HomeMy WebLinkAbout09/08/2025 City Council Regular Agenda PacketSeptember 8, 2025 | 6:00 PM Page 1 of 7 City Council
Regular Meeting
CITY COUNCIL
REGULAR MEETING
AGENDA
CITY CHAMBERS, CITY HALL
7351 ROSANNA STREET, GILROY, CA
95020
MONDAY, SEPTEMBER 8, 2025 | 6:00 PM
MAYOR
Greg Bozzo
COUNCIL MEMBERS
Dion Bracco
Tom Cline
Terence Fugazzi
Zach Hilton
Carol Marques
Kelly Ramirez
CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org
AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING
COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY
COUNCIL. Public testimony is subject to reasonable regulations, including but not limited to time restrictions
for each individual speaker. **Please limit your comments to 3 minutes.** The amount of time allowed per
speaker may vary at the Mayor’s discretion depending on the number of speakers and length of the agenda.
Written comments on any agenda item may be emailed to the City Clerk’s Office at
publiccomment@cityofgilroy.org or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street,
Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1 p.m. on the day of a Council meeting will
be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda
packet located in the lobby of Administration at City Hall, 7351 Rosanna Street prior to the meeting. Any
correspondence received will be incorporated into the meeting record. Items received after the 1 p.m. deadline
will be provided to the City Council as soon as practicable. Written comments are also available on the City’s
Public Records Portal at bit.ly/3NuS1IN.
In compliance with the Americans with Disabilities Act, the City will make reasonable
arrangements to ensure accessibility to this meeting. If you need special assistance to
participate in this meeting, please contact the City Clerk’s Office at least 72 hours prior to the
meeting at (408) 846-0204 or cityclerk@cityofgilroy.org to help ensure that reasonable
arrangements can be made.
If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising
only those issues you or someone else raised at the public hearing held at this meeting, or in written
correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time
within which to seek judicial review of any final administrative determination reached at this meeting is governed
by Section 1094.6 of the California Code of Civil Procedure.
A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a
point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel,
based on existing facts and circumstances, there is a significant exposure to litigation against the City.
Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet
are available with the agenda packet on the City website at www.cityofgilroy.org subject to the Staff’s ability to
Page 1 of 165
September 8, 2025 | 6:00 PM Page 2 of 7 City Council
Regular Meeting
post the documents before the meeting.
KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE
Government's duty is to serve the public, reaching its decisions in full view of the public.
Commissions, task forces, councils and other agencies of the City exist to conduct the
people's business. This ordinance assures that deliberations are conducted before the
people and that City operations are open to the people's review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT
ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A
VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION
STAFF AT (408) 846-0204.
If you need assistance with translation and would like to speak during public comment,
please contact the City Clerk a minimum of 72 hours prior to the meeting at 408-846-0204 or
e-mail the City Clerk’s Office at cityclerk@cityofgilroy.org.
Si necesita un intérprete durante la junta y gustaría dar un comentario público,
comuníquese con el Secretario de la Ciudad un mínimo de 72 horas antes de la junta al 408-
846-0204 o envíe un correo electrónico a la Oficina del Secretario de la Ciudad
a cityclerk@cityofgilroy.org.
To access written translation during the meeting, please scan the QR
Code or click this link:
Para acceder a la traducción durante la reunión, por favor escanee el
código QR o haga clic en el enlace:
bit.ly/3FBiGA0
Choose Language and Click Attend | Seleccione su lenguaje y haga clic
en asistir
Use a headset on your phone for audio or read the transcript on your
device.
Use sus auriculares para escuchar el audio o leer la transcripción en el
dispositivo.
The agenda for this regular meeting is outlined as follows:
1. OPENING
1.1. Call to Order
1.2. Pledge of Allegiance
1.3. Invocation
1.4. City Clerk's Report on Posting the Agenda
Page 2 of 165
September 8, 2025 | 6:00 PM Page 3 of 7 City Council
Regular Meeting
1.5. Roll Call
1.6. Orders of the Day
1.7. Employee Introductions
2. PRESENTATIONS TO THE COUNCIL
2.1. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY
COUNCIL
This portion of the meeting is reserved for persons desiring to address the
Council on matters within the Gilroy City Council’s jurisdiction but not on the
agenda. Persons wishing to address the Council are requested to complete a
Speaker’s Card located at the entrances and handed to the City Clerk. Speakers
are limited to 1 to 3 minutes each, varying at the Mayor’s discretion depending
on the number of speakers and length of the agenda. The law does not permit
Council action or extended discussion of any item not on the agenda except
under special circumstances. If Council action is requested, the Council may
place the matter on a future agenda.
Written comments to address the Council on matters not on this agenda may be
e-mailed to the City Clerk’s Office at publiccomment@cityofgilroy.org or mailed
to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA
95020. Comments received by the City Clerk’s Office by 1:00 pm on the day of a
Council meeting will be distributed to the City Council prior to or at the meeting
and available for public inspection with the agenda packet located in the lobby
of Administration at City Hall, 7351 Rosanna Street, prior to the meeting. Any
correspondence received will be incorporated into the meeting record. Items
received after the 1:00pm deadline will be provided to the City Council as soon
as practicable. Written material provided by public members under this section
of the agenda will be limited to 10 pages in hard copy. An unlimited amount of
material may be provided electronically.
3. REPORTS OF COUNCIL MEMBERS
Council Member Bracco – Downtown Committee, Santa Clara County Library Joint Powers
Authority, Santa Clara Water Commission, Santa Clara Valley Water Joint Water Resources
Committee, SCRWA
Council Member Fugazzi – Santa Clara Water Commission (alternate), Silicon Valley
Regional Interoperability Authority Board (alternate), SCRWA, Visit Gilroy California Welcome
Center, VTA Mobility Partnership Committee
Council Member Marques – ABAG, Downtown Committee, Santa Clara County Library Joint
Powers Authority (alternate), Santa Clara Valley Habitat Agency Governing Board, Santa
Clara Valley Habitat Agency Implementation Board, SCRWA (alternate)
Council Member Hilton – CalTrain Policy Group, Santa Clara County Expressway Plan
Page 3 of 165
September 8, 2025 | 6:00 PM Page 4 of 7 City Council
Regular Meeting
2040 Advisory Board (alternate), Silicon Valley Clean Energy Authority JPA Board, South
County Youth Task Force Policy Team, VTA Policy Advisory Committee
Council Member Ramirez – ABAG (alternate), Gilroy Gardens Board of Directors (alternate),
Gilroy Sister Cities, Gilroy Youth Task Force (alternate), SCRWA, Santa Clara Housing and
Community Development Advisory Committee
Council Member Cline – CalTrain Policy Group (alternate), Gilroy Sister Cities (alternate),
Gilroy Youth Task Force, Santa Clara County Expressway Plan 2040 Advisory Board, Silicon
Valley Clean Energy Authority JPA Board (alternate), Silicon Valley Regional Interoperability
Authority Board, Visit Gilroy California Welcome Center (alternate), VTA Mobility Partnership
Committee, VTA Policy Advisory Committee (alternate)
Mayor Bozzo – Gilroy Gardens Board of Directors, Santa Clara Valley Water Joint Water
Resources Committee, South County Youth Task Force Policy Team, VTA Board of Directors
(alternate), Santa Clara Housing and Community Development Advisory Committee
(alternate)
4. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the City Council to be routine
and will be enacted by one motion. There will be no separate discussion of these items unless
a request is made by a member of the City Council or a member of the public. Any person
desiring to speak on any item on the consent calendar should ask to have that item removed
from the consent calendar prior to the time the City Council votes to approve. If removed, the
item will be discussed in the order in which it appears.
4.1. Acceptance of Grant Award from the Bay Area Urban Areas Securities Initiative
and Approval of Fiscal Year 2026 Budget Amendment
4.2. Approve the minutes of the August 18, 2025 Regular City Council Meeting
4.3. Approve the Master Joint Use Agreement with Santa Clara Valley Water for the
City of Gilroy's Trails Network
5. BIDS AND PROPOSALS
5.1. Award a contract to SVA Architects, Inc. for Architectural Design Services for
Library Improvements and Renovation 25-RFP-PW-520, and Adopt a Resolution
Amending the Fiscal Year 2025-26 Budget to Appropriate the Funds
1. Staff Report:
John Doughty, Public Works Director
2. Public Comment
3. Possible Action:
City Staff is recommending that Council:
1. Award a contract to SVA Architects, Inc. in the amount of $390,660
($385,660 base fee and $5,000 in reimbursable expenses) for
Page 4 of 165
September 8, 2025 | 6:00 PM Page 5 of 7 City Council
Regular Meeting
Architectural Design Services for the Library Improvements and
Renovation Project;
2. Adopt a resolution to amend the Fiscal Year 2025-26 budget within
the Gilroy Library Fund (405) to appropriate $390,660; and
3. Authorize the Interim City Administrator to execute the agreement and
all other related documents.
5.2. Amend a contract with Dewberry Engineers, Inc. to add $29,880 to the contract
for the design of the Lions Creek Project, and Adopt a Resolution to Amend the
Fiscal Year 2025-26 Budget to Appropriate the Additional Funds
1. Staff Report:
John Doughty, Public Works Director
2. Public Comment
3. Possible Action:
1. Amend a contract with Dewberry Engineers, Inc. to add $29,880.00 to
the contract for a total amount not to exceed of $219,532.26;
2. Adopt a resolution to amend the Fiscal Year 2025-26 Budget to
appropriate the $29,880.00 within the Transportation/Mobility Grants
Fund ($14,700.85) and the Gas Tax Fund ($15,179.15); and
3. Authorize the City Administrator to execute the amendment and
related documents.
6. INTRODUCTION OF NEW BUSINESS
6.1. Authorize the City Administrator to Enter into an Eight-Year Master Services and
Purchasing Agreement with Axon Enterprises, Inc., to Purchase the Axon
Records Draft One Report Writing Software for $499,233
1. Staff Report:
Ken Binder, Interim Police Chief
2. Public Comment
3. Possible Action:
1. Authorize the City Administrator to enter into an eight-year master
services and purchasing agreement with Axon Enterprises Inc. for
$499,233 to purchase the Axon records draft one report writing
software; and
2. Authorize the City Administrator to execute the master services and
purchasing agreement and related purchasing documents.
6.2. Issuance of an Exploratory Request for Proposals for Use of Opioid Settlement
Funds
Page 5 of 165
September 8, 2025 | 6:00 PM Page 6 of 7 City Council
Regular Meeting
1. Staff Report:
Bryce Atkins, Assistant to the City Administrator
2. Public Comment
3. Possible Action:
Council authorize staff to issue an exploratory request for proposals for the
use of opioid settlement funds.
6.3. City Administrator Recruitment Process
1. Staff Report:
Greg Bozzo, Mayor
2. Public Comment
3. Possible Action:
1. Review process for City Administrator recruitment.
2. Establish a City Council Sub-Committee for the City Administrator
recruitment process.
3. Confirm that the salary information posted on the job flyer will be
"Depending On Qualifications."
7. CITY ADMINISTRATOR'S REPORTS
8. CITY ATTORNEY'S REPORTS
9. CLOSED SESSION
9.1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION – Significant
exposure to litigation pursuant to Paragraph (2) of Subdivision (d) of
Government Code Section 54956.9 and Gilroy City Code Section 17A.11
Subdivision (3): One Case.
10. ADJOURN TO OPEN SESSION
Report of any action taken in Closed Session and vote or abstention of each Council Member
if required by Government Code Section 54957.1 and GCC Section 17A.13(b); Public Report
of the vote to continue in closed session if required under GCC Section 17A.11(5).
11. ADJOURNMENT
FUTURE MEETING DATES
September 2025
15 City Council Regular Meeting - 6:00 p.m.
October 2025
06
20
City Council Regular Meeting - 6:00 p.m.
City Council Regular Meeting - 6:00 p.m.
Page 6 of 165
September 8, 2025 | 6:00 PM Page 7 of 7 City Council
Regular Meeting
November 2025
03
17
City Council Regular Meeting - 6:00 p.m.
City Council Regular Meeting - 6:00 p.m.
Meetings are webstreamed on the City of Gilroy’s website at gilroy.city/meetings.
Page 7 of 165
City of Gilroy
STAFF REPORT
Agenda Item Title: Acceptance of Grant Award from the Bay Area Urban Areas
Securities Initiative and Adoption of a Resolution to Amend
Fiscal Year 2025-26 Budget to Appropriate the Grant Funds
Meeting Date: September 8, 2025
From: Brad Kilger, Interim City Administrator
Andy Faber, City Attorney
Kim Mancera, City Clerk
Department: Administration
Submitted by: Brad Kilger, City Administrator
Prepared by: Andrew Young, Emergency Services & Volunteer Coordinator
STRATEGIC PLAN GOALS: Not Applicable
RECOMMENDATION
1. Adopt a resolution accepting $20,000 in grant funding from the Urban Areas
Security Initiative (UASI) for the purchase of emergency preparedness
equipment to support community outreach and education under the Santa Clara
County Local Roadmap to Community Resilience project.
2. Adopt a resolution to amend the Fiscal Year 2025-26 budget to recognize grant
revenue and appropriate expenditures in the amount of $20,000.
EXECUTIVE SUMMARY
The City of Gilroy has been awarded $20,000 in grant funding through the Urban Areas
Security Initiative (UASI) under the Santa Clara County Local Roadmap to Community
Resilience project. This funding will support the purchase of emergency preparedness
equipment and outreach materials to strengthen community education, engagement,
and resilience.
Acceptance of this grant will enable the City to expand outreach at community events,
enhance public education campaigns, and provide residents with practical tools and
Page 8 of 165
resources to prepare for disasters. Staff recommends that the City Council formally
accept the grant award and approve the necessary budget amendment to recognize
revenue and appropriate expenditures on a reimbursement basis.
BACKGROUND
The Santa Clara County Local Roadmap to Community Resilience project, coordinated
through the Bay Area Urban Areas Security Initiative (UASI), provides funding to
enhance community preparedness, resilience, and engagement across the region. This
initiative prioritizes investment in public education, outreach tools, and community
engagement programs to ensure diverse and at-risk populations have access to
resources before, during, and after disasters in select communities throughout the Bay
Area Counties.
As part of this regional effort, the City of Gilroy has been awarded $20,000 to purchase
emergency preparedness equipment and supplies. These resources will be used in
community outreach events, training, and public education initiatives designed to
strengthen household and neighborhood-level readiness.
ANALYSIS
The grant funding will allow the City to acquire equipment such as preparedness
equipment, outreach tools, and educational materials that will be distributed or used
during community engagement activities. These investments will directly support
citywide preparedness goals, align with the County’s resilience roadmap, and increase
public awareness of emergency response capabilities.
This funding is reimbursement-based and requires the City to front expenditures, after
which reimbursement will be requested through the UASI grant management system.
There is no local cost share or match requirement.
The proposed FY 2026 budget actions are:
• Expenditure Fund: 1001560-51520 - Support Services
• Revenue Fund: 1001560-43110 - Federal Reimbursement
ALTERNATIVES
Council may choose not to accept the grant. Staff does not recommend this action, as
the City would forgo $20,000 in funding specifically dedicated to community
preparedness and resilience.
Page 9 of 165
FISCAL IMPACT/FUNDING SOURCE
The $20,000 grant will be reimbursed by Bay Area UASI upon submission of eligible
expenditures. Staff recommends approval of a budget amendment to recognize $20,000
in grant revenue and appropriate expenditures in the same amount within the
Emergency Management Division, in the General Fund (100).
PUBLIC OUTREACH
This item has been included in the publicly posted agenda for this meeting. Grant-
funded equipment will be used in community events, training, and education campaigns
to increase disaster awareness and readiness. Outreach will prioritize diverse and
underserved populations in alignment with the Santa Clara County Local Roadmap to
Community Resilience project.
NEXT STEPS
If approved, staff will begin procuring preparedness equipment and materials in
accordance with grant guidelines to support community outreach and education, and
will submit all required documentation to UASI for reimbursement.
Attachments:
None
Page 10 of 165
FY 23 UASI – City of Gilroy Page 1 of 21 July 15, 2025
AGREEMENT BETWEEN THE CITY AND COUNTY OF
SAN FRANCISCO AND THE CITY OF GILROY
FOR THE DISTRIBUTION OF FY 2023 UASI GRANT FUNDS
THIS AGREEMENT is made this JULY 15, 2025 in the City and County of San Francisco, State of
California, by and between the CITY OF GILROY (“SUBRECIPIENT") and the CITY
AND COUNTY OF SAN FRANCISCO, a municipal corporation (“San Francisco" or "City"), in its
capacity as fiscal agent for the Approval Authority, as defined below, acting by and through the San
Francisco Department of Emergency Management (“DEM”).
RECITALS
WHEREAS, The United States Department of Homeland Security (“DHS”) consolidated the separate San
Jose, Oakland, and San Francisco Urban Areas into a combined Bay Area Urban Area (“UASI Region”)
for the purpose of application for and allocation and distribution of federal Urban Areas Security
Initiative (“UASI”) program grant funds; and
WHEREAS, The Bay Area Urban Area Approval Authority (“Approval Authority”) was established as
the Urban Area Working Group (“UAWG”) for the UASI Region, to provide overall governance of the
homeland security grant program across the UASI Region, to coordinate development and
implementation of all UASI program initiatives, and to ensure compliance with all UASI program
requirements; and
WHEREAS, The UASI General Manager is responsible for implementing and managing the policy and
program decisions of the Approval Authority, directing the work of the UASI Management Team
personnel, and performing other duties as determined and directed by the Approval Authority, and
WHEREAS, San Francisco has been designated as the grantee for UASI funds granted by the DHS
through the California Office of Emergency Services (“Cal OES”) to the UASI Region, with
responsibility to establish procedures and execute subgrant agreements for the distribution of UASI
program grant funds to jurisdictions selected by the Approval Authority to receive grant funding; and
WHEREAS, San Francisco has been designated to serve as the fiscal agent for the Approval Authority,
and to establish procedures and provide all financial services for distribution of UASI program grant
funds within the UASI Region; and
WHEREAS, Pursuant to grant allocation decisions by the Approval Authority, the UASI Management
Team has asked San Francisco to distribute a portion of the regional UASI grant funds to
SUBRECIPIENT on the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this
Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties hereto agree as follows:
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 11 of 165
FY 23 UASI – City of Gilroy Page 2 of 21 July 15, 2025
ARTICLE 1
DEFINITIONS
1.1 Specific Terms. Unless the context requires otherwise, the following capitalized terms (whether
singular or plural) shall have the meanings set forth below:
(a) “ADA” shall mean the Americans with Disabilities Act (including all rules and
regulations there under) and all other applicable federal, state and local disability rights legislation, as the
same may be amended, modified or supplemented from time to time.
(b) “Authorized Expenditures” shall mean expenditures for those purposes identified and
budgeted in Appendix A, attached hereto and incorporated by reference as though fully set forth herein.
(c) “Event of Default” shall have the meaning set forth in Section 7.1.
(d) “Fiscal Quarter” shall mean each period of three calendar months commencing on July
1, October 1, January 1, and April 1, respectively.
(e) “Grant Funds” shall mean any and all funds allocated or disbursed to City of Gilroy
(Unique Entity ID: CBM1U23HUPK5) under this Agreement. This Agreement shall specifically cover
funds allocated or disbursed from Cal OES Grant No. 2023-0042, Cal OES ID No. 075-95017, CFDA
No. 97.067, per Cal OES award notice dated October 18, 2023
(f) “Grant Plan” shall mean the plans, performances, events, exhibitions, acquisitions or
other activities or matter, and the budget and requirements, described in Appendix A and the WebGrants
system. If SUBRECIPIENT requests any modification to the Grant Plan, SUBRECIPIENT shall submit a
written request to the UASI General Manager with the following information: Scope of change
requested, reason for change, proposed plan for change, summary of approved and requested
modifications to the Grant Plan, and any necessary approvals in support of change (e.g., EHP).
(g) “Indemnified Parties” shall mean: (i) San Francisco, including all commissions,
departments including DEM, agencies, and other subdivisions of San Francisco; (ii) San Francisco’s
elected officials, directors, officers, employees, agents, successors, and assigns; and (iii) all persons or
entities acting on behalf of the foregoing.
(h) “Losses” shall mean any and all liabilities, obligations, losses, damages, penalties,
claims, actions, suits, judgments, fees, expenses and costs of whatsoever kind and nature (including legal
fees and expenses and costs of investigation, of prosecuting or defending any Loss described above)
whether or not such Loss be founded or unfounded, of whatsoever kind and nature.
(i) “Reimbursement Request” shall have the meaning set forth in Section 3.10(a).
1.2 Additional Terms. The terms “as directed,” “as required” or “as permitted” and similar terms
shall refer to the direction, requirement, or permission of City. The terms “sufficient,” “necessary” or
“proper” and similar terms shall mean sufficient, necessary or proper in the sole judgment of City. The
terms “approval,” “acceptable” or “satisfactory” or similar terms shall mean approved by, or acceptable or
satisfactory to, City. The terms “include,” “included” or “including” and similar terms shall be deemed to
be followed by the words “without limitation.” The use of the term “subcontractor,” “subgrantee,”
“successor” or “assign” herein refers only to a subcontractor, subgrantee, successor or assign expressly
permitted under Article 8.
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 12 of 165
FY 23 UASI – City of Gilroy Page 3 of 21 July 15, 2025
1.3 References to this Agreement. References to this Agreement include: (a) any and all
appendices, exhibits, schedules, and attachments hereto; (b) any and all statutes, ordinances, regulations
or other documents expressly incorporated by reference herein; and (c) any and all amendments,
modifications or supplements hereto made in accordance with Section 10.2. References to articles,
sections, subsections or appendices refer to articles, sections or subsections of or appendices to this
Agreement, unless otherwise expressly stated. Terms such as “hereunder,” “herein” or “hereto” refer to
this Agreement as a whole.
1.4 Reference to laws. Any reference in this Agreement to a federal or state statute, regulation,
executive order, requirement, policy, guide, guideline, information bulletin, or instruction shall mean that
statute, regulation, executive order, requirement, policy, guide, guideline, information bulletin, or
instruction as is currently in effect and as may be amended, modified or supplemented from time to time.
ARTICLE 2
ALLOCATION AND CERTIFICATION OF GRANT FUNDS;
LIMITATIONS ON SAN FRANCISCO'S OBLIGATIONS
2.1 Risk of Non-Allocation of Grant Funds. This Agreement is subject to all federal and state grant
requirements and guidelines, including DHS and Cal OES requirements, guidelines, information bulletins,
and instructions, the decision-making of the Cal OES and the Approval Authority, the terms and
conditions of the grant award; the approved application, and to the extent applicable the budget and fiscal
provisions of the San Francisco Charter. The Approval Authority shall have no obligation to allocate or
direct disbursement of funds for this Agreement in lieu of allocations for new or other agreements.
SUBRECIPIENT acknowledges and agrees that grant decisions are subject to the discretion of the Cal
OES and Approval Authority. Further, SUBRECIPIENT acknowledges and agrees that the City shall
have no obligation to disburse grant funds to SUBRECIPIENT until City and SUBRECIPIENT have fully
and finally executed this Agreement. SUBRECIPIENT acknowledges and agrees that if it takes any
action, informal or formal, to appropriate, encumber or expend Grant Funds before final allocation
decisions by Cal OES and the Approval Authority, and before this Agreement is fully and finally
executed, it assumes all risk of possible non-allocation or non-reimbursement of funds, and such
acknowledgement and agreement is part of the consideration of this Agreement.
2.2 Certification of Controller; Guaranteed Maximum Costs. No funds shall be available under
this Agreement without prior written authorization certified by the San Francisco Controller. In addition,
as set forth in Section 21.19 of the San Francisco Administrative Code:
(a) San Francisco's obligations hereunder shall not at any time exceed the amount approved
in the grant award and/or by the Approval Authority, and certified by the Controller for the purpose and
period stated in such certification.
(b) Except as may be provided by San Francisco ordinances governing emergency
conditions, San Francisco and its employees and officers, and the UASI Management Team and its
personnel, are not authorized to request SUBRECIPIENT to perform services or to provide materials,
equipment and supplies that would result in SUBRECIPIENT performing services or providing materials,
equipment and supplies that are beyond the scope of the services, materials, equipment and supplies
specified in this Agreement, unless this Agreement is amended in writing and approved as required by
law to authorize the additional services, materials, equipment or supplies. San Francisco is not required
to pay SUBRECIPIENT for services, materials, equipment or supplies that are provided by
SUBRECIPIENT that are beyond the scope of the services, materials, equipment and supplies agreed
upon herein and which were not approved by a written amendment to this Agreement having been
lawfully executed by San Francisco.
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 13 of 165
FY 23 UASI – City of Gilroy Page 4 of 21 July 15, 2025
(c) San Francisco and its employees and officers, and the UASI Management Team and its
personnel, are not authorized to offer or promise to SUBRECIPIENT additional funding for this
Agreement that would exceed the maximum amount of funding provided for herein. Additional funding
for this Agreement in excess of the maximum provided herein shall require lawful approval and
certification by the Controller. San Francisco is not required to honor any offered or promised additional
funding that exceeds the maximum provided in this Agreement that requires lawful approval and
certification of the Controller when the lawful approval and certification by the Controller has not been
obtained.
(d) The Controller is not authorized to make payments on any agreement for which funds
have not been certified as available in the budget or by supplemental appropriation.
2.3 SUPERSEDURE OF CONFLICTING PROVISIONS. IN THE EVENT OF ANY
CONFLICT BETWEEN ANY OF THE PROVISIONS OF THIS ARTICLE 2 AND ANY OTHER
PROVISION OF THIS AGREEMENT, THE APPLICATION DOCUMENTS OR ANY OTHER
DOCUMENT OR COMMUNICATION RELATING TO THIS AGREEMENT, THE TERMS OF THIS
ARTICLE 2 SHALL GOVERN.
ARTICLE 3
PERFORMANCE OF THE AGREEMENT
3.1 Duration of Term. The term of this Agreement shall commence on JULY 15, 2025 and shall
end at 11:59 p.m. San Francisco time on DECEMBER 31, 2025.
3.2 Maximum Amount of Funds. In no event shall the amount of Grant Funds disbursed hereunder
exceed TWENTY THOUSAND DOLLARS ($20, 000). The City will not automatically transfer Grant
Funds to SUBRECIPIENT upon execution of this Agreement. SUBRECIPIENT must submit a
Reimbursement Request under Section 3.10 of this Agreement, approved by the UASI Management
Team and City, before the City will disburse Grant Funds to SUBRECIPIENT.
3.3 Use of Funds.
(a) General Requirements. SUBRECIPIENT shall use the Grant Funds received under this
Agreement for the purposes and in the amounts set forth in the Grant Plan. SUBRECIPIENT shall not
use or expend Grant Funds for any other purpose, including but not limited to, for matching funds for
other federal grants/cooperative agreements, lobbying or intervention in federal regulatory or adjudicatory
proceedings, or to sue the federal government or any other government entity. SUBRECIPIENT shall not
permit any federal employee to receive Grant Funds.
(b) Modification of Grant Plan. Under Sections 1.1(f) and 10.2 of this Agreement,
SUBRECIPIENT may submit a written request to modify the Grant Plan. SUBRECIPIENT shall not
appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to such a request for
modification until (1) the General Manager or designee has provided written approval for the request and
(2) the parties have finally executed a modification of this Agreement under Section 10.2, to reflect the
modified Grant Plan. In addition, if the modification request requires approval from the Approval
Authority and/or Cal OES, as determined by the General Manager, SUBRECIPIENT shall not
appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to the modification
request without approval from the Approval Authority and/or Cal OES.
(c) No Supplanting. SUBRECIPIENT shall use Grant Funds to supplement existing funds,
and not replace (supplant) funds that have been appropriated for the same purpose.
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 14 of 165
FY 23 UASI – City of Gilroy Page 5 of 21 July 15, 2025
(d) Obligations. SUBRECIPIENT must expend Grant Funds in a timely manner consistent
with the grant milestones, guidance and assurances; and make satisfactory progress toward the goals,
objectives, milestones and deliverables in this Agreement.
3.4 Grant Assurances; Other Requirements; Cooperation with Monitoring.
(a) SUBRECIPIENT shall comply with all Grant Assurances included in Appendix B,
attached hereto and incorporated by reference as though fully set forth herein. SUBRECIPIENT shall
require all subgrantees, contractors and other entities receiving Grant Funds through or from
SUBRECIPIENT to execute a copy of the Grant Assurances, and shall ensure that they comply with those
Grant Assurances.
(b) In addition to complying with all Grant Assurances, SUBRECIPIENT shall comply with
all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines,
information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of
the grant award; the approved application, and any conditions imposed by Cal OES or the Approval
Authority. SUBRECIPIENT shall require and ensure that all subgrantees, contractors and other entities
receiving Grant Funds through or from SUBRECIPIENT comply with all applicable statutes, regulations,
executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant
management memos, and instructions; the terms and conditions of the grant award; the approved
application, and any conditions imposed by Cal OES or the Approval Authority.
(c) SUBRECIPIENT shall promptly comply with all standards, specifications and formats of
San Francisco and the UASI Management Team, as they may from time to time exist, related to
evaluation, planning and monitoring of the Grant Plan and compliance with this Agreement.
SUBRECIPIENT shall cooperate in good faith with San Francisco and the UASI Management Team in
any evaluation, inspection, planning or monitoring activities conducted or authorized by DHS, Cal OES,
San Francisco or the UASI Management Team. For ensuring compliance with non-supplanting
requirements, upon request by City or the UASI Management Team, SUBRECIPIENT shall supply
documentation certifying that a reduction of non-federal resources occurred for reasons other than the
receipt or expected receipt of Grant Funds.
3.5 Administrative, Programmatic and Financial Management Requirements. SUBRECIPIENT
shall establish and maintain administrative, programmatic and financial management systems and records
in accordance with federal and State of California requirements. This provision requires, at a minimum,
that SUBRECIPIENT comply with the following non-exclusive list of regulations commonly applicable
to DHS grants, as applicable to this Agreement and the Grant Plan:
(a) Administrative Requirements:
1. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21,
A-87, A-89, A-102, A-110, A-122, and A-133).
(b) Cost Principles:
1. 2 CFR Part 200, Subpart E - Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB
Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133);
2. Federal Acquisition Regulations (FAR), Part 31.2 Contract Principles and
Procedures, Contracts with Commercial Organizations.
(c) Audit Requirements:
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 15 of 165
FY 23 UASI – City of Gilroy Page 6 of 21 July 15, 2025
1. 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB
Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133).
3.6 Technology Requirements.
(a) National Information Exchange Model ("NIEM"). SUBRECIPIENT shall use the latest
NIEM specifications and guidelines regarding the use of Extensible Markup Language ("XML") for all
awards of Grant Funds.
(b) Geospatial Guidance. SUBRECIPIENT is encouraged to use Geospatial technologies,
which can capture, store, analyze, transmit and/or display location-based information (i.e., information
linked to a latitude and longitude), and to align any geospacial activities with the guidance available on
the Federal Emergency Management Agency (“FEMA”) website.
(c) Criminal Intelligence Systems Operating Policies. Any information technology system
funded or supported by Grant Funds shall comply with 28 CFR Part 23, Criminal Intelligence Systems
Operating Policies, if applicable.
(d) SUBRECIPIENT is encouraged to use the DHS guidance in Best Practices for
Government Use of CCTV: Implementing the Fair Information Practice Principles, if Grant Funds are
used to purchase or install closed circuit television (CCTV) systems or to support operational CCTV
systems.
3.7 Procurement Requirements.
(a) General Requirements. SUBRECIPIENT shall follow its own procurement requirements
as long as those requirements comply with all applicable federal and State of California statutes,
regulations, requirements, policies, guides, guidelines and instructions.
(b) Specific Purchases. If SUBRECIPIENT is using Grant Funds to purchase interoperable
communication equipment, SUBRECIPIENT shall consult DHS’s SAFECOM’s coordinated grant
guidance, which outlines standards and equipment information to enhance interoperable communication.
If SUBRECIPIENT is using Grant Funds to acquire critical emergency supplies, prior to expending any
Grant Funds, SUBRECIPIENT shall submit to the UASI Management Team for approval by Cal OES a
viable inventory management plan, an effective distribution strategy, sustainment costs for such an effort,
and logistics expertise to avoid situations where funds are wasted because supplies are rendered
ineffective due to lack of planning.
(c) Bond requirement. SUBRECIPIENT shall obtain a performance bond for any equipment
items over $250,000 or any vehicle, aircraft or watercraft financed with Grant Funds.
3.8 Subgrantee and Contractor Requirements.
(a) SUBRECIPIENT shall ensure and independently verify that any subgrantee, contractor or
other entity receiving Grant Funds through or from SUBRECIPIENT is not debarred, suspended, or
otherwise excluded from or ineligible for participation in federal assistance programs, under Executive
Orders 12549 and 12689, as implemented at 2 CFR Part 3000. SUBRECIPIENT shall obtain
documentation of eligibility before disbursing Grant Funds to any subgrantee, contractor or other entity.
SUBRECIPIENT shall maintain documentary proof of this verification in its files. SUBRECIPIENT shall
establish procedures for the effective use of the “Excluded Parties List System,” to assure that it does not
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 16 of 165
FY 23 UASI – City of Gilroy Page 7 of 21 July 15, 2025
provide Grant Funds to excluded parties. SUBRECIPIENT shall also establish procedures to provide for
effective use and/or dissemination of the list to assure that its grantees and subgrantees, including
contractors, at any tier do not make awards in violation of the non-procurement debarment and suspension
common rule.
(b) SUBRECIPIENT shall ensure that any subgrantee, contractor or other entity receiving
Grant Funds through or from SUBRECIPIENT complies with the requirements of 44 CFR Part 18, New
Restrictions on Lobbying; and
(c) SUBRECIPIENT shall ensure that any subgrantee, contractor or other entity receiving
Grant Funds through or from SUBRECIPIENT complies with the requirements of 2 CFR Part 3001,
Requirements for Drug-Free Workplace (Financial Assistance).
3.9 Monitoring Grant Performance.
(a) City and the UASI Management Team are both authorized to perform periodic monitoring
reviews of SUBRECIPIENT’s performance under this Agreement, to ensure that the Grant Plan goals,
objectives, performance requirements, timelines, milestone completion, budgets and other criteria are
being met. Programmatic monitoring may include the Regional Federal Preparedness Coordinators, or
other federal or state personnel, when appropriate. Monitoring may involve a combination of desk-based
reviews and on-site monitoring visits, inspection of records, and verifications of grant activities. These
reviews will involve a review and analysis of the financial, programmatic, performance and
administrative issues relative to each program and will identify areas where technical assistance and other
support may be needed. The reviews may include, but are not limited to:
1. Evaluating eligibility of expenditures;
2. Comparing actual grant activities to those approved by the Approval Authority and
specified in the Grant Plan;
3. Ensuring that any advances have been deposited in an interest bearing account and
disbursed in accordance with applicable guidelines; and
4. Confirming compliance with: Grant Assurances; information provided on
performance reports and payment requests; and needs and threat assessments and
strategies.
