HomeMy WebLinkAboutRESO 9463Resolution No. 9463
Resolution of the Council of the City of Palo Alto to Approve and Authorize the
Execution of a Grant Funding Agreement with the Santa Clara Valley Water District
Related to the City's Real-Time Water Use Monitoring Pilot Program
A. The Santa Clara Valley Water District ("District") has enacted the 2014 Safe,
Clean Water Priority A Grant Program (the "Grant"), which provides funds for testing new and
innovative water conservation programs and technologies.
B. On January 31, 2014, the City of Palo Alto ("City") submitted a grant application
to the District Request for the Real-time Water Use Monitoring Pilot program (the "Project").
C. On March 19, 2014, the District's Water Conservation Unit selected the City to
receive the Grant funding for the Project.
D. The District has requested that the City certify by resolution the approval of the
City to accept grant funds.
The Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. The Council hereby accepts and approves, and delegates to the City
Manager or his designee the authority to accept on behalf of the City, the allocation of the
District's grant funds.
SECTION 2. The City Manager, or his designee, is hereby authorized to negotiate and
execute the 2014 Safe, Clean Water Priority A Grant Program Agreement ("Grant Funding
Agreement") with the District substantially in the form attached hereto as Attachment A, with
such other changes thereto as may be approved by the City Attorney, for and on behalf of the
City. The City Manager, or his designee, is further authorized to negotiate and/or execute any
and all additional documents necessary to secure the grant of funding to the City.
SECTION 3. In conjunction with the execution of the Grant Funding Agreement, the
City Manager, or his designee, is hereby authorized to provide to the District, on behalf of the
City, any necessary substantiation and/or related information which may be required by the
District as a condition for disbursement of grant funds
SECTION 4. The City has the capability to provide the amount of funding and/or in-
kind contributions specified in the Grant Funding Agreement.
SECTION 5. The Council finds that the adoption of this resolution, approving the
execution of one or more grant agreements and other documents in connection with the
receipt of District funds relating to the Project does not meet the definition of "project" set
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forth in section 21065 of the California Public Resources Code and is therefore not subject to
the California Environmental Quality Act ("CEQA"). The Council finds that the City of Palo Alto
Utilities has presented sufficient evidence and other information with specificity to support the
basis of the claimed inapplicability of CEQA.
INTRODUCED AND PASSED: October 201 2014
AYES: BERMAN1 BURT/ HOLMAN/ KLEIN/ KNISS/ PRICE/ SCHARFF/ SCHMID/ SHEPHERD
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
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SANTA CLARA VALLEY WATER DISTRICT
Safe, Clean Water and Natural Flood Protection Program
2014 SAFE, CLEAN WATER PRIORITY A GRANT PROGRAM
This 2014 Safe, Clean Water Priority A Grant Program Agreement (Agreement), effective upon
full execution, is entered into by and between the SANTA CLARA VALLEY WATER DISTRICT,
a California special district (District) and [GRANTEE NAME], a [public entity] (Grantee). District
and Grantee may be referred to individually as a "Party" or collectively as the "Parties" or the
"Parties to this Agreement." This Agreement provides for funding to support Grantee's
[PROJECT NAME] (Project).
RECITALS:
A. The District's mission is to provide Silicon Valley safe, clean water for a healthy life,
environment, and economy.
B. In November 2012, the voters of Santa Clara County passed Measure B establishing
a special tax to fund the Safe, Clean Water and Natural Flood Protection program (Safe,
Clean Water).
C. The Safe, Clean Water Program special tax provides funding for activities consistent
with this 2014 Safe, Clean Water Priority A Grant Program (Grant Program), focused on
ensuring a safe, reliable water supply for the future.
D. On October 8, 2013, the District's Board of Directors approved the use of District funds
for the Grant Program and authorized the District's Chief Executive Officer to execute
grant agreements.
E. On [RESOLUTION DATE], the Grantee's [Board of Trustees] adopted a Resolution
authorizing Grantee's application for Grant Program funding and acceptance of the
grant, if awarded, for Grantee's [PROJECT NAME] (see Appendix D, Resolution).
F. Grantee submitted an application to the District's Grant Program for its [PROJECT
NAME] to conduct certain innovative water conservation related activities.
G. In February 2014, the District Chief Executive Officer approved the [PROJECT NAME],
allocating the Project Grant Amount not to exceed [DOLLAR AMOUNT ($0.00)] to
Grantee.
H. Consistent with application submitted, Grantee has secured funding from Santa Clara
Valley Water District in the amount of [DOLLAR AMOUNT ($0.00)] and any additional
funds necessary to complete the Project will be supplied by the [NAME OF
ORGANIZATION].
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The Parties agree to the following terms and conditions:
Section 1. General Provisions
A. Definitions
1. Agreement: this contract between the District and the Grantee specifying
the payment of funds by the District for the performance of the Project
Scope within the Project Performance Period by the Grantee.
2. Application: the 2014 Safe, Clean Water Priority A Grant Program
application and accompanying attachments submitted to the District for
the District's Grant Program.
3. District: Santa Clara Valley Water District.
4. Grant Program: 2014 Safe, Clean Water Priority A Grant Program.
5. Project: Grantee's Project as described in Appendix A, Project Scope,
approved for a grant award by the District's Board.
6. Project Completion: Project completion per requirements stated in
Section 1. General Provisions, G. Project Completion.
7. Project Grant Amount: The amount of Grant funds allocated by the
District's Chief Executive Officer to Grantee for the Project.
8. Project Performance Period: The Project period commencing with full
execution of this Agreement by both Parties and expiring as stated in
Section 1. General Provisions, H. Agreement Term.
9. Safe, Clean Water: The District's Safe, Clean Water and Natural Flood
Protection Program special tax approved by Santa Clara County voters in
November 2012.
10. Total Project Cost: The full cost of the Project, including funds from all
funding sources, as identified in Appendix B, Project Schedule and
Budget.
B. Project Execution
1.
2.
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District hereby grants to Grantee the Project Grant Amount, in
consideration of, and on condition that, the sum be expended for the sole
purpose of carrying out the objectives as set forth in the Project as
identified in Appendix A, Project Scope, consistent with the terms and
conditions set forth in this Agreement.
Grantee is responsible for securing all other necessary funds to
accomplish the Project. Any significant modification or alteration to the
Project Scope is subject to prior consideration and approval of the
District. Such request must be submitted in writing to the District Contact,
per Section 3. Miscellaneous Provisions, A. Miscellaneous Provisions,
Item 5 of this Agreement. District's disbursement of Grant funds is
4
dependent on District approval of changes the District deems are
significant.
3. Grantee will complete the Project in accordance with Appendix A, Project
Scope and Appendix B, Project Schedule and Budget.
4. Project Scope and Project Schedule and Budget may only be adjusted
pursuant to a written amendment to this Agreement, signed by both
Grantee and District in advance of such adjustment. Project Schedule
adjustments that do not impact the expiration date of this Agreement may
be approved by District without the necessity of a formal amendment to
this Agreement.
5. Grantee must comply with all applicable federal, state, and local codes,
statutes, laws, regulations, and ordinances, including, but not limited to,
financial requirements, legal requirements for construction contracts,
building codes, health and safety codes, laws and codes pertaining to
individuals with disabilities, and the California Environmental Quality Act
(Public Resources Code, Section 21000, et. seq., Title 14, California
Code of Regulations, Section 15000 et. Seq.).
C. Project Administration/Reporting Requirements
1. Grantee shall provide written quarterly reports (on a fiscal year schedule),
using the District's standard form presented in Appendix C, Quarterly
Progress and Request for Payment Form. Status reports shall include an
update per task as included in Appendix A, Project Scope.
2. Grantee shall provide one hard copy and one electronic version of items
listed in Section 1. General Provisions, G. Project Completion.
3. All reports submitted to the District must include the following certification
page signed by an officer of Grantee's organization:
"I certify, under penalty of perjury under the laws of the State of California,
that the Quarterly/Monthly Status Report and all attachments, signed on
[DATE], on behalf of Grantee, were prepared under my direction or
supervision in accordance with a system designed to ensure that qualified
personnel properly gather and evaluate the information submitted. Based
on my inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the information
submitted is to the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for submitting
false information, including the loss of the current and future Grant
Funding."
4. Quarterly reporting will end with submittal of Project Completion packet
(see Section 1. General Provisions, G. Project Completion).
D. Termination of the Agreement
1.
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Grantee may unilaterally terminate this Agreement at any time prior to
District disbursement of Grant Program funds by providing 30 days
written notice to District.
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2. Failure by Grantee to comply with the terms of this Agreement may be
cause for suspension or termination of funding by the District.
Additionally, in the event of failure to complete Project, Grantee may be
required to repay District for funds received, including interest earned at
the District's pooled portfolio monthly interest yield corresponding to the
month(s) the funds were due to the District.
E. Indemnification
Notwithstanding any other provision of this Agreement, Grantee agrees to
defend, hold harmless and indemnify District, its officers and employees, and
each and every one of them, from and against any and all actions, damages,
costs, liabilities, claims, demands, losses, judgments, penalties, costs and
expenses of every type and description, including, but not limited to, any fees
and/or costs, reasonable attorney fees, and any fees and expenses incurred in
enforcing this provision (hereafter collectively referred to as "Liabilities"),
including but not limited to Liabilities arising from personal injury or death,
damage to personal, real or intellectual property or the environment, contractual
or other economic damages, or regulatory penalties, to the extent any of the
Liabilities arise out of, pertain to, or relate to the Grantee's performance of this
Agreement or obligations stated herein, whether or not (i) such Liabilities are
caused in part by a party indemnified hereunder or (ii) such Liabilities are
litigated, settled or reduced to judgment; provided that the foregoing indemnity
does not apply to liability for any damage or expense for death or bodily injury to
persons or damage to property to the extent arising from the negligence or willful
misconduct of the District. The foregoing does not limit any strict liability imposed
onto the Grantee by law.
