HomeMy WebLinkAbout2020-04-20 City Council Regular Meeting Agenda Packet
April 16, 2020 6:11 PM City Council Regular Meeting Agenda Page1 MAYOR
Roland Velasco
COUNCIL MEMBERS
Marie Blankley
Dion Bracco
Peter Leroe-Muñoz
Carol Marques
Fred Tovar
Cat Tucker
CITY COUNCIL
AGENDA
CITY OF GILROY
CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET
GILROY, CA 95020
REGULAR MEETING 6:00 P.M.
MONDAY, APRIL 20, 2020
CITY COUNCIL MEETING MATERIAL IS AVAILABLE ON THE CITY WEBSITE www.cityofgilroy.org
VIEW THE MEETING LIVE ON THE CITY WEBSITE www.cityofgilroy.org.
PUBLIC PARTICIPATION IN THIS MEETING WILL BE LIMITED. MEMBERS OF THE PUBLIC ARE
ENCOURAGED TO PARTICIPATE BY EMAILING ALL PUBLIC COMMENTS TO THE CITY CLERK
shawna.freels@cityofgilroy.org OR BY LEAVING A VOICE MESSAGE COMMENT BY CALLING
(408) 846-0204, PRIOR TO 5:00 P.M. APRIL 20, 2020.
THE APRIL 20, 2020 MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS
OF THE GOVERNOR’S EXECUTIVE ORDER N-29-20
In order to minimize the spread of the COVID 19 virus, the City will be offering
telephone and email options for public comments at this meeting. The public is
encouraged to participate in this meeting by telephone or email as follows:
You are strongly encouraged to watch the City Council meeting live on the City of
Gilroy’s website at www.cityofgilroy.org or on Cable Channel 17. To view from the
website, select the Council Agendas and Videos button from the home page.
PUBLIC COMMENTS WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE
CITY COUNCIL.COMMENTS MAY BE EMAILED TO THE CITY CLERK PRIOR TO OR DURING THE
MEETING AT shawna.freels@cityofgilroy.org AND MUST BE RECEIVED BEFORE THE MAYOR
OPENS PUBLIC COMMENT FOR THE ITEM. ADDITIONALLY, COMMENTS MAY BE MADE BY
LEAVING A VOICE MESSAGE AT (408) 846-0204, PRIOR TO 5:00 P.M. APRIL 20, 2020.
IMPORTANT: identify the Agenda Item Number or PUBLIC COMMENT in the subject line of your
email. The City Clerk will read the first three minutes of each email into the public record.
In compliance with the Americans with Disabilities Act, and Governors Order N-29-20, 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 a minimum of 2 hours prior
to the meeting at (408) 846-0204.
City Council Regular Meeting Agenda
04/20/2020 Page2
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 Staff’s ability to post the documents before the meeting.
The City Council meets regularly on the first and third Monday of each month, at 6:00 p.m. If a
holiday, the meeting will be rescheduled to the following Monday, with the exception of the single
meeting in July which lands on the first day of the month not a holiday, Friday, Saturday or
Sunday.
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 or
shawna.freels@cityofgilroy.org
I. OPENING
1. Call to Order
1. Pledge of Allegiance
2. Invocation
3. City Clerk's Report on Posting the Agenda
4. Roll Call
2. Orders of the Day
3. Employee Introductions
INTERVIEWS
Interviews for One Open Seat on the Planning Commission with a Term Expiring
December 31, 2022
II. CEREMONIAL ITEMS
City Council Regular Meeting Agenda
04/20/2020 Page3 A. Proclamations, Awards, and Presentations
III. PRESENTATIONS TO THE COUNCIL
PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY
COUNCIL PUBLIC COMMENTS MAY BE SUBMITTED BY EMAIL TO:
shawna.freels@cityofgilroy.org, (This portion of the meeting is reserved for persons desiring to
address the Council on matters not on this 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 material provided
by public members for Council agenda item “public comment by Members of the Public on items not
on the agenda” will be limited to 10 pages in hard copy. An unlimited amount of material may be
provided electronically.)
City Council Regular Meeting Agenda
04/20/2020 Page4 IV. REPORTS OF COUNCIL MEMBERS
Council Member Bracco – Gilroy Downtown Business Association Board (alternate),
Gilroy Sister Cities Association (alternate), Santa Clara Co. Library JPA, SCVWD Joint
Council-SCRWA-Board Water Resources Committee, South County Joint Planning
Advisory Committee (alternate), South County Regional Wastewater Authority Board,
South County Youth Task Force Policy Team (alternate), Street Naming Committee
Council Member Tucker –CalTrain Policy Group, Cities Association of Santa Clara Co.
Board of Directors, General Plan Advisory Committee, Santa Clara Valley Habitat
Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board,
Street Naming Committee, Visit Gilroy Board
Council Member Blankley - ABAG (alternate), Cities Association of Santa Clara Co.
Board of Directors (alternate), Economic Development Corporation Board, Gilroy Sister
Cities Association, Gilroy Youth Task Force (alternate), SCVWD Joint Council-SCRWA-
Board Water Resources Committee, South County Regional Wastewater Authority
Board, VTA Board of Directors Alternate, VTA Policy Advisory Committee, VTA South
County City Group
Council Member Marques - Gilroy Downtown Business Association Board, Gilroy
Gardens Board of Directors, Santa Clara Valley Habitat Agency Governing Board
(alternate), Santa Clara Valley Habitat Agency Implementation Board (alternate), Silicon
Valley Clean Energy JPA Board (alternate), URM Task Force Sub-Committee, VTA
Committee for Transit Accessibility (alternate)
Council Member Tovar –Santa Clara Co. Expressway Plan 2040 Policy Advisory
Board, Recycling and Waste Reduction Commission, Santa Clara Co. Library JPA
(alternate), SCVWD Water Commission (alternate), Silicon Valley Clean Energy JPA
Board, South County Regional Wastewater Authority Board, South County United for
Health, Street Naming Committee, VTA Committee for Transit Accessibility, VTA Policy
Advisory Committee (alternate)
Council Member Leroe-Muñoz - ABAG, CalTrain Policy Group (alternate), Gilroy
Youth Task Force, Historic Heritage Committee, SCVWD Water Commission, Silicon
Valley Regional Interoperability Authority Board, South County Youth Task Force Policy
Team, VTA Mobility Partnership
Mayor Velasco - Economic Development Corporation Board, General Plan Advisory
Committee, Historic Heritage Committee (alternate), Santa Clara Valley Habitat Agency
Governing Board, Santa Clara Valley Habitat Agency Implementation Board, South
County Joint Planning Advisory Committee, South County Regional Wastewater
Authority Board (alternate), URM Task Force Sub-Committee, VTA Mobility Partnership,
VTA South County City Group (alternate)
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
VI. CONSENT CALENDAR (ROLL CALL VOTE)
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 Council votes to approve. If removed, the item will be
discussed in the order in which it appears.
City Council Regular Meeting Agenda
04/20/2020 Page5
A. Minutes of the March 24, 2020 Special Meeting
B. Minutes of the April 6, 2020 Regular Meeting
C. Appointment of One Member to the Building Board of Appeals With a Term
Ending December 31, 2023
D. Approval of the Extension of the Exclusivity Agreement With the Sharks
Sports & Entertainment, LLC Through January 31, 2021 to Fully Assess the
Potential of Having the Sharks Organization Operate a New Indoor
Recreational Facility in Gilroy
E. Acceptance of the City Fiscal Year 2018-19 Federal Single Audit for the
Reporting Period of July 1, 2018 to June 30, 2019
VII. BIDS AND PROPOSALS
A. Approval of a Purchasing Contract With Papé Machinery of Gilroy in the
Amount of $122,985 for the Purchase of a John Deere 310SL Backhoe
Under a Cooperative Purchasing Agreement with Sourcewell, Formerly
Known as National Joint Powers Alliance (NJPA)
1. Staff Report: Girum Awoke, Public Works Director
2. Public Comment
3. Possible Action:
Approve a purchase contract with Papé Machinery of Gilroy in the amount of
$122,985 for the purchase of a John Deere 310SL Backhoe, using the
cooperative purchasing agreement with Sourcewell formerly known as National
Joint Powers Alliance (NJPA), and authorize the Interim City Administrator to
execute the contract and related documents.
B. Approval of a Purchasing Contract With Papé Machinery of Gilroy in the
Amount of $151,410 for the Purchase of a John Deere 344L Loader Through
a Cooperative Purchasing Agreement with Sourcewell, Formerly Known as
National Joint Powers Alliance (NJPA)
1. Staff Report: Girum Awoke, Public Works Director
2. Public Comment
3. Possible Action:
Approve a purchase contract with Papé Machinery of Gilroy in the amount of
$151,410 for the purchase of a John Deere 344L loader using a cooperative
purchasing agreement with Sourcewell,,, formerly known as National Joint Powers
Alliance (NJPA), and authorize the Interim City Administrator to execute the
contract and associated documents.
VIII. PUBLIC HEARINGS - NONE
IX. UNFINISHED BUSINESS
A. Appointment to One Open Seat on the Planning Commission with a Term
Ending December 31, 2022
City Council Regular Meeting Agenda
04/20/2020 Page6 1. Staff Report: Shawna Freels, City Clerk
2. Public Comment
3. Possible Action:
Appoint a member to the open seat on the Planning Commission with a term
ending December 31, 2022.
X. INTRODUCTION OF NEW BUSINESS
A. Approval of a Services Agreement with the County of Santa Clara for the
South County Youth Task Force and Adoption of a Resolution Approving
Budget Amendments in Fiscal Years 2019-20 and 2020-21 Adding $220,000
to the Gang Prevention and Intervention Fund 227
1. Staff Report: Scot Smithee, Police Chief
2. Public Comment
3. Possible Action:
a) Approve a services agreement with the County of Santa Clara for the South
County Youth Task Force, and authorize the Interim City Administrator to
execute the agreement and related documents.
b) Adopt a resolution of the City Council of the City of Gilroy approving budget
amendments in Fiscal Years 2019-20 and 2020-21 in the Gang Prevention
and Intervention Fund 227.
B. Consideration of the Transfer of Santa Clara Valley Transportation
Authority (VTA) Measure B Obligated Funds from the Buena Vista
Interchange to the 10th Street/SR 152 Interchange Improvements
1. Staff Report: Girum Awoke, Public Works Director
2. Public Comment
3. Possible Action:
Receive report and provide direction to staff.
C. Consideration of Project and Program Options to Expend $275, 486 of
Funding Under the Coronavirus Aid, Relief, and Economic Security
(CARES) Act
1. Staff Report: Karen Garner, Community Development Director
2. Public Comment
3. Possible Action:
Receive report and provide direction to staff.
XI. CITY ADMINISTRATOR'S REPORTS
XII. CITY ATTORNEY'S REPORTS
XIII. CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC
Section 54956.8 and GCC Section 17A.8 (a) (2) Property: 3050 Hecker Pass
Highway, APN’s 783-05-011; 783-05-012; 783-05-013;810-17-014;015; 021; 024;
025; 026; 029; 810-18-002; 010; 011;801-19 -005;007; 010; 011; 014 (Gilroy Gardens
City Council Regular Meeting Agenda
04/20/2020 Page7 Property); Negotiator: Jimmy Forbis, Interim City Administrator, LeeAnn
McPhillips, HR Director; Other Party to Negotiations: Greg Edgar; Under
Negotiation: Lease Price and Terms
B. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE BARGAINING
UNITS Pursuant to GC Section 54957.6 and GCC Section 17A.11 (4); Collective
Bargaining Units: Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters;
AFSCME Local 101 Representing Employees Affiliated with AFSCME, Local 101;
Gilroy Management Association (GMA); Gilroy Police Officers Association, Inc.
Representing Gilroy Police Officers;
Unrepresented Confidential Exempt Employees, Unrepresented Confidential Non-
Exempt Employees, Non-Exempt Part-Time/Temporary/ Seasonal Employees,
Exempt Part-Time/Temporary/Seasonal Employees and Department Head
Employees
City Negotiators: Jimmy Forbis, Interim City Administrator, LeeAnn McPhillips,
HR Director; Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits,
Working Conditions; Memorandums of Understanding: City of Gilroy and Gilroy
Fire Fighters Local 2805, City of Gilroy and AFSCME Local 101 Representing
Employees Affiliated with AFSCME, Local 101; City of Gilroy and the Gilroy
Management Association (GMA); City of Gilroy and Gilroy Police Officers
Association, Inc.
1. Public Comment on Closed Session Items
2. Adjourn to Closed Session
ADJOURN TO OPEN SESSION
Report of any action taken in Closed Session and vote or abstention of each
Councilmember if required by Government Code Section 54957.1 and Gilroy Code
Section 17A.13 (a); Public Report of the vote to continue in closed session if required
under Gilroy Code Section 17A.11 (5)
ADJOURNMENT
MEETING DATES
APRIL, 2020
20* Regular Meeting - 6:00 p.m., City Council Chambers
MAY, 2020
4* Regular Meeting - 6:00 p.m., City Council Chambers
18* Regular Meeting - 6:00 p.m., City Council Chambers
JUNE, 2020
1* Regular Meeting - 6:00 p.m., City Council Chambers
15* Regular Meeting - 6:00 p.m., City Council Chambers
JULY, 2020
1* Regular Meeting - 6:00 p.m., City Council Chambers
* meeting is webstreamed and televised
City of Gilroy
STAFF REPORT
Agenda Item Title: Interviews for One Open Seat on the Planning Commission with a
Term Expiring December 31, 2022
Meeting Date: April 20, 2020
From: Jimmy Forbis, Interim City Administrator
Department: City Clerk
Submitted By: Shawna Freels
Prepared By: Shawna Freels
Suzanne Guzzetta
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability Public Engagement
RECOMMENDATION
Interview candidates for one open seat on the Planning Commission with a term
expiring December 31, 2022.
BACKGROUND
Planning Commissioner Amanda Rudeen has resigned from her seat effective March 3,
2020, leaving one open seat on the Commission with a term expiration of December 31,
2022. The City opened a four-week recruitment period to fill the vacancy, and has
received three applications.
At the close of the application period, the following applications have been received:
1. Reid Lerner
4
Packet Pg. 8
2. Omolade Opere
3. Andrew Ridley
CONCLUSION
The Council is asked to interview these three candidates at the opening of the April 20,
2020 meeting, and subsequently make an appointment decision later in the meeting,
under Unfinished Business.
Attachments:
1. Planning - Lerner, Reid
2. Planning - Opere, Omolade
3. Planning - Ridley, Andrew
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Packet Pg. 9
City of Gilroy Application
for Board, Committee and Commission Appointment
Board/Committee/Commission of Interest: Planning Commission
Name: Reid Lerner
Phone number(s): email address*:
Are you a registered voter within the City limits? Yes
Physical Address*:
List your qualifications for this appointment:
Licensed Architect / Certified Interior Designer / Environmental Planner.
BA degree in architecture and planning at the University of California Berkeley.
Working knowledge of Gilroy Zoning Ordinance, General Plan, and Area Specific Plans.
Working knowledge of Gilroy Housing & URM Building Policies.
Working knowledge of Gilroy engineering standards and design guidelines.
Received professional and governmental awards for land development planning, architecture,
and historic preservation.
List any service to the community including any prior appointments:
Past President of Gilroy Downtown Business Association
Founding Board Member of Gilroy Arts Alliance & Gilroy Center for the Arts
Chairman of Gilroy Housing Advisory Committee
What are your goals while serving on this Board/Commission/Committee?:
Verify proposed development and uses are compatible and beneficial to the City and public
safety.
Assure new development fits and enhances the existing fabric of the City.
Ensure proposed land development and uses are healthy and sustainable for the environment.
Protect Gilroy's natural resources and historic places.
Why are you the most qualified to serve on this Board/Commission/Committee?
I have knowledge of the current Gilroy housing and development policies and regulations.
As an architect, I have specific training, skills, and experience to understand and evaluate plans
and proposals.
I understand traffic studies, noise studies, CEQA, environmental impact reports (EIR),
subdivisions, road and infrastructure design, easements, and other planning issues.
All Commission, Board and Committee applications are a public record
Mail or email your application to: Shawna Freels, City Clerk
City of Gilroy
7351 Rosanna Street, Gilroy, CA 95020
shawna.freels@ci.gilroy.ca.us
The City of Gilroy accepts applications at any time and will keep them on file for one year.
12/2/2019 4:10:52 PM4.a
Packet Pg. 10 Attachment: Planning - Lerner, Reid (2747 : Planning Commission Interviews & Appointment)
City of Gilroy Application
for Board, Committee and Commission Appointment
Board/Committee/Commission of Interest: Planning Commission
Name: OMOLADE OPERE
Phone number(s): email address*:
Are you a registered voter within the City limits? Yes
Physical Address*:
List your qualifications for this appointment:
Project Manager
Logistics Coordinator
Supply Chain Planner
List any service to the community including any prior appointments:
What are your goals while serving on this Board/Commission/Committee?:
I would like to help improve how we plan and execute various goals and projects.
Why are you the most qualified to serve on this Board/Commission/Committee?
I am most qualified because I have a genuine interest in helping improve our city, by planning
things in an efficient and costly manner.
All Commission, Board and Committee applications are a public record
Mail or email your application to: Shawna Freels, City Clerk
City of Gilroy
7351 Rosanna Street, Gilroy, CA 95020
shawna.freels@ci.gilroy.ca.us
The City of Gilroy accepts applications at any time and will keep them on file for one year.
8/15/2019 8:44:02 PM4.b
Packet Pg. 11 Attachment: Planning - Opere, Omolade (2747 : Planning Commission Interviews & Appointment)
City of Gilroy Application for Board, Commission and Committee
Appointment
City of Gilroy Application for Board, Commission, and Committee Appointment
All Commission, Board and Committee applications are a public record.
First Name Andrew
Last Name Ridley
Board/Commission/Committee
of Interest
Planning Commission
Are you a registered voter
within the City limits?
Yes
Physical Address 1
Physical Address 2 Field not completed.
Phone Number
E-mail Address
Alternate Phone Number Field not completed.
List your qualifications for this
appointment:
I have been working in the transportation demand
management (TDM) field in the Bay Area for over eight
years, and currently serve as the Chief Operating Officer
at ALTRANS TMA, Inc., based in San Jose, CA. My
work has provided opportunity to work extensively on the
municipal level in Mountain View, Palo Alto, Milpitas, and
South San Francisco on a variety of public-facing
transportation initiatives. Beyond the planning portion of
the mentioned work, I also served an integral role in the
implementation and management of programs such as
the city-wide Mountain View Community Shuttle.
A normal part of the work I oversee is a result of our
clients’ development and planning process, such as
CEQA requirements, environmental impact reports and
their mitigation measures, entitlements, and conditions of
4.c
Packet Pg. 12 Attachment: Planning - Ridley, Andrew (2747 : Planning Commission Interviews & Appointment)
approval. In addition to a balanced view on planning in
general, I am bringing to the Gilroy Planning
Commission an experienced and thoughtful perspective
on the ever-relevant topic of planning for transportation
and transit.
List any service to the
community including any prior
appointments.
Director of Legislation, West Valley College Student
Senate
What are you goals while
serving on this
Board/Commission/Committee?
One goal is to personally be an asset in guiding and
shaping our community. By virtue of being a resident of
Gilroy, and since I am willing and able to serve, it’s
important that I do so. Having been a Santa Clara
County resident for over three decades, I’m also
invested in seeing the valley at large continue to thrive.
Good planning locally in Gilroy, a gateway to the county,
will lead to a dispersed, positive effect northward.
Another goal is to learn about the past and present
planning initiatives, to understand what has worked,
what hasn’t, and what is still needed. In time, and in
collaboration with other community stakeholders, I’d like
to help craft a well-planned future for Gilroy.
Working in TDM, my eye is attuned to spot needed
transportation, traffic, bike/ped, and related improvement
projects within Gilroy. With my experience regarding
conditions of approval, one of my goals is to craft
transportation related development conditions that are
win/win for developers and the City of Gilroy, it’s
residents and visitors.
Why are you the most qualified
to serve on this
Board/Commission/Committee?
My vocational experience in transportation demand
management will add a unique and important facet to the
makeup of the Planning Commission. Often, my planning
work for clients leads to implementation and operation of
those very plans. This has taught me that it’s not enough
to create policy and plans on paper, but to create
workable, sustainable plans that I would be able to
successfully carry out if called upon to do the work.
Having worked across every level of organizations, with
on-the-ground project coordinators to developers of
world-class business parks, I’ve gained invaluable
4.c
Packet Pg. 13 Attachment: Planning - Ridley, Andrew (2747 : Planning Commission Interviews & Appointment)
experience that will continue to serve me well in the
public sphere.
Finally, being a homeowner in Gilroy, and having the
vocational experience to effectively assist in its planning,
I’m excited to use my time and talents to give back to the
community I call home.
4.c
Packet Pg. 14 Attachment: Planning - Ridley, Andrew (2747 : Planning Commission Interviews & Appointment)
1
City Council Special Meeting Minutes
03/24/2020
City of Gilroy
City Council Special Meeting Minutes
March 24, 2020
SPECIAL MEETING - 4:00 P.M.
I. OPENING
Mayor Velasco called the meeting to order at 4:07 p.m.
Attendee Name Title Status Arrived
Roland Velasco Mayor Present 4:05 PM
Marie Blankley Council Member Remote 4:00 PM
Dion Bracco Council Member Remote 4:00 PM
Peter Leroe-Muñoz Council Member Remote 4:00 PM
Carol Marques Council Member Remote 4:00 PM
Fred Tovar Council Member Remote 4:00 PM
Cat Tucker Council Member Remote 4:00 PM
II. PUBLIC HEARING
A. Consideration of the Adoption of An Urgency Ordinance of the City Council
of the City of Gilroy Adopted as an Urgency Measure Pursuant to Gilroy
Charter Section 602, Prohibiting Evictions for the Nonpayment of Rent for
Tenants Impacted by the COVID-19 Emergency and Setting Forth the Facts
Constituting Such Urgency; Introduction of an Ordinance of the City
Council of the City of Gilroy Prohibiting Evictions for the Nonpayment of
Rent for Tenants Impacted by the COVID-19 Emergency and Setting Forth
the Facts Constituting the Need for Such Relief; and Adoption of a
Resolution of the City Council of the City of Gilroy Declaring the
Commencement of a Moratorium Prohibiting Evictions for the Nonpayment
of Rent for Tenants Impacted by the COVID-19 Emergency and Setting for
the Facts Constituting Such Urgency
Mayor Velasco explained that he was attending the meeting in Council chambers
along with the Interim City Administrator and the City Clerk, and the rest of the
City Council and the City Attorney were attending by teleconference.
The item was presented by Interim City Administrator Forbis.
The public hearing was opened.
Public comment was submitted by Chris Vanni who suggested the Council
consider the landlords asking that a more holistic ordinance be considered.
Casey Estorga submitted a comment asking that the Council adopt the regional
best practice and recommended the use of a template letter he had submitted.
The Santa Clara County Association of Realtors submitted a comment
suggesting additional components to the moratorium ordinance and asked that
both tenants and housing providers be considered.
6.A
Packet Pg. 15 Communication: Minutes of the March 24, 2020 Special Meeting (CONSENT CALENDAR (ROLL CALL VOTE))
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City Council Special Meeting Minutes
03/24/2020
John Taft and Gary Walton submitted a comment suggesting that the Council
consider the landlords and other conditions, asking that the ordinance be as fair
to landlords as it was to tenants.
Public comment was submitted by Jessica from the Compassion Center asking
to address the homeless during the crisis.
The Law Foundation submitted a comment asking that the local moratorium
ordinance be adopted, mirrored to Santa Clara County's.
A comment was submitted asking how business owners and residents would be
protected.
Rebecca Armendariz commented that working families and small businesses
needed protection.
Vanessa Ashford submitted a comment explaining that residents needed
protection.
Jan Berstein Chargin asked the Council to adopt the ordinance and avoid
unnecessary homelessness.
CARAS wrote in support of the ordinance adoption.
The public hearing was then closed.
Motion was made to not adopt the urgency ordinance; the motion failed for
lack of a majority vote.
RESULT: FAILED [3 TO 4]
MOVER: Marie Blankley, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Roland Velasco, Marie Blankley, Dion Bracco
NAYS: Peter Leroe-Muñoz, Carol Marques, Fred Tovar, Cat Tucker
xA Possible Action:
b) Motion to read the Urgency Ordinance by title only and waive further
reading.
RESULT: APPROVE [5 TO 2]
MOVER: Cat Tucker, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Velasco, Leroe-Muñoz, Marques, Tovar, Tucker
NAYS: Marie Blankley, Dion Bracco
City Clerk Freels read the ordinance title.
6.A
Packet Pg. 16 Communication: Minutes of the March 24, 2020 Special Meeting (CONSENT CALENDAR (ROLL CALL VOTE))
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City Council Special Meeting Minutes
03/24/2020
x Possible Action:
c) Adopt An Urgency Ordinance of the City Council of the City of Gilroy
Adopted as an Urgency Measure Pursuant to Gilroy Charter Section
602, Prohibiting Evictions for the Nonpayment of Rent for Tenants
Impacted by the COVID-19 Emergency and Setting Forth the Facts
Constituting Such Urgency.
The motion failed for lack of a super-majority vote.
RESULT: FAILED [4 TO 3]
MOVER: Cat Tucker, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Peter Leroe-Muñoz, Carol Marques, Fred Tovar, Cat Tucker
NAYS: Roland Velasco, Marie Blankley, Dion Bracco
x
Possible Action:
d) Motion to read the Ordinance by title only and waive further reading.
RESULT: APPROVE [5 TO 2]
MOVER: Cat Tucker, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Velasco, Leroe-Muñoz, Marques, Tovar, Tucker
NAYS: Marie Blankley, Dion Bracco
x City Clerk Freels read the ordinance title.