(b) SUBRECIPIENT is responsible for monitoring and auditing the grant activities of any
subgrantee, contractor or other entity receiving Grant Funds through or from SUBRECIPIENT. This
requirement includes but is not limited to mandatory on-site verification visits.
(c) If after any monitoring review, the DHS or Cal OES makes findings that require a
Corrective Action Plan by SUBRECIPIENT, the City shall place a hold on all Reimbursement Requests
from SUBRECIPIENT until the findings are resolved.
3.10 Disbursement Procedures. San Francisco shall disburse Grant Funds to SUBRECIPIENT as
follows:
(a) SUBRECIPIENT shall submit to the UASI Management Team, in the manner specified
for notices pursuant to Article 9, a document ("Reimbursement Request") substantially in the form
attached as Appendix C, attached hereto and incorporated by reference as though fully set forth herein.
The UASI Management Team shall serve as the primary contact for SUBRECIPIENT regarding any
Reimbursement Request.
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 17 of 165
FY 23 UASI – City of Gilroy Page 8 of 21 July 15, 2025
(b) The UASI Management Team will review all Reimbursement Requests for compliance
with this Agreement and all applicable guidelines and requirements. The UASI Management Team will
return to SUBRECIPIENT any Reimbursement Request that is submitted and not approved by the UASI
Management Team, with a brief statement of the reason for the rejection of the Reimbursement Request.
(c) The UASI Management Team will submit any Reimbursement Request that is approved
by the UASI Management Team to DEM. City through DEM shall review the Reimbursement Request
for compliance with this Agreement and all applicable guidelines and requirements. City shall return to
the UASI Management Team any Reimbursement Request that is not approved by City, with a brief
explanation of the reason for the rejection of the Reimbursement Request.
(d) If a rejection relates only to a portion of the expenditures itemized in any Reimbursement
Request, City shall have no obligation to disburse any Grant Funds for any other expenditures itemized in
such Reimbursement Request unless and until SUBRECIPIENT submits a Reimbursement Request that is
in all respects acceptable to the UASI Management Team and to City.
(e) If SUBRECIPIENT is not in compliance with any provision of this Agreement, City may
withhold disbursement of Grant Funds until SUBRECIPIENT has taken corrective action and currently
complies with all terms and conditions of the Agreement.
3.11 Disallowance. SUBRECIPIENT agrees that if it claims or receives reimbursement from City for
an expenditure that is later disallowed by the State of California or the federal government,
SUBRECIPIENT shall promptly refund the disallowed amount to City upon City’s written request. At its
option, City may offset all or any portion of the disallowed amount against any other payment due to
SUBRECIPIENT hereunder or under any other Agreement with SUBRECIPIENT. Any such offset with
respect to a portion of the disallowed amount shall not release SUBRECIPIENT from SUBRECIPIENT’s
obligation hereunder to refund the remainder of the disallowed amount.
3.12 Sustainability. Grant Funded programs that contain continuing personnel and operating
expenses, over and above planning and implementation costs, must be sustained once the Grant Funding
ends. If Equipment is purchased with grant funds the equipment must be sustained through the useful life
of equipment. By executing this Agreement, SUBRECIPIENT acknowledges its responsibility and agrees
to sustain continuing programs beyond the Grant Funding period. SUBRECIPIENT acknowledges and
agrees that this sustainability requirement is a material term of the Agreement.
3.13 EHP Requirements.
(a) Grant Funded projects must comply with the federal Environmental and Historic
Preservation ("EHP") program. SUBRECIPIENT shall not initiate any project with the potential to impact
environmental or historic properties or resources until Cal OES and FEMA have completed EHP reviews
and approved the project. Examples of projects that may impact EHP resources include: communications
towers, physical security enhancements, new construction, and modifications to buildings, structures and
objects that are 50 years old or greater. SUBRECIPIENT shall notify the UASI Management Team of
any project that may require an EHP review. SUBRECIPIENT agrees to provide detailed project
information to FEMA, Cal OES and/or the UASI Management Team, to cooperate fully in the review,
and to prepare any documents requested for the review. SUBRECIPIENT shall comply with all
conditions placed on the project as the result of the EHP review, and implement any treatment or
mitigation measures deemed necessary to address potential adverse impacts. With prior approval of the
UASI Management Team, SUBRECIPIENT may use Grant Funds toward the costs of preparing
documents and/or implementing treatment or mitigation measures. Any change to the approved project
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 18 of 165
FY 23 UASI – City of Gilroy Page 9 of 21 July 15, 2025
scope of work will require re-evaluation for compliance with EHP requirements. If ground disturbing
activities occur during project implementation, SUBRECIPIENT shall notify the UASI Management
Team and ensure monitoring of ground disturbance. If any potential archeological resources are
discovered, SUBRECIPIENT shall immediately cease construction in that area and notify the UASI
Management Team, which will notify the appropriate State Historic Preservation Office. If
SUBRECIPIENT is using Grant Funds for a communication tower project, SUBRECIPIENT shall
complete its Federal Communication Commission (“FCC”) EHP process before preparing its Cal
OES/FEMA EHP materials, and shall include the FCC EHP materials in the Cal OES/FEMA submission.
(b) Any construction or other project that SUBRECIPIENT initiates without the necessary
EHP review and approval will not be eligible for reimbursement. Failure of SUBRECIPIENT to meet
federal, State, and local EHP requirements, obtain applicable permits, or comply with any conditions that
may be placed on the project as the result of FEMA’s and/or Cal OES's EHP review will result in the
denial of Reimbursement Requests.
3.14 National Energy Conservation Policy and Energy Policy Acts. SUBRECIPIENT shall
comply with the following requirements:
(a) Grant Funds may not be used in contravention of the Federal buildings performance and
reporting requirements of Executive Order 13123, part 3 of Title V of the National Energy Conservation
Policy Act (42 USC §8251 et seq.), or Subtitle A of Title I of the Energy Policy Act of 2005; and
(b) Grant Funds may not be used in contravention of Section 303 of the Energy Policy Act of
1992 (42 USC §13212).
3.15 Royalty-Free License. SUBRECIPIENT understands and agrees that FEMA reserves a royalty-
free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and authorize others to
use, for federal government purposes: (a) the copyright in any work developed using Grant Funds; and (b)
any rights of copyright that SUBRECIPIENT purchases or acquires using Grant Funds. SUBRECIPIENT
shall consult with the UASI Management Team and FEMA regarding the allocation of any patent rights
that arise from, or are purchased with, Grant Funds.
3.16 Publication Statements. SUBRECIPIENT shall ensure that all publications created or developed
under this Agreement prominently contain the following statement: “This document was prepared under a
grant from the Federal Emergency Management Agencies Grant Programs Directorate (FEMA/GPD)
within the US Department of Homeland Security. Points of view or opinions expressed in this document
are those of the authors and do not necessarily represent the official position or policies of FEMA/GPD or
the US Department of Homeland Security.”
ARTICLE 4
REPORTING REQUIREMENTS; AUDITS
4.1 Regular Reports. SUBRECIPIENT shall provide, in a prompt and timely manner, financial,
operational and other reports, as requested by the UASI Management Team or by City, in form and
substance satisfactory to the UASI Management Team or City. Such reports, including any copies, shall
be submitted on recycled paper and printed on double-sided pages, to the maximum extent possible.
4.2 Notification of Defaults or Changes in Circumstances. SUBRECIPIENT shall notify the
UASI Management Team and City immediately of (a) any Event of Default or event that, with the
passage of time, would constitute an Event of Default; (b) any change of circumstances that would cause
any of the representations or warranties contained in Article 5 to be false or misleading at any time during
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 19 of 165
FY 23 UASI – City of Gilroy Page 10 of 21 July 15, 2025
the term of this Agreement; and (c) any change of circumstances or events that would cause
SUBRECIPIENT to be out of compliance with the Grant Assurances in Appendix B.
4.3 Books and Records. SUBRECIPIENT shall establish and maintain accurate files and records of
all aspects of the Grant Plan and the matters funded in whole or in part with Grant Funds. Without
limiting the scope of the foregoing, SUBRECIPIENT shall establish and maintain accurate financial
books and accounting records relating to Authorized Expenditures and to Grant Funds received and
expended under this Agreement, together with all invoices, documents, payrolls, time records and other
data related to the matters covered by this Agreement, whether funded in whole or in part with Grant
Funds. SUBRECIPIENT shall maintain all of the files, records, books, invoices, documents, payrolls and
other data required to be maintained under this Section in a readily accessible location and condition for a
period of not less than three (3) years after expiration of this Agreement or until any final audit by Cal
OES has been fully completed, whichever is later.
4.4 Inspection and Audit. SUBRECIPIENT shall make available to the UASI Management Team
and to City, and to UASI Management Team and City employees and authorized representatives, during
regular business hours, all of the files, records, books, invoices, documents, payrolls and other data
required to be established and maintained by SUBRECIPIENT under Section 4.3, and allow access and
the right to examine those items. SUBRECIPIENT shall permit the UASI Management Team and City,
and UASI Management Team and City employees and authorized representatives, to inspect, audit,
examine and make excerpts and transcripts from any of the foregoing. The rights of the UASI
Management Team and City pursuant to this Section shall remain in effect so long as SUBRECIPIENT
has the obligation to maintain such files, records, books, invoices, documents, payrolls and other data
under this Article 4. The DHS, the Comptroller General of the United States or designee, and Cal OES
shall have the same inspection and audit rights as the City and UASI Management Team.
SUBRECIPIENT shall cooperate with any federal or state audit.
4.5 Audit Report. If the amount specified in Section 3.2 of this agreement is $750,000 or more,
SUBRECIPIENT shall submit an organization-wide financial and compliance audit report. The audit
must be performed in accordance with GAO’s Government Auditing Standards, and 2 CFR Part 200
Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. SUBRECIPIENT shall submit its audit report to the UASI Management Team no later than six
months after the end of SUBRECIPIENT’s fiscal year.
ARTICLE 5
REPRESENTATIONS AND WARRANTIES
SUBRECIPIENT represents and warrants each of the following as of the date of this Agreement and at all
times throughout the term of this Agreement:
5.1 No Misstatements. No document furnished or to be furnished by SUBRECIPIENT to the UASI
Management Team or to City in connection with this Agreement, any Reimbursement Request or any
other document relating to any of the foregoing, contains or will contain any untrue statement of material
fact or omits or will omit a material fact necessary to make the statements contained therein not
misleading, under the circumstances under which any such statement shall have been made.
5.2 Eligibility to Receive Federal Funds. By executing this Agreement, SUBRECIPIENT certifies
that it is eligible to receive federal funds, and specifically certifies as follows:
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 20 of 165
FY 23 UASI – City of Gilroy Page 11 of 21 July 15, 2025
(a) SUBRECIPIENT is not suspended, debarred or otherwise excluded from participation in
federal assistance programs, as required by Executive Order 12549 and 12689, “Debarment and
Suspension” and implemented at 2 CFR Part 3000.
(b) SUBRECIPIENT complies with 31 U.S.C. §1352, Limitation on use of appropriated funds
to influence federal contracting and financial transactions, as implemented at 44 CFR Part 18 and 6 CFR
Part 9.
(c) SUBRECIPIENT complies with the Drug-Free Workplace Act of 1988, as amended, 41
U.S.C. §701 et seq., as implemented in 2 CFR Part 3001, and will continue to provide a drug-free
workplace as required under that Act and implementing regulations.
(d) SUBRECIPIENT is not delinquent in the repayment of any federal debt. See OMB
Circular A-129.
SUBRECIPIENT acknowledges that these certifications of eligibility to receive federal funds are material
terms of the Agreement.
5.3 NIMS Compliance. To be eligible to receive Grant Funds, SUBRECIPIENT must meet National
Incident Management System ("NIMS") compliance requirements, and report full NIMS compliance via
the National Incident Management System Capability Assessment Support Tool ("NIMSCAST"). By
executing this Agreement, SUBRECIPIENT certifies that it is in full NIMS compliance, and that it has
reported that compliance via the NIMSCAST. SUBRECIPIENT shall provide documentation of its
NIMS compliance to the UASI Management Team. SUBRECIPIENT acknowledges that this
certification is a material term of the Agreement.
ARTICLE 6
INDEMNIFICATION AND GENERAL LIABILITY
6.1 Indemnification. SUBRECIPIENT shall indemnify, protect, defend and hold harmless each of
the Indemnified Parties from and against any and all Losses arising from, in connection with or caused by
SUBRECIPIENT’s performance of this Agreement, including, but not limited to, the following: (a) a
material breach of this Agreement SUBRECIPIENT; (b) a material breach of any representation or
warranty of SUBRECIPIENT contained in this Agreement; (c) any personal injury or death caused,
directly or indirectly, by any act or omission of SUBRECIPIENT or its employees, subgrantees or agents;
(d) any loss of or damage to property caused, directly or indirectly, by any act or omission of
SUBRECIPIENT or its employees, subgrantees or agents; (e) the use, misuse or failure of any equipment
or facility used by SUBRECIPIENT, or by any of its employees, subgrantees or agents, regardless of
whether such equipment or facility is furnished, rented or loaned to SUBRECIPIENT by an Indemnified
Party; (f) any tax, fee, assessment or other charge for which SUBRECIPIENT is responsible under
Section 10.4; or (g) any infringement of patent rights, copyright, trade secret or any other proprietary right
or trademark of any person or entity in consequence of the use by any Indemnified Party of any goods or
services furnished by SUBRECIPIENT or its employees, subgrantees or agents to such Indemnified Party
in connection with this Agreement. The foregoing indemnity shall include, without limitation, reasonable
fees of attorneys, consultants and experts and related costs and San Francisco’s costs of investigating any
claims against San Francisco.
6.2 Duty to Defend; Notice of Loss. SUBRECIPIENT acknowledges and agrees that its obligation
to defend the Indemnified Parties under Section 6.1: (a) is an immediate obligation, independent of its
other obligations hereunder; (b) applies to any Loss which actually or potentially falls within the scope of
Section 6.1, regardless of whether the allegations asserted in connection with such Loss are or may be
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 21 of 165
FY 23 UASI – City of Gilroy Page 12 of 21 July 15, 2025
groundless, false or fraudulent; and (c) arises at the time the Loss is tendered to SUBRECIPIENT by the
Indemnified Party and continues at all times thereafter. The Indemnified Party shall give
SUBRECIPIENT prompt notice of any Loss under Section 6.1 and SUBRECIPIENT shall have the right
to defend, settle and compromise any such Loss; provided, however, that the Indemnified Party shall have
the right to retain its own counsel at the expense of SUBRECIPIENT if representation of such
Indemnified Party by the counsel retained by SUBRECIPIENT would be inappropriate due to conflicts of
interest between such Indemnified Party and SUBRECIPIENT. An Indemnified Party's failure to notify
SUBRECIPIENT promptly of any Loss shall not relieve SUBRECIPIENT of any liability to such
Indemnified Party pursuant to Section 6.1, unless such failure materially impairs SUBRECIPIENT’s
ability to defend such Loss. SUBRECIPIENT shall seek the Indemnified Party's prior written consent to
settle or compromise any Loss if SUBRECIPIENT contends that such Indemnified Party shares in
liability with respect thereto.
6.3 Incidental and Consequential Damages. Losses covered under this Article 6 shall include any
and all incidental and consequential damages resulting in whole or in part from SUBRECIPIENT’s acts
or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that any
Indemnified Party may have under applicable law with respect to such damages.
6.4 LIMITATION ON LIABILITY OF SAN FRANCISCO. CITY’S OBLIGATIONS UNDER
THIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF GRANT FUNDS
ACTUALLY DISBURSED HEREUNDER. NOTWITHSTANDING ANY OTHER PROVISION
CONTAINED IN THIS AGREEMENT OR ANY OTHER DOCUMENT OR COMMUNICATION
RELATING TO THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF
WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE GRANT FUNDS, THE
GRANT PLAN OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS AGREEMENT.
ARTICLE 7
EVENTS OF DEFAULT AND REMEDIES; TERMINATION FOR CONVENIENCE
7.1 Events of Default. The occurrence of any one or more of the following events shall constitute an
"Event of Default" under this Agreement:
(a) False Statement. Any statement, representation, certification or warranty contained in
this Agreement, in any Reimbursement Request, or in any other document submitted to the UASI
Management Team or to City under this Agreement is found by the UASI Management Team or by City
to be false or misleading.
(b) Failure to Perform Other Covenants. SUBRECIPIENT fails to perform or breaches
any provision or covenant of this Agreement to be performed or observed by SUBRECIPIENT as and
when performance or observance is due and such failure or breach continues for a period of ten (10) days
after the date on which such performance or observance is due.
(c) Failure to Comply with Applicable Laws. SUBRECIPIENT fails to perform or
breaches any of the terms or provisions of Article 12.
(d) Voluntary Insolvency. SUBRECIPIENT (i) is generally not paying its debts as they
become due, (ii) files, or consents by answer or otherwise to the filing against it of, a petition for relief or
reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage
of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction, (iii) makes an assignment
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 22 of 165
FY 23 UASI – City of Gilroy Page 13 of 21 July 15, 2025
for the benefit of its creditors, (iv) consents to the appointment of a custodian, receiver, trustee or other
officer with similar powers of SUBRECIPIENT or of any substantial part of SUBRECIPIENT’s property
or (v) takes action for the purpose of any of the foregoing.
(e) Involuntary Insolvency. Without consent by SUBRECIPIENT, a court or government
authority enters an order, and such order is not vacated within ten (10) days, (i) appointing a custodian,
receiver, trustee or other officer with similar powers with respect to SUBRECIPIENT or with respect to
any substantial part of SUBRECIPIENT’s property, (ii) constituting an order for relief or approving a
petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation
or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction or
(iii) ordering the dissolution, winding-up or liquidation of SUBRECIPIENT.
7.2 Remedies upon Event of Default. Upon and during the continuance of an Event of Default, City
may do any of the following, individually or in combination with any other remedy:
(a) Termination. City may terminate this Agreement by giving a written termination notice
to SUBRECIPIENT and, on the date specified in such notice, this Agreement shall terminate and all
rights of SUBRECIPIENT hereunder shall be extinguished. In the event of such termination, City will
pay SUBRECIPIENT for Authorized Expenditures in any Reimbursement Request that was submitted
and approved by the UASI Management Team and by City prior to the date of termination specified in
such notice.
(b) Withholding of Grant Funds. City may withhold all or any portion of Grant Funds not
yet disbursed hereunder, regardless of whether SUBRECIPIENT has previously submitted a
Reimbursement Request or whether the UASI Management Team and/or City has approved the
disbursement of the Grant Funds requested in any Reimbursement Request. Any Grant Funds withheld
pursuant to this Section and subsequently disbursed to SUBRECIPIENT after cure of applicable Events
of Default shall be disbursed without interest.
(c) Return of Grant Funds. City may demand the immediate return of any previously
disbursed Grant Funds that have been claimed or expended by SUBRECIPIENT in breach of the terms of
this Agreement, together with interest thereon from the date of disbursement at the maximum rate
permitted under applicable law.
7.3 Termination for Convenience.
(a) City shall have the option, in its sole discretion, to terminate this Agreement, at any time
during the term hereof, for convenience and without cause. City shall exercise this option by giving
SUBRECIPIENT written notice of termination. The notice shall specify the date on which termination
shall become effective.
(b) Upon receipt of the notice, SUBRECIPIENT shall commence and perform, with
diligence, all actions necessary on the part of SUBRECIPIENT to effect the termination of this
Agreement on the date specified by City and to minimize the liability of SUBRECIPIENT and City to
third parties as a result of termination. All such actions shall be subject to the prior approval of the UASI
Management Team.
(c) Within 30 days after the specified termination date, SUBRECIPIENT shall submit to the
UASI Management Team an invoice for all Authorized Expenses incurred through the termination date.
For Authorized Expenses incurred after receipt of the notice of termination, City will only reimburse
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 23 of 165
FY 23 UASI – City of Gilroy Page 14 of 21 July 15, 2025
SUBRECIPIENT if the Authorized Expenses received prior approval from the UASI Management Team
as specified in subparagraph (b).
(d) In no event shall City be liable for costs incurred by SUBRECIPIENT or any of its
contractors or subgrantees after the termination date specified by City.
(e) City’s payment obligation under this Section shall survive termination of this Agreement.
7.4 Remedies Nonexclusive. Each of the remedies provided for in this Agreement may be exercised
individually or in combination with any other remedy available hereunder or under applicable laws, rules
and regulations. The remedies contained herein are in addition to all other remedies available to City at
law or in equity by statute or otherwise and the exercise of any such remedy shall not preclude or in any
way be deemed to waive any other remedy.
ARTICLE 8
ASSIGNMENTS
8.1 No Assignment by SUBRECIPIENT. SUBRECIPIENT shall not, either directly or indirectly,
assign, transfer, hypothecate, subcontract or delegate all or any portion of this Agreement or any rights,
duties or obligations of SUBRECIPIENT hereunder without the prior written consent of the UASI
Management Team; provided, however, that any contractor or subgrantee specifically referenced in
Appendix A shall not require the consent of Management Team. This Agreement shall not, nor shall any
interest herein, be assignable as to the interest of SUBRECIPIENT involuntarily or by operation of law
without the prior written consent of City. A change of ownership or control of SUBRECIPIENT or a sale
or transfer of substantially all of the assets of SUBRECIPIENT shall be deemed an assignment for
purposes of this Agreement.
8.2 Agreement Made in Violation of this Article. Any agreement made in violation of Section 8.1
shall confer no rights on any person or entity and shall automatically be null and void.
8.3 SUBRECIPIENT Retains Responsibility. SUBRECIPIENT shall in all events remain liable for
the performance by any subgrantee contractor, or assignee of all of the covenants, terms and conditions in
this Agreement.
ARTICLE 9
NOTICES AND OTHER COMMUNICATIONS
9.1 Requirements. Unless otherwise specifically provided herein, all notices, consents, directions,
approvals, instructions, requests and other communications hereunder shall be in writing, shall be
addressed to the person and address set forth below and shall be (a) deposited in the U.S. mail, first class,
certified with return receipt requested and with appropriate postage, (b) hand delivered or (c) sent via e-
mail:
If to San Francisco:
San Francisco Department of Emergency Management
City Hall - 1 Dr Carlton B Goodlett Pl, Room 344
San Francisco, CA 94102
Attn: Mary Ellen Carroll, Executive Director
maryellen.carroll@sfgov.org
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 24 of 165
FY 23 UASI – City of Gilroy Page 15 of 21 July 15, 2025
If to the UASI Management Team:
UASI Management Team
1663 Mission Street, Suite #320
San Francisco, CA 94103
Attn: Mikyung Kim-Molina, Interim General Manager
mikyung.kim-molina@sfgov.org
If to SUBRECIPIENT:
City of Gilroy
7351 Rosanna Street
Gilroy, Ca, 95020
Attn: Jimmy Forbis, City Administrator
Jimmy.Forbis@cityofgilroy.org
9.2 Effective Date. All communications sent in accordance with Section 9.1 shall become effective
on the date of receipt. Such date of receipt shall be determined by: (a) if mailed, the return receipt,
completed by the U.S. postal service; (b) if sent via hand delivery, a receipt executed by a duly authorized
agent of the party to whom the notice was sent; or (c) if sent via email, with the sender using the receipt
notice feature.
9.3 Change of Address. From time to time any party hereto may designate a new address or
recipient for notice for purposes of this Article 9 by written notice to the other party and the UASI
Management Team.
ARTICLE 10
MISCELLANEOUS
10.1 No Waiver. No waiver by San Francisco of any default or breach of this Agreement shall be
implied from any failure by the UASI Management Team or San Francisco to take action on account of
such default if such default persists or is repeated. No express waiver by San Francisco shall affect any
default other than the default specified in the waiver and shall be operative only for the time and to the
extent therein stated. Waivers by San Francisco of any covenant, term or condition contained herein shall
not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The
consent or approval by the UASI Management Team or San Francisco of any action requiring further
consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of
any subsequent similar act.
10.2 Modification. This Agreement may not be modified, nor may compliance with any of its terms
be waived, except by written instrument executed and approved in the same manner as this Agreement;
provided, however, that the General Manager or designee may establish alternate procedures for
modification of the Appendix A and the Grant Plan.
10.3 Governing Law; Venue. The formation, interpretation and performance of this Agreement shall
be governed by the laws of the State of California, without regard to its conflict of laws principles. Venue
for all litigation relative to the formation, interpretation and performance of this Agreement shall be in
San Francisco.
10.4 SUBRECIPIENT to Pay All Taxes. SUBRECIPIENT shall pay to the appropriate
governmental authority, as and when due, any and all taxes, fees, assessments or other governmental
charges, including possessory interest taxes and California sales and use taxes, levied upon or in
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 25 of 165
FY 23 UASI – City of Gilroy Page 16 of 21 July 15, 2025
connection with this Agreement, the Grant Plan, the Grant Funds or any of the activities contemplated by
this Agreement.
10.5 Headings. All article and section headings and captions contained in this Agreement are for
reference only and shall not be considered in construing this Agreement.
10.6 Entire Agreement. This Agreement sets forth the entire Agreement between the parties, and
supersedes all other oral or written provisions. The following Appendices are attached to and a part of
this Agreement:
• Appendix A, Authorized Expenditures and Timelines
• Appendix B, Grant Assurances
• Appendix C, Form of Reimbursement Request
10.7 Certified Resolution of Signatory Authority. Upon request of San Francisco, SUBRECIPIENT
shall deliver to San Francisco a copy of the corporate resolution(s) authorizing the execution, delivery and
performance of this Agreement, certified as true, accurate and complete by the appropriate authorized
representative of SUBRECIPIENT.
10.8 Severability. Should the application of any provision of this Agreement to any particular facts or
circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the
validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such
provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and
shall be reformed without further action by the parties to the extent necessary to make such provision
valid and enforceable.
10.9 Successors; No Third-Party Beneficiaries. Subject to the terms of Article 8, the terms of this
Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their successors and
assigns. Nothing in this Agreement, whether express or implied, shall be construed to give any person or
entity (other than the parties hereto and their respective successors and assigns and, in the case of
Article 6, the Indemnified Parties) any legal or equitable right, remedy or claim under or in respect of this
Agreement or any covenants, conditions or provisions contained herein.
10.10 Survival of Terms. The obligations of SUBRECIPIENT and the terms of the following
provisions of this Agreement shall survive and continue following expiration or termination of this
Agreement: Sections 4.3 and 4.4, Article 6, this Article 10, and the Grant Assurances of Appendix B.
10.11 Further Assurances. From and after the date of this Agreement, SUBRECIPIENT agrees to do
such things, perform such acts, and make, execute, acknowledge and deliver such documents as may be
reasonably necessary or proper and usual to complete the transactions contemplated by this Agreement
and to carry out the purpose of this Agreement in accordance with this Agreement.
10.12 Disclosure of Subawards and Executive Compensation. Pursuant to the Federal Funding
Accountability and Transparency Act (FFATA) (P.L. 109-282) as amended by Section 6202(a) of the
Government Funding Transparency Act of 2008 (P.L. 110-252), full disclosure to the public of entities or
organizations receiving federal funds is now required. As defined by the Office of Management and
Budget (OMB), all new Federal awards of $25,000 or more as of October 1, 2010, are subject to FFATA
reporting requirements. The Transparency Act definition of “Federal awards” includes not only prime
awards for grantees, cooperators, and contractors, but also awards to sub-recipients. If applicable,
SUBRECIPIENT must provide the following information on SUBRECIPIENT letterhead within 30 days
of receipt of this Agreement.
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 26 of 165
FY 23 UASI – City of Gilroy Page 17 of 21 July 15, 2025
1. Subawards greater than $25,000:
a) Name of entity receiving award;
b) Amount of award;
c) Funding agency;
d) The Catalog of Federal Domestic Assistance program number;
e) Award title (descriptive of the purpose of the funding action);
f) Location of the entity and primary location of performance including city, state, and
Congressional district;
g) Dun & Bradstreet (D&B) DUNS Number of the entity, and its parent if applicable; and,
h) Total compensation and names of top five executives (same thresholds as for prime
recipients).
2. The Total compensation and names of the top five executives if:
a) 80% or more of annual gross revenues are from Federal awards (contracts, sub-contracts
and Federal financial assistance), and $25,000,000 or more in annual gross revenues from
Federal awards; and,
b) Compensation information is not already available through reporting to the Securities and
Exchange Commission.
10.13 Cooperation with UASI Programs and Activities.
(a) Subject to reasonable terms and conditions, SUBRECIPIENT agrees to participate in
UASI-sponsored exercises, and to make available equipment acquired with Grant Funds for use as part of
such exercises.
(b) To the extent permitted by law, SUBRECIPIENT agrees to share with the Approval
Authority informational work products (such as plans, reports, data, etc.) created or acquired using Grant
Funds.
(c) SUBRECIPIENT agrees to provide input towards the development of the regional
Threat and Hazard Identification and Risk Assessment (THIRA) and Stakeholder Preparedness Review
(SPR) as requested by UASI.
(d) SUBRECIPIENT agrees to complete the 2024 Nationwide Cybersecurity Review
(NCSR), enabling agencies to benchmark and measure progress of improving their cybersecurity posture.
The Chief Information Officer (CIO), Chief Information Security Officer (CISO) or equivalent for each
recipient should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity
professional should complete the assessment.
(e) SUBRECIPIENT agrees to provide a preference for the purchase of goods, products or
materials produced in the United States in accordance with 2 CFR Part 200, Section 322.
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 27 of 165
FY 23 UASI – City of Gilroy Page 18 of 21 July 15, 2025
ARTICLE 11
INSURANCE
11.1 Types and Amounts of Coverage. Without limiting SUBRECIPIENT’s liability pursuant to
Article 6 of this Agreement, SUBRECIPIENT shall maintain in force, during the full term of the
Agreement, insurance in the following amounts and coverages:
(a) Workers’ Compensation, in statutory amounts, with Employers’ Liability Limits not less
than $1,000,000 each accident, injury, or illness; and
(b) Commercial General Liability Insurance with limits not less than $1,000,000 each
occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability,
Personal Injury, Products and Completed Operations; and
(c) Commercial Automobile Liability Insurance with limits not less than $1,000,000 each
occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non-Owned
and Hired auto coverage, as applicable.
11.2 Additional Requirements for General and Automobile Coverage. Commercial General
Liability and Commercial Automobile Liability Insurance policies must be endorsed to provide:
(a) Name as Additional Insured the City and County of San Francisco, its Officers, Agents,
and Employees.
(b) That such policies are primary insurance to any other insurance available to the
Additional Insureds, with respect to any claims arising out of this Agreement, and that insurance applies
separately to each insured against whom claim is made or suit is brought.
11.3 Additional Requirements Regarding Workers' Compensation. Regarding Workers’
Compensation, SUBRECIPIENT hereby agrees to waive subrogation which any insurer of
SUBRECIPIENT may acquire from SUBRECIPIENT by virtue of the payment of any loss.
SUBRECIPIENT agrees to obtain any endorsement that may be necessary to effect this waiver of
subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of
the City for all work performed by the SUBRECIPIENT, its employees, agents and subcontractors.
11.4 Additional Requirements for All Policies. All policies shall provide thirty days’ advance
written notice to the City of reduction or nonrenewal of coverages or cancellation of coverages for any
reason. Notices shall be sent to the City address in Article 9, Notices and Other Communications.
11.5 Required Post-Expiration Coverage. Should any of the required insurance be provided under a
claims-made form, SUBRECIPIENT shall maintain such coverage continuously throughout the term of this
Agreement and, without lapse, for a period of three years beyond the expiration of this Agreement, to the
effect that, should occurrences during the Agreement term give rise to claims made after expiration of the
Agreement, such claims shall be covered by such claims-made policies.
11.6 General Annual Aggregate Limit/Inclusion of Claims Investigation or Legal Defense Costs.
Should any of the required insurance be provided under a form of coverage that includes a general annual
aggregate limit or provides that claims investigation or legal defense costs be included in such general
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 28 of 165
FY 23 UASI – City of Gilroy Page 19 of 21 July 15, 2025
annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits
specified above.
11.7 Lapse in Insurance. Should any required insurance lapse during the term of this Agreement,
requests for reimbursement originating after such lapse may not be processed, in the City's sole discretion,
until the City receives satisfactory evidence of reinstated coverage as required by this Agreement, effective
as of the lapse date. If insurance is not reinstated, the City may, at its sole option, terminate this Agreement
effective on the date of such lapse of insurance.
11.8 Evidence of Insurance. Before commencing any operations or expending any Grant Funds under
this Agreement, SUBRECIPIENT shall furnish to City certificates of insurance and additional insured
policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do
business in the State of California, and that are satisfactory to City, in form evidencing all coverages set
forth above. Failure to maintain insurance shall constitute a material breach of this Agreement.
11.9 Effect of Approval. Approval of the insurance by City shall not relieve or decrease the liability
of SUBRECIPIENT hereunder.
11.10 Insurance for Subcontractors and Evidence of this Insurance. If a subcontractor or
subgrantee will be used to complete any portion of this Agreement, SUBRECIPIENT shall ensure that the
subcontractor or subgrantee shall provide all necessary insurance and shall name the City and County of
San Francisco, its officers, agents and employees and the SUBRECIPIENT as additional insureds.
11.11 Authority to Self-Insure. Nothing in this Agreement shall preclude SUBRECIPIENT from self-
insuring all or part of the insurance requirement in this Article. However, SUBRECIPIENT shall provide
proof of self-insurance, in a form acceptable to San Francisco, in the amounts of each line of self-insurance.
ARTICLE 12
COMPLIANCE
12.1 Nondiscrimination. In the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee, San Francisco employee working with SUBRECIPIENT or any
subgrantee of SUBRECIPIENT, applicant for employment with SUBRECIPIENT or subgrantee of
SUBRECIPIENT, or against any person seeking accommodations, advantages, facilities, privileges,
services, or membership in all business, social, or other establishments or organizations, on the basis of
the fact or perception of a person’s race, color, creed, religion, national origin, ancestry, age, height,
weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or
Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with members
of such protected classes, or in retaliation for opposition to discrimination against such classes.
12.2 Conflict of Interest. Through its execution of this Agreement, SUBRECIPIENT acknowledges
that it is familiar with the provisions of Section 87100 et seq. and Section 1090 et seq. of the Government
Code of the State of California, and certifies that it does not know of any facts which constitutes a
violation of said provisions and agrees that it will immediately notify City if it becomes aware of any
such fact during the term of this Agreement. SUBRECIPIENT agrees that it will promptly notify City in
writing of all violations of State or Federal criminal law involving fraud, bribery, or gratuities affecting or
involving the use of Grant Funds.
12.3 Compliance with ADA. SUBRECIPIENT acknowledges that, pursuant to the ADA, programs,
services and other activities provided by a public entity to the public, whether directly or through a
grantee or contractor, must be accessible to the disabled public. SUBRECIPIENT shall not discriminate
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 29 of 165
FY 23 UASI – City of Gilroy Page 20 of 21 July 15, 2025
against any person protected under the ADA in connection with all or any portion of the Grant Plan and
shall comply at all times with the provisions of the ADA.
