Gilroy City Council
December 8, 2025

City of Gilroy
BSCC 317-22

EXHIBIT F: 2020 TITLE II AWARD FEDERAL CONDITIONS
Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS").

The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.

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City of Gilroy
BSCC 317-22

APPENDIX A: 2022 TITLE II GRANT EXECUTIVE STEERING COMMITTEE Name Title Organization/Agency County
1 Rachel Rios
(Chair) Executive Director La Familia Counseling Center, Inc. Sacramento 2 Hon. Brian
Back Judge SACJJDP member, Ventura Juvenile Court Ventura 3 Denise Villamil Program Director
Chair of the Board
ALMA Family Services
Girls Today Women
Tomorrow
Los Angeles
4 Hailey Jures Consultant Hailey Jures
Consulting, LLC. Los Angeles
5 Elliott
HousmanTurrubiate
Youth & Family
Advocate Manager
Sacramento Native
American Health
Center
Sacramento
6 Dr. B.J. Davis
Senior Manager of
Training and
Clinical Quality
WellSpace Health Sacramento
7 Amanda Ayala Project Manager II Santa Clara County Santa Clara 8 Gordon
Jackson National Director 3Strands Global Foundation Sacramento DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F

City of Gilroy
BSCC 317-22

APPENDIX B: CRITERIA FOR NON-GOVERNMENTAL ORGANIZATIONS RECEIVING

TITLE II GRANT PROGRAM FUNDS
The Title II Grant Program Request for Proposals (RFP) includes requirements that apply to non-governmental, community-based organizations providing service with grant funds.
3 Grantees are responsible for ensuring that all contracted third parties continually meet these requirements as a condition of receiving any Title II Grant Program funds.

Any non-governmental organization that receives Title II grant funds (as either a direct grantee, subgrantee, or subcontractor) must:
• Have been duly organized, in existence, and in good standing at least six (6) months prior to the effective date of its fiscal agreement with the BSCC or with the Title II grantee;
o Non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the six-month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the grantee-subcontractor fiscal agreement.
• Be registered with the California Secretary of State’s Office, if applicable; • Have a valid business license, if required by the applicable local jurisdiction; • Have a valid Employer Identification Number (EIN) or Taxpayer ID (if sole proprietorship);
• Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and,
• Have a physical address in the State of California. (An agent for service of process with a California address is insufficient.)
In the table below, provide the name of the Grantee and list all contracted parties.

Grantee: City of Gilroy
3 Non-Governmental Organizations (NGOs) include community-based organizations, faith-based organizations, non-profit organizations/501(c)(3)s, for profit service providers, evaluators (except government institutions such as universities), grant management companies and any other nongovernmental agency or individual.

NOTE: These criteria do not apply to government organizations (e.g., counties, cities, school districts, etc.).

Name of Contracted Party Address Email / Phone Meets All Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
X
X

CARRY THE VISION

RESOURCE DEVELOPMENT

ASSOCIATES CONSULTING
330 Franklin Street, Suite 400
Oakland, CA 94607
7365 Monterey Hwy #203,
Gilroy, CA 95020
(408) 275-6133
(510) 488-4345
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City of Gilroy
BSCC 317-22

APPENDIX B: CRITERIA FOR NON-GOVERNMENTAL ORGANIZATIONS RECEIVING

TITLE II GRANT PROGRAM FUNDS
Grantees are required to update this list and submit it to BSCC any time a new third-party contract is executed after the initial assurance date. Grantees shall retain (on-site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the Title II RFP. These records will be subject to all records and retention language in the Standard Agreement.

Unless prior approval is obtained, the BSCC prohibits disbursement or reimbursement to any NGO that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.

A signature below is an assurance that all requirements listed above have been met.

AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)

NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER EMAIL ADDRESS

STREET ADDRESS CITY STATE ZIP CODE
APPLICANT’S SIGNATURE (Blue Ink or E-Signature Only) DATE x
Jimmy Forbis Gilroy City Administrator (408) 846-0202 [email protected] 7351 Rosanna St Gilroy CA 95020
DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F 3/7/2023

2. The term of this Agreement is:

SCO ID: 0530-2025611OYCR
STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES ~-----------~-------------~

STANDARD AGREEMENT
STD 213 (Rev. 04/2020)

AGREEMENT NUMBER
2025-611-OYCR
PURCHASING AUTHORITY NUMBER (If Applicable)
HHSA-4000

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME
California Health and Human Services Agency (CalHHS)

CONTRACTOR NAME
City of Gilroy

START DATE
October 1, 2024

THROUGH END DATE
September 30, 2026

3. The maximum amount of this Agreement is:
$ 786,452.00 (Seven hundred eighty-six thousand, four hundred fifty-two dollars and zero cents)

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title
Exhibit A Scope of Work
Exhibit B Budget Detail and Payment Provisions
Exhibit C * General Terms and Conditions
+
- Exhibit D Special Terms and Conditions -
+
- Exhibit E California State Advisory Committee on Juvenile Delinquency and Prevention - + Attachment - CA FY 24 Title II Formula Grants Program Award Letter - 1 Items shown with an astensk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Gilroy

CONTRACTOR BUSINESS ADDRESS
7351 Rosanna Street

PRINTED NAME OF PERSON SIGNING
Brad Kilger

CONTRACTOR AUTHORIZED SIGNATURE
CITY
Gilroy
TITLE
Interim City Administrator

DATE SIGNED
Pages
5 4
5 5
1 18

STATE ZIP
CA 95020

Docusign Envelope ID: DDC385DF-C53A-4C9A-B76E-9EAB899E3305 8/8/2025

SCO ID: 0530-2025611 OYCR
STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES �-----------�-------------�

STANDARD AGREEMENT
STD 213 (Rev. 04/2020)

CONTRACTING AGENCY NAME
California Health and Human Services Agency (CalHHS)

CONTRACTING AGENCY ADDRESS
1215 0 St, MS-08

PRINTED NAME OF PERSON SIGNING
Alani Jackson

CONTRACTING AGENCY AUTHORIZED SIGNATURE

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL

AGREEMENT NUMBER
2025-611-OYCR

STATE OF CALIFORNIA
PURCHASING AUTHORllY NUMBER (If Applicable)
HHSA-4000
CllY STATE ZIP
Sacramento CA 95814
TITLE
Deputy Director

DATE SIGNED
EXEMPTION (If Applicable)
Welfare and Institutions Code 2200k

Docusign Envelope ID: DDC385DF-C53A-4C9A-B76E-9EAB899E3305 8/11/2025

City of Gilroy Exhibit A: Scope of Work
California Health and Human Services Agency 2025-611-OYCR Office of Youth and Community Restoration Page 1 of 5
EXHIBIT A: SCOPE OF WORK

1. GRANT AGREEMENT PARTIES
This Grant Agreement is between the California Health and Human Services Agency (CalHHS), Office of Youth and Community Restoration (OYCR) and the City of Gilroy (hereafter referred to as the Grantee).

These Title II Grants were originally awarded to the California Board of State and Community Corrections (BSCC) as the state agency for juvenile grants in California and in July 2024 California Welfare & Institution Code Sec.2202 transferred the responsibility for all juvenile grants to OYCR, which necessitates this contract amendment.

2. PROJECT SUMMARY AND ADMINISTRATION
The Grantee agrees to administer the project in accordance with the 2024 CA FT 24 Title II Formula Grants Program Award Letter (see Attachment 1).

3. SERVICES PROVIDED BY THE TITLE II GRANTEES
Grant program funds will be used for one or more of these functions:
 Support Aftercare/Reentry.
 Alternatives to Detention and Placement.
 Community Based Programs – Diversion.
 Job Training.
 Mentoring, Counseling, and Training Programs.

4. PROJECT OFFICIALS
A. The OYCR’s Chief Deputy Director or designee shall be the OYCR’s representative for administration of the Grant Agreement and shall have authority to make determinations relating to any controversies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement.

OYCR REPRESENTATIVES
NAME Alani Jackson
TITLE OYCR Deputy Director
EMAIL [email protected]
PHONE 916-651-0423
NAME Krystal Lewis-Britton
TITLE OYCR Grants Manager
EMAIL [email protected]
PHONE 916-508-8097
B. The Grantee’s project officials shall be those identified as follows:

Authorized Officer with legal authority to sign:

Name: Brad Kilger
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City of Gilroy Exhibit A: Scope of Work
California Health and Human Services Agency 2025-611-OYCR Office of Youth and Community Restoration Page 2 of 5
Title: Interim City Administrator
Address: 7351 Rosanna Street, Gilroy, CA 95020
Phone: 408-846-0250
Email: [email protected]
Designated Financial Officer authorized to receive warrants:

Name: Harjot Sangha
Title: Finance Director
Address: 7351 Rosanna Street, Gilroy, CA 95020
Phone: 408-846-0294
Email: [email protected]
Project Director authorized to administer the project:

Name: Luke Powell
Title: Police Captain
Address: 7301 Hanna St., Gilroy, CA 95020
Phone: 408-846-0323
Email: [email protected]
C. Either party may change its project representatives upon written notice to the other party.

D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or she has full legal authority to bind the entity for which he or she signs.

5. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described in the Title II Grant Award Letter.

6. REPORTING REQUIREMENTS
A. Quarterly Progress Reports
Grantee will submit quarterly progress reports in a format prescribed by the OYCR.

These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule:

Progress Report Periods Due no later than:

1. October 1, 2024 to December 31, 2024 September 15, 2025

2. January 1, 2025 to March 31, 2025 September 15, 2025

3. April 1, 2025 to June 30, 2025 September 30, 2025

4. July 1, 2025 to September 30, 2025 October 15, 2025

5. October 1, 2025 to December 31, 2025 January 15, 2026

6. January 1, 2026 to March 31, 2026 April 15, 2026

7. April 1, 2026 to June 30, 2026 July 15, 2026

8. July 1, 2026, to September 30, 2026 October 15, 2026 Docusign Envelope ID: DDC385DF-C53A-4C9A-B76E-9EAB899E3305

City of Gilroy Exhibit A: Scope of Work
California Health and Human Services Agency 2025-611-OYCR Office of Youth and Community Restoration Page 3 of 5
Note: Project Service activity period ends September 30, 2026. The Grantee shall complete all required reports by December 31, 2026, including the Final Local Evaluation Report and the financial audit (if applicable).

B. Grantee shall submit to the OYCR: (1) a Local Evaluation Plan and, (2) a Final Local Evaluation Report three months after the conclusion of the grant.

Due no later than:

1. Local Evaluation Plan * December 15, 2025

2. Final Local Evaluation Report December 31, 2026
* If the Local Evaluation Plan was already submitted to the previous BSCC administration, Grantees may re-submit the original Local Evaluation plan to the OYCR engagement manager to complete this deliverable.

C. If applicable, the Grantee shall submit the Financial Audit no later than December 31, 2026.

7. PROJECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financial records, and required reports.

B. The Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project. Source documentation includes copies of all awards, applications, approved modifications, financial records, and narrative reports.

C. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full-time or parttime. Time and effort reports are also required for all subcontractors and consultants.

D. The grantee shall maintain documentation of donated goods and/or services, including the basis for valuation.

E. Grantee agrees to protect records adequately from fire or other damage. When records are stored away from the Grantee’s principal office, a written index of the location of records stored must be on hand and ready access must be assured.

F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the OYCR or designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three (3) year period, Docusign Envelope ID: DDC385DF-C53A-4C9A-B76E-9EAB899E3305

City of Gilroy Exhibit A: Scope of Work
California Health and Human Services Agency 2025-611-OYCR Office of Youth and Community Restoration Page 4 of 5
the records must be retained until the completion of the action and resolution of all issues which arise from it or until the end of the regular three (3) year period, whichever is later.

8. AUDIT
Grantee is required to complete an audit annually for each fiscal year/audit period, or fraction thereof, for the entire three-year grant cycle. Grantees may choose either a program-specific audit or a single federal audit. Federal guidelines allow grantees receiving $750,000 or more in federal funds in a fiscal year to use their federal justice assistance grant funds to pay for the cost of the audit. Grantees falling below the $750,000 threshold must use non-federal funds (i.e., match funds) to pay for audit costs. For purposes of this grant award, please check one of the boxes below to indicate the grantee’s choice for meeting the audit requirement.

In conformance with Federal Office of Management and Budget (OMB) CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and the California State Controller’s Accounting Standards and Procedures, Chapter 23, Grant Accounting Index, the identified grant will be included in the City/County Single Federal Audit Report, which will be submitted to the OYCR within 30 days of the Grantee’s receipt of the report or within nine months following the end of the audit period, whichever is earlier.

OR
In conformance with Federal Office of Management and Budget (OMB) CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and the California State Controller’s Accounting Standards and Procedures Chapter 23, Grant Accounting Index, the grantee will provide a ProgramSpecific Final Audit Report to the OYCR within 30 days of the Grantee’s receipt of the report or within nine months following the end of the audit period, whichever is earlier.

OR
In conformance with Federal Office of Management and Budget (OMB) CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, the non-governmental entity grantee does not expend $750,000 or more in total federal awards during the fiscal year and is therefore, exempt from Federal audit requirements for this grant contract period. However, the entity understands that it must keep and maintain the grant records and make them available for review or audit by appropriate officials of the Federal agency, passthrough agency (i.e., the Board of State and Community Corrections) and Governmental Accountability Office.

9. UNIQUE ENTITY IDENTIFIER
The Grantee must maintain active registration of their Unique Entity Identifier (UEI), used for this Grant Agreement, throughout the term of the contract. An active UEI number is also required to remain in compliance with the Federal Funding Accountability and Docusign Envelope ID: DDC385DF-C53A-4C9A-B76E-9EAB899E3305

City of Gilroy Exhibit A: Scope of Work
California Health and Human Services Agency 2025-611-OYCR Office of Youth and Community Restoration Page 5 of 5
Transparency Act (FFATA), a reporting tool Federal prime awardees (i.e. prime contractors and prime grants recipients) use to capture and report subaward and executive compensation.

Docusign Envelope ID: DDC385DF-C53A-4C9A-B76E-9EAB899E3305

City of Gilroy Exhibit B: Budget Detail and Payment Provisions California Health and Human Services Agency 2025-611-OYCR Office of Youth and Community Restoration Page 1 of 4
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS

1. INVOICING AND PAYMENTS
A. The Grantee shall be paid on a quarterly basis in arrears by submitting an invoice to the OYCR that outlines actual expenditures claimed for the invoicing period.

INVOICING PERIOD INVOICE DUE DATE
October 2024 – December 2024 September 15, 2025
January 2025 – March 2025 September 15, 2025
April 2025 – June 2025 September 15, 2025
July 2025 – September 2025 October 15, 2025
October 2025 – December 2025 January 15, 2026
January 2026 – March 2026 April 15, 2026
April 2026 – June 2026 July 15, 2026
July 2026 – September 2026 November 15, 2026
October 2026 – December 2026 (Final Reports) January 15, 2027 B. All regular project expenditures excluding costs associated with the completion of the Final Reports and all obligated match contributions must be incurred by the end of the grant project period, September 30, 2026, and included on the invoice due November 15, 2026.

C. The Final Local Evaluation Report is due to OYCR by December 31, 2026. All fiscal supporting documentation for the Final Local Evaluation Report expenditures must be submitted to the OYCR with this final invoice
D. The Grantee shall submit an invoice to the OYCR each invoicing period, even if grant funds are not expended or requested during the invoicing period.

E. Supporting documentation must be submitted for expenditures upon OYCR’s request.

All supporting documentation must be maintained by the grantee on site and be readily available for review during OYCR site visits.

2. INVOICING INSTRUCTIONS
A. For services satisfactorily rendered (i.e., tasks and deliverables) and completed in accordance with the requirements set forth in this Agreement, and accepted by the OYCR, and upon receipt and approval of the invoices, the OYCR agrees to compensate the Grantee in accordance with the terms of this Agreement.

B. Payment shall be made in accordance with the State of California’s Prompt Payment Act (Government Code § 927 et seq.).

C. Invoices must be submitted via email to [email protected] D. The email must contain the following in the subject line:
1) Grantee name.
2) Agreement number 2025-611-OYCR.

Docusign Envelope ID: DDC385DF-C53A-4C9A-B76E-9EAB899E3305

City of Gilroy Exhibit B: Budget Detail and Payment Provisions California Health and Human Services Agency 2025-611-OYCR Office of Youth and Community Restoration Page 2 of 4
3) Invoice number.
4) Invoice must be in PDF format and contain the following information:
i. Grantee’s letterhead.
ii. Agreement number 2025-611-OYCR.
iii. Invoice number.
iv. Invoice date.
v. Period when services were performed.
vi. Invoice amount.
vii. Description of services.

3. GRANT AMOUNT AND LIMITATION
A. In no event shall the OYCR be obligated to pay any amount more than the grant award.

Grantee waives all claims against the OYCR and the State of California on account of project costs that may exceed the sum of the grant award.

B. Under no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement.

4. BUDGET CONTINGENCY CLAUSE
A. Grantee agrees that the OYCR’s obligation to pay any sum to the grantee under any provision of this agreement is contingent upon the availability of sufficient federal appropriations as part of the federal budget process and made available through the authorization in the California Budget Act. It is mutually agreed that if Congress does not appropriate sufficient funds in subsequent years and/or the California Legislature does not provide sufficient appropriation authority during the term of years covered under this Grant Agreement, this Grant Agreement shall be of no further force and effect. In this event, the OYCR shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement.

B. If Title II Grant Program funding is reduced or falls below estimates contained within the Title II Grant Program, the OYCR shall have the option to either cancel this Grant Agreement with no liability occurring to the OYCR or offer an amendment to this agreement to the Grantee to reflect a reduced amount.

C. If OYCR cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed that the Grant Agreement shall have no further force and effect. In this event, the OYCR shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement except that Grantee shall be required to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement.

5. PROJECT COSTS
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City of Gilroy Exhibit B: Budget Detail and Payment Provisions California Health and Human Services Agency 2025-611-OYCR Office of Youth and Community Restoration Page 3 of 4
A. Grantee is responsible for ensuring that actual expenditures are for eligible project costs. “Eligible” and “ineligible” project costs are set forth in the BSCC’s 2023 grant admin guidelines please. BSCC-Grant-Admin-Guide-July-2023.pdf B. The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein. To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail.

C. Grantee is responsible for ensuring that invoices submitted to the OYCR claim actual expenditures for eligible project costs.

D. Grantee shall, upon demand, remit to the OYCR any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this Grant Agreement.

E. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose.

Violations can result in recoupment of monies provided under this grantor suspension of future program funding through OYCR grants.

6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The OYCR may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement.

B. When the balance of state funds allocated to the Grantee reaches five percent (5%), the OYCR may withhold that amount as security, to be released to the Grantee upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice.
2) submittal and approval of the final progress report; and 3) submittal and approval of any additional required reports.

C. The OYCR will not reimburse Grantee for costs identified as ineligible for grant funding.

If grant funds have been provided for costs subsequently deemed ineligible, the OYCR may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee.

D. In the event that grant funds are withheld from the Grantee, the OYCR’s Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding.

7. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
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City of Gilroy Exhibit B: Budget Detail and Payment Provisions California Health and Human Services Agency 2025-611-OYCR Office of Youth and Community Restoration Page 4 of 4
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

8. PROJECT BUDGET
Program Budget (October 2024 – September 2026) Total

1. Salaries and Benefits $0

2. Services and Supplies $57,819

3. Professional Services $0

4. Direct Service Provider Subcontracts (NGO & Government) $702,133

5. Equipment/Fixed Assets $0

6. Project Evaluation and Data Collection $26,500

7. Other (Travel, Training, etc.) $0

8. Indirect Costs $0
TOTAL $786,452
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City of Gilroy Exhibit C: General Terms and Conditions
California Health and Human Services Agency 2025-611-OYCR Office of Youth and Community Restoration Page 1 of 5
EXHIBIT C: CALIFORNIA GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State Docusign Envelope ID: DDC385DF-C53A-4C9A-B76E-9EAB899E3305

City of Gilroy Exhibit C: General Terms and Conditions
California Health and Human Services Agency 2025-611-OYCR Office of Youth and Community Restoration Page 2 of 5
shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal.

Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require ascertaining compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

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City of Gilroy Exhibit C: General Terms and Conditions
California Health and Human Services Agency 2025-611-OYCR Office of Youth and Community Restoration Page 3 of 5

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
( https://www.dgs.ca.gov/OLS/Resources)

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be a paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.

B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body 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 bidder for sale to the purchasing body pursuant to the bid.

Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

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City of Gilroy Exhibit C: General Terms and Conditions
California Health and Human Services Agency 2025-611-OYCR Office of Youth and Community Restoration Page 4 of 5
D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION REPORTING REQUIREMENTS:

A. If for this Contract the Contractor made a commitment to achieve small business participation, then the Contractor must, within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract), report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
B. If for this Contract the Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then the Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the Docusign Envelope ID: DDC385DF-C53A-4C9A-B76E-9EAB899E3305

City of Gilroy Exhibit C: General Terms and Conditions
California Health and Human Services Agency 2025-611-OYCR Office of Youth and Community Restoration Page 5 of 5
amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) Docusign Envelope ID: DDC385DF-C53A-4C9A-B76E-9EAB899E3305

City of Gilroy Exhibit D: Special Terms and Conditions
California Health and Human Services Agency 2025-611-OYCR Office of Youth and Community Restoration Page 1 of 5
EXHIBIT D: SPECIAL TERMS AND CONDITIONS

1. GRANTEE’S GENERAL RESPONSIBILITY
A. Grantee agrees to comply with all terms and conditions of this Grant Agreement.

Review and approval by the OYCR is solely for the purpose of proper administration of grant funds and shall not be deemed to relieve or restrict the Grantee’s responsibility.

B. Grantee is responsible for the performance of all project activities identified in Attachment 1, Title II Grant Program Award Letter.

C. Grantee shall immediately advise the OYCR of any significant problems or changes that arise during the course of the project.

2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable local ordinances.

B. Compliance with Federal Laws and Regulations
The Grantee hereby assures and certifies compliance with all applicable federal statutes, regulations, policies, guidelines and requirements, including all Title II Federal Award Conditions. Please note that federal award conditions are subject to change in subsequent funding years and grantees will be required to comply with any future changes to remain eligible for federal funding.

C. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1, Title II Grant Program Award Letter.

D. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work.

3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for services needed to implement and/or support program activities.

Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee’s agreement with a subcontractor, the language of this Grant Agreement will prevail.

B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the OYCR and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to Docusign Envelope ID: DDC385DF-C53A-4C9A-B76E-9EAB899E3305

City of Gilroy Exhibit D: Special Terms and Conditions
California Health and Human Services Agency 2025-611-OYCR Office of Youth and Community Restoration Page 2 of 5
be as fully responsible to the OYCR for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee’s obligation to pay its subcontractors is an independent obligation from the OYCR’s obligation to make payments to the Grantee. As a result, the OYCR shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the Title II Grant Program Award Letter.

D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained.

E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee’s subcontractors to:
1) Books and Records
Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the OYCR or designees, state government auditors or designees, or by federal government auditors or designees.
2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the OYCR or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project.

4. PROJECT ACCESS
Grantee shall ensure that the OYCR, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant period.

5. ACCOUNTING AND AUDIT REQUIREMENTS
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City of Gilroy Exhibit D: Special Terms and Conditions
California Health and Human Services Agency 2025-611-OYCR Office of Youth and Community Restoration Page 3 of 5
A. All funds received by the Grantee shall be deposited into separate fund accounts which identify the funds and clearly show the manner of their disposition. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted government accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail, which will permit the tracing of transactions from such documents to relevant accounting records, financial reports and invoices.

B. The OYCR reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three years following the end of the grant period. At any time, the OYCR may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement or take other remedies legally available.

6. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the OYCR. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in the Application for Funding.

Changes shall not be implemented by the project until authorized by the OYCR.

7. TERMINATION
A. This Grant Agreement may be terminated by the OYCR at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a material and substantial breech of this Grant Agreement. Such action or inaction includes but is not limited to:
1) Substantial alteration of the scope of the grant project without prior written approval of the OYCR.
2) Refusal or inability to complete the grant project in a manner consistent with Attachment 1: Title II Grant Program Award Letter.
3) Failure to provide the required local match share of the total project costs; and 4) Failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement.

B. Prior to terminating the Grant Agreement under this provision, the OYCR shall provide the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in accordance with the instructions listed in Exhibit D: Special Terms and Conditions, Number 8. Settlement of Disputes.

8. SETTLEMENT OF DISPUTES
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City of Gilroy Exhibit D: Special Terms and Conditions
California Health and Human Services Agency 2025-611-OYCR Office of Youth and Community Restoration Page 4 of 5
A. The parties shall deal in good faith and attempt to resolve potential disputes informally.

If the dispute persists, the Grantee shall submit to the OYCR Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Grant Agreement. Grantee’s written demand shall be fully supported by factual information. The OYCR Deputy Director shall have 30 days after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written decision. If a written decision is not rendered within 30 days after receipt of the Grantee’s demand, it shall be deemed a decision adverse to the Grantee’s contention. If the Grantee is not satisfied with the decision of the OYCR Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30-day period in the event no decision is rendered), to the OYCR Director, who shall have 45 days to render a final decision. If the Grantee does not appeal the decision of the OYCR Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court, or with the Victims Compensation Government Claims Board, for failure to exhaust Grantee’s administrative remedies.

B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement. Grantee’s failure to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement.

C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Director, if an appeal was made. If the Director fails to render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision, it shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.

D. The dates of decision and appeal in this section may be modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction.

9. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.

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City of Gilroy Exhibit E: CA State Advisory Committee Juvenile Dqcy & Prevention California Health and Human Services Agency 2025-611-OYCR Office of Youth and Community Restoration Page 1 of 1
EXHIBIT E: CALIFORNIA STATE ADVISORY COMMITTEE ON JUVENILE

DELINQUENCY AND PREVENTION
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Department of Justice (DOJ)
Office of Justice Programs
Office of Juvenile Justice Delinquency Prevention
Washington, D.C. 20531
Name and Address of Recipient: HEALTH & HUMAN SERVICES AGENCY CALIFORNIA 1215 O ST
City, State and Zip: SACRAMENTO, CA 95814
Recipient UEI: JPRAV6KE9K21
Project Title: CA FY 24 Title II Formula
Grants Program Award Number: 15PJDP-24-GG-05475-TITL
Solicitation Title: OJJDP FY24 Title II Formula Grants Program Federal Award Amount: $4,099,327.00 Federal Award Date: 12/6/24 Awarding Agency: Office of Justice Programs
Office of Juvenile Justice Delinquency Prevention
Funding Instrument Type: Grant
Opportunity Category: M
Assistance Listing:

16.540 - Juvenile Justice and Delinquency Prevention
Project Period Start Date: 10/1/24 Project Period End Date: 9/30/28 Budget Period Start Date: 10/1/24 Budget Period End Date: 9/30/28 Project Description:

The Office of Youth and Community Restoration (OYCR) is California’s State Administering Agency for OJJDP’s Title II Formula Grant program. This grant will support the State Advisory Group (which in CA is the State Advisory Committee on Juvenile Justice and Delinquency Prevention (SACJJDP)). Consistent with the California 2024-2026 Title II State Plan, grant program funds will be used to support Aftercare/Reentry, Alternatives to Detention and Placement, Community Based Programs – Diversion, Job Training, and Mentoring, Counseling, and Training Programs.

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Award Letter
December 6, 2024
Dear Alani Jackson,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by HEALTH & HUMAN SERVICES AGENCY CALIFORNIA for an award under the funding opportunity entitled 2024 OJJDP FY24 Title II Formula Grants Program. The approved award amount is $4,099,327.

Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents.

Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.

Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.

Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date.

To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven’t already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process.

Congratulations, and we look forward to working with you.

Elizabeth Ryan
OJJDP Administrator
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) enforces federal civil rights laws and other provisions that prohibit discrimination by recipients of federal financial assistance from OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW).

Several civil rights laws, including Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance (recipients) to give assurances that they will comply with those laws. Taken together, these and other civil rights laws prohibit recipients from discriminating in the provision of services and employment because of race, color, national origin, religion, disability, and sex or from discriminating in the provision of services on the bases of age.

Some recipients of DOJ financial assistance have additional obligations to comply with other applicable nondiscrimination provisions like the Omnibus Crime Control and Safe Streets Act of 1968, which prohibits discrimination on the basis of religion in addition to race, color, national origin, and sex. Recipients may also have related requirements regarding the development and implementation of equal employment opportunity programs.

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OCR provides technical assistance, training, and other resources to help recipients comply with civil rights obligations.

Further, OCR administratively enforces civil rights laws and nondiscrimination provisions by investigating DOJ recipients that are the subject of discrimination complaints. In addition, OCR conducts compliance reviews of DOJ recipients based on regulatory criteria. These investigations and compliance reviews permit OCR to evaluate whether DOJ recipients are providing services to the public and engaging in employment practices in a nondiscriminatory manner.

For more information about OCR, your civil rights and nondiscrimination responsibilities, how to notify your employees or beneficiaries of their civil rights protections and responsibilities and how to file a complaint, as well as technical assistance, training, and other resources, please visit www.ojp.gov/program/civil-rights-office/outreach. If you would like OCR to assist you in fulfilling your civil rights or nondiscrimination responsibilities, please contact us at askOCR@o jp.usdoj.gov or www.ojp.gov/program/civil-rights-office/about#ocr-contacts.

Memorandum Regarding NEPA
NEPA Letter Type
OJP - Categorical Exclusion
NEPA Letter
National Environmental Policy Act (NEPA) record
Solicitation Title: OJJDP FY 2024 Title II Formula Grants Program (FY 2024 Title II Grant Solicitation Year 1 of the 3-Year Plan)
Award Number: 15PJDP-24-GG-05475-TITL
NEPA determination: Categorical Exclusion
The OJJDP Title II Formula Grants Program provides funding to support state and local efforts to plan, establish, operate, coordinate, and evaluate policies and projects, directly or through grants and contracts with public and private agencies, for the development of more effective education, training, research, prevention, diversion, treatment, and rehabilitation programs in the area of juvenile delinquency, as well as juvenile justice system improvement efforts. Juvenile Justice and Delinquency Prevention (JJDP) Act, at 34 U.S.C. §§ 11131–11133.

None of the following activities will be conducted whether under the Office of Justice Programs federal action or a related third party action:
(1) New construction
(2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including property (a) listed on or eligible for listing on the National Register of Historic Places, or (b) located within a 100-year flood plain, a wetland, or habitat for an endangered species (3) A renovation that will change the basic prior use of a facility or significantly change its size (4) Research and technology whose anticipated and future application could be expected to have an effect on the environment
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(5) Implementation of a program involving the use of chemicals (including the identification, seizure, or closure of clandestine methamphetamine laboratories) Additionally, the proposed action is neither a phase nor a segment of a project that when reviewed in its entirety would not meet the criteria for a categorical exclusion.

Consequently, the subject federal action meets the Office of Justice Programs' criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of Title 28 of the Code of Federal Regulations.

Questions about this determination may be directed to your grant manager or Environmental Coordinator for the Office of Juvenile Justice and Delinquency Prevention (OJJDP).

NEPA Coordinator
First Name
LouAnn
Middle Name
no value
Last Name
Holland
Award Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Recipient Information
Recipient Name

HEALTH & HUMAN SERVICES AGENCY CALIFORNIA
UEI
JPRAV6KE9K21
Street 1
1215 O ST Street 2
City

SACRAMENTO
State/U.S. Territory
California
Zip/Postal Code
95814
Country
United States
County/Parish
no value
Province
no value
Award Details
Federal Award Date
12/6/24
Award Type
Initial
Award Number Supplement Number
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15PJDP-24-GG-05475-TITL 00
Federal Award Amount
$4,099,327.00
Funding Instrument Type
Grant
Assistance Listing
Number
Assistance Listings Program Title

16.540 Juvenile Justice and Delinquency Prevention
Statutory Authority
34 U.S.C. 11131
[X] I have read and understand the information presented in this section of the Federal Award Instrument.

Project Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Solicitation Title
2024 OJJDP FY24 Title II Formula Grants Program
Application Number
GRANT14218651
Awarding Agency
OJP
Program Office
OJJDP
Grant Manager
William Harper
Phone Number
202-598-7769
E-mail Address
[email protected]
Project Title
CA FY 24 Title II Formula Grants Program
Performance Period Start
Date
10/01/2024
Performance Period End Date
09/30/2028
Budget Period Start Date
10/01/2024
Budget Period End Date
09/30/2028
Project Description
The Office of Youth and Community Restoration (OYCR) is California’s State Administering Agency for OJJDP’s Title II Formula Grant program. This grant will support the State Advisory Group (which in CA is the State Advisory Committee on Juvenile Justice and Delinquency Prevention (SACJJDP)). Consistent with the California 2024-2026 Title II State Plan, grant program funds will be used to support Aftercare/Reentry, Alternatives to Detention and Placement, Community Based Programs – Diversion, Job Training, and Mentoring, Counseling, and Training Programs. [X] I have read and understand the information presented in this section of the Federal Award Instrument.

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Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. [X] I have read and understand the information presented in this section of the Federal Award Instrument.

Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Condition 1
Meaningful access requirement for individuals with limited English proficiency The recipient, and any subrecipient at any tier, must take reasonable steps to ensure that individuals with limited English proficiency (LEP) have meaningful access to their programs and activities to comply with Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of national origin, including discrimination against individuals with LEP. Such steps may require providing language assistance services, such as interpretation or translation services. The Department of Justice guidance on compliance with this requirement may be found at "Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons" (67 Fed. Reg. 41455-41472) (https:// www.federalregister.gov/d/02-15207) and is incorporated by reference here.

Condition 2
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2024) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY24AppropriationsRestrictions.htm, and are incorporated by reference here.

Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

Condition 3
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38.

Among other things, 28 C.F.R. Part 38 states that recipients may not use direct Federal financial assistance from the Department to support or engage in any explicitly religious activities except when consistent with the Establishment Clause of the First Amendment and any other applicable requirements. An organization receiving Federal financial assistance also may not, in providing services funded by the Department of Justice, or in their outreach activities related to such services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice.

Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. In addition, Part 38 states that a faith-based organization that participates a Department of Justice funded program retains its independence from the Government and may continue to carry out its mission consistent with religious freedom and conscience protections in Federal law.

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Recipients and subrecipients that provide social services under this award must give written notice to beneficiaries and prospective beneficiaries prior to the provision of services (if practicable) which shall include language substantially similar to the language in 28 CFR Part 38, Appendix C, sections (1) through (4). A sample written notice may be found at https://www.ojp.gov/program/civil-rights-office/partnerships-faith-based-and-other-neighborhood-organizations.

In certain instances, a faith-based or religious organization may be able to take religion into account when making hiring decisions, provided it satisfies certain requirements. For more information, please see https://www.ojp.gov/ funding/explore/legaloverview2024/civilrightsrequirements.

Condition 4
Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.

Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices:

Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.

By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.

Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.

Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).

Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.

Condition 5
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.

Condition 6
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted Page: 7 of 18
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and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this award from OJP.

For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.

Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.

In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.

Condition 7
Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.

Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).

Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.

Condition 8
Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.

Condition 9
Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.

Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").

Condition 10
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The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.

Condition 11
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.

Condition 12
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.

Among other items, 28 C.F.R. § 42.106(d), 28 C.F.R. § 42.405(c), and 28 C.F.R. § 42.505(f) contain notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.

Condition 13
Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.

The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.

The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.

Condition 14
Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.

Condition 15
Employment eligibility verification for hiring under the award

1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole Page: 9 of 18
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or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).

B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.

C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).

D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.

2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.

4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.

B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.

C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.

D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.

E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).

Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at [email protected]. E-Verify employer agents can email E-Verify at E[email protected].

Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.

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Condition 16
Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.

Condition 17
Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.

Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.

Condition 18
Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.

The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.

1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
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(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

Condition 19
OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees.

Condition 20
Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).

The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here.

Condition 21
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.

Condition 22
Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2021, will satisfy this condition.

In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after January 1, 2021, will satisfy this condition.

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purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection.

The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.

Condition 23
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.

The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.

Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.

Condition 24
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.

The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.

Condition 25
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "highrisk" for purposes of the DOJ high-risk grantee list.

Condition 26
Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.

Condition 27
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The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.

The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (firsttier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.

The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.

This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

Condition 28
Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards Consistent with Executive Order 14074, “Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety,” OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient (“subgrantee”) at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the “controlled equipment” list. The details of the requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition:

Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards), and are incorporated by reference here.

Condition 29
Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.

Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

Condition 30
All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").

The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/ funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.

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Condition 31
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Among other items, 28 C.F.R. § 54.140 contains notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.

Condition 32
FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here.

This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

Condition 33
The recipient agrees to submit a final report at the end of this award documenting all relevant project activities during the entire period of support under this award. This report will include detailed information about the project(s) funded, including, but not limited to, information about how the funds were actually used for each purpose area, data to support statements of progress, and data concerning individual results and outcomes of funded projects reflecting project successes and impacts. The final report is due no later than 120 days following the close of this award period or the expiration of any extension periods. This report will be submitted to the Office of Justice Programs, on-line through the Internet at https://justgrants.usdoj.gov/
Condition 34
Title II Performance Reports
The recipient shall submit annual performance reports. Performance reports shall be submitted after the end of the reporting period (October 1 - September 30), no later than December 30 of each year, for the life of the award. These reports will be submitted to the Office of Justice Programs, on-line through the Internet at https://justgrants.usdoj.gov.

Condition 35
Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds.

Condition 36
OJJDP- Title II - Withholding of funds for pending budget documentation The recipient may not expend or draw down award funds until the recipient submits, and OJP reviews and approves, the required budget and budget narrative reflecting the total amount for the award, and an Award Condition Modification (ACM) has been issued to remove this award condition.

Condition 37
The grantee agrees that not later than 60 days after the date on which the award is made (or, if applicable, 60 days after OJJDP releases a grant condition requiring a revised state plan), the grantee shall make the state plan or amended plan required under 34 U.S.C. 11133(a), and submitted as part of the application for this award, publicly Page: 15 of 18
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available, by posting it on the state's publicly available website.

Condition 38
The recipient agrees that, consistent with applicable State law, staff directly associated with administration of the OJJDP Formula Grants Program will attend and participate in conferences, workshops, training sessions and other national or regional meetings deemed by OJJDP to be critical to the administration of this Program. OJJDP will determine which staff and the number of staff that should attend each meeting, consistent with the scope and subject matter of the meeting. Cost of attendance will be borne by the recipient as an administrative cost to the grant or paid from State Advisory Group set aside funds under Section 222(d), as appropriate.

