December 8, 2025 | 6:00 PM Page 1 of 9 City Council
Regular Meeting
CITY COUNCIL
REGULAR MEETING
AGENDA
CITY CHAMBERS, CITY HALL
7351 ROSANNA STREET, GILROY, CA
95020
MONDAY, DECEMBER 8, 2025 | 6:00 PM
MAYOR
Greg Bozzo
COUNCIL MEMBERS
Dion Bracco
Tom Cline
Terence Fugazzi
Zach Hilton
Carol Marques
Kelly Ramirez
CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING
COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker. **Please limit your comments to 3 minutes.** The amount of time allowed per speaker may vary at the Mayor’s discretion depending on the number of speakers and length of the agenda.
Written comments on any agenda item may be emailed to the City Clerk’s Office at [email protected] or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1 p.m. on the day of a Council meeting will be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street prior to the meeting. Any correspondence received will be incorporated into the meeting record. Items received after the 1 p.m. deadline will be provided to the City Council as soon as practicable. Written comments are also available on the City’s Public Records Portal at bit.ly/3NuS1IN.
In compliance with the Americans with Disabilities Act, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at least 72 hours prior to the meeting at (408) 846-0204 or [email protected] to help ensure that reasonable arrangements can be made.
If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure.
A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City.
Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available with the agenda packet on the City website at www.cityofgilroy.org subject to the Staff’s ability to
December 8, 2025 | 6:00 PM Page 2 of 9 City Council
Regular Meeting
post the documents before the meeting.
KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE Government's duty is to serve the public, reaching its decisions in full view of the public.
Commissions, task forces, councils and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT
ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A
VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-0204.
If you need assistance with translation and would like to speak during public comment, please contact the City Clerk a minimum of 72 hours prior to the meeting at 408-846-0204 or e-mail the City Clerk’s Office at [email protected].
Si necesita un intérprete durante la junta y gustaría dar un comentario público, comuníquese con el Secretario de la Ciudad un mínimo de 72 horas antes de la junta al 408- 846-0204 o envíe un correo electrónico a la Oficina del Secretario de la Ciudad a [email protected].
To access written translation during the meeting, please scan the QR Code or click this link:
Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace:
bit.ly/3FBiGA0
Choose Language and Click Attend | Seleccione su lenguaje y haga clic en asistir
Use a headset on your phone for audio or read the transcript on your device.
Use sus auriculares para escuchar el audio o leer la transcripción en el dispositivo.
The agenda for this regular meeting is outlined as follows:
1. OPENING
1.1. Call to Order
1.2. Pledge of Allegiance
1.3. Invocation
1.4. City Clerk's Report on Posting the Agenda
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Regular Meeting
1.5. Roll Call
1.6. Orders of the Day
1.7. Employee Introductions
2. PRESENTATIONS TO THE COUNCIL
2.1. Presentation of the 2025 City of Gilroy Highlights Video
2.2. Children's Advocacy Center (CAC) For South County Presentation
2.3. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY
COUNCIL
This portion of the meeting is reserved for persons desiring to address the Council on matters within the Gilroy City Council’s jurisdiction but not on the agenda. Persons wishing to address the Council are requested to complete a Speaker’s Card located at the entrances and handed to the City Clerk. Speakers are limited to 1 to 3 minutes each, varying at the Mayor’s discretion depending on the number of speakers and length of the agenda. The law does not permit Council action or extended discussion of any item not on the agenda except under special circumstances. If Council action is requested, the Council may place the matter on a future agenda.
Written comments to address the Council on matters not on this agenda may be e-mailed to the City Clerk’s Office at [email protected] or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1:00 pm on the day of a Council meeting will be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street, prior to the meeting. Any correspondence received will be incorporated into the meeting record. Items received after the 1:00pm deadline will be provided to the City Council as soon as practicable. Written material provided by public members under this section of the agenda will be limited to 10 pages in hard copy. An unlimited amount of material may be provided electronically.
3. REPORTS OF COUNCIL MEMBERS
Council Member Bracco – Downtown Committee, Santa Clara County Library Joint Powers Authority, Santa Clara Water Commission, Santa Clara Valley Water Joint Water Resources Committee, SCRWA
Council Member Fugazzi – Santa Clara Water Commission (alternate), Silicon Valley Regional Interoperability Authority Board (alternate), SCRWA, Visit Gilroy California Welcome Center, VTA Mobility Partnership Committee
Council Member Marques – ABAG, Downtown Committee, Santa Clara County Library Joint
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Regular Meeting
Powers Authority (alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, SCRWA (alternate) Council Member Hilton – CalTrain Policy Group, Santa Clara County Expressway Plan 2040 Advisory Board (alternate), Silicon Valley Clean Energy Authority JPA Board, South County Youth Task Force Policy Team, VTA Policy Advisory Committee Council Member Ramirez – ABAG (alternate), Gilroy Gardens Board of Directors (alternate), Gilroy Sister Cities, Gilroy Youth Task Force (alternate), SCRWA, Santa Clara Housing and Community Development Advisory Committee
Council Member Cline – CalTrain Policy Group (alternate), Gilroy Sister Cities (alternate), Gilroy Youth Task Force, Santa Clara County Expressway Plan 2040 Advisory Board, Silicon Valley Clean Energy Authority JPA Board (alternate), Silicon Valley Regional Interoperability Authority Board, Visit Gilroy California Welcome Center (alternate), VTA Mobility Partnership Committee, VTA Policy Advisory Committee (alternate)
Mayor Bozzo – Gilroy Gardens Board of Directors, Santa Clara Valley Water Joint Water Resources Committee, South County Youth Task Force Policy Team, VTA Board of Directors (alternate), Santa Clara Housing and Community Development Advisory Committee (alternate)
4. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of the City Council or a member of the public. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar prior to the time the City Council votes to approve. If removed, the item will be discussed in the order in which it appears.
4.1. Approve the minutes of the November 17, 2025 City Council Regular Meeting
4.2. Approve Notice of Acceptance of Completion, and Reduction of the Faithful Performance and Payment Security Bonds for Property Improvement Agreement No. 2020-01, Town Center Multifamily Tract 10472
4.3. Approve Notice of Acceptance of Completion, and Reduction of the Faithful Performance and Payment Security Bonds for Property Improvement Agreement No. 2020-02, Nebbiolo Malvasia The Glen Tract 10520
4.4. Acceptance of the Annual Development Impact Fee Report for Fiscal Year 2024- 2025 as Required under Government Code 66000
4.5. Approval of a Contract Amendment to the Tree Maintenance Contract with West Coast Arborists, Inc in the Amount of $69,319 for Hecker Pass Tree Pruning
4.6. Adopt a FY26 and FY27 Budget Amendment Resolution to the Police Department BSCC Title II Grant Fund for $290,225 and Approve a First Amendment To Agreement for Services of $116,617.50 with Youth Alliance for the South County
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Restorative Justice Youth Diversion Program from January 1, 2026 through September 30, 2026
4.7. Award a Contract to Youth Alliance for $130,105.14 for South County Youth Task Force (SCYTF) School-Based Youth Services
4.8. Approve the Second Amendment to the Agreement with Cal-West 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)
4.9. Receive Report Regarding Upcoming 2026 Commission Vacancies per Maddy Act
4.10. Authorization for Council Member Travel to the League of California Cities 2026 Mayors and Council Members Academy
4.11. Adopt an Ordinance to Amend Board and Commission Terms and Appointment Process
4.12. Authorize the Surplus of Sixteen Vehicles/Equipment and Authorize the Disposal of the Surplus by Auction
4.13. Claim of Antonio Garcia (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute denial of the claim)
4.14. Claim of Stephanie Moretto (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute denial of the claim)
4.15. Claim of Jeff Scherck (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute denial of the claim)
5. PUBLIC HEARINGS
5.1. 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
1. Disclosure of Ex-Parte Communications
2. Staff Report:
Sharon Goei, Community Development Director
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
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
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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.
6. INTRODUCTION OF NEW BUSINESS
6.1. Commemorative Flag Application Review for Calendar Year 2026
1. Staff Report:
Bryce Atkins, Assistant to the City Administrator
2. Public Comment
3. Possible Action:
Council consideration regarding the Commemorative Flag Flying Application for the Progressive Pride Flag.
6.2. Consideration of options and recommendations for meeting State-mandated stormwater trash capture requirements.
1. Staff Report:
John Doughty, Public Works Director
2. Public Comment
3. Possible Action:
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 hydrodynamic 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
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MS4 trash capture mandates under the Track 2 compliance option.
6.3. Mayoral Appointments of Council Members to Serve in Regional Representative Seats and Seats on Local Boards and Committees
1. Staff Report:
Kim Mancera, City Clerk
2. Public Comment
3. Possible Action:
Approve representative seat assignments as determined by Mayor Bozzo per California Government Code Section 40605.
6.4. Appointment of Council Member Zach Hilton to the position of Mayor Pro Tempore for 2026
1. Staff Report:
Kim Mancera, City Clerk
2. Public Comment
3. Possible Action:
Appointment of Council Member Zach Hilton to the position of Mayor Pro Tempore for 2026.
6.5. Consent the Appointment of Scot Smithee (CalPERS Retired Annuitant) as the Interim Police Chief Following Successful Completion of all Peace Officer Standards & Training (POST) Hiring Requirements and Adoption of a Resolution Approving the Appointment and Employment Agreement
1. Staff Report:
LeeAnn McPhillips, Assistant City Administrator/HR Director
2. Public Comment
3. Possible Action:
a) Consent the City Administrator's recommendation to appoint Scot Smithee (CalPERS Retired Annuitant) as Interim Police Chief effective upon successful completion of all Peace Officer Standards & Training (POST) Hiring Requirements.
b) Adopt a resolution of the City Council of the City of Gilroy approving the appointment of Scot Smithee (CalPERS Retired Annuitant) as Interim Police Chief pursuant to Government Code Section 21221(h) and authorizing the City Administrator to execute the employment agreement to include setting the employment start date following successful completion of all POST hiring requirements.
6.6. Consent the Appointment of Karl Bjarke (CalPERS Retired Annuitant) as the Interim Utilities Director Effective December 23, 2025 and Adoption of a Resolution Approving the Appointment and Employment Agreement
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1. Staff Report:
LeeAnn McPhillips, Assistant City Administrator/HR Director
2. Public Comment
3. Possible Action:
a) Consent the City Administrator's recommendation to appoint Karl Bjarke (CalPERS Retired Annuitant) as Interim Utilities Director effective December 23, 2025.
b) Adopt a resolution of the City Council of the City of Gilroy approving the appointment of Karl Bjarke (CalPERS Retired Annuitant) as Interim Utilities Director effective December 23, 2025 pursuant to Government Code Section 21221(h) and authorizing the City Administrator to execute the employment agreement.
6.7. Consent the Appointment of LeeAnn McPhillips (CalPERS Retired Annuitant as of December 31, 2025) as the Interim Administrative Services & Human Resources Director/Risk Manager Effective December 31, 2025 and Adoption of a Resolution Approving the Appointment and Employment Agreement and Waiving the 180-Day Wait Period for Post-Retirement Employment
1. Staff Report:
Brad Kilger, City Administrator
2. Public Comment
3. Possible Action:
a) Consent the City Administrator's recommendation to appoint LeeAnn McPhillips (CalPERS Retired Annuitant as of December 31, 2025) as Interim Administrative Services & Human Resources Director/Risk Manager effective December 31, 2025.
b) Adopt a resolution of the City Council of the City of Gilroy approving the appointment of LeeAnn McPhillips (CalPERS Retired Annuitant as of December 31, 2025) as Interim Administrative Services & Human Resources Director/Risk Manager effective December 31, 2025 and waiving the 180- day wait period for post-retirement employment pursuant to Government Code Section 21221(h) and Section 7522.56 authorizing the City Administrator to execute the employment agreement.
7. CITY ADMINISTRATOR'S REPORTS
8. CITY ATTORNEY'S REPORTS
9. CLOSED SESSION
9.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8
Property: APN 808-58-004
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Regular Meeting
Negotiators: Brad Kilger, Interim City Administrator, John Doughty, Director Public Works
Other Party to Negotiations: John Filice, Glen Loma
Negotiations: Price and Term of Payment for Sale and/or Lease
10. ADJOURN TO OPEN SESSION
11. ADJOURNMENT
FUTURE MEETING DATES
January 2026
05 26
City Council Regular Meeting - 6:00 p.m.
City Council Regular Meeting - 6:00 p.m.
February 2026
09 23
City Council Regular Meeting - 6:00 p.m.
City Council Regular Meeting - 6:00 p.m.
March 2026
02 16
City Council Regular Meeting - 6:00 p.m.
City Council Regular Meeting - 6:00 p.m.
Meetings are webstreamed on the City of Gilroy’s website at gilroy.city/meetings.
November 17, 2025 | 6:00 PM
1. OPENING
1. Call to Order
City of Gilroy
DRAFT
City Council
Minutes
Monday, November 17, 2025 | 6:00 PM
The meeting was called to order by Mayor Bozzo at 6:00 PM.
2. Roll Call
Attendance Attendee Name
Present Council Member Dion Bracco
Council Member Tom Cline
Council Member Terence Fugazzi
Council Member Carol Marques
Council Member Kelly Ramirez
Mayor Greg Bozzo
Absent Council Member Zach Hilton
3. City Clerk's Report on Posting the Agenda
City Clerk Kim Mancera reported on the Posting of the Agenda.