12.4 Prohibition on Political Activity with City Funds. In accordance with San Francisco
Administrative Code Chapter 12G, SUBRECIPIENT may not participate in, support, or attempt to
influence any political campaign for a candidate or for a ballot measure (collectively, “Political Activity”)
in the performance of the services provided under this Agreement. SUBRECIPIENT agrees to comply
with San Francisco Administrative Code Chapter 12G and any implementing rules and regulations
promulgated by San Francisco’s Controller. The terms and provisions of Chapter 12G are incorporated
herein by this reference. In the event Contractor violates the provisions of this section, San Francisco
may, in addition to any other rights or remedies available hereunder, (i) terminate this Agreement, and
(ii) prohibit SUBRECIPIENT from bidding on or receiving any new City contract for a period of two (2)
years. The Controller will not consider SUBRECIPIENT’s use of profit as a violation of this section.
12.5 Submitting False Claims; Monetary Penalties. Pursuant to San Francisco Administrative
Code §21.35, any contractor, subcontractor or consultant who submits a false claim shall be liable to the
City for the statutory penalties set forth in that section. A contractor, subcontractor or consultant will be
deemed to have submitted a false claim to the City if the contractor, subcontractor or consultant: (a)
knowingly presents or causes to be presented to an officer or employee of the City a false claim or request
for payment or approval; (b) knowingly makes, uses, or causes to be made or used a false record or
statement to get a false claim paid or approved by the City; (c) conspires to defraud the City by getting a
false claim allowed or paid by the City; (d) knowingly makes, uses, or causes to be made or used a false
record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to
the City; or (e) is a beneficiary of an inadvertent submission of a false claim to the City, subsequently
discovers the falsity of the claim, and fails to disclose the false claim to the City within a reasonable time
after discovery of the false claim.
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 30 of 165
FY 23 UASI – City of Gilroy Page 21 of 21 July 15, 2025
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the
date first specified herein.
CITY AND COUNTY OF SAN FRANCISCO:
SAN FRANCISCO DEPARTMENT OF
EMERGENCY MANAGEMENT
By:
MIKYUNG KIM-MOLINA
INTERIM GENERAL MANAGER, BAY AREA
UASI ON BEHALF OF
MARY ELLEN CARROLL
EXECUTIVE DIRECTOR, SAN FRANCISCO
DEPARTMENT OF EMERGENCY
MANAGEMENT
Approved as to Form:
David Chiu
City Attorney
By: __________________________________
CHRISTINA FLETES-ROMO
DEPUTY CITY ATTORNEY
CITY OF GILROY
By:
JIMMY FORBIS
CITY ADMINISTRATOR
Federal Tax ID #: 94-6000340
Attachments:
Appendix A- Authorized Expenditures and Timelines
Appendix B- Grant Assurances
Appendix C- Form of Reimbursement Request
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80F
7/16/20257/16/2025
7/21/2025
Docusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
City Clerk
Kim Mancera
7/24/2025
Attest:
Page 31 of 165
FY 23 UASI – City of Gilroy A-1 July 15, 2025
Appendix A — Authorized Expenditures and Timelines
ENTITY: City of Gilroy
Total allocation to be spent on the following solution areas:
Webgrants Grants
Number Program Description Due Dates
Solution Areas Amount
Project Title:
Community Emergency Response Team (CERT) Equipment
26940 Funds to purchase equipment Citizen Corps
Project
Completion date:
12/31/2025
Solution Area (e.g.
Equipment etc.):
AEL# 21GN-00-CCEQ
PROJECT
NOT TO
EXCEED
$20,000
TOTAL
ALLOCATION
TOTAL NOT
TO EXCEED:
$20,000
PLANNING
Reimbursement for Planning Requires:
• Personnel – Prior to any expenditure for personnel, SUBRECIPIENT must submit completed job descriptions to the UASI
detailing the planning activities the personnel will complete and the deliverables to be produced. Prior to reimbursement,
SUBRECIPIENT must submit the following: all functional time sheets, payroll documentation showing payment of salaries
and benefits, or cancelled checks; work product or certification that work was completed including a statement of completed
activities.
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 32 of 165
FY 23 UASI – City of Gilroy A-2 July 15, 2025
• Contracts – All contracts must be pre-approved by the UASI prior to execution. In addition, SUBRECIPIENT must satisfy the
following guidelines:
o Procurement of contractual services must follow local policies and procedures for competitive purchasing (provided they are
not in conflict with Federal regulations which supersede them). If sole source approval is needed, including when competitive
solicitations result in only one bid for contract more than $250,000, SUBRECIPIENT must transmit a sole source request to
the UASI for submission to the State and approval must be obtained from the State prior to making the purchase. Please note
that sole source requirements from the State may be stricter than your local sole source policy.
o The contract must have a clearly stated scope of work and deliverables, deadlines for completion of work, and a schedule of
contract payments.
o All services must be performed and paid within the grant performance period.
• Travel - travel for planning activities must be pre-approved in accordance with the Bay Area UASI Travel Policy (adopted by
the Approval Authority in August 2017) prior to scheduling. Invoices must include all backup documentation, including
conference agendas, programs, brochures, lodging receipts, per diem calculations, airfare receipts/boarding passes, mileage
calculations, other transportation receipts, and proof of payment.
ORGANIZATION
Reimbursement for Organization Requires:
• Personnel – Prior to any expenditure for personnel, SUBRECIPIENT must submit completed job descriptions to the UASI
detailing the planning activities the personnel will complete and the deliverables to be produced. Prior to reimbursement,
SUBRECIPIENT must submit the following: all functional time sheets, payroll documentation showing payment of salaries
and benefits, or cancelled checks; work product or certification that work was completed including a statement of completed
activities.
• Contracts – All contracts must be pre-approved by the UASI prior to execution. In addition, SUBRECIPIENT must satisfy the
following guidelines:
o Procurement of contractual services must follow local policies and procedures for competitive purchasing (provided they are
not in conflict with Federal regulations which supersede them). If sole source approval is needed, SUBRECIPIENT must
transmit a sole source request to the UASI for submission to the State.
o The contract must have a clearly stated scope of work and deliverables, deadlines for completion of work, and a schedule of
contract payments.
o All services must be performed and paid within the grant performance period.
• Travel - travel for planning activities must be pre-approved in accordance with the Bay Area UASI Travel Policy (adopted by
the Approval Authority in August 2017) prior to scheduling. Invoices must include all backup documentation, including
conference agendas, programs, brochures, lodging receipts, per diem calculations, airfare receipts/boarding passes, mileage
calculations, other transportation receipts, and proof of payment.
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 33 of 165
FY 23 UASI – City of Gilroy A-3 July 15, 2025
EQUIPMENT
Reimbursement for Equipment Requires:
• An approved EHP memo, if applicable.
• A performance bond is required for any equipment item that exceeds $250,000, or for any vehicle, aircraft, or watercraft,
regardless of the cost. Failure to obtain and submit a performance bond to the UASI may result in disallowance of cost.
• As allowable under Federal guidelines, procurement of equipment must follow local policies and procedures for competitive
purchasing (provided they are not in conflict with Federal regulations which supersede them). If sole source approval is
needed, including when competitive solicitations result in only one bid for contract more than $250,000, SUBRECIPIENT
must transmit the request to the UASI for request to the State and approval must be obtained by the State prior to making the
purchase. Please note that sole source requirements from the State may be stricter than your local sole source policy.
• Prior to reimbursement, SUBRECIPIENT must submit all invoices, AEL numbers, and a list of all equipment ID numbers and
the deployed locations.
• SUBRECIPIENT must inventory, type, organize and track all equipment purchased in order to facilitate the dispatch,
deployment, and recovery of resources before, during, and after an incident.
TRAINING
Reimbursement for Training Requires:
• An approved EHP memo, if applicable.
• Training course expenses may include backfill/overtime, travel, tuition, per diem or other grant eligible expenses. Grant
eligible training expenses are published in the FY 2025 Homeland Security Grant Program Guidance.
• As allowable under Federal guidelines, procurement of training must follow local policies and procedures for competitive
purchasing (provided they are not in conflict with Federal regulations which supersede them). If sole source approval is
needed, including when competitive solicitations result in only one bid- regardless of the contract amount, SUBRECIPIENT
must transmit the request to the UASI for request to the State and approval must be obtained by the State prior to making the
purchase.. Please note that sole source requirements from the State may be stricter than your local sole source policy.
• When seeking reimbursement for grant eligible training expenses, SUBRECIPIENT must submit completed ledger page
indicating course title, feedback number from the State, sub category (e.g., OT, BF, Course Development).
• Provide registration receipts and agendas.
• Provide copies of sign in sheets (must have supervisor’s signature).
EXERCISE
Reimbursement for Exercise Requires:
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 34 of 165
FY 23 UASI – City of Gilroy A-4 July 15, 2025
• An approved EHP memo, if applicable.
• An approved Food and Beverage Request from the State, if applicable.
• Exercise expenses may include backfill/overtime, travel, exercise planning, or other ancillary expenses needed to
successfully complete the exercise. Eligible exercise expenses are published in the FY 2025Homeland Security Grant
Program Guidance.
• An After Action Report (AAR) must be completed within 90 calendar days of the exercise. SUBRECIPIENT must submit a
copy of the AAR report and proof of transmittal to the HSEEP web portal with the final request for reimbursement.
SUBRECIPIENT must submit a public-facing Executive Summary of the AAR to the UASI
• Documentation of exercise participants, such as a sign-in sheet with participant contact information.
• As allowable under Federal guidelines, procurement of exercise services must follow local policies and procedures for
competitive purchasing (provided they are not in conflict with Federal regulations which supersede them). If sole source
approval is needed, including when competitive solicitations result in only one bid for contract more than $250,000,
SUBRECIPIENT must transmit the request to the UASI for request to the State and approval must be obtained by the State
prior to making the purchase. Please note that sole source requirements from the State may be stricter than your local sole
source policy
________________________________________________________________________________________________________
• All requests for reimbursements must be submitted within 30 days of project completion unless an earlier
deadline is set in this Appendix. SUBRECIPIENT should submit reimbursement requests on a quarterly basis, as
applicable.
• Authorized expenditures must fall into one of the following categories: Planning, Organization, Equipment,
Training, or Exercises. Descriptions of authorized expenditures are in the following documents:
• FY 2023 Homeland Security Grant Program Notice of Funding Opportunity:
https://www.fema.gov/grants/preparedness/homeland-security/fy-23-nofo
• California Supplement to the Federal Funding Opportunity Announcement, dated October 2023, available at
https://www.caloes.ca.gov/wp-content/uploads/Grants/Documents/FY2023-HSGP-State-Supplement.pdf as “FY 2023
Homeland Security Grant Program California Supplement to the Federal Notice of Funding Opportunity.”
• Authorized Equipment List: http://www.fema.gov/authorized-equipment-list
• Cal OES Rules and Regulations, including the Recipient Handbook: https://www.caloes.ca.gov/wp-
content/uploads/Grants/Documents/2023_Subrecipient_Handbook.pdf
• Any equipment purchased under this Agreement must match the UASI 2023 Grant Application Workbook. Any
modification to the inventory list in that Workbook must receive prior written approval from by the Bay Area UASI
Program Manager.
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 35 of 165
FY 23 UASI – City of Gilroy A-5 July 15, 2025
• No Management and Administration expenses are allowed, unless expressly identified and authorized in this
Appendix.
• Sustainability requirements may apply to some or all of the grant funded projects or programs authorized in this
Appendix. See Agreement, ¶3.12.
• All EHP documentation must be submitted and approved prior to any expenditure of funds requiring EHP
submission.
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 36 of 165
FY 23 UASI – City of Gilroy B - 1 of 12 July 15, 2025
Appendix B-- Grant Assurances
Name of Jurisdiction: CITY OF GILROY (“SUBRECIPIENT”)
Name of Authorized Agent: Jimmy Forbis Title: City Administrator
Address: 7351 Rosanna Street
City: Gilroy State: CA Zip Code: 95020
Telephone Number: 408 846 0211
E-Mail Address: Jimmy.Forbis@cityofgilroy.org
As the duly authorized representative of the SUBRECIPIENT, I hereby certify that the SUBRECIPIENT has
the legal authority to apply for federal assistance and the institutional, managerial, and financial capability
(including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and
completion of the project described in this application, within prescribed timelines.
The requirements outlined in these assurances apply to SUBRECIPIENT and any of its subrecipients.
I further acknowledge that the SUBRECIPIENT is responsible for reviewing and adhering to all
requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO);
(c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant
programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the
Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
In the event Cal OES determines that changes are necessary to the subaward after a subaward has been made,
including changes to period of performance or terms and conditions, SUBRECIPIENTs will be notified of the
changes in writing. Once notification has been made, any subsequent request for funds will indicate
SUBRECIPIENT acceptance of the changes to the subaward.
State and federal grant award requirements are set forth below. The SUBRECIPIENT hereby agrees to
comply with the following:
1. Proof of Authority
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 37 of 165
FY 23 UASI – City of Gilroy B - 2 of 12 July 15, 2025
The SUBRECIPIENT will obtain proof of authority from the city council, governing board, or authorized body
in support of this project. This written authorization must specify that the SUBRECIPIENT and the city council,
governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated
as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the
SUBRECIPIENT and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing
board, or authorized body;
(d) The SUBRECIPIENT is authorized by the city council, governing board, or authorized body to apply
for federal assistance, and the institutional, managerial and financial capability (including funds
sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management
and completion of the project described in this application; and
(e) The official executing this agreement is authorized by the SUBRECIPIENT.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The SUBRECIPIENT is only authorized to perform
allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract,
grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment
providing for the United States to insure or guarantee a loan, the SUBRECIPIENT certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any federal grant, the making of any federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(c) The SUBRECIPIENT shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
The SUBRECIPIENT will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-
7328) which limit the political activities of employees whose principle employment activities are funded in
whole or in part with federal funds.
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 38 of 165
FY 23 UASI – City of Gilroy B - 3 of 12 July 15, 2025
Finally, the SUBRECIPIENT agrees that federal funds will not be used, directly or indirectly, to support the
enactment, repeal, modification or adoption of any law, regulation or policy without the express written
approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding
agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180,
Debarment and Suspension, the SUBRECIPIENT will provide protection against waste, fraud, and abuse by
debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The
SUBRECIPIENT certifies that it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a
public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(federal, state, or local) with commission of any of the offenses enumerated in paragraph (4)(b) of
this certification; and
(d) Have not within a three-year period preceding this application had one or more public transaction
(federal, state, or local) terminated for cause or default.
Where the SUBRECIPIENT is unable to certify to any of the statements in this certification, he or she shall
attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The SUBRECIPIENT will comply with all state and federal statutes relating to non- discrimination, including:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C.
§ 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and
requires that recipients of federal financial assistance take reasonable steps to provide meaningful access
to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination
against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101et seq.), which prohibits
discrimination on the basis of disability and requires buildings and structures be accessible to those
with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination
on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 39 of 165
FY 23 UASI – City of Gilroy B - 4 of 12 July 15, 2025
patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in
the sale, rental or financing of housing as implemented by the Department of Housing and Urban
Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the
requirement that new multifamily housing with four or more dwelling units—i.e., the public and
common use areas and individual apartment units (all units in buildings with elevators and ground-
floor units in buildings without elevators) be designed and constructed with certain accessible features
(See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction
contractors and subcontractors, who do over $10,000 in Government business in one year from
discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation,
gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual
orientation, gender identification, or national origin in hiring and employment in both the United States
federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic
partnerships and those in same sex marriages;
(k) Department of Homeland Security (DHS) policy to ensure the equal treatment of faith-based
organizations, under which the SUBRECIPIENT must comply with equal treatment policies and
requirements contained in 6 C.F.R. Part 19;
(l) The SUBRECIPIENT will comply with California’s Fair Employment and Housing Act (FEHA)
(California Government Code §§12940-12957), as applicable. FEHA prohibits harassment and
discrimination in employment because of ancestry, familial status, race, color, religious creed
(including religious dress and grooming practices), sex (which includes pregnancy, childbirth,
breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender
identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and
physical disability, genetic information, medical condition, age, pregnancy, denial of medical and
family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for
protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax
supported institutions;
(m) Any other nondiscrimination provisions in the specific statute(s) under which application for
federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the SUBRECIPIENT certifies
that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The SUBRECIPIENT will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code
§§ 21000-21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3,
§§ 15000-15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 40 of 165
FY 23 UASI – City of Gilroy B - 5 of 12 July 15, 2025
regulating discharges of pollutants into the waters of the United States and regulating quality standards
for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and
mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act
(NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing
the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental
and human health effects of federal actions on minority and low-income populations with the goal of
achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards;
(h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts
for the procurement of goods, materials, or services and each federal agency empowered to extend
federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance
activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal
Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523);
(j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under
the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the
Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components
or potential components of the national wild and scenic rivers system.
The SUBRECIPIENT shall not be: (1) in violation of any order or resolution promulgated by the State Air
Resources Board or an air pollution district; 2) subject to a cease-and- desist order pursuant to section 13301 of
the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3)
determined to be in violation of federal law relating to air or water pollution.
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the SUBRECIPIENT will
perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of
1996 and 2 C.F.R., Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
The SUBRECIPIENT must cooperate with any compliance reviews or investigations conducted by DHS. In
accordance with 2 C.F.R. § 200.337, the SUBRECIPIENT will give the awarding agency, the Comptroller
General of the United States and, if appropriate, the state, through any authorized representative, access to and
the right to examine all records, books, papers, or documents related to the award. The SUBRECIPIENT will
require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to
comply with this provision.
10. Conflict of Interest
The SUBRECIPIENT will establish safeguards to prohibit the SUBRECIPIENT’s employees from using their
positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of
interest, or personal gain.
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 41 of 165
FY 23 UASI – City of Gilroy B - 6 of 12 July 15, 2025
11. Financial Management
False Claims for Payment - The SUBRECIPIENT will comply with 31 U.S.C §§ 3729-3733 which provides
that SUBRECIPIENT shall not submit a false claim for payment, reimbursement, or advance.
12. Reporting - Accountability
The SUBRECIPIENT agrees to comply with applicable provisions of the Federal Funding Accountability and
Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards
obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set
forth in 2 C.F.R. Part 170, Appendix A. The SUBRECIPIENT also agrees to comply with the requirements set
forth in the government-wide financial assistance award term regarding the System for Award Management and
Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A.
13. Whistleblower Protections
The SUBRECIPIENT must comply with statutory requirements for whistleblower protections at 10 U.S.C. §
2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
14. Human Trafficking
The SUBRECIPIENT will comply with the requirements of Section 106(g) of the Trafficking Victims
Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the SUBRECIPIENT or its
subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect;
(2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor
in the performance of the award or subawards under the award.
15. Labor Standards
The SUBRECIPIENT will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40
U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40
U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or
subcontracts, and
(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) as they apply to employees of
institutes of higher learning (IHE), hospitals and other non- profit organizations.
16. Worker’s Compensation
The SUBRECIPIENT must comply with provisions which require every employer to be insured to protect
workers who may be injured on the job at all times during the performance of the work of this Agreement, as
per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the SUBRECIPIENT will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 42 of 165
FY 23 UASI – City of Gilroy B - 7 of 12 July 15, 2025
Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of federal or
federally-assisted programs. These requirements apply to all interests in real property acquired
for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection
Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to
participate in the program and to purchase flood insurance if the total cost of insurable construction
and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and
protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16
U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35)
which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects
For all construction projects, the SUBRECIPIENT will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the
site and facilities without permission and instructions from the awarding agency. Will record the federal
awarding agency directives and will include a covenant in the title of real property acquired in whole or
in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and
approval of construction plans and specifications; and
(c) Provide and maintain competent and adequate engineering supervision at the construction site to
ensure that the complete work conforms with the approved plans and specifications and will furnish
progressive reports and such other information as may be required by the assistance awarding agency
or State.
19. Use of Cellular Device While Driving is Prohibited
The SUBRECIPIENT is required to comply with California Vehicle Code sections 23123 and 23123.5. These
laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or
read a text-based communication.
Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless
to make an emergency call to 911, law enforcement, or similar services.
20. California Public Records Act and Freedom of Information Act
The SUBRECIPIENT acknowledges that all information submitted in the course of applying for funding under
this program, or provided in the course of an entity’s grant management activities that are under Federal
control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public
Records Act, California Government Code §7920.000 et seq. The SUBRECIPIENT should consider these laws
and consult its own State and local laws and regulations regarding the release of information when reporting
sensitive matters in the grant application, needs assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGP) –
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 43 of 165
FY 23 UASI – City of Gilroy B - 8 of 12 July 15, 2025
21. Acknowledgment of Federal Funding from DHS
The SUBRECIPIENT must acknowledge its use of federal funding when issuing statements, press releases,
requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or
in part with federal funds.
22. Activities Conducted Abroad
The SUBRECIPIENT must ensure that project activities carried on outside the United States are coordinated as
necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are
obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII)
DHS defines personally identifiable information (PII) as any information that permits the identity of an individual
to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the
SUBRECIPIENT collects PII, the SUBRECIPIENT is required to have a publicly-available privacy policy that
describes standards on the usage and maintenance of PII they collect. The SUBRECIPIENT may refer to the
DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource.
24. Copyright
The SUBRECIPIENT must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an
acknowledgement of United States Government sponsorship (including the award number) to any work first
produced under federal financial assistance awards.
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart
E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid
restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions,
or for other reasons. However, these prohibitions would not preclude the SUBRECIPIENT from shifting costs
that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the
federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
The SUBRECIPIENT must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to
energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27. Federal Debt Status
The SUBRECIPIENT is required to be non-delinquent in its repayment of any federal debt. Examples of
relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See
OMB Circular A-129.
28. Fly America Act of 1974
The SUBRECIPIENT must comply with Preference for United States Flag Air Carriers: (air carriers holding
certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent
that such service is available, in accordance with the International Air Transportation Fair Competitive
Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General
of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 44 of 165
FY 23 UASI – City of Gilroy B - 9 of 12 July 15, 2025
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the SUBRECIPIENT must ensure
that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies
with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as
amended, 15 U.S.C. § 2225a.
30. Non-supplanting Requirement
If the SUBRECIPIENT receives federal financial assistance awards made under programs that prohibit
supplanting by law, the SUBRECIPIENT must ensure that federal funds do not replace (supplant) funds that
have been budgeted for the same purpose through non- federal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, the SUBRECIPIENT is subject to the Bayh-Dole Act, Pub.
L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The SUBRECIPIENT is subject to the
specific requirements governing the development, reporting, and disposition of rights to inventions and patents
resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause
located at 37 C.F.R. § 401.14.
32. SAFECOM
If the SUBRECIPIENT receives federal financial assistance awards made under programs that provide
emergency communication equipment and its related activities, the SUBRECIPIENT must comply with the
SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that
ensure and enhance interoperable communications.
33. Terrorist Financing
The SUBRECIPIENT must comply with Executive Order 13224 and United States law that prohibit
transactions with, and the provisions of resources and support to, individuals and organizations associated with
terrorism. The SUBRECIPIENT is legally responsible for ensuring compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the SUBRECIPIENT’s currently active grants, cooperative agreements, and procurement
contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of
performance of this federal financial assistance award, the SUBRECIPIENT must comply with the requirements
set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters
located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award
terms and conditions.
35. USA Patriot Act of 2001
The SUBRECIPIENT must comply with requirements of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18
U.S.C. §§ 175-175c.
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 45 of 165
FY 23 UASI – City of Gilroy B - 10 of 12 July 15, 2025
36. Use of DHS Seal, Logo, and Flags
The SUBRECIPIENT must obtain permission from their DHS Financial Assistance Office, prior to using the
DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the
United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the
Preparedness Grants Manual, the SUBRECIPIENT must demonstrate how the grant-funded project addresses
the core capability gap associated with each project and identified in the Threat and Hazard Identification and
Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The
capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for
each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the
SUBRECIPIENT and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If
the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application
to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions
does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended
to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already
exist.
39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The SUBRECIPIENT must comply with the “Build America, Buy America” Act (BABAA), enacted as part of
the Infrastructure Investment and Jobs Act and Executive Order 14005. SUBRECIPIENTs receiving a federal
award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects
unless:
(a) All iron and steel used in the project are produced in the United States – this means all
manufacturing processes, from the initial melting stage through the application of coatings, occurred
in the United States;
(b) All manufactured products used in the project are produced in the United States – this means the
manufactured product was manufactured in the United States; and the cost of the components of the
manufactured product that are mined, produced, or manufactured in the United States is greater than
55 percent of the total cost of all components of the manufactured product, unless another standard
for determining the minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation; and
(c) All construction materials are manufactured in the United States – this means that all manufacturing
processes for the construction material occurred in the United States.
The “Buy America” preference only applies to articles, materials, and supplies that are consumed in,
incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such
as temporary scaffolding, brought to the construction site and removed at or before the completion of the
infrastructure project. Nor does a “Buy America” preference apply to equipment and furnishings, such as
movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure
project but are not an integral part of the structure or permanently affixed to the infrastructure project.
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 46 of 165
FY 23 UASI – City of Gilroy B - 11 of 12 July 15, 2025
Per section 70914(c) of BABAA, FEMA may waive the application of a “Buy America” preference under an
infrastructure program in certain cases.
On July 1, 2022, OMB approved FEMA’s General Applicability Public Interest Waiver of the BABAA
requirements to be effective for a period of six months, through January 1, 2023. SUBRECIPIENTs will
not be required to follow the BABAA requirements for FEMA awards made, and any other funding
FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as
well as new funding FEMA obligates to existing awards or through renewal awards where the new
funding is obligated after January 1, 2023, SUBRECIPIENTs will be required to follow the BABAA
requirements unless another waiver is requested and approved.
40. Advancing Effective, Accountable Policing and Criminal Justice Practice to Enhance Public Trust and
Public Safety
The SUBRECIPIENT must comply with the requirements of section 12(c) of Executive Order 14074. The
SUBRECIPIENT is also encouraged to adopt and enforce policies consistent with Executive Order 14074 to
support safe and effective policing.
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 47 of 165
FY 23 UASI – City of Gilroy B - 12 of 12 July 15, 2025
IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and
all federal and state grants, loans, reimbursement, contracts, etc. SUBRECIPIENT recognizes and
agrees that state financial assistance will be extended based on the representations made in these
assurances. These assurances are binding on SUBRECIPIENT, its successors, transferees, assignees,
etc. as well as any of its subrecipients. Failure to comply with any of the above assurances may result
in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the
SUBRECIPIENT and available for Cal OES or public scrutiny upon request. Failure to comply with
these requirements may result in suspension of payments under the grant or termination of the grant
or both and the SUBRECIPIENT may be ineligible for award of any future grants if Cal OES
determines that the SUBRECIPIENT: (1) has made false certification, or (2) violates the certification
by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all
subawards at all tiers. SUBRECIPIENTs are bound by DHS Standard Terms and Conditions 2023,
Version 2, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on
behalf of the SUBRECIPIENT.
SUBRECIPIENT: ________________________
Signature of Authorized Agent: _____________________________________________________
Printed Name of Authorized Agent: ________________________
Title: ________________________
Date: ________________________
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80F
City Administrator
eSign
7/16/2025
Jimmy Forbis
Docusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 48 of 165
FY 2023 UASI – City of Gilroy C-1 July 15, 2025
Appendix C -- Form of Reimbursement Request
REIMBURSEMENT REQUEST
Date: __________________
UASI Management Team
1663 Mission Street, Suite 320
San Francisco, CA 94102
Re: FY 23 UASI Grant Reimbursement Request
Pursuant to Section 3.10 of the “Agreement between the City and County of San Francisco and the City of
Gilroy for the Distribution of FY 2023 UASI Grant Funds” (the "Agreement"), dated July 15, 2025 between the
City of Gilroy (“SUBRECIPIENT”) and the City and County of San Francisco, SUBRECIPIENT hereby
requests reimbursement as follows:
Total Amount of
Reimbursement Requested
in this Request:
$_______________
Maximum Amount of
Funds Specified in
Section 3.2 of the
Agreement:
$_______________
Total of All Funds
Disbursed Prior to this
Request:
$_______________
SUBRECIPIENT certifies that:
(a) The total amount of funds requested pursuant to this Reimbursement Request will be used to
reimburse SUBRECIPIENT for Authorized Expenditures, which expenditures are set forth on the
attached Schedule 1, to which are attached true and correct copies of all required documentation
of such expenditures.
(b) After giving effect to the disbursement requested pursuant to this Reimbursement Request, the Funds
disbursed as of the date of this disbursement will not exceed the maximum amount set forth in Section 3.2
of the Agreement, or the not to exceed amounts specified in Appendix A for specific projects and
programs.
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 49 of 165
FY 2023 UASI – City of Gilroy C-2 July 15, 2025
(c) The representations, warranties and certifications made in the Agreement are true and correct in
all material respects as if made on the date hereof, and SUBRECIPIENT is in compliance with all
Grant Assurances in Appendix B of the Agreement. Furthermore, by signing this report,
SUBRECIPIENT certifies to the best of their knowledge and belief that the report is true,
complete and accurate and expenditures, disbursements, and cash receipts are for the purpose and
objectives set forth in the terms and conditions of the federal award. SUBRECIPIENT is aware
that any false, fictitious or fraudulent information or the omission of any material fact, may
subject SUBRECIPIENT to criminal civil or administrative penalties for fraud, false statements,
false claims or otherwise.
(d) No Event of Default has occurred and is continuing.
(e) The undersigned is an officer of SUBRECIPIENT authorized to execute this Reimbursement
Request on behalf of SUBRECIPIENT.
Signature of Authorized Agent: ______________________________________________
Printed Name of Authorized Agent: ___________________________________________
Title: ____________________________________ Date: __________________________
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 50 of 165
FY 2023 UASI – City of Gilroy C-3 July 15, 2025
SCHEDULE 1 TO REQUEST FOR REIMBURSEMENT
The following is an itemized list of Authorized Expenditures for which reimbursement is requested:
The following are attached as part of this Schedule 1 (Please check items that are applicable):
Planning:
☐ Invoice/Payroll Charges
☐ Payroll Register
☐ Cleared Check Payment
☐ Job Description
☐ Functional Timesheets
☐ Deliverables/Progress Reports
☐ SAM- Date Stamped Exclusion Report
☐ Noncompetitive Procurement
Authorization (NCPA)
Organization:
☐ Invoice/Payroll Charges
☐ Payroll Register
☐ Cleared Check Payment
☐ Job Description
☐ Functional Timesheets
☐ Deliverables/Progress Reports
☐ SAM- Date Stamped Exclusion Report
☐ Noncompetitive Procurement
Authorization (NCPA)
Equipment:
☐ Invoice
☐ Cleared Check Payment
☐ Purchase Order
☐ Packing Slip
☐ EHP Approval
☐ EOC Approval
☐ Watercraft or Aviation
☐ Performance Bond
☐ Equipment Ledger (Please
submit electronic copy to Grants
Specialist)
☐ SAM- Date Stamped
Exclusion Report
☐ Noncompetitive
Procurement Authorization
(NCPA) (For Sole
Source/competitive bid with
single bidder with contract
amount of $250,000 or more)
Training:
☐ Invoice
☐ Cleared Check Payment
☐ Training Feedback Number
☐ EHP Approval
☐ Certificates/Proof of Participation
☐ Sign In Sheet
☐ Agenda
☐ SAM- Date Stamped Exclusion Report
☐ Noncompetitive Procurement
Authorization (NCPA) (For all Sole
source/Competitive Bid with single bidder.)
Exercise:
☐ Invoice
☐ Cleared Check Payment
☐ After Action Report
☐ EHP Approval
☐ Overtime Authorization
☐ SAM- Date Stamped Exclusion Report
☐ Noncompetitive Procurement
Authorization (NCPA) (For all Sole
Source/competitive bid with single bidder
with contract amount of $250,000 or more)
For inquiries/questions, please contact:
Phone #: Email: _____________
Print Name
Project
Payee
Amount
Description
If final
claim for
project,
check box
☐
☐
☐
☐
Docusign Envelope ID: 507F0F43-1C2D-4DA9-9511-D91C28A6A80FDocusign Envelope ID: E0F300AC-2D74-462A-92BA-91853247604F
Page 51 of 165
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ACCEPTING GRANT FUNDING FROM THE BAY AREA URBAN AREA
SECURITY INITIATIVE (UASI) AND APPROVING A BUDGET
AMENDMENT IN THE AMOUNT OF $20,000 FOR EMERGENCY
PREPAREDNESS EQUIPMENT
WHEREAS, the City of Gilroy has been awarded grant funding in the amount of $20,000
through the Bay Area Urban Area Security Initiative (UASI) under the Santa Clara County Local
Roadmap to Community Resilience project to enhance community emergency preparedness and
outreach efforts; and
WHEREAS, the grant funding will support the purchase of preparedness equipment and
materials for public education, training, and outreach programs to increase community resilience;
and
WHEREAS, acceptance of the grant requires a budget amendment to appropriate funds into the
City’s operating budget for Fiscal Year 2026; and
WHEREAS, the City Council of the City of Gilroy desires to accept the grant award and
authorize the budget amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GILROY AS FOLLOWS:
1. The City Council hereby accepts the Bay Area UASI grant award in the amount of
$20,000 for the purposes stated herein.
2. The City Council approves a budget amendment to appropriate $20,000 in grant funding
into the Emergency Management budget for Fiscal Year 2026.
3. The City Administrator, or designee, is directed to initiate procurement of preparedness
equipment and materials consistent with grant requirements and to submit required
documentation to Bay Area UASI for reimbursement.
PASSED AND ADOPTED this 8th day of September, 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Page 52 of 165
APPROVED
Greg Bozzo, Mayor
ATTEST:
_______________________
Kim Mancera, City Clerk
Page 53 of 165
CERTIFICATE OF THE CLERK
I, KIM MANCERA, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2025-xxis an original resolution, or true and correct copy of a City Resolution,
duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council
held Monday, September 8, 2025, with a quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this xx.
____________________________________
Kim Mancera
City Clerk of the City of Gilroy
Page 54 of 165
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GILROY AMENDING THE BUDGET FOR
THE CITY OF GILROY FOR THE 2025-2026 FISCAL
YEAR
WHEREAS, the City Administrator prepared and submitted to the City Council a budget
for the City of Gilroy for Fiscal Years 2025-2026 and 2026-2027, and the City Council
carefully examined, considered, and adopted the same on June 2, 2025; and
WHEREAS, City Staff has prepared and submitted to the City Council proposed
amendments to the budget for Fiscal Year 2025-2026 (FY26) for the City of Gilroy in the staff
report dated September 8, 2025, regarding the Bay Area Urban Securities Initiative Grant.
NOW, THEREFORE, BE IT RESOLVED THAT the revenue and expenditure
appropriations for Fiscal Year 2025-2026 in Fund 100 – General Fund shall be increased by
$20,000.00.
PASSED AND ADOPTED this 8th day of September 2025 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Greg Bozzo, Mayor
ATTEST:
_______________________
Kim Mancera, City Clerk
Page 55 of 165
August 18, 2025 | 6:00 PM Page 1 of 7 City Council
Minutes
1. OPENING
1. Call to Order
City of Gilroy
City Council
DRAFT
Minutes
Monday, August 18, 2025 | 6:00 PM
The meeting was called to order by Mayor Bozzo at 6:00 PM.
