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2006- 002-Approving The Second Amendment To Agreement Providing For Implementation Of The Santa Clara Valley Urban Runoff [Pollution Prevention ProgramRESOLUTION 2006 - 002 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE SECOND AMENDMENT TO AGREEMENT PROVIDING FOR IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM AND AUTHORIZING THE TOWN MANAGER TO SIGN THE AGREEMENT WHEREAS, on December 12, 1999, the Town Manager of the Town of Los Gatos signed the Agreement Providing for Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program as authorized by the Town Council; and WHEREAS, the Town Council signed a first amendment to the agreement in February, 2005; and WHEREAS, the term of the agreement will expire on March 10, 2006, and the parties to the agreement wish to continue the agreement in full force for one fiscal year beyond the termination date of the next NPDES Permit. NOW, THEREFORE, IT IS RESOLVED that the Town Manager is hereby authorized to execute the Second Amendment to Agreement Providing for Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (Exhibit A). PASSED AND ADOPTED at a regularmeeting of the Town Council held on the 17t'' day of January, 2006 by the following vote: COUNCIL MEMBERS: AYES: Steve Glickman, Joe Pirzynski, Barbara Spector, Mike Wasserman, Mayor Diane McNutt. NAYS: None ABSENT: None ABSTAIN: None SIGNED: ~~~GIN1Q, U~ 1' ~ MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CA ATTEST: ~~~ ~~~ CLE 1VIII~TISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK DEPART~,IE~;T AGR G C>~~ SECOND AIVIENDM~NT TO AGREEMEN'~IN PROVIDING FOR IMPLEMENTATION O~~ THE SANTA. CLARA VALLEY URBAN RUN(~P'Y POLLUTION PREVENTION PROGRAM RESo THIS SECOND AMENDMENT TO AGREEMENT' PROVIDING FOR IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM (the "Amendment") is entered into by and between the SANTA CLARA VALLEY WATER DISTRICT, a local public agency of the State of California ("District"); CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF LOS' ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California; CITY OF SLINNYVALE, a municipal corporation of the State of California; and COUNTY OF SANTA CLARA, a political subdivision of the State of California. All of the above-mentioned entities are hereinafter collectively referred to as "Parties" or individually as "Party." RECITALS A. The Parties previously entered into that certain Agreement Providing For Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (the "Agreement" or "MOA") pursuant to which. the Parties established certain terms and conditions relating to the implementation and oversight of the Santa Clara Valley Urban. Runoff Pollution Prevention Program (the "Program"), including a cost. sharing allocation, which was appended thereto as Exhibit A. A copy of the Agreement, including Exhibit A, is attached hereto as Appendix 1. Unless otherwise set forth herein, all terms shall have the meaning. set forth in the Agreement; B. The Agreement originally provided for a five year term, which, based on its execution, was set to conclude on or about March 10, 2005. However, on or about February 20, 2005, the Parties unanimously entered into a First Amendment to the Agreement (attached hereto as Appendix 2), which extended the term of the Agreement by one additional year and, during that year,. directed the Program to undertake a management and cost allocation review. The Program used an independent contractor to conduct the management and cost allocation review, which was completed and submitted to the Management Committee in November 2005; C. The Parties expect to utilize tie Program to continue to represent their interests in negotiating the terms ofa renewed NPDES Permit, which may manifest itself in a Municipal Regional Permit ("MRP"), in 2006, and to otherwise address a variety of matters related to assisting the Parties in effectuating compliance with the Permit and/or MRP after March 10, 2006; D. The Parties also expect to continue to utilize the Program's preferred approach of achieving consensus to resolve issues and reach decisions, and to rely on the Majority Vote mechanism set forth in Section 2.08 of the Agreement at the Management Committee level only when. consensus-based resolutions appear or become elusive; E. The Parties desire to update the Agreement and extend the term of the MOA as set forth below; F. Section 7.02 of the MOA provides that it maybe amended by the unanimous. written agreement of the Parties and that all Parties agree to bring any proposed amendments to their Council or Board, as applicable, within three (3) months following acceptance by the Management Committee;. and. G. The Program's Management Committee accepted this Amendment for referral to the Parties' Councils and/or Boards at its meeting on December 15, 2005. NOW, THEREFORE, THE PARTIES' HERETO FURTHER AGREE AS FOLLOWS: 1. Recognition of Current Permit. Recital F of the Agreement is hereby amended by the following additional subsections: 3. Order No. 01-024 (re-issued NPDES Permit No. CAS029718); adopted February 21, 2001; 4. Order No. 01-119 (Modification to re-issued NPDES Permit No. CAS029718); adopted October 17, 2001; 5. Order No. R2-2005-0035 (Further Modification to re-issued NPDES Permit No. CAS029718); adopted July 20, 2005. 2. Cost Sharing Allocation. Effective with fiscal year 2007, the following footnote shall be deerned to have been added to "Exhibit A" of the MOA and to be shown by means of an asterisk placed immediately following the Proportional Share. of "30.02%" shown for the District: o *One-third of the District's 30.02% contribution is expected to be from funding derived by the District from Outcome 2 and Activity 2,5 of the voter-adopted Clean Safe Creeks program; the remaining two-thirds of the District's contribution is expected to be derived by the District from property tax revenues. 