Condition 39
The recipient agrees that, as required by federal law (31 U.S.C. 1301(a)), the funds allocated to support its State Advisory Group (SAG) pursuant to 34 U.S.C. 11132(d) must be expended in a manner consistent with the purposes set forth at 34 U.S.C. 11133(a)(3)(B), (C), and (D). If the recipient's SAG chooses to use a portion of its limited formula grant set-aside for organizational membership fees, such costs are only allowable if those costs meet the requirements of 2 C.F.R. 200.454. The use of federal funds for 1) cash or in-kind contributions, 2) donations, or 3) payment of membership fees in organizations substantially engaged in lobbying, is specifically prohibited by 2 C.F.R. 434 and 454.

Condition 40
Pursuant to Section 223(a)(3)(A)(iii) of the Juvenile Justice and Delinquency Prevention Act of 1974, as amended (34 U.S.C. 11101, et seq.), the chairperson of the State Advisory Group cannot be a full-time employee of the Federal, State, or local government. This prohibition applies also to an Acting Chair, or other person assuming the duties and responsibilities of the Chair, whether permanently or on a temporary basis.

Condition 41
"Methods of Administration" - monitoring compliance with civil rights laws and nondiscrimination provisions The recipient's monitoring responsibilities include monitoring of subrecipient compliance with applicable federal civil rights laws and nondiscrimination provisions. Within 90 days of the date of award acceptance, the recipient must submit to OJP's Office for Civil Rights (at [email protected]) written Methods of Administration ("MOA") for subrecipient monitoring with respect to civil rights requirements. In addition, upon request by OJP (or by another authorized federal agency), the recipient must make associated documentation available for review.

The details of the recipient's obligations related to Methods of Administration are posted on the OJP web site at https:// ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm (Award condition: "Methods of Administration" - Requirements applicable to States (FY 2017 Update)), and are incorporated by reference here.

Condition 42
Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.

Condition 43
Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.

Condition 44
Title II Formula Grants Program: Submission of state plan information required for valid award acceptance In order validly to accept this award, the applicant must submit, within 45 days after the date of the award offer, and OJJDP Page: 16 of 18
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must find to be sufficient, the information indicated as missing in the Incomplete State Plan Submission letter from OJJDP, notifying the applicant that its State Plan submission for this fiscal year is incomplete. Once the applicant has submitted the missing information, and OJJDP has found the same to be sufficient, the applicant will be promptly notified that its application is complete, and it may accept this award. Notwithstanding any appearance of a valid award-acceptance in JustGrants, failure to submit the missing information, by the deadline specified, will result in any action by the applicant that purports to accept (or to constitute acceptance of) the award being deemed invalid, and the applicant will be ineligible for this award; in that event, this offer of award will (without further notice) be rescinded. In the event of an invalid award-acceptance, where the applicant subsequently submits the missing information within the deadline specified, and OJJDP has found the same to be sufficient, that award-acceptance will be deemed valid.

Condition 45
Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS").

The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition:

Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.
[X] I have read and understand the information presented in this section of the Federal Award Instrument.

Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant.

B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant’s legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant.

C. Accept this award on behalf of the applicant.

D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.

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Agency Approval
Title of Approving Official
OJJDP Administrator
Name of Approving Official
Elizabeth Ryan
Signed Date And Time
12/5/24 11:09 AM
Authorized Representative
[X] Declaration and Certification
Entity Acceptance
Title of Authorized Entity Official
Deputy Secretary Administrative Services
Name of Authorized Entity Official

SONIA HERRERA
Signed Date And Time
12/13/2024 3:32 PM
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City of Gilroy

STAFF REPORT
Agenda Item Title: Award a Contract to Youth Alliance for $130,105.14 for South County Youth Task Force (SCYTF) School-Based Youth
Services
Meeting Date: December 8, 2025
From: Brad Kilger, Interim City Administrator
Department: Police
Submitted by: Luke Powell, Police Captain
Prepared by: Patricia Vigil, Management Analyst
STRATEGIC PLAN GOALS: Ensure Neighborhood Equity from City Services

RECOMMENDATION

1. Award a contract to Youth Alliance in the amount of $130,105.14 for schoolbased services, Project No. 25-RFP-PD-523 and,

2. Authorize the City Administrator to execute the contract and associated documents.

EXECUTIVE SUMMARY
In January 2012, the City of Gilroy, City of Morgan Hill, Gilroy and Morgan Hill Unified School Districts and the Santa Clara County Board of Supervisors met and created the South County Youth Task Force (SCYTF) to address the effects of violence and gangs on youth and in the community.

Funding is provided through the SCYTF, Cities of Gilroy and Morgan Hill, Gilroy and Morgan Hill School Districts (GUSD and MHUSD), Santa Clara County Library District, Santa Clara County Juvenile Probation Department, the Santa Clara County Neighborhood Safety Unit and Santa Clara County District Attorney’s Office. As the fiscal agent for the South County Youth Task Force, the Police Department manages the funding for the SCYTF. Funding from the District Attorney’s Office, Santa Clara and the Gilroy Unified School District will be used to cover the total amount of this

agreement.

The SCYTF funding has sponsored many programs such as the Restorative Community Circles with GPD, Resident Leadership Development, School-based and Communitybased Youth Restorative Justice, Case Management, Crisis Response, Street Outreach, National Compadres Network Xinachtli/Joven Noble Circles, Late Night Gyms, a Mentorship Boxing Program, After School Programs in both Morgan Hill and Gilroy and training opportunities for the SCYTF body, made up of over 45 different organizations.

BACKGROUND
The South County Youth Task Force (SCYTF) is a regional partnership dedicated to serving, supporting, and uplifting our youth in South Santa Clara County (Morgan Hill, Gilroy, and the unincorporated town of San Martin). This collaboration includes local governments, school districts, community and faith-based organizations, and law enforcement agencies. SCYTF’s work is guided by its Mission and Vision:

Mission: To promote a safe and nurturing community that creates and ensures sustainable access to opportunities, resources, and services for South County youth and their families, while empowering their voice and supporting their growth and success.

Vision: A community that is safe and free of youth violence where young people are strong, thriving and connected to their families, schools, and neighborhoods.

ANALYSIS
The school-based services are offered throughout the Gilroy Community for youth ages 9-17 and young adults ages 18-20 to prevent violence. Services are prioritized for youth who live in opportunity neighborhood with high disparities (e.g., poverty, food insecurity, gang exposure, violence, drugs); are on probation or impacted by gang involvement; and/or fall within the spectrum from At-Promise (At-Risk) to High-Promise (High-Risk) Youth. SCYTF school-based programs offers alternative options for youth to be able to access services and programs in their schools and that are at free cost.

These youth services are part of the South County Project II THRIVE (Transformation and Hope, Resiliency, Integrity, Voice & Engagement) Project, in effort to prevent and reduce juvenile delinquent behaviors, prevent/ reduce recruitment of youth into gangs and prevent/ reduce youth violence in South Santa Clara County per the 2023-2026 SCYTF Strategic Plan.

On September 3, 2025, Request for Proposals (RFP), 25-RFP-PD-523, was published on the City of Gilroy’s website soliciting proposals from Community-Based Organizations (CBOs) to provide professional consulting services for the SCYTF

School-Based Services. A total of three proposals were received.

Proposals were received from three vendors:

1. Pacific Clinics

2. Catholic Charities of Santa Clara County

3. Youth Alliance
A scoring committee reviewed and ranked the proposals received based on the criteria identified in the RFP. Based on the scoring proposals, Youth Alliance was determined to be the most qualified vendor for this assignment due to their understanding and approach to the project, proposed scope of services, qualifications, capacity to provide qualified personnel, and project cost-effectiveness.

ALTERNATIVES
Council could reject the award of contract to Youth Alliance. Staff does not recommend this option as it would mean the SCYTF Strategic Plan to deliver school-based youth services and the continuation of the youth programs will be impacted.

FISCAL IMPACT/FUNDING SOURCE
The proposed agreement with Youth Alliance is for $130,105.14. Funding for this project is provided by the South County Youth Task Force’s contributing agencies, including the District Attorney’s Office, Gilroy Unified School District, and Santa Clara County Library District.

PUBLIC OUTREACH

NEXT STEPS
If approved by Council, the agreement will be executed, and preparations will be made to begin providing services to youth.

Attachments:

1. Youth Alliance- City of Gilroy Agreement School-Based Youth Services 11.10.25

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AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 9th day of December, 2025, between:

CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California
and CONSULTANT: Youth Alliance, having a principal place of business at 310 4th St. Ste 101 Hollister, CA 95023 .

ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on December 9, 2025 and will continue in effect through December 31, 2026 unless terminated in accordance with the provisions of Article 7 of this Agreement.

Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. ______ Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes.

CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S employees, including, without limitation, disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement.

ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit “C” (“Milestone Schedule”).

B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above-described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT’S services.

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C. Employment of Assistants
CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding.

D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT’S services.

ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONSULTANT exceed $130,105.14.

B. Invoices
CONSULTANT shall submit invoices for all services rendered.

C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties.

D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT’S costs of doing business.

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ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY.

B. Workers’ Compensation
CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or death of any of CONSULTANT’S employees.

C. Indemnification of Liability, Duty to Defend

1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.

2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.

D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements

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set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called “extended reporting” or “tail” coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work.

As a condition precedent to CITY’S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms.

E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion.

F. State and Federal Taxes
As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that:
● CITY will not withhold FICA (Social Security) from CONSULTANT’S payments;
● CITY will not make state or federal unemployment insurance contributions on CONSULTANT’S behalf;
● CITY will not withhold state or federal income tax from payment to CONSULTANT;
● CITY will not make disability insurance contributions on behalf of CONSULTANT;
● CITY will not obtain workers’ compensation insurance on behalf of CONSULTANT.

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ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT’S duties under this Agreement.

B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement.

ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant’s Business/ Death of Consultant.

CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’ receipt of such notice of sale.

If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT.

B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following:

1. CONSULTANT’S failure to professionally and/or timely perform any of the services contemplated by this Agreement.

2. CONSULTANT’S breach of any of its representations, warranties or covenants contained in this Agreement.

CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C” which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT’S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY

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may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement.

C. Termination for Failure to Make Agreed-Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY.

D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT’s duties by any new consultant hired by the CITY to complete such services.

ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto.

B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either.

C. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable

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attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation.

E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor.

F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement.

G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.

No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY.

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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California.

I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested.

Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section V.H. but each party may change the address by written notice in accordance with this paragraph.

Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.

J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.

L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.

Executed at Gilroy, California, on the date and year first above written.

CONSULTANT: CITY:

Youth Alliance CITY OF GILROY
By: By:

Name: Eduardo Navarro Name: Brad Kilger
Title: Chief Operating Officer Title: Interim Administrator, City of Gilroy
Social Security or Taxpayer
Identification Number 77-0377245

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Approved as to Form ATTEST:

City Attorney City Clerk

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EXHIBIT “A”

SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign Eduardo Navarro , who will act in the capacity of Project Manager, and who will personally direct such Services.

Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement.

II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written “Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Sandra Cruz, South County Youth Task Force Coordinator shall be the designated City contact person(s).

Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. (“Notices”) of this Exhibit “A”.

B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period.

III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached Exhibit “C”.

IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.

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Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses.

V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT’S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.

Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes.

B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY’S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent performance of any of the services furnished under this Agreement.

C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY’s offices within five (5) business days after CITY’s request.

D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or

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other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY.

E. NO PLEDGING OF CITY’S CREDIT.

Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY.

F. OWNERSHIP OF MATERIAL.

All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit “A”.

CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT.

G. NO THIRD PARTY BENEFICIARY.

This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever.

H. NOTICES.

Notices are to be sent as follows:

CITY: Sandra Cruz, SCYTF Coordinator
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020

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CONSULTANT: Eduardo Navarro, COO
Youth Alliance
310 4th. St. Hollister CA 95023

I. FEDERAL FUNDING REQUIREMENTS.
☐ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply. ☒ If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply.

1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.

2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items.

3. Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

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EXHIBIT “B”

SCOPE OF SERVICES
CONSULTANT Youth Alliance (YA) will coordinate and provide services, outlined and specified in reporting data outlined below, necessary for program evaluation: ie. monthly progress and quarterly financial reporting utilizing Program Activity Report (PAR), Units of Service Workbook (OUS) report and invoicing format; as well as ongoing program improvement, to the City of Gilroy in a timely matter. This program is part of the South County Project II THRIVE (Transformation and Hope, Resiliency, Integrity, Voice & Engagement) Project, in effort to prevent and reduce juvenile delinquent behaviors, prevent/ reduce recruitment of youth into gangs and prevent/ reduce youth violence in South Santa Clara County. Service delivery time frame: December 9, 2025- December 31, 2026.

CONSULTANT Youth Alliance shall complete the following services:

1. Case Management (Life Coaching) and Intervention Support. • A total of 15 unduplicated youth in strategically identified Gilroy Unified District schools, as recommended by GUSD and SCYTF trends. Youth will be referred by GUSD, SCYTF, MDT, and up to 10 youth (duplicated) from Evidence-Based Groups. Total youth to receive Case Management services is 25.
• Youth will receive weekly sessions up to 6 months.
• Maintain a written and/or electronic individualized client file documenting progress, assessments, and services plans.
• Use retrospective surveys to assess effectiveness of services. • Both parties agree to act in good faith to fulfill the intent and obligations of this Agreement. YA’s ability to perform case management services for up to fifteen (15) unduplicated, school-referred youth is expressly contingent upon the timely and appropriate referral of eligible youth by the GUSD, MDT and/or SCYTF.

Youth Alliance shall not be held liable or in breach of this Agreement if, SCYTF in partnership with GUSD and MDT fail to identify, refer, or maintain a sufficient number of eligible youth necessary to meet the referral target. YA agrees to notify the SCYTF Coordinator in writing if they are struggling in meeting their CM numbers at least 6 months before the end of this agreement to work on a collective plan to meet this deliverable. If plan does not work, YA’s obligation shall be deemed satisfied upon the successful enrollment and case management of a minimum of ten (10) youth referred through evidence-based groups or other eligible referral sources, as applicable.

SCYTF agree to exercise due diligence in identifying and referring youth who meet the established criteria for participation. Failure to make such referrals shall not constitute nonperformance or negligence on the part of YA. Each party agrees to communicate promptly and collaboratively to

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address any challenges that may impact referral flow, participant eligibility, or program implementation.

2. Eight (8) Evidence-Based, Culturally Responsive Youth Groups:
• Implement eight (8) evidence-based or life skills youth groups throughout the 12-month contract period (e.g., El Joven Noble, Xinachtli Rights of Passage, Cara Y Corazon; Life Skills Programs, such as Why Try, BOTVIN groups, Restorative Justice based groups, or any other pre-approved curricula (curriculum must be submitted for approval).
• Groups should be distributed over the year in selected Gilroy Unified District schools, as recommended by GUSD and SCYTF (e.g., 4 in the fall/ winter and 4 in the spring/summer). • Each group will serve a minimum of 7 unduplicated youth, with a total of at least 56 unduplicated individuals served across all groups.

3. Outreach, Community Engagement and Intervention Support Services • Provide outreach and intervention supports at identified key schools. • Facilitate at least one (1) Peace/Community Building Circle series at a identified school site. • Conduct Outreach a minimum of two (2) days per week at assigned locations for at least four (4) hours per day. Locations will vary depending on the need.

4. Secondary Crisis Response
• Support identified schools in maintaining a positive, restorative, and safe culture. • Provide crisis response and intervention before, during, or after school, and/or in the community. • Activities may include outreach, restorative circles, one-on-one support, and participation in Multi-Disciplinary Team meetings (MDTs) or youth advocacy sessions. • Crisis Response and Intervention Support can happen before, during or after school, and/ or in the community.

5. Provide Linkage and Referral
• Provide referrals and connections to relevant community and county services and resources as needed.
• Provide linkage to the Community-Based Gilroy Late Night Gym THRIVE Program as needed for identified youth

6. Collaboration and Participation
• Participate in Monthly Technical Team, Multi-Disciplinary Team (MDT) and ad hoc Violence Disruption meetings (as needed).

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• Lead or co-chair at least one (1) Tech Team subcommittees. • Collaborate with the City of Gilroy, GUSD, SCYTF South County Technical Team, and other local partners that have an SCYTF MOU, to advance shared goals of violence prevention, neighborhood safety and restorative practices.

7. Program Evaluation and Reporting
• Serve 71 unduplicated youth across all services using the City-provided Units of Service Workbook.
• Conduct entrance and exit surveys to measure changes in behavior, attitudes, and overall wellbeing. • Submit the following documentation regularly:
• Monthly calendars of programs/ activities
• Sign-in sheets
• Survey results (pre/ post and/or retrospective)
• Narrative and data-driven reports
• Monthly updates to SCYTF Administration and Schools
• Any other requested measurable deliverables

8. Outreach and Branding Support
• Coordinate with the SCYTF Administration Team and Monthly MDTs, for outreach, collaboration, and co-branded activities and materials. • Post all workshops and event flyers pertaining to this work on the SCYTF website. • Work to further the goals and efforts of building a restorative community and preventing and deescalating youth violence and anti-social behaviors in South County • Conduct entrance and exit surveys at the end of services (as they pertain to the strategy) to measure changes in behavior and well-being.
• Submit the following documentation monthly: narrative/reports, calendars, sign-in sheets, Cityprovided units of service workbook and other measurable metrics to prove expected deliverables are met with SCYTF Administration.

9. Must provide a client list (First Initial and Last Initial) that includes the following:
i. Name of youth served;

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ii. Include assigned Probation File Numbers for Youth (if applicable); iii. Date of birth of youth served;
iv. Start date of when youth started receiving services; v. End date of when youth stopped receiving services;
vi. ZIP Code of youth served (if available);
vii. Ethnicity of youth served (if available); and
viii. Hours of service per youth by activity type.

10. Groups: Maintain and submit sign-in sheets monthly to track participation, Monthly Units of Service Reports, and pre/post surveys on the start and end of groups.

11. Participate in contract monitor meetings every other month and attend other necessary meetings and activities and have the flexibility to attend necessary meetings and activities as they arise, which may occur outside of traditional 8:00 a.m. to 5:00 p.m., Monday through Friday work hours.

12. Population to be served: children and young adults (Youth between the ages of 10-24 (any gender or non-binary), who reside or attend school in Gilroy (zip code areas 95020 and 95021) and can fall in one or more of the following categories:
i. At Promise (At-Risk) Youth”: Defined as youth who live in or attend schools in low-socio economic areas, referred to as “Hot Spots” within the first Strategic Plan that exhibit Stability Needs; Potential Harm to Self or Others; Offending Behavior; Trauma History/ Lack of Healthy Coping Abilities and Re-Victimization Risk,
ii. High–Promise (High-Risk) Youth: 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. iii. “Youth who demonstrate to be severely impacted/gang intentional”: Social circle is integrated into intergenerational gang-membership environment and/or affected by intergenerational drug use youth self-identified, and/or are arrested for gang-related incidents or acts of violence through the justice system.

13. Have the needed level of flexibility to attend necessary meetings, including monthly, Technical Team meetings and impromptu climate and crisis meetings; and have ability to work weekends (with 30 day advanced notice) for important or large events and evenings as deemed necessary to carry out successful coordination of project services.

