HomeMy WebLinkAboutSCVWD - 2014 Grant Funding Agreement Clean Safe CreeksSCVWD ENACTED COPY
Contract Administration Unit
AGMT S Ili 9, , FILE: 2L3L5 31
GRANT FUNDING AGREEMENT
BY AND BETWEEN
SANTA CLARA VALLEY WATER DISTRICT
AND
CITY OF GILROY
THIS GRANT FUNDING AGREEMENT ( "Agreement ") is made. and entered into effective
as of July 1, 2012, by and between the Santa Clara Valley Water District, an independent
special district created by the Legislature of the State of California ("District"), and the
City of Gilroy (City).
RECITALS
A. Whereas, the District's Clean Safe Creeks and Natural Flood Protection Ballot Measure B ( "Clean
Safe Creeks") was passed by over two-thirds of the electorate in Santa Clara City on
November 7, 2000.
B. Whereas, Clean Safe Creeks seeks to accomplish the following four main outcomes: (1) protect
horimes, schools, businesses and roads from flooding and erosion; (2) protect, enhance, and
restore healthy creek and bay ecosystems; (3) provide additional open space trails and parks
along creeks; and (4) provide clean, safe water in creeks and bays.
C. Whereas, the grant funding authorized under this Agreement will further the.' District's efforts in
- ���- ac(i7eving tfie secondoutcome o `Clean 5a ee Creeks (i:e. protect, en�nce;�and restore healthy �
creek and bay ecosystems).
D. Whereas, the Clean Safe Creeks plan specifies that the reduction of runoff pollution from
residential, commercial and industrial sites by encouraging pollution prevention practices is
important in protecting, enhancing, and restoring healthy.creek and bay ecosystems.
E. Whereas, the City administers pollutant runoff reduction activities as part. of their recreation,
Community Development programs, including pollution prevention practices to reduce
contaminants from urban runoff.
F. Whereas, the District desires that the City undertake the commitments described in this
Agreement as part of the City's'Community Development Environmental Program, which will
further the District's efforts in protecting, enhancing, and restoring healthy creek and bay
ecosystems.
G. Whereas, the City desires to undertake said commitments and represents that it is qualified and
capable of doing so.
NOW THEREFORE, the parties agree as follows:
1. TERM OF AGREEMENT. The term of this Agreement shall commence on September 1, 2012, and
shall expire on June 30, 2014, unless sooner terminated in accordance with the terms of this
Agreement. All services described in Exhibit A must be completed by June 30 of each year.
2. PAYMENT OF GRANT AWARD. The District agrees to provide City funding, not to exceed $40,000
over a span of two year period with a maximum of $20,000 per District fiscal year, for those
expenses associated with performing, overseeing and implementing the scope of services described
in Exhibit A, attached hereto and incorporated herein by this reference (hereinafter `Scope of
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Services "), subject to the terms and conditions of this Agreement. The total amount of the grant
funding that the District will provide under this Agreement shall not exceed $40,000 ( ".Grant
Award "). City shall provide the District with such statements, invoices, receipts, and other
information for all costs it seeks to be reimbursed for under this Agreement Payment.of the Grant
Award will be paid at the end of fiscal year by June 30 as a single reimbursement payment. The
reimbursement payment will be paid within 30 calendar days after the District receives a
satisfactory mid -year progress report and a year -end report (both in the form of Exhibit C)
submitted by City staff per Section 4 of this Agreement .and all documentation supporting the costs
for which City seeks reimbursement. The District will not reimburse City for anycosts incurred for
any work that: (1) -does not come within the.Scope of 'Services as described in Exhibit A, or (ii) the
District reasonably determines the progress report submitted by City staff is not complete. The
District or Clean Safe Creeks Independent Moni toting Committee ("IMC") shall have the.right to
request information as it may deem necessary to ascertain City s, performance and compliance of
this Agreement. The City shall be given no less than 10 calendar days to respond to requests made
by the District or the IMC.
