Staff ReportPREPARED BY: MATT MORLEY
DIRECTOR OF PARKS AND PUBLIC WORKS
Reviewed by: Assistant Town Manager Town Attorney Finance
MEETING DATE: 10/04/16
ITEM NO: 7
COUNCIL AGENDA REPORT
DATE: SEPTEMBER 23, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: STORM MAINTENANCE AND RESPONSE SERVICE AGREEMENT WITH WEST
VALLEY SANITATION DISTRICT
A. AUTHORIZE THE TOWN MANAGER TO EXECUTE A SECOND
AMENDMENT TO STORM MAINTENANCE AND RESPONSE SERVICE
AGREEMENT WITH WEST VALLEY SANITATION DISTRICT FOR STORM
DRAIN MAINTENANCE SERVICES FOR FY 2016/17 IN AN AMOUNT NOT TO
EXCEED $43,000.
B. AUTHORIZE THE TOWN MANAGER TO EXECUTE ALL FUTURE
AMENDMENTS EFFECTIVE THROUGH JUNE 30, 2020 TO THE STORM
MAINTENANCE AND RESPONSE SERVICE AGREEMENT WITH WEST
VALLEY SANITATION DISTRICT FOR STORM DRAIN MAINTENANCE
SERVICES INCLUDING ANNUAL RATE INCREASES, SUBJECT TO THE
ANNUAL APPROPRIATION OF FUNDS BY THE TOWN COUNCIL.
RECOMMENDATION:
Authorize the Town Manager to execute a Second Amendment to Storm Maintenance and Response
Service Agreement (Attachment 3) with West Valley Sanitation District for storm drain maintenance
services for FY 2016/17 in an amount not to exceed $43,000 and execute all future amendments
effective through June 30, 2020 to the Storm Maintenance and Response Agreement with West Valley
Sanitation District for storm drain maintenance services including annual rate increases, subject to the
annual appropriation of funds by the Town Council.
BACKGROUND:
The Town contracts with the West Valley Sanitation District to provide storm drain maintenance
services to clean the Town’s storm drain system. The Town is required to clean the storm drains on a
regular basis as part of the national Pollutant Discharge Elimination System (NPDES) permit. Ongoing
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: SERVICE AGREEMENT WITH WEST VALLEY SANITATION DISTRICT FOR
STORM DRAIN MAINTENANCE SERVICES
SEPTEMBER 23, 2016
BACKGROUND (cont’d):
preventative maintenance of the storm drain system also ensures minimized flooding during the winter
storm months.
On July 1, 2012, a multi-year agreement was executed between the Town of Los Gatos and West Valley
Sanitation for storm drain maintenance services. The agreement language was written to provide for up
to three 2-year renewals, allowing extensions up through June 30, 2020 (see Attachment 1).
In 2014, a First Amendment to Agreement was executed for the term from July 1, 2014 through June 30,
2016 (see Attachment 2).
The Town pays West Valley Sanitation District for all costs of services provided as a pass through
payment. Each fiscal year, the annual agreement costs and rate schedule are updated to reflect labor,
equipment, and material needed to render these services. Sanitary/storm sewer fees and Storm Drain
Maintenance Program fees are then collected through residential and commercial property tax rolls and
have no General Fund impact.
DISCUSSION:
This second amendment reflects the FY 2016/17 Rate Schedule and Maintenance Costs. FY 2016/17
agreement costs are calculated not to exceed $36,000 with an added services contingency of $7,000.
Subsequent years of the agreement will include incremental annual increases proportionate to the cost of
providing the service.
The renewal will allow for continued storm drain cleaning, which prevents winter flooding and ensures
compliance with the Town’s Stormwater Permit for removing trash and other contaminants from the
waterways.
