HomeMy WebLinkAboutAgreement - City of Morgan Hill - Staff Support Services for SB 1383AGREEMENT FOR PROVIDING STAFF SERVICES FOR THE IMPLEMENTATION
OF SB 1383 REQUIREMENTS AND ENVIRONMENTAL SERVICES TO THE CITY OF
GILROY
This Agreement (AGREEMENT) is made and entered into this 1st day of July 2025
(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 been operating under shared services
agreements since 2015 for the purpose of implementing regional environmental compliance
programs, including stormwater permit and environmental services coordination; and
WHEREAS, operating under this agreement framework, MORGAN HILL successfully secured
SB 1383 Implementation Grant funds in the amount of $ 161,074 on behalf of GILROY to
support SB 1383 program implementation activities during Fiscal Years 2025 and 2026; and
WHEREAS, the current agreement between GILROY and MORGAN HILL for shared
environmental services is set to expire on June 30, 2025; and
WHEREAS, the State of California enacted SB 1383, establishing regulatory requirements for
organic waste reduction and edible food recovery; and
WHEREAS, compliance with SB 1383 imposes significant staffing and programmatic
responsibilities on cities, including education, inspection, reporting, waiver processing, and
enforcement functions; and
WHEREAS, GILROY and MORGAN HILL desire to enter into this AGREEMENT for
MORGAN HILL to provide GILROY with the services of a staff resources for the purpose of
supporting GILROY's compliance with SB 1383;
NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein,
the parties agree as follows:
1.0 PURPOSE
The purpose of this AGREEMENT is to promote efficiency and an economy of operations and
resources in complying with SB 1383 regulatory requirements. MORGAN HILL will provide a
part-time staff resource to GILROY to support GILROY’S activities to comply with SB 1383 as
set forth in Exhibit A.
2.0 TERM
This AGREEMENT shall be implemented shortly after the EFFECTIVE DATE and shall
terminate on June 30, 2026, unless this AGREEMENT is amended or GILROY or MORGAN
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HILL exercises the right to terminate this AGREEMENT pursuant to Section 7 of this
AGREEMENT, below.
3.0 STATEMENT OF COSTS
The cost of services provided under this AGREEMENT shall be fully funded through the
remaining SB 1383 Implementation Grant funds, secured by MORGAN HILL. These funds shall
be used solely to support the salary, benefits, supplies, and supervision of the staff resources.
4.0 PAYMENT FOR SERVICES
MORGAN HILL shall provide services based on Grant Funding received from the State of
California. Morgan Hill shall provide GILROY with a reporting on expenditures in the same
format as required to report for the associated grant funding. No payments will be made by
GILROY.
5.0 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.
6.0 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.
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. The MORGAN HILL City Manager, or her delegatee or designee, is authorized to
terminate this AGREEMENT on behalf of MORGAN HILL.
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C. The GILROY City Administrator, or his delegatee or designee, is authorized to terminate
this AGREEMENT on behalf of GILROY.
D. 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.
8.0 AMENDMENTS
This AGREEMENT may be modified only by a written amendment duly executed by the parties
to this AGREEMENT.
9.0 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.
10.0 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.
11.0 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
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12.0 GOVERNING LAW
The law governing this AGREEMENT shall be that of the State of California.
13.0 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 José,
California.
14.0 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.
15.0 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.
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.
17.0 AUTHORITY TO EXECUTE
The individuals who are signing this 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 AGREEMENT.
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IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the
EFFECTIVE DATE.
GILROY:
APPROVED AS TO FORM: CITY OF GILROY
A municipal corporation
____________________________ ____________________________
Andy Faber John Doughty
City Attorney Public Works Director
ATTEST:
____________________________
Bryce Atkins
City Clerk’s Office
MORGAN HILL:
APPROVED AS TO FORM: CITY OF MORGAN HILL
A municipal corporation
_____________________________ ____________________________
Donald Larkin Christina Turner
City Attorney City Manager
ATTEST:
____________________________
Michelle Bigelow
City Clerk
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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 scope of work and the general terms regarding the
provision of staff resources (STAFF) under this AGREEMENT to support implementation of SB
1383 and related Environmental Services activities in the City of Gilroy.
1. Work Location
The primary office location for STAFF shall be at the City of Gilroy. STAFF may also work from
Morgan Hill offices as needed for coordination and administrative purposes. STAFF will attend
in-person meetings, conduct fieldwork, and maintain regular office hours in Gilroy, with
scheduling coordinated through Morgan Hill’s designated manager and in consultation with
Gilroy. The City of Gilroy shall provide professional office space for up to 2 staff members and
technology tools necessary to perform work (computer, telephone, etc).
2. Supervision and Oversight
Morgan Hill shall provide administrative management of STAFF, with GILROY providing day-
to-day supervision of STAFF. Morgan Hill shall be solely responsible for discipline, and
administrative management of STAFF. Gilroy may provide input on STAFF's performance as it
relates to Gilroy tasks, which will be considered by Morgan Hill management. City of Gilroy
shall provide a contact liaison to Morgan Hill staff working in Gilroy. That contact liaison will be
readily available to answer questions on a regular and routine basis for Morgan Hill staff
working on site at the City of Gilroy.