4. Pledge of Allegiance
Council Member Cline led the Pledge of Allegiance.
5. Invocation
Pastor Trevor Van Laar with Gilroy Presbyterian Church led the Invocation.
6. Orders of the Day
None.
7. Employee Introductions
Finance Director Harjot Sangha introduced Accounting Assistant Nallely Martinez.
2. CEREMONIAL ITEMS - Proclamations and Awards
1. Open Government Week Proclamation
Chair Shane Somavia provided the Open Government Commission year-end report and presentation.
3. PRESENTATIONS TO THE COUNCIL
1. Annual Presentation by the Planning Commission
Chair Manny Bhandal provided the Planning Commission year-end report and
November 17, 2025 | 6:00 PM
presentation.
2. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY
COUNCIL
Mayor Bozzo opened public comment at 6:20 P.M.
Ann Marie McCauley - commented on the unhoused issue in Gilroy and thanked Mayor Bozzo and Council Member Ramirez for being involved.
Paul Van Pelt - commented on his RV being towed from in front of his house.
Greg Felios - commented on the State of the City address.
Ron Kirkish - commented on the information he received regarding the DA rejecting prosecuting referrals in 2025.
With no further speakers, Mayor Bozzo closed public comment.
4. REPORTS OF COUNCIL MEMBERS
1. Council Member Bracco – Downtown Committee, Santa Clara County Library Joint Powers Authority, Santa Clara Water Commission, Santa Clara Valley Water Joint Water Resources Committee, SCRWA
Council Member Fugazzi – Santa Clara Water Commission (alternate), Silicon Valley Regional Interoperability Authority Board (alternate), SCRWA, Visit Gilroy California Welcome Center, VTA Mobility Partnership Committee Council Member Marques – ABAG, Downtown Committee, Santa Clara County Library Joint Powers Authority (alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, SCRWA (alternate)
Council Member Hilton – CalTrain Policy Group, Santa Clara County Expressway Plan 2040 Advisory Board (alternate), Silicon Valley Clean Energy Authority JPA Board, South County Youth Task Force Policy Team, VTA Policy Advisory Committee
Council Member Ramirez – ABAG (alternate), Gilroy Gardens Board of Directors (alternate), Gilroy Sister Cities, Gilroy Youth Task Force (alternate), SCRWA, Santa Clara Housing and Community Development Advisory Committee
Council Member Cline – CalTrain Policy Group (alternate), Gilroy Sister Cities (alternate), Gilroy Youth Task Force, Santa Clara County Expressway Plan 2040 Advisory Board, Silicon Valley Clean Energy Authority JPA Board (alternate), Silicon Valley Regional Interoperability Authority Board, Visit Gilroy California Welcome Center (alternate), VTA Mobility Partnership
November 17, 2025 | 6:00 PM
Committee, VTA Policy Advisory Committee (alternate)
Mayor Bozzo – Gilroy Gardens Board of Directors, Santa Clara Valley Water Joint Water Resources Committee, South County Youth Task Force Policy Team, VTA Board of Directors (alternate), Santa Clara Housing and Community Development Advisory Committee (alternate)
Council Member Bracco - No report.
Council Member Fugazzi - No report.
Council Member Marques - Wished Council Member Bracco and Council Member Ramirez a happy belated birthday.
Council Member Ramirez - Thanked Miguel Flacker for putting on the Veteran's Day Parade. She shared that she had the opportunity to ride along with the Chestnut St Fire Station. She thanked the Gilroy Fire Department for their professionalism. She encouraged her fellow Council Members to participate in a ride-along.
Council Member Cline - Thanked Miguel Flacker for putting on the Veteran's Day parade.
Mayor Bozzo - Thanked City Staff and Public Works Director for the great work on the paving program this year.
5. CONSENT CALENDAR
Mayor Bozzo opened public comment at 6:33 P.M.
With no speakers, Mayor Bozzo closed public comment.
Motion
Approve the consent calendar.
RESULT: Passed
MOVER: Council Member Tom Cline
SECONDER: Council Member Kelly Ramirez
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo
NAYS: None
ABSENT: Council Member Zach Hilton
1. Approve the minutes of the November 3, 2025 City Council Study Session and the November 3, 2025 City Council Regular Meeting
2. Authorization to Deaccession Artifacts from the Collection Managed by the Gilroy Museum
3. Acceptance of the Cash and Investment Report as of September 30, 2025
November 17, 2025 | 6:00 PM
4. Adoption of an Ordinance of the City Council of the City of Gilroy Amending Chapter 30, Article LIV of the Gilroy City Code Relating to Accessory Dwelling Units (Z 25-02)
5. Claim of Curtis Crackel (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute denial of the claim)
6. Claims of Yolanda Alanis and Tony Jose Alanis (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute denial of the claims)
7. Consider the Approval of Santa Clara Valley Habitat Agency to Proceed with a Habitat Plan Amendment
6. BIDS AND PROPOSALS
1. Award Two Opioid Remediation Grants, not-to-exceed $118,675 to Carry the Vision and $118,676 to Youth Alliance, for Opioid Remediation Services; Adopt a Resolution Amending the Fiscal Year 2026 Budget in the Opioid Settlement Fund by $237,352; and Authorize the City Administrator to Negotiate and Execute Final Grant Agreements
Deputy Director for Community Development Bryce Atkins provided a report and presentation.
Mayor Bozzo opened public comment at 6:41 P.M.
Ann Marie McCauley - commented on Carry the Vision and Youth Alliance and the work they do.
Mark Ashford - commented on his work with and the programs at Carry the Vision.
Mario Guerra - commented on his participation with Carry the Vision and how it has helped him.
Charles Good III - commented on the work of Carry the Vision.
Mario Castro - commented on his work with Carry the Vision and their programs.
Patricia Marquez-Singh - commented on her support of the work that Carry the Vision does.
Aubrey Tasby - commented on his participation with Carry the Vision.
Sam Brown Jr - commented on how Carry the Vision has helped him.
Ron Kirkish - commented on drug issues and thanked Carry the Vision for their comments.
With no further speakers, Mayor Bozzo closed public comment.
November 17, 2025 | 6:00 PM
Motion
Award opioid remediation grant, reimbursement-based and not to exceed $237,352 to Carry the Vision, for opioid remediation services.
RESULT: Passed
MOVER: Council Member Dion Bracco
SECONDER: Council Member Terence Fugazzi
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo
NAYS: None
ABSENT: Council Member Zach Hilton
Motion
Adopt a resolution amending the 2026 Fiscal Year Budget in the Opioid Settlement Fund by $237,352 and authorize the City Administrator to negotiate and execute the final grant agreement.
RESULT: Passed
MOVER: Council Member Tom Cline
SECONDER: Council Member Carol Marques
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo
NAYS: None
ABSENT: Council Member Zach Hilton
2. Award the Interim Aquatics Center Operator Contract to Swan Swimming, LLC for an Amount Not to Exceed $266,662 and Authorize the City Administrator to Complete Negotiations and Execute the Agreement
Deputy Director of Community Development Bryce Atkins provided a report and presentation.
Mayor Bozzo opened public comment at 7:14 P.M.
Alicia - commented on supporting the 1-year contract with Swimming Swan and would like to see the City of Gilroy take back the program.
With no further speakers, Mayor Bozzo closed public comment.
Motion
Award the interim aquatics center operator contract to The Swimming Swan, LLC for an amount not to exceed $266,662 and authorize the City Administrator to complete negotiations and execute the agreement.
RESULT: Passed
MOVER: Council Member Carol Marques
November 17, 2025 | 6:00 PM
SECONDER: Council Member Tom Cline
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo
NAYS: None
ABSENT: Council Member Hilton
7. INTRODUCTION OF NEW BUSINESS
1. Introduce for First Reading by Title Only An Ordinance to Amend Board and Commission Terms and Appointment Processes
City Clerk Kim Mancera provided a report.
Mayor Bozzo opened public comment at 7:23 P.M.
With no speakers, Mayor Bozzo closed public comment.
Motion
Read the ordinance by title only and waive further reading of the ordinance.
RESULT: Passed
MOVER: Council Member Kelly Ramirez
SECONDER: Council Member Carol Marques
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo
NAYS: None
ABSENT: Council Member Zach Hilton
Motion
Introduce the ordinance of the City Council of the City of Gilroy to reflect that all future terms will expire in odd-numbered years.
RESULT: Passed
MOVER: Council Member Tom Cline
SECONDER: Council Member Kelly Ramirez
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo
NAYS: None
ABSENT: Council Member Zach Hilton
2. Receive Budget Report for the First Quarter of Fiscal Year 2025-26 (FY26) and Adopt a Budget Amendment Resolution
Finance Director Harjot Sangha provided a report and presentation.
Mayor Bozzo opened public comment at 7:31 P.M.
November 17, 2025 | 6:00 PM
With no speakers, Mayor Bozzo closed public comment.
Motion
Receive the Budget Report for the First Quarter of Fiscal Year 2025-26 and adopt a budget amendment resolution.
RESULT: Passed
MOVER: Council Member Dion Bracco
SECONDER: Council Member Carol Marques
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo
NAYS: None
ABSENT: Council Member Zach Hilton
8. CITY ADMINISTRATOR'S REPORTS
Interim City Administrator Brad Kilger congratulated three employees, Fire Marshall Jonathan Crick, Human Resource Analyst Jason Davalos, and Deputy Public Works Director Matt Jones, who graduated from the Santa Clara County Leadership Academy.
9. CITY ATTORNEY'S REPORTS
City Attorney Andy Faber reported on a case with the California Supreme Court.
10. CLOSED SESSION
City Attorney Andy Faber announced the closed session items 10.1 and 10.2.
City Attorney Andy Faber opened public comment at 7:35 P.M.
With no speakers, City Attorney Andy Faber closed public comment.
Motion
Proceed into closed session.
RESULT: Passed
MOVER: None
SECONDER: None
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo
NAYS: None
ABSENT: Council Member Zach Hilton
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8 and Gilroy City Code Section 17A.8
Property: 7491 Railroad Street, APN 841-06-001
Negotiators: LeeAnn McPhillips, Assistant City Administrator, Administrative Services & Human Resources Director/Risk Manager; Sharon Goei,
November 17, 2025 | 6:00 PM
Community Development Director; Victoria Valencia, Economic Development Manager
Under Negotiations: Price and Terms of Payment for Purchase and/or Lease
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9 and Gilroy City Code Section 17A.11 Subdivision (3): One Case
11. ADJOURN TO OPEN SESSION
City Attorney Andy Faber announced that the only reportable action was a vote to remain in closed session.
Motion
Remain in closed session.
RESULT: Passed
MOVER: None
SECONDER: None
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo
NAYS: None
ABSENT: Council Member Zach Hilton
12. ADJOURNMENT
With no additional business before the Council, the meeting was adjourned at 8:04 P.M I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Gilroy on XXXXXXX, 20XX.
Kim Mancera
City Clerk
City of Gilroy
STAFF REPORT
Agenda Item Title: Approve Notice of Acceptance of Completion, and Reduction of the Faithful Performance and Payment Security Bonds for Property Improvement Agreement No. 2020-01, Town Center Multifamily Tract 10472
Meeting Date: December 8, 2025
From: Brad Kilger, Interim City Administrator
Department: Public Works
Submitted by: John Doughty, Public Works Director
Prepared by: Jorge Duran, Senior Civil Engineer
STRATEGIC PLAN GOALS: Promote Economic Development Activities
RECOMMENDATION
Approve the Notice of Acceptance of completion and reduction of the faithful performance and payment security bonds for property improvement agreement number 2020-01, Town Center Multifamily - Tract 10472.
EXECUTIVE SUMMARY
On and off-site improvements for the Town Center Multifamily - Tract 10472 have been completed. The Developer is seeking reduction in the performance bonds per City of Gilroy City Code. Staff is requesting that Council approve the Notice of Acceptance of Completion and Reduction of the Faithful Performance and Payement Security Bonds for Property Agreement 2020-01 for the Town Center Multifamily - Tract 10472.
BACKGROUND
In May 7, 2018, The Glen Loma Corporation (Developer) received Tentative Map approval for the Town Center Multifamily residential project, to create 23 multi-family condominium lots for up to 125 townhouse units located north of Santa Teresa Boulevard between West Tenth Street and Miller Avenue. [Reference: Resolution No. 2018-09, TM 17-01]. The approvals were to construct streets, utilities, landscaping,
lighting, fences, walls, and open space areas.
On September 21, 2020, The Christopher Family Partnership, Donald Christopher, and Filice Family Estate, received Council approval of Tract 10472 Final Map and the Property Improvement Agreement 2020-01 for the development of the site and related Public Improvements of the Town Center Multifamily subdivision.
The developer has paid plan check and inspection fees, submitted bonding and insurance for the above referenced Property Improvement Agreement and Tract Map.
ANALYSIS
Chapter 21, Article III, Section 21.81 of the City Code allows the City Council to authorize a reduction in the payment and performance bonds that the builder provided prior to the Property Improvement Agreements being accepted by Council. The amount of the bond reduction is consistent with the amount of work completed at the time of request. A maintenance bond in the amount of 10% of the construction cost ensures that defective or damaged improvements will be corrected during the one-year maintenance warranty period. The project’s actual improvement costs have been reviewed to ensure that the Maintenance Security amount covers any anticipated issue with the installed improvements.
