October 19, 2026 | 6:00 PM Page 1 of 8 City Council
Regular Meeting
CITY COUNCIL
REGULAR MEETING
AGENDA
COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET, GILROY, CA
95020
5:00 CLOSED SESSION
6:00 REGULAR MEETING
MONDAY, OCTOBER 19, 2026 | 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 FRIDAY PRIOR TO THE MEETING Remote Participation
Gilroy City Council meetings are held in person. The community may attend in person or via Zoom (video/teleconference). The meetings are also live-streamed on the City's website and YouTube.
Those wishing to participate in the meetings remotely may join using the following link:
https://bit.ly/GilroyCityCouncilMeetings. Additionally, Zoom participants must be running the latest version or will be required to update to it before joining the meeting remotely.
Remote participation is also available by calling (669) 900-6833 and entering webinar ID: 930 2066 6240#. Dial *9 to raise your hand, and be called upon to speak for up to 3 minutes. Dial *6 to unmute.
Public Comment
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.
Public comment will be heard first from those attending in person, with the submission of a speaker card. Once that is complete, we will move to those on Zoom who have their virtual hand raised. Following public comment from Zoom, we will close the public comment period for that item.
Please note: Once the third speaker has provided comment on an item, there will be no further speaker cards or virtual raised hands taken for that item.
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
October 19, 2026 | 6:00 PM Page 2 of 8 City Council
Regular Meeting
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.
Written comments will not be read aloud during the meeting. They will be provided to the City Council, included in the meeting record, and posted on the City’s website as submitted. Communications sent to the City Council are public records and may be disclosed pursuant to the California Public Records Act and the Ralph M. Brown Act, unless exempt from disclosure under applicable law. Personal information, including email addresses, telephone numbers, home addresses, and other contact information, is not required to be included with your public comments. Please do not include any information that you do not want to be made public.
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 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].
October 19, 2026 | 6:00 PM Page 3 of 8 City Council
Regular Meeting
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:
www.cityofgilroy.org/translate
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.
1. CLOSED SESSION - 5:00 PM
1.1. Call to Order
1.2. Roll Call
1.3. PUBLIC APPOINTMENT / PUBLIC PERFORMANCE EVALUATION Government Code section 54957(b)(1); Gilroy City Code Section 17A.11(2) Title:
City Attorney
2. ADJOURN TO OPEN SESSION
Report of any action taken in Closed Session and vote or abstention of each Council Member if required by Government Code Section 54957.1 and GCC Section 17A.13(b); Public Report of the vote to continue in closed session if required under GCC Section 17A.11(5).
The agenda for this regular meeting is outlined as follows:
3. REGULAR MEETING - 6:00 PM
3.1. Call to Order
3.2. Roll Call
3.3. City Clerk's Report on Posting the Agenda
3.4. Pledge of Allegiance
3.5. Invocation
3.6. Orders of the Day
3.7. Employee Introductions
4. CEREMONIAL ITEMS - Proclamations and Awards
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Regular Meeting
4.1. United Against Hate Proclamation
4.2. Recognition of Fire Captain Casey Main
5. PRESENTATIONS TO THE COUNCIL
5.1. 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.
6. REPORTS OF COUNCIL MEMBERS
Council Member Bracco – 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 – Gilroy Sister Cities, 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 – ABAG, CalTrain Policy Group (alternate), 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
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Regular Meeting
Council Member Ramirez – ABAG (alternate), Gilroy Gardens Board of Directors (alternate), Cities Association of Santa Clara County, Gilroy Youth Task Force (alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, 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), Cities Association of Santa Clara County (alternate)
7. 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.
7.1. Approved the October 5, 2026 City Council Regular Meeting Minutes
7.2. Approve an Amendment for a One-Year Extension Option to Swimming Swan LLC in the Amount of $274,662 to serve as the Christopher High School Aquatics Center Operator in 2027
7.3. Adopt a resolution to Amend the FY 2026-2027 Budget for Community Facilities District (CFD) Fund (Fund 260) Increasing Appropriations in the Amount of $123,222, and Approve a First Amendment to the Agreement with Silicon Valley Paving, Inc. for the Precast Concrete Fence Replacement Project (No. 801240).
7.4. Approve Notice of Acceptance of Completion and Reduction of the Faithful Performance and Payment Bonds for Property Improvement Agreement No. 2023-02, Heritage Tract 10594
7.5. Approve Notice of Acceptance of Completion and Reduction of the Faithful Performance and Payment Bonds for Property Improvement Agreement No. 2023-03, Glen Loma Ranch McCutchin Creek Palomino Development, Tract 10472
7.6. Approve An Amendment To The Agreement With Youth Alliance For The South County Youth Task Force School-Based Youth Services Through June 30, 2027, And Increase The Contract Funding By $74,499.48, From The Original $130,105.14 To A Revised Not-To-Exceed Amount Of $204,604.62
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7.7. Approve an Addendum to the Agreement with Catholic Charities of Santa Clara County for South County Youth Task Force Community-Based Youth Services Through June 30, 2027, Expand Late-Night Gym Programming, and Increase the Contract Amount to a Not-to-Exceed $220,654
7.8. Annual Review and Adoption of the City's Investment Policy
7.9. Resolution Authorizing the City Administrator to Execute the Donation Acceptance Agreement for Rehabilitation of Two Parking Lots within Las Animas Veterans Park
8. PUBLIC HEARINGS
8.1. Ordinance Amending Article II Chapter 16A of the Gilroy Municipal Code regarding Mobile Vending
1. Disclosure of Ex-Parte Communications
2. Staff Report:
Raissa de la Rosa, Economic Development Director
3. Open Public Hearing
4. Close Public Hearing
5. Recommended Action:
1. Introduce an ordinance amending Article II, Chapter 16A, combining §§16A.13–15 into a new §16A.13 establishing permanent mobile vending regulations and consolidating permit procedures, prohibited locations, and operational standards, by reading of the title only and waiving further reading.
2. Schedule the second reading and formal adoption of the ordinance for the next regular City Council meeting on November 2, 2026.
8.2. Consider Extending the Urgency Interim Ordinance of a Temporary Moratorium on the Acceptance, Processing, and Approval of Applications and Entitlements for New Data Center Facilities Citywide, for a Period of Ten (10) Months and Fifteen (15) Days
1. Disclosure of Ex-Parte Communications
2. Staff Report:
Sharon Goei, Community Development Director
3. Open Public Hearing
4. Close Public Hearing
5. Recommended Action:
1. Determine the action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section
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Regular Meeting
15061(b)(3) of the CEQA Guidelines;
2. Direct the City Clerk to read the ordinance extending the Urgency Interim Ordinance by title only and to waive further reading;
3. Adopt an extension of the Urgency Interim Ordinance to prohibit the acceptance, processing, and approval of applications and entitlements for new Data Center facilities, for an additional ten months and 15 days, with the associated findings; and
4. Review, approve, and issue the 10-day report as required by Government Code Section 65858(d) for the extension of the Urgency Interim Ordinance.
9. INTRODUCTION OF NEW BUSINESS
9.1. Receive Preliminary Fiscal Year 2025-26 Year-End Financial Report, Approve the Pension and Other Post-Employment Benefits Section 115 Trust Contributions and the Capital Infrastructure Reserve Fund Contribution, and Adopt Resolutions Amending the Budget and Updating the Position Control List
1. Staff Report:
Cindy Murphy, Finance Director
2. Public Comment
3. Recommended Action:
1. Receive the preliminary Fiscal Year 2025-26 (FY26) year-end financial report.
2. Approve the Pension and Other Post-Employment Benefits (OPEB) Section 115 Trust contributions, and the Capital Infrastructure Reserve Fund contribution, pursuant to the Council adopted policies.
3. Adopt a resolution approving the updated Position Control List for Fiscal Year 2025-26 (FY26) and Fiscal Year 2026-27 (FY27).
4. Adopt a budget amendment resolution for Fiscal Year 2026-27 (FY27).
9.2. Discussion and Direction Regarding Establishing a Legislative Action Committee (FAIR Memo – Council Member Ramirez)
1. Staff Report:
Harjot Sangha, Assistant City Administrator
2. Public Comment
3. Recommended Action:
Council discussion and directions to staff on options for establishing a Legislative Action Committee for city positions on regional, state, and federal legislation.
9.3. Discussion and Direction Regarding a Free Community-Wide Infant Swimming Resource (ISR) Pilot Program (FAIR Memo – Council Member Ramirez)
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1. Staff Report:
Harjot Sangha, Assistant City Administrator
2. Public Comment
3. Recommended Action:
1. Receive a report on options for a free community-wide Infant Swimming Resource (ISR) pilot program; and
2. Provide direction to staff on which option(s) to develop further for a potential pilot ahead of the 2027 swim season.
10. CITY ADMINISTRATOR'S REPORTS
11. CITY ATTORNEY'S REPORTS
12. ADJOURNMENT
October 5, 2026 | 6:00 PM Page 1 of 13 City Council
Minutes
City of Gilroy
City Council
DRAFT
Minutes
Monday, October 5, 2026 | 6:00 PM
1. CLOSED SESSION - 5:00 PM
1. Call to Order
The closed session was called to order by Mayor Bozzo at 5:00 PM.
2. Roll Call
3. Opportunity for Public Comment on Closed Session
City Attorney Andy Faber announced the closed session items.
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 Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo
NAYS: None
ABSENT: None
City Attorney Andy Faber opened public comment at 5:02 P.M.
With no speakers, City Attorney Faber closed public comment.
4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) and Paragraph (1) of Subdivision (e) of Government Code Section 54956.9, Gilroy Code Section 17A.11(3)(b). One case
5. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph 4 of subdivision(d) of Section 54956.9, Gilroy City Code 17A.11(3)(b). One case
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8 and Gilroy City Code Sec.17A.8 (a) (2)
Property: Gilroy Gardens Theme Park – 3050 Hecker Pass Highway, Gilroy, CA
(APN's: 810-17-024, 810-17-026, 810-17-029, 810-17-030, 810-17-031, 810-18- 002, 810-18-013, 810-19-005, 810-19-007, 810-19-010, 810-19-011, 810-19-014) City negotiator: Matt Morley, City Administrator; Harjot Sangha, Assistant City Administrator
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Minutes
Other negotiating parties: Gilroy Gardens Family Theme Park, Inc.
Under negotiation: Price and terms of payment for the lease
7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8 and Gilroy City Code Sec.17A.8 (a) (2)
Property: Old City Hall Property and Parking Lot – 7400 Monterey Street, Gilroy, CA
(APNs: 841-06-061 and 841-08-044)
City negotiator: Matt Morley, City Administrator; Harjot Sangha, Assistant City Administrator
Other negotiating parties: Fran Beaudet; Bobby Beaudet; Raj Nayyar Under negotiation: Price and terms of payment for the lease
8. PUBLIC APPOINTMENT / PUBLIC PERFORMANCE EVALUATION
Government Code section 54957(b)(1); Gilroy City Code Section 17A.11(2) Title: City Attorney
2. ADJOURN TO OPEN SESSION
City Attorney Andy Faber announced there was no reportable action from the closed session.
3. REGULAR MEETING - 6:00 PM
1. Call to Order
The regular meeting was called to order by Mayor Bozzo at 6:08 PM.
2. Roll Call
Attendance Attendee Name
Present Council Member Dion Bracco
Council Member Tom Cline
Council Member Terence Fugazzi
Council Member Zach Hilton
Council Member Carol Marques
Council Member Kelly Ramirez
Mayor Greg Bozzo
3. City Clerk's Report on Posting the Agenda
City Clerk Kim Mancera reported on the Posting of the Agenda.
4. Pledge of Allegiance
Mayor Bozzo led the Pledge of Allegiance.
5. Invocation
Jesse Jimenez with New Hope Community Church led the Invocation.
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Minutes
6. Orders of the Day
None.
7. Employee Introductions
Assistant City Administrator Harjot Sangha introduced Community Resilience Coordinator Lloyd Shand and Management Assistant Akhill Miller.
Police Chief Brandon Sanchez introduced Community Engagement Coordinator Catherine Virgen, Police Officer Trainee Salvador Zendejas, and Police Officer Trainee Antonio De Santiago.
4. CEREMONIAL ITEMS - Proclamations and Awards
1. Proclamation Recognizing Water Professionals
Mayor Bozzo presented a Proclamation Recognizing Water Professionals Week to Utilities Director Derek Cray.
5. COUNCIL CORRESPONDENCE (Informational Only)
6. PRESENTATIONS TO THE COUNCIL
1. 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 6:25 P.M.
Noshaba requested the City to establish a clear country neutral policy prohibiting foreign paid government travel.
Genevieve Corbon spoke regarding a crosswalk on Monterey Road between 10th Street and Luchessa Avenue.
Nikole S. spoke in support of the skating rink Skater Things.
Yanessa Cruz spoke in support of the skating rink Skater Things.
Avery Garcia spoke in support of the skating rink Skater Things.
Diana B. spoke in support of the skating rink Skater Things.
Catwoman emphasized focusing on community issues faced by residents at Camp Hope.
Gerardo Leon requested clear country neutral rules regarding foreign paid travel, spoke in support of the skating rink and Camp Hope.
Christina Tovar spoke in support of the skating rink Skater Things.
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Minutes
Marissa Lopez spoke in support of the skating rink Skater Things.
Ron Kirkish spoke regarding climate change.
Dan Donavan spoke about the Environmental Impact Report on the builder's remedy development planned for Hecker Pass.
Britt Smith spoke on Zoom in support of extending the moratorium and in support of Camp Hope.
With no further speakers, Mayor Bozzo closed public comment.
7. REPORTS OF COUNCIL MEMBERS
1. Council Member Bracco – 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 – Gilroy Sister Cities, 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 – ABAG, CalTrain Policy Group (alternate), 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), Cities Association of Santa Clara County, Gilroy Youth Task Force (alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, 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
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Minutes
Community Development Advisory Committee (alternate), Cities Association of Santa Clara County (alternate)
Council Member Bracco - No report.
Council Member Fugazzi - No report.
Council Member Marques - Reported on the Santa Clara County Habitat Agency Governing Board.
Council Member Hilton - Reported on the Silicon Valley Clean Energy Authority JPA Board.
Council Member Ramirez - Reported on the Unhoused Ad Hoc Committee and the League of California Cities conference.
Council Member Cline - Reported on ribbon cutting at the Urban Air Adventure company.
Mayor Bozzo - Reported on the Urban Air Adventure company and the Santa Clara County Sheriff's office graduation.
8. CONSENT CALENDAR
Mayor Bozzo opened public comment at 7:00 P.M.
Mary Yates spoke opposing item 8.4 the Addition of the Gilroy Public Library Electrical Vehicle Chargers Project.
With no further speakers, Mayor Bozzo closed public comment.
Motion
Approve the consent calendar items 8.1, 8.2, 8.6, and 8.7.
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 Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo NAYS: None
ABSENT: None
Motion
Approve the consent calendar items 8.3, 8.4, and 8.5.
RESULT: Passed
MOVER: Council Member Zach Hilton
SECONDER: Council Member Terence Fugazzi
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council
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Minutes
Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo NAYS: None
ABSENT: None
1. Approve the September 14, 2026 City Council Meeting Minutes, the September 16, 2026 City Council Study Session Meeting Minutes and the September 17, 2026 State of the City Meeting Minutes
2. Receive the Annual and Five-Year Development Impact Fee Report for Fiscal Year Ended June 30, 2026, and Adopt a Resolution Making the Five-Year Findings Required by the Mitigation Fee Act
3. Adoption of an Ordinance of the City Council of the City of Gilroy Amending Specified Provisions of Article VIII of Chapter 13 of the Gilroy City Code Relating to Tobacco Retailer Permits, Compliance, Enforcement, and Penalties
4. Approve the Addition of the Gilroy Public Library Electrical Vehicle Chargers Project to the FY26-27 Capital Improvement Program, and Adopt a Resolution Amending the FY26-27 Budget to Appropriate Grant Funds to the General Fund and Expenditures
5. Approve the Addition of the Las Animas School Traffic Safety Improvements Project to the FY26-27 Capital Improvement Program, and Adopt a Resolution Amending the FY26-27 Budget to Appropriate Grant Funds to the Transportation/Mobility Grant Fund and Expenditures
6. Approval of a Single Source Purchasing Contract With Fairfield Chevrolet (California Police Cars) in the Amount of $95,478.24 for the Purchase of One Fully Upfitted Chevrolet Tahoe Police Responder Vehicle
7. Approve the 2027 City Council Meeting Schedule
9. PUBLIC HEARINGS
1. Adopt a Resolution Updating and Establishing Various User Fees in the Comprehensive Fee Schedule
Community Development Director Sharon Goei provided a report.
Clearsource Financial Consulting President Terry Madsen gave a presentation.
Mayor Bozzo opened public comment at 7:26 P.M.
With no speakers, Mayor Bozzo closed public comment.
Motion
Adopt a resolution which includes the following: Updating and establishing various user fees in the Comprehensive Fee Schedule, effective January 1, 2027. The updated fees will be incorporated into the City's Comprehensive Fee Schedule; and
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Minutes
the fees may be updated with the Comprehensive Fee Schedule on July 1, 2027, and follow the annual automatic Consumer Price Index (CPI) thereafter in accordance with the existing City Code.
RESULT: Passed
MOVER: Council Member Tom Cline
SECONDER: Council Member Dion Bracco
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo
NAYS: None
ABSENT: None
10. UNFINISHED BUSINESS
1. Consideration of the Approval of the 2026 Update to the Gilroy Civic Center Master Plan and Certification of the Final Environmental Impact Report Public Works Project Manager Ryan Osenton provided a presentation and report.
Mayor Bozzo opened public comment at 7:58 P.M.
Dan Donovan spoke in support of the Civic Center Master Plan.
With no further speakers, Mayor Bozzo closed public comment.
Motion
Adopt a resolution certifying the Final Environmental Impact Report, adopting required CEQA findings including Statements of Overriding Consideration and the Mitigation Monitoring and Reporting Plan for the 2026 update of the Gilroy Civic Center Master Plan.
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 Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo
NAYS: None
ABSENT: None
Motion
Adopt the 2026 update of the Gilroy Civic Center Master Plan.
RESULT: Passed
MOVER: Council Member Zach Hilton
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Minutes
SECONDER: Council Member Kelly Ramirez
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo
NAYS: Council Member Terence Fugazzi
ABSENT: None
Motion
Require staff to return to council with a cost analysis of demolition versus restoration of Wheeler Auditorium prior to any additional work on the Civic Center Master Plan.
RESULT: Passed
MOVER: Mayor Greg Bozzo
SECONDER: Council Member Zach Hilton
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo
NAYS: None
ABSENT: None
The meeting recessed at 8:10 P.M. and reconvened at 8:25 P.M.
2. Adopt a Resolution Approving New City of Gilroy Flag Policy Public Works Deputy Director Matt Jones provided a presentation and report.
Mayor Bozzo opened public comment at 8:31 P.M.
Alicia spoke in support of no fees and no signatures for flying a flag.