3. Recruitment and Hiring
Morgan Hill will handle recruitment, interviews, and hiring of STAFF. Gilroy shall be invited to
participate in interviews and provide input during the selection process. The position will be
funded through the SB 1383 Implementation Grant and is intended to be temporary in nature,
expiring no later than June 30, 2026. Note that the current SB 1383 grant ends on April 1, 2026,
and so diminished grant funding may require termination of this contract before June 2026 if
additional SB1383 Grant Funds do not become available.
4. Scope of Work
STAFF will provide support to the City of Gilroy in the implementation of SB 1383 and related
environmental compliance programs. Anticipated responsibilities include:
a) Assisting in the implementation of SB 1383 requirements, including education,
inspection, waiver processing, edible food recovery coordination, and enforcement
support;
b) Tracking activities and accomplishments to support grant and regulatory reporting;
c) Conducting outreach and customer support for regulated businesses and multifamily
properties;
Supporting other solid waste program tasks that are within grant funding eligibility.
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U:\Legal Forms\CONTRACT ROUTING FORMS Revised 6/13/2023
City of Morgan Hill
Contract Checklist
Contract # ________________________________
Is FPPC Required (completed by CA)?
___________
Date: ___________________
Project Name:________________________________________________________________
Contractor’s Name: ___________________________________________________________
Project Manager: _____________________________________________________________
Department: _________________________________________________________________
STANDARD CITY/AGENCY FORM:
Is this a Standard City/Agency Form without any changes:
YES NO
[If there are changes to the Standard City/Agency Form, describe in attached memo/
email]
Are there funds for this request?
YES NO
Fund:_____________________________________________________________________
Project:____________________________________________________________________
Account #: _________________________________________________________________
CONTRACTOR’S INSURANCE
***To be completed before agreement is routed to Shadia Hrichi.
***Please fill in one of the section below:
Insurance reviewed and approved on date of: __________________
Insurance is not required per email dated: _____________________
*NOTE: Amended contracts do not require additional/new insurance
6/18/25
Staff Services for 1383 Work in Gilroy
City of Gilroy
Chris Ghione
Public Services
x
Grant Funds with City of Morgan Hill Already
NA
6/18/25
4
Docusign Envelope ID: 3CCE899F-3113-47CD-89AF-D1B56B99BB1B
No
Certificate Of Completion
Envelope Id: 3CCE899F-3113-47CD-89AF-D1B56B99BB1B Status: Completed
Subject: Complete with Docusign: AGREEMENT FOR STAFF SERVICES FOR SB 1383 FY 26
Source Envelope:
Document Pages: 7 Signatures: 4 Envelope Originator:
Certificate Pages: 5 Initials: 0 City Clerk's Office
AutoNav: Enabled
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
17575 Peak Ave
Morgan Hill, CA 95037
cityclerk@morganhill.ca.gov
IP Address: 35.131.77.142
Record Tracking
Status: Original
6/18/2025 4:10:33 PM
Holder: City Clerk's Office
cityclerk@morganhill.ca.gov
Location: DocuSign
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Signer Events Signature Timestamp
Donald Larkin
donald.larkin@morganhill.ca.gov
City Attorney/Risk Manager
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Sent: 6/18/2025 4:12:43 PM
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Electronic Record and Signature Disclosure:
Accepted: 6/18/2025 10:55:48 PM
ID: a219ece6-559b-49c4-88ce-b7850c3af02e
Christina Turner
christina.turner@morganhill.ca.gov
City Manager
City of Morgan Hill
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(None)
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Sent: 6/18/2025 10:56:04 PM
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Signed: 6/26/2025 8:21:39 AM
Electronic Record and Signature Disclosure:
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Michelle Bigelow
michelle.bigelow@morganhill.ca.gov
City Clerk
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Chris Ghione
chris.ghione@morganhill.ca.gov
Public Services Director
Security Level: Email, Account Authentication
(None)
Sent: 6/26/2025 8:40:55 AM
Viewed: 6/26/2025 8:46:10 AM
Electronic Record and Signature Disclosure:
Accepted: 6/25/2025 7:50:11 AM
ID: a5a76383-c9e0-4f5f-8aaa-915a2de1a052
Angel Echavarria
angel.echavarria@morganhill.ca.gov
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(None)
Sent: 6/26/2025 8:40:56 AM
Viewed: 6/26/2025 8:42:43 AM
Electronic Record and Signature Disclosure:
Accepted: 1/7/2025 8:48:39 AM
ID: 17589a47-16a9-4ae4-93a6-049caad62a18
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Notary Events Signature Timestamp
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Envelope Sent Hashed/Encrypted 6/18/2025 4:12:43 PM
Certified Delivered Security Checked 6/26/2025 8:40:49 AM
Signing Complete Security Checked 6/26/2025 8:40:54 AM
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Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on: 5/29/2020 4:52:24 PM
Parties agreed to: Donald Larkin, Christina Turner, Michelle Bigelow, Chris Ghione, Angel Echavarria
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