HomeMy WebLinkAboutExecuted Third Amendment - Santa Clara Valley Water DistrictThird AMENDMENT TO
COST SHARING AGREEMENT
#A4323S BETWEEN THE
SANTA CLARA VALLEY WATER DISTRICT
AND THE CITY OF GILROY
FOR WATER CONSERVATION PROGRAMS
This Third Amendment (“Third Amendment”) between the Santa Clara Valley Water District, a special district
created by the California Legislature (hereinafter referred to as “VALLEY WATER”) and the City of Gilroy, a
chartered California municipal corporation (hereinafter referred to as “CITY”) amends the Agreement No.
A4323S, enacted on December 1, 2019 (the “Agreement”), as amended by the First Amendment dated July 1,
2021, and Second Amendment dated November 8, 2022 between VALLEY WATER and CITY. VALLEY
WATER and CITY may individually be referred to as “PARTY” or collectively ”PARTIES”. This Third
Amendment is effective once fully executed by the Parties (“Third Amendment Effective Date”).
RECITALS
WHEREAS, Under the terms of the Agreement, VALLEY WATER agreed to supplement CITY’s WATER
USE REPORTS PROGRAM to persons residing in the City of Gilroy; and
WHEREAS, VALLEY WATER wishes to administer the Landscape Rebate Program; and
WHERAS, the WATER USE REPORTS PROGRAM and Landscape Rebate Program are referred to as
PROGRAMS; and
WHEREAS, the PROGRAMS are consistent with Valley Water’s Urban Water Management Planning Act
requirements, 2040 Water Supply Master Plan, 2021 Water Conservation Strategic Plan, and Board Policy
Calling for Water Conservation as a Way of Life in Santa Clara County (Resolution No. 23-52); and
WHEREAS, each PROGRAMS’ goals are to save water and provide information on how to use water most
efficiently; and
WHEREAS, each PROGRAMS’ goals are to save water and provide information on how to use water most
efficiently; and
WHEREAS, both PARTIES wish to cost share with each other on these PROGRAMS; and
WHEREAS, both PARTIES desire to extend the term of the Agreement from June 30, 2024 to the earlier of
June 30, 2027, or when funds under this Agreement are depleted, whichever occurs later.
NOW, THEREFORE, the PARTIES agree to amend the Agreement as follows:
1. In the Agreement, Section 1, add the following:
h) Pay VALLEY WATER as set forth below for each activity performed by VALLEY WATER in the CITY
service area:
(i) Provide up to $1.00 per each square foot of turf and/or pool removed per qualified residential rebate,
up to $1,000 per residential site, as per VALLEY WATER’S Landscape Rebate Program requirements.
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(ii) Make payment to VALLEY WATER within thirty (30) days of receipt of a bi-annual invoice from
VALLEY WATER. When submitting an invoice, VALLEY WATER shall provide PROGRAM
participation information. CITY’s total payments to VALLEY WATER shall not exceed $10,000
annually.
2. In the Agreement, Section 2, add the following:
c) Administration of Landscape Rebate Program (LRP) funds including, but not limited to:
(i) Processing the payment of the amounts set forth in Section 1.h. above, to eligible persons residing
in CITY (“ELIGIBLE RESIDENTS”). This supplemental rebate amount shall be in addition to the
customary amounts paid by VALLEY WATER.
(ii) Payment of standard Landscape Rebate Program amounts to ELIGIBLE RESIDENTS within 8-12
weeks of approval of CITY residential applicant’s request.
(iii) Collection and analysis of data to determine Landscape Rebate Program water savings. At least
once per year, collect and analyze data to determine water savings for Santa Clara County and
provide the results to CITY along with CITY’s customer participation data.
(iv) Administration of all funds for Landscape Rebate Program.
(v) Invoicing CITY, on a bi-annual basis, for the Landscape Rebate Program. VALLEY WATER shall
not invoice CITY for any amounts exceeding the limit set forth in Section 1.i. above.
3. 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, 2027, or until funds are depleted,
whichever occurs later.”
4. All of the terms and conditions of the Agreement, First Amendment, and the Second Amendment not
otherwise modified by this Third Amendment shall remain in full force and effect.
IN WITNESS THE EXECUTION HEREOF the parties agree that this Third Amendment shall be effective
as of the Third Amendment Effective Date set forth above and have set forth below their consent to the terms
and conditions of this Third 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
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Beth Minor
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