Attachment 1. SCVURPP Agreement and Amendments One, Two and Threel(o.Z2C).
THIRD AMENDMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM
THIS THIRD AMENDMENT TO AGREEMENT PROVIDING FOR
IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RLINOFF
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 municipalcorporation of the State of California; CITY OF
MILPITAS, a municipal corporation of the State of california; clrY oF MONTE
SERENO, a municipal corporation of the State of California; CITY OF MOLTNTAIN
vIEw, a municipal corporation of the State of california; clrY 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 SUNNYVALE, a municipal corporation of the State
of California; and COLTNTY 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 "Part)2."
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 l. 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;
C. The Parties thereafter unanimously entered into a Second Amendment to
the Agreement (attached hereto as Appendix 3), which extended the term of the amended
IHH
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ATTACHMENT 1
Agreement by "one fiscal year beyond the termination date of the (then) next NPDES
Permit issued to the Parties, including any administrative extension of the (then) next
NPDES Permit's term which occurred pursuant to the NPDES regulations." The next
NPDES permit applicable to the Parties (and others) was subsequently adopted the
California Regional Water Quality Control Board, San Francisco Bay Region ("RWQCB
SFBR") on October 14,2009 and was known as the Municipal Regional Permit ("MRI"';
because it covered numerous public agencies in the San Francisco Bay Region in addition
to the Parties;
D. The MRP was then administratively extended until a new NPDES Permit
applicable to the Parties (and the other public entities in the San Francisco Bay Region)
was adopted by the California Regional Water Quality Control Board, San Francisco Bay
Region, on November 19, 201 5 ("MRP 2.0"). MRP 2.0 became effective on January 1 ,
2016 and, unless subject to an administrative extension, is scheduled to terminate on
December 31,2020;
E. The Parties expect to utilize the Program to continue to represent their
interests relative to MRP 2.0 (including with respect to an administrative appeal of its
adoption that is currently pending before the State Water Resources Control Board), to
help them effectuate certain aspects of compliance with MRP 2.0, and, beyond that, in
negotiating the terms of a further renewed NPDES Permit when MRP 2.0 nears the end
of its anticipated five-year term and any administrative extension provided thereto;
F. 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;
G. The Parties now desire to update the amended Agreement and further
extend the term of the MOA as set forth below;
H. 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
I. The Program's Management Committee accepted this Amendment for
referral to the Parties' Councils and/or Boards at its meeting on August 18,2016.
NOW, THEREFORE, THE PARTIES HERETO FURTHER AGRBE AS
FOLLOWS:
I . Recognition of Current Permit. Recital F of the Agreement, as previously
amended, is hereby further amended by the addition of the following subsections:
6. OrderNo. R2-2009-0074 (the MunicipalRegional Permit, NPDES
Permit CAS6l2008);adopted, October 14,2009 and amended by the
RWQCB SFBR on November 28,2011;
2
7. Order No. R2-2015-0049 (MRP 2.0, NPDES Permit CAS6l2008);
adopted by the RWQCB SFBR on November 19, 2015.
2. 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 date of termination of MRP 2.0; such termination
date shall, however, be deemed to include any administrative
extension of MRP 2.0 which occurs or arises pursuant to the
NPDES regulations or any modification of the MRP 2.0
termination date that arises from an NPDES permitting action
undertaken by the RWQCB SFBR or California State Water
Resources Control Board.
3. Superseding Effect. This Third Amendment of the Agreement shall
supplement the Second Amendment of the Agreement and supersede any conflicting
provisions of the Second Amendment of the Agreement.
remainder of page intentionally blank]
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IN WITNESS WHEREOF, the Parties have executed this Third Amendment effective
as of the last date indicated below or December 19,2016, whichever arises earlier.
Santa Clara VaUey Water District: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
cia By:
Name:
Title:
Date:
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THIRD AMENDMENT TO AOREEMENT
PROVIDINC FOR IMPLEMENTATTON OF
TI{E SANTA CLARA VALLEY URBAN RUNOFF
POLLU'IION PRIiVENTION PROGRAM
IN WITNESS WIIEREOF, the Parties have executed this Third Amendment effective
as of the last date indicated below or December 19,2016, whiohever arises earlier.
Santa Clara Valley Water District: By:
Name:
Title:
Date:
County of Santa Chra: By:
Name:
Title:
Date:
City of _Campbell : By:
Name:
Title:
Date:
Todd Capurso
Director of Public Works
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IN WITNESS WHEREOF, the Parties have executed this Third Amendment effective
as of the last date indicated below or December 19, 2016, whichever arises earlier.