With no further speakers, Mayor Bozzo closed public comment.
Motion
Adopt a Resolution rescinding Resolution No. 2022-09 and approving a new City of Gilroy Flag Policy with no fee and no signature requirement and include staff to coordinate flag raising time with applicant.
RESULT: Passed
MOVER: Council Member Kelly Ramirez
SECONDER: Council Member Zach Hilton
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo
NAYS: None
ABSENT: None
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Minutes
3. Gilroy Sports Park Ice Skating Facility – Ad Hoc Committee Update and Recommendation
Assistant City Administrator Harjot Sangha gave a presentation and report.
Mayor Bozzo opened public comment at 9:04 P.M.
Greg Felios spoke in support of the future feasibility of the Ice Skating Facility.
With no further speakers, Mayor Bozzo closed public comment.
Motion
To receive the report of the Gilroy Sports Park Ice Skating Facility Ad Hoc Committee with the finding that no economically feasible path currently exists to construct the Gilroy Sports Park Ice Skating Facility, discontinue active pursuit of the project, and sunset the Ad Hoc Committee; Reaffirm annexation of the Gilroy Sports Park property as a standing Council priority and direct staff to continue processing the annexation through the Santa Clara County Local Agency Formation Commission (LAFCO), so that the site remains positioned for future development consistent with the Gilroy Sports Park Master Plan.
RESULT: Passed
MOVER: Council Member Zach Hilton
SECONDER: Council Member Tom Cline
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo
NAYS: None
ABSENT: None
11. INTRODUCTION OF NEW BUSINESS
1. Approval of the International Association of Fire Fighters (IAFF), Gilroy Firefighters, Local 2805 Memorandum of Understanding and Related Salary Schedules for the Period of July 1, 2026 - June 30, 2029 Extra Help Special Assistant - Human Resources Risk Management LeeAnn McPhillips provided a report.
Mayor Bozzo opened public comment at 9:14 P.M.
With no speakers, Mayor Bozzo closed public comment.
Motion
Approve the Memorandum of Understanding with IAFF, Gilroy Firefighters, Local 2805 for the period July 1, 2026 - June 30, 2029.
RESULT: Passed
MOVER: Council Member Tom Cline
October 5, 2026 | 6:00 PM Page 10 of 13 City Council
Minutes
SECONDER: Council Member Terence Fugazzi
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo
NAYS: None
ABSENT: None
Motion
Adopt a Resolution of the City Council of the City of Gilroy approving the September 1, 2026, July 1, 2027, January 1, 2028, July 1, 2028, and January 1, 2029 salary schedules associated with IAFF, Gilroy Firefighters, Local 2805 MOU RESULT: Passed
MOVER: Council Member Tom Cline
SECONDER: Council Member Terence Fugazzi
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo
NAYS: None
ABSENT: None
2. Consider Adopting an Urgency Interim Ordinance Imposing a Temporary 45- Day Moratorium on Applications and Entitlements for Detention and Custodial Facilities on Private Property, and on Public Property to the Extent Permitted by Law; and a Resolution Adopting a City Council Policy Prohibiting the Use of City Property for Civil Immigration Enforcement Activities; and Provide Direction Regarding Submission of a City Viewpoint to Federal Agencies Assistant City Administrator Harjot Sangha provided a report.
Mayor Bozzo opened public comment at 9:34 P.M.
Noshaba spoke in support of the moratorium.
Guadalupe Lopez spoke in support of the moratorium.
AnnMarie McCully spoke in support of the moratorium.
Alicia spoke in support of the moratorium.
Michael Hoshida spoke in support of the moratorium.
Daisy Tinoco spoke in support of the moratorium.
Diane Ortiz spoke in support of the moratorium.
Jan Guffey spoke in support of the moratorium.
October 5, 2026 | 6:00 PM Page 11 of 13 City Council
Minutes
Charleene Puder spoke in support of the moratorium.
Diana Bentz spoke in support of the moratorium.
Edwin Salazer spoke in support of the moratorium.
Julianne Saenz spoke in support of the moratorium.
Brisamar Zamora spoke in support of the moratorium. Vote for no staging.
Mia Zamora spoke in support of the moratorium. Vote for no staging.
Rebeca Armendariz spoke in support of the moratorium.
Mayra spoke in support of the moratorium.
Sandra spoke in support of the moratorium.
Maricruz spoke in support of the moratorium.
Jose Gonzalez spoke in support of the moratorium.
Yaneth Ortega spoke in support of the moratorium.
Gerardo Leon spoke in support of the moratorium.
Luz C. raised a sign in support of the moratorium.
Martha L. Martinez spoke in support of the moratorium.
Jose Macias spoke in support of the moratorium.
Julie Della Maggiora spoke in support of the moratorium.
Sofia Montes spoke in support of the moratorium.
Sally Armendariz spoke in support of the moratorium.
Ron Kirkish spoke against the moratorium.
With no further speakers, Mayor Bozzo closed public comment.
Motion
Determine that the actions of adopting the Urgency Interim Ordinance and the Resolution are not a project under, and are in any event exempt from, the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15378,
October 5, 2026 | 6:00 PM Page 12 of 13 City Council
Minutes
15060(c)(2), and 15061(b)(3).
RESULT: Passed
MOVER: Council Member Zach Hilton
SECONDER: Council Member Kelly Ramirez
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo
NAYS: None
ABSENT: None
Motion
Read the ordinance by title only and waive further reading.
RESULT: Passed
MOVER: Council Member Zach Hilton
SECONDER: Council Member Kelly Ramirez
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo
NAYS: None
ABSENT: None
Motion
Adopt an Urgency Interim Ordinance, pursuant to California Government Code Section 65858, imposing a temporary moratorium, citywide, for a period not to exceed 45 days, on the filing, acceptance, processing, and approval of applications and entitlements for the establishment, expansion, or change of use of Detention and Custodial Facilities on private property, and on public property to the extent permitted by federal and state law, with certain exemptions, and make the findings incorporated in the ordinance that there is a current and immediate threat to the public health, safety, and welfare.
RESULT: Passed
MOVER: Council Member Zach Hilton
SECONDER: Council Member Kelly Ramirez
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo
NAYS: None
ABSENT: None
Motion
Adopt a Resolution adopting a City Council Policy prohibiting the use of Cityowned and City-controlled property as a staging area, processing location, or operations base for civil immigration enforcement activities.
October 5, 2026 | 6:00 PM Page 13 of 13 City Council
Minutes
RESULT: Failed
MOVER: Council Member Zach Hilton
SECONDER: None
AYES: None
NAYS: None
ABSENT: None
12. CITY ADMINISTRATOR'S REPORTS
No report.
13. CITY ATTORNEY'S REPORTS
No report.
Adjourned to closed session at 10:48 p.m.
14. ADJOURNMENT
With no additional business before the Council, the meeting was adjourned at 11:00 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
7.2. City of Gilroy
STAFF REPORT
Agenda Item Title: Approve an Amendment for a One-Year Extension Option to Swimming Swan LLC in the Amount of $274,662 to serve as the Christopher High School Aquatics Center Operator in 2027.
Meeting Date: October 19, 2026
From: Matt Morley, City Administrator
Department: Recreation
Submitted by: Adam Henig, Recreation Manager
Prepared by: Adam Henig, Recreation Manager
STRATEGIC PLAN GOALS: Ensure Neighborhood Equity from City Services
RECOMMENDATION
1. Approve an amendment to include compensation for the one-year extension option to Swimming Swan LLC to serve as the Christopher High School Aquatics Center Operator in 2027 in total amount of $274,662.
2. Authorize the City Administrator to execute the contract and associated documents.
EXECUTIVE SUMMARY
Since 2022 when the pool reopened from the pandemic, Swimming Swan, LLC has served as the operator of the Christopher High School Aquatics Center. Through a Request for Proposals (RFP) process, City Council awarded Swimming Swan a threeyear agreement (2022-24). Through two additional RFP processes (preceding the 2025 and 2026 seasons) City Council awarded Swimming Swan one-year agreements. Staff is requesting that Council approve an amendment for a one-year extension option for the 2027 season. With the current Recreation Needs Assessment in progress, having Swimming Swan serve as the operator will allow the City to complete the assessment, receive the recommendations, and make related adjustments. Completion of the
7.2. assessment is expected in the spring of 2027. Having the extension approved now will provide certainty to the community and for the contractor to plan for the 2027 program.
BACKGROUND
As a result of reductions following the pandemic, the Recreation Department no longer had the funding and resources to operate the pool at Christopher High. When the decision to reopen the Center was made and to offer swim lessons and recreation swim, the City selected an outsourced model to provide the program. In 2021, following an RFP, the Council awarded Swimming Swan a contract as the operator for three years (2022-2024).
A second RFP selection process followed for the 2025 season, in which Swimming Swan was awarded a one-year agreement. Similarly for the 2026 season, Swimming Swan earned the highest score among the three respondents to an RFP and was awarded the agreement for the 2026 season.
The season begins Memorial Day weekend and concludes Labor Day weekend with hiring and training typically beginning in January, necessitating an early award of contract in order to prepare for the season.
ANALYSIS
Since 2022, as the operator of the Aquatics Center, Swimming Swan has served more than 35,000 people, of which approximately 87% were residents. They have taught 6,000 youth, teens, and adults swimming lessons and more than 29,000 have participated in recreation swimming. They have offered 221 scholarships to youth and families who have experienced economic constraints. In addition to lessons and recreation swim, Swimming Swans provides aqua yoga classes, junior lifeguarding camps, lap swimming, and opportunities to rent a party area.
Successful Partner
Despite having to navigate various expected and unexpected challenges such as inclement weather, power outages, limited access to the facility due to school usage, and competing for space with CHS athletic teams, Swimming Swan has consistently maintained a high level of professionalism. In addition, they have excellent communication with City staff, have invested in a robust registration system, consistently pass their state inspections, have invested in new swimming equipment, have a seamless gate entry experience, hire locally (among their staff in 2026, 78% reside in Gilroy), and, most importantly, provide a valuable resource to Gilroy residents, especially those without access to a swimming pool.
7.2. Contract Terms
The management fee of $274,662 is 3% higher than the 2026 fee ($266,662). The increase is based on the 12-month 2025 San Francisco Bay Area Consumer Price Index (CPI) adjustment. The proposed fee covers the following services and expenses:
• Administrative
• Insurance
• Technology Platform
• Red Cross audit
• Custodial cleaning
• Additional equipment
• Staff uniforms
The operator will oversee recruiting, hiring, on-boarding, and training its lifeguards and cashiers as well as providing janitorial support.
The City will be responsible for all building maintenance (not janitorial), capital improvements, utilities, water slide waxing and maintenance, and serve as the liaison between the School District and the operator. The City will also provide marketing support. The facility responsibilities are already in the existing budget.
Fees
Swimming Swan would offer services to the public that are similar to what they offered in 2026. This includes group swim lessons for youth and adults, private lessons, aquatic classes (Aqua Yoga), lap swim, lap lane rentals, a junior lifeguard program, party rental area, and recreation swim. They will continue to offer scholarships to economically disadvantaged youth.
The proposed 2027 fees are the same as they were in 2026:
• Swim Lessons (8 days): $122 per resident or $132 per nonresident • Recreation Swim (daily entrance, Weekdays/Weekends):
o Children under age 2 are free
o Seniors Resident $8/$9
o Military Resident $8/$9
o Youth Resident $8/$10
o Adult Resident $10/$12
None of the admission or registration fees will be received by the City of Gilroy.
7.2. ALTERNATIVES
Council could reject this agreement and choose not to provide a swimming program in 2027. Staff does not recommend this option.
FISCAL IMPACT/FUNDING SOURCE
Program fundings of $274,662 would come from the Recreation Fund (Fund 290). This amount is 3% higher than the 2026 fee ($266,662), which is based on the 12-month 2025 San Francisco Bay Area CPI adjustment. No budget amendment is needed.
PUBLIC OUTREACH
Aquatics has been discussed at several public City Council meetings, with updates shared on social media and in the City’s e-newsletter. The direction and approvals tonight will also be shared on the City’s social media and e-newsletter.
NEXT STEPS
Staff will negotiate the final conditions and terms of the agreement, based upon Council action.
Attachments:
1. Agreement for Services - Swan Aquatics - Aquatics Center Operator 2027
FIRST AMENDMENT TO SWIMMING SWAN, LLC AGREEMENT FOR SERVICES WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Swimming Swan, LLC entered into that certain agreement entitled Agreement for Services, effective on February 26, 2026, hereinafter referred to as “Original Agreement”; and WHEREAS, City and Swimming Swan, LLC 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. The first paragraph of Article 1 (Term of Agreement) of the Original Agreement shall be amended to read as follows:
a. “This Agreement will become effective on November 1, 2026 and continue in effect through October 1, 2027 unless terminated in accordance with the provisions of Article 7 of this agreement.
2. Article 4 (A) Compensation: The total amended amount of the agreement is $274,661.86.
3. Exhibit C -Milestone Schedule:
a. There will be no aquatics programming taking place Tuesday through Friday during the week of Christopher High School's annual graduation.
b. On the first of every month, from April 1 through the end of the season (in September, it will be seven days following Labor Day), the contractor will provide a monthly report to the City staff representative, as explained in Exhibit "B," Scope of Services (Section A, #8). Failure to provide monthly status reports will delay payment.
4. Exhibit D – Payment Schedule to reflect additional payments:
a. The City will compensate Swimming Swan with a a management fee of $274,661.86, which will cover insurance, certifications, equipment, and any additional administrative expenditures, will be paid over the course of a calendar year and will be issued in semiannual installments of $137,330.93 on the following dates: June 1 and October 12.
5. 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.
6. 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 SWIMMING SWAN, LLC
By: By:
[signature] [signature]
Matt Morley Melissa Swan-Musil
City Administrator, Administration
Department
Owner, Swimming Swan, LLC
Date: Date:
Approved as to Form: ATTEST:
City Attorney City Clerk
City of Gilroy
Agreement/Contract Tracking
Today’s Date: February 26, 2026 Your Name: Bryce Atkins Contract
Type:
Services over $5k - Contractor -
NO ENG OR DESIGN
Phone Number: (408)846-0210
Contract Effective Date:
(Date contract goes into effect)
12/30/2025
Contract Expiration Date: 10/1/2026
Contractor / Consultant Name:
(if an individual’s name, format as
last name, first name)
Swimming Swan
Contract Subject:
(no more than 100 characters)
Aquatics Center Operator Contract
Contract Amount:
(Total Amount of contract. If no
amount, leave blank)
266662
By submitting this form, I confirm
this information is complete:
➢ Date of Contract
➢ Contractor/Consultant name and complete address
➢ Terms of the agreement (start date, completion date or “until project completion”, cap of compensation to be paid)
➢ Scope of Services, Terms of Payment, Milestone Schedule and exhibit(s) attached
➢ Taxpayer ID or Social Security # and Contractors License # if applicable
➢ Contractor/Consultant signer’s name and title
➢ City Administrator or Department Head Name, City Clerk (Attest), City Attorney (Approved as to Form)
Routing Steps for Electronic Signature
Risk Manager
City Attorney Approval As to Form
City Administrator or Department Head
City Clerk Attestation
Docusign Envelope ID: F2AAA950-4458-458E-B30D-742AAD6C632E
TYPE OF
PROCURMENT
DOLLAR THRESHOLD / SIGNING AUTHORITY
STAFF LEVEL DEPARTMENT HEAD CITY ADMINISTRATOR COUNCIL APPROVAL $0-$999.99 $1,000-$49,999.99 $50,000-$99,999.99 $100,000-Above
EQUIPMENT
/SUPPLIES/
MATERIALS
Furniture, hoses,
parts, pipe
manholes, office
supplies, fuel, tools,
PPE items, etc…
• Vendor selection at
discretion of staff
Payment Method
Purchase Card or
Payment Request (if
vendor does not accept
credit cards)
• Informal
bid/quotation –
3 quotes (verbal
or written)
• Purchasing
Summary form
w/ Purchasing
Approval
• Purchase
Requisition
Payment Method
Purchase Order*
• Informal
bid/quotation –
3 written quotes
• Purchasing
Summary form w/
City Administrator
Approval
• Purchase
Requisition
Payment Method
Purchase Order
• Formal Bid
• Advertisement
• Council Approval
• Purchase
Requisition signed
by City
Administrator
Payment Method
Purchase Order
GENERAL SERVICES
Janitorial, landscape
maintenance,
equipment repair,
installation, graffiti
abatement, service
inspections,
uniform cleaning,
etc…
• Vendor selection at
discretion of staff
• May require insurance
documents depending
on scope/ nature of
work
Payment Method
Purchase Card (if
incorporated)
Signed Payment Request (if sole
proprietor or partner)
• Informal
bid/quotation –
3 quotes (verbal
or written)
• Purchasing
Summary form
w/ Department
Head Approval
• Standard
Agreement
• Purchase
Requisition
Payment Method
Purchase Order*
• Informal Bid/RFP
quotation – 3
written quotes
• Purchasing
Summary form w/
City Administrator
Approval
• Standard
Agreement
• Purchase
Requisition
Payment Method
Purchase Order
• Formal
Bid/RFP/RFQ
• Advertisement
• Council Approval
• Standard
Agreement
• Purchase
Requisition
Payment Method
Purchase Order
PROFESSIONAL
SERVICES
Consultants,
architects,
designers, auditors,
etc...
• Vendor selection at the
discretion of staff
• Purchase Summary
Form w/ Purchasing
Approval
• Standard Agreement
signed by Department
Head
• Purchase Requisition
Payment Method
Purchase Order
• RFP/RFQ to at
least 3
consultants
• Purchase
Summary Form
w/ Department
Head Approval
• Standard
Agreement
• Purchase
Requisition
Payment Method
Purchase Order
• RFP/RFQ to a list
of consultants
• Evaluation
Spreadsheet w/
City Administrator
Approval
• Standard
Agreement
• Purchase
Requisition
Payment Method
Purchase Order
• Formal RFP/RFQ
• Advertisement
• Council Approval
• Standard
Agreement signed
by City
Administrator
• Purchase
Requisition
Payment Method
Purchase Order
Docusign Envelope ID: F2AAA950-4458-458E-B30D-742AAD6C632E
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LAC\04706083
AGREEMENT FOR SERVICES
(For contracts over $5,000 – NON-DESIGN, NON-ENGINEERING TYPE CONTRACTOR) This AGREEMENT made this 26th day of February, 2026, between:
CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California
and CONTRACTOR: The Swimming Swan, LLC dba Swan Aquatics, having a principal place of business at 903 Paseo Del Lago, Fallbrook, CA 92028.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on 12/30/2025 and will continue in effect through 10/1/2026, with one, one-year extension option at the CITY's sole discretion, 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 CONTRACTOR 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 CONTRACTOR or any employee or agent of CONTRACTOR. Both parties acknowledge that CONTRACTOR is not an employee for state or federal tax purposes.
CONTRACTOR 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. CONTRACTOR shall retain the right to perform services for others during the term of this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR
A. Specific Services
CONTRACTOR agrees to: Perform the services as outlined in Exhibit “A” (“Specific Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit “C” (“Milestone Schedule”).
