HomeMy WebLinkAboutAgreement - Santa Clara Valley Water District - Cost Sharing Agreement #A4323S Betweent the Santa Clara Valley Water District and the City of Gilroy - Signed 2022-11-08SECOND AMENDMENT TO
COST SHARING AGREEMENT
#A4323S BETWEEN THE
SANTA CLARA VALLEY WATER DISTRICT
AND THE CITY OF GILROY
FOR WATER CONSERVATION PROGRAMS
This Second Amendment (“Second Amendment”) between the Santa Clara Valley Water District (“VALLEY WATER”) and the City
of Gilroy (“GILROY”) amends the Agreement No. A4323S, enacted on December 1, 2019 (the “Agreement”), as amended by the
First Amendment dated July 1, 2021, between the Santa Clara Valley Water District and the City of Gilroy. VALLEY WATER and
GILROY may individually be referred to as the Party or collectively the Parties. This Second Amendment is effective once fully
executed by the Parties (“Second Amendment Effective Date”).
RECITALS
WHEREAS, Under the terms of the Agreement, VALLEY WATER agreed to supplement GILROY’s Water Use Reports Program to
persons residing in the City of Gilroy; and
WHEREAS, GILROY and VALLEY WATER desire to extend the term of the Agreement from June 30, 2021 to the earlier of June
30, 2024, or when funds under this Agreement are depleted, whichever occurs first.
NOW, THEREFORE, the parties agree to amend the Agreement as follows:
1. In the Agreement, Section 5, delete the first sentence and replace it with the following:
“The Term of the Agreement is from December 1, 2019 to June 30, 202 4, or until funds are depleted, whichever occurs first.”
2. All of the terms and conditions of the Agreement and the First Amendment not otherwise modified by this Second
Amendment shall remain in full force and effect.
IN WITNESS THE EXECUTION HEREOF the parties agree that this Second Amendment shall be effective as of the Second
Amendment Effective Date set forth above and have set forth below their consent to the terms and conditions of this Second
Amendment through the signatures of their duly authorized representatives .
SANTA CLARA VALLEY WATER DISTRICT
A Special District created by the California Legislature
Approved as to form:
By:
Rick L. Callender
Chief Executive Officer
CITY OF GILROY
Approved as to form:
By: By: _____________________________________
Andy Faber Gabriel Gonzalez
City Attorney City Administrator
City of Gilroy City of Gilroy
Attest:
City Clerk
DocuSign Envelope ID: 8B9848EA-DB91-4DC7-986C-F911480400ACDocuSign Envelope ID: 049B4CEC-E2D2-4812-938D-81EC87097397
Jimmy Forbis
DocuSign Envelope ID: C9456885-530B-4B56-9D2F-67C4578C7C65
Certificate Of Completion
Envelope Id: C9456885530B4B569D2F67C4578C7C65 Status: Completed
Subject: Complete with DocuSign: 3_A4323S_Second Amendment Gilroy_final.pdf
Source Envelope:
Document Pages: 1 Signatures: 3 Envelope Originator:
Certificate Pages: 5 Initials: 0 Keila Cisneros
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
5750 Almaden Expressway
San Jose, CA 95123
KCisneros@valleywater.org
IP Address: 64.190.101.20
Record Tracking
Status: Original
11/2/2022 10:37:00 AM
Holder: Keila Cisneros
KCisneros@valleywater.org
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Valley Water Location: DocuSign
Signer Events Signature Timestamp
Andy Faber
Andy.Faber@berliner.com
City Attorney
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 68.121.158.241
Sent: 11/2/2022 1:01:27 PM
Resent: 11/3/2022 11:31:48 AM
Resent: 11/7/2022 7:50:13 AM
Resent: 11/8/2022 1:21:10 PM
Resent: 11/8/2022 1:21:13 PM
Resent: 11/8/2022 1:21:15 PM
Viewed: 11/8/2022 2:25:34 PM
Signed: 11/8/2022 2:26:04 PM
Electronic Record and Signature Disclosure:
Accepted: 11/8/2022 2:25:34 PM
ID: c4d50406-2914-4848-8012-e0a8b849143a
Jimmy Forbis
jforbis@cityofgilroy.org
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 71.93.228.96
Signed using mobile
Sent: 11/8/2022 2:26:07 PM
Viewed: 11/8/2022 2:35:20 PM
Signed: 11/8/2022 2:35:36 PM
Electronic Record and Signature Disclosure:
Accepted: 11/8/2022 2:35:20 PM
ID: 9c1fe884-3651-4d98-bca5-8a44cbf5df50
Thai Pham
thai.pham@cityofgilroy.org
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 66.189.161.134
Sent: 11/8/2022 2:35:38 PM
Viewed: 11/8/2022 2:41:00 PM
Signed: 11/8/2022 2:41:07 PM
Electronic Record and Signature Disclosure:
Accepted: 11/8/2022 2:41:00 PM
ID: 5333ceab-2add-404f-9a7e-67ed2cc4d889
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/2/2022 1:01:27 PM
Certified Delivered Security Checked 11/8/2022 2:41:00 PM
Signing Complete Security Checked 11/8/2022 2:41:07 PM
Completed Security Checked 11/8/2022 2:41:07 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Santa Clara Valley Water District (we, us or Company) may be required by
law to provide to you certain written notices or disclosures. Described below are the terms and
conditions for providing to you such notices and disclosures electronically through the DocuSign
system. Please read the information below carefully and thoroughly, and if you can access this
information electronically to your satisfaction and agree to this Electronic Record and Signature
Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to
use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign
system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Electronic Record and Signature Disclosure created on: 4/13/2020 12:14:06 PM
Parties agreed to: Andy Faber, Jimmy Forbis, Thai Pham
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Santa Clara Valley Water District:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by phone call: (408) 630-2360
To contact us by email send messages to: RecordsStaff@valleywater.org
To contact us by paper mail, please send correspondence to:
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95123
To advise Santa Clara Valley Water District of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at and in the body of such request
you must state: your previous email address, your new email address. Please contact the
requesting department or our main Front Desk at (408) 630-2600 to be transferred to the
appropriate department.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from Santa Clara Valley Water District
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to mcook@valleywater.org and in the
body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with Santa Clara Valley Water District
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to RecordsStaff@valleywater.org and in the body of such request you must
state your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. Please contact the requesting department or our
main Front Desk at (408) 630-2600 to be transferred to the appropriate department..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before
clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify Santa Clara Valley Water District as described above, you
consent to receive exclusively through electronic means all notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided
or made available to you by Santa Clara Valley Water District during the course of your
relationship with Santa Clara Valley Water District.