Santa Clara Valley Water District: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
City of Cupertino: By:
Name:
Title:Citv Manaser
Date: I ,-l v
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IN WITNBSS WItEIIEOF, the llarties havc o'xecuted this Thircl Anrcndnrernt ctfuctive
as of the last date indicatecl belorv or Dccember I 9, 2016, whichever alises earlier.
Santu Clara Vallesr lltuter District: By:
Name:
Title:
Date :
Counly of Santa Clara: By:
Name:
Title:
Date:
Ctry o/ ros af tos .. By:
Name:
Title:
Date:
Chris topher
City Manaser
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IN WITNESS WHEREOF, the Pmties have executed this Third Amendment effective
as of the last date indicated below or December 19, 20l6,whichever arises earlier.
Santa Clara Yalley Water District: By:
Name:
Title:
Date:
Coiunt! of Santa Clara:By:
Name:
Title:
Date:
Town of Los Ahos llills:By:
Name: Carl Cahill
Title: CityManager
Date:
THIRD AMENDMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM
IN WITI\ESS WHEREOF, the Parties have executed this Third Amendment effective
as of the last date indicated below or December 19,20l6,whichever arises earlier.
Santa Clara Valley Water District: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
Town of Los Gatos_: By:
Name:
Title: Town Manager
Approved As to Form
Robert Schultz,Town
Attest:tkc(,Cr-., \s2rA
ShellbyTieis, Toft Cterk
Date
4
IN WITNESS WHEREOF, the Parties have executed this Third Amendment effective
as of the last date indicated below or December 19, 2016, whichever arises earlier.
Santa Claru Yallcy Water District: By:
Name:
Title:
Date:
Coanly of Santa Clara: By:
Narne:
Tifle:
Date:
City las By:
0mas 0 vV; lliotms
Title:ltAaw
Date:u
J.
City Attorney
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sf-3677154
T}IIRD AMENDMBNT TO AOIEEMENT
PROVIDING FOR IMPLEMENTATION OF
THE SANTA CLARA VALLEY UREAN RUNOTF
POLLUTlON PREVENTION PROCRAM
IN WITNESS WHEREOF, the Parties have oxecuted this Third Amendment effective
as ofthe last date indioated below or December 19,2016, whichever arises earlier.
Sanu Clara Valley llater Dbfiict: By:
Name:
Title:
Date:
Coung bf Santa Claru: By:
Name:
Title:
Date:
City of Monte Sereno_: By:
Name:
Title:City Manager
Date:
IN WITNESS WHEREOF, the Parties have executed this Third Amendment
effective as of the last date indicated below or December 19,2015, whichever arises
earlier.
CITY OF MOUNTAIN VIEW,
a municipal corporation of
the State of California
By,N--,r# fhf -r
By,
APPROVED AS TO CONTENT:
I
Fire Chief
FINANCIAL APPROVAL:
Finance
Services
APPROVED AS TO FORM:
Iic- Arssl-tcitY
EA/2/FrR
151-10-20-15AG-E 4of4
IN WITIYESS WIfiREOF, the Parties have executed this Third Amendment effective
as of the last date indicated below or Decembe r l9,20l6,whichever arises earlier.
Santa Cloru Valley lfater District: By:
Name:
Title:
Date:
County of Sonta Clara: By:
Name:
Title:
Date:
cia 'PoLo A t to tBy:
Narne:
Title:
Date:
C( r'I ,n/o, k&.c A
I
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IN WITIYESS WHEREOF, the Parties have executed this Third Amendment effective
as of the last date indicated below or December 19, 20l6,whichever arises earlier.
Santa Clma Valley Water District:By:
Narne:
Tifle:
Date:
Coanty of Safia Claru: By:
Name:
Title:
Date:
City otSan Josi: By:
Name:
Tifle:
Date:
TOttt -tAAEfL
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Ll- ? - 7.DV
IN WITNESS WHEREOF, the Parties have executed this Third Amendment effective
as of the last date indicated below or December 19, 2016, whichever arises earlier.
Santa Clara Valley Water District: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
City of Santa Cloru: By:
Name: Rajeev Batra
Title: Acting City Manager
Date: {O'Lb'
ASTO FORITI:
cmr clrc8
fir
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IN WITNESS WHEREOF, the Parties have executed this Third Amendment effective
as of the last date indicated below or December 19, 2016, whichever arises earlier.
Santa Clara Yalley lVater District: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
rifle: FEW BOAHDOFSUPERVISoRS
Nov 1 5 2016
r{r
Date:
Attest:
Name:
Title:
4EGAN ,
l
Clerk of the Board o=l$uperyisorc
Approved as to form and legality:
cia
By:-vffi
Name: lvt{C+{f€U L. gofsl
Title: t€AD DE;?lrT/ Cot X-fl COUASSL-
By:
Name:
Title:
Date:
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IN WITNESS WHEREOF, the Parties have executed this Third Amendment effective
as of the last date indicated below or December 19,2016, whichever arises earlier.