The developer, The Christopher Family Partnership, Donald Christopher, and Filice Family Estate request a reduction of Tract 10472 Faithful Performance and Payment Bonds to a Maintenance Bond. This Maintenance Bond is 10% of the bonds value for the Tract improvements bond, reducing it for Tract 10472 from the original $6,999,071 to $699,907. The original security provided for 100% of the estimated construction cost and payment for tract improvements, which consist of new streets, grading, curb, gutter, sidewalk, utilities, landscape, and electrical lighting.
The project is fully complete, and the Notice of Completion document is ready for acceptance and recordation with Santa Clara County. Attachment 3 contains the Notice of Completion.
ALTERNATIVES
Deny the request to approve the Notice of Acceptance and reduction of the bonds. Staff does not recommend this option as it will cause costly and unnecessary development delays.
FISCAL IMPACT/FUNDING SOURCE
The developer has paid plan check and inspection fees, submitted bonding and insurance for the above referenced Property Improvement Agreement and Tract Map.
The Faithful Performance and Payment Bonds held as security will be reduced from
$6,999,071 to $699,907.
PUBLIC OUTREACH
N/A
NEXT STEPS
N/A
Attachments:
1. Exhibit A - Vicinity Map GLR TCMF Tract 10472
2. Exhibit B - PIA GLR TCMF Tract 10472
3. Exhibit C - NOC_Town Center
SEPARATE PAGE PURSUANT TO GOVT. CODE 27361.6
RECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED MAIL TO:
Thai Pham
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
NOTICE OF ACCEPTANCE OF COMPLETION
NOTICE IS HEREBY GIVEN that work agreed to be performed under the property agreement between the City of Gilroy, a municipal corporation, whose address is 7351 Rosanna Street, Gilroy, CA 95020, and the Contractor mentioned below who developed said project, was accepted as completed by the City of Gilroy on the.
Project No.: Property Improvement Agreement No. 2020-01, Project Name Tract 10472 Town Center Multifamily
Contractor Name: KB Home South Bay Inc
Contractor Address: 6700 Koll Center Pkwy, Ste 200 Pleasanton, CA 94566 Surety on Contract: Liberty Mutual Insurance Company
Location of Project: Glen Loma Ranch, Tract 10472
Description of Work: Tract Improvements
Interest of City: x Owner in Fee: Vendee under Agreement to Purchase; Lessee; x Owner of Easements; Holder of License; Owner of Streets; x Owner of Utilities, Water, Sewer, Storm Systems
Owner's Name: City of Gilroy
Work Done: Install underground utilities, electrical, landscape, and open space __________________________________________________________ This notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California.
The undersigned declares:
That he is an officer of the City of Gilroy, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters that he believes it to be true.
I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Gilroy, County of Santa Clara, State of California on December 8, 2026.
CITY OF GILROY
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA BY
Jorge Duran
TITLE Senior Engineer.
This document is for the benefit of the City of Gilroy. Request for Recordation without fee is made in accordance with Section 27383 of the Government Code of the State of California.
SEPARATE PAGE PURSUANT TO GOVERNMENT CODE SECTION 27361.6 RECORDING REQUESTED BY: )
)
City of Gilroy )
)
)
)
WHEN RECORDED, MAIL TO: )
Kim Mancera, City Clerk )
City of Gilroy )
7351 Rosanna Street )
Gilroy, CA 95020 )
RECORDED WITHOUT FEE PER CALIFORNIA GOVERNMENT CODE SECTION 27383 (SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NOTICE OF ACCEPTANCE OF COMPLETION
PROPERTY IMPROVEMENT AGREEMENT NO. 2020-01
PROJECT NAME - Tract 10472, Town Center Multifamily:
DEVELOPER NAME : KB Home South Bay
City of Gilroy
STAFF REPORT
Agenda Item Title: Approve Notice of Acceptance of Completion, and Reduction of the Faithful Performance and Payment Security Bonds for Property Improvement Agreement No. 2020-02, Nebbiolo
Malvasia The Glen Tract 10520
Meeting Date: December 8, 2025
From: Brad Kilger, Interim City Administrator
Department: Public Works
Submitted by: John Doughty, Public Works Director
Prepared by: Jorge Duran, Senior Civil Engineer
STRATEGIC PLAN GOALS: Promote Economic Development Activities
RECOMMENDATION
Approve the Notice of Acceptance of completion and reduction of the faithful performance and payment security bonds for property improvement agreement number 2020-02, Nebbiolo, Malvasia, The Glen - Tract 10520.
EXECUTIVE SUMMARY
On and off-site improvements for Nebbiolo, Malvasia, The Glen - Tract 10520 have been completed. The Developer is seeking reduction in the performance bonds per City of Gilroy City Code. Staff is requesting that Council approve the Notice of Acceptance of Completion and Reduction of the Faithful Performance and Payement Security Bonds for Property Agreement number 2020-02 for Nebbiolo, Malvasia, The Glen - Tract 10520.
BACKGROUND
In August 5, 2019, The Glen Loma Corporation (Developer) received Tentative Map approval for the Nebbiolo, Malvasia, The Glen residential project, to create 171 singlefamily residential lots located north of Santa Teresa Boulevard, between Merlot Drive and Miller Avenue. [Reference: Resolution No. 2019-46, TM 18-02]. The approvals were
to construct streets, utilities, landscaping, lighting, fences, walls, and open space areas.
On September 21, 2020, The Christopher Family Partnership, Donald Christopher, and Filice Family Estate, received Council approval of Tract 10520 Final Map and the Property Improvement Agreement 2020-02 for the development of the site and related Public Improvements of the Nebbiolo, Malvasia, and The Glen subdivision.
The developer has paid plan check and inspection fees, submitted bonding and insurance for the above referenced Property Improvement Agreement and Tract Map.
ANALYSIS
Chapter 21, Article III, Section 21.81 of the City Code allows the City Council to authorize a reduction in the payment and performance bonds that the builder provided prior to the Property Improvement Agreements being accepted by Council. The amount of the bond reduction is consistent with the amount of work completed at the time of request. A maintenance bond in the amount of 10% of the construction cost ensures that defective or damaged improvements will be corrected during the one-year maintenance warranty period. The project’s actual improvement costs have been reviewed to ensure that the Maintenance Security amount covers any anticipated issue with the installed improvements.
The developer, The Christopher Family Partnership, Donald Christopher, and Filice Family Estate request a reduction of Tract 10520 Faithful Performance and Payment Bonds to a Maintenance Bond. This Maintenance Bond is 10% of the bonds value for the Tract improvements bond, reducing it for Tract 10520 from the original $11,646,051 to $1,164,605. The original security provided for 100% of the estimated construction cost and payment for tract improvements, which consist of new streets, grading, curb, gutter, sidewalk, utilities, landscape, and electrical lighting.
The project is fully complete, and the Notice of Completion document is ready for acceptance and recordation with Santa Clara County. Attachment 3 contains the Notice of Completion.
ALTERNATIVES
Deny the request to approve the Notice of Acceptance and reduction of the bonds. Staff does not recommend this option as it will cause costly and unnecessary development delays.
FISCAL IMPACT/FUNDING SOURCE
The developer has paid plan check and inspection fees, submitted bonding and insurance for the above referenced Property Improvement Agreement and Tract Map.
The Faithful Performance and Payment Bonds held as security will be reduced from
$11,646,051 to $1,164,605.
PUBLIC OUTREACH
N/A
NEXT STEPS
N/A
Attachments:
1. Exhibit A - Vicinity Map GLR Neb Mal Glen Tract 10520
2. Exhibit B - PIA GLR Neb Mal Glen Tract 10520
3. Exhibit C - NOC_Neb Malv Glen
SEPARATE PAGE PURSUANT TO GOVT. CODE 27361.6
RECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED MAIL TO:
Thai Pham
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
NOTICE OF ACCEPTANCE OF COMPLETION
NOTICE IS HEREBY GIVEN that work agreed to be performed under the property agreement between the City of Gilroy, a municipal corporation, whose address is 7351 Rosanna Street, Gilroy, CA 95020, and the Contractor mentioned below who developed said project, was accepted as completed by the City of Gilroy on the.
Project No.: Property Improvement Agreement No. 2020-02, Project Name Tract 10520 Nebbiolo, Malvasia, The Glen
Contractor Name: KB Home South Bay Inc
Contractor Address: 6700Koll Center Pkwy, Ste 200 Pleasanton, CA 94566 Surety on Contract: Liberty Mutual Insurance Company
Location of Project: Glen Loma Ranch, Tract 10520
Description of Work: Tract Improvements
Interest of City: x Owner in Fee: Vendee under Agreement to Purchase; Lessee; x Owner of Easements; Holder of License; Owner of Streets; x Owner of Utilities, Water, Sewer, Storm Systems
Owner's Name: City of Gilroy
Work Done: Install underground utilities, electrical, landscape, and open space __________________________________________________________ This notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California.
The undersigned declares:
That he is an officer of the City of Gilroy, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters that he believes it to be true.
I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Gilroy, County of Santa Clara, State of California on December 8, 2025.
CITY OF GILROY
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA BY
Jorge Duran
TITLE Senior Engineer.
This document is for the benefit of the City of Gilroy. Request for Recordation without fee is made in accordance with Section 27383 of the Government Code of the State of California.
SEPARATE PAGE PURSUANT TO GOVERNMENT CODE SECTION 27361.6 RECORDING REQUESTED BY: )
)
City of Gilroy )
)
)
)
WHEN RECORDED, MAIL TO: )
Kim Mancera, City Clerk )
City of Gilroy )
7351 Rosanna Street )
Gilroy, CA 95020 )
RECORDED WITHOUT FEE PER CALIFORNIA GOVERNMENT CODE SECTION 27383 (SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NOTICE OF ACCEPTANCE OF COMPLETION
PROPERTY IMPROVEMENT AGREEMENT NO. 2020-02
PROJECT NAME - Tract 10520, Nebbiolo, Malvasia, The Glen DEVELOPER NAME: KB Home South Bay
City of Gilroy
STAFF REPORT
Agenda Item Title: Acceptance of the Annual Development Impact Fee Report for Fiscal Year 2024-2025 as Required under Government
Code 66000
Meeting Date: December 8, 2025
From: Brad Kilger, Interim City Administrator
Department: Finance
Submitted by: Harjot Sangha, Finance Director
Prepared by: Rosemary Guerrero, Finance Manager
STRATEGIC PLAN GOALS: Develop a Financially Resilient Organization
RECOMMENDATION
Accept and file the annual development impact fee report for Fiscal Year 2024-2025 (FY25).
EXECUTIVE SUMMARY
In accordance with the Mitigation Fee Act (Act), Government Code 66000 et seq., the City must annually review and make a public report on development impact fees. As such, the attached report is prepared and made available in accordance with the required provisions of the State law.
BACKGROUND
The Mitigation Fee Act, Government Code 66000 et seq., (adopted as AB 1600 and commonly referred to as “AB 1600 requirements”) governs the establishment and administration of development impact fees paid by new development projects for public facilities needed to serve new development. Fees must be separately accounted for and used for the specific purpose for which they were established. The City’s development impact fees are listed on page seven of the attachment. Expenditures are authorized by Council through annual capital and operating budgets and committed via the City’s fiveyear capital improvement program.
ANALYSIS
This report is for information purposes only. The establishment of fees and expending of fee-generated revenue occurs in separate Council actions. The revenues and expenditures for FY25 (July 1, 2024, through June 30, 2025) are noted on each impact fee fund’s respective statement in the attached report.
ALTERNATIVES
None.
FISCAL IMPACT/FUNDING SOURCE
This report has no direct fiscal impacts as this report only provides information describing each development impact fee and a list of revenues, expenditures, and fund balance for each impact fee fund. The preparation of this report is an annual workplan item of the Finance Department.
Attachments:
1. FY25 Impact Fee Report
Account FY2025
FUND 410 - Storm Drain Development Impact Fee Number AB 1600 Revenues
Storm Drain Development Impact Fees 4105500 45150 $ 31,196 Bank Interest 4105500 46110 $ 74,401
Transfer from General Fund 4105500 48110 12,268
Total Revenues $ 117,865
Expenditures
Contractual Services 4105500 51630 1,827
Overhead Expenses 4105500 54150 760
Total Expenditures $ 2,587
Revenues Less Expenditures $ 115,278
Fund Balance as of June 30, 2024 2,264,727
Fund Balance as of June 30, 2025 2,380,005 $
Relationship between and purpose for which fee is charged:
Storm Drain Impact Fee charges are as follows:
Residential - Low Density $631/acre
Residential - High Density $992/acre
Commercial $1,712/acre
Commercial-Assembly Hall $631/acre
Industrial $1,264/acre
City of Gilroy
Impact Fee Revenues and Expenditures
For Fiscal Year 2024-2025
Fees are to finance the construction of drainage collection and conveyance systems in conformance with the Gilroy Storm Drain Master Plan in order to accommodate development of new residential, commercial, and industrial uses as well as expand system capacity. Projects are identified and undertaken in compliance with updated and approved master plans based on population projections, the General Plan policies, land use needs, and other standards approved by the City Council.