3. USE OF GRANT AWARD. The Grant Award will only be used to reimburse City for its costs to
undertake and complete the items set forth in the Scope of Services, attached hereto as Exhibit A.
4. MONITORING AND EVALUATION. City shall furnish all data, statements, records, information, and
reports necessary for the District to monitor, review and evaluate the performance of the,-Scope of
Services. At a minimum, City shall prepare and submit a mid -year and end -of- year progress-reports.
The City shall submit the mid -year progress report to the District no later than January 16 of each
year and the year-end: progress report no laterthan June 16 of each year. These progress reports
shall include the following information:
• The number and type of campaign /outreach event and date of each event during each fiscal
year,
• The miles of creek cleanup completed for each event and the amount of trash removed in that
particular creek location completed during each fiscal year;
• The number and type of pollutant runoff reduction activity during each fiscal year;
• The amount of trash removed from creeks during each fiscal year;
• A description of all City promotions and outreach activities geared towards reducing urban
runoff such as Videos, media advertisements, events, websites, outreach campaigns; etc.
• Status of new program measures geared towards reducing urban runoff from businesses that
may identified over the term of this Agreement.
• Total cost incurred in carrying out the Scope of Services, including labor, overhead, materials,
etc.
• Metrics to include volumes of pollutant runoff reduced, number and type of
campaign /outreach events, number and type of participants, miles of creeks completed, and
pounds of trash/litter removed from creeks.
City shall cooperate with the District and IMC in the conduct of any evaluation of City's
performance of the Scope of Services. City recognizes and agrees that an evaluation of -the Scope
of Services'may be completed after the expiration of the term of this Agreement Thebistrict shall
have the right to request the services of an outside consultant to assist in any such evaluation. Such
evaluation services shall be paid for by the District.
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S. CONTACTS. Each party's respective key contact is listed below in this Section 5. Any notice or
communication which is required to be given under this Agreement or which either party may
desire to give to the other, shall be in writing, and shall be delivered to the persons and addresses
below via personal delivery, electronic mail (in PDF format), or postage prepaid First Class U.S.
Mail:
To the City: City of Gilroy
Community Development Department
7351 Rosanna Street
Gilroy, California 95020
Fax: (408) 846 -0429
Kristi Abrams
Community Development Director
Phone: (408) 846 -0467
Email: kristi.abramsOcitvofeilroy.org
To the District: Teresa Trinh
Stream Stewardship Division
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA. 95118
Phone: (408) 265 -2607, extension 3277
_ . _..._ ._.._......._..__ _._ _ _....._ .... - ..._.. ------ -- - - -- Fax: - {408) -979 - 561-3---- 7- - - - - -_
Email: teresatrinhPvallevwater.org
Each party may designates different contact from that set forth above by providing written notice
to the other party..
6. FISCAL AND RECORD KEEPING OBLIGATIONS OF CITY.
A. City shall establish and maintain a system of accounts for the Grant Award that shall be in
conformance with generally accepted government accounting principles. City shall also
document all costs by maintaining complete and accurate records of all costs related to the
Scope of Services, including but not limited to contracts, invoices, labor costs, cash receipts,
and /or other documentation and records evidencing in proper detail the nature and propriety
of all costs in which it seeks reimbursement for pursuant to this Agreement.
B. City shall maintain records of sp 11 matters related to this Agreement including, but not limited
to, books, financial records, supporting documents, and all other pertinent records sufficient
to reflect properly all costs of whatever nature claimed to have been incurred and anticipated
to be incurred in performance of the Scope of Services. Cityshall preserve and make available
its records for: (i) a period of three (3) years from the date of expiration or sooner termination
of Agreement; or (ii) such longer period, if any, as maybe required by applicable law.
C. At anytime during normal business hours, and as often as may be deemed necessary, City
agrees that the District,,its authorized representatives, or both -shall have access to and.the
right to examine all contracts and subcontracts, invoices, payrolls, and all other data relating
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to matters covered by this Agreement for: (i) a period of three (3) years from the date of
expiration or sooner termination of Agreement; or (ii) such longer period, if any, as may be
required by applicable law.