Santa Clara Valley Water District: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
citv of Bv:
Name:
Title:
Date:
i/tro.1 at(a<t
aan/?
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THIRD AMENDMEN'T TO ACREDMENT
PROVIDINC FOR IMPLEMENT^TION OF
TI{E SANTA CLARA VALLEY URBAN RUNOFF
IULLUTION PREVENTION PROGRAM
Santa Clara Valley Water District: By:
Name:
Title:
Date:
Counly of Santa Cbra: By:
Name:
TitIC:
Date:
City of Saratoga :, By:
Name:
Title:
Form: \-.af-
S.Attomey
Q
City Clerk f>q ckil-*
Date: 1
IN WITNESS WHEREOF, the Parties have executed this Third Amendment effective
as of the last date indicated below or December 19, 2016, whichever arises earlier.
Santa Clara Valley lyater Distriar; By
Name:
Title:
Date
Counly of Santn Clara: By:
Name:
Title:
Date:
Citt Sunnyvale By:
N Deanna J. Santana
City Manager
Date:l-el <
AS TO FORM:
By
hn A. Nagel
City Attomey
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THIRD AMENDMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OT
THE SANTA CLARA VALLEY URBAN RUNOFF
POLLT]TION PREVENTION PROGRAM
Appendix I
Agreement Providing For Implementation
of the Santa Clara Valley Urban Runoff
Pollution Prevention Program
as fully executed as of March 10,2000
THIRD AMEN'DMENI TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
TTIE SANTA CLARA VALLEY URBAN RT'NOFF
POLLUTION PREVENTION PROGRAM
page intentionally blank]
AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
THE SANTA CLARAVALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM
THIS AGREEMENT, is made and entered into this day of
1999 by and between rhe SANTA CLARAVALLEYWATER D|STRICT
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 OF LOS ALTOS, a municipal corporation of the State of
California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of
Califomia; TO\ /N OF LOS GATOS, a municipal corporation of the State of Califomia;
CITY OF MILPITAS, a municipal corporation of the State of Califomia; CITY OF MONTE
SERENO, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a
municipal corporation of the State of Califomia; CITY OF PALO ALTO, a municipal
corporation of the State of Califomia; CITY OF SAN JOSE, a municipal corporation of the
State of Califomia; CITY OF SANTA CLARA, a municipal corporation of the State of
California; CITY OF SARATOGA, a municipal corporation of the State of Califomia; and
Clry OF SUNNWALE, a municipal corporation of the State of Califomia.
All of the above-mentioned entities are hereinarfter collectively refened to as'PARTIES" or
individually as "PARTY."
RECITALS:
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.
ln 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 lhis 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
Poilution Prevention Program (hereinafter called "Program").
ln 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
A.
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JRG:MGD 10/19/9976075_4 MOA
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SCVURPPP MEMORANDUM OF AGREEMENT
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discharge of stormwater to navigabre waters. NpDES permits are arso requiredundersection402 (p) for any stormwater discharge *ni"n inl FederarEnvironmentalProtectionAgency (EpA) or a state nas oei:rmineo contributes to a vioiation ofawaterqualitystandardorisasignificantcontributorofpoilutantsto.urr".l *"i.i..
section 402 (p) further required EpA to promulgate regurations for initiarNPDESpermitappricationsforstormwaterdischarges. ine rin promurgateJ su"t ---regulations in November 1990.
Iire Eil has deregated authority to the carifomia state water ResourcescontrorBoard (SWRCB) to administer the NpDES permit process within carifomia and, intum, the swRcB has deregated authority tb tne iariiornia negionJ wai", iirJriivcontrolBoard - san FrancLco Bay Region (RWecB-sFBR) to administertheNPDESpermitprocesswithinitsrlgiori.
Pursuanilo qigtio! 402 (p) of the CWA and EpA regutations, the RWQCB_SFBRadoptedthefollowingordersturtherdefiningtheproiramthatthepARTTESareiodevelopandimplement:
1 . Order No. 90-094 (NPDES permit No. CAOO2971 8), adopted June 20,.1990;
and
2. order No 95-180 (NPDES permit No. cAS02971B); adopted August 23, 1995.
ln and for the mutuar interest of the pARTTES, the pARTIES wish to continuetheProgrambyenteringintothisAgreementforthepurposeofensuringcontinueo
participation, in terms of cost and administrative responsibilities.
