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contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
19. OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at
https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees.
20. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post120 City of Greenfield
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award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here.
21. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.
22. Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2021, will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after January 1, 2021, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.
23. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. 121
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Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
24. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConductTrafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.
25. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.
26. Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.
27. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to firsttier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition:
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System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
28. Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards
Consistent with Executive Order 14074, “Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety,” OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient (“subgrantee”) at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the “controlled equipment” list. The details of the requirement are posted on the OJP web site at
https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition:
Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards), and are incorporated by reference here.
29. Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
30. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site 123
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at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.
31. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
Among other items, 28 C.F.R. § 54.140 contains notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.
32. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition:
Reporting Subawards and Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
33. Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).
34. Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is 124
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responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.
35. Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425.
36. Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https://it.ojp.gov/gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended.
37. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.
38. Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.
39. Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R.
Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
40. Confidentiality of data
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The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
41. The award recipient agrees to participate in a data collection process measuring program outputs and outcomes. The data elements for this process will be outlined by the Office of Justice Programs.
42. The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project.
43. Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service:
"This Web site is funded [insert "in part," if applicable] through a grant from the [insert name of OJP component], Office of Justice Programs, U.S. Department of Justice. Neither the U.S.
Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.
44. Any written, visual, or audio publications funded in whole or in part under this award, with the exception of press releases, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities.
45. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds.
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46. The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.
47. Body armor - compliance with NIJ standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/topics/equipment-and-technology/body-armor. In addition, if recipient uses funds under this award to purchase body armor, the recipient is strongly encouraged to have a "mandatory wear" policy in effect. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.
48. The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS.
49. In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment’s protection against unreasonable searches and seizures and the First Amendment’s freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request.
50. "Methods of Administration" - monitoring compliance with civil rights laws and nondiscrimination provisions
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with applicable federal civil rights laws and nondiscrimination provisions. Within 90 days of the date of award acceptance, the recipient must submit to OJP's Office for Civil Rights (at [email protected]) written Methods of Administration ("MOA") for subrecipient monitoring with respect to civil rights requirements. In addition, upon request by OJP (or by another authorized federal agency), the recipient must make associated documentation available for review.
The details of the recipient's obligations related to Methods of Administration are posted on the OJP web site at https://ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm (Award 127
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condition: "Methods of Administration" - Requirements applicable to States (FY 2017 Update)), and are incorporated by reference here.
51. Regarding medication-assisted treatment (MAT), the award recipient understands and agrees to the following: 1) all clients in a BJA-funded drug court have a right to access MAT under the care and prescription of a physician to the extent MAT is clinically indicated; 2) BJA-funded drug courts must not deny any eligible client enrollment to the drug court program because of their use of FDA-approved medications for the treatment of substance abuse; 3) MAT must be permitted to be continued for as long as the prescriber determines that the FDA-approved medication is clinically beneficial; 4) while under no circumstances can a BJA-funded drug court program deny access to MAT under the care and prescription of a physician when it is clinically indicated, a judge retains judicial discretion to mitigate/reduce the risk of abuse, misuse, or diversion of these medications; and 5) federal funds shall not be used to support activities that violate the Controlled Substances Act, 21 U.S.C. 801-904.
52. All BJA-funded adult drug courts must be operated based on the 10 key components for drug courts, which are found in BJA�s and National Association of Drug Court Professional�s (NADCP) publication: Defining Drug Courts: The Key Components at https://www.ncjrs.gov/pdffiles1/bja/205621.pdf. During the grant period of performance, if BJA concludes that a funded drug court is not conforming to the 10 key components, it retains the right to place the award recipient on a corrective action plan to bring the drug court into conformance. Continued failure to maintain conformance to the key components may result in a hold placed on award funds or suspension/termination of the grant award agreement.
53. The recipient understands and agrees to operate any behavioral health crisis care program funded under this award in accordance with the Substance Abuse and Mental Health Services Administration National Guidelines for Behavioral Health Crisis Care:
https://www.samhsa.gov/sites/default/files/national-guidelines-for-behavioral-health-crisis-care02242020.pdf.
54. Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically 128
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sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA.
The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.
55. ubmission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS-relevant "eligible records".
In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition.
56. The recipient understands and agrees that no more than 10 percent of the total amount of this award may be used by the recipient for direct costs associated with administering the award. 129
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57. The recipient may not obligate, expend, or draw down funds for subawards until BJA provides explicit written approval of the proposed subaward. Prior approval for all subawards must be obtained post-award, through the submission and approval of a Grant Award Modification (GAM) through OJP’s JustGrants system.
58. Extreme risk protection programs funded under this award must include, at a minimum: predeprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program.
59. ERPO Certification
Byrne SCIP recipients who plan to use funding to support ERPO programs must submit a principal legal officer signed Certification Relating to Pub. L. No. 90-351, Title I, Sec. 501(a)(1)(I)(iv) (Extreme-Risk Protection-Order Programs), certifying that the extreme risk protection-order program to be funded satisfies each of the listed requirements prior to the use of grant funds for ERPO programs.
60. The recipient understands and agrees that it must form a diverse Crisis Intervention Advisory Board to inform and guide the state’s related gun violence reduction programs/initiatives. The Board must include representatives from law enforcement, the community, courts, prosecution, behavioral health providers, victim services, and legal counsel. The program and budget plans must be developed in coordination with and with demonstrated approval from the Crisis Intervention Advisory Board prior to submission for BJA review, and advisory board approval will also be required for any subsequent changes to the project’s scope or budget.
61. The recipient understands and agrees that it must (1) subaward at least 40% of the award amount to units of local government in order to meet the Local Pass-through, and (2) subaward additional amounts identified by BJA to state courts that provide criminal justice and civil justice services for the “less-than-$10,000 jurisdictions” within the state and/or subaward the funds to 130
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such jurisdictions. Additional details on both of these pass-through requirements is available in the applicable fiscal year's Byrne State Crisis Intervention Program Formula Solicitation.
62. The recipient is authorized to incur obligations, expend, and draw down funds in an amount not to exceed $20,000, for the sole purpose of developing the program and budget plans in coordination with the Crisis Intervention Advisory Board. The recipient is not authorized to incur any additional obligations or make any additional expenditures or drawdowns until (1) the recipient submits program and budget plans that were developed in coordination with and demonstrate evidence of approval by the Crisis Intervention Advisory Board, (2) BJA approves the submission via Grant Award Modification (GAM), and (3) BJA has issued an Award Condition Modification (ACM) releasing this award condition.
63. Limit on use of grant funds for grantees' employees' salaries With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made.
64. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.