2 3. Contractin Fiscal Agent. Se;~tion 4.02 of the Agreement. is hereby replaced by the following: In March 2005, the District notified the Management Committee that it was withdrawing as the Contracting/Fiscal Agent within ninety (90) days; the City of Sunnyvale thereafter agreed to serve as the ContractinglFiscal Agent and was nominated to do so by another Party and selected as the Program's Contracting/Fiscal Agent by a majority vote of the Management Committee. The City of Sunnyvale may withdraw as the Contracting/Fiscal Agent upon the provision of ninety (90) days written notice to the Management Committee. 4. Extension of Term of Agreement. Sections 6.02 and 6.02.01 of the Agreement, as previously amended, are hereby replaced as follows: This Agreement shall have a term extending one fiscal year beyond. the termination date of the next NPDES Permit issued to the Parties by the RWQCB-SFBR; such termination date shall, include any administrative extension of the next NPDES Permit's term which occurs pursuant to the NPDES regulations. 5. Sunersedin Eg_ffect. This Second Amendment of the Agreement shall supersede and replace the First Amendment of the Agreement. [remainder of page intentionally blank] IN WITNESS WHEREOF, the Parties ha ~e executed this Amendment effective as of March 10, 2006. Santa Clara Valley Water District: By: City of Name: Title: Date: County of Santa Clara: By: Name: Title: Date: By: Name: Title: Date: Apipendix 1 Agreement Providing For Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program as fully executed as of March 10, 2000 Appendix 2 ~- First Amendment to Agreement Providing For Implementation of the Santa Clara Valley Urban Runoff Pollution. Prevention Program as fully executed as of March 10, 2005 IN WITNESS THEREOF, the Parties have executed this Amendment Effective as of March 10, 2006. Santa Clara Valley Water District: By: Name: Title: Date: County of Santa Clara: By: Name: Title: Date: Town of Los Gatos: By: Date: Approved as to Form By: Date: Attest By: Date: Debra J. Figone, Town Manager Orry Korb,. Town Attorney Marlyn J. Rasmussen, Clerk Administrator 4 i AGREEMENT PROVIDING FOR IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM THIS AGREEMENT, is made and entered into this 1999 by and between the SANTA CLARA VALLEY WATER DISTRICT (DISTRICT), a local public agency of the State of California; COUNTY OF SANTA CLARA, a political subdivision of the State of California; CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY pF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California;. CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a municipal corporation of the State of California.; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA,. a municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California;.and CITY OF SUNNYVALE, a municipal corporation of the State of California.. All of the above-mentioned entities are hereinafter collectively referred to as "PARTIES" or individually as "PARTY." RECITALS: A. The 1986 Water Quality Cohtrol Plan for the San Francisco Bay (Basin. Plan), adopted by the California Regional Water Quality Control Board, San Francisco Bay Region, in implementation of the Federal Clean Water Act, required that PARTIES develop a program to control pollution from urban runoff, or nonpoint sources of water pollution in the Santa Clara. Valley. B. In furtherance of their responsibilities .pursuant to the Basin Plan, the PARTIES have previously entered into a series of agreements to jointly fund the cost of preparing an action plan to evaluate nonpoint source pollutants, monitor identified pollutants, and develop control measures to mitigate or reduce nonpoint source pollution. Collectively, the measures undertaken pursuant to the previous agreements and anticipated to continue pursuant to this Agreement, were known as the Santa Clara Valley Nonpoint Source Pollution Control Program and upon execution of this agreement henceforth shall be known as the Santa Clara Valley Urban Runoff Pollution Prevention Program (hereinafter called "Program"). C. In 1987 Congress added Section 402 (p) to the Federal Clean Water Act (CWA) (33 U.S.C. Section 1342 (p)), which requires certain municipalities and industrial facilities to obtain a National Pollutant Discharge Elimination System (NPDES) permit for the 76075_4 MOA JRG:MGD 10/19/99 ,1 APPEPdDIX 1 SCVURPPP MEMG, .,-~NDUM OF AGREEMENT Page 2 of 73 discharge of stormwater to navigable waters. NPDES permits are also required under Section 402 (p) for any stormwater discharge which the Federal Environmental Protection Agency (EPA) or a State has determined contributes to a violation of a water quality standard or is a significant contributor of pollutants to surface waters. D. Section 402 (p) further required EPA to promulgate regulations for initial NPDES permit applications for stormwater discharges. The EPA promulgated such regulations in November 1990. E. The EPA has delegated authority to the California State Water Resources Control Board (SWRCB) to administer the NPDES permit process within California and, in turn, the SWRCB has delegated authority to the California Regional Water Quality Control Board -San Francisco Bay Region (RWQCB-SFBR) to administer the NPDES permit process within its region. F. Pursuant to Section 402 (p) of the CWA and EPA regulations, the RWQCB-SFBR adopted the following orders further defining the program that the PARTIES are to develop and implement: 1. Order No. 90-094 (NPDES Permit No and 2. Order No 95-180 (NPDES Permit. No. CA0029718), adopted June 20,1990; CAS029718); adopted August 23, 1995. G. In and for the mutual interest of the PARTIES, the PARTIES wish to continue the Program by entering into this Agreement for the purpose of ensuring continued participation, in terms of cost and administrative