DlsrRlcr is a locar pubric agency of the state of carifomia dury organizedandexistingwithinthecountyo-f S. anta ctara. The county of sant;cta;; i.
poiiti""rsubdivisionofthestateofcalifomia. All other PARTiES are municipal .orior.ii*r,
duly organized and existing under the laws of the State of Califomia. :
The RWQCB-sFBR is conducting a watershed Management rnitiative (wMr) inSantaclaracounty. The program is required, as pariof its NPDES p"i*it, i"
develop and implement a watershed Managemeni Measures strategy. TheurbanRLrnoffManagementpranoftheprogramcontainstheprogram,s wiiersneo
Management Measures Strategy. This strategy, consisteni with the NpDis permit,
coordinates Program activities with the wMl to develop and implement cost-ifrectiveapproachestoaddressspecificurbanrunoffpolrutionilrobremi. rne erojram,-
through a continuous improvement process, annually ieviews the strategyl
Page 2 of 13
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SCVURPPP MEMORANDUM OF AGREEMENT Page 3 of 13
NOW, THEREFORE, THE PARTIES HERETO FURTHERAGREE, AS FOLLOWS:
Section 1 Santa Clara Vallev Urban Pollution Prevention Proqram
1 .0'l The Santa Clara Valley Nonpoint Source Pollution Control Program
Program') is hereby continued as the Santa Glara 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.
Section 2.Manaoement 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 govemance.
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 conesponding 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.O5 The voting membership of the Management Committee shall consist of
one designated voting representative from each PARry. An alternative
voting representative may be appointed by each PARry. The RWQCB-
SFBR may appoint a non - 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.O7 Meetings of the Management Committee, including any closed sessions
with Program Legal Counsel, shall be conducted in accordance with the "Brown Acf'
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SCVURPPP MEMORANDTJM OF AGREEMENT Page 4 of 13
Govemment code section 54950 et seq.) The individual parties have differing
opinions on whether the Brown Act legally should be interpreted as applying tj
members of the Management committee. ln executing this Agreemeni, itre 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 rnembers of
the individual Parties (including designated representatives of the parties) to be
subject to the Brown Act, where the Brown Act would not othenrvise apply. Each
party is individually responsible for ensuring that it complies with the Ejrown Act.
2.08 The affirmative vote of at least eight (8) voting members of the
Management Committee, which collectively contribute at least fifty percent (50olo) 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 contracto(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.
230 The Management Committee shail 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 attomey (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
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SCVURPPP MEMORANDUM OF AGREEMENT Page 5 of 13
assist in coordination of activities with the Program Attomey but shall not give
direction without prior authorization 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.
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 (10olo) of the
operating costs of the adopted Budget.
3.02 The PARTIES shall each pay a yearly assessment into a fund established
for Program operationsfortheir assigned portion ofthe 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
deflned participation rates, as requested by each PARW.
Section 4.Contractino/ Fiscal Aqent
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 ln the event that the Contracling/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 maiority vote of the Management Committee.
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Section 3. Prooram Budqet
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SCVURPPP MEMORANDUM OF AGREEMENT Page 6 of 13
4.O4 The Contrac{ing/Fiscal Agent shall act in a reasonable amount of
time to execute contracls with Outside Contraclors, 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 ContractingiFiscal Agent, in accordance with generally accepted
accounting procedures, shall keep the Program funds segregated from any
other funds administered by the ContractingiIiscal Agent shall credit the
Program with appropriate interest income eamed on Program funds in each
fiscal year; and shall not expend any funds except in arcordance with the
annual budget approved by the Management Committee or as otheruvise
directed by the Management Committee.
4.06 The Contracling/Fiscal Agent shall provide a copy of any contract
executed on behalf of the Program to any PARTY or person designated by
any PARW or the Management Committee upon request. The governing
body of the Contracting/Fiscal Agent, at its discretion, may delegate authority
to execute agreements and contrac{s 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 cosls
incuned 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.
Seclion 5. Ancillarv Riqhts and Duties of the Parties
5.01 ln 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-Specifi c 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
JRG:MGD 10/19/9976075_4 MOA
SCVURPPP MEMORANDUM OF AGREEMENT Page 7 of 13
implementation; and
5. Each will individually address inter-agency issues, agreements or
other cooperative efforts.
5.OZ This Agreement does not restrict the PARTIES from the ability to
individually (or collectively) request NPDES Permit modiiications and/or 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 Aoreement
6.01 The term of this Agreement shall commence on the date the last duly
authorized representatlve of the PARTIES executes it.
