Regional Government Services - 2017 Agreement Amendment No. 1FIRST AMENDMENT TO AGREEMENT WITH REGIONAL GOVERNMENT
SERVICES AUTHORITY. FOR MANAGEMENT AND ADMINISTRATIVE
SERVICES
WHEREAS, the City of Gilroy, a municipal corporation ( "City "), and Regional
Government Services Authority entered into that certain agreement entitled Consulting
Services, effective on October 12, 2017, hereinafter referred to as "Original Agreement ";
and
WHEREAS, City and Regional Government Services Authority have determined it is in
their mutual interest to amend certain terms of the Original Agreement.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE
AS FOLLOWS:
1. Section 3, Compensation of Original Agreement shall be amended to read as follows:
"Payment under this Agreement shall be as provided in Exhibit "A ". In no event however
shall the total compensation paid to CONSULTANT exceed $99,999.00.
2. This Amendment shall be effective on January 16, 2018.
3. Except as expressly modified herein, all of the provisions of the Original Agreement
shall remain in full force and effect. In the case of any inconsistencies between the
Original Agreement and this Amendment, the terms of this Amendment shall control.
4. This 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 instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of
the dates set forth besides their signatures below.
CITY OF GILROY
By:
[signature]
Gabriel A. Gonzalez
[employee name]
City Administrator
[title /department]
Date:1
Date:
Approv d jo r
City Attorney
REGIONAL GOVERNMENT
SERVICES AUTHORITY
By:
[signature]
Richard H. Averett
[name]
Executive Director
[title]
4845 - 8215 -55400
MDOLINGER104706083
Exhibit A
Compensation.
1. Tees. Agency agrees to pay to RGS the hourly rates set forth in the tables below for each RGS
employee providing services to Agency, which are based in part on RGS' full cost of
compensation and support for the RGS employee(s) providing the services herein described.
RGS and Agency acknowledge and agree that compensation paid by Agency to RGS under this
Agreement is based upon RGS' costs of providing the services required hereunder, including
salaries and benefits of employees. The parties further agree that compensation hereunder is
intended to include the costs of contributions to any pensions and /or annuities for which RGS
may be obligated for its employees or may otherwise be contractually obligated.
Consequently, the parties agree that adjustments to the hourly rate shown below for "RGS Staff'
will be made for changes to the salary and /or benefits costs provided by RGS to such employee.
On July 1 of each year, RGS' hourly bill rates will be adjusted by the percentage change in the
Employment Cost Index (total compensation - not seasonally adjusted) for state and local
government workers ( "ECI ") from December of the prior year to December of the current year.
Irrespective of the movement of the ECI, RGS will not adjust its hourly rates downward; nor will
RGS adjust its hourly rates upward in excess of a two and one -half percentage (2.5 %) change
excepting instances where there was no increase in the prior year's hourly rates. In that event,
RGS will adjust its hourly rates by the full percentage change in the ECI from March of the prior
year to March of the current year.
2. Reimbursement of RGS' Administrative Cost. Agency shall reimburse RGS for overhead
as part of the hourly rate specified below, and direct external costs. Support overhead costs are
those expenses necessary to administering this Agreement, and are included in the hourly rate.
Direct external costs, including such expenses as travel or other costs incurred for the exclusive
benefit of the Agency, will be invoiced to Agency when received and without mark -up. These
external costs will be due upon receipt.
3. Terms of Payment. RGS shall submit invoices monthly for the prior month's services.
Invoices shall be sent approximately 10 days after the end of the month for which services were
performed and are due and shall be delinquent if not paid within 3o days of receipt. Delinquent
payments will be subject to a late payment carrying charge computed at a periodic rate of one -
half of one percent per month, which is an annual percentage rate of six percent, which will be
applied to any unpaid balance owed commencing 7 days after the payment due date.
Additionally, in the event the Agency fails to pay any undisputed amounts due to RGS within 15
days after payment due date, then Agency agrees that RGS shall have the right to consider said
default a total breach of this Agreement and the duties of RGS under this Agreement may be
terminated by RGS upon 5 working days' advance written notice.
Payment Address. All payments due RGS shall be paid to:
Regional Government Services Authority
PO Box 1350
Carmel Valley, CA 93924
[EXHIBIT A CONTINUES ON FOLLOWING PAGE]
Agreement for Management and Administrative Services Page 12 of 14
Between the City of Gilroy and Regional Government Services Authority October 12, 2017
AGENCY CONTACTS
Agency Billing Contact. Invoices are sent electronically only. Please provide the contact person to
whom invoices should be sent:
NAME
EMAIL
LeeAnn McPhillips
LeeAnn.McPhillips @ci.gilroy.org
Agency Insurance Contact. Please provide the contact person to whom the certificate of coverage
should be sent:
NAME
ADDRESS
LeeAnn McPhillips, HR Director
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
RGS STAFF
CLASSIFICATION HOURLY RATE*
Senior Advisor $120 to $140
`The Hourlv Rate does not include direct external costs which will be invoiced to Azencv with nn
markup. The cost of services, including reimbursement for direct external costs, shall not exceed
$49999•
Agreement for Management and Administrative Services Page 13 of 14
Between the City of Gilroy and Regional Government Services Authority October 12, 2017