F. Nondiscrimination
Anti-Discrimination-The District is an equal opportunity employer and requires
all parties it contracts with to have and adhere to a policy of equal opportunity
and non-discrimination. In the performance of the Agreement, the Grantee will
comply with all applicable federal, state, local laws and regulations, and will not
discriminate against any sub-consultant, employee, or applicant for employment,
in the recruitment, selection for training including apprenticeship, hiring,
employment, utilization, promotion, layoff rates of pay, or other forms of
compensation, or against any other person, on the basis of race, color, religion,
ancestry, gender, national origin, age (over 40), marital status, medical condition
(including cancer), pregnancy, parental status, the exercise of family care leave
rights, political affiliation, sexual orientation, gender identity, special disabled
veteran status, Vietnam Era veteran and all other Veteran status, or because of a
physical or mental disability (including, HIV and AIDS). The Grantee's policy
must conform with applicable state and federal guidelines including the Federal
Equal Opportunity Clause, "Section 60-1.4 of Title 41, Part 60 of the Code of
American Disabilities Act of 1990; the Rehabilitation Act of 1973 (Sections 503
and 504); California Fair Employment and Housing Act (Government Code
Section 12900 et. Seq.); and California Labor Code Sections 1101 and 1102."
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G. Project Completion
1. After Grantee completes the Project by meeting all requirements stated in
Appendix A, Project Scope, Grantee must submit the Project Completion
packet detailed in a-c below to the District Contact and it must include:
a. Final Payment Request/Invoice
b. Final Report, including documentation of accomplishments, water
savings achieved, and reliability of the Project.
c. Written communication from Grantee stating that Project is
complete, including list of tasks completed and signature by
authorized representative.
2. District conducts final on-site Project inspection as deemed necessary.
3. District processes Grantee's invoice for final payment.
H. Agreement Term
1. The term of this Agreement commences upon full execution by the
Parties. Approval of this Agreement by both parties is necessary for any
disbursement of Grant funds. This Agreement expires upon the earliest
of: Project Completion in accordance with Section 1. General Provisions,
G. Project Completion; or June 30, 2016.
I. Insurance Provisions
1. During the entire term of the Agreement, Grantee must maintain the
insurance coverage described in Appendix E. Insurance Requirements.
Section 2. Financial Provisions
A. Accounting and Audit Requirements
1.
2.
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Grantee must maintain an accounting system that accurately reflects
fiscal transactions, with the necessary controls and safeguards. Grantee
should provide clear audit trails, especially the source of original
documents such as, but not limited to, receipts, progress payments,
invoices, time cards, etc. AVOID AUDIT EXCEPTIONS-KEEP
ACCURATE RECORDS.
Grantee agrees that District, or its agent, has the right to review, obtain,
and copy all records pertaining to performance of this Agreement.
Grantee agrees to provide District, or its agent, with any relevant
information requested and will permit District, or its agent, access to its
premises, upon reasonable notice, during normal business hours for the
purpose of interviewing employees and inspecting or copying books,
records, accounts, computerized records, and other materials that may be
relevant to the matter under investigation for the purpose of determining
compliance with this Agreement. Consultant further agrees to maintain
such records for a period of three (3) years after final payment under this
Agreement.
7
3. Grantee's detailed budget is included as Appendix B, Project Schedule
and Budget and is consistent with Grantee's Project Proposal. The
Project Budget will be used by District as the basis for evaluating
Grantee's invoices for Grant funds. In cases where invoices are
inconsistent with the Project Budget, invoices must either be revised for
consistency or an amendment to this Agreement may be necessary to
align the Project Budget with the actual reimbursable expenditures for the
Project.
4. Grantee must document its eligibility for award and receipt of Safe, Clean
Water Grant Funds by verifying it is not included in any current Federal
List of Parties Excluded from Federal Procurement or Non-procurement
Programs. Exclusion of Grantee from this list, verified at
http://www.arnet.gov/epls, demonstrates the Grantee's good status
regarding suspension and debarment and eligibility for Grant Program
funds.
5. Grantee is responsible for repayment to District of any disallowed cost.
Disallowed costs may be identified through audits, monitoring, or other
sources of information that become available to the District after the
District has satisfied an invoice from Grantee and disbursed Safe, Clean
Water Grant funds.
B. Eligible Costs
Total Project Grant Amount is not-to-exceed that amount identified in Recital G of
this Agreement, and will be disbursed to Grantee according to the terms and
conditions as stated in Section 2. Financial Provisions, C. Payment Request
Process and D. Invoicing.
1.
2.
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Only Project related costs incurred during the Project Performance
Period, excluding costs incurred prior to and during preparation of the
Grant application, specified in this Agreement are eligible for
reimbursement. All such costs must be supported by appropriate
documentation, including but not limited to subcontractor invoices and
receipts.
Personnel or Employee Services-Services of the Grantee's employees
engaged in project execution are eligible costs. These direct labor costs
must be computed according to the Grantee's prevailing wage or salary
scales and may include fringe benefit costs such as vacation, sick leave
and social security contributions that are customarily charged to the
Grantee's various projects for which the Grantee has submitted a Benefit
Rate Calculation to the District. Indirect overhead is limited to 10% of
Salary plus Benefits. Costs charged to the project must be computed on
actual time spent on a project, and supported by time and attendance
records describing the work performed on the project. Overtime costs
may be allowed under the Grantee's established policy; provided that the
regular work time was devoted to the same project.
8
3. Salaries and wages claimed for employees working on grant funded
projects must not exceed the Grantee's established rates for similar
positions.
4. Consultant Services-The costs of consultant services necessary for the
project are eligible. Consultants must be paid by the customary or
established method and rate of the Grantee. No consultant fee may be
paid to the Grantee's own employees.
5. Signs and Interpretive Aids-The cost of signs, display boards, or other
minor interpretive aids relating to the Project are eligible.
6. Other Expenditures-In addition to the major categories of expenditures,
reimbursements may be made for miscellaneous costs necessary for
execution of the Project. Examples of such costs include:
a. Postage; and
b. Transportation costs for moving equipment and/or personnel.
C. Payment Request Process
This Grant Agreement is based on a reimbursement model with specific details
as noted below.
1.
2.
PAYMENT TYPE
Payment Request
Reimbursement
(up to 90% of the total
Project Grant Amount)
Final (10%)
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Grantee may submit multiple Request for Payment Forms as necessary,
but not more often than monthly.
After Grantee completes the Project, Grantee submits the Project
Completion Packet (see Section 1. General Provisions, G. Project
Completion) and the Quarterly Progress and Request for Payment Form
(Appendix C) for the final payment.
PAYMENT REQUEST PROCESS
WHEN TO SUBMIT IT SUPPORTING DOCUMENTATION TO
SEND TO PROJECT OFFICER
Once Grantee can provide . Quarterly Progress and Request for
evidence to show significant Payment Form (Appendix C)
progress toward completing . For direct expenses, copies of invoices
Project tasks. with all attachments shall be submitted . For labor costs, copies of Timesheets shall
be submitted . For Benefits Costs, a Benefits Rate
Calculation will be submitted . Documentation of accomplishments (i.e.,
draft and final plans, designs, etc.)
After Grantee has completed . Project Completion packet (see Section 1.
the Project General Provisions, G. Project
Completion)
9
D. Invoicing
1. Grantee shall submit a completed Quarterly Progress and Request for
Payment Form (Appendix C) and shall incorporate Grantee name and
remittance address, a description/itemization of goods or services, dollar
amount of goods or services, invoice date and number, and Agreement
number. Work performed shall be determined on a per task basis as
outlined in the Project Scope (Appendix A) and Project Schedule and
Budget (Appendix B). All requests for reimbursements will be
accompanied by materials providing evidence of significant Project
progress accomplishments commensurate with level of reimbursement
requested.
2. District will review Grantee's invoice within ten working days from receipt
and advise Grantee of any disputed items. District will review and
approve undisputed invoices within ten working days from receipt and
issue payment within forty-five calendar days from receipt. District will
pay invoices within forty-five calendar days from date invoice is approved
by District's Project Manager.
3. Grantee's invoice must include invoices from subcontractors documenting
task, task budget, percentage complete, prior billing if any, current billing,
and total billed. Documentation supporting Grantee's invoice(s) must
document work performed consistent with the frequency of Grantee's
invoices to District.
Section 3. Miscellaneous Provisions
A. Miscellaneous Provisions
1. Grantee's waiver of any term, condition, covenant, or breach of any term,
condition or covenant shall not be construed as a waiver of any other
term, condition, or covenant or breach by any other term, condition or
covenant.
2. This Agreement contains the entire Agreement between District and
Grantee relating to the Project. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement
are of no force or effect.
3. This Agreement shall be governed and construed in accordance with the
laws of the State of California.
4. This Agreement may be executed in counterparts and will be binding as
executed.
5. Grantee's request(s) for modification(s) to the Project Scope, and Project
Schedule and Budget must be submitted in writing, prior to the expiration
of this Agreement, and will be considered for approval by the District's
executive management responsible for the Safe, Clean Water Grant
Program provided:
a.
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The Grant award by the District's Board did not impose a
restriction on such revisions; and
10
b. No additional Grant funds are requested. All such requests will be
considered by the District's executive management responsible for
the Safe, Clean Water Grant Program.
6. Revisions to the Project Scope, and Project Schedule and Budget are
subject to review and prior approval of the District.
