HomeMy WebLinkAboutAgreement - City of Morgan Hill - 2025-06-30
THIRD AMENDMENT TO AGREEMENT
FOR PROVIDING STAFF SERVICES FOR THE IMPLEMENTATION OF STORMWATER
PERMITTING REQUIREMENTS AND ENVIRONMENTAL SERVICES TO THE CITY OF
GILROY
This THIRD AMENDMENT TO AGREEMENT is entered into and becomes effective on
______________________ (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
The following recitals are a substantive part of this Agreement:
1. This Third Amendment to Agreement is entered into based upon the approval of the City of
Morgan Hill City Council on ___________, 2024, and the City of Gilroy City Council approval on
____________, 2024.
2. GILROY and MORGAN HILL entered into that “Agreement for Providing Staff Services for the
Implementation of Stormwater Permitting Requirements and Environmental Services to the City of
Gilroy” (“STAFF SERVICES AGREEMENT”) to provide staff services on March 16, 2015.
3. GILROY and MORGAN HILL then entered into a “First Amendment to Agreement” made as of June
17, 2019, based upon the approval of the City of Morgan Hill City Council, and the City of Gilroy
City Council extending the term to June 30, 2024, and increasing the reimbursable compensation
under the STAFF SERVICES AGREEMENT.
4. GILROY and MORGAN HILL entered into a “Second Amendment to Agreement” made as of July
21, 2022, based upon the approval of the City of Morgan Hill City Council, and the City of Gilroy
City Council, whereby the statement of costs, termination and waiver clauses were amended, and
a new Exhibit A and Exhibit B incorporated. The STAFF SERVICES AGREEMENT, the First
Amendment, and Second Amendment thereto are attached as Exhibit “1”.
5. GILROY and MORGAN HILL have agreed to a new staffing structure that will provide the services
of a three-quarter-time staff position at the temporary Environmental Coordinator level to GILROY
and that GILROY will reimburse MORGAN HILL for MORGAN HILL' s costs incurred to employ this
position.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Amendments: All terms and conditions of the STAFF SERVICES AGREEMENT, as amended
and attached as Exhibit "1,” shall remain in full force and effect; except that the following
amendments shall be made as set forth below:
A. Section 2 shall be amended and replaced in its entirety by the following:
“Section 2. TERM.
This AGREEMENT shall become effective as of the EFFECTIVE DATE and shall terminate
on June 30, 2025, unless this AGREEMENT is amended, or GILROY or MORGAN HILL
exercises the right to terminate this AGREEMENT pursuant to Section 7 of this Agreement.”
June 17
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B.Section 3 shall be amended and replaced in its entirety by the following:
“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, field work supplies for use while in GILROY (e.g., PPE, boots, rain gear, inspection
tools, etc.), and training and travel expenses. The terms related to staff resources to be
provided by MORGAN HILL, as well as estimated costs to MORGAN HILL of the resources
provided by MORGAN HILL to GILROY pursuant to this AGREEMENT are shown in
EXHIBIT “A” and REVISED EXHIBIT “B,” respectively, which are attached hereto. Cost
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; $114,423 for FY 2018/2019; $121,854 for FY 2019/2020;
$130,036 for FY 2020/2021; $138,835 for FY 2021/2022; $187,097 for FY 2022/2023;
$194,663 for FY 2023/2024; and $178, 542 for FY 2024/2025 unless MORGAN HILL has
notified GILROY in writing that the estimated amounts will not be adequate to reimburse
MORGAN HILL for actual costs and GILROY agrees in writing that a change in the
amount is warranted.”
2.Electronic Signatures. Unless otherwise prohibited by law or by GILROY or MORGAN HILL
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 contract” means a contract that is executed by applying an
electronic signature using technology approved by GILROY or MORGAN HILL.
3.Conflicts. In the event of a conflict between the terms and provisions of this Third Amendment to
Agreement and the terms and provisions of the STAFF SERVICES AGREEMENT, as amended,
the terms of this Third Amendment to Agreement shall govern and control.
4.Authority to Execute. The individuals who are signing this Third Amendment to Agreement on
behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf
of the entities and to bind the entities fully to each and all of the obligations set forth in this Third
Amendment to the Agreement.
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[Signatures on the Next Page]
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IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the EFFECTIVE
DATE first set forth above.