14. Transport of Youth: Transportation can only occur after all necessary insurance(s) have been completed and insurances and waivers meet all necessary insurance guidelines. One-to-one driving

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is not allowed. Consultant and youth in transport must be of the same gender, or there may be another staff member in the car of the opposite gender. This may include City of Gilroy staff. A guardian/parental permission slip must be signed each time a youth enters CONSULTANT'S vehicle. If transportation occurs under life coaching/case management, all intake paperwork must be up to date and the two-to-one ratio must be enforced. Contact of youth and transportation must follow County and City procedures.

15. Locations of services will occur at the identified schools, as deemed appropriate per client need. Contact of client and transportation must follow County and City procedures.

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EXHIBIT “C”

MILESTONE SCHEDULE
Management Plan
Youth Alliance (YA) is uniquely positioned to deliver the THRIVE project scope of work with a proven history of supporting vulnerable youth across South County. For over a decade, YA has partnered with Gilroy Unified School District (GUSD), Morgan Hill Unified School District (MHUSD), and the South County Youth Task Force (SCYTF) to implement culturally responsive and evidence-based programming that addresses youth violence prevention, case management, leadership development, and restorative practices. YA currently serves more than 2,300 youth annually through all its programs and has connected with thousands of youth throughout the years with THRIVE-sponsored groups, demonstrating our capacity to replicate and expand this work with measurable outcomes.

YA has successfully executed programs with similar scopes of work, including case management (life coaching), mentorship, systems navigation, and re-entry planning. Our staff provide individualized support to youth impacted by poverty, food insecurity, violence, substance abuse, and gang involvement. This includes one-on-one life coaching sessions, youth groups, re-entry planning for justice-involved youth, and warm referrals to educational, mental health, housing, and job training resources. In parallel, YA has facilitated evidence-based youth groups such as El Joven Noble, Xinachtli, Cara y Corazón, BOTVIN LifeSkills, Why Try, and Restorative Justice circles. Each of these initiatives has been fully implemented in collaboration with schools, community centers, and law enforcement partners, reinforcing YA’s ability to manage and deliver complex, multi-layered projects.

Timeline of schedule of events is subject to change and may include, but not limited to:

Phase I of the project consists of our OLLIN (Organizing Leaders to Learn, Inform and Nurture) and Xinachtli youth leadership development workshops.
- Weekly Youth Leadership development workshops (12 week session). Our goal is to have 60 unduplicated high-risk, at-promise 9-24 year old participants. - Develop the positive potential/social capital of youth at-risk of substance use into youth leaders with valuable life skills, strong sense of self-worth, and self-empowerment.

Phase II of the project consists of the HEROES (Honorable Educators Respecting, Organizing & Exemplifying Success) youth leadership advocacy group.

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- Participants will be youth who have graduated from our Phase I groups as well as fresh referrals of students who are trending towards leadership roles at the outset.
- 24-week leadership development program which takes on students from Phase I as well as fresh referrals of students who are trending towards leadership roles at the outset. The result is a dynamic peer group designed to foster peer mentorships and facilitate new perspectives and unlikely relationships. Our goal is to have 20 unduplicated high risk, at-promise 9-24 year old participants. - Research issues of substance abuse, assess the nature of problems within their immediate community.

Phase III of the project consists of the LIT (Leaders in Training) and HYPE (Healthy Youth Promoting Education) positive youth development framework. - Drop Zone (Drop-in Center): Ongoing drop in center services at our Gilroy Youth Impact Center, yearly, evening, recreation, art, and positive youth activities aiming to serve a total of 25 unduplicated youth per year. - Leaders in Training (LIT): 12 week session of leadership training and development while also coaching and mentoring OLLIN and Xinachtli groups. LIT will also focus on youth governance models and a community strategy to amplify youth voice.

PROJECT SCHEDULE
(December 2025/January 2026)
● Program Launch and Onboarding
○ Kickoff meetings with SCYTF, GUSD, and partners.

Confirm school sites and finalize referral process.

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○ Staff alignment and refresher trainings (trauma-informed care, RJ, case management). ● Outreach and Engagement
○ Begin 2x weekly school-site outreach (4+ hours each). ○ Relationship-building with students, parents, and staff. ○ Enroll initial case management cohort (8–10 youth).
● Youth Groups (Pilot Launch)
○ Launch 1–2 groups before winter break (smaller scale). ● Deliverables: Activity calendars, enrollment updates, initial survey data, SCYTF updates.

Note: Youth availability decreases in mid-December due to family holiday travel.

Winter 2026 (January – March)
● Case Management Expansion
○ Weekly one-on-one sessions for active caseload.
○ Increase to 15–20 youth enrolled.
● Youth Groups (Core Delivery Phase)
○ Implement 3 evidence-based/life skills groups (10+ youth each). ○ Strongest window for consistent attendance before spring break.

Youth Alliance - SCYTF School-Based Youth Services 25-RFP-PD-523 9 ● Community Building & Crisis Response
○ Facilitate Peace/Community Building Circle series at a selected school site. ○ Provide crisis response as needed, including MDT participation. ● Deliverables: Monthly reports, sign-in sheets, entrance surveys.

Spring 2026 (April – June)
● Case Management Continuation
○ Maintain caseload (up to 24 youth).

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○ Begin re-entry planning for graduating or transitioning youth. ● Youth Groups (Completion of School-Year Cohorts)
○ Run final 2 school-year groups before end of semester. ○ Reach cumulative total of at least 60–70 unduplicated youth served through groups. ● Outreach and Linkage
○ Promote and support connections to Late Night Gym THRIVE program. ○ Ensure continuity of support for graduating youth.
● Deliverables: Monthly reports, survey collection, SCYTF updates.

Note: After mid-June, school access is limited due to summer break and youth travel.

Summer 2026 (July – mid-August)
● Modified Summer Engagement
○ Lighter outreach at parks, libraries, and the Youth Impact Center. ○ Maintain check-ins with active case management youth where possible. ○ Offer 1 flexible summer youth group or workshop (smaller enrollment expected). ● Deliverables: Outreach logs, attendance sheets, survey updates.

Note: Expect reduced attendance due to travel to Latin America and family obligations.

Fall 2026 (September 2026 – December, 2026)
● Final Engagement and Transition Planning
○ Outreach and engagement as school year resumes.
○ Support transition of new referrals into school-based supports or partner services. ○ Focus on continuity rather than starting a new full cohort. ● Wrap-Up and Reporting
○ Conduct exit surveys and retrospective evaluations.
○ Finalize Units of Service workbook, monthly activity calendars, and comprehensive report. ○ Participate in closing SCYTF meetings and subcommittee debriefs.

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● Peak program activity will take place January through May 2026 , when youth are most consistently available.
● Winter and summer breaks will be used for lighter outreach, continuity check-ins, and targeted activities, but not large group launches. ● The contract end date (October 2026) makes it unrealistic to begin a new full cohort in the fall. Instead, YA will focus on continuity of services, transition planning, and preparing youth for linkage to ongoing programs.

Summary of Group Delivery
● Fall 2025: 2 cohort
● Winter 2026: 3 cohorts
● Spring 2026: 3 cohorts
● Summer 2026: 1 cohort (optional/shortened)
Total : 8 confirmed cohorts, 9 if summer is included, allowing flexibility to meet the 8 total required (by running 2 groups simultaneously in fall, winter or spring if needed)

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EXHIBIT “D”

PAYMENT SCHEDULE
EXHIBIT “D”

PAYMENT SCHEDULE
A. Compensation to CONSULTANT Youth Alliance shall be contingent upon successful completion of the services outlined in EXHIBIT B, SCOPE OF SERVICES. A statement of all professional services outlined under this AGREEMENT shall be prepared by CONSULTANT atholic Charities of Santa Clara County and submitted to the City of Gilroy on or before the 10th day of the month, following the billing month, following completion of each of the Services identified in EXHIBIT B. If the services have been completed to the satisfaction of the City of Gilroy, the CITY shall make payment to the CONSULTANT within thirty (30) business days after receipt of the statement and approval thereof.

B. The maximum amount of compensation to be paid to CONSULTANT under this AGREEMENT shall not exceed $130,105.14 CONSULTANT to successfully complete the project within the 12 month period. Reimbursement will be based on work completed, per budget specifications.

C. Any hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. All contract deliverables needed for payment are stated in Exhibit B and include the completion of a monthly invoice, with relevent direct expenses back up, monthly narrative and statistical reporting to show measurement for successful targeted youth intervention, groups and pro-social activities in pre-designated areas.

Quarterly invoicing will include direct expenses for reimbursement, such as allowable overhead and supervision, direct expenses, i.e. cell phone and mileage reimbursement for positions, wages, supplies, training, costs for pro-social activities and healthy food expenses. Any additional direct expenses will not be reimbursed by the CITY.

Quarterly invoices and all back up documentation (monthly calendars, PAR monthly report, staff timesheets, agency invoice, OUS workbook, and Narrative report) will be submitted to the CITY by the 8th day of the next month, as follows or the Friday prior to, if the 8th falls on a weekend, the invoice is due the following Monday, no later than 12:00 PM. An exception will be the last monthly invoice as the City funder requests the final invoice prior to the month's end:

Quarters Invoice Deadline
December 9-31, 2025 January 8, 2026
January 1, 2026- March 31, 2026 April 8, 2026
April 1, 2026-June 30, 2026 June 20, 2026
July 1, 2026-September 30, 2026 October 8, 2026
October 1, 2026- November 4, 2026 December 8, 2026

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December 1- 31, 2026 January 8, 2026
Please allow up to 30 business days between submittal of invoice and confirmed back up verification for the processing of payment. Back up includes but it not limited to any of the following:
timecard for program coordinator, sign in sheets for services and programs sponsored by this agreement, fliers and brochures, pictures for program activities, meeting agendas and notes, and any other documentation related to the any of the diversion program activities. Invoices will be returned if necessary back up is not attached and timing of check processing will be paused.

D. BUDGET - Youth Alliance
Total Program Budget $130,105.14
Youth Alliance
Personnel FTE Rate Annual Salary Total
Case Manager 1.00 $35.50 $73,840.00 $73,840.00
Outreach Specialist 0.25 $26.50 $55,120.00 $13,780.00
Fringe
Fringe Benefits at 27% $23,657.40
Subtotal Personnel $111,277.40
Non Personnel Qty. Unit Price Total
Program
Supplies/Equipment
1 $3,000.00 $3,000.00
Incentives 1 $2,500.00 $2,500.00
Training 1 $1,000.00 $1,000.00
Travel/Mileage 1 $500.00 $500.00
Subtotal Non-Personnel $7,000.00
Direct Costs $118,277.40
Indirect Costs at 10% $11,827.74
TOTAL $130,105.14

City of Gilroy

STAFF REPORT
Agenda Item Title: Approve the Second Amendment to the Agreement with CalWest Lighting & Signal Maintenance, Inc. for Streetlight and Traffic Signal Maintenance Services, and Adopt a Resolution Approving a Budget Amendment for the Signal/ Street Light Maintenance Project (Project No. 800340)
Meeting Date: December 8, 2025
From: Brad Kilger, Interim City Administrator
Department: Public Works
Submitted by: John Doughty, Public Works Director
Prepared by: Nisha Patel, City Engineer
STRATEGIC PLAN GOALS: Maintain and Improve City Infrastructure

RECOMMENDATION

1. Approve the Second Amendment to the Agreement with Cal-West Lighting & Signal Maintenance, Inc. for streetlight and traffic signal maintenance services and authorize the City Administrator to execute related documents; and

2. Adopt a budget amendment resolution to appropriate $215,000 from the VRF Fund (220) for the annual Signal/Streetlight Maintenance Project (Project No. 800340).

EXECUTIVE SUMMARY
The Public Works Department (Department) oversees the operation and maintenance of the City’s streetlights, traffic signals, USA dig alert markings, on-call repair services, and other related tasks. The Department does not have internal staff with qualifications to handle the technical tasks nor the equipment necessary. As such, the City utilizes Cal-West Lighting & Signal Maintenance, Inc. (Cal-West), a firm with the specialized qualifications and equipment to complete this critical work. Cal-West provides similar services throughout the Bay Area and has been very responsive to the City with technicians residing in the vicinity of Gilroy.

The approved Fiscal Year 2026 (FY26) contract amount for Cal-West services is

$354,476. Due to an unusually high number of unanticipated equipment failures, traffic accident-related repairs, and unanticipated SeeClickFix-related service requests during the first half of the fiscal year, the contract amount for FY26 is insufficient to cover costs known and anticipated for the remainder of FY26.

Staff is seeking approval of a budget amendment in the amount of $215,000.00 to cover anticipated (and some unanticipated) costs during the remainder of the fiscal year. The repairs are critical to maintaining the City's traffic operation and maintenance of the City’s streetlights, traffic signals, USA dig alert markings, on-call repair services, and other related tasks.

The approved Fiscal Year 2026 budget for the Signal/ Streetlight Maintenance Project (Project No. 800340) is $355,000. A $215,000 budget amendment is needed to fund the contract amendment with Cal-West.

BACKGROUND
The City Council awarded a three-year contract to Cal-West on June 17, 2024. The scope of work included routine maintenance and repairs of the City’s streetlights and traffic signals, and responding to calls for USA dig alert markings. The total contract amount for three years was $1,064,272.
• FY25: $337,596
• FY26: $354,476
• FY27: $372,200
• Total: $1,064,272
On July 28, 2025, the Fiscal Year 2025 contract budget was amended by $77,196.31 for a total FY25 budget of $414,792.31. The equipment covered with the Cal-West agreement includes thirty-three (33) City-owned traffic signal systems, eleven (11) Caltrans - owned traffic signal systems, eleven (11) Rectangular Rapid Flashing Beacon (RRFB) crosswalks, two (2) pedestrian hybrid beacons, four (4) solar-powered speed limit radar signs, one (1) red flashing beacon, seventeen (17) yellow flashing beacons, and more than 4,847 streetlights. The traffic signal and streetlight systems require regular maintenance to ensure optimal performance and safety.

The on-call repair services can include clearing, securing, assessing, repairing, and replacing equipment damaged by vehicle collisions (such as traffic signal poles, foundations, controller cabinets, streetlights, etc.) and replacing stolen wires.

This contract also allows the City to utilize the contractor for the Underground Service Alert (USA) program. This program requires the property owner or operator (i.e., the City) to mark all underground utilities such as traffic loops, electrical conduits, and traffic signal and streetlight systems before any third-party excavations. This service is essential and mandatory.

While the cost of scheduled maintenance is relatively predictable, the on-call repair services due to traffic collisions, power outages, and theft vary in type and frequency from month to month. The addition of the SeeClickFix module to Gilroy Connect in March also contributed to more on-call service demands.

ANALYSIS
Due to an unusually high number of incidents from car accidents requiring repairs and failure of equipment nearing its useful life during FY26, and feedback from Cal-West that additional equipment is expected to fail sooner than originally estimated, the contract amount of $354,476 for FY26 is not enough to cover the costs anticipated to be incurred in FY26. An additional $215,000.00 is needed for the contract in FY26 to make repairs and replacements.

The proposed amendment to add $215,000.00 to the contract for FY26 will ensure the City can continue to provide critical services for the operation and maintenance of the City’s streetlights, traffic signals, USA dig alert markings, on-call repair services, and other related tasks. The City does seek reimbursement for damages caused by vehicle accidents from drivers and their insurers. With the amendment to the contract, the total cost of the amended three-year contract with Cal-West will increase from $1,141,486.31 to $1,356,486.31. The existing contract with Cal-West is paid for out of the Signal/ Streetlight Maintenance Project, which is funded by the Gas Taxes Fund. A budget amendment of $215,000 is required to fund the second amendment to the contract with Cal-West, and it is recommended to be appropriated from the Vehicle Registration Fee (VRF) Fund (220).

ALTERNATIVES
Council may choose not to approve the amendment. Staff does not recommend this option.

FISCAL IMPACT/FUNDING SOURCE
The second amendment to the agreement will increase the total not-to-exceed compensation to Cal-West by $215,000 from $1,141,486 to $1,356,486. The existing agreement for Streetlight and Traffic Signal Maintenance is funded by the Gas Taxes Fund (205). Council adopted the FY26 and FY27 budgets on June 2, 2025. Staff recommends appropriating an additional $215,000.00 from the VRF Fund (220) to the Signal/ Streetlight Maintenance Project (Project No. 800340) for the second amendment to the agreement with Cal-West. Gas Tax Funds in FY26 and FY27 are already committed for other projects and expenditures. There is sufficient fund balance available in Fund 220 to cover the budget amendment. This amendment will not utilize or impact the City's General Fund.

PUBLIC OUTREACH
N/A

NEXT STEPS
Upon City Council’s approval, staff will execute the second amendment to the agreement with Cal-West.

Attachments:

1. Resolution

2. Second Amendment Cal-West Lighting and Signal Maintenance

RESOLUTION 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GILROY TO APPROVE A BUDGET AMENDMENT FOR THE

SIGNAL/ STREET LIGHT MAINTENANCE PROJECT
(PROJECT NO. 800340) AND APPROVE A SECOND

AMENDMENT TO THE AGREEMENT FOR SERVICES WITH
CAL-WEST LIGHTING & SIGNAL MAINTENANCE, INC.

WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2025-2026 and 2026-2027, and the City Council carefully examined, considered, and adopted the same on June 2, 2025; and
WHEREAS, City Staff has prepared and submitted to the City Council a proposed amendment to said budget for Fiscal Year 2025-2026 for the City of Gilroy in the staff report dated December 8, 2025; and
WHEREAS, City Staff has prepared a Second Amendment to the Agreement for Services with Cal-West Lighting & Signal Maintenance, Inc. for Streetlight and Traffic Signal Maintenance Services, City Project No. 800340.

NOW, THEREFORE, BE IT RESOLVED THAT the appropriations for Fiscal Year 2025-2026 for the Vehicle Registration Fee Fund 220 shall be increased by $215,000 for Fiscal Year 2025-2026.

PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the 8th day of December 2025 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Greg Bozzo, Mayor
ATTEST:
_______________________
Kim Mancera, City Clerk

-1-
4845-8215-5540v1
MDOLINGER\04706083

SECOND AMENDMENT TO AGREEMENT FOR SERVICES WITH
CAL-WEST LIGHTING & SIGNAL MAINTENANCE, INC.

FOR STREETLIGHT AND TRAFFIC SIGNAL MAINTENANCE
WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Cal-West Lighting & Signal Maintenance, Inc. entered into that certain agreement entitled Agreement for Services for Traffic Signal and Streetlight Maintenance, effective on 7/1/2024, hereinafter referred to as “Original Agreement”; and
WHEREAS, City and Cal-West Lighting & Signal Maintenance, Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement.

NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

1. Article 4, Section A (Consideration) of the Original Agreement shall be amended to read as follows: In consideration for the services to be performed by CONSTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in EXHIBIT “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONTRACTOR exceed $1,356,468.31 (three-year contract).

3. This Amendment shall be effective on 1/1/2026

4. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control.

5. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.

CITY OF GILROY CAL-WEST LIGHTING & SIGNAL
MAINTENANCE, INC.

By: By:
[signature] [signature]
Brad Kilger Craig H. Geis, Jr
[employee name] [name]
Interim City Administrator President
[title/department] [title]
Date: Date:

Approved as to Form ATTEST:

City Attorney City Clerk

City of Gilroy

STAFF REPORT
Agenda Item Title: Receive Report Regarding Upcoming 2026 Commission Vacancies per Maddy Act
Meeting Date: December 8, 2025
From: Kim Mancera, City Clerk
Department: Administration
Submitted by: Kim Mancera, City Clerk
Prepared by: Kim Mancera, City Clerk
STRATEGIC PLAN GOALS:

RECOMMENDATION
Accept report.