7. INSURANCE REQUIREMENTS. City shall, prior to carrying out the Scope of Services, comply with
the insurance requirements set forth;in the attached Exhibit B, entitled "INSURANCE
REQUIREMENTS." The District Risk Manager may, at his discretion, waive any and all insurance
requirements.
8. INDEMNIFICATION. City agrees to protect, defend, indemnify and hold harmless the District, its
officers, employees and agents from any and all costs, liability, loss, damage, suits, actions, or
claims arising or resulting from the acts or omissions of City, its officers, agents, volunteers, or
employees, in the performance of this Agreement. This Section shall survive expiration or sooner
termination of this Agreement.
9. TERMINATION OF AGREEMENT. The District may, with sixty (60) calendar days prior written notice
to City, terminate this Agreement. prior to the Agreement expiration date for any material breach,
including:
A. If City makes improper use of the Grant Award;
B. If City fails to comply with any of the terms and conditions of this Agreement including
wtthout limitation, City's failure to carry out the Scope of Services or comply with the terms as
described in Exhibits; or
C. If City
submits to the District any report which is incorrect or incomplete in any respect, or is
untimely.
.Each of City's obligations under this Agreement shall be deemed material. If City fails to perform
any of its obligations under this Agreement, in addition to all other remedies provided by law, and
as may -be specified under this Agreement, the District may terminate this Agreement upon
written notice.
10. MISCELLANEOUS PROVISIONS.
A. This Agreement shall be construed, and its performance enforced, under California law.
B. The headings of the sections and subsections of this Agreement.are inserted for convenience
only. They do not constitute a part of this Agreement and shall not be used in its construction.
C. This Agreement shall not be delegated or assigned by City nor:shall any of the Scope of
Services be subcontracted to third parties, except as otherwise expressly provided herein.
Any attempted assignment of such rights or delegation of duties, either voluntary, involuntary
or by operation of law, made without the District's advance written consent shall be voidable
at the District's sole option.
D. It is understood and agreed by and between the parties that City in the performance of this
Agreement, shall not act nor is it at any time authorized to act, at the _agent or representative
ofthe.District in any matter. City further- agrees that it will not in,any manner hold itself out
as the agent or representative of the District or act in such a fashion as would give the
impression to a reasonable person that City is acting in such a-capacity.
E. Unless otherwise authorized by this Agreement, amendments to the terms and conditions of
this Agreement shall be requested in writing by the party desiring such revision, and any such
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adjustment to this Agreement shall be effective only upon the mutual agreement in writing of
the parties.
F. In no event shall a payment by District or any acceptance of payment by the City constitute or
be construed to be a waiver by the District or City of any breach of this Agreement or any
default which may then exist on the part of the District or City, and the making of any such
payment or the acceptance of any such payment while any such breach or default exists shall
in no way impair or prejudice any right or remedy available to the District or City with respect
to such breach or default.
G. This Agreement, including all exhibits and documents incorporated herein by reference,
embodies the entire agreement between the District and City and its terms and conditions.
No oral agreements or conversations with any officer, agent or employee of the District shall
affect or modify any of the terms or obligations contained in any documents comprising this
Agreement. Any such oral agreement shall be considered as unofficial information and in no
way binding upon the District.
H. If any part of this Agreement is for any reason found to be unenforceable by a court of
competent jurisdiction, all other parts nevertheless remain enforceable. The District and City
agree that to the extent that the exclusion of any unenforceable provisions from this
Agreement affects the purpose of this Agreement, then the parties shall negotiate an
adjustment to this Agreement in order to give full effect to the purpose of this Agreement or
either party may terminate this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first herein
above set forth.