CITY OF GILROY, a municipal corporation
_________________________________
Jimmy Forbis
City Administrator
GILROY
APPROVED AS TO FORM:
_________________________________
Andy Faber
City Attorney
ATTEST:
_________________________________
Beth Minor
Interim City Clerk
MORGAN HILL
APPROVED AS TO FORM:
Donald Larkin
City Attorney
_________________________________
CITY OF MORGAN HILL,
a municipal corporation
__________________________________
Christina Turner
City Manager
ATTEST:
________________________________
Michelle Bigelow
City Clerk
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REVISED EXHIBIT B
Cost Estimate
24-25
Staff (30hr/week) $107,640
Indirect Service Charges $2,153
Training $1,000
Cell Phone $0
Mileage Reimbursement $250
Field Work Supplies/PPE $400
Total Staff and Supplies $111,443
Management Staff (25% FTE) $65,784
Indirect Service Charges $1,316
Total Management $67,100
Total $178,542
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SECOND AMENDMENT TO AGREEMENT FOR PROVIDING STAFF SERVICES FOR THE
IMPLEMENTATION OF STORMWATER PERMITTING REQUIREMENTS AND
ENVIRONMENTAL SERVICES TO THE CITY OF GILROY
7/zl/2oz2 This SECOND AMENDMENT TO AGREEMENT is entered into and becomes effective on
April 20, 2022 (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
The following recitals are a substantive part of this Agreement:
1. This Second Amendment to Agreement is entered into based upon the approval of the City of
Morgan Hill City Council on April 20,2022 and the City of Gilroy approval on April 18, 2022
2. GILROY and MORGAN HILL entered into that Agreement to provide staff services (STAFF
SERVICES AGREEMENT) on March 16, 2015.
3. GILROY and MORGAN HILL entered into a "First Amendment" on June 17, 2019, extending the
length of the STAFF SERVICES AGREEMENT and adding reimbursement amounts for the extended term.
The STAFF SERVICES AGREEMENT and the First Amendment thereto are attached as Exhibit "1" to this
Second Amendment.
4. MORGAN HILL has hired a half time Environmental Services Technician in 2021 to provide
additional help in meeting Water Board expectations for Stormwater Program compliance, and has
agreed to hire a full-time Environmental Services Technician to also provide half-time Environmental
Services Technician staff services to GILROY; and
5. GILROY and MORGAN HILL have agreed that MORGAN HILL will provide the services of a
second half-time staff position at the Environmental Technician level 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.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Amendments: All terms and conditions of the STAFF SERVICES AGREEMENT, as amended as
attached as Exhibit "1," shall remain in full force and effect; except that the following amendments shall be
made as set forth below:
A. Section 3 shall be amended and replaced in its entirety by the following:
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,
field work supplies for use while in GILROY (e.g., PPE, boots, rain gear, inspection tools, etc.),
and training and travel expenses. The terms related to staff resources to be provided by
EXHIBIT 1
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MORGAN HILL, as well as estimated costs to MORGAN HILL of the resources provided by
MORGAN HILL to GILROY pursuant to this AGREEMENT are shown in EXHIBIT "A" and
EXHIBIT "B," respectively, which are attached hereto. Cost 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; $114,423 for FY
2018/ 2019; $121,854 for FY 2019/2020; $130, 036 for FY 2020/2021; $138,835 for FY
2021/2022; $187,097 for FY 2022/23; and $ 194,663 for FY 2023/2024 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."
B. Section 7 shall be amended and replaced in its entirety by the following:
Section 7.0 TERMINATION
A. MORGAN HILL or GILROY may terminate this AGREEMENT by giving notice to the
other party of not less than thirty (30) days.
B. If either party fails to perform any of its material obligations under this AGREEMENT,
then, in addition to all other remedies available by law, the non -defaulting party may
terminate this AGREEMENT immediately upon written notice to defaulting party.
C. The MORGAN HILL City Manager, or their delegatee or designee, is authorized to
terminate this AGREEMENT on behalf of MORGAN HILL.
D. The GILROY City Administrator, or their 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."
C. Section 16 shall be amended and replaced in its entirety by the following:
Section 16.0 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."
D. Exhibit 'W' of the original agreement shall be amended and replaced in its entirety by the
attached Exhibit 'W'.
E. Exhibit "B" of the original agreement shall be amended and replaced in its entirety by the
attached Exhibit "B".
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2. Conflicts. In the event of a conflict between the terms and provisions of this Second
Amendment to Agreement and the terms and provisions of the STAFF SERVICES AGREEMENT, as
amended, the terms of this Second Amendment to Agreement shall govern and control.