7. An extension to the term of this Agreement for a period up to twelve
(12) months beyond the current expiration date may be approved by
District. Requests for term extensions must be submitted in writing and
received no later than sixty (60) calendar days prior to the expiration of
this Agreement. Grantee must submit sufficient documentation in support
of its request to enable the District's executive management to evaluate
Grantee's request. The District's executive management will consider
criteria such as the following:
a. The amount of Grant funds not yet disbursed to Grantee;
b. Grantee's progress in completing the Project Scope and the
reasons supporting any delays;
c. Whether Grantee has the dedicated human and financial
resources to continue to complete the Project Scope during the
extension period; and
d. Whether such extension is in the best interest of the District.
8. An amendment to this Agreement, extending its Term, must be executed
in full prior to the original expiration date as stated in Section 1. General
Provisions, H. Agreement Term. If this Agreement is not extended prior
to its expiration, any unexpended Grant funds will be retained by the
District and unavailable to the Grantee for the Project.
9. All Appendices, A (Project Scope), B (Project Schedule and Budget),
C (Quarterly Progress and Request for Payment Form), D (Resolution),
and E (Insurance Requirements) are hereby incorporated herein by this
reference and made a part hereof, as though set forth in full.
10. Severability-if any provision of this Agreement is held invalid, that
invalidity shall not affect other provisions of the Agreement which can be
given effect without the invalid provision, and to this end the provisions of
this Agreement are severable.
11. Survival-Section 2. Financial Provisions, B. Eligible Costs, C. Payment
Request Process, and D. Invoicing, shall survive termination or expiration
of this Agreement such that any Eligible Costs incurred during the Project
Performance Period may be invoiced by Grantee and paid by the District
provided invoices, including final invoice, are submitted prior to the
expiration date of this Agreement as stated in Section 2. General
Provisions, H. Agreement Term, item 1.
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B. Notices
Contact:
All notices and other communication required or permitted to be given under this
Agreement shall be in writing and shall be personally serviced or mailed, postage
prepaid and return receipt requested, addressed to the respective parties as
follows:
Jerry De La Piedra Grantee
Program Administrator Contact:
Water Conservation Unit
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
Phone: (408) 630-2257
E-mail: gdelapiedra@valleywater.org
[GRANTEE ORGANIZATION]
Date:
SANTA CLARA VALLEY WATER
DISTRICT
Date:
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By:
By:
12
[Print name of authorized representative]
[Title]
Beau Goldie
Chief Executive Officer
APPENDIX A
PROJECT SCOPE
(Replace with Project information)
The District's 2014 Safe, Clean Water Priority A Grant Program is based on a reimbursement
model, and as such will require a detailed Project scope that includes a general description,
response to evaluation criteria and tasks and subtasks for measuring and auditing progress and
the subsequent allocation of funds to Grantee. The description and possible attachments
should include, but is not limited to:
A. General Description
1. Specific description of Project tasks, including deliverables and milestones
2. Specific staff (working titles at a minimum) proposed for the Project team
B. Tasks and Subtasks
1. Tasks and subtasks should be identified for the Project Scope in such a way that the
District may monitor Grantee's progress on the approved project.
2. Separate tasks and subtasks shall include cost estimates (see Appendix B) and shall
be the basis for reimbursement in invoicing.
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APPENDIX B
PROJECTSCHEDULEANDBUDGET
(Replace with Project information)
A. Project Schedule shall include the following:
1. List of tasks consistent with Project Scope
2. Project start date
3. Project end date (no later than June 30, 2016)
4. Start and end dates for each task
5. Estimated cost for each task
6. Estimated costs for quarterly report, draft final report, and final report
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GRANT:
NOT YET APPROVED
APPENDIXC
QUARTERLY PROGRESS AND REQUEST FOR PAYMENT FORM
2014 Safe, Clean Water Priority A Grant Program
--------------------~-~~-----~---~---------~~---~-~-------------------~----~
AGREEMENT No.:
PROJECT TITLE:
1. TYPE OF PAYMENT: D Reimbursement D Final
2. PAYMENT INFORMATION (Round all figures to the nearest dollar):
a. Project Amount $ ~-~--~------------~----
b. Funds Received to Date $ ---------------------
c. Available (a. minus b.) $
d. Amount of This Request $
e. Remaining Funds After This Payment (c. minus d.} $
3. SEND PAYMENT TO:
Grantee Name
~~~----~----------------------------------------·-----------------
Street Address -----~-----~-------------------------------------------------------
City, State, Zip Code ----------------------------------------------·--------------~~
Attention
4. TYPED OR PRINTED NAME OF PERSON AUTHORIZED BY RESOLUTION: Title
5. SIGNATURE OF PERSON AUTHORIZED BY RESOLUTION: Date
· .. ;;;?.: .>. . 'EQ~SAN1".6.9LARAVA.U.EYWATER DIST~ICTUSE ONL'( .• .• >
.. · .·.· >
6. PAYMENT APPROVAL SIGNATURE: Date
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NOT YET APPROVED
PAYMENT REQUEST FORM INSTRUCTIONS
The following instructions correspond to items on the Payment Request Form:
Agreement Number-As shown on page 1 of the Agreement following execution of the
Agreement by both Parties.
Grantee-GRANTEE name as shown on the Grant Agreement.
Project Title-Title of Project for which payment is requested.
1. Type of Payment-Check appropriate box, and submit this form:
Reimbursement-When Grantee has periodically spent funds to implement the Project,
and is requesting reimbursement; or
Final-When Grantee has completed the Project, and is requesting the final payment.
2. Payment Information:
a. Project Grant Amount-The amount of District grant funds allocated to this
Project
b. Funds Received to Date-Total amount already received for this Project
c. Available-(a. minus b.)
d. Amount of This Payment Request-Amount that is requested
e. Remaining Funds After This Payment-( c. minus d.)
3. Send Payment to: Grantee Name, Address, and Contact Person
4. Typed or printed name of person authorized by Resolution.
5. Signature of person authorized by Resolution.
6. Payment approval signature and date-For District staff.
Additional Information to supply with Payment Request Form:
.. Summary of work completed during billing period, by task.
" Attached documentation to support charges (i.e., subcontractor invoices, receipts, etc.).
• Determination if project is on schedule to meet completion date.
.. Any other relevant findings.
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NOT YET APPROVED
APPENDIX D
RESOLUTION
(Replace with Project Resolution)
Safe, Clean Water and Natural Flood Protection Program
2014 Safe, Clean Water Priority A Grant Program
Resolution No.
RESOLUTION OF THE---------------
(Title of Grantee's Governing Body)
APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS UNDER
THE SAFE, CLEAN WATER AND NATURAL FLOOD PROTECTION PROGRAM OF 2012
WHEREAS, the Santa Clara Valley Water District has enacted the 2014 Safe, Clean Water
Priority A Grant Program, which provides funds for testing new and innovative water
conservation programs and technologies; and
WHEREAS, the Santa Clara Valley Water District's Water Conservation Unit has been
delegated the responsibility for the administration of the grant program, setting up necessary
procedures; and
WHEREAS, said procedures established by the Santa Clara Valley Water District require
Grantee's Governing Body to certify by resolution the approval of Grantee to apply for and
accept grant program funds; and
WHEREAS, Grantee will enter into an Agreement with the Santa Clara Valley Water District;
NOW, THEREFORE, BE IT RESOLVED that the------------hereby:
(Grantee's Governing Body)
1. Approves the submission of an Application for local assistance funds from the Priority A
Grant Program under the Safe, Clean Water and Natural Flood Protection Program of
2012 to complete the Project;
2. Approves the acceptance of grant funds from the Priority A Grant Program under the
Safe, Clean Water and Natural Flood Protection Program of 2012, upon approval of
grant funding for the Project by the District's Chief Executive Officer;
3. Certifies that the Applicant has or will have sufficient funds to operate and maintain the
Project(s);
4. Certifies that the Applicant will review and agree to the Special Provisions, General
Provisions and Financial Provisions contained in the Agreement; and
140929 mf 6053003 17
~tall
1plicatio
npletior
NOT YET APPROVED
5. Appoints the (designated person) as agent to conduct all
negotiations, execute and submit all documents including, but not limited to Applications,
agreements, payment requests and so on, which may be necessary for the completion·
of the Project.
Approved and Adopted on the ___ day of _____ , 2014.
I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by
------------following a roll call vote:
(Applicant's Governing Body)
AYES
NOES
ABSENT
(Clerk)
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NOT YET APPROVED
APPENDIX E
INSURANCE-CONTRACTOR-No Construction Risk
Please refer to the insurance requirements listed below.
Without limiting the Contractor's indemnification of, or liability to, the Santa Clara Valley Water
District ("District"), the Contractor 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:
Contractor must provide its insurance broker(s)/agent(s) with a copy of these requirements and
warrants that these requirements have been reviewed by Contractor's insurance agent(s) and/or
broker(s), who have been instructed by Contractor to procure the insurance coverage required
herein.
In addition to certificates, Contractor 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 the contract
commences. In the event of a claim or dispute, District has the right to require Contractor's
insurer to provide complete, certified copies of all required pertinent insurance policies, including
endorsements affecting the coverage required by this Appendix.
Contractor 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 I $1,000,000 aggregate limits for bodily injury and property
damage
$1,000,000 Products/Completed Operations aggregate (to be maintained for at least
three (3) years following acceptance of the work by District.
General Liability insurance must include:
a. Coverage that is at least as broad as that found in the standard ISO Form CG 00 01.
b. Contractual Liability expressly including liability assumed under this contract.
c. If Contractor will 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 Contractor's liability insurance policy, an endorsement
must be provided that said insurance will be primary insurance and any insurance or
140929 mf 6053003 19
NOT YET APPROVED
self-insurance maintained by District, its Directors, officers, employees, agents or
volunteers will be in excess of Contractor's insurance and will not contribute to it.