Approved as to form and legality:
Santa Clara Valley Water District
Signature: ! /
Beau Goldie
Chief Executive Officer
Approved as to form and legality:
Signature: �� ti Signature:
Linda Callon `r Anthony Fulcher
City Attorney Assistant District Counsel
A
Sfiawna Freels, Ci rk
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EXHIBIT A
SCOPE OF SERVICES
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).
2. Conduct two.(2).creek litter cleanup events during each fiscal year (Funded Amount
Not - to-Exceed: $11,300).
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);
b. Developing new or translate into Spanish existing outreach materials on non -point
source water pollution topics includingsignag% social media content, brochures,
and advertisement (Funded Amount Not -to- Exceed: $500);
c. Conducting public outreach at four (4) civic events (2 events per fiscal year)
(Funded Amount Not -to- Exceed: $2,000);
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);
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);
and
f. Obtaining equipment for use by fund raising car wash groups to prevent runoff to
storm drains. (Funded Amount Not -to- Exceed: $1,000).
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).
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 approvesin
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
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grant funding during regulatory and management status reports, etc.( cost of logos will be
included in publications and supplies).
7. Upon District request, City is required to conduct one projector 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.
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EXHIBIT B
INSURANCE REQUIREMENTS
Please refer to the insurance requirements listed below.
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Without limiting the City's indemnification of, or liability to, the Santa Clara Valley Water District
("District"), the City must provide and maintain at its own expense, during the term of this
Agreement, or as may be further required .herein, the following insurance ,coverages and
provisions:
City must provide its insurance brokers) /agent(s) with a copy of these requirements and
warrants that these requirements have been reviewed by City's insurance agent(s) and/or
broker(s), who have been instructed by City to procure the insurance coverage required herein.
All Certificates of Insurance complete with copies of all.required endorsements must be sent to:
Contract Administrator, Santa Clara Valley Water District, 5750 Almaden Expressway,
San Jose, CA 95118.
In addition to certificates, City must furnish District with copies of original endorsements
affecting coverage required by this Appendix. The certificates and endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements
and certificates are to be received and approved by District before work commences. In
the event of a claim or dispute, District has the right to require City's insurer to provide complete,
certified copies of all required pertinent insurance policies, including endorsements, affecting the
coverage required by this Appendix.
City must, at.its sole cost and expense, procure and maintain during the entire "period of this
Agreement the following insurance coverage(s).
Required Coverages
1. Commercial General/Business Liability Insurance with coverage as indicated:
$1,000,000 per occurrence / $1,000,000 aggregate limits for bodily injury and property
damage
General Liability insurance must include:
a, Coverage at least as broad as found in standard ISO form CG 00 01.
b. Contractual Liability expressly including liability assumed under this contract.
c. If City must be working within fifty (50) feet of a railroad or light rail operation, any
exclusion as to performance of operations within the vicinity of any railroad bridge,
trestle, track, roadbed, tunnel, overpass, underpass, or crossway must be deleted, or
a railroad ;protective policy in the above amounts provided.
d. Severability of Interest
e. Broad Form Property Damage liability
f. If the standard ISO Form wording for "OTHER INSURANCE," or other comparable
wording, is not contained in City's liability insurance policy, an endorsement must be
provided that said insurance will be primary insurance and any insurance: or self -
insurance maintained by District, its Directors, officers, employees, agents or
volunteers must be in excess of City's insurance and must not contribute to it.
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2. Business Auto Liability Insurance with coverage as indicated:
$1,000,000 combined single limit for bodily injury and property damage per occurrence,
covering all owned, non -owned and hired vehicles.
3, Professionat/Errors and Omissions Liability with coverage as indicated:
$1,000,000 per claim/ $1,000,000 aggregate
Professional /Errors and Omission Liability appropriate to the City's profession, and must
include:
A. If coverage contains a deductible or self- insured retention, it shall not be greater
than one hundred thousand dollars ($100,000) per occurrence /event.