Possible Action:
e) Introduce an Ordinance of the City Council of the City of Gilroy
Prohibiting Evictions for the Nonpayment of Rent for Tenants Impacted
by the COVID-19 Emergency and Setting Forth the Facts Constituting the
Need for Such Relief.
RESULT: APPROVE [4 TO 3]
MOVER: Cat Tucker, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Leroe-Muñoz, Marques, Tovar, Tucker
NAYS: Marie Blankley, Dion Bracco, Roland Velasco
III. NEW BUSINESS
A. Discussion and Direction for Community Assistance During the COVID-19
Pandemic
The staff report was presented by Interim City Administrator Forbis.
There were no public comments.
6.A
Packet Pg. 17 Communication: Minutes of the March 24, 2020 Special Meeting (CONSENT CALENDAR (ROLL CALL VOTE))
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City Council Special Meeting Minutes
03/24/2020
The Council gave direction to staff to bring the item back at the April 6, 2020
meeting with recommendations for Council consideration.
B. A Resolution of the City Council of the City of Gilroy Entitled "Designation
of Applicant's Agent Resolution for Non-State Agencies" to Permit the City
to Apply for Reimbursements Through the California Office of Emergency
Services for Costs Related to the COVID-19 Pandemic
The staff report was presented by Interim City Administrator Forbis.
There were no public comments.
Possible Action:
Adopt Resolution 2020-18 of the City Council of the City of Gilroy entitled
“Designation of Applicant's Agent Resolution for Non-State Agencies”
permitting the City to apply for reimbursements through the California
Office of Emergency Services for costs related to the COVID-19 pandemic.
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar,
Tucker
IV. CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE BARGAINING
UNITS Pursuant to GC Section 54957.6 and GCC Section 17A.11 (4); Collective
Bargaining Units: Local 2805, IAFF Fire Unit Representing Gilroy Fire Fighters;
AFSCME Local 101 Representing Employees Affiliated with AFSCME, Local 101;
Gilroy Management Association (GMA); Gilroy Police Officers Association, Inc.
Representing Gilroy Police Officers;
City Negotiators: Jimmy Forbis, Interim City Administrator, LeeAnn McPhillips,
HR Director; Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits,
Working Conditions; Memorandums of Understanding: City of Gilroy and Gilroy
Fire Fighters Local 2805, City of Gilroy and AFSCME Local 101 Representing
Employees Affiliated with AFSCME, Local 101; City of Gilroy and the Gilroy
Management Association (GMA); City of Gilroy and Gilroy Police Officers
Association, Inc.
Unrepresented Confidential Exempt Employees, Unrepresented Confidential Non-
Exempt Employees, Non-Exempt Part-Time/Temporary/ Seasonal Employees,
Exempt Part-Time/Temporary/Seasonal Employees and Department Head
Employees
There were no public comments.
ADJOURNMENT
The Council adjourned to closed session at 6:11 p.m.
/s/ Shawna Freels, MMC
City Clerk
6.A
Packet Pg. 18 Communication: Minutes of the March 24, 2020 Special Meeting (CONSENT CALENDAR (ROLL CALL VOTE))
1
City Council Meeting Minutes
04/6/2020
City of Gilroy
City Council Meeting Minutes
April 6, 2020
I. OPENING
A. Call to Order
The meeting was called to order at 6:00 PM by Mayor Velasco.
1. Pledge of Allegiance
Mayor Velasco led the pledge of allegiance.
2. Invocation
There was no invocation.
3. City Clerk's Report on Posting the Agenda
City Clerk Shawna Freels announced that the agenda had been posted on April
1, 2020 at 5:30 p.m.
4. ROLL CALL
Attendee Name Title Status Arrived
Roland Velasco Mayor Remote 6:00 PM
Marie Blankley Council Member Remote 6:00 PM
Dion Bracco Council Member Remote 6:00 PM
Peter Leroe-Muñoz Council Member Remote 6:00 PM
Carol Marques Council Member Remote 6:00 PM
Fred Tovar Council Member Remote 6:00 PM
Cat Tucker Council Member Remote 6:00 PM
B. Orders of the Day
Mayor Velasco announced that the meeting was being conducted virtually
pursuant to the Governor's Executive Order Number N-29-20 in order to minimize
the spread of COVID 19, and the meeting was being live streamed from the city
website and viewable on Cable Channel 17. He then offered instructions for
submitting public comment throughout the meeting.
C. Employee Introductions
There were no employee introductions.
II. CEREMONIAL ITEMS
A. Proclamations, Awards, and Presentations
There were none.
III. PRESENTATIONS TO THE COUNCIL
A public comment was submitted by John Taft who announced the Downtown
Business Association gift card program to support downtown merchants.
6.B
Packet Pg. 19 Communication: Minutes of the April 6, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE))
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City Council Meeting Minutes
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Public comment was then closed.
IV. REPORTS OF COUNCIL MEMBERS
There were none.
V. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Bracco requested that the Gilroy Gardens lease agreement
return to the Council to address providing the Park with economic certainty.
The Council agreed to agendize the item in closed session.
VI. CONSENT CALENDAR (ROLL CALL VOTE)
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker
A. Certificate of Commendation for Eagle Scout Benjamin Summers
B. Minutes of the March 16, 2020 Regular Meeting
C. Approval of a Notice of Acceptance of Completion and Reduction of the
Faithful Performance and Payment Security Bonds for Property
Improvement Agreement No. 2016-01, Hecker Pass Heartland Estates
Phase II Tract 10315
D. Approval of On-Call Consultants List for Engineering and Design Support
Services, Project No. 20-RFQ-PW-329
E. Rescheduling of the Public Hearing Regarding the Annual Weed Abatement
Program Setting the Hearing Date as May 4, 2020
F. Adoption of an Ordinance of the City Council of the City of Gilroy
Approving Zone Change Application Z 19-03 to Remove a Planned Unit
Development Overlay District Designation from a Single-Family Residential
(R-1) Zoned Parcel at a Property Located at 95 Farrel Avenue, APN 790-07-
007, Applicant Michael Kuang (Z 19-03) (Introduced 3/16/2020 with a 7-0
vote)
G. Claim of Esau Jimenez (The Interim City Administrator recommends a
“yes” vote under the Consent Calendar shall constitute the denial of the
claim)
H. Claim of Karina Cruz on behalf of James Evan Cruz Coronado (The Interim
City Administrator recommends a “yes” vote under the Consent Calendar
shall constitute the denial of the claim)
I. Claim of Stacy Flores (The Interim City Administrator recommends a “yes”
vote under the Consent Calendar shall constitute the denial of the claim)
VII. BIDS AND PROPOSALS
There were none.
VIII. PUBLIC HEARINGS
There were none.
IX. UNFINISHED BUSINESS
6.B
Packet Pg. 20 Communication: Minutes of the April 6, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE))
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City Council Meeting Minutes
04/6/2020
A. Adoption of an Ordinance of the City Council of the City of Gilroy
Prohibiting Evictions for the Nonpayment of Rent for Tenants Impacted by
the COVID-19 Emergency and Setting Forth the Facts Constituting the Need
for Such Relief (Introduced 3/24/2020 with a 4-3 vote; Council Members
Blankley, Bracco and Velasco voting no)
The item was introduced by Interim City Administrator Forbis and further
presented by City Attorney Faber.
Public comment was opened.
Comment submitted by Chris Vanni spoke in opposition to the adoption of the
ordinance as written, suggesting that the landlord also be protected.
Comment submitted by Bernard, Bagley and Bonoccorsi, representatives of Mike
Greenway and Leonard Harrington of Gilroy Automall car dealerships, suggested
that a monitory cap be included in the ordinance for commercial tenants.
John Taft submitted a comment in opposition to the adoption of the ordinance as
the county ordinance was sufficient.
Rebeca Armendariz spoke in support of the adoption of the ordinance to assist
those in need.
Public comment was then closed.
Motion:
Not adopt an Ordinance of the City Council of the City of Gilroy prohibiting
evictions for the nonpayment of rent for tenants impacted by the COVID-19
emergency and setting forth the facts constituting the need for such relief.
RESULT: APPROVE [4 TO 3]
MOVER: Marie Blankley, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Roland Velasco, Marie Blankley, Dion Bracco, Carol Marques
NAYS: Peter Leroe-Muñoz, Fred Tovar, Cat Tucker
B. Consideration of Financial Support for Local Community Programs During
the COVID-19 Pandemic
The staff report was presented by Interim City Administrator Forbis.
Public comment was opened.
John Taft and Gary Walton commented that direct business assistance should be
provided as it was in other cities, and suggested that small business receive
grants rather than loans.
Jan Bernstein-Chargin submitted a comment in support of the funding and asked
that the City support efforts to house the homeless as they were the most at risk
during the COVID 19 crisis, and asked that the equipment and supplies at
homeless encampments not be swept during the crisis.
6.B
Packet Pg. 21 Communication: Minutes of the April 6, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE))
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City Council Meeting Minutes
04/6/2020
Diane Ortiz of the Youth Alliance provided a comment requesting $50,000 of
financial support, described the programs provided through the agency, and
detailed the impacts of the COVID 19 in the community.
Rebeca Armendariz of CARAS commented on the organization's work with
families explaining that they were out of funds for hotel vouchers and other
supplies. She commented on Federal and State business loans and suggested
that small businesses with fewer than 25 employees be provided with grants.
Maria Cid asked why the Youth Alliance was not being considered for funding.
Public comment was then closed.
Possible Action:
Approve financial support for the St. Joseph's Family Center, Project
Sentinel, Gilroy Compassion Center, Mt. Madonna YMCA Senior Nutrition
Program, and the Gilroy Chamber of Commerce/Visit Gilroy in the total
amount of $257,500 to provide immediate support and programs in
response to the COVID-19 Pandemic; and authorize the Interim City
Administrator to develop and implement adequate financial controls and
reporting guidelines to ensure that funds are utilized appropriately, with the
addition of up to $10,000 for the Youth Alliance.
RESULT: APPROVE [UNANIMOUS]
MOVER: Cat Tucker, Council Member
SECONDER: Marie Blankley, Council Member
AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar,
Tucker
X. INTRODUCTION OF NEW BUSINESS
A. Approval of Capital Improvement Plan Projects for Funding by the Road
Repair and Accountability Act of 2017 (SB-1) Funds and Increasing
Appropriations in the Road Maintenance and Rehabilitation Fund 215 by
$2,510,621
The item was presented by Public Works Director Awoke.
Public comment was opened.
A comment was submitted by Zack Hilton stating that the Bicycle Pedestrian
Commission should be offered an opportunity to provide recommendation on the
use of the funding.
Public comment was then closed.
6.B
Packet Pg. 22 Communication: Minutes of the April 6, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE))
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City Council Meeting Minutes
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Possible Action:
Adopt Resolution 2020-19 of the City Council of the City of Gilroy amending
the fiscal year 2020-2021 budget to incorporate a list of projects to be
funded by SB 1: The Road Repair and Accountability Act and increase
appropriations in the fund by $2,510,621 for Fiscal Year 2020-2021.
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Cat Tucker, Council Member
AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar,
Tucker
B. Award of a Three Year Contract in the Amount of $226,100 to The Pun
Group, LLP for Professional Auditing Services to Conduct the City's
Annual Financial Audit and Report
The staff report was presented by Finance Manager Guerrero.
There were no public comments.
Possible Action:
Award a three-year, $266,100 contract with two 1-year extension options to
The Pun Group, LLP for professional auditing services and authorize the
Interim City Administrator to execute such agreement.
RESULT: APPROVE [6 TO 1]
MOVER: Cat Tucker, Council Member
SECONDER: Peter Leroe-Muñoz, Council Member
AYES: Velasco, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker
NAYS: Marie Blankley
C. Approval of Temporary Memorandums of Agreement with AFSCME Local
101, Gilroy Management Association, Gilroy Firefighters IAFF Local 2805
and the Gilroy Police Officers Association, and Temporary Policy
Memorandums with Unrepresented Employees, in Response to the COVID-
19 Pandemic and Shelter in Place Orders
The item was presented by Human Resources Director McPhillips.
There were no public comments.
6.B
Packet Pg. 23 Communication: Minutes of the April 6, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE))
6
City Council Meeting Minutes
04/6/2020
Possible Action:
Approve, and authorize the Interim City Administrator to execute the
following:
a) A temporary memorandum of agreement with the American
Federation of State, County, and Municipal Employees (AFSCME),
Local 101 regarding wages, hours and working conditions in
response to the COVID-19 pandemic and shelter in place orders
(copy attached).
b) A temporary memorandum of agreement with the Gilroy Management
Association regarding wages, hours and working conditions in
response to the COVID-19 pandemic and shelter in place orders
(copy attached).
c) A temporary memorandum of agreement with Gilroy Firefighters
IAFF, Local 2805 regarding wages, hours and working conditions in
response to the COVID-19 pandemic (copy attached).
d) A temporary memorandum of agreement with the Gilroy Police
Officers Association regarding wages, hours and working conditions
in response to the COVID-19 pandemic (copy attached).
e) A temporary policy memorandum with unrepresented employees in
each of the following groups in response to the COVID-19 pandemic
and shelter in place orders (copies attached):
1. Full-time Unrepresented Confidential Non-Exempt & Exempt
Employees
2. Full-time Unrepresented Council-Appointed Employees
3. Part-Time/Temporary/Seasonal Unrepresented Hourly & Exempt
Employees
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Cat Tucker, Council Member
AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar,
Tucker
D. Approval of an Employment Agreement for Interim City Administrator
Jimmy Forbis as Recommended by Council Sub-Committee Members Marie
Blankley, Dion Bracco and Mayor Roland Velasco
The item was presented by Mayor Velasco.
There were no public comments.
6.B
Packet Pg. 24 Communication: Minutes of the April 6, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE))
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City Council Meeting Minutes
04/6/2020
Possible Action:
Approve an employment agreement with Interim City Administrator Jimmy
Forbis setting forth the compensation, benefits, and terms associated with
his appointment, as recommended by Council sub-committee members
Marie Blankley, Dion Bracco and Mayor Roland Velasco.
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Marie Blankley, Council Member
AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar,
Tucker
XI. CITY ADMINISTRATOR'S REPORTS
Interim City Administrator Forbis spoke on the use of Zoom Meetings for the
Council meeting, and explained that Board and Commissions would begin to
meet using the software. He then spoke on addressing finances beginning with
the May Council meetings.
XII. CITY ATTORNEY'S REPORTS
City Attorney Faber explained that he would be following the City of San Jose
with regards to COVID 19 related items, and would report out to the Council.
XIII. CLOSED SESSION
There were no closed session items.
ADJOURNMENT
The Council adjourned at 8:27 p.m.
/s/ Shawna Freels, MMC
City Clerk
6.B
Packet Pg. 25 Communication: Minutes of the April 6, 2020 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE))
City of Gilroy
STAFF REPORT
Agenda Item Title: Appointment of One Member to the Building Board of Appeals With
a Term Ending December 31, 2023
Meeting Date: April 20, 2020
From: Jimmy Forbis, Interim City Administrator
Department: City Clerk
Submitted By: Shawna Freels
Prepared By: Suzanne Guzzetta
Suzanne Guzzetta
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Appoint Jesus Martinez to the Building Board of Appeals to a term ending December
31, 2023.
BACKGROUND
The Building Board of Appeals continued to have a seat vacant as of December
31, 2019, following the 13-week annual recruitment period. With an insufficient
number of applications submitted, the recruitment efforts for the Board were
extended through March, 2020. At this time one application has been submitted.
The Council is asked to consider the appointment of this applicant:
Building Board of Appeals – 1 seat
6.C
Packet Pg. 26
Applicant(s): Jesus Martinez
The application is included with this staff report.
Attachments:
1. BBoA - Martinez, Jesus
6.C
Packet Pg. 27
City of Gilroy Application for Board, Commission and Committee
Appointment
City of Gilroy Application for Board, Commission, and Committee Appointment
All Commission, Board and Committee applications are a public record.
First Name jesus
Last Name martinez jr
Board/Commission/Committee
of Interest
Building Board of Appeals
Are you a registered voter
within the City limits?
Yes
Physical Address 1
Physical Address 2 Field not completed.
Phone Number
E-mail Address
Alternate Phone Number Field not completed.
List your qualifications for this
appointment:
I have lived in Gilroy since 2004.
I purchased a home in Gilroy in May of 2019.
Gilroy has been Home for the last 16 years. I plan on
staying in this beautiful city for many more. Seeing the
town grow and develop over the years has given me
much interest in becoming more involved.
List any service to the
community including any prior
appointments.
None.
What are you goals while
serving on this
Board/Commission/Committee?
Attend all local meetings and vote on both minor and
major issues in the city. I want to make aware the issues
which will impact city sectors and programs.
Why are you the most qualified I am most qualified due to the love that I have for Gilroy.
6.C.a
Packet Pg. 28 Attachment: BBoA - Martinez, Jesus (2752 : Appointments to City Boards, Commissions and Committees)
to serve on this
Board/Commission/Committee?
I am also in the HVAC and Construction Trade as a
Union employee. I have studied, through a 5 year
apprenticeship program with my Union, and have
knowledge of both the service and maintenance of
commercial and residential buildings. I also have
knowledge of construction of both Residential and
Commercial buildings.
6.C.a
Packet Pg. 29 Attachment: BBoA - Martinez, Jesus (2752 : Appointments to City Boards, Commissions and Committees)
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of the Extension of the Exclusivity Agreement With the
Sharks Sports & Entertainment, LLC Through January 31, 2021 to
Fully Assess the Potential of Having the Sharks Organization
Operate a New Indoor Recreational Facility in Gilroy
Meeting Date: April 20, 2020
From: Jimmy Forbis, Interim City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Jimmy Forbis
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Approve an extension of the exclusivity agreement with the Sharks Sports &
Entertainment, LLC, through January 31, 2021, and authorize the Interim City
Administrator to execute the agreement extension.
DISCUSSION
In May of 2019, the City of Gilroy entered into an exclusivity agreement for the
possibility of a future partnership with a private firm, Sharks Sports & Entertainment,
LLC. The exclusivity agreement is set to expire in May 2020.
The exclusivity agreement extension would expire on January 31, 2021 and would give
both parties the opportunity to conduct further due diligence and proceed in talks.
6.D
Packet Pg. 30
Discussions during this preliminary period are non-binding and provide the opportunity
to fully assess the potential of the proposed facility in Gilroy.
ALTERNATIVES
Do not enter into an exclusivity agreement extension. This is not recommended as the
extension is necessary for the City to complete its due diligence.
FISCAL IMPACT/FUNDING SOURCE
None.
NEXT STEPS
City staff along with the Council subcommittee will continue to evaluate potential
business opportunities with the Sharks Sports and Entertainment, LLC.
Attachments:
1. First Amendment to Exclusive Negotiating Rights Agreement
6.D
Packet Pg. 31
1
FIRST AMENDMENT TO EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT
This First Amendment (“First Amendment”) to that certain Exclusive Negotiating Rights
Agreement (“Agreement”) dated as of May 6, 2019, is entered into as of this ___ day of
__________, 2020, by and between the City of Gilroy, a California municipal corporation
(“City”), and Sharks Sports & Entertainment LLC, a Delaware limited liability company
(“Sharks”). The City and the Sharks shall collectively be referred to herein as the “Parties” and
individually as a “Party.”
RECITALS
A. The City is the owner of certain real property located at 5925 Monterey Frontage
Road, in the City of Gilroy, County of Santa Clara, State of California, and commonly known as
the “Gilroy Sports Park.”
B. The City is considering developing an indoor entertainment and sports complex
(“Project”) on a portion of the Gilroy Sports Park.
C. The City has selected the Sharks to negotiate the terms for the operation of the
Project.
D. The purpose of the Agreement is to establish procedures and standards for the
negotiation by the City and the Sharks of an operating agreement (“OA”) pursuant to which the
Sharks will conduct specified operational activities related to the Project Site. As more fully set
forth in Section 3.1 of the Agreement, the Sharks acknowledge and agree that the Agreement in
itself does not grant the Sharks the right to operate the Project, nor does it obligate the City to
any activities or costs to develop the Project Site.
E. Due to the uncertainty and difficulty of conducting normal business due to the
corona virus pandemic and the shelter in place orders issued in March, 2020, by the County of
Santa Clara and the State of California, the Parties agree that is necessary and appropriate to
extend the Negotiating Period as defined in Section 1.2 of the Agreement until the end of
January, 2021. Section 1.2 of the Agreement specifically provides that the Negotiation Period
may be extended by written amendment to the Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein and for other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the City and the Sharks mutually agree as follows:
1. The Negotiating Period defined in Section 1.2 of the Agreement is hereby extended
through and including January 31, 2021.
6.D.a
Packet Pg. 32 Attachment: First Amendment to Exclusive Negotiating Rights Agreement (2745 : Exclusivity Agreement Extension)
2
2. In all other respects the Agreement remains in full force and effect unmodified by
this First Amendment. In case of conflict between this First Amendment and the
Agreement, the provisions of this First Amendment shall control
3. This First Amendment may be executed in counterparts, each of which shall be
deemed an original but all of which together shall constitute one and the same
agreement. Electronic signatures may be used to execute this First Amendment.
IN WITNESS WHEREOF, this First Amendment has been executed by the Parties effective
as of the date first above written.
SHARKS: CITY:
SHARKS SPORTS & ENTERTAINMENT LLC CITY OF GILROY
By: By:
Name: Name: Jimmy Forbis
Title: Title: Interim City Administrator
Date:
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
6.D.a
Packet Pg. 33 Attachment: First Amendment to Exclusive Negotiating Rights Agreement (2745 : Exclusivity Agreement Extension)
City of Gilroy
STAFF REPORT
Agenda Item Title: Acceptance of the City Fiscal Year 2018-19 Federal Single Audit for
the Reporting Period of July 1, 2018 to June 30, 2019
Meeting Date: April 20, 2020
From: Jimmy Forbis, Interim City Administrator
Department: Finance Department
Submitted By: Bryce Atkins
Prepared By: Bryce Atkins
Rosemary Guerrero
Strategic Plan Goals
Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Accept and file the City Fiscal Year 2018-19 Federal single audit for the reporting period
of July 1, 2018 to June 30, 2019.
EXECUTIVE SUMMARY
Council is requested to accept and file the Fiscal Year 2019 (FY19) Federal Single
Audit for the City for the reporting period July 1, 2018 to June 30, 2019.
BACKGROUND
The City’s financial records are audited annually by the City’s external auditors, White
6.E
Packet Pg. 34
Nelson Diehl Evans LLP performed the FY19 Federal Single Audit. All non-Federal
entities that expend $750,000 or more of Federal awards in a year are required to
obtain an annual audit to comply with both the Single Audit Act Requirements and
Office of Management and Budget (OMB) standards. The Single Audit has been
completed and the independent auditors have indicated that the City of Gilroy has
complied in all the material respects with the types of compliance requirements that
could have a direct and material effect on each of its major federal programs for the
year ended June 30, 2019.
ANALYSIS
The results of auditing procedures in the FY18 Single Audit disclosed two instances of
noncompliance, which are required to be reported in accordance with Uniform Guidance
and described in the schedule of findings and questioned costs 2018-001 and 2018-
002. The opinion on each major federal fund is not modified with respect to these FY18
findings. These findings were referenced in the FY19 Single Audit Report.
Recommendation 2018-001:
That the City charge salaries and wages to the Community Development Block Grant
(CDBG) Federal program based on actual hours worked instead of budgeted amounts.
FY18 Response - The City will direct Housing and Community Development (HCD) staff
and consultants for the current fiscal year and thereafter to charge actual hours worked
on CDBG activities. Compliance of submitting actual hours will fulfill the requirement
with the Uniform Guidance Subpart E, Cost Principles, Section 200.430.
FY19 Current Status- this finding has been corrected for FY19.
Recommendation 2018-002:
The City submit the Federal Financial Reports (SF-425) within 30 days at the end of the
quarter for the CDBG program.
FY18 Response - the City will direct staff to prepare and submit the SF-425 Federal
Financial Reports each quarter on a timely basis to comply with the reporting
requirements.
FY19 Current Status – this finding was not corrected. Three of the four SF-425 reports
for Fiscal Year 2018-2019 were not submitted timely. The new Community
Development Director will ensure that these reports are submitted in a timely manner.
FISCAL IMPACT/FUNDING SOURCE
There are no direct fiscal impacts to receiving and filing the FY19 Single Audit. The
audit provides Council with the assurance that the City is meeting its obligation for
producing fairly and accurate financial reports.
6.E
Packet Pg. 35
CONCLUSION
The preparation of this document is a collaborative effort and hard work between the
Finance Department and the Housing and Community Development Division. Under the
Uniform Guidance Subpart E, Cost Principles, Section 200.430 the CDBG Division has
implemented the recommendations from City’s auditors, White Nelson Diehl Evans LLP.