Account FY2025
FUND 420 - Street Tree Development Impact Fee Number AB 1600 Revenues
Bank Interest 4205500 46110 8,245
Transfer from General Fund 4205500 48110 55
Total Revenues $ 8,300
Expenditures
Overhead Expenses 248
Total Expenditures $ 248
Revenues Less Expenditures $ 8,052
Fund Balance as of June 30, 2024 178,974
Fund Balance as of June 30, 2025 187,026 $
Relationship between and purpose for which fee is charged:
Street Trees Impact Fee charges are as follows:
City Planting and Replacement $3.79/ff
City of Gilroy
Impact Fee Revenues and Expenditures
For Fiscal Year 2024-2025
The Street Tree Development Impact Fund collects a front footage fee to plant trees in new developments.
Account FY2025
FUND 425 - Traffic Impact Fee Number AB 1600
Revenues
Traffic Impact Fees 4255500 45150 $ 1,988,918
Bank Interest 4255500 46110 849,406
Transfer from General Fund 4255500 48110 97,538
Total Revenues $ 2,935,862
Expenditures
Contractual Services 4255500 51630 117,790
CIP - First & Kern 4255500 53142 191,122
CIP - Luchessa/Church Signal 4255500 53142 50,024
CIP - Monterey/IOOF Signal 4255500 53142 42,943
CIP - 10th St HWY 101 Bridge Widening 4255500 53142 600,000 Interfund Transfer Out 4255500 54110 1,046,337
Overhead Charges 4255500 54150 9,898
Total Expenditures $ 2,058,114
Revenues Less Expenditures $ 877,748
Fund Balance as of June 30, 2024 17,528,110
Fund Balance as of June 30, 2025 18,405,858 $
Relationship between and purpose for which fee is charged:
Traffic Impact Fee charges are as follows:
Residential - Low Density $13,804/unit
Residential - High Density $11,190/unit
Commercial - Low Traffic $15,274/ksf
Commercial - High Traffic $30,853/ksf
Industrial - General $6,052/ksf
Industrial - Warehouse $4,387/ksf
City of Gilroy
Impact Fee Revenues and Expenditures
For Fiscal Year 2024-2025
Fees are to finance the construction of streets, bridges, interchanges and traffic signals as identified in the City's General Plan Circulation Element to accommodate development of new residential, commercial, and industrial uses for the purpose of expanding transportation system capacity. Projects are completed in conformance with approved master plans based on the General Plan, population projections, land use, and other standards approved by the City Council.
Account FY2025
FUND 430 - Sewer Development Impact Fee Number AB 1600
Revenues
Sewer Development Impact Fees 4305500 45150 $ 1,153,573 Bank Interest 4305500 46110 772,851
Transfer from General Fund 4305500 48110 56,702
Total Revenues $ 1,983,126
Expenditures
Contractual Services 4305500 51630 $ 3,247
Interfund Transfer Out 4305500 54110 2,244,400
Total Expenditures $ 2,247,647
Revenues Less Expenditures $ (264,520)
Fund Balance as of June 30, 2024 17,322,624
Fund Balance as of June 30, 2025 17,058,104 $
Relationship between and purpose for which fee is charged:
Sewer Development Impact Fee charges are as follows:
Residential - Low Density $14,002/unit
Residential - High Density $7,576/unit
Commercial $4,431/cgpd
Industrial $4,431/cgpd
City of Gilroy
Impact Fee Revenues and Expenditures
For Fiscal Year 2024-2025
Fees are to finance the construction of expanded sewer collection, treatment and conveyance systems as identified in the Sewer Master Plan in order to accommodate development of new residential, commercial, and industrial uses based on standards adopted by the City Council.
Account FY2025
FUND 435 - Water Development Impact Fee Number AB 1600
Revenues
Water Development Impact Fees 4355500 45150 $ 301,317
Bank Interest 4355500 46110 339,667
Transfer from General Fund 4355500 48110 11,786
Total Revenues $ 652,770
Expenditures
Contractual Services 4355500 51630 3,247
CIP - McCarthy Well Project 4355500 53142 24,264
Total Expenditures $ 27,510
Revenues Less Expenditures $ 625,260
Fund Balance as of June 30, 2024 7,157,919
Fund Balance as of June 30, 2025 7,783,179 $
Relationship between and purpose for which fee is charged:
Water Development Impact Fee charges are as follows:
Residential - Low Density $4,810/unit
Residential - High Density $1,945/unit
Commercial $7,539/kgpd
Industrial $7,539/kgpd
City of Gilroy
Impact Fee Revenues and Expenditures
For Fiscal Year 2024-2025
Fees are to finance the construction of improvements and expansion of water production, transmission, distribution and storage systems within Pressure Zone 1 as described in the Water Master Plan. This includes costs necessary to accommodate the capacity requirements of new residential, commercial and industrial uses and in accordance with the General Plan, population increase projections and other standards established by the City Council.
Account FY2025
FUND 440 - Public Facilities Impact Fee Number AB 1600
Revenues
Public Facilities Impact Fees 4405500 45150 $ 1,578,836 Bank Interest 4405500 46110 93,415
Misc Revenues 4405500 47810 207,265
Interfund Transfer In 4405500 48110 81,526
Total Revenues $ 1,961,042
Expenditures
Contractual Services 4405500 51630 62,344
CIP - Gilroy Ice Center 4405500 53142 424,946
CIP - Civic Center Master Plan 4405500 53142 432,700
Interfund Transfer Out 4405500 54110 2,978,011
Overhead Charges 4405500 54150 16,187
Interfund Interest Expense 4405500 58125 29,179
Total Expenditures $ 3,943,366
Revenues Less Expenditures $ (1,982,324)
Fund Balance as of June 30, 2024* (318,629)
Fund Balance as of June 30, 2025* (2,300,953) $
Relationship between and purpose for which fee is charged:
Public Facility Impact charges are as follows:
Residential - Low Density $23,878/unit
Residential - High Density $20,089/unit
Commercial $3,598/ksf
Industrial $1,594/ksf
City of Gilroy
Impact Fee Revenues and Expenditures
For Fiscal Year 2024-2025
Fees are to finance the construction of parks, police, fire, library, and other recreational facilities as identified in the Public Facilities Master Plan based on the need to expand City facility capacity to accommodate new development and pursuant to standards approved by the City Council. *Note that in 2008 the City purchased the Gilroy Gardens Property for $13.7 million, of which there is a remaining balance of approximately $2.5 million at June 30, 2025. The loan is expected to be fully repaid by June 30, 2028. The Fund Balance above includes the remaining loan payable amount. This amount is shown as a liability, resulting in the negative balance stated above. The actual cash balance in the fund at June 30, 2025, is $0.5 million.
FUND 410 - Storm Drain Development Impact Fee
Residential - Low Density $631/acre
Residential - High Density $992/acre
Commercial $1,712/acre
Commercial-Assembly Hall $631/acre
Industrial $1,264/acre
ADU - 750 sf or larger $113.87x
FUND 420 - Street Tree Development Impact Fee
City Planting and Replacement $3.79/ff
FUND 425 - Traffic Impact Fee
Residential - Low Density $13,804/unit
Residential - High Density $11,190/unit
Commercial - Low Traffic $15,274/ksf
Commercial - High Traffic $30,853/ksf
Industrial - General $6,052/ksf
Industrial - Warehouse $4,387/ksf
ADU - 750 sf or larger $5,204.65x
FUND 430 - Sewer Development Impact Fee
Residential - Low Density $14,002/unit
Residential - High Density $7,576/unit
Commercial $4,431/cgpd
Industrial $4,431/cgpd
ADU - 750 sf or larger $3,523.72x
FUND 435 - Water Development Impact Fee
Residential - Low Density $4,810/unit
Residential - High Density $1,945/unit
Commercial $7,539/kgpd
Industrial $7,539/kgpd
ADU - 750 sf or larger $904.65x
FUND 440 - Public Facilities Impact Fee
Residential - Low Density $23,878/unit
Residential - High Density $20,089/unit
Commercial $3,598/ksf
Industrial $1,594/ksf
ADU - 750 sf or larger $9,343.72x
Notes:
ksf represents per 1,000 square foot
cgpd represents per hundreg gallons per day
ff represents per front footage
sf represents per square feet
ADUs less than 750 sf are exempt from impact fees
ADUs larger than 750 sf use the aforementioned rates with the below formula Rate X [total ADU sf/total primary residence sf]
City of Gilroy
Impact Fee Schedule Summary
For Fiscal Year 2024-2025
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of a Contract Amendment to the Tree Maintenance Contract with West Coast Arborists, Inc in the Amount of $69,319 for Hecker Pass Tree Pruning.
Meeting Date: December 8, 2025
From: Brad Kilger, Interim City Administrator
Department: Public Works
Submitted by: John Doughty, Public Works Director
Prepared by: Matt Jones, Deputy Public Works Director
STRATEGIC PLAN GOALS: Maintain and Improve City Infrastructure
RECOMMENDATION
1. Approve a Contract Amendment to the current Tree Maintenance Services Agreement with West Coast Arborists, Inc in the amount of $69,319 to fund tree maintenance services along the Hecker Pass Road corridor.
2. Authorize the City Administrator to execute the amendment.
EXECUTIVE SUMMARY
The City’s existing tree maintenance contractor, West Coast Arborists, Inc. (WCA), provided a cost proposal to perform essential pruning, deadwood removal, and hazard mitigation on approximately 147 trees along the Hecker Pass Road corridor. The total service cost is $69,319. The City Council allocated funds on October 20, 2025 for the project.
Although the scope of services is consistent with the City current agreement with WCA, there are insufficient funds available in FY26 to complete other scheduled maintenance, address emergency needs over the winter and complete the Hecker Pass Road corridor tree pruning.
BACKGROUND
The City maintains an active Tree Maintenance Services Agreement with West Coast Arborists, Inc. (WCA), executed in 2021, to provide ongoing and as-needed tree maintenance services citywide.
During the FY 2024–25 year-end financial report, staff identified available budget capacity to continue priority tree maintenance and park improvement activities into FY 2025–26. On October 20, 2025, the City Council adopted a resolution approving a budget amendment which included the following language, "Additionally, the division is recommending $69,000 in appropriations for tree trimming work not already included in the adopted FY26 budget. This additional work is proposed for the clean-up of the City’s gateways, specifically, Hecker Pass Highway from Santa Teresa to Burchell Road." This item implements that Council-approved direction by appropriating the funds necessary to perform targeted risk-reduction pruning along the Hecker Pass corridor consistent with the gateway beautification focus described above.
Recent field inspections have identified hazardous limb conditions, excessive endweight, and roadway clearance conflicts associated with mature cedar and oak trees located adjacent to the Hecker Pass travel lanes. To address these public safety concerns efficiently, staff requested and received a proposal from the current contractor, WCA, totaling $69,319 to perform hazard mitigation pruning, traffic-controlled lane closures, corrective cuts, and deadwood removal.
Work performed through this action ensures continued risk mitigation, supports safe travel conditions, and fulfills Council’s previously expressed priority to enhance the visual and safety conditions of one of the community’s primary gateways.
ANALYSIS
The Hecker Pass Road corridor is a primary arterial route carrying significant daily vehicle traffic at higher speeds. Hecker Pass is also regularly used by bicyclists. The adjacent tree canopy includes mature cedars and oaks with structural conditions that elevate the likelihood of limb failure into the roadway. Proactive pruning and risk mitigation at this location are therefore time-sensitive and directly tied to public safety and liability exposure.
The City currently has a Tree Maintenance Services Agreement with West Coast Arborists, Inc. to provide on-call tree maintenance services citywide. Utilizing the current contractor ensures consistency with established maintenance standards, avoids delays associated with a separate procurement process, and enables the work to be scheduled efficiently.
While there is adequate remaining contract authority to perform this work under the existing agreement, the current year operating budget does not contain sufficient programmed funds to support this specific corridor effort. Approving the requested contract amendment allows the City to maintain the intended balance of tree maintenance services citywide, without disrupting routine operations, emergency response readiness, or other priority hazard-reduction projects already anticipated for the fiscal year.
Completion of this targeted pruning effort now also reduces the likelihood of costlier emergency response work later in the year, when failures may occur during winter weather events or high wind conditions.
ALTERNATIVES
If Council does not approve the contract amendment, staff would be required to utilize the remaining balance of the current tree maintenance contract to complete this work.
Doing so would reduce the funding capacity reserved for other priority locations, including corrective pruning, storm response readiness, risk-mitigation zones, and routine tree care throughout the City. This could result in deferred maintenance, fewer planned tree operations during the fiscal year, and increased exposure to unanticipated emergency costs if conditions deteriorate or failures occur elsewhere.
FISCAL IMPACT/FUNDING SOURCE
The cost for the hazard mitigation pruning along the Hecker Pass corridor is $69,319 and is funded from the General Fund (100). An agreement amendment is required to add the work and related compensation to the existing agreement.
As part of the FY 2024–25 year-end financial report and budget amendment adopted by the City Council on October 20, 2025, funding for this project was identified and prioritized as part of the City’s gateway enhancement and tree trimming efforts along Hecker Pass Highway. This staff report aligns current-year spending authority with that previously approved by the Council direction and approved budget.
PUBLIC OUTREACH
Public outreach was not required.