EXECUTIVE SUMMARY

BACKGROUND
California Government Code Section 54972 (Maddy Act) requires that on or before December 31 of each year, each legislative body shall prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency. This list is compiled by the City Clerk and is posted on the City’s website and outside of City Hall Chambers.

ANALYSIS
Staff is bringing this forward to highlight the 24 open positions, including current vacant positions, on our Boards, Commissions, and Committees effective December 31, 2025.

Recruitment for these positions is in progress and appointments are scheduled to be made on January 26, 2026. Additionally, the 2026 Maddy Act is included for those terms

that will end December 31, 2025.

Boards, Committees, and Commissions advise City Council on specific policy issues and provide a conduit for community input on issues pertaining to Gilroy. Serving on a Board, Committee, or Commission offers an opportunity for residents to be involved in the Gilroy Community and contribute to the public process. Information pertaining to each Board, Commission, or Committee can be found on the City’s Boards, Commissions, and Committees web page.

ALTERNATIVES
Not Applicable.

FISCAL IMPACT/FUNDING SOURCE
None. The task is accommodated within existing resources and is an annual workplan within the City Clerk's office, which is funded by the General Fund.

PUBLIC OUTREACH
This report serves to inform the public of the upcoming board, commission, and committee vacancies.

NEXT STEPS
Attachments:

1. Maddy Act Terms Ending 2026

Published per California GC Section 54970 | Updated October 17, 2024

LOCAL APPOINTMENTS LIST OF BOARD / COMMISSION
TERMS EXPIRING IN 2026
NECESSARY QUALIFICATIONS FOR ALL BOARDS AND COMMISSIONS:

Must be a qualified registered Elector of the City of Gilroy (except Youth Commission) PROPOSED APPOINTMENT DATE FOR TERMS EXPIRING December 31, 2026:

January 2026 (except for Youth Commission, June and September 2026) ARTS AND CULTURE COMMISSION | 4-Year Terms
Seven (7) Member Body Commission. Regular Meetings are held 2 nd Tuesday of each month at 6:30 p.m.

Commissioner Term Start Term Expires
N/A
BUILDING BOARD OF APPEALS | 4-Year Terms
Five (5) Member Body Board. Regular Meetings are held when necessary. The Board comprises four persons qualified by experience and training, and one public member.

N/A
LIBRARY COMMISSION | 4-Year Terms
Five (5) Member Commission. Regular Meetings are held on the 2 nd Wednesday of each month at 7:00 p.m.

Commissioner Term Start Term Expires
N/A
OPEN GOVERNMENT COMMISSION | 4-Year Terms
Five (5) Member Commission. Regular Meetings are held quarterly on the second Thursday of each year at 6:00 p.m.

Commissioner Term Start Term Expires
N/A
PARKS AND RECREATION COMMISSION | 4-Year Terms
Seven (7) Member Commission. Regular Meetings are held on the 3 rd Tuesday of each month at 6:00 p.m.

Commissioner Term Start Term Expires
N/A
PERSONNEL COMMISSION | 4-Year Terms
Five (5) Member Commission. Regular Meetings are held on the 4 th Monday of each month at 5:30 p.m.

Commissioner Term Start Term Expires
N/A
PHYSICALLY CHALLENGED BOARD OF APPEALS | 4-Year Terms
Five (5) Member Board. Regular Meetings are held when necessary at 10:00 a.m.

Board Member Term Start Term Expires
N/A
PLANNING COMMISSION | 4-Year Terms
Seven (7) Member Commission. Regular Meetings are held on the 1st Thursday of each month at 6:00 p.m.

Commissioner Term Start Term Expires
N/A
YOUTH COMMISSION | 2-Year Terms
11-Member Commission. Regular Meetings are held on the 2nd Monday of each month of the school year at 6:00 p.m.

Commissioner Term Start Term Expires
Jacob Ortega 08/19/2024 09/30/2026
Anna Nguyen 08/19/2024 09/30/2026
Thanmay Sarath 09/01/2024 06/30/2026
Benedict Pham 08/04/2025 06/30/2026
Maya Sanchez 08/04/2025 06/30/2026

City of Gilroy

STAFF REPORT
Agenda Item Title: Authorization for Council Member Travel to the League of California Cities 2026 Mayors and Council Members Academy Meeting Date: December 8, 2025
From: Brad Kilger, Interim City Administrator
Department: Administration
Submitted by: Kim Mancera, City Clerk
Prepared by: Kim Mancera, City Clerk
STRATEGIC PLAN GOALS: Not Applicable

RECOMMENDATION
Council approve the travel of Council Member Ramirez to attend the 2026 Mayors and Council Members Academy.

EXECUTIVE SUMMARY

BACKGROUND
The League of California Cities provides a training after each election for new mayors and council members to attend to learn critical knowledge about the roles, responsibilities, authorities and limitations of being a member of a city council. In 2026, the academy will be held in Sacramento.

ANALYSIS
The 2026 Mayors and Council Members Academy sessions run from January 21-23 in Sacramento. Staff has secured registration for Council Member Ramirez in the Sacramento session. Pursuant to the Travel Policy adopted by the City Council, the travel of any member of the City Council must be approved by the Council.

Estimated costs for Council Member attendance of the academy include the following:
• Event registration- $675
• Hotel reservation – $550
• Travel
o Sacramento – Mileage Reimbursement – $205.80 (294 miles at the IRS mileage rate of $0.70 per mile)
• Per Diem – $232 (per the U.S. General Services Administration rate for Sacramento)
The total estimated cost will be $1,665.

ALTERNATIVES
Council may approve or reject the travel request. Staff recommends approval, as this training will provide information that will be essential in the performance of City Council duties.

FISCAL IMPACT/FUNDING SOURCE
The estimated cost for one Councilmember to attend the Academy is $1,665. The Fiscal Year 2026 adopted budget has sufficient General Fund appropriations for professional development to accommodate this expenditure; thus, no budget action by the Council is required.

PUBLIC OUTREACH
This item was included on the publicly posted agenda for this meeting.

NEXT STEPS
If approved, staff will complete any pending reservations and per diem payments for the travel and training.

Attachments:

None

City of Gilroy

STAFF REPORT
Agenda Item Title: Adopt an Ordinance to Amend Board and Commission Terms and Appointment Process
Meeting Date: December 8, 2025
From: Brad Kilger, Interim City Administrator
Department: Administration
Submitted by: Kim Mancera, City Clerk
Prepared by: Kim Mancera, City Clerk
STRATEGIC PLAN GOALS:

RECOMMENDATION
Adopt an ordinance of the City Council of the City of Gilroy amending the terms of service for City Boards and Commissions to align expirations and recruitments with oddnumbered years.

EXECUTIVE SUMMARY
This adjustment would improve administrative efficiency, simplify scheduling for interviews and appointments, and align future recruitment activities with non-election years, allowing for a more consistent outreach and appointment process.

BACKGROUND
On November 17, 2025, the City Council approved the introduction of the proposed ordinance by a vote of 6-0-1 (one absent).

The City of Gilroy relies on several Boards and Commissions to provide recommendations and community input on a wide range of policy areas. These advisory bodies are essential in supporting the City Council’s decision-making process and fostering public participation in local government.

The City of Gilroy conducts annual recruitments to fill vacancies on its Boards and

Commissions. Currently, member terms are staggered between even and odd years, resulting in yearly recruitment and appointment cycles. While this structure has provided continuity, it has also created challenges in administering all recruitment cycles in consecutive years, particularly during election years when staff resources are heavily focused on Council transitions, onboarding, and other end-of-year legislative requirements.

ANALYSIS
The City Council is now being asked to adopt the proposed amendment to the Board and Commission terms and appointment process ordinance previously discussed at the November 17, 2025, City Council meeting. Once adopted, the ordinance will take effect thirty (30) days from the date of adoption, or January 7, 2026.

ALTERNATIVES
The Council may choose not to adopt the ordinance. This is not recommended as the Council has provided direction to staff. If the Council decides to amend the proposed ordinance, staff will provide a revised version.

FISCAL IMPACT/FUNDING SOURCE
There is no new fiscal impact to adopting the ordinance, and the effort to prepare this report was accommodated within existing resources and budgetary appropriations.

PUBLIC OUTREACH

NEXT STEPS
The City Clerk will update all records and recruitment materials accordingly.

Attachments:

1. Proposed Ordinance Board and Commission Recruitements

ORDINANCE NO. 2025-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF GILROY AMENDING THE TERMS OF SERVICE FOR

CITY BOARDS AND COMMISSIONS TO ALIGN
EXPIRATIONS AND RECRUITMENTS WITH ODDNUMBERED YEARS
WHEREAS, the City of Gilroy appoints members to various boards and commissions whose terms of service have historically been set to expire on December 31 every year; and WHEREAS, Commission recruitments are currently held annually between October and January; and
WHEREAS, City staff has identified that aligning all board and commission term expirations and recruitment cycles to occur in odd-numbered years so as not to coincide with the general municipal elections to promote greater public participation and improve operational efficiencies in the commissioner appointment process; and WHEREAS, adjusting the current terms of office by extending all board and commission terms that expire on December 31 of an even-numbered year by one (1) year will allow for a smooth transition to a consistent schedule where all terms expire on December 31 of oddnumbered years; and WHEREAS, in an effort to stagger the appointments on the Personnel Commission the City Council desires extending terms for the two (2) Personnel Commissioners currently set to expire on December 31, 2025, by two (2) years, to expire December 31, 2027, which will allow the commission to maintain a quorum and even out commissioner expiring terms for two (2) to expire in 2027 and three (3) to expire in 2029; and
WHEREAS, to ensure a balanced mix of experienced and newly appointed members, staff recommends extending terms for one (1) Library Commissioner currently set to expire on December 31, 2025, by two (2) years, to expire December 31, 2027; and WHEREAS, this adjustment is administrative in nature and does not affect the rights or responsibilities of any appointed board or commission member, but instead promotes efficiency and consistency in City operations; and
WHEREAS, this change provides the following benefits:

1. Administrative Efficiency: Conducting board and commission recruitments in oddnumbered years avoids overlapping with City Council elections, reducing staff workload and scheduling conflicts.

Ordinance No. 2025-XX
Boards and Commission Terms
City Council Regular Meeting | November 3, 2025

2. Improved Recruitment Participation: Community members are more likely to engage in recruitment processes when not coinciding with election season and related civic activities.

3. Consistency and Transparency: A uniform expiration cycle across all boards and commissions simplifies public communication, appointment planning, and recordkeeping.

4. Administrative Efficiency: Conducting board and commission recruitments in oddnumbered years avoids overlapping with City Council elections, reducing staff workload and scheduling conflicts.

5. Improved Recruitment Participation: Community members are more likely to engage in recruitment processes when not coinciding with election season and related civic activities.

6. Consistency and Transparency: A uniform expiration cycle across all boards and commissions simplifies public communication, appointment planning, and recordkeeping.

7. Operational Continuity: Extending current terms by one year and ensuring timely vacancy recruitment prevents service interruptions and preserves institutional knowledge.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:

Section 1. Term Extension. All City of Gilroy board and commission member terms that are currently set to expire on December 31 of an even-numbered year shall be extended by one (1) year, with new expiration dates of December 31 of the following odd-numbered year.

Section 2. Alignment of Future Terms. All future board and commission appointments, reappointments, and term expirations shall occur on December 31 of odd-numbered years, beginning with the transition created by Section 1 of this Ordinance.

Section 3. Vacancies and Recruitment. Should a board or commission position become vacant at any time prior to the end of the appointed term, City staff shall conduct a recruitment process to fill the vacancy in accordance with established City procedures.

Any individual appointed to fill a vacancy shall serve for the remainder of the unexpired term, maintaining alignment with the overall schedule of term expirations on December 31 of oddnumbered years.

Section 4. Youth Commission Exception. The Youth Commission shall remain on its existing term cycle. Current Youth Commission member terms, which expire annually in June, shall not be extended and will continue to follow their established schedule.

Recruitments for the Youth Commission shall continue to be conducted as scheduled each spring in accordance with current practices.

Ordinance No. 2025-XX
Boards and Commission Terms
City Council Regular Meeting | November 3, 2025

Section 5. Implementation. The City Clerk is hereby directed to update all official records, term lists, and recruitment materials to reflect the adjusted expiration dates, new vacancy procedures, and future odd-year recruitment cycle.

Section 6. Severability. If any section, sub-section, clause or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected.

Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

PASSED AND ADOPTED this __ day of ____, 2025 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Greg Bozzo, Mayor
ATTEST:
___________________________
Kim Mancera, City Clerk

Ordinance No. 2025-XX
Boards and Commission Terms
City Council Regular Meeting | November 3, 2025

CERTIFICATE OF THE CLERK
I, KIM MANCERA, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2025-XX is an original ordinance, or true and correct copy of a City Ordinance, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said Council held on Monday, _____, 2025, with a quorum present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Date.
____________________________________
Kim Mancera
City Clerk of the City of Gilroy
(Seal)

City of Gilroy

STAFF REPORT
Agenda Item Title: Authorize the Surplus of Sixteen Vehicles/Equipment and Authorize the Disposal of the Surplus by Auction
Meeting Date: December 8, 2025
From: Brad Kilger, Interim City Administrator
Department: Administrative Services
Submitted by: LeeAnn McPhillips, Assistant City Administrator/HR Director Prepared by: Walter Dunckel, Fleet and Facilities Superintendent, LeeAnn McPhillips, Assistant City Administrator/HR Director
STRATEGIC PLAN GOALS: Not Applicable

RECOMMENDATION
Authorize the surplus of sixteen vehicles and equipment and authorize the disposal of the surplus through auction.

EXECUTIVE SUMMARY
Through recent vehicle and equipment replacements, the City has built up a surplus of vehicles and some equipment that are well past their useful life. Since they no longer serve a purpose for the City, it is appropriate to dispose of them through auction, which yields a small return to the Fleet Fund.

BACKGROUND
Under Gilroy City Code Section 2.43(c)(6), the sale of personal property with an estimated value in excess of $10,000 shall require the approval of the City Council prior to sale. The Fleet Division has identified a list of 16 vehicles and equipment (“vehicles”) recommended for disposition. The list is attached to this staff report. The 16 vehicles include a Caterpillar loader, equipment not typically considered a vehicle. The vehicles and equipment have reached the end of their useful life and have either been replaced or deemed unnecessary for current operations. Using the previous auction sales results for similar vehicles, Fleet estimates the total value of these vehicles and equipment to

be $48,300. Once approved, as with prior vehicle surpluses, Fleet will coordinate with our contracted auction company to dispose of the vehicles.

ANALYSIS
n/a

ALTERNATIVES
Council may:

1. Declare the vehicles as surplus and authorize staff to dispose of them through auction. Recommended. The auction process is the most cost-effective and efficient method available at this time, and the vehicles are outdated and of limited/no usability for City purposes.

2. Chose not to declare the vehicles as surplus. Not recommended. This would cause an accumulation of vehicles to occupy needed space at the Fleet facility or other City storage areas. Additionally, a delay in disposing of these assets will reduce the potential recovery of value as revenue from their sale.

3. Choose to surplus the items, but not authorize disposal through auction. Not recommended. While the City could place the vehicles for sale through direct purchase, the benefit would be limited by the staff time required to manage the sale of each individual vehicle, as well as the cost of advertising each vehicle.

FISCAL IMPACT/FUNDING SOURCE
Fleet estimates the value of the surplus to be $48,300. An undetermined portion of this amount will return to the City as revenue for the Fleet Fund. Due to the nature of auction dispositions, the amount of revenue will not be known until the assets are sold.

PUBLIC OUTREACH
n/a

NEXT STEPS
The next step is to notify our contracted auction company, to transport the vehicles and equipment for auction. All equipment has already been removed from the vehicles. This will clear needed space for other vehicles and equipment, eliminating a stockpile of unsightly vehicles.

Attachments:

1. Surplus Vehicle List Final 12.8.25 agenda item

Surplus Vehicle and Equipment List
Vehicle Number Vehicle Type Year Odometer VIN Est Value 4601 Caterpillar Loader 1978 2,829 Hours 62K9473 $3,500 3001 Isuzu Box truck 1989 84,011 J8DB4B1H4H8300343 $2,500 2003 Chevy Silverado 3500 utility 2000 186,703 1GBGC34RXYR230995 $2,900 2006 Chevrolet Silverado 2500 4x4 2000 84,381 1GCHK24U31E261309 $3,000 2010 Pointiac Montana MiniVan 2000 62,158 1GMDX03E2YD279293 $2,400 2104 Chevrolet Silverado 1500 2001 216,843 1GCEK19T01E135695 $2,500 1220 Chevrolet Camaro Z28 2002 84,381 2G1FP22G922144362 $6,000 2205 Chevy Blazer 2002 56,630 1GNDT13W42K200392 $2,400
2302 Chevy Tahoe 2003 114,475 1GNEK13T53J178732 $2,700
2409 GM Van 2003 104,129 1GNDM19X54B102892 $2,500
3208 International Dump Truck 4400 2003 48,764 1HTMKAAR63H597064 $8,000 1505 Toyota Prius 2005 52,347 JTDKB20U853113976 $3,000
2706 Ford Freestar Minivan 2007 72,987 2FMZA51237BA24993 $2,000 2815 Chevrolet Tahoe 2008 119,704 1GNFK03058R252454 $3,000 1901 Nissan Altima (Totaled in accident) 2009 163,753 1N4BL21E89C125576 $1,000 2925 Ford Explorer (Totaled in accident, parts salvaged) 2019 31,141 1FM5K8AR5KGB23603 $900 Total Estimated Value $48,300

City of Gilroy

STAFF REPORT
Agenda Item Title: Claim of Antonio Garcia (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute denial of the claim)
Meeting Date: December 8, 2025
From: Brad Kilger, Interim City Administrator
Department: Administrative Services
Submitted by: LeeAnn McPhillips, Assistant City Administrator/HR Director Prepared by: LeeAnn McPhillips, Assistant City Administrator/HR Director STRATEGIC PLAN GOALS: Not Applicable

RECOMMENDATION
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection.

EXECUTIVE SUMMARY
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the December 8, 2025 meeting:
• Claim of Antonio Garcia

BACKGROUND
n/a

ANALYSIS
n/a

ALTERNATIVES

n/a

FISCAL IMPACT/FUNDING SOURCE
n/a

PUBLIC OUTREACH
n/a

NEXT STEPS
n/a
Attachments:

1. Claim of Antonio Garcia for 12.8.25 agenda packet

City of Gilroy

STAFF REPORT
Agenda Item Title: Claim of Stephanie Moretto (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute denial of the claim)
Meeting Date: December 8, 2025
From: Brad Kilger, Interim City Administrator
Department: Administrative Services
Submitted by: LeeAnn McPhillips, Assistant City Administrator/HR Director Prepared by: LeeAnn McPhillips, Assistant City Administrator/HR Director STRATEGIC PLAN GOALS: Not Applicable

RECOMMENDATION
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection.