3. Authority to Execute. The individuals who are signing this Second Amendment to
Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign
on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this
Second Amendment to the 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:
Andya er
City Attorney
ATTEST:
Thai Pham
City Clerk
MORGAN HILL
APPROVED AS TO FORM:
5
DOCUSigned by:
1
fIA44aA
City Attorney
ATTEST:
EDoees'anea by:
VAIc 2} Ow
City Clerk
CITY OF GILROY,
a municipal corporation
RAR RA
JimmkFFy Forbis
City Administrator
CITY OF MORGAN HILL,
a municipal corporation
Do US!Vned by:
0%bAsttr&FT49rmr
City Manager
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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 comfortable, productive, functioning, and
professional workspace, STAFF shall work in GILROY offices and attend meetings and work
directly with customers in GILROY. GILROY office setup including, but not limited to, computer
equipment and programs, telephone, office supplies, business cards, and ergonomic needs shall
be provided by 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.
Environmental Services Technician shall be supervised and assigned tasks by the Environmental
Programs Coordinator.
3. Recruitment and Hirina - 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 overtime 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.
e. Update and administer the requirements of the Operation and Maintenance Program for
Post Construction Stormwater Treatment Features.
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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EXHIBIT B
COST ESTIMATE
Total $121,854 $130,036 $138, 835 $187,097 $194, 663
costs for 14/15 are estimated for 40% of the fiscal year for the staff position and 100% of the fiscal year
for the management position.
14-15* 15-16 16- 17 17- 18 18- 19
Staff (50% FTE) 25,154 62,886 68,011 73,554 79,549
Indirect Service Charges 674 1,684 1,821 1,970 2,130
Training 200 500 500 500 500
Cell Phone 72 180 180 180 180
Mileage Reimbursement 100 250 250 250 250
Total Half Time Staff 26,200 65,500 70,762 76,454 82,609
Management Staff (12% FTE) 27,504 28,355 29,206 30,082 30,984
Indirect Service Charges 736 759 782 805 829
Total Management 28,241 29,114 29,987 30,887 31,814
Total 54,441 94,614 100,750 107,341 114,423
Total $121,854 $130,036 $138, 835 $187,097 $194, 663
costs for 14/15 are estimated for 40% of the fiscal year for the staff position and 100% of the fiscal year
for the management position.
19-20 20-21 21-22 22-23 23- 24
Staff (50% FTE) 86,032 93,044 100,627 155,100 161,500
Indirect Service Charges 2,304 2,492 2,695 2,914 3,152
Training 500 500 500 1,000 1,000
Cell Phone 0 0 0 0 0
Mileage Reimbursement 250 250 250 250 250
Field Work Supplies/PPE 400 400
Total Half Time Staff 89,086 96,285 104,071 159,664 166, 302
Management Staff (12% FTE) 31,914 32,871 33;857 26,500 27,400
Indirect Service Charges 854 880 906 933 961
Total Management 32,768 33,751 34,764 27,433 28,361
Total $121,854 $130,036 $138,835 $187,097 $194,663
costs for 14/15 are estimated for 40% of the fiscal year for the staff position and 100% of the fiscal year
for the management position.
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Exhibit 1
121-0/_'s7-0-j
FIRST AMENDMENT TO AGREEMENT FOR PROVIDING STAFF SERVICES FOR THE
IMPLEMENTATION OF STORMWATER PERMITTING REQUIREMENTS AND
ENVIRONMENTAL SERVICES TO THE CITY OF GILROY
T This FIRST AMENDMENT TO AGREEMENT is entered into and becomes effective on
J11A w.e'7 Z-0 19 (Effective Date), by and between the CITY OF GILROY, a municipal
corporation ("GILROY"), anctthe City of MORGAN HILL, a municipal corporation ("MORGAN HILL").
RECITALS
The following recitals are a substantive part of this Agreement:
1. This First Amendment to Agreement is entered into based upon the approval of the City of Morgan
Hill City Council on V?A lSi A019 and the City of Gilroy approval on ,Tuvtt I h 201 Q .
2. GILROY AND MORGAN HILL entered into that agreement to provide staff services (STAFF
SERVICES AGREEMENT) on March 16, 2015. The agreement is attached as Exhibit 1" to this First
Amendment.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Amendments: All terms and conditions of the STAFF SERVICES AGREEMENT, as amended,
as attached as Exhibit "1," shall remain in full force and effect; except that the following amendments shall
be made as set forth below:
A. Section 2 shall be amended and replaced in its entirety by the following:
Section 2.TERM.
This AGREEMENT shall become effective as of the EFFECTIVE DATE and shall terminate
on June 30, 2024 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."