B. Method of Performing Services
CONTRACTOR 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 CONTRACTOR’S services.
Docusign Envelope ID: F2AAA950-4458-458E-B30D-742AAD6C632E
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LAC\04706083
C. Employment of Assistants
CONTRACTOR may, at the CONTRACTOR’S own expense, employ such assistants as CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONTRACTOR’S assistants in the performance of those services. CONTRACTOR 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
CONTRACTOR shall perform the services required by this Agreement at any place or location and at such times as CONTRACTOR shall determine is necessary to properly and timely perform CONTRACTOR’S services.
ARTICLE 4. COMPENSATION
A. Consideration
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 $266,662.
B. Invoices
CONTRACTOR 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 CONTRACTOR has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit “A”, Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONTRACTOR of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties.
D. Expenses
CONTRACTOR 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 CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed against CONTRACTOR and all other of CONTRACTOR’S costs of doing business. CITY shall not be responsible for any expenses incurred by CONTRACTOR in performing services for CITY, except for those expenses constituting “direct expenses” referenced on Exhibit “A.” Docusign Envelope ID: F2AAA950-4458-458E-B30D-742AAD6C632E
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LAC\04706083
ARTICLE 5. OBLIGATIONS OF CONTRACTOR
A. Tools and Instrumentalities
CONTRACTOR shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent any tools, equipment or services from CITY.
B. Workers’ Compensation
CONTRACTOR agrees to provide workers’ compensation insurance for CONTRACTOR’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 CONTRACTOR’S employees.
C. Indemnification of Liability, Duty to Defend
As to all liability, to the fullest extent permitted by law, CONTRACTOR 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 CONTRACTOR or CONTRACTOR’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, CONTRACTOR shall acquire and maintain Workers’ Compensation, Employer Liability, Commercial General Liability, Sexual Abuse Molestation, and owned/non-owned/hired automobile liability insurance coverage relating to the CONTRACTOR’s use of the Facility, including coverage of the activity pool’s play structure and four waterslides. The insurance coverage will need to be approved by the City. The CONTRACTOR will provide the City with 30 days’ notice of any changes, cancellations, or nonrenewals. CONTRACTOR shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, with a minimum combined single limit coverage of $10,000,000 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; (b) Insurance coverage for owned and non-owned automobiles with a minimum combined single limit coverage of $1,000,000 per occurrence; Insurance coverage for Sexual Abuse Molestation with a minimum combined single limit coverage of $1,000,000 per occurrence.
As a condition precedent to CITY’S obligations under this Agreement, CONTRACTOR 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 Docusign Envelope ID: F2AAA950-4458-458E-B30D-742AAD6C632E
-4- 4835-2267-0361v1
LAC\04706083
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 CONTRACTOR under this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion.
F. State and Federal Taxes
As CONTRACTOR is not CITY’S employee, CONTRACTOR shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges and agrees that:
• CITY will not withhold FICA (Social Security) from CONTRACTOR’S payments;
• CITY will not make state or federal unemployment insurance contributions on CONTRACTOR’S behalf;
• CITY will not withhold state or federal income tax from payment to CONTRACTOR;
• CITY will not make disability insurance contributions on behalf of CONTRACTOR;
• CITY will not obtain workers’ compensation insurance on behalf of CONTRACTOR.
ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONTRACTOR’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 CONTRACTOR. Such assignment shall not release CONTRACTOR from any of CONTRACTOR’S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of CONTRACTOR’s Business/ Death of CONTRACTOR.
CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR’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 Docusign Envelope ID: F2AAA950-4458-458E-B30D-742AAD6C632E
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LAC\04706083
pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’ receipt of such notice of sale.
If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated upon death of CONTRACTOR.
B. Termination by City for Default of CONTRACTOR
Should CONTRACTOR 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 CONTRACTOR. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following:
1. CONTRACTOR’S failure to professionally and/or timely perform any of the services contemplated by this Agreement.
2. CONTRACTOR’S breach of any of its representations, warranties or covenants contained in this Agreement.
CONTRACTOR 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 CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONTRACTOR’S default in the performance of this Agreement or material breach by CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY may have, CONTRACTOR 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 CONTRACTOR for the performance of that task pursuant to this Agreement.
C. Termination for Failure to Make Agreed-Upon Payments Should CITY fail to pay CONTRACTOR 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, CONTRACTOR, at the CONTRACTOR’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 CONTRACTOR to CITY.
D. Transition after Termination
Upon termination, CONTRACTOR shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONTRACTOR shall cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in connection with this Agreement. CONTRACTOR 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 Docusign Envelope ID: F2AAA950-4458-458E-B30D-742AAD6C632E
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any the assumption of CONTRACTOR’s duties by any new CONTRACTOR 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 CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR, 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 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 CONTRACTOR 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, CONTRACTOR 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.
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F. Conflict of Interest
CONTRACTOR 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 CONTRACTOR and that no person associated with CONTRACTOR 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 CONTRACTOR 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.
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.
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L. Waiver
CONTRACTOR 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.
CONTRACTOR: CITY:
THE SWIMMING SWAN, LLC dba
SWAN AQUATICS
CITY OF GILROY
By: By:
Name: Melissa Swanson Musil Name: Matt Morley
Title: President Title: City Administrator
Social Security or Taxpayer
Identification Number 47-1754638
Approved as to Form ATTEST:
City Attorney City Clerk
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EXHIBIT “A”
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONTRACTOR 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, CONTRACTOR agrees to assign Melissa Swanson Musil, 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, CONTRACTOR 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
CONTRACTOR shall commence the Services upon delivery to CONTRACTOR 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, Adam Henig, Recreation Manager, shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONTRACTOR or if otherwise delivered as provided in the Section V.H. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONTRACTOR has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONTRACTOR written Notice of Final Acceptance, and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR 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 CONTRACTOR has not completed all of such Services as required by this Agreement, CITY shall so inform CONTRACTOR 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 CONTRACTOR as provided for in Article 4 of this Agreement.
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Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY.
CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct expenses.
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
CONTRACTOR 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 CONTRACTOR’S representations and warranties regarding its skills, qualifications and licenses. CONTRACTOR 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 CONTRACTOR
CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONTRACTOR 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 CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR’S negligent performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
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 CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR shall maintain for a minimum period of three (3) years (from the date of final payment to CONTRACTOR), 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 CONTRACTOR, all of which shall be made available to CITY at the CITY’s offices within five (5) business days after CITY’s request.
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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 other information developed or received by or for CONTRACTOR and all other written and oral information developed or received by or for CONTRACTOR and all other written and oral information submitted to CONTRACTOR in connection with the performance of this Agreement shall be held confidential by CONTRACTOR 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 CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONTRACTOR’S disclosure thereof) shall be deemed confidential. CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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, CONTRACTOR shall not be responsible for, and City shall indemnify CONTRACTOR 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.
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H. NOTICES.
Notices are to be sent as follows:
CITY: Adam Henig, Recreation Manager
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONTRACTOR: Melissa Swanson Musil, President
903 Paseo Del Lago
Fallbrook, CA 92028
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
CONTRACTOR 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 CONTRACTOR warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, 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
A. General Requirements
The Aquatic Service CONTRACTOR (“CONTRACTOR”) shall deliver the following scope of services and meet the following minimum requirements:
1. Facility: The CONTRACTOR shall operate the facility commonly known as the Christopher High School Aquatics Center (“CHS Aquatics Center”), which consists of two pools: the activity pool with a play structure and four waterslides, and a 50-meter competition pool with two diving boards, which will not be in operation. The facility also includes outdoor showers, men’s and women’s bathrooms, a lifeguard office, concrete pool decks with shade structures and picnic tables, bleachers, a storage closet, a storage shed, a triage room, and an adjoining office with a ticket window. Pool maintenance is handled by Gilroy Unified School District staff (“GUSD”), and they have sole access to the pump room.
2. Services: The CONTRACTOR must provide the following aquatic services: swim lessons and recreation swim. Additional services may include, but are not limited to: lap swim, master swim, water aerobics/exercise classes, swim team partnership, lifeguard certification classes, pool parties/rental program, and/or food and non-alcoholic drink concession operations. Other programs or services outside of the intended use of the facility or from the list mentioned above will require prior approval by the City and may require approval from GUSD.
3. Hours of Operation: When school is not in session, the CONTRACTOR may use the Activity Pool. During the summer, the Activity Pool is available from 8:00 am to 8:00 pm, six days a week (not available on Mondays due to weekly maintenance). The CONTRACTOR may use the competition pool when school is not in session and is not being used by a GUSD program. The City will negotiate the schedule with GUSD on behalf of the CONTRACTOR.
4. Program Fees: The fees charged by the CONTRACTOR for aquatic services shall be comparable to rates and fees charged by other public aquatic facilities in surrounding communities and reviewed by the CITY before being publicly released. The CONTRACTOR shall provide an option for low-cost swim lessons for income-eligible youth (17 years old and under) living in the incorporated areas of Gilroy.
5. Community Access & Scheduling: The CONTRACTOR will be solely responsible for the operation and scheduling of the facility. The CONTRACTOR shall provide reasonable public access and community use of the facility, which the City and CONTRACTOR Docusign Envelope ID: F2AAA950-4458-458E-B30D-742AAD6C632E
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shall determine. The CONTRACTOR will not reduce public access or community use without prior approval from the City.
6. Program Administration: The CONTRACTOR shall have a method for the public to register, pay, and receive adequate customer service in an easy and effective manner.
Administrative staff and assistance should be provided to support all hours of operation.
Policies and procedures for handling registration, refunds, and complaints are required.
The CONTRACTOR shall provide sufficient communication and marketing to inform the public of its programs and services. The CONTRACTOR shall take appropriate steps to maintain a high level of customer service and overall satisfaction at all times.
7. Program Equipment and Supplies: The CONTRACTOR is responsible for providing all the equipment and supplies needed to operate the facility. The current City aquatics equipment and supplies are available for use; however, the City will not replace any damaged or missing items. These include:
a. Spinal boards
b. Rescue tubes
c. Swim lesson equipment
d. AEDs
e. Lifeguard chairs and umbrellas
The City will not provide the following:
a. Office supplies (e.g., computers, printer, pens, paper, and electronic devices) b. First Aid supplies
c. Janitorial supplies
d. Paper products and soap for the restrooms
8. Reporting and Meeting Requirements: The CONTRACTOR shall meet regularly with the Recreation Division’s Designated Representative. Once registration begins for that season, the CONTRACTOR shall provide a monthly report to the representative that includes the following items:
a. Participation statistics by program area (including low-income swim lessons) to include:
i. Number of users for each program, per day, and what fee classification and amount they were charged with. Include monthly and season pass entries as well as those paying at the window.
ii. Resident v. non-resident participants
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iii. The number of seasonal passes, party rentals, and any other program or facility rental that is not charged on a per-person basis
1. Include each pass category in the daily numbers of item i) above. iv. The number and date of days requiring closure
v. Number of lifeguard and position hours, and their hourly rates vi. Other data as may be determined to be needed by the CITY b. Current challenges (e.g., need three more lifeguards; more cool days than warm days)
Reporting requirements are subject to change at the City's discretion.
In addition, seasonal audits and reviews demonstrating standards of care are met (required by OSHA) shall be shared with the designated representative. Risk management documentation (required by OSHA) must always be readily available. The CONTRACTOR will maintain reasonable evidence and documentation of these statistics and results (listed above) and make these records accessible to the City upon request.
9. School and Neighborhood Impacts: To minimize impacts on residents of the surrounding neighborhood, the CONTRACTOR will notify the City (through the submission of their program calendar) of swim meets and any other large group events that exceed the normal day-to-day operations. The City reserves the right to limit the number of major events at CHS Aquatics Center that may conflict with GUSD events. Amplified sound must be maintained at a reasonable level, as determined by the City.
10. Staff Qualifications: The CONTRACTOR will always be expected to provide reasonable and adequate staffing to maintain operations. The CONTRACTOR shall maintain adequate layers of protection, including active supervision. The staff will have the required qualifications and certifications for each position. The CONTRACTOR will maintain appropriate and safe ratios for lifeguards on deck to pool users at all times.
Certifications and training records must be accessible by the City and/or OSHA at any time following proper notice (OSHA conducts unannounced visits for the waterslides).
11. Compliance with Laws & Regulations: The CONTRACTOR must remain in compliance with all City, county, state and federal laws and regulations as well as industry standards related to pool and aquatic program operations. These regulators include but are not limited to:
a. City of Gilroy
b. Gilroy Unified School District
c. Santa Clara County Health Department
d. California Department of Health Services
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e. Cal/OSHA Amusement Ride and Tramway Unit
f. California Department of Labor
g. Emergency Medical Services Authority (EMSA)
h. Consumer Product Safety Commission & Virginia Graeme Baker Act i. Americans With Disabilities Act
j. California Department of Fair Employment and Housing k. Centers for Disease Control and Prevention
l. American Red Cross
m. WhiteWater (waterslides manufacturer) - The CONTRACTOR shall:
i. Comply with Cal/OSHA’s rules and regulations for operating waterslides ii. Be present and participate in OSHA inspections (scheduled and unannounced visits)
iii. Maintain daily records for water slide inspections and make these records accessible to the City
iv. Maintain staff lifeguard certification records and training records for OSHA inspections and make these records accessible to the City The City and GUSD reserves the right to conduct periodic and regular site inspections and operational audits to ensure CONTRACTOR is compliant with City, county, state, and federal regulations. City staff will follow up with the CONTRACTOR on specific safety issues it identifies, but does not relieve the CONTRACTOR of its duty to inspect and maintain the facility in safe working order and notify CITY of safety issues it identifies, nor does it transfer responsibility for identifying safety issues or mitigating them to the CITY. The CONTRACTOR will be required to comply with the City’s requests in a timely manner. In addition, documentation demonstrating compliance with all regulators/regulations will be required to be kept up to date and reviewed as deemed necessary by the City.
12. Health & Safety: The CONTRACTOR will be required to maintain health and safety standards and associated training records in a reasonable and acceptable manner for the facility, participants, and its employees that comply with City standards and other regulatory agencies listed above. The CONTRACTOR is responsible for keeping up to date with all changes, additions, or amendments to the laws, regulations, and codes related to pool operations and aquatic programs. These standards include but are not limited to:
a. Employee Injury and Illness Prevention Plan
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c. Bloodborne Pathogens and Biohazardous Exposure Control Plan d. Hazard Communications (labeling & MSDS management)
e. Hearing Conservation
f. Lifting and Fall Prevention/Protection (Equipment)
g. Electrical Safety Plan
h. Lock Out, Tag Out Equipment Specific Procedures
i. Emergency Action Planning/Drills
j. First Aid/CPR/AED
k. Oxygen Administration
l. Heat Illness and Sun Protection
m. Confined Spaces/Entry Equipment
n. Chemical Storage/Spill Response/Cleanup
o. Fire Extinguisher
p. Personal Protective Equipment
q. Recreational Waterborne Illnesses (RWI’s)
r. Signage/Labeling
13. Standard of Care: The CONTRACTOR will be expected to provide aquatic programs and manage the facility in a manner that is comparable to or above the Standard of Care (e.g., Red Cross, Public Health Department, OSHA, etc.) that is reasonable and acceptable for a public pool. This Standard of Care should be demonstrated in all areas including operations, staff training, record keeping, maintenance and janitorial, safety and risk management. The CONTRACTOR is expected to ensure that they are maintaining this Standard of Care by conducting seasonal audits and reviews by qualified external experts and including this information in the report to the City.
14. Risk Management: The CONTRACTOR shall take all appropriate and necessary steps to provide adequate risk management planning to minimize liability or negligence by the CONTRACTOR. In addition to maintaining an acceptable Standard of Care, the CONTRACTOR shall manage their risk by demonstrating proficiency in the following areas:
a. Facilities & equipment
b. Supervision
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The CONTRACTOR is expected to ensure they are maintaining and performing adequate risk management planning and practices by conducting annual audits and reviews by qualified external experts. This information will also be included in an annual report to the City mentioned above.
15. Emergency Action Plan & Procedures: The CONTRACTOR shall create and maintain all emergency procedures and EAPs for the Facility. An EAP is required under Title 29 of the Federal Regulations, Sections 1910.38/.120/.156, and Title 8 of the California Code of Regulations, Sections 3220 and 3221. The EAP covers all employees and nonemployees who may be exposed to hazards arising from emergency situations. It must contain information for all the CONTRACTOR’s employees, including administration and line-level employees, who shall use the plan to reduce the severity of emergency situations and minimize the risk to life and property.
16. Facility Maintenance & Records: The CONTRACTOR shall maintain the facility in an orderly, clean, and professional condition at all times. GUSD will provide maintenance services on the pool and pool equipment to ensure that the pool is operating per health standards. The CONTRACTOR will be responsible for the hourly chlorine checks and will notify the GUSD Pool Technicians if the water chemistry is out of the normal operating range per Santa Clara County Health Department and California Code of Regulations (Title 22) section 65529, Public Pool Disinfection. The CONTRACTOR will ensure that the facility is maintained in a clean, safe, and professional manner (the CONTRACTOR will perform general cleaning and custodial duties) in the following areas:
a. Offices
b. Restrooms
c. Outdoor shower areas
d. Supply storage areas
e. Private party area
f. Picnic table areas
g. Equipment/mechanical rooms
h. Disposing of garbage to nearby GUSD dumpster
i. Lights in Facility
j. Personal Protection Equipment (PPE)
k. Slip and fall protection equipment
The CONTRACTOR shall maintain standard operation procedure manuals and maintenance records and logs. These records should include:
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l. Daily Pool and Chemical Log
m. Daily Water Slide Inspection Log
n. Checklist for routine maintenance and janitorial duties (daily, weekly, monthly, quarterly, bi-annual, and annual)
The CITY shall maintain the Annual Water Slide Inspection. a. GUSD shall maintain the following:
b. Daily Pool and Chemical Log
c. Equipment Log for each piece of major equipment with maintenance schedule, maintenance contracts, record of work or repairs conducted, manufacturer guidelines, and specifications
d. Training Log for GUSP Pool Technicians
e. The CONTRACTOR will also be responsible for any damage that is outside the normal wear and tear of the facility. If the damage is beyond normal wear and tear of the facility (e.g. due to misuse, poor maintenance or damage caused by the CONTRACTOR and/or the CONTRACTOR’s employees, agents, and service users) as determined by the City, the CONTRACTOR will be required to make the appropriate repairs within 30 days of a written notice (or reimburse the City the cost of the repairs within 30 days). Any fines or fees incurred by the City for OSHA or health inspector violations issued when the CONTRACTOR is operating the pool shall be reimbursed by the CONTRACTOR within 30 days of receiving notice.
