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HomeMy WebLinkAboutState of California - 2017 CalGRIP Grant AgreementSTATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) AGREEMENT NUMBER BSCC 831 -16 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME BOARD OF STATE AND COMMUNITY CORRECTIONS CONTRACTOR'S NAME CITY OF GILROY 2. The term of this Agreement is: January 1, 2017 through December 31, 2017 3. The maximum amount $500,000.00 of this Agreement is: Five hundred thousand dollars and zero cents 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A: Scope of Work 2 pages Exhibit B: Budget Detail and Payment Provisions 2 pages Exhibit C: GTC 610: General Terms and Conditions 3 pages Exhibit D: Special Terms and Conditions 3 pages Attachment 1: FY 2014/15 Application for Funding /Grant Proposal (incorporated by reference) Appendix A:� CaIGRIP Executive Steering Committee 1 page r' IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General Services Use Only CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.) CITY OF GILROY BY (Authorized Signature) DATE SIGNED Do not type) .@S PRINTED NAME AND TITLE OF PERSON SIGNING GABRIEL A. GONZALEZ, City Administrator ADDRESS 7351 Rosanna Street Gilroy CA 95020 STATE OF CALIFORNIA AGENCY NAME BOARD OF STATE AND COMMUNITY CORRECTIONS BY (Authori ignature) DATE SIG ED(Do not type) PRINTED NAME AND TI%bF,4ERSON SIGNING ® Exempt per: SCM 1, 4.06 MARY JOLLS, D6l1bty Director ADDRESS 2590 Venture Oaks Way, Suite 200 Sacramento CA 95833 Approved ai, 'W i`Urm: By: .._ City Attomey City of Gilroy BSCC 831 -16 Page 1 of 2 EXHIBIT A SCOPE OF WORK 1. GRANT AGREEMENT — CALIFORNIA GANG REDUCTION, INTERVENTION AND PREVENTION (Ca_.IGRIP) GRANT PROGRAM This Grant Agreement is between the State of California Board of State and Community Corrections, hereafter referred to as BSCC and the City of Gilroy hereafter referred to as Grantee or Contractor.. 2. PROJECT SUMMARY AND ADMINISTRATION A. The CaIGRIP Program provides grants to cities using a local collaborative effort to reduce gang activity through the use of evidence-based prevention, intervention and suppression activities. Each grant city must designate a lead agency to serve as the implementing agency to administer the grant and coordinate all agencies and community based organizations (CBOs) participating in this project. B. Grantee agrees to administer the project in accordance with Attachment 1: FY 2014 /15 Application for Funding /Grant Proposal, which is incorporated by reference and hereto made part of this agreement. 3. PROJECT OFFICIALS -A- The BSCC's Executive Director or designee shall be the BSCC's representative for administration of the Grant Agreement and shall. have authority jto make determinations relating to any controversies that may arise under or in connection with the interpretation, performance, or payment for work performed under this Grant Agreement. B. The Grantee's project officials shall be those identified as follows: Authorized Officer with legal authority to sign: Name: Gabriel A. Gonzalez Title: City Administrator Address: 7351 Rosanna Street, Gilroy CA 950 0 Phone: 408 - 846 -0203 Designated Financial Officer authorized to receive warrants: Name: Barbara J. Voss Title: Assistant Finance Director Address: 7351 Rosanna Street, Gilroy CA 950 ,0 Phone- 408 -846 -0540 Fax: 408 - 846 -0421 Email: barbara.voss @ci.gilroy.ca.us Project Director authorized to administer the project: Name: Royce Heath Title Director /GPD Captain Address: 7301 Hanna St., Gilroy CA 95020 Phone: 408 -846 -0349 Fax: 408 -846 -0387 Email: royce.heath @ci.gilroy.ca.us C. Either party may change its project representatives upon written notice to the other party. D. By signing this Grant Agreement, the Authorized .Officer listed above warrants that he or she has full legal authority to bind the entity for which he or she signs. 4. DATA COLLECTION PROGRESS REPORTS AND EVALUATION _. A.- Grantees will be required comply with data collection and reporting requirements as described in the FY 2014/15 CaIGRIP Request for Proposals and Application for Grant Funding. City of Gilroy BSCC 831 -16 Page 2 of 2 EXHIBIT A SCOPE OF WORK B. Grantee will submit quarterly Progress Reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include the required data listed above, shall be submitted according to the following schedule: Progress Report Periods Due no later than: 1) January 1, 2017 through March 31, 2017 May 16, 2017 2) April 1, 2017 through June 30, 2017 August 15, 2017 3) July 1, 2017 through September 30, 2017 November 16, 2017 4) October 1, 2017 through December 31, 2017 February 15, 2018 C. Final Local Evaluation Report i Due March 31, 2018 The Final Local Evaluation Report covers the entire three -year grant cycle and is based on the:; goals, objectives and outcome measures laid out in the Local Evaluation Plan (as submitted in April 2015). D. Grantees shall submit all other reports and data as required by the BSCC. 5. PROJECT RECORDS A. The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this: Grant Agreement, approved program /budget modifications, financial records, and required reports.. B. The Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds, any matching funds by the Grantee, and the total cost of the project. Source documentation includes copies of all awards, applications, approved modifications, financial records, and narrative reports. C. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full -time or part-time. Time and effort reports are required for consultants (subcontractors). D. The grantee shall maintain documentation of donated goods and /or services, including the basis for valuation. E. Grantee ,agrees to protect records adequately from fire or other damage. When records are; stored away from the Grantee's principal office, a written index of the location of records stored must be on hand and ready access must be assured. F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspection, examination, Monitoring, copying, excerpting, transcribing, and auditing by the BSCC or designees. ;1f any litigation, claim, negotiation, audit, brother action involving the records has been started before the expiration of the three -year period, the records must be retained until the completion of the action and resolution of all .issues which arise from it or until the end of the regular three -year period, whichever is later. 6. CONFLICT OF INTEREST A. Existing law prohibits any applicant entity, sub = grantee, partner or like party who participated on the CaIGRIP Executive Steering Committee ((ESC) See Appendix A) from receiving funds from the grant for which the ESC was established. Government Code 1090 prohibits participation of financially interested individuals in the ESC process. A person who is "financially_ interested" includes employees of any- govern mental, nongovernmental entity or service provider that might receive funding through the applicable grant project. Additionally, a member could be "financially interested" if he or she serves with an organization that might make a contribution to the applicable grant project. B. In cases of an actual conflict of interest with an ESC member, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award. City of Gilroy BSCC 831 -16 Page 1 of 2 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. INVOICING AND PAYMENTS A. The Grantee shall be paid quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period. Invoicing Periods Due no later than: 1) January 1, 2017 through March 31, 2017 May 16, 2017 2) April 1, 2017 through June 30, 2017 August 15, 2017 3) July 1,.2017 through September 30, 2017 November 16, 2017 4) October 1, 2017 through December 31, 2017 February 15, 2018 B. An invoice is due to the BSCC even if grant funds are not expended or requested during. the invoicing period. Supporting documentation may be required for all expenditures. 2. GRANT AMOUNT AND LIMITATION A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award. Grantee Waives any and all claims against the BSCC and the State of California on account of project costs that may exceed the sum of the grant award. B. Under no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement. In no event shall changes be authorized for the Indirect Costs /Administrative Overhead line item that would result in that item exceeding ten percent (10 %) of the grant award. 3. BUDGET CONTINGENCY CLAUSE A. It is mutually agreed that if the Budget Act of the current year and /or any subsequent year covered under this Grant Agreement does not. appropriate funds for the purposes of this program, this Grant Agreement shall be of no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the BSCC or offer an agreement amendment to Grantee to reflect the reduced amount. C. This Grant. Agreement is valid and enforceable only if sufficient funds are made available'by the California Legislature. Grantee agrees that the BSCC's obligation to pay any sum to the Grantee under any provision of this agreement is contingent upon the availability of sufficient funds. 4. PROJECT'COSTS A. Grantee is responsible for ensuring that actual' expenditures are for eligible project costs. "Eligible" and "ineligible" project costs are set forth in the most current version of the BSCC' Grant Administration Guide, which can be found under Quick Links here: htto: / /www.bscc.ca.gov /s correctionsplanningandprograms .phq The provisions of the..BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein. To the extent any of the provisions of the BSCC Grant Administration. Guide and this agreement conflict, the language in this agreement shall prevail. B. Grantee shall, -upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this Grant Agreement. C. Grant funds must be used to supplement existing funds for program activities and may not replace (supplant) non- state /state -grant funds that have been appropriated for the same purpose. Potential supplanting will-be the subject of grant monitoring. Violations can result in a range of penalties (e.g., recoupment of monies provided under this grant, suspension of future program funding through BSCC grants, and civil /criminal penalties). City of Gilroy BSCC 831 -16 Page 2 of 2 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 5. PROMPT PAYMENT CLAUSE Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. 6. WITHHOLDING OF GRANT DISBURSEMENTS A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement. B. At such time as the balance of state.funds allocated to the Grantee reaches five percent (5 %), the BSCC may withhold that amount as security, to be released to the Grantee upon compliance with all grant provisions, including: 1) submittal and approval of the final invoice; 2) submittal and approval of the final progress report; and 3) submittal and approval of any additional required reports. C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee. D. In the event that grant funds are withheld from the Grantee, the BSCC's Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding. 7. PROJECT BUDGET 'I LINE ITEM - GRANT FUNDS GASH. MATCH IN -KIND . TOTAL:. MATCH 1. Salaries and Benefits $57,449 $225,730 $0 $283,179 2. Services and Supplies $21,000 $0 $0 $21,000 3. Professional Services $97,849 $35,000 $162,684 $295,533 4. CBO Contracts $268,702 $0 $76,586 $345288 minimum 20% of -rant funds ' 5. Indirect Costs $0 $0 $0 $0 � (no more than 10% of grant funds) 6. Data Collection /Evaluation $50,000 $0 $0 $50,000 (minimum 10% of grant funds) 7. Fixed Assets /Equipment $0 $0 $0 $0 8. Other $5,000 $0 $0 $5,000 (Including Training, Travel, etc. TOTAL. $500,000 $260,730 $239,270 $1,000,000 City of Gilroy BSCC 831 -16 Page 1 of 3 EXHIBIT C GENERAL TERMS AND CONDITIONS GTC 610: GENERAL TERMS AND CONDITIONS 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement: (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work -services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be.injured or damaged by Contractor in the performance of this Agreement. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. -In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand. 8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 9. RECYCLING -CERTIFICATION: The Contractor ishall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code _ Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205). 10. NON-DISCRIMINATION CLAUSE: -During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital-.status, and denial of family care leave. Contractor and subcontractors shall 'insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a -f) et seq.) and the applicable regulations promulgated. thereunder (California .Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and .Housing Commission implementing Government. Code Section City of Gilroy BSCC 831 -16 Page 2 of 3 EXHIBIT C GENERAL TERMS AND CONDITIONS 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 307 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this Agreement. 13.. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. A. The Government Code Chapter on Antitrust claims contains the following definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant 'to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is .accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but. not limited to, disclosure of information and compliance with earnings assignment City of Gilroy BSCC 831 -16 Page 3 of 3 EXHIBIT C GENERAL TERMS AND CONDITIONS orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as maybe specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall .be subject to a civil penalty for each violation.; (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.) 20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a 'loss leader' as defined in Section 17030 of the Business and Professions Code (PCC 10344(e). City of Gilroy BSCC 831 -16 Page 1 of 3 EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. GRANTEE'S GENERAL RESPONSIBILITY A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the BSCC is solely for the purpose of proper administration of grant funds, and shall not be deemed to relieve or restrict the Grantee's responsibility. B. Grantee is responsible for the performance of all project activities identified in Attachment 1: FY 2014/15 Application for Funding /Grant Proposal (by reference). C. Grantee shall immediately advise the BSCC of any significant problems or changes that arise during the course of the project. 2. GRANTEE ASSURANCES AND COMMITMENTS A. Compliance with Laws and Regulations This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable state laws, rules and regulations, and all applicable local ordinances. B. Fulfillment of Assurances and Declarations Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: FY 2014/15 Application for Funding /Grant Proposal (by reference), documents, amendments, approved modifications, and communications filed in support of its request for grant funds. C. Permits and Licenses Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work. 3. POTENTIAL SUBCONTRACTORS A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract with consultants for services needed to implement and /or support program activities. Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee's agreement with a subcontractor, the language of this Grant Agreement will prevail. B. Nothing contained in this Grant Agreement, or: otherwise, shall create any contractual relation between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of its responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and.omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any monies to any subcontractor. C. Grantee shall ensure that all subcontractors comply with all requirements of this Grant Agreement. D. Grantee assures that for any subcontract awarded by the Grantee, such as insurance and fidelity bonds, as is customary and appropriate, will be obtained. E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee's subcontractors to: 1) Books and Records Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor's work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained fora minimum of three (3) years after the acceptance of the project's final audit of expenditures under the Grant Agreement, and shall be subject to examination and /or audit by City of Gilroy BSCC 831 -16 Page 2 of 3 EXHIBIT D SPECIAL TERMS AND CONDITIONS the BSCC or designees, state government auditors or designees, or by federal government auditors or designees. 2) Access to Books and Records Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the Department of General Services; the Department of Finance, the Bureau of State Audits, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the project's final audit of expenditures. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant- funded project. 4. PROJECT ACCESS Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the project period. 