Attachments:
1. Single Audit FY19 Clearing House
6.E
Packet Pg. 36
CITY OF GILROY, CALIFORNIA
SINGLE AUDIT OF FEDERALLY ASSISTED
GRANT PROGRAMS
JUNE 30, 2019
6.E.a
Packet Pg. 37 Attachment: Single Audit FY19 Clearing House (2706 : Acceptance of FY19 Federal Single Audit)
CITY OF GILROY
TABLE OF CONTENTS
June 30, 2019
Page
Number
Independent Auditors’ Report on Internal Control over Financial
Reporting and on Compliance and Other Matters Based on an
Audit of Financial Statements Performed in Accordance with
Government Auditing Standards 1 - 2
Independent Auditors’ Report on Compliance for Each Major
Program and on Internal Control over Compliance Required
by the Uniform Guidance and on the Schedule of Expenditures
of Federal Awards 3 - 5
Schedule of Expenditures of Federal Awards and
Schedule of Findings and Questioned Costs:
Schedule of Expenditures of Federal Awards 6
Notes to Schedule of Expenditures of Federal Awards 7
Schedule of Findings and Questioned Costs 8 - 9
Summary Schedule of Prior Year Audit Findings 10 - 11
6.E.a
Packet Pg. 38 Attachment: Single Audit FY19 Clearing House (2706 : Acceptance of FY19 Federal Single Audit)
2875 Michelle Drive, Suite 300 | Irvine, California 92606 | WNDECPA.com | 714.978.1300
1
INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER
FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS
BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED
IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
Honorable City Council
of the City of Gilroy
Gilroy, California
We have audited, in accordance with the auditing standards generally accepted in the United States of
America and the standards applicable to financial audits contained in Government Auditing Standards
issued by the Comptroller General of the United States, the financial statements of the governmental
activities, the business-type activities, the discretely presented component unit, each major fund and
the aggregate remaining fund information of the City of Gilroy (the City) as of and for the year ended
June 30, 2019, and the related notes to the financial statements, which collectively comprise the City’s
basic financial statements, and have issued our report thereon dated December 26, 2019.
Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal
control over financial reporting (internal control) to determine the audit procedures that are appropriate
in the circumstances for the purpose of expressing our opinions on the financial statements, but not for
the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly,
we do not express an opinion on the effectiveness of the City’s internal control.
A deficiency in internal control exists when the design or operation of a control does not allow
management or employees, in the normal course of performing their assigned functions, to prevent, or
detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a
combination of deficiencies, in internal control, such that there is a reasonable possibility that a
material misstatement of the City’s financial statements will not be prevented, or detected and
corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in
internal control that is less severe than a material weakness, yet important enough to merit attention by
those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this
section and was not designed to identify all deficiencies in internal control that might be material
weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify
any deficiencies in internal control that we consider to be material weaknesses. However, material
weaknesses may exist that have not been identified.
6.E.a
Packet Pg. 39 Attachment: Single Audit FY19 Clearing House (2706 : Acceptance of FY19 Federal Single Audit)
2
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free from
material misstatement, we performed tests of its compliance with certain provisions of laws,
regulations, contracts and grant agreements, noncompliance with which could have a direct and
material effect on the determination of financial statement amounts. However, providing an opinion on
compliance with those provisions was not an objective of our audit, and accordingly, we do not express
such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that
are required to be reported under Government Auditing Standards.
Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and
compliance and the results of that testing, and not to provide an opinion on the effectiveness of the
City’s internal control or on compliance. This report is an integral part of an audit performed in
accordance with Government Auditing Standards in considering the City’s internal control and
compliance. Accordingly, this communication is not suitable for any other purpose.
Irvine, California
December 26, 2019
6.E.a
Packet Pg. 40 Attachment: Single Audit FY19 Clearing House (2706 : Acceptance of FY19 Federal Single Audit)
2875 Michelle Drive, Suite 300 | Irvine, California 92606 | WNDECPA.com | 714.978.1300
3
INDEPENDENT AUDITORS’ REPORT ON COMPLIANCE FOR
EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER
COMPLIANCE REQUIRED BY THE UNIFORM GUIDANCE AND ON
THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
Honorable City Council
of the City of Gilroy
Gilroy, California
Report on Compliance for Each Major Federal Program
We have audited the City of Gilroy’s (the City) compliance with the types of compliance requirements
described in the OMB Compliance Supplement that could have a direct and material effect on each of
the City’s major federal programs for the year ended June 30, 2019. The City’s major federal programs
are identified in the summary of auditors’ results section of the accompanying schedule of findings and
questioned costs.
Management’s Responsibility
Management is responsible for compliance with the federal statues, regulations, and the terms and
conditions of its federal awards applicable to its federal programs.
Auditors’ Responsibility
Our responsibility is to express an opinion on compliance for each of the City’s major federal programs
based on our audit of the types of compliance requirements referred to above. We conducted our audit
of compliance in accordance with auditing standards generally accepted in the United States of
America; the standards applicable to financial audits contained in Government Auditing Standards,
issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S.
Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards (Uniform Guidance). Those standards and the Uniform
Guidance require that we plan and perform the audit to obtain reasonable assurance about whether
noncompliance with the types of compliance requirements referred to above that could have a direct
and material effect on a major federal program occurred. An audit includes examining, on a test basis,
evidence about the City’s compliance with those requirements and performing such other procedures
as we considered necessary in the circumstances.
We believe that our audit provides a reasonable basis for our opinion on compliance for each major
federal program. However, our audit does not provide a legal determination of the City’s compliance.
6.E.a
Packet Pg. 41 Attachment: Single Audit FY19 Clearing House (2706 : Acceptance of FY19 Federal Single Audit)
4
Opinion on Each Major Federal Program
In our opinion, the City complied, in all material respects, with the types of compliance requirements
referred to above that could have a direct and material effect on each of its major federal programs for
the year ended June 30, 2019.
Report on Internal Control over Compliance
Management of the City is responsible for establishing and maintaining effective internal control over
compliance with the types of compliance requirements referred to above. In planning and performing
our audit of compliance, we considered the City’s internal control over compliance with the types of
compliance requirements that could have a direct and material effect on each major federal program to
determine the auditing procedures that are appropriate in the circumstances for the purpose of
expressing an opinion on compliance for each major federal program and to test and report on internal
control over compliance in accordance with the Uniform Guidance, but not for the purpose of
expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not
express an opinion on the effectiveness of the City’s internal control over compliance.
A deficiency in internal control over compliance exists when the design or operation of a control over
compliance does not allow management or employees, in the normal course of performing their
assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance
requirement of a federal program on a timely basis. A material weakness in internal control over
compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such
that there is a reasonable possibility that material noncompliance with a type of compliance
requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A
significant deficiency in internal control over compliance is a deficiency, or a combination of
deficiencies, in internal control over compliance with a type of compliance requirement of a federal
program that is less severe than a material weakness in internal control over compliance, yet important
enough to merit attention by those charged with governance.
Our consideration of internal control over compliance was for the limited purpose described in the first
paragraph of this section and was not designed to identify all deficiencies in internal control over
compliance that might be material weaknesses or significant deficiencies. We did not identify any
deficiencies in internal control over compliance that we consider to be material weaknesses. However,
material weaknesses may exist that have not been identified.
The purpose of this report on internal control over compliance is solely to describe the scope of our
testing of internal control over compliance and the results of that testing based on the requirements of
the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.
6.E.a
Packet Pg. 42 Attachment: Single Audit FY19 Clearing House (2706 : Acceptance of FY19 Federal Single Audit)
5
Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance
We have audited the financial statements of the governmental activities, the business-type activities,
the discretely presented component unit, each major fund, and the aggregate remaining fund
information of the City of Gilroy, as of and for the year ended June 30, 2019, and the related notes to
the financial statements, which collectively comprise the City’s basic financial statements. We issued
our report thereon dated December 26, 2019, which contained unmodified opinions on those financial
statements. Our audit was conducted for the purpose of forming opinions on the financial statements
that collectively comprise the basic financial statements. The accompanying schedule of expenditures
of federal awards is presented for purposes of additional analysis as required by the Uniform Guidance
and is not a required part of the basic financial statements. Such information is the responsibility of
management and was derived from and relates directly to the underlying accounting and other records
used to prepare the basic financial statements. The information has been subjected to the auditing
procedures applied in the audit of the financial statements and certain additional procedures, including
comparing and reconciling such information directly to the underlying accounting and other records
used to prepare the basic financial statements or to the basic financial statements themselves, and other
additional procedures in accordance with auditing standards generally accepted in the United States of
America. In our opinion, the schedule of expenditures of federal awards is fairly stated in all material
respects in relation to the basic financial statements as a whole.
Irvine, California
December 26, 2019
6.E.a
Packet Pg. 43 Attachment: Single Audit FY19 Clearing House (2706 : Acceptance of FY19 Federal Single Audit)
SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
AND
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
6.E.a
Packet Pg. 44 Attachment: Single Audit FY19 Clearing House (2706 : Acceptance of FY19 Federal Single Audit)
Catalog of
Federal
Domestic Grant
Assistance Identification Federal Payments to
Number Number Expenditures Subrecipients
U.S. Department of Housing and Urban Development
Direct Assistance:
Community Development Block Grant 14.218 B-18-MC-06-0048 283,836$ 148,900$
Program Income 15,626 -
Total U.S. Department of Housing
and Urban Development 299,462 148,900
U.S. Department of Justice
Direct Assistance:
Bulletproof Vest Partnership Program 16.607 Vest Grant #19 5,061 -
Vest Grant #20 926 -
Total U.S. Department of Justice 5,987 -
U.S. Department of Transportation
Passed-through the California Department of Transportation -
Highway Planning and Construction:
Monterey Road Rehab 20.205 STPL-5034 (027) 70,206
Ronan Channel Trail 20.205 RSTP-5034 (023) 867,088 -
Total U.S. Department of Transportation 937,294 -
National Highway Traffic Safety Administration (NHTSA)
Passed-through the California Office of Traffic and Safety:
Selective Traffic Enforcement Program 20.600/20.608 PT18051 22,178 -
Selective Traffic Enforcement Program 20.600/20.608 PT19043 47,592 -
Total National Highway Traffic Safety Administration 69,770 -
TOTAL EXPENDITURES OF FEDERAL AWARDS 1,312,513$ 148,900$
Grantor/Program Title
Federal Grantor/Pass - Through
CITY OF GILROY
SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
For the year ended June 30, 2019
See accompanying notes to schedule of expenditures of federal awards.
6
6.E.a
Packet Pg. 45 Attachment: Single Audit FY19 Clearing House (2706 : Acceptance of FY19 Federal Single Audit)
7
CITY OF GILROY
NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
For the year ended June 30, 2019
1. GENERAL
The accompanying Schedule of Expenditures of Federal Awards (the Schedule) includes the federal
award activity of the City of Gilroy (the City) under programs of the federal government as well as
federal financial assistance passed through other government agencies for the year ended
June 30, 2019. The information in this Schedule is presented in accordance with the requirements
of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the
Schedule presents only a selected portion of the operations of the City, it is not intended to and
does not present the financial statements of the City. The City’s reporting entity is defined in
Note 1 of the notes to the City’s financial statements.
2. BASIS OF ACCOUNTING
Expenditures reported on the Schedule are reported using the modified accrual basis of accounting
for governmental funds and the accrual basis for proprietary funds, which is described in Note 1 of
the notes to the City’s financial statements. Such expenditures are recognized following the cost
principles contained in the Uniform Guidance, wherein certain types of expenditures are not
allowable or are limited as to reimbursement.
3. INDIRECT COST RATE
The City has elected not to use the 10% de minimis indirect cost rate allowed under the Uniform
Guidance.
4. CONTINGENCIES
Under the terms of federal and state grants, additional audits may be requested by the grantor
agencies and certain costs may be questioned as not being appropriate expenditures under the terms
of the grants. Such audits could lead to a request for reimbursement to the grantor agencies.
6.E.a
Packet Pg. 46 Attachment: Single Audit FY19 Clearing House (2706 : Acceptance of FY19 Federal Single Audit)
8
CITY OF GILROY
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
For the year ended June 30, 2019
Summary of Auditors’ Results:
Financial Statements
Type of auditors’ report issued:
Unmodified
Internal control over financial reporting:
Material weakness identified? yes x no
Significant deficiency identified? yes x none reported
Noncompliance material to financial statements noted: yes x no
Federal Awards:
Internal control over major programs:
Material weakness identified? yes x no
Significant deficiency identified? yes x none reported
Type of auditors’ report issued on compliance for major programs:
Unmodified
Any audit findings disclosed that are required to be
reported in accordance with 2 CFR Section 200.516(a)? yes x no
Identification of major programs:
CFDA Number Name of Federal Program or Cluster
20.205 Highway Planning and Construction
Dollar threshold used to distinguish
between type A and type B programs: $ 750,000
Auditee qualified as low-risk auditee? yes x no
6.E.a
Packet Pg. 47 Attachment: Single Audit FY19 Clearing House (2706 : Acceptance of FY19 Federal Single Audit)
9
CITY OF GILROY
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
(CONTINUED)
For the year ended June 30, 2019
Findings Relating to Financial Statements:
None noted.
Findings and Questioned Costs Relating to Major Federal Awards:
None noted.
6.E.a
Packet Pg. 48 Attachment: Single Audit FY19 Clearing House (2706 : Acceptance of FY19 Federal Single Audit)
10
CITY OF GILROY
SUMMARY OF PRIOR YEAR FINDINGS
For the year ended June 30, 2019
Findings Relating to Financial Statements:
None noted.
Findings and Questioned Costs Relating to Major Federal Awards:
Finding Number 2018-001
Major Program
United States Department of Housing and Urban Development, Community Development Block
Grants - Entitlement Grant (CFDA 14.218), Grant Identification Number: B-17-MC-06-0048.
Condition
During our audit of salaries and wages charged to the grant, we noted that administrative charges for
employee’s salaries and wages were based on a budgeted percentage instead of actual hours. This issue
was noted for one salaried administrative employee’s time.
Recommendation
We recommend the City charges salaries and wages to Federal programs based on actual hours worked
by employees on each Federal program and maintain proper documentation of actual hours worked.
Current Status
This finding has been corrected.
Finding Number 2018-002
Major Program
United States Department of Housing and Urban Development, Community Development Block
Grants - Entitlement Grant (CFDA 14.218), Grant Identification Number: B-17-MC-06-0048.
Condition
Each of the four reports for the fiscal year ended June 30, 2018 were not submitted timely.
Recommendation
We recommend that the City reviews its processes to allow for reporting to take place in timely
manner.
6.E.a
Packet Pg. 49 Attachment: Single Audit FY19 Clearing House (2706 : Acceptance of FY19 Federal Single Audit)
11
CITY OF GILROY
SUMMARY OF PRIOR YEAR FINDINGS
(CONTINUED)
For the year ended June 30, 2019
Finding Number 2018-002 (Continued)
Current Status
This finding was not corrected. Three of the four SF-425 reports for the fiscal year 2018-2019 were not
submitted timely.
Reason for Reoccurring Finding
The Housing and Community Development (HCD) division of the Community Development
Department (CDD) has experienced a high turnover of employees and prolonged vacancies. This
staffing inconsistency has directly and significantly contributed in HCD failing to file required reports,
specifically SF-425 reports, in a timely manner.
Planned Corrective Action
These vacancies have been addressed by:
Filling key positions
Implementation of protocols to ensure adherence to established time frames
It is anticipated that HCD will meet all reporting deadlines from this point forward.
6.E.a
Packet Pg. 50 Attachment: Single Audit FY19 Clearing House (2706 : Acceptance of FY19 Federal Single Audit)
City of Gilroy
7351 Rosanna Street
Gilroy, California
95020-6197
Telephone (408) 846-0491
Facsimile (408) 846-0500
http://www.ci.gilroy.ca.us
CORRECTIVE ACTION PLAN
In Response to Findings Relating to the Financial Statements
and to the Schedule of Findings and Questioned Costs
Year Ended June 30, 2019
December 26, 2019
City of Gilroy respectfully submits the following corrective action plan for the year ended June
30, 2019.
Name and address of independent public account firm:
White Nelson Diehl Evans LLP
2875 Michelle Drive, Suite 300
Irvine, CA 92606
Audit Period: July 1, 2018 – June 30, 2019
The finding from the City of Gilroy schedule of findings and questioned costs are discussed
below. The findings are numbered consistently with the numbers assigned in the schedule.
FINDINGS – FEDERAL AWARDS PROGRAM AUDIT
United States Department of Housing and Urban Development
2018‐002 Community Development Block Grant – CFDA 14.218,
Grant ID #B‐17‐MC‐060048
Recommendation:
We recommend the City submit the Federal Financial Reports (SF‐425) within
30 days at the end of each quarter.
6.E.a
Packet Pg. 51 Attachment: Single Audit FY19 Clearing House (2706 : Acceptance of FY19 Federal Single Audit)
Action Taken:
The City will comply with the above condition and will be submitting the Federal
Financial Report (SF‐425) for the 1st quarter (July‐September 2019) and 2nd quarter
(October‐December 2019) of FY 20.
In the future the SF‐425 forms will be submitted on a timely basis.
For any questions regarding this plan, please contact Rosemary Guerrero at 408‐846‐0284.
Sincerely,
Rosemary Guerrero
Rosemary Guerrero
Finance Manager
6.E.a
Packet Pg. 52 Attachment: Single Audit FY19 Clearing House (2706 : Acceptance of FY19 Federal Single Audit)
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of a Purchasing Contract With Papé Machinery of Gilroy
in the Amount of $122,985 for the Purchase of a John Deere 310SL
Backhoe Under a Cooperative Purchasing Agreement with
Sourcewell, Formerly Known as National Joint Powers Alliance
(NJPA)
Meeting Date: April 20, 2020
From: Jimmy Forbis, Interim City Administrator
Department: Public Works Department
Submitted By: Girum Awoke
Prepared By: Girum Awoke
Jerry Salazar
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Approve a purchase contract with Papé Machinery of Gilroy in the amount of $122,985
for the purchase of a John Deere 310SL Backhoe, using the cooperative purchasing
agreement with Sourcewell formerly known as National Joint Powers Alliance (NJPA),
and authorize the Interim City Administrator to execute the contract and related
documents.
EXECUTIVE SUMMARY
7.A
Packet Pg. 53
The Water Section of the Public Works Department uses a backhoe for trenching and
lifting heavy objects. The current backhoe is 35 years old and has reached the end its
useful life. In November 2019, Fleet staff worked with Operations staff to find the best
replacement backhoe using the Cooperative Purchasing Agreement with Sourcewell,
formerly known as National Joint Powers Alliance (NJPA). John Deere was selected as
the best option for the City because of ease of operation, ergonomic cab, parts
availability, location of the dealer and warranty. The local John Deere dealer, Papé
Machinery of Gilroy, California provided the quote.
BACKGROUND
The current backhoe is 35 years old, and is no longer in compliance with Air Resources
Board off-road diesel engine emissions requirements. Since the backhoe has reached
the end its useful life, it requires extensive maintenance and repair. Instead of
continuing to repair the backhoe, Council approved it for replacement in the Fiscal Year
2020 Operating Budget.
ANALYSIS
The Fleet Section worked with Operations staff to identify the best replacement option
for the backhoe based on current and future operational considerations and arranged
demonstrations with equipment vendors. Staff compared factors such as ease of
operation, controls, ergonomics, safety and overall cost when making a selection. Other
factors such as parts availability, location of dealer and warranty were also considered.
Based on this research, staff recommends the purchase of the John Deere 310SL
Backhoe.
The John Deere 310SL Backhoe replaces a 35-year-old backhoe that has reached the
end of its operating useful life and requires extensive maintenance and repairs. The
new backhoe includes upgrades such as a clamping appendage on the bucket and
hydraulic coupler system that make it safer and more efficient to operate. The clamping
appendage pinches and holds large items securely while moving around the worksite.
The current backhoe lacks this appendage so the operator must balance large items on
the lip of the bucket while moving them across the worksite and into the dump truck or a
roll-off collection bin. The hydraulic coupler pin allows for the quick connection of the
different buckets the backhoe uses. Along with reducing the time for attaching and
disconnecting buckets and accessories, it is also an important safety feature for staff
because it doesn’t require manually positioning the bucket and hammering in
connection pins. Another significant benefit is that it requires only a single operator to
change a bucket resulting in improved efficiency.
The price of the new John Deere 310SL Backhoe is $122,984.63 based on a price
quote received from Papé Machinery located in Gilroy, California.
ALTERNATIVES
7.A
Packet Pg. 54
Council denies the purchase of the John Deere 310SL Backhoe. STAFF DOES NOT
RECOMMMEND THIS OPTION because the current equipment is far beyond its useful
life and requires extensive maintenance and repair, and does not comply with emission
standards.
FISCAL IMPACT/FUNDING SOURCE
The Public Works Department utilized the purchasing power of NJPA/ Sourcewell
contract # 032515-JDC as allowed by the City Council approximately two years ago.
The City has used NJPA/ Sourcewell in the past for purchasing vehicles and equipment
including the Sewer Vacuum truck (Vactor), Hydro Excavator, sweeper and other
smaller equipment. NJPA/ Sourcewell completed all of the required research,
advertising, and competitive processes aligned with the City of Gilroy’s purchasing
policy. The price for a new backhoe is $122,984.63. This is a competitive price available
to public agencies through the NJPA/ Sourcewell process.
The City’s fleet replacement budget for the Fiscal Year 2019-2020 includes $140,000
for the purchase of the Backhoe. Funding for the equipment is budgeted in the FY 2020
Fleet Fund, with funding provided by the Water Enterprise Fund.
NEXT STEPS
With Council’s approval, staff will move forward with the purchase of the John Deere
310SL Backhoe. John Deere requires a two-month lead-time for delivery to the City
and, once delivered, the equipment will be deployable in a week.
Attachments:
1. Acceptance and Award-John Deere-032515
2. 2020 310SL Updated 3-20-2020
7.A
Packet Pg. 55
7.A.a
Packet Pg. 56 Attachment: Acceptance and Award-John Deere-032515 (2635 : Purchase of one John Deere 310SL Backhoe)
7.A.a
Packet Pg. 57 Attachment: Acceptance and Award-John Deere-032515 (2635 : Purchase of one John Deere 310SL Backhoe)
Salesperson : X ______________Accepted By : X ______________
Confidential
Quote Summary
Prepared For:
CITY OF GILROY PUBLIC WORKS DEPT
JERRY SALAZAR7351 Rosanna StGilroy, CA 95020Business: 408-846-0287Mobile: 408-500-5625Jerry.Salazar@cityofgilroy.org
Prepared By:
TONY HUNHOFFPape Machinery, Inc.415 E 9th StreetGilroy, CA 95020Phone: 408-848-4150thunhoff@papemachinery.com
Quote Id:20560960
Expiration Date:30 June 2020
Equipment Summary Selling Price Qty Extended
JOHN DEERE 310SL BACKHOE
LOADER
$ 112,823.51 X 1 = $ 112,823.51
Equipment Total $ 112,823.51
Quote Summary
Equipment Total $ 112,823.51
CA Tire Recycling Fee $ 7.00
Doc Fee $ 0.00
Federal Excise Tax $ 0.00
Licensing Fee $ 0.00
Rental Services Fee $ 0.00
SubTotal $ 112,830.51
Sales Tax - (9.00%)$ 10,154.12
Est. Service Agreement Tax $ 0.00
Total $ 122,984.63
Down Payment (0.00)
Rental Applied (0.00)
Balance Due $ 122,984.63
FACTORY ORDER
NEW 2020 MODEL YEAR
Sourcewell (formerly NJPA) ContractNumber: 032515-JDC
7.A.b
Packet Pg. 58 Attachment: 2020 310SL Updated 3-20-2020 (2635 : Purchase of one John Deere 310SL Backhoe)
Selling Equipment
Quote Id: 20560960 Customer:CITY OF GILROY PUBLIC WORKS DEPT
Confidential
JOHN DEERE 310SL BACKHOE LOADER
Hours:
Stock Number:
Code Description Qty
0A70T 310SL BACKHOE LOADER 1
Standard Options - Per Unit
170C JDLink Ultimate 5 Year Subscription 1
1065 John Deere PowerTech Plus 4.5L (276
Cu. In.) Engine Meets Final Tier 4 and
Stage IV Emissions
1
2035 Cab 1
2401 English Decals with English Operator
and Safety Manuals
1
3065 Mechanical Front Wheel Drive (MFWD)
with Limited Slip Differential
1
4464 Galaxy 19.5L - 24 in. 12 PR Rear &
12.5/80-18 10PR Front
1
5285 Pilot Controls, Two Lever, with Pattern
Selection
1
5460 Rear Hydraulic Coupler for Pin-on
Buckets
1
5656 24" (610 mm) Wide, Heavy-Duty, 7.5
Cu. Ft. (0.21 Cu. M.) Capacity Bucket
1
6020 Extendible Dipperstick 1
6230 Auxiliary Hydraulic with One & Two
Way Flow (Hammer & Thumb/Swinger)
1
7080 Three-Function Loader Hydraulics,
Single Lever
1
7685 Wide Multipurpose Bucket 1
8455 750 Lb. (340 kg) Front Counterweight 1
8685 Dual Maintenance Free Batteries With
Disconnect and Jump Post
1
9045 Chrome Exhaust Extension 1
9060 Front View Mirror 1
9110 Ride Control 1
9116 LED Light Package 1
9140 Heavy-Duty Backhoe Bucket Cylinder 1
9210 Left Side Console Storage with Cup
Holders
1
9235 42 Inch Hydraulic Backhoe Thumb - 4
Tine
1
9505 Full MFWD Driveshaft Guard 1
9515 Diagnostic Oil Sampling Ports 1
List Price - $191,367.00Sourcewell Discount = 47%Discount = $89,942.49
$118,992.00
Unit Price per Code
Selling Price - $101,424.51
$10,028.00
$0.00
$13,243.00
$0.00
$0.00
$0.00
$2,594.00
$7,518.00
$1,370.00
$8,365.00
$4,582.00
$3,268.00
$7,593.00
$988.00
$544.00
$178.00
$82.00
$1,053.00
$273.00
$81.00
$428.00
$5,780.00
$207.00
$1,988.00
7.A.b
Packet Pg. 59 Attachment: 2020 310SL Updated 3-20-2020 (2635 : Purchase of one John Deere 310SL Backhoe)
Selling Equipment
Quote Id: 20560960 Customer:CITY OF GILROY PUBLIC WORKS DEPT
Confidential
9916 Radio, Bosch Premium Package 1
9920 Exterior Rear View Mirrors (2)1
9965 Seat, Cloth Air-Suspension 1
Dealer Attachments
Bucket Pins 1
AT437340 BKH Pin-on Bucket 18 In. (457 mm)
Heavy-Duty 5.1 Cu. Ft. (0.14 Cu. M.)