2. Pledge of Allegiance
Council Member Bracco led the Pledge of Allegiance.
3. Invocation
Pastor Malcolm McPhail with New Hope Community Church led the Invocation.
4. City Clerk's Report on Posting the Agenda
City Clerk Kim Mancera reported on the Posting of the Agenda.
5. Roll Call
Attendance Attendee Name
Present Council Member Dion Bracco
Council Member Tom Cline
Council Member Terence Fugazzi
Council Member Zach Hilton
Council Member Carol Marques
Council Member Kelly Ramirez
Mayor Greg Bozzo
6. Orders of the Day
None.
7. Employee Introductions
Interim Police Chief Binder introduced Public Records Technician Brittney Gordillo.
2. CEREMONIAL ITEMS - Proclamations and Awards
1. Recognition of Aryan Ganesh, STEM Winner at the Santa Clara County 2024
Synopsys Championship Science Fair
2. National Emergency Management Awareness Month Proclamation
3. Resource Parent Appreciation Month
3. COUNCIL CORRESPONDENCE (Informational Only)
4. PRESENTATIONS TO THE COUNCIL
Page 56 of 165
August 18, 2025 | 6:00 PM Page 2 of 7 City Council
Minutes
1. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY
COUNCIL
Mayor Bozzo opened public comment at 6:22 P.M.
Genevieve Corbin - commented on the need for a crosswalk on Monterey Rd near
the Senior apartments, and the trees along the median being overgrown.
Ron Kirkish - commented on the opening of City Hall, the homeless issues and
thanked Brad Kilger for joining the City of Gilroy.
Cyrus Kianpour - commented on CSG Consultants contract that was not awarded.
Cickett Brinkman - commented on CSG Consultants company standards.
Greg Felios - commented on school starting on Wednesday, August 20th.
Donald Perino - commented on traffic on 152 over Pacheco Pass, and the Gilroy
Garlic Festival.
Forest Williams - commented on the Science Fair board and the Synopsis
Championship.
With no further speakers, Mayor Bozzo closed public comment.
5. REPORTS OF COUNCIL MEMBERS
1. Council Member Bracco – Downtown Committee, Santa Clara County Library
Joint Powers Authority, Santa Clara Water Commission, Santa Clara Valley
Water Joint Water Resources Committee, SCRWA
Council Member Fugazzi – Santa Clara Water Commission (alternate), Silicon
Valley Regional Interoperability Authority Board (alternate), SCRWA, Visit
Gilroy California Welcome Center, VTA Mobility Partnership Committee
Council Member Marques – ABAG, Downtown Committee, Santa Clara County
Library Joint Powers Authority (alternate), Santa Clara Valley Habitat Agency
Governing Board, Santa Clara Valley Habitat Agency Implementation Board,
SCRWA (alternate)
Council Member Hilton – CalTrain Policy Group, Santa Clara County
Expressway Plan 2040 Advisory Board (alternate), Silicon Valley Clean Energy
Authority JPA Board, South County Youth Task Force Policy Team, VTA
Policy Advisory Committee
Council Member Ramirez – ABAG (alternate), Gilroy Gardens Board of
Directors (alternate), Gilroy Sister Cities, Gilroy Youth Task Force (alternate),
SCRWA, Santa Clara Housing and Community Development Advisory
Page 57 of 165
August 18, 2025 | 6:00 PM Page 3 of 7 City Council
Minutes
Committee
Council Member Cline – CalTrain Policy Group (alternate), Gilroy Sister Cities
(alternate), Gilroy Youth Task Force, Santa Clara County Expressway Plan
2040 Advisory Board, Silicon Valley Clean Energy Authority JPA Board
(alternate), Silicon Valley Regional Interoperability Authority Board, Visit
Gilroy California Welcome Center (alternate), VTA Mobility Partnership
Committee, VTA Policy Advisory Committee (alternate)
Mayor Bozzo – Gilroy Gardens Board of Directors, Santa Clara Valley Water
Joint Water Resources Committee, South County Youth Task Force Policy
Team, VTA Board of Directors (alternate), Santa Clara Housing and
Community Development Advisory Committee (alternate)
Council Member Bracco - No report.
Council Member Fugazzi - No report.
Council Member Marques - No report.
Council Member Hilton - Reported on Cal Train ridership numbers, mentioned that
the South Valley Clean Energy (SVCE) Board provided feedback on the fiscal year
2025-26 Operating Budget and strategic focus areas, and the South County Youth
Task Force (SCYTF) policy team update that he will provide regarding the Civic
Center Master Plan initial community outreach study and conceptual layout.
Council Member Ramirez - Reported on the Sister Cities Committee.
Council Member Cline - Reported on the Gilroy Youth Taskforce.
Mayor Bozzo - Reported on the Cities Association of Santa Clara County meeting
presentation from the County of Santa Clara Board of Supervisors 5/8 cent sales tax
increase that will be on the ballot this November.
6. CONSENT CALENDAR
Mayor Bozzo opened public comment at 6:45 P.M.
With no speakers, Mayor Bozzo closed public comment.
Motion
Approve the Consent Calender.
RESULT: Passed
MOVER: Council Member Dion Bracco
SECONDER: Council Member Tom Cline
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council
Member Terence Fugazzi, Council Member Zach Hilton, Council Member
Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo
Page 58 of 165
August 18, 2025 | 6:00 PM Page 4 of 7 City Council
Minutes
1. Acceptance of Cash and Investment Report as of June 30, 2025
2. Approve the minutes of the August 4, 2025 Regular City Council Meeting
3. Adopt and Issue Publicly the Report Entitled City of Gilroy Transition from At-
Large to By-District Elections: Adopted Map Final Report Pursuant to
Elections Code Section 21130(f)
7. BIDS AND PROPOSALS
1. Award a contract to Griffin Structures, Inc. for Construction Management with
Master Architectural Services for the Santa Teresa Fire Station Design-Build
Project
Project Manager for Public Works Ryan Osenton provided a report and presentation.
Mayor Bozzo opened public comment at 7:18 P.M.
Ron Kirkish - commented on the delay of the Santa Teresa Fire Station.
With no further speakers, Mayor Bozzo closed public comment.
Motion
Award the contract to Griffin Structures, Inc. in the amount of $1,108,300 and
Reimbursable Costs in the amount of $54,700, with a total project cost of
$1,163,000 for Construction Management with
Master Architectural Services for the Santa Teresa Fire Station Design-Build Project
and authorize the Interim City Administrator to execute the agreement and all other
related documents.
RESULT: Passed
MOVER: Council Member Zach Hilton
SECONDER: Council Member Carol Marques
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council
Member Terence Fugazzi, Council Member Zach Hilton, Council
Member Carol Marques, Council Member Kelly Ramirez, Mayor
Greg Bozzo
8. PUBLIC HEARINGS
1. Adopt an Ordinance Adopting by Reference the 2025 California Building
Codes with Amendments
Community Development Director Sharon Goei provided a report and presentation.
Mayor Bozzo opened the public hearing at 7:22 P.M.
With no speakers, Mayor Bozzo closed the public hearing.
Motion
Adopt an ordinance amending Sections 6.1, 6.6, and 6.7 of Chapter 6 of the Gilroy
Page 59 of 165
August 18, 2025 | 6:00 PM Page 5 of 7 City Council
Minutes
Municipal Code adopting by reference the 2025 California Building Code, 2025
California Residential Code, 2025 California Electrical Code, 2025 California
Mechanical Code, 2025 California Plumbing Code, 2025 California Energy Code,
2025 California Historical Building Code, 2025 California Existing Building Code,
2025 California Green Building Standards Code, 2024 International Property
Maintenance Code, and 2024 International Swimming Pool and Spa Code, with
amendments.
RESULT: Passed
MOVER: Council Member Zach Hilton
SECONDER: Council Member Dion Bracco
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council
Member Terence Fugazzi, Council Member Zach Hilton, Council
Member Carol Marques, Council Member Kelly Ramirez, Mayor
Greg Bozzo
2. Adopt an Ordinance Adopting by Reference the 2025 California Fire Codes
with Amendments
Community Development Director Sharon Goei provided a report and presentation.
Mayor Bozzo opened the public hearing at 7:23 P.M.
With no speakers, Mayor Bozzo closed the public hearing.
Motion
Adopt an ordinance amending Sections 10.9 and 10.10 of Chapter 10 of the Gilroy
Municipal Code adopting by reference the 2025 California WildlandUrban Interface
Code and 2025 California Fire Code, with amendments.
RESULT: Passed
MOVER: Council Member Tom Cline
SECONDER: Council Member Kelly Ramirez
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council
Member Terence Fugazzi, Council Member Zach Hilton, Council
Member Carol Marques, Council Member Kelly Ramirez, Mayor
Greg Bozzo
9. UNFINISHED BUSINESS
1. Mobile Food Vending on Private Property - Pilot Program Clarification
Assistant to the City Administrator Bryce Atkins provided a report and presentation.
Mayor Bozzo opened public comment at 7:36 P.M.
With no speakers, Mayor Bozzo closed public comment.
Council provided clarification to staff.
10. INTRODUCTION OF NEW BUSINESS
Page 60 of 165
August 18, 2025 | 6:00 PM Page 6 of 7 City Council
Minutes
1. Creation of an Ice Center Ad Hoc Committee
Mayor Bozzo opened public comment at 7:48 P.M.
Susan Mister - commented on the Sharks Ice Center timeline and the need for an Ad
Hoc Committee.
Michelle Carlen - commented on the impact the Sharks Ice Center will have on the
community.
With no further speakers, Mayor Bozzo closed public comment.
Motion
Selecting Council Member Fugazzi, Council Member Hilton and Council Member
Cline for the Ice Center Ad Hoc Committee
RESULT: Passed
MOVER: Council Member Tom Cline
SECONDER: Council Member Terence Fugazzi
AYES: Council Member Tom Cline, Council Member Terence Fugazzi,
Council Member Zach Hilton, Mayor Greg Bozzo
NAYS: Council Member Dion Bracco, Council Member Carol Marques,
Council Member Kelly Ramirez
11. FUTURE COUNCIL INITIATED AGENDA ITEMS
12. CITY ADMINISTRATOR'S REPORTS
No report.
13. CITY ATTORNEY'S REPORTS
No report.
14. CLOSED SESSION
City Attorney Faber announced the closed session items 14.1 and 14.2.
City Attorney Faber opened public comment at 7:55 P.M.
With no speakers, City Attorney Faber closed public comment.
City Council adjourned to closed session at 7:56 P.M.
Motion
Remain in closed session.
RESULT: Passed
MOVER: None
SECONDER: None
AYES: Council Member Dion Bracco, Council Member Tom Cline, Council
Member Terence Fugazzi, Council Member Zach Hilton, Council Member
Page 61 of 165
August 18, 2025 | 6:00 PM Page 7 of 7 City Council
Minutes
Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo
1. THREAT TO PUBLIC SERVICES OR FACILITIES
Pursuant to Government Code section 54957; Gilroy City Code Chapter 17 A
Consultation with Gilroy Police Department and Interim Chief Ken Binder
Gilroy City Code Section 17 A.11 (1)
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec.
54956.8 and GCC Sec. 17 A.8
Property: Gilroy Gardens Theme Park, 3050 Hecker Pass Highway, Gilroy, CA
(APN's: 810-17-024, 810-17-026, 810-17-029, 810-17-030, 810-17-031, 810-18-
002, 810-18-013, 810-19-005, 810-19-007, 810-19-010, 810-19-011, 810-19-014)
Negotiators: Brad Kilger, Interim City Administrator; Victoria Valencia,
Economic Development Manager
Other Party to Negotiations: Gilroy Gardens Family Theme Park, LLC Under
Negotiations: Price and terms of payment for sale or lease.
15. ADJOURN TO OPEN SESSION
City Attorney Faber announced that there was no reportable action.
16. ADJOURNMENT
With no additional business before the Council, the meeting was adjourned at 8:58 P.M.
Page 62 of 165
City of Gilroy
STAFF REPORT
Agenda Item Title: Approve the Master Joint Use Agreement with Santa Clara
Valley Water for the City of Gilroy's Trails Network
Meeting Date: September 8, 2025
From: Brad Kilger, Interim City Administrator
Department: Administration
Submitted by: Bryce Atkins, Assistant to the City Administrator
Prepared by: Bryce Atkins, Assistant to the City Administrator
STRATEGIC PLAN GOALS: Maintain and Improve City Infrastructure
RECOMMENDATION
Council approve the agreement and authorize the Interim City Administrator to execute
the agreement.
EXECUTIVE SUMMARY
BACKGROUND
The City of Gilroy has a network of bicycle and pedestrian trails throughout the
community. Many of these trails are located on property owned and operated by the
Santa Clara Valley Water District (Valley Water) as surface water conveyance creeks.
Valley Water and the City of Gilroy have entered into joint use agreements (JUAs) as
different segments of the bicycle and pedestrian trails have been developed. These
agreements allow the City to make improvements within Valley Water's properties and
designate appropriate responsibilities to each agency relating to the joint use. There are
currently five such JUAs established, covering creeks used with trail segments along
Lions Creek, the Camino Arroyo Bridge, Morey Channel, and the Sports Park Levee
Trail. With the approval of grant funds for the extension of the Lions Creek trail
segments from Kern to Day Road, and onward to Tapestry near Christopher High
School, the City inquired, and Valley Water agreed, to create a Master Joint Use
Page 63 of 165
Agreement (MJUA), adding all existing JUAs and the new trail segment under a single
agreement.
ANALYSIS
Each of the existing JUAs has different terms and renewal dates, as well as contractual
requirements. The MJUA allows all terms and conditions to be found in a single
agreement, and reduces staff time for both agencies in maintaining and monitoring
multiple agreements by having a single agreement to operate within. There are no fees
for the joint use arrangements between the two organizations, and that arrangement
remains in the MJUA. Each agency is responsible for maintaining its own improvements
at its own costs, and to operate collaboratively when any work is to be conducted in the
JUA areas. The City Attorney's Office and Public Works' Engineering Division have
reviewed the agreement and conditions and find them agreeable.
ALTERNATIVES
The council may choose not to adopt the MJUA. Staff does not recommend this, as the
MJUA will: improve efficiency without additional cost; include the segment of Lions
Creek for the new extension project of the bicycle and pedestrian trail network along
that creek; and facilitate easier additions of new segments when the trail network is
expanded further in the future.
FISCAL IMPACT/FUNDING SOURCE
None. The MJUA does not trigger additional payments. The City is only required to pay
for the construction and maintenance of its own improvements within approved areas
owned by Valley Water.
PUBLIC OUTREACH
This item was included on the publicly posted agenda for this meeting.
NEXT STEPS
If approved, staff will complete signatures on the agreement and relay it to Valley Water
for their final approval of the MJUA.
Attachments:
1. MASTER JOINT USE AGREEMENT- City of Gilroy (Final Draft)
Page 64 of 165
MASTER JOINT USE AGREEMENT
BETWEEN THE SANTA CLARA VALLEY WATER DISTRICT
AND THE CITY OF GILROY
This MASTER JOINT USE AGREEMENT (this “Agreement”) is entered into by and between the SANTA
CLARA VALLEY WATER DISTRICT, a California Special District created by the California Legislature,
hereinafter referred to as “Valley Water”, and the CITY OF GILROY, a municipal corporation, hereinafter
referred to as "City". Valley Water and City may be referred to individually as “Party” or collectively as
the “Parties” or the “Parties to this Agreement”. This Agreement will become effective on the later of the
last-signed signature date set forth below (the “Effective Date”), _________________, 2025.
RECITALS:
A. Valley Water is the owner of certain real property (hereinafter “Premises”), as shown on Exhibit
A, attached hereto.
B. City desires to maintain existing “Recreational Improvements” (as defined in Section 3(b) herein)
within the Premises.
C. The Parties have established Existing Joint Use Agreements (JUAs) for specific portions of Valley
Water properties, each portion with its own JUA.
D. The Parties desire to enter into a single Master Joint Use Agreement (Agreement) to govern the
joint use of all Premises as detailed in the enclosed Exhibit A attached hereto and incorporated
in this Agreement by this reference.
E. City desires to construct additional Recreational Improvements on other portions of the Premises
within the City limits not currently incorporated under an existing JUA.
F. The parties intend that the cooperative efforts and responsibilities outlined in this Agreement
must serve as the foundation for the establishment of amendments entered into by the Parties
for additional Recreational Improvements incorporated into Exhibit A of this Agreement.
G. This Agreement supersedes and replaces the following existing JUAs between the Parties:
• A3226M - West Branch Llagas Creek - Camino Arroyo Bridge.
• A3287RE - Lions Creek - Pedestrian Bridge at Tapestry Drive and Cougar Court.
• A3415M - Lions Creek, West Branch Llagas Creek, and Upper Miller Slough.
• A4348X - South Morey Channel – Pedestrian Bridge at Avezan Way and Gascony Court.
• A2923S - Uvas-Carnadero Creek Levee Top Trail.
H. This Agreement incorporates the following new segment into the Agreement:
• Lions Creek Trail from Kern Avenue to Tapestry Drive.
I. City’s and the public’s use of the Premises for Recreational Improvements will not unreasonably
interfere with Valley Water's mission of flood protection, water resources management, and
stream stewardship.
Page 65 of 165
J. The Parties find it to be in the public interest to provide for joint use of the Premises by means of
this Agreement under the following terms and conditions.
K. The Parties agree to develop all joint-use trails in accordance with the requirements outlined in
the Valley Water Public Trail Policy Criteria and Guidance document. The Parties also agree that
this Agreement and its Exhibits should be used to ensure consistency across all collaborative
endeavors between the City and Valley Water.
L. Valley Water may have current and/or future projects planned within the Premises. The Parties
agree to work collaboratively to ensure Recreational Improvements are designed and
constructed in a manner that accommodates and is compatible with Valley Water's projects and
objectives.
M. Valley Water and City recognize that applicable trail master plans, such as the City Parks and
Trail Master Plan and/or Countywide Trails Master Plan, may serve as guidance documents for
future trail segment planning and implementation of joint-use trails covered under this
Agreement. The Parties intend to coordinate their efforts to maintain consistency between these
trail master plans and Valley Water's mission and projects.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1) Incorporation of Recitals. The recitals set forth above are incorporated herein by this reference.
2) Supersedes Existing JUAs. City and Valley Water waive the 90-day notice of termination
requirement of the Existing JUAs. City and Valley Water agree that this Agreement supersedes and
replaces the Existing JUAs as of the Effective Date of this Agreement.
3) Scope of Valley Water License Grant to City. Subject to the terms and conditions of this
Agreement, Valley Water hereby grants to City a non-exclusive license to access and do any or all
the following on the Premises:
a. To include in this Agreement the jointly agreed-upon Recreational Improvements, as defined in
Section 3(b) herein, and potential improvements for trails, as well as the standard maintenance
responsibilities for said improvements. Any special provisions and/or maintenance
arrangements for a specific trail segment must be noted in the corresponding Exhibit A.
b. To construct, operate, maintain, repair, replace, and remove improvements and other trail
amenities for public recreational purposes on the Premises including, but not limited to,
pedestrian and bicycle trails, pedestrian bridges, trailheads, fencing, fixtures (trash receptacles,
benches, etc.), signage and public art (collectively, “Recreational Improvements”). Any and
all work related to construction, operations, and maintenance of the Recreational Improvements
will be completed in accordance with applicable federal, state, and local environmental
regulations, including but not limited to the federal and state Migratory Bird Treaty Acts, Clean
Water Act, federal and state Endangered Species Acts, the California Fish and Wildlife Code,
and the Porter-Cologne Water Quality Control Act. All Recreational Improvements must comply
with all building and fire codes and other applicable legal requirements. For any Recreational
Improvements that qualify as regulated projects under the City’s Phase II Small Municipal
Separate Storm System (MS4) Permit, City must develop and implement appropriate
Page 66 of 165
stormwater treatment measures in compliance with its Phase II Small MS4 permit requirements.
Under this signed agreement, City must apply for permits for each improvement. If Valley Water
approves the City Improvements, Valley Water shall issue to the City permits for all Recreational
Improvements, (“Valley Water Permit”). Issuance of Valley Water’s permit will be at Valley
Water’s sole discretion, provided that Valley Water’s approval will not be unreasonably delayed,
conditioned, or withheld. The issued permit becomes part of this agreement.
c. To provide for public access such as bicycling, walking, jogging, hiking, and similar uses of
Recreational Improvements in accordance with all applicable legal requirements to the extent
such activities do not interfere with Valley Water’s mission of flood protection, water resources
management, and stream stewardship.
d. To host special public recreational events (e.g., races, bike-to-work events, etc.) that may
include an otherwise restricted component such as allowing private vehicular access for safety
purposes, so long as Valley Water issues City a Valley Water Permit to host the event.
e. Subject to the conditions and restrictions contained in this Agreement, City has full responsibility
and authority to restrict, control, regulate, and/or supervise public use of the Recreational
Improvements. City may, at its discretion, consistent with Valley Water’s Superior Rights and
City’s Subordinate Rights described in Section 12, and without diminution of Valley Water’s
ability to provide flood protection, stream stewardship, water resources management, including
the operations and maintenance thereof, or hazardous materials cleanup on the Premises, take
any measures of every kind that, in the opinion of City, may be necessary for the health and
safety of the public using the Premises. City is responsible for any damage to either Valley
Water improvements or Recreational Improvements that result from City’s or the public's use of
the Premises. City will be responsible for all costs for repair of damage to Valley Water facilities
or Recreational Improvements incurred by City or the public’s use of Recreational
Improvements.
4) Prohibited Uses of Trail. City must post notices at all Trail entrances notifying users that the
following are prohibited:
• Entry of motor vehicles (except for maintenance repairs, emergency, and
enforcement vehicles and mobility devices otherwise allowed by law)
• Dogs (except on leash) or other domestic animals
• Public access during Trail closures when maintenance equipment and vehicles
and/or emergency vehicles are present
Subject to the foregoing prohibitions and any other restrictions set forth in this Agreement, City will
have the sole authority and responsibility to adopt Trail rules and regulations consistent with federal,
state, and local regulations to govern the public’s use of the Premises that are compatible with
Valley Water’s mission of flood protection, water resources management, and stream stewardship,
as determined by Valley Water.
5) Trash and Litter Removal. City will remove trash from the Premises that is likely to have been
generated from public use of the Premises. City will be responsible for maintaining, servicing, and
emptying trash receptacles and for rubbish removal as reasonably necessary, including providing
Page 67 of 165
for lawful disposal of hazardous waste and/or biowaste. Separately and as funding is available,
Valley Water will manage an Adopt-a-Creek program to provide opportunities for volunteer public
trash removal.
6) Vegetation Management. If existing vegetation or trees interfere with Recreational Improvements,
the public’s use of the Premises, or have been deemed hazardous and a danger to the safety of
the public, City is responsible for trimming or removal, as City deems necessary, in accordance
with applicable federal and state laws and Valley Water Permit requirements. Valley Water will
provide vegetation management as needed for flood protection and fire code compliance consistent
with its management of comparable flood protection facilities. All pruning by City or City contractors
on the Premises must follow International Society of Arboriculture (ISA) guidelines. Herbicide use
on the Premises must be performed by or under the direct supervision of a licensed Qualified
Applicator Certificate/Qualified Applicator License (QAC/QAL) to ensure herbicides are only applied
on the Recreational Improvements, are suitable for the purpose and environment they to which
they are applied, and do not drift onto adjacent Valley Water mitigation habitat, waters, or natural
habitat. City must only use herbicides approved for aquatic use in all areas below top of bank of a
creek, within 20 feet of top of bank of a creek, and where required by law. For any revegetation or
landscaping associated with Recreational Improvements, native plants should be used and must
be permitted by Valley Water. City will be responsible for all maintenance associated with any
permitted landscaping installations. City will remove any landscape installations associated with
Recreational Improvements at Valley Water’s request if installations interfere with Valley Water’s
operations and/or maintenance of the Premises.
7) Graffiti Removal. City will have the primary responsibility for removal of graffiti on the Premises
reasonably attributed to use of the Recreational Improvements. City will provide graffiti removal in
compliance with City's graffiti abatement program, including graffiti removal from Recreational
Improvements consistent with its implementation of the same program at comparable City facilities.
No permit from Valley Water, nor any advance notice, will be required for City to remove routine
graffiti from any City or Valley Water facility within the Premises. Any and all materials used by City
in the removal of graffiti within the limits of this Agreement must be approved for use in the State of
California and consist of environmentally safe products which will not harm the creek environment
of the Premises in any way.
8) Pioneer Trails. City and Valley Water will meet and confer to determine the need for fencing or
other protective measures associated with Recreational Improvements whenever unauthorized or
pioneer trails are observed. City will have primary responsibility for installing and maintaining
measures that deter off-trail uses. Valley Water will have the discretion to install at its sole cost,
unless otherwise agreed upon by City, any additional measures to control public ingress or egress
that may be necessary to protect environmentally sensitive areas or Valley Water facilities.
9) Security. City personnel and/or volunteers supervised by City will patrol the Premises to provide
the same level of public safety afforded to similar areas of the City. Valley Water has no obligation
to provide or pay for such patrols.
Page 68 of 165
10) Encampments. City is responsible for abating any encampment in accordance with applicable laws
which blocks access to Recreational Improvements, is a safety threat or hazard to the public’s use
of access to Recreational Improvements, or otherwise adversely impacts the public’s use of access
to Recreational Improvements, as determined by City.
11) Public Complaints. City is responsible for responding to all public complaints and inquiries
regarding Recreational Improvements, and to all complaints and inquiries regarding the public's
use of Recreational Improvements.
12) Construction, Maintenance, and Repairs.
a. Valley Water is responsible for performing construction, operations, maintenance, and repairs
on the Premises for flood protection, stream stewardship, and water resources management in
a manner consistent with its construction, maintenance, and repairs of comparable facilities or
creeks. It is expressly understood that Valley Water is engaged in flood protection, the protection
of water resources, and stream stewardship, and that the terms and conditions of this
Agreement will not in any way interfere with the absolute, free, and unrestricted right of Valley
Water to operate and maintain for flood protection, water resources management, and stream
stewardship purposes, the stream bed and banks, or any appurtenant works thereto, or to repair
or construct any of its works, or to allow the raising or lowering of the height of the water present
upon the Premises (“Superior Rights”). City will have the right to build additional Recreational
Improvements on the Premises necessary or convenient to the enjoyment of this Agreement,
provided that any such improvement is, in each case during the term of this Agreement, first
approved by Valley Water by issuance of a Valley Water Permit in its sole, unfettered discretion
(“Subordinate Rights”). City acknowledges Valley Water’s Superior Rights and that City’s
rights are subordinate thereto.
i) If removal or relocation of City’s fencing is necessary to allow Valley Water to conduct
construction, operations, maintenance, or repairs on the Premises, City must remove or
relocate its fencing at its own expense within 5 working days after receiving written notice
from Valley Water.
ii) If removal or relocation of a City pedestrian bridge is necessary to allow Valley Water to
conduct construction, operations, maintenance, or repairs on the Premises, City must
remove or relocate its bridge at its own expense within 60 calendar days after receiving
written notice from Valley Water. Valley Water, however, will attempt to provide more
than 60 calendar days’ notice to City, if reasonably feasible.
iii) If Valley Water requires that any other Recreational Improvements be removed or
relocated for any Valley Water purpose, City will do so at its own expense within 90 days
after receiving written notice from Valley Water.
iv) If construction of Recreational Improvements or modification of existing Recreational
Improvements, including vegetation installed by City, requires mitigation under the
California Environmental Quality Act or as a regulatory permit requirement, City will be
responsible for all costs required to fulfill any required mitigation responsibilities,
including providing lands to place mitigation and providing mitigation monitoring and
reporting.
Page 69 of 165
v) If Valley Water engages in any construction on the Premises, Valley Water will inform
City during preconstruction planning to minimize any adverse impact of Valley Water’s
project on Recreational Improvements.
vi) Valley Water agrees to exercise reasonable care during construction, operations,
maintenance, and repair activities to minimize damage to Recreational Improvements.
Valley Water is not responsible for any damage to or replacement of City Improvements
that results from Valley Water’s construction, operation, maintenance, or repair of flood
protection or stream stewardship facilities located on or near the Premises, including,
without limitation, any flood flows or inundation from creeks on the Premises, unless the
damage to Recreational Improvements is caused by Valley Water’s sole negligence or
willful conduct.
vii) Any replacement of Recreational Improvements following Valley Water’s construction,
maintenance, or repairs on the Premises will be City’s responsibility and cost and also
require a Valley Water Permit under Section 3(b). City is solely responsible for informing
the public of temporary or permanent closure of operational Recreational Improvements
viii) In non-emergencies, City and Valley Water staff will meet, whenever necessary, for the
purpose of scheduling routine maintenance, including, but not limited to:
(a) Maintenance issues related to Premises and/or Recreational Improvements;
(b) Non-emergency work requiring the use of heavy equipment, barricading,
pedestrian detour plans, and/or restricting access to the Premises. Valley
Water and City further agree to notify one another's designated representative
at least ten workdays prior to commencement of such work to minimize public
impacts.
ix) In an emergency on or affecting the Premises, Valley Water may require removal or
relocation of any Recreational Improvements without notice to City.
b. City has sole responsibility for:
i) the construction, operation, maintenance, and repair of all Recreational Improvements;
ii) maintenance and operation of all Recreational Improvements in usable and safe
condition; and
iii) the duty, cost, and expense of providing any security; police; preparation of traffic and
pedestrian detour plans depicted on attached Exhibit B, including installation of required
appurtenances; public notices/communications/signage to inform the public of any
closure of Recreational Improvements, and available detours during closure of
Recreational Improvements; trail amenities (including fencing); modifications or
replacements; or other expenditure necessary to temporarily prohibit or control public
access to the Premises that Valley Water would not ordinarily incur to complete
scheduled routine maintenance pursuant to this provision; and
iv) implementation of the Maintenance Plan in Exhibit C.
v) Implementation of post-construction stormwater management measures for
Recreational Improvements. All stormwater management measures within the Premises
are subject to Valley Water’s review and approval. Valley Water has the right to deny
any proposed stormwater management measure, or request the relocation of existing
stormwater management measures if it is determined to conflict with its flood protection,
Page 70 of 165
water resources management, and stream stewardship function. City is responsible for
conducting regular inspections and maintaining green infrastructure and stormwater
control measures, maintaining documentation of all inspection and maintenance
activities, implementing necessary corrective actions, submitting annual reports of
stormwater management activities to the required regulatory agencies, and ensuring
compliance with all stormwater treatment requirements as specified in the City’s Phase
II Small MS4 permit.
13) Water Level Fluctuations. The level of water on the Premises may fluctuate from day to day due
to controlled or uncontrolled flows upon and across the Premises. City will be responsible for the
control of or limiting the public's use of the Premises to protect the health and safety of the public
from fluctuation in water levels or flooding of the Premises.
14) Signage. City has sole responsibility for providing signage pursuant to Section 12(b)(iii) to notify
the public of the closure of Recreational Improvements. The Parties will cooperate to create and
install signage that benefits the programs of each Party such as Trail closure detour signage,
maintenance vehicle warnings, entrance signage, interpretive signs and benches, and joint uses
when applicable. The Deputy Operating Officer of Valley Water and the City Administrator or their
respective designees will meet and confer on a periodic basis to plan the installation of appropriate
signage that serves the needs of both parties. All signs placed on the Premises by City (except
existing signs that identify the facility (e.g., Trail) by name) must include Valley Water’s logo in equal
size and symmetrical relationship to any other logos contained on such signs. In addition, all City
signs placed on the Premises or City publications relating to the closure of Recreational
Improvements that describe water resources must be developed in conjunction with Valley Water.
Each Party is responsible for the maintenance and upkeep of its signage installed on the Premises.
15) Bird Nesting Season. To the extent feasible, the Parties must avoid construction or maintenance
activities on the Premises during bird nesting season (generally between January 15th and August
31st). If construction or maintenance work must be done during the nesting season, a
pre-construction survey by a qualified biologist must be undertaken to determine the presence of
nesting. If nesting activity is reported, the biologist is expected to recommend that the City
implement adequate mitigation measures to protect the nesting area. Environmental impacts will
be considered prior to all work by the responsible Party (City or Valley Water, and/or their agents)
performing said work.
16) Term of Agreement. The term of this Agreement (including the rights and obligations contained
herein), will commence on the Effective Date and will expire on the 25th anniversary of the Effective
Date, unless either Party requests a renewal of and/or amendment to the agreement no less than
180 days prior to the expiration of the then-existing term. If either Party requests a renewal and/or
amendment to the agreement, and a renewal and/or amendment has not been implemented prior
to the expiration of this Agreement, then City will either close and prevent public access to the
Premises until a new agreement is executed or, subject to written approval by Valley Water’s Chief
Executive Officer and upon written request by City, this Agreement may be extended for no more
than one (1) year to maintain public access to the Premises while ongoing efforts are made to
execute a new Agreement.
Page 71 of 165
17) Termination of Agreement. Either Party may terminate this Agreement after providing the other
Party with at least 90 days prior written notice of its intent to terminate this Agreement. Upon the
termination or expiration of this Agreement, City must remove all Recreational Improvements from
the Premises and leave the Premises in a condition as near as reasonably practical to its condition
prior to the installation and/or development of such improvements. Notice of intent to terminate
may be given by City Administrator. Notice of intent to terminate may be given by Valley Water’s
Chief Executive Officer.
18) Indemnification by City. Notwithstanding any other provision of this Agreement, City agrees to
indemnify, defend, and hold harmless Valley Water, its agents, officers, directors, and employees
from and against any and all demands, claims, damages, losses, and reasonable expenses,
including but not limited to liabilities, obligations, claims, costs, reasonable expenses (including
without limitation interest, penalties and reasonable attorney's fees), fines, levies, assessments,
demands, damages or judgments of any kind or nature, whether in law or equity (including without
limitation, death or injury to any person, property damage, administrative and judicial orders and
consents, or any other loss) to the extent they arise out of, pertain to, or relate to the: (i) public’s
use of the Premises, (ii) public's use of real property adjacent to the Premises, or (iii) negligence or
willful misconduct of City's officers, agents, employees, or independent contractors, except to the
extent caused by Valley Water’s active or gross negligence or willful misconduct. This Agreement
to defend, indemnify, and hold harmless Valley Water will operate irrespective of the basis of the
claim, liability, loss, damage, or injury and irrespective of whether the act, omission, or activity is a
condition of Premises or any other cause of any kind or nature.
19) Indemnification by Valley Water. Notwithstanding any other provision of this Agreement, Valley
Water agrees to indemnify, defend, and hold harmless City, its agents, officers, directors, and
employees from and against any and all demands, claims, damages, losses, and reasonable
expenses, including but not limited to liabilities, obligations, claims, costs, reasonable expenses
(including without limitation interest, penalties and reasonable attorney's fees), fines, levies,
assessments, demands, damages or judgments of any kind or nature, whether in law or equity
(including without limitation, death or injury to any person, property damage, administrative and
judicial orders and consents, or any other loss) to the extent they arise out of and are caused by
Valley Water’s active or gross negligence or willful misconduct, or from any physical condition of
the Premises caused in whole or in part by Valley Water’s acts or omissions. This Agreement to
defend, indemnify, and hold harmless City will operate only to the extent that the basis of the claim,
liability, loss, damage, or injury is a result of Valley Water’s active or gross negligence or willful
misconduct.