B. Section 3 shall be amended and replaced in its entirety by the following:
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'S," 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 1
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fo
2016/2017; $107,341 for FY 2017/18; $114,423 for FY 2018/2019; $121,854 for FY 2019/2020;
130,036 for FY 2020/2021; $138,835 for FY 2021/2022; $148,299 for FY 2022/23; and
158,480 for FY 2023/2024 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."
C. Exhibit "B" of the original agreement shall be amended and replaced in its entirety by the
attached Exhibit "B".
2. Conflicts. In the event of a conflict between the terms and provisions of this First Amendment
to Agreement and the terms and provisions of the STAFF SERVICES AGREEMENT, the terms of this First
Amendment to Agreement shall govern and control.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the
EFFECTIVE DATE first set forth above.
GILROY
APPROVED AS TO FORM:
Ji A
Ano Faber'
1' CityAttomay
MORGAN HILL
APPROVED AS TO FORM:
a ,r 1MiO4
Donald I arkin
City Attorney
CITY OF GILROT, a municipal corporation
Gabriel Gonzalez --
City Administrator
CITY OF MORGAN HILL,
a munici 11-1orporation
Chri6tn urner
City Manager
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EXHIBIT B
COST ESTIMATE
Total $121,854 $130,036 $138,835 $148,299 $158,480
costs for 14/15 are estimated for 40% of the fiscal year for the staff position and 100% of the fiscal year
for the management position
3
14-15' 15-16 16-17 17-18 18-19
Staff (50% FTE) 25,154 62,886 68,011 73,554 79,549
Indirect Service Charges 674 1,684 1,821 1,970 2,130
Training 200 500 500 500 500
Cell Phone 72 180 180 180 180
Mileage Reimbursement 100 25D 250 250 250
Total Half Time Staff 26,200 65,500 70,762 76,454 82,609
Management Staff (12% FTE) 27,504 28,355 29,206 30,082 30,984
Indirect Service Charges 736 759 782 805 829
Total Management 28,241 29,114 29,987 30,887 31,814
Total 54,441 94,614 100,750 107,341 114,423
19-20 20-21 21-22 22-23 23-24
Staff (50% FTE) 86,032 93,044 100,627 108,828 117,697
Indirect Service Charges 2,304 2,492 2,695 2,914 3,152
Training 500 500 500 500 500
Cell Phone 0 0 0 0 0
Mileage Reimbursement 250 250 250 250 250
Total Half Time Staff 89,086 96,285 104,071 112,492 121,599
Management Staff (12% FTE) 31,914 32,871 33,857 34,873 35,919
Indirect Service Charges 854 880 906 933 961
Total Management 32,768 33,751 34,764 35,807 36,881
Total $121,854 $130,036 $138,835 $148,299 $158,480
costs for 14/15 are estimated for 40% of the fiscal year for the staff position and 100% of the fiscal year
for the management position
3
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j U9-15-01 f
DUPLICATE
Original Maintained by
City Olorlc's Office
AGREEMENT FOR PROVIDING STAFF SERVICES FOR THE IMPLEMENTATION
OF STORMWATER PERMITTING REQUIREMENTS AND ENVIRONMENTAL
SERVICES TO THE CITY OF GILROY
j
This("AGREEMENT') is made and entered into this I(1 day oftzranl ,
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:
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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.
DocuSign Envelope ID: 4EF9262D-A322-47BD-A4CA-A2D32F9703FE
DocuSign Envelope ID: 3B345ABC-353A-4A89-82DC-5EF614C44D1D
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.
DocuSign Envelope ID: 4EF9262D-A322-47BD-A4CA-A2D32F9703FE
DocuSign Envelope ID: 3B345ABC-353A-4A89-82DC-5EF614C44D1D
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. 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.
DocuSign Envelope ID: 4EF9262D-A322-47BD-A4CA-A2D32F9703FE
DocuSign Envelope ID: 3B345ABC-353A-4A89-82DC-5EF614C44D7D
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 Josk 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
DocuSign Envelope ID: 4EF9262D-A322-47BD-A4CA-A2D32F9703FE
DocuSign Envelope ID: 3B345ABC-353A-4AB9-82DC-5EF614C44D1D
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,
y
rouniclpal corporation
Linda-eall6n-- F WThomas J. ' aglund
City Attorney City Administrator
if
ATTEST;
Siaawe Freels— -' TJ
City Clerk
MORGAN HILL
APPROVED AS TO FORM:
Renee a(a
City Attorney
CITY OF MORGAN HILL,
a municipal corporation
C'
Steve Ryme
City Manager
DocuSign Envelope ID: 4EF9262D-A322-47BD-A4CA-A2D32F9703FE
DocuSign Envelope ID: 3B345ABC-353A-4A89-82DC-5EF614C44D1 D
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 quallty 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.