B. Coverage shall include contractual liability
C. If coverage is claims- made:
a. Certificate of Insurance shall clearly state that the coverage is claims -made
b. Policy retroactive ,date must coincide with or precede the City's start of work
(including subsequent policies purchased as renewals or replacements).
c_ Policy__must allow for reporting__of circumstances or incidents that might_.giv_e_,._____.,._.
rise, to future claims.
d. Insurance must: be maintained and evidence of insurance must be provided
for at least three (3) years after completion of the contract of work.
4. Workers' Compensation and Employer's Liability Insurance
Statutory California Workers' Compensation coverage covering all work to be performed
for the District.
Employer Liability coverage for not less than $1,000,000 per occurrence.
General Renuirements
With respect to all coverages noted above, the following additional requirements apply:
1. Additional Insured Endorsements) City must provide an additional insured
endorsement for Commercial General /Business Liability .and Business Automobile
liability coverage namingAhe:Sard'A Clara Valley Water District, its Directors, officers,
employees, and agents, individually and col lectiveiy, as additional insureds, and
must provide coverage .for acts, omissions, etc. arising'.out of the named insured's'
activities and work. Other, public entities may also be added to the additional .insured
endorsement as applicable and the City will be notified of such requirement(s) by the
District.
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(NOTE: Additional insured language on the Certificate of Insurance is NOT acceptable
without a separate endorsement such as Form CG 20 10, CG 2033, CG 2037. Note:
Editions dated 07104 are not acceptable)
2. Primacy Clause: City's insurance must be primary with respect to any other insurance
which may be carried by the District, :lfs officer, agents and employees, and the District's
coverage must not be called upon to contribute or share in the loss.
3. Cancellation Clause Revision: The Certificate of Insurance MUST provide 30 days
notice of cancellation, (10 days notice for non- payment of premium). NOTE: The
standard wording in the ISO Certificate of Insurance is not acceptable. The
following words must be crossed out or deleted from the standard cancellation clause:
°... endeavor to..." AND "...but failure to mail such notice must impose no obligation or
liability of any kind upon the company, its agents or representatives.*
4. Acceptability of insurers: All coverages must be issued by companies admitted to conduct
business in the State of California, which hold a current policy holder's alphabetic and
financial size category rating of not less than A- V, according to the .current Besfs Key
Rating Guide or a company of equal.financial stability that is approved by the District's Risk
Management Administrator.
5. Self-lnsured Retentions or Deductibles: Any deductibles or self- insured retentions
must be declared to and approved by the. District At the option of the District, either: the
insurer shall. reduce or eliminate such deductibles or self - insured retentions as respects
the District, its officers, officials, employees and volunteers; or the City shall provide a
financial guarantee satisfactory to the Entity guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
6. Subconsultants: Should any of the work under this Agreement be sublet, the City must
City may insure subconsultants under its own policies.
7. Amount of Liability not Limited to Amount of Insurance: The. insurance procured by
City for the benefit of the District must not be deemed to release or limit any liability of
City. Damages recoverable by,the District for any liability of City must, in any event, not
be limited by the amount of the required insurance coverage.
8. Coverage to be Occurrence . Based: With the exception of the Professional
Liabflity/Errors and Omissions coverage mentioned above, all coverage must be
occurrence -based coverage. Claims -made coverage is not allowed.
9. Waiver of Subrogation: City agrees on to waive subrogation against the District to the
extent any loss suffered by City is °covered by any Commercial General Liability policy,
Automobile policy, Workers' Compensation policy, or Professional policy described in
Required Coverages above. City agrees to advise its broker /agentrnsurer about this
provision and obtain any endorsements, if needed, necessary to ensure the insurer
agrees.
10. Non - compliance: The District reserves the right to withhold payments to the City in the
event of material noncompliance with the insurance requirements outlined above.
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11. Please mail the certificates and endorsements to:
Contract Administrator
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
IMPORTANT: On the certificate of insurance, please note either the ' name - of the
project or the name of the District contact person or unit for the
contract.
If your insurance broker has any questions, please advise him/her to call Mr. David Cahen,
District Risk Management Administrator at (408) 265 -2607, extension 2213.
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