1
AT436333 BKH Pin-on Bucket 36 In. (914 mm)
Heavy-Duty 12.5 Cu. Ft. (0.35 Cu. M.)
1
AT313592 6 inch Amber Warning Light with LED
Beacon and Magnetic Roof Mounting
Kit
1
Other Charges
Freight 1
Service/Parts Manuals 1
Setup 1
Followup 1
Sourcewell Contract #1
$1,356.00
$343.00
$503.00
$72,375.00Standard Options Total
$4,874.00
$6,525.00
$800.00
$265.00
$1,345.00
$2,465.00
Factory Freight
Shop Manuals
Pre-Delivery, Fuel, DEF, Manuals
Orientation & Operator Training
102062 - City of Gilroy
7.A.b
Packet Pg. 60 Attachment: 2020 310SL Updated 3-20-2020 (2635 : Purchase of one John Deere 310SL Backhoe)
2-1700 E (3/11)
Init.
TERMS AND CONDITIONS OF SALE
TERMS AND CONDITIONS OF SALE: Sales Orders are based on
the terms and conditions stated herein. Unless otherwise provided on
the face hereof, offers are good for acceptance for a period of 30 days
from the date hereof. An order by the Buyer shall constitute an
acceptance of the terms and conditions herein proposed. If, and only
if, no offer of sale is issued by Seller, then the invoice shall be
deemed: an acceptance of the Buyer's order; a written confirmation;
and a final, complete, and exclusive written expression of the
agreement between Seller and Buyer. Buyer is hereby notified that
additional or different terms from those contained herein are
objectionable.
1. Taxes. Buyer shall pay all local, state, and federal taxes arising
from or related to any sale or lease to which this document relates,
except for taxes upon or measured by net income of Seller.
2. Delivery. Stated or promised delivery dates are estimates only
based upon Seller's best judgment and Seller shall not be responsible
for deliveries later than promised regardless of the cause. Delivery
periods are projected from the date of receipt of any order by Seller,
but if equipment to be furnished by Seller is to be manufactured
specifically to fill a particular order, delivery periods will be projected
from the date of Seller's receipt of complete manufacturing
information. If the furnishing of equipment on orders accepted by
Seller is hindered or prevented by public authority or by the existence
of war or other contingencies, including, but not limited to, shortage of
materials, fires, labor difficulties, accidents, delays in manufacture or
transportation, acts of God, embargoes, inability to ship, inability to
insure against war risks or substantially increased prices or freight
rates, or other causes beyond Seller's control, the obligation to fill or
complete such orders shall be excused by Seller's option.
3. Transportation and Claims. Prices quoted are net F.O.B. point
designated in writing by Seller. When no F.O.B. point is designated in
writing by Seller, prices for new equipment shall be deemed to be net
F.O.B. point of manufacture and prices for all other equipment shall be
deemed to be F.O.B. Seller's place of business at which the order for
the equipment is accepted. When transportation is allowed, the price
charged will be adjusted to reflect the lowest transportation rates in
effect at the time of shipment even though such rates may differ from
those quoted by Seller. Seller's responsibility for the equip ment shall
cease and all risk of loss shall become the Buyer's upon delivery of the
equipment to the first carrier for shipment to the Buyer or his
consignee, even though such delivery shall be made prior to the arrival
of the equipment at the F.O.B. point designated, and any and all
claims for shortages, deliveries, damages or non-delivery must be
made by the Buyer or his consignee to the carrier. Seller shall in no
event be responsible for shortages in shipments unless notice of such
shortage is given in writing to Seller within 15 days after receipt of
shipment.
4. Payment and Security. Buyer agrees to pay in full for the
equipment at time of delivery. Buyer agrees to pay the late charge on
any past due balance at the rate of 18% per annum. The signator
warrants that he/she has authority to execute this order on behalf of
any party for whom he/she signs, and that such party has the power to
enter into this agreement and perform its terms. As security for all of
Buyer's obligations to Seller, Buyer grants to Seller a security interest
in the equipment and authorizes Seller to file all documents necessary
to perfect Seller's security interest. The security interest granted
hereunder is in addition to any other rights available to Seller, and
Seller shall have all of the rights and remedies available to a secured
party under the Uniform Commercial Code, all of which are
cumulative. Throughout the duration of Seller's security interest. Buyer
shall keep the equipment fully insured against theft and loss or
damage by fire and other casualty as Seller may from time to time
require in accordance with such terms as Seller may require.
5. Buyer to Furnish. Performance by Seller is subject to the Buyer
furnishing a satisfactory credit rating certificate, letter of cre dit,
evidence of financing, or any other similar papers necessary for the
satisfactory completion of such order.
6. Laws Governing. All orders will be governed by the laws of the
State of Oregon.
7. Assignment. The right to any monies due or to become due
hereunder may be assigned by Seller, and Buyer, upon receiving
notice of such assignment, shall make payment as directed.
8. Limitations of Warranties. If "NEW" warranty is indicated on the
reverse side or if new equipment is purchased hereunder, all
warranties are strictly given only by the manufacturer. Copies of
manufacturer's warranty can be obtained from Seller. If "USED"
warranty is indicated on the reverse side. Seller hereby warrants to
Buyer that the equipment or components thereof designated on t he
reverse side, shall be free under normal use and service from
defects in material and workmanship for the period shown,
commencing on the date of delivery. Buyer's exclusive remedy for
breach of the limited warranty shall be the repair or replacement of
the warranted equipment without charge to Buyer when returned at
Buyer's expense to the Seller's facility where the equipment was
purchased, with proof of purchase. Buyer must give notice of any
warranty claim not later than 7 days after the expiration of the
warranty period and must return the equipment to Seller for repair or
replacement no later than 30 days after expiration of the warranty
period. Any action against Seller for breach of the limited warranty
must be commenced within one year after the date of delivery of the
equipment. Seller's warranty does not extend to any defect, claim, or
damage attributable to the failure to operate and/or maintain the
equipment in accordance with the manufacturer's specifications, or
due to the failure to operate or maintain the equipment in accordance
with any recommendations of Seller. If "AS IS" is indicated on the
reverse side, no warranty of any kind is being given and the
equipment is being sold with all faults. THE WARRANTIES IN THIS
PARAGRAPH AND ON THE REVERSE SIDE ARE THE
EXCLUSIVE WARRANTIES GIVEN BY SELLER AND SUPERSEDE
ANY PRIOR. CONTRARY, OR ADDITIONAL REPRESENTATIONS,
WHETHER ORAL OR WRITTEN. SELLER HEREBY DISCLAIMS
AND EXCLUDES ALL OTHER WARRANTIES, WHETHER
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES
OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE
OF TRADE. SELLER SHALL NOT BE LIABLE FOR ANY LOSS,
INJURY, OR DAMAGE TO PERSONS OR PROPERTY
RESULTING FROM THE FAILURE OR DEFECTIVE OPERATION
OF THE EQUIPMENT; NOR WILL SELLER BE LIABLE FOR
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND SUSTAINED FROM
ANY CAUSE. This exclusion applies regardless of whether such
damages are sought for breach of warranty, breach of contract,
negligence, or strict liability in tort or under any other legal theory.
9. Rental Purchase Option. If rental purchase option (RPO) is
granted in any addendum, the purchase price shall be tendered to
Seller coincidentally with the exercise of the purchase option
provided that Buyer is not then in default in performing all of the
terms and conditions of lease with Seller.
10. Notice. This paragraph shall serve as notice that The Papé
Group, Inc. has assigned its rights to sell its rental equipment (as
may be described in this sales order) and its rights to sales proceeds
(including "trade-in assets" related thereto) to North Star Deferred
Exchange as part of an IRC Sec. 1031 exchange.
11. Attorneys Fees. In the event suit or action is instituted against
Buyer on account of or in connection with or based upon the terms
hereof, the Buyer agrees to pay, in addition to the costs and
disbursements provided by law, such sum as the court may adjudge
reasonable attorney's fees in both the trial and appellate courts, or in
connection with any bankruptcy proceeding.
12. Entire Agreement. The foregoing and any addendum shall
constitute the complete and exclusive agreement between the
parties, and it is expressly understood and agreed that no promises,
provisions, terms, warranties, conditions, guarantees, or obligations
whatsoever, either expressed or implied, other than as herein set
forth or provided for shall be binding on either party. Each party may
transmit its signature by facsimile to the other party and such
facsimile signatures shall have the same force and effect as an
original signature.
7.A.b
Packet Pg. 61 Attachment: 2020 310SL Updated 3-20-2020 (2635 : Purchase of one John Deere 310SL Backhoe)
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of a Purchasing Contract With Papé Machinery of Gilroy
in the Amount of $151,410 for the Purchase of a John Deere 344L
Loader Through a Cooperative Purchasing Agreement with
Sourcewell, Formerly Known as National Joint Powers Alliance
(NJPA)
Meeting Date: April 20, 2020
From: Jimmy Forbis, Interim City Administrator
Department: Public Works Department
Submitted By: Girum Awoke
Prepared By: Girum Awoke
Jerry Salazar
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Approve a purchase contract with Papé Machinery of Gilroy in the amount of $151,410
for the purchase of a John Deere 344L loader using a cooperative purchasing
agreement with Sourcewell,,, formerly known as National Joint Powers Alliance
(NJPA), and authorize the Interim City Administrator to execute the contract and
associated documents.
EXECUTIVE SUMMARY
7.B
Packet Pg. 62
The Sewer and Streets Section of the Public Works Department uses a loader to load
excavated dirt, concrete debris, asphalt, base rock and soil into a dump truck or roll-off
collection bin. The current loader is 42 years old and has reached the end of its useful
life. In November 2019, Fleet staff worked with Operations staff to find the best
replacement loader using the Cooperative Purchasing Agreement with Sourcewell,
formerly known as National Joint Powers Alliance (NJPA). John Deere was selected as
the best option for the City because ease of operation, ergonomic cab, parts availability,
location of the dealer and warranty. The local John Deere dealer, Papé Machinery of
Gilroy, California provided the quote.
BACKGROUND
The current loader is 42 years old and is no longer in compliance with the Air Resources
Board off-road diesel engine emissions requirements. Since the vehicle has reached the
end of its useful life, it requires extensive maintenance and repair. Instead of continuing
to repair the loader, Council approved it for replacement in the Fiscal Year 2020
Operating Budget.
ANALYSIS
The Fleet Division worked with Operations staff to identify the best replacement option
for the loader based on current and future operational considerations and arranged
demonstrations with equipment vendors. Staff compared factors such as ease of
operation, controls, ergonomics, safety and overall cost when making a selection. Other
factors such as parts availability, location of dealer and warranty were also considered.
Based on this research, staff recommends the purchase of the John Deere 344L
Loader.
The John Deere 344L Loader replaces a 42-year-old loader that has reached the end of
its operating useful life, and requires extensive maintenance and repairs. The new
loader unit is equipped with many safety features not found on the old loader such as
windows surrounding the entire cab for increased visibility and side windows that open
which is essential for ventilation and communication with other staff. Additionally, the
loader unit operates with one cylinder instead of two, which provides a better line-of-
sight to the bucket when it is in use. In terms of usability, the loader offers several
ergonomic improvements including a larger cabin for easier movement within the cab
and levers on the armrests instead of attached to the floor.
The price of the new John Deere 344L Loader is $151,409.23 based on a price quote
received from Papé Machinery located in Gilroy, California.
ALTERNATIVES
Council can deny the purchase of the John Deere 344L Loader. STAFF DOES NOT
RECOMMMEND THIS OPTION because the current loader is far beyond its useful life,
requires extensive maintenance and repair, and does not comply with emission
standards.
7.B
Packet Pg. 63
FISCAL IMPACT/FUNDING SOURCE
The Public Works Department utilized the purchasing power of a NJPA/Sourcewell
contract #032515-JDC as allowed by the City Council approximately two years ago. The
City has used NJPA/Sourcewell in the past for purchasing vehicles and equipment
including the Sewer Vacuum Truck (Vactor), Hydro Excavator, sweeper and other
similar equipment. NJPA/Sourcewell completed all of the required research,
advertising, and competitive processes to certify potential vendors and products. The
price for a new loader is $151,409.23. This is a competitive price available to public
agencies through the NJPA/Sourcewell process.
The City’s fleet replacement budget for the Fiscal Year 2019-2020 includes $165,000
for the purchase of a replacement Loader. Funding for the equipment is budgeted in the
FY 2020 Fleet Fund.
NEXT STEPS
With Council’s approval, staff will move forward with the purchase of the John Deere
344L Loader. John Deere requires a two-month lead-time for delivery to the City and,
once delivered, the equipment will be deployable in a week.
Attachments:
1. Acceptance and Award-John Deere-032515
2. 2020 344L Updated 3-19-2020
7.B
Packet Pg. 64
7.B.a
Packet Pg. 65 Attachment: Acceptance and Award-John Deere-032515 (2623 : Purchase of one John Deere 344L Loader)
7.B.a
Packet Pg. 66 Attachment: Acceptance and Award-John Deere-032515 (2623 : Purchase of one John Deere 344L Loader)
Salesperson : X ______________Accepted By : X ______________
Confidential
Quote Summary
Prepared For:
CITY OF GILROY PUBLIC WORKS DEPT
JERRY SALAZAR7351 Rosanna StGilroy, CA 95020Business: 408-846-0287Mobile: 408-500-5625Jerry.Salazar@cityofgilroy.org
Prepared By:
TONY HUNHOFFPape Machinery, Inc.415 E 9th StreetGilroy, CA 95020Phone: 408-848-4150thunhoff@papemachinery.com
Quote Id:18872238
Expiration Date:30 June 2020
Equipment Summary Selling Price Qty Extended
NEW 2020 JOHN DEERE 344L
FOUR WHEEL DRIVE LOADER
$ 138,901.13 X 1 = $ 138,901.13
Equipment Total $ 138,901.13
Quote Summary
Equipment Total $ 138,901.13
CA Tire Recycling Fee $ 7.00
Doc Fee $ 0.00
Federal Excise Tax $ 0.00
Licensing Fee $ 0.00
Rental Services Fee $ 0.00
SubTotal $ 138,908.13
Sales Tax - (9.00%)$ 12,501.10
Est. Service Agreement Tax $ 0.00
Total $ 151,409.23
Down Payment (0.00)
Rental Applied (0.00)
Balance Due $ 151,409.23
Sourcewell (formerly NJPA) ContractNumber: 032515-JDC
Factory Order
7.B.b
Packet Pg. 67 Attachment: 2020 344L Updated 3-19-2020 (2623 : Purchase of one John Deere 344L Loader)
Selling Equipment
Quote Id: 18872238 Customer:CITY OF GILROY PUBLIC WORKS DEPT
Confidential
NEW 2020 JOHN DEERE 344L FOUR WHEEL DRIVE LOADER
Hours:
Stock Number:
Code Description Qty
0AH1T 344L FOUR WHEEL DRIVE LOADER 1
Standard Options - Per Unit
0924 Engine 1
2010 Standard Z-bar linkage 1
2230 Deluxe Cloth Seat, Air Suspension,
High-Back with Headrest, Heated, and
Lumbar
1
2410 Standard Control Package 1
2840 Three Function, Joystick w/FNR
Control
1
3010 Ride Control 1
4370 17.5R25 XHA2 Michelin L3 Single Star
Radial Tires
1
7140 Less Work Lights (LED Kit Ready)1
8550 Less Bucket 1
Dealer Attachments
Radio 1
Beacon 1
Install Radio 1
Install Beacon 1
Multi-Purpose / 4-in-1 Bucket 1
Installation of Bucket 1
Install LED Lights 1
MP Bucket Factory Freight 1
JD Link + Install 1
BYT10522 LED Worklight Kit (Spot)2
BYT10523 LED Worklight Kit (Flood)2
Other Charges
Freight 1
Service/Parts Manuals 1
Setup 1
N/A
TBD
List Price - $161,103.00Sourcewell Discount = 29%Discount = $46,719.87
Selling Price - $114,383.13
Unit Price per Code
$151,334.00
$0.00
$0.00
$2,306.00
$0.00
$3,540.00
$3,923.00
$0.00
$0.00
$0.00
Standard Option Total $9,769.00
$17,376.00
$7,142.00
Factory Freight
Pre-Delivery Inspection, Diesel Fuel, DEF, Operator & Safety Manuals.Orientation and Operator Training.
7.B.b
Packet Pg. 68 Attachment: 2020 344L Updated 3-19-2020 (2623 : Purchase of one John Deere 344L Loader)
City of Gilroy
STAFF REPORT
Agenda Item Title: Appointment to One Open Seat on the Planning Commission with a
Term Ending December 31, 2022
Meeting Date: April 20, 2020
From: Jimmy Forbis, Interim City Administrator
Department: City Clerk
Submitted By: Shawna Freels
Prepared By: Shawna Freels
Suzanne Guzzetta
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability Public Engagement
RECOMMENDATION
Appoint a member to the open seat on the Planning Commission with a term ending
December 31, 2022.
BACKGROUND
Planning Commissioner Amanda Rudeen has resigned from her seat effective March 3,
2020, leaving one open seat on the Commission with a term expiration of December 31,
2022. The City opened a four-week recruitment period to fill the vacancy, and has
received three applications.
At the close of the application period, the following applications have been received:
1. Reid Lerner
9.A
Packet Pg. 69
2. Omolade Opere
3. Andrew Ridley
CONCLUSION
The Council interviewed these three candidates at the opening of the April 20, 2020
meeting, and is now asked to make an appointment decision to fill this vacancy.
Attachments:
1. Planning - Lerner, Reid
2. Planning - Opere, Omolade
3. Planning - Ridley, Andrew
9.A
Packet Pg. 70
City of Gilroy Application
for Board, Committee and Commission Appointment
Board/Committee/Commission of Interest: Planning Commission
Name: Reid Lerner
Phone number(s): email address*:
Are you a registered voter within the City limits? Yes
Physical Address*:
List your qualifications for this appointment:
Licensed Architect / Certified Interior Designer / Environmental Planner.
BA degree in architecture and planning at the University of California Berkeley.
Working knowledge of Gilroy Zoning Ordinance, General Plan, and Area Specific Plans.
Working knowledge of Gilroy Housing & URM Building Policies.
Working knowledge of Gilroy engineering standards and design guidelines.
Received professional and governmental awards for land development planning, architecture,
and historic preservation.
List any service to the community including any prior appointments:
Past President of Gilroy Downtown Business Association
Founding Board Member of Gilroy Arts Alliance & Gilroy Center for the Arts
Chairman of Gilroy Housing Advisory Committee
What are your goals while serving on this Board/Commission/Committee?:
Verify proposed development and uses are compatible and beneficial to the City and public
safety.
Assure new development fits and enhances the existing fabric of the City.
Ensure proposed land development and uses are healthy and sustainable for the environment.
Protect Gilroy's natural resources and historic places.
Why are you the most qualified to serve on this Board/Commission/Committee?
I have knowledge of the current Gilroy housing and development policies and regulations.
As an architect, I have specific training, skills, and experience to understand and evaluate plans
and proposals.
I understand traffic studies, noise studies, CEQA, environmental impact reports (EIR),
subdivisions, road and infrastructure design, easements, and other planning issues.
All Commission, Board and Committee applications are a public record
Mail or email your application to: Shawna Freels, City Clerk
City of Gilroy
7351 Rosanna Street, Gilroy, CA 95020
shawna.freels@ci.gilroy.ca.us
The City of Gilroy accepts applications at any time and will keep them on file for one year.
12/2/2019 4:10:52 PM9.A.a
Packet Pg. 71 Attachment: Planning - Lerner, Reid (2748 : Planning Commission Interviews & Appointment)
City of Gilroy Application
for Board, Committee and Commission Appointment
Board/Committee/Commission of Interest: Planning Commission
Name: OMOLADE OPERE
Phone number(s): email address*:
Are you a registered voter within the City limits? Yes
Physical Address*:
List your qualifications for this appointment:
Project Manager
Logistics Coordinator
Supply Chain Planner
List any service to the community including any prior appointments:
What are your goals while serving on this Board/Commission/Committee?:
I would like to help improve how we plan and execute various goals and projects.
Why are you the most qualified to serve on this Board/Commission/Committee?
I am most qualified because I have a genuine interest in helping improve our city, by planning
things in an efficient and costly manner.
All Commission, Board and Committee applications are a public record
Mail or email your application to: Shawna Freels, City Clerk
City of Gilroy
7351 Rosanna Street, Gilroy, CA 95020
shawna.freels@ci.gilroy.ca.us
The City of Gilroy accepts applications at any time and will keep them on file for one year.
8/15/2019 8:44:02 PM9.A.b
Packet Pg. 72 Attachment: Planning - Opere, Omolade (2748 : Planning Commission Interviews & Appointment)
City of Gilroy Application for Board, Commission and Committee
Appointment
City of Gilroy Application for Board, Commission, and Committee Appointment
All Commission, Board and Committee applications are a public record.
First Name Andrew
Last Name Ridley
Board/Commission/Committee
of Interest
Planning Commission
Are you a registered voter
within the City limits?
Yes
Physical Address 1
Physical Address 2 Field not completed.
Phone Number
E-mail Address
Alternate Phone Number Field not completed.
List your qualifications for this
appointment:
I have been working in the transportation demand
management (TDM) field in the Bay Area for over eight
years, and currently serve as the Chief Operating Officer
at ALTRANS TMA, Inc., based in San Jose, CA. My
work has provided opportunity to work extensively on the
municipal level in Mountain View, Palo Alto, Milpitas, and
South San Francisco on a variety of public-facing
transportation initiatives. Beyond the planning portion of
the mentioned work, I also served an integral role in the
implementation and management of programs such as
the city-wide Mountain View Community Shuttle.
A normal part of the work I oversee is a result of our
clients’ development and planning process, such as
CEQA requirements, environmental impact reports and
their mitigation measures, entitlements, and conditions of
9.A.c
Packet Pg. 73 Attachment: Planning - Ridley, Andrew (2748 : Planning Commission Interviews & Appointment)
approval. In addition to a balanced view on planning in
general, I am bringing to the Gilroy Planning
Commission an experienced and thoughtful perspective
on the ever-relevant topic of planning for transportation
and transit.
List any service to the
community including any prior
appointments.
Director of Legislation, West Valley College Student
Senate
What are you goals while
serving on this
Board/Commission/Committee?
One goal is to personally be an asset in guiding and
shaping our community. By virtue of being a resident of
Gilroy, and since I am willing and able to serve, it’s
important that I do so. Having been a Santa Clara
County resident for over three decades, I’m also
invested in seeing the valley at large continue to thrive.
Good planning locally in Gilroy, a gateway to the county,
will lead to a dispersed, positive effect northward.
Another goal is to learn about the past and present
planning initiatives, to understand what has worked,
what hasn’t, and what is still needed. In time, and in
collaboration with other community stakeholders, I’d like
to help craft a well-planned future for Gilroy.
Working in TDM, my eye is attuned to spot needed
transportation, traffic, bike/ped, and related improvement
projects within Gilroy. With my experience regarding
conditions of approval, one of my goals is to craft
transportation related development conditions that are
win/win for developers and the City of Gilroy, it’s
residents and visitors.
Why are you the most qualified
to serve on this
Board/Commission/Committee?
My vocational experience in transportation demand
management will add a unique and important facet to the
makeup of the Planning Commission. Often, my planning
work for clients leads to implementation and operation of
those very plans. This has taught me that it’s not enough
to create policy and plans on paper, but to create
workable, sustainable plans that I would be able to
successfully carry out if called upon to do the work.
Having worked across every level of organizations, with
on-the-ground project coordinators to developers of
world-class business parks, I’ve gained invaluable
9.A.c
Packet Pg. 74 Attachment: Planning - Ridley, Andrew (2748 : Planning Commission Interviews & Appointment)
experience that will continue to serve me well in the
public sphere.
Finally, being a homeowner in Gilroy, and having the
vocational experience to effectively assist in its planning,
I’m excited to use my time and talents to give back to the
community I call home.
9.A.c
Packet Pg. 75 Attachment: Planning - Ridley, Andrew (2748 : Planning Commission Interviews & Appointment)
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of a Services Agreement with the County of Santa Clara
for the South County Youth Task Force and Adoption of a
Resolution Approving Budget Amendments in Fiscal Years 2019-20
and 2020-21 Adding $220,000 to the Gang Prevention and
Intervention Fund 227
Meeting Date: April 20, 2020
From: Jimmy Forbis, Interim City Administrator
Department: Police Department
Submitted By: Scot Smithee
Prepared By: Scot Smithee
Patricia Vigil
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
a) Approve a services agreement with the County of Santa Clara for the South
County Youth Task Force, and authorize the Interim City Administrator to
execute the agreement and related documents.
b) Adopt a resolution of the City Council of the City of Gilroy approving budget
amendments in Fiscal Years 2019-20 and 2020-21 in the Gang Prevention and
Intervention Fund 227.
EXECUTIVE SUMMARY
10.A
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Since Fiscal Year 2012-13, the South County Youth Task Force (SCYTF) has initiated
strategies, programs and services focused on reducing violence by, and against, youth
and their families in South Santa Clara County. Utilizing a multi-year Strategic Plan, the
SCYTF has traditionally secured funds from State and local sources to support the Task
Force programs and services. In Fiscal Year 2018-19 the SCYTF Policy Team
engaged in discussions to secure future funding at the local level to support the ongoing
efforts of the SCYTF. From those discussions, the County of Santa Clara, with support
from County Supervisor Mike Wasserman, has allocated multiple-year funding of
$360,000 to support SCYTF strategies, programs and services. The ongoing
coordination of the SCYTF is provided through a partnership between the City of Gilroy
and the County of Santa Clara. The City serves as the fiscal agent for the SCYTF and
the County of Santa Clara serves in a leadership capacity to help set policy direction
and seek funding for the SCYTF.