responsibilities. H. DISTRICT is a local public agency of the State of California duly organized and existing within the County of Santa Clara. The County of Santa Clara is a political subdivision of the State of California. All. other PARTIES are municipal corporations,. duly organized and existing under the laws of the State of California. The RWQCB-SFBR is conducting a Watershed Management Initiative (WMI) in Santa Clara County. The Program is required, as part. of its NPDES permit, to develop and implement a Watershed. Management Measures Strategy. The Urban Runoff Management Plan of the Program contains the Program's Watershed Management Measures Strategy. This strategy, consistent with the NPDES permit, coordinates Program activities with the WMI to develop and implement cost-effective approaches to address specific urban runoff pollution problems. The Program, through a continuous improvement process, annually reviews the strategy, 76075 4 MOA JRG:MGD 1.0/19!99 ~I SCVURPPP MEMG sNDUM OF AGREEMENT Page 3 of 13 NOW, THEREFORE, THE PARTIESJHERETO FURTHER AGREE, AS FOLLOWS: Sect_ i~ on 1, Santa Clara Valle Urban Runoff Pollution Prevention Pro ram 1.01 The Santa Clara Valley Nonpoint Source Pollution Control Program ("Program") is hereby continued as the Santa. Clara Valley Urban Runoff Pollution Prevention Program to fulfill the requirements of NPDES Permit No. CAS029718 as it exists, may be modified, or may be reissued in the future (hereinafter referred to as "NPDES Permit"). 1.02 The Program is a collective effort and implementation of area-wide activities, designed to benefit all PARTIES. Sect_ ion 2. Management Committee 2.01 A Management Committee is hereby reconstituted to provide for overall Program coordination, review,. and budget oversight, with respect to the NPDES Permit. 2.02 The Management. Committee may as necessary adopt and revise Bylaws for its governance. 2.03 The Management Committee is the official management and oversight body of the Program. The Management Committee shall direct and guide the Program and review and approve the Program Budget. The Management Committee shall consider permit compliance, including benefit to a majority of the PARTIES, as a primary objective in approving Program tasks and corresponding budgets. 2.04 The Management Committee may periodically re-evaluate and make recommendations to the PARTIES concerning reallocation of the proportion of the annual Program contribution that each PARTY shall pay. 2.05 The voting membership of the Management Committee shall consist of one designated voting representative from each PARTY. An alternative voting representative may be appointed by each PARTY. The RWQCB- SFBR may appoint anon -voting representative and alternate to the Management Committee. 2.06 A quorum of the Management Committee shall be achieved when at least nine (9) voting representatives, including at least. one (1) representative from each of City of San Jose and Santa Clara Valley Water District, are present at any Management Committee meeting. 2.07 Meetings of the Management Committee, including any closed sessions with Program Legal Counsel, shall be conducted in accordance with the "Brown Act" 76075_4 MOA JRG:MGD 10/19/99 SCVURPPP MEMO ~NDUM OF AGREEMENT Page 4 of 13 (Government Code Section 5950 et seq.) The individual parties have differing opinions on whether the Browft Act legally should be interpreted as applying to members of the Management Committee, In executing this Agreement, the parties do not waive their right to take the position that the Brown Act legally does not apply, but voluntarily agree to follow Brown Act procedures for Management Committee meetings. Except for official meetings of the Management Committee, nothing herein shall be interpreted to require meetings. between staff members of the individual Parties (including designated representatives of the Parties) to be subject. to the Brown Act, where the Brown Act would not otherwise apply. Each party is individually responsible for ensuring that it complies with the Brown Act. 2.08 The affirmative vote of at least eight (8) voting members of the Management Committee, which collectively contribute at least fifty percent (50%) of the area-wide Program costs (a "Majority Vote"), is necessary to approve any measure brought before the Management Committee. 2.09 The Management Committee. shall be responsible for selecting any consultant(s) or contractor(s) who are to be paid from Program funds ("Outside Contractors"), using a process approved by the Contracting Agent, and for reviewing and approving any contracts with Outside Contractors, including the scope(s) of work, schedules of performance, use of subcontractors, and compensation for such Outside Contractors. 2.10 The Management Committee shall select a PARTY or Outside Contractor to act as Program Manager for the Program. The Program Manager shall be responsible for Program management and administration, Permit management, and technical program management all in accordance with.the NPDES Permit, this Agreement, Program Bylaws, and as directed by the Management Committee in the best. interest of the PARTIES as a whole and individually. The Program Manager shall be .paid, from Program funds in accordance with the adopted Program budget, for providing the services described hereunder. The Program Manager shall not be responsible for providing program management services related to individual PARTIES permit programs, but may provide such services under separate contract with any PARTY or PARTIES. 