20) Insurance. City and Valley Water must, throughout the duration of this Agreement, maintain and
cause its contractors to maintain sufficient insurance and coverage as described in Exhibit D,
attached hereto and incorporated herein. City and Valley Water can meet the insurance
requirements of this Section 20 through self-insurance which can be substantiated by issuance of
a certificate of self-insurance.
Page 72 of 165
21) Equal Opportunity Employer. Valley Water is an equal opportunity employer and requires public
agencies that it enters into this Agreement with to have and adhere to a policy of equal opportunity
and non-discrimination. In the performance of the Agreement, City will comply with all applicable
federal, state, local laws and regulations, and will not discriminate against any subcontractor,
employee, or applicant for employment in the recruitment, hiring, employment, utilization, promotion,
classification or reclassification, transfer, recruitment advertising, evaluation, treatment, demotion,
layoff, termination, rates of pay or other forms of compensation, and selection for professional
development training (including apprenticeship), or against any other person, on the basis of sex
(which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy,
childbirth or breastfeeding), race, religion, color, national origin (including language use restrictions),
ancestry, religious creed (including religious dress and grooming practices), political affiliation,
disability (mental and physical, including HIV or AIDS), medical condition (cancer and genetic
characteristics), genetic information, marital status, parental status, gender, age (40 and over),
pregnancy, military and veteran status, sexual orientation, gender identity and gender expression,
the exercise of family and medical care leave, the exercise of pregnancy disability leave, or the
request, exercise, or need for reasonable accommodation.
Compliance with Applicable Equal Opportunity Laws. City’s policy must conform with applicable state
and federal guidelines including the Federal Equal Opportunity Clause, “Section 60-1.4 of Title 41,
Part 60 of the Code of Federal Regulations,” Title VII of the Civil Rights Act of 1964 as amended; the
Americans with Disabilities Act of 1990; the Rehabilitation Act of 1973 (Sections §503 and §504); the
Age Discrimination Act of 1975 (42 U.S.C. §sec. 6101 et seq.); the California Fair Employment and
Housing Act (Government Code §12900 et. seq.); and California Labor Code §1101 and §1102.
City must designate a specific position within its organization to be responsible for investigating
allegations of non-compliance with anti-discrimination and anti-harassment provisions of this
Agreement. City must conduct a fair, prompt, and thorough investigation of all allegations directed to
City by Valley Water. In cases where such investigation results in a finding of discrimination,
harassment, or hostile work environment, City must take prompt, effective disciplinary action against
the offender.
22) Future Recreational Improvements. If the Parties agree to include additional Recreational
Improvements to this Agreement in the future, such additions may be made by amending the Exhibits
to this Agreement and obtaining the signatures of Valley Water's Chief Executive Officer and City's
City Administrator. No further approval will be required for such amendments, provided that the terms
of this Agreement will apply to all trail segments added in this manner.
23) Notices. Any and all notices required to be given hereunder will be deemed to have been delivered
upon deposit in the United States mail, postage prepaid, addressed to either of the parties at the
address hereinafter specified or as later amended by either Party in writing:
Page 73 of 165
City:
City of Gilroy
Attention: City Administrator
7351 Rosanna Street
Gilroy, CA 95020
Valley Water:
Santa Clara Valley Water District
Attention: Clerk of the Board
5750 Almaden Expressway
San Jose, CA 95118
w/copy to Lands Management Program
24) Successors and Assigns. This Agreement, and all terms, covenants, and conditions hereof, will
apply to and bind the successors and assigns of the respective parties hereto. City will neither
assign nor sublet this Agreement without the prior written consent of Valley Water.
25) Choice of Law. Choice of Law and Venue. This Agreement is governed by California law. Proper
venue for legal action regarding this Agreement will be in the County of Santa Clara.
26) Amendments. This Agreement may not be modified or amended except in writing signed by the
authorized representative of both parties and approved as required by applicable law.
27) Compliance with Laws. Each Party must, in all activities undertaken pursuant to this Agreement,
comply and cause its contractors, agents, and employees to comply with all applicable federal,
state, and local laws, statutes, orders, ordinances, rules, and regulations.
28) Not Real Property Interest. It is expressly understood that this Agreement does not in any way
whatsoever grant or convey any permanent easement, fee, or other interest in a Party's real
property to the other Party.
29) Attorney's Fees. In the event of a dispute between the Parties with respect to the terms or
conditions of this Agreement, the prevailing Party is entitled to collect from the other its reasonable
attorney's fees as established by the judge or arbitrator presiding over such dispute.
30) Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remaining provisions will nevertheless continue in force without
being impaired or invalidated in any way; provided, however, this paragraph will not be applied to the
extent that it would result in a frustration of the parties’ intent under this Agreement.
31) Waiver. No delay or failure to require performance of any provision of this Agreement constitutes a
waiver of that provision as to that or any other instance. Any waiver granted by a Party must be
provided, in writing, and must apply to the specific instance expressly stated.
32) Entire Agreement. This Agreement, together with all Exhibits attached hereto, constitutes the entire
agreement between the parties concerning the public’s use of the Premises and supersedes all prior
written and oral understandings concerning the public’s use of the Premises.
Page 74 of 165
33) Counterparts. This Agreement may be executed in one or more counterparts, each of which will be
deemed to be an original but all of which together will constitute one and the same instrument.
34) Electronic Signature. Unless otherwise prohibited by law or City policy, the Parties agree that an
electronic copy of a signed contract, or an electronically signed contract, has the same force and
legal effect as a contract executed with an original ink signature. The term "electronic copy of a
signed contract" refers to a transmission by facsimile, electronic mail, or other electronic means of a
copy of an original signed contract in a portable document format. The term "electronically signed
contract" means a contract that is executed by applying an electronic signature using technology
approved by the City.
35) No Third-Party Beneficiaries. This Agreement is entered into only for the benefit of the Parties
executing this Agreement and not for the benefit of any other individual, entity, or person.
36) Signatures. The individuals executing this Agreement represent and warrant that they have the right,
power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the
respective legal entities of the City and the Valley Water.
37) Entire Agreement and Incorporation of Exhibits. This Agreement, together with all Exhibits
referenced herein and attached hereto, constitutes the entire agreement between the Parties and
supersedes all prior written and oral understandings.
signatures next page
Page 75 of 165
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year last
written below.
"City" "Valley Water"
CITY OF GILROY SANTA CLARA VALLEY WATER DISTRICT,
A municipal corporation a Special District, created by the California Legislature
By:________________________Date:_________
By:_______________________Date:________
Brad Kilger Melanie Richardson, P.E.
Interim City Administrator Interim Chief Executive Officer
ATTEST:
Kim Mancera
City Clerk
APPROVED AS TO FORM:
ATTEST:
___________________________________
Candice Kwok-Smith
Clerk of the Board of Directors
APPROVED AS TO FORM:
__ _
__ _
Andrew Faber Omar El-Qoulaq
City Attorney Assistant District Counsel
Page 76 of 165
EXHIBIT A (PREMISES AND SPECIAL PROVISIONS)
Exhibit # Segment Name Special Provisions
A.1
West Branch Llagas
Creek - Camino Arroyo
Bridge
• Public access to the Premises is restricted to daylight
hours.
• Swimming, boating, rafting, and fires are prohibited on
the Premises.
• City cannot provide any picnicking facilities on the
Premises.
Page 77 of 165
Exhibit # Segment Name Special Provisions
A.2
Lions Creek, West
Branch Llagas Creek,
and Upper Miller Slough
• Public access to the Premises is restricted to daylight
hours.
• Swimming, boating, rafting, and fires are prohibited on
the Premises.
• City cannot provide any picnicking facilities on the
Premises.
• Public access on the Premises must only be passive
in nature.
• City must maintain vegetation within 30 feet of the
property line near the pedestrian bridge for fire
protection and aesthetic purposes, and remove any
trash or dumping.
Page 78 of 165
Page 79 of 165
Exhibit # Segment Name Special Provisions
A.3
South Morey – Pedestrian
Bridge at Channel Avezan
Way and Gascony Court
• City cannot provide any picnicking facilities on
the Premises.
Page 80 of 165
Exhibit # Segment Name Special Provisions
A.4
Lions Creek Trail -
Pedestrian Bridge at
Tapestry Drive and
Cougar Court
• City cannot provide any picnicking facilities on the
Premises.
• Users of the Premises must not use the bridge to
enter Lions Creek or make any fires on the
Premises.
Page 81 of 165
Exhibit # Segment Name Special Provisions
A.5 Uvas-Carnadero Creek Levee Top
Trail • None
Page 82 of 165
Exhibit # Segment Name Special Provisions
A.6
Lions Creek Trail from
Kern Avenue to
Tapestry Drive
• City needs to restrict public access to the Premises
to daylight hours.
• Public access on the Premises must only be passive
in nature.
• City cannot provide any picnicking facilities on the
Premises.
• Swimming, boating, rafting, and fires are prohibited
on the Premises.
• City must pave the trail and be responsible for repair
and maintenance of any improvements made by City.
Page 83 of 165
EXHIBIT B—CITY DETOUR MAPS FOR TRAIL CLOSURES
Valley Water will notify the City with prior notice for non-emergency construction work that
necessitates trail closure as soon as reasonably possible. Valley Water and the City will coordinate
the closure of the trail for public safety purposes should it be required for City’s construction work, or
operations and maintenance activities, or Valley Water’s construction work, or operations and
maintenance activities. City will notify Valley Water’s Watersheds Operations and Maintenance Unit
prior to work on the trail. City will be responsible for developing and communicating detour routes to
the public. If the detour route differs from the one attached to this Agreement, City must provide
Valley Water with a copy of the revised detour map.
Page 84 of 165
EXHIBIT C—PARTNER AGENCY TRAIL MAINTENANCE PLAN
1. Annual Trail Maintenance Activities:
a. Trail Brushing and Vegetation Management:
o Ensure 90% clearance of weeds and branches within 5' on either side of the trail
o Maintain 90% clearance of weeds and branches on paved portions
o Prune trees to have a minimum eight- (8-) foot clearance above paved area
o Remove any broken or hanging limbs greater than one (1) inch in diameter
o Promptly remove cut branches and other debris from the Premises
b. Invasive Species Control:
o Ensure 80% or more of landscaped areas are free of weeds and 100% free of overtaking
vines
c. Pavement Maintenance:
o Repair cracks, depressions, and potholes in paved portions of the trail
o Ensure pavement is smooth and not crumbling or lifting
d. Drainage System Maintenance:
o Ensure 80% of landscaped areas and 100% of paved areas are free of standing water two
days after rain or two hours after irrigation
e. Hazardous Tree Removal:
o Assess trees for hazards and remove as needed
f. Trail Surface Repair:
o Address any surface quality issues on paved portions of the trail
g. Maintenance and Monitoring of Plantings:
o Ensure 80% or more of plantings show no signs of death or damage
o Monitor for appropriate size and shape of plants for their location
h. Trash and Graffiti Removal:
o Remove litter and debris (no more than 10 pieces per 100' line of sight)
o Empty trash receptacles before overflowing
o Remove graffiti within 24-48 hours of observation
2. Maintenance Inspection Schedule:
o Conduct weekly visual inspections of the trail
o Perform detailed quarterly inspections of all trail features
o Conduct annual comprehensive trail condition assessment
3. Trail Closure Action Plan:
o Implement trail closures as required for Valley Water maintenance actions or during high
creek flows
o Use bicyclist and pedestrian detour routes as outlined in Exhibit B
o Provide signage in advance of trail closures
4. Trail Security Responsibilities:
o Conduct regular patrols of the trail
o Respond to security concerns reported by trail users
o Coordinate with local law enforcement as needed
5. Permits:
o Maintain necessary permits for routine maintenance activities
o Coordinate with Valley Water for any activities requiring additional permitting
Page 85 of 165
EXHIBIT D - Joint Use Agreement Insurance Requirements
For purposes of this Exhibit, "Contractor" means any third-party entity engaged by the City to
perform work on the Premises. If the City performs work using its own personnel, the City shall
maintain equivalent insurance coverage as required herein per Section 20 of this Agreement.
Without limiting the Contractor’s indemnification of, or liability to, the Santa Clara Valley Water District
(“Valley Water”) and the City of Gilroy the Contractor must provide and maintain at its own expense,
during the term of this Agreement, or as may be further required herein, the following insurance coverages
and provisions as listed below.
Contractor must provide its insurance broker(s)/agent(s) with a copy of these requirements and warrants
that these requirements have been reviewed by Contractor’s insurance agent(s) and/or broker(s), who
have been instructed by Contractor to procure the insurance coverage required herein.
In addition to certificates, Contractor must furnish Valley Water with copies of all original endorsements
affecting coverage required by this Attachment. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are
to be received and approved by Valley Water. In the event of a claim or dispute, Valley Water has the
right to require Contractor’s insurer to provide complete, certified copies of all required pertinent insurance
policies, including endorsements affecting the coverage required by this Attachment insurance
document.
If your insurance broker has any questions about the above requirements, please advise him/her to email
Valley Water Risk Manager at RiskManager@valleywater.org.
CERTIFICATES OF INSURANCE
Contractor must furnish Valley Water with a Certificate of Insurance. The certificates will be issued on a
standard ACORD Form.
Contractor must instruct their insurance broker/agent to submit all insurance certificates and required
notices electronically in PDF format to the designated Valley Water Agreement Administrator and email a
copy to valleywater@ebix.com.
The certificates will:
1. Identify the underwriters, the types of insurance, the insurance limits, the deductibles and the
policy term;
2. Include copies of all the actual policy endorsements required herein; and
3. In the “Certificate Holder” box include:
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
and
Page 86 of 165
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
In the Description of Operations/Locations/Vehicles/Special Items Box:
1. Certificate Holder must be named as Additional Insured;
2. Valley Water agreement or project number must appear;
3. The list of policies scheduled as underlying on the Umbrella policy must be listed; and
4. Waiver of Subrogation must be indicated as endorsed to all policies.
If Contractor receives any notice that any of the insurance policies required by this Exhibit D,
Insurance may be cancelled or coverage reduced for any reason whatsoever, Contractor or
insurer must immediately provide written notice to the designated Valley Water Agreement
Administrator that such insurance policy required by this Exhibit D Insurance is canceled or
coverage is reduced.
MAINTENANCE OF INSURANCE
If Contractor fails to maintain such insurance as is called for herein, Valley Water, at its option, may
suspend payment for work performed and/or may order Contractor to suspend all Contractor’s work at
Contractor’s expense until a new policy of insurance is in effect.
RENEWAL OF INSURANCE
Contractor will provide Valley Water with a current Certificate of Insurance and endorsements within Thirty
(30) business days from the expiration of insurance.
Contractor must instruct its insurance broker/agent to:
1. Submit all renewals of insurance certificates and required notices electronically in PDF format
to:
valleywater@ebix.com
2. Provide the following information in the “Certificate Holder” box:
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
Contractor must, at its sole cost and expense, procure and maintain during the entire period of this
Agreement the following insurance coverage(s).
REQUIRED COVERAGES
1. Commercial General/Business Liability Insurance with coverage as indicated:
Page 87 of 165
$500,000 per occurrence/$500,000 aggregate limits for bodily injury and property damage.
$500,000 Products/Completed Operations aggregate (to be maintained for at least three (3) years
following acceptance of the work by Valley Water.
General Liability insurance must:
a. Be written on standard ISO forms, or inspected by Valley Water Risk Manager.
b. Include coverage at least as broad as found in standard ISO form CG 0001.
c. Include Premises and Operations.
d. Include Contractual Liability expressly including liability assumed under this Purchase Order.
e. If Contractor will be working within fifty (50) feet of a railroad or light rail operation, any
exclusion as to performance of operations within the vicinity of any railroad bridge, trestle,
track, roadbed, tunnel, overpass, underpass, or crossway must be deleted, or a railroad
protective policy in the above amounts provided.
f. Include Owners and Contractor’s Protective liability.
g. Include Severability of Interest.
h. Include Explosion, Collapse and Underground Hazards, (X, C, and U).
i. Include Broad Form Property Damage liability.
j. Contain no restrictive exclusions (such as but not limited to CG 2153, CG 2144 or CG 2294).
Valley Water reserves the right to require certain restrictive exclusions be removed to ensure compliance
with the above.
2. Business Auto Liability Insurance with coverage as indicated:
$500,000 combined single limit for bodily injury and property damage per occurrence, covering all owned,
non-owned and hired vehicles.
Excess or Umbrella policies may be used to reach the above limits for the General Liability and/or
Business Auto Liability insurance limits, however all such policies must contain a primacy clause (See
Section 2, General Conditions) and meet all other General Conditions below.
3. Workers’ Compensation and Employer’s Liability Insurance
Statutory California Workers’ Compensation coverage covering all work to be performed for Valley Water.
Employer Liability coverage for not less than $1,000,000 per occurrence.
Page 88 of 165
GENERAL REQUIREMENTS
With respect to all coverages noted above, the following additional requirements apply:
1. Additional Insured Endorsement(s): Contractor must provide an additional insured endorsement
for Commercial General/Business Liability and Business Automobile liability coverage naming the
Santa Clara Valley Water District, its Directors, officers, employees, and agents, individually
and collectively, as additional insureds, and must provide coverage for acts, omissions, etc.
arising out of the named insureds’ activities and work. NOTE: This section does not apply to the
Workers’ Compensation.
2. Primacy Clause: Contractor will provide evidence (either through the Certificate of Insurance,
endorsement or language in the insurance contract) that Contractor’s insurance is primary with
respect to any other insurance which may be carried by Valley Water, its Directors, its officers,
agents and employees, and Valley Water’s coverage must not be called upon to contribute or share
in the loss. NOTE: This section does not apply to the Workers’ Compensation policies.
3. Cancellation Clause: Contractor will provide endorsements for all policies stating that the policy
will not be cancelled without 30 days prior notification to Valley Water.
4. Acceptability of Insurers: All coverages must be issued by companies admitted to conduct
business in the State of California, which hold a current policy holder's alphabetic and financial size
category rating of not less than A- V, according to the current Best's Key Rating Guide or a
company of equal financial stability that is approved by Valley Water’s Risk Manager. Non-Admitted
companies may be substituted on a very limited basis at the Risk Manager’s sole discretion.
5. Self-Insured Retentions or Deductibles: Any deductibles or self-insured retentions must be
declared to and approved by Valley Water. At the option of Valley Water, either: the insurer must
reduce or eliminate such deductibles or self-insured retentions as respects Valley Water, its
officers, officials, employees and volunteers; or the Contractor must provide a financial guarantee
satisfactory to the Entity guaranteeing payment of losses and related investigations, claim
administration, and defense expenses. Contractor agrees that in the event of a claim they will pay
down any agreed upon SIR in a prompt manner as soon as bills are incurred in order to trigger the
insurance related to the SIR.
6. Subcontractors: The Contractor must secure and maintain or must be responsible for ensuring
that all subcontractors performing the Contract Services secure and maintain all insurance
coverages appropriate to their tier and scope of work in a form and from insurance companies
reasonably acceptable to Valley Water.
7. Amount of Liability Not Limited to Amount of Insurance: The insurance procured by Contractor
for the benefit of Valley Water must not be deemed to release or limit any liability of Contractor.
Damages recoverable by Valley Water for any liability of Contractor must, in any event, not be
limited by the amount of the required insurance coverage.
8. Coverage to be Occurrence Based: Except for Professional Liability, all coverage must be
occurrence-based coverage. Claims-made coverage is not allowed.
9. Waiver of Subrogation: Contractor agrees to waive subrogation against Valley Water to the extent
any loss suffered by Contractor is covered by any Commercial General Liability policy, Automobile
policy, Workers’ Compensation policy described in Required Coverages above. Contractor agrees
Page 89 of 165
to advise its broker/agent/insurer and agrees to provide evidence (either through the Certificate of
Insurance, endorsement or language in the insurance contract) that subrogation has been waived
by its insurer.
10. Non-compliance: Valley Water reserves the right to withhold payments to the Contractor in the
event of material noncompliance with the insurance requirements outlined above.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Page 90 of 165
CHECKLIST OF DOCUMENTS NEEDED
A. Limits ($500,000)
B. Additional Insured (Endorsement)
C. Waiver of Subrogation (COI, Endorsement or policy language)
D. Primacy (COI, Endorsement or policy language)
General Liability:
E. Cancellation Endorsement
A. Limits ($500,000)
B. Additional Insured (Endorsement)
C. Waiver of Subrogation (COI, Endorsement or policy language)
D. Primacy (COI, Endorsement or policy language)
Auto Liability:
E. Cancellation Endorsement
A. Limits ($) Umbrella:
B. Primacy (Endorsement or policy language)
A. Limits ($1,000,000)
B. Waiver of Subrogation (Endorsement or policy language)
Workers’ Comp:
C. Cancellation Endorsement
Exhibit D, Joint Use Agreement GL/AL $500K/WC_11.26.2024
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Page 91 of 165
City of Gilroy
STAFF REPORT
Agenda Item Title: Award a contract to SVA Architects, Inc. for Architectural
Design Services for Library Improvements and Renovation
25-RFP-PW-520, and Adopt a Resolution Amending the Fiscal
Year 2025-26 Budget to Appropriate the Funds
Meeting Date: September 8, 2025
From: Brad Kilger, Interim City Administrator
Department: Public Works
Submitted by: John Doughty, Public Works Director
Prepared by: Ryan Osenton, Project Manager
STRATEGIC PLAN GOALS: Maintain and Improve City Infrastructure
RECOMMENDATION
City Staff is recommending that Council:
1. Award a contract to SVA Architects, Inc. in the amount of $390,660 ($385,660
base fee and $5,000 in reimbursable expenses) for Architectural Design Services
for the Library Improvements and Renovation Project;
2. Adopt a resolution to amend the Fiscal Year 2025-26 budget within the Gilroy
Library Fund (405) to appropriate $390,660; and
3. Authorize the Interim City Administrator to execute the agreement and all other
related documents.
EXECUTIVE SUMMARY
The Library Improvements and Renovation Design Project will prepare design and
construction documents to address necessary updates, renovations, and expansions at
the Gilroy Library. This contract will provide full architectural services, including
conceptual and schematic design, construction documents, plan check, bid-phase
support, and limited construction administration. The total contract amount of $390,660
will be funded by Fund 405 – Gilroy Community Library for the design phase and is an
additional budgeted item in FY24-28 Capital Budget as Project Number 801000, as
Page 92 of 165
approved by City Council on October 7th, 2024. Approval of this contract will enable the
City to move forward with design and construction bid documents to facilitate potential
construction in Summer 2026.
BACKGROUND
The Gilroy Library was constructed in 2012 using General Obligation Bond proceeds.
Approximately $5.8 million in unspent bond funds remain, which are restricted to
improvements for real property. The Library is maintained by the City of Gilroy, while
services and operations are managed by the Santa Clara County Library District
(SCCLD).
In 2024, SCCLD initiated a Feasibility Study to evaluate building limitations and identify
cost-effective improvements. Steinberg Hart was retained to conduct the study, which
examined the feasibility of upgrades to specific areas and identified the improvements
that could be funded utilizing the remaining bond proceeds. Following completion of the
Feasibility Study, on October 7, 2024, the City Council approved the project and
appropriated $800,000 in FY25 for the architectural and design services. The project is
funded by Fund 405 – Gilroy Library Fund.
The City of Gilroy is seeking to hire an Architectural Consultant Team to provide
Professional Architectural Design Services to complete the design, produce
construction documents, support the bid process, and provide limited construction
administration for renovations to the Gilroy Library. Design work will focus on the
following areas:
• Reviewing existing Building Management System for HVAC and interior/exterior
lighting system, evaluate options, and make recommendations on replacement
systems.
• Converting the upstairs study space into small and medium-sized meeting
rooms.
• Combining the Teen Study Room and Teen Area into one space.
• Remodeling all service points to support more flexible technology.
• Converting the Computer Room into a flexible space with appropriate power and
infrastructure.
• Extending the Children’s Room programming space.
• Combining the Coffee Nook, Friends of the Library area, and the downstairs
Meeting Room into one community room.
ANALYSIS
The City issued Request for Proposals No. 25-RFP-PW-520 in June 2025 and received
eight proposals. A review committee evaluated the proposals in accordance with the
criteria listed in the RFP and unanimously recommended SVA Architects, Inc.
Page 93 of 165
SVA’s proposal was selected based on its clear and comprehensive work plan, relevant
experience with numerous library projects throughout California, and strong references.
While cost was not a selection criteria, SVA’s proposal was the lowest priced at
$385,660 plus $5,000 for reimbursable expenses.
Proposed Project Schedule:
Task 1 – Conceptual Design – 4 weeks
Task 2 – 30% Schematic Design – approximately 4-6 weeks
Task 3 – 60% Design Development – approximately 12 weeks (including Holidays)
Task 4 – 95% Construction Documents – approximately 9-12 weeks
Task 5 – Plan Check & Project Approval – approximately 4 weeks
Task 6 – Bidding Phase & Project Award – approximately 8 weeks
Task 7 – Construction Administration – as needed
ALTERNATIVES
Council may choose not to award the agreement to SVA Architects and reject all
proposals. This is not recommended, as the SVA proposal meets established criteria
and is well within budget. Further, the action would necessitate initiating the
procurement process resulting in delay of the project. It is also anticipated that restarting
the process would be unlikely to yield different results without reducing the scope of
work and may result in higher contract costs.
FISCAL IMPACT/FUNDING SOURCE
This capital project is identified as CIP Project 801000. This contract will be funded by
the Gilroy Community Library (405) Fund, which holds the unspent bond proceeds, and
the project is included in the updated FY24-28 CIP. The agreement with SVA Architects,
Inc. is for an amount not to exceed $385,660, with an additional $5,000 for reimbursable
expenses. The award of this contract was budgeted initially and anticipated to occur in
FY25. Given that the City is now in the new fiscal year, FY26, the recommended action
includes a budget amendment resolution to appropriate $390,660 in FY26.
PUBLIC OUTREACH
NEXT STEPS
If approved by Council, staff will complete the contract with the selected vendor and
commence design per the scope of work.
Page 94 of 165
Attachments:
1. Library Improvements and Renovation Cost Proposal_SVA Architects
2. Library Improvements and Renovation Proposal_SVA Architects_LR
3. Library Improvements RFP 25-RFP-PW-520
4. Budget Amendment Resolution
Page 95 of 165
Submitted by:
SVA Architects, Inc.
7901 Stoneridge Dr, Suite 100
Pleasanton, CA 94588
T: 925.374.9884
www.sva-architects.com
CITY OF GILROY
Request For Proposals
ARCHITECTURAL DESIGN SERVICES FOR
LIBRARY IMPROVEMENTS & RENOVATION
NO. 25-RFP-PW-520
COST PROPOSAL
Page 96 of 165
5. Cost
COST PROPOSAL
Based on the RFP, the site tour, our project understanding, and our team’s experience with similar projects, our total
proposed base fee is Three Hundred Eighty-Five Thousand Six Hundred and Sixty Dollars ($385,660.00). This fee
assumes a four million dollars construction budget. This fee includes the services of SVA as the Architect, along with
the key engineers and consultants as featured in our proposal: Structural, Mechanical/Plumbing, Electrical, and Cost
Estimating. Exterior work such as civil engineering and landscape design are excluded at this time. Included below
is a breakdown of fees by the key phases anticipated and each key team members’ participation; an allowance for
reimbursable expense is also provided. SVA is open to discuss our fee approach to ensure that our fees are fair and
competitive.
SVA Architects EDC KPFF Stone Creek
Engineering
Architectural &
Interiors
MEP
Engineering
Structural
Engineering
Cost
Estimating
Conceptual Design $6,750 NA NA NA $6,750
Schematic Design (30%)$27,000 $17,920 $6,000 $4,680 $55,600
Design Development (60%)$56,250 $13,440 $12,500 $6,300 $88,490
Construction Documents (95%) $72,000 $35,840 $17,500 $10,080 $135,420
Plan Check $11,250 $4,480 $2,500 NA $18,230
Bid Phase Support $6,750 $4,480 $1,500 NA $12,730
Construction Administration $45,000 $13,440 $10,000 NA $68,440
Totals: $225,000 $89,600 $50,000 $21,060 $385,660
Reimbursable Expense Allowance:$5,000
Proposed Scope of Work Fees
SVA ARCHITECTS, INC.
Architect
Partner/Principal $225
Sr. Project Architect/Manager $195
Senior Designer / Planner $195
Project Architect / Manager $175
Designer / Planner $175
Job Captain $155
Intermediate Designer $125
Junior Technical Designer $100
Clerical Staff $75
KPFF CONSULTING ENGINEERS
Structural Engineer
Principal $280
Associate $190
Project Engineer $150
Design Engineer $125
BIM Lead $190
BIM $165
EDESIGNC, INC.
MEP Engineers
Principal Electrical $255
Principal QA-QC $255
SR. Mechanical $233
SR. Plumbing $233
Project Manager $207
Low Voltage Design $195
BIM Manager $154
STONE CREEK ENGINEERING
Cost Estimator
Senior Estimator $175
SCHEDULE OF RATES
REIMBURSABLE EXPENSES
Reimbursement for any direct expenses will be at 1.10 times the actual expense. Reimbursable expenses will include,
but not be limited to, computer plots, printing and reproduction, photo work, artist renderings (if requested by Client),
overnight delivery, and messenger services.
Page 97 of 165
Submitted by:
SVA Architects, Inc.
7901 Stoneridge Dr, Suite 100
Pleasanton, CA 94588
T: 925.374.9884
www.sva-architects.com
CITY OF GILROY
Request For Proposals
ARCHITECTURAL DESIGN SERVICES FOR
LIBRARY IMPROVEMENTS & RENOVATION
NO. 25-RFP-PW-520
Page 98 of 165
Table of Contents
1. Title Page and Cover Letter 01
2. Experience and Examples 03
3. Key Staff 15
4. Scope and Approach 26
5. Cost (Submitted Separately)
San Juan Capistrano Library Renovation, San Juan Capistrano, CA
Page 99 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 01
1. Title Page and Cover Letter
CITY OF GILROY
PUBLIC WORKS DEPARTMENT
REQUEST FOR PROPOSALS FOR
ARCHITECTURAL DESIGN SERVICES FOR
LIBRARY IMPROVEMENTS AND RENOVATION
NO. 25-RFP-PW-520
Proposals Due by: 2:00 pm, Thursday, July 10, 2025
Submitted By:
SVA Architects, Inc.
7901 Stoneridge Dr, Suite 100
Pleasanton, CA 94588
T: 925.374.9884
www.sva-architects.com
Authorized Individual:
Robert M. Simons, AIA
Partner & President
7901 Stoneridge Dr, Suite 100
Pleasanton, CA 94588
E: bsimons@sva-architects.com
T: 925.374.9884
Primary Contact:
Nathan Herrero, AIA
Principal & Vice President
7901 Stoneridge Dr, Suite 100
Pleasanton, CA 94588
E: nherrero@sva-architects.com
T: 925.374.9884
KPFF Consulting Engineers
Structural Engineer
45 Fremont Street, 28th Floor,
San Francisco, CA 94105
www.kpff.com
T: 415.268.1095
EDesignC Inc.
MEP Engineers
582 Market Street, Suite 400,
San Francisco, CA 94104
www.edesignc.com
T: 415.963.4303
Stone Creek Engineering, Inc.
Cost Estimator
1187 Vanderbilt Circle, Unit 6,
Manteca, CA 95337
www.stonecreekengineering.com
T: 408.489.8853
Subconsultants:
SVA Architects, Inc.:
Page 100 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 02
July 10, 2025
City of Gilroy
Public Works Department
7351 Rosanna Street, Gilroy, CA 95020-6197
Attn: Ryan Osenton, Project Manager
RE: REQUEST FOR PROPOSALS FOR ARCHITECTURAL DESIGN SERVICES
FOR LIBRARY IMPROVEMENTS & RENOVATION
NO. 25-RFP-PW-520
Dear Mr. Osenton,
SVA Architects, Inc. (SVA) is excited to submit our qualifications to the City of Gilroy (City) to provide professional
Architectural Design Services to complete the design of Gilroy Library Improvements and Renovation. SVA will lead a
skilled team and ensure that the project design and delivery for the library will meet and exceed your expectations. I, as
your Principal-in-Charge, attended the mandatory site meeting on June 23, I have a good understanding of the scope
and what is required to ensure a successful project.
At SVA, our primary focus is public work and our proposed team members have been selected based on their expertise
with libraries, track record with jurisdictional approvals, and overall civic project experience. For this project, SVA will
lead the design efforts: EDesignC will provide MEP engineering services, KPFF will provide structural engineering for
affected area, and Stone Creek Engineering will provide cost estimating. The City will benefit from our team that can
also demonstrate the following expertise:
• Public Sector Experience — We have developed a diverse portfolio of work and collaborated with various civic
clients, among which include a library expansion and modernization for the City of Cupertino, a new Public Safety
Building for the City of Mountain View, and various on-call improvement projects for the County of Santa Clara and
City of Milpitas.
• Portfolio of Library Designs — We thoughtfully design libraries to be social gathering places that offer better
information access, educational opportunities, and public services. This is highlighted by our new libraries for
City of Cupertino, County of Los Angeles and City of San Diego, as well as many recent library renovations and
expansion for half a dozen of city and county clients.
• Expertise with Library Renovations — Among those library projects mentioned above, there are eight (8) major
library renovation projects for Orange County Public Libraries (OCPL) where SVA is also serving as the architect to
establish interior design standards County-wide. For libraries and most of our projects, SVA utilizes our in-house
interiors team to creatively craft stimulating, effective, and sustainable spaces.
• Commitment to On-Time Project Deliver — We understand the project is targeting a Summer 2026 start of
construction; SVA is a substantial architectural firm and we have the resources to complete this project within the
anticipated time frame.
Utilizing a fully integrated approach, SVA will meet and exceed the goals of the City. We look forward to the opportunity
to show our commitment to the City for these improvements. Please do not hesitate to reach out should you have any
questions or require further information from SVA.
SVA has reviewed Addendum #1 and the associated documents, posted 7/2/25, and has followed the details therein.
Sincerely,
Nathan Herrero, AIA, LEED AP BD+C
Principal & Vice President
E: nherrero@sva-architects.com | C: 209.614.5395
SVA Architects, Inc.
7901 Stoneridge Dr, Suite 100
Pleasanton, CA 94588
T: 925.374.9884
www.sva-architects.com
COVER LETTER
Page 101 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 03
FIRM HISTORY
SVA was founded in September 2003 by Mr. Robert Simons,
AIA and Mr. Ernesto Vasquez, FAIA. As President and
CEO, respectively, they have over 80 years of combined
architectural experience and have utilized this expertise
and skill to lead the SVA Team in designing a wide range
of 21st century facilities. Since our founding, SVA has
offered architectural planning and design services to civic clients throughout
California and the western United States. With a long-held passion for
community involvement and crafting functional environments, our team has
an excellent track record with public works projects and our designs have
been recognized with many design awards. The firm’s success lies in our
well-demonstrated ability to achieve highly attractive, functional, and efficient
architecture, while completing a wide variety of projects on time and on
budget.
