City of Morgan Hill - Staff Services for Stormwater Permitting and EnvironmentalDUPUCATE
Original Maintained by
City Clerk's Office
AGREEMENT FOR PROVIDING STAFF SERVICES FOR THE IMPLEMENTATION
OF STORMWATER PERMITTING REQUIREMENTS AND ENVIRONMENTAL
SERVICES TO THE CITY OF GILROY ],
This Mjf_C,rN eem nt ( "AGREEMENT ") is made and entered into this I�1t� day of
, 2015 ( "EFFECTIVE DATE "), by and between the CITY OF
GILROY, a municipal corporation ( "GILROY"), and the City of MORGAN HILL, a
municipal corporation ( "MORGAN HILL ").
RECITALS
WHEREAS, MORGAN HILL and GILROY have previously adopted a Joint Regional
Storm Water Management Plan (SWMP) which was accepted by the Central Coast
Regional Water Quality Control Board as the implementation document for the Joint
Phase II Municipal Storm Water Permit and cooperated extensively in the
implementation of the SWMP; and
WHEREAS, the State Water Resources Control Board adopted General Permit No.
CAS000004 (Waste discharge requirements for storm water discharges from small
municipal separate storm sewer systems) (General Permit) on February 5, 2013; and
WHEREAS, the General Permit institutes significant new regulatory requirements that
the cities must comply with and both MORGAN HILL and GILROY have budgeted for
increased staff resources in order to comply with the General Permit's requirements;
and
WHEREAS, MORGAN HILL is hiring a new staff person to implement measures to
comply with the General Permit requirements and MORGAN HILL and GILROY agree
that it would be most cost efficient for all parties for MORGAN HILL to share the staff
person with GILROY; and
WHEREAS, GILROY and MORGAN HILL have agreed that MORGAN HILL will provide
one half -time staff position to GILROY and that GILROY will reimburse MORGAN HILL
for MORGAN HILL's costs incurred to employ this position and carry out this work in the
amount of one -half of the actual costs to MORGAN HILL for the position; and
WHEREAS, GILROY and MORGAN HILL have agreed that MORGAN HILL will provide
part-time management services to GILROY in the areas of solid waste management
and stormwater pollution prevention and that GILROY will reimburse MORGAN HILL for
MORGAN HILL's costs incurred in providing management services.
NOW, THEREFORE, in consideration for the mutual promises and agreements set forth
herein, the parties hereby agree as follows:
SECTION 1. PURPOSE; DELEGATION.
The purpose of this AGREEMENT is to promote efficiency and an economy of
operations and resources in complying with the requirements of the General Permit
adopted by the State of California. To achieve this end, MORGAN HILL will provide a
one -half time staff resource to GILROY to support GILROY'S activities to comply with
the General Permit and, in addition, shall provide management services relating to solid
waste management, stormwater pollution prevention, and environmental services as set
forth in Exhibit "A" (which is attached hereto and incorporated herein), subject to and in
accordance with this AGREEMENT. Exhibit "A" may be amended from time to time by
the written consent of all parties to this AGREEMENT.
SECTION 2. TERM.
This AGREEMENT shall become effective as of the EFFECTIVE DATE and shall
terminate on June 30, 2019, unless this AGREEMENT is amended or GILROY or
MORGAN HILL exercises the right to terminate this AGREEMENT pursuant to Section
7 of this AGREEMENT, below.
SECTION 3. STATEMENT OF COSTS.
GILROY shall reimburse MORGAN HILL for all costs incurred by MORGAN HILL
pursuant to this AGREEMENT, which may include, but are not limited to, direct costs for
labor and benefits and training and travel expenses. The estimated costs to MORGAN
HILL of the resources provided by MORGAN HILL to GILROY pursuant to this
AGREEMENT are shown in EXHIBIT "B," which is attached hereto. These estimates
are for budgetary purposes only and are not intended to limit the parties' obligations
under this AGREEMENT. MORGAN HILL shall use all funds paid to MORGAN HILL by
GILROY pursuant to this AGREEMENT solely for providing staff services to GILROY.
The contribution of GILROY to MORGAN HILL under this Agreement shall not exceed
$54,441 for FY 2014/2015; $94,614 for FY 2015/2016; $100,750 for FY 2016/2017;
$107,341 for FY 2017/18; and $114,423 for FY 2018/2019 unless MORGAN HILL has
notified GILROY that the estimated amounts will not be adequate to reimburse
MORGAN HILL for actual costs and GILROY agrees that an increase in the amount is
warranted.
SECTION 4. PAYMENT FOR SERVICES.