17. Signage: The CONTRACTOR will be required to maintain and provide program-specific signage for the facility. These signs shall include pool rules and other signs as needed or required. Please note, the City and GUSD are not responsible for lost or stolen items. Per the County Health Code, the City and GUSD will maintain the following signage for the facility:
a. Shallow Water Diving Warnings
b. Maximum Pool Capacity
c. Chemical Storage
d. 911 Emergency
e. First Aid/CPR
f. AED
g. Depth Markers
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18. Custodial Costs: The CONTRACTOR will assume sole financial responsibility for the custodial services and shall operate and maintain the facility at no cost to the City.
B. City Requirements
City will provide access to the CHS Aquatics Center during the agreed-upon assigned hours. The City will be responsible for all building maintenance (not janitorial), capital improvement(s), utilities, and water slide waxing. The City will serve as the liaison between GUSD and the CONTRACTOR (beyond water-chemistry related issues). The City will provide an advertisement for the CONTRACTOR’s services in the Spring-Summer Recreation Guide. CONTRACTOR will produce a print-ready advertisement in both English and Spanish.
In addition, the City will assume sole responsibility for the following:
• Separately metered utilities and pool maintenance services for the Facility, billed to the City from GUSD for the use of the facility occupied by the CONTRACTOR • Annual, structural, and operational inspection of the waterslides conducted by a qualified safety inspector (QSI) who is employed by either the Division or by the owner or Contractor.
• Annual facility and building maintenance expenses.
• The City shall maintain the Annual Water Slide Inspection C. Additional Services
Any services not identified in the Scope of Services will be considered additional services.
Additional services will be provided only as authorized in writing by the City before commencement of the particular task and/or activity.
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EXHIBIT “C”
MILESTONE SCHEDULE
Below are the identified milestones.
1. Services
• March through April: Recruitment and hiring of lifeguards, pool managers, and cashiers.
• Finalize program and fee schedule. A draft program and fee schedule are appended to this Exhibit as Exhibit "E." The final program schedule shall be negotiated between CITY and CONTRACTOR in good faith and shall reflect substantially the same level of service as in the draft schedule attached as Exhibit E. The final fee schedule shall be negotiated as set forth in Paragraph B.4 of the Scope of Services (Exhibit B). • Open registration for summer swim lessons
• Begin offering lifeguarding and/or water safety certification courses • Memorial Day weekend through Labor Day weekend: Open Aquatics Center for swimming lessons and recreation swimming based on an agreed-upon schedule between the City of Gilroy and the Gilroy Unified School District. • September: Meet with City staff to debrief aquatic programs and facility operations
2. Reporting
a. Monthly Invoice Report
Each monthly invoice must include the corresponding monthly report before the invoice can be processed.
b. Year-End Report
The Year-End/Final report will be due at the completion of the 2026 season. c. As-Needed Reports
Any additional reports will have their own deadlines, established with reasonable timeframes for completion based on the level of work required.
Docusign Envelope ID: F2AAA950-4458-458E-B30D-742AAD6C632E
4835-2267-0361v1
LAC\04706083
EXHIBIT “D”
PAYMENT SCHEDULE
A management fee of $266,662, which will cover insurance, certifications, equipment, and any additional administrative expenditures, will be paid over the course of a calendar year and will be issued in semi-annual installments of $133,331 on the following dates: June 1 and October 15.
On the first of every month, from April 1 through October 1, the contractor will provide a monthly report to the City staff representative, as explained in Exhibit "B," Scope of Services (Section A, #8). Failure to provide monthly status reports will delay payment.
Docusign Envelope ID: F2AAA950-4458-458E-B30D-742AAD6C632E
Docusign Envelope ID: F2AAA950-4458-458E-B30D-742AAD6C632E
POLICY NUMBER: ESB-HS-GL-0001096-02 COMMERCIAL GENERAL LIABILITY CG 20 26 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 ADDITIONAL INSURED DESIGNATED –
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
The City of Gilroy
Its officers, officials, employees, and volunteers
7351 Rosanna Street
Gilroy, CA 95020
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II Who Is An Insured – is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III Limits Of Insurance: –
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
Docusign Envelope ID: F2AAA950-4458-458E-B30D-742AAD6C632E
2027 Hours of Operation:
Spring: Tuesday, May 25 - Sunday, June 13, 2027 (Closed Mondays) ● 4:30 - 7:30 PM (Weekdays)
○ Pool Closed June 7-11 for GUSD last week of school
● 12:00 - 5:00 PM (Weekends) Rec Swim with water slides Summer: Tuesday, June 16 - Sunday, August 16, 2027 (Closed Mondays) ● Weekdays: 8:30 AM - 7:00 PM
● Weekends: 8:30 AM - 5:00 PM
Fall: Saturday, August 21 - Sunday, September 5, 2027
● 12:00 - 5:00 PM (Weekends)
Special Events
● Emergency Response Training with PD & FD if available PreSeason Training Courses
● January 16-18 - Lifeguard Instructor Course
● February 12-14 - Lifeguard Course
● February 16-19 - Water Safety Instructor Course
● March 5-7 -Lifeguard Instructor Course
● March 30-April 2 - Water Safety Instructor Course
● April 2-4 - Lifeguard Course
● April 16-18 - Lifeguard Course
● April 30 - May 2 - Lifeguard Course
● May 14-16 - Lifeguard Course
Programming Schedule Details
Spring: May 25 - June 13, 2027 (Closed Mondays)
WEEKDAYS (4:30 - 7:30 PM)
● Group Swim Lessons: 4:30 - 7:30 (Weekdays)
● Aqua Fitness - ZUMBA T/Th, 6PM -7PM
WEEKENDS (8:30 AM - 5 PM)
● Recreational/Lap Swim: 12:00 - 5:00 PM (Weekends)
● Private & Semi-Private Swim Lessons (Weekends) 12:30 - 5:00 PM ● Private Party Rentals: 12:00PM - 4:30 PM
Summer: June 15 - August 15, 2027 (Closed Mondays)
WEEKDAYS (8:30 AM - 7:30 PM)
● Recreational Swim/Slides Open: 12:00 - 4:30 PM
● Group Swim Lessons (30 minute lessons): 8:30-11:00AM & 5:00 - 7:30PM ● Private & Semi-Private Swim Lessons: 12:10 PM - 4:00 PM ● Aqua Zumba - 6:00PM-7:00PM (T/Th)
● Lap Swim: 8:30 AM - 11:30 AM & 12:00 - 7:00PM
● Private Party Rentals: 12:00PM - 4:30 PM
WEEKENDS (8 AM - 5 PM)
● Group Swim Lessons - 8:30 - 11:00AM
● Private Swim Lessons - 12:10 - 4:00PM
● Recreational Swim/Slides Open - 12:00PM - 5:00PM
● Lap Swim - 8:30 AM - 11:30 AM & 12:00PM - 5:00PM
● Aqua Zumba - 10:00 - 11:00AM (Sunday)
● Private Party Rentals - 12:00PM - 4:30PM
Fall: August 21 - September 5, 2027 (Weekends Only)
● Recreational/Lap Swim - 12:00 - 5:00 PM (Weekends)
● Group Swim Lessons (30 minute lessons): 8:30 - 11:00AM ● Private & Semi-Private Swim Lessons: 12:10 PM - 4:00 PM ● Private Party Rentals: 12:00PM - 4:30 PM
Recreational Swimming Fees
Resident/Non-Resident:
Children under age 2 are free
● $9 Seniors Resident
● $9 Military
● $10 Youth Resident
● $12 Adult Resident
Swim Lessons Fees
Group Sessions
● $125 (8 Classes) 2 Week Sessions
● $62.50 Weekend Session (4 Classes) 2 Week Sessions
Single Sessions
● $55 Private Swim Lessons
● $80 Semi-Private Swim Lessons
Private Rental Fee
● $400 for entire Rec Swim block up to 40 guests
7.3. City of Gilroy
STAFF REPORT
Agenda Item Title: Adopt a resolution to Amend the FY 2026-2027 Budget for Community Facilities District (CFD) Fund (Fund 260)
Increasing Appropriations in the Amount of $123,222, and Approve a First Amendment to the Agreement with Silicon Valley Paving, Inc. for the Precast Concrete Fence
Replacement Project (No. 801240)
Meeting Date: October 19, 2026
From: Matt Morley, City Administrator
Department: Public Works
Submitted by: John Doughty, Public Works Director
Prepared by: Ryan Osenton, Project Manager
STRATEGIC PLAN GOALS: Maintain and Improve City Infrastructure
RECOMMENDATION
1. Adopt a Resolution amending the FY2026-27 Budget increasing appropriations of the Community Facilities District (CFD) Fund (Fund 260) in the amount of $123,222 for the Precast Concrete Fence Replacement Project; and
2. Approve a First Amendment to the Agreement with Silicon Valley Paving, Inc. for the Project for an additional amount of $123,222
EXECUTIVE SUMMARY
Council recently awarded a construction agreement to Silicon Valley Paving, Inc. to repair approximately 2,700 linear feet of damaged precast concrete fencing at Hecker Pass Park, from Third Street and Rosemary Drive to Third Street and Cobblestone Court. The fencing serves as a physical barrier between recreational trails and the stormwater basin/ natural areas, and Third Street and the stormwater basin.
Following the agreement award, City Staff identified an additional 900 linear feet of
7.3. fence in the immediate area in need of fence replacement, east of Hecker Pass Park from Cobblestone Court to Isabella Way south of Third Street around the stormwater basin and south of the levee trail. A change order for this work has been prepared and has been reviewed by the contractor. The recommended action will allow for modification of the agreement and for execution of the change order.
BACKGROUND
On August 17, 2026, City Council awarded a construction agreement with Silicon Valley Paving, Inc. for a total amount of $415,000 to perform replacement of 2,700 linear feet of fence south along Third Street and around the levee trail. The total possible agreement amount including the contingency is $456,500.
Following the contract award to Silicon Valley Paving, City Staff identified an additional 900 linear feet of fence in the immediate area in need of fence replacement, east of Hecker Pass Park from Cobblestone Court to Isabella Way south of Third Street around the stormwater basin and south of the levee trail. The attached map (Attachment 2) shows the area of work proposed to be added to the project and the original agreement scope of work area.
ANALYSIS
Staff requested a quote from Silicon Valley Paving for the work to construct the additional 900 linear feet of fence replacement in the additional area. The quoted amount of $123,222 from the contractor, which includes all labor, materials, and equipment necessary to complete the work, exceeds the original contract contingency amount of $41,500.
The additional scope of work will take an extra five working days to complete beyond the contractor's anticipated schedule, but the contractor is able to complete the work within the working days allocated in the original construction contract. Staff reviewed the quote for the additional work and found it acceptable and prepared a change order (Attachment 3). Staff is requesting that the City Council approve the proposed contract amendment (Attachment 4) which would incorporate this change.
The original appropriation of $456,500 of CFD funds are not sufficient for the additional scope. A budget amendment appropriating an additional amount of $123,222 of CFD funds is necessary and included in the recommendations.
ALTERNATIVES
The City Council could choose not to approve the agreement amendment and increase in CFD Fund appropriations, and could direct staff to make the repairs as originally outlined in the project plans and specifications. Staff does not recommend this option,
7.3. as the additional 900 feet of damaged fence, as shown on the map, is in need of replacement now and absent the replacement will continue to deteriorate. Community members have indicated their concerns about both areas of fencing.
FISCAL IMPACT/FUNDING SOURCE
The original construction agreement with Silicon Valley Paving, Inc. is for a not-toexceed amount of $415,000, with a $41,500 construction contingency, for a total construction amount of $456,500.
Staff recommends increasing the project amount by $123,222 to cover the additional fence construction required for the project, and increasing the total construction agreement amount at this time to $538,222. Staff will still have authorization to amend the agreement up to $579,722 for changes or unforeseen conditions that arise during construction utilizing the $41,500 of contingency.
Staff also recommends a FY 2026-2027 budget amendment increasing appropriations of the Community Facilities District Fund (Fund 260) in the amount of $123,222 for the project. This will provide funding for the change order (Attachment 4) with Silicon Valley Paving, Inc. Sufficient funds are available in Fund 260 for the appropriation.
Original Construction Agreement Amount $415,000
Change Order #1 $123,222
Construction Agreement Amount after First Amendment $538,222 Construction Agreement Amount after First Amendment $538,222 Contingency $41,500
Total Possible Agreement Amount $579,722
PUBLIC OUTREACH
N/A
NEXT STEPS
7.3. Upon City Council approval of the budget amendment, the City Administrator will execute the amendment and staff will execute the change order for construction of the additional 900 linear feet of fence.
Attachments:
1. Resolution
2. Map
3. Change Order
4. First Amendment to Agreement
5. Additional Area - Fence Damage Pictures
6. Original Area - Fence Damage Pictures
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING THE FISCAL YEAR 2026-2027
BUDGET AND APPROPRIATING PROPOSED
EXPENDITURE AMENDMENTS
WHEREAS, the City Council adopted the Fiscal Year 2026-27 Budget for the City of Gilroy; and
WHEREAS, the City Council awarded a construction agreement to Silicon Valley Paving, Inc. and approved a budget for the Precast Concrete Fence Replacement Project on August 17, 2026; and
WHEREAS, following award of the agreement, staff identified an additional 900 linear feet of fence in the immediate area of work that is also in need of repair; and WHEREAS, City staff requested a change order quote from Silicon Valley Paving for materials, labor, and equipment to perform an additional 900 linear feet of fence replacement; and
WHEREAS, City staff reviewed the quote and found it acceptable, and prepared a change order to the agreement with Silicon Valley Paving for construction of an additional 900 linear feet of fence; and
WHEREAS, City staff determined the additional construction cannot be covered the contingency amount and an additional $123,222 is necessary for the construction agreement; and WHEREAS, City staff has prepared and submitted to the City Council a proposed amendment to the Fiscal Year 2026-2027 Budget for the City of Gilroy in the staff report dated October 19, 2026 for the Precast Concrete Fence Replacement Project (Project No. 801240) NOW, THEREFORE, BE IT RESOLVED the appropriations for Fiscal Year 2026-27 in the Community Facility District Fund (Fund 260) shall be increased by $123,222.
PASSED AND ADOPTED this 19th day of October 2026 by the following roll call vote:
Resolution No. 2026-XX
Budget Amendment for CFD Fund
City Council Regular Meeting | October 19, 2026
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
___________________
Matt Morley, Mayor
ATTEST:
_______________________
Kim Mancera, City Clerk
Resolution No. 2026-XX
Budget Amendment for CFD Fund
City Council Regular Meeting | October 19, 2026
CERTIFICATE OF THE CLERK
I, KIM MANCERA, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2026-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 Council held on Monday, October 19th, with a quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Tuesday, October 20th.
____________________________________
Kim Mancera
City Clerk of the City of Gilroy
Original Project Scope
Additional Project Scope
City of Gilroy
Public Works Department - Engineering Division
7351 Rosanna St., Gilroy, CA 95020
Phone (408) 846-0451; Fax (408) 846-0429
CHANGE ORDER NO. 1
To contract for: Precast Concrete Fence Replacement Project City Project No.: 26-PW-0101 Contractor: Silicon Valley Paving, Inc. Contract Date: 8/18/2026 This order shall become effective when it has been signed by the City Administrator, City Engineer, Project Engineer, and Contractor. All copies forwarded to Contractor for signature shall be returned to the City of Gilroy properly filled out. Upon acceptance by the City, the Contractor’s copy will be returned to him as his authority to proceed with the work.
Description of Work
Increase to original project quantities by adding approximately 900 linear feet of fenceline to replace. The increase is reflective of materials and labor required to perform the additional work. The scope of work from the original contract has not changed.
All requirements of the original Contract Documents shall apply to the above work except as specifically modified by this Change Order. The contract time shall not extend unless expressly provided for in this Change Order.
By signing this Change Order, Contractor acknowledges and agrees that the adjustments to cost and time contained herein are in full satisfaction and accord, and are accepted as payment in full, for any and all costs and expenses associated with this Change Order, (the "Extra Work"), including but not limited to labor, materials, overhead and profit, delay, disruption, loss of efficiency and any and all other direct and/or indirect costs or expenses associated with the Extra Work and hereby waives any right to claim any further cost and time impacts at any time during and after completion of the Contract associated with the Extra Work.
Cost Percentage Initial
► All Extra Work authorized under this Change Order
must be billed separately from the original contract. All bills for work done under this Change Order shall
reference this Change Order No. 1.
Original Contract Price $415,000.00
Previous Change Orders $0.00 0.00%
Total to Date $415,000.00
This Change Order $123,222.00
Total Change Orders to Date $123,222.00 29.69%
Revised Contract Price $538,222.00
I (We) agree to make the above change subject to the
terms of this Change Order for a NET INCREASE not
to exceed $123,222.00.
CONTRACTOR
By: Date:
RECOMMENDED BY:
Construction Manager Date
ACCEPTED BY:
Project Engineer/Project Manager Date
City Engineer Date
City Administrator Date
-1-
4845-8215-5540v1
MDOLINGER\04706083
FIRST AMENDMENT TO THE AGREEMENT WITH SILICON VALLEY PAVING INC
FOR PRECAST CONCRETE FENCE REPLACMENT PROJECTS
WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Silicon Valley Paving, Inc. entered into that certain agreement entitled Precast Concrete Fence Replacement Project No. 801240, effective on 8/18/26, hereinafter referred to as “Original Agreement”; and WHEREAS, City and Silicon Valley Paving 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. Section 00500 of the Original Agreement shall be amended to read as follows:
In consideration of the Contractors performance of the Work in accordance with the Contract Documents, the City shall pay the Contract Price set forth in the Contract Documents, the City shall the Contractor an amount not to exceed $538,222.
3. This Amendment shall be effective on October 20, 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 SILICON VALLEY PAVING, INC
By: By:
[signature] [signature]
Matt Morley Todd Slyngstad
[employee name] [name]
City Administrator President
[title/department] [title]
Date:
Date:
-2-
4845-8215-5540v1
MDOLINGER\04706083
Approved as to Form ATTEST:
City Attorney City Clerk
Additional Area Fence Damage
Original Fence Line Repairs
ORIGINAL AREA FENCE DAMAGE Page 68 of 396
7.4. City of Gilroy
STAFF REPORT
Agenda Item Title: Approve Notice of Acceptance of Completion and Reduction of the Faithful Performance and Payment Bonds for Property Improvement Agreement No. 2023-02, Heritage Tract 10594 Meeting Date: October 19, 2026
From: Matt Morley, City Administrator
Department: Public Works
Submitted by: John Doughty, Public Works Director
Prepared by: Jorge Duran, Senior Civil Engineer
STRATEGIC PLAN GOALS: Promote Safe and Affordable Housing for All
RECOMMENDATION
Approve the Notice of Acceptance of completion and reduction of the faithful performance and payment security bonds for Property Improvement Agreement 2023- 02, Heritage - Tract 10594.
EXECUTIVE SUMMARY
On and off-site improvements for the Heritage - Tract 10594 have been completed. The Developer is seeking reduction in the performance bonds per City of Gilroy Code. Staff is requesting that Council approve the Notice of Acceptance of Completion and Reduction of the Faithful Performance and Payment Security of Bonds for Property Agreement 2023-02 for Heritage - Tract 10594.