SVA’s design philosophy is defined by a three-step process: Listen/Solve/
Create. We believe that the collective voice of the user is the principal driver
of design, emphasizing context and function. We listen and work closely with
our clients. Their challenges become our challenges. Their goals become
our goals. By engaging the diverse user groups of each project, we can offer
a more responsible and responsive solution. As part of this process, SVA
places a high value on building consensus. It is important for us to collaborate
with clients and their respective communities in a direct and engaging
way. Our goal is to receive holistic feedback so that we can be sure we are
understanding the breadth of needs, ideas, and objectives in our design. We
take this feedback seriously and allow it to guide our design process.
Firm Name SVA Architects, Inc.
Areas of
Expertise
Architecture
Planning
Interiors
Sustainable Design
Landscape
Firm Size 70+ Employees
Office
Locations
■Pleasanton, CA
■Davis, CA
■Santa Ana, CA
■Del Mar, CA
Business
Addresses
Office to Serve:
7901 Stoneridge Dr,
Suite 100
Pleasanton, CA 94588
Headquarters:
6 Hutton Centre Drive,
Suite 1150,
Santa Ana, CA 92707
Project Contact
to Serve City
Nathan Herrero, AIA,
Principal
& Vice President
(Pleasanton, CA)
T: 925.374.9884
2. Experience and Examples
Firm Name KPFF Consulting
Engineers
Areas of
Expertise
Structural
Civil
Bridge Engineering
Environmental Planning
Transportation
Engineering
Firm Size 1200+ Employees
Primary Office
Location &
Addresses
45 Fremont Street,
28th Fl.,
San Francisco, CA
94105
Project
Manager to
Serve City
David Rossi, S.E.,
Principal
(San Francisco, CA)
T: 415.268.1095
Firm Name EDesignC Inc.
Areas of
Expertise
Mechanical
Electrical
Plumbing
Fire Alarm Systems
Audio Visual
Security Systems
Firm Size 50+ Employees
Primary Office
Location &
Addresses
582 Market St, San
Francisco, CA 94104
Project
Manager to
Serve City
Rosanna Lerma, PE,
LEED AP,
Principal
(San Francisco, CA)
T: 415.963.4303 x100
Firm Name Stone Creek
Engineering
Areas of
Expertise
Cost Estimating
Program
Management
Construction
Management
Scheduling
Firm Size 1 Employee
Primary Office
Location &
Addresses
1187 Vanderbilt
Circle, Unit 6,
Manteca, CA 95337
Project
Manager to
Serve City
Jeffrey D. Threet, MS,
PE, LEED AP, CPE,
President
(Manteca, CA)
T: 408.489.8853
SUBCONSULTANT FIRM INFORMATION
Page 102 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 04
TRACK RECORD WITH GOVERNMENT MUNICIPALITIES, COUNTIES & DEPARTMENTS
SVA has a portfolio of civic work spanning over two decades, including designs for renovations and modernization of
all scales, as well as new construction and expansions. Our civic clients trust us to deliver innovative designs to service
the needs of their respective communities. SVA has a broad range of experience in the design and renovation of public
facilities including many libraries, senior centers, and community centers. With a long-held passion for community
involvement and crafting functional environments, our team has an excellent track record working on a long list of
public works projects.
Key projects and additional examples of our relevant project experience for other municipalities are shown on the
following pages.
EXPERTISE WITH LIBRARIES
SVA has gained extensive knowledge and experience with the special requirements and responsibilities that come
with designing renovations and other improvements for libraries. Our team has worked on many projects similar to
the one proposed for the City of Gilroy. Our team is on our 7th and 8th library modernization for Orange County Public
Libraries (OCPL). Our experience for OCPL encompasses ADA compliancy, energy efficiency, infrastructure upgrades,
technology enhancements, etc. which are very similar to the scope identified for the Gilroy Library. Our experience
includes the Cupertino Library which was a modernization that required a new two-story 5,626 sq. ft addition that
connects to the existing library structure. The SVA team was able to successfully expand this library while matching
the overall aesthetics. Other relevant library projects include providing renovations to the Newhope Library and Delhi
Community Center Library for the City of Santa Ana and a significant expansion for the City of Murrieta Library.
Our portfolio also contains a long list of other community-focused
facilities including community centers, civic centers, educational
centers, and wellness facilities for various government municipalities,
counties and departments. Regardless of facility types, due to the
constant changes in technology in our current society, our team
members have always designed our projects with flexibility and
modernity in mind. Our team is dedicated to delivering designs
that meet the client’s standards as well as respond to the continual
advance and diversification of today’s technological world.
Page 103 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 05
Orange County Public Libraries selected SVA to design the interior standards for
both the development of all planned interior renovations of existing County libraries
and construction of all new public libraries. Orange County has begun a program of
County-wide renovations with a dozen projects currently on the board.
Our team is currently working on the following six libraries to bring each of them
up to today’s standards with 21st century technology features; the renovations will
provide each facility with a modern look and the design will be more responsive to
emerging programs to serve all patrons, young and old.
OC Public Libraries Various Renovations
Orange County, CA
Final Project Budget:
Varies; $1M to $5M (Each)
Project Duration:
2019 - Ongoing
Project Size:
8 Sites; Vary between
10,000 to 20,000 SF per
library.
Company Role:
Full A/E Services
Client:
Orange County Public
Libraries
Contact Person:
Mathew DeHart, Sr. PM
T: 714.667.4972
E: matthew.dehart@ocpw.
ocgov.com
Project Team/Roles: ▪Robert M. Simons - PIC ▪Doug Brown - Sr. PM ▪Mel Tan - PA ▪Robert Puleo - Interiors ▪Judy Cheng - Coordinator
Completed:• Rancho Santa Margarita
Library Remodel• Cypress Library Remodel• Westminster Library Remodel• San Juan Capistrano Library• Stanton Library
Ongoing:• Dana Point Library• Aliso Viejo Library• Garden Grove Library
THREE EXPERIENCE SUMMARIES OF SIMILAR WORK
Page 104 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 06
OC Public Libraries Various Projects & Remodels (Continued)
Orange County, CA
Page 105 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 07
The Cupertino Library expansion involved the demolition of the existing single-
story 1,175 sq. ft. Children’s Book Area and replacing it with a new two-story 5,626
sq. ft addition that connects to the existing Library structure. A new multipurpose
Program Room houses a presentation space with a minimum of 130 seats as well
as additional spillover seating. Space flexibility was achieved with rooms that can
be divided and used for multiple programs simultaneously. Also included are a
kitchenette, gender-neutral restrooms on each floor, as well as janitorial closets and
general storage rooms.
The architecture of this addition is punctuated by the glass storefront façade on both
the outside and courtyard side elevation, creating a transparent jewel box, which
entices and welcomes visitors to explore this new space. This transparency also
allows for a visual link from within the courtyard to the Memorial Grove outside and
reinforcing the idea of connection between building and place.
Cupertino Library Expansion & Modernization
Cupertino, CA
Final Project Budget:
$7,000,000
Project Duration:
2020 - 2022
Project Size:
5,626 SF
Company Role:
Full A/E Services
Client:
City of Cupertino
Contact Person:
Susan Michael
Project Manager
T: 408.777.1328
E: susanm@cupertino.org
Project Team/Roles: ▪Robert M. Simons - PIC ▪Nathan Herrero - Sr. PM
& Architect ▪Chris Bradley - PA ▪Robert Puleo - Interiors ▪Judy Cheng - Coordinator
Page 106 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 08
The population of Murrieta, and Riverside County is among the fastest growing in
the nation, with the population of the City increasing by 16.7% since 2010. As the
only library facility in Murrieta, The Murrieta Public Library, constructed in 2007,
does not currently have the space and facilities to adequately meet the increased
community needs that stem from the City’s increased population.
To accommodate this increase in population and growing needs for the facility, SVA
is working with the City of Murrieta to remodel and expand their Children’s Library
area for the Murrieta Public Library. The goal is to construct a Storytime area and
connect it to and expand the adjacent Children’s library section. The expansion will
extend outwards to the current garden area – extending library capacity by at least
20%. The expansion also includes widening the area and alleviating much of the
current space limitations and programing restrictions facing the library by adding
collection shelving, flexible seating and equipment geared towards the needs of
today’s families.
Murrieta Library Expansion & Modernization
Murrieta, CA
Final Project Budget:
$4,500,000
Project Duration:
2023 - 2025 (Est.)
Project Size:
7,700 SF
Company Role:
Full A/E Services
Client:
City of Murrieta
Contact Person:
Brian Crawford
Senior Program Manager
T: 951.461.6047
E: BCrawford@MurrietaCA.
gov
Project Team/Roles: ▪Robert M. Simons - PIC ▪Doug Brown - Sr. PM ▪Alejandro Parra - PD ▪Robert Puleo - Interiors ▪Judy Cheng - Coordinator
Page 107 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 09
EXAMPLES OF RELEVANT PROJECTS FOR OTHER MUNICIPALITIES
As the City of Mountain View has grown, the City has dramatically outgrown its existing public safety building, home
to its police department, emergency operations, and fire administration. SVA has been hired by the City of Mountain
View to develop alternatives for the Public Safety Headquarters – an option that adds ~17,000 SF to its existing building
along with modernization, as well as two options for an entirely new building of approximately 65,000 SF, one at the
current site and another at a different City property nearby. The goal is to select the most viable option and proceed
with full design and implementation.
To meet the growing needs of their community and staff, the City of Moorpark wanted to relocate to a new improved
city hall facility to better meet the demands of the city. The city purchased a building and retained SVA to renovate it to
meet their needs. Office space, meeting rooms, and other ancillary space were developed for the City’s approximately
60 staff and elected officials. These improvements consisted of office space, meeting rooms, and other ancillary spaces
for approximately 60 people. Additionally, the design provides a new 100-seat city council chamber with an audio-video
room and an overflow room, a new central records vault, storage, new signage, and landscaping.
The work for this project consists of two phases. Phase one is a tenant improvement that will include a variety of
tasks for the 23,000 sq. ft. facility, covering new flooring, interior paint, furniture and workstation replacement and
reconfiguration in selected areas. The project’s second phase will include a facility and space needs assessment
and programming for long-term facility needs. SVA and our engineers are undertaking a series of investigations,
evaluations, planning, and recommendations for the existing facility (550 Jefferson Blvd) and the adjacent annex facility
(1025 Triangle Court) to provide a long-term road map to plan for future facility growth and improvements.
City of Mountain View New Public Safety Headquarters, Mountain View, CA
City of Moorpark Civic Center Renovation, Moorpark, CA
City of West Sacramento Police Department Tenant Improvements, Sacramento, CA
Page 108 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 10
SVA is working with the City of Livingston to renovate a 24,200 SF single story building into a recreation center. The
project will feature basketball courts, multipurpose rooms, teen/senior facilities, administrative and support space,
commercial kitchen facilities, and 305 SF to public works storage. Also included in the project will be dedicated
parking, outdoor seating, restroom/shelter overhangs, permanent game tables, large playground, splash pad, ninja
gym, and displays areas for public art.
The new One-Stop Development Center comprises of a new building that houses the Department of Public Works,
Department of Regional Planning, and the Building & Safety Division. The one-story 7,500 sq. ft. building contains
public queuing/waiting spaces interactive application workstations, and public restrooms. It also includes staff offices,
open workstations, conference rooms, and a staff lunch area. The project places special emphasis on sustainability,
incorporating rooftop photovoltaic panels, daylight orientation, electric vehicle charging stations, native landscaping,
and irrigation.
The driving design theme behind the renovation of the West Basin Municipal Water District’s Edward C. Little Water
Recycling Facility and Visitor Center (“ECLWRF”) was Education. We created a Visitor Center that educates the general
public on the Water District’s dynamic and vital role in the water cycle. The newly designed visitor center features an
enlarged and remodeled public lobby space and a newly constructed conferencing center where interpretative exhibits
and multimedia presentations educate visitors.
City of Livingston Rec Plex, Livingston, CA
County of Los Angeles One-Stop Development Center, La Puente, CA
Edward C. Little Water Recycling Facility Visitor’s Center Renovation, El Segundo, CA
Page 109 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 11
SVA was the architect for a design-build team with Splice/One WorkPlace to transform the offices of the Lucile Packard
Foundation for Children’s Health. The existing layout was converted from a warren of small offices around the perimeter
window wall to an open layout with 10 multi-function office/collaboration spaces, a larger kitchen and communal
gathering area, and open workstations in a variety of configurations to accommodate staff’s preferences. Dynamic
finishes and wall art that reflect the Foundation’s new brand identity were incorporated throughout, and two large
meeting/event spaces were created to help host fundraising events and all-staff meetings.
The project consists of 100,000 sq. ft. of office tenant improvements and 75,000 sq. ft. of exterior/landscaping
renovations. The interior tenant improvements will consist of a center for learning and innovation, in addition to a
wellness and workout room. IEHP’s objective is to provide a dedicated space for non-department specific company
training and development such as leadership trainings, provider meetings, certification programs, orientations,
community meetings, retreats, and college course classes.
The Juvenile Justice Center houses pre-trial youth pending appearance in the new, on-site delinquency courthouse.
In addition to this population, the detention facility also provides temporary placement for youth in foster care who
are between placements. The Juvenile Courts component was planned to meet current and future court needs, with
spaces large enough to meet anticipated future staffing levels. Security is emphasized and circulation patterns create
clear separations of public, in-custody and staff areas. This facility also houses prosecutorial and defense staff working
with juvenile delinquents and offers a waiting room for families visiting the court.
Lucile Packard Foundation for Children’s Health Office Tenant Improvement, Palo Alto, CA
Inland Empire Health Plan Learning and Training Center, Rancho Cucamonga, CA
Alameda County Juvenile Justice Center, San Leandro, CA
Page 110 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 12
In a bold effort to revitalize Fruitvale’s central business district, this 10-acre mixed-use project brings to life an existing
BArt station by replacing the on-grade parking lot with a bustling commercial, retail, and entertainment paseo of
community-related uses. Fruitvale’s redevelopment plan included over 30,000 sq. ft. of retail/restaurant space, 60,000
sq. ft. of offices, a 40,000 sq. ft. health clinic, 12,000 sq. ft. community resource center, 5,000 sq. ft. library and 47
residential live/work units. The two buildings house retail stores on the first level, community facilities on the second
level and innovative loft housing on the third level.
Our team designed a LEED Gold Certified environment that efficiently and effectively arranges the spaces within
the project so as to enhance communication between staff members and facilitate collaboration. The project design
conforms to the existing building architecture and uses double-acting circulation paths to provide access to multiple
functions simultaneously. Following our success with design for the ground floor, SVA was selected to provide design
services for the tenant improvement of approximately 50,000 sq. ft. on the second floor.
After outgrowing their old civic center, the City of La Habra partnered with SVA Architects and DLS Builders to convert
an existing business complex into a spacious and modern 21st century civic center. The facility features ample space
for La Habra’s City Hall, along with all civic departments (administration, finance, community development, public works,
and engineering), as well as a U.S. Post Office, new police department evidence storage, and a multi-use training/
workshop space. A key design feature of this project is the transformation of an exterior courtyard into an enclosed,
atrium-style lobby that fills the entrance with natural light and provides a central hub for all civic business.
Fruitvale Village Phase I, Oakland, CA
UCPath Center Tenant Improvements, Riverside, CA
La Habra Civic Center Renovation, La Habra, CA
Page 111 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 13
SVA provided assessment, programming, budgeting, and renovation design services in Oakland, California to create
The Greenlining Institutes’ new headquarters and meeting facility. Originally, the building was a six-story historical bank
built at the turn of the 20th century. The semi-abandoned structure was transformed into a flourishing, energy-efficient
office that includes 7,500 sq. ft. of workspace and 8,000 sq. ft. of art and community meeting space. Our team worked
with The Greenlining Institute, a public policy, research, and advocacy non-profit organization to craft a memorable
environment that reflects the values and history of the company.
The 92,000 sq. ft. complex is three stories over below-grade parking with a separate two-story 37,000 sq. ft. parking
structure, and provides comprehensive physical training facilities as well as administrative offices. The facility also
reaches out to the surrounding residential community and features an outdoor civic plaza, as well as community rooms
available for public use. In the event of an emergency, the Headquarters is a designated center for disaster relief. The
project is LEED Gold Certified.
This LEED Gold certified library takes inspiration from the warm desert environment in which it sits, promoting a
campus-like environment at the intersection of community education and sustainability. The Library is a linear, one-story
facility anchored by a metal canopy structure that runs north to south along the eastern façade. The simple organization
of the design creates a harmonious balance between the central public gathering spaces (main lobby, customer service
desk, community meeting room, and quiet study spaces). Eco-friendly features such as bioswales, drought-tolerant
landscaping, and controlled interior lighting ensure that this facility will be sustainable throughout the years.
Greenlining Institute Tenant Improvements, Oakland, CA
Port of Los Angeles Police Headquarters, San Pedro, CA
County of Los Angeles Quartz Hill Library, Quartz Hill, CA
Page 112 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 14
This award-winning complex includes La Escuelita Elementary School, MetWest High School, a combined Child
Development Center, District IT Center, KDOL the TV Station, and a Community Health Clinic. From its inception, SVA
worked with the District to master plan this 5.6-acre complex, recording and utilizing all input from community members,
faculty and staff, and other stakeholders. The project was designed to maximize energy efficiency and provide
enhanced indoor environmental comfort for its occupants. It is the highest scoring CHPS Verified Leader School in
California.
At the core of this 10,000 sq. ft. library is a public computer center of 80 stations that provides software and internet
access to the city’s residents. Surrounding this central hub is space for the library’s educational support and homework
literacy assistance services, as well as an extensive collection of books for children and young adults. The building’s
form facilitates access to essential technology and support services, with the high-ceiling and windows along the north
façade providing indirect, glare-free lighting.
The original San Ysidro Branch Library was built in 1924 and was only 4,089 sq. ft. It lacked meeting rooms, a computer
lab and onsite parking proving to be outdated and inadequate for the San Ysidro community. The project involved the
design and construction of a new single-story library of approximately 15,000 sq. ft. and the restoration of the existing
designated historic home. The library building consists of Entry/Community Services, Computer Lab, Reader Service
Area, Informal Reading/Special Feature Area, Reference Area, Multipurpose Room, Adult/Young Adult Area, Children’s
Area, and Staff Support Areas.
La Escuelita Education Center, Oakland, CA
City of Riverside Arlanza Library, Riverside, CA
City of San Diego San Ysidro Library, San Ysidro, CA
Page 113 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 15
KEY SVA TEAM MEMBERS
The following SVA team members will serve as the key staff for this project. Each of our proposed team members have
the availability and capacity to take on this assignment. While the firm has many projects, both kicking off and closing
out, this workload will not overshadow our commitment to deliver quality and responsiveness to the City.
3. Key Staff
ROBERT M. SIMONS, AIA, Registered Architect: C-18301
Architect of Record
Mr. Simons has devoted his 40 year career to creating enduring, functional, and sustainable
spaces. His vision for creating spaces that enhance quality of life has resulted in an array of
innovative developments and award-winning projects. Mr. Simons has worked on many library
renovations over the years including for the City of San Diego San Ysidro Library, County of Los
Angeles Quartz Hill Library, and several improvements for various libraries for Orange County
Public Libraries. He received his Bachelor of Architecture from California Polytechnic State
University, San Luis Obispo.
NATHAN HERRERO, AIA, LEED AP BD+C, Registered Architect: C-33048
Principal-in-Charge | Primary Contact & Individual to Oversee the Project
Mr. Herrero brings a wide range of experience to the project team. His background in diverse
project types and delivery methods makes him one of the firm’s more versatile and valuable
project architects/managers. He is highly knowledgeable of building code and accessibility
compliance standards and has a stellar track record in obtaining jurisdictional approvals, project
certification, and closeout for each assignment. Mr. Herrero’s experience with libraries includes
an expansion for the City of Cupertino Library and library improvements for Evergreen Valley HS
Cougar Hall. He received his Bachelor of Architecture, with Honors, from Yale University.
CHRISTOPHER BRADLEY, AIA, CSI, CCCA, Registered Architect: C-29233
Senior Project Manager
Mr. Bradley joined SVA Architects in 2005, and since then, has become one of the firm’s key
project managers and architects. As Sr. Project Manager, his responsibilities include performing
onsite studies, researching city planning and related code compliance. Chris is also responsible
for our client relations in Northern California to ensure each project is proceeding on schedule
and meeting our clients’ expectations. He received his Masters of Philosophy from Biola
Unviersity and his Bachelor of Architecture from California State Polytechnic University, Pomona.
ROBERT PULEO, ASSOC. IIDA
Director of Interiors
Mr. Puleo has over 30 years of professional experience in functional space planning, overall
facility utilization and layout studies, interior design, and project management. He is especially
accomplished in building requirements programming, existing facility evaluation studies,
building renovation and relocation, floor area analysis, and space layout planning. Mr. Puleo
has decades of experience with library improvements, including leading the interior renovation
efforts for OC Public Libraries, which includes renovations to eight of their libraries. He received
his Bachelor of Architecture from the University of Arizona.
Page 114 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 16
ADDITIONAL SVA TEAM MEMBERS
Below are additional SVA project team members that will assist the key project team on the City’s assignment.
Mort Rowghani
Harbor Engineer/Chief Program Manager
Port of Los Angeles Police Headquarters
I highly value SVA’s
cooperativeness and
responsiveness during the
design and construction
phase of this very challenging
project. They have worked
successfully with the Port staff and
the project contractor to
control costs, comply with
schedules, and integrate a
sustainable design into this
project.
““Robert Simmons
Emergency Management Administrator
City of Irvine
It became apparent to me
from our initial meetings
that the SVA team was
committed to taking our
conceptual desires for this
facility and translating them
into a realistic, functional design...
Overall, it was a pleasure to
work alongside the SVA team
and I am pleased to share the
design has surpassed our
expectations.
““Richard Gonzales
Project Manager
City of Riverside
I have found SVA and their
staff to be cooperative,
responsive, and
comprehensive in their work.
I appreciate their ability to help
guide the project’s programming
and construction, providing
solutions that have saved
the District precious dollars
without sacrificing quality.
““APARNA CHACKO, NCIDQ, CID, LEED AP
Senior Interior Designer
Ms. Chacko has over 15 years of experience working on interior remodel and architecture
projects of all kinds, including educational, workplace, hospitality and residential. She
creates memorable and striking designs that reflect the character and values of our clients,
as well as promoting healthy living environments to enrich the experience of all participants.
Ms Chacko received her Bachelor of Architecture from the University of Madras.
MIKE SEMPLE, AIA, License: C-17967
Director of Quality Assurance & Quality Control
Mr. Semple will be in charge of Quality Assurance/Quality Control and will provide a fresh
set of eyes to both architectural and engineering drawings. Mr. Semple has proven himself
to be a versatile architect particularly knowledgeable in technical and design areas. He will
define and manage the QA/QC procedures, manage risk analysis and resource planning.
He received a Bachelor of Architecture from University of Southern California.
JUDY CHENG, MBA, LEED AP
Project Coordinator
Ms. Cheng is one of the Principals at SVA and will be the Project Coordinator assigned to
this project. She has been involved with various public and institutional projects, including
the firm’s current work for the City of Palmdale, Chimbole Cultural Center Renovation
and Library Expansion. She received her Bachelor of Architecture from the University
of Southern California and a Master’s in Business Administration from the University of
California, Irvine.
LONG NGUYEN, ARCHITECT, License: C-40051
Project Architect
Mr. Nguyen will be the Project Architect and will be responsible for supporting all aspects
of project document development and coordinating with all project team members to
maintain the quality of the work product within the established project schedule. With a
broad range of experience spanning the educational, commercial, and residential sectors,
he has developed a comprehensive understanding of the unique needs of each project. He
received his Master of Architecture from Newschool of Architecture and Design.
Page 115 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 17
TITLE
Partner & President
EDUCATION
Bachelor of Architecture,
California Polytechnic State
University, San Luis Obispo
REGISTERED ARCHITECT
C-18301
PROFESSIONAL AFFILIATIONS
American Institute of Architects
Coalition for Adequate School
Housing
Community College Facility
Coalition
California Parks and Recreation
Society
Society of College and
University Planners
Mr. Simons is the President of SVA and will serve as the Architect of Record for
this project. Mr. Simons has devoted his 40-year career to creating enduring,
functional, and sustainable spaces. He believes that exceptional planning and
architecture sets the foundation to improve cities and neighborhoods. His
vision for creating spaces that enhance quality of life has resulted in an array
of innovative developments and award-winning projects.
•County of Los Angeles Quartz Hill Library, Quartz Hill, CA, The new
library accommodates 39,000 books and media, 70 seats, 23 computer
stations, a meeting space for 100, and the required administrative space.
Project is LEED Gold certified.
•City of Riverside Arlanza Library, Riverside, CA, Arlanza Library responds
to the community’s need to access information and technology with a
dynamic digital media program. At the core of this 10,000 square foot
library is a public computer center, which provides internet and software
access for the city’s residents.
•City of San Diego San Ysidro Library, San Ysidro, CA, The project
involves design and construction of a new single-story library of
approximately 15,000 sq. ft. and the restoration of the existing designated
historic home. The library building will consist of Entry/Community
Services, Computer Lab, Reader Service Area, Informal Reading/Special
Feature Area, Reference Area, Multipurpose Room, Adult/Young Adult
Area, Children’s Area, and Staff Support Areas.
•City of La Habra Civic Center Renovation, La Habra, CA: The project
relocated the existing civic center to a business complex as it had
outgrown its space over the years. The two-story office complex was
fully converted to a new City Hall which houses administration, finance,
community development, public works, and engineering, along with a Post
Office and an art museum.
•City of Cupertino Library Expansion, Cupertino, CA, The Cupertino
Library expansion involves the demolition of the existing single-story 1,175
sq. ft. Children’s Book Area and replacing it with a new two-story 5,626 sq.
ft addition that will connect to the existing Library structure.
•City of Thousand Oaks Kavli Theatre Auditorium Renovation, Thousand
Oaks, CA, SVA renovated the interior of the 2,000-seat Fred Kavli Theatre.
Improvements to the auditorium include accent wall and walkway/stair
lighting conversion to energy efficient LEDs, painting, and replacement of
carpet, wall treatments, seating, and disabled access lift.
•OC Public Libraries Various Modernizations, Orange County, CA, OC
Public Libraries selected SVA to design the interior standards for both the
development of all planned interior renovations of existing County libraries
and construction of all new public libraries. Orange County has begun a
program of County-wide renovations with a dozen projects currently on
the board. Our team is currently working on six libraries to bring each of
them up to today’s standards.
ROBERT M. SIMONS, AIA
Architect of Record
TEAM MEMBER RESUMES
Page 116 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 18
Mr. Herrero will be the Principal-In-Charge for this project and will have
the responsibility to fully coordinate the work of our selected engineers
and consultants. He has been with the firm for over 15 years and leads the
Architectural & Engineering (A/E) team in completing design documents
from the development phase through construction completion. He is highly
knowledgeable of building code and accessibility compliance standards
and has a stellar track record in obtaining jurisdictional approvals, project
certification, and closeout for each assignment.
•City of Cupertino Library Expansion, Cupertino, CA, The Cupertino
Library expansion involves the demolition of the existing single-story
1,175 sq. ft. Children’s Book Area and replacing it with a new two-story
5,626 sq. ft addition that connects to the existing library structure. A new
multipurpose Program Room houses a presentation space with a minimum
of 130 seats as well as additional spillover seating.
•Evergreen Valley Cougar Hall Student Union (Includes Library), San
Jose, CA, The new student union supports dining areas, student activities,
and presentations in an indoor/outdoor setting. The site’s unique
proximities allow an inviting transition of unobstructed flow of indoor/
outdoor spaces providing a seamless experience to/from the student
union, the learning center, food service, conference rooms and outdoor
seating.
•City of Mountain View Police and Fire Administrative Building,
Mountain View, CA, SVA is currently providing design services to the
44,000 sq. ft. building, potentially expanding it to 90,000 sq. ft. Three
design alternatives and their cost estimates are being developed; the
scope of these range from a remodel that includes seismic retrofitting to
the construction of a brand new building and parking structure either on
the existing site or another City-owned lot.
•Lucile Packard Foundation for Children’s Health Office, Palo Alto, CA,
The existing layout was converted from a warren of small offices around
the perimeter window wall to an open layout with 10 multi-function office/
collaboration spaces, a larger kitchen and communal gathering area, and
open workstations in a variety of configurations to accommodate staff’s
preferences.
•Greenlining Institute Renovation, Oakland, CA, SVA provided services
to create the new headquarters and meeting facility. The building was a
six-story historic bank built at the turn of the last century. Our team crafted
a memorable environment that reflects the values and history of the
organization.
•City of Livingston Rec Plex, Livingston, CA, SVA is renovating a 24,200
SF single story building into a recreation center. The project will feature
basketball courts, multipurpose rooms, teen/senior facilities, administrative
and support space, commercial kitchen facilities, and 305 SF to public
works storage.
NATHAN HERRERO, AIA, LEED AP BD+C
Principal-In-Charge
TITLE
Principal & Vice President
EDUCATION
Bachelor of Architecture,with
Honors, Yale University
REGISTERED ARCHITECT
C-33048
PROFESSIONAL AFFILIATIONS
American Institute of Architects
San Francisco Planning
& Urban Research
Urban Land Institute
United States Green Building
Council
Page 117 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 19
Mr. Bradley joined SVA Architects in 2005, and since then, has become one
of the firm’s key project managers and architects. He has vast experience
with a variety of public works and has a long history working on many civic
projects. As Project Manager, his responsibilities include performing onsite
studies, researching city planning and related code compliance. Mr. Bradley is
also responsible for our client relations in Northern California to ensure each
project is proceeding on schedule and meeting our clients’ expectations.
•City of West Sacramento Police Department Tenant Improvement, West
Sacramento, CA, The police department requires a number of deferred
maintenance improvements to several areas within the existing single-
story 23,000 sq. ft. facility. The project will cover covering new flooring,
interior paint, furniture and workstation replacement and reconfiguration in
selected areas.
•UC Davis PSEL Data Sciences & AI Center Modernization, Davis, CA,
To accommodate the growing demand for interdisciplinary data science
and AI education, the basement and first floor of the Physical Sciences
Engineering Library (PSEL) at UC Davis underwent extensive renovation.
The existing partitions and finishes were removed, making way for a
modern and flexible layout that fostered collaboration and accommodated
the needs of various programs.
•La Escuelita Education Center (Includes Library), Oakland, CA, This
award-winning complex includes La Escuelita Elementary School, MetWest
High School, a combined Child Development Center, District IT Center,
KDOL the TV Station, and a Community Health Clinic located on 5.6 acres.
The project was designed to maximize energy efficiency and provide
enhanced indoor environmental comfort for its occupants. It is the highest
scoring CHPS Verified Leader School in California.
•Lucile Packard Foundation for Children’s Health Office, Palo Alto, CA,
The existing layout was converted from a warren of small offices around
the perimeter window wall to an open layout with 10 multi-function office/
collaboration spaces, a larger kitchen and communal gathering area, and
open workstations in a variety of configurations to accommodate staff’s
preferences.
•Bryte Culinary Arts CTE Lab & Garden Café, West Sacramento, CA,
Responding to a growing community need for qualified culinary workers,
this project teaches high school students about the entire food cycle, from
planting to preparing and serving to food waste management, all with
the intent of creating career-ready graduates who can immediately work
productively in one of the region’s most critically needed sectors.
•City of Cupertino Library Expansion, Cupertino, CA, The Cupertino
Library expansion involves the demolition of the existing single-story
1,175 sq. ft. Children’s Book Area and replacing it with a new two-story
5,626 sq. ft addition that connects to the existing library structure. A new
multipurpose Program Room houses a presentation space with a minimum
of 130 seats as well as additional spillover seating.
CHRISTOPHER BRADLEY, AIA, CSI, CCCA
Senior Project Manager
TITLE
Principal
EDUCATION
Master of Philosophy,
Biola University
Bachelor of Architecture,
California State Polytechnic
University, Pomona
REGISTERED ARCHITECT
C-29233
PROFESSIONAL AFFILIATIONS
American Institute of Architects
Coalition for Adequate School
Housing
Construction Specifications
Institute
Certified Construction Contract
Administrator
Page 118 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 20
TITLE
Director of Interiors
EDUCATION
Bachelor of Architecture,
University of Arizona
PROFESSIONAL AFFILIATIONS
International Interior Design
Association
Mr. Puleo will provide his expertise with interiors for the City’s project. He has
over 30 years of professional experience in functional space planning, overall
facility utilization and layout studies, interior design, and project management.
With his background ranging from civic projects to public facilities, he
is accomplished in building requirements programming, existing facility
evaluation studies, building renovation and relocation, floor area analysis, and
space layout.
•Westminster Library Renovation, Westminster, CA, SVA transformed the
outdated interiors of this 16,300 sq. ft. library. The library’s selected color
palette was green, with solid painted walls and accented carpets. The
lobby received a louvered skylight integrated into a linear wood ceiling,
giving the entrance a more natural feel. All staff areas were completely
renovated to create an efficient and effective workplace.
•San Juan Capistrano Library Renovation, San Juan Capistrano, CA,
SVA renovated several portions of the Michael Graves library, while still
retaining its hallmark Postmodern features. The Children’s and Teen’s
library were removed via demolition to provide flexibility. A smaller
meeting room was added for book clubs, and the interiors were updated
to the new County standards.
•Rancho Santa Margarita Library Renovation, Rancho Santa Margarita,
CA, Our team is currently working on the following four libraries to
bring each of them up to today’s standards with 21st century technology
features. The RSM branch received new painting, flooring, acoustical
ceilings, a remodeled storage closet and a series of accessibility
improvements to the restrooms, breakroom, community room kitchen, and
parking.
•Cypress Library Renovation, Cypress, CA, Our team is currently
working on the following four libraries to bring each of them up to
today’s standards with 21st century technology features. The Cypress
branch received new painting, flooring, acoustical ceilings, light fixture
replacements, new window coverings, new HVAC, and a series of
accessibility improvements to the restrooms, breakroom, and parking lots.
•City of San Diego San Ysidro Library, San Ysidro, CA, The new single-
story library of approximately 15,000 sq. ft. provides a new home for
this historic community landmark, originally built in 1924. The library
building consists of Entry/Community Services, Computer Lab, Reader
Service Area, Informal Reading/Special Feature Area, Reference Area,
Multipurpose Room, Adult/Young Adult Area, Children’s Area, and Staff
Support Areas.
•City of Murrieta Library Expansion, Murrieta, CA, SVA is working with
the City of Murrieta to remodel and expand their Children’s Library area
for the Murrieta Public Library. The goal is to construct a Storytime area
and connect it to and expand the adjacent Children’s library section. The
expansion also includes widening the area and alleviating much of the
current space limitations and programing restrictions facing the library by
adding collection shelving, flexible seating and equipment geared towards
the needs of today’s families.