NEXT STEPS
If Council approves the contract amendment, Finance will process the appropriation to ensure funds are available in the current fiscal year, and Public Works will authorize the
tree work to be completed by West Coast Arborists, Inc. under the existing Tree Maintenance Services Agreement. Work will commence as soon as WCA can schedule and weather is appropriate. The work may require a temporary encroachment permit from Caltrans which will impact start of the work.
Attachments:
1. 2021 Agreement
2. Amendment to Agreement
3. WCA Quote for Hecker Pass
DocuSign Envelope ID: 744D36BE-9A3B-4D2B-9B2D-50055F2F0B11
DocuSign Envelope ID: 744D36BE-9A3B-4D2B-9B2D-50055F2F0B11
DocuSign Envelope ID: 744D36BE-9A3B-4D2B-9B2D-50055F2F0B11
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MDOLINGER\04706083
FIFTH AMENDMENT TO AGREEMENT WITH WEST COAST ARBORISTS, INC. TO
PROVIDE CITY TREE MAINTENANCE SERVICES
This Fifth Amendment to the Agreement for Services (“Fifth Amendment”) is made and entered into as of November 21, 2025 (“Effective Date”), by and between the City of Gilroy, a California municipal corporation (“CITY”), and West Coast Arborists, Inc. (“CONTRACTOR”).
WHEREAS, CITY and CONTRACTOR are parties to that certain Agreement for Services, effective on August 18, 2021, hereinafter referred to as “Original Agreement”; and WHEREAS, CITY and CONTRACTOR have determined it is in their mutual interest to amend certain terms of the Original Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below and for other valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
1. Article 4, Item A. (Consideration) of the Original Agreement shall be amended to read as follows:
“In consideration for the services to be performed by CONTRACTOR, 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 $395,045 for year 1, $406,897 for year 2, $419,104 for year 3, $431,677 for year 4 and $513,946 for year 5 for services of this Agreement.”
2. This Amendment shall be effective on November 21, 2025.
3. 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.
4. 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.
CONTRACTOR:
West Coast Arborists, Inc.
CITY:
CITY OF GILROY
By: By:
[signature] [signature]
[employee name] [name]
[title/department] [title]
Date: Date:
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Approved as to Form: Attest:
City Attorney City Clerk
JOB LOCATION
Hecker Pass Hwy from Santa Teresa Blvd to Burchell Rd.
SCOPE OF WORK
Prune 117 Cedars and about 15 Oak trees to raise canopies, end weigh reduction, dead wood removal, and fix old cuts/stubs for safety.
CUSTOMER INFORMATION
Main Contact Billing Contact
MATT JONES SHEILA CASTILLO
CITY OF GILROY
7351 ROSANNA STREET
GILROY, CA 95020
408.846.0275 [email protected]
CITY OF GILROY
7351 ROSANNA STREET
GILROY, CA 95020
408.846.0569
Inventory Needed Link Funds to Job # Purchase Order # DIR Project ID # Yes 92979
QTY DESCRIPTION U/M UNIT PRICE TOTAL
220.00 Crew Rental - per man Man Hour $78.80 $17,336.00 132.00 Tree Prune >40' Tall Each $291.50 $38,478.00
50.00 Specialty Equipment Rental Hour $270.10 $13,505.00 GRAND TOTAL: $69,319.00
COMMENTS
Heavy traffic area, we will need 2 flag man and heavy traffic control to set up closing one lane. Trees are located on the southside of the road. We will be concentrating on end weigh reduction, too many failure branches. We will need 85 or 90 ft aerial to reach tallest Cedars.
DISCLAIMER: West Coast Arborists, Inc. ensures the quality of work performed, however, we do not ensure the agency's entire tree population from failure. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances. The controlling authority must manage trees and accept some degree of risk. Only work identified in the scope of the proposal and in the contract line item is included in our quote or invoice. All work will be completed in accordance with ANSI A300 standards. Price reflects payment under prevailing wage rates under the wage determination: Tree Maintenance Laborer and report of certified payroll to the Department of Industrial Relations as applicable in accordance with state labor laws. PROPOSAL IS VALID FOR 90 DAYS.
CA Contractors License 366764 Federal Tax ID: 95-3250682 CA DIR Registration 1000000956 JUAN ORTIZ 09/10/25
ESTIMATED BY TITLE DATE
ACCEPTED BY TITLE DATE
AREA MANAGER
WEST COAST ARBORISTS, INC.
390 Martin Avenue Santa Clara, CA 95050
408.855.8660 Phone 408.844.8606 Fax WCAINC.COM
Proforma
# 98972
PROFORMA FOR TREE MAINTENANCE SERVICES PROFORMA FOR TREE MAINTENANCE SERVICES Printed on: 9/11/2025 11:05:29 AM Page 1 of 1
Deputy Director of Public Works 10/27/2025
City of Gilroy
STAFF REPORT
Agenda Item Title: Adopt a FY26 and FY27 Budget Amendment Resolution to the Police Department BSCC Title II Grant Fund for $290,225, and Approve a First Amendment To Agreement for Services of $116,617.50 with Youth Alliance for the South County Restorative Justice Youth Diversion Program from January 1, 2026 through September 30, 2026
Meeting Date: December 8, 2025
From: Luke Powell, Acting Chief of Police
Department: Police Department
Submitted by: Luke Powell, Acting Chief of Police
Prepared by: Patricia Vigil, Management Analyst
STRATEGIC PLAN GOALS: Not Applicable
RECOMMENDATION
a) Adopt a FY26 and FY27 budget amendment resolution to the Police Department BSCC Title II Grant Fund (228) in the amount of $290,225 and, b) Approve a first amendment to the agreement with Youth Alliance for an additional amount of $116,617.50 from January 1, 2026 – September 30, 2026, to continue to provide diversion youth services for the South County Restorative Justice Youth Diversion Program.
EXECUTIVE SUMMARY
The City of Gilroy received a $1,049,952 Title II Grant from the Board of State and Community Corrections (BSCC) to operate the South County Restorative Justice Youth Diversion Program (SCRJYDP) from January 1, 2023, through December 31, 2025.
Oversight of the grant was transferred to the Office of Youth and Community Restoration (OYCR) in July 2024.
In June 2025, OYCR temporarily suspended Title II-funded operations, delaying program expenditures. In August 2025, OYCR extended the grant period through September 30, 2026, allowing additional time to utilize the remaining funds.
The proposed amendment extends the Youth Alliance contract through September 2026 and adds $116,617.50 to fund the program coordinator position and related services. The coordinator role is dedicated to supporting the implementation of the Title II OYCR Grant to support delinquency prevention and juvenile justice system improvement.
BACKGROUND
City Council approved the original $300,744 agreement with Youth Alliance in December 2023 following the standard procurement process. Youth Alliance has successfully provided diversion services and remains the most qualified agency to continue. Conducting a new RFP for a nine-month extension would not allow sufficient time for contractor onboarding.
ANALYSIS
The Title II BSCC grant funds the SCRJYDP, which provides an opportunity for youth who have engaged in alleged harmful conduct to come together with impacted community members to collectively address the harmful incident as a community circle, while supporting and respecting youth as valuable community members. Participation in the Diversion Program is an alternative to the traditional juvenile justice system path that follows when a youth receives a citation from a law enforcement agency.
The Diversion Program redirects youth away from formal involvement in the juvenile justice system and back into the community. The program provides youths and their loved ones/families with local support services they feel they need to grow and thrive, bring in and uplift the voice of victims and the community, help youth to account for their actions in a restorative manner, hold family structure and community accountable for their participation in supporting the youth, use family-friendly language in their native language, and promote public safety.
Program partners include local community-based agencies, local school districts, local and county governments, and law enforcement agencies.
The Title II BSCC grant provides services to three local jurisdictions: Gilroy, San Martin and Morgan Hill. The SCRJYDP pursues three goals which the SCRJYDP Coordinator will help achieve:
• The Diversion Program is for youth who commit lower-level offense(s), there will be an increase in participation in the diversion program, thereby
diverting these youth away from the juvenile justice system and into a restorative justice-based diversion program.
• The Diversion Program will increase local support for youth, families, and victims that have been impacted by the alleged harm that led to the citation.
• The Diversion Program will enhance and increase the understanding and use of the restorative justice model, use of restorative practices, and trauma-informed care throughout South County community, schools, all SCYTF CBOs, and public safety agencies.
ALTERNATIVES
City Council may reject approval of the proposed amendment and the amendment to services with Youth Alliance. Staff does not recommend this option as funding would be returned to the OYCR and Youth Alliance would not be able to continue the services and programs of the Restorative Justice Youth Diversion Program as provided under the State agreement.
FISCAL IMPACT/FUNDING SOURCE
The South County Restorative Justice Youth Diversion Program Coordinator position is funded by the Title II OYCR Grant, Special Revenue Fund 228 with no impact to the General Fund.
FY26 FY27
Expense 2283000-51630 $240,474 $30,498
Expense: 2283000-52610 $19,253
Revenue: 2283000-43110 $259,727 $30,498
PUBLIC OUTREACH
N/A
Attachments:
1. Original Agreement with Youth Alliance for $300,744
2. First Amendment for Youth Alliance
3. Original Agreement for Funding with Board of State and Community Corrections
4. Extension with the State of California Standard Agreement OYCR
5. Resolution
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING THE BUDGET FOR THE CITY OF GILROY FOR
FISCAL YEAR 2025-2026 AND 2026-2027 IN THE POLICE
DEPARTMENT BSCC TITLE II GRANTS FUND AND
APPROPRIATING PROPOSED EXPENDITURE AMENDEMENTS.
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 and 2026-2027 for the City of Gilroy in the staff report dated December 8, 2025, for the Police Departments BSCC Title II Grants Fund, WHEREAS, the City Council has carefully examined and considered the same and is satisfied with said budget amendments.
NOW, THEREFORE, BE IT RESOLVED that revenue and expenditure appropriations in the Police Department BSCC Title II Grants Fund, Fund 228, is hereby increased by $259,727 for Fiscal Year 2025-2026 and $30,498 for Fiscal Year 2026-2027.
PASSED AND ADOPTED this 8th of December 2025 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
APPROVED:
______________________________
Greg Bozzo, Mayor
ATTEST:
Kim Mancera, City Clerk
Resolution No. 2025-XX
Fund 228 Carryover
City Council Regular Meeting | December 8, 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, December 8, 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)
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MDOLINGER\04706083
FIRST AMENDMENT TO AGREEMENT FOR SERVICES
WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Youth Alliance entered into that certain agreement entitled Agreement for Services, effective on December 1, 2023, hereinafter referred to as “Original Agreement”; and
WHEREAS, City and Youth Alliance 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. Contract timeline will be extended to September 30, 2026 of the Original Agreement shall be amended to read as follows: The contract will be extended to September 30, 2026.
2. In Exhibit D: Payment Schedule will be extended to add:
January 1, 2026-March 31, 2026 April 10, 2026
April 1, 2026-June 30, 2026 July 10, 2026
July 1,2025- September 30, 2026 October 10, 2026
3. In Exhibit D: BUDGET Youth Alliance- South County Youth Task Force will be amended to include an additional $116,617.50 for personnel cost.
3. This Amendment shall be effective on January 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 Youth Alliance
By: By:
[signature] [signature]
[Brad Kilger] [Eduardo Navarro]
[ Interim City Administrator/City of Gilroy] [Chief Operating Officer] Date:
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Date:
Approved as to Form ATTEST:
City Attorney City Clerk
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AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 1st day of December, 2023, 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 7598 Monterey Hwy, Suite 150, Gilroy CA 95020 and MAILING/Communication address is: PO Box 1291 Hollister CA 95024.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on December 1, 2023 and will continue in effect through December 31, 2025 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”).
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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.
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 $300,744.
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.
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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.
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 DocuSign Envelope ID: 674F73C1-BD47-4369-B995-49BB928E6CF9
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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 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 DocuSign Envelope ID: 674F73C1-BD47-4369-B995-49BB928E6CF9
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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 DocuSign Envelope ID: 674F73C1-BD47-4369-B995-49BB928E6CF9
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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: Diane Ortiz Name: Jimmy Forbis
Title: CEO Title: Administator, City of Gilroy
Social Security or Taxpayer
Identification Number 770377245
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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 Rene Casas, 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 DocuSign Envelope ID: 674F73C1-BD47-4369-B995-49BB928E6CF9
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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: Diane Ortiz, CEO
The Hollister Youth Alliance (DBA The Youth
Alliance)
PO Box 1291
Hollister, CA 95024
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 shall perform the following services and duties that pertain to the Diversion Program Coordinator (DPC) position for the Project II THRIVE (Transformation and Hope, Resiliency, Integrity, Voice & Engagement) South County Restorative Justice Youth Diversion Program (RJYDP), a programmatic initiative which aims to support youth and families through a restorative justice framework while improving public and youth safety by reducing youth-led citation and violence within South Santa Clara County. This is a full-time position under the State of California Title II Grant for three (3) calendar years beginning January 1, 2023 to December 31, 2025. This Full Time DPC position runs from December 1, 2023 to December 31, 2025. All invoices and services to be rendered by December 31, 2025.
