Loading...
HomeMy WebLinkAboutSCVWD - 2014 Grant Funding Agreement Clean Safe Creeks - Amendment No. 1AMENDMENT NO.1 To Grant Agreement No. A3594R By and Between Santa Clara Valley Water District and City of Gilroy. Grant Funding Agreement ( "Agreement ") dated July 1, 2012, by and between the Santa Clara Valley Water District ( "District ") and the CITY OF GILROY ( "City ") is hereby amended as stated below. District and City may be referred individually as "Party" or collectively as "Parties" hereinafter. WHEREAS, In reference to the original scope (item 3.e), the project has been cancelled and the two proposed activities have relocated to facilities that have wash pads and do not require intervention rendering original identified activities notfeasible; WHEREAS, In reference to the original scope (item 4) having an environmental staff person to survey and identify and evaluate areas for improvement of storm water quality became problematic primarily due to hiring restrictions. NOW THEREFORE, in consideration of the mutual promises and agreements contained herein, District and City hereby agree to amend the Agreement as follows: 1. In the Agreement, Section 2, PAYMENT OF GRANT AWARD, delete the first sentence and replace with the following: "The District agrees to provide City funding, not to exceed $40,000 over a span of two - year period for those expenses associated with performing, overseeing and implementing the scope of services specified in the Revised Scope of Services, attached as Exhibit A to this Agreement, subject to the terms and conditions of this Agreement ( "Grant Award "). 2. In the Agreement, delete Exhibit A (Scope of Services) in its entirety and replace with the Revised SCOPE OF SERVICES attached to this Amendment #1 as Exhibit A. 3. All other terms and conditions of Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment No.1 to Agreement as indicated below, and agree that it is effective upon full execution by both Parties. Pagel of 2 Signature: �,-T s CITY OF GILROY (n CA Signature: ► ► ►YYYLLL 1� Name: Name Title: Title: Date: Date: Page 2 of 2 -LaAm ps EXHIBIT A REVISED SCOPE OF SERVICES for Agreement A3594R Italics text is an update on the activity. Yellow highlight indicates a change, and red text is new activities. Subject to the terms and conditions of this Agreement, the City agrees to undertake all of the following work activities as part of the City Environmental Program from September 1, 2012 to June 30, 2014: Maintain and implement Adopt- a- Spot/Maintain -a -Drain activities during each fiscal year; (Funded Amount Not -to- Exceed: $1,700); All activities to be completed and all funds to be spent per agreement Conduct two (2) creek litter cleanup events during each fiscal year (Funded Amount Not -to- Exceed: $11,300); All activities to be completed, however, will come under budget by $3000. Redirect the $3000 unspent to work on a Public Service Video Activity (see New activity #3h) 3. Conduct surface pollutant runoff reduction activities including, but not limited to: a. Developing a web page with public information on non -point source water pollution addressing pollutants such as sediments, nitrates, metals, pesticides, or other pollutants of concern (Funded Amount Not -to- Exceed: $2,500); All activities completed however, came under budget by $2.040. Redirected remaining $2040 to item 3.b which went over budget. I). Developing new or translate into Spanish existing outreach materials on non - point source water pollution topics including signage, social media content, brochures, and advertisement (Funded Amount Not -to- Exceed: $500); Activity completed however went overbudget by $2,456.80. Leftover money from 3.a ($2,040) andfrom #3f($417) totaling $2,456.80 transferred to this 3.b C. Conducting public outreach at four (4) civic events (2 events per fiscal year) (Funded Amount Not -to- Exceed: $2,000); All activities to be completed and all funds spent per agreement. d. Conducting public outreach to Gilroy youth through the schools (14 in the GUSD and 3 -5 private schools) or other means (Funded Amount Not -to- Exceed: $6000); Expected to be completed by an educational display that is aimed at school aged children. e. Evaluating at least one local entity and advise them, including assistance in investigating pollution prevention controls and fund as much as possible of the equipment costsfordevices that are installed (demonstration project) and conduct evaluation for control pollutant runoff (Funded Amount Not -to- Exceed: $5,000): Activity deemed infeasible. Redirecting the budgeted amount of $5,000 to new watershed education activity area at Gilroy Gardens, see new activity 3g. f. Obtaining equipment for use by fund raising car wash groups to prevent runoff to storm drains. (Funded Amount Not -to- Exceed: $1,000). Activity to becompleted as redesigned. Will not provide equipment due to infeasibility, instead will provide public education materials to be handed out at fund raising car wash events. Will be under budget by $417 and redirecting this amount to activity #3b which was overbudget. Increase public knowledge of the watershed and thefate of pollutants that may enter it. This is to be done via funding signage and displays at anew water play area at the Gilroy Gardens Amusement Park. The play area will provide basic information on how a watershed works. Redirecting $10,O00from activity #4 and $5, 000 from activity #3e. Note: The city is also providing matching funds of $5, 000 from monetary settlement from a hazardous waste enforcement case that provided a supplemental environmental project. h. Developing an educational Public Service Video that features the City's Youth Commission. This activity will meet the goals of public education and youth outreach. Redirecting the $3000 unspent from activity #2. 