Morgan Hill - 2016 AgreementAGREEMENT BETWEEN THE CITY OF MORGAN HILL AND THE CITY OF GILROY
FOR PROVIDING DETECTIVE SERVICES FOR GILROY'S FELONY DOMESTIC
VIOLENCE VICTIMS
This Agreement ( "Agreement ") is made and entered into this '19rd day of
P 61,I_A!,f, r1 t , 2016 ( "Effective Date "), by and between the City of Morgan Hill,
a municipal corporation ( "Morgan Hill "), and the City of Gilroy, a municipal corporation
( "Gilroy "). Morgan Hill and Gilroy may be referred to individually as a "Party" and
collectively as the "Parties."
RECITALS
WHEREAS, Morgan Hill has been the recipient of a federal domestic violence grant (the
"Federal Grant ") since 2008; and
WHEREAS, most of the Federal Grant went toward Morgan Hill's domestic violence
detective's ( "Detective ") salary; and
WHEREAS, the Federal Grant allowed Detective to become certified in the Lethality
Assessment for First Responders; and
WHEREAS, the Federal Grant was not renewed for 2014; and
WHEREAS, in July 2014, Morgan Hill became a sub - recipient of a state domestic
violence grant (the "State Grant ") in partnership with Community Solutions, a local non-
profit dedicated to helping victims of domestic violence ( "Community Solutions "); and
WHEREAS, some of the State Grant is going toward Detective's salary; and
WHEREAS, part of the State Grant provides that Detective will provide investigation and
follow up to Gilroy's felony domestic violence victims; and
WHEREAS, Gilroy and Morgan Hill have agreed that Morgan Hill should be
compensated for Detective's time, expertise, and case load serving Gilroy's felony
domestic violence victims.
NOW, THEREFORE, in consideration for the mutual promises and agreements set forth
herein, the Parties hereby agree as follows:
SECTION 1. PURPOSE.
The purpose of this Agreement is to set forth the manner in which Gilroy will
compensate Morgan Hill for providing Morgan Hill's uniquely qualified Detective's
services of follow up and investigation of felony domestic violence cases to Gilroy.
SECTION 2. TERM
This Agreement shall become effective as of the Effective Date and shall terminate on
June 30, 2017, 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. DETECTIVE'S SCOPE OF WORK
Morgan Hill has partnered with Gilroy, Community Solutions, the Step Forward
Foundation and the County of Santa Clara to form the South County Family Justice
Center, a multi- disciplinary service center which provides multiple services to domestic
violence victims in Morgan Hill and Gilroy. Detective will be the primary liaison between
Morgan Hill's Police Department and the South County Family Justice Center's partner
agencies.
Detective will be assigned to the South County Family Justice Center one (1) day per
week to meet with domestic violence victims as needed. Detective will be responsible
for investigating and providing follow up on misdemeanor and felony domestic violence
related cases in Morgan Hill and investigating and providing follow up on felony
domestic violence related cases in Gilroy. Detective will also address the safety needs
of victims of domestic violence, dating violence, or stalking using the training completed
by Detective in the Lethality Assessment for First Responders.
Detective will also 1) follow up with victims, letting them know the status of the
investigation, 2) work closely with Community Solutions' Victim Advocates to coordinate
services for victims, 3) present domestic violence cases to the Santa Clara County
District Attorney's Office for prosecution, and 4) provide relevant training to Morgan
Hill's and Gilroy's Police Officers assigned to Patrol on domestic violence issues,
prosecution, restraining order violations, victim support and referrals, the Santa Clara
County Domestic Violence Protocol, and Lethality Assessment for First Responders.
SECTION 4. PAYMENT FOR SERVICES.
Gilroy shall contribute to Morgan Hill thirty five thousand dollars ($35,000.00) for Fiscal
Year 2015/2016 and thirty five.thousand dollars ($35,000.00) for Fiscal Year 2016/2017.
Morgan Hill shall use all funds paid to Morgan Hill by Gilroy pursuant to this Agreement
solely for Detective's salary and benefits.
Morgan Hill will invoice Gilroy annually for each subsequent Fiscal Year by sending
Gilroy an invoice by July 30th of each year. For example, Morgan Hill shall invoice
Gilroy no later than July 30, 2015 for Gilroy's contribution for Fiscal Year 2015 - 2016.
Gilroy shall pay Morgan Hill the amounts invoiced within forty -five (45) days of receipt of
such invoices.
Detective shall at all times be and remain an employee of Morgan Hill, which shall direct
the work of Detective. Notwithstanding the indemnification paragraph set forth in
Section 5 below, Morgan Hill shall defend, indemnify and hold harmless Gilroy from any
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claims by Detective or any governmental agencies relating to or arising. solely out of
Detective's status as an employee of Morgan Hill, including, without limitation, payment
of salary and any non - monetary compensation, as well as all benefits.
If this Agreement is terminated, then any portion of payment that Morgan Hill has
received from Gilroy hereunder that has not already been used to pay Detective's salary
or benefits shall be promptly refunded by Morgan Hill to Gilroy.
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 either 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 the other Party, 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 the other Party, its officers, board members,
employees or agents, under or in connection with or arising out of any work, authority or
jurisdiction delegated to the other Party under this Agreement.
SECTION & RECORDS.
Morgan Hill shall keep itemized and detailed record of work performed by Detective for
Gilroy's felony domestic violence victims. 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 for the following Fiscal Year
as of the first day of July by giving notice to the other Party not less than ninety
(90) days prior to 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. If Gilroy fails to perform any of its material obligations under this Agreement,
then, in addition to all other remedies available by law, Morgan Hill may terminate
this Agreement immediately upon written notice to Gilroy.
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D. Morgan Hill's City Manager, or his designee, is authorized to terminate this
Agreement on behalf of Morgan Hill.
E. Gilroy's City Administrator, or his designee, is authorized to terminate this
Agreement on behalf of Gilroy.
F. 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
rendered in pursuant to this Agreement prior to termination within thirty (30) days
of termination. This Section (71) shall survive termination of this Agreement.
SECTION 8. AMENDMENTS.
This Agreement may be modified only by a written amendment duly executed by the
Parties to this Agreement.
SECTION 9. NONDISCRIMINATION.
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. 'NO ASSIGNMENT.
Morgan Hill acknowledges and understands that the expertise and experience of
Detective 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 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
rd
Morgan Hill: City of Morgan Hill
17575 Peak Avenue
Morgan Hill, California 95037
Attention: City Manager
SECTION 12. GOVERNING LAW AND VENUE.
The law governing this Agreement shall be that of the State of California. 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 13. COMPLIANCE WITH LAWS.
The 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 14. WAIVER.
Each Party to this Agreement agrees that the waiver by either 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 either Party of the performance of the services performed by Morgan Hill 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. M
SIGNATURES ON THE FOLLOWING PAGE
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GILROY
APPROVED AS TO FORM:
Andrew L. aber
Acting City Attorney
MORGAN HILL
APPROVED AS TO FORM:
Gary Baum
Interim City Atto ey
Deputy City Clerk
CITY OF GILROY,
a municipal corporation
J. E ward Tewes
Interim City Administrator
CITY OF MORGAN HILL,
a municipal corporation