2.11 The Management Committee may select an attorney (Program Attorney) or firm that is experienced with the Clean Water Act and Municipal Stormwater NPDES Permits to provide legal advice to the Management Committee on all matters involving administration of the Program's NPDES permit and such other matters upon which the Management Committee may seek legal advice or request legal representation. Program Legal Counsel shall not be responsible for providing legal advice. related to permit compliance to individual PARTIES, but may provide such services under separate contract with any PARTY or PARTIES. The Program Manager may 76075_4 MOA JRG:MGD 1.0/19/99 SCVURPPP MEMO ,ANDUM OF AGREEMENT Page 5 of 73 assist in coordination of activii;~es with the Program Attorney but shall not give direction without prior authon~ation from the Management Committee. 2.12 The Management Committee shall establish timelines and budgets for completion of Program tasks, The Management Committee shall rate the performance of the Program, and in turn rate the performance of the Program Manager, based upon the Program's ability to meet such approved timelines and budgets. 2.13 The Management Committee,. through its Bylaws, may establish procedures for tracking, accounting. for; .and auditing the Program Fund. Section 3. Pro. rq am Budget 3.01 A collective. budget for the Program (Program Budget) shall be based upon a projection of two consecutive fiscal year cycles, however, the Budget shall be adopted for only one fiscal year cycle. The Budget shall include a Contingency/Reserve Fund which shall not exceed ten percent (10%) of the operating costs of the adopted Budget. 3.02 The PARTIES shall each pay a yearly assessment into a fund. established for Program operations for their assigned portion of the Program Budget. The proportionate share of the Program Budget that each PARTY shall pay is shown in the schedule marked Exhibit A hereto and incorporated by reference herein. 3,03 Except as provided in Section 6.03, the ending fund balance at the close of each fiscal year shall be disbursed annually to the PARTIES, or credited to the PARTIES' share of the next fiscal year's costs, in accordance with the PARTIES defined participation rates, as requested by each PARTY. Section 4. Contracting/ Fiscal Agent 4.01 DISTRICT shall serve as the initial Contracting/Fiscal Agent for the Program. 4.02 DISTRICT may withdraw as the Contracting Fiscal Agent upon the provision of ninety days (90) days written notice to the Management Committee. 4.03 In the event that the Contracting/Fiscal Agent withdraws from the Program or from providing. Contracting/Fiscal Agent services to the Program, another PARTY may serve as a successor Contracting/Fiscal Agent. Any PARTY willing to serve as successor Contracting/Fiscal Agent may be nominated by another PARTY. Selection of a Contracting/Fiscal Agent. must be by majority vote of the Management Committee. 76075 4 MOA JRG:MGD 10/19/99 Appendix A SCVURPPP MEMORANDUM OF AGREEMENT Page 6 of 73 4.04 The Contracting/Fiscal Agent shall act in a reasonable amount of time to execute contracts with Outside Contractors, including the Program Manager, which have been requested and approved by the Management Committee. 4.05 The Contracting/Fiscal Agent shall be the treasurer of Program funds. The Contracting/Fiscal Agent, in accordance with generally accepted accounting procedures, shall keep the Program funds segregated from any other funds administered by the Contracting/Fiscal Agent; shall credit the Program with appropriate interest income earned on Program funds in each fiscal year; and shall not expend any funds except in accordance with the annual budget approved by the Management Committee or as otherwise directed by the Management Committee. 4.06 The Contracting/Fiscal Agent shall provide a copy of any contract executed on behalf of the Program to any PARTY or person designated by any PARTY or the Management Committee upon request. The governing body of the ContractinglFiscal Agent, at its discretion, may delegate authority to execute agreements and contracts approved by the Management Committee, to a designated employee. Notice of any such delegation of authority shall be provided to the Management Committee. 4.07 The Contracting/Fiscal Agent may request, as part of the annual Program Budget, reimbursement for reasonable and customary costs incurred in providing the services described hereunder. Reimbursement to the Contracting/Fiscal Agent shall be subject to Management Committee review and approval as part of the Program Budget. Section 5. Ancillary Rights and Duties of the Parties 5.01 !n addition to the participation in the Management Committee, the PARTIES accept and agree to perform the following duties: 1. Each will comply with the NPDES Permit conditions set forth in its Community-Specific plan; 2. Each will participate in Management Committee meetings and other required meetings of the PARTIES; 3. Each will implement its Community-Specific program; 4. Each will provide certain agreed upon reports to the Program for purposes of reporting,. on a joint basis, compliance with applicable provisions of the NPDES Permit and the status of Program 76075 4 MOA JRG:MGD 10/19/99 SCVURPPP MEMOR~,dDUM OF AGREEMENT Page 7 of 13 implementation; and 5. Each will individually address inter-agency issues, agreements or other cooperative efforts. 5.02 This Agreement does not restrict the PARTIES from the ability to individually (or collectively) request NPDES Permit modifications andlor initiate NPDES Permit appeals for permit provisions to the extent that a provision affects an individual party (or group of PARTIES); however, any such. PARTY (or PARTIES) shall'. make reasonable efforts to provide advance notice of their action to the other PARTIES and allow them to comment upon or join in their action before proceeding. Section 6. Term of Agreement 6.01 The term of this Agreement shall commence on the date the last duly authorized representative of the PARTIES executes it. 6.02 This Agreement shall have a term of five (5) years. 