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. 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 Requirements
With respect to all coverages noted above, the following additional requirements apply:
1. Additional Insured Endorsement(s) Contractor must provide an additional insured
endorsement for Commercial General/Business Liability and Business Automobile
liability coverage naming the Santa Clara Valley Water District, its Directors, officers,
employees, and agents, individually and collectively, as additional insureds, and
must provide coverage for acts, omissions, etc. arising out of the named insureds'
activities and work. Other public entities may also be added to the additional insured
endorsement as applicable and the Contractor will be notified of such requirement(s) by
the District.
(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 07/04 are not acceptable)
2. Primacy Clause: Contractor's insurance must be primary with respect to any other
insurance which may be carried by the District, its 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 Best's Key
Rating Guide or a company of equal financial stability that is approved by the District's Risk
Management Administrator.
140929 mf 6053003 20
NOT YET APPROVED
Self-Insured 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 Contractor shall provide a
financial guarantee satisfactory to the Entity guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
6. Subcontractors: Should any of the work under this Agreement be sublet, the
Contractor must require each of its subcontractors of any tier to carry the
aforementioned coverages, or Contractors may insure subcontractors under its own
policies.
7. Amount of Liability not Limited to Amount of Insurance: The insurance procured by
Contractor for the benefit of the District must not be deemed to release or limit any
liability of Contractor. Damages recoverable by the District for any liability of Contractor
must, in any event, not be limited by the amount of the required insurance coverage.
8. Coverage to be Occurrence Based: All coverage must be occurrence-based
coverage. Claims-made coverage is not allowed.
9. Waiver of Subrogation: Contractor agrees on to waive subrogation against the District
to the extent any loss suffered by Contractor is covered by any Commercial General
Liability policy, Automobile policy, or Workers' Compensation policy, described in
Required Coverages above. Contractor agrees to advise its broker/agent/insurer about
this provision and obtain any endorsements, if needed, necessary to ensure the insurer
agrees.
1 0. Non-compliance: The District reserves the right to withhold payments to the Contractor
in the event of material noncompliance with the insurance requirements outlined above.
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.
140929 mf 6053003 21
SANTA CLARA VALLEY WATER DISTRICT
Safe, Clean Water and Natural Flood Protection Program
2014 SAFE, CLEAN WATER PRIORITY A GRANT PROGRAM
This 2014 Safe, Clean Water Priority A Grant Program Agreement (Agreement), effective upon
full execution, is entered into by and between the SANTA CLARA VALLEY WATER DISTRICT,
a California special district (District) and CITY OF PALO ALTO, a California Chartered municipal
corporation (Grantee). District and Grantee may be referred to individually as a "Party" or
collectively as the "Parties" or the "Parties to this Agreement." This Agreement provides for
funding to support Grantee's Real-Time Water Use Monitoring Pilot Program (Project).
RECITALS:
A. The District's mission is to provide Silicon Valley safe, clean water for a healthy life,
environment, and economy.
B. In November 2012, the voters of Santa Clara County passed Measure B establishing
a special tax to fund the Safe, Clean Water and Natural Flood Protection program (Safe,
Clean Water).
C. The Safe, Clean Water Program special tax provides funding for activities consistent
with this 2014 Safe, Clean Water Priority A Grant Program (Grant Program), focused on
ensuring a safe, reliable water supply for the future.
D. On October 8, 2013, the District's Board of Directors approved the use of District funds
for the Grant Program and authorized the District's Chief Executive Officer to execute
grant agreements.
E. On October 20, 2014, the Grantee's City Council adopted a Resolution authorizing
Grantee's application for Grant Program funding and acceptance of the grant, if
awarded, for Grantee's Real-Time Water Use Monitoring Pilot Program (see
Appendix D, Resolution).
F. Grantee submitted an application to the District's Grant Program for its Real-Time Water
Use Monitoring Pilot Program to conduct certain innovative water conservation related
activities.
G. In February 2014, the District Chief Executive Officer approved the Real-Time Water
Use Monitoring Pilot Program, allocating the Project Grant Amount not to exceed
THIRTY THOUSAND DOLLARS ($30,000) to Grantee.
H. Consistent with application submitted, Grantee has secured funding from Santa Clara
Valley Water District in the amount of THIRTY THOUSAND DOLLARS ($30,000) and
any additional funds necessary to complete the Project will be supplied by the City of
Palo Alto Utilities, subject to annual appropriations.
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The Parties agree to the following terms and conditions:
Section 1. General Provisions
A. Definitions
1. Agreement: this contract between the District and the Grantee specifying
the payment of funds by the District for the performance of the Project
Scope within the Project Performance Period by the Grantee.
2. Application: the 2014 Safe, Clean Water Priority A Grant Program
application and accompanying attachments submitted to the District for
the District's Grant Program.
3. District: Santa Clara Valley Water District.
4. Grant Program: 2014 Safe, Clean Water Priority A Grant Program.
5. Project: Grantee's Project as described in Appendix A, Project Scope,
approved for a grant award by the District's Board.
6. Project Completion: Project completion per requirements stated in
Section 1. General Provisions, G. Project Completion.
7. Project Grant Amount: The amount of Grant funds allocated by the
District's Chief Executive Officer to Grantee for the Project.
8. Project Performance Period: The Project period commencing with full
execution of this Agreement by both Parties and expiring as stated in
Section 1. General Provisions, H. Agreement Term.
9. Safe, Clean Water: The District's Safe, Clean Water and Natural Flood
Protection Program special tax approved by Santa Clara County voters in
November 2012.
10. Total Project Cost: The full cost of the Project, including funds from all
funding sources, as identified in Appendix 8, Project Schedule and
Budget.
B. Project Execution
1. District hereby grants to Grantee the Project Grant Amount, in
consideration of, and on condition that, the sum be expended for the sole
purpose of carrying out the objectives as set forth in the Project as
identified in Appendix A, Project Scope, consistent with the terms and
conditions set forth in this Agreement.
2. Grantee is responsible for securing all other necessary funds to
accomplish the Project. Any significant modification or alteration to the
Project Scope is subject to prior consideration and approval of the
District. Such request must be submitted in writing to the District Contact,
per Section 3. Miscellaneous Provisions, A. Miscellaneous Provisions,
Item 5 of this Agreement. District's disbursement of Grant funds is
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dependent on District approval of changes the District deems are
significant.
3. Grantee will complete the Project in accordance with Appendix A, Project
Scope and Appendix B, Project Schedule and Budget.
4. Project Scope and Project Schedule and Budget may only be adjusted
pursuant to a written amendment to this Agreement, signed by both
Grantee and District in advance of such adjustment. Project Schedule
adjustments that do not impact the expiration date of this Agreement may
be approved by District without the necessity of a formal amendment to
this Agreement.
5. Grantee must comply with all applicable federal, state, and local codes,
statutes, laws, regulations, and ordinances, including, but not limited to,
financial requirements, legal requirements for construction contracts,
building codes, health and safety codes, laws and codes pertaining to
individuals with disabilities, and the California Environmental Quality Act
(Public Resources Code, Section 21000, et. seq., Title 14, California
Code of Regulations, Section 15000 et. Seq.).
C. Project Administration/Reporting Requirements
1. Grantee shall provide written quarterly reports (on a fiscal year schedule),
using the District's standard form presented in Appendix C, Quarterly
Progress and Request for Payment Form. Status reports shall include an
update per task as included in Appendix A, Project Scope.
2. Grantee shall provide one hard copy and one electronic version of items
listed in Section 1. General Provisions, G. Project Completion.
3. All reports submitted to the District must include the following certification
page signed by an officer of Grantee's organization:
"I certify, under penalty of perjury under the laws of the State of California,
that the Quarterly/Monthly Status Report and all attachments, signed on
[DATE], on behalf of Grantee, were prepared under my direction or
supervision in accordance with a system designed to ensure that qualified
personnel properly gather and evaluate the information submitted. Based
on my inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the information
submitted is to the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for submitting
false information, including the loss of the current and future Grant
Funding."
4. Quarterly reporting will end with submittal of Project Completion packet
(see Section 1. General Provisions, G. Project Completion).
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D. Termination of the Agreement
1. Grantee may unilaterally terminate this Agreement at any time prior to
District disbursement of Grant Program funds by providing 30 days
written notice to District.
2. Failure by Grantee to comply with the terms of this Agreement may be
cause for suspension or termination of funding by the District.
E. Indemnification
Notwithstanding any other provision of this Agreement, Grantee agrees to
defend, hold harmless and indemnify District, its officers and employees, and
each and every one of them, from and against any and all actions, damages,
costs, liabilities, claims, demands, losses, judgments, penalties, costs and
expenses of every type and description, including, but not limited to, any fees
and/or costs, reasonable attorney fees, and any fees and expenses incurred in
enforcing this provision (hereafter collectively referred to as "Liabilities"),
including but not limited to Liabilities arising from personal injury or death,
damage to personal, real or intellectual property or the environment, contractual
or other economic damages, or regulatory penalties, to the extent any of the
Liabilities arise out of, pertain to, or relate to the Grantee's negligent performance
of this Agreement or obligations stated herein, whether or not (i) such Liabilities
are caused in part by a party indemnified hereunder or (ii) such Liabilities are
litigated, settled or reduced to judgment; provided that the foregoing indemnity
does not apply to liability for any damage or expense for death or bodily injury to
persons or damage to property to the extent arising from the negligence or willful
misconduct of the District. The foregoing does not limit any strict liability imposed
onto the Grantee by law.