MORGAN HILL will invoice GILROY bi- annually for costs incurred to provide staff
services for the previous six (6) months by sending GILROY an invoice. Invoices shall
be sent out by April 30 (for the January-June period) and by October 31 (for the July —
December period) of each year. GILROY shall pay MORGAN HILL the amounts
invoiced within forty -five (45) days of their receipt of such invoices.
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SECTION 5. INDEMNIFICATION.
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be
imposed between the parties to this AGREEMENT pursuant to Government Code
Section 895.6, the Parties agree that all losses or liabilities incurred by a party shall not
be shared pro rata, but instead, pursuant to Government Code Section 895.4, each of
the parties hereto shall fully indemnify and hold each of the other parties, its officers,
board members, employees and agents, harmless from any claim, expense or cost,
damage or liability imposed for injury (as defined by Government Code Section 810.8)
occurring by reason of the negligent acts or omissions or willful misconduct of the
indemnifying party, its officers, board members, employees or agents, under or in
connection with or arising out of any work, authority or jurisdiction delegated to such
party under this Agreement. No party, nor any officer, board member, employee or
agent thereof shall be responsible for any damage or liability occurring by reason of the
negligent acts or omissions or willful misconduct of other parties hereto, their officers,
board members, employees or agents, under or in connection with or arising out of any
work, authority or jurisdiction delegated to such other parties under this Agreement.
SECTION 6. RECORDS.
MORGAN HILL shall keep itemized and detailed work or job records of all costs
incurred and services rendered pursuant to this AGREEMENT. MORGAN HILL shall
maintain these records for a minimum period of three (3) years, or for any longer period
required by law, following the performance of-any services.
SECTION 7. TERMINATION.
A. MORGAN HILL or GILROY may terminate this AGREEMENT as of the first day
of July of any year by giving notice to the other party not less than ninety (90)
days prior to the July 1.
B. If MORGAN HILL fails to perform any of its material obligations under this
AGREEMENT, then, in addition to all other remedies available by law, GILROY
may terminate this AGREEMENT immediately upon written notice to MORGAN
HILL.
C. The MORGAN HILL City Manager, or his delegatee or designee, is authorized to
terminate this AGREEMENT on behalf of MORGAN HILL.
D. The GILROY City Administrator, or his delegatee or designee, is authorized to
terminate this AGREEMENT on behalf of GILROY.
E: In the event of termination, MORGAN HILL shall deliver to GILROY copies of all
reports, documents, or other data generated by MORGAN HILL for or under this
AGREEMENT. GILROY shall be responsible for payment to MORGAN HILL of
the cost of any services properly rendered in accordance with this Agreement
prior to termination within 30 days of termination.
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SECTION 8. AMENDMENTS.
This AGREEMENT may be modified only by a written amendment duly executed by the
parties to this AGREEMENT.
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No party to this AGREEMENT shall discriminate, in any way, against any person on the
basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender
identity, disability, ethnicity, or national origin, in connection with or related to the
performance of this AGREEMENT.
SECTION 10. ASSIGNABILITY.
MORGAN HILL acknowledges and understands that the expertise and experience of
MORGAN HILL is a material consideration inducing GILROY to enter into this
AGREEMENT. MORGAN HILL may not assign nor transfer any interest in this
AGREEMENT, nor the performance of any of its duties and responsibilities under this
AGREEMENT, without the prior written consent of GILROY. Any attempt by MORGAN
HILL to so assign or transfer this AGREEMENT or the performance of any of MORGAN
HILL'S duties and responsibilities under this AGREEMENT shall be null and void and of
no force or effect.
SECTION 11. NOTICES.
All notices and other communications required or allowed to be given under this
AGREEMENT to a party shall be in writing and shall be personally served or mailed,
postage prepaid and return receipt requested, addressed to the respective party as
follows:
GILROY City of Gilroy
7351 Rosanna Street
Gilroy, California 95020
Attention: CITY ADMINISTRATOR
MORGAN HILL: City of Morgan Hill
17575 Peak Avenue
Morgan Hill, California 95037
Attention: CITY MANAGER
SECTION 12. GOVERNING LAW.
The law governing this AGREEMENT shall be that of the State of California.
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SECTION 13. VENUE.
If suit is brought under this AGREEMENT, venue shall be vested exclusively in the state
courts of the State of California, County of Santa Clara, or, if federal jurisdiction is
appropriate, exclusively in the United States District Court, Northern District of
California, San Jose, California.
SECTION 14. COMPLIANCE WITH LAWS.
All parties to this AGREEMENT shall comply with all applicable laws, rules, regulations,
codes and ordinances of the federal, state and local governments in the performance of
the SERVICES and its other duties and obligations under this AGREEMENT.