EXECUTIVE SUMMARY
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the December 8, 2025 meeting:
• Claim of Stephanie Moretto

BACKGROUND
n/a

ANALYSIS
n/a

ALTERNATIVES

n/a

FISCAL IMPACT/FUNDING SOURCE
n/a

PUBLIC OUTREACH
n/a

NEXT STEPS
n/a
Attachments:

1. Claim of Stephanie Moretto for 12.8.25 agenda packet

City of Gilroy

STAFF REPORT
Agenda Item Title: Claim of Jeff Scherck (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute
denial of the claim)
Meeting Date: December 8, 2025
From: Brad Kilger, Interim City Administrator
Department: Administrative Services
Submitted by: LeeAnn McPhillips, Assistant City Administrator/HR Director Prepared by: LeeAnn McPhillips, Assistant City Administrator/HR Director STRATEGIC PLAN GOALS: Not Applicable

RECOMMENDATION
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection.

EXECUTIVE SUMMARY
Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the December 8, 2025 meeting:
• Claim of Jeff Scherck

BACKGROUND
n/a

ANALYSIS
n/a

ALTERNATIVES

n/a

FISCAL IMPACT/FUNDING SOURCE
n/a

PUBLIC OUTREACH
n/a

NEXT STEPS
n/a
Attachments:

1. Claim of Jeff Scherck for 12.8.25 agenda packet

City of Gilroy

STAFF REPORT
Agenda Item Title: Consider Extending the Urgency Interim Ordinance Prohibiting the Issuance of Tobacco Retailer Permits for a Period of Ten (10) Months and Fifteen (15) Days within the Downtown Specific Plan Area
Meeting Date: December 8, 2025
From: Brad Kilger, Interim City Administrator
Department: Community Development
Submitted by: Sharon Goei, Community Development Director Prepared by: Michael Fossati, Planning Manager
STRATEGIC PLAN GOALS: Not Applicable

RECOMMENDATION

1. Determine this action is exempt from environmental review under California Environmental Quality Act (CEQA) pursuant to Section 15262, Section 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines: and

2. Adopt an extension of the Urgency Interim Ordinance established to prohibit the issuance or approval of any new Tobacco Retailer Permit for an additional ten (10) months and fifteen (15) days within the Gilroy Downtown Specific Plan Area.

3. Review, approve and issue the 10-day report as required by Government Code Section 65858(d) for the extension of the temporary moratorium.

EXECUTIVE SUMMARY
The City Council approved an urgency interim ordinance prohibiting new tobacco retailer permits in the Downtown Specific Plan Area for 45 days. Staff recommends extending the moratorium to allow time to develop additional regulations, such as defining “smoke shop” in the City of Gilroy zoning code and determining suitable locations for such a land use. These changes require further study and public hearings

with the Planning Commission and City Council, which cannot be completed before the current ordinance expires on December 17, 2025.

This action would extend the expiration date to November 1, 2026. Staff plans to return to the City Council with a comprehensive zoning code update in 2026, allowing time to address the issue and process the necessary code amendments for tobacco retailer operations.

BACKGROUND
On October 20, 2025, staff was asked to place on the November 3 meeting agenda for City Council consideration an urgency interim ordinance to prohibit new smoke shops in the downtown area. Since the City of Gilroy does not define “smoke shops” within its current zoning code, staff prepared an ordinance prohibiting the issuance of tobacco retailer permits for businesses within the Downtown Specific Plan Area for review.

On November 3, 2025, the City Council voted unanimously to adopt Ordinance No. 2025-08, an urgency interim ordinance of the City of Gilroy prohibiting the issuance of tobacco retailer permits for a period not to exceed forty-five (45) days within the Gilroy Downtown Specific Plan area. The current 45-day temporary moratorium expires on December 17, 2025.

ANALYSIS
California Government Code Section 65858 permits cities to adopt urgency interim ordinances that temporarily prohibit certain uses, such as new tobacco retailer permits, to protect public safety, health, and welfare during the review of proposed general plans, specific plans, or zoning changes. This ability was exercised by the City of Gilroy when Ordinance 2025-08 was adopted in early November 2025.

Pursuant to Government Code Section 65858(d), the City must issue a written report (10-day Report) at least 10 days before the original 45-day temporary moratorium expires. The 10-day Report will outline actions taken to address the conditions that prompted the urgency ordinance. Staff has included the required 10-day Report as Attachment 2 of this staff report, and has issued the report on December 5, 2025 on the City’s website, meeting the minimum 10-day requirement prior to December 17, 2025.

During the creation of the 10-day Report, staff identified several issues that require attention before drafting a more permanent zoning amendment to limit or prohibit smoke shops in the City. Key actions include addressing licensing enforcement, forming a team to evaluate appropriate locations for the type of use, reviewing best practices from other cities, analyzing police data for crime patterns, and compiling lists of current tobacco retailers in comparison to population density. The report recommends extending the

moratorium to allow time to plan for adequate staffing, public outreach, further study of successful practices in monitoring tobacco retailers, and the development of appropriate zoning code and land use amendments. Plans include public hearings and opportunities for community input on the urgency ordinance extension to ensure due process and transparency. Staff recommends that the City Council extend the moratorium to support comprehensive solutions that protect public health and welfare within the downtown area.

ALTERNATIVES
Allow the urgency interim ordinance for the Downtown Specific Plan Area to expire and resume processing new tobacco retailer permit applications under current City regulations.

FISCAL IMPACT/FUNDING SOURCE
Implementing new zoning regulations and drafting ordinances require staff time and resources. These activities are usually funded by the City’s General Fund. If the urgency ordinance on tobacco retailers is enacted, it will not affect existing tobacco retailers or the sales tax revenues generated from tobacco sales.

PUBLIC OUTREACH
The notice for the City Council meeting was published in the Gilroy Dispatch. Public hearing packets with this staff report are available on the City’s website for viewing.

NEXT STEPS
If approved, the new ordinance will go into effect immediately. It will have the effect of extending Ordinance 2025-08 by 10 months and 15 days, lasting until November 1, 2026. This time extension will provide the Community Development Department and our internal partners with adequate time to incorporate concerns and best practices regarding tobacco retailer uses within the comprehensive zoning update.

Attachments:

1. Proposed Extension of Urgency Interim Ordinance

2. 10-day Report

Attachment 1
ORDINANCE NO. 2025-XX

AN EXTENSION OF AN URGENCY INTERIM ORDINANCE OF THE CITY OF

GILROY PROHIBITING THE ISSUANCE OF TOBACCO RETAILER PERMITS FOR A PERIOD NOT TO EXCEED TEN (10) MONTHS AND FIFTEEN (15) DAYS WITHIN

THE GILROY DOWNTOWN SPECIFIC PLAN AREA
WHEREAS, the City of Gilroy (“City”) is a municipal corporation duly organized as a Charter City under the California Constitution and laws of the State of California; and
WHEREAS, the City Council has broad discretion pursuant the California Constitution Article XI, Section 5, and the general laws of the state, including, but not limited to, the California Planning and Zoning Law (Gov. Code section 65000 et seq.) to legislate for public purposes and for the general welfare, including, but not limited to, matters of public health and safety; and
WHEREAS, California Government Code Section 65858 sets forth procedures for the adoption of an urgency interim ordinance to prohibit the approval of applications for additional subdivisions, use permits, variances, building permits, and other applicable entitlements for uses that may be in conflict with a contemplated specific plan or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study; and WHEREAS, on November 7, 2005, the City adopted the Gilroy Downtown Specific Plan, which serves as the regulatory and design framework to guide redevelopment and revitalization of downtown Gilroy over a 20-year period, focusing on mixed-use development, economic vitality, walkability, and community cohesion, and are regulated within the Article XIV of the Gilroy Municipal Code titled “Downtown Specific Plan Districts” (Ord. No. 2019-08; Gilroy Code Section 30.14 et seq.); and WHEREAS, Section V of the City of Gilroy Downtown Specific Plan holds a vision to serve as a primary retail and entertainment destination, with youth-oriented entertainment uses and a prohibition of adult stores; and

WHEREAS, on November 17, 2014, the City adopted an Ordinance requiring all tobacco retailers to obtain a “Tobacco Retailer Permit” to ensure that retailers comply with tobacco control laws and City business standards (Ord. No. 2014-14; Gilroy Code Section 13.66 et seq.); and
WHEREAS, in California, individuals under the age of 21 are prohibited from purchasing or using tobacco or cannabis products. This regulation is based on evidence that smoking is the leading cause of preventable disease and mortality worldwide.

Smokeless tobacco is also associated with increased risk for several cancers, including those of the mouth, esophagus, and pancreas. Additionally, marijuana smoke contains

Ordinance No. 2025-XX
Extension of Prohibition on Issuance of Tobacco Retailer Permits City Council Regular Meeting | December 8, 2025

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many of the same toxins, irritants, and carcinogens found in tobacco smoke; and WHEREAS, while the majority of tobacco retailers in the City operate in conjunction with another land use activity (i.e., part of a grocery store, liquor store, gas station, convenience store), in the past year-and-a-half, the City has seen a significant increase in the number of stand-alone “Smoke Shop” tobacco retail stores; and WHEREAS, staff has found higher per capita concentration of tobacco retailers in the City, as compared to neighboring cities and county areas, including the City of Morgan Hill, the City of Hollister, the unincorporated area of Santa Clara County and San Benito County; and
WHEREAS, the prevalence of tobacco retail establishments within the Downtown Specific Plan Area of the City of Gilroy may contribute to various adverse effects because of the associated health risks and density to walkable areas where minors frequent. In addition, social and economic burdens due to smoking-related illnesses place demands on community health resources and increase healthcare costs. Tobacco retailer businesses can also be a target for theft and vandalism, as well as may be affiliated with the sale of illegal cannabis products and drug paraphernalia that encourage illegal activity. Hemp products have also been found to be sold in tobacco retailer businesses and smoke shops, with marketing aimed towards children featuring colorful packaging designs and sweet candy flavors. Cigarette butts and packaging contribute to litter and environmental degradation and character of the downtown area; and
WHEREAS, tobacco retail stores have been a source of unlawful activities in the City, including April 2025, where the California Department of Tax and Fee Administration (CDTFA) and the City of Gilroy confiscated flavored tobacco products and hallucinogenic psilocybin that are illegal to sell from certain local tobacco retail businesses within the city limits; and
WHEREAS, considering the foregoing findings and events that have taken place, the City Council finds that there is a current and immediate threat to public health, safety, and welfare, and that approval of additional tobacco retailer permits within the Downtown Specific Plan Districts would result in and exacerbate that threat to public health, safety and welfare; and
WHEREAS, on November 3, 2025, the City Council adopted an urgency interim ordinance prohibiting the issuance of Tobacco Retailer Permits within the Gilroy Downtown Specific Plan Area for a period not to exceed 45 days, as permitted per California Government Code Section 65858; and
WHEREAS, within the 45-day time frame, City staff drafted a 10-day Report, as required by California Government Code Section 65858(d), identifying key actions the

Ordinance No. 2025-XX
Extension of Prohibition on Issuance of Tobacco Retailer Permits City Council Regular Meeting | December 8, 2025

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City must take in order to alleviate the threat to public health, welfare, and safety associated with the adverse effects of tobacco products and retailers, such as addressing licensing enforcement, forming a team to evaluate appropriate locations for the type of use, reviewing best practices from other cities, analyzing police data for crime patterns, and compiling lists of current tobacco retailers in comparison to population density; and
WHEREAS, due to the associated findings within the 10-day Report, staff recommends the City Council adopt an extension to the prohibition of issuance of Tobacco Retailer Permits within the Downtown Specific Plan Area; and WHEREAS, on December 8, 2025, in accordance with State law, the City Council provided due consideration of all evidence presented and provided in the entire administrative record and held a duly noticed public hearing and took testimony regarding this extension of an urgency interim ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I. Recitals.

The above recitals are true and correct and hereby adopted as the City Council’s findings.

SECTION II. Purpose and Authority.

In the interest of protecting the health, safety, and welfare of the residents in the City of Gilroy, it is the purpose and intent of this urgency interim Ordinance to place a temporary moratorium on the issuance of any new permit, license, or other entitlement for any tobacco retailer business within the downtown area of the City of Gilroy. This includes any new permit, license, or other entitlement for the relocation or physical expansion of existing business falling under the definition of a tobacco retailer business as defined in Gilroy Municipal Code Section 13.66. The City Council has authority to adopt this Ordinance pursuant to California Government Code Section 65858 as an extension of an urgency measure prohibiting any use that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City is considering or studying.

SECTION III. Findings.

The City Council hereby finds and determines that potentially future tobacco retailer businesses in the City of Gilroy constitute an immediate threat to public health, safety, and welfare. The approval of additional entitlements for Tobacco Retailer Permits and approval of the relocation or physical expansion of existing tobacco retailer business

Ordinance No. 2025-XX
Extension of Prohibition on Issuance of Tobacco Retailer Permits City Council Regular Meeting | December 8, 2025

-4-
within the Downtown Specific Plan Area under the City’s current regulations will further threaten the public health, safety, and welfare. The adoption of the extension of the urgency interim Ordinance is therefore necessary for the immediate protection of public health, safety, and welfare. The above recitals are incorporated herein by reference as true and correct as the Council’s findings.

SECTION IV. Extension of Moratorium
This Ordinance extends the temporary moratorium on the issuance of any Tobacco Retailer Permit within the Gilroy Downtown Specific Plan Area, as set forth by Chapter 13 Article VIII (Tobacco Retailer Permit) of the Gilroy Municipal Code in the City of Gilroy. This temporary moratorium shall not apply to the renewal of an existing tobacco retailer’s permit previously issued by the City of Gilroy.

SECTION V. Violation.

Except as otherwise permitted under the extension of the urgency interim Ordinance, the establishment, relocation, or physical expansion of a Tobacco Retailer Business within city limits is declared to be a public nuisance. Violations of this urgency interim Ordinance may be enforced by any applicable laws or ordinances, including, but not limited to, injunctions or administrative or criminal penalties under the Gilroy Municipal Code.

SECTION VI. Term of Ordinance.

The extension of the urgency interim Ordinance shall be in effect from the date of adoption for a period of ten (10) months and fifteen (15) days, unless it is extended pursuant to California Government Code Section 65858 or other applicable law, as approved by the City Council.

SECTION VII. Severability.

If any section, subsection, subdivision, sentence, clause or phrase of the extension of the urgency interim Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this urgency interim Ordinance. The City Council hereby declares that it would have passed this urgency interim Ordinance and each section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, or phrases may be declared unconstitutional or otherwise invalid by a court of competent jurisdiction.

Ordinance No. 2025-XX
Extension of Prohibition on Issuance of Tobacco Retailer Permits City Council Regular Meeting | December 8, 2025

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SECTION VIII. CEQA Determination
The extension of the urgency interim Ordinance is exempt from environmental analysis under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15262, 15060(c)(2), 15060(c)(3), and Section 15061(b)(3) as it can be seen with certainty that this Ordinance has no possibility of having a significant environmental effect, as it merely preserves the status quo in accordance with Government Code Section 65858 in the interest of evaluating and preventing potential harms related to tobacco sales.

SECTION IX. Effective Date.

The extension of the urgency interim Ordinance, passed by at least a four-fifths vote of the City Council, is declared to be an interim urgency Ordinance for preserving the public health, safety, and welfare and shall take effect and be enforced immediately upon adoption pursuant to Government Code Section 36937(b).

SECTION X. Publication.

The City Clerk shall cause this Ordinance to be published, or summary thereof, one time within fifteen (15) days upon passage and adoption in a newspaper of general circulation, such as the Gilroy Dispatch.

PASSED AND ADOPTED by the City Council of the City of Gilroy this 8th day of December 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Greg Bozzo, Mayor
ATTEST:
___________________________
Kim Mancera, City Clerk

10-Day Report
on the City of Gilroy 45-day Urgency Interim Ordinance prohibiting the issuance of tobacco retailer permits within the Downtown Specific Plan Area pending the study and development of reasonable regulations pursuant to Government Code Section 65858(d)

BACKGROUND
On November 3, 2025, pursuant to Government Code Section 65858, the City Council of Gilroy adopted Ordinance No. 2025-08, a 45-day urgency interim ordinance. This ordinance was enacted to address the immediate threat to public health, welfare, and safety posed by the sale of tobacco products to minors. This ordinance established a 45-day moratorium on issuing new tobacco retailer permits within the Gilroy Downtown Specific Plan area, pending completion of a study and the development of appropriate regulations for tobacco retailers.

Under Government Code Section 65858(d), the City is to issue a written report describing the measures taken to alleviate the conditions which led to the adoption of the moratorium at least 10 days prior to the expiration of the 45-day ordinance.

Issuance of this report satisfies the requirements of Government Code Section 65858(d). The 45-day moratorium is set to expire on December 17, 2025.

Measures taken to alleviate the conditions that led to the adoption of the urgency ordinance:

1. The City is forming an internal team to develop new zoning regulations for tobacco retailers. The team will make sure to follow current laws, find illegal activities related to tobacco sales—especially those involving minors and illegal substances—and review police activity to spot crime patterns. Based on what the team finds, the team will suggest ways to strengthen the City’s zoning laws and enforcement.

2. City staff has begun reviewing municipal and zoning code regulations from California cities to identify best practices and develop effective zoning regulations for certain tobacco retailers. The goal is to curb tobacco sales to minors and prevent the spread of illegal substances within the Downtown Specific Plan Area.

3. Planning, Code Enforcement, and Finance staff are compiling a list of existing tobacco retailers in the City. This information will be shared with the Police Department to help identify potential police activity related to these businesses to determine if a moratorium is required for additional areas of the City.

The above reflects actions taken during this short period. Conditions still require extending the urgency interim ordinance to give staff time to complete the analysis and research in order to ensure the protection of the public health, safety, and welfare for all residents in the City of Gilroy.

CONTINUED NEED FOR THE MORATORIUM
Actions addressing the underlying need for the moratorium are ongoing. Specifically, at the direction of Council, staff is studying and will develop reasonable regulations for tobacco retailers, including defining and potentially prohibiting smoke shops in certain zoning districts, requiring use permits for smoke shops in specific downtown zoning districts, and addressing community concerns regarding underage access, public notification of licenses, and proliferation of retailers. The proposed regulatory changes will require further research and public outreach, as well as public hearings before the Planning Commission and City Council. These tasks cannot be completed within the initial 45-day period which ends on December 17, 2025. Therefore, the need for the moratorium remains and staff recommends the City Council adopt an ordinance extending the current moratorium for a period of 10 months and 15 days. Unless extended by Council, the moratorium would automatically expire on December 17, 2025. Staff intends to return to Council with code amendments in concert with the comprehensive zoning update, and the extension would provide staff with sufficient time to develop those code amendments.

OPPORTUNITY FOR PUBLIC COMMENT
Members of the public will have the opportunity to comment on the extension of the Urgency Interim Ordinance at the City Council hearing to be held on December 8, 2025. The City will publish the required notice for this meeting pursuant to Government Code § 65090.

City of Gilroy

STAFF REPORT
Agenda Item Title: Commemorative Flag Application Review for Calendar Year 2026
Meeting Date: December 8, 2025
From: Brad Kilger, Interim City Administrator
Department: Administration
Submitted by: Bryce Atkins, Assistant to the City Administrator Prepared by: Bryce Atkins, Assistant to the City Administrator STRATEGIC PLAN GOALS: Not Applicable

RECOMMENDATION
Council consideration regarding the Commemorative Flag Flying Application for the Progressive Pride Flag.