CONCLUSION:
Staff recommends that Council authorize the Town Manager to execute a Second Amendment to Storm
Maintenance and Response Service Agreement with West Valley Sanitation District for storm drain
maintenance services for FY 2016/17 in an amount not to exceed $43,000 and execute all future
amendments effective through June 30, 2020 to the Storm Maintenance and Response Agreement with
West Valley Sanitation District for storm drain maintenance services including annual rate increases,
subject to the annual appropriation of funds by the Town Council.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: SERVICE AGREEMENT WITH WEST VALLEY SANITATION DISTRICT FOR
STORM DRAIN MAINTENANCE SERVICES
SEPTEMBER 23, 2016
FISCAL IMPACT:
Funds for the services for Fiscal Year 2016/17 have been adopted in the Fiscal Year 2016/17 Parks and
Public Works Operating Budget. Future amendments will be subject to the annual appropriation of
funds by the Town Council for this service in subsequent operating budgets. Sanitary/storm sewer fees
and Storm Drain Maintenance Program fees are then collected through residential and commercial
property tax rolls and have no General Fund impact.
Attachments:
1. Original Agreement
2. First Amendment
3. Second Amendment to Storm Maintenance and Response Service Agreement with West Valley
Sanitation District for storm drain maintenance services.
AGREEMENT' BETWEEN
TOWN OF LOS GATOS
AND
THE WEST VALLEY SANITATION DISTRICT
FOR
STORM DRAIN MAINTENANCE SERVICES
CLERK DEPARTMENT
AGR A, / '(
ic1H
ORD
REC
Aso
This Agreement entered into on this day of July, 2012, is between the Town of Los Gatos
(Town), a municipal corporation of the State of California, and the West Valley Sanitation
District of Santa Clara Q..ountyx (District), a county sanitation district organized and existing
pursuant to the Health. and Safety Code of the State of California.
RECITALS
WHEREAS, Town is authorized to enter in an Agreement with District wherein. District will
provide store drain cleaning, maintenance, inspection, and related services for Town owned
facilities; and
WHEREAS, District is authorized to enter into an .Agreement with Town to provide storm drain
cleaning, maintenance, inspection, and related services to Town; and
WHEREAS, Town and District do mutually desire to cooperate in the area of storm drain
cleaning and inspection services; and
WHEREAS, District is capable of providing the aforementioned storm drain related services
needed by Town and as listed in more detail in the ;Scope of Services attached hereto as
Attachment A; and
WHEREAS, The Town will reimburse the District for the cost of these services at the rates
specified in the attached Schedule of Rates, attached hereto as Attachment 13.
NOW, THEREFORE, .for and in consideration of their mutual covenants, promises, and
obligations, the Town and District hereby agree as follows:
SECTION I. TOWN RE ' ONSIBILITIES
A. Provide District with Town regulations, policies, procedures, manuals, maps, plans and
specifications or other materials requested by District necessary to provide the services
set forth in Attachment A, Scope of Services.
13. Provide District authorization and access to Town facilities such that District may
perform the required services in a timely and effective manner.
C. Reunburse District for all costs of services provided, based on the Rate Schedule
attached hereto as Attachment B.
WNso $ CC, OM Se eernOnt
ATTACHMENT l
TOWN OF Los GATOS-STORM DRAIN MA€NTENMCE
AND RESPONSE SERVICES AGREEMENT
D. .Reimburse District within 3.0 days following receipt of quarterly invoices submitted by
the District to the Town as set forth in Section 'LB and II.0 bellow.
E. Make its staff available to annually meet with District no later than March 15 of each
year to develop an annual budget, review Attachment A, Scope of Services, Attachment
B, Rate Schedule; and Attachment C, Annual Agreement Costs arid make adjustments as
mutually agreed upon and as may be required to meet National Pollutant Discharge
Elimination System Permit requirements andtar other mutually agreed upon service
enhancemtents and/or reductions.
SECTION II: DISTRICT RESPONSIBILITIES
A. District shah perform services using District staff or other resources in accordance with
all applicable laws, rules, regulations, policies, procedures, manuals, and standards,
including any and all materials and information provided by Town to District in
accordance with Section I.A. of this Agreement and as per the mutually agreed upon
budget.