SECTION 15. OWNERSHIP OF MATERIALS.
All reports, documents, photographs, or other materials generated by MORGAN HILL or
other person engaged directly or indirectly by MORGAN HILL to perform the work set
forth herein shall be and remain the joint property of GILROY and MORGAN HILL.
SECTION 16. WAIVER.
Each party to this AGREEMENT agrees that the waiver by any party of any breach or
violation of any term or condition of this AGREEMENT shall not be deemed to be a
waiver of any other term or condition contained herein or a waiver of any subsequent
breach or violation of the same or any other term or condition of this AGREEMENT.
The acceptance by any party of the performance of the services performed by GILROY
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or any other work or service under this AGREEMENT shall not be deemed to be a
waiver of any term or condition of this AGREEMENT.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the
EFFECTIVE DATE first set forth above.
GILROY
APPROVED AS TO FORM: CITY OF GILROY,
a unicipal corporation
L' n Thomas J. aglund
City Attorney City Administrator
�i
ATTEST:
ShawwJ Freels
City Clerk
MORGAN HILL
APPROVED AS TO FORM:
Rene r a
City Attorney
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CITY OF MORGAN HILL,
a municipal corporation
Steve Ryme
City Manager
EXHIBIT A
DESCRIPTION OF STAFF RESOURCES TO BE PROVIDED AND TERMS RELATED
TO ADMINISTERING STAFF RESOURCE
The purpose of this Exhibit is to describe the work anticipated to be conducted under
this AGREEMENT and the general terms relating to the employment of the staff
resources (STAFF) provided under this AGREEMENT.
1. Work Locations - The primary office location for STAFF shall be MORGAN
HILL's offices. If desired by GILROY and if GILROY provides a reasonable work
location, STAFF shall work in GILROY offices and attend meetings and work
directly with customers in GILROY. The scheduling of STAFF's work in GILROY
can be designed to provide both regular office hours and flexibility to work in
GILROY at additional times as desired. STAFF scheduling shall be arranged
through the MORGAN HILL manager.
2. Management and Supervision - MORGAN HILL shall provide primary
management and supervision of STAFF. MORGAN HILL shall communicate
monthly with GILROY to ensure that STAFF is providing expected services to
GILROY. Any and all disciplinary activities, if needed, shall be conducted solely
by MORGAN HILL with costs thereof shared equally by GILROY.
3. Recruitment and Hiring - MORGAN HILL will conduct the recruitment,
administer interviews, and complete background analysis to employ STAFF, with
costs thereof to be shared equally by GILROY. GILROY shall be invited to
participate in the interview and._,selection process.
4. General Description of Work Activities - While it is understood that the work
associated with this AGREEMENT is dynamic and may fluctuate over time
depending on General Permit requirements and GILROY's interests, the
following general work activities are expected to be core activities under the
AGREEMENT:
a. Track program accomplishments and work activities to develop related
reports.
b. Evaluate the water quality elements of development plans and provide
comments to GILROY staff and development applicants..
c. Conduct public education and outreach activities.
d. Assist GILROY staff in identifying other General Permit requirements to be
completed by other GILROY departments.
5. Management Services - MORGAN HILL will provide management services to
GILROY relating to solid waste management, stormwater pollution prevention,
and environmental services. These services will include, but not be limited to,
preparing annual regulatory reports recording solid waste diversion, interacting
with state and local representatives on GILROY's behalf, representing GILROY
at regional meetings, and responding to queries from GILROY staff on a variety
of environmental programs.
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, v
EXHIBIT B
COST ESTIMATE
-7
16
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1 1
16-17 17- 18
118-19 1
'Staff (50% FTE) $25,1541
$62,886.1
$68,011F
$73,5541 $79,5491
Indirect Service Charges
1 $6741
$1,684F
—
$1,8211
$1,9701
$2,130
(Training
$200!
$500
$500
,Cell Phone
$72i
$1801
$1801
$1801
$180
Mileage Reimbursement,
$2501
$2501
$2501
$2501
jTotal Half Time Staff
1 $26,2001
$65,5001
$70,7621
$76,4541
$82,6091
Management Staff (12% FTE) $27,504�
$28,3551
.$29,2061
$30,082;
$30,984;
Indirect Service Charges $7361 $75
$7821
$8051
$8291
(Total Management $28,2411
$29,1141
$29,9871
L��O, 8871
$3,1
jTotal $54,4411
$94,6141
$109,750j
r$107,3411
$114,423]
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costs for 14/15 are estimated for 40% of the fiscal yea r for the staff positi
on
land 100% of the fiscal yearforthe management position
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