In order to receive the funding from the County to serve as the fiscal agent for the Task
Force, City Council approval is required to enter into an agreement with the County of
Santa Clara. The City Council is also asked to approve amendments to the Fiscal Year
2019-20 and Fiscal Year 2020-21 budgets to accept and appropriate these SCYTF
funds.
BACKGROUND
Since its inception in Fiscal Year 2012-13, the SCYTF has initiated strategies, programs
and services focused on preventing and reducing violence and gang activity, by, and
against, youth and their families in the South Santa Clara County Region, referred to as
“South County”, that encompasses the cities of Gilroy and Morgan Hill, and the
unincorporated areas of San Martin. Consisting of over 30 participating agencies, the
SCYTF has utilized a multi-year Strategic Plan as a guiding document to unite the
collective visions of the membership and to target priorities for deployment of services
and funding.
The current plan is titled “THRIVE; Transformation, Hope, Resiliency, Integrity, Voice
and Engagement” and covers the years 2017-2020. Utilizing the strategic plan, funding
and resources to support the SCYTF efforts have been secured from State and local
grant funds and individual cash contributions from key SCYTF agencies and/or in kind
services and contributions from the SCYTF membership. Since 2012, the City of Gilroy
has served as the lead coordinating agency for the SCYTF collaborative and serves as
both administrative and fiscal agent for the SCYTF. In 2019 to help carry the load, the
County of Santa Clara assumed shared coordination and leadership of the SCYTF with
the City remaining as the fiscal agent. As a result, all cash funding awards and
contributions continue to be accepted and administered by the City of Gilroy on behalf
of the SCYTF.
In Fiscal Year 2018-19 the SCYTF Policy Team engaged in discussions to secure future
funding at the local level to support the ongoing efforts of the SCYTF. From those
10.A
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discussions, the County of Santa Clara allocated multiple-year funding in the amount of
$360,000 to support SCYTF strategies, programs and services.
ANALYSIS
In its Fiscal Year 2019-20 adopted operating budget, the County of Santa Clara
allocated $360,000 to support the continuing efforts of the SCYTF. The funding was
assigned to the Santa Clara County District Attorney’s Office (DAO) for administration
and oversight. Consequently, the DAO has prepared an agreement and budget with the
City of Gilroy as co-coordinator and fiscal administrator of the SCYTF funds. The term
of the agreement will commence in May 2020 and terminate at the end of April 2022.
Funding will be appropriated to fund 227-1400-3781, Gang Prevention/Intervention and
allocated over Fiscal Years 2020, 2021, and 2022. The $360,000 funding will be
allocated as follows:
Fiscal Year 2019-20 $ 40,000
Fiscal Year 2020-21 $180,000
Fiscal Year 2021-22 $140,000
TOTAL $360,000
Any unexpended funds at the end of Fiscal Years 2019-20 and 2020-21 may be carried
over to the following fiscal year through a written request by the City and approval by
the DAO. The first two years of the funding within the county agreement requires
amendments to the approved Fiscal Year 2019-20 and Fiscal Year 2020-21 City
operating budget to accept and appropriate these funds. The remaining balance of
$140,000 in funding for Fiscal Year 2021-22 will be included in the Gilroy Police
Department budget recommendations during the Fiscal Year 2021-22 budget process.
Budget Amendment Recommendation for Fiscal Year 2019-20 and Fiscal Year 2020-
21:
Gang Prevention/Intervention Fund
Fund – 227
Department – 1400
Program – 3781
Fiscal Year 2019-2020 - $40,000
Account Budget Amount Title
4215 $40,000 Contractual Services
Total: $40,000
Fiscal Year 2020-2021 – $180,000
Account Budget Amount Title
4120 $ 30,000 P/T Wages
4215 $140,000 Contractual Services
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4221 $ 3,000 Office/Computer Supplies
4265 $ 5,000 Program Expenses
4320 $ 2,000 Equipment/Furniture
Total: $180,000
ALTERNATIVES
Reject authorization of the Interim City Administrator to execute the agreement and
approval of the budget amendment. This will result in not receiving $360,000 from the
County to serve as fiscal agent for the SCYTF. Ultimately, services to the residents of
the City of Gilroy and the greater south county region will be substantially reduced.
STAFF DOES NOT RECOMMEND THIS ALTERNATIVE.
FISCAL IMPACT/FUNDING SOURCE
If approved, funds from the County of Santa Clara will increase funding sources and
appropriations in the Fiscal Year 2019-20 and Fiscal Year 2020-21 operating budgets
by $40,000 and $180,000, respectively, in Fund 227.
The City of Gilroy’s contribution to the SCYTF is the full-time SCYTF Coordinator
position currently funded through the existing budget. There is no additional cost to the
City as a result of entering into the agreement.
Attachments:
1. SCYTF Service Agreement
2. Fund 227 Resolution FY20
10.A
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City of Gilroy
Office of the District Attorney 0202
Participate and collaborate in the South County Youth Task Force (SCYTF) and to
support the work of the SCYTF's programing and community-based agencies in and
effort to reduce juvenile delinquent behaviors, reduce recruitment of youth into gangs
and reduce youth violence in South Santa Clara County.
$360,000
5/1/2020 4/30/2022
0202 $180,000
0202 0.01
10.A.a
Packet Pg. 80 Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
Revision Date –
ʹͲʹͲ Page 2 of 14
SECTION II: PARTIES TO AGREEMENT
Legal notices and invoices pertaining to this Agreement shall be sent to the appropriate contact person
listed below, except as otherwise specifically provided for herein. Notices shall be in writing and served
either by personal delivery or sent by certified or registered mail, postage prepaid, addressed as follows.
Notice shall be deemed effective on the date that the notice is personally delivered or, if mailed, three (3)
days after deposit in the mail. Either party may designate a different person and/or address for the receipt
of notices by sending written notice to the other party, which shall not require an amendment to this
Agreement.
CONTRACTOR
Contractor Name:
(As Displayed in SAP)
Contact Person:
Street Address*:
City*: State: Zip:
Telephone Number*:
Email Address*:
SCC Vendor Number:
(As Assigned in SAP)
*To be completed for Independent Contractors Only – DO NOT COMPLETE FOR DEPENDENT CONTRACTORS
COUNTY OF SANTA CLARA
Agency/Department:
Program Manager/Contract
Monitor Name:
Street Address:
City: State: Zip:
Telephone Number:
Fiscal Contact:
(Accounts Payable Contact)
Contract Preparer:
City of Gilroy
Jason Smith, Captain Gilroy Police Department
7301 Hanna Street
Gilroy CA 95020
408-846-0312
Jason.smith@cityofgilroy.org
1002322
Office of the District Attorney
Bernice Aguilera, Program Manager II
17275 Butterfield Blvd. Suite A
Morgan Hill CA 95037
408-201-0552
Mei-Ching Hsiao
Sarah Scavio
10.A.a
Packet Pg. 81 Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
SECTION III: CONTRACT AUTHORIZATION
It is agreed between County and Contractor that Contractor will, for the compensation described in this
Agreement, perform the work described in Section V in accordance with all terms and conditions of this
Agreement including all exhibits and attachments. In addition, County and Contractor assert that the tax
withholding status and benefit documentation (Section IV) accurately reflect the anticipated working
relationship between County and Contractor. Further, Independent Contractors shall comply with the
County's insurance and indemnification requirements. Contractor certifies that any applicable insurance
waiver information (Section VII, B) is true and correct. This Agreement may be executed in one or more
counterparts, each of which will be considered an original, but all of which together will constitute one
and the same instrument.
SIGNATURES
Contract is not valid until signed by Contractor, CounSt Counsel and Coun|'s Authorized Representative.
County Agency/Department
Manager:
County Agency/Department
Fiscal 0fficer:
County Counsel Approval as to
Form and Legality
(signature required on all contracts beþre execution by Contractor and County Authorized Representatíve)
Contractor:
County Authorized
Representative:
(Procurement Department; Presidenl Board of Superísors; or Delegated AuthoriSt)
Office ofthe County Executive:
(Signature required when Board approved contract by a delegation ofauthoriQ)
Signed and certified that a copy of this
document has been delivered by
electronic or other means to the
President, Board of Supervisors.
Attest:
Megan Doyle
Clerk of the Board of Supervisors
(Signature required when Board approved contract)
Date
Date
Date:
Date:
Date:
Date:
Date:
Revision Date - January 2020 Page 3 of 14
10.A.a
Packet Pg. 82 Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
SECTION IV: DETERMINATION OF RETATIONSHIP STATUS
Dependent/lndependent status is an important relationship distinction. It determines the contractor's
eligibility for Medicare and Social Security, Public Employees' Retirement System benefits, and other
benefits and affects how the contractor files tax returns and the contractor's responsibility for various
federal and state taxes.
Questionnaire to be Completed by Contracting Department to Determine Relationship Status of Contractor
Supervision: Will the County have the right to tell the contractor how to do the worh when to arrive or leave
worþ or when to take breaks? Do you have other employees performing similar work with a similar degree No
of supervision? If the answer to any of these questions is YES, select YES from the dropdown.
Training: Will the County instruct the contractor on how to do the job or pay for external training? No
Incomplete Work: Will the Contractor be able to resign or terminate the contract without being held either
financially or legally liable for unfinished work?
Place of Work/Tools: Will the County provide the Contactor with a place to work at a County location and
tools to do the job, i.e. computers, telephones, etc.?
Length of Relationship: When the Contractor is hired to complete ongoing departmental duties or
functions- answer YES. When the contractor is hired to complete a specific project that was not the
regular tasks performed by County employees before- answer NO.
Other Customers: Does the County prevent the Contractor from performing similar services for other
customers, either due to the amount of work (full-timeJ, or by contractual provision?
Designation as Business Entity: Ifthe Contractor has a business license or business certificate, or is a
corporation, nonprofit organization, or school district, select "No" from the dropdown. (This does not
pertain to professional licenses or certificates such as a license for a physician or architect.)
Enter below the business license number and the city/entity where issued.
Bus. License #Issued by:
Payment Schedule: Will payments be made either as an hourly wage or as weekly/monthly salary? If
payment is by commission or based on project milestones or deliverables, answer "NO" to this question.
Be sure this answer matches the contract payment schedule in Section V.
Support Services: Will County employees or other independent contractors provide assistance to this
Contractor? Assistance is defined as clerical, technical or professional support.
If at least 5 of the above questions were answered "NO". Contractor is an Independent Contractor
If 5 or more ofthe above questions were answered "YES". Contractor is a Dependent Contractor,
where the relationship resembles that of employer/employee. Tax withholding is required. and benefits
are provided. Complete and attach the following forms: Employee's Withholding Allowance
Certificate-Federal Form W-4, State Withholding, Form DE-4, Determining PERS Eligibility and PERS
Member Action Request. Visit wwr¡¡.ceo for more information regarding Dependent Contractors. County
insurance requirements do not aonlv to Dependent Contractors.
Contractor understands and agrees that the tax withholding and benefit status checked above is correct. Any changes to the
contractor's tax withholding and benefit status require a new contract. Contractor is responsible for any penalties and
liabilities assessed by any taxing authority, based on a change oftax withholding and benefit status.
Contractor's Initials:Dept. Fiscal Officer's
Signature:
Yes
No
No
No
No
No
No
Revision Date - January 2020 Page 4 of 14
10.A.a
Packet Pg. 83 Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
COUNTY OF SANTA CTARA
SERVICE AGREEMENT
SECTION V: CONTRACT SPECIFICS
A. SERVICE DESCRIPTION AND EXPECTED OUTCOME (SCOPE OF SERVICE)
ø See Attachment: A incorporated bythis reference.
B. DETIVERABLES, MILESTONES &TIMELINE FOR PERFORMANCE
See Attachment: B
Or
0r
Revision Date - fanuary 2020
Incorporated by this reference.
Page 5 of 14
10.A.a
Packet Pg. 84 Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
C. PERFORMANCESTANDARDS
Or See Attachment: C
D. PAYMENTSCHEDUTE
Note: Dependent contractors are not permitted to work in
excess of40 hours per week
Or See Attachment: D
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
Incorporated by this reference.
Is contractor a Community Based Organization (CBO)?
Yes
NoI
{
Revision Date - January 2020
Incorporated by this reference.
Page 6 of L4
10.A.a
Packet Pg. 85 Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
SECTION VI: STANDARD PROVISIONS
Changes to the terms and conditions in this section require approval of County Counsel
A, ENTIREAGREEMENT
This Agreement and its Appendices (if any) constitutes the final, complete and exclusive statement of the terms of the
agreement between the parties. It incorporates and supersedes all the agreements, covenants and understandings
between the parties concerning the subject matter hereof and all such agreements, covenants and understandings have
been merged into this Agreement. No prior or contemporaneous agreement or understanding verbal or otherwise, of the
parties or their agents shall be valid or enforceable unless embodied in this Agreement.
B. AMENDMENTS
This agreement may only be amended by a written instrument signed by the Parties.
C. CONFLICTSOFINTEREST
Contractor shall comply, and require its subcontractors to comply, with all applicable (i) requirements governing
avoidance of impermissible client conflicts; and [ii) federal, state and local conflict of interest laws and regulations
including, without limitation, California Government Code section 1090 et. seq., the California Political Reform Act
(California Government Code section 87100 et. seq.J and the regulations of the Fair Political Practices Commission
concerning disclosure and disqualification (2 California Code ofRegulations section 18700 et. seq.J. Failure to do so
constitutes a material breach of this Agreement and is grounds for immediate termination of this Agreement by the
County.
In accepting this Agreement, Contractor covenants that it presently has no interest, and will not acquire any interest,
direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this
Agreement. Contractor further covenants that, in the performance of this Agreement, it will not employ any contractor
or person having such an interest. Contractor, including but not limited to contractor's employees and subcontractors,
may be subject to the disclosure and disqualification provisions of the California Political Reform Act of I97 4 fthe "Act"),
that (1) requires such persons to disclose economic interests that may foreseeably be materially affected by the work
performed under this Agreement, and (21 prohibits such persons from making or participating in making decisions that
will foreseeably financially affect such interests.
If the disclosure provisions ofthe Political Reform Act are applicable to any individual providing service under this
Agreement, Contractor shall, upon execution of this Agreement, provide the County with the names, description of
individual duties to be performed, and email addresses of all individuals, including but not limited to Contractor's
employees, agents and subcontractors, that could be substantively involved in "making a governmental decision" or
"serving in a staff capacity and in that capacity participating in making governmental decisions or performing duties
that would be performed by an individual in a designated position," [2 CCR 7870L(a-)(2)'), as part of Contractor's service
to the County under this Agreement. Contractor shall immediately notify the County of the names and email addresses
of any additional individuals later assigned to provide such service to the County under this Agreement in such a
capacity. Contractor shall immediately noti$r the County of the names of individuals working in such a capacity who,
during the course of the Agreement, end their service to the County.
Ifthe disclosure provisions ofthe Political Reform Act are applicable to any individual providing service under this
Agreement, Contractor shall ensure that all such individuals identified pursuant to this section understand that they are
subject to the Act and shall conform to all requirements of the Act and other laws and regulations listed in subsection (Al
including, as required, filing of Statements of Economic Interests within 30 days of commencing service pursuant to this
Agreement annually by April 1, and within 30 days of their termination of service pursuant to this Agreement.
D. GOVERNING tAW, VENUE
This Agreement has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of
the State of California. Proper venue for legal action regarding this Agreement shall be in the County of Santa Clara.
E. ASSIGNMENT
No assignment of this Agreement or of the rights and obligations hereunder shall be valid without the prior written
consent of the other party.
Revision Date - fanuary 2020 PageT ofL4
10.A.a
Packet Pg. 86 Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
COUNTY OF SANTA CTARA
SERVTCE AGREEMENT
F. ASSIGNMENT OF CLAYTON ACT, CARTWRIGHTACT CTAIMS
Contractor assigns to the County all rights, title, and interest in and to all causes ofaction it may have under Section 4 of
the Clayton Act (15 U.S.C. Sec. 15J or under the Cartwright Act [Chapter 2 (commencing with Section t6700) of Part 2 of
Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the
Contractor for sale to the County pursuant to this Agreement.
G. WAIVER
No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision
as to that or any other instance. Any waiver granted by a party shall be in writing and shall apply to the specific instance
expressly stated.
H. COMPLIANCE WITH ALL LAWS, INCLUDING NONDISCRIMINATION, EQUAT OPPORTUNITY, AND WAGE THEFT
PREVENTION
(1) Compliance with All Laws. Contractor shall comply with all applicable Federal, State, and local laws, regulations,
rules, and policies (collectively, "Laws"J, including but not limited to the non-discrimination, equal opportunity, and
wage and hour Laws referenced in the paragraphs below.
(2) Compliance with Non-Discrimination and Equal Opgortunitv Laws: Contractor shall comply with all applicable Laws
concerning nondiscrimination and equal opportunity in employment and contracting, including but not limited to the
following: Santa Clara County's policies for contractors on nondiscrimination and equal opportunity; Title VII of the
Civil Rights Act of 7964 as amended; Americans with Disabilities Act of 7990; the Age Discrimination in Employment
Actof 1967; the RehabilitationAct of 7973 (Sections 503 and 504); the Equal PayActof 1963; California Fair
Employment and Housing Act (Gov. Code 5 12900 et seq.); California Labor Code sections 7107,1702, and 7797.5;
and the Genetic Information Nondiscrimination Act of 2008. In addition to the foregoing, Contractor shall not
discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national
origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical
disability, medical condition, political belief, organizational affiliation, or marital status in the recruitment, selection
for training (including but not limited to apprenticeship), hiring employment assignmen! promotion, layoff, rates of
pay or other forms of compensation. Nor shall Contractor discriminate in the provision of services provided under this
contract because ofage, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual
orientation, mental disabilit¡ physical disability, medical condition, political beliefs, organizational affiliations, or
marital status.
(3) Compliance with Wage and Hour Laws: Contractor shall comply with all applicable wage and hour Laws, which
may include but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and, if
applicable, any local minimum wage, prevailing wage, or living wage Laws.
(41 Definitions: For purposes of this Subsection H, the following definitions shall apply. A "Final ludgment" shall mean a
judgment decision, determination, or order (a) which is issued by a court of law, an investigatory government agency
authorized by law to enforce an applicable Law, an arbiter, or arbitration panel and (b) for which all appeals have
been exhausted or the time period to appeal has expired. For pay equity Laws, relevant investigatory government
agencies include the federal Equal Employment Opportunity Commission, the California Division of Labor Standards
Enforcement, and the California Department of Fair Employment and Housing. Violation of a pay equity Law shall
mean unlawful discrimination in compensation on the basis of an individual's sex, gender, gender identity, gender
expression, sexual orientation, race, color, ethnicity, or nationaì origin under Title VII ofthe Civil Rights Act of L964 as
amended, the Equal Pay Act of 7963, California Fair Employment and Housing Act, or California Labor Code section
LL97.5, as applicable. For wage and hour Laws, relevant investigatory government agencies include the federal
Department of Labor, the California Division of Labor Standards Enforcement, and the City of San f ose's Office of
Equality Assurance.
[5J Prior ludgments. Decisions or Orders against Contractor: By signing this Agreement, Contractor affirms that it
has disclosed any final iudgments that (A) were issued in the five years prior to executing this Agreement by a
court, an investigatory government agency, arbitet or arbitration panel and (B) found that Contractor
violated an applicable wage and hour law or pay equity law. Contractor further affirms that it has satisfied
and complied with - or has reached Agreement with the County regarding the manner in which it will satisfy -
any such final iudgments.
Revision Date - |anuary 2020 Page I of 14
10.A.a
Packet Pg. 87 Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
(6) ViolationsofWageandHourLawsorPavEquitvLawsDuringTermofContract: Ifatanytimeduringthetermof
this Agreement, Contractor receives a Final f udgment rendered against it for violation of an applicable wage and
hour Law or pay equity Law, then Contractor shall promptly satisflz and comply with any such Final fudgment.
Contractor shall inform the Office of the County Executive-Office of Counrywide Contracting Management (OCCM) of
any relevant Final Judgment against it within 30 days of the Final ludgment becoming final or of learning of the Final
fudgment whichever is later. Contractor shall also provide any documentary evidence of compliance with the Final
Judgment within 5 days of satisfiiing the Final Judgment. Any notice required by this paragraph shall be addressed
to the Office of the County Executive-OCCM at 70 W. Hedding Street, East Wing, 11th Floor, San José, CA 95110.
Notice provisions in this paragraph are separate from any other notice provisions in this Agreement and,
accordingly, only notice provided to the Office of the County Executive-OCCM satisfies the notice requirements in
this paragraph.
(7) Access to Records Concerning Compliance with Pay Equity Laws: In addition to and notwithstanding any other
provision of this Agreement concerning access to Contractor's records, Contractor shall permit the County andf or
its authorized representatives to audit and review records related to compliance with applicable pay equity Laws.
Upon the County's request, Contractor shall provide the County with access to any and all facilities and records,
including but not limited to financial and employee records, that are related to the purpose of this Subsection H,
except where prohibited by federal or state laws, regulations or rules. County's access to such records and facilities
shall be permitted at any time during Contractor's normal business hours upon no less than 10 business days'
advance notice.
(81 Pay Equitv Notification: Contractor shall [1J at least once in the first year ofthis Agreement and annually thereafter,
provide each of its employees working in California and each person applying to Contractor for a job in California
(collectively, "Employees and fob Applicants") with an electronic or paper copy of all applicable pay equity Laws or
(2J throughout the term ofthis Agreemen! continuously post an electronic copy ofall applicable pay equity Laws in
conspicuous places accessible to all ofContractor's Employees and fobApplicants.
[9J Material Breach: Failure to comply with any part of this Subsection H shall constitute a material breach of this
Agreement. In the event of such a breach, the County may, in its discretion, exercise any or all remedies available
under this Agreement and at law. County may, among other things, take any or all of the following actions:
(Ð Suspend or terminate any or all parts of this Agreement.
tiÐ Withhold payment to Contractor until full satisfaction of a Final f udgment concerning violation of an
applicable wage and hour Law or pay equity Law.
(iii] Offer Contractor an opportunity to cure the breach.
(10) Subcontractors: Contractor shall impose all ofthe requirements set forth in this Subsection H on anysubcontractors
permitted to perform work under this Agreement. This includes ensuring that any subcontractor receiving a Final
f udgment for violation of an applicable Law promptly satisfies and complies with such Final f udgment.
I. TERMINATION
Standard Termination Language
The County may, by written notice to Contractor, terminate all or part of this Agreement at any time for the convenience of
the County. The notice shall specify the effective date and the scope of the termination. In the event of termination,
Contractor shall deliver to County all documents prepared pursuant to the Agreement, whether complete or incomplete.
Contractor may retain a copy for its records. Upon receipt ofthe documents, Contractor shall be compensated based on the
completion of services provided, as solely and reasonably determined by County.
-0R-
Alternate Termination Language Attached as Exhibit
(Requires County Counsel Approval)
incorporated by this reference
l. BUDGETCONTTNGENCY
This Agreement is contingent upon the appropriation of sufficient funding by the County for the services covered
by this Agreement. lf funding is reduced or deleted by the County for the services covered by this Agreement, the
County has the option to either terminate this Agreement with no liability occurring to the County or to offer an
amendment to this Agreement indicating the reduced amount.
{
Revision Date - fanuary 2020 Page 9 of 14
10.A.a
Packet Pg. 88 Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
COUNTY OF SANTA CTARA
SERVICE AGREEMENT
K. COUNTY NO.SMOKING POLICY
Contractor and its employees, agents and subcontractors, shall comply with the County's No-Smoking Policy, as set
forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits
smoking: (1) at the Santa Clara Valley Medical Center Campus and all County-owned and operated health facilities,
(2) within 30 feet surrounding County-owned buildings and leased buildings where the County is the sole occupant,
and [3] in all Countyvehicles.
L. FOODANDBEVERAGESSTANDARDS
Except in the event of an emergency or medical necessity, the following nutritional standards shall apply to any foods
and/or beverages purchased by Contractor with County funds for County-sponsored meetings or events.
Iffood is to be provided, healthier food options shall be offered. "Healthier food options" include [1J fruits, vegetables,
whole grains, and low fat and low calorie foods; [2) minimally processed foods without added sugar and with low
sodium; (3) foods prepared using healthy cooking techniques; and (4) foods with less than 0.5 grams of trans fat per
serving. Whenever possible, Contractor shall (1J offer seasonal and local produce; (2J serve fruit instead ofsugary, high
calorie desserts; (3J attempt to accommodate special, dietary and cultural needs; and (4) post nutritional information
and/ or a list of ingredients for items served. If meals are to be provided, a vegetarian option shall be provided, and the
Contractor should consider providing a vegan option.
Ifpre-packaged snack foods are provided, the items shall contain: (1J no more than 35% ofcalories from fat, unless the
snack food items consist solely ofnuts or seeds; (2) no more than 10% ofcalories from saturate¿ fat; (3) zero trans-fat;
(4) no more than 35% of total weight from sugar and caloric sweeteners, except for fruits and vegetables with no added
sweeteners or fats; and (5J no more than 360 mg of sodium perserving.
If beverages are to be provided, beverages that meet the County's nutritional criteria are (1J water with no caloric
sweeteners; (2) unsweetened coffee or tea, provided that sugar and sugar substitutes may be provided as condiments;
(3) unsweetened, unflavored, reduced fat (either nonfat or 170 low fat) dairy milk; (al plant-derived milk [e.9., soy milþ
rice milk, and almond milk) with no more than 130 calories per 8 ounce serving; (5) 100% fruit or vegetable juice
(limited to a maximum of 8 ounces per container); and (61 other low-calorie beverages [including tea and/or diet soda)
that do not exceed 40 calories per 8 ounce serving. Sugar-sweetened beverages shall not be provided.