6.02 This Agreement shall have a term of five (5) years.
6.03 Any PARfi may terminate its participation in this Agreement by giving
the Chair of the Management Committee at least thirty (30) day written notice. The
terminating PARry will bear ihe 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 PARTYs share of the Program Budget, for the fiscal year in which the
termination occuned (both paid and obligated but unpaid amounts). ln 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
PARTYs 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
PARW's participation.
Section 7.General Leqal Provisions
7.O1 . 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.O2 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 10/19i99
SCVURPPP MEMORANDUM AF AGREEMENT Page I of 13
7.03 This Agreement may 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.O4 No PARTY shall, by entering into this Agreement, participating in the
Management Committee, or agreeing to serve as Fiscal Agent, Contracting Agent,
Program Manager, andlor 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 ln lieu of and notwithstanding the pro raia 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 incuned by a PARTY shall not
be shared pro rata but instead the PARTIES agree that pursuant to the Govemment
Code Section 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
inOemnfifin-g pARTy, its ofiicers agents or employees, under or in connection with
or arising fr6m any work, authority or jurisdictions delegated to such PARTY under
this Agreiment, including but notlimited to any non-compliance by a PARTY with its
obligaiions undir the Program NPDES Permit. No PARW, nor any ofiicer, board
rber, employee or agent thereof shall be responsible for any damage'or liability
incurred by reaion of the negligent acts or omissions or willful misconduct of the'
other partLs hereto, their ofircJrs, board members, employees or agents under or in
connection with or arising from any work, authority or jurisdictions delegaled to.such
pARTy under this Agreement, inciuding but not limited to any non-compliance by a
PARTY with its obligations under the Program NPDES Permil
7.06 ln 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 13 of 13
EXHIBIT A
SANTA CLARAVALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM
SCHEDULE OF COST-SHARING PROPORTIONS
1.88%
2.460/0
1.59%
0.43o/o
1.74o/o
2.75To
0.14o/o
3.91%
4.060/o
6.23%
1.5994
7.25o/o
5.94o/o
Subtotal
San Jose
District
TOTAL
39.970/o
30.01%
30.02Yo
100.00%
JRG:MGD 10/19/99
Jurisdiction Prooortional Share
Campbell
Cupertino
Los Altos
Los Altos Hills
Los Gatos
Milpitas
Monte Sereno
Mountain View
Palo Alto
Santa Clara
Saratoga
Sunnyvale
Santa Clara County
76075_4 MOA
SCVURPPP MEMORANDUM OF AGREEMENT Page 9 of 13
lN WITNESS WHEREOF, the PARTIES hereto have exeq.rted this Agreement as of the
dates shown below.
Date:
DEC 21 p99
APPROVED AS TO FORM:
By:85c
Chai ofDelo
By:-
Chair, Board of Supervisors
CITY OF
Date:
By:
Name:
Title:
ATTEST:
Date
By:-
Deputy County Counsel
ATTEST:
Date
B
APPROVED AS TO FORM:
By:-
Name :
Title:
n
COUNTY OF SANTA CLARA, a public entity of the State of Califomia
APPROVED AS TO FORM:
76075_4 MOA JRG:MGO 10/19/99
SANTA CLARA VALLEY WATEF, DISTRICT, a body corporate and politic of the State of
California
SCVURPPP MEMORANDUM OF AGREEMENT Page 9 of 13
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the
dates shown below.