65. Withholding - Certification with respect to Federal taxes - award exceeding $5 million (updated Aug. 2017)
The recipient may not obligate, expend, or draw down any funds under this award until it has submitted to the program manager, in a format acceptable to OJP, a formal written certification directed to OJP and executed by an official with authority to sign on behalf of the recipient, that the recipient (unless an exemption applies by operation of law, as described below)-- (1) has 131
City of Greenfield
BSCC 1341-25
EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020
filed all Federal tax returns required for the three tax years immediately preceding the tax year in which the certification is made; (2) has not been convicted of a criminal offense under the Internal Revenue Code of 1986; and (3) has not, more than 90 days prior to this certification, been notified of any unpaid federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding; and until an Award Condition Modification (ACM) has been issued to remove this condition. 132
BSCC Powered by Submittable
Title City of Greenfield
by Joseph Dyels in Byrne State Crisis
Intervention Program (Cohort 2)
599 El Camino Real
Greenfield, California
93927
California
United States
18313245639
[email protected]
04/07/2025
id. 50206416
Original Submission 04/07/2025
Score n/a
The Byrne State Crisis Intervention Program (Byrne SCIP) Grant Application is divided into four sections as identified below: Background Information Contact Information Proposal Narrative and Budget Mandatory Attachments Each section has a series of questions that require a response. Applicants will be prompted to provide written text, select options from a drop down menu, select options from a multiple choice menu, or upload attachments. Questions labeled "required" in red require responses.
Applicants will not be able to submit the Byrne SCIP Grant Application until all questions marked "required" have been completed. Applicants may reference the Byrne SCIP Instruction Packet for background information, key dates, rating factors, and other important information to aid in the completion of the Grant Program Application. The Byrne SCIP Instruction Packet is available on the BSCC website at the Byrne SCIP website .
NOTE: Applicants may start and stop their application but must select "Save Draft" at the bottom of the application before existing.
SECTION 1 -
BACKGROUND
INFORMATION
This section requests information about the project name and location, federal identification, funding requested, and an overview of the project.
Applicant Name City of Greenfield
Applicant's Physical
Address
599 El Camino Real, Greenfield, CA. 93927
Greenfield, CA. 93927
Greenfield
California
93927
US
36.329131
-121.251243
133
Applicant's Mailing
Address (If different
than physical
address)
599 El Camino Real
Mailing Address for
Payment
599 El Camino Real, Greenfield, CA. 93927
Greenfield
California
93927
US
36.329131
-121.251243
Federal Employer ID 94-6000343
Unique Entity
Identifier (UEI)
D7YLG4EQAUK8
Funding Category Small Scope (Up to $500,000)
Lead Public Agency City of Greenfield
Project Title Road to Success
Program Purpose
Areas (PPA)
Applicants are required to apply for the Program Purpose Areas (PPA) and Related Program Activities identified in the Byrne SCIP Instruction Packet (Page 8-10). Three PPAs are identified: PPA 1: Communication, Education, Outreach, and Public Awareness PPA 2: Referrals to Community-based Services for People in Crisis PPA 3: Funding for Law Enforcement Crisis Intervention Programs or Initiatives Applicants are required to address a minimum of one Program Purpose Area and one corresponding Related Program Activity. Applicants are not required to address each PPA or Program Activity.
Communication,
Education, Outreach,
and Public
Awareness (PPA 1)
Referrals to
Community-based
Services for People
in Crisis (PPA 2)
Pre-arrest law enforcement and first responder deflection Funding for Law
Enforcement Crisis
Intervention
Programs or
Initiatives (PPA 3)
Supplies, equipment, technology, and training to safely secure, store, track, and return relinquished guns
134
Proposal Summary The City of Greenfield seeks support for the Road to Success Program, a pre-arrest law enforcement program for youth, a collaboration between the Greenfield Police Department and Sun Street Centers, a local nonprofit.
Funded twice previously by California Violence and Prevention (CalVIP) awards, the Road to Success uses evidence-based programming working with youth -- referred by the Police Department -- and their parents, to prevent escalating violent and drug-related behavior and justice system involvement and to support healthy pro-social behavior. The City also seeks support for the purchase of a large gun locker to assure safe keeping of relinquished guns.
SECTION 2 -
CONTACT
INFORMATION
This section requests contact information for the individuals identified as the Project Director, Financial Officer, Day-to-Day Project Contact, Day-toDay Fiscal Contact, and the Authorized Officer for Signature.
Project Director Joseph
Dyels
Project Director's
Title with
Agency/Department/Organization
Police Office City of Greenfield Police Department
Project Director's
Physical Address
599 El Camino Real, Greenfield, CA. 93927
Greenfield
California
93927
US
36.329131
-121.251243
Project Director's
Email Address
[email protected]
Project Director's
Phone Number
+18313245639
Financial Officer Paul
Wood
Financial Officer's
Title with
Agency/Department/Organization
City Manager
Financial Officer's
Physical Address
599 El Camino Real, Greenfield, CA. 93927
Greenfield
California
93927
US
36.329131
-121.251243
Financial Officer's
Email Address
[email protected]
135
Financial Officer's
Phone Number
+18316745591
Day-To-Day Program
Contact
Denise
Velasquez
Day-To-Day Program
Contact's Title with
Agency/Department/Organization
Program Manager, Road to Success Program, Sun Street Centers Day-To-Day Program
Contact's Physical
Address
157 Kidder Street
Suite C
Soledad
California
93960
US
36.426533
-121.326836
Day-To-Day Program
Contact's Email
Address
[email protected]
Day-To-Day Program
Contact's Phone
Number
+18312561709
Day-To-Day Fiscal
Contact
Viri
Villanueva
Day-To-Day Fiscal
Contact's Title with
Agency/Department/Organization
Finance Technician, City of Greenfield
Day-To-Day Fiscal
Contact's Physical
Address
599 El Camino Real, Greenfield, CA. 93927
Greenfield
California
93927
US
36.329131
-121.251243
Day-To-Day Fiscal
Contact's Email
Address
[email protected]
Day-To-Day Fiscal
Contact's Phone
Number
+18316745591
Name of Authorized
Officer*
Guillermo
Mixer
136
Authorized Officer's
Title with
Agency/Department/Organization
Chief of Police, Greenfield Police Department
Authorized Officer's
Physical Address
599 El Camino Real, Greenfield, CA. 93927
Greenfield
California
93927
US
36.329131
-121.251243
Authorized Officer's
Email Address
[email protected]
Authorized Officer's
Phone Number
+18316745111
Authorized Officer
Assurances
checked
SECTION 3 -
PROPOSAL
NARRATIVE AND
BUDGET
This section requests responses to the Rating Factors identified in the the Byrne SCIP Instruction Packet.