M. CONTRACTING PRINCIPLES
All entities that contract with the County to provide services where the contract value is $100,000 or more per budget
unit per fiscal year and/or as otherwise directed by the Board, shall be fiscally responsible entities and shall treat their
employees fairly. To ensure compliance with these contracting principles, all contractors shall: [1J comply with all
applicable federal, state and local rules, regulations and laws; (2J maintain financial records, and make those records
available upon request; (3) provide to the County copies of any financial audits that have been completed during the
term ofthe contract; [4) upon the County's request, provide the County reasonable access, through representatives of
the Contractor, to facilities, financial and employee records that are related to the purpose ofthe contract, except where
prohibited by federal or state laws,
regulations or rules.
N. CATIFORNIA PUBLIC RECORDS ACT
The County is a public agency subject to the disclosure requirements of the California Public Records Act ("CPRA"). If
Contractor's proprietary information is contained in documents or information submitted to County, and Contractor
claims that such information falls within one or more CPRA exemptions, Contractor must clearly mark such information
"C0NFIDENTIAL AND PROPRIETARY," and identify the specific lines containing the information. In the event of a
request for such information, the County will make best efforts to provide notice to Contractor prior to such disclosure.
If Contractor contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to
obtain a protective order, injunctive reliefor other appropriate remedy from a court oflaw in Santa Clara County before
the County is required to respond to the CPRA request. If Contractor fails to obtain such remedy within the time the
County is required to respond to the CPRA request, County may disclose the requested information.
Contractor further agrees that it shall defend, indemnify and hold County harmless against any claim, action or
litigation (including but not limited to all judgments, costs, fees, and attorney's fees) that may result from denial by
County ofa CPRA request for information arising from any representation, or any action (or inaction), by the
Contractor.
Revision Date - fanuary 2020 Page 10 of 14
10.A.a
Packet Pg. 89 Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
O. THIRD PARTY BENEFICIARIES
This agreement does not and is not intended to, confer any rights or remedies upon any person or entity other than the
parties.
P, INTETLECTUATPROPERTYRIGHTS
Ownership: County shall own all right, title and interest in and to the Deliverables. For purposes of this Agreemen! the
term "Deliverables" shall mean any documentation and deliverables created by Contractor during the performance of
services that are identified in this Agreement. Contractor hereby assigns to the County all rights, title and interest in and
to any and all intellectual property whether or not patentable or registrable under patent, copyright, trademark or
similar statutes, made or conceived or reduced to practice or learned by Contractor, either alone or jointly with others,
during the period of Contractor's agreement with the County or result from the use of premises leased, owned or
contracted for by the County.
Contractor acknowledges that all original works of authorship which are made by Contractor (either solely or jointly
with others) within the scope of this Agreement and which are protectable by copyright are "works made for hire," as
that term is defined in the United States Copyright Act (17 U.S.C. Section 101J, and shall belong solely to County.
Contractor agrees that the County will be the copyright owner in all copyrightable works of every kind and description
created or delivered by Contractor, either solely or jointly with others, in connection with any agreement with the
County.
A. INTELLECTUALPROPERTYINDEMNITY
Contractor represents and warrants for the benefit ofthe County and its users that, to its knowledge, as ofthe effective
date of this Agreement Contractor is the exclusive owner of all rights, title and interest in the Deliverables and/or
services provided pursuant to this Agreement. Contractor shall defend, indemniSr and hold the County harmless
against any claim, action or litigation (including but not limited to all judgments, costs, fees, and reasonable attorney's
fees) by a third party alleging the Deliverables and/or services provided pursuantto this Agreement infringe upon any
intellectual property rights of third parties. This indemnity and duty to defend is in addition to and does not supersede
the requirements stated in VII of this agreement.
R. OWNERSHIP RTGHTS TO MATERIALS/RESTRICTTONS ON USE
All materials obtained, developed or prepared by Contractor in the course of performing services hereunder, including
but not limited to videotapes, audio recordings, still photographs, ads or brochures, and the derivative works, patent,
copyright, trademark, trade secret or other proprietary rights associated therewith (collectively "Deliverables"), shall
be the sole and exclusive property of the County. To the extent Contractor owns or claims ownership rights to said
Deliverables, Contractor hereby expressly assigns all said rights, title, and interest in and to the Deliverables to the
County pursuant to the terms and conditions of this Agreement and at no additional cost. The County has the exclusive
royalty-free irrevocable right to duplicate, publish or otherwise use for any purpose, all materials prepared under this
Agreement. If Contractor wishes to use the materials prepared hereunder for any purpose including but not limited to
promotional, educational or commercial purposes, the Contractor shall obtain prior written authorization from the
Count¡ which consent may be withheld by the County in its sole discretion. Contractor acknowledges that all original
works of authorship which are made by Contractor (solely or jointly with others) within the scope of this Agreement
and which are protectable by copyright are "works made for hire," as that term is defined in the United States Copyright
Act (77 U.S.C., Section 101J, and shall belong solely to County. Contractor agrees that the County will be the copyright
owner in all copyrightable works of every kind and description created or developed by Contractor, solely or jointly
with others, in connection with any agreement with the County. If requested to, and at no further expense to the County,
Contractor will execute in writing any acknowledgments or assignments of copyright ownership of such copyrightable
works as may be appropriate for preservation of the worldwide ownership in the County and its nominees of such
copyrights. This section shall apply to the extent not otherwise provided under this agreement.
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COUNTY OF SANTA CLARA
SERVICE AGREEMENT
S. COUNTYDATA
(1) Definitions: "County Data" shall mean data and information received by Contractor from County. County Data
includes any information or data that is transported across a County network, or that resides in a County-owned
information system, or on a network or system under the control and management of a contractor for use by County.
"County Confidential Information" shall include all material, non-public information (including material, non-public
County Data) appearing in any form (including, without limitation, written, oral or displayed), that is disclosed, directly
or indirectly, through any means of communication by County, its agents or employees, to Contractor, its agents or
employees, or any of its affiliates or representatives.
(2) Contractor shall not acquire any ownership interest in County Data fincluding County Confidential InformationJ. As
between Contractor and County, all County Confidential Information and/or County Data shall remain the property of the
County. Contractor shall not, without County's written permission, use or disclose County Data (including County
Confidential Informationl other than in the performance of its obligations under this Agreement.
(31 Contractor shall be responsible for establishing and maintaining an information security program that is designed to
ensure the security and confidentiality of County Data, protect against any anticipated threats or hazards to the security
or integrity ofCounty Data, and protect against unauthorized access to or use ofCounty Data that could result in
substantial harm or inconvenience to County or any end users. Upon termination or expiration ofthis Agreement,
Contractor shall seek and follow County's direction regarding the proper disposition of County Data.
(41 Contractor shall take appropriate action to address any incident of unauthorized access to County Data, including
addressing andf or remedying the issue that resulted in such unauthorized access, and notifiring County by phone or in
writing within 24 hours of any incident of unauthorized access to County Data, or any other breach in Contractor's
security that materially affects County or end users. If the initial notification is by phone, Contractor shall provide a
written notice within 5 days of the incident. Contractor shall be responsible for ensuring compliance by its officers,
employees, agents, and subcontractors with the confidentiality, privacy, and information security requirements of this
Agreement. Should County Confidential Information and/or legally protected County Data be divulged to unauthorized
third parties, Contractor shall comply with all applicable federal and state laws and regulations, including but not limited
to California Civil Code sections 1798.29 and1-798.82 at Contractor's sole expense. Contractor shall not charge County
for any expenses associated with Contractor's compliance with these obligations.
[5) Contractor shall defend, indemnifir and hold County harmless against any claim, liability, loss, injury or damage
arising out of or in connection with, the unauthorized use, access, andf or disclosure of information by Contractor and/or
its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful
misconduct ofpersonnel employed by the County.
T. PAYMENT TERM [NoT APPLICABLE To CoMMUNITY BASED oRGANIZATIoNS - Describe payrnent terms for cBo's in Section v.
(D) PAYMENT SCHEDULEI
The parties agree that the payment term shall be the term selected below and payment shall be due in accordance with the
selected payment term. For example, if Contractor selects 2.25o/o L0 Net 45 as the payment term, payment shall be due 10
days from the date the County approves the invoice, instead of 45 days, and the County shall take a discou nt of 2.25o/o of
the total amount of the invoice. Payment is deemed to have been made on the date the County mails the warrant or
initiates the electronic fund transfer.
T* 2.250/o 70 Net 45 (provides 3 5 days of cash accelerationl
f 2.00o/o 75 Net 45 [provides 30 days of cash acceleration)
T* 1.75o/o 20 Net 45 (provides 2 5 days of cash acceleration)
T- 7.33o/o 25 Net 45 (provides 2 0 days of cash acceleration)
T* 1.00% 30 Net 45 [provides 15 days ofcash acceleration]
ff Net45 (full payment)
Note: Payment term will default to "Net a5 (full payment)", if no other term was selected.
Notwithstanding the option selected above, the parties agree that at any time during the contract term, either party may
initiate an early payment discount on an invoice-by-invoice basis utilizing the Dynamic Discounting functionality of the
Ariba Network. Contractor must have a registered account on the Ariba Network to utilize this functionality.
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COUNTY OF SANTA CLARA
SERVTCE AGREEMENT
U. CONTRACTEXECUTION
Unless otherwise prohibited by law or County 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 contracC' means a contract that is executed by applying an electronic signature using technology approved by
the County.
v. LrvrNG WAGE ITFAPPTTCABTE)
Unless otherwise exempted or prohibited by law or County policy, where applicable, Contractors that contract with the
County to provide Direct Services developed pursuant to a formal Request for Proposals process, as defined in County
of Santa Clara Ordinance Code Division 836 ("Division 836") and Board Policy section 5.5.5.5 ("Living Wage Policy"),
and their subcontractors, where the contract value is $100,000 or more ("Direct Services Contract"), must comply with
Division 836 and the Living Wage Policy and compensate their employees in accordance with Division 836 and the
Living Wage Policy. Compliance and compensation for purposes of this provision includes, but is not limited to,
components relating to fair compensation, earned sick leave, paid jury duty, fair workweeh worker retention, fair
chance hiring, targeted hiring, local hiring, protection from retaliation, and labor peace. IfContractor and/or a
subcontractor violates this provision, the Board of Supervisors or its designee may, at its sole discretion, take
responsive actions including, but not limited to, the following:
[a) Suspend, modifu, or terminate the Direct Services Contract.(b) Require the Contractor and/or Subcontractor to comply with an appropriate remediation plan developed
bythe County.
(c) Waive all or part of Division 836 or the Living Wage Policy.
This provision shall not be construed to limit an employee's rights to bring any legal action for violation of the
employee's rights under Division 836 or any other applicable law. Further, this provision does not confer any rights
upon any person or entity other than the Board of Supervisors or its designee to bring any action seeking the
cancellation or suspension ofa County contract. By entering into this contract, Contractor certifies that it is currently
complying with Division 836 and the Living Wage Policy with respect to applicable contracts and warrants that it will
continue to comply with Division 836 and the Living Wage Policy with respect to applicable contracts.
SECTION VII: INSURANCE/INDEMNIFICATION
Independent Contractors shall comply with the County's insurance and indemnification requirements as
indicated below. These requirements do not apply to Dependent contractors.
A. TYPE OF INSURANCE LANGUAGE
The following standard insurance and indemnification language is attached and incorporated into this
agreement:
Insurance Exhibit Name: B-2 Standard Service Contracts Above $100,000
Modification or Waiver Attached (if appropriateJI
/
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COUNTY OF SANTA CLARA
SERVICE AGREEMENT
B. DETERMINATION OF INSURANCE REQUIREMENTS AND WAIVER DECLARATION
Workers Compensation:
Does the contractor have employees?
If "YES", then, WORKER'S COMPENSATI0N/EMPLOYER'S LIABILITY INSURANCE IS REQUIRED.
Owned Auto Insurance:
Will the contractor use any owned autos in the provision of direct services, such as transporting
clients in autos or operating autos in performance of the work itselfl.)
If "YES", then INSURANCE FOR OWNED AUTOS IS REQUIRED.
Hired Auto lnsurance:
Will the contractor use any hired autos in the provision of direct services, such as transporting
clients in autos or operating autos in performance of the work itself?
If "YES", then INSURANCE FOR HIRED AUTOS IS REQUIRED.
Non-owned Auto Insurance
Will the contractor be using any non-owned autos in the provision of direct services, such as
transporting clients in non-owned autos or operating non-owned autos in performance of the
work itselP
If "YES" then, INSURANCE FOR NON-OWNED AUTOS IS REQUIRED.
Yes
Yes
No
No
When "NO" ís checked, this declaration will serve as a waiver for the specified Ape of insurance.
SECTION VIII: FEDERAL/STATE REQUIRED PROVISIONS
(Examples include Drug-free Workplace Activity, Health Insurance Portability and Accountability Act (HIPAA),
Business Associate Language, etc.)
A. Federal Required Language Attached
Only add special language if services included in the contract require language different from or in addition to
that in Section VI.
Exhibit Name¡
B. State Required Language Attached
Only add special language if services included in the contract require language different from or in addition to
that in Section VI.
Exhibit Name:
The Exhibits named above are attached and incorporated by this reference.
SECTION IX: ADDITIONAL ATTACHED EXHIBITIS)
Attachments and exhibits that conflict with County standard provisions or require risk assessment must be approved by
County Counsel. Examples ofattachments that require County Counsel approval are:
1) Contractor's terms and conditions that are different than, or add to the standard provisions' language,
2) Any changes to the language in Section Vl-Standard Provisions.
Exceptions to County Counsel review include attachments that further explain the Contract Specifics as outlined in Section V,
and insurance exhibits.
Exhibit Name (s)
The Exhibits named above are attached and incorporated by this reference.
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Attachment A
Service Description and Expected Outcome (Scope of Service)
A. Service Description and Expected Outcome (Scope of Services)
This Agreement is between the County of Santa Clara (“County” or “District Attorney’s Office
(DAO)”) and the City of Gilroy (“Contractor”), relating to providing funding to support the
work of the South County Youth Task Force (the “SCYTF”). The SCYTF is a collaborative of
many city, county, educational, community-based and faith-based organizations that seeks to
reduce juvenile delinquent behaviors, recruitment of youth into gangs, and youth violence in
South Santa Clara County. The DAO office will assume the role as the lead agency, helping
with setting policy direction and seeking funding for the SCYTF and the City of Gilroy will
assume the responsibilities for staffing, coordination and serve as the fiscal agency of the
SCYTF, in agreement with the SCYTF Policy Team.
1. Contractor’s Responsibilities:
a. Hire a .5 FTE Office Assistant 1 that will support the SCYTF for a minimum of 25
hours per week. This position will help with communication strategies, update the
SCYTF Website and other administrative support functions.
For the Office Assistant 1, the actual cost of salary and benefits per hour is $25.11
with an annual salary, benefits and indirect costs totaling between $28,297 -
$35,581.
b. Coordinating and providing services to support the SCYTF.
c. Provide office space at the Gilroy Police Department for two DAO staff assigned
to support the SCYTF: the SCYTF Program Manager and the Deputy District
Attorney assigned to South County, both assigned to Community Prosecution Unit.
d. Through the passthrough of funds, contractor shall retain the services of
Community Based Organizations (CBOs) to provide services that support the
SCYTF. Minimally, 65% of the funds from SCC must be allocated to CBOs and
evaluation firms. The other 35% may be used for the .5 FTE Office Assistant
position as outlined above in section 1a. and other administrational or indirect
costs. Any remaining funds shall go towards CBOs and/or evaluation firms.
e. Contractor shall enter into separate agreements with CBOs that outline the services
and deliverables in accordance with the SCYTF, following the Contractor’s
procurement process.
f. Working and maximizing collaborative efforts with community-based
organizations (CBOs).
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g. Reporting data, quarterly progress and financial reporting to the County in a timely
matter as outlined in Attachment B.
2. All CBOs participating in the SCYTF will have the necessary credentials,
certifications, insurance, experienced staff, and field expertise for the planned array of
services and track records for to provide services. The duties and responsibilities of
the experienced staff will include:
a. Conducting outreach support;
b. Linking and referring youth to SCYTF’s services and other community programs;
c. Partnering with the County, the SCYTF and other local community assets to
further the goal of gang and violence prevention, intervention and violence disruption to
foster safer communities in South County;
d. Attending necessary meetings, including, but not limited to, impromptu crisis
response protocol and climate meetings, monthly SCYTF Technical Team and bi-monthly
Policy Team meetings, weekend events and work evenings (when needed) to implement
successful coordination of SCYTF project services;
e. Assisting in identifying funding matches for food expenses while adhering to
County nutritional guidelines for programming; and
f. Submitting monthly calendars on a quarterly basis documenting which services are
being rendered at which times, for each day of the week/month at each location.
g. Outreach and Engagement Activities:
These activities aim to build rapport with youth to introduce services, opportunities
for self-referral, and invitation to participate in our services/activities.
3. Contacts and Visits
Contractor will oversee and monitor all CBOs to ensure they are properly adhering to,
and providing services under, the SCYTF model. Contractor will also oversee site
visits to be completed by SCYTF’s program staff with appropriate clearance. Onsite
and off-site contact must be according to County, City and school procedures. Social
media connection is not allowed through personal sites.
4. Population to be Served
a. Children and young adults (Youth) served will be between the ages of 10-24 (any
gender or non-binary), who reside or attend school in South County (zip code areas
95037, 95046 and 95020) and can fall in one, or more, of the following categories:
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1. At-risk youth: Defined as youth who live in or attend schools in low socio-economic
areas, referred to as “Hot Spots” that have some gang/violence-risk characteristics,
such as, but not limited to youth exhibiting Stability Needs; Potential Harm to Self
or Others; Offending Behavior; Trauma History/Lack of Healthy Coping Abilities;
and Re- Victimization Risk.
2. High-risk behaviors and gang-impact: Defined as youth exhibiting high-risk
behavior(s) related to gang lifestyles, re-offending and/or participating in gang
intimidation or behaviors associated with violence. This category distinguishes from
“at-risk” population in that it generates additional characteristics demonstrating
social-risk factors and level of intensity.
3. Youth who demonstrate to be violence/gang intentional: social circle is integrated
into intergenerational gang environment; youth self-identify, are identified and/or are
arrested for gang-related incidents or acts of gang violence through the justice system.
b. Parents of youth and community members who reside in Morgan Hill, San Martin
and Gilroy Hot Spots, as defined by the Strategic Plan.
c. School Providers who identify themselves as needing support, services and wish to
integrate relevant SCYTF supports and trainings into the school, build staff’s
competency with working with youth who are displaying trauma and known at-risk
and high-risk behaviors.
1. Location and Days of Operation:
a. Services will be provided in areas within South Santa Clara County,
identified as having a higher need for services, as evidenced by trends,
hotter climate, escaladed youth issues and/or community and school
demand.
b. Services will be provided throughout the week and some evenings and
weekends.
County’s Responsibilities:
1. County will provide leadership and assistance to the SCYTF Policy Team. This
includes providing support to the SCYTF Policy Team in:
a. Participating in an engaging culture of active communication, coordination and
interagency collaboration.
b. Contributing and sharing resources which support and advance the goals of the
SCYTF in accordance with a budget (See Exhibit A, “Budget” attached and
incorporated by this reference) and work plan approved by the Policy Team.
c. Actively participating in the Policy Team role that:
i. Evaluates emerging trends and sets policy direction;
ii. Monitors the progress of the Technical Team;
iii. Facilitates interagency collaboration and troubleshooting;
iv. Reviews efforts, measures success and makes changes as needed; and
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v. Completes service delivery, if and as specified, within approved funding
applications.
d. Seeking out and bringing forward for consideration, “best practices” and “evidence-
based practices” that can be tailored to the South County’s unique needs.
Unless specifically stated otherwise, quarterly periods referenced in this entire agreement shall
be defined as follows:
May 1, 2020 – July 31, 2020
August 1, 2020 – October 31, 2020
November 1, 2020 – January 31, 2021
February 1, 2021 – April 30, 2021
May 1, 2021 – July 31, 2021
August 1, 2021 – October 31, 2021
November 1, 2021 – January 31, 2022
February 1, 2022 – April 30, 2022
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Attachment B
Deliverables, Milestones & Timelines for Performance
Deliverables, Milestones, and Timeline for Performance
1. Contractor will enact the adopted strategic planning process and action plan that
defines the magnitude of the gang and community violence issues in the south Santa
Clara County area and identifies actions needed to best address them.
2. Within three (3) months from the last signature date on this agreement, Contractor
will provide the County with a plan for spending and timeline for deliverables
showing that the full amount will be spent within the period of this agreement. This
plan should include the following:
a. What services the Contractor will offer,
b. How the Contractor will fund those services,
c. Explanation of the need for services,
d. Desired outcome of results
3. Project data to be collected: number and type of primary, secondary and tertiary
services available as the result of this Program, units of service delivered, client
length of participation and completion rate(s), percentage of outcome goals achieved
by individual participants, numbers of referrals and rate of successful enrollment for
each service type and training offered.
4. The Program Lead Team will present interim process and outcome results, including
key service delivery, participant progress, and participation data, at monthly Program
Lead Team Meetings, to discuss and act on real time issues and any needed program
adjustments.
5. Transport of Clients: All necessary insurance and guidelines must be met and verified
before transporting clients. One-to-one driving is not allowed. Staff and youth in
transport must be of the same gender, or there may be another staff member in the
car of opposite gender. A guardian/parental permission slip must be signed each time
a youth enters a Contractor’s or Subcontractor’s vehicle. For Life Coaching/Case
Management/Small Group sessions, all intake paperwork must be up to date and the
two-to-one ratio must be enforced for transporting clients. Locations of services will
occur at the identified schools, community hubs, hot-spot parks and libraries. Contact
of client and transportation must follow County and Contractor procedures.
6. Contractor will ensure that each subcontracting CBO maintains a written and
electronic individualized file on each client for case management services as well as
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an Individual Service Plan (ISP). Contractor will ensure that each CBO has a file on
all group, training or program attendees to support the demographics and number of
clients and community members being served. CBOs will document each client's
progress within assigned service/program and notify Contractor of client's progress
and/or problems encountered within an assigned service/program.
7. Contractor must work with the County's evaluation staff and consultants to collect
data as required by the County:
a. Contractor must assist in supporting and implementing the goals of the County,
including the outcome measures, as determined by the County and agreed upon by
the Contractor.
b. Contractor must assure that each CBO work in conjunction with County and
County's outcomes team to create a client list. At a minimum, CBOs must provide
a client list that includes the following:
i. Initials of youth served;
ii. Include assigned Probation File Numbers for Youth (if applicable);
iii. Date of birth of youth served;
iv. Start date of when youth started receiving services;
v. End date of when youth stopped receiving services;
vi. ZIP Code of youth served (if available);
vii. Ethnicity of youth served (if available); and
viii. Hours of service per youth by activity type.
8. Contractor must request that CBOs work in conjunction with County to finalize a
Program Activity Report (PAR), Exhibit B "PAR/Invoicing Reporting Document,"
which is attached and incorporated by reference. Once the PAR format is approved
by the Contractor, the Contractor must submit it quarterly to the County by the
fifteenth working day of the new month following the end of the quarter.
9. Contractor must request that CBOs work in conjunction with the Contractor and
County to finalize a quarterly Program Narrative Report, Exhibit C "Program
Narrative Report," which is attached and incorporated by reference. Once the
Program Narrative Report format is finalized and approved by the Contractor, the
Contractor must submit it quarterly to the County, by the fifteenth (15th) business
day following the end of each quarter, for contents approval.
10. Contractor must complete and submit the quarterly reports and Invoice
documentation with appropriate supporting documents, (service calendar(s) with
times and locations of programs, subcontractor invoices, receipts and any in-kind
matches), by the 15th business day after the end of the quarterly period.
11. The PARs and quarterly and biannual Program Narrative Reports must be submitted
by email to the following address: baguilera@dao.sccgov.org.
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Performance Targets, Metrics & Improvement Objectives:
Performance Standard Data Contractor Provides
Annually serve 50-100
at-risk to high-risk and
gang impacted youth,
ages 10-24.
Number of youths served, including demographic information such
as age, race/ethnicity, gender, and geographic region.
Number of youths enrolled in programs. Data should be provided
by program type.
This includes demographic information such as age, race/ethnicity,
gender, and geographic region.
Number of youths who complete programs, Data should be
provided by program type.
This includes demographic information such as age, race/ethnicity,
gender, and geographic region.
Number of staff and caseload per staff assigned to each program.
Performance Standard Data Contractor Provides
Annually serve 40-75
parents, community
members and
educators who reside
and/or teach in
identified at-risk to
high-risk
neighborhoods.
Number of parents, community members and educators served,
including demographic information such as age, race/ethnicity,
gender, and geographic region through a program or training to help
build their capacity in restorative, culturally responsive and healing-
informed / trauma-informed frameworks.
Number of parents, community members, and educators enrolled in
programs or a training within restorative, culturally-responsive,
healing-informed / trauma-informed frameworks. Data should be
provided by program or training type.
This includes demographic information such as age, race/ethnicity,
gender, and geographic region.
Number of staff and caseload per staff assigned to each program
and training offered. List of trainings offered per year.
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Attachment C
Performance Standards
C. Performance Standards
1. Prior to beginning services, all Contractor and subcontractor CBO personnel working
directly with clients must obtain, at Contractor’s or their own expense, a Department
of Justice background clearance (Live Scan). If the results of the background check
are unfavorable, the County will notify Contractor to arrange for replacement
personnel. If replacement personnel cannot be found, County will terminate the
Agreement. Contractor will need to complete the following steps to obtain a
background clearance:
a. Contact the County Live Scan liaison at (408) 468-1633 to obtain a background
clearance application.
b. Contact the County of Santa Clara Office of the Sheriff to make a Live Scan
appointment. The office of the Sheriff can be contacted by phone: (800) 211-2220
or via their website http://www.sccgov.org/portal/site/sheriff.
c. County will contact Contractor once the results of the background clearance have
been received.
d. Contractor is required to notify the DAO’s liaison when the employment or
licensing relationship of any individual whose name was submitted for Live Scan
background clearance has concluded.
i. Contractor must provide the DAO with a list of employees who will be
performing services for the Contractor and include the following information
by July 30th of each new Fiscal Year:
Employee’s name;
The employee’s position/title and role within the program; and
The Probation program/service and contract purchase order
number that the employee is working under.