F. Nondiscrimination
Anti-Discrimination-The District is an equal opportunity employer and requires
all parties it contracts with to have and adhere to a policy of equal opportunity
and non-discrimination. In the performance of the Agreement, the Grantee will
comply with all applicable federal, state, local laws and regulations, and will not
discriminate against any sub-consultant, employee, or applicant for employment,
in the recruitment, selection for training including apprenticeship, hiring,
employment, utilization, promotion, layoff rates of pay, or other forms of
compensation, or against any other person, on the basis of race, color, religion,
ancestry, gender, national origin, age (over 40), marital status, medical condition
(including cancer), pregnancy, parental status, the exercise of family care leave
rights, political affiliation, sexual orientation, gender identity, special disabled
veteran status, Vietnam Era veteran and all other Veteran status, or because of a
physical or mental disability (including, HIV and AIDS). The Grantee's policy
must conform with applicable state and federal guidelines including the Federal
Equal Opportunity Clause, "Section 60-1.4 of Title 41, Part 60 of the Code of
American Disabilities Act of 1990; the Rehabilitation Act of 1973 (Sections 503
and 504); California Fair Employment and Housing Act (Government Code
Section 12900 et. Seq.); and California Labor Code Sections 1101 and 1102."
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G. Project Completion
1. After Grantee completes the Project by meeting all requirements stated in
Appendix A, Project Scope, Grantee must submit the Project Completion
packet detailed in a-c below to the District Contact and it must include:
a. Final Payment Request/Invoice
b. Final Report, including documentation of accomplishments, water
savings achieved, and reliability of the Project.
c. Written communication from Grantee stating that Project is
complete, including list of tasks completed and signature by
authorized representative.
2. District conducts final on-site Project inspection as deemed necessary.
3. District processes Grantee's invoice for final payment.
H. Agreement Term
1. The term of this Agreement commences upon full execution by the
Parties. Approval of this Agreement by both parties is necessary for any
disbursement of Grant funds. This Agreement expires upon the earliest
of: Project Completion in accordance with Section 1. General Provisions,
G. Project Completion; or June 30, 2016.
I. Insurance Provisions
1. During the entire term of the Agreement, Grantee must maintain the
insurance coverage described in Appendix E. Insurance Requirements.
Section 2. Financial Provisions
A. Accounting and Audit Requirements
1. Grantee must maintain an accounting system that accurately reflects
fiscal transactions, with the necessary controls and safeguards. Grantee
should provide clear audit trails, especially the source of original
documents such as, but not limited to, receipts, progress payments,
invoices, time cards, etc. AVOID AUDIT EXCEPTIONS-KEEP
ACCURATE RECORDS.
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2. Grantee agrees that District, or its agent, has the right to review, obtain,
and copy all records pertaining to performance of this Agreement.
Grantee agrees to provide District, or its agent, with any relevant
information requested and will permit District, or its agent, access to its
premises, upon reasonable notice, during normal business hours for the
purpose of interviewing employees and inspecting or copying books,
records, accounts, computerized records, and other materials that may be
relevant to the matter under investigation for the purpose of determining
compliance with this Agreement. Grantee further agrees to maintain such
records for a period of three (3) years after final payment under this
Agreement.
3. Grantee's detailed budget is included as Appendix B, Project Schedule
and Budget and is consistent with Grantee's Project Proposal. The
Project Budget will be used by District as the basis for evaluating
Grantee's invoices for Grant funds. In cases where invoices are
inconsistent with the Project Budget, invoices must either be revised for
consistency or an amendment to this Agreement may be necessary to
align the Project Budget with the actual reimbursable expenditures for the
Project.
4. Grantee must document its eligibility for award and receipt of Safe, Clean
Water Grant Funds by verifying it is not included in any current Federal
List of Parties Excluded from Federal Procurement or Non-procurement
Programs. Exclusion of Grantee from this list, verified at
http://www.arnet.gov/epls, demonstrates the Grantee's good status
regarding suspension and debarment and eligibility for Grant Program
funds.
5. Grantee is responsible for repayment to District of any disallowed cost.
Disallowed costs may be identified through audits, monitoring, or other
sources of information that become available to the District after the
District has satisfied an invoice from Grantee and disbursed Safe, Clean
Water Grant funds.
B. Eligible Costs
Total Project Grant Amount is not-to-exceed that amount identified in Recital G of
this Agreement, and will be disbursed to Grantee according to the terms and
conditions as stated in Section 2. Financial Provisions, C. Payment Request
Process and D. Invoicing.
1. Only Project related costs incurred during the Project Performance
Period, excluding costs incurred prior to and during preparation of the
Grant application, specified in this Agreement are eligible for
reimbursement. All such costs must be supported by appropriate
documentation, including but not limited to subcontractor invoices and
receipts.
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2. Personnel or Employee Services-Services of the Grantee's employees
engaged in project execution are eligible costs. These direct labor costs
must be computed according to the Grantee's prevailing wage or salary
scales and may include fringe benefit costs such as vacation, sick leave
and social security contributions that are customarily charged to the
Grantee's various projects for which the Grantee has submitted a Benefit
Rate Calculation to the District. Indirect overhead is limited to 10% of
Salary plus Benefits. Costs charged to the project must be computed on
actual time spent on a project, and supported by time and attendance
records describing the work performed on the project. Overtime costs
may be allowed under the Grantee's established policy; provided that the
regular work time was devoted to the same project.
3. Salaries and wages claimed for employees working on grant funded
projects must not exceed the Grantee's established rates for similar
positions.
4. Consultant Services-The costs of consultant services necessary for the
project are eligible. Consultants must be paid by the customary or
established method and rate of the Grantee. No consultant fee may be
paid to the Grantee's own employees.
5. Signs and Interpretive Aids-The cost of signs, display boards, or other
minor interpretive aids relating to the Project are eligible.
6. Other Expenditures-In addition to the major categories of expenditures,
reimbursements may be made for miscellaneous costs necessary for
execution of the Project. Examples of such costs include:
a. Postage; and
b. Transportation costs for moving equipment and/or personnel.
C. Payment Request Process
This Grant Agreement is based on a reimbursement model with specific details
as noted below.
1. Grantee may submit multiple Request for Payment Forms as necessary,
but not more often than monthly.
2. After Grantee completes the Project, Grantee submits the Project
Completion Packet (see Section 1. General Provisions, G. Project
Completion) and the Quarterly Progress and Request for Payment Form
(Appendix C) for the final payment.
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PAYMENT REQUEST PROCESS
PAYMENT TYPE WHEN TO SUBMIT IT SUPPORTING DOCUMENTATION TO
SEND TO PROJECT OFFICER
Payment Request Once Grantee can provide . Quarterly Progress and Request for
Reimbursement evidence to show significant Payment Form (Appendix C)
(up to 90% of the total progress toward completing . For direct expenses, copies of invoices
Project Grant Amount) Project tasks. with all attachments shall be submitted
• For labor costs, copies of Timesheets shall
be submitted . For Benefits Costs, a Benefits Rate
Calculation will be submitted . Documentation of accomplishments (i.e.,
draft and final plans, designs, etc.)
Final (10%) After Grantee has completed . Project Completion packet (see Section 1 .
the Project General Provisions, G. Project
Completion)
D. Invoicing
1. Grantee shall submit a completed Quarterly Progress and Request for
Payment Form (Appendix C) and shall incorporate Grantee name and
remittance address, a description/itemization of goods or services, dollar
amount of goods or services, invoice date and number, and Agreement
number. Work performed shall be determined on a per task basis as
outlined in the Project Scope (Appendix A) and Project Schedule and
Budget (Appendix B). All requests for reimbursements will be
accompanied by materials providing evidence of significant Project
progress accomplishments commensurate with level of reimbursement
requested.
2. District will review Grantee's invoice within ten working days from receipt
and advise Grantee of any disputed items. District will review and
approve undisputed invoices within ten working days from receipt and
issue payment within forty-five calendar days from receipt. District will
pay invoices within forty-five calendar days from date invoice is approved
by District's Project Manager.
3. Grantee's invoice must include invoices from subcontractors documenting
task, task budget, percentage complete, prior billing if any, current billing,
and total billed. Documentation supporting Grantee's invoice(s) must
document work performed consistent with the frequency of Grantee's
invoices to District.
Section 3. Miscellaneous Provisions
A. Miscellaneous Provisions
1. Grantee's waiver of any term, condition, covenant, or breach of any term,
condition or covenant shall not be construed as a waiver of any other
term, condition, or covenant or breach by any other term, condition or
covenant.
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2. This Agreement contains the entire Agreement between District and
Grantee relating to the Project. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement
are of no force or effect.
3. This Agreement shall be governed and construed in accordance with the
laws of the State of California.
4. This Agreement may be executed in counterparts and will be binding as
executed.
5. Grantee's request(s) for modification(s) to the Project Scope, and Project
Schedule and Budget must be submitted in writing, prior to the expiration
of this Agreement, and will be considered for approval by the District's
executive management responsible for the Safe, Clean Water Grant
Program provided:
a. The Grant award by the District's Board did not impose a
restriction on such revisions; and
b. No additional Grant funds are requested. All such requests will be
considered by the District's executive management responsible for
the Safe, Clean Water Grant Program.
6. Revisions to the Project Scope, and Project Schedule and Budget are
subject to review and prior approval of the District.
7. An extension to the term of this Agreement for a period up to twelve
( 12) months beyond the current expiration date may be approved by
District. Requests for term extensions must be submitted in writing and
received no later than sixty (60) calendar days prior to the expiration of
this Agreement. Grantee must submit sufficient documentation in support
of its request to enable the District's executive management to evaluate
Grantee's request. The District's executive management will consider
criteria such as the following:
a. The amount of Grant funds not yet disbursed to Grantee;
b. Grantee's progress in completing the Project Scope and the
reasons supporting any delays;
c. Whether Grantee has the dedicated human and financial
resources to continue to complete the Project Scope during the
extension period; and
d. Whether such extension is in the best interest of the District.