137
Proposal Narrative
Instructions
The Proposal Narrative must address the Project Need, Project Description, Project Organizational Capacity and Coordination, and Project Evaluation and Monitoring Rating Factors as described in the Byrne SCIP Grant Instruction Packet (refer to pages 20-25). A separate narrative response is required for each Rating Factor as described below: The Project Need narrative may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Description narrative may not exceed 8,948 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately four (4) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Organizational Capacity and Coordination narrative may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Data Collection and Evaluation narrative may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. A character counter is automatically enabled that shows the number of characters used and the remaining number of characters before the limit for each response is met. If the character limit is exceeded, a red prompt will appear with the message "You have exceeded the character limit." Applicants will be prohibited from submitting the Byrne SCIP Grant Application until they comply with the character limit requirements. NOTE: It is up to the applicant to determine how to use the total word limit in addressing each section. However as a guide, the percent of total point value for each section is provided in the Byrne SCIP Instruction Packet (refer to page 22).
Project Need 1.1 -- Statement of Need
The City of Greenfield, a rural predominantly Latino city (92%) with high poverty (25% below poverty level) has grappled with youth gang-related gun violence for over 25 years. While partly attributable to the region’s poverty, rural nature, lack of job opportunities and after-school programs for youth, gang territory plays a larger role here than in other areas of the state. Greenfield is located near the dividing line between Norteño and Sureño territories. Greenfield to the north is largely affiliated with Norteños, while King City, 15 miles to the south, is aligned with Sureños. This area has been the scene of repeated shootings—often drive-by incidents resulting in multiple fatalities—perpetrated by individuals crossing from one city into the other. Youth are often involved in these shootings as older gang members know that youth are protected from long criminal sentences and use them to achieve gang-related goals. And youth in Greenfield are more likely to carry guns to school than in other parts of the state.
According to the 2019 California Healthy Kids Survey, 1.9% of Greenfield High School 9th graders reported carrying a gun to school four or more times, exceeding the statewide average of 0.7%. For 11th graders, 2% reported carrying a gun to school four or more times, above the 0.9% state average.
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To address youth gang-related gun violence and to support the Greenfield Police Department's safe management of relinquished guns, including larger guns that cannot fit in the existing gun locker, the City of Greenfield seeks support under PPA 2 for the Road to Success diversion program, and under PPA 3 for a large gun locker.
1.2 Contributing Conditions
The youth gun violence challenge in the City of Greenfield is exacerbated by rural mental health service gaps and geographic challenges. Few nearby mental health resources exist, creating long wait times or requiring youth to travel over 35 miles to the county seat for basic services. Agricultural work dominates the local economy; many families live near or below the poverty line, limiting access to consistent transportation, and leaving youth unsupervised during long work days. Schools in the region—lacking robust after-school alternatives—cannot offer structured activities to counteract social isolation. Further, the Norteño–Sureño divide fosters intercity conflict and complicates standard law-enforcement approaches. These factors combine to create environments in which gun and gang violence can thrive.
1.3 Supporting Data
According to the City of Greenfield’s CalVIP Local Evaluation Report, the City’s youth experience high unemployment rates, overcrowded housing, and significant language barriers to success. California Healthy Kids Survey data showed higher-than-average rates of students carrying guns to school compared to the state average and between 2012 and 2017, Greenfield had the Salinas Valley’s highest number of murders, with incidents often tied to ongoing gang disputes. These realities reflect a persistent violence trend that disproportionately affects Latino youth, who represent approximately 92% of Greenfield’s population.
1.4 Justification for Grant Funds
The Road to Success program’s recent local evaluation documented that 79% of pre-diversion youth avoided new offenses for 12 months after exit —a strong indicator that intervention and prevention strategies can work to change outcomes for vulnerable youth. The Road to Success was launched in 2015 with a CalVIP grant. When that funding ended, local contributions from the City sustained the program, and later, Greenfield secured a second CalVIP grant. The second grant ended in mid-2023. A scaled-down version of the program has been operating with City and Sun Street Services in-kind support since then. Byrne SCIP funding would expand and extend this successful police/community collaboration in its work to reduce gun violence and gang initiation among youth in Greenfield.
These activities align with the Byrne SCIP Purpose Areas by supporting effective violence prevention, diversion, and intervention efforts that are tailored to a high-need, rural population. By funding Road to Success, the program can continue diverting youth from the justice system and supporting pro-social development to reduce future gang involvement and gun violence.
Project Description 2.1 Project Summary
The Road to Success is a pre-diversion program for at-risk youth referred to the program by the Greenfield Police Department. This 3 to 6 month 139
intervention program seeks to prevent school expulsion and/or entry into the juvenile justice system by offering youth individualized diversion plans that include substance abuse intervention and education, participation in pro-social activities, mentorship, individual and/or family counseling, parent workshops, and community service hours. Individual diversion plans are developed in collaboration with the youth, their parents and a case management specialist with the goal of offering a path to success through education, employment, community involvement, the evidence-based WhyTry Program and Life Skills Training, and counseling. All services are offered in English and Spanish and staff is fully bilingual to serve the majority monolingual Spanish-speaking parent population.
The program includes:
• Assessment of individual youth participant needs, warm referrals to outside agencies, individual counseling, & recreational activities. • Evidence-based training (the WhyTry Program) a strengths-based approach to helping youth overcome their challenges and improve outcomes in the areas of truancy, behavior, and academics one-on-one with their Case Manager.
• Close communication with teachers and school administrators regarding attendance and grades.
• Community service requirement: individual case plans require youth to become involved in their community by completing community service hours at local agencies/organizations. Hours are completed by volunteering at local churches, elementary and middle schools, city/county libraries, businesses such as beauty salons and barber shops, through Sun Street Centers Safe Teen Empowerment Project youth program or through community clean-ups at parks or beaches.
For each youth admitted into the program, one parent must complete 8 hours of parent education through the evidence-based Dr. Botvin’s Life Skills Training Program.
Project Components and Associated PPAs
The City of Greenfield seeks support for the Road to Success program, its youth diversion program under PPA 2: Referrals to Community-based Services for People in Crisis, specifically "Pre-arrest law enforcement and first responder deflection" and support for the Greenfield Police Department to purchase a large gun locker under PPA 3: Funding for Law Enforcement Crisis Intervention Programs or Initiatives, specifically "Supplies, equipment . . . to safely secure, store, track and return relinquished guns".
Target Area and Rationale
The target area is the City of Greenfield. Greenfield sits at the intersection of Norteño and Sureño gang affiliated territories; historically, this has fueled intercity violence. The program specifically targets youth ages 13– 17 in Greenfield’s highest-risk neighborhoods. Selection is driven by ongoing collaboration with local law enforcement who refer participants to the program. The gun locker is requested to increase the capacity of the Greenfield Police Department to provide for safe keeping of larger guns that may be confiscated in the region.
Number of Participants and Referral Process
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Road to Success will serve at least 60 new youth participants annually, 120 during the grant period. Participants will be identified and referred by the Greenfield Police Department.
Addressing Disparities, Violence, and Recidivism
Latino youth in Greenfield face disproportionate gang recruitment and involvement in gun violence. Culturally competent outreach—delivered in Spanish and English—focuses on bridging trust gaps between law enforcement, service providers, and families. Staff of the program are bilingual, with knowledge and experience working with Latino youth and families and have a proven track record of successfully addressing the risk factors of youth in Greenfield to mitigate future involvement in gun violence and the justice system.