BACKGROUND
On August 1, 2022, Warmington Residential (Developer) received Tentative Map approval for Heritage residential project, to create 19 single-family residential units located at 700 W 6th Street. [Reference: Resolution No. 2022-57, TM 22-01]. The approvals were to construct streets, utilities, landscaping, lighting, fences, walls, and open space areas.
7.4. On February 26, 2024, Warmington Residential received Council approval of Tract 10594, Final Map and Property Improvement Agreement 2023-02 for the development of the site and related Public Improvements of the Heritage Subdivision.
The developer has paid plan check and inspection fees, submitted bonding and insurance for the 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, Warmington Residential, requests a reduction of Tract 10594 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 10594 from the original $2,201,728 to $220,173. 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
The Council could deny the request for Notice of Acceptance of Completion and reduction of the Faithful Performance and Payment Bonds. Staff does not recommend this alternative because it will impose unnecessary costs and delay for Tract 10594 acceptance.
FISCAL IMPACT/FUNDING SOURCE
The developer has paid plan check and inspection fees, submitted bonding and insurance for the referenced Property Improvement Agreement and Tract Map. The Faithful Performance and Payment Bonds held as security will be reduced from $2,201,728 to $220,173.
7.4. PUBLIC OUTREACH
N/A
NEXT STEPS
N/A
Attachments:
1. Exhibit A - Vicinity Map
2. Exhibit B - PIA No. 2023-02
3. Exhibit C - Notice of Acceptance
SEPARATE PAGE PURSUANT TO GOVT. CODE 27361.6
RECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED MAIL TO:
Kim Mancera
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. 2023-02, Project Name Tract 10594 Heritage on 6th St
Contractor Name: Warmington 6th Street Gilroy, LLC
Contractor Address: 3090 Pullman Street, Costa Mesa, CA 92626 Surety on Contract: Markel Insurance Company
Location of Project: 6th St, Tract 10594
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 streets, sidewalks, 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 October 5, 2026.
CITY OF GILROY
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA BY
TITLE
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. 2023-02
PROJECT NAME - Tract 10594, Heritage 6th St
DEVELOPER NAME: Warmington 6th St Gilroy
7.5. City of Gilroy
STAFF REPORT
Agenda Item Title: Approve Notice of Acceptance of Completion and Reduction of the Faithful Performance and Payment Bonds for Property Improvement Agreement No. 2023-03, Glen Loma Ranch
McCutchin Creek Palomino Development, Tract 10472
Meeting Date: October 19, 2026
From: Matt Morley, City Administrator
Department: Public Works
Submitted by: John Doughty, Public Works Director
Prepared by: Jorge Duran, Senior Civil Engineer
STRATEGIC PLAN GOALS:
RECOMMENDATION
Approve the Notice of Acceptance of completion and reduction of the faithful performance and payment security bonds for Property Improvement Agreement 2023- 03, McCutchin Creek Palomino - Tract 10472.
EXECUTIVE SUMMARY
On and off-site improvements for the McCutchin Creek Palomino - Tract 10472 have been completed. The Developer is seeking reduction in the performance bonds per City of Gilroy Code. Staff is requesting that Council approve the Notice of Acceptance of Completion and Reduction of the Faithful Performance and Payment Security of Bonds for Property Agreement 2023-03 for McCutchin Creek Palomino - Tract 10472.
BACKGROUND
On February 6, 2017, The Glen Loma Corporation (Developer) received Tentative Map approval for the McCutchin Creek Palomino residential project, to create 59 singlefamily residential units located south of Club Dr, between Santa Teresa Boulevard and Grenache Way. [Reference: Resolution No. 2017-05, TM 16-01]. The approvals were
7.5. to construct streets, utilities, landscaping, lighting, fences, walls, and open space areas.
On June 5, 2023, Filice Family Estate, and KB Home South Bay received Council approval of Tract 10426, Final Map and the Property Improvement Agreement 2023-03 for the development of the site and related Public Improvements of the McCutchin Creek Palomino.
The developer has paid plan check and inspection fees, submitted bonding and insurance for the 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, KB Home South Bay Inc, requests 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 $7,959,895 to $795,990. 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
The Council could approve the Notice of Acceptance of Completion and reduction of the Faithful Performance and Payment Bonds for Property Improvement Agreement 2023-
03. Staff recommends this alternative because the Developer has fulfilled the obligations under Property Improvement Agreement No. 2023-03.
The Council could deny the request for Notice of Acceptance of Completion and reduction of the Faithful Performance and Payment Bonds. Staff does not recommend this alternative because it will impose unnecessary costs and delay Tract for 10472 acceptance.
7.5. FISCAL IMPACT/FUNDING SOURCE
The developer has paid plan check and inspection fees, submitted bonding and insurance for the referenced Property Improvement Agreement and Tract Map. The Faithful Performance and Payment Bonds held as security will be reduced from $7,959,895 to $795,990.
PUBLIC OUTREACH
N/A
NEXT STEPS
N/A
Attachments:
1. Exhibit A - Vicinity Map
2. Exhibit B - PIA McCutchin Creek Palomino
3. Exhibit C -Notice of Acceptance
SEPARATE PAGE PURSUANT TO GOVT. CODE 27361.6
RECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED MAIL TO:
Kim Mancera
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. 2023-03 Project Name Tract 10426, Palomino and Tract 10613 Palomino II Contractor Name: KB Home South Bay Inc
Contractor Address: 6700Koll Center Pkwy, Ste 200 Pleasanton, CA 94566 Surety on Contract: RLI Insurance Company
Location of Project: Glen Loma Ranch, Tract 10426, Tract 10613 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 streets, sidewalks, lighting, 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 October 5, 2026.
CITY OF GILROY
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA BY
TITLE
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. 2023-03
PROJECT NAME - Tract 10426 & Tract 10613, Palomino and Palomino II DEVELOPER NAME: KB Home South Bay
7.6. City of Gilroy
STAFF REPORT
Agenda Item Title: Approve An Amendment To The Agreement With Youth Alliance For The South County Youth Task Force SchoolBased Youth Services Through June 30, 2027, And Increase The Contract Funding By $74,499.48, From The Original
$130,105.14 To A Revised Not-To-Exceed Amount Of
$204,604.62
Meeting Date: October 19, 2026
From: Matt Morley, City Administrator
Department: Police
Submitted by: Brandon Sanchez, Police Chief
Prepared by: Patricia Vigil, Management Analyst
STRATEGIC PLAN GOALS: Ensure Neighborhood Equity from City Services
RECOMMENDATION
1. Approve an amendment to the agreement with Youth Alliance for the South County Youth Task (SCYTF) School-Based Youth Services to extend the agreement through June 30, 2027;
2. Increase the contract funding by $74,499.48, from the original $130,105.14 to a revised not-to-exceed amount of $204,604.62.
3. Authorize the City Administrator to execute the contract and associated documents.
EXECUTIVE SUMMARY
The SCYTF was established in 2012 through a regional partnership to address youth violence, gang prevention, and positive youth development in South Santa Clara County. As the fiscal agent for SCYTF, the City of Gilroy Police Department administers funding for school-based youth services provided through Youth Alliance.
7.6. Staff recommends approving an amendment to the existing agreement with Youth Alliance to extend school-based youth services through June 30, 2027, and increase the contract funding. The original agreement was awarded in 2025 through a competitive Request for Proposals (RFP) process for $130,105.14. The proposed amendment adds $74,499.48, resulting in a revised not-to-exceed contract amount of $204,604.62. The additional funding will be supported through SCYTF partner agency contributions, including the Santa Clara County District Attorney’s Office and Gilroy Unified School District, with no impact to the City’s General Fund.
BACKGROUND
Youth Alliance currently provides SCYTF School-Based Youth Services under an agreement awarded following a competitive Request for Proposals (RFP) process conducted by the City in 2025. The original contract was approved in the amount of $130,105.14 to provide school-based prevention, intervention, restorative justice, outreach, and youth development services for South County youth.
Staff is requesting City Council approval to amend the existing agreement by extending the term through June 30, 2027, and increasing the contract by $74,499.48. If approved, the amended agreement will have a total not-to-exceed amount of $204,604.62.
Youth Alliance has established the staffing, infrastructure, community partnerships, and relationships necessary to continue providing these services without interruption.
Conducting a new competitive solicitation is estimated to require approximately four months and could create a gap in services for youth currently participating in SCYTF programs.
ANALYSIS
The South County Youth Task Force (SCYTF) is a regional partnership dedicated to serving, supporting, and empowering youth throughout South Santa Clara County.
SCYTF School-Based Youth Services provide free and accessible prevention, intervention, recreation, and positive youth development opportunities for local youth.
Youth Alliance currently provides these services through an agreement awarded following the City's competitive RFP process in 2025.
The proposed amendment includes two primary changes to the existing agreement:
1. Extend the term of services through June 30, 2027;
2. Increase the contract funding by $74,499.48, from the original $130,105.14 to a revised not-to-exceed amount of $204,604.62.
Approving the amendment will ensure uninterrupted delivery of school-based youth
7.6. services while maximizing the value of the City's recent competitive procurement.
Because Youth Alliance was selected through the 2025 RFP process, continuing with the existing contractor avoids duplicative procurement costs, preserves established relationships with youth and schools, and maintains continuity of critical prevention and intervention programming.
ALTERNATIVES
Council could reject the proposed addendum for Youth Alliance. Staff does not recommend this option as it would discontinue the City’s ability to implement the South County Youth Task Force (SCYTF) Strategic Plan for school-based youth services.
Rejecting the amendment would likely result in an interruption of prevention and intervention programs currently serving youth throughout the community.
FISCAL IMPACT/FUNDING SOURCE
The original agreement with Youth Alliance was $130,105.14. The proposed amendment increases the contract by $74,499.48, for a revised not-to-exceed amount of $204,604.62. The SCYTF School-Based Youth Services are funded by SCYTF funding contributing agencies and Santa Clara County District Attorney funding, Special Revenue Fund 227. All necessary budget amendments have been incorporated in the Fiscal Year 2025-26 Fiscal Year End Financial Report (separate item on October 19, 2026 Agenda). There is no fiscal impact to the General Fund associated with this report.
PUBLIC OUTREACH
n/a
NEXT STEPS
n/a
Attachments:
1. ADDENDUM to Agreement for Services - Youth Alliance
2. Existing Youth Alliance Agreement
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DRAFT
FIRST AMENDMENT TO SCYTF THRIVE SCHOOL-BASED YOUTH SERVICES WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Youth Alliance entered into that certain agreement entitled THRIVE School-Based Youth Services , effective on December 9, 2025 , 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. Article 1. TERM OF THE AGREEMENT of the Original Agreement shall be amended to read as follows: This Agreement will become effective on January 1, 2027, and will continue in effect through June 30, 2027 unless terminated in accordance with the provisions of Article 7 of this Agreement.
2. Article 4. COMPENSATION of the Original Agreement shall be amended to read as follows:
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 $204,604.62 Agreement.
3. Exhibits “B”, C” and D of the Original Agreement shall be replaced with Exhibits “B”, “C” and “D” attached to this amendment.
This Amendment shall be effective on January 1, 2027.
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
Matt Morley Eduardo Navarro
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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EXHIBIT “B”
SCOPE OF SERVICES
PER “FIRST AMENDMENT TO AGREEMENT FOR SERVICES” THIS REVISED
SCOPE OF SERVICES REPLACES THE SCOPE OF SERVICES THAT WAS INCLUDED IN THE ORIGINAL AGREEMENT:
CONSULTANT Youth Alliance (YA) will coordinate and provide services, outlined and specified in reporting data outlined below, necessary for program evaluation: ie. monthly progress and quarterly financial reporting utilizing Program Activity Report (PAR), Units of Service Workbook (OUS) report and invoicing format; as well as ongoing program improvement, to the City of Gilroy in a timely matter. This program is part of the South County Project II THRIVE (Transformation and Hope, Resiliency, Integrity, Voice & Engagement) Project, in effort to prevent and reduce juvenile delinquent behaviors, prevent/ reduce recruitment of youth into gangs and prevent/ reduce youth violence in South Santa Clara County. Service delivery time frame: December 9, 2025- June 30, 2027.
CONSULTANT Youth Alliance shall complete the following services:
1. Case Management (Life Coaching) and Intervention Support. o A total of 27 unduplicated youth in strategically identified Gilroy Unified District schools, as recommended by GUSD and SCYTF trends. Youth will be referred by GUSD, SCYTF, MDT, and up to 16 youth (duplicated) from Evidence-Based Groups. Total youth to receive Case Management services is 37.
o Youth will receive weekly sessions up to 6 months.
o Maintain a written and/or electronic individualized client file documenting progress, assessments, and services plans.
o Use retrospective surveys to assess effectiveness of services. o Both parties agree to act in good faith to fulfill the intent and obligations of this Agreement.
YA’s ability to perform case management services for up to fifteen (15) unduplicated, school-referred youth is expressly contingent upon the timely and appropriate referral of eligible youth by the GUSD, MDT and/or SCYTF.
Youth Alliance shall not be held liable or in breach of this Agreement if, SCYTF in partnership with GUSD and MDT fail to identify, refer, or maintain a sufficient number of eligible youth necessary to meet the referral target. YA agrees to notify the SCYTF Coordinator in writing if they are struggling in meeting their CM numbers at least 6 months before the end of this agreement to work on a collective plan to meet this deliverable. If plan does not work, YA’s obligation shall be deemed satisfied upon the successful enrollment and case management of a minimum of twenty (20) youth referred through evidence-based groups or other eligible referral sources, as applicable.
SCYTF agree to exercise due diligence in identifying and referring youth who meet the established criteria for participation. Failure to make such referrals shall not constitute nonperformance or negligence on the part of YA. Each party agrees to communicate promptly and collaboratively to address any challenges that may impact referral flow, participant eligibility, or program implementation.
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2. Twelve (12) Evidence-Based, Culturally Responsive Youth Groups:
o Implement twelve (12) evidence-based or life skills youth groups throughout the 19-month contract period (e.g., El Joven Noble, Xinachtli Rights of Passage, Cara Y Corazon; Life Skills Programs, such as Why Try, BOTVIN groups, Restorative Justice based groups, or any other pre-approved curricula (curriculum must be submitted for approval). o Groups should be distributed over the year in selected Gilroy Unified District schools, as recommended by GUSD and SCYTF (e.g., 4 in the fall/ winter and 4 in the spring/summer).
o Each group will serve a minimum of 7 unduplicated youth, with a total of at least 84 unduplicated individuals served across all groups.
3. Outreach, Community Engagement and Intervention Support Services o Provide outreach and intervention supports at identified key schools. o Facilitate at least two (2) Peace/Community Building Circle series at an identified school site. o Conduct Outreach a minimum of two (2) days per week at assigned locations for at least four (4) hours per day. Locations will vary depending on the need.
4. Secondary Crisis Response
o Support identified schools in maintaining a positive, restorative, and safe culture. o Provide crisis response and intervention before, during, or after school, and/or in the community.
o Activities may include outreach, restorative circles, one-on-one support, and participation in Multi-Disciplinary Team meetings (MDTs) or youth advocacy sessions.
5. Crisis Response and Intervention Support can happen before, during or after school, and/ or in the community.
o Provide referrals and connections to relevant community and county services and resources as needed.
o Provide linkage to the Community-Based Gilroy Late Night Gym THRIVE Program as needed for identified youth
6. Collaboration and Participation
o Participate in Monthly Technical Team, Multi-Disciplinary Team (MDT) and ad hoc Violence Disruption meetings (as needed).
o Lead or co-chair at least one (1) Tech Team subcommittees. o Collaborate with the City of Gilroy, GUSD, SCYTF South County Technical Team, and other local partners that have an SCYTF MOU, to advance shared goals of violence prevention, neighborhood safety and restorative practices.
7. Program Evaluation and Reporting
o 106 unduplicated youth across all services using the City-provided Units of Service Workbook. o Conduct entrance and exit surveys to measure changes in behavior, attitudes, and overall wellbeing. o Submit the following documentation regularly:
o Monthly calendars of programs/ activities
o Sign-in sheets
o Survey results (pre/ post and/or retrospective)
o Narrative and data-driven reports
o Monthly updates to SCYTF Administration and Schools
o Any other requested measurable deliverables
8. Outreach and Branding Support
o Coordinate with the SCYTF Administration Team and Monthly MDTs, for outreach, collaboration, and co-branded activities and materials. o Post all workshops and event flyers pertaining to this work on the SCYTF website.
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o Work to further the goals and efforts of building a restorative community and preventing and de-escalating youth violence and anti-social behaviors in South County o Conduct entrance and exit surveys at the end of services (as they pertain to the strategy) to measure changes in behavior and well-being.
o Submit the following documentation monthly: narrative/reports, calendars, sign-in sheets, Cityprovided units of service workbook and other measurable metrics to prove expected deliverables are met with SCYTF Administration.
9. Must provide a client list (First Initial and Last Initial) that includes the following:
i. Name of youth served.
ii. Include assigned Probation File Numbers for Youth (if applicable); iii. Date of birth of youth served;
iv. Start date of when youth started receiving services; v. End date of when youth stopped receiving services;
vi. ZIP Code of youth served (if available);
vii. Ethnicity of youth served (if available); and
viii. Hours of service per youth by activity type.
10. Groups: Maintain and submit sign-in sheets monthly to track participation, Monthly Units of Service Reports, and pre/post surveys on the start and end of groups.
11. Participate in contract monitor meetings every other month and attend other necessary meetings and activities and have the flexibility to attend necessary meetings and activities as they arise, which may occur outside of traditional 8:00 a.m. to 5:00 p.m., Monday through Friday work hours.
12. Population to be served: children and young adults (Youth between the ages of 10-24 (any gender or non-binary), who reside or attend school in Gilroy (zip code areas 95020 and 95021) and can fall in one or more of the following categories:
i. At Promise (At-Risk) Youth”: Defined as youth who live in or attend schools in low-socio economic areas, referred to as “Hot Spots” within the first Strategic Plan that exhibit Stability Needs; Potential Harm to Self or Others; Offending Behavior; Trauma History/ Lack of Healthy Coping Abilities and Re-Victimization Risk, ii. High–Promise (High-Risk) Youth: Defined as youth exhibiting high risk behavior(s) related to gang lifestyles, re-offending and/or participating in gang intimidation or behaviors associated with violence. This category distinguishes from “at-risk” population in that it generates additional characteristics demonstrating social-risk factors and level of intensity. iii. “Youth who demonstrate to be severely impacted/gang intentional”: Social circle is integrated into intergenerational gang-membership environment and/or affected by intergenerational drug use youth self-identified, and/or are arrested for gang-related incidents or acts of violence through the justice system.
13. Have the needed level of flexibility to attend necessary meetings, including monthly, Technical Team meetings and impromptu climate and crisis meetings; and have ability to work weekends (with 30-day advanced notice) for important or large events and evenings as deemed necessary to carry out successful coordination of project services.