EXECUTIVE SUMMARY

BACKGROUND
At the February 7, 2022 City Council regular meeting, Council adopted the amended and restated Flying Flags at City Facilities Policy (Policy). The Policy identifies the requirements and application process established to receive approval to fly a commemorative flag at City Hall.

ANALYSIS
The City received one application during the application window to request a commemorative flag, which is attached to this staff report. The flag application is to fly the Progressive Pride Flag in June. As this is the second year for the applicant after signatures were obtained, per the policy, no signatures are required for this year's

application. The applicant submitted the application fee along with the application itself.

Staff is submitting the application to the Council for consideration. The flag application also mentions the desire to have an event in the afternoon. Should the Council decide to approve the application, adoption of the attached resolution would be required, as per the adopted policy. If approved, the proposed event will be reviewed by staff to determine if any permits are required to host the event.

ALTERNATIVES
Council may choose to approve or reject the application.

FISCAL IMPACT/FUNDING SOURCE
No net cost is expected. The impact is the cost of staff time in raising and lowering the flag by City staff. The applicant provided the required application fee of $27, which captures full cost recovery.

PUBLIC OUTREACH
This item was included on the publicly posted agenda for this meeting.

NEXT STEPS
Staff will reach out to the applicant with the status of their application based on the Council action taken.

Attachments:

1. Commerative Flag Flying Application - Progressive Pride Flag

2. Resolution - 2026 Commemorative Flag Flying Approval

3. Amended and Restated City Flag Flying Policy

4. Support for Flag Rasing 2025

5. City of Gilroy Pride Month - Letter of Support BAYMEC

6. City of Gilroy Pride Month - Letter of Support

7. City of Gilroy Pride Month - Letter of Support Rivas

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING COMMEMORATIVE FLAG FLYING APPLICATIONS FOR 2026
WHEREAS, on February 7, 2021, the City Council adopted the amended and restated Flying Flags at City Facilities Policy (“Policy”); and WHEREAS, the Policy calls for any interested party that wishes to request a commemorative flag to be flown at City Hall to submit an application to the City on forms and with requirements as outlined and pursuant to the Policy; and WHEREAS, under the Policy, the applications that meet sufficiency for signatures are then submitted to the City Council for consideration, with any applications being approved to be done through a resolution of the City Council; and WHEREAS, the City received one qualifying application for flying the Progressive Pride Flag for June 2026.

NOW, THEREFORE, BE IT RESOLVED that the application for the Progressive Pride Flag for June 2026 is hereby approved.

PASSED AND ADOPTED this 17th day of November 2025 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

______________________________

Greg Bozzo, Mayor
ATTEST:

Kim Mancera, City Clerk

Resolution No. 2025-XX
Commemorative Flag Flying Application Approval
City Council Regular Meeting | November 17, 2025

CERTIFICATE OF THE CLERK
I, KIM MANCERA, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2025-XX is an original resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, November 17, 2025, with a quorum present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Date.
____________________________________
Kim Mancera
City Clerk of the City of Gilroy
(Seal)

City of Gilroy
Flying Flags at City
Facilities Policy
Amended and Restated February 7, 2021
Policy Effective February 8, 2022

City of Gilroy
Flying Flags at City Facilities Policy
Purpose
To create a Council policy regarding the flying of flags at City Facilities, inclusive of the flags of the United States, the State of California, Sister Cities, and any Commemorative Flags as may be authorized by the City Council.

Policy
I. Definitions
a. “Applicant” shall mean an individual, business, corporation, organization or other entity residing or based within the City Limits of the City of Gilroy who submits an application to display a Commemorative Flag pursuant to this policy.
b. “Application Cycle” shall mean a period of time as outlined in this policy for Applicants to submit an application for a Commemorative Flag to be displayed during the subsequent calendar year. Complete applications compliant with the requirements of this policy submitted during the Application Cycle will be submitted to the City Council for consideration. c. “Commemorative Flag” shall mean a flag that identifies with a specific date, historical event, cause, nation, or group of people, whereby the City honors or commemorates the date, event, cause, nation, or group of people by flying the flag.
d. “Sister City Flag” shall mean a flag of another city that is an officially designated Sister City to the City of Gilroy.

II. General Policy
a. It is the policy of the City of Gilroy that the City’s flag poles are not intended to serve as a forum for free expression by the public, but rather for the display of the Flags of the United States and the State of California.

The flag poles located at all City facilities may also be used to display the flags of the City of Gilroy, any Sister City Flag, and any Commemorative Flag as may be authorized by the City Council as an expression of the City’s official sentiments.

III. Flags of the United States and the State of California a. The Flag of the United States and the Flag of the State of California shall be displayed in conformance with the requirements as provided in Title 1,

City of Gilroy
Flying Flags at City Facilities Policy
Division 2, Chapter 3 of the California Government Code entitled “Display of Flags”
b. The Flag of the United States shall further be displayed and handled in accordance with Title 4, Chapter 1 of the United States Code entitled “The Flag”; sometimes referred to as the United States Flag Code. Where the language of this code is mandatory, the City shall comply with the requirement. Where this code provides advisory language, the City shall follow the advisory language to the extent feasible.

IV. Flags of the City of Gilroy and any Sister City Flag a. The Flag of the City of Gilroy, when displayed, shall be displayed in conformance with the requirements as provided in Title 1, Division 2, Chapter 3 of the California Government Code entitled “Display of Flags” b. Any Sister City Flags, when displayed, shall be flown in a manner subordinate to the requirements for the Flags of the United States and the State of California. Additionally, they shall be in the fourth position of honor, after the Flags of the United States, the State of California, and the City of Gilroy.

V. Commemorative Flags
a. Requirements for Requesting the City to Display a Commemorative Flag i. For an Applicant to request the display of a Commemorative Flag at the Gilroy City Hall, an application must be completed which shall require at a minimum the following:

1. The full name, physical address, phone number, electronic mail address, and other such contact information for the applicant as may be requested by the City.

2. The name and a full color image accurately depicting the Commemorative Flag.

3. A statement of explanation or purpose of the
Commemorative Flag, including what the flag stands for; any local, national, or international affiliation; brief history; website address; and any other relevant information to be considered by the City Council.

4. The month in which the Commemorative Flag is requested to be displayed.

5. A minimum of 150 signatures from registered voters in Gilroy, each of whom having reached the age of 18 years or greater and are successfully verified as meeting these
requirements by the City through utility billing, property

City of Gilroy
Flying Flags at City Facilities Policy
owner information, or other means that may be available to the City. If the City is unable to verify that one or more signatures meet these requirements through available
means of the City, the applicant will be advised of the number of signatures deemed unverifiable and removed
from the total count.
a. The signatures are required for the initial application when a commemorative flag is first requested. If the
applicant re-applies each year for the same flag with
the same information, the signature requirement is
waived every other year, so long as the applications
are continuous. If there is a break in the applications for a year or more and an applicant reapplies, even if
the last application required signatures, the signature requirement will apply.

6. Whether the applicant intends to hold a ceremony or event for the flag raising, and verification of the applicant’s understanding regarding the requirement to obtain approvals and permits and pay fees to encroach upon or utilize any public right-of-way or City property for the event.

7. An application fee, the amount of which shall be determined and updated/maintained as part of the Master Fee Schedule.

8. If approved, the applicant must provide the flag to be flown.

The flag must be provided to City staff for inspection of the actual flag to be displayed, which must conform with
specifications as provided by the City for size, shape, and structure. The flag must be in acceptable condition for display, determined at the sole discretion of the City. ii. The specific format of the application and submittal procedures shall be at the discretion of the City Administrator or their designee, so long as the requirements for Applicants as outlined in this policy are contained on the application.
iii. The Application Cycle shall open the first day of September (September 1st) each year and shall close at the end of business on the thirty-first day of October (October 31st) each year. Whenever either of these dates fall on a non-business day for the City, the deadlines shall move to the following business day for the City.

b. Commemorative Flag Approval Process
i. Applications that are complete and compliant with this policy shall be presented to the City Council for consideration during a City

City of Gilroy
Flying Flags at City Facilities Policy
Council meeting held before the end of December each year, after the close of the Application Cycle.
ii. Council, in its sole discretion, shall consider the applications, and render a decision to approve which, if any, Commemorative Flags are approved for display.
iii. The following requirements regarding approval of displaying Commemorative Flags shall be considered in determining which Commemorative Flags be approved for display:

1. Only one flag may be displayed at a time.

2. Each flag shall be displayed only for one calendar month, beginning with the first day of the month and ending on the last day of the month.

3. Approval shall only be valid for one calendar year. A new application must be filed for any succeeding years, even for flags that have been approved for prior years. This is to allow open and equal opportunities for competing
Commemorative Flags that may typically be displayed during the same month each year.

4. Commemorative flags cannot contain messaging or content of the following nature: (a) promoting or opposing a political party, candidate, campaign, or political organization; (b):
religious, commercial, racial or other discriminatory
themes/speech, adult or sexually explicit, lewd, or obscene themes or materials; illegal activity; drug or alcohol themes or materials. Flag applications that contain these or
reasonably related material shall not be considered.
iv. Approval shall be completed via a resolution adopted by the City Council identifying the list of which Commemorative Flags were approved, and for which month.
c. Displaying of Commemorative Flags
i. The City’s involvement in the displaying of Commemorative Flags shall be limited to only the following:

1. Raising of the Commemorative Flag in the earlier part of the morning of the first day of the month.

2. Lowering of the Commemorative Flag in the late afternoon on the last day of the month.

3. Announce the flag raising on the City’s social media and electronic newsletter(s).

4. Where the first or last day of the month lands on a weekend or observed City holiday, and City staff cannot raise or lower the flag on the exact day of either the beginning and/or end

City of Gilroy
Flying Flags at City Facilities Policy
of the month, the lowering of the previous month’s flag will occur in the morning of the next business day, at the same time as the raising of the next month’s flag.
ii. Commemorative Flags may only be displayed on a flag pole located at City Hall.
d. Commemorative Flag Events
i. Should an Applicant wish to host a ceremonial event, the applicant must file an application requesting an encroachment permit, special event permit, and/or a facility rental to have the event. The specific permits needed will depend upon the nature of the event and shall be at the discretion of the City. The Applicant will be required to pay the full application and permit fees for each permit that is required. ii. The application document shall contain language to advise the Applicant:

1. To contact the Community Development Department to
inquire about which permits may be required based on the type of event they would like to host.

2. Information about the required deadlines to submit
applications, and lead-times between when a permit
application is submitted and when an approval or rejection decision is made.

3. That such events are not approved unless and until an official approval of all required permits is granted.

4. The application fees that must be paid by the applicant. iii. The normal fees, insurance requirements, attestations and permit requirements will be required to host the event, and that approval is not guaranteed because of the flag being raised, lowered, or displayed.
iv. All conditions of approval in each permit, as required, must be followed for the event to be held.

P.O. Box 23773
San Jose, CA 95153
(408) 892-8986
www.pridesocialsouthcounty.com
November 25, 2025
Honorable Mayor & Gilroy City Council Members
City of Gilroy
7351 Rosanna St
Gilroy, CA 95020
Dear Honorable Mayor & Gilroy City Council Members,
I write to express my strong support on your agenda item to recognize June as LGBTQ+ Pride Month & Raising of the Pride Flag at City Hall, which will heighten awareness of LGBTQ+ Pride Month, as well as celebrate diversity, equity, social justice and inclusion.

The rainbow flag, also known as the LGBTQ+ pride flag, serves as a symbol of Lesbian, Gay, Bisexual, Transgender, and Queer/Questioning pride and LGBTQ+ social movement. Today, celebrations include pride parades, picnics, parties, workshops, symposia and concerts. The LGBTQ+ Pride Month events attract millions of participants around the world. Memorials are held during this month for those members of the community who have been lost to hate crimes or HIV/AIDS. The purpose of the commemorative month is to recognize the impact that lesbian, gay, bisexual and transgender individuals have had on history locally, nationally and internationally.

All children should be able to attend school in a safe and inclusive environment free from discrimination. Civil rights laws and the California Education Code sections 200-220 contribute to such environments. The lack of awareness and understanding of issues facing LGBTQ+ children and youth has contributed to higher rates of school dropout, academic failure, suicide and school disengagement. Education regarding LGBTQ+ issues increases understanding and cultivates respect for LGBTQ+ students and cultivates a culture of allyship. Your actions made history in 2021 by raising the first Pride Flag in Gilroy’s history and Gilroy Unified School District made history by raising the first Pride Flag at their District Offices in 2024. Beginning in 2025, GUSD raised the Pride Flag at all District Facilities and High Schools.

Acts of hatred against LGBTQ+ members of our community will not be tolerated; hate and discrimination have no part in our community. According to the Library of Congress the month of June is a time to celebrate our dynamic Lesbian, Gay, Bisexual, Transgender, and Queer/Questioning (LGBTQ+) community, raise awareness of quality services, and foster a dialogue to promote healthy and safe communities for all. I support this Resolution and urge your “Aye” vote.

Respectfully,
Terry Hernandez and the Pride Social Board of Directors President Pride Social South County
[email protected]

P.O. Box 112316
Campbell, California 95011
November 25, 2025
Honorable Mayor and Members of the Gilroy City Council
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Re: Support for June LGBTQ+ Pride Month & Raising of the Pride Flag at City Hall Dear Mayor and Councilmembers:

On behalf of those of us committed to equality and inclusion in Santa Clara County, I write in strong support of your agenda item recognizing June as LGBTQ+ Pride Month and raising the Pride Flag at City Hall in 2025.

This action is more than ceremonial. It is a public affirmation that Gilroy stands for dignity, visibility, and belonging for all residents. The Pride Flag has long been a unifying symbol of the LGBTQ+ community—representing resilience, authenticity, and the ongoing pursuit of justice. Around the globe, Pride Month brings together millions in parades, celebrations, workshops, and remembrance events honoring those we have lost to violence, discrimination, and HIV/AIDS. It is also a time to recognize the countless contributions LGBTQ+ people have made to our shared local, regional, national, and international history.

Your city’s leadership on this issue matters deeply—especially to LGBTQ+ youth. Every child deserves to learn in a safe, supportive environment free from discrimination. California’s civil rights laws and Education Code sections 200–220 make that expectation clear, but it takes community leadership to fulfill it. When schools and cities act with intention, we see lower dropout rates, better academic outcomes, and healthier, more connected students. Inclusive education and visible allyship help build understanding and respect, creating schools where all young people can thrive.

Gilroy has already made history. In 2021, you raised the Pride Flag at City Hall for the first time where I was honored to be a speaker. In 2024, the Gilroy Unified School District raised the Pride Flag at its District Office, and beginning in 2025, expanded that commitment to all District facilities and high schools. These are the kinds of milestones that change lives and strengthen communities.

Hate and discrimination have no place here. By recognizing Pride Month and raising the flag, the City of Gilroy sends a clear message that every resident, no matter who they are or whom they love, is valued and protected. As the Library of Congress affirms, June is a month to uplift the LGBTQ+ community, expand access to inclusive services, and foster dialogue that leads to safer, healthier communities for everyone.

For these reasons, I respectfully urge your “Aye” vote on this Resolution.

Thank you for your leadership and your continued commitment to equity and equality.

Respectfully,

ORIGINAL SIGNED BY
Drew Lloyd
Board President
BAYMEC (Bay Area Municipal Elections Committee)

CAPITOL OFFICE CHAIR
1021 O STREET s { - t t t TRANSPORTATION ee California State Senate SACRAMENTO, CA 95814 COMMITTEES
TEL (916) 651-4015 AGRICULTURE

DISTRICT OFFICE SENATOR EDUCATION
1155 MERIDIAN AVENUE SUITE 100 DAVE CORTESE HOUSING
SAN JOSE, CA 95125 LABOR, PUBLIC EMPLOYMENT &
TEL (AGB) Foe FIFTEENTH SENATE DISTRICT ETREMEMT

LEGISLATIVE ETHICS

November17, 2025
Honorable Mayor & Gilroy City Council Members
City of Gilroy
7351 Rosanna St
Gilroy, CA 95020
Re: June LGBTQ+ Pride Month & Raising of the Pride Flag at City Hall - Support Dear Honorable Mayor & Gilroy City Council Members,
I write to express my strong support on your agendaitem to recognize June as LGBTQ+ Pride Month andto raise the Pride Flag at City Hall, which will heighten awareness of LGBTQ+ Pride Month, as well as celebrate diversity, equity, social justice, and inclusion.

The rainbow flag, also known as the LGBTQ+pride flag, serves as a symbol of Lesbian, Gay, Bisexual, Transgender, and Questioning pride and LGBTQ+ social movement. Today, celebrations include pride parades, picnics, parties, workshops, symposia, and concerts. The LGBTQ Pride Month eventsattract millions of participants around the world.

Memorials are held during this month for those members of the community whohave beenlost to hate crimes or HIV/AIDS. The purpose of the commemorative month is to recognize the impact that lesbian, gay, bisexual and transgenderindividuals have had on history locally, nationally and internationally.

All children should be able to attend school in a safe and inclusive environment free from discrimination. Civil rights laws and the California Education Code sections 200-220 contribute to such environments. The lack of awareness and understanding of issues facing LGBTQ+ children and youth has contributed to higher rates of school dropout, academic failure, suicide and school disengagement. Education regarding LGBTQ+ issues increaseunderstanding and cultivates respect for LGBTQ+ students and cultivates a culture of allyship. Your actions made history in 2021 byraising the first Pride Flag in the city’s history, and Gilroy Unified School District made history by raising the first Pride Flag at their District Offices in 2024. Beginning in 2025, GUSD raised the Pride Flag at all District Facilities and High Schools.

Acts of hatred against LGBTQ+ members of our community will not be tolerated; hate and discrimination have no part in our community. According to the Library of Congress the month of June is a time to celebrate our dynamic Lesbian, Gay, Bisexual, Transgender, and Questioning (LGBTQ+) community, raise awareness of quality services, and foster a dialogue to promote healthy and safe communities for all. | support this Resolution and urge your “Aye”vote.

Sineerely,
Senator Dave Cortese
California State Senator, 15" District
[email protected]

December 1, 2025
Honorable Mayor & Gilroy City Council Members
City of Gilroy
7351 Rosanna St
Gilroy, CA 95020
RE: Support for June LGBTQ+ Pride Month & Raising of the Pride Flag at City Hall Dear Members of the Gilroy City Council:

I write to express my strong support on the agenda item to recognize June as LGBTQ+ Pride Month & Raising of the Pride Flag at City Hall, which will heighten awareness of LGBTQ Pride Month, as well as celebrate diversity, equity, social justice and inclusion.

The rainbow flag, also known as the LGBTQ+ pride flag, serves as a symbol of Lesbian, Gay, Bisexual, Transgender, and Questioning pride and LGBTQ+ social movement. Today, celebrations include pride parades, picnics, parties, workshops, symposia and concerts. The LGBTQ Pride Month events attract millions of participants around the world. Memorials are held during this month for those members of the community who have been lost to hate crimes or HIV/AIDS. The purpose of the commemorative month is to recognize the impact that lesbian, gay, bisexual and transgender individuals have had on history locally, nationally and internationally.

All children should be able to attend school in a safe and inclusive environment free from discrimination. Civil rights laws and the California Education Code contribute to such environments. The lack of awareness and understanding of issues facing LGBTQ+ children and youth has contributed to higher rates of school dropout, academic failure, suicide and school disengagement. Education regarding LGBTQ+ issues increases understanding, cultivates respect for LGBTQ+ students, and cultivates a culture of allyship. Your actions were significant in 2021 by raising the first Pride Flag in the city’s history and Gilroy Unified School District made history by raising the first Pride Flag at their District Offices in 2024. Beginning in 2025, GUSD raised the Pride Flag at all District Facilities and High Schools.