ROBERT PULEO, ASSOC. IIDA
Director of Interiors
Page 119 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 21
45 Fremont Street, 28th Floor, San Francisco, CA 94105
T: 415.268.1095www.kpff.com
1187 Vanderbilt Circle, Unit 6, Manteca, CA 95337
T: 408.489.8853
www.stonecreekengineering.com
KPFF Consulting Engineers STRUCTURAL ENGINEERS
Founded in 1960, KPFF is one of the largest civil and structural engineering firms on the
West Coast. We successfully leverage the resources of our firm while maintaining the
personal contact we view as essential. Services performed include: new building design,
seismic evaluations, general building evaluations, seismic retrofits, renovations, tenant
improvements, equipment anchorage, peer review/plan checking, and value engineering
studies.
Stone Creek Engineering, Inc. COST ESTIMATOR
Stone Creek Engineering is a engineering firm in the western United States and at the
forefront of current developments in the construction industry. We have worked on civic
projects for over 20 years. With over 200 successful projects behind us, we are uniquely
suited to provide the comprehensive estimating that is needed.
582 Market Street, Suite 400, San Francisco, CA 94104
T: 415.963.4303 x100 www.edesignc.com
EDesignC Inc. MEP ENGINEERS
As an engineering design collaborative company, EDesignC, Inc. brings over 50 years of
experience in the engineering and architecture industry. Specializing in energy, electrical
and building system design — integrated with innovation and efficiency. Our team is
dedicated to ensuring that our clients balance their project priorities with efficiency and
environmental priorities. Our strengths lie in listening to the client requirements and
finding effective and efficient solutions.
SUBCONSULTANTS
David Rossi SE Licensed Eng. (S4127) — Structural Engineer | KPFF Consulting Engineers
Dave Rossi has over 30 years of structural engineering experience including project
management, design, and analysis of both new and existing buildings and other structures.
He excels in conceptual and detailed design, as well as field investigations to assess potential
seismic hazards. Dave develops solutions by integrating the building’s structural demands
with the functional and aesthetic requirements. He has experience in of a variety of project
types including civic, commercial, higher education, and K-12.
Bruce Douglas PE Licensed Eng. (M25957) — Senior Mechanical Engineer | EDesignC Inc.
Bruce has a 30-year, multi-faceted career in the areas of Energy Management, Community
Building, Construction, Fabrication, and Project Management. His experience is in performing
Energy Analysis, HVAC, Plumbing, Fire Protection designs and Commissioning, including
Title 24 compliance. Retrofit, remodel, renovation/rehabilitation and new construction. Bruce
brings a systems-thinking approach to optimizing the feasible level of sustainable design on
projects, with thorough evaluation of potential technologies.
Rosanna Lerma PE, LEED AP Licensed Eng. (E15977) — Electrical Engineer | EDesignC Inc.
Rosanna has led the firm working with some of the Bay Area’s most leading public agencies
and developers at the forefront of the Bay Area’s projects. Rosanna has built a resume and
reputation of 30+ years of commitment to sustainability design and professional community
involvement. She has been a contributor for many LEED projects and brings a vision to
integrate efficiency with practicality and innovation. Rosanna’s leadership style cultivates a
collective endeavor to produce high caliber design products.
Jeffrey D. Threet MS, PE, LEED AP, CPE Licensed Eng. (C66114) — Cost Estimator | Stone Creek Engineering
Mr. Threet brings with him over 23 years of experience in construction and estimating. Over
the years he has estimated over $10B in construction work comprised of new construction,
renovations, seismic upgrades, change order analysis, program budgeting, value engineering,
claims analysis, and contractor negotiations. With an extensive knowledge base, Mr. Threet
has a proven record and is known for his ability to work with clients to produce quality results.
Page 120 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 22
education
Master of Science, Structural Engineering,
University of California, Berkeley
Bachelor of Science, Civil Engineering,
University of California, Berkeley
licenses + certifications
Registered Structural Engineer: CA #S4127
Registered Civil Engineer: CA #C49653
affiliations + memberships
Structural Engineers Association of
Northern California
Principal-in-Charge
Dave Rossi has over 30 years of structural engineering experience
including project management, design, and analysis of both new and
existing buildings and other structures. He excels in conceptual and
detailed design, as well as field investigations to assess potential seismic
hazards. Dave develops solutions by integrating the building’s structural
demands with the functional and aesthetic requirements. He has
experience in steel, concrete, masonry and timber buildings of a variety
of project types including civic, K-12, higher education, residential, and
commercial. He joined KPFF in 1999.
selected relevant experience
▪Sunnyvale Civic Center; Sunnyvale, California
▪City Hall
▪Emergency Operations Center
▪Public Safety Building Renovations
▪Mountain View Public Safety Building; Mountain View, California*
▪Livingston Recreation Center; Livingston, California*
▪Humboldt County; Eureka, California
▪Detention Facility Repairs
▪Courthouse Repairs
▪Jail Repairs
▪Eureka Veterans Building Seismic Retrofit; Eureka, California
▪Garberville Veterans Building Assessment; Garberville, California
▪West County Detention Facility Renovations; Richmond, California
▪Redwood National Park Corporate Yard/Maintenance Facility; Crescent
City, California
▪Sequoia National Park Grant Grove Visitor Center and New Roof
Canopy; Sequoia National Park, California
▪EBMUD Task Order 2 Office and Fleet Maintenance Facility
Improvements; Oakland, California
▪EBMUD HVAC & Generator Upgrades; Oakland, California
*project with SVA Architects
DAVID ROSSI SE
Page 121 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 23
K EY S TAFF R ESUMES
C ITY OF GILROY PUBLIC W ORKS MEP E NGINEERING S ERVICES
G ILROY L IBRARY I MPROVEMENTS AND R ENOVATION J UNE 10, 2025
BB RR UU CC EE DD OO UU GGLL AASS ,, PP EE
S ENIOR M ECHANICAL E NGINEER
Bruce has a 30-year, multi-faceted career in
the areas of Energy Management,
Community Building, Construction,
Fabrication, and Project Management. His
experience is in performing Energy
Analysis, HVAC, Plumbing, Fire Protection
designs and Commissioning, including Title 24 compliance.
Retrofit, remodel, renovation/rehabilitation and new construction.
Bruce excels at adapting to new social-technical situations and
enjoys work that brings diverse people on-board with projects. He
applies environmental vision to the work at hand with an eye to
making things work by maximizing existing resources. Bruce has completed the year-long PG&E
Pacific Energy Center Existing Building Commissioning (PEC EBCx) course, an intensive practicum on
the commissioning process and tools. Bruce brings a systems-thinking approach to optimizing the
feasible level of sustainable design on projects, with thorough evaluation of potential technologies.
RR EE PP RR EE SS EENN TT AA TT II VV EE EE XX PP EE RR II EE NN CC EE
• Corte Madera Library HVAC Upgrade; Corte Madera
• Corte Madera Library, Restrooms and Path of Travel Upgrades
• John Swett High School Modernization and New Library Construction; Crockett
• Oakland Public MOVe Library, Mobile Library Electrical System
• City of Woodland Public Library, 745.5 Square One Makerspace; Woodland
• Yuba River Charter School, New Construction; Grass Valley
• Oakland USD Fremont High School Transformation, including Library Renovations; Oakland
• Palo alto Unified School District, Upgrades and Modernization, $378 MM Strong Schools Bond
• Solano Community College District; HVAC Improvements & Upgrades Vacaville/Vallejo
• Oakland USD Central Kitchen, Instructional Farm, and Education Center; Oakland
• SFUSD Addressable Fire Alarm System Design, Multiple Schools
• Hunters Point East West, SFHA/MOH/RAD, San Francisco – Rehab, MEP
• SFUSD Addressable Fire Alarm System Design, Multiple School Sites
BB RR UU CC EE DD OO UU GG LL AA SS ,, PP EE
CA Mechanical #M25957
30+ Years | 11With firm
EE DD UU CC AA TT II OO NN
Bachelor of Science, Mechanical
Engineering; University of Michigan
PP RR OO FF EESS SSII OO NN AA LL AA FF FF II LL II AA TT II OO NNSS
US Green Building Council,
Corporate Member
Page 122 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 24
K EY S TAFF R ESUMES
C ITY OF GILROY PUBLIC W ORKS MEP E NGINEERING S ERVICES
G ILROY L IBRARY I MPROVEMENTS AND R ENOVATION J UNE 10, 2025
RR OO SS AA NN NN AA LL EE RR MM AA ,, PP EE ,, LL EE EE DD AA PP
P RINCIPAL + Q UALITY C ONTROL & ASSURANCE
Rosanna is the Founding Principal and
has led the firm working with some of the
Bay Area’s leading public agencies and
community developers. She has built a
resume and reputation of 30+ years of
commitment to sustainability design and professional community
involvement, including her position as Advisory Board member for
the ALAMEDA C OUNTY L IBRARY F OUNDATION. She is a recipient of
industry awards and is a distinguished speaker, with notable
engagements, such as the “G ETTING T O ZERO” Forum in New York in
October 2021.
Rosanna founded EDesignC with a heartfelt commitment to
community service and the forward movement of functional,
service-oriented, and user-beneficial building systems. She has
been a contributor for many LEED projects and brings a vision to
integrate efficiency with practicality and innovation. Rosanna’s
leadership style cultivates a collective endeavor to produce high
caliber design products. Quality Control and Quality Assurance is
incorporated in every aspect of design, project management, and
client satisfaction.
RR EE PP RR EE SS EE NN TT AA TT II VV EE EE XX PP EE RR II EE NN CC EE
• Corte Madera Library, Path of Travel Upgrades & Restrooms ADA Compliance
• City of Woodland Public Library, 745.5 Square One Makerspace; Woodland
• Oakland Public MOVe Library, Mobile Library Electrical System
• Oakland USD Fremont High School, with Library Renovations; Oakland
• John Swett High School Modernization and New Library Construction; Crockett
• San Francisco Unified School District, Multiple Consecutive On-Call Contracts 2013-Present
• Oakland USD Fremont High School Transformation, including Library Renovations; Oakland
• Los Altos School District, Multiple District-Wide Projects 2010-2024
• Palo alto Unified School District, Multiple District-Wide Projects 2014-2024
• Yuba River Charter School, New Construction, with library; Grass Valley
• Downtown Oakland Senior Center Renovations and Upgrades; Oakland
• Curry Senior Center Renovations and Upgrades; Oakland
• Lincoln Recreation Center Renovation and Expansion; Oakland
RR OO SS AA NN NN AA LL EE RR MM AA ,, PP EE ,, LL EE EE DD AA PP
CA Electrical Engineer #E15977
3 5 + Years | 17 With Firm
EE DDUUCC AA TT IIOO NN
B.S. in Electrical Engineering,
University of the Pacific
RR EE GG II SSTT RRAA TT II OONN
California Electrical #E15977
NV #017252 | HI #13690-E
CC EE RRTTII FF II CCAA TT II OONN SS
US Green Building Council, LEED
Accredited Professional
PP RR OO FF EESS SS II OO NN AALL AAFF FF IILL II AA TT IIOO NN SS
BAAQMD Advisory Council
2009-2010
IEEE: Power & Energy Society
various positions 2004 –
present
Oakland East Bay Section
various positions 1989-present
Advisory Board member
A LAMEDA C OUNTY L IBRARY
F OUNDATION
Page 123 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 25
Jeffrey D. Threet MS, PE, LEED AP, CPE
Email address: jeff.threet@stonecreekengineering.com
Stanford University, Palo Alto, California
Master of Science: Civil Engineering
Construction Management/Structural Engineering
Graduation Date: June 2003
San Jose State University, San Jose, California
Bachelor of Science: Civil Engineering
Graduation Date: May 2002
Professional Registrations/Certifications:
Registered Professional Engineer – Civil 2003
LEED Accredited Professional – Legacy 2003
Certified Professional Estimator – ASPE 2012
I have 24 years of experience in the construction engineering and construction management industry. Over
the years, I have estimated over $11B in construction work comprised of new construction, renovations,
seismic upgrades, change order analysis, program budgeting, value engineering, claims analysis, and
contractor negotiations.
WORK EXPERIENCE
Chief Estimator, Stone Creek Engineering, Manteca, CA 11/2014 to Present
Currently manage a small firm focused on professional excellence and customer service
Estimated 600+ projects with a total value of over $10B over 9 years
Served the following markets: K-12 Education, Higher Education, Religious, Residential,
Healthcare, Institutional, Detention, Municipal Facilities, Retail, Senior Housing, and
Hospitality
Cost Manager, Vanir Construction Management, Inc., Sacramento, CA 4/2013 to 11/2014
Estimated construction work for 35 correctional/justice facilities including detention, health
care, and infrastructure projects totaling over $1B
Produced detailed cost reports for completed projects that included detailed unit cost
breakdowns, schedule/delivery breakdowns, labor productivity, and change order reviews
Researched and reported on the construction market conditions in various areas around
the state including manpower analysis, material pricing, subcontractor availability, and
project bidding periods to assist the State in establishing future project bid dates
Senior Estimator/Project Manager, CFW, Inc., Emeryville, CA 3/2011 to 4/2013
Managed over $400M in construction programs for 6 public school districts including
planning, budgeting/estimating, scheduling, and implementation
Managed all vendor/consultant/contractor contracts for the owner including all
solicitations, bidding, reviews, recommendations, and billing
Presented progress updates at monthly school board meetings including budget,
schedule, construction impacts, sequencing, safety, and end user input
Assisted in the development of master plans in 3 public school districts including full site
assessments, community meetings, end user input, resource availability, and school
board recommendations
Estimator, Blach Construction Company, Santa Clara, CA 6/2003 to 3/2011
Estimated over $2B in commercial construction work including schools, churches,
performing arts centers, gyms, office buildings, universities, and non-profit organizations
Led in house energy services group in the development of expertise in photovoltaic
design, construction, operation, training, and finance
Developed and implemented company-wide LEED training program
Page 124 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 26
4. Scope and Approach
PROJECT UNDERSTANDING & APPROACH
The SVA Team attended the site walk and reviewed the RFP, the Scope of Work, along with the As-Builts and the
Feasibility Study documents, we have a good understanding of the project conditions and we look forward to be the
architect to collaborate closely with the City and project stakeholders to develop these required improvements to the
Gilroy Library.
Our team will design an updated facility that becomes an inviting public space and provides opportunities for additional
programs and services that will help improve literacy, advance learning, and support scholarly enterprise. SVA has
extensive knowledge and experience with these types of assignments, along with a long history and portfolio of work
with library improvement projects. Our proposed team fully understands the requirements and responsibilities that
come with renovating libraries, as well as understanding the functions and operations so that minimal disruptions will
take place during the overall course of this project.
SVA is dedicated to using a comprehensive project approach and management methods for all of our projects.
These methods include user-driven design meetings, a robust QA/QC process that produces highly accurate design
documents, and budget and schedule control that adheres to the clients’ needs. In this way, we are able to incorporate
feedback and creative design solutions from all team members—owner, architect, engineers, and consultants —to form
a collaborative effort. Our approach involves a three-pronged platform with the owner as one entity, the architect and
engineers as the second, and the contractors or builders as the third; the three parties act as the core group to manage
the integrated project delivery process.
Throughout the course of the project, we will meet with the City and the Gilroy Library’s Management. SVA will
begin this assignment by engaging in a multi-disciplined approach towards analyzing the existing premises to better
understand the nature of the project.
SERVICES TO BE PROVIDED & WORK PLAN
SVA has reviewed the Scope of Work and has created the following work plan below and on the following pages.
For this project, SVA will provide a full suite of architectural services which will include full A/E design and interiors.
Supporting us, we have brought on subconsultants to provide structural engineering, MEP engineering, and cost
estimating services.
Throughout the course of the project, we will meet with the project team on a scheduled basis. SVA will provide
meeting minutes and will update the City on the project progress. Our team will be available for a mix of in-person
and virtual meetings pending on City’s preference. SVA will coordinate with City-identified project team members
to coordinate their activities with SVA design and documentation. We will begin this project by engaging in a multi-
disciplined approach toward analyzing and designing the project. We will provide monthly schedule updates and will
process monthly invoices.
Kick-Off Meeting/Investigate Existing Condition
We will conduct an initial kick-off meeting to better understand the
intent and scope of the project, the personnel to be involved, the
reporting criteria, and the schedule for the project. We will discuss any
previous planning or programming documentation to gain a better
understanding of the project history, the opportunities for development
and any requirements for abatement and remediation.
Our team of dedicated architects and consultants will review any
reports and assessments previously prepared concerning the as-
built condition of the building and will confirm these findings through
an on-site examination. We will provide the City with an analysis that
documents our findings and our recommendations for the development
of the project moving forward.
Page 125 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 27
Conceptual Design
For this phase, SVA will employ a process wherein multiple conceptual
designs are developed in coordination with the City and Gilroy Library’s
management. These design options will incorporate preliminary
information and proposed development program, SVA will prepare
conceptual planning alternatives for the subject area. These alternatives
will explore the advantages and disadvantages of each option. The
plans will be prepared as conceptual diagrams for the City to review
and provide feedback; the goal is to select and obtain approval for a
final conceptual design.
Our design concepts will be sure to incorporate the proposed scope of
work listed within the RFP, which includes:
a. Building Management System
b. Extend Children’s programming space
c. Convert upstairs study space into Meeting Rooms
d. Combine Teen Study Room and Teen Area into one Space
e. Combine Coffee Nook, Friends of the Library, and downstairs
Meeting Room into one Community Room
f. Removal of Level 1 circulation desk
g. Removal of Level 2 Reference Desk and overhead Canopy
h. Converting Meeting Room into Flexible Space
Schematic Design (30%)
Schematic design studies will be developed based upon the results of
the conceptual design phase. Schematic site and floor plans, interior
elevations and building sections will be prepared. Our proposed scope
currently excludes exterior work and focuses on the work identified in
the RFP.
The schematic design documents will be evaluated for design
efficiencies and meeting program requirements, as well as cost considerations. Reviews will be established with the
project committee and with applicable governing agencies. A preliminary building code analysis will be reviewed at this
time. A preliminary estimate of construction costs will be prepared. At the conclusion of the schematic design phase, a
final design concept will be defined and approved. Completion of schematic design documents, sketches, studies, and
analysis will occur.
Design Development (60%)
Design development drawings, outline specifications, and preliminary engineering calculations and analysis will be
performed for the scope of work identified. Drawings will reflect architectural, interiors, structural (as needed), and MEP
design components. Detailed development of project components will occur. Construction materials, methodologies,
major products and materials, and required equipment will also be determined.
Design development concepts will be prepared and defined based upon function, security, permanency, quality, and
cost. Any improvements to the mechanical, plumbing, and electrical system designs will be identified and reviewed.
Structural design studies will be provided as necessary for the area affected.
An outline set of specifications and a preliminary draft of the final project manual will be created including bidding and
contract requirements, general conditions, and all division one requirements. An updated estimate of construction costs
will be provided.
SVA’s interiors team will work with the City’s selected furniture dealer to establish a detailed furniture package that will
address shelving and ancillary computer and lounge furniture, as well as furnishings to support Library staff, if needed.
Page 126 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 28
Construction Documents (95%)
Based upon the results of previous reviews, the final design of the project will be coordinated with the City and Gilroy
Library’s management. Design development documents will be revised and refined accordingly. The design team will
prepare all final construction documents, drawings, and supporting calculations. All engineering systems design will
be finalized and completed. A final interiors color and material presentation board will be prepared and submitted for
review and approval. The design team will prepare and coordinate the construction contract contents of the project
manual including the technical specifications, bidding package, general conditions, and division one requirements.
Updated estimates of construction costs will be prepared during this phase. The final construction documents, project
manual, supporting calculations, and final cost estimate will be presented to the City for final review and approval.
Construction documents will be submitted to the local jurisdictions for plan check and permit approval. The design
team will make all necessary revisions and corrections consistent with all agency reviews and will obtain final approvals
from all governing authorities in order to secure final plan check approval.
Bidding Phase
Contract documents and bidding requirements will be assembled and incorporated into the project manual. The design
team will assist the project committee in the modification of certain parts as may be required by construction manager
review pertaining to the instructions to bidders and agreements for construction. The design team will coordinate
distribution to contractors, assistance with a construction pre-bid conference, and availability to answer bidder’s
questions during the bidding phase. Any necessary addenda will be prepared, and our design team will assist the City
in evaluating all of the bids and the related bidder’s qualifications. The design team will make recommendations to the
project coordinator for award of the construction contract.
Construction Administration
Our design team will provide construction observation on a scheduled basis to observe the progress of construction,
quality of work, and to determine if general compliance with drawings and specifications is being achieved. We will
review and prepare meeting minutes, make recommendations, prepare and process field revisions and clarifications,
construction changes authorizations, and any necessary change orders. The design team will review shop drawings,
testing and inspection reports, and product / material samples submitted by the contractor. We will monitor the status of
construction in order to review and process the contractor’s application for payment on a monthly basis.
SVA will review and monitor the construction schedule as required. Specific attention will be given to major phases and
events related to determination of overall critical path. Specific job site reviews will be conducted in order to determine
the point of substantial and final completion. A detailed punch list will be created for each space, building component,
or site element in a detailed manner by the design team and submitted to the contractor for correction and completion.
At the time of final completion, the design team will conduct a final job site review.
Project Closeout
Once the contractor has declared the project to be substantially complete, SVA will confirm the declaration and
attend the punch walk. At the punch walk, SVA will review the contractor’s list of items to complete, correct, and add
additional inventory items requiring further attention. At the point that the contractor determines that the punch list is
complete. SVA will visit the project to verify completion and assist the owner with the process of officially declaring final
completion.
Page 127 of 165
SVA Architects | No. 25-RFP-PW-520 | City of Gilroy Library Improvements and Renovation Proposal | 29
PROPOSED SCHEDULE
Based on the information provided in the RFP and our previous experience with these types of projects, we generated
the following preliminary schedule for the City’s review. A more detailed project schedule will be developed at
the beginning of the project defining responsibilities for all team members and various project milestones will be
established.
Proposed Task by Key Phases Proposed Timeline Phase Duration
Award of Contract August 2025 -
Project Kick-Off ▪Kick-off meeting with the City ▪Meet with project committee and establish timeline and communication protocols Early/Mid-August 2025 1 Day
Conceptual Design ▪Assess Existing Conditions ▪Review Relevant Documents Developed to Date ▪Develop Conceptual Design ▪City’s Review
August 16, 2025 to
September 15, 2025 1 Month
Schematic Design (30%) ▪Develop SD Drawings ▪Develop SD-Level Cost Estimate ▪City’s Review
September 16, 2025
to October 31, 2025 1 ½ Months
Design Development (60%) ▪Develop DD drawings/specifications ▪Update Cost Estimate ▪Conduct page-turn / review with the City
November 1, 2025 to
January 31, 2026
3 Months
(Includes Holidays)
Construction Documents (95%) ▪Develop CD drawings/specifications ▪Update Cost Estimate ▪Conduct page-turn / review with the City ▪Prepare for Plan Check submission
February 1, 2026
to April 30, 2026 3 Months
Plan Check & Project Approval ▪Plan submittal, backcheck, and approval May 2026 1 Months (est.)
Bidding Phase & Project Award ▪Bid phase support: Site walk, RFI’s, etc. ▪Contract Award to GC June 2026
to July 2026 2 Months (est.)
Construction Administration ▪Construction Meetings ▪CA Support: Shop Drawings, RFIs, Change Orders ▪Substantial Completion ▪Closeout and Project Certification
Starts End of
July 2026 TBD
Page 128 of 165
WWW.SVA-ARCHITECTS.COM
Page 129 of 165
1
City of Gilroy
Public Works Department
Request for Proposals for
Architectural Design Services for
Library Improvements and Renovation
No. 25-RFP-PW-520
ATTN: RYAN OSENTON,
PROJECT MANAGER
CITY OF GILROY
7351 ROSANNA STREET
GILROY, CA 95020-6197
Proposals Due by: 2:00 pm, Thursday, July 10, 2025
Page 130 of 165
2
Request for Proposal
No. 25-RFP-PW-520
Notice is hereby given that the City of Gilroy at 7351 Rosanna Street, Gilroy, CA 95020-6197 is soliciting
proposals from qualified firms to complete the architectural and construction drawings for Gilroy
Library Improvements and Renovation as described in Request for Proposal No. 25-RFP-PW-520.
Submittals will be accepted up until 2:00 PM, Thursday, July 10, 2025. Proposals received after
that time and date will not be considered. The City of Gilroy accepts no responsibility if delivery is
made to another location other than the location specified above and/or delayed deliveries by your
chosen carrier. An evaluation team will review submitted proposals and select the best qualified firm
based on the evaluation criteria and selection process outlined in the RFP. The selected Consultant will
then be recommended to the City Council for an agreement to complete the work.
A free electronic copy of the RFP can be obtained at https://www.cityofgilroy.org/Bids.aspx. All
prospective parties should check the City's website for any addendums prior to the submission of
proposals. A MANDATORY PRE-BID JOB WALK will be held on Monday, June 23, 2025 at 11:00 AM at
the Gilroy Library, 350 W 6th St, Gilroy, CA, 95020.
Respectfully Requested,
Carina Baksa
Purchasing Coordinator
Page 131 of 165
3
RFP No. 25-RFP-PW-520
Request for Proposals for Library Improvements and Renovation
Table of Contents
Request for Proposal .......................................................................................................................... 2
Introduction ....................................................................................................................................... 4
Project Description ............................................................................................................................. 4
Issuing Office ..................................................................................................................................... 5
Anticipated RFP Schedule ................................................................................................................... 5
Submission Date and Location ............................................................................................................ 5
Protests ............................................................................................................................................. 6
Rejection of Proposals ........................................................................................................................ 6
Partial Funding or Award .................................................................................................................... 6
Modification / Withdrawal ................................................................................................................. 6
Cancellation ....................................................................................................................................... 6
Duration of Proposals ......................................................................................................................... 6
Public Record ..................................................................................................................................... 7
Incurring Costs ................................................................................................................................... 7
Selection Process................................................................................................................................ 7
Scope of Work .................................................................................................................................... 7
Proposal Contents .............................................................................................................................. 8
Proposal Evaluation Criteria and Scoring ........................................................................................... 10
Agreement ...................................................................................................................................... 10
Documents and Questions ............................................................................................................... 10
Page 132 of 165
4
Introduction
The City of Gilroy (City) is seeking proposals from qualified firms (Consultants) to provide Professional
Architectural Design Services to complete the design of Library Improvements and Renovation.
The City of Gilroy is a charter city located in southern Santa Clara County with a population of
approximately 60,000. The City is a council-administrator form of government with the mayor elected at
large for a four-year term and six City Councilmembers who are elected at large for four-year terms.
Development activity in the original Gilroy town site dates back to the early 1800s, with the City formally
incorporating in 1870. Since then, the City experienced several annexations and growth periods
throughout the 20th and 21st centuries.
Information regarding the City and its organization, such as governmental structure, services provided,
the Current Operating and Capital Budgets, Annual Financial Reports, and the most recent
Comprehensive Fee Schedule, is available on the City website at www.cityofgilroy.org
Project Description
Remodeling specific sections of the Gilroy Library is the expectation of this project. The overall objectives
for this project include:
1. Review existing Building Management System that is used to control HVAC and
interior/exterior lighting system. Evaluate options and make recommendations on the new
Building Management System.
2. Convert upstairs study space into small and medium-sized meeting rooms.
3. Combine Teen Study Room and Teen Area into one Space.
4. Remodel all service points throughout the library to support more flexible technology.
5. Convert Computer Room into Flexible Space including appropriate power and
infrastructure.
6. Extending Children’s Room Programming Space.
7. Combine Coffee Nook, Friends of the Library, and the downstairs Meeting Room into one
Community Room.
The scope of work shall include concept alternatives, any necessary studies, construction plans and
specifications, construction cost estimates, and construction assistance to review submittals and
respond to RFI’s.
There will be a mandatory pre-bid meeting (job walk) on Monday, June 23, 2025, at 11:00 AM where we will
visit the Gilroy Library to review all locations. No other opportunities to visit the Gilroy Library will be
accommodated.
Page 133 of 165
5
Issuing Office
The Engineering Division of the Public Works Department is the Issuing Office for this Request for
Proposal (RFP) and the point of contact for all process and contract questions as well as protests.
Issuing Office
Engineering
Ryan Osenton
7351 Rosanna Street
Gilroy, CA 95020
Ryan.Osenton@cityofgilroy.org
Anticipated RFP Schedule
The Engineering Division anticipates the following general timeline for this RFP and the
schedule may change as necessary.
Issuance of RFP documents June 9, 2025
Mandatory pre-bid onsite walkthrough 11:00 a.m., June 23, 2025
Deadline for RFP questions and comments 5:00 p.m., June 27, 2025
Addendum(s) available on website 5:00 p.m., July 2, 2025
Deadline for Proposal Submission 2:00 p.m., July 10, 2025
Notice of Intent to Award July 17, 2025
Consultants to provide all required documents by: August 1, 2025
Council Award Contract at regular City Council Meeting August 18, 2025
Consultant to sign contract August 19, 2025
Submission Date and Location
Each responding Consultant must provide one electronic copy of their proposal in PDF format to
carina.baksa@cityofgilroy.org, with a copy to ryan.osenton@cityofgilroy.org. The e-mail shall be entitled
with the Consultant’s firm name and “Library Improvements and Renovation Proposal”. The proposals
must be received by the City issuing office via e-mail by the Deadline for Proposal Submission, as defined
above.
Solicitation Documents and Changes (Addenda)
All solicitation documents may be viewed or printed online from the City’s website at
https://www.cityofgilroy.org/Bids.aspx or may be viewed onsite at the Issuing Office at the address
listed above.
Page 134 of 165
6
Proposals received from other sources will not be considered valid documents. Please contact the
Issuing Office listed above with any problems viewing solicitation documents.
All questions regarding this solicitation shall be submitted in writing via e-mail. The questions will be
researched and the answers will be communicated to all known interested Consultants and posted on
the City’s website after the deadline for receipt of questions.
Prospective Consultants shall not contact City officers or employees with questions or suggestions
regarding this solicitation except through the primary contact person listed above. Any unauthorized
contact may be considered undue pressure and cause for disqualification of the Consultant.
Consultants are responsible for checking the City’s website for the issuance of any addenda prior to
submitting a proposal. The Consultant is held responsible for all addenda/changes to the documents and
may be considered non-responsive if their proposal does not reflect those addenda/changes.
Protests
Any complaints or perceived inequities related to this RFP shall be made in writing and directed to the
Issuing Office at the address listed above and accordance with the City purchasing policy. This policy
may be found on the City’s website, located here:
https://www.cityofgilroy.org/DocumentCenter/View/10774/Gilroy-Purchasing-Policy-.
Rejection of Proposals
The City reserves the right to reject any and all proposals submitted. The City also reserves the right to
waive or not waive any informalities or irregularities in proposal responses.
Partial Funding or Award
The City reserves the right to fund only a portion of the total funding identified in its sole discretion. The
City may make a partial award of an amount it determines to be appropriate, based on the financial
resources available and operational considerations.
Modification / Withdrawal
Unless otherwise specified, modification of the Proposal will not be permitted; however, a Consultant
may withdraw his or her Proposal at any time prior to the scheduled closing time for receipt of
Proposals; any Consultant may withdraw his or her Proposal, either personally or by written request
to the Issuing Office. Withdrawal of Proposal shall not disqualify the Consultant from submitting
another Proposal provided the time for receipt of Proposals has not expired.
Cancellation
The City reserves the right to cancel award of this contract at any time before execution of the
contract by both parties if cancellation is deemed to be in the City’s best interest. In no event shall
the City have any liability for the cancellation of award.
Duration of Proposals
Proposals must remain valid for at least 120 days. Proposals must be signed by an official
authorized to bind the Consultant.
Page 135 of 165
7
Public Record
All proposals submitted are the property of the City and are public records. All documents
received by the City are subject to public disclosure after the City selects a Consultant.
Incurring Costs
The City is not liable for any cost incurred by Consultants prior to execution of a contract.
Selection Process
The City reserves the right to select the Consultant based on the proposals or to conduct interviews
with the highest qualified Consultant(s) following evaluation and scoring of the proposals, whichever
is determined to best serve the needs of the City. The City reserves the right to seek clarifications
on any or all proposals.
Scope of Work
This scope of work applies to the Gilroy Library, located at 350 W 6th Street, Gilroy, CA 95020. This
project has a construction budget of approximately $4M.
1. Proposed Scope of Work:
a. Building Management System
• Reference Attachment 1: Feasibility Study, Page 7.
• The current Building Management System is outdated and needs to be replaced.
• This system is used to control the HVAC, interior lighting, and exterior lighting
systems through one control panel.
• Evaluate similar systems and make a recommendation for which system would
cover all needs and include an expansion of the existing system to accommodate
the new spaces.
b. Extend Children’s programming space
• Reference Attachment 1: Feasibility Study, Page 5 for existing conditions and
Page 9 for preferred changes.
• Location: Level 1
• Add double door to Children’s Programming Space
• Evaluate option to replace one of the existing window frames with an entry/exit
door.
• Create an alternate layout that expands the footprint and utilizes the
outdoor space for pricing purposes.
c. Convert upstairs study space into Meeting Rooms
• Reference Attachment 1: Feasibility Study, Page 6 for existing conditions and
Page 10 for preferred changes.
• Location: Level 2
• Convert the existing upstairs reading area into multiple, small and medium-sized
meeting spaces with sound proofing.
• Rooms will require additional power and connection to HVAC system.
d. Combine Teen Study Room and Teen Area into one Space
• Reference Attachment 1: Feasibility Study, Page 6 for existing conditions and
Page 10 for preferred changes.
• Location: Level 2
• Remove existing non-structural walls and expand the footprint of the room.
• Room requires additional power and connection to HVAC system.
Page 136 of 165
8
e. Combine Coffee Nook, Friends of the Library, and downstairs Meeting Room into
one Community Room
• Reference Attachment 1: Feasibility Study, Page 5 for existing conditions and
Page 9 for preferred changes.
• Location: Level 1
• Evaluate option to replace one of the existing window frames with an entry/exit
door.
• Create new entry/exit from Lobby into space.
• Add power and modify connections to HVAC system.
• Create an alternate layout that expands the footprint and utilizes the
outdoor space for pricing purposes.
f. Remove Level 1 circulation desk
• Reference Attachment 1: Feasibility Study, Page 5 for existing conditions and
Page 9 for preferred changes.
• Location: Level 1
• Replace flooring materials where each desk was located.
• Add in floor power at Circulation Desk location for future moveable
check-in kiosks.
g. Remove Level 2 Reference Desk and overhead Canopy
• Reference Attachment 1: Feasibility Study, Page 6 for existing conditions and
Page 10 for preferred changes.
• Location: Level 2
• Replace flooring materials where desk and support poles were located.
• Add in/replace floor power for suture moveable desk
h. Convert Meeting Room into Flexible Space
• Reference Attachment 1: Feasibility Study, Page 6 for existing conditions and
Page 10 for preferred changes.
• Location: Level 2
• Remove existing finishes and update space.
• Add floor power.