PROGRAM REVIEW: The Project II THRIVE RJYDP provides an opportunity for South Santa Clara County youth who engage in alleged harmful or citable conduct to come together with impacted community members and collectively address the incident as a circle, while supporting and respecting youth as valuable community members. Completion of the voluntary program diverts youth away from the Juvenile Justice System by striving to decrease historical and systematic inequities and barriers by removing the citation. This program is also meant to provide local supports that youth and families feel they need to heal and thrive, while shifting the law enforcement and juvenile justice system away from first time citations of specific offenses.
Based on Restorative Justice (RJ) framework, RJYDP operates through a trauma-informed lens and seeks to address root causes of harmful behaviors through program milestones. Youth voice alongside local community will create solutions needed to cultivate positive opportunities and pathways. By way of the Title II grant funded, the pilot program will expand the number of youth/ families served and expand referring agency capacity.
CONSULTANT Youth Alliance shall complete the following services:
1. WORK ACTIVITIES: As a full-time DPC, the CONSULTANT will fulfill all coordination and logistical roles of the RJYDP program, to include but not limited to:
a. Overseeing, coordinating, and supporting youth referrals and referral processing from acceptance to program completion, and this includes preparing youth and their support systems for the Restorative Justice (RJ) Circle.
b. Facilitating communication and troubleshooting conflicts with program members and agencies. c. Communicating regularly with all Program partners and ensuring timely delivery of information. d. Facilitating a monthly collaborative meeting with team members. e. Following the South County RJYDP Guide and practices developed and ensuring team members and program participants also follow practices to program model fidelity.
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f. Will oversee approximately 50+ new youth referrals annually along with maintaining and closing currently open cases.
g. Offer on-going support to all youth referred and who want to participate in the diversion program and ensuring the referred agency is actively engaged with them. On-going support may also include supporting youth referrals with aftercare supports and services after program completion. h. Ensuring all youth who agree to participate in the program, complete an intake interview/assessment with a CBO within two weeks of the CBO receiving the referral. i. Connecting youth and family with a referral agency and assisting youth with completing their Restorative Agreement (RA) through check-ins (phone-calls, in-person visits (home or school or public place), referrals, or in any way that is appropriate for the specific youth. j. Conducting youth referral entrance and exit surveys. k. Preparing and ensuring all youth and their support systems who participate in a RJ Circle receive proper explanation, guidance and preparation so they feel safe for their circle. l. Preparing and ensuring all RJ Circle participants, including person(s) harmed and their support systems who participate in a Circle, receive proper explanation, guidance and preparation so they feel safe and prepared for their circle.
m. Coordinating and participating (which may include facilitating as Circle Keeper) in one to four Restorative Justice Circles per month, ensuring the proper personnel to be present (i.e. Circle Keeper, family, youth supporters, community members, school personnel, etc.) n. Ensuring the Restorative Conferencing Circles adhere to restorative justice and restorative practices, for example, those practices outlined by International Institute for Restorative Practices. o. Making referrals to local agencies for evidence-based and pro-social programs based on assessment, intake interview and needs identified through the restorative circle and/or needs identified by DPC or RJYDP partners.
p. Making referrals or linking to community, local, county or state assets and resources as needed. q. Overseeing, coordinating, and tracking the restitution process for youth where restitution is a part of a Restorative Agreement (which is created by a RJ Circle). r. Coordination of trainings for team members, volunteers, local schools, program graduates and anyone who participates or wants to participate in the RJYDP. s. Working with local cities and justice partners to ensure review of all citations to determine eligibility for referral to the Diversion Program.
t. Attending necessary RJYDP and related 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.
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u. Completing and submitting monthly service delivery calendars to help maximize collaborative efforts with all SCYTF and RJYDP partners, documenting services being offered. v. Working with Program Evaluators, the City and the Data Collection Team to complete the grant's Local Evaluation Plan, quarterly dashboards and the Final Evaluation Report by December 31, 2025.
w. Attending trainings or presentations to stay current on Restorative Justice and Restorative Practices, trauma informed care, mandated reporting, and other trainings that fit within the scope, supports, and services of RJYDP.
x. Recruiting ongoing program volunteers, tracking fingerprinting clearance and onboarding volunteers. Creating and maintaining a data base of volunteers, potential volunteers and agencies that have been trained in various Restorative Justice frameworks. y. Planning and coordinating a regional South County restorative justice symposium and inviting local and regional practitioners, interested community partners, including former graduates of RJYDP, to share stories and increase their understanding of Restorative practices and RJ practices. z. Upon request by SCYTF, conducting outreach or engagement activities with youth and families for the Diversion Program in Morgan Hill, San Martin, and Gilroy as appropriate and/or available.
Outreach or engagement activities is interpreted broadly and can include, but is not limited to, tabling at events, attending meetings, participating in pro-social activities; having conversations with youth, community members, volunteers, agencies and government entities, and others that seek to promote or encourage participation in the Diversion Program, and leading or engaging in any activity, in community or school, that seeks to promote, encourage participation and educate others in the Diversion Program.
aa. Participating in the monthly SCYTF Technical Team meetings and SCYTF Multi-Disciplinary Team (MDT) meetings.
2. DATA COLLECTION: The CONSULTANT will complete the following data-related services:
a. Maintain forms to help with data tracking, to include Excel Data Tracker or similar tracker, signin sheets to track participation, Units of Service Workbook and complete monthly and quarterly BSCC reporting templates (excel BSCC Program Activity Report (PAR) and word document BSCC Program Narrative Report) and any additional reporting necessary for program evaluation.
Required reporting data and submit it to the City of Gilroy (City) by the 10th day of the follwing quarter of services.
b. The CONSULTANT will maintain a Performance Activity Report (PAR) to collect and track youth demographics and progress through the RJYDP with client demographic that BSCC requests, such as: first and last name initials; date of birth; age; start and end date for services given, gender (male/female/Agender/Bigender/Cisgender/Non-Binary); Offender Status (at-risk population- no prior offense; first-time offenders; repeat offenders; status offenders; violent offenders); other factors (mental health; pregnant; substance abuse; truant/dropout); project cost per youth; zip code of youth served, ethnicity of youth served, and hours of service per youth by DocuSign Envelope ID: 674F73C1-BD47-4369-B995-49BB928E6CF9
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activity type, and the CONSULTANT will need to provide the following project youth demographics (using tracking tools and documentation provided by CITY). c. The CONSULTANT will maintain Project Assessment data, within the Units of Service Workbook, to include: Number of project youth served; Number and percent of program youth who offend or reoffend; Number and percent of program youth completing program requirements; Number and percent of program youth exhibiting a desired change in targeted behaviors: substance abuse; school attendance; gangs; employment status; Number and percent of program youth charged with formal probation violations; Average length of time between intake and referral for program youth; Number and percent of program youth who are re-victimized or citated for similar offense and Number and percent of families/youth/victims/staff satisfied with the project. d. CONSULTANT will complete a quarterly narrative (template provided by CITY).
3. PROJECT BOOKS AND RECORDS: The CONSULTANT 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 Agreement, approved program/budget modifications, financial records, programmatic information and required reports. 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 CITY, BSCC or designees, state government auditors or designees, or by federal government auditors or designees. a. The CONSULTANT will maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the 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 and payments to the accounting records, to the supporting documentation.
b. The CONSULTANT shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all program funds, including grant funds and any matching funds by CONSULTANT. Source documentation to be kept and filed includes copies of all approved modifications, financial records, and progress reports.
c.Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the Title II grant, whether they are employed full-time or part-time, and submitted along with Invoice and Reports to the City.
d. The CONSULTANT shall maintain documentation of donated goods and/or services, including the basis for valuation.
e. The CONSULTANT agrees to protect records adequately from fire or other damage. When records are stored away from the CONSULTANT’s principal office, a written index of the location of records stored must be on hand and ready access must be assured. f. Access to Books and Records: The CONSULTANT will make such books, records, supporting documentations, and other evidence available to the City and BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California DocuSign Envelope ID: 674F73C1-BD47-4369-B995-49BB928E6CF9
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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.
g. All CONSULTANT records relevant to the program 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 BSCC 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, 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.
4. AUDIT: The CONSULTANT must be prepared to complete an annual audit by the BSCC for each fiscal year/audit period, or fraction thereof, for the entire three-year grant cycle. a. CONSULTANT agrees that the CITY, the awarding department of BSCC, 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. CONSULTANT 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.
CONSULTANT 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, CONSULTANT 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. CONSULTANT’S GENERAL RESPONSIBILITY: The CONSULTANT agrees to comply with all terms and conditions of this Service Agreement. a. The CONSULTANT is responsible for the performance of all project activities identified in this Scope of Work.
b. The CONSULTANT shall immediately advise the City of any significant problems or changes that arise during the course of the project through the quarterly Narrative Report and via monthly check-in meetings.
6. MODIFICATIONS: No change or modification in the project will be permitted without prior written approval from the BSCC, and therefore the City. The City will request changes to BSCC and communicate to the CONSULTANT. Request for 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 this Service Agreement which is based on the Application for Funding the City submitted to BSCC. Changes shall not be implemented by the project until authorized by the BSCC and the City will authorize the CONSULTANT when those changes can or cannot be implemented.
7. REQUIREMENT TO REPORT POTENTIALLY DUPLICATIVE FUNDING: If The CONSULTANT currently has other active awards of local or federal funds, or if the DocuSign Envelope ID: 674F73C1-BD47-4369-B995-49BB928E6CF9
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CONSULTANT receives any other award of local or federal funds during the period of performance for this award, the CONSULTANT promptly must determine whether funds from any of those other local or 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 City in writing of the potential duplication, and, if so requested by the City, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding.
8. TERMINATION FOR CAUSE: The City may terminate the Service Agreement and be relieved of any payments should the CONSULTANT fail to perform the requirements of this Service Agreement at the time and in the manner herein provided. In the event of such termination the City may proceed with the work in any manner deemed proper by the City, as per notification by the State. All costs to the City 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.
9. NON-DISCRIMINATION CLAUSE: During the performance of this Service Agreement, the CONSULTANT shall not deny the Agreement services and 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. CONSULTANT shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. CONSULTANT 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. CONSULTANT 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. CONSULTANT 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.) a. The CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
9. 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 is not allowed. The 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 staff. A guardian/parental permission slip must be signed each time a youth enters the CONSULTANT's vehicle. If transportation occurs under life coaching/case management, all intake paperwork must DocuSign Envelope ID: 674F73C1-BD47-4369-B995-49BB928E6CF9
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be up to date and the two-to-one ratio must be enforced. Contact of youth and transportation must follow County and City procedures.
DocuSign Envelope ID: 674F73C1-BD47-4369-B995-49BB928E6CF9
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EXHIBIT “C”
MILESTONE SCHEDULE
Management Plan
CONSULTANT Youth Alliance will utilize 1 FTE to implement program services. Diversion Program Coordinator, Rodrigo Jimenez will have the following Job duties include: Oversight of program fidelity, referral process, partner with Community Based Organizations (CBOs) and Youth Support Specialists to ensure consistent practices, troubleshoot conflicts with participants, program team members, and community members, facilitate monthly collaborative meetings among Diversion Program Team members and other stakeholders, connect and facilitate communication among Diversion Program Team members, coordinate Restorative Justice Circles, tracks, collects and analyzes data, assists with coordinating trainings for the Diversion Program Team and volunteers, bilingual (English/Spanish). Full list of duties is listed in SCOPE OF SERVICES.
Job duties include but are not limted to: oversight of program fidelity, referral process, partner with Community Based Organizations (CBOs) and Youth Support Specialists to ensure consistent practices, troubleshoot conflicts with participants, program team members, and community members, facilitate monthly collaborative meetings among Diversion Program Team members and other stakeholders, connect and facilitate communication among Diversion Program Team members, coordinate Restorative Justice Circles, tracks, collects and analyzes data, assists with coordinating trainings for the Diversion Program Team and volunteers, bilingual (English/Spanish).
Diversion Program Coordinator Rodrigo Jimenez has over ten years of experience with the target population for this program and is trained and certified in Restorative Justice Peacemaking Circles (Restorative Justice Training Institute), Restorative Justice Harm Repair Circles (Restorative Justice Training Institute), The Council for Boys and Young Men (One Circle Foundation), and Mental Health First Aid (National Council for Mental Wellbeing). Rigo has worked in the South County communities for a dozen years and is extremely well-connected with most of the partners in this venture. He has an excellent rapport with youth educators and community leaders. His excellent communication and collaboration skills will help him work out creative and impactful ways to ensure this program is well understood and appreciated throughout the South County.
Deputy Director of Programs Rene Casas has over 20 years of experience working with disadvantaged and underserved youth, parents, and communities of color. Mr. Casas has worked tirelessly to address issues hindering the upward mobility of communities of color. Mr. Casas has learned restorative practices and techniques (Circles of Hope, Re-integration Circles, CommunityBuilding Circles, Cultural Rites of Passage, and RJ in schools) from various sources but credits his personal growth, leadership development, and healing-informed practices to the teachings of La Cultura Cura (Culture Cures). Rene is also a co-founder and a previous board member of MILPA (Motivating Individual Leadership for Public Advancement), an organization authentically working with system-impacted individuals to address multiple inequities through system and policy change. In 2015, Rene was awarded the National Juvenile Justice Network DocuSign Envelope ID: 674F73C1-BD47-4369-B995-49BB928E6CF9
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(NJJN) Fellowship, where he spearheaded a community-level approach to youth justice policy and systems change addressing the school-to-prison pipeline. Since 2017, Rene has been part of the executive advisory board of the National Alianza for Youth Justice (NAYJ). Mr. Casas has also served as a commissioner for the Juvenile Justice Commission in Monterey County. Rene earned his Criminal Justice BA degree from California State University Chico and has recently received his Master of Social Work degree from California State University Monterey Bay. As a Social Work Intern with the Alianza, he helped lead a National qualitative research on how Latinx youth get tracked in the juvenile justice system along with a system impacted youth (The Latinx Data Gap).