8. An amendment to this Agreement, extending its Term, must be executed
in full prior to the original expiration date as stated in Section 1. General
Provisions, H. Agreement Term. If this Agreement is not extended prior
to its expiration, any unexpended Grant funds will be retained by the
District and unavailable to the Grantee for the Project.
9. All Appendices, A (Project Scope), B (Project Schedule and Budget},
C (Quarterly Progress and Request for Payment Form), D (Resolution),
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MC12969.dot Page 9 of 27
and E (Insurance Requirements) are hereby incorporated herein by this
reference and made a part hereof, as though set forth in full.
10. Severability-if any provision of this Agreement is held invalid, that
invalidity shall not affect other provisions of the Agreement which can be
given effect without the invalid provision, and to this end the provisions of
this Agreement are severable.
11. Survival-Section 2. Financial Provisions, B. Eligible Costs, C. Payment
Request Process, and D. Invoicing, shall survive termination or expiration
of this Agreement such that any Eligible Costs incurred during the Project
Performance Period may be invoiced by Grantee and paid by the District
provided invoices, including final invoice, are submitted prior to the
expiration date of this Agreement as stated in Section 2. General
Provisions, H. Agreement Term, item 1.
B. Notices
Contact:
All notices and other communication required or permitted to be given under this
Agreement shall be in writing and shall be personally serviced or mailed, postage
prepaid and return receipt requested, addressed to the respective parties as
follows:
Jerry De La Piedra Grantee
Program Administrator Contact:
Water Conservation Unit
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
Phone: (408) 630-2257
E-mail: gdelapiedra@valleywater.org
City of Palo Alto
Kevin Carley
Utility Account Representative
250 Hamilton Ave.
Palo Alto, CA 94301
Phone: (650) 617-3181
Email:
kevin .carley@cityofpaloalto.org
[GRANTEE ORGANIZATION]
CITY OF PALO ALTO{. By:~~ ~i~~e·
2014 Safe, Clean Water Priority A Grant Program
SCVWD/GRANTEE
MC12969.dot
eau Goldie
ief Executive Officer
Page 10 of 27
APPENDIX A
PROJECT SCOPE STATEMENT OF INTENT
The primary objective is to provide the City of Palo Alto Utilities ("CPAU") business
customers Real-Time Water Monitoring Pilot Program ("Project") as part of the 2014
Safe, Clean, Water Priority A Grant Program. The Project goals are to provide CPAU
and SCVWD an effective, affordable way to meet efficiency goals for water loss control
and demand management, gain insight into customer use patterns, evaluate advanced
metering technology and engage customers to actively manage their use.
BACKGROUND
In summer 2012, CPAU launched a pilot program to test the effectiveness of providing
real-time water use information to business customers and motivating them to actively
engage in water reduction measures. The pilot program involved a simple, low cost
technology that required no infrastructure, yet enabled any water meter to act as an
advanced meter. About a dozen wireless devices were provided by the contractor,
attached to the water meters participating in the pilot and subsequently transmitted data
via cellular to a cloud-based software platform. Customers were able to securely log
into an online dashboard to view water use data on a minute-interval basis.
CPAU engaged several large utility customers to evaluate their use of the online tool
and corresponding management of facility systems to address leaks or other anomalies
in water use. The pilot demonstrated significant savings and elicited favorable
responses from participating facility and property managers. In the pilot's first six
months, CPAU estimated that participants had seen an average 28% reduction in water
use compared to the same period the previous year. The participants had also saved
over six million gallons of water and 10% on their utility billing costs, despite a water
rate increase during that period. After two years of administering the pilot program,
CPAU estimates that overall water use among all program participants has reduced
approximately 8%. While this number is not quite as dramatic as a 28% water use
reduction, among large commercial customers with peak irrigation demands, this
represents sizable water savings.
The City recognizes the benefits an innovative technology such as real-time water use
monitoring could provide to water users by measuring, monitoring and displaying water
consumption in real-time, minute-by-minute intervals. By providing customers with the
information and tools to monitor their own water use in real-time.
The City is seeking a proposal for two discrete options to deliver a real-time water
monitoring program: Option 1 full turn-key program that completely outsources all tasks;
and Option 2 program of training and support that would enable CPAU staff to deliver
the program in house. The primary objective of the Program is to provide CPAU an
effective and affordable way to empower participants to actively manage water use at
2014 Safe, Clean Water Priority A Grant Program
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their facilities and address leaks or other anomalies in water use before encountering
potential financial, mechanical, structural problems or liability.
CPAU seeks to outsource the project development, data analysis, hardware
procurement, installation and deployment, technical user access set up, monitoring and
measurement, result analysis and reporting. By providing these services, we are
empowering participants to actively manage water use at their facilities and address
leaks or other anomalies in water use before encountering potential financial,
mechanical, structural problems or liability risks.
This real-time water information system delivers feedback, reports, and alerts through
the web, e-mail, SMS and print. It provides personalized benchmark data for site
managers to better understand patterns of usage, empowering them to make changes.
Rather than waiting for the end of a billing cycle, customers can identify and address
issues before they become maintenance and billing misfortunes.
The City will either fully contract out or engage a consultant to assist the City with the
development, installation and maintenance of an estimated 125 cellular deployed units,
distributed among 100 City facility meters and 25 commercial customer sites for real-
time water monitoring.
The City, working with its selected Consultant will provide a final report to CPAU and
SCVWD. The report will include key insights from the research phase of the project to
help CPAU staff better design future outreach. The Report will also provide final results
from the pilot project including findings from post-pilot interviews.
Task and Subtasks
a) PROJECT DEVELOPMENT
Task 1.1 Solicitation and Request for Proposal to identify project consultant.
Proposers must submit proposals that cover and individually price the following two
options for the Program:
Option 1. Full turn-key Program
Option 2. Train and provide Program support
The City, working either through or with its selected Consultant will perform the following
tasks:
PROGRAM PARTICIPANT IDENTIFICATION:
Task 1.2 Kick-off meeting
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Create timeline for training participating utility customers and CPAU staff on
hands on hardware installation training and management of the software
platform.
Task 1.3 Site Identification
Identify 125 meter accounts, distributed to approximately 100 city facility
meters and 25 business customer sites.
Task 1.4 Hardware
Setup and install wireless sensing devices on a select group of businesses
who are City of Palo Alto Utilities customers as well as City facility meters at
parks and government buildings. These customers will have real-time water
consumption data available through these sensing devices. Each wireless
sensing device will transmit data to a software analytics and services
platform for analysis and tracking.
Task 1.5 Installation
Provide the necessary labor and services to install all the hardware at the
identified sites.
Task 1.6 Training
Set up timeline for training participating utility customers and CPAU staff on
access and management of the software platform.
Task 1.7 Customized Portal set up
Provide access to the software platform to both Project participants and
CPAU staff revealing historical and real-time water consumption information,
trending and alerts to any anomalies in water use.
MAINTENANCE
Task 1.7 Hardware:
Replace any unit not functioning properly within an agreed amount of time
between CPAU and selected consultant during the term of the pilot program.
Task 1.8 Battery replacement
Replace the unit's battery as necessary during the term of the pilot program.
Task 1.9 Cellular connectivity
Monitor and ensure cellular connectivity for all units deployed during the term
of the pilot program.
Task 1.10 Software updates
Notify CPAU within five working days of software update release to schedule
software updates.
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TECHNICAl SUPPORT AND SERVICES
Task 1.11 Software/portal updates:
Notify CPAU within five working days of software or portal update release to
schedule the updates.
Task 1.12 Customized portal set up:
Provide personalized water monitoring system that will display real-time
dashboard of individual meter water use in 15 minute intervals. Leak
detection and leak location alerts are automatically emailed in weekly water
logs and monthly leak reports. Users can set leak alert thresholds to receive
immediate notification via email or text of a potential problem or anomaly in
use.
Task 1.13 Guidance and training:
Facilitate training for Project participants and CPAU staff, as needed, on use
of the software monitoring platform.
MONITORING AND MEASUREMENT
Task 1.14 Data Analysis:
Portal will provide analytics, data disaggregation, displays seasonal usage
and other water use trends to enable users to better understand and manage
water consumption.
Task 1.15 Results Analysis:
Provide a full analysis that includes surveying participating customers on their
Changes in maintenance, repair activities and/or water use patterns will be
documented as part of the overall Project analysis and effectiveness toward
driving water use reductions.
e) REPORTING
Task 1.16 Reporting
Provide setup, configuration, and analytics, real-time data service, weekly,
monthly, quarterly and annual reports, real-time alerts, ongoing software
support, updates and maintenance.
Task 1.17 Final Report
Complete final Project evaluation report to the CPAU including all final data
and results analysis.
WRAP UP
TASK 1.18 Removal of Devices:
Remove all deployed devices within 60 days of final report submittal.
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Identify project manager and other key individuals:
Name:
Kevin
Street Address:
250 Hamilton Ave.
Phone Number:
617-3181
Email: Years of Relevant ence:
Kevin.Ca 6
Rol
Project Manager. Kevin Carley will oversee the timely and successful implementation and
ongoing operation of the cellular end-point technology services that will be incorporated
with City water meters, guiding consultant through deployment tasks and serving as the
primary point of contact for Program-related matters. Kevin will be responsible for grant
agreement execution, accounting, invoicing, quarterly and final Program reporting,
Program analysis, technical support, hardware solutions and customer communications.