B. Consistent with Attachment B, Rate Schedule, District shall submit quarterly invoices to
the Town of actual costs incurred, on or about October 15, January 15, April 15 and July
15 for the provision of services listed in Attachment A, Scope of Services, or advise
Town through written notice or email, that no services were provided for the subject
quarter. District's invoice shall include accompanying detail describing the services
performed and the facilities inspected and cleanl such that the Town call fulfill its
reporting obligations as set forth in the National Pollutant Discharge Elimination System
(NPDES) Permit, No. CAS61200$, and any amendments thereto, and/or renewals
thereof, issued and approved by the California Regional Water Quality Control Board,
San Francisco Bay Region. The cost of preparing such accompanying material and data
and reporting to the Town in meeting this respnn ibility shall be fully reimbursed by the
Town and included in the District's invoices consistent with Attachment B, Rate
Schedule and the mutually agreed upon annual budget.
C. District shall retain all books, documents, papers, accounting records, and other evidence
pertaining to costs incurred and services provided, and make such materials available to
Town for a minimumof three years following the date of each invoice submitted for
payment to the Town under this Agreement
D. Notwithstanding the Town's obligation to reimburse the District for ail costs modeled
with the provision of the services described in Attachment A, Scope of Services, the
District shall be wholly responsible for any and all personnel, material, equipment and
contractor costs and obligations associated with tilt provision of the services agreed to
herein, including but not limited to all direct salary and benefit costs, overtime charges,
workers' compensation, retirement, and disability coverage.
E. District shall annually meet with Towm no later than March 15 of each year to develop an
annual budget, review Attachment A, Scope of Service, Attachment B, Rate Schedule
and Attachment C, Annual Agreement Costs, and make adjustments as mutually agreed
wvso a iG OM ser Asps mono W VSD SD O&M ",greement
Effe4tilV My 1, 2012
Page 2of$
TOWN OP LOS GATOS-STORM DRAIN MAINTENANCE
AND RESPONSE SERVICES AGREEMENT
upon and as may be requested by Town iri order to meet National Pollutant Discharge
Elimination System Permit requirements and/or other mutually agreed upon service
enhancements and/or reductions.
SECTION III; OTHER PROVISIONS
A. This agreement shall commence on July 1, 2012, or such later date as indicated by the
latest date of approval by either of the parties to this agreement, and shall continue in fall
force through June 30, 2014, unless terminated earlier pursuant to section IIL.B below.
The Town can renew this Agreement every other year, up to three times, through written
notification to the District before March 15th of the year the agreement is set to expire. At
no case shall this agreement extend beyond June 30, 2020.
B. Any party to the Agreement may terminate its Agreement relationship at any time by
giving 60,day written notice to the other party. Town shall reimburse District for any and
all respective costs to the individual party, incurred in the performance of services as set
forth in this agreement from the date of the last invoice up to and including the final date
fixed through any early termination.
C. Neither Town nor any officer or employee thereof is responsible for any damage or
liability occurring by reasons of negligent or wilifid misconduct by District under or in
connection with any work performed, authority or jurisdiction delegated to District under
this Agreement. Pursuant to Government Code Section 895.4, District shall fully defend,
indemnify and save harmless Town and its officers and employees from all claims, suits
or actions of every name, kind and description brought for or on account of injuries to or
death of any person or damage to property resulting from any negligence or willful
misconduct in connection with anything done or omitted to be done by District under or
in connection with any work, authority or jurisdiction delegated to District under this
Agreement.
D. Neither District nor any officer or employee thereof shall be responsible for any damage
or liability occurring by reasons of negligent or willful misconduct- by Town under or in
connection with any work, authority or jurisdiction of Town under this Agreement.
Pursuant to Government Code Section 895.4, Town shall defend, indemnify and save
harmless District and its officers and employees frorri all claims, suits or actions of every
name, kind and description brought for or on account of injuries to or death of any person
or damage to property resulting from any negligence or willful misconduct in connection
with anything done or omitted to be done by Town under or in connection with any work,
authority or jurisdiction of Town under this Agreement.
E. No amendment to this Agreement shall be valid unless made in writing and signed by the
parties hereto. No oral understanding or agreement not expressly incorporated herein
shall be binding on eitherof the parties hereto.