Timeline of schedule events may include, but not limited to:
December 1-31, 2023
-On boarding meetings and trainings with City of Gilroy and Diversion partners -Help overseeing youth referrals from the South County Law Enforcement Agencies, and linking them with Community Based Organization partners.
-Help coordinating RJ Circles if needed
-Help supporting youth in preparing for RJ Circles and in completing their Restorative Agreements - Help facilitating monthly team meetings
January 1, 2024-December 31, 2024:
-Overseeing youth referrals from the South County Law Enforcement Agencies, and linking them with Community Based Organization partners.
-Coordinating 1 to 4 days of RJ Circles
-Supporting youth in preparing for RJ Circles and in completing their Restorative Agreements -Facilitating monthly team meetings
-Administer, collect and track pre and post surveys
-Recruitment and retention of program volunteers
-Help lead and plan annual Restorative Justice Simposium -Completing and submitting service delivery calendars to help maximize collaborative efforts with all South County agencies and RJYDP partners, documenting services being rendered at different time frames, location(s) and service day(s). Completion of the calendars will be submitted to the City by the 7th of each month (no need to resend if there are no new changes). -Working with Program Evaluators and the City to collecte data for Local Evaluation Plan DocuSign Envelope ID: 674F73C1-BD47-4369-B995-49BB928E6CF9
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-Submitting quarterly state invoicing and reporting
-Bi-annually presentations to Policy Team and Tech Team about the RJ Youth Diversion Program January 1, 2025-December 31, 2025:
-Overseeing youth referrals from the South County Law Enforcement Agencies, and linking them with Community Based Organization partners.
-Coordinating 1 to 4 days of RJ Circles
-Supporting youth in preparing for RJ Circles and in completing their Restorative Agreements -Facilitating monthly team meetings
-Completing and submitting service delivery calendars to help maximize collaborative efforts with all South County agencies and RJYDP partners, documenting services being rendered at different time frames, location(s) and service day(s). Completion of the calendars will be submitted to the City by the 7th of each month (no need to resend if there are no new changes). -Working with Program Evaluators and the City to collecte data for Local Evaluation Plan -Submitting quarterly state invoicing and reporting
-Bi-annually presentations to Policy Team and Tech Team about the RJ Youth Diversion Program -All Project service activity period ends December 31, 2025. -All invoicing needs to be submitted by December 31, 2025 for all services rendered.
DocuSign Envelope ID: 674F73C1-BD47-4369-B995-49BB928E6CF9
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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 Youth Alliance 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 forty-five (45) 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 $300,744. CONSULTANT to successfully complete the project within the designated time 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 quarterly 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, and training. Any additional direct expenses will not be reimbursed by the CITY.
All supporting documentation must be submitted forQuarterly expenditures upon BSCC’s and therefore, the City’s request. All supporting documentation must be maintained by the grantee on site and be readily available for review during CITY and BSCC site visits.
Quarterly invoices and all back up documentation (RJ calendars, PAR report, staff timesheets, agency invoice, OUS workbook, and Narrative report/BSCC tracking and data collection documentation) will be submitted to the CITY by the 10th day of the next month, as follows or the Friday prior to if the 10th falls on a weekend:
Quarters Invoice Deadline
December 1-31, 2023 January 10, 2023
January 1, 2024 to March 31, 2024 April 10, 2024
April 1, 2024 to June 30, 2024 July 10, 2024
July 1, 2024 to September 30, 2024 October 10, 2024
October 1, 2024 to December 31, 2024 January 10, 2025
January 1, 2025 to March 31, 2025 April 10, 2025
DocuSign Envelope ID: 674F73C1-BD47-4369-B995-49BB928E6CF9
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April 1, 2025 to June 30, 2025 July 10, 2025
July 1, 2025 to September 30, 2025 October 10, 2025
October 1, 2025 to December 31, 2025 January 15, 2026
Please allow up 45 business days between submittal of invoice and confirmed back up verification for the processing of payment. Back up includes but is 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 documentaiton 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- South County Youth Task Force Total Program Budget (December 1, 2023 through December 31, 2025) $300,744:
-Personnel Costs Program Coordinator (Fulltime) $ 187,733 -Payroll Taxes/Employee Benefits $ 38,400
SUBTOTAL PERSONNEL COST: $ 226,133
-Professional Fees – Mileage/Transportation-Training/Consultant, Rent,Communication $ 35,383
SUBTOTAL OPERATING EXPENSES: $ 35,383
-Administrative Overhead $ 39,228
SUBTOTAL INDIRECT COST: $ 39,228
Account Code 2283000-51630
DocuSign Envelope ID: 674F73C1-BD47-4369-B995-49BB928E6CF9
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID: 5227-BSCC31722 STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Rev 03/2019) BSCC 317-22 BSCC-5227
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTOR NAME
CITY OF GILROY
2. The term of this Agreement is:
START DATE
January 1, 2023
THROUGH END DATE
March 31, 2026
3. The maximum amount of this Agreement is:
$1,049,952.00
4. The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are by this reference made a part of the Agreement.
EXHIBITS TITLE PAGES
Exhibit A Scope of Work 5
Exhibit B Budget Detail and Payment Provisions 4
Exhibit C General Terms and Conditions (04/2017) 5
Exhibit D Special Terms and Conditions 5
Exhibit E 2019 Title II Award Federal Conditions 16
- Exhibit F 2020 Title II Award Federal Conditions 16
Attachment 1* 2022 Title II Grant Program Request for Proposals * Attachment 2 2022 Title II Grant Program Application for Funding 43 Appendix A 2022 Title II Grant Executive Steering Committee 1 Appendix B Criteria for Non-Governmental Organizations Receiving Title II Grant Program Funds 2 * This item is hereby incorporated by reference and can be viewed at: https://www.bscc.ca.gov/s_titleiigrant/ 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 CITY STATE ZIP
7351 Rosanna Street Gilroy CA 95020
PRINTED NAME OF PERSON SIGNING TITLE
JIMMY FORBIS City Administrator
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Suite 200 Sacramento CA 95833
PRINTED NAME OF PERSON SIGNING TITLE
RICARDO GOODRIDGE Deputy Director
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM, VOLUME 1, CH. 4.06 DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F 3/7/2023
City of Gilroy
BSCC 317-22
EXHIBIT A: SCOPE OF WORK
1. GRANT AGREEMENT – TITLE II GRANT PROGRAM
This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter referred to as BSCC) and City of Gilroy (hereafter referred to as the Grantee).
2. PROJECT SUMMARY AND ADMINISTRATION
A. The South County Restorative Justice Youth Diversion Program (RYJDP) provides an opportunity for South Santa Clara County youth who engage in alleged harmful conduct to come together with impacted community members and collectively address the incident are a circle, while supporting and respecting youth as valuable community members. Completion of the voluntary program diverts youth away from the Juvenile Justice System by striving to decrease historical and systematic inequities and barriers and provides local supports youth and families feel they need to heal and thrive.
Based on RJ framework, RJYDP operates through a trauma-informed lens and seeks to address root causes to harmful behaviors through program milestones. Youth voice alongside local community will create solutions needed to cultivate positive opportunities and pathways. A small pilot of RJYDP is in place. This grant will greatly expand the number of youth/families served, expand referring agency capacity and offer necessary trainings.
B. Grantee agrees to administer the project in accordance with Attachment 1: Title II Grant Program Request for Proposals (incorporated by reference) and Attachment 2: 2022 Title II Grant Program Application for Funding, which are attached and hereto made part of this agreement.
3. PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC'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.
B. The Grantee’s project officials shall be those identified as follows:
Authorized Officer with legal authority to sign:
Name: Jimmy Forbis
Title: City Administrator
Address: 7351 Rosanna Street, Gilroy, CA 95020
Phone: 408-846-0227
Email: [email protected]
DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
City of Gilroy
BSCC 317-22
EXHIBIT A: SCOPE OF WORK
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: Jason Smith
Title: Police Captain
Address: 7301 Hanna St., Gilroy, CA 95020
Phone: 408-846-0312
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.
4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described in the Title II Grant Program Request for Proposals.
5. REPORTING REQUIREMENTS
A. Quarterly Progress Reports
Grantee will submit quarterly progress reports in a format prescribed by the BSCC.
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. January 1, 2023 to March 31, 2023 April 15, 2023
2. April 1, 2023 to June 30, 2023 July 15, 2023
3. July 1, 202, to September 30, 2023 October 15, 2023
4. October 1, 2023 to December 31, 2023 January 15, 2024
5. January 1, 2024 to March 31, 2024 April 15, 2024
6. April 1, 2024 to June 30, 2024 July 15, 2024
7. July 1, 2024 to September 30, 2024 October 15, 2024
8. October 1, 2024 to December 31, 2024 January 15, 2025
9. January 1, 2025 to March 31, 2025 April 15, 2025
10.April 1, 2025 to June 30, 2025 July 15, 2025
11.July 1, 2025 to September 30, 2025 October 15, 2025
12.October 1, 2025 to December 31, 2025 January 15, 2026 Note: Project service activity period ends December 31, 2025. The period of January 1, 2026 to March 31, 2026 is for completion of Final Local Evaluation Report and the financial audit only.
DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
City of Gilroy
BSCC 317-22
EXHIBIT A: SCOPE OF WORK
B. Evaluation Documents: Local Evaluation Plan and Final Evaluation Report As described in the RFP, Grantee is required to submit to the BSCC: (1) a Local Evaluation Plan (three [3] months post-award) and, (2) a Local Evaluation Report (three [3] months after the conclusion of the grant).
Due no later than:
1. Local Evaluation Plan March 31, 2023
2. Final Local Evaluation Report March 31, 2026
C. Other: Grantees shall submit all other reports and data as required by the BSCC.
Due no later than:
Financial Audit (if applicable) March 31, 2026
6. 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 BSCC 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, 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.
DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
City of Gilroy
BSCC 317-22
EXHIBIT A: SCOPE OF WORK
7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner, or like party who participated on the Title II Grant Program Executive Steering Committee (see Contract Appendix A) from receiving funds from the Title II Grant Program awarded under this RFP.
Applicants who are awarded grants under this RFP are responsible for reviewing the Title II Grant Program ESC membership roster and ensuring no grant dollars are passed through to any entity represented by the members of the Title II Grant Program ESC.
B. In cases of an actual conflict of interest with an ESC member, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award.
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 BSCC 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 BSCC 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 X
DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
City of Gilroy
BSCC 317-22
EXHIBIT A: SCOPE OF WORK
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. DATA UNIVERSAL NUMBERS SYSTEM (DUNS)
The Contractor/grantee (entity entering into contract with the BSCC) must maintain active registration of their Data Universal Numbers System (DUNS) number, used for this Grant Agreement, throughout the term of the contract. An active DUNS number is also required to remain in compliance with the Federal Funding Accountability and 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: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
City of Gilroy
BSCC 317-22
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
1. INVOICING AND PAYMENTS (Grantee Selects Frequency After Award) A. The Grantee shall be paid in quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.
Quarterly Invoice Periods: Due No Later Than:
1. January 1, 2023 to March 31, 2023 May 15, 2023
2. April 1, 2023 to June 30, 2023 August 15, 2023
3. July 1, 2023 to September 30, 2023 November 15, 2023
4. October 1, 2023 to December 31, 2023 February 15, 2024
5. January 1, 2024 to March 31, 2024 May 15, 2024
6. April 1, 2024 to June 30, 2024 August 15, 2024
7. July 1, 2024 to September 30, 2024 November 15, 2024
8. October 1, 2024 to December 31, 2024 February 15, 2025
9. January 1, 2025 to March 31, 2025 May 15, 2025
10.April 1, 2025 to June 30, 2025 August 15, 2025
11.July 1, 2025 to September 30, 2025 November 15, 2025
12.October 1, 2025 to December31, 2025 February 15, 2026 Final Local Evaluation Report Period Due no later than
13. January 1, 2026 to March 31, 2026 May 15, 2026
*Note: Only expenditures associated with completion of the Final Local Evaluation Report may be included on this last invoice
.
B. All project expenditures (excluding costs associated with the completion of the Final Local Evaluation Report) and all obligated match contributions must be incurred by the end of the grant project period, December 31, 2025, and included on the invoice due February 15, 2026. Project expenditures incurred after December 31, 2025 will not be reimbursed.
C. The Final Local Evaluation Report is due to BSCC by March 31, 2026. Expenditures incurred solely for the completion of the Final Local Evaluation Report will be reimbursed for the close-out period of January 1, 2026 through March 31, 2026 and must be submitted on the last invoice, due May 15, 2026. All fiscal supporting documentation for the Final Local Evaluation Report expenditures must be submitted to the BSCC with this final invoice
D. The Grantee shall submit an invoice to the BSCC 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 BSCC’s request.
All supporting documentation must be maintained by the grantee on site and be readily available for review during BSCC site visits.
DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
City of Gilroy
BSCC 317-22
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
2. GRANT AMOUNT AND LIMITATION
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award. Grantee waives any and all claims against the BSCC 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.
3. BUDGET CONTINGENCY CLAUSE
A. Grantee agrees that the BSCC’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 BSCC 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 Request for Proposals, the BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a reduced amount.
C. If BSCC 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 BSCC 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.
4. PROJECT COSTS
A. Grantee is responsible for ensuring that actual expenditures are for eligible project costs. “Eligible” and “ineligible” project costs are set forth in the July 2020 BSCC Grant Administration Guide, which can be found under Quick Links here:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/ 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.
DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
City of Gilroy
BSCC 317-22
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
B. Grantee is responsible for ensuring that invoices submitted to the BSCC claim actual expenditures for eligible project costs.
C. Grantee shall, upon demand, remit to the BSCC 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.
D. 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 BSCC grants.
5. PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC 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. At such time as the balance of state funds allocated to the Grantee reaches five percent (5%), the BSCC 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 BSCC will not reimburse Grantee for costs identified as ineligible for grant funding.
If grant funds have been provided for costs subsequently deemed ineligible, the BSCC 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 BSCC’s Executive 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
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 DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
City of Gilroy
BSCC 317-22
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
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 (January 1, 2023 – March 31, 2026) Total
1. Salaries and Benefits $0
2. Services and Supplies $60,000
3. Professional Services $0
4. Direct Service Provider Subcontracts (NGO & Government) $937,452
5. Equipment/Fixed Assets $0
6. Project Evaluation and Data Collection $52,500
7. Other (Travel, Training, etc.) $0
8. Indirect Costs $0
TOTAL $1,049,952
DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
City of Gilroy
BSCC 317-22
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
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: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
City of Gilroy
BSCC 317-22
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
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.
DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
City of Gilroy
BSCC 317-22
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
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 DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
City of Gilroy
BSCC 317-22
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
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.
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 DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
City of Gilroy
BSCC 317-22
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
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 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: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
City of Gilroy
BSCC 317-22
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 BSCC 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 Request for Proposals and Attachment 2: 2022 Title II Application for Funding.
C. Grantee shall immediately advise the BSCC 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. The 2020 Title II Federal Award Conditions are included in this Grant Agreement as Exhibit E. 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 Request for Proposals and Attachment 2: Title II Application for Funding, documents, amendments, approved modifications, and communications filed in support of its request for grant funds.
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.
DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
City of Gilroy
BSCC 317-22
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC 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 BSCC’s obligation to make payments to the Grantee. As a result, the BSCC 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 RFP and described in Appendix A: Juvenile Justice Delinquency and Prevention Act of Reauthorization 2018
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 BSCC 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 BSCC 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 BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
City of Gilroy
BSCC 317-22
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
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
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 BSCC 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 BSCC 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 BSCC. 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 BSCC.
7. TERMINATION
A. This Grant Agreement may be terminated by the BSCC 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 BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1: Title II Grant Program Request for Proposal and Attachment 2: 2022 Title II Application for Funding, or approved modifications; 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.
DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
City of Gilroy
BSCC 317-22
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
B. Prior to terminating the Grant Agreement under this provision, the BSCC 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
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 BSCC Corrections Planning and Grant Programs Division 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 BSCC Corrections Planning and Grant Programs Division 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 BSCC Corrections Planning and Grant Programs Division 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 BSCC Executive Director, who shall have 45 days to render a final decision. If the Grantee does not appeal the decision of the BSCC Corrections Planning and Grant Programs Division 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 Executive Director, if an appeal was made. If the Executive 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 DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
City of Gilroy
BSCC 317-22
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
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.
DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
City of Gilroy
BSCC 317-22
EXHIBIT E: 2019 TITLE II AWARD FEDERAL CONDITIONS
1. 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. 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 all such assurances or certifications as if personally executed by the authorized recipient official.
Failure to comply with any one or more of these 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 the Office of Justice Programs ("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. The U.S. Department of Justice ("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.
2. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2019 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2019 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2019 award.
DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
City of Gilroy
BSCC 317-22
EXHIBIT E: 2019 TITLE II AWARD FEDERAL CONDITIONS
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. 200.333.
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.
3. 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.
4. 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.
5. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
City of Gilroy
BSCC 317-22
EXHIBIT E: 2019 TITLE II AWARD FEDERAL CONDITIONS
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, 2017, will satisfy this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2017, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. 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.
6. 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.
7. 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-projectscope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding.
DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
City of Gilroy
BSCC 317-22
EXHIBIT E: 2019 TITLE II AWARD FEDERAL CONDITIONS
8. Requirements related to System for Award Management and Universal Identifier Requirements
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 (first-tier "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).
9. Employment eligibility verification for hiring under the award1
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 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) and (2).
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) and (2) 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) and (2). 1 Please note: this award condition is subject to a stipulated agreement between the State of California and DOJ in California v. Barr, No. 3:19-cv-6189-WHO, ECF No. 41 (N.D. Cal. June 3, 2020).
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EXHIBIT E: 2019 TITLE II AWARD FEDERAL CONDITIONS
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.
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EXHIBIT E: 2019 TITLE II AWARD FEDERAL CONDITIONS
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) and (2).
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 EVerify at [email protected].
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
10. 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 200.79) 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.
11. 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.
12. 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).
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EXHIBIT E: 2019 TITLE II AWARD FEDERAL CONDITIONS
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.
13. Unreasonable restrictions on competition under the award; association with federal government
SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier).
1. No discrimination, in procurement transactions, against associates of the federal government
Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") – no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ.
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
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EXHIBIT E: 2019 TITLE II AWARD FEDERAL CONDITIONS
A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future.
B. 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.
14. 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.
15. 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.
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City of Gilroy
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EXHIBIT E: 2019 TITLE II AWARD FEDERAL CONDITIONS
16. 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").
17. Requirement for data on performance and effectiveness under the award 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.
18. 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://ojp.gov/funding/Implement/TrainingPrinciplesForGranteesSubgrantees.htm
19. 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.
20. 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.
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City of Gilroy
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EXHIBIT E: 2019 TITLE II AWARD FEDERAL CONDITIONS
21. 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.
22. 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."
23. 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 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination 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, currently, 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.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgibin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
24. 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 DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
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EXHIBIT E: 2019 TITLE II AWARD FEDERAL CONDITIONS
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.
25. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2019)
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, including from various "general provisions" in the Consolidated Appropriations Act, 2019, are set out at
https://ojp.gov/funding/Explore/FY19AppropriationsRestrictions.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.
26. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient and any subrecipients ("subgrantees") 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: Office of the Inspector General, U.S.
Department of Justice, Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Fraud Detection Office (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline
27. Restrictions and certifications regarding non-disclosure agreements and related matters
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EXHIBIT E: 2019 TITLE II AWARD FEDERAL CONDITIONS
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
(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 DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
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EXHIBIT E: 2019 TITLE II AWARD FEDERAL CONDITIONS
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.
28. 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.
29. 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.
30. 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 DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
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EXHIBIT E: 2019 TITLE II AWARD FEDERAL CONDITIONS
agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
31. 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.
32. The recipient agrees to comply with all Formula Grants Program requirements as outlined in the Juvenile Justice and Delinquency Prevention Act of 2002, the applicable guidelines, the Certified Assurances; and the most recent OJJDP Formula Grants Consolidated Regulation (28 CFR Part 31), to the extent that those regulations are not in conflict with the above.
33. 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 42 U.S.C. 5632(d) must be expended in a manner consistent with the purposes set forth at 42 U.S.C. 5633(a)(3)(B), (C), and (D). If 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 OMB Circular A-87. Accordingly, organizational membership fees paid with federal formula grant funds are permissible expenditures only to the extent that such membership advances State or local (as opposed to national) interests. 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 OMB Circular A-87, Attachment B.
34. Pursuant to Section 223(a)(3)(A)(iii) of the Juvenile Justice and Delinquency Prevention Act of 1974, as amended (42 U.S.C. § 5601, 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.
35. The recipient agrees to submit its Annual Performance Report for the prior federal fiscal year, no later than December 30 of each year, to the Office of Justice Programs, Grants Management System.
36. The recipient agrees that it will submit quarterly financial status reports to OJP on-line (at https://grants.ojp.usdoj.gov) using the SF 425 Federal Financial Report form (available for viewing at https://www.gsa.gov/forms-library/federalfinancial-report), not later than 30 days after the end of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the award period.
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EXHIBIT E: 2019 TITLE II AWARD FEDERAL CONDITIONS
37. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 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 $25,000, 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).
[Intentionally Omitted: award conditions 38 through 41, as originally set out in the award document, per OJP Legal Notice 33.]
42. The award recipient agrees, as a condition of award approval, to comply with the requirements of 28 CFR Part 22, including the requirement to submit a properly executed Privacy Certificate that is in accordance with the requirements of 28 CFR Section 22.23 to OJJDP for approval. The award recipient will also monitor and appropriately manage any subrecipients and/or subcontracts to ensure compliance with 28 CFR Section 22.23.
43. The award recipient agrees, as a condition of award approval, to comply with the requirements of 28 CFR Part 46 and all other Department of Justice/ Office of Justice Programs policies and procedures regarding the protection of human research subjects, including informed consent procedures and obtainment of Institutional Review Board (IRB) approval, if appropriate. The award recipient will also monitor and appropriately manage any subrecipients and/or subcontracts to ensure compliance with 28 CFR Part 46.
44. The recipient may not obligate, expend, or draw down funds until the recipient has submitted a revised budget and budget narrative reflecting the total amount of this award, and a Grant Adjustment Notice has been issued to remove this special 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 DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
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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.
DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
City of Gilroy
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EXHIBIT F: 2020 TITLE II AWARD FEDERAL CONDITIONS
1. 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.
2. Applicability of Part 200 Uniform Requirements
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The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2020 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2020 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2020 award.
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. 200.333.
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.
3. 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.
4. 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, DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
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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.
5. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) 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, 2018, will satisfy this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2018, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. 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.
6. 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.
7. Requirement to report potentially duplicative funding DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
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EXHIBIT F: 2020 TITLE II AWARD FEDERAL CONDITIONS
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-projectscope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding.
8. Requirements related to System for Award Management and Universal Identifier Requirements
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 (first-tier "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).
9. Employment eligibility verification for hiring under the award2
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 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) and (2). 2 Please note: this award condition is subject to a stipulated agreement between the State of California and DOJ in California v. Barr, No. 3:19-cv-6189-WHO, ECF No. 41 (N.D. Cal. June 3, 2020).
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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) and (2) 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) and (2).
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 DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
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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) and (2).
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 EVerify at [email protected] .
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
10.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 200.79) 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.
11.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 DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
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(Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.
12.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.
13.Unreasonable restrictions on competition under the award; association with federal government
SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier).
1. No discrimination, in procurement transactions, against associates of the federal government
Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") – no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
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or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ.
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. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future.
B. 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.
14.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.
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EXHIBIT F: 2020 TITLE II AWARD FEDERAL CONDITIONS
15.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 "Post award Requirements" in the "DOJ Grants Financial Guide").
16.Requirement for data on performance and effectiveness under the award 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.
17.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://ojp.gov/funding/Implement/TrainingPrinciplesForGranteesSubgrantees.htm.
18.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.
19.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.
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EXHIBIT F: 2020 TITLE II AWARD FEDERAL CONDITIONS
20.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.
21.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."
22.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 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination 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, currently, 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.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgibin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
23.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.) DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
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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.
24.Compliance with general appropriations-law restrictions on the use of federal funds (FY 2020) 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/FY20AppropriationsRestrictions.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.
25.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.
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26.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
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
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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.
27.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.
28.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.
29.Requirement to disclose whether recipient is designated "high risk" by a federal grantmaking 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 DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
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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.
30.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.
31.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.
32.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.
33.The recipient agrees that it will submit quarterly financial status reports to OJP on-line (at https://grants.ojp.usdoj.gov) using the SF 425 Federal Financial Report form (available for viewing at https://www.gsa.gov/forms-library/federalfinancial-report), not later than 30 days after the end of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the award period.
34.FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 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 DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F
City of Gilroy
BSCC 317-22
EXHIBIT F: 2020 TITLE II AWARD FEDERAL CONDITIONS
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 $25,000, 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).
[Intentionally Omitted: award conditions 35 through 38, as originally set out in the award document, per OJP Notice 42.]
39.The award recipient agrees, as a condition of award approval, to comply with the requirements of 28 CFR Part 22, including the requirement to submit a properly executed Privacy Certificate that is in compliance with 28 CFR § 22.23 to OJJDP for approval.
40.The award recipient agrees to comply with the requirements of 28 CFR Part 46 and all other Department of Justice/ Office of Justice Programs policies and procedures regarding the protection of human research subjects, including informed consent procedures and obtainment of Institutional Review Board (IRB) approval, if appropriate.
41.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 available, by posting it on the state’s publicly available website.
42.The recipient may not obligate, expend, or draw down funds until the recipient has submitted a revised budget and budget narrative reflecting the total amount of this award, and a Grant Adjustment Notice has been issued to remove this special condition.
43.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 DocuSign Envelope ID: 6331747F-C4BD-4774-8DB5-4D0AE5A4735F