6..03 Any PARTY may terminate its participation in this Agreement by giving the Chair of the Management Committee at least thirty (30) day written notice. The terminating PARTY will bear the full responsibility for its compliance with the NPDES Permit commencing. on the date it terminates its participation, including .its compliance with both Community-Specific and Program-wide responsibilities. Unless the termination is scheduled to be effective at the close of the fiscal year in which the notice is given, termination shall constitute forfeiture of all of the terminating PARTY's share of the Program Budget, for the fiscal year in which the termination occurred (both paid and obligated but unpaid amounts). In addition, unless notice of termination is provided at least ninety (90) days prior to the date established by the Management Committee for approval of the budget for the succeeding. fiscal year, termination shall constitute forfeiture of all of the terminating PARTY's share of any unexpended, unencumbered funds remaining from all previous fiscal years. The cost allocations for the remaining PARTIES' may be recalculated for the following fiscal year by the PARTIES without the withdrawing PARTY's participation. Section 7. General Lepal Provisions 7.01. This Agreement supersedes any prior agreement among all the PARTIES regarding the Program, but does not supersede any other agreements between any of the PARTIES. 7.02 This Agreement may be amended by unanimous written agreement of the PARTIES. All PARTIES agree to bring any proposed amendment to this Agreement to their Council or Board, as applicable, within three (3) months following acceptance by the Management Committee. 76075_4 MOA JRG:MGD 10/19/99 SCVURPPP MEMG, ..,NDUM OF AGREEMENT Page 8 of 13 j 7.03 This Agreement ma'y, be executed and. delivered in any number of copies ("counterpart") by the PARTIES, including by means of facsimile. When each PARTY has signed and delivered at least one counterpart to the Program, each counterpart shall be deemed an original and, taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the PARTIES hereto. 7.04 No PARTY shall, by entering into this Agreement, participating in the Management Committee, or agreeing to serve as Fiscal Agent, Contracting Agent, Program Manager, and/or Legal Counsel, assume or be deemed to assume responsibility for any other PARTY in complying with the requirements of the NPDES Permit. This Agreement is intended solely for the convenience and benefit of the PARTIES hereto and shall not be deemed to be for the benefit of any third. party and may not be enforced by any third party, including, but not limited to, the EPA, the SWRCB, and the RWQCB-SFBR, or any person acting on their behalf or in their stead. 7.05 In lieu of and notwithstanding. the pro rata risk allocation which might otherwise be imposed between the PARTIES pursuant to Government Code Section 895.6, the PARTIES agree that all losses. or liabilities incurred' by a PARTY shall not be shared pro rata but instead the PARTIES agree that pursuant to the Government Code Seotion 895.4, each of the PARTIES hereto. shall fully defend, indemnify and hold harmless each of the other PARTIES from any claim, expense or cost, damage.. or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts of omissions or willful misconduct of the indemnifying PARTY, its officers agents or employees, under or in connection with or arising from any work, authority or jurisdictions delegated to such PARTY under this Agreement, including but not limited to any non-compliance by a PARTY with its obligations under the Program NPDES Permit. No PARTY, nor any officer, board member, employee or agent thereof shall be responsible for any damage~or liability incurred by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents under or in connection with or arising from any work, authority or jurisdictions delegated to such PARTY under this Agreement, including but not limited to any non-compliance by a PARTY with its obligations under the Program NPDES Permit. 7.06 In the event that suit shall be brought by either party to this contract, the Parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or where otherwise appropriate,. exclusively in the United States District Court, Northern District of California, San Jose, California. /// 76075_4 MOA JRG;MGD 10/19/99 SCVURPPP MEMORANDUM OF AGREEMENT Page 9 of 13 IN WITNESS WHEREOF, the PANES hereto have executed this Agreement as of the dates shown below. SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of California Date: APPROVED AS TO FORM: By; Chair, Board of Directors By: General Manager By; General Counsel ATTEST: Date: By: COUNTY OF SANTA CLARA, a public entity of the State. of California Date:__` ~ APPROVED AS TO FORM: By: Chair, Board of Supervisors By: Deputy County Counsel ATTEST: Date: 8y: CITY OF (''AMPRFT.7 Date:. .12/7/99 By: ~ ~l~'r"L~ Name : R„~1eY,. --.....-_~-~-K.~,s-s Tltle;_p~~hl ; r Alnrkc Tl; rA~+-Or APPROVED AS TO FORM: BY~ _ ~~~/~/~ Name : William R. SeliQmann Tltie: City Attorney 76075_4 MOA JRG:MGD 10/19/9 SCVURPPP MEMORANDUM OF AGREEMENT Page 9 of 13 IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below. Sr~~lTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of California Date; APPROVED AS TO FORM: By: Chair, Board of Directors By: General ivlanager By: General Counsel ATTEST: Date: By: COUNTY OF SAi~1TA CLARA, a public entity of the State of California Date: APPROVED AS TO FORM: By: Chair, Boazd of Supervisors By: Deputy County Counsel ATTEST: Date: By: CITY OF CUPERTINO APPRO D ~S TO FOR)VI• gy; G~/' ame : Charles Kilian Title: City Attorney JRG:MGD 10/19/99 Date: ~l- ~ 1 ' ~ ~ . i ame: John. Statton Title: Vice Mayor, City of Cupertino runoff agreement SCVURPPP MEMORANDUM OF AGREEMENT Page 9 of 13 IN WITNESS NlHEREOF, the PARTt,~S hereto have executed this Agreement as of the dates shown below. SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of California Date: APPROVED AS TO FORM: By; Chair, Board of