F. District is authorized to annually adjust Attaclunent l3, Rate Schedule to reflect changes
in the cost of labor, vehicles and equipment, and/or materials, supplies and disposal costs.
map $. LC OMso^nce,Agreemenf WV37 SD tl&tvr Avtanoni
_ .
Btkrctive; July p, 2012
Page 3 of 8
TOWN OF LOS GATOS-STORM DRA:fN MAINTENANCE
AND RESPONSE SERVICES AGREEMENT
No later than March 15 of each year; District shall advise Town of any anticipated
changes to Attachment B, Rate Schedule. The Town shall have an opportunity to meet
and confer with the District regarding proposed ,adjustments to Attachment B, Rate
Schedule, until May 15 of each year. Final changes will be provided by District to Town
by June 15 and will become effective for the following fiscal year beginning July 1. The
District shall provide documentation supporting changes to costs charged to the Town
upon Town's request.
G. District agrees to provide its Maintenance and Contingency services to Town as set forth
in this agreement at annual costs not exceeding amounts shown in Attachment C for the
fiscal year starting July 1, 2012 and ending June 30, 2013; the Town shall be notified for
any services exceeding the Agreeraeut dollar amount and not occur without Town's prior
written authorization. Both the Maintenance Services Not -To -Exceed amount and the
Additional Services Contingency amount may be annually revised as necessary to
conform to the mutually agreed upon annual budget developed as set forth in Sections 1-E
and I1-E above, and tn.ay also be included as an attachment to final annualbudget.
11. Any notice served pursuant to this Agreement shall be personally delivered or sent by
first class U.S. mail or by overnight courier promising overnight delivery to the
following:
Town of Los Gatos
Parks and Public Works Director
Town of Los Gatos
41 Miles Avenue
Los Gatos, CA. 95.030
District: District General Manager
West Valley Sanitation District
100 East Sunnyoalcs Avenue
Campbell, CA 95008
Notice shall be effective on the date of receipt of personal delivery or certified U.S. mail
or three days after .mailing by regular U.S. mail or on the date promised for delivery by
an overnight courier, whichever is earlier.
H. This Agreement includes the following attachments, which are incorporated herein by
reference:
WY , b, tG OM Sen4ees Ayneertgn!
Attachment A: Scope of Services
Attachment B: Rate Schedule
Attachment C: Annual Agreement Costs
Page 4 of 8
W'YSE, SD O&M A$teeirem
it tolive' duly i , 2012
Jon P. ewby, District Manag
TOW OF LOS GATOS:
TOWN OF LOS GATOS-STORM DRAIN MAINTENANCE
AND RESPONSE SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
indicated next to their signatures.
WEST VALLEY SANITATION DISTRICT: App ed as to fo d legality:
f3Z
Date
("keg L5n, Toi Manager Date
wV$D L b OM Services Agreement
4,„..Stever R. yers, District Counsel Date
Attest: 8P19/ 1:P
e‘rA4s.,fre-•+_2, mate
Approved as to form sieleiwykalr
Date
Atte
Page 5 of 8
rin Vekitaria, Clerk Administrator Date
. .
wysD SI) O&M Agrtemet31
Effeptive: July 1, 2012
TOWN OFLOS GATOS-STORM DRAIN MAINTENANCE
AND RESPONSE SERVICES AGREEMENT
Attachment A
SCOPE OF SERVICES
1. Between May 1 and September 30 of each year, the dry season as defined by the Municipal
Regional Permit (MRP), inspect all public right-of-way Full Capture Devices (FCDs), clean
as necessary and record debris removal data as required by the Municipal Regional Permit.
2. Annually inspect Town's storm drain system as needed to comply with requirements of the
MRP, inebnling geographic cross section and wet weather restrictions. Clean and remove
debris from catch basins and storm drain lines that were determined through inspections to
warrant cleaning, recording debris removal as required by the Municipal Regional Permit.
3 At .minimum every two years, conduct visual inspections of storm drain catch basins within
the Town and advise Town of any system deficiencies, including .compliance with 80%
stencil visibility standardrequired by the MRP, as well as condition of grates and inlets,
surrounding pavement and concrete, and/or other notable features that might potentially
impact system performance.