Kevin oversees many successful and innovative water efficiency programs for the City of
Palo Alto. He has been an effective project manager, contracts administrator and expert
technical resource for private companies and public agencies. His extensive experience
adds value to this ect team.
Name:
Anthon Enerio
Street Address:
250 Hamilton Ave.
Phone Number:
(650) 329-2621
Email:
Anthony.Enerio@cityofpaloalto.org
Ro bilities:
2014 Safe, Clean Water Priority A Grant Program
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Palo Alto CA 94301
Fax Number:
(650} 617-3140
Years of Relevant rience:
15
Page 15 of 27
DSM Portfolio Management and Budget Oversight. As manager of the City of Palo Alto
Utilities Marketing Services Division, Anthony Enerio oversees the overall budget for water
efficiency and demand side management (DSM) programs. Anthony is responsible for
developing the overall strategy, operation and successful implementation of the City's
utility efficiency programs delivery, including management of a team of technical,
operational and marketing staff. Anthony has worked in Utilities for the City of Palo Alto
for more than 10 years, predominantly managing utility DSM portfolios and budgets. His
leadership in financial management adds strength to the project team's fiduciary success
and total resource cost analysis evaluation procedures.
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Dates listed are tentative pending consultant selection
Task Estimated
Cost
Sign agreement with District $0
Sign agreement with selected $0
consultant
Begin project $0
Project Development $3,000
Site Identification $750
Data Analysis-Water $750
Consum n Trends
Product (Hardware) Procurement $10,000
Software Service Fees $15,000
Product Deployment $2,500
T echnicai/Online User Access $1,000
Setu
Monitoring and Measurement -$1,000
Data Collection
Results Analysis $2,000
Reporting Quarterly $1,500
Draft Final Report $1,500
Final Report 1,000
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Planned
Start Date
January
2015
February
2015
March 2015
March 2015
March 2015
March 2015
March 2015
March 2015
February
2015
January
2015
January
2015
March 2015
March 2015
April30,
2016
April30,
2016
MC12969.dot Page 17 of 27
Planned
Com on Date
February 2015
March 2015
June 30, 2016
April 2015
April2015
April2015
April2015
June 30, 2016
March 2015
April2015
April 30, 2016
April 30, 2016
Quarterly until end of
June 30, 2016
APPENDIXC
QUARTERLY PROGRESS AND REQUEST FOR PAYMENT FORM
GRANT:
2014 Safe, Clean Water Priority A Grant Program
AGREEMENT No.: GRANTEE:
PROJECT TITLE:
1. TYPE OF PAYMENT: D Reimbursement D Final
2. PAYMENT INFORMATION (Round all figures to the nearest dollar):
a. Project Amount
b. Funds Received to Date
c. Available (a. minus b.)
d. Amount of This Request
e. Remaining Funds after This Payment (c. minus d.)
3. SEND PAYMENT TO:
Grantee Name
Street Address
City, State, Zip Code
Attention
4. TYPED OR PRINTED NAME OF PERSON AUTHORIZED BY RESOLUTION:
5. SIGNATURE OF PERSON AUTHORIZED BY RESOLUTION:
6. PAYMENT APPROVAL SIGNATURE:
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MC12969.dot Page 18 of 27
$
$
$
$
$
Title
Date
Date
PAYMENT REQUEST FORM INSTRUCTIONS
The following instructions correspond to items on the Payment Request Form:
Agreement Number-as shown on page 1 of the Agreement following execution of the
Agreement by both Parties.
Grantee-GRANTEE name as shown on the Grant Agreement.
Project Title-Title of Project for which payment is requested.
1. Type of Payment-Check appropriate box, and submit this form:
Reimbursement-When Grantee has periodically spent funds to implement the Project,
and is requesting reimbursement; or
Final-When Grantee has completed the Project, and is requesting the final payment.
2. Payment Information:
a. Project Grant Amount-The amount of District grant funds allocated to this
Project
b. Funds Received to Date-Total amount already received for this Project
c. Available-( a. minus b.)
d. Amount of This Payment Request-Amount that is requested
e. Remaining Funds After This Payment-( c. minus d.)
3. Send Payment to: Grantee Name, Address, and Contact Person
4. Typed or printed name of person authorized by Resolution.
5. Signature of person authorized by Resolution.
6. Payment approval signature and date-For District staff.
Additional Information to supply with Payment Request Form:
• Summary of work completed during billing period, by task.
• Attached documentation to support charges (i.e., subcontractor invoices, receipts, etc.).
• Determination if project is on schedule to meet completion date.
• Any other relevant findings.
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APPENDIXD
RESOLUTION
Resolution No. 9463
Resolution of the Council of the (ijty of Palo Alto to Approve and Authorize the
Execution of a Grant Funding Agreement with the Santa Clara Valley Water District
Related to the Citv' s Real-Time Water Use Monitoring Pilot Program
A. The Santa Chua Valley Water District (''District") has enacted the 2014 Safe,
Clean Water Prlorlt~· A Grant Program {the "Grant"), which provides funds for testing new and
innovative water conservation programs and tedmologie~. '
B. On January 31, 2014, the City of Palo Alto (''City'') submitted a grant application
to the District Request for the Real· time Water Use Monitoring Pilot program (the ''Project''}.
C. On March 19, 2014, the District's Water Conservation Unit selected the ctty to
receive the Grant funding fo' the Project.
D. The District has requested that the City certify by resolution the approval of the
City to accept grant funds,
The Council of the Crtv of Palo Alto RESOLVES as follows:
SECTIQ!t1. The C•)Ltncil hereby accepts and apprm'e5, and delegates to the City
Manager or his designee the authority to accept on behalf of the City, the allocation of the
District's grant funds.
SECTION 2. The CitY Manager, or his designee, is hereby authorized to negotiate and
execute the 2014 Safe, Clean Water Priority A Grant Program Agreement ("Grant Funding
Agreement") with the District substantially in the form attached hereto as Attachment A, with
such other changes thereto as may be C~pproved by the City Attorney, for and on behalf of the
City. The City Manager, or 11is designee,. is further authorized to negotiate Md/or execute <my
and all additional documents necessary to sewre the gram of funding to the City.
SECTIQN 3. In cornjunction with the execution of the Grant Funding Agreement, the
City Manager, or his designee, is hereby authorized to provide to the District, on behalf of the
City,'any necessary substantiation and/or related information which may be required by the
District as a condition for disbursement of grant funds
SECTIONJ. The City has the capability to provide the amount of funding and/or in·
kind contributions specified in the Grant Funding Agreement.
~· lhe Coundl finds. that the adoption of this resoiLJtion, approving the
exewtion of one or more grant agreements and other documents in connection with the
receipt of Oistrltt funds relating to the Project does not meet the definition of ''project'' set
2014 Safe, Clean Water Priority A Grant Program
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l
Page 20 of 27
forth in ~ection 21065 of the California Public Resources Code and is therefore not subject to
the California Environmental QuaUty Act {"CEQA'l The Council finds that the City of Palo Alto
Utilities has presented suffident evidence and other information with spedficitv to support the
basis of the daimed inaj)plicabllity of CEQA.
INTRODUCED AND PASSED: October 20, 2014
AYES: BERMAN, BURT, HOL'VIAN, KLEIN, KNISS, PRICE, SCHARFF, SCHMID, SHEPHERD
NOES:
A6SBU:
ABSTENTiONS:
ATTEST:
THE fOil.li®lHG DOCUMWT l!i O:RTlf!Et> TO 81:
A COIUtf!CT COPY Of THe' OIUGlNAl ON PILE
"J CfRnf'V Oft Ol:ct.Aru: tmDfR PEtW.TY 01'
PE'RJURVTHA'f 'I'HI! ,ORE®ING lS . UE AND COR!l!CT" ~~ ~
Cl1Y CU:RIC'S OFFICE }
\ ..
\. CllY OF PAlO AtTO /
\\_Jf:>fj()\'f ~~·~~?z:::...-\om JGW!TU
2014 Safe, Clean Water Priority A Grant Program
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MC12969.dot
APPROVED:
/~
/ r
\ .. •'
Page 21 of 27
ORDINANCE NO. 52.85
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE
BUDGET FOR THE FISCAl YEAR 2015 IN THE WATER FUND TO PROVIDE
APPROPRIATION OF $100,000 TO EXECUTE TWO WATER CONSERVATION PILOT
PROGRAMS, A BUSINESS WATER REPORT PILOT PROGRAM AND A REAL-TIME
WATER USE MONITORING PILOT PROGRAM, AND TO INCREASE THE ESTIMATE
FOR LOCAL REVENUE IN THE AMOUNT OF $75,000 TO REFLECT GRANT FUNDS
TO BE RECEIVED FROM THE SANTA ClARA VALLEY WATER DISTRICT 2014 SAFE
ClEAN WATER AND NATURAL FLOOD PROTECTION PRIORITY A -WATER
CONSERVATION RESEARCH GRANT PROGRAM1 AND TO DECREASE THE WATER
FUND ENDING FUND BALANCE BV $25,000 TO FUND THE CITV1S 25 PERCENT
MATCHING PORTION OF THE GRANT.
The Council of the City of Palo Alto does ordain as follows:
SECTION 1. The Council of the City of Palo Alto finds and determines as follows:
A. Pursuant to the provisions of Section 12 of Article IU of the Charter ofthe City of Palo
Alto, the Council on June 16, 2014 did adopt a budget for fiscal year 2015; and
B. On January 31, 2014, the Utilities Department, on behalf of the City of Palo Alto,
submitted grant applicatlonuo fund two pilot programs, Business Water Reports and Real·time
Water Use Monitoring, to the Santa Cfara Valley Water District (District} under the 2014 Safe,
Clean Water Priority A -Water ConseMtion Grant Program1 which provides funds for testing
new and innovative water conservation programs and technologies; and
C. On March 19, 2014, the District awarded grants to the City in the amount of $45,000
for the Business Water Reports· Pilot Program and $30~000 for the Real·tlme Water Use
Monitoring Pilot Program; and
D. Seventy-Five Thousand Dollars ($75,000) is available based on notification from the
District; and
E. City Council authorization is needed to amend the 2015 budget as hereinafter set
forth.