Directors By; General Manager By: General Counsel ATTEST: Date: By: COUNTY OF SANTA CLARA, a public entity of the State of California Date: ~ APPROVED AS TO FORM: By: Chair, Board of Supervisors By: Deputy County Counsel ATTEST:. Date: By: CITY OF LOS ALTOS Date: ~ o ember 22 1 Name: Philip E. Rose Title: Citv Manaoer APPROVED AS TO FORM: Name: Robert K. Booth Title: City Attorney MOA.doc JRG:MGO 10/19/99 SCVURPPP ME~L~,,RANDUM OF AGREEMENT Page 9 of 13 IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below. SANTA Cl_ARA VALLEY WATER DISTRICT, a body corporate and politic of the State of California Date: By: Chair, Board of Directors By: General Manager APPROVED AS TO FORM: By: General Counsel ATTEST: Date: By: COUNTY OF SANTA CLARA, a public entity of the State of Califomia Date: ~~ APPROVED AS TO FORM: By: Chair, Board of Supervisors. CITY OF LAS Altos Hills Date: 1/6/00 By: I Name : Mark Miller Title: City Manager By: _ Deputy County Counsel ATTEST: Date: By: APP OVED ASS TO F RM: By: - ~,1 ~b~,~.-~ Name : and Sloan Title: City Attorney 76075 4 MOA JRG;MGD 10/19/99 SCVURPPP MEMOKANDUM OF AGREEMENT CITY OF CAMPBELL Date; APPROVED AS TO FORM:. By: Name ; Title: By: Name: Title: Page t0 cf t3 TOWN OF LOS GATOS Date: lZ, Z..4`~ B , I VlJ ~ ~ Y• Z Name : ,A, ~ ,~ ~,o Title:-_ 1 ,-~,.. ,L~d,,...~.t, o.,~ APPROVED AS TO FORM: Nam ~ ~aed - . , Title: , i~ti~~,t„~~- -*``AKIAN U. CC,SGRC~: ATTC~r. ' .. ~ I ~ ~ ~~ -- ~~~ i CITY OF ,MONTE SERENO Date: APPROVED AS TO FORM: By: Name: Title: By: Name: Title: CITY OF _SARATOGA Date: APPROVED AS TO FORM: By: Name Title: MOAfinal By: Name: Title: JRG:MGD 10/19/99 -s. COUNTY OF SANTA CLAR,:~, a public zatity of the State oFCalifornia Date: By; Chair, Board of Supervisors APPROVED AS TO FOR~L By: Deputy County Course( ATTEST: Date: By: CITY OF Milpitas Date: Bv: .:manna C'at, T ~nn Acting C~ ty Manacrer CITY OF Date: APPROVED AS TO FOR;~t: By: G~Z`~.~? N e ; ~ L~ h : v~ ll Title: ~ ~~ APPROVED AS TO FORM: By: Name: Title: By: Name Title: CITY OF Date: APPROVED AS TO FOR~~L Bv: Name: Title; B y: Name: Title: SCVURPPP MEMO INDUM OF AGREEMENT CITY OF CAMPBELL Date; By; Name; Title: TOWN OF LOS GATOS Date: By: Name: Title: CITY OF ,_MONTE SERENO Date: December 7, 1999 By: Name . Jack Lu as Title: Mayor CITY OF _SARATOGA Date: By: Name: Title: MOAfinal APPROVED AS TO FORM: By: Name: Title: APPROVED AS TO FORM: Page f 0 or 13 By: Name: Title: APPROVED AS TO FORM: By: j~jlr;~t,t..,... N ~ obert Logan Title: City Attorney APPROVED AS TO FOR~1/1: By: Name: Title: JRG:MGD 10/19/99 JRG:MJD 10/19/99 IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below. SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of California Date: APPROVED AS TO FORM: By; gy: Chair, Board of Directors General Counsel ATTEST: BY~ Date: General Manager By: COUNTY OF SANTA CLARA , a public entity of the State of Califomia ~ . Date; APPROVED AS TO FORM: By: By. Cfiair, Board of Supervisors Deputy County Counsel ATTEST: Date: By: CITY OF l~ov~,~a,h U~ew Date: APPROVED AS TO FORM: G By: By, Name : Name Title: Titie: CITY OF ~6o~s a.aoo 10 SCVURPPP MEMORANDUM OF AGREEMENT Page9of13 IN WITNESS WHEREOF, the PARII,ES hereto have executed this A re dates shown below. g ement as of the SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of California Date: APPROVED AS TO FORM: By: Chair, Board of Directors By: General Manager By: General Counsel ATTEST: Date: By: COUNTY OF SANTA CLARA, a public entity of the State of California Date: ~ APPROVED AS TO FORM: By: Chair, Board of Supervisors CITY OF~ ~ /o /~ /fo Date: /~ = ~ " =--~: '-, Name- :~,;, '"~' ~. ~:r.--;:~~, Title: ;~,; i ~~ ,`~ By: Deputy County Counsel ATTEST: Date: By: APPROVED AS TO FORM: Name : ~ s0.h , C a s~ Title: 53..'1 ~'or A-ss-t, ~~. f~'f'-1-o rn ear MOA 10-28-99.doc JRG:MGD 10/19/99 SCVURPPP ME;uORANDUM OF AGREEMENT a~ CITY OF Dater APPROVED AS TO FORM: By: Name; Title: CITY OF _SANTA CIARA Date: November 30, 1999 By: - me ; Jennifer Sparacino __.. ' le: Cit-y=~?r ATTEST: Imo, ~~ty C e~rk Date: By: Name: Title: CITY OF Date:. By: Name: Title: NPS Model MOA 1999 By: Name: Title: APPROVED AS TO FORM: Page 12 of 13 By: ~..~ K-4 Name: ~~~Na CZA ~R~ Title: ~t Pv-I`r CT7ti A7 ~ n ,~:- y APPROVED AS TO FORM: By: Name: Title: APPROVED AS TO FORM: By: Name: Title: JRG:MGD 10/19/99 SCVURPPP MEMORANDUM OF AGREEMENT Page 12 of 13 -- CITY OF Date; APPROVED AS TO FORM: By: - Name: Title; By: Name: Title; CITY OF 5~ ~~ i C6{~ Date:_~~~1crr_ fj~~ ~ l ~l ~1 i By: -` - Name : l ~ r:,~C;.; ~l Title;~ITY M A,t/g6r"~ APPROVED AS TO FORM: gy. _ ~-'----~ Name ;_~ ; ~,,~~ i ~:~, lc~ Title: L ~ ~•r l~ ~--1-c,~ n ~,y CITY OF Date: APPROVED AS TO FORM: By: Name: Title: By: Name: Title: CITY pF Date: APPROVED AS TO FORM: By: Name: Title: 76075_4 MOA By: Name: Title:. JRG:MGO 10/19/99 SCVURPPP MEMVRANDUM OF AGREEMENT Page 13 of 13 EXHIBIT A SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM SCHEDULE OF COST-SHARING PROPORTIONS Jurisdiction Proportional Share Campbell 1.88% Cupertino 2.46% Los Altos 1.59% Los Altos Hills 0.43% Los Gatos 1.74% Milpitas 2,75% Monte Sereno 0.14% Mountain View 3.91 Palo Alto 4.06% Santa Clara 6.23% Saratoga 1.59% Sunnyvale 7,25% Santa Clara County 5.94% Subtotal 39,97% San Jose 30.01 District 30.02% TOTAL 100.00% 76075 4 MOA JRG:MGD 10/19/99 SCVURPPP MEMORANDUM OF AGREENfENT Page 9 of i3 IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below. SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of California Date: APPROVED AS TO FORM: By: Chair, Board of Directors By; General Manager By: General Counsel ATTEST: Date: By: COUNTY OF SANTA CLARA, a public entity of the State of California Date: APPROVED AS TO FORM: By: Chair, Board of Supervisors By: Deputy County Counsel ATTEST: Date: By: CITY OF Sunnyvale Date: Name : obert LaSala Title: City Mana er APPROVED AS TO FORM: -, ~ -~ Name : Valerie J . Armento Title:_City Attorney 76075 4 MOA.doc JRG:MGD 10/19!99 SCVURPPP MEMORANDUM OF AGREEMENT Page 9 of 13 IN WITNESS WHEREOF, the PARTIES hereto have executed ' dates shown below. this Agreement as of the SANTA CLARA VALLEY WATER DISTRLCT, a body corporate and politic of the State of California Date: APPROVED AS TO FORM: By: Chair, Board of Directors By: General Manager By: General Counsel ATTEST: Date: By: COUNTY OF SANTA CLARA, a public entity of the State of C I'f Date; DEC 14 1999 By: Chair, Board of Superviso CITY OF Date; By: . Name : Title: a i omia APPROVED AS TO FORM• By: ~, -4- Deputy Coun Counsel ~ ATTEST: Date: DEC 14 1999 By: ~ Q, ~. Pty lis A. Perez, Clerk d' Board of SupeNisor3 APPROVED AS TO FORM: By: Name : Title: F~~~ ~ .