4. Alert Town immediately of any irztrrainent and serious health or safety hazards discovered in
the course of inspection and maintenance activities, and secure site and surrounding area as
appropriate; e.g., missing grate or manhole cover.
5. As requested by Town, conduct CCTV inspections of stoma drain lines.
6. As requested by Town, or as indicated based on visual inspections and debris removals,
provide appropriate cleaning of storm drain lines,
7. In support of storm drain maintenance activities, District shall provide engineering services
to create and maintain storm sewer system mapping and associated GPS services.
8. Assist Town as requested, and to the extent District resources are available, in responding to
non -hazardous materials emergencies, soda as blocked storm drain inlets and/or localized
street flooding.
9. Provide Town and the West. Valley Clean Water Program with an annual report no later than
May 15 of each year of storm drain cleaning activities and debris removal as necessary to
meet reporting .requirements of the. Municipal Regional Permit.
W VSMI & 1G OM Stokes Aarerarnert WV &) SD O&! i Agreement
Efkotitie. July 1,2012
Page 6 of 8
'TOWN OF LOS GATOS-STORM DRAIN MAINTENANCE
AND RESPONSE SERVICES AGREEMENT
1. Labor'
Attachment /3
RATE SCA"RDULE
For Work Performed from Ja#y 1, 2012 through June 30, 2013
Classification
Operations Supervisor
Supervising Lead Worker
Maintenance Lead Worker w/ Specialty
Maintenance Worker 11 w/ Specialty
Maintenance Worker II
Maintenance Worker I
Associate Engineering Technician
2. Vehicles and Equipment**
Equipment Name
Vactor Unit
CCTV Unit.
Dump Truck
Pickup Truck
Hour: y Rate Overtime Rate
$102.96 $102.96
$80.48 $120.73
$74.52 $1.11.78
$66.76 $100.15
$59.96 $89.95
$57.24 $85.85
$73.42 $13 0.14
Hourly Rate
$129.86/hr
$77.09/hr
$51.72
$25.04
3. Materials, Supplies and Disposal Costs
Item Description
Water (Gal)
Cost
$O.00605/Gal
Waste Disposal (Ton)
$85.16/Ton
•Hourly rates for labor are based on top -step employee .labor costs for the listed classification. Cost cf services
billed to Town will be based ort actual employee costs, which may be lower than those listed.
**District may elect to use Caltrans Equipment Rental Rates or other verifiable rent& rates in lieu of those listed,
with supporting documentation as requested by the Town
W;tSD 2 t{; OM Secs.•ei hgrwenw^t
Page 7 of 8
WVS?7SD. WAAgreement
Effective July 1, 2012
TOWN OF LOS UATOS-STORM DRAIN MAINTENANCE
AND RESPONSE SERVICES AGREEMENT
Attachment C
ANNUAL AGREEMENT COSTS
Period: July 1, 2012 — June 30, 2013
1. TOWN OF LOS GATOS:
1. Maintenance Services Not -To -Exceed
Amount: $28,600
2. Additional Services Contingency
Amount: $3,000
A61)1, (C. OM Srre±, NyeAmer,1 VSD $;,) Oeim Afretrincr:
litiective ...rol•.< 1,21[2
Page 8 of 8
FIRST AMENDMENT TO AGREEMENT
CLERIC DEFARTML`..
At3k t t -
fill:
ORD
This FIRST AMENDMENT TO AGREEMENT is dated for identification this f_.day.ofJulhr 2 14 _ --
and amends that certain agreement for STORM DRAIN MAINTENANCE SERVICES dated July I,
2012, made by and between the Town of Los Gatos, ("Town,"') and the West Valley Sanitation
District of Santa Clara County (District.")
RECITALS
A, Town and District entered into a Storm Drain Maintenance Services Agreement on July 1.
2012. ("Agreement"), a copy of which is attached hereto and incorporated by reference as
Attachment I to this Amendment.
R. Town desires to amend the Agreement by extending the Agreement period and inz,�reasing the
total compensation by $6,400 per year to a total contract amount not to exceed $38,000 per
year.