Gilroy City Council
December 1, 2025

Acts of hatred against LGBTQ+ members of our community will not be tolerated; hate and discrimination have no part in our community. According to the Library of Congress the month of June is a time to celebrate our dynamic Lesbian, Gay, Bisexual, Transgender, and Questioning (LGBTQ+) community, raise awareness of quality services, and foster a dialogue to promote healthy and safe communities for all. I support this Resolution and urge your “Aye” vote.

If your office has any questions or concerns, please do not hesitate to reach out to our office at (831) 759-8676.

Sincerely,
R

ROBERT RIVAS
Speaker of the Assembly

City of Gilroy

STAFF REPORT
Agenda Item Title: Consideration of options and recommendations for meeting State-mandated stormwater trash capture requirements.

Meeting Date: December 8, 2025
From: Brad Kilger, Interim City Administrator
Department: Public Works
Submitted by: John Doughty, Public Works Director
Prepared by: Mark Johnson, Environmental Programs Manager STRATEGIC PLAN GOALS: Maintain and Improve City Infrastructure

RECOMMENDATION
It is recommended that the City Council authorize staff to immediately:

1. Prepare and advertise a Request for Proposal (RFP) for the fabrication and installation of 73 connector pipe screens (a type of certified full trash capture system) to meet the City's December 2026, 30-percent MS4 trash capture mandate; and

2. In conjunction with the bid award, return to City Council with a budget amendment to add the Connector Pipe Screen Project into the FY 26 Capital Budget with funding from Stormwater Management Fund (422).

It is further recommended that the City Council direct staff to:

1. Conduct an engineering study and finance plan to implement hydro-dynamic separators to meet the 65-percent and 100-percent MS4 trash capture requirements; or

2. In alternative, develop a plan for meeting 65-percent and 100-percent MS4 trash capture mandates under the Track 2 compliance option.

EXECUTIVE SUMMARY
The City is a small MS4 permittee regulated under the Phase II Municipal Separate

Storm Sewer System (MS4) Permit issued by the State Water Resources Control Board. MS4 permitting is required under the federal Clean Water Act and its National Pollutant Discharge Elimination System program. In California, the NPDES program is implemented through the Porter Cologne Water Quality Control Act. The purpose of this particular mandate is to eliminate the discharge of litter and trash to local streams, wetlands and sloughs. The first compliance milestone under the Informal Draft Phase II Municipal Separate Storm Sewer System (MS4) Permit requires the City to eliminate trash from 30% of Priority Land Use (PLU) areas by December 2, 2026.

Compliance is mandatory under these laws, and there is no dedicated state or federal funding for local implementation, so costs are borne by the permittees. In 2017, the then-seated Council authorized staff to proceed with individual trash capture devices under the Track 1 compliance program to meet the initial 30-percent capture requirement (by December 2026). In January 2025, the current City Council directed staff to further evaluate alternative compliance options and to return with a recommendation.

The Public Works Department Work Program for Fiscal Years (FY) 26 and 27 included the Council requested evaluation and since July 1st, Public Works staff have been researching and developing its recommendation for Council consideration. The purpose of this item is to provide an update to the City Council and offer a recommended course of action that integrates a hybrid approach to compliance to reach the 100-percent reduction goal by December 2, 2030.

BACKGROUND
Municipal stormwater management and maintenance long predates the federal Clean Water Act and related permits. Storm drain systems were designed to reduce localized street and property flooding within developed areas. Once the City initiated conveyance of stormwater through a formal fixed storm drain system, the City became committed to maintenance of the storm drain system. Over time, the storm drain system has expanded to include not only “grey” improvements like gutters, pipes, catch basins and drop inlets to convey stormwater runoff to outfall locations but also “green” infrastructure like retention/detention basins and other natural/planted infiltration facilities which slow flows, recharge the groundwater basin and capture sediment/trash before release into the pipe/outfall system. In Gilroy, the outfalls are principally releasing into Uvas Creek, Llagas Creek, Miller Slough and other open channels.

Upon establishing a storm drain system, the City tacitly accepted the obligation to clean, repair and manage the system. The City has a total of 4,950 catch basins and drop inlets. Annually, staff is focused on cleaning 147 drop inlets and catch basins which currently represent the bare minimum required by the MS4 Permit. Annual maintenance of the 147 consists of two, 2-person teams hand cleaning the catch basins and drop inlets (prior to the rainy season). The cleaning helps prevent localized flooding and reduces contaminants, which include litter and trash, from reaching waterways. At a minimum, annual maintenance work should include cleaning of more drop inlets and

catch basins, and cleaning them at least twice a year. Optimally (industry standard), cleaning crews would utilize a Vactor truck or regenerative street cleaner. The regenerative street cleaner would also exponentially improve fall leaf cleaning from the streets (and the storm water system). Staff requested $400,000 in the FY26-27 budget to purchase a regenerative sweeper. This request was not ultimately recommended. A request will be included in the next biennial budget.

Regular street sweeping is a component of the MS4 permit. Street sweeping in Gilroy is provided by Recology South Valley under the City’s solid waste franchise agreement.

Commercial areas are swept weekly and residential streets are swept every two weeks.

The City does not restrict parking on sweeping days, so parked vehicles can block the curb and gutter and reduce the effectiveness of sweeping. In the future, this issue is likely going to be a policy question for the City Council.

The MS4 program did not create the duty to maintain the storm drain system. The MS4 permit adds to statutory obligations and a regulatory framework that includes enforcement and potential fines for non-compliance which did not exist prior to its enactment.

The City is a small MS4 permittee regulated under the Phase II MS4 permit issued by the State Water Resources Control Board. MS4 permitting is required under the federal Clean Water Act and its National Pollutant Discharge Elimination System program. In California, the NPDES program is implemented through the Porter Cologne Water Quality Control Act. Compliance is mandatory under these laws, and there is no dedicated state or federal funding for local implementation, so costs are borne by permittees.

For violations of MS4 permit requirements, the Board may impose enforcement actions including administrative civil liability under Water Code section 13385 subdivision c of up to ten thousand dollars per day per violation.

On June 1, 2017, the State Water Board issued a Water Code section 13383 order to all permittees (which included Gilroy) that did not have existing trash requirements in their permit. The order required permittees to identify their compliance pathway in the Provisions by September 1, 2017. The Provisions contain two possible regulatory compliance pathways, “Track 1” certified full capture systems or “Track 2” full capture equivalency. In August 2017, the City notified the Water Board that it would comply under the Track 1 pathway.

In July 2024, the State Water Board released an informal draft update to the Phase II MS4 permit. Attachment H of the informal draft proposes interim milestones of 30 percent PLU area coverage with certified full capture systems or equivalent controls by December 2, 2026, 65 percent by December 2, 2028, and 100 percent by December 2, 2030. Staff anticipates a final draft in February 2026 and there has been no indication that these milestones will change.

In September 2024, Gilroy started transitioning from a contract environmental services division to an in-house staff division. During this transition, staff was directed by previous management to proceed with the Track 1 compliance pathway utilizing the StormTeck ST3G connector pipe screens. StormTeck was chosen due to ease of installation, certification by the Water Board and its ability to be removed. Removal is desirable for ease of removal in high stormwater flow, at times for cleaning and ultimately for relocation if trash load is not existent. Staff released the request for proposal for the installation of these connector pipe screens on October 7, 2024, and held a bid opening on December 18, 2024. The City received three bids with Apex Companies LLC being the lowest responsive bidder. On January 27, 2025, the City Council considered awarding a contract to Apex Companies LLC in the amount of $250,000.00 to install 80 StormTek ST3G connector pipe screens in PLU area catch basins. The City Council chose not to award the contract. Once a new permit is adopted and the Statewide Trash Provisions are incorporated, the City will be required to report its compliance with the trash provisions to the Water Board within 180 days.

During the January 2025 City Council Meeting, the Council indicated concerns that other options were not evaluated prior to going out to bid. Notably, there was an interest in evaluating the option of outfall collection of trash and litter. The Council also indicated some frustration with the general regulatory framework and obligations of the City. The Council also sought more detail on the funding source for the trash capture construction contract and about the requested construction contingency, which exceeded the normal percentage. Council asked for a clearer path to compliance through 2030 including total cost and schedule. Council also asked about maintenance in leafy areas, overflow function during storms, alternatives such as street sweeping or a Track 2 equivalent approach, and the risk of state enforcement. After deliberation, Council tabled the item pending responses and clarification. This report is intended to answer questions and concerns raised last January.

ANALYSIS
Overview
As noted above, the Statewide Trash Provisions allow municipalities to comply through either Track 1 (installation of certified full capture systems) or Track 2 (a combination of systems, enhanced programs, and institutional controls designed to demonstrate “Full Capture Equivalency”). The following is an overview of Track 1 and Track 2 options along with discussion of general applicability within the City of Gilroy. Attachment B includes three maps showing the approximate locations potential Phase 1 connector pipe screens, outfall locations and location of likely locations for hydrodynamic separators.

Track 1 - Full Capture Systems
Full capture systems are designed to trap particles 5mm and larger and accommodate flow from the 1 hour 1 year storm to the tributary drainage. These systems are primarily

characterized as connector pipe screens (CPS), high-flow capacity systems, and multibenefit stormwater treatment systems.

Catch Basin Inserts. Catch basin inserts consist of connector pipe screens, inlet filters, and drop in filters and can be installed with minimal inlet modifications. These systems are often chosen because of the ease of installation and the lower upfront capital costs. Additionally, the systems would not require regulatory permits from agencies like California Fish and Wildlife, US Fish and Wildlife and/or the US Army Corps of Engineers. These systems are not chosen by all agencies as they tend to have higher ongoing operational costs due to the number of systems needed and the regulatory obligation to inspect and clean/maintain a minimum of two times a year. The systems can also be subject to some clogging by vegetation, debris, and trash where not maintained adequately. These systems are currently certified by the Water Board and require no additional approvals. In 2018, the City informed the Water Board that it would be using connector pipe screens to meet the initial 30-percent trash capture goal.

Staff has reached out to a number of cities to better understand if there are emerging best practices. We found that many agencies have implemented connector pipe screens. Morgan Hill, San Jose, Milpitas, Cupertino, Campbell, and Redwood City have been using the screens to meet their 30-percent obligation. Morgan Hill also informed us that they are transitioning their program to a high flow capacity system to meet the 100-percent requirement (see below for more information).

Drop in filter

Inlet Filer
Connector pipe screen (CPS)
High-Flow Capacity Systems. High-flow capacity systems are another Water Board certified option under Track 1. These are proprietary stormwater treatment systems that require engineering and hydraulic design to size and install. The systems are intended to function near the outfall locations which reduces the number of systems required.

There are three basic types of systems with the vault hydrodynamic separator emerging as the industry standard in California.

Each of these types of units require maintenance and regular inspection to ensure the desired performance is met. The systems consist of vault-based systems, gross solid removal systems, and netting systems. Upfront capital costs vary widely based upon the specific location and application. Ongoing operating and maintenance costs also vary widely. Hydrodynamic separators tend to have higher upfront costs but also the lowest ongoing costs. For the purposes of this report, staff will focus on two outfall netting and hydrodynamic separators as they have the most applicability to the Gilroy storm drain system.

Netting systems
Gross solid removal
Vault hydrodynamic separators

In January, the Council indicated a desire for staff to consider the outfall netting option.

There are currently only two netting system units that have been certified by the Water Board which means that “off-the-shelf" options are very limited. Staff has visited many of the outfalls to assess netting system viability. Based upon this review staff has

determined that none of the current certified units would be adaptable to Gilroy. This means that the City would have to contract for design of each outfall net system, seek certification of each design by the Water Board and ultimately fabricate each unit. This would be time consuming with an unknown cost per unit. Beyond design and cost, some of the outfalls are in a condition which cannot accommodate netting. (see Attachment A for photos of outfalls). We also attempted to qualify/quantify maintainability of outfall netting. A significant element of maintenance is access given the need for a crane/boomtruck to empty and maintain. There are significant physical access challenges throughout the system. Netting itself needs regular attention, repair and replacement. There will also be significant regulatory challenges with State and federal environmental agencies given the location of outfalls. Ultimately, staff concluded that the option, while seemingly being the simplest, is not viable for Gilroy. Staff will also note that Morgan Hill evaluated outfall netting options and ultimately chose not to proceed with the netting option.

One of the emerging trends is the use of hydrodynamic separators. Morgan Hill is currently preparing to install five hydrodynamic separators at a cost of $2,585,000.

Morgan Hill recently purchased a dedicated Vactor Truck for storm drain maintenance operations as part of their program. Hydrodynamic Separators are being selected for trash capture for their relative simplicity of placement, effectiveness and low-cost ongoing maintenance. Council will note that estimates for hydrodynamic separators is significantly higher. The higher costs represent larger units due to larger drainage tributaries. Sizing and costs could be reduced if the City implemented retroactive trash capture for private developed properties. This would not be popular with property owners/business owners and would require significant investment of time and money in a City-run compliance/enforcement program.

Multi-Benefit Systems. The State Water Board Executive Director has categorically certified five multi-benefit full capture systems: bioretention; capture and use; detention basins; infiltration trench or basin; and media filters. These systems are being implemented within new development as the State guidance includes transition to “green” infrastructure where possible. Multi-Benefit systems were not considered for meeting the MS4 requirements as the focus is on existing developed commercial areas.

These areas utilize existing “grey” infrastructure and lack large pervious areas to construct large basin or sub-basin facilities.

Track 2 - Full Capture System Equivalency
The Water Board offers an optional pathway to compliance which is referred to as “Track 2”. Track 2 offers the City the ability to develop a plan which demonstrates that implementation of the plan will result in equivalent full trash capture compliance as Track 1. Staff has again researched the Track 2 option. There are a number of cities that have chosen the option. Many of the Bay Area cities have chosen this path. Those cities also have historically funded robust environmental programs and commensurate staffing. Staff looked into the Track 2 programs at the cities of Paso Robles and San Luis Obispo as well. These two cities are located within the Central Coast Regional

Water Quality Control Board jurisdiction (same as Gilroy) and share more attributes with Gilroy (than Palo Alto for example). Given their experience we feel that Track 2 is a viable option to pursue to meet the 65-percent and 100-percent requirements with the understanding that there a great deal of unknowns from the Water Board perspective and the effort will require ongoing consultant services and staffing commitments. We can report that San Luis Obispo Track 2 program includes ongoing annual budgeting for 2 full time field staff with a Vactor truck and one full time program manager level position. Below is a more fine-grained look at what the Water Board will require of the City as part of a request for Track 2 compliance.

Pursuing Track 2 would require the following steps:
• Baseline Assessments: Conduct at least two On Land Visual Trash Assessments (OVTA) at selected high priority locations to establish baseline trash levels using the State Water Board OVTA protocol.
• Trash Generation Map: Develop a map classifying areas of the City by trash generation rates (low, moderate, high, & very high).
• Implementation Plan: Identify measures to reduce trash loading where standards are not met, such as enhanced street sweeping, targeted enforcement, public education, and installation of certified full capture systems where appropriate. • Assessment Plan: Define OVTA sites, methods, frequency, data management, and QA QC procedures.
• Implementation: Begin operational enhancements, including added sweeping routes, new public trash bins, targeted code enforcement, and outreach. • Monitoring: Conduct annual or more frequent visual assessments and document corrective actions.
• Annual Reporting: Submit the annual report documenting progress, data, O&M, and corrective actions.

Initial costs to develop a Track 2 compliance program is estimated to be at least $175,000 given the City’s limited available data. These costs cover baseline trash assessments, mapping, plan development, and consultant support. Additional, ongoing costs for enhanced sweeping, enforcement, and monitoring would be required. Lifetime costs could conceivably exceed Track 1 options given required consultant support, the likely need to evaluate and re-evaluate efforts and the potential for Water Board shifts in their approach to Track 2 (meaning the Water Board acceptance at a given point does not assure or prevent future Water Board compliance efforts). It is the Water Boards’ expectation that under a Track 2 compliance pathway “full capture systems will be utilized when not cost prohibitive.” The Water Board is sending a strong message

that they encourage Track 1 solutions over Track 2. Staff is recommending the City Council evaluate hydrodynamic separators, in part, to potentially support an argument for prohibitive cost under Track 1.

The table below summarizes the primary compliance options available to Gilroy to meet the Statewide Trash Provisions, shown for both the initial 30 percent milestone and full 100 percent buildout. For each option, the table describes what implementation would look like locally, along with key advantages and drawbacks identified to date, and rough order of magnitude capital and ongoing operation and maintenance estimates. Cost figures are at a planning level and will be refined as site specific designs and permitting requirements are confirmed.

Table 1. Summary assessment of compliance options
Conclusions
• Track 1 compliance, regardless of the type, is direct and achievable. Installation of certified full trash capture systems is automatically recognized by the State as compliant, eliminating Water Board inconsistencies and unknown costs. • Outfall netting, as outlined in the report, is not a viable option. With up to 47 outfall locations in various locations and conditions, the capital costs and ongoing maintenance costs will be prohibitive.
• Existing dedicated stormwater fees are available to complete Phase 1 (30- percent compliance) connector pipe screens recommended by staff. Although the

previous bids are no longer valid, indications are that the costs are likely to be within 10-20 percent of the prior bid, somewhere between $200,000 and $250,000.

Completing the work will provide better data on trash/litter to be used in future Track 1 or 2 efforts.
• Maintenance of the Phase 1 (30-percent compliance) connector pipe screens recommended by staff is manageable by PW Operations. Further, maintenance of Phase 2 and Phase 3 (100-percent compliance) is predictable and within the capabilities of the Maintenance Worker 1/2 classification. New equipment and staffing would be necessary for work beyond 30-percent. • The placement of hydrodynamic separators would be the easiest from a construction perspective and ease of maintenance. The upfront capital costs are significantly higher than the connector pipe screens. Long-term maintenance costs are minimal.
• Track 2 compliance is an option for the City to consider. As noted in the report, the Water Board sees Track 2 as a “last resort” option and may not support the City’s request. Staff is recommending that Track 2 only be used to address Phase 2 and Phase 3 (100-percent compliance). Actual costs are difficult to estimate until a Plan is developed. Evaluating Track 2 does not foreclose on implementing via Track 1 options.

ALTERNATIVES
With regard to the City's initial 30-percent trash capture obligation, consider the following alternatives:

1. Proceed with the installation of fabrication and installation of 73 connector pipe screens (a type of certified full trash capture system) to meet the City's December 2026, 30-percent MS4 trash capture mandate. Staff is recommending this method, given that the units are certified by the Water Board to meet MS4 trash capture obligations.

2. The City Council could direct staff to pursue the study and implementation of hydrodynamic separators in priority land use areas. This option is not recommended to meet the 30-percent MS4 requirement as there is insufficient time to conduct a study, prepare a finance plan, and implement hydrodynamic separators to meet the December 2026 deadline. Further, there is insufficient funding available to implement hydrodynamic separators at present.

3. The City Council could direct staff to pursue a Track 2 compliance method to meet the 30-percent MS4 requirement. Staff evaluated Track 2 and concluded that there is a certified compliance method available (pipe connector screens) and sufficient available funds, and therefore, Track 2 (per Water Board directive) was not a viable option for meeting the 30-percent obligation.