Addressing trauma-informed, culturally competent and mental health needs to reduce system involvement
The Road to Success has been designed to be trauma-informed, culturally competent and responsive to the needs of Latino youth at risk for gun violence in Greenfield. The decade of experience and success of the program has demonstrated that it successfully prioritizes mental health support to reduce justice system involvement.
2.3 Project Participants
The program specifically targets youth ages 13–17. Selection is by referral from the Greenfield Police Department, by Police Officers who liaise with the program and schools. The program has been actively serving this population for 10 years. There is a demand for the services of Road to Success and we anticipate no barriers to accessing or serving youth in the future.
2.4 Rationale and Evidence
The Road to Success relies on established evidence-based interventions for both youth and parents and is also has been demonstrated effective in reducing recidivism by prior evaluation under CalVIP funding.
The Road to Success relies on two evidence-based curricular programs:
(1) WhyTry for the youth and (2) Dr. Botvin's Life Skills Training for parents.
The WhyTry intervention is a resilience education and social-emotional learning (SEL) program designed for youth. It uses visual metaphors, hands-on activities, music, and reflective exercises to help participants develop critical social, emotional, and academic skills. Core Elements of WhyTry include:
• Visual Metaphors: The WhyTry curriculum introduces concepts (e.g., decision-making, motivation, goal-setting) through engaging images that illustrate real-life scenarios youth may face.
• Multi-Sensory Components: Lessons combine art, music, and physical activities to reach a wide range of learning styles.
• SEL Skill-Building: Participants practice skills such as self-regulation, resilience, and social awareness through group discussions and personal reflection.
• Flexible Implementation: Programs can adapt WhyTry for different age 141
groups, risk levels, and implementation settings.
WhyTry has been demonstrated successful at achieving:
• Improved Student Engagement & Motivation: Youth often show heightened interest in school activities and increased intrinsic motivation to learn.
• Reductions in Negative Behaviors: Sites using WhyTry report fewer disciplinary incidents, improvements in emotional regulation, and lower dropout or truancy rates.
• Enhanced Resilience & SEL Skills: Participants gain better coping strategies, self-confidence, and problem-solving abilities—attributes associated with long-term academic and behavioral benefits.
For each youth admitted into the program, one parent must complete 8+ hours of parent education: Dr. Botvin’s Life Skills Training Program. This is an evidence-based, skills-building curriculum endorsed by the Office of Juvenile Justice and Delinquency Prevention (OJJDP). It targets risk factors that contribute to youth substance use, delinquency, and violence by teaching:
• Self-management skills (e.g., goal-setting, stress management) • Social skills (e.g., communication, conflict resolution) • Drug resistance techniques
Dr. Botvin’s Life Skills Training Program has been proven effective at achieving:
• Reduced Youth Substance Use: 50–75% less tobacco, alcohol, and marijuana use; effects persist years later.
• Reduced Violence and Risk Behaviors: Up to 50% decrease in aggression, fighting, and delinquency.
Experiential Evidence of Success
The Road to Success has been operating for 10 years. Since 2021 (postCOVID), and with fluctuating financial support, the program has provided diversion and early intervention services to 76 referred youth in Greenfield, of which 68 actively engaged in services and 52 successfully completed the program, the vast majority of whom are Latino, with many from Indigenous Oaxacan backgrounds.
According to program data and the Local Evaluation Report:
• 79% of first-time offenders did not reoffend within 12 months of program exit.
• 38% of probation-involved youth avoided new offenses within 12 months post-program.
• Across all participants served since FY21-22, only 3 youth reoffended, yielding a reoffense rate of 4.4% based on active participants (68 total) in that timeframe.
These data demonstrate substantial success compared to statewide recidivism rates, which hover around 55% to 75% over 1-3 years.
In terms of family engagement outcomes, the program is demonstrably successful:
• 67% of parents participated in the Dr. Botvin's Life Skills Training 142
Program
• 78% of those parents completed the curriculum and received certificates • 100% of parents surveyed said they would recommend the program to others
• Most youth and parents reported improved family communication and relationships
Project
Organizational
Capacity and
Coordination
The City of Greenfield and Greenfield Police Department have demonstrated organizational capacity to administer the Road to Success.
Essential staffing is already in place, including city staff overseeing fiscal management and compliance, and the Police Chief and Officers including School Resource Officers, who will provide coordination and referral services with partner entities. Existing personnel all have prior experience managing state-funded projects, ensuring the project will be implemented as intended.
Sun Street Centers has 10 years' experience conducting Road to Success, in addition to over 50 years of organizational experience and accreditation by the State Commission on Accreditation of Rehabilitation Services providing substance abuse prevention and other social services to over 11,000 individuals annually. Staff members, including a dedicated Program Manager and Case Management Specialists, hold advanced qualifications in criminal justice, social sciences, family relations, and psychology, and have effectively managed multiple BSCC-funded projects.
The Greenfield Police Department and Sun Street Centers have previously collaborated effectively on the Road to Success Program under two CalVIP grants funded by the BSCC. The Police Department ensures timely referrals and oversight, while Sun Street Centers provides comprehensive case management, counseling, and family engagement services.
Upon funding, the City will quickly formalize existing partnerships through renewed contracts and memoranda of understanding within one month, and Sun Street Centers will update and refresh program materials. The evaluator will meet with the Road to Success team to begin developing the Local Evaluation Plan and shortly thereafter services will begin.
The project’s management structure includes clear roles and responsibilities, with the City Manager responsible for oversight and compliance, the Police Chief managing operational coordination and referral processes, and Sun Street Centers' Program Manager supervising daily case management and service delivery. Decisions regarding the program are made collaboratively amongst stakeholders, including representatives from the Police Department, Sun Street Centers, local schools and community leaders, ensuring a responsive and communityintegrated approach to youth intervention.
Project Data
Collection and
Evaluation
4.1 Program Evaluation Approach
The Road to Success program will be evaluated by Social Policy Research Associates (SPRA), an evaluation firm with extensive experience in juvenile justice, particularly in assessing diversion and prevention initiatives, and the same evaluator who provided services for the Road to 143
Success program under prior BSCC funding, CalVIP, which is therefore already familiar with the program, the staff and setting.
A Local Evaluation Plan (LEP) will be collaboratively developed by the evaluator in coordination with Sun Street Centers staff prior to program implementation. This partnership will ensure accurate representation and detailed descriptions of program elements. The LEP will clearly outline the methods for collecting, managing, analyzing, and reporting data aligned with the program’s goals and objectives, guiding all evaluation activities.
Monitoring and evaluation processes will be integrated into each phase of the project—startup (referral and enrollment), implementation (fidelity to service delivery), and ongoing service delivery (participant engagement, progress, and completion).
