BOARD AGENDA MEMORANDUM
SUBJECT:Title
Approve and Authorize the Chief Executive Officer to Execute Amendment No. 1 to Agreement A4214R, with the Santa Clara Valley Transportation Authority, for the Safe, Clean Water and Natural Flood Protection Program, FY2018 Priority B3 Grant Pollution Prevention Agreement for the Keep Santa Clara Valley Beautiful Project, to Retroactively Extend the Agreement Expiration Date as a No-Cost Extension and Reallocate Funding in the Project Budget (Countywide).
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RECOMMENDATION:Recommendation
Approve and authorize the Chief Executive Officer to execute Amendment No. 1 to Agreement A4214R Santa Clara Valley Water District Safe, Clean Water and Natural Flood Protection Program, FY2018 Safe, Clean Water Project B3 Grant Agreement with the Santa Clara Valley Transportation Authority, for the Keep Santa Clara Valley Beautiful Project, to retroactively extend the Agreement expiration date from November 9, 2021, to June 30, 2024, as a no-cost extension and reallocate funding in the Project budget.
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SUMMARY:
On May 8, 2018, the Board awarded the Santa Clara Valley Transportation Authority (Grantee) $84,500 under the 2018 Safe, Clean Water Priority B3 Pollution Prevention Grant Program. The grant provides funding for Grantee’s Keep Santa Clara Valley Beautiful Project (Project) to develop a countywide program to reduce litter on Santa Clara County’s freeways and prevent contaminants from entering nearby underground watersheds and creeks. The Agreement commenced on November 9, 2018.
The Grantee’s ability to perform the scope as described in the Agreement was significantly impeded by staffing changes and due to the State Emergency Services Act, the Governor’s Emergency Declaration related to the COVID-19 pandemic, the Governor’s Executive Order N-29-20, and Order of the County of Santa Clara Public Health Officer dated March 16, 2020. A majority of the Project activities relate to public litter cleanup events, which was heavily impacted by the shelter-in-place orders and the COVID-19 pandemic.
Project activities were further delayed by a cyber-attack on the Grantee’s computer systems in April 2021, followed by an active shooting incident in May 2021 that continued to disrupt the Grantee’s workflow. The Agreement expired on November 9, 2021. To date, the Grantee has invoiced $3,200 of the $84,500 grant amount.
In November 2021, the Grantee requested a time extension along with minor scope and budget changes. The Grantee followed up with a revised amendment request in April 2022, requesting to extend the Agreement end date to June 30, 2024, to sufficiently complete their Project.
The Amendment modifies their approach to completing the remaining tasks. The original scope included three large community clean-up events. Due to the shelter-in-place and uncertainties surrounding the pandemic, cleanup events would now be smaller and more frequent throughout the county. Amendment No. 1 would also include minor scope revisions for clarity and updates to the standard terms and conditions.
The revised schedule and budget have been adjusted based on the changes to the scope. The revised budget would re-allocate funds for staffing hours, unused staff training costs, lower signage costs, and a small contingency into on-going tasks.
Amendment No. 1 would retroactively extend the Agreement to June 30, 2024, which will allow the Grantee to receive reimbursement for eligible costs incurred since the Agreement expired and provide sufficient time required for the Grantee to complete the Project.
ENVIRONMENTAL JUSTICE IMPACT:
There are no Environmental Justice Impacts associated with this item.
FINANCIAL IMPACT:
No financial impact. Amendment No. 1 is a no-cost, time extension and does not increase grant award amount.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have a potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
Attachment 1: SCVWD Agreement A4214R
Attachment 2: VTA Amendment Request
Attachment 3: Amendment No. 1 to Agreement
UNCLASSIFIED MANAGER:Manager
Donald Rocha, 408-630-2338