SECTION 2. The sum of One-Hundred Thousand ($100,000) is hereby appropriated for
the water conservatlon pilot programs, the estimate for local Revenue is increased by $75,000,
and the Water Fund Ending Fund Balance is reduced by $25,000.
2014 Safe, Clean Water Priority A Grant Program
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MC12969.dot Page 22 of 27
SECTION 3. As spec:lfted ln Section 2.28.080(a) of the Palo Alto Municipal Code, a two·
thirds vote of the City Council is required to adopt this ordinance.
SECTION 4. As provided in Sedion 2.04.330 of the Palo Alto Municipal Code, this
ordinance shall become effective upon adoption.
SECTION 5. The actions taken ln this ordinance do not constitute a project requlJing
environmental review under the California Environmental Quality Act (CEQA).
INTRODUCED AND PASSED: October 2.0, 2.014
AYES: BERMAN1 BURT, HOLMAN, KLEIN, KNISS, PRICE, SCHARFF, SCHMID, SHEPHERD
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST: /
~~~
City Clerk
APPROVED AS TO FORM:
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APPROVED:
Page 23 of 27
APPENDIX E
INSURANCE-CONTRACTOR-No Construction Risk
Please refer to the insurance requirements listed below.
Without limiting the Contractor's indemnification of, or liability to, the Santa Clara Valley Water
District ("District"), the Contractor 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:
Contractor must provide its insurance broker(s)/agent(s) with a copy of these requirements and
warrants that these requirements have been reviewed by Contractor's insurance agent(s) and/or
broker(s), who have been instructed by Contractor to procure the insurance coverage required
herein.
In addition to certificates, Contractor 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 the contract
commences. In the event of a claim or dispute, District has the right to require Contractor's
insurer to provide complete, certified copies of all required pertinent insurance policies, including
endorsements affecting the coverage required by this Appendix.
Contractor 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 I $1,000,000 aggregate limits for bodily injury and property
damage
$1,000,000 Products/Completed Operations aggregate (to be maintained for at least
three (3) years following acceptance of the work by District.
General Liability insurance must include:
a. Coverage that is at least as broad as that found in the standard ISO Form CG 00 01.
b. Contractual Liability expressly including liability assumed under this contract.
c. If Contractor will 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 Contractor'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
2014 Safe, Clean Water Priority A Grant Program
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MC12969.dot Page 24 of 27
volunteers will be in excess of Contractor's insurance and will not contribute to it.
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. 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 Requirements
With respect to all coverages noted above, the following additional requirements apply:
1. Additional Insured Endorsement(s) Contractor must provide an additional insured
endorsement for Commercial General/Business Liability and Business Automobile
liability coverage naming the Santa Clara Valley Water District, its Directors, officers,
employees, and agents, individually and collectively, as additional insureds, and
must provide coverage for acts, omissions, etc. arising out of the named insureds'
activities and work. Other public entities may also be added to the additional insured
endorsement as applicable and the Contractor will be notified of such requirement(s) by
the District.
(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 07/04 are not acceptable)
2. Primacy Clause: Contractor's insurance must be primary with respect to any other
insurance which may be carried by the District, its 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 Best's Key
Rating Guide or a company of equal financial stability that is approved by the District's Risk
Management Administrator.
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5. Self-Insured 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 Contractor shall
provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses
and related investigations, claim administration, and defense expenses.
6. Subcontractors: Should any of the work under this Agreement be sublet, the
Contractor must require each of its subcontractors of any tier to carry the
aforementioned coverages, or Contractors may insure subcontractors under its own
policies.
7. Amount of Liability not Limited to Amount of Insurance: The insurance procured by
Contractor for the benefit of the District must not be deemed to release or limit any
liability of Contractor. Damages recoverable by the District for any liability of Contractor
must, in any event, not be limited by the amount of the required insurance coverage.
8. Coverage to be Occurrence Based: All coverage must be occurrence-based
coverage. Claims-made coverage is not allowed.
9. Waiver of Subrogation: Contractor agrees on to waive subrogation against the District
to the extent any loss suffered by Contractor is covered by any Commercial General
Liability policy, Automobile policy, or Workers' Compensation policy, described in
Required Coverages above. Contractor agrees to advise its broker/agent/insurer 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 Contractor
in the event of material noncompliance with the insurance requirements outlined above.
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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PEOPLE STRATEGY & OPERA'r!OHS
CI1Y Of' .250 H?milton ,.,.,oilntN. ~1eatH1i11€!
PALO Palo Alto, CA 94301
ALTO n!>o n~ 2:>76
Mr. Jetcy Dt' IAI Piedm
Progrdlll Administrator, Water Conservation Unit
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 951118
Dear :Mr. De ta Piedra,
This letter concerns the propo!JOO ag~ment bl;ltween the City of Palo Alto and the Santa
Clara VaHey Water District for the 2014 Clean, Safe Cre<lks and Natural Flood Protection
Program.
The City of Palo Alto is self-insured for liability exposure, including equitable and
cQntractual inde-mnity under the tenn.-, of the proposed agreement. up to $1 million.
Excess insurance is provided by the Authority of California Cities Excess Liability
(ACCBL}.
The City of Palo Alto is self-inllured for Workers; Compensation (as recognized by the
Director of Industrial Relations, Certificate #7102) and such insurance is afforded to all
employee$ <lfthe City of Palo Alto included in the agreement.
Should you have any additional questions or concerns, please feel free to contact me.
Sandra T .R.. Blanch
Assistant Director. Pe.ople Strategy and Operations
cc: Anthony Enerio
CltyOfPa loA lto.org
2014 Safe, Clean Water Priority A Grant Program
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5750 Almaden Expressway, San Jose, CA 95118-3614 I (408) 265-2600 I www.valleywater.org Santa Clara Valley
Water District)
April 2, 2015
Anthony Enerio
City of Palo Alto Utilities
250 Hamilton Avenue,3rd Floor
Palo Alto, CA 94301
COPY
Subject: Agreements A3838R and A3839R between the Santa Clara Valley Water District
and the City of Palo Alto
Dear Anthony Enerio,
Enclosed are the enacted copies of Agreement A3838R and A3839R which were executed by
the Santa Clara Valley Water District on February 2, 2015. Please retain the enclosed copies for
your records and to reference any future correspondence, related to these contracts, with
Agreements A3838R and A3839R.
If you have any questions regarding these Agreements, please contact Project Manager
Michele Keefhaver at (408) 630-3142 or mkeefhaver@valleywater.org.
Sinc~rely, ~# (} ' ~,, 1 ·~ R~iers~n .
Supervising Progra ~dministrator
Consultant Contract Services
Enc.: Agreement A3838R
Agreement A3839R
Our mi ssion is to provide Silicon Valley safe, clean water for a healthy life, environment, and economy.
SC:V'vVD ENt.CTED COPY
C.Jntract Admlnistrati:m Unit
t:.Civ:T: ~3el36 R. F!LE: M_~3l_\_~_.
SANTA CLARA VALLEY WATER DISTRICT
Safe, Clean Water and Natural Flood Protection Program
2014 SAFE, CLEAN WATER PRIORITY A GRANT PROGRAM
This 2014 Safe, Clean Water Priority A Grant Program Agreement (Agreement), effective upon
full execution, is entered into by and between the SANTA CLARA VALLEY WATER DISTRICT,
a California special district (District) and CITY OF PALO ALTO, a California Chartered municipal
corporation (Grantee). District and Grantee may be referred to individually as a "Party" or
collectively as the "Parties" or the "Parties to this Agreement." This Agreement provides for
funding to support Grantee's Real-Time Water Use Monitoring Pilot Program (Project).
RECITALS:
A. The District's mission is to provide Silicon Valley safe, clean water for a healthy life,
environment, and economy.
B. In November 2012, the voters of Santa Clara County passed Measure B establishing
a special tax to fund the Safe, Clean Water and Natural Flood Protection program (Safe,
Clean Water).
C. The Safe, Clean Water Program special tax provides funding for activities consistent
with this 2014 Safe, Clean Water Priority A Grant Program (Grant Program), focused on
ensuring a safe, reliable water supply for the future.
D. On October 8, 2013, the District's Board of Directors approved the use of District funds
for the Grant Program and authorized the District's Chief Executive Officer to execute
grant agreements.
E. On October 20, 2014, the Grantee's City Council adopted a Resolution authorizing
Grantee's application for Grant Program funding and acceptance of the grant, if
awarded, for Grantee's Real-Time Water Use Monitoring Pilot Program (see
Appendix D, Resolution).
F. Grantee submitted an application to the District's Grant Program for its Real-Time Water
Use Monitoring Pilot Program to conduct certain innovative water conservation related
activities.
G. In February 2014, the District Chief Executive Officer approved the Real-Time Water
Use,Monitoring Pilot Program, allocating the Project Grant Amount not to exceed
THIRTY THOUSAND DOLLARS ($30,000) to Grantee.
H. Consistent with application submitted, Grantee has secured funding from Santa Clara
Valley Water District in the amount of THIRTY THOUSAND DOLLARS ($30,000) and
any additional funds necessary to complete the Project will be supplied by the City of
Palo Alto Utilities, subject to annual appropriations.
2014 Safe, Clean Water Priority A Grant Program
SCVWD/GRANTEE
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