SANTA CLARAVALLEY WATER DISTRICT, a body corPorate and politic of the State of
Caliiornia
Date:APPROVED AS TO FORM:
By:-
Chair, Board of Directors
By:-
General Counsel
ATTEST:
By:-
General Manager
By:
COUNTY OF SANTA CLARA, a public entity of the State of Califomia
Date:APPROVED AS TO FORM:
Date:
Bv By:-
Deputy CountyCounselChair, Boarcj of Supervisors
ATTEST:
Date:
By:
Date: . I /1 /9e APPROVED AS TO FORM:
By:
t\N riil I i an R. SeIi nn
Prrh'l i z- W^?Lc ni ra-+
Bv:
Titie:
76075_4 MOA
or Title: city Atrorn eY
JRG:MGO 10/19/99
CITY OF _-cAI4.pBEr.l__
SCVURPPP MEMORANDUM OF AGREEMENT
Date:
By,By:
Chair,Board of Directors
APPROVED AS TO FORM:
6sngral egrmsgt
ATTEST:
Date:
ame :CharlesKilianTitle: City .A,norney
Page g of t3
IN MTNESS WHEREOF, the pARTIES hereto have executed this Agreement as ofrhedatesshownbelow
tm"atO* VALLE, WATER DiSTRICT, a body corporate aad politic of the State of
Bvr
Geaeral Managei
By:
COLINTY OF SANTA CLARA, a public entiry of the State of Califoraia
Date APPROVED AS TO FORM:
By:By:
Chair , Board of Supervisors Deputy County Counsel
ATTEST:
Date:
By:
CITY OF CUPERTINO
Date:t/- zt-21 APPRO TO FO
By'
ame:
Title:
John Statton
Vice lvlayor, City of Cupenino
runoff agreement JRG:MGD 10/19/99
SCVURPPP MEMARANDUM OF AGREEMENT Page 9 of 13
lN 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
ATTEST:
By:-
General Manager
Date
B
COUNTY OF SANTA CLARA, a public entity of the State of Califomia
Date: APPROVEDASTO FORM:
By:-
Chair, Board of Directors
By:-
Chair, Board of Supervisors
CIry OF LOS ALTOS
Date:ber
By:
Name:
Title:
By:-
General Counsel
By-
Deputy County Counsel
AfiEST
Date:
By:
APPROVED AS TO FORM:
By:
Name
Title:
Robert K. Booth
MOA.doc
Citv M anaoer itv ev
JRG:MGO 10/19/99
Date:- APPROVED AS TO FORM:
SCVURPPP MEMORANDIJM OF AGREEMENT Page g of 13
rN wlrNESS WHEREOF, the pARTIES hereto have executed this Agreement as ofthedatesshownbelow.
SANTA CLARA vALLEy WATER DrsrRrcr, a body corporate and poritic of the stateofCalifornia
Date:APPROVED AS TO FORM:
By:By:
GeneraiCounselchair, Board of Directors
ATTEST:
B Date:
General Manager
By:
COUNTY OF SANTA CI-ARA, a public entity of the State of Califomia
Date:APPROVED AS TO FORM:
By:By:-
Deputy CountyCounselChair, Board of Supervisors
AfiEST:
Date:
By:
CITY OF Ls Altos Hills
Date:L/6/oo APP DASTOF RM:
By:By:6',i."->
N ame:I'Erk l4iUer Name :
Title:
Sloan
Ti e: City lEnager City Attornev
76075 4 MOA JRG:MGD 10/19/99
SCYURPP P MEMORANDUM AF AGREEMENT
crw oF
Page 1A of 13
APPROVED AS TO FORM:
By:
Name
Title:
APPROVED AS TO FORM: ATTEST: ,,i'r'''
B
Date:
By:
Name :
Titte:
TOWN OF GATOS
Date: LL. ?- n1
cBy:
Date
By:ar;'!
AN V. C05GRO\I
CLERK
Name
Tltle:
rz
CITY OF
MONTE
SERENO-
APPROVED AS TO FORM:
By:
Name
Title:
crTY oF _SARATOGA_
Name
Title:
APPROVED AS TO FORM:Date
B By
Name :
Title:
Name
Title:
MOAfinal JRG:MGD 10/19/99
COUNTY OF SANTA CL..l,RA, a public enriry of rhe State of Califomia
Date:
By:
Chair, Board of Superviso-
APPROVED AS TO FORIvt:
Bv:
pury Countv Counsel
ATTEST:
Date:
By:
APPROVED AS To FoRjvI:
By,
Title:
APPROVED AS TOFORM:
By
Name :
Title:
Bv:
Name :
Title:
Date:
By:
Actino Clty Manaoer
CITY OF
ra<.tl
c
By:
Bv
Date
Name :
Tirle:
CITY OF
Name :
Tirle:
CITY OF Milpitas
Date:.--
APPROVED AS TO FOR.T!I:
SCYURPPP MEMORANDUM OF AGREEMENT
CIry OF PBELL
Date:
By By:
Name :
Title:
TOWN OF GATOS
Date:
APPROVED AS TO FORM:
Page 10 of 13
Name :
Title:
APPROVED AS TO FORM:
B
Name
Title
CIry OF
MONTE
SERENO-
Date: December 7, I999
By
Na
Title !1a
crw oF _SARATOGA_
Date:
By:
Name :
Title:
Name
Title:
APPROVED TO FORM:
ci AI
APPROVED AS TO FORM:
By:
a
N
Name :
Title:
MOAfinal JRG:MGD 10/19/99
lN wlrNESS WHEREOF, the pARTIES hereto have executed this Agreement as ofthedatesshownbelow.
