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Home My WebLink AboutAgreement - City of Morgan Hill - Signed 2026-06-24City of Gilroy Agreement/Contract Tracking Today’s Date: 6/24/2026 Your Name: Pamela Brown Contract Type: Professional Services Phone Number: 408-846-0259 Contract Effective Date: (Date contract goes into effect) 6/24/2026 Contract Expiration Date: 6/30/2027 Contractor / Consultant Name and Address: City of Morgan Hill Contract Subject: (no more than 100 characters) AGREEMENT FOR PLANNING AND COORDINATION OF THE ANNUAL SOUTH COUNTY 2ND CHANCE WEEK EVENT FOR THE CITY OF GILROY Contract Amount: (Inclusive of Orig. and all amendment amounts) $8,597.00 By submitting this form, I confirm this information is complete: ☐ Procurement method per City Purchasing Policy followed (including Special Policies such as Local Vendor Preference and Wage Theft) ☐ AB339, Bargaining Group was notified on (Write ‘N/A’ if not applicable) ☐ Item is budgeted in Org/Obj 1005540-51630 ☐ Terms of the agreement (start date and completion dates or “until project completion”, cap of compensation to be paid) ☐ Scope of Services, Terms of Payment, Milestone Schedule and exhibit(s) attached ☐ W-9 (Taxpayer ID or SS#) and Contractor License # if applicable ☐ Insurance (Certificate and Endorsement Pages) ☐ Contractor/Consultant signature, name and title ☐ City Administrator or Department Head Name, City Clerk (Attest), City Attorney (Approved as to Form) Routing Steps for Electronic Signature Department Head Risk Manager City Attorney Approval as to Form City Administrator (if needed) City Clerk Attestation Docusign Envelope ID: 02A581A5-14E1-81D2-8049-6AAD4118E260 This is not a substitute for the full Purchasing Policy Goods and Services (General and Professional) Public Works * Dollar Threshold $0 - $4,999 $5,000 - $49,999 $50,000 - $99,999 $100,000 + under $220K over $220K or Design/Build projects over $1 mil Purchasing Authority Staff Department Head City Administrator City Council City Council City Council Procurement Method quote is not needed but dept is encouraged to price shop 3-quote form, Informal RFP, Cooperative, Piggyback Informal RFP, Cooperative, Piggyback Formal BID, RFP, Cooperative, Piggyback 3-quote form Formal BID, RFP, RFQ/P Documentation needed Vendor invoice 3-quote form Informal RFP Formal BID, RFP 3-quote form Formal BID, RFP, RFQ/P Obtain Bid, RFP, RFQ # from Purchasing no no yes yes no yes Advertisement required no no City website City website and newspaper no City website and newspaper Lowest bid or best value lowest bid or best value with justification lowest bid or best value with justification best value lowest bid lowest bid or best value with justification lowest bid (best value can be used for Design/Build) Payment method Pcard or check request PO or Contract PO or Contract PO or Contract PO or Contract PO or Contract Services with a value of $10,000 or more requires a written contract on City template. Contract splitting into smaller components to determine a different purchase authority is NOT ALLOWED. Term Definition 3-Quote Form What is the best price I can find by soliciting three different quotes? Request for Proposal (RFP) Here is what we wish to accomplish, the qualifications, specifications, time frames, and other requirements. How would you complete the job for us and at what price? Bid Here is exactly what we need to have done, the qualifications, specifications, time frames, and requirements that must be met. What is the price? Cooperative Contract Is there an existing contract that has been awarded as the result of a competitive procurement process that can meet our needs? Piggyback Using another agency's already negotiated pricing and terms to purchase goods/service Single Source There are multiple suppliers for this, but how can I justify purchasing from just one that I select without competition required by the municipal code? Sole Source Only one supplier exists for this good or service. How will I justify the purchase from this supplier? Public Works * New construction, alteration, major repair or improvement of any public structure, building, road or other public improvement including drainage, water, sewer systems, lighting and signaling systems. Excludes maintence required to preserve public improvement . City of Gilroy Procurement Quick Reference Docusign Envelope ID: 02A581A5-14E1-81D2-8049-6AAD4118E260 1 AGREEMENT FOR PLANNING AND COORDINATION OF THE ANNUAL SOUTH COUNTY 2ND CHANCE WEEK EVENT FOR THE CITY OF GILROY This Agreement ("AGREEMENT") is made and entered into this day of , 2026 ("EFFECTIVE DATE"), by and between the CITY OF GILROY, a municipal corporation ("GILROY"), and the CITY OF MORGAN HILL, a municipal corporation ("MORGAN HILL"), hereinafter collectively referred to