AMENDMENT
1. Section III.A is amended to read as follows:
This Agreement shall commence on July I, 2012, or such later date as indicated by the latest
date of approval by either of the parties to this agreement, and shall continue in full force
through. June 30. 2016, unless terminated earlier pursuant to section III.B.
2. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos
By:
Greg Lass6ii, Town Manager
Department Approval:
Matt Morley
Parks and Public Works Director
1
Approved as to Consent:
By: /' 1 -A J
Jon P,ewby, District Man
Approved as to Form:
•1.1* ''i
Ste R. Meyers, District Counsel
Approved as to Form:
ATTACHMENT 2
Lr
FIRST AMENDMENT TO AGREEMENT
CLERIC DEFARTML`..
At3k t t -
fill:
ORD
This FIRST AMENDMENT TO AGREEMENT is dated for identification this f_.day.ofJulhr 2 14 _ --
and amends that certain agreement for STORM DRAIN MAINTENANCE SERVICES dated July I,
2012, made by and between the Town of Los Gatos, ("Town,"') and the West Valley Sanitation
District of Santa Clara County (District.")
RECITALS
A, Town and District entered into a Storm Drain Maintenance Services Agreement on July 1.
2012. ("Agreement"), a copy of which is attached hereto and incorporated by reference as
Attachment I to this Amendment.
R. Town desires to amend the Agreement by extending the Agreement period and inz,�reasing the
total compensation by $6,400 per year to a total contract amount not to exceed $38,000 per
year.
AMENDMENT
1. Section III.A is amended to read as follows:
This Agreement shall commence on July I, 2012, or such later date as indicated by the latest
date of approval by either of the parties to this agreement, and shall continue in full force
through. June 30. 2016, unless terminated earlier pursuant to section III.B.
2. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos
By:
Greg Lass6ii, Town Manager
Department Approval:
Matt Morley
Parks and Public Works Director
1
Approved as to Consent:
By: /' 1 -A J
Jon P,ewby, District Man
Approved as to Form:
•1.1* ''i
Ste R. Meyers, District Counsel
Approved as to Form:
ATTACHMENT 2
1 of 3
West Valley Sanitation District – Second Amendment – Storm Drain Maintenance and Response Services
SECOND AMENDMENT TO
STORM DRAIN MAINTENANCE AND RESPONSE SERVICE AGREEMENT
This SECOND Amendment (SECOND AMENDMENT) to the Agreement for Storm Drain
Maintenance and Response Services (AGREEMENT) is entered into and effective the first day of
July, 2016 by and between the TOWN OF LOS GATOS, a municipal corporation (TOWN) and
WEST VALLEY SANITATION DISTRICT (DISTRICT);
RECITALS
A. The parties entered into AGREEMENT on July 1, 2012, (“Agreement”), a copy of which is
attached hereto and incorporated by reference as Attachment 1 to this Second Amendment.
B. The parties entered into a FIRST AMENDMENT on July 1, 2014 (“First Amendment”), a
copy of which is attached hereto and incorporated by reference as Attachment 2 to the
Second Amendment.
C. TOWN desires to formally renew and extend the Agreement (Section III.A. of Agreement)
for continued services under the Agreement with District.
AMENDMENT
1. TERM OF AGREEMENT: Effective July 1, 2016 through June 30, 2017.
2. REIMBURSEMENT: TOWN shall reimburse DISTRICT for all costs of services provided,
based on the 2016/17 Rate Schedule attached hereto as Attachment B, in an amount not to
exceed $36,000, plus $7,000 for additional services contingency for maintenance services,
based on the Annual Agreement Costs attached hereto as Attachment C.
3. All other terms and conditions of the AGREEMENT remain in full force and effect.
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos West Valley Sanitation District
_______________________________ ________________________________
Laurel Prevetti, Town Manager Jon P. Newby, District Manager
Approved as to Form: Approved as to Form:
___________________________________ ___________________________________
Robert Schultz, Town Attorney Steven R. Meyers, District Counsel
Department Approval:
__________________________________
Matt Morley, Director of Parks and Public Works
Attachment 3
2
3