4. Have an environmental staff person (intern) survey to identify and evaluate areas for improvement of storm water quality, especially as it relates to fecal coliform, sediment, nutrients and toxic materials. Create a recommendation of actions that could be carried out with other funding or future grant monies. (Funded Amount Not -to- Exceed: $10,000); Activity deemed infeasible due to hiring restrictions. Instead redirected budgetof $10,000 to watershed education activity area at Gilroy Gardens. 5. The unused portion of the Not -to- Exceed amount allocated to any of the assigned tasks described above may be reallocated to another task described above only if: (i) the task that such unused portion of the Not -to- Exceed amount sought to be transferred from is complete, and (ii) the District Watershed Stewardship Division Deputy Officer approves in writing such transfer. 6. Acknowledge the support of the District's Board of Directors by including the District logo in City's Pollution Reduction Program publications, including newsletters, program activity announcements, articles, flyers, media coverage, recognition events, and by referencing this grant funding during regulatory and management status reports, etc.( cost of logos will be included in publications and supplies); and 7. Upon District request, City is required to conduct one project or event site tour during each fiscalyear. City may be asked and will endeavor to accommodate dates and times at which the District board members, management staff, or both may visit. DATE: March 7, 2014 City of Gilroy STAFF REPORT TO: Thomas J. Haglund, City Administrator CC: hristi Abrams, Community Development Director FROM: Jackie Bretschneider, Fire Marshal and Pretreatment Program Manager SUBJECT: Revised MOU for the Santa Clara Vallee Water District Clean Creeks Agreement A3534R I have requested approval of modifications to the Scope of Services in the two year grant Agreement A3594R that we implement as the Gilroy Clean Creeks Program, under the Environmental Services Component of the Community Development Department. I have requested that $9,260.66 unspent from Fiscal Year 2013 be transferred to this fiscal year (2014). 1 have also requested that some of the funds be redirected between the activities listed in the MOU, and to replace two of activities described with two different activities. We were not able to complete some activities in the prior fiscal year and the SCVWD requires that we obtain their approval for the expenditure of the funds in this fiscal year. I have already done a budget carryover during the end of year budget activities with our Finance Department. I also found that some activities went under budget and some over, due to lack of experience in estimating costs for these activities. The MOU does allow for the funds budgeted for activities to be redistributed, with SCVWD approval. Lastly, I found that two of the proposed activities are no longer feasible. I do have two new activities that I believe are equitable in achieving the goals set out in the original MOU scope of services. One of those is providing support to the Gilroy Gardens new water play activity area to have a watershed educational component. The attached narrative explains each of the changes. This narrative uses the original MOU Scope of Services with an update on the activity and the proposed changes. This information and request to amend has been reviewed by Juan Ledesma of the SCVWD, who is now the person in charge of the Safe Clean Water Program (new name for what used to be Clean Creeks). He is satisfied with the proposed changes. The District does not require a City Council action, however, it does require a signature by the City Administrator to agree to the amendment of the MOU Scope of Services (activities and budget). Please find the attached Agreement to amend the Scope of Services and provide direction on what I should do to proceed. AMENDMENT NO. 1 To Grant Agreement No. A3594R By and Between Santa Clara Valley Water District and City of Gilroy Grant Funding Agreement ( "Agreement ") dated July 1, 2012, by and between the Santa Clara Valley Water District ( "District ") and the CITY OF GILROY ( "City ") is hereby amended as stated below. District and City may be referred individually as "Party" or collectively as "Parties" hereinafter. WHEREAS, In reference to the original scope (item 3.e), the project has been cancelled and the two proposed activities have relocated to facilities that have wash pads and do not require intervention rendering original identified activities not feasible; WHEREAS, In reference to the original scope (item 4) having an environmental staff person to survey and identify and evaluate areas for improvement of storm water quality became problematic primarily due to hiring restrictions. NOW THEREFORE, in consideration of the mutual promises and agreements contained herein, District and City hereby agree to amend the Agreement as follows: 1. In the Agreement, Section 2, PAYMENT OF GRANT AWARD, delete the first sentence and replace with the following: "The District agrees to provide City funding, not to exceed $40,000 over a span of two - year period for those expenses associated with performing, overseeing and implementing the scope of services specified in this subject to the terms and conditions of this Agreement. The total amount of the grant funding that the District will provide under the Agreement shall not exceed $40,000 ( "Grant Award ")." 2. In the Agreement, delete Exhibit A (Scope of Services) in its entirety and replace with the Revised SCOPE OF SERVICES attached to this Amendment #1 as Attachment One 3. All other terms and conditions of.Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment No.1 to Agreement as indicated below, and agree that it is effective upon full execution by both Parties. Pagel of 2 SANTA CLARA VALLEY WATER DISTRICT Signature: Name: Title: Date: CITY OF GILROY Signature: Name: Thomas J. Haglund Title: City Administrator Date: �jt�j lL �f Page 2of2 EXHIBIT A SCOPE OF SERVICES for Agreement A3594R Italics text is an update on the activity. Yellow highlight indicates a change, and red text are new activities. Subject to the terms and conditions of this Agreement, the City agrees to undertake all of the following work activities as part of the City Environmental Program from September 1, 2012 to June 30, 2014 and the following year: 1. Maintain and implement Adopt -a -Spot /Maintain -a -Drain activities during each fiscal year; (Funded Amount Not -to- Exceed: $1,700); All activities to be completed and all funds to be spent per agreement 2. Conduct two (2) creek litter cleanup events during each fiscal year (Funded Amount Not -to- Exceed: $11,300); All activities to be completed, however, will come under budget by $3000. Propose to redirect the $3000 unspent to work on a Public Service Video Activity (see new activity #3h) 3. Conduct surface pollutant runoff reduction activities including, but not limited to,: a. Developing a web page with public information on non -point source water pollution addressing pollutants such as sediments, nitrates, metals, pesticides, or other pollutants of concern (Funded Amount Not -to- Exceed: 52,500',; All ilctiv +'Fie; completed however. came under budget by 52040. P," otiose to redirect remaining $2040 to item 3.b which went over budget. b. Developing new or translate into Spanish existing outreach materials on non -point source water pollution topics including signage, social media content, brochures, and advertisement (Funded Amount Not -to- Exceed: 5500); Activity completed however went over budget by 5 2456.80. Propose using left over money from 3.o ($2040) and from #3f ($417) to a total of $2456.80. c. Conducting public outreach at four (4) civic events (2 events per fiscal year) (Funded Amount Not -to- Exceed: $2,000); All activities to be completed and all funds spent per agreement. d. Conducting public outreach to Gilroy youth through the schools (14 in the GUSD and 3 -5 private schools) or other means (Funded Amount Not -to- Exceed: $6000); Expected to be completed by an educational display that is aimed at school aged children. e. Evaluating at least one local entity and advise them, including assistance in investigating pollution prevention controls and fund as much as possible of the equipment costs for devices that are installed (demonstration project) and conduct evaluation for control pollutant runoff (Funded Amount Not -to- Exceed: $5,000); Activity deemed infeasible. Propose redirecting the budgeted crnount of $5000 to new watershed education activity area at Gilroy Gardens, see new activity 39. f. Obtaining equipment for use by fund raising car wash groups to prevent runoff to storm drains. (Funded Amount Not -to- Exceed: $1,000). Activity to be completed as however redesigned. Will not provide equipment due to infeasibility, instead will provide public education moterials to be handed out of fund raising car wash events. viiiii be under budget by $417 and redirecting this amount to activity #3b which was over budget. r Increase public hnovjiedge of the watershed and th; fate of poliutants that may enter it. This is to be done via funding sign „qe and displays at a nc "w water 0!71 n . a c.r r r;rro„ Gardens Amusement Park. The plo r y area tvr;i pr,^,vide basr; t' ^n '7 �� c r";�j'.'.Cl LVCrnS �?:IireCt!!7'. ^• $70,OOt1;ro�r ^:t;:l<L'r -; i? "', "5000 from aCt 'rty #tee. Note: Tl ;e city is also pro�,air; motching f linos ). $5,000 from monetary settlement from a hazardous waste enforcement case that provideLl a supplementol environmental project. Public Service Video, which will be used to meet goals of publiz- education and youth outreach by usin; the City's Youth Co-m,nis =Ion to be in the video. Use $ 3000 unspent from activity #2. 4. Have an environmental staff person (intern) survey to identify and evaluate areas for improvement of storm water quality, especially as it relates to fecal coliform, sediment, nutrients and toxic materials. Create a recommendation of actions that could be carried out with other funding or future grant monies. (Funded Amount Not -to- Exceed: $10,000); Activity deemed infeasible due to hiring restrictions. Instead redirect budget of $10,000 tc watershed educat;,I-nal activity area nt Gilroy Gardens. S. The unused portion of the Not -to- Exceed amount allocated to any of the assigned tasks described above may be reallocated to another task described above only if: (i) the task that such unused portion of the Not -to- Exceed amount sought to be transferred from is complete, and (ii) the District Watershed Stewardship Division Deputy Officer approves in writing such transfer. Acknowledge the support of the District's Board of Directors by including the District logo in City's Pollution Reduction Program publications, including newsletters, program activity announcements, articles, flyers, media coverage, recognition events, and by referencing this grant funding during regulatory and management status reports, etc.( cost of logos will be included in publications and supplies); and Upon District request, City is required to conduct one project or event site tour during each fiscal year. City may be asked and will endeavor to accommodate dates and times at which the District board members, management staff, or both may visit.