as "Parties" or individually as a "Party". RECITALS WHEREAS, MORGAN HILL has planned, coordinated, and organized the Annual 2nd Chance Week Event for over two decades to benefit South Santa Clara County residents including those residing in MORGAN HILL and GILROY; WHEREAS, MORGAN HILL has established partnerships, processes, and tools, including an electronic sign-up tool, that provide planning efficiencies and community convenience for South County residents wishing to participate in the annual 2nd Chance Week event; and WHEREAS, GILROY and MORGAN HILL have agreed that MORGAN HILL will continue to lead the planning, coordination and organization of the Annual 2nd Chance Week Event and that GILROY will reimburse MORGAN HILL for MORGAN Hill's costs incurred to complete this work in the amount of one-half of the actual costs to MORGAN HILL. 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 the planning and coordination of the Annual South County 2nd Chance Week event. To achieve this end, MORGAN HILL will provide staff resources as needed to plan, coordinate, and organize the event for all of South Santa Clara County including GILROY 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, 2027, unless this AGREEMENT is amended or GILROY or MORGAN HILL exercises the right to terminate this AGREEMENT pursuant to Section 6 of this AGREEMENT, below. Docusign Envelope ID: 02A581A5-14E1-81D2-8049-6AAD4118E260 2 SECTION 3. STATEMENT OF COSTS. GILROY shall reimburse MORGAN HILL in a lump sum amount for an estimated one half of the total costs incurred by MORGAN HILL to plan, organize and coordinate the 2nd Chance Week event pursuant to this AGREEMENT which includes direct costs for staff labor and benefits, ad placements, updates to the online sign-up tool, 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. The contribution of GILROY to MORGAN HILL under this AGREEMENT shall be a lump sum amount of $8,597 for implementation of the 2026 2nd Chance Week event. This AGREEMENT may be extended for one additional year at Gilroy’s request, at the quoted cost plus a three percent (3%) increase, for the same level of services described in Exhibit A. SECTION 4. PAYMENT FOR SERVICES. MORGAN HILL will invoice GILROY in July 2026 in a lump sum amount for costs incurred to plan, coordinate, and organize the Annual 2nd Chance Week event. GILROY shall pay MORGAN HILL the amount invoiced within forty-five (45) days of their receipt of such invoices. 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. Docusign Envelope ID: 02A581A5-14E1-81D2-8049-6AAD4118E260 3 SECTION 6. A. TERMINATION. A.Upon signing this AGREEMENT, GILROY agrees to pay in lump sum for MORGAN HILL services to plan, organize, and coordinate the Annual 2nd Chance Week event and MORGAN HILL agrees to provide the deliverables as listed in the Scope of Work as set forth in Exhibit 'A'. Neither Party may terminate this AGREEMENT once executed because the deliverable timeline spans only four months, and the service is a public facing event that will be advertised throughout both communities. Exiting the AGREEMENT midway would not serve either community. B.If MORGAN HILL fails to perform any of its material obligations under this AGREEMENT, then GILROY may pursue all remedies available by law. SECTION 7. AMENDMENTS. This AGREEMENT may be modified only by a written amendment duly executed by the parties to this AGREEMENT. SECTION 8. NONDISCRIMINATION. No Party to this AGREEMENT shall discriminate, in any way, against any person on any basis prohibited by local, state, or federal law, including 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 9. 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 10. 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: G ILROY: City of Gilroy 7351 Rosanna Street Gilroy, California 95020 Docusign Envelope ID: 02A581A5-14E1-81D2-8049-6AAD4118E260 4 Attention: CITY ADMINISTRATOR MORGAN Hill: City of Morgan Hill 17575 Peak Avenue Morgan Hill, California 95037 Attention: CITY MANAGER Notice shall be effective five days after mailing or upon date of personal delivery. SECTION 11. GOVERNING LAW. The law governing this AGREEMENT shall be that of the State of California. SECTION 12. 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 13. 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 14. 