We have allocated $50,000 for evaluation activities, based on an estimate provided by SPRA, who previously evaluated the Road to Success program under CalVIP. SPRA’s familiarity with the program, staff, and drafting of Local Evaluation Reports (LERs) positions them well to perform this role effectively.
Evaluation activities will include qualitative research, specifically interviews conducted with Sun Street Centers staff, city personnel, and potentially program participants. This qualitative component will enrich the understanding of program elements, highlight overall successes and challenges, and inform communication and reporting efforts. SPRA and Sun Street Centers will jointly refine qualitative research plans, including budget considerations and detailed program model discussions, to ensure comprehensive data collection.
4.2 Data Collection Elements
Evaluation activities will encompass both quantitative and qualitative data collection to measure program outcomes and guide ongoing improvements.
Key data elements include:
• Participant demographics: age, gender, ethnicity, education level • Program metrics: enrollment, completion, and attrition rates • Educational outcomes: school attendance, behavioral incidents • Family engagement: rates of family involvement in services • Qualitative insights: participant satisfaction surveys, feedback from caregivers, staff interviews, and community stakeholder input Additionally, SPRA will review and synthesize existing outcomes data from past participants to strengthen the evaluation’s robustness and inform conclusions on program effectiveness. These combined data points will directly align with stated project goals and objectives and support compliance with LEP, LER, and PMT reporting requirements.
4.3 Data Collection and Management Systems
Case Management Specialists, under the supervision of the Program Manager, will systematically and regularly collect data. All interactions, activities, and outcomes will be securely documented in a centralized database designed to streamline reporting processes for internal stakeholders and external evaluators.
144
Sun Street Centers will establish formal data-sharing agreements with Greenfield Police Department as required to safeguard sensitive information, ensuring full compliance with confidentiality laws and ethical standards. This robust data management infrastructure will facilitate the timely and accurate submission of quarterly data to the federal PMT system and support the comprehensive development of the final Local Evaluation Report, which SPRA will draft upon conclusion of the grant term.
Budget Instructions Applicants are required to submit a Proposal Budget and Budget Narrative (Attachment A). Upon submission, the Budget Attachment will become Section 5: Proposal Budget (Budget Tables and Narrative) making up part of the official proposal. The Budget Attachment must be filled out completely and accurately. Applicants are solely responsible for the accuracy and completeness of the information entered in the Budget Tables and Narrative. The grant budget must cover the entire grant period.
Funding information is available on pages 11-12 a of the Byrne SCIP Instruction Packet. For additional guidance related to grant budgets, refer to the BSCC Grant Administration Guide. The Budget Attachment is provided as a stand-alone document on the BSCC website at the Byrne SCIP website. (Please do not use the sample template in the Byrne SCIP RFP Instruction Packet, which is provided on pages 52-58 for reference only.)
Byrne SCIP Budget and Budget Narrative (Attachment A)
ATTACHMENT_A_--_BUDGET_FOR_SUBMISSION.xlsx
OPTIONAL:
Bibliography
California Department of Education & WestEd. (2019). California Healthy Kids Survey, 2018–19. WestEd. https://calschls.org
City of Greenfield’s CalVIP Local Evaluation Report, available upon request
WhyTry Program Inc. (n.d.). WhyTry: A curriculum for building resilience and promoting academic engagement in at risk youth [Program manual].
Retrieved from http://www.whytryprogram.org/
Botvin, G. J. (2006). LifeSkills Training parent program leader’s guide.
White Plains, NY: Princeton Health Press.
SECTION 4 -
MANDATORY
ATTACHMENTS
This section lists the attachments that are required at the time of submission. Project Work Plan (Attachment B) Criteria and Assurance for NGOs that Receive BSCC Grant Funds as a Subcontractor (Attachment C) Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Attachment D) Governing Board Resolution or Other Proof of Signing Authority – (not required at time of submission; however, must be submitted if awarded grant funds.) (Attachment E) Project Work Plan (Attachment B)
ATTACHMENT_B_Workplan.docx
Criteria and Assurance for NGOs that Receive BSCC Grant Funds as a Subcontractor (Attachment C)
Attachment_C.pdf
145
Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Attachment D)
Attachment_D.pdf
OPTIONAL:
Governing Board
Resolution or Other
Proof of Signing
Authority (Attachment
E)
CONFIDENTIALITY
NOTICE:
All documents submitted as a part of the Byrne State Crisis Intervention Grant proposal are public documents and may be subject to a request pursuant to the California Public Records Act. The BSCC cannot ensure the confidentiality of any information submitted in or with this proposal. (Gov. Code, § 6250 et seq.)
146
Byrne SCIP Request for Proposals Part III Page 56
Attachment C: Criteria and Assurance for Non-Governmental Organizations that Receive BSCC Grant Funds as a Subcontractor
Required Attachment: Applicants will be prompted to upload this document from the BSCC Byrne SCIP website to the BSCC Submittable Application Portal.
The Byrne SCIP RFP includes requirements that apply to non-governmental organizations that receive BSCC grant funds as subcontractors. Grantees are responsible for ensuring that all subcontracted third parties continually meet these requirements as a condition of receiving any Byrne SCIP funds. The RFP describes these requirements as follows:
Any non-governmental organization that receives Byrne SCIP funds must:
x Have been duly organized, in existence, and in good standing at least six (6) months prior to the start date of the applicant’s Grant Agreement with BSCC.
Note: Non-governmental organizations that have recently reorganized or have merged with other qualified non-governmental organizations that were in existence prior to the six (6) month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the applicant’s Grant Agreement with BSCC.
x Be registered with the California Secretary of State’s Office, if applicable. x Have a valid business license, Employer Identification Number (EIN), and/or Taxpayer ID (if sole proprietorship).
x Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable.
In the table below, provide the name of the Grantee and list all subcontracted third parties.
Name of Grantee:
See next page for signature block.
Name of Subcontracted Third
Party Address Email / Phone Meets All Requirements
Yes տ No տ
Yes տ No տ
Yes տ No տ
Yes տ No տ
Sun Street Centers 11 Peach Drive
Salinas, CA 93901
831.753.5144 ext. 2 X
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Byrne SCIP Request for Proposals Part III Page 57
Grantees are required to update this list and submit it to BSCC any time a new third-party subcontract is executed after the initial assurance date. Grantees shall retain (on-site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the Byrne SCIP RFP. These records will be subject to the records and retention language found in Appendices A and C of the Standard Agreement.
The BSCC will not reimburse for costs incurred by any third party that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.
A signature below is an assurance that all requirements listed above have been met.
AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)
NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER EMAIL ADDRESS
STREET ADDRESS CITY STATE ZIP CODE
APPLICANT’S SIGNATURE (verified e-signature is acceptable) DATE x
Guillermo Mixer Chief of Police (831) 674-5111 [email protected] 599 El Camino Real Greenfield CA 93927
April 2, 2025
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Byrne SCIP Request for Proposals Part III Page 58
Attachment D: Certification of Compliance with BSCC Policies Regarding Debarment, Fraud, Theft, and Embezzlement
Required Attachment: Applicants will be prompted to upload this document from the BSCC Byrne SCIP website to the BSCC Submittable Application Portal.
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to applicants that have been:
1. debarred by any federal, state, or local government entities during the period of debarment; or
2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.
Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state, or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.
BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.
By checking the following boxes and signing below, applicant affirms that:
[ ] I/We are not currently debarred by any federal, state, or local entity from applying for or receiving federal, state, or local grant funds.
[ ] I/We have not been convicted of any crime involving theft, fraud, or embezzlement of federal, state, or local grant funds within the last three years. We will notify the BSCC should such debarment or conviction occur during the term of the Grant contract. [ ] I/We will hold subcontractors to these same requirements.
A grantee may make a request in writing to the Executive Director of the BSCC for an exception to the debarment policy. Any determination made by the Executive Director shall be made in writing.
AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)
NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER EMAIL ADDRESS
STREET ADDRESS CITY STATE ZIP CODE
APPLICANT’S SIGNATURE (verified e-signature is acceptable) DATE X
Guillermo Mixer Chief of Police (831) 674-5111 [email protected] 599 El Camino Real Greenfield CA 93927
April 2, 2025
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Grantee
BSCC 1341-25
APPENDIX A: BYRNE SCIP ADVISORY BOARD ROSTER
Name Title Organization/Agency
1 Linda Penner (Chair) Chair Board of State and Community Corrections
2 Juan Avila Chief Operating Officer
(Victim Services) Garden Pathways
3 Norma Cumpian Director, Women’s Department
(Community)
Anti-Recidivism Coalition
4 Brenda Grealish
Executive Officer, Council on
Criminal Justice and Behavioral
Health (Behavioral Health)
California Department of Corrections
and Rehabilitation
5 Kirk Haynes Chief Probation Officer
(Law Enforcement
Fresno County
6 Jason Johnson
Director, Division of Adult
Parole Operations
(Law Enforcement)
California Department of Corrections
and Rehabilitation
7 Jeffrey Macomber Secretary
(Law Enforcement) California Department of Corrections
and Rehabilitation
8 Nancy O’Malley District Attorney (Retired)
(Prosecution)
Alameda County
9 Alan Slater Chief Executive (Retired)
(Courts) Orange County Superior Court
10 Eric Taylor
Sheriff-Coroner (Law
Enforcement) San Benito County
11 Eloisa Tuitama
Staff Counsel
(Legal Counsel)
Board of State and Community
Corrections
12 Angeles D. Zaragoza
Attorney, Deputy Executive
Director, Youth Programs
(Community)
Los Angeles Room and Board
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City of Greenfield
BSCC 1341-25
APPENDIX B: Criteria for Non-Governmental Organizations Receiving BSCC Subawards Required Attachment: Applicants will be prompted to upload this document from the BSCC Byrne SCIP website to the BSCC Submittable Application Portal.
The Byrne SCIP RFP includes requirements that apply to non-governmental organizations that receive BSCC grant funds as subcontractors. Grantees are responsible for ensuring that all subcontracted third parties continually meet these requirements as a condition of receiving any Byrne SCIP funds. The RFP describes these requirements as follows:
Any non-governmental organization that receives Byrne SCIP funds must:
• Have been duly organized, in existence, and in good standing at least six (6) months prior to the start date of the applicant’s Grant Agreement with BSCC.
Note: Non-governmental organizations that have recently reorganized or have merged with other qualified non-governmental organizations that were in existence prior to the six (6) month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the applicant’s Grant Agreement with BSCC. • Be registered with the California Secretary of State’s Office, if applicable. • Have a valid business license, Employer Identification Number (EIN), and/or Taxpayer ID (if sole proprietorship).
• Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable.
In the table below, provide the name of the Grantee and list all subcontracted third parties.
Name of Grantee:
Name of Subcontracted Third
Party Address Email / Phone Meets All Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
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City of Greenfield
BSCC 1341-25
APPENDIX B: Criteria for Non-Governmental Organizations Receiving BSCC Subawards See next page for signature block
Grantees are required to update this list and submit it to BSCC any time a new thirdparty subcontract is executed after the initial assurance date. Grantees shall retain (onsite) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the Byrne SCIP RFP. These records will be subject to the records and retention language found in Appendices A and C of the Standard Agreement.
The BSCC will not reimburse for costs incurred by any third party that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.
A signature below is an assurance that all requirements listed above have been met.
AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)
NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER EMAIL ADDRESS
STREET ADDRESS CITY STATE ZIP CODE
APPLICANT’S SIGNATURE (verified e-signature is acceptable) DATE x
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DATE: October 6, 2025
AGENDA DATE: October 14, 2025
TO: Mayor and City Council
PREPARED BY: Jamie Tugel, Public Works Director
Douglas Pike, P.E. City Engineer
TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GREENFIELD AUTHORIZING A SUBDIVISION
IMPROVEMENT AGREEMENT WITH POPPY RE, LLC, THE
OWNERS OF THE 802 EL CAMINO REAL COMMERCIAL
DEVELOPMENT FOR PUBLIC IMPROVEMENTS NECESSARY
TO FACILITATE ACCEPTANCE OF STREET AND LANDSCAPE
EASEMENTS.
BACKGROUND
The fueling station and convenience market development project commonly referred to as Poppy Market (the “Development”) is located on/at 802 EL CAMINO REAL in the City of Greenfield, County of Monterey, State of California (APN(s) 109-141-004). The Developer, Poppy RE, LLC, is working cooperatively with the City to complete and record a Final Map which includes public improvements. These improvements are proposed to be annexed into Special Maintenance Districts established by the City and accepted by the City for performance of on-going maintenance. This annexation is required to occur prior to occupancy.
The purpose of this staff report is to recommend that the Council approve a Subdivision Improvement Agreement with the developer that assures the facilities proposed to be built and assumed for maintenance by Special maintenance Assessment District are improved according to reviewed and accepted permitted plans prior to the first occupancy of an approved residential structure in the subdivision.
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BUDGET AND FINANCIAL IMPACT:
Currently, there are no budget or financial impacts as part of the approval of this proposed agreement. Costs and fees are being borne by the developer.
REVIEWED AND RECOMMENDED:
The City Public Works Director and City Engineer recommend the City Council approve the proposed Subdivision Improvement Agreement and.
PROPOSED MOTION
I MOVE TO ADOPT RESOLUTION 2025-88, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF GREENFIELD AUTHORIZING A SUBDIVISION IMPROVEMENT WITH POPPY RE, LLC, THE OWNERS OF THE 802 EL CAMINO
REAL COMMERCIAL DEVELOPMENT FOR PUBLIC IMPROVEMENTS
NECESSARY TO FACILITATE ACCEPTANCE OF STREET AND LANDSCAPE EASEMENTS.