If Contractor’s personnel has already obtained a Live Scan background clearance,
Contractor shall provide supporting documentation to DAO by email to the following
address: baguilera@dao.sccgov.org.
2. Privacy – Contractor must comply with all state and federal laws regarding the
privacy of medical information, including but not limited to the following:
a. The Health Insurance Portability and Accountability Act, 45 C.F.R parts 160, 162
and 164
(“HIPAA”);
b. The Health Information Technology for Economic and Clinical Health Act
(“HITECH”
Act), Pub. L. 111-5, Div. A, Title XIII, § 130001 et seq., Div. B, Title IV, § 4001
et seq., Feb. 17, 2009, 123 Stat. 226, 467, 42 U.S.C.A. § 300ii, et seq., and
4U.S.C.A. § 17901, et seq.;
c. California Welfare and Institutions Code section 5328 et seq.; and
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d. California Evidence Code section 1010 et seq.
3. Contractor will perform the agreed services in a competent and expedient manner and
must immediately inform the County should problems arise that prohibit the
Contractor from performing the services in such a manner.
4. Contractor shall maintain written documentation, project information, and records
relevant to the services provided. Contractor must make this information available
for review by County upon reasonable notice.
5. Cultural Diversity, Inclusion, and Cultural Diversity:
Services must be provided in a culturally responsible manner to the entire target
population, demonstrating fair and equitable practices for participants of diverse
identities including gender, age, religion, race ethnicity, sexual orientation, gender
identity, and disability.
Contractor, and its selected CBOs, shall maintain and promote programs that provides
the highest quality of services to clients regardless of actual or perceived sexual
orientation, gender identity, or gender expression.
6. Contractor, and its CBOs, agrees to provide language/translation services for clients
and/or their families who may have Limited English Proficiency (LEP) skills.
Contractor further agrees to inform LEP individuals of their eligibility for benefits,
programs, and services in a language they understand. Contractor, and its CBOs, must
not only translate outreach materials, but must also explain how LEP individuals may
access available language assistance services. Methods Contractor, and its CBOs, can
use to inform LEP individuals about language assistance services may include
translating outreach materials into other languages, updating non-English content in
key languages on the main page of its program's website, and providing public service
messages in non-English media describing its programs. Additional methods of
providing notice include the use of forms, brochures, and/or language access posters
placed in conspicuous locations describing in multiple languages the availability of
language assistance services, the use of “I Speak” language identification cards, and
by including instructions in non-English languages on telephone menus. Sample of
the "I Speak" card is available at this website and Contractor may create their own
version.
http://www.justice.gov/crt/lep/resources/OhioLangIDcard.pdf
7. County will evaluate and document the Contractor’s performance in accordance with
County policy. Contractor evaluation may consist of, but not be limited to, the
following evaluation forms:
a. Contractor Performance Evaluation report;
b. On-site review; and/or
c. Contractor self-evaluation.
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8. Contractor will adhere to the Risk, Need, and Responsivity (RNR) model and an
evidence-based practice (EBP), which must be mutually agreed upon by DAO and
contractor. EBP must address SCYTF services. Contractor will ensure the integrity
of the model is maintained throughout the process of providing services to clients.
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Attachment D
1. The maximum compensation paid to Contractor under this Agreement must not exceed
the following:
FY20 - $40,000
FY21 - $180,000 (plus any unused funds rolled over from FY20)
FY22 - $140,000 (plus any unused funds rolled over from FY21)
For a maximum amount not to exceed $360,000 for the length of this agreement.
2. Contractor will be compensated for services rendered and/or expenses incurred in
accordance with Exhibit A, “Budget” hereto attached and incorporated by this
reference.
DAO and Contractor may, as needed and upon mutual agreement in writing, modify
budget line-item maximums and/or billable rates noted in Exhibit A, “Budget” to reflect
the service delivery needs of the SCYTF without exceeding the maximum financial
obligation of this agreement.
3. Contractor will submit invoices at the end of each quarter, invoices will include the
Contractor's name and address; invoice number; contract number; date and description
of services; total invoice amount; year-to-date expenditures and remaining contract
balance.
The invoice covering services rendered in the final period of service in each applicable
fiscal year this agreement is in effect (fourth quarter or the month of July, as appropriate)
shall be submitted no later than July 1st (or next business day when July 1 falls outside
of normal County business hours).
4. If the invoice and supporting documents are in proper form, appropriately payable
under this Agreement, and have been reviewed and approved by the appropriate DAO,
County shall make payment to Contractor in accordance with Section VI: Standard
Provisions, Item U “Payment Term,” of this agreement. Payment is contingent upon
Contractor providing the agreed upon services according to the scope of services,
contract requirements, deliverables and performance standards detailed herein.
10.A.a
Packet Pg. 104 Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
Exhibit A
Budget
10.A.a
Packet Pg. 105 Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
South County Youth Task Force Financial Contributing AgenciesJOINT REVENUEJoint RevenueTotalProposed FY 18-20 Budget Revenue (cost to individual partners) ContributionFY 18 FY 19 FY 20 FY 21 FY 22Participating Agency and ContributionCity of Gilroy$75,908 $141,816 $152,748 $155,803 $158,919$526,275Gilroy Unified School District $21,109 $45,678 $45,678$112,465Santa Clara County - Probation $100,455 $165,545 $0 $0 $0$266,000Santa Clara County - Probation Neighborhood Safety Unit $85,850 $119,650 $100,850 $157,000 $157,000$620,350Santa Clara County Library $15,000 $30,000 $0$45,000Morgan Hill Unified School District$26,000 $45,000 $45,000$116,000Santa Clara County - District Attorney's Office$40,000 $180,000 $140,000$360,000Total Joint Revenue FY 17-20 $298,322 $528,689 $384,276 $537,803 $455,919 $2,046,090Hard Match: City of Morgan Hill** City of Morgan Hill** (Pay for MH After-School Services at Park Place Apts.) $18,000 $54,000 $54,000 $54,000 $180,000 Morgan Hill Recreation and tutoring 3-day/per week programTotal Hard Match$18,000 $54,000 $54,000 $54,000 $0 $180,000Total Joint Revenue and Hard Match $316,322 $582,689 $438,276 $591,803 $455,919 $2,226,090EXHIBIT A10.A.aPacket Pg. 106Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
Exhibit B
Sample of Program ActivityReport (PAR)
10.A.a
Packet Pg. 107 Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
1t30t2020
City of Gilroy SCYTF ONE PROGRAM
FUNDTNG CYCLE (2017-2018)
UNITS OF SERVICE WORKBOOK REPORT INSTRUCTIONS
GÊNERAL INFORMATION
(Note: To print instructions, set margins in a Word document to .5" for all s¡des then copy and paste; 5 pgs.)
with formulas have been locked (white-shaded) except for those
workbook. All worksheets that produce
that require data entry (yellow-shaded)
preserve the integrity of this a quarterly report for SCYTF funded
services are housed in one workbook. Use the same workbook for all four quarters. Each quarter will build
onto previous quarters and ultimately terminate with the Final/Q4 report. Worksheets are separate and
identified by the tabs located at the bottom of the computer monitor; click on a des¡red tab to navigate from
worksheet to another.
L¡st of worksheets in workbook - lnstructions are aligned from left to right.
I ) lnstructions
2) Target Population Profiles
3) (Units of Service): UOS-Contracted Goals
4) Quarter 'l Units of Service Worksheet
5) Quarter 2 Units of Service Worksheet
6) Quarter 3 Units of Service Worksheet
7) Quarter 4 Units of Service Worksheet
8) Units of Service Actuals (will auto-populate; please do not input)
9) Demographics Report
10) Financial Report
11) Agreement Modif¡cation Form (Agree Mod Form)
complete quarterly report will include submittal of the following worksheets:
- Narrative
- Quarterly Sheet correspond¡ng to current and previous quarters
- Demographic Report
- Financial Report
Reports must be submitted electronically to Bern¡ce Aguilera Toney at baguilera@dao.sccgov.org.
A Quarterly Report is considered complete when all of the aforementioned worksheets have been submitted
and entries for each of the worksheets have fulfilled approval Payment distributions will not be released until
all reporting criteria has been met.
General lnstruct¡ons
Cells that are dog-eared red in upper right corner have ¡nserted information for assistance w¡th input required
for that column. To access place cursor on the red flag for comment(s) to appear.
Cal GRIP ONE 2015-2016
INSTRUCTIONS
10.A.a
Packet Pg. 108 Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
1t30t2020
Cells containing linking or self-calculating formulas will not allow you to enter a zero (0). Leave cells blank
when the data is "0" or there is nothing to report. DO NOT enter letters or text in formula cells (i.e. N/A) as this
will prevent automatic calculations from taking place (A "REF!" or "#VALUE!" will appear ¡n the cells that are
programmed to self-calculate or link).
Cells containing formulas in worksheets are protected to ensure integrity of the workbook. DO NOT attempt to
"unprotect" any worksheet, as th¡s may alter formulas held within the cell and prevent desired calculations.
Should you have difficulty enter¡ng data, contact your Evaluation Coach.
"Cutting and Pasting" can be done as long as it is done in small sections where there are no pre-existing
"Cutting
happen, start over
and Pasting" whole worksheets will destroy the integrity of the workbook.
with a new workbook. (Rule of Thumb: When in doubt, contact your ONE
Should this
or CPPA staff
before attempting anything that may compromise the workbook.)
rget Population
Reference only
Eligible Service (ES) and Police Division (Pol Div) Codes
Reference only
Narrative Reports (Qtr 1, Qtr 2, Qtr 3 and Qtr 4) - These may be submitted ¡n a Word document.
Four Narrative worksheets are provided, one for each quarter (Qtr 1, Qtr 2, Qtr 3, Otr 4). Enter responses for
every ¡tem listed in the worksheet. Ensure "Date of Report", 'GRANTEE Name", "Person Preparing Report'
and "Contact lnformation" is complete and current for each worksheet.
Complete responses for all sections of the report.
Note: Should there be noth¡ng to report, input either "N/A" or "Nothing to Report'. Limit each quarter's
narrative to fìve (5) pages or 250 lines.
Uos-Contracted Goals
Services in the executed contract. A completed
must be completed within the first quarter of the
UOS-Contracted Goals worksheet will automatically link/self-populate and self-calculate the "Projected"
columns in the "Un¡ts of Service Report-Actuals" worksheet.
ONLY ENTER DATA IN YELLOW CELLS
Self-calculating (White-shaded/Protected; DO NOT enter any data in these cells):
Units of Service by Eligible Service - Cells self-populate/calculate according to Eligible Service
Projected Total Number of Sessions - Column has a formula in each cell that will self-calculate total
sess¡ons for activity/row.
Cal GRIP ONE 2015-2016
INSTRUCTIONS 2
10.A.a
Packet Pg. 109 Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
1t30t2020
6 Month Projected Total UOS. - This column has formulas in each cell that will self-calculate UOS specifìc
for each activity/row; 6 month total UOS will calculate September-February; half of the contract period-
12 Month Projected Total UOS. - This column has formulas ¡n each cell that will self-calculate UOS
specific for each activity/row; 12 month total UOS will calculate September-August; complete contract
period.
UOS is a unit of measurement for service productivity. The formula factors projected participants, sessions
time per session using this formula: Average Sessions x Average Number of Participants' x Average Tim€
per Session = UOS
Entry by GRANTEE (Yellow-shaded cells):
Projected Numbers of Participants Served Per Activity
Unduplicated Participants per Year - Projected total number of annual unduplicated part¡cipants served.
Average Partic¡pant(s) per Session - Poected average number of participants served for th¡s act¡vity
per session. (i.e. for individual activities enter "l"; for group activities enter an average number that
best identifies the attendance in any given session.)
lmplementation Schedule (Sessions per month) - Projected number of sessions by month for activity.
Average Number of Hours Per Session - Project the amount of time per session. Round to the nearest
quarter of an hour ( i.e. 15 min.=.25 hrs, 30 min =.5 hrs, 45 minutes =.75 hrs).
Days and Time of Activity - Enter projected day(s) of the week (Su,M,Tu,W,Th,F,Sa) and time of session
for each activity.
Locatíon - Enter projected location. Name of site only. Addresses listed in Exhib¡t A; Scope of Services
Note: lf during the contract per¡od it is necessary to amend/adjust the Uos-Contracted Goals, a formal
"Agreement Modification Form" must be submitted, in writing, on a CITY approved form, signed by the
signatory that has been authorized with a Signature Resolution for that GRANTEE. Approved changes will be
made on the UOs-Contracted Goals worksheet by a SCYTF - City of Gilroy and DAO STAFF.
Report
UOS-Contracted Goals sheet and are automatically populated
with projections. These poections generate UOS, which in turn will be used to determine the program's
overall performance in the Actual to Projected percentages. Only the actual numbers for services rendered
are to be entered in the yellow-shaded cells of this worksheet.
Note: Should the workbook template not perform properly or does not appear to calculate correctly, contact
your Evaluat¡on Coach or ONE staff. Sometimes the integrity of the workbook is altered by electronic
transport.
Self-calculate (\Ä/hite-shaded/Protected; DO NOT enter data in these cells)
Unduplicated Participants - Totals
Average Number of Participants per Session - Participant average
Total Number of Sessions - Annual Total
Cal GRIP ONE 2015-2016
INSTRUCTIONS 3
10.A.a
Packet Pg. 110 Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
1t30t2020
Average Number of Hours per Session - Average hours per sess¡on
Units of Service - lst Quarter, 2nd Quarter, 3rd Quarter and 4th Quarter and Annual Total
Data entry by GRANTEË (Yellow-shaded cells):
Unduplicated Participants - Enter unduplicated participants for "On-going", "Additionally Reached and
"Adults".
Average Numbers of Participanfs per Session - Enter actual production for each quarter here.
Total Number ofSessions - Enter actual production for each quarter here.
Average Number of Hours Per Session - Enter actual product¡on for each quarter here.
F¡nancial Report
Report Personnel and Operating expenses for total program. Funding sources are broken into ONE and
Matching expenditures. Projected budget will align directly to Exhibit C "Budget Summary" in your current
executed ONE contract.
Completed by Bernice Aguilera (White-shaded/Protected; DO NOT make any entries in these cells):
SCYTF Fundino
- Personnel Expenses - ltemized
FTE - Total Program
Contracted Budget
- Operating Expenses
Contracted Budget
Matchino Fundino
- Personnel Expenses - Combined
- Operating Expenses
Self-calculate (\^/hite-shaded/Protected; DO NOT enter data in these cells):
Cumulative YTD/Grand Total
%of Funds Set YTD
Balance of Funds Available
Data GRANTEE (Yellow-shaded cells)
- Personnel Expenses - Enter expenditures for each staff member budgeted from BEST funds per quarter
- Operating Expenses - Enter expenditures for each line item budgeted from BEST funds per quarter.
- Personnel Expenses - Enter a cumulative expenditure budgeted from Match funds per quarter.
- Operating Expenses - Enter expenditures'for each line item budgeted from Match funds per quarter
Cal GRIP ONE 2015-2016
INSTRUCTIONS 4
10.A.a
Packet Pg. 111 Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
1t30t2020
Note: GRANTEE shall not adjust any line item expenditures in the Budget by more than 10% or $2,000;
whichever is greafer, without the prior approval of CITY. GRANTEE shall make such requests for line item
adjustments in writing to ClïY in writing on CITY approved format. Failure to do so, may, at CITY's option,
result in disallowed costs.
Demographic Report - Ongo¡ng Participant Customer
Provide demographic information for each undupl¡cated participant served, avoid duplicates. Évaluators will
remove duplicates upon quarterly review. This report tracks on-going services. Participants who receive one
services should not be listed.Do not list staff, mentors, parents, teachers, spectators or "additionally
should be of all the unduplicated, on-going partic¡pants.reached" participants. Total count
(White-shadediProtected; DO NOT enter data ¡n these cells)
Participant l. D. lnformation/Age
Participant l.D. lnformation/Participant lD Code
Data entry by GRANTEE (Yellow-shaded cells):
Participant L D. lnformaiion
First lnitial: Enter the first letter of participant's first name
Last lnitial: Enter the f¡rst letter of participant's last name
BirthMonth: Entertheparticipant'sbirthmonthnumerically(1-2digits; i.e.Jan=1,Oct=10...)
Birth Day: Enter the participant's day of the month s/he was born (1-2 digits; 1-31)
Birth Year: Enter birth year (4-digit; i.e. 1996)
Gender: Enter "1" for Male, "2" for Female
Ethnicity: Usingthecodesl-l0locatedatthetopofthetable,entertheethnicityofeachparticipant
Zip Code: Enter res¡dent Zip Code for each participant
Referral Source
Using the codes I -8 located at the top of the table, enter the Refenal Source of each participant.
Program
Entry
Entry
Date: Month (l-2 d¡gits); Day (1-2 digits); Year (4-digits; i.e.2012)
Target Population
(Based on definitions in reference worksheet titled "Target Population Profiles" - One rating per participant)
- AþR|SK
- High-Risk
- lmpacted
- lntentional
Status Report#1 - Program Entry
Cal GRIP ONE 2015-2016
INSTRUCTIONS 5
10.A.a
Packet Pg. 112 Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
1t30t2020
(Using the codes 1-3 located at the top of the table, enter the posture of participant upon program entry)
- Disconnected with school?
- Connected with school?
- Ever Been Convicted?
- GRANTEE Specific - To be determined by GRANTEE; program specif¡c data
Date of Exit or End of 4th Quarter
Exit Date (or end of contract period): Month (1-2 digits); Day (1-2 digits); Year (4-digits; i.e. 2013)
(Using
or
Report #2 - Program Exit or 4th Quarter
the codes 1-3 locâted at the top of the table, enter the posture/progress of participant upon program
end of contract period.)
- Connected/Completed School?- Conv¡cted while in Program?- GRANTEE Specific - To be determined by GRANTEE; program specific data
Cal GRIP ONE 2015-2016
INSTRUCTIONS 6
10.A.a
Packet Pg. 113 Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
1t30t2020SOUTH COUNTY ONE PROGRAMTarget Population Definitions and ProfilesTarqet Population DefinitionsThe ONE target population is:. Youth exhibiting high-risk behaviors. Youth committing intentional acts of violence. Youth exhibiting high-risk behaviors related to gang lifestyles. Youth identified as gang members and/or arrested for gang-related incidents or acts ofgang violence, in addition to families (including parents and children) and friends of youthinvolved with the gang lifestyle or incarcerated for gang-related crimes. Parents and adult community members who reside in South County hot-spots. ldentified schools and their staff members who are interested in trainings andparticipation in SCYTF initiatives and strategiesTarqet Population ProfilesAt-Risk: This category may be distinguished from other at-risk youth in that they areresiding in a high-risk community (Hot Spot areas, low socio-economic) and have somethe following gang risk characteristics. Defined as youth who live in or attend schools inlow socio-economic areas, referred to as "Hot Spots" that have some gang/violence-riskcharacteristics, such as, but not limited to youth exhibiting Stability Needs; Potential Harmto Self or Others; Offending Behavior; Trauma History/Healthy Coping Abilities; and ReVictimization Risk.1. Has a high potential to exhibit high-risk gang behaviors.2. Has not had any personal contact with juvenile justice system.3. Exhibits early signs of school-related academic, attendance and/or behavior problems.4. Has periodic family crises and/or is a child welfare case.5. ls low-income and/or lives in overcrowded living conditions.6. Knows some neighborhood gang members but does not associate with them.7. ls beginning to experiment with drug/alcohol use.Hiqh-Risk: Decided to take #3 out do to it being so close to#2 (high-risk and#4intentionalI-CalGR|P ONE 2015-2016TARGET POPULATIONS10.A.aPacket Pg. 114Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
1t30t2020characteristics and level of intensity of the following1. Admires aspects of gang lifestyle characteristics.2. Views gang member as "living an adventure."3. Lives in gang "turf'area where the gang presence is visible.4. Has experienced or participated in gang intimidation type of behaviors or has witnessedviolent gang acts.5. Feels unsafe being alone in neighborhood.6. Has family members who have lived or are living a juvenile delinquent, criminal and/organg lifestyle.7. Has had several contacts with the juvenile justice system and law enforcement.8. Does not see the future as providing for him/her; has a perspective of "you have to takewhat you can get."9. Casually and occasionally associates with youth exhibiting gang characteristics.10. Has a high rate of school absences, and experiences school failure and disciplinaryproblems.11. Uses free time after school to "hang out" and does not participate in sports, hobbies orwork.12. ls suspicious and hostile toward others who are not in his/her close circle of friends.13. Does not value other people's property.14. Believes and follows his/her own code of conduct, not the rules of society.15. Only follows advice of friends; does not trust anyone other than friends.16. Uses alcohol and illegal drugs.17. Has had numerous fights and sees violence as a primary way to settle disagreementsand maintain respect.18. May have been placed in an alternative home or living arrangement for a period19. Does not have personal goals/desires that take precedence over gang impacted youthgroups.lmpacted: Defined as youth exhibiting high-risk behavior(s) related to gang lifestyles, re-offending and/or participating in gang intimidation or behaviors associated with violence.1. Has had several contacts with the juvenile justice system and law enforcement. Haslikely spent time in juvenile hall. Has had a probation officer and/or may have participatedin delinquency diversion program.2. Has had numerous fights, and views violence as primary way to intimidate, settledireements and maintain respect.2CalGRlP ONE 2015-2016TARGET POPULATIONS10.A.aPacket Pg. 115Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
1t30t2020aor groupgangSVAuesindependence from gang membership.4. Personally knows and hangs out with identified gang members.5. Considers many gang-related activities socially acceptable.6. Feels he/she has a lot in common with gang characteristics7. Views gang involvement as an alternative source for power, money and prestige.8. Wears gang style clothing and/or gang colors/symbols.9. Promotes the use of gang cultural expressions and terminology.10. ldentifies with a gang-related affiliation and/or turf, but has not officially joined a gangls ready to join a gang.11. Does not seek employment, and regards "underground economy" as a viable option.12. Probably has gang-related tattoos.13. Has drawing of gang insignia or symbols on notebook/book covers, other personalitems.lntentional: This category is distinguished from all other categories in that youth must beidentified and/or arrested for gang related incidents or acts of gang violence through thejustice system (Police, DA, Probation, etc.). Youth who demonstrate to be violence/gangintentional: social circle is integrated into intergenerational gang environment; youth self-identify, are identified and/or are arrested for gang-related incidents or acts of gangviolence through the justice system.1. May have been identified or certified as a gang member by law enforcement agencies.2. Associates almost exclusively with gang members to the exclusion of family and formerfriends.3. Views intimidation and physical violence as the way to increase personal power,prestige and rank in gang. He/she is active in "gang banging."4. Regularly uses/abuses alcohol and other drugs.5. Self identifies as a gang member.6. Has spent time in juvenile hall, juvenile camp or California Youth Authority.7. Regularly deals with gang rival and allied gang business.8. Has gang-related tattoos.9. ldentifies specific individuals or groups as enemies.10. ls engaged in the gang lifestyle.11. Rejects anyone or any value system, other than that of the gang.3Cal GRIP ONE 2015-2016TARGET POPULATIONS10.A.aPacket Pg. 116Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
1t30t2020gang.13. Has fully submerged his/her personal goals and identity in the collective identity andgoals of the gang.14. Has adopted and/or earned gang status within the gang system.Parents and CommuniW Members:Parents of youth and community members who reside in Morgan Hill, San Martin andGilroy Hot Spots, as defined by the Strategic Plan.School Partners:School Providers who identify themselves as needing support, services and wish tointegrate relevant SCYTF supports and trainings into the school, build staffs competencywith working with youth who are displaying trauma and known at-risk and high-riskbehaviors. Schools located in designated SCYTF hotspots or who are feeders of youthwho prodominately live in hot spots get first right to services and trainings.After reviewing the Strategic Plan and Work Plan, I added School Providers as apopulation to be served.I4CalGRlP ONE 2015-2016TARGET POPULATIONS10.A.aPacket Pg. 117Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
1130D020 San Jose B.E.S.T. UNITS OF SERVICE-Contracted coals
2013-2011
Name of GMNnE
Preiætfde: buh Counw OilE pRO¡Éfi
Tobt crant Award: I 2m,@.@ OilE Cd Per UOS #Drv/0!
Unlb ofSeillcê Pet
El¡gible Sefl¡.efobl Cod Pêr UOS #Drv/0!
Blañt
Program Activiti6
oı¡
o
F
¡.
Prerdd ilumhF of
På¡ticlpånb Sryed Pêr Ac-6vity
fmplem€ntat¡on Schêdule (lnclud6 heprojd numhß of ffilohs füô âctlv¡ty wlll
bê offe¡ed)
Prciefr
fobl
iluñb€r of
k¡ons
Âveñgê
iumhr of
floüE Per
k¡on
6 Honh
Prcjdd
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ot$trlce
12 tont r
Prcidsd
Tobl Un¡E
of sryie
Dây(s)/T¡me of Act¡vity Lffition
ô!