SANTA cl-ARA VALLEY WATER DlsrRlcr, a body corporate and politic of the stateofCalifornia
By:- Date:
General Manager
By:-
ctra@
JRG:MJD
1 0/19/99
Date:
By:
ch air, Board of Directors
CITY oF y'4ou,'r\:,Vrer.^f
Date:
By:
Name :
Title:
CITY OF
APPROVEDAS TO FORM:
By:
General Counsel
ATTEST:
By:-
Deputy County Counsel
ATTEST:
Date:
By:
APPROVED AS TO FORM:
By:
Name :
Title:
By
COUNry OF SANTA CIARA, a pubtic entity of the State of Califomia
76075 4.doc
1 0
Date:_ APPROVED AS TO FORM:
SCVURPPP MEMORANDI)M OF AGREEMENT Page 9 of 13
lN WTNESS 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:
Chair, Board of Directors
Chair, Board of Supervisors
crTY oF /a/o f) /f"
By:-
Rv. Date:
General Manager By:-
COUNTY OF SANTA CLARA, a public entity of the State of Califomia
Date:- APPROVED AS TO FORM:
By:-
General Counsel
ATTEST:
By:-
Deputy County Counsel
ATTEST:
Date:
By:
APPROVED AS TO FORM:
By:tJ- C+----.-
669 I S,u. s
77
L<<<-
Title: Sr,r .'or As<i
Date:
By
Name:
Title:,l.i t-tt,:7
T'-.a4liC
rne.l
MOA 10-28-99.doc JRG:MGD 10/'t 9/99
I
SCVURPPP MEMORANDUM OF AGREEMENT
CITY OF
Date:
By:By
Name:'
lltle:
CITY OF SANI.A CLARA
Date: November 30 1999
By:
me nntracinoe: City Mana qer
ATTEST:
ry
Date:
By By:
Name:
Title:
CITY OF
n-r-.lJ<ttE-
By:By:
Name:
Title:
APPROVED AS TO FORM:
Name:
Title:
APPROVED AS TO FORM:
B %
Name:LT.N
ra
rL€
Title: D € 0u1Y AT-ro{t,rJE
APPROVED AS TO FORM:
Name:
Titie:
APPROVED AS TO FORM:
Name:
Title:
Page 12 of 1 3
v
NPS Modet MOA 1999 JRG:MGD 10/19/99
SCYURPPP MEMORANDUM OF AGREEMENT
CITY OF
Date:
By:By:
Name:
Title:
By:By;
APFROVED AS TO FORM:
Page 12 of 13
i t
Name:
Title:
APPROVED AS TO FORM:
I -Tr:rName:
Title:f tfY tl Atl
Name'
lltle:
APPROVED AS TO FORM:
tcr
r r\L
CITY OF
By:By:
Nanne:
Title:
Name:
Title:
APPROVED AS TO FORM:u cl tg.
By:By:
Name:
Title:
Name:
Title:
76075 4 l\40A JRG:MGD 10/19/99
crry oF 5n zt+raoA
oate: Ttrtutbr.L l, I|li
CIry OF
SCVURPPP MEMORANDUM OF AGREEMENT
Date:
By:Bvt
Ch air, Board of Directors
By:
Date
B
CITY OF Sunnyvale
Date:
By
me:ber t . LaSala
APPROVED AS TO FORM:
lN wlrNESs WHEREOF, the pARTTES hereto have executed this Agreement as ofthedatesshownbelow.
SANTA CLARA vALLEy WATER DlsrRrcr, a body corporate and poritic of the stateofCalifomia
General Counsel
AfiEST:
Date:
General Manager
By:
COUNTY OF SANTA CUBA, a public entity of the State of California
Date:APPROVED AS TO FORM:
BY: B
Chair, Board of Supervisors Deputy County Counsel
ATTEST:
t\
76075_4 MQA,doc JRG:MGD 10/19/99
Page 9 of 13
APPROVED AS TO FORM:
r^,4
ay: UaL.*, ,/,1. l/z--^o^z>
Name : valetie J. ArmentoTitle: citv Attorne.rTitle: citv !,lanaqer
SCWRPPP MEMARANDUM 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 WATER DISTRICT, a body corporate and potitic of the State of
California
B By:
Chair, Board of Directors General Counsel
ATTEST:
Date:By:-
General Manager
By:
COUNTY OF SANTA CI-ARA, a public entity of the State of Califomia
Date: DECi4lggg APPROVEDAS TO FORM
By:By:-.\
Cha Board of Supervi Deputy Cou Counsel
ATTEST:
Date: DEC 14 lggg
By:
lis d Perez. clsl(
CITY OF
Board ol SupeMsors
Date:APPROVED AS TO FORM:
By:By:
Name :
Title:
Name :
Title:
Date:_ APPROVED AS TO FORM:
c
JRG:MJD
3/5100
IN WTNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the
dates shown below.