154
RESOLUTION NO. 2025-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD AUTHORIZING
A SUBDIVISION IMPROVEMENT AGREEMENT WITH POPPY RE, LLC, THE OWNERS OF THE 802 EL CAMINO REAL COMMERCIAL DEVELOPMENT FOR PUBLIC
IMPROVEMENTS NECESSARY TO FACILITATE ACCEPTANCE OF STREET AND
LANDSCAPE EASEMENTS
WHEREAS, Poppy Markets (the “Development”) is located on/at 802 EL CAMINO REAL in the City of Greenfield, County of Monterey, State of California (APN(s) 109-141-004). The Developer, Poppy RE, LLC, is working cooperatively with the City to complete and record a Final Map which includes public improvements; and,
WHEREAS, These improvements are proposed to be annexed into Special Maintenance Districts established by the City and shall, upon satisfactory completion be accepted by the City for performance of on-going maintenance.; and,
.
WHEREAS, Staff has prepared a Public Improvement Agreement assuring that the facilities proposed to be built and assumed for maintenance by Special Maintenance Assessment District are improved according to reviewed and accepted permitted plans prior to the first occupancy of an approved residential structure in the subdivision and,
WHEREAS, said Public Improvement Agreement will be finalized and executed by the City Manager prior to staff issuing a Grading Permit which shall include construction of public improvements, with acceptance of work to be completed prior to occupancy of the first residential unit to be developed.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of Greenfield approve the following actions:
1. Approve the Public Improvement Agreement (Development Agreement) and authorize the City Manager to execute said Agreement in substantially the same form as those attached hereto, with minor changes as may be prudent, to facilitate execution of a final agreement; and
2. Direct staff to condition the building permit to require all work indicated in this Subdivision Improvement Agreement be completed prior to occupancy of the facility to be developed.
PASSED AND ADOPTED by the City Council of the City of Greenfield at a regular meeting duly held on the 14th day of October, 2025 by the following vote:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
_________________________________
Mayor of the City of Greenfield
Attest:
_____________________________________
City Clerk of the City of Greenfield
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1 Recorded by and for the benefit of,
and When Recorded Mail to:
City of Greenfield
Attn: City Clerk
599 El Camino Real
Greenfield, CA 93927
Exempt from recording fees – Gov. Code Section 27383 SPACE ABOVE THIS LINE FOR RECORDER’S USE
PUBLIC IMPROVEMENT AGREEMENT
This Public Improvement Agreement (“Agreement”) is made and entered into effective on __________________, 2025 (“Effective Date”), by and between the City of Greenfield, a California municipal corporation and general law city, hereinafter referred to as “City”, and Poppy RE, LLC, a California Limited Liability Corporation, hereinafter referred to as “Developer”.
RECITALS
WHEREAS, Developer is the owner of that certain fueling station and market development project commonly referred to as Poppy Market (the “Development”) located on/at 802 El Camino Real in the City of Greenfield, County of Monterey, State of California (APN(s) 109-141-004); WHEREAS, on January 3, 2023, the City approved a Tentative Parcel Map for the Development, and on or about October 14, Final Map was approved, which Map is hereby incorporated herein;
WHEREAS, the City requires, as a condition precedent to the acceptance and approval of a final map, the dedication of such rights of way for streets, public places, and easements, and deems the same as necessary for the public use, and also requires that any and all rights of way for streets, public places, and easements delineated and shown on said final map shall be improved by the construction and the installation of the improvements hereinafter specified; WHEREAS, Section 16.24.040 of the Greenfield Municipal Code allows, as a condition to City’s approval of the final map, for the City to require Developer to enter into an improvement agreement which provides for the Developer to complete improvements; and NOW, THEREFORE, in consideration of the foregoing recitals which are a substantive part of this Agreement, Developer and the City do hereby mutually agree as follows:
AGREEMENT
1. Developer shall, at its own cost and expense, construct all of the improvements, furnish all the materials and do all the work set forth in this Agreement, all in accordance with the Standard Specifications of the City, the Conditions of Approval for the Development, and in accordance with and to the extent provided in those certain plans entitled “802 EL CAMINO REAL GREENFIELD IMPROVEMENT PLANS” prepared by CWE Corp., approved by the City Engineer and now on file in the office of the said City Engineer (the “Plans”), to which Plans reference is hereby made, and the same are hereby adopted and incorporated herein as if fully set forth herein verbatim, and in compliance with the provisions of Title 16 of the Municipal Code relating to regulations and standards 156
2 for the subdivision of land in said City and for the preparation and presentation of subdivision maps therefor and in accordance with the listed items set forth on the Draft Bonds dated October 2, 2025 attached hereto and made a part hereof as Exhibit “A”. Developer hereby agrees that the improvements required to be installed as set forth herein are necessary and will materially benefit the property within the City, and Developer further agrees to complete the same no later than one (1) year from the Effective Date of this Agreement. The Developer shall provide the improvements subject to review and approval of the City of Greenfield.
2. Any work required under this Agreement and not mentioned in the above-described Plans and specifications shall be constructed in accordance with the Standard Specifications of the City of Greenfield and the Conditions of Approval for the Development. All of said work, improvements and materials shall be completed, performed and installed under the supervision of and to the satisfaction of the City Engineer of the City of Greenfield.
3. Prior to the approval of said final map by the City Council, and as a condition precedent to the recordation thereof, and in order to secure for the City the faithful performance by Developer of all work and the construction of all improvements mentioned in this Agreement, within the time herein specified, Developer shall provide security pursuant to Government Code section 66499 by deposit with a responsible escrow agent or trust company for offsite improvements associated with the work authorized by Encroachment Permit No. 25034 in the minimum sum of eight hundred eighty-six thousand seven hundred four Dollars ($886,704.00), AND the work authorized by Grading Permit No. 25028 in the minimum sum of four hundred eighty-six thousand eighty-two Dollars ($486,082.00) thereby securing the faithful performance of all work and the construction of all improvements herein mentioned in this Agreement within the time specified and the payment by Developer of all bills for labor, work and materials incurred in the construction of all said improvements.
4. The Developer shall protect, indemnify, and hold harmless the City of Greenfield, its officers, employees and volunteers thereof from any and all liability or claims (in contract, tort, strict liability or otherwise, including but not limited to personal injury, death at any time or property damage), because of or arising out of Developer's performance of this Agreement, or out of, any accident, occurrence, loss, damage or happening occurring upon or arising out of the construction of any of the improvements herein or the use by any person of any patent or patented articles in the construction of said work or improvements. The forgoing obligations shall survive completion or termination of this Agreement. The Developer agrees that the use of any and all streets and improvements herein above specified shall be, at all times prior to the final acceptance of said improvements by the City Council, the sole and exclusive risk of the Developer. The issuance of any occupancy permits by City for dwellings located within the said subdivision shall not be construed in any manner to be an acceptance and approval of any or all of said streets and/or improvements in said subdivision.