• Add necessary HVAC and fans
2. Requirements
a. The Architectural Consultant shall be a CA licensed architect experienced in public agency
facilities such as libraries.
b. The Team may include an experienced licensed civil or structural engineer for the structural
analysis work and a mechanical engineer for the MEP scope, as well as other licensed
design professionals as required by State Law.
3. Services & Deliverables
a. 100% Construction Documents in compliance with: 2022 California Building Code (CBC),
2022 California Mechanical Code (CMC), 2022 California Plumbing Code (CPC), 2022
California Electrical Code (CEC), 2022 California Fire Code (CFC), the 2022 California Energy
Code, and the 2022 California Green Code, including milestone submittals at 30%, 60%, and
95%.
b. Renderings for presentation purposes.
c. Project Coordination & Project Management.
d. Review Submittals, RFI’s, and limited Construction Support.
Page 137 of 165
9
4. Schedule
a. Architectural Consultant shall start work in August 2025.
b. PS&E shall be complete by April 2026.
c. The City shall review the construction documents at 30%, 60%, and 95% milestones.
d. City will be provided up to 3 weeks to review each milestone submittal.
e. City will solicit construction bids and hire a contractor in Summer 2026, and contractor shall
start work in Summer 2026.
Proposal Contents
The Proposal package shall be organized to include the following sections. Each proposal shall have the
sections identified below as separate sections in the proposal document. The contents for each section
are listed below and must be presented in the same order. The Proposers shall be responsible for
preparing an effective and clear proposal. Concise proposals without needless duplication are
encouraged.
The proposal must contain at a minimum the following information:
1. Title Page and/or Cover Letter
a. Show the proposal title, the name of firm, address, telephone number(s), email address,
name of primary contact person, the date, and other relevant company information.
b. Provide the name(s) of the person(s) authorized to make representations for your firm,
their title(s), address, email address, and telephone number(s).
c. Include a list of and contact information for any proposed sub-consultants and the work
they will perform.
2. Experience and Examples
a. Describe your firm’s experience in the required areas of expertise, and its ability to
provide the needed services for the City.
b. Include examples for which your firm has supplied the same or similar services for other
municipalities.
c. Provide up to three experience summaries describing similar work and identifying client
reference contact information.
3. Key Staff
a. Identify the designated project manager or primary contact and key supporting staff,
along with their availability, parking analysis experience, and capacity to provide the
requested services.
b. Clearly state the person(s) assigned to oversee the project and those who will be
actively involved in executing the project.
c. Include resumes for each of the individuals and clearly identify any sub-Consultants.
4. Scope and Approach
a. State the services your firm is proposing to provide.
b. Describe the process and timeline that would be utilized to complete the project. At a
minimum, all scope of work items listed in this RFP must be addressed.
5. Cost
a. In a separate PDF file, provide a fee computation broken down by the major tasks listed
Page 138 of 165
10
in the scope of work in this RFP and for the project as a whole.
b. Include the maximum fee not to be exceeded for the services to be rendered.
c. Provide an hourly fee schedule for the personnel involved in the project.
Proposal Evaluation Criteria and Scoring
Proposal packages will be reviewed and scored, per the criteria listed below. Based on the number and
quality of responses, Consultants may be asked to continue to the interview/presentation step in the
process. Each package may receive a maximum of 100 points, as summarized below:
CRITERIA POINTS
Firm experience and examples 20
Project Approach and Work Plan 30
Key project staff 25
Reference Check Scores 5
Completeness, accuracy and quality of the proposal 20
TOTAL 100
Agreement
The selected firm will be required to execute an Agreement for Professional Services (Agreement) for the
project on the City’s form and is made part of this Request for Proposal as Attachment 2. All proposers are
directed particularly to review all Indemnification, Hold Harmless and Insurance requirements set forth in
this Agreement. Any requested changes to the City’s Agreement must be submitted with the proposal and
will be evaluated as part of the proposal. Changes to the Agreement will be considered as part of the
selection process and significant changes may influence the City’s selection. If the proposal does not
include proposed changes to the contract, the City shall assume the Proposer accepts the contract as is and
no changes will be allowed.
Documents and Questions
The RFP is available electronically as a free download at https://www.cityofgilroy.org/Bids.aspx. To receive
updates, amendments, or other information regarding this RFP, Proposers must sign up on the City’s
website. Proposers are solely responsible for determining if any addenda have been issued. Any questions
regarding the RFP should be directed to:
Ryan Osenton
Project Manager
(408) 846-0277
Ryan.Osenton@cityofgilroy.org
Attachments
Attachment 1: Feasibility Study
Attachment 2: As-Built Plans
Attachment 3: Sample Agreement for Services
Page 139 of 165
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GILROY AMENDING THE BUDGET FOR
THE CITY OF GILROY FOR THE 2025-2026 FISCAL
YEAR
WHEREAS, the City Administrator prepared and submitted to the City Council a budget
for the City of Gilroy for Fiscal Years 2025-2026 and 2026-2027, and the City Council
carefully examined, considered, and adopted the same on June 2, 2025; and
WHEREAS, City Staff has prepared and submitted to the City Council proposed
amendments to the budget for Fiscal Year 2025-2026 (FY26) for the City of Gilroy in the staff
report dated September 8, 2025, regarding the SVA Architects, Inc. for the Library Improvements
Project.
NOW, THEREFORE, BE IT RESOLVED THAT the expenditure appropriations for
Fiscal Year 2025-2026 in Fund 405 – Gilroy Library Fund shall be increased by $390,660.
PASSED AND ADOPTED this 8th day of September 2025 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Greg Bozzo, Mayor
ATTEST:
_______________________
Kim Mancera, City Clerk
Page 140 of 165
City of Gilroy
STAFF REPORT
Agenda Item Title: Amend a contract with Dewberry Engineers, Inc. to add
$29,880 to the contract for the design of the Lions Creek
Project, and Adopt a Resolution to Amend the Fiscal Year
2025-26 Budget to Appropriate the Additional Funds
Meeting Date: September 8, 2025
From: Brad Kilger, Interim City Administrator
Department: Public Works
Submitted by: John Doughty, Public Works Director
Prepared by: Shaun Wright, Engineer
STRATEGIC PLAN GOALS: Maintain and Improve City Infrastructure
RECOMMENDATION
1. Amend a contract with Dewberry Engineers, Inc. to add $29,880.00 to the
contract for a total amount not to exceed of $219,532.26;
2. Adopt a resolution to amend the Fiscal Year 2025-26 Budget to appropriate the
$29,880.00 within the Transportation/Mobility Grants Fund ($14,700.85) and the
Gas Tax Fund ($15,179.15); and
3. Authorize the City Administrator to execute the amendment and related
documents.
EXECUTIVE SUMMARY
The Lions Creek Trail Project (Project) will improve pedestrian and bicycle connectivity
in the City of Gilroy by constructing a Class I multi-use trail along Lions Creek between
Tapestry Drive at Christopher High School and the existing paved trail at Kern Avenue.
Dewberry Engineers, Inc. (Dewberry), having completed the previous 65% design of the
trail, is uniquely qualified to finalize the design, secure permits, and prepare the
necessary construction documents. Under the current contract, Dewberry will also be
designing pedestrian improvements at Santa Teresa Boulevard and Day Road East.
The construction of the pedestrian improvements (curb ramps and a crosswalk at the
Page 141 of 165
Santa Teresa Boulevard/Day Road East intersection) will be funded with Highway
Safety Improvement Program grant funds. The Dewberry contract is funded through two
grants, each requiring a local match. Approval of this contract amendment will enable
staff to move forward with finalizing the design of the project.
BACKGROUND
The Lions Creek Trail Project is a multi-use trail project aimed at enhancing connectivity
and recreational opportunities within the City of Gilroy. The project will construct a Class
I multi-use trail along Lions Creek from Tapestry Drive near Christopher High School to
the existing paved trail at Kern Avenue.
In 2015 Drake Haglan and Associates (subsequently acquired by Dewberry) began the
design of the Project (up to 65%). The Project was subsequently put on hold due to
funding constraints.
In 2023 the City of Gilroy was awarded two grants for the Project (a Community Project
Funding/Congressionally Directed Spending (CPF/CDS) grant in the amount of
$1,500,000 and a Recreational Trails Program (RTP) grant in the amount of $200,000.)
The awarded grant funds allowed staff to resume the Project.
In February 2025 the City was awarded $785,375 in Highway Safety Improvement
Program (HSIP) grant funds for guardrail and pedestrian/bicycle crossing improvements
at the Santa Teresa Boulevard/Day Road East intersection. The HSIP grant will be used
to fund the construction of these improvements. Since the guardrail and
pedestrian/bicycle improvements at the intersection will provide access between the two
segments of the Lions Creek Trail, the design of these improvements will be completed
under the current contract with Dewberry.
In April 2025 Council awarded a contract to Dewberry in the amount of $189,652.26 to
complete the design of the Project. As the consultant prepared original 65-percent
design documents, Dewberry was chosen as a uniquely qualified firm to complete the
final design.
ANALYSIS
Following execution of the contract, Dewberry resumed the design of the Project in May
2025. During design, the design team found that Santa Clara Valley Water District
(Valley Water) had constructed additional improvements in the Project area near Lions
Creek in their intervening years. Project design and Valley Water approvals, necessitate
an update of the prior topographic survey.
Staff requested that Dewberry provide a scope and fee for the additional work. Staff
reviewed Dewberry’s proposed scope and fee (in the amount of $29,880) and found it to
be reasonable. This additional scope and fee require an amendment to add $29,880 to
Page 142 of 165
Dewberry’s contract.
This work will ensure an accurate base map and will allow the Project team to complete
the design and obtain the necessary permits from Valley Water.
Grant and Gas Tax Funds are available to cover the additional cost of the updated
topographic survey.
ALTERNATIVES
Council may choose not to amend the agreement with Dewberry. This alternative is not
recommended as it is in the public's interest to complete design and initiate
construction. It is particularly important to preserve grant funds.
FISCAL IMPACT/FUNDING SOURCE
Funding for the contract amendment is currently within the Project funds previously
allocated. The contract amendment will utilize existing grant funds and local funds from
Gas Tax (Fund 205). No General Fund dollars are to be used. Funding for the
amendment to add $29,880 to the contract is summarized below.
Dewberry Original
Agreement
(Total Cost)
Dewberry Amendment #1
(Updated Topographic
Survey)
Dewberry Amended
Agreement (Total
Cost)
Federal Grant
(Fund 215)
$167,899.15 Federal
Grant (Fund
215)
$14,700.85 Federal
Grant
(Fund
215)
$182,600.00
Gas Tax (Fund
205)
$21,753.11 Gas Tax
(Fund 205)
$15,179.15 Gas Tax
(Fund
205)
$36,932.26
$189,652.26 $29,880.00 $219,532.26
PUBLIC OUTREACH
NEXT STEPS
If approved by Council, staff will execute the contract amendment and complete the
design of the Project.
Page 143 of 165
Attachments:
1. Budget Amendment Resolution - Dewberry Lions Creek Amendment - September
2025
Page 144 of 165
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GILROY AMENDING THE BUDGET FOR
THE CITY OF GILROY FOR THE 2025-2026 FISCAL
YEAR
WHEREAS, the City Administrator prepared and submitted to the City Council a budget
for the City of Gilroy for Fiscal Years 2025-2026 and 2026-2027, and the City Council
carefully examined, considered, and adopted the same on June 2, 2025; and
WHEREAS, City Staff has prepared and submitted to the City Council proposed
amendments to the budget for Fiscal Year 2025-2026 (FY26) for the City of Gilroy in the staff
report dated September 9, 2025, regarding the Dewberry Engineers Inc. contract amendment for
the Lions Creek Project.
NOW, THEREFORE, BE IT RESOLVED THAT the expenditure appropriations for
Fiscal Year 2025-2026 in Fund 215 – Transportation/Mobility Grants Fund shall be increased by
$14,700.85, and in Fund 205 – Gas Tax Fund shall be increased by $15,179.15.
PASSED AND ADOPTED this 8th day of September 2025 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Greg Bozzo, Mayor
ATTEST:
_______________________
Kim Mancera, City Clerk
Page 145 of 165
City of Gilroy
STAFF REPORT
Agenda Item Title: Authorize the City Administrator to Enter into an Eight-Year
Master Services and Purchasing Agreement with Axon
Enterprises, Inc., to Purchase the Axon Records Draft One
Report Writing Software for $499,233
Meeting Date: September 8, 2025
From: Brad Kilger, Interim City Administrator
Department: Police
Submitted by: Ken Binder, Interim Police Chief
Prepared by: Brian Dutton
STRATEGIC PLAN GOALS: Ensure Neighborhood Equity from City Services
RECOMMENDATION
1. Authorize the City Administrator to enter into an eight-year master services and
purchasing agreement with Axon Enterprises Inc. for $499,233 to purchase the
Axon records draft one report writing software; and
2. Authorize the City Administrator to execute the master services and purchasing
agreement and related purchasing documents.
EXECUTIVE SUMMARY
As service demands increase, the Department is looking for options to drive efficiencies
within our current staffing model/levels to increase employee productivity. In the last
two years, the Department transitioned to Axon camera and evidence storage solutions,
which has streamlined the collection, recall and storage of evidence to include the
cataloging of interactions utilizing body-worn cameras. This has reduced the amount of
staff time needed to collect and process evidence such as photographs, videos, and
documents.
With the advent of body-worn camera usage, officers need to review, summarize, and
potentially transcribe body-worn camera video to ensure their report accurately reflects
Page 146 of 165
the recorded interaction, creating a bottleneck in the amount of time needed for report
writing.
Axon recently developed a report generation system which utilizes artificial intelligence
to interpret an officer’s body-worn camera video and audio and assist in generating a
police report. The Department recently tested the service in-field and received a
positive response from personnel as a means of generating a draft report to then edit for
grammar and content.
BACKGROUND
The Department adopted Axon’s body-worn camera system along with Axon’s digital
evidence collection database, Evidence.com, approximately two years ago. In addition
to meeting the Council’s goal of increasing trust with the community through faster
resolution of complaints and lawsuits, the system has streamlined our evidence
collection processes for digitally stored evidence, such as body-worn camera footage,
photographs, video, and documents. As such, Police Department personnel are able to
collect and submit evidence digitally in the field, thus reducing the amount of time spent
physically preparing evidence and reducing paperwork. The digital preparation and
storage of evidence reduces the number of steps needed to properly prepare and store
evidence, while reducing the potential for errors and staff time in its preparation.
This is a benefit to officers in the field, as well as time spent by support staff who
process and prepare both reports and evidence for submission to the District Attorney’s
Office or the Courts.
As such, the Department has utilized this technology to create workflows that can
increase the amount of time officers are available to meet other service demands or
proactively patrol the city. As service demands continue to increase, the Department
constantly looks for options to improve productivity with our current staffing levels, with
the goal of increasing officers’ time to proactively patrol the city.
The utilization of body-worn cameras has benefited the Department in helping to reduce
the potential liability and time needed to mitigate complaints while driving employee
efficiencies, such as capturing a video record of an entire investigation. However, body-
worn camera usage often requires officers to review, summarize, and potentially
transcribe body-worn camera video to ensure their report accurately reflects the
recorded interaction (even for the most basic or routine criminal investigation). This can
create a bottleneck in the amount of time needed for video review and report writing as
officers need to ensure what they write is consistent with what was captured on video,
reducing officers’ time to patrol the city.
Axon recently developed a report generation system, Draft One, which utilizes artificial
intelligence (AI) to interpret an officer’s body-worn camera video and assist in
generating a draft police report. By utilizing Draft One, Department personnel will be
able to quickly generate a draft report, edit it for grammar, content, and pertinent details
Page 147 of 165
(as they are responsible for ensuring their reports are complete and accurate), and
finish the report faster than needing to start a new report while reviewing video. This
reduces the time spent on report writing to address service demands or to help the
Department meet its goals for proactive policing. The Department recently tested the
service and received a positive response from personnel as a means of assisting in an
efficient report writing process, thus freeing them for better public safety services.
ANALYSIS
Artificial Intelligence (AI) has gone from a novel technology to being rapidly integrated in
the workplace to assist employers and employees with increased productivity. While
some industries struggle with this integration, law enforcement is quickly adopting the
technology to increase productivity while collecting voluminous amounts of data with
technologies such as Automated License Plate Readers (ALPR), body-worn camera
data, or data collected from specific investigations (i.e., forensic data collection).
Agencies have found that AI can aggregate and parse this into useable data much
faster and with less payroll hours than prior to AI adoption.
As AI is a new technology that is designed to continuously improve its “intelligence” over
time, the most common applications (ChatGPT, Grok, Claude, Gemini et al) all use a
large language model (LLM) that is open sourced. As LLM’s gather more data the
model continues to learn and improve its responses through pattern recognition, which
means it could retrieve specific information from training data even though the data is
not saved (like a traditional database). This means there is the potential that sensitive
data is being uploaded to an LLM that could be accessed sometime in the future. There
are potential security concerns for law enforcement in using an AI application that is
open sourced and is not within a closed system. And since the technology is so new, it
is not clear if closed enterprise services on open source LLM’s are free from security
concerns (such as discovery in copyright lawsuits).
Since the Department records sensitive video on a daily basis, it needs to find an AI
solution to continue to improve employee productivity while maintaining data security. In
addition, the AI integration needs to be convenient and easy to use. With that, it makes
sense to work within the Axon universe of products for an AI product to assist with
summarizing video contacts, and generate a draft report based upon that summary.
Officers now record the majority of their interactions with citizens throughout their
working day. Depending upon the contact, officers may need to review and summarize
the contact to ensure the statement provided during the contact is documented properly
to avoid any misrepresentations. This can be time consuming, needing to start and stop
video several times while capturing the detail of the incident.
Axon’s AI solution, Draft One, is a secure solution that is integrated into Axon’s camera
technology and is easy to use. For example, if an officer records a contact they can use
Draft One to generate a draft report by accessing the video through Evidence.com and
clicking a button within the video. Draft One is also able to review and interpret other
Page 148 of 165
sources of audio and video to generate draft reports or sections of a report. This could
include witness or surveillance videos, audio interviews, or similar media. The AI in
Draft One interprets both audio and video and generates a draft police report. The
officer is required to review the report and the video and make the necessary
corrections needed to ensure the report is an accurate summary and reflection of the
incident.
To ensure reports are being thoroughly reviewed before being submitted for supervisor
review, nonsense phrases such as “the quick brown fox jumps over the lazy dog” are
inserted into the text. This is to alert the officer, but also to signal to reviewers if the text
has been edited for accuracy. The Department can also implement a warning system
(or prevent system usage for each user) if a certain percentage of words have not been
edited prior to submission. The Department can also specify which incident types and
level of crimes can be drafted with Draft One.
To ensure the Department is properly training our staff, and that each member is
proficient in their job, the Department will only allow officers off probation (18 months) to
use the system.
The Department recently beta tested Draft One using twenty-three officers as part of the
program and received a positive response from the service using an auto-generated
survey. The average rating provided by Department personnel for each report was a
numerical score of 4.83 out of 5.0. The Department was able to generate approximately
370 draft reports, which officers estimated saved them approximately twenty-four
minutes of report writing time per report. Officers said they were able to quickly
generate and edit reports while reviewing video, especially for investigations that were
more routine (i.e., auto burglaries, theft reports, etc.). This frees the officers for
proactive policing or to focus on more in-depth investigations.
ALTERNATIVES
While the AI market is highly competitive and there are other vendors who can use AI to
potentially interpret body-worn camera footage and generate draft police reports, Staff
believes the Axon product is the best software for this service to increase employee
productivity.
• Axon is an established company with a market capitalization of $57 billion and is
the market leader in software and camera technology for law enforcement. While
there is always market risk, the likelihood of Axon ceasing operations mid-
contract are highly unlikely. Law enforcement is also Axon’s primary end user
and solutions are tailored specifically for the industry.
• Axon’s systems are an easy technology to learn and use and the company has
been responsive to all administrative or operational issues that have arisen over
the last two years.
• Draft One is incorporated within the Evidence.com system and can be used by
officers immediately upon contract adoption with no integration issues and
Page 149 of 165
minimal amounts of training.
• Draft One is secure. We currently store all evidence, ALPR, and body-worn
camera data with Axon via cloud-based storage solutions. Like other Axon
services that are cloud-based, Draft One meets the compliance standards under
the FBI’s Criminal Justice Information Services (CJIS) Security Policy, meeting
current law enforcement database security standards.
It is staff’s belief that there is no other service that can meet these needs.
FISCAL IMPACT/FUNDING SOURCE
On June 2, 2025, the City Council adopted the Fiscal Year 2026 and 2027 biennial
budget, which includes the procurement of Axon Draft One, for $62,000/year for each of
the fiscal years. Staff are recommending a multi-year agreement to complement the
Department's existing Axon service agreements for other solutions that have been
procured and standardized. As such, an eight-year term is recommended for a total
amount not to exceed $499,233 over the term. Axon allows these fees to be spread
over the life of the agreement, making implementation more affordable. Axon product
costs rose 30% from 2022 to 2023; locking in long-term pricing is expected to generate
cost savings over the life of the agreement of $71,319.
PUBLIC OUTREACH
N/A
NEXT STEPS
N/A
Attachments:
1. Axon Draft One Quote
Page 150 of 165
Page 1 Q-605197-45715.977KP
Q-605197-45715.977KP
Issued: 02/27/2025
Quote Expiration: 06/30/2025
Estimated Contract Start Date: 07/01/2025
Account Number: 112140
Payment Terms: N30
Delivery Method:
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Gilroy Police Department - CA
7301 Hanna St
Gilroy,
CA
95020-6129
USA
Gilroy Police Department - CA
7301 Hanna St
Gilroy
CA
95020-6129
USA
Email:
Kyle Panasewicz
Phone: +1 4803294734
Email: kpanasewicz@axon.com
Fax: (480) 905-2071
Michael McMahon
Phone:
Email: mmcmahon@cityofgilroy.org
Fax:
Quote Summary Discount Summary
Program Length 97 Months Average Savings Per Year $8,823.01
TOTAL COST $499,232.76
ESTIMATED TOTAL W/ TAX $499,232.76 TOTAL SAVINGS $71,319.30
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
Page 151 of 165
Page 2 Q-605197-45715.977KP
Payment Summary
Date Subtotal Tax Total
Jul 2025 $62,404.06 $0.00 $62,404.06
Aug 2026 $62,404.10 $0.00 $62,404.10
Aug 2027 $62,404.10 $0.00 $62,404.10
Aug 2028 $62,404.10 $0.00 $62,404.10
Aug 2029 $62,404.10 $0.00 $62,404.10
Aug 2030 $62,404.10 $0.00 $62,404.10
Aug 2031 $62,404.10 $0.00 $62,404.10
Aug 2032 $62,404.10 $0.00 $62,404.10
Total $499,232.76 $0.00 $499,232.76
Page 152 of 165
Page 3 Q-605197-45715.977KP
Quote Unbundled Price:$570,552.06
Quote List Price:$570,552.06
Quote Subtotal:$499,232.76
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal
Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total
A la Carte Software
101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT
WRITING 78 97 $75.41 $65.98 $499,232.76 $0.00 $499,232.76
Total $499,232.76 $0.00 $499,232.76
Delivery Schedule
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date
A la Carte 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT
WRITING 78 07/01/2025 07/31/2033
Page 153 of 165
Page 4 Q-605197-45715.977KP
Shipping Locations
Location Number Street City State Zip Country
1 7301 Hanna St Gilroy CA 95020-6129 USA
Payment Details
Jul 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 1 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 78 $62,404.06 $0.00 $62,404.06
Total $62,404.06 $0.00 $62,404.06
Aug 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 2 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 78 $62,404.10 $0.00 $62,404.10
Total $62,404.10 $0.00 $62,404.10
Aug 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 3 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 78 $62,404.10 $0.00 $62,404.10
Total $62,404.10 $0.00 $62,404.10
Aug 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 4 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 78 $62,404.10 $0.00 $62,404.10
Total $62,404.10 $0.00 $62,404.10
Aug 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 5 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 78 $62,404.10 $0.00 $62,404.10
Total $62,404.10 $0.00 $62,404.10
Aug 2030
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 6 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 78 $62,404.10 $0.00 $62,404.10
Total $62,404.10 $0.00 $62,404.10
Aug 2031
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 7 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 78 $62,404.10 $0.00 $62,404.10
Total $62,404.10 $0.00 $62,404.10
Page 154 of 165
Page 5 Q-605197-45715.977KP
Aug 2032
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 8 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 78 $62,404.10 $0.00 $62,404.10
Total $62,404.10 $0.00 $62,404.10
Page 155 of 165
Page 6 Q-605197-45715.977KP
Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit
prior to invoicing.
Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement
(posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview
Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to
the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix
as described below.
ACEIP:
The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to
develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by
reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
Acceptance of Terms:
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you
are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency
for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.
Page 156 of 165
Page 7 Q-605197-45715.977KP
\s1\\d1\
Signature Date Signed
2/27/2025
Page 157 of 165
City of Gilroy
STAFF REPORT
Agenda Item Title: Issuance of an Exploratory Request for Proposals for Use of
Opioid Settlement Funds
Meeting Date: September 8, 2025
From: Brad Kilger, Interim City Administrator
Department: Administration
Submitted by: Bryce Atkins, Assistant to the City Administrator
Prepared by: Bryce Atkins, Assistant to the City Administrator
STRATEGIC PLAN GOALS: Not Applicable
RECOMMENDATION
Council authorize staff to issue an exploratory request for proposals for the use of opioid
settlement funds.
EXECUTIVE SUMMARY
BACKGROUND
In response to the national lawsuits and bankruptcies surrounding the production and
distribution of opioids, such as Fentanyl, for example, nationwide settlement and
bankruptcy agreements were created as part of those processes, and cities and
counties throughout the nation were able to sign on to the agreements to receive some
of those funds. The City of Gilroy signed onto those agreements and now accepts
payments from the administrators overseeing those settlements.
The individual payments are small, ranging from just a few thousand dollars to
approximately $42,000, the most significant amount, although these large amounts are
rare. In the budget process, staff does not project payments from these agreements, as
the amounts are not known in advance and can vary significantly regarding the amount
and timing of the payments. The only expenditure against these funds was a purchase
Page 158 of 165
of naloxone (also known as Narcan) for distribution to Police and Public Works staff in
case they encounter someone in the public experiencing an overdose condition. Aside
from that purchase, there has not been any additional use of these funds. The fund
currently has $237,352.12 in fund balance.
ANALYSIS
The use of settlement funds is required to meet conditions in the settlement agreements
and is regulated by the State of California. There are several categories of uses, but
many of the services described in them are not commonly present in Gilroy. Without
specific programming and knowledge of the available vendors and programs in the
area, staff is requesting Council approval to issue an exploratory request for proposals
(RFP). An exploratory RFP is an open solicitation process for vendors who believe their
services align with the intent of the funding being made available, without limiting
proposals to a specific program or service. Opioid remediation and prevention is not a
program offered by the City, and the City is neither equipped to create such a program
nor know if it would be viable. The exploratory RFP helps resolve this by allowing
service providers to propose programs for the use of these funds. The evaluation of
proposals would first be vetted by City staff to ensure they meet the funding
requirements. Those proposals that meet the requirements would then come before the
Council for the Council to determine which awards are made.
Staff had received an inquiry and an unsolicited proposal from a local organization
seeking to use the funds. However, the City's purchasing policy requires competitive
procurement. The exploratory RFP will facilitate a fair and equitable process for
receiving proposals from service providers interested in serving Gilroy residents using
these funds.
ALTERNATIVES
1. Council may choose not to issue the exploratory RFP. This is not recommended
as there are no specific programs identified to utilize these funds, and it may
result in the continued accumulation of restricted funding.
2. Council may choose to divert the funds to the County, as some other cities have
done. While a viable alternative, it is likely that the funds would be pooled with
other opioid funds and be used chiefly for services in the urban core of Santa
Clara County.
FISCAL IMPACT/FUNDING SOURCE
There is no fiscal impact for the issuance of the exploratory RFP. The fiscal impact
would occur at the time of award, should a qualifying proposal be received and the
Council choose to award a contract(s). The specific amount would be presented as part
Page 159 of 165
of that item. The maximum award possible would be the current balance in the fund,
$237,352.12. Use of the funds will require a budget amendment, as no expenditures
were appropriated during the budget process. There is no impact on the General Fund.
PUBLIC OUTREACH
This item was included on the publicly posted agenda for this meeting. If approved, the
City would issue an exploratory RFP on the City's website and in the local newspaper.
NEXT STEPS
If approved, the City would issue an exploratory RFP, and return to Council with the
results.
Attachments:
None
Page 160 of 165
City of Gilroy
STAFF REPORT
Agenda Item Title: City Administrator Recruitment Process
Meeting Date: September 8, 2025
From: Brad Kilger, Interim City Administrator
Department: Administrative Services
Submitted by: Greg Bozzo, Mayor
Prepared by: LeeAnn McPhillips, Assistant City Administrator/HR Director
STRATEGIC PLAN GOALS: Not Applicable
RECOMMENDATION
1. Review process for City Administrator recruitment.
2. Establish a City Council Sub-Committee for the City Administrator recruitment
process.
3. Confirm that the salary information posted on the job flyer will be "Depending On
Qualifications."
EXECUTIVE SUMMARY
The process to recruit and select a new City Administrator is underway. This is an
important hiring process for the Council as the City Administrator is the Chief Executive
Officer of the City, reports to the City Council, ensures that Council policies, goals and
priorities are implemented, and oversees the work of all City departments. A Council
subcommittee for this hiring process is recommended to facilitate certain steps of the
process and keep things moving forward in a timely manner. The full Council will be
engaged in many steps of the process to ensure the candidate selected will meet the
needs of the Council and community.
BACKGROUND
With the retirement of the most recent City Administrator on July 31, 2025, a search for
Page 161 of 165
a new City Administrator needs to be completed. An Interim City Administrator is in
place on a temporary basis and the target goal is to fill the City Administrator position by
January 2026.
Search Firm Proposals
Human Resources solicited proposals from search firms that specialize in the
recruitment and placement of City Administrators/City Managers. Six proposals were
received and evaluated. Two of the six firms had significant and recent experience
placing City Administrators/City Managers in California. Staff shared the proposal
information and two best qualified firms with the Council subcommittee members that
worked on the Interim City Administrator hiring process (Mayor Bozzo, Council Member
Cline, and Council Member Ramirez). Based on the review and feedback received,
Ralph Andersen & Associates was identified as the firm to work on Gilroy's City
Administrator search. Fred Wilson will serve as the Project Director for this search. Mr.
Wilson has 35 years of experience, including 20 years serving as a City Manager in
different communities. Mr. Wilson has worked on over 30 successful City Manager
searches for other agencies. Mr. Wilson will be supported by a team of professional
staff who will be assisting with the search process. Staff is working with the Ralph
Andersen & Associates team to get an Agreement for Services in place so the search
process can begin. The cost for the search will be $29,000. Proposal pricing for the
search ranged from $25,000 to $37,100.
Council Sub-Committee
While many steps of the hiring process will include all members of the Council, there are
some administrative and process steps that can be expedited through the use of a
Council subcommittee of three members. Mayor Bozzo, Council Member Cline, and
Council Member Ramirez worked on the Interim City Administrator hiring process, which
allowed some steps of the process to be expedited versus waiting for a scheduled
Council meeting. In addition to the review of the search firm proposals, the
subcommittee can review draft documents (to include the final recruitment brochure),
pre-screen candidates (the full Council will review the recommended short list of
approximately six candidates for interview with the full Council), answer questions from
the search firm, and assist with salary and benefit negotiations. It is customary for the
Mayor to serve as the lead of this subcommittee. The subcommittee's role is primarily
administrative and to keep the process moving forward. The recommended short list of
candidates will be reviewed in detail with the full Council prior to the interview process.
Absent the screening interviews completed by the search firm, all interviews with
candidates will be conducted by the full Council. Council should determine if they wish
to have a subcommittee for the City Administrator hiring process. If so, will the existing
subcommittee remain in place or will there be changes to who is serving on the
subcommittee?
Community Outreach
Page 162 of 165
Given that the City Administrator is the Chief Executive Officer of the City of Gilroy and
will have a lot of community contact, it is important that the Council engage with the
community to gain additional perspective on the profile, skills, and abilities of our next
City Administrator. It is recommended that this be accomplished through direct
personal contact with members of the community by all members of Council, followed
by a sharing of that information with the full Council, so the community's input can be
front of mind when evaluating applications and interviewing candidates.
As an example, input can be gathered from community members at a future Coffee with
the Mayor. Feedback can also be obtained during various community interactions by all
members of Council. Further ideas for community outreach can be shared by members
of Council.
Search Work Plan and Timeline
The recruitment and selection process will take approximately 12–14 weeks to
complete, from execution of the agreement to salary/benefit negotiations with the
finalist. Working with the Council and subcommittee, the search firm process tasks
include:
• Review of project management approach — contract, individual meetings with
Council/subcommittee and key staff, timing, and communication methods.
• Develop a position profile — gather technical information, develop recruitment
criteria, complete a community survey (if applicable), and finalize a recruitment
brochure.
• Outreach and recruiting — outreach and advertising of position, candidate
identification and contacts.
• Candidate evaluation — screening, preliminary research and review, and
preliminary interviews.
• Search report — evaluation report regarding all candidates who applied for the
position to include identification of recommended candidates.
• Council interview of finalists.
• Council selection of top candidate(s).
• Background check(s).
• Salary and benefits negotiations.
• Employment Agreement approval at a public meeting.
City Administrator Salary and Benefits
It is recommended that the salary for the City Administrator position be left open for
negotiations to give the Council the ability to consider the best qualified candidates and
not be limited by a historical or pre-established salary range. Given the needs,
experience, and demands of Gilroy's City Administrator position, an experienced City
Administrator is desired over a first-time City Administrator. Therefore, having flexibility
in setting the salary will allow the Council the best opportunity to recruit and select the
Page 163 of 165
best qualified person for this important position. At the end of the hiring process, the
City Administrator's salary is set through a written Employment Agreement approved by
the City Council in an open public meeting.
The current executive management benefits package will be included in the job
brochure along with a statement that other benefits may be considered depending upon
the qualifications of the selected candidate. Again, this wording will provide the Council
with flexibility when in the salary and benefits negotiations phase of the hiring process.
ANALYSIS
N/A
ALTERNATIVES
N/A
FISCAL IMPACT/FUNDING SOURCE
The cost for search firm services for the City Administrator search is $29,000. This is an
all-inclusive fee that includes search services and expenses. The cost of this search will
be covered by savings associated with the City Administrator position not being filled
with a full-time employee receiving benefits over a five-to-six-month period.
PUBLIC OUTREACH
Public outreach regarding the City Administrator search can be accomplished as
described above.
NEXT STEPS
Next steps for the City Administrator search process include:
• Finalize Agreement for Services with Ralph Andersen & Associates.
• Schedule an initial kick-off meeting with the search firm and Council
subcommittee.
• Schedule individual meetings for Council with the search firm to develop the City
Administrator profile.
• Council collection of community input to be considered when screening and
interviewing candidates.
• Council subcommittee review of the draft job brochure prior to it being finalized
and distributed for outreach and advertising.
Page 164 of 165
Attachments:
None
Page 165 of 165