~. SCVURPPP MEM..,4ANDUM OF AGREEMENT Page 9 of 13 IN WITNESS WHEREOF,. the PARTIES hereto have executed this Agreement as of the dates shown below. , SANTA CLARA VALLEY WATEF DISTRICT, a body corporate and politic of the State of California .Date; DEC 2 1 1999 By: , Chai , o of Directors APPROVED AS TO FORM: By: General unsel By General n ger ATTEST: Date: By COUNTY OF SANTA CLARA, a public entity of the State of California Date: By: Chair, Board of Supervisors CITYOF Dater By: Name: Title: 76075 4 MOA APPROVED AS TO FORM: By: Deputy County Counsel ATTEST: Date: By: APPROVED AS TO FORM: By: Name: Title: E d GZBZ-99Z(80b) aot .f .f0 s~ ~1~ai0 Q(~hOS JRG:MGD 1.0/19/99 d6E~E0 66 TZ oaQ JRG:MJD 3/5/00 IN WITNESS WHEREOF, the PARTIF~S hereto have executed this Agreement as of the dates shown below. SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of California Date: APPROVED AS TO FORM: By: Chair, Board of Directors By: General Manager By: General Counsel ATTEST: Date: By: COUNTY OF SANTA CLARA, a public entity of the State of California Date: APPROVED AS TO FORM: By: Chair, Board of Supervisors By: Deputy County Counsel ATTEST: Date: By: CITY OF SAN JOSE Date: 3'/~' ~ Bv: CCU ~ , N,~me: Jenn4fer A. aguii•e Title: Assistant to the City Manager APPROVED AS TO FORM: By: ~ Name: Mollie. .Dent Title: Senior Deputy City Attorney 76075_4 10 ' ~ FIRST AMENDMENT TO AGREEMENT PROVIDING FOR IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM This first amendment to Agreement providing for implementation of the Santa Ciara Valley Urban Runoff Pollution Prevention Program (THE "Amendment") is entered. into by and between the SANTA CLARA VALLEY WATER DISTRICT, a local public agency of the State of California ("District"); CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF,CUPERTINO, a municipal corporation of the State of California; CITY OF LOS ALTOS, a municipal. corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN O,F LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of Califomia; CITY OF MOUNTAIN VIEW,. a municipal corporation of the State of California; CITY OF PALO ALTO, a municipal corporation of the State of California; CITY OF SARATOGA, a municipal .corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a municipal corporation of the State of California; CITY OF SUNNYVALE, a municipal. corporation of the State of Califomia; and COUNTY OF SANTA CLARA, a municipal corporation of the State of California. All of the above mentioned entities are hereinafter collectively referred to as "Parties" or individually as "Party." RECITALS A. The Parties previously entered into that certain Agreement Providing For Implementation of the Santa Clara Valiey Urban Runoff Pollution Prevention Program (the "Agreement" or "MOA") pursuant to which the Parties established certain terms and conditions relating. to the implementation and oversight of the Santa Ciara Valley Urban Runoff Pollution Prevention Program (the "Program"). A copy of the agreement is attached hereto as Appendix A. Unless otherwise set forth herein, all terms shall have the meaning set forth in the Agreement; B. The Agreement provided for afive-year term, which, based on its execution, is currently set to conclude on or about March 10, 2005; C. The Parties expect to utilize the Program to submit a reapplication for the NPDES Permit in early 2005 and to otherwise address a variety of matters related to assisting the Parties in effectuating. compliance with the Permit after March 10, 2005; D. The Parties therefore desire to extend'the term of the MOA as set forth below; E. Section 7.02 of the MOA provides that it may be amended by the unanimous written agreement of the Parties and that all Parties agree to bring any proposed amendments to their Council or Board, as applicable, within three (3) months following acceptance by the Management Committee; and Appendix ii NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE AS FOLLOWS: Section 6. Section 6.02 of the Agreement is hereby amended as follows: 6.02.01 This Agreement shall continue in full force and effect for an additional one year beyond its original. termination date of March 10, 2005, unless otherwise terminated by the Parties in accordance with Section 6:03. .Section 2. Section 2.04 of the Agreement is hereby amended as follows: 2.04.01 The Program shall conduct an independent review by December 31, 2005 to evaluate the MOA's cost allocation formula and evaluate the term, scope and cost of the Program MOA. r IN WITNESS WHEREOF, The Parties have executed this Amendment effective as of March 10, 2005. Santa Clara Va/ley lNater District By; Name: ~ ~; . c' fir. Title: G ~r/ Date: O i 3 ~, n + ~ F.w ..sz~: a ,h`i).`.~ .>x..~t r° ~.~~t ~ ~~ f :, y i - r' ~'J .~ at r~ f > 3 ~ ~ i% ". .. ~i.'~ t,.f "~ s.. PJ~_~.~. yf~.s4.~. p~~ .. .....,..t.nLt.i.. f.v. ~ ..,{ ~ D::jt4A ~.._ ui3,,.x.~~. ,Jx '' ~~sJ'A'Z1 .?a G: ~ ` i` [: a 'a, ~' Kri•:.,7, ~ t f. 1-iCiL,L r,.~.ec.srl~'~1 u.t. .~u" .u• ':u.Gw.,: f1t~i~ .W~ ri3•:` ~w r IN WITNE55 WHEREOF, The Parties have executed this Amendment effective as of March 10, 2005, Santa. Clara Valley Water DIslrlct By: ' Name: ,~ a ,~,~^ Title: C f.