ôß
s
E:o:q z n I z z
Cl¡ent 1:1Appp¡nhent 0.75
2 Cl¡entT/C ønhct o.25
3 Clie¡t Drcp h 0.50
Cl¡€nt Home V¡s¡t 1.00
5 cl¡ent Fam¡ly conhct 1 I 0.s0
6 Ms/ss/IEP shæl Youh Mætings I 1 1_00
Parcñt only conbcb 1 1 0.50
a R€feral ln I 1 1.00
9 Referral Linkagê 1 t 1.00
¡0 1 I 2.00
1t cr¡s¡s R6ponse 1 1 3.00
t2 Sbff Dev€lopment/ ta¡n¡ng 1 1 4.00
t3 cas ønferenc¡ng 1 1 1.00
Mædngs/ Communlty Mætlngs 1 1 2.00
l5 bllabral/ Collaboratlon Wo*1 1 1.00
l6 Ev¡dence Informd-8ad GreupB 1 8 1.00
t7 Grcup Prep 1 I 2.00
1a bte illght Gyms (G¡lrcy and MH)t 50 3.00
l9 Flêld lr¡p 1 3 4.00
20 Commun¡ty Oub€ch, Youth
Engagment k¡ons 1 I 4.00
22
23
24
I cert¡fy thât I have reviewed and hereby consent to all projected act¡v¡t¡es, shedu16 and s¡te loGt¡ons contä¡ned ¡n th¡s workshæt,
WÍINESS THE EXECUTION HEREOF the day and y€r here¡nabove wr¡tten:
GRANIEE C¡ty of Gilroy
tiUe
Date:
Date:
BEST 2013-2014
10.A.a
Packet Pg. 118 Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
ilåm of G&il€€Proid rüe:Ctu of c¡lþy SWFX1816ømmun¡ty Oùed, YodbG NightGyms (GikoyåndEvrdce lnhrmd-M$æ1918JbE NigftGyre (Gùq16 lMffiehtumd-ed13 lø* ctr@nclnql::::*:g::::,"*'ælÞte N¡ght Gyms (Gilrcy ¿d1816 | Èv¡oerc mrcñø-esú10.A.aPacket Pg. 119Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
Mn€orGNEE@Preisfrê:@20I ::îf ::':-"-Y"T:!. ^-.ß lHeMeNþvms (oÚovano12u¡bl:s*,Hri:,**20$ IEENçnrþvmslwrqanorc l:voæ mÞm@'Éøt2gct-¿ul:äv"gii:,*'*20É IRN¡ghtGYñs{Giqâñdú l::oælmmæ"E$10.A.aPacket Pg. 120Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
Mñ€ofGME CÙolclñySmÞrc*stu:@18I Le Nisht Gyms (Gilrcy åndrr tè* &trrscinqFeD-2t,Pôdc¡Fñ^dYilyI he Niehr Gyms (Gikq ândMar-2020 lromhlnry etèch, YNbI lkNightcre(GilrcYånd10.A.aPacket Pg. 121Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
Nåm.olGME Cbof Gilþr$ffPþirflüe:@¿u l¡-"."---r <*.-*rs læNEncbFs(6Ûôvâño!2 l.-"*"""-*"r-"."¿e lÊ^^.^^^*ú..^^.ß lÉE N€mGrc (qq and12 l.*"*""-.*,r-..-lun-20ffit20 I."-,^*,.--^*læ NEhr sre (Güq md1aD 1",,*^--,^^--*,,,.,-,--10.A.aPacket Pg. 122Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
1t302020ONË GRA¡{TEE:Prcjd ftle:Cal GRIP ONE Units of Seruice ReFÉ-Aduåls2015-16C¡ty of Gihoy - South C¡unty Youth Task ForceSouth County OIE PROJECI$ 7o,9a2.qtInputs)î1g1817161q14131)110sA765?)Prcgram ActivitisAct¡v¡t¡es & Eligible CodesCommunity Oufeach, YouthEnoaoment S6ioßbte Nioht Gvms fcilmv ånd MHIFviden.e Infôñd-Aâd Grd'ßaôllårôrål/ aôllâhôråtiôñ WôrkMætinos/ Communiw MeetinosCåe ConÞrencinaStâff ÞvêlôDmênr/ Tr¡inin.Cr¡s¡s RsoonseReferal LinboeRefsral InPãrent onlv CoñtâcbMST/SST/IEP S¿hml Youth Mætino.aliêñt Fâñ¡lv añnrâ.r11I11IAverage Numb€r of Partic¡pantsper Sess¡on111111111111111111t1I1I11115081I111Total Number of Sess¡onsN/A?nôlo0050ôno?5Average Number of Hours perSess¡onTotal Cost per unit of æru¡ceONE Cost per unit of sery¡æUn¡ts of Seru¡ce#DIV/OIActual toProjætedCa GRLP ONE 2015-2016#REF!Page 110.A.aPacket Pg. 123Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
Total FundedGrand Total Program ExpensesTotøl CBO ExpensesC. CBO ExpensesTotal Operatíng ExpensesAdministrational Proiect OversishtOtherSuppliesB. Operating - AdministrationExpensesTotal FTETotøl Personnel ExpensesFringe BenefitsTotal SalariesOffice Assistant IA. Personnel ExpensesBudget Line Item DescriptionCaI GRIP ONE GRANTEB:0.s00.5FTEss$sssAnnualContractBudget (Exhc)$sss00Quarter 1.tIs$f00Quarter 2sI$Is00Quarter 3,ÍIssÍ00Quarter 40,t00000000000000000000CumulativeYTD/Grand Total#VALUE!7" of FundsSpent YTD,fIss$$$$$s$$$s$s$$$$$$$Balance ofFundsAvailableof GiSouthYouth Task FoOne Nborhoodect1CalGR|P ONE 2015-201610.A.aPacket Pg. 124Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
lItèlitiu+ulE9.1¡I6 +:llt+lt+II3ù:.ål+l+ll+:åÈI|||||||tlIlllI¡Il||lIlliIl|llIlIllI¡6å!tttI c{J¡lâ!r*rl¡g¡"l'l {"1"l {"1 {'l 4 { 4 {'"l I -l .l -l-l"l-l .l {"1 -l {.1 -l ,4"1'l 4''1,{.l"l.l I -l'4I1.1,'l'l"i]l+tuluït+ut+ut++lll+l+t+iIl|||lIltlI llllllli ll I!BI!¡{3IÈËIFèItt+uïulu+ll|!||l||Ill||l|||]tð,ãlu+lu+ll+l+t+Iif,I,ã6z&!IIûË'. ie?10.A.aPacket Pg. 125Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
CITY OF GILROY SCYTF PROJECT
REQUEST FOR AGREEMENT MODIF¡CATION
AGENCY NAME:
PROJECT NAME (lf applicable):
1. ldentify the type of modification requested by marking below:
_ Contracted Goals
_ Budget
2. Describe the change and provide the reason for the change:
3. Budget Modifications Only
I your proposed budget modification(s) affect your project's ability to meet its goals? lf yes, please
provide an explanation
ls your allocation of costs for each budget line item affected by this change? lf so, please provide an
explanation for the revised cost allocation.
Agency Signatory:
Print Name/Signature Date
City of Giilroy Approval Date
10.A.a
Packet Pg. 126 Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
Exhibit C
Program Narrative Report
10.A.a
Packet Pg. 127 Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
County of Santa Clara Office of the District Attorney
South County Youth Task Force
FY 2019 Monthly Narrative Report
Page 1 of 2
Name: Agency:: City of Gilroy
Program: South County Youth Task Force
Phone: E-Mail:
Send Narrative form to:
baguilera@dao.sccgov.org carriola@dao.sccgov.org (invoice person) @dao.sccgov.org
7/1/19 – 9/30/19 9/1/19 – 12/31/19 1/1/20 – 3/31/20 4/1/20 – 6/30/20
7/1/20 – 9/30/20 9/1/20 – 12/31/20 1/1/21 – 3/31/21 4/1/21 – 6/30/21
Narratives are due the 15th business day of the following quarterly
1. Challenges, Discrepancies and Corrective Actions: Explain any challenges, discrepancies between
anticipated and actual services delivered for the month. State what happened, why it happened, what you are
doing to correct the situation and how the program and community has been impacted.
Activity Discrepancies and Corrective Actions
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
2. Program Highlights and Accomplishments: Discuss activities that are going particularly well and why.
3. Updates: Provide any updates regarding changes in staffing, scheduling, space, etc.
10.A.a
Packet Pg. 128 Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
County of Santa Clara Offîce of the District Attorney
South County Youth Task Force
FY 2019 Monthly Narrative Report
4. Collaborative Activities (collaboratives only): Discuss activities and developments among partner
agencies.
5. In relation to the overall budget, are grant funds being expended as planned and on schedule?
nYes DNo
If no, explain why and describe the plan to correct it.
6. Are all funded positions filled (includes the lead agency and any contracted agencies)?
n Yes tl No
If no, which grant-funded positions are unfilled, why, and what is the timeline to fill them?
7. What quality assurance methods are in place to ensure all programs/services are delivered as
intended and with fidelity to the approaches described in your original proposal?
8. If applicable, describe any funded trainings that occurred during the repoÉing period. Include
the date(s), number of attendees and list of participating agencies.
9. Additional comments: Provide comments or feedback to District Attorney's Department staff
Page2 of 2
10.A.a
Packet Pg. 129 Attachment: SCYTF Service Agreement (2734 : SCYTF Fund 227 Resolution)
RESOLUTION NO. 2020-XX
RESOLUTION NO. 2020-XX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GILROY AMENDING THE BUDGET FOR
THE CITY OF GILROY FOR FISCAL YEAR 2019-2020
AND FISCAL YEAR 2020-2021 IN THE GANG
PREVENTION/INTERVENTION FUND AND
APPROPRIATING PROPOSED EXPENDITURE
AMENDMENTS
WHEREAS, the City Administrator prepared and submitted to the City Council a budget
for the City of Gilroy for Fiscal Years 2019-2020 and 2020-2021, and the City Council carefully
examined, considered and adopted the same on June 3, 2019; and
WHEREAS, City Staff has prepared and submitted to the City Council a proposed
amendment to said budget for Fiscal Year 2019-2020 and 2020-2021 for the City of Gilroy in the
staff report dated April 20, 2020 for the Gang Prevention/Intervention Fund; and
WHEREAS, the City Council has carefully examined and considered the same and is
satisfied with said budget amendments.
NOW, THEREFORE, BE IT RESOLVED THAT appropriations in the Gang
Prevention/Intervention Fund, Fund 227, is hereby increased by $40,000 for Fiscal Year 2019-
2020 and $180,000 for Fiscal Year 2020-2021.
PASSED AND ADOPTED this 20th day of April 2020 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
___________________________
ATTEST: Roland Velasco, Mayor
_________________________
10.A.b
Packet Pg. 130 Attachment: Fund 227 Resolution FY20 (2734 : SCYTF Fund 227 Resolution)
RESOLUTION NO. 2020-XX
Shawna Freels, City Clerk
10.A.b
Packet Pg. 131 Attachment: Fund 227 Resolution FY20 (2734 : SCYTF Fund 227 Resolution)
City of Gilroy
STAFF REPORT
Agenda Item Title: Consideration of the Transfer of Santa Clara Valley Transportation
Authority (VTA) Measure B Obligated Funds from the Buena Vista
Interchange to the 10th Street/SR 152 Interchange Improvements
Meeting Date: April 20, 2020
From: Jimmy Forbis, Interim City Administrator
Department: Public Works Department
Submitted By: Girum Awoke
Prepared By: Girum Awoke
Gary Heap
Strategic Plan Goals
Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Receive report and provide direction to staff.
BACKGROUND
On November 8, 2016, a 30-year half-cent transportation sales tax measure, referred to
as 2016 Measure B, was approved by Santa Clara County voters. The implementation
of the Measure was delayed due to a legal challenge. On January 23, 2019, the last of
the legal challenges to the Measure were exhausted, allowing the Valley Transportation
Authority (VTA) to proceed with the implementation of the program.
The following are Measure B program areas that are relevant to Gilroy:
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Bicycle / Pedestrian
Caltrain Corridor Capacity Improvements
County Expressways
Highway Interchanges
Local Streets & Roads (LS&R)
Transit Operations
The first of the available LS&R funds will be utilized in the upcoming Capital Pavement
Maintenance project. Measure B will also be available to fund programs and projects
such as the Lions Creek Trail, the second phase of West Llagas trail, and the trail
between Long Meadow and Fitzgerald.
ANALYSIS
The Measure B Highway Interchanges category includes three projects in the Gilroy
area: US 101/SR 152 10th Street ramp and intersection improvements, US 101/Buena
Vista Avenue interchange, and US 101/SR 25 interchange improvements. While VTA is
currently managing the US 101/SR 25 interchange improvements project through the
Mobility Partnership (a coalition of elected officials from Gilroy, Morgan Hill and San
Benito County), the City of Gilroy is the lead agency on all the other projects. To date,
the VTA has allocated $1,000,000 for the US 101/Buena Vista interchange project
activities for future reimbursement of costs associated with any design and pre -design
activities.
Given the urban growth boundary measure (Measure H) that passed in Gilroy in
November 2016, which will make the US 101/Buena Vista interchange not as effective
as previously anticipated, staff explored a more effective use of the Measure B funds in
the next few years. Subsequently, staff determined that more funds should be directed
to the US 101/SR 152 10th Street ramp and intersection improvements for the following
reasons:
1. Traffic congestion – the 10th street corridor is one of the main east-west
thoroughfares in the city which provides complete access to the US 101 freeway.
This corridor serves both local and regional traffic and experiences heavy levels
of congestion, particularly in the morning and evening peak hours. More
immediate improvements to this interchange will not only improve traffic flow
along 10th street but also on the US 101 mainline.
2. Economic development – 10th Street/US 152 east is also the gateway to one of
the main commercial activity centers in the city including Wal-Mart, Costco,
Target, Best Buy and numerous retail destinations, restaurants, gas stations etc.
In addition, there are several commercial parcels east of the US 101/SR 152
interchange that have not yet been developed and are partly delayed due to the
potential traffic impact mitigations required, including but not limited to the
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widening of the 10th Street overcrossing bridge and ramp improvements. Any
additional funding that may be available for improving this interchange will reduce
the mitigation required of these future developments, thereby fostering more
enhanced economic development activity in the city.
3. Traffic Impact Fee (TIF) funds: the City’s Transportation System Master Plan
identifies the 10th Street bridge over US 101 with an estimated allocation of
approximately $3,500,000 towards this project. The total estimated cost for this
interchange improvement is estimated to range from $20 million to $25 million.
Though the amount in the TIF is not sufficient to build the entire project, it will
nonetheless pay for a portion of the project in concert with other funding sources.
Conversely it is likely that the upcoming Transportation Master Plan update (after
completion of the General Plan 2040 update) will have a much reduced scope for
the Buena Vista interchange given that the Urban Growth boundary limits
development to the south of Buena Vista.
FISCAL IMPACT/FUNDING SOURCE
Council’s direction to reallocate the currently available $1 million of SB-1 funding from
the Buena Vista Interchange to the US 101/SR 152 10th Street interchange
improvements would not result in any new financial impacts to the City.
NEXT STEPS
Based on Council direction, staff will prepare a resolution for future Council adoption for
the City Administrator to request VTA to re-direct currently available funds to the US
101/SR 152 10th Street interchange improvements project.
PUBLIC OUTREACH
Information regarding project activities and impacts will be coordinated with the City’s
Community Engagement Office to provide appropriate messaging and outreach.
10.B
Packet Pg. 134
City of Gilroy
STAFF REPORT
Agenda Item Title: Consideration of Project and Program Options to Expend $275, 486
of Funding Under the Coronavirus Aid, Relief, and Economic
Security (CARES) Act
Meeting Date: April 20, 2020
From: Jimmy Forbis, Interim City Administrator
Department: Community Development Department
Submitted By: Karen Garner
Prepared By: Karen Garner
Sue O'Strander
Strategic Plan Goals
Fiscal Stability
☐ Downtown
Revitalization
Economic
Development
Neighborhood Services
☐ Enhanced Public
Safety
☐ Workforce Stability ☐ Public Engagement
RECOMMENDATION
Receive report and provide direction to staff.
EXECUTIVE SUMMARY
In response to the recent novel coronavirus (COVID-19) pandemic, President Trump
signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act into law on
March 27, 2020. This relief package will provide needed assistance across the country.
Through the U.S. Department of Housing and Urban Development (HUD), a portion of
the funds are being awarded through existing grant programs, including the Community
Development Block Grant (CDBG), of which Gilroy participates.
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HUD has notified the City of Gilroy of a special allocation from the CARES Act in the
amount of $275,486.
POLICY DISCUSSION
Where is the greatest need for this additional funding, and how can these monies be
distributed to best benefit Gilroy during the COVID-19 crisis?
BACKGROUND
A total of $5 billion will be available in CDBG funds nationwide. At this time, HUD is
immediately allocating $2 billion to jurisdictions, based on the fiscal year (FY) 2020
CDBG formula. Eligibility and distribution of subsequent funds are not known at this
time, however staff anticipates additional monies in the summer of 2020 based on HUD
guidance thus far.
In a letter from HUD, dated April 2, 2020, Gilroy received notification of the pending
CARES Act allocation in the amount of $275,486 (see attached). Use of these funds
must directly aid the community as a result of the current COVID-19 crises. Information
from HUD indicates receipt of the funds should occur within 45 days of the CARES Act
enactment date. HUD has advised to not wait for these funds to arrive and has issued
guidance on how to proceed immediately in an effort to get these funds into
communities as quickly as possible.
The CARES Act funding is supported by special guidance for expeditious and timely
implementation to ensure grantees can quickly provide needed aid in communities.
Specifically, the typical 30-day public comment and public hearing (required as part of
Gilroy’s public participation plan) can be waived and reduced to a 5-day period upon
approval of the request. Also, public hearings can be conducted virtually rather than
‘live’. An added flexibility of this funding is the removal of the 15% cap on public
services. In addition, the funds can be used to reimburse monies already spent on
eligible activities/projects.
Distribution of CARES Act funding will require an amendment to the FY 19/20 Action
Plan. The amendment should identify the activities or projects that will receive the
funding. Staff has already submitted a waiver request to HUD to reduce the public
participation period, from 30 days to 5 days. The waiver request was accepted and,
upon completion of the 5-day public comment period, the City Council can then take
action to approve an amendment and allocate the funds.
CONSIDERATIONS
While evaluating possible recipients of the CARES Act funds, Council should also
consider program requirements relating to fund distribution, community impact, and
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recipient experience with federal reporting requirements and the organization’s ability to
comply.
Fund Distribution
Although the amount of $275,486 is not a large sum , it is a much needed resource that
can assist many community members to address the current crisis. The limited funding
can be impactful and effective in Gilroy if the distributions are not spread too thin.
Granting larger allocations to fewer recipients may be more effectual to combat the
pandemic and Gilroy’s community needs.
Potential Activities/Projects
To initiate discussion pertaining to potential activities and projects that may best benefit
from the additional funding, staff is providing a summary of programs proposed for
funding by other agencies. At the time of the staff report preparation, staff has been
informed that specific guidelines for the funds are still in process, but have not yet been
published. The key factor is that the CARES Act funds must be dispersed in a
manner to directly aid the community to prevent, prepare for and/or respond to
the COVID-19 pandemic.
This list is not intended to be comprehensive, but rather, to generate discussion to
determine Gilroy’s greatest needs and the most beneficial use of the funding to address
the COVID-19 crisis. For some of these items, additional research may be needed to
fully understand the need and/or potential impact the funding could provide:
1. Rent Relief Program: Many agencies around the Bay Area have identified rent
relief as a significant need resulting from the COVID-19 pandemic. This
emergency funding allows up to three consecutive months of rent subsidies for
those who have lost income/employment due to COVID-19. Calculations using
an average monthly rent of $2000, the CARES Act fund could assist an
estimated 40-50 Gilroy households.
2. Reimbursement of COVID-19 Efforts: Reimbursement of funds is a unique
allowance under this crisis program. For example, at the April 6, 2020 Council
meeting action was taken to support several local community groups for their
response to the COVID-19 pandemic. This fund could be used to cover the costs
for efforts directly related to the current crisis. Also, many of those recipients are
already familiar with the CDBG or HTF programs.
3. Food distribution. This is already occurring, but there may be populations that are
not adequately served or the need may be greater than anticipated .
4. Temporary shelters/housing.
5. Housing or services for homeless to increase social distancing and preventing
spread in homeless encampments.
6. Housing or services for seniors.
7. Purchasing emergency equipment (this may qualify as a reimbursable program
activity).
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Recipient Experience
As with all federal monies, compliance with reporting and justification requirements can
be expected. The CARES Act funds are specifically allocated to address the COVID-19
pandemic. Based on CDBG requirements, it’s anticipated that some information that
may be required from each potential recipient, would include:
Is the program or activity already in place and expanding due to COVID-19, or is
this a new program due to COVID-19?
Who their target beneficiaries are for each program and an explanation of how
these people have been impacted by the virus?
How many persons are they proposing to assist?
How much money are they requesting?
How soon would the program be ready to begin, or is it already under way?
Due to the detailed federal reporting requirements, selection of programs by recipients
that currently receive CDBG or local HTF funding recipients would be easiest to provide
additional CARES funding. These programs are already familiar with the detailed
reporting and data monitoring requirements, and an increase or expansion to their
existing services would likely be more expeditious and efficient.
Alternatively, working with recipients with no prior experience with federal reporting may
result in delayed infusion of the monies into the community. There would be more lead
time for training and monitoring by City staff. The applicant would also need to commit
themselves to understanding and adhering to the federal requirements to ensure the
funds are utilized appropriately. We would anticipate HUD to monitor these funds in the
future as they have stressed transparency. This does not negate such options, but
rather is just a factor that should be considered, as it relates to the timeliness of needed
support.
ALTERNATIVES
The City Council may choose to not utilize the CARES Act funding. However, there
would be no benefit to this alternative. So long as the money is used t o support
community needs directly related to COVID-19, there is no repayment or penalties
related to distribution of such funds.
FISCAL IMPACT/FUNDING SOURCE
Funding in the amount of $275,486 has been allocated by the federal government
specifically for Gilroy as part of the CARES Act to address community needs directly
related to COVID-19.
NEXT STEPS
Upon Council direction on types of projects, activities or programs, staff would initiate
the 5-day public comment and notice period. Staff would then prepare an amendment to
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the FY19/20 Action Plan with final recommendations, for approval at the next Council
meeting. At the soonest, this item could be presented to Council on May 4, 2020.
Attachments:
1. CARES Award Letter (received from HUD April 7, 2020)
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-7000
ASSISTANT SECRETARY FOR
COMMUNITY PLANNING AND DEVELOPMENT
www.hud.gov espanol.hud.gov
April 2, 2020
The Honorable Roland Velasco
Mayor of Gilroy
7351 Rosanna Street
Gilroy, CA 95020-6196
Dear Mayor Velasco:
I am pleased to inform you of a special allocation to your jurisdiction of Community
Development Block Grant funds to be used to prevent, prepare for, and respond to the coronavirus
(COVID-19). This allocation was authorized by the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act), Public Law 116-136, which was signed by President Trump on March
27, 2020, to respond to the growing effects of this historic public health crisis.
The CARES Act made available $5 billion in Community Development Block Grant
Coronavirus (CDBG-CV) funds. Of this amount, the Department is immediately allocating $2
billion based on the fiscal year 2020 CDBG formula. The remaining $3 billion shall be allocated
based on needs using best available data, in the following tranches: $1 billion shall be allocated to
States and insular areas within 45 days of enactment of the Cares Act, and $2 billion shall be
distributed to states and local governments at the discretion of the Secretary. Up to $10 million will
be set aside for technical assistance. Given the immediate needs faced by our communities, the
Department has announced the first allocation of funds. Your jurisdiction’s allocation is $275,486.
The CARES Act adds additional flexibility for both the CDBG-CV grant and, in some cases,
for the annual FY2020 CDBG grants in these unprecedented times. The public comment period is
reduced to not less than 5 days, grantees may use virtual public hearings when necessary for public
health reasons, the public services cap is suspended during the emergency, and States and local
governments may reimburse costs of eligible activities incurred for pandemic response regardless of
the date.
In addition, the CARES Act authorizes the Secretary to grant waivers and alternative
requirements of statutes and regulations the Secretary administers in connection with the use of
CDBG-CV funds and fiscal year 2019 and 2020 CDBG funds (except for requirements related to
fair housing, nondiscrimination, labor standards, and the environment). Waivers and alternative
requirements can be granted when necessary to expedite and facilitate the use of funds to prevent,
prepare for, and respond to coronavirus.
The Department is developing a notice that will further describes the CARES Act’s
provisions, a Quick Guide to the CARES Act flexibilities and other provisions, and other resources
to enable swift implementation of CDBG-CV grants. As these become available, they will be
10.C.a
Packet Pg. 140 Attachment: CARES Award Letter (received from HUD April 7, 2020) (2742 : CARES Act Funding Availability)
posted on HUD’s website and distributed to grantees. The Department will also support grantees
with technical assistance.
As you develop your plan for the use of these grant funds, we encourage you to consider
approaches that prioritize the unique needs of low- and moderate–income persons and the
development of partnerships between all levels of government and the private for-profit and non-
profit sectors. You should coordinate with state and local health authorities before undertaking any
activity to support state or local pandemic response. CDBG-CV grants will be subject to oversight,
reporting, and requirements that each grantee have adequate procedures to prevent the duplication
of benefits. HUD will provide guidance and technical assistance on DOB and regarding prevention
of fraud, waste, and abuse and documenting the impact of this program for beneficiaries.
The Office of Community Planning and Development (CPD) is looking forward to working
with you to successfully meet the urgent and complex challenges faced by our communities. If you
or any member of your staff has questions, please contact your local CPD Field Office Director or
CPDQuestionsAnswered@hud.gov.
Sincerely,
John Gibbs
Acting Assistant Secretary
for Community Planning and Development
U.S. Department of Housing and Urban Development
10.C.a
Packet Pg. 141 Attachment: CARES Award Letter (received from HUD April 7, 2020) (2742 : CARES Act Funding Availability)