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 MORGAN HILL 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. Docusign Envelope ID: 02A581A5-14E1-81D2-8049-6AAD4118E260 5 G ILROY APPROVED AS TO FORM: CITY OF GILROY, a municipal corporation Andy Faber John Doughty City Attorney Public Works Director ATTEST: Kim Mancera City Clerk’s Office MORGAN HILL APPROVED AS TO FORM: CITY OF MORGAN HILL, a municipal corporation Elisa Tolentino Christina Turner City Attorney City Manager ATTEST: Michelle Bigelow City Clerk Docusign Envelope ID: 02A581A5-14E1-81D2-8049-6AAD4118E260 6 EXHIBIT A DESCRIPTION OF SERVICES TO BE PROVIDED The purpose of this Exhibit is to describe the work anticipated to be conducted under this AGREEMENT. MORGAN HILL will provide 2nd Chance Week planning, organization, and coordination services during the months of June, July, August, and September to support a successful event in GILROY. Deliverables will include, but will not be limited to, the following: June • Create digital forms with GIS Manager and Arc GIS Representative. • Engage with St. Joseph’s or other nonprofit for bike donation event setup. • Engage with Knights of Columbus or other nonprofit for coat donation event setup. • Engage with Lion’s Club or other nonprofit for eyeglass donation setup. • Create flyer and Utility Billing (UB) insert for 2nd Chance Week. • Create a series of social media posts to advertise the event. • Contact news outlets and other ad contacts to place 2nd Chance Week ads • including: Gilroy Life SJ Mercury News Gilroy Dispatch July • Provide Utility Billing (UB) insert design option for 2nd Chance Week to be included in the August utility bill. Alternatively, GILROY can design their own. GILROY is responsible for costs related to inclusion of the 2nd Chance Week Ad in the Utility Billing Inserts. UB Bill costs are not included in this contract. • Begin 2nd Chance Week outreach. • Canvas local businesses with flyers. August • Open online sign-ups on digital portal. • Monitor 2nd Chance Week signups. • Make sure all information is correct. • Contact those that need edits made/information needs corrections. September • Print out lists of participating addresses and distribute to Recreation Department & Library. Docusign Envelope ID: 02A581A5-14E1-81D2-8049-6AAD4118E260 7 Additional Notes • Consistent with prior years, MORGAN HILL is responsible for establishing the 2nd Chance Week themed days and assumes the flexibility to adjust the event as needed, dependent on available partnerships and resources. • This scope of work assumes that similar to prior years, GILROY will assign an event Liaison who will support with GILROY-specific tasks primarily including daily monitoring of the donation boxes at City Hall, coordinating inclusion of the event ad into Utility Billing (UB) inserts, and GILROY- specific event advertising. The Liaison will answer questions and coordinate with MORGAN HILL, as needed. • GILROY is responsible for costs related to inclusion of the 2nd Chance Week Ad in the UB Inserts. UB Bill costs are not included in this contract. • Consistent with prior years, outreach deliverables (e.g. newspaper posts, ads, flyers, social media posts, etc.) will be designed, vetted, and approved solely by the MORGAN HILL on behalf of all of South Santa Clara County partners Morgan Hill, Gilroy, and San Martin). • GILROY event Liaison is responsible for scheduling 2nd Chance Week Ads to appear in GILROY-generated social media posts, newsletters, etc. For GILROY specific event advertising, GILROY can utilize the outreach deliverables provided by MORGAN HILL or design their own. • MORGAN HILL hosts a space for multi-family residents to have a garage sale at a City facility. This scope of work does not include a multifamily garage sale in GILROY. MORGAN HILL will advertise a Multifamily Garage Sale in GILROY only if requested, and only if GILROY is the sole organizer and has staff to plan, oversee, and monitor a multifamily event in GILROY. Docusign Envelope ID: 02A581A5-14E1-81D2-8049-6AAD4118E260 8 EXHIBIT B COST ESTIMATE This cost estimate represents ½ of the costs for planning, coordinating, and organizing the Annual 2nd Chance Week in South Santa Clara County for MORGAN HILL and GILROY residents. This amount shall be paid by GILROY in July to cover their share of work completed by MORGAN HILL to plan, coordinate, and organize the Annual 2nd Chance Week. Staff Time Position Hours Cost Municipal Services Assistant 50 $4,749 Environmental Services Administrator 5 $1,019 GIS Manager 5 $ 782 TOTAL 60 $6,550 Other Costs GIS Online Sign-Up Tool $ 515 Ad Placements $1,442 Mileage x 3 trips $ 90 TOTAL $2,047 TOTAL COST: $8,597 Docusign Envelope ID: 02A581A5-14E1-81D2-8049-6AAD4118E260 FY 2027 2nd Chance Week Agreement Fiscal Impact The Agreement requires a lump-sum payment of $8,597 to the City of Morgan Hill for planning, coordinating, and organizing the 2026 South County 2nd Chance Week event. Budget Appropriation Appropriate $8,597 from Account No. 1005540-51630 to fund the City of Morgan Hill Agreement for Planning and Coordination of the Annual South County 2nd Chance Week Event. Funding Source Account No. 1005540-51630 Docusign Envelope ID: 02A581A5-14E1-81D2-8049-6AAD4118E260