~C~ Date: _ ~/~~4S County of Santa Clara; By: Name: Title: Date: City of CarapbeLl gy; Name: Title: Robert Kass Intezim City Manager Date: 3~a~oS ~~ 3 NOW, THEREFORE, THE RARTIES HERETO FURTHER AGREE AS FOLLOWS: Section 6, Section 6.02 of the Agreement is hereby amended as follows; 6,02.01 This Agreement shall continue in full force and effect for an additional one year beyond Its original termination date of March 10, 2005, unless otherwise terminated by the Parties in accordance with Section 6.03. Section 2. Section 2.04 of the Agreement is hereby amended as follows: 2.04.01 The Program shall conduct an independent review by December 31, 2005 to evaluate the MOA's cost. allocation formula and evaluate the term, scope. and cast of the Program MOA. IN WITNESS WI~EREOF, The Parties have executed this Amendment effective as of March 10, 2005. Sanfa Clara Valley Water Disfr)cfi By: Name: Title: Date: County of Sanfa Clara; Sy: Name; Title: Date: City of Cupertino: ~y: Name: .~ ~ J~ t ~~ ~° > Title: ~~. °~ Dale: ~ L ~ 2 IN WITNESS WHEREOF, the P;~reies ha~•e executed this :\menclmcnt cffecu~•c a, <~f (~i;~rch lb, 3UQ~. S:1ntL CIaxa Valley WaterDrstrrct.• 13}•: I~amc: 1'itlc: . . I)atc: Catrtlty ofSantt Clara: 13~•: . ~. I~ame• _, Date: ' ofLos Altvs : Bt•: City _ (.- . / I~iatne: Philip r. Rose ~/ '1'itlc: Cin• ~(ana~;er Date: r IN WITNESS WHEREOF, The Parties have executed this Amendment effective as of March 10, 2005. Santa Clara Valley Water Distrlcf: By: Name: Title; Date: County of Santa Clara: By. Name; Title; Date: Town of Los Altos HllIS: By: Name Title; Date: .\ ~, '. (.Gc. ^ Maureen Cassingham City Manager ~ GfiYl.Gt ~ ~~~~ `J~ 3 IN WR'NESS WHER1rC?F,.The Parties have executed this Amendment effective as of March ir), 2005. Samar Cars V~Jley Water District: By: Name; Title: Date: County of Sanfa Clara: By: Name: Title: Date: Town of Los Gates: By: Debra ~' rg Manager Date: ~ ~ d~~ Approved as to J=orr-r By.' - orb, Town Athomey Date: ' ~ ' ©~ Attest Byr Marl J. an, lark AdmMfstrator Date; ,~... ~ v~-- 3 NOSY, THI?REFORE, THE PARTIES HERETO FURTILE;R AGREE AS F(.)LLnWS: Section 6. '' Scction 5.(}2 of the Agreement is hereby amended as follows: 6.O2 This Agreement shall continue in full force and effect for an additional one year beyond its original termination date of March 10, 2005, unless otherwise terminated by the Parties in accordance with Section 6.03. Section 2. Scction 2.(}4 of the Agreement is hereby amended as follows: 2.04 The Program shall conduct an independent review by December 31, 215 to evaluate the MOA's cost allocation formula and evaluate the term, scope and cost of the Program MOA. IN WITAI•JS.S WIIEREOF, The Parties have executed this Amendment as of March 10,.200.5. Santa Clara Valley Water District: By; Name: Title: Date: Cortr:ry of Su~iia G'lara: By: City of ~IILPITAS ~AT1; .3,`~ n~~.~e~5~ -~` ~ _ ~f.:_..__ G1TY AT?ORNHY Name: Title: ~, Date: >3y: hame~ Tiller Acting City Ma.nac;er Date: 2 IN WITNESS WHEREQF, The Parties have executed this Amendment effective as of March 10, 2005, Santa Clara Valley Wafer District. By: Name: Title; Date: County of Santa Clara: ay: Name: Title; Date: City of (I Ja1T °~ ~~O ,~: By: ' Name: rti~ca.~ [ c.~P r~„~ ' ~ ~1 0 Title: _~ I r /a~a~7 . f"~ Date: ~~_S 3 ;~ Itr i'~'17'y)-~SS ii'HFRk:nf~,'f'hc Parties ha~~c executedthis :~nt~ndnront uf'fcrti~~c as uf' Mtu-ch Z 0, 2f1U5. ,Santa Clarrr I'allep lI'ater ni.ctric7: ]3y; _ yatne: ~'itle: Date: Coruriy~ of Sarrta Clara;. Ay; _ _ Name: Title: Date. T ~4 .. City oj'Mauntai~r Y'iew: 43y: Name: Kevin Du pan ' 'title: City Manager, _ Date: l'~lj?~t ~ , ~Db,S 3 IN WITNESS WHEREOF, The. Parties have executed this Amendment effective as of March 10, 20b5. a~ Santa Clara Valley-Wafer District: By: Name: Title; Date: County of Santa CJara; By; Name; Title: Date: City of Palo Alto 8y: __ •~l,~a~ Name: ~~,m Burch Title: Mayor Date: Match l0 , 2005 3 ,~ IN WITNESS WHEREOF, The Parties have executed this Amendment effective as of March 10, 2005. Santa Clara Valley Water District; By; Name: Title; Date: County of Santa Clara: fay; Name: Tltle: Date: City of Saratoga: fly: ~-~-~~ ~~ Name: Qave Anderson ~~ Title: City Manager Date: ~"~ t~ 7 ' ~'~ A1'TF.ST: f City Clerk ~ ''~\ ~ _ 3 IN WITNESS WHE~E~F, the Parties have executed this ,Amendment effective as of March 10, aaos. Santa Clara Valley ~T'ater District: By: Name: Title: Date: County of Santa. Clara: By: Name; Title: Uate: City of San Juse: Ry: _ , , , , .. __.,-_ - , -, Name: DETER 1E ~ __. _._.. , ,.'r~~?[~~ ._. ASSISTANT TO i'HE GIN MANAGF~t N.,... ~ .. . ';` . _ .., .~ Title: ---~- Date: ~- ~ a o r 3 r IN WITNESS WHEREOF, The Parties have executed this Amendment effective as of March 10, 2005, Santa Clara Valley Wafer D1strlct; By: Name; Tille: Date: Counfy of Santa Clara: By: Name: Title: Date: Name; ~ ~ ~~~`~r S a~a r> Title: Gi ?~W~~ 111'Y~~ V'tG 4 2, r" Date: !~ 0.f'C..Yt ~. aT D 4~J~" r-. P V~D AS T'O f~, + .~t~i r!= 'r; R D D. PFEIF ~ f.~=~'' Cant City Attor c~~ / City Clerk 3 IN WITNESS WHERE9F, The Parties have executed this Amendment effective as of March 10, 2005, Santa Clara Valley Wafer District: By: Name: Title; Date: County of Santa Clara; By: Name: Title: Date: City of Sunnyvale; 8y: , r *.• ~• Name; Amv Chan Title: Ciht Manager ' ~' ~' ~' .• Date: ~ ~-/~~ ,4pprvved as fa Form: ?_~ i3y: a ~ ~''~~ Name: Joan Bor4er Title: Actin4 City Attorney Date: ' 3 _._. . - i i i fi ) IN WITNESS WHEREOF, The Rartles have executed this Amendment effective as of March 1 Q, 20Q5. Santa Clara Yaltay Water District; By: Nsme; ' Title: Date; C t f S C y o oun anta Jara: 6y; Name: TZ IQTISS Tine: ~ta~t ~~~p ~~' SI~PEF~Vt~q i~AR 0 1' 20'05 .. `_-' Date• clry of : ~y; __ Name: Title: L7ate: AttesC. Phyllis Pe erk of the Bosrd of pervisors Date: MAR Q 1 20U5 Approved as tv form. and legality: Ka by Kret mer, Deputy Gounty Counsel Date; ~ ~~ ~ GS SCVURPPP FIRST AMENDMENT ~