BOARD AGENDA MEMORANDUM
SUBJECT:
Title
Approve Amendment No. 2 to Agreement No. A4155R, with P.S. Creations, LLC for the PlateScrape Project, a Safe, Clean Water FY 2018 Priority A Water Conservation Grant Agreement for a No-cost Extension of the Agreement to June 30, 2023.
End
RECOMMENDATION:
Recommendation
Approve Amendment No. 2 to Agreement No. A4155R with P.S. Creations, LLC, to extend the Agreement expiration date from June 30, 2021 to June 30, 2023, as a 24-month, no-cost extension.
Body
SUMMARY:
On May 8, 2018, the Santa Clara Valley Water District (Valley Water) Board of Directors (Board) approved a grant award to the P.S. Creations, LLC (Grantee), in the amount not-to-exceed $30,192 to support the PlateScrape Project (Project). The PlateScrape is a pilot device built to pre-sanitize plates in restaurant and commercial food settings more efficiently than common spray-off methods. This grant funds the analysis of water and energy savings associated with PlateScrape technology. To date, $7,146 of the grant amount has been disbursed to the Grantee for planning, manufacturing, project administration, testing fees, and participant training.
The Project was originally scheduled to be completed June 30, 2020. 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, the Project activities consisting of testing and analyzing water and energy savings were suspended because the participating restaurants were closed pursuant to shelter-in-place orders. As a result, the CEO approved Amendment No. 1 (Attachment 3), a no-cost time extension of the Agreement through June 30, 2021, with the understanding that uncertainties surrounding the pandemic’s impact on restaurants remaining open or closed may further delay the Project.
In March 2021, the Grantee requested a second extension due to the continued impact and uncertainty surrounding the COVID-19 pandemic on the restaurant industry (Attachment 2), noting that restaurant capacity in Santa Clara County remains restricted under the existing tier, and will continue to be restricted under lower tiers, with no way of knowing how long the restrictions will last.
To ensure continuity of the term of the Agreement and that the public receive the benefit of the grant Project, staff recommends approval of Amendment No. 2 (Attachment 4), which would extend the term of the Agreement through June 30, 2023. This extension includes additional time to account for any further pandemic-related delays and should allow the Grantee sufficient time to complete the remaining tasks of the Project scope.
FINANCIAL IMPACT:
None. Amendment No. 2 is a no-cost, time extension.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have potential for resulting in direct or reasonably foreseeable indirect physical changes in the environment.
ATTACHMENTS:
Attachment 1: Agreement A4155R
Attachment 2: P.S. Creations Agreement Amendment Request
Attachment 3: Amendment No. 1
Attachment 4: Amendment No. 2
UNCLASSIFIED MANAGER:
Manager
Marta Lugo, 408-630-2237