5. Developer, before commencing work pursuant to this Agreement, shall obtain and maintain in full force and effect during the performance of the work at his own expense and risk, policies of insurance as follows and shall furnish evidence of such insurance by filing a certificate of insurance with the City Clerk. Such insurance shall contain the minimum limits as follows:
A. General Liability. $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
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3 B. Automobile Liability. $1,000,000 combined single limit per accident for bodily injury and property damage.
C. Worker's Compensation and Employer's Liability. Worker's compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident.
D. All Coverages: Each insurance policy required by this clause shall be issued by a corporate insurer authorized to do insurance business in California and shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Such notice requirement shall not contain "shall endeavor", "best efforts" or similar qualifiers.
E. Verification of Coverage. Developer shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If such insurance is provided in either case by a policy or certificate which covers the Developer or other entity or person than the City of Greenfield, such policy shall contain the standard form of cross liability endorsement. Such insurance shall also specifically insure contractual liability assumed by Developer under the terms of this agreement.
6. Time is of the essence of this Agreement; provided, however, that in the event good cause is shown therefor to the City by Developer, City may extend the time in which the aforementioned improvements may be made and completed under this agreement. Said extensions of time, if any, shall not relieve the security deposited with the City given to secure Developer's performance under this agreement. City shall be the sole and final judge as to whether or not good cause has been shown to entitle Developer to an extension of time hereunder.
7. All pipes and monuments which are destroyed or displaced during construction operations shall be replaced by Developer by the time of the final inspection of the improvements hereunder by the City.
8. Title and ownership of any improvements constructed hereunder by Developer shall vest absolutely in City upon completion and formal acceptance of such improvements by the City Council.
9. Neither Developer nor any of its agents, employees or contractors are or shall be considered to be agents of the City of Greenfield in connection with the performance of Developer's obligations under this agreement.
10. Developer shall pay to the City, for all engineering, inspection and other services provided by City in accordance with this Development, amounts as set forth by adopted City ordinance and resolution in effect at time of payment.
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4 Developer has paid an advance deposit for the Grading Permit in the amount of $13,800. Within ten (10) days of the Effective Date, Developer shall additionally pay twenty thousand dollars ($20,000) to City as a deposit towards the encroachment permit (offsite improvements) for such Services to be provided by City. These services include inspection from City’s 3rd party inspector. The City’s expectation is that this inspector will perform milestone inspections for utilities, grading, placement of aggregate base, sand, and concrete forms, and full-time inspection for concrete placement and street paving.
During construction, determination shall be made between the City and Developer regarding if annexation to existing maintenance assessment district(s) shall be accomplished by the City or the Developer, and determination of an appropriate deposit for that effort will be established at that time.
At the completion of the improvements provided for herein, City shall furnish the Developer with a statement of all charges for services performed by the City in the event said actual costs exceed the payment previously made by Developer for such services. The Developer shall complete payment for such charges within thirty (30) days after receipt of such statement of actual costs.
11. Developer agrees that if, within a period of one (1) year after final acceptance of the work done under this Agreement, any improvements or part of any improvement furnished and/or installed or constructed or caused to be constructed by Developer, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the Plans and other plans and specifications referred to herein, Developer shall, without delay and without any cost to the City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or improvements. The terms of this section shall not apply to any damage caused by acts of God. Prior to City’s final acceptance of the work done under this Agreement, Developer shall provide security to the City to secure Developer’s obligations under this Section 11. Such security shall be in the amount of ten percent (10%) of the total cost of the improvements and shall be in a form reasonably satisfactory to the City. Should Developer fail to act promptly or in accordance with this requirement, or fail to do the construction as agreed upon herein, or should the exigencies of the case require repairs or replacements to be made before the Developer can be notified, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and the Developer shall pay to the City the actual cost of such repairs plus thirty percent (30%) to cover the City's indirect and overhead costs. If the Developer fails to pay to the City the cost repairs plus thirty percent (30%), the City may, without limiting the Developer's liability therefor, file a claim against the security provided by Nino to the City as required in this section.
12. The Developer and his contractors shall pay when due for any materials, wages, subcontracts, labor, provisions, or other supplies and items used in conjunction with the work performed for the subject subdivision including, but not limited to, unemployment insurance and any other incidentals arising out of any necessary work or labor.
13. The Developer shall comply with all Street, Plumbing, Building, Electrical, Zoning Codes and any other applicable Codes, ordinances, standards and regulations of the City. Developer shall submit the proposed conditions, covenants, and restrictions to sales of lots within this subdivision to the City of Greenfield for review and approval prior to any execution thereof.
14. If Developer fails to construct the improvements upon the terms and within the time required, City may complete or cause completion of the required improvements and assess the actual cost of completing the required improvements and seek payment from the security deposited in escrow to secure faithful performance of the works.
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5 15. When the improvements are completely installed and accepted by the City Council and there is full performance pursuant to this agreement, City agrees to release Developer and the described property from further obligation under this Agreement, except for those obligations, including but not limited to Section 5, 11, and 12, that by their nature continue after termination or completion of this Agreement.
16. All covenants in this Agreement shall pertain to and run with the described real property and shall apply to, bind, and inure to the parties and the contractors, heirs, executors, administrators, assigns or successors in interest of the respective parties hereto.
17. Any notice required by law or by this Agreement shall be given by personal delivery of firstclass U.S. Mail. Notice by personal delivery will be effective on delivery and notice by mail will be considered effective three days after it is deposited in the U.S. Mail, postage paid, addressed to City of Greenfield, 559 El Camino Real, Greenfield, CA 93927 or to Developer, Poppy RE, LLC, 1320 Decoto Road, STE 200, Union City, CA 94587, at their respective addresses as of the date of this Agreement, unless written notice of change or address has been received by the other party. If any action is required to enforce the provisions of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney fees to be determined by a Court.
18. The Developer shall have a record drawing prepared by a civil engineer which denotes the final disposition of the improvements as constructed for water, sewer, storm drain, curb and gutter, and streets. Said “as-built” drawing shall be prepared and submitted to, and approved by, the City Engineer prior to the City Council’s final acceptance of the improvements.
IN WITNESS WHEREOF, the parties have signed this agreement to be effective as of the Effective Date in the opening paragraph.
CITY OF GREENFIELD, a municipal
corporation
BY:_________________________________
William “Paul” Wood, City Manager (Notary Acknowledgement to be Attached) Poppy RE, LLC
BY:_______________________________
NAME (Notary Acknowledgement to be Attached)
ATTEST:
BY:_________________________________
Ann F. Rathbun, City Clerk
APPROVED AS TO FORM:
BY:_________________________________
Jennifer Thompson, City Attorney
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