5. ACCOUNTING AND AUDIT REQUIREMENTS A. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted government accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail. Supporting documentation shall permit the tracing of transactions from such documents to relevant accounting records, financial reports, and invoices. B. The BSCC reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three (3) years following the end of the grant period. At any time, the BSCC may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement, or take other remedies legally available. 6. MODIFICATIONS No change or modification in the project will be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in the Application for Funding /Grant Proposal or the CaIGRIP Year Two Re- Application. Changes shall not be implemented by the project until authorized by the BSCC. 7. TERMINATION A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a material and substantial breech of this Grant Agreement. Such action or inaction includes, but is not limited to: 1) substantial alteration of the scope of the grant project without prior written approval of the BSCC; 2) refusal or-inability to complete the grant project in a manner consistent with Attachment 1: FY 2014/15 Application for Funding /Grant Proposal (by reference) or approved modifications; 3) failure to provide the required local match share of the total project costs; and 4) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement. B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide. the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in accordance with the instructions listed in Exhibit D: Special Terms and Conditions, Number 8. Settlement of Disputes. EXHIBIT D SPECIAL TERMS AND CONDITIONS 8. SETTLEMENT OF DISPUTES City of Gilroy BSCC 831 -16 Page 3 of 3 A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Programs Division Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Grant Agreement. Grantee's written demand shall be fully supported by factual information. The BSCC Corrections Planning and Programs Division Deputy Director shall have 30 days after receipt of Grantee's written demand invoking this Section "Disputes" to render a written decision. If a written decision is not rendered within 30 days after receipt of the Grantee's demand, it shall be deemed a decision adverse to the Grantee's contention. If the Grantee is not satisfied with the decision of the BSCC Corrections Planning and Programs Division Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30 day period in the event no decision is rendered), to the BSCC Executive Director, who shall have 45 days to renders final decision. If the Grantee does not appeal the decision of the BSCC Corrections Planning and Programs Division Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court, or with the Victims Compensation Government Claims Board, for failure to exhaust Grantee's administrative remedies. B. Pending the final resolution of any dispute arising under, related to or 'involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement. Grantee's failure to diligently proceed in accordance with the State's instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement. C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Executive Director, if an appeal was made. If the Executive Director fails to render a final decision within 45 days after receipt of the Grantee's appeal for a final decision, it shall be deemed a final decision adverse to the Grantee's contentions. :The State's final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later. D. The dates of decision and appeal in this section, maybe modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction. 9. UNION ACTIVITIES For all agreements, except fixed price contracts of $50,000 or less, the Grantee acknowledges that applicability of Government Code §16654 through §16649 to this Grant Agreement and agrees to the following: A. No state funds received under the Grant Agreement will be used to assist, promote, or deter union organizing. B. Grantee will not, for any business conducted under the Grant Agreement, use any state property to hold meetings with employees or supervisors; if the purpose of such meetings is to assist, promote, or deter union organizing, unless the state property is equally available to the general public for holding meetings. C. If Grantee incurs costs or makes expenditures to assist, promote, or deter union organizing, Grantee will maintain records sufficient to show that no reimbursement from state funds has been sought for these costs and that Grantee shall provide those records to the Attorney General upon request.. 10. WAIVER The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver. City of Gilroy BSCC 831 -16 Page 1 of 1 APPENDIX A CALGRIP EXECUTIVE STEERING COMMITTEE The 2013 Standing Committee on Gang Issues acted as ESC for this CaIGRIP grant. 2013 The Standing Committee on Gang Issues: Members • David Maggard (City of Irvine Chief of Police) • Paulino Duran (Chief Public Defender, Sacramento County) • LaDonna Harris (Chief Probation Officer, Alameda County) • Bryan Kingston (California Department of Corrections and Rehabilitation, Special Agent in Charge) • Jorja Leap, Ph.D. (Adjunct Professor of Social Welfare, University of California, Los Angeles) • Wilfredo "Will" Lopez (Los Angeles County Department of Mental Health) • Steve Moore (Sheriff, San Joaquin County) • Ernesto Olivares (Council Member, City of Santa Rosa) • Nathan Scarano (Supervising Chief Probation Officer, San Bernardino County) • Larry J. Wallace (Chief, Division of Law Enforcement, California Department of Justice)