14. Transport of Youth: Transportation can only occur after all necessary insurance(s) have been completed and insurances and waivers meet all necessary insurance guidelines. One-to-one driving is not allowed. Consultant and youth in transport must be of the same gender, or there may be another staff member in the car of the opposite gender. This may include City of Gilroy staff. A guardian/parental permission slip must be signed each time a youth enters CONSULTANT'S vehicle. If transportation occurs under life coaching/case management, all intake paperwork must be up to date and the two-to-one ratio must be enforced. Contact of youth and transportation must follow County and City procedures.
15. Locations of services will occur at the identified schools, as deemed appropriate per client need.
Contact of client and transportation must follow County and City procedures.
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EXHIBIT “C”
MILESTONE SCHEDULE
PER “FIRST AMENDMENT TO AGREEMENT FOR SERVICES” THIS REVISED
MILESTONE SCHEDULE REPLACES THE MILESTONE SCEHDULE THAT WAS INCLUDED IN THE ORIGINAL AGREEMENT:
Management Plan
Youth Alliance (YA) is uniquely positioned to deliver the THRIVE project scope of work with a proven history of supporting vulnerable youth across South County. For over a decade, YA has partnered with Gilroy Unified School District (GUSD), Morgan Hill Unified School District (MHUSD), and the South County Youth Task Force (SCYTF) to implement culturally responsive and evidence-based programming that addresses youth violence prevention, case management, leadership development, and restorative practices. YA currently serves more than 2,300 youth annually through all its programs and has connected with thousands of youths throughout the years with THRIVEsponsored groups, demonstrating our capacity to replicate and expand this work with measurable outcomes.
YA has successfully executed programs with similar scopes of work, including case management (life coaching), mentorship, systems navigation, and re-entry planning. Our staff provide individualized support to youth impacted by poverty, food insecurity, violence, substance abuse, and gang involvement. This includes one-on-one life coaching sessions, youth groups, re-entry planning for justice-involved youth, and warm referrals to educational, mental health, housing, and job training resources. In parallel, YA has facilitated evidence-based youth groups such as El Joven Noble, Xinachtli, Cara y Corazón, BOTVIN LifeSkills, Why Try, and Restorative Justice circles. Each of these initiatives has been fully implemented in collaboration with schools, community centers, and law enforcement partners, reinforcing YA’s ability to manage and deliver complex, multi-layered projects.
Timeline of schedule of events is subject to change and may include, but not limited to:
Phase I of the project consists of our OLLIN (Organizing Leaders to Learn, Inform and Nurture) and Xinachtli youth leadership development workshops. o Weekly Youth Leadership development workshops (12-week session). Our goal is to have (90) unduplicated high-risk, at-promise 9-24 year old participants. o Develop the positive potential/social capital of youth at-risk of substance use into youth leaders with valuable life skills, strong sense of self-worth, and self-empowerment.
Phase II of the project consists of the HEROES (Honorable Educators Respecting, o Organizing & Exemplifying Success) youth leadership advocacy group. o Participants will be youth who have graduated from our Phase I groups as well as fresh referrals of students who are trending towards leadership roles at the outset. o 24-week leadership development program which takes on students from Phase I as well as fresh referrals of students who are trending towards leadership roles at the outset. The result is a dynamic peer group designed to foster peer mentorships and facilitate new perspectives and unlikely relationships. Our goal is to have 20 unduplicated high risk, at-promise 9-24 year old participants.
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o Research issues of substance abuse, assess the nature of problems within their immediate community.
Phase III of the project consists of the LIT (Leaders in Training) and HYPE (Healthy o Youth Promoting Education) positive youth development framework. o - Drop Zone (Drop-in Center): Ongoing drop in center services at our Gilroy Youth Impact Center, yearly, evening, recreation, art, and positive youth activities aiming to serve a total of 25 unduplicated youth per year.
o Leaders in Training (LIT): 12-week session of leadership training and development while also coaching and mentoring OLLIN and Xinachtli groups. LIT will also focus on youth governance models and a community strategy to amplify youth voice.
PROJECT SCHEDULE
(December 2025/January 2026)
o Program Launch and Onboarding
o Kickoff meetings with SCYTF, GUSD, and partners.
o Confirm school sites and finalize referral process.
o ○ Staff alignment and refresher trainings (trauma-informed care, RJ, case management). ● Outreach and Engagement
o Begin 2x weekly school-site outreach (4+ hours each). o Relationship-building with students, parents, and staff. o Enroll initial case management cohort (8–10 youth).
● Youth Groups (Pilot Launch)
o Launch 1–2 groups before winter break (smaller scale). ● Deliverables: Activity calendars, enrollment updates, initial survey data, SCYTF updates. o Note: Youth availability decreases in mid-December due to family holiday travel. o Winter 2026 (January – March)
● Case Management Expansion
o Weekly one-on-one sessions for active caseload.
o Increase to 15–20 youth enrolled.
● Youth Groups (Core Delivery Phase)
o Implement 3 evidence-based/life skills groups (10+ youth each). o Strongest window for consistent attendance before spring break. o Youth Alliance - SCYTF School-Based Youth Services 25-RFP-PD-523 9 ● Community Building & Crisis Response
o Facilitate Peace/Community Building Circle series at a selected school site. o Provide crisis response as needed, including MDT participation. ● Deliverables: Monthly reports, sign-in sheets, entrance surveys. o Spring 2026 (April – June)
● Case Management Continuation
o Maintain caseload (up to 24 youth).
o Begin re-entry planning for graduating or transitioning youth. ● Youth Groups (Completion of School-Year Cohorts)
o Run final 2 school-year groups before end of semester. o Reach cumulative total of at least 60–70 unduplicated youth served through groups. ● Outreach and Linkage
o Promote and support connections to Late Night Gym THRIVE program. o Ensure continuity of support for graduating youth.
● Deliverables: Monthly reports, survey collection, SCYTF updates. o Note: After mid-June, school access is limited due to summer break and youth travel. o Summer 2026 (July – mid-August)
● Modified Summer Engagement
o Lighter outreach at parks, libraries, and the Youth Impact Center.
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o Maintain check-ins with active case management youth where possible. o Offer 1 flexible summer youth group or workshop (smaller enrollment expected). ● Deliverables: Outreach logs, attendance sheets, survey updates. o Note: Expect reduced attendance due to travel to Latin America and family obligations. o Fall 2026 (September 2026 – December 2026)
● June 2027 Final Engagement and Transition Planning
o Outreach and engagement as school year resumes.
o Support transition of new referrals into school-based supports or partner services. o Focus on continuity rather than starting a new full cohort. ● June 2027 Wrap-Up and Reporting
o Conduct exit surveys and retrospective evaluations.
o Finalize Units of Service workbook, monthly activity calendars, and comprehensive report. o Participate in closing SCYTF meetings and subcommittee debriefs. o Peak program activity will take place January through May 2026, when youth are most consistently available.
● Winter and summer breaks will be used for lighter outreach, continuity o check-ins, and targeted activities, but not large group launches. ● Fall 2025: 2 cohort
● Winter 2026: 3 cohorts
● Spring 2026: 3 cohorts
● Summer 2026: 1 cohort (optional/shortened)
● Fall 2026: 1 cohort
● Winter 2027: 1 cohort
● Spring 2027: 1 cohort
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EXHIBIT “D”
PAYMENT SCHEDULE EXHIBIT
PER “FIRST AMENDMENT TO AGREEMENT FOR SERVICES” THIS REVISED
PAYMENT SCHEDULE REPLACES THE PAYMENT SCHEDULE THAT WAS INCLUDED IN THE ORIGINAL AGREEMENT:
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 8th day of the month, following the billing month, following completion of each of the Services identified in
EXHIBIT
B. If the services have been completed to the satisfaction of the City of Gilroy, the CITY shall make payment to the CONSULTANT within thirty (30) business days after receipt of the statement and approval thereof. B. The maximum amount of compensation to be paid to CONSULTANT under this AGREEMENT shall not exceed $204,604.62. CONSULTANT to successfully complete the project within the 19-month period. Reimbursement will be based on work completed, per budget specifications.
C. Any hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. All contract deliverables needed for payment are stated in Exhibit B and include the completion of a monthly invoice, with relevant direct expenses back up, monthly narrative and statistical reporting to show measurement for successful targeted youth intervention, groups and pro-social activities in predesignated areas.
Quarterly invoicing will include direct expenses for reimbursement, such as allowable overhead and supervision, direct expenses, i.e. cell phone and mileage reimbursement for positions, wages, supplies, training, costs for pro-social activities and healthy food expenses. Any additional direct expenses will not be reimbursed by the CITY.
Quarterly invoices and all back up documentation (monthly calendars, PAR monthly report, staff timesheets, agency invoice, OUS workbook, and Narrative report) will be submitted to the CITY by the 8th day of the next month, as follows or the Friday prior to, if the 8th falls on a weekend, the invoice is due the following Monday, no later than 12:00 PM. An exception will be the last monthly invoice as the City funder requests the final invoice prior to the month's end:
Quarters Invoice Deadline
• December 9-31, 2025 January 8, 2026
• January 1, 2026- March 31, 2026 April 8, 2026
• April 1, 2026-June 30, 2026 June 20, 2026
• July 1, 2026-September 30, 2026 October 8, 2026
• October 1, 2026- December 31, 2026 January 8, 2027
• January 1, 2027-March 31, 2027 April 8, 2027
• April 1, 2027- June 30, 2027 July 1, 2027
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Please allow up to 30 business days between submittal of invoice and confirmed back up verification for the processing of payment. Back up includes but it not limited to any of the following: timecard for program coordinator, sign in sheets for services and programs sponsored by this agreement, fliers and brochures, pictures for program activities, meeting agendas and notes, and any other documentation related to the any of the diversion program activities. Invoices will be returned if necessary back up is not attached and timing of check processing will be paused.
D. BUDGET – YOUTH ALLIANCE TOTAL PROGRAM BUDGET $130,105.14 DECEMBER 9, 2025- DECEMBER 31, 2026 | ORIGINAL CONTRACT Youth Alliance
Personnel FTE Rate Annual Salary Total
Case Manager 1.00 $35.50 $73,840.00 $73,840.00
Outreach
Specialist
0.25 $26.50 $55,120.00 $13,780.00
Fringe
Fringe Benefits at 27% $23,657.40
Subtotal Personnel $111,277.40
Non Personnel Qty. Unit Price Total
Program
Supplies/Equipment
1 $3,000.00 $3,000.00
Incentives 1 $2,500.00 $2,500.00
Training 1 $1,000.00 $1,000.00
Travel/Mileage 1 $500.00 $500.00
Subtotal Non-Personnel $7,000.00
Direct Costs $118,277.40
Indirect Costs at 10% $11,827.74
TOTAL $130,105.14
BUDGET – YOUTH ALLIANCE TOTAL PROGRAM BUDGET $74,499.48 JANUARY 1, 2027- JUNE 30, 2027, | EXTENSION FOR ORIGINAL SERVICES
PERSONNEL
Case Manager (1.0 FTE): $36,400.00
Outreach Specialist (0.5 FTE): $13,780.00
Subtotal – Salaries: $50,180.00
Benefits (26%): $13,046.80
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SUBTOTAL – PERSONNEL: $63,226.80
OPERATING COSTS
Program Supplies: $3,000.00
Rent: $0.00
Professional Services: $0.00
Training: $750.00
Travel/Mileage: $750.00
SUBTOTAL – NON-PERSONNEL: $4,500.00
SUBTOTAL DIRECT: $67,726.80
INDIRECT (10%): $6,772.68
TOTAL: $74,499.48
City of Gilroy
Service Agreement / Contract Tracking
Today’s Date 1/6/25 Your Name Trish Vigil
Contract Type Phone Number
Contract Effective Date December 9, 2025
Contract Expiration Date December 31, 2026
Contractor/Consultant Name Youth Alliance
Contract Subject GUSD School-Based Services for at-risk juveniles Contract Amount $130,105.14
FY Budget Amount FY26: $65,052.60
FY27: $65,052.60
Org/Object Code 2273000-52610
Contract Number (Assigned by City
Clerk)
Routing Steps for e-signature
Risk Manager
City Attorney Approval as to Form
City Administrator or Department Head
City Clerk Attestation
Docusign Envelope ID: DB49CFF3-0E17-4EA6-8BEA-EF4C2F3CCBCD 26PD0008
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
12/18/2025
CalNonprofits Insurance Services
1500 41st Avenue, Suite 228
Capitola CA 95010
Samantha Ibarra 831-824-5022 [email protected] Nonprofits Insurance Alliance of California 10023 HOLLYOU-01 Republic Indemnity Company of America 22179 Youth Alliance
310 Fourth Street, Ste 101
Hollister CA 95023
993046244
A X 1,000,000 X 500,000 20,000 1,000,000 3,000,000 X
Y 01-CP-0006291-01-21 11/5/2025 11/5/2026
3,000,000
A
1,000,000 X X
Y 01-CP-0006291-01-21 11/5/2025 11/5/2026
1,000,000
A X 2,000,000 X
01-UB-0006291-01-06 11/16/2025 11/16/2026
2,000,000
B 25795801 6/1/2025 6/1/2026
X
1,000,000 1,000,000 1,000,000
A
A
A
Accident Liability
Directors & Officers
Social Service Professional
07-AC-0006291-01-03
01-CP-0006291-01-21
01-CP-0006291-01-21
11/16/2025
11/5/2025
11/5/2025
11/16/2026
11/5/2026
11/5/2026
Policy Aggregate
Each Claim/Aggregate
Each Claim/Aggregate
$1,000,000
$1M/$1M
$1M/$3M
Improper Sexual Conduct and Physical Abuse Liability: Nonprofits Insurance Alliance of California, NAIC# 10023, Policy Number: 01-CP-0006291-01-21, Effective Dates: 11/05/2025 to 11/05/2026, Each Claim/Aggregate: $1M/$1M Liquor Liability: Nonprofits Insurance Alliance of California, NAIC# 10023, Policy Number: 01-CP-0006291-01-21, Effective Dates: 11/05/2025 to 11/05/2026, Each Cause/Aggregate: $1M/$1M
The City of Gilroy, its officers, representatives, agents and employees are included as Additional Insured with respect to General Liability and Business Auto Liability and Social Service Professional Liability as required by written contract per Endorsement Form(s) CG 20 26 12 19, NIA-102 BA 01 25 and NIA-002 SSP 03 25 attached. Commercial Umbrella follows form. 30 Day Notice of Cancellation applies per Endorsement Form(s) requested from the carrier.
City of Gilroy
7351 Rosanna Street
Gilroy CA 95020
Docusign Envelope ID: DB49CFF3-0E17-4EA6-8BEA-EF4C2F3CCBCD
NIA-102 BA 01 25 Nonprofits Insurance Alliance™ and NONPROFITS OWN® are brands of Alliance Member Services™ (AMS). © AMS. All rights reserved.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AI - PRIMARY AND NON-CONTRIBUTARY – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
In consideration of the premium charged, it is understood and agreed that the following is added as an additional insured:
Any person or organization that you are required to include on this policy, under written contract or agreement currently in effect or becoming effective during the term of this policy, applicable under the terms and conditions of this endorsement, and consistent with the description below that the parties intend. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
But only as respects a legally enforceable contractual agreement with the Named Insured and only for liability arising out of the Named Insured's negligence and only for occurrences of coverages not otherwise excluded in the policy to which this endorsement applies.
It is further understood and agreed that irrespective of the number of entities named as insureds under this policy, in no event shall the company's limits of liability exceed the occurrence or aggregate limits as applicable by policy definition or endorsement.
Such insurance as is afforded by this endorsement for the additional insured shall apply as primary insurance.
Any other insurance maintained by the additional insured or its officers and employees shall be excess and noncontributing with the insurance afforded by this endorsement.
Docusign Envelope ID: DB49CFF3-0E17-4EA6-8BEA-EF4C2F3CCBCD
POLICY NUMBER: 01-CP-0006291-01-21 COMMERCIAL GENERAL LIABILITY CG 20 26 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to provide
for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the applicable
limits of insurance.
Docusign Envelope ID: DB49CFF3-0E17-4EA6-8BEA-EF4C2F3CCBCD
NIA-002 SSP 03 25 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – PRIMARY AND NON-CONTRIBUTORY -
FOR DESIGNATED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
SOCIAL SERVICE PROFESSIONAL LIABILITY COVERAGE FORM
SCHEDULE
Section III of the Social Service Professional Liability Coverage Form — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule in this endorsement, but only with respect to liability for "damages” caused solely by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations.
Section 4 of the Social Service Professional Liability Coverage Form (Claims-Made) — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule in this endorsement, but only with respect to liability for "damages” caused solely by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations.
The insurance extended by this endorsement is primary coverage when you have so agreed in a written contract or agreement and will be considered non-contributory with the additional insured(s) own insurance.
Name Of Additional Insured Person(s) Or Organization(s):
Any person or organization that you are required to add as an additional insured on this policy, either under a written contract or agreement currently in effect or becoming effective during the term of this policy. However, the additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization.
Docusign Envelope ID: DB49CFF3-0E17-4EA6-8BEA-EF4C2F3CCBCD
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AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 9 day of December, 2025, between:
CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California
and CONSULTANT: Youth Alliance, having a principal place of business at 310 4th St. Ste 101 Hollister, CA 95023 .
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on December 9, 2025 and will continue in effect through December 31, 2026 unless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. EN - Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S employees, including, without limitation, disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit “C” (“Milestone Schedule”).
B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above-described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT’S services.
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C. Employment of Assistants
CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT’S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONSULTANT exceed $130,105.14.
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT’S costs of doing business.
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ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY.
B. Workers’ Compensation
CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or death of any of CONSULTANT’S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.
D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements Docusign Envelope ID: DB49CFF3-0E17-4EA6-8BEA-EF4C2F3CCBCD
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set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called “extended reporting” or “tail” coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work.
As a condition precedent to CITY’S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that:
● CITY will not withhold FICA (Social Security) from CONSULTANT’S payments;
● CITY will not make state or federal unemployment insurance contributions on CONSULTANT’S behalf;
● CITY will not withhold state or federal income tax from payment to CONSULTANT;
● CITY will not make disability insurance contributions on behalf of CONSULTANT;
● CITY will not obtain workers’ compensation insurance on behalf of CONSULTANT.
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ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT’S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant’s Business/ Death of Consultant.
CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’ receipt of such notice of sale.
If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following:
1. CONSULTANT’S failure to professionally and/or timely perform any of the services contemplated by this Agreement.
2. CONSULTANT’S breach of any of its representations, warranties or covenants contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C” which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT’S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY Docusign Envelope ID: DB49CFF3-0E17-4EA6-8BEA-EF4C2F3CCBCD
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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: DB49CFF3-0E17-4EA6-8BEA-EF4C2F3CCBCD
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attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY.
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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested.
Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section V.H. but each party may change the address by written notice in accordance with this paragraph.
Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT: CITY:
Youth Alliance CITY OF GILROY
By: By:
Name: Eduardo Navarro Name: Harjot Sangha
Title: Chief Operating Officer Title: Interim Administrator, City of Gilroy
Social Security or Taxpayer
Identification Number 77-0377245
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Approved as to Form ATTEST:
City Attorney City Clerk
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EXHIBIT “A”
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign Eduardo Navarro , who will act in the capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written “Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Sandra Cruz, South County Youth Task Force Coordinator shall be the designated City contact person(s).
Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached Exhibit “C”.
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
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Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT’S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY’S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY’s offices within five (5) business days after CITY’s request.
D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or Docusign Envelope ID: DB49CFF3-0E17-4EA6-8BEA-EF4C2F3CCBCD
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other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY.
E. NO PLEDGING OF CITY’S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit “A”.
CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever.
H. NOTICES.
Notices are to be sent as follows:
CITY: Sandra Cruz, SCYTF Coordinator
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
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CONSULTANT: Eduardo Navarro, COO
Youth Alliance
310 4th Street, Suite 101
Hollister, CA 95023
I. FEDERAL FUNDING REQUIREMENTS.
☐ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply. ☒ If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items.
3. Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
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EXHIBIT “B”
SCOPE OF SERVICES
CONSULTANT Youth Alliance (YA) will coordinate and provide services, outlined and specified in reporting data outlined below, necessary for program evaluation: ie. monthly progress and quarterly financial reporting utilizing Program Activity Report (PAR), Units of Service Workbook (OUS) report and invoicing format; as well as ongoing program improvement, to the City of Gilroy in a timely matter. This program is part of the South County Project II THRIVE (Transformation and Hope, Resiliency, Integrity, Voice & Engagement) Project, in effort to prevent and reduce juvenile delinquent behaviors, prevent/ reduce recruitment of youth into gangs and prevent/ reduce youth violence in South Santa Clara County. Service delivery time frame: December 9, 2025- December 31, 2026.
CONSULTANT Youth Alliance shall complete the following services:
1. Case Management (Life Coaching) and Intervention Support. • A total of 15 unduplicated youth in strategically identified Gilroy Unified District schools, as recommended by GUSD and SCYTF trends. Youth will be referred by GUSD, SCYTF, MDT, and up to 10 youth (duplicated) from Evidence-Based Groups. Total youth to receive Case Management services is 25.
• Youth will receive weekly sessions up to 6 months.
• Maintain a written and/or electronic individualized client file documenting progress, assessments, and services plans.
• Use retrospective surveys to assess effectiveness of services. • Both parties agree to act in good faith to fulfill the intent and obligations of this Agreement. YA’s ability to perform case management services for up to fifteen (15) unduplicated, school-referred youth is expressly contingent upon the timely and appropriate referral of eligible youth by the GUSD, MDT and/or SCYTF.
Youth Alliance shall not be held liable or in breach of this Agreement if, SCYTF in partnership with GUSD and MDT fail to identify, refer, or maintain a sufficient number of eligible youth necessary to meet the referral target. YA agrees to notify the SCYTF Coordinator in writing if they are struggling in meeting their CM numbers at least 6 months before the end of this agreement to work on a collective plan to meet this deliverable. If plan does not work, YA’s obligation shall be deemed satisfied upon the successful enrollment and case management of a minimum of ten (10) youth referred through evidence-based groups or other eligible referral sources, as applicable.
SCYTF agree to exercise due diligence in identifying and referring youth who meet the established criteria for participation. Failure to make such referrals shall not constitute nonperformance or negligence on the part of YA. Each party agrees to communicate promptly and collaboratively to Docusign Envelope ID: DB49CFF3-0E17-4EA6-8BEA-EF4C2F3CCBCD
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address any challenges that may impact referral flow, participant eligibility, or program implementation.
2. Eight (8) Evidence-Based, Culturally Responsive Youth Groups:
• Implement eight (8) evidence-based or life skills youth groups throughout the 12-month contract period (e.g., El Joven Noble, Xinachtli Rights of Passage, Cara Y Corazon; Life Skills Programs, such as Why Try, BOTVIN groups, Restorative Justice based groups, or any other pre-approved curricula (curriculum must be submitted for approval).
• Groups should be distributed over the year in selected Gilroy Unified District schools, as recommended by GUSD and SCYTF (e.g., 4 in the fall/ winter and 4 in the spring/summer). • Each group will serve a minimum of 7 unduplicated youth, with a total of at least 56 unduplicated individuals served across all groups.
3. Outreach, Community Engagement and Intervention Support Services • Provide outreach and intervention supports at identified key schools. • Facilitate at least one (1) Peace/Community Building Circle series at a identified school site. • Conduct Outreach a minimum of two (2) days per week at assigned locations for at least four (4) hours per day. Locations will vary depending on the need.
4. Secondary Crisis Response
• Support identified schools in maintaining a positive, restorative, and safe culture. • Provide crisis response and intervention before, during, or after school, and/or in the community. • Activities may include outreach, restorative circles, one-on-one support, and participation in Multi-Disciplinary Team meetings (MDTs) or youth advocacy sessions. • Crisis Response and Intervention Support can happen before, during or after school, and/ or in the community.
5. Provide Linkage and Referral
• Provide referrals and connections to relevant community and county services and resources as needed.
• Provide linkage to the Community-Based Gilroy Late Night Gym THRIVE Program as needed for identified youth
6. Collaboration and Participation
• Participate in Monthly Technical Team, Multi-Disciplinary Team (MDT) and ad hoc Violence Disruption meetings (as needed).
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• Lead or co-chair at least one (1) Tech Team subcommittees. • Collaborate with the City of Gilroy, GUSD, SCYTF South County Technical Team, and other local partners that have an SCYTF MOU, to advance shared goals of violence prevention, neighborhood safety and restorative practices.
7. Program Evaluation and Reporting
• Serve 71 unduplicated youth across all services using the City-provided Units of Service Workbook.
• Conduct entrance and exit surveys to measure changes in behavior, attitudes, and overall wellbeing. • Submit the following documentation regularly:
• Monthly calendars of programs/ activities
• Sign-in sheets
• Survey results (pre/ post and/or retrospective)
• Narrative and data-driven reports
• Monthly updates to SCYTF Administration and Schools
• Any other requested measurable deliverables
8. Outreach and Branding Support
• Coordinate with the SCYTF Administration Team and Monthly MDTs, for outreach, collaboration, and co-branded activities and materials. • Post all workshops and event flyers pertaining to this work on the SCYTF website. • Work to further the goals and efforts of building a restorative community and preventing and deescalating youth violence and anti-social behaviors in South County • Conduct entrance and exit surveys at the end of services (as they pertain to the strategy) to measure changes in behavior and well-being.
• Submit the following documentation monthly: narrative/reports, calendars, sign-in sheets, Cityprovided units of service workbook and other measurable metrics to prove expected deliverables are met with SCYTF Administration.
9. Must provide a client list (First Initial and Last Initial) that includes the following:
i. Name of youth served;
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ii. Include assigned Probation File Numbers for Youth (if applicable); iii. Date of birth of youth served;
iv. Start date of when youth started receiving services; v. End date of when youth stopped receiving services;
vi. ZIP Code of youth served (if available);
vii. Ethnicity of youth served (if available); and
viii. Hours of service per youth by activity type.
10. Groups: Maintain and submit sign-in sheets monthly to track participation, Monthly Units of Service Reports, and pre/post surveys on the start and end of groups.
11. Participate in contract monitor meetings every other month and attend other necessary meetings and activities and have the flexibility to attend necessary meetings and activities as they arise, which may occur outside of traditional 8:00 a.m. to 5:00 p.m., Monday through Friday work hours.
12. Population to be served: children and young adults (Youth between the ages of 10-24 (any gender or non-binary), who reside or attend school in Gilroy (zip code areas 95020 and 95021) and can fall in one or more of the following categories:
i. At Promise (At-Risk) Youth”: Defined as youth who live in or attend schools in low-socio economic areas, referred to as “Hot Spots” within the first Strategic Plan that exhibit Stability Needs; Potential Harm to Self or Others; Offending Behavior; Trauma History/ Lack of Healthy Coping Abilities and Re-Victimization Risk,
ii. High–Promise (High-Risk) Youth: Defined as youth exhibiting high risk behavior(s) related to gang lifestyles, re-offending and/or participating in gang intimidation or behaviors associated with violence. This category distinguishes from “at-risk” population in that it generates additional characteristics demonstrating social-risk factors and level of intensity. iii. “Youth who demonstrate to be severely impacted/gang intentional”: Social circle is integrated into intergenerational gang-membership environment and/or affected by intergenerational drug use youth self-identified, and/or are arrested for gang-related incidents or acts of violence through the justice system.
13. Have the needed level of flexibility to attend necessary meetings, including monthly, Technical Team meetings and impromptu climate and crisis meetings; and have ability to work weekends (with 30 day advanced notice) for important or large events and evenings as deemed necessary to carry out successful coordination of project services.
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is not allowed. Consultant and youth in transport must be of the same gender, or there may be another staff member in the car of the opposite gender. This may include City of Gilroy staff. A guardian/parental permission slip must be signed each time a youth enters CONSULTANT'S vehicle. If transportation occurs under life coaching/case management, all intake paperwork must be up to date and the two-to-one ratio must be enforced. Contact of youth and transportation must follow County and City procedures.
15. Locations of services will occur at the identified schools, as deemed appropriate per client need. Contact of client and transportation must follow County and City procedures.
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EXHIBIT “C”
MILESTONE SCHEDULE
Management Plan
Youth Alliance (YA) is uniquely positioned to deliver the THRIVE project scope of work with a proven history of supporting vulnerable youth across South County. For over a decade, YA has partnered with Gilroy Unified School District (GUSD), Morgan Hill Unified School District (MHUSD), and the South County Youth Task Force (SCYTF) to implement culturally responsive and evidence-based programming that addresses youth violence prevention, case management, leadership development, and restorative practices. YA currently serves more than 2,300 youth annually through all its programs and has connected with thousands of youth throughout the years with THRIVE-sponsored groups, demonstrating our capacity to replicate and expand this work with measurable outcomes.
YA has successfully executed programs with similar scopes of work, including case management (life coaching), mentorship, systems navigation, and re-entry planning. Our staff provide individualized support to youth impacted by poverty, food insecurity, violence, substance abuse, and gang involvement. This includes one-on-one life coaching sessions, youth groups, re-entry planning for justice-involved youth, and warm referrals to educational, mental health, housing, and job training resources. In parallel, YA has facilitated evidence-based youth groups such as El Joven Noble, Xinachtli, Cara y Corazón, BOTVIN LifeSkills, Why Try, and Restorative Justice circles. Each of these initiatives has been fully implemented in collaboration with schools, community centers, and law enforcement partners, reinforcing YA’s ability to manage and deliver complex, multi-layered projects.
Timeline of schedule of events is subject to change and may include, but not limited to:
Phase I of the project consists of our OLLIN (Organizing Leaders to Learn, Inform and Nurture) and Xinachtli youth leadership development workshops.
- Weekly Youth Leadership development workshops (12 week session). Our goal is to have 60 unduplicated high-risk, at-promise 9-24 year old participants. - Develop the positive potential/social capital of youth at-risk of substance use into youth leaders with valuable life skills, strong sense of self-worth, and self-empowerment.
Phase II of the project consists of the HEROES (Honorable Educators Respecting, Organizing & Exemplifying Success) youth leadership advocacy group.
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- Participants will be youth who have graduated from our Phase I groups as well as fresh referrals of students who are trending towards leadership roles at the outset.
- 24-week leadership development program which takes on students from Phase I as well as fresh referrals of students who are trending towards leadership roles at the outset. The result is a dynamic peer group designed to foster peer mentorships and facilitate new perspectives and unlikely relationships. Our goal is to have 20 unduplicated high risk, at-promise 9-24 year old participants. - Research issues of substance abuse, assess the nature of problems within their immediate community.
Phase III of the project consists of the LIT (Leaders in Training) and HYPE (Healthy Youth Promoting Education) positive youth development framework. - Drop Zone (Drop-in Center): Ongoing drop in center services at our Gilroy Youth Impact Center, yearly, evening, recreation, art, and positive youth activities aiming to serve a total of 25 unduplicated youth per year. - Leaders in Training (LIT): 12 week session of leadership training and development while also coaching and mentoring OLLIN and Xinachtli groups. LIT will also focus on youth governance models and a community strategy to amplify youth voice.
PROJECT SCHEDULE
(December 2025/January 2026)
● Program Launch and Onboarding
○ Kickoff meetings with SCYTF, GUSD, and partners.
Confirm school sites and finalize referral process.
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○ Staff alignment and refresher trainings (trauma-informed care, RJ, case management). ● Outreach and Engagement
○ Begin 2x weekly school-site outreach (4+ hours each). ○ Relationship-building with students, parents, and staff. ○ Enroll initial case management cohort (8–10 youth).
● Youth Groups (Pilot Launch)
○ Launch 1–2 groups before winter break (smaller scale). ● Deliverables: Activity calendars, enrollment updates, initial survey data, SCYTF updates.
Note: Youth availability decreases in mid-December due to family holiday travel.
Winter 2026 (January – March)
● Case Management Expansion
○ Weekly one-on-one sessions for active caseload.
○ Increase to 15–20 youth enrolled.
● Youth Groups (Core Delivery Phase)
○ Implement 3 evidence-based/life skills groups (10+ youth each). ○ Strongest window for consistent attendance before spring break.
Youth Alliance - SCYTF School-Based Youth Services 25-RFP-PD-523 9 ● Community Building & Crisis Response
○ Facilitate Peace/Community Building Circle series at a selected school site. ○ Provide crisis response as needed, including MDT participation. ● Deliverables: Monthly reports, sign-in sheets, entrance surveys.
Spring 2026 (April – June)
● Case Management Continuation
○ Maintain caseload (up to 24 youth).
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○ Begin re-entry planning for graduating or transitioning youth. ● Youth Groups (Completion of School-Year Cohorts)
○ Run final 2 school-year groups before end of semester. ○ Reach cumulative total of at least 60–70 unduplicated youth served through groups. ● Outreach and Linkage
○ Promote and support connections to Late Night Gym THRIVE program. ○ Ensure continuity of support for graduating youth.
● Deliverables: Monthly reports, survey collection, SCYTF updates.
Note: After mid-June, school access is limited due to summer break and youth travel.
Summer 2026 (July – mid-August)
● Modified Summer Engagement
○ Lighter outreach at parks, libraries, and the Youth Impact Center. ○ Maintain check-ins with active case management youth where possible. ○ Offer 1 flexible summer youth group or workshop (smaller enrollment expected). ● Deliverables: Outreach logs, attendance sheets, survey updates.
Note: Expect reduced attendance due to travel to Latin America and family obligations.
Fall 2026 (September 2026 – December, 2026)
● Final Engagement and Transition Planning
○ Outreach and engagement as school year resumes.
○ Support transition of new referrals into school-based supports or partner services. ○ Focus on continuity rather than starting a new full cohort. ● Wrap-Up and Reporting
○ Conduct exit surveys and retrospective evaluations.
○ Finalize Units of Service workbook, monthly activity calendars, and comprehensive report. ○ Participate in closing SCYTF meetings and subcommittee debriefs.
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● Peak program activity will take place January through May 2026 , when youth are most consistently available.
● Winter and summer breaks will be used for lighter outreach, continuity check-ins, and targeted activities, but not large group launches. ● The contract end date (October 2026) makes it unrealistic to begin a new full cohort in the fall. Instead, YA will focus on continuity of services, transition planning, and preparing youth for linkage to ongoing programs.
Summary of Group Delivery
● Fall 2025: 2 cohort
● Winter 2026: 3 cohorts
● Spring 2026: 3 cohorts
● Summer 2026: 1 cohort (optional/shortened)
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EXHIBIT “D”
PAYMENT SCHEDULE
EXHIBIT “D”
PAYMENT SCHEDULE
A. Compensation to CONSULTANT Youth Alliance shall be contingent upon successful completion of the services outlined in EXHIBIT B, SCOPE OF SERVICES. A statement of all professional services outlined under this AGREEMENT shall be prepared by CONSULTANT atholic Charities of Santa Clara County and submitted to the City of Gilroy on or before the 10th day of the month, following the billing month, following completion of each of the Services identified in EXHIBIT B. If the services have been completed to the satisfaction of the City of Gilroy, the CITY shall make payment to the CONSULTANT within thirty (30) business days after receipt of the statement and approval thereof.
B. The maximum amount of compensation to be paid to CONSULTANT under this AGREEMENT shall not exceed $130,105.14 CONSULTANT to successfully complete the project within the 12 month period. Reimbursement will be based on work completed, per budget specifications.
C. Any hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. All contract deliverables needed for payment are stated in Exhibit B and include the completion of a monthly invoice, with relevent direct expenses back up, monthly narrative and statistical reporting to show measurement for successful targeted youth intervention, groups and pro-social activities in pre-designated areas.
Quarterly invoicing will include direct expenses for reimbursement, such as allowable overhead and supervision, direct expenses, i.e. cell phone and mileage reimbursement for positions, wages, supplies, training, costs for pro-social activities and healthy food expenses. Any additional direct expenses will not be reimbursed by the CITY.
Quarterly invoices and all back up documentation (monthly calendars, PAR monthly report, staff timesheets, agency invoice, OUS workbook, and Narrative report) will be submitted to the CITY by the 8th day of the next month, as follows or the Friday prior to, if the 8th falls on a weekend, the invoice is due the following Monday, no later than 12:00 PM. An exception will be the last monthly invoice as the City funder requests the final invoice prior to the month's end:
Quarters Invoice Deadline
December 9-31, 2025 January 8, 2026
January 1, 2026- March 31, 2026 April 8, 2026
April 1, 2026-June 30, 2026 June 20, 2026
July 1, 2026-September 30, 2026 October 8, 2026
October 1, 2026- November 4, 2026 December 8, 2026
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December 1- 31, 2026 January 8, 2027
Please allow up to 30 business days between submittal of invoice and confirmed back up verification for the processing of payment. Back up includes but it not limited to any of the following:
timecard for program coordinator, sign in sheets for services and programs sponsored by this agreement, fliers and brochures, pictures for program activities, meeting agendas and notes, and any other documentation related to the any of the diversion program activities. Invoices will be returned if necessary back up is not attached and timing of check processing will be paused.