7
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Staff (50% FTE)
Indirect Service Charges
Training
Cell Phone
Mileage Reimbursement
Total Half Time Staff
Management Staff (12% FTE)
Indirect Service Charges
Total Management
Total
EXI-11131T B
COST ESTIMATE
14-15` 15-16 16-17 17-18 18-19
25,154 $62,886 $68,011 $73,554 $79,549
674 $1,684 $1,821 $1,970 $2,130
200 $500 $Soo $500 $500
72 $180 $180 $180 $180
100 $250 $250 $250 $250
26,200 $65,500 $70,762 $76,454 $82,609
27,504 $28,355 $29,206 $30,082 $30,984
736 $759 $782 $805 $829
28,241 $29,114 $29,987 $30,887 $31,814
54,441 $94,614 $100,750 $107,341 $114,423
costs for 14/15 areestimated for 40% of the fiscal year for the staff position
and 100% of the fiscal yearfor the management position -
L
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DocuSign Envelope ID: 3B345ABC-353A-4A89-82DC-5EF614C44D1D
Exhibit 1
DUPLICATE
Original Maintained by
City Clerk's OffIGA
AGREEMENT FOR PROVIDING STAFF SERVICES FOR THE IMPLEMENTATION
OF STORMWATER PERMITTING REQUIREMENTS AND ENVIRONMENTAL
SERVICES TO THE CITY OF GILROY
Thisement ("AGREEMENT") is made and entered into this r", day ofMr(' 1 \ , 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 11 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:
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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 $114,423 for FY 2018/2019 unless MORGAN HILL has
notified GILROY that the estimated amounts will not be adequate to reimburse
MORGAN HILL for actual costs and GILROY agrees that an increase in the amount is
warranted.
SECTION 4. PAYMENT FOR SERVICES.
MORGAN HILL will invoice GILROY bi-annually for costs incurred to provide staff
services for the previous six (6) months by sending GILROY an invoice. Invoices shall
be sent out by April 30 (for the January -June period) and by October 31 (for the July —
December period) of each year. GILROY shall pay MORGAN HILL the amounts
invoiced within forty-five (45) days of their receipt of such invoices.
DocuSign Envelope ID: 4EF9262D-A322-47BD-A4CA-A2D32F9703FE
Docu$ign Envelope ID: 3B345ABC-353A-4A89-82D05EF574C44D1 D
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.
DocuSign Envelope ID: 4EF9262D-A322-47BD-A4CA-A2D32F9703FE
DocuSign Envelope ID: 3B345ABC-353A-4A89-82DC-5EF614C44D1D
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. 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.
0
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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
DocuSign Envelope ID: 4EF9262D-A322-47BD-A4CA-A2D32F9703FE
DocuSign Envelope ID: 3B345ABC-353A-4A89-82DC-5EF614C44D1D
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
LiBda-Callon Thomas J. aglund
City Attorney City Administrator
ATTEST:/ [[
ReShawn' Freels
City Clerk
MORGAN HILL
APPROVED AS TO FORM:
Renu Gina
City Attorney
CITY OF MORGAN HILL,
a municipal corporation
Steve R meY
City Manager
DocuSign Envelope ID: 4EF9262D-A322-47BD-A4CA-A2D32F9703FE
DocuSign Envelope ID: 3B345ABC-353A4AB9-82DC-5EF614C44DiD
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.
G. 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.
DocuSign Envelope ID: 4EF9262D-A322-47BD-A4CA-A2D32F9703FE
DocuSign Envelope ID: 3B345ABC-353A-4A89-82DC-5EF614C44D1D
EXHIBITEI
COST ESTIMATE
costs for 14/ 15 are estimated for 40% of the fiscal year for the staff position
and 100% of the fiscal year for the management position
91
14- 15* 15-16 16-17 17-18 18- 19
Staff (50% FTE) 25,154. 62,886 68,011 73,.554 79,549
Indirect Service Charges 674 1,684 1,821 1,970 2,130
Training 200 500 500 500 500
Cell Phone 72 180 180 180 180
Mileage Reimbursement 100 250 250 250 250
Total Half Time Staff 26,200 65,500 70,762 76,454 82,609
Management Staff (12% FTE) 27,504 28,355 29,206 30,082 30,984
Indirect Service Charges 736 759 782 805 829
Total Management 28,241 29,114 29,987 30,887 31,814
Total 54,441 94,614 100,750 107,341 114,423
costs for 14/15 are estimated for 40% of the fiscal year for the staff position
and 100% of the fiscal year for the management position
91
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