D. BUDGET - Youth Alliance
Total Program Budget $130,105.14
Youth Alliance
Personnel FTE Rate Annual Salary Total
Case Manager 1.00 $35.50 $73,840.00 $73,840.00
Outreach Specialist 0.25 $26.50 $55,120.00 $13,780.00
Fringe
Fringe Benefits at 27% $23,657.40
Subtotal Personnel $111,277.40
Non Personnel Qty. Unit Price Total
Program
Supplies/Equipment
1 $3,000.00 $3,000.00
Incentives 1 $2,500.00 $2,500.00
Training 1 $1,000.00 $1,000.00
Travel/Mileage 1 $500.00 $500.00
Subtotal Non-Personnel $7,000.00
Direct Costs $118,277.40
Indirect Costs at 10% $11,827.74
TOTAL $130,105.14
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City of Gilroy
STAFF REPORT
Agenda Item Title: Award a Contract to Youth Alliance for $130,105.14 for South County Youth Task Force (SCYTF) School-Based Youth
Services
Meeting Date: December 8, 2025
From: Brad Kilger, Interim City Administrator
Department: Police
Submitted by: Luke Powell, Police Captain
Prepared by: Patricia Vigil, Management Analyst
STRATEGIC PLAN GOALS: Ensure Neighborhood Equity from City Services
RECOMMENDATION
1. Award a contract to Youth Alliance in the amount of $130,105.14 for schoolbased services, Project No. 25-RFP-PD-523 and,
2. Authorize the City Administrator to execute the contract and associated documents.
EXECUTIVE SUMMARY
In January 2012, the City of Gilroy, City of Morgan Hill, Gilroy and Morgan Hill Unified School Districts and the Santa Clara County Board of Supervisors met and created the South County Youth Task Force (SCYTF) to address the effects of violence and gangs on youth and in the community.
Funding is provided through the SCYTF, Cities of Gilroy and Morgan Hill, Gilroy and Morgan Hill School Districts (GUSD and MHUSD), Santa Clara County Library District, Santa Clara County Juvenile Probation Department, the Santa Clara County Neighborhood Safety Unit and Santa Clara County District Attorney’s Office. As the fiscal agent for the South County Youth Task Force, the Police Department manages the funding for the SCYTF. Funding from the District Attorney’s Office, Santa Clara and the Gilroy Unified School District will be used to cover the total amount of this
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agreement.
The SCYTF funding has sponsored many programs such as the Restorative Community Circles with GPD, Resident Leadership Development, School-based and Communitybased Youth Restorative Justice, Case Management, Crisis Response, Street Outreach, National Compadres Network Xinachtli/Joven Noble Circles, Late Night Gyms, a Mentorship Boxing Program, After School Programs in both Morgan Hill and Gilroy and training opportunities for the SCYTF body, made up of over 45 different organizations.
BACKGROUND
The South County Youth Task Force (SCYTF) is a regional partnership dedicated to serving, supporting, and uplifting our youth in South Santa Clara County (Morgan Hill, Gilroy, and the unincorporated town of San Martin). This collaboration includes local governments, school districts, community and faith-based organizations, and law enforcement agencies. SCYTF’s work is guided by its Mission and Vision:
Mission: To promote a safe and nurturing community that creates and ensures sustainable access to opportunities, resources, and services for South County youth and their families, while empowering their voice and supporting their growth and success.
Vision: A community that is safe and free of youth violence where young people are strong, thriving and connected to their families, schools, and neighborhoods.
ANALYSIS
The school-based services are offered throughout the Gilroy Community for youth ages 9-17 and young adults ages 18-20 to prevent violence. Services are prioritized for youth who live in opportunity neighborhood with high disparities (e.g., poverty, food insecurity, gang exposure, violence, drugs); are on probation or impacted by gang involvement; and/or fall within the spectrum from At-Promise (At-Risk) to High-Promise (High-Risk) Youth. SCYTF school-based programs offers alternative options for youth to be able to access services and programs in their schools and that are at free cost.
These youth services are part of the South County Project II THRIVE (Transformation and Hope, Resiliency, Integrity, Voice & Engagement) Project, in effort to prevent and reduce juvenile delinquent behaviors, prevent/ reduce recruitment of youth into gangs and prevent/ reduce youth violence in South Santa Clara County per the 2023-2026 SCYTF Strategic Plan.
On September 3, 2025, Request for Proposals (RFP), 25-RFP-PD-523, was published on the City of Gilroy’s website soliciting proposals from Community-Based Organizations (CBOs) to provide professional consulting services for the SCYTF
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School-Based Services. A total of three proposals were received.
Proposals were received from three vendors:
1. Pacific Clinics
2. Catholic Charities of Santa Clara County
3. Youth Alliance
A scoring committee reviewed and ranked the proposals received based on the criteria identified in the RFP. Based on the scoring proposals, Youth Alliance was determined to be the most qualified vendor for this assignment due to their understanding and approach to the project, proposed scope of services, qualifications, capacity to provide qualified personnel, and project cost-effectiveness.
ALTERNATIVES
Council could reject the award of contract to Youth Alliance. Staff does not recommend this option as it would mean the SCYTF Strategic Plan to deliver school-based youth services and the continuation of the youth programs will be impacted.
FISCAL IMPACT/FUNDING SOURCE
The proposed agreement with Youth Alliance is for $130,105.14. Funding for this project is provided by the South County Youth Task Force’s contributing agencies, including the District Attorney’s Office, Gilroy Unified School District, and Santa Clara County Library District.
PUBLIC OUTREACH
NEXT STEPS
If approved by Council, the agreement will be executed, and preparations will be made to begin providing services to youth.
Attachments:
1. Youth Alliance- City of Gilroy Agreement School-Based Youth Services 11.10.25
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AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 9th day of December, 2025, between:
CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California
and CONSULTANT: Youth Alliance, having a principal place of business at 310 4th St. Ste 101 Hollister, CA 95023 .
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on December 9, 2025 and will continue in effect through December 31, 2026 unless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. ______ Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S employees, including, without limitation, disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit “C” (“Milestone Schedule”).
B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above-described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT’S services.
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C. Employment of Assistants
CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT’S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONSULTANT exceed $130,105.14.
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT’S costs of doing business.
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ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY.
B. Workers’ Compensation
CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or death of any of CONSULTANT’S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.
D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements
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set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called “extended reporting” or “tail” coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work.
As a condition precedent to CITY’S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that:
● CITY will not withhold FICA (Social Security) from CONSULTANT’S payments;
● CITY will not make state or federal unemployment insurance contributions on CONSULTANT’S behalf;
● CITY will not withhold state or federal income tax from payment to CONSULTANT;
● CITY will not make disability insurance contributions on behalf of CONSULTANT;
● CITY will not obtain workers’ compensation insurance on behalf of CONSULTANT.
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ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT’S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant’s Business/ Death of Consultant.
CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’ receipt of such notice of sale.
If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following:
1. CONSULTANT’S failure to professionally and/or timely perform any of the services contemplated by this Agreement.
2. CONSULTANT’S breach of any of its representations, warranties or covenants contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C” which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT’S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
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may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement.
C. Termination for Failure to Make Agreed-Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT’s duties by any new consultant hired by the CITY to complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either.
C. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable
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attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY.
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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested.
Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section V.H. but each party may change the address by written notice in accordance with this paragraph.
Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT: CITY:
Youth Alliance CITY OF GILROY
By: By:
Name: Eduardo Navarro Name: Brad Kilger
Title: Chief Operating Officer Title: Interim Administrator, City of Gilroy
Social Security or Taxpayer
Identification Number 77-0377245
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Approved as to Form ATTEST:
City Attorney City Clerk
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EXHIBIT “A”
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign Eduardo Navarro , who will act in the capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written “Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Sandra Cruz, South County Youth Task Force Coordinator shall be the designated City contact person(s).
Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached Exhibit “C”.
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
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Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT’S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY’S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY’s offices within five (5) business days after CITY’s request.
D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or
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other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY.
E. NO PLEDGING OF CITY’S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit “A”.
CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever.
H. NOTICES.
Notices are to be sent as follows:
CITY: Sandra Cruz, SCYTF Coordinator
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
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CONSULTANT: Eduardo Navarro, COO
Youth Alliance
310 4th. St. Hollister CA 95023
I. FEDERAL FUNDING REQUIREMENTS.
☐ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply. ☒ If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items.
3. Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
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EXHIBIT “B”
SCOPE OF SERVICES
CONSULTANT Youth Alliance (YA) will coordinate and provide services, outlined and specified in reporting data outlined below, necessary for program evaluation: ie. monthly progress and quarterly financial reporting utilizing Program Activity Report (PAR), Units of Service Workbook (OUS) report and invoicing format; as well as ongoing program improvement, to the City of Gilroy in a timely matter. This program is part of the South County Project II THRIVE (Transformation and Hope, Resiliency, Integrity, Voice & Engagement) Project, in effort to prevent and reduce juvenile delinquent behaviors, prevent/ reduce recruitment of youth into gangs and prevent/ reduce youth violence in South Santa Clara County. Service delivery time frame: December 9, 2025- December 31, 2026.
CONSULTANT Youth Alliance shall complete the following services:
1. Case Management (Life Coaching) and Intervention Support. • A total of 15 unduplicated youth in strategically identified Gilroy Unified District schools, as recommended by GUSD and SCYTF trends. Youth will be referred by GUSD, SCYTF, MDT, and up to 10 youth (duplicated) from Evidence-Based Groups. Total youth to receive Case Management services is 25.
• Youth will receive weekly sessions up to 6 months.
• Maintain a written and/or electronic individualized client file documenting progress, assessments, and services plans.
• Use retrospective surveys to assess effectiveness of services. • Both parties agree to act in good faith to fulfill the intent and obligations of this Agreement. YA’s ability to perform case management services for up to fifteen (15) unduplicated, school-referred youth is expressly contingent upon the timely and appropriate referral of eligible youth by the GUSD, MDT and/or SCYTF.
Youth Alliance shall not be held liable or in breach of this Agreement if, SCYTF in partnership with GUSD and MDT fail to identify, refer, or maintain a sufficient number of eligible youth necessary to meet the referral target. YA agrees to notify the SCYTF Coordinator in writing if they are struggling in meeting their CM numbers at least 6 months before the end of this agreement to work on a collective plan to meet this deliverable. If plan does not work, YA’s obligation shall be deemed satisfied upon the successful enrollment and case management of a minimum of ten (10) youth referred through evidence-based groups or other eligible referral sources, as applicable.
SCYTF agree to exercise due diligence in identifying and referring youth who meet the established criteria for participation. Failure to make such referrals shall not constitute nonperformance or negligence on the part of YA. Each party agrees to communicate promptly and collaboratively to
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address any challenges that may impact referral flow, participant eligibility, or program implementation.
2. Eight (8) Evidence-Based, Culturally Responsive Youth Groups:
• Implement eight (8) evidence-based or life skills youth groups throughout the 12-month contract period (e.g., El Joven Noble, Xinachtli Rights of Passage, Cara Y Corazon; Life Skills Programs, such as Why Try, BOTVIN groups, Restorative Justice based groups, or any other pre-approved curricula (curriculum must be submitted for approval).
• Groups should be distributed over the year in selected Gilroy Unified District schools, as recommended by GUSD and SCYTF (e.g., 4 in the fall/ winter and 4 in the spring/summer). • Each group will serve a minimum of 7 unduplicated youth, with a total of at least 56 unduplicated individuals served across all groups.
3. Outreach, Community Engagement and Intervention Support Services • Provide outreach and intervention supports at identified key schools. • Facilitate at least one (1) Peace/Community Building Circle series at a identified school site. • Conduct Outreach a minimum of two (2) days per week at assigned locations for at least four (4) hours per day. Locations will vary depending on the need.
4. Secondary Crisis Response
• Support identified schools in maintaining a positive, restorative, and safe culture. • Provide crisis response and intervention before, during, or after school, and/or in the community. • Activities may include outreach, restorative circles, one-on-one support, and participation in Multi-Disciplinary Team meetings (MDTs) or youth advocacy sessions. • Crisis Response and Intervention Support can happen before, during or after school, and/ or in the community.
5. Provide Linkage and Referral
• Provide referrals and connections to relevant community and county services and resources as needed.
• Provide linkage to the Community-Based Gilroy Late Night Gym THRIVE Program as needed for identified youth
6. Collaboration and Participation
• Participate in Monthly Technical Team, Multi-Disciplinary Team (MDT) and ad hoc Violence Disruption meetings (as needed).
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• Lead or co-chair at least one (1) Tech Team subcommittees. • Collaborate with the City of Gilroy, GUSD, SCYTF South County Technical Team, and other local partners that have an SCYTF MOU, to advance shared goals of violence prevention, neighborhood safety and restorative practices.
7. Program Evaluation and Reporting
• Serve 71 unduplicated youth across all services using the City-provided Units of Service Workbook.
• Conduct entrance and exit surveys to measure changes in behavior, attitudes, and overall wellbeing. • Submit the following documentation regularly:
• Monthly calendars of programs/ activities
• Sign-in sheets
• Survey results (pre/ post and/or retrospective)
• Narrative and data-driven reports
• Monthly updates to SCYTF Administration and Schools
• Any other requested measurable deliverables
8. Outreach and Branding Support
• Coordinate with the SCYTF Administration Team and Monthly MDTs, for outreach, collaboration, and co-branded activities and materials. • Post all workshops and event flyers pertaining to this work on the SCYTF website. • Work to further the goals and efforts of building a restorative community and preventing and deescalating youth violence and anti-social behaviors in South County • Conduct entrance and exit surveys at the end of services (as they pertain to the strategy) to measure changes in behavior and well-being.
• Submit the following documentation monthly: narrative/reports, calendars, sign-in sheets, Cityprovided units of service workbook and other measurable metrics to prove expected deliverables are met with SCYTF Administration.
9. Must provide a client list (First Initial and Last Initial) that includes the following:
i. Name of youth served;
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ii. Include assigned Probation File Numbers for Youth (if applicable); iii. Date of birth of youth served;
iv. Start date of when youth started receiving services; v. End date of when youth stopped receiving services;
vi. ZIP Code of youth served (if available);
vii. Ethnicity of youth served (if available); and
viii. Hours of service per youth by activity type.
10. Groups: Maintain and submit sign-in sheets monthly to track participation, Monthly Units of Service Reports, and pre/post surveys on the start and end of groups.
11. Participate in contract monitor meetings every other month and attend other necessary meetings and activities and have the flexibility to attend necessary meetings and activities as they arise, which may occur outside of traditional 8:00 a.m. to 5:00 p.m., Monday through Friday work hours.
12. Population to be served: children and young adults (Youth between the ages of 10-24 (any gender or non-binary), who reside or attend school in Gilroy (zip code areas 95020 and 95021) and can fall in one or more of the following categories:
i. At Promise (At-Risk) Youth”: Defined as youth who live in or attend schools in low-socio economic areas, referred to as “Hot Spots” within the first Strategic Plan that exhibit Stability Needs; Potential Harm to Self or Others; Offending Behavior; Trauma History/ Lack of Healthy Coping Abilities and Re-Victimization Risk,
ii. High–Promise (High-Risk) Youth: Defined as youth exhibiting high risk behavior(s) related to gang lifestyles, re-offending and/or participating in gang intimidation or behaviors associated with violence. This category distinguishes from “at-risk” population in that it generates additional characteristics demonstrating social-risk factors and level of intensity. iii. “Youth who demonstrate to be severely impacted/gang intentional”: Social circle is integrated into intergenerational gang-membership environment and/or affected by intergenerational drug use youth self-identified, and/or are arrested for gang-related incidents or acts of violence through the justice system.
13. Have the needed level of flexibility to attend necessary meetings, including monthly, Technical Team meetings and impromptu climate and crisis meetings; and have ability to work weekends (with 30 day advanced notice) for important or large events and evenings as deemed necessary to carry out successful coordination of project services.
14. Transport of Youth: Transportation can only occur after all necessary insurance(s) have been completed and insurances and waivers meet all necessary insurance guidelines. One-to-one driving
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is not allowed. Consultant and youth in transport must be of the same gender, or there may be another staff member in the car of the opposite gender. This may include City of Gilroy staff. A guardian/parental permission slip must be signed each time a youth enters CONSULTANT'S vehicle. If transportation occurs under life coaching/case management, all intake paperwork must be up to date and the two-to-one ratio must be enforced. Contact of youth and transportation must follow County and City procedures.
15. Locations of services will occur at the identified schools, as deemed appropriate per client need. Contact of client and transportation must follow County and City procedures.
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EXHIBIT “C”
MILESTONE SCHEDULE
Management Plan
Youth Alliance (YA) is uniquely positioned to deliver the THRIVE project scope of work with a proven history of supporting vulnerable youth across South County. For over a decade, YA has partnered with Gilroy Unified School District (GUSD), Morgan Hill Unified School District (MHUSD), and the South County Youth Task Force (SCYTF) to implement culturally responsive and evidence-based programming that addresses youth violence prevention, case management, leadership development, and restorative practices. YA currently serves more than 2,300 youth annually through all its programs and has connected with thousands of youth throughout the years with THRIVE-sponsored groups, demonstrating our capacity to replicate and expand this work with measurable outcomes.
YA has successfully executed programs with similar scopes of work, including case management (life coaching), mentorship, systems navigation, and re-entry planning. Our staff provide individualized support to youth impacted by poverty, food insecurity, violence, substance abuse, and gang involvement. This includes one-on-one life coaching sessions, youth groups, re-entry planning for justice-involved youth, and warm referrals to educational, mental health, housing, and job training resources. In parallel, YA has facilitated evidence-based youth groups such as El Joven Noble, Xinachtli, Cara y Corazón, BOTVIN LifeSkills, Why Try, and Restorative Justice circles. Each of these initiatives has been fully implemented in collaboration with schools, community centers, and law enforcement partners, reinforcing YA’s ability to manage and deliver complex, multi-layered projects.
Timeline of schedule of events is subject to change and may include, but not limited to:
Phase I of the project consists of our OLLIN (Organizing Leaders to Learn, Inform and Nurture) and Xinachtli youth leadership development workshops.
- Weekly Youth Leadership development workshops (12 week session). Our goal is to have 60 unduplicated high-risk, at-promise 9-24 year old participants. - Develop the positive potential/social capital of youth at-risk of substance use into youth leaders with valuable life skills, strong sense of self-worth, and self-empowerment.
Phase II of the project consists of the HEROES (Honorable Educators Respecting, Organizing & Exemplifying Success) youth leadership advocacy group.
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- Participants will be youth who have graduated from our Phase I groups as well as fresh referrals of students who are trending towards leadership roles at the outset.
- 24-week leadership development program which takes on students from Phase I as well as fresh referrals of students who are trending towards leadership roles at the outset. The result is a dynamic peer group designed to foster peer mentorships and facilitate new perspectives and unlikely relationships. Our goal is to have 20 unduplicated high risk, at-promise 9-24 year old participants. - Research issues of substance abuse, assess the nature of problems within their immediate community.
Phase III of the project consists of the LIT (Leaders in Training) and HYPE (Healthy Youth Promoting Education) positive youth development framework. - Drop Zone (Drop-in Center): Ongoing drop in center services at our Gilroy Youth Impact Center, yearly, evening, recreation, art, and positive youth activities aiming to serve a total of 25 unduplicated youth per year. - Leaders in Training (LIT): 12 week session of leadership training and development while also coaching and mentoring OLLIN and Xinachtli groups. LIT will also focus on youth governance models and a community strategy to amplify youth voice.
PROJECT SCHEDULE
(December 2025/January 2026)
● Program Launch and Onboarding
○ Kickoff meetings with SCYTF, GUSD, and partners.
Confirm school sites and finalize referral process.