SANTA CLARAVALLEYWATER DISTRICT, a body corporate and politic of the State
of California
P',._
Chair, Board of Directors
R,r._
General Counsel
Date:
ATTEST:
A','_
General Manager
Rr"-
COUNTY OF SANTA CLARA, a public entity of the State of Califomia
Date: APPROVEDASTOFORM:
By:- By:-
Chair, Board of Supervisors Deputy County Counsel
ATTEST:
Date:
By:
CITY OF SAN JOSE
Date 3./o, oD APPROVED AS TO FORM:
By:By
me: Jenn ag rre Name: Mollie . Dent
Title: Assistant to the City Manager
7607 5 4
10
Title: Senior Deputy City Attorney
Date:- APPROVED AS TO FORM:
f-
THIRD AMENDMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
T}IE SANTA CLARA VAILEY TJRBAN RTJNOFF
POLLT]TION PREVENTION PROGRAM
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
THIRD AMEN'DMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
T}IE SANTA CLARA VALLEY IJ'RBAN RUNOFF
POLLUTION PREVENTION PROGRAM
page intentionally blank]
Appendix 2
This first 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'); Clry 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; Clry 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 SUNNWALE, a municipal corporation of the State of California; 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
lmplementation 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"). 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 a five-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
1
FIRST AMENDMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION
OF
THE SANTA CLARAVALLEY
URBAN RUNOFF POLLUTION PREVENTION PROGRAftI
Appendix 2
NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE AS FOLLOWS:
Section 6.
Section 6.02 of the Agreement is hereby amended as follows:
Section 2.04 of the Agreement is hereby amended as follows:
2
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.
2.04.0'l 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.
Appendix 2
lN UIflTNESS WHEREOF, The Parties have executed this Amendment effective asofMarch10,2005.
Sanfa Clan Valley Water District By
Name:
Tifle:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
City of Carnpbell By:
Narne:
Title:
Date:r[e\o(
Robert Kass
Int,erim city llanager
rI
3
Appendix 2
NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE AS FOLLOWS:
Secti on 6.
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.
lN WTNESS WHEREOF, The Parties have executed this Amendment effective as of
March 10, 2005.
Sarta Clara Valley Water Disffici. By:.
Name:
Title:
Date:
Caunty of Santa Clarai By:
Name:
Title:
Date:
DAu, o d lZat A Po t
Section 6.02 of the Agreemeni 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
otheruvise terminated by the Parties in accordance with Section 6.03'
By:
Name:
Title:
Date:qS
2
7. to
City of Cupertino:
if^ lv1a"."ra.r.-
J
Appendix 2
lN SflITNESS WHEREOF, thc Parrics hate esecuted this :\nrcndnrcnt effcctivc as of
itlarch 1(1.2(,05.
Saaa Claru YaIIey lVatet Disttict: llr:
Namc:
I itlc:
I)atc:
Coudqr ofSanta Clara: Ilr:
Narne:
Iitlc:
Date:
City of Los Alos-: B1':
Namc: Phllip [.. Rosc
Date:
U
Iitlc: Cin \ Ianagcr
Appendix 2
lN WTNESS WHEREOF, The Parties have executed this Amendment effective as of
March 10, 2005.
Santa Clara Valley Water Districf By:
Name:
Title:
Dale:
County of Santa Clara: By:
Name:
Title:
Date:
Town of Los Aitos Hills By )
Name:
Title:
Date:
l\/aureen Cassingham
City Manager
L-rJLB /to;
i
3
Appendix 2
lN WF NESS WHEBEOF, The Parties have o(ecuted this Amendment eftective as o,
March 10,2005.
Santa Clara Valley Watet Disttict' By,
Narne:
Trtle:
Date:
County af &nta Clam. By:
l.lame:
Titb:
Date:
Town of LosGatos. By:.
Debra tr Manager
Date:
Agprcved as to Form B1t
Date:
d &
Attest By
MatL J.Admhistrator
A'O{
Date:
Town Altomey
Appendix 2
NO}Y, THE,REFORE, THE PARTIES HERE,TO FI.JRTITER AGREE AS FOLLOWS:
Section 6.
Scction 6.02 of the Agreement is hereby amcndcd as follow.s:
6.02 This Agreement shall continue in full torce and effect for an additional
one year be,*-ond its original termination date of March l0- 2005, unlcss
othenvise terminated by the Parties in accordance rvith Section 6.03.
Section 2.
Scction 2.04 of the. Agreement is hereby amended as follows:
2.04 The Program shall conduct an indcpcndcnt rcview bv December 31, 2005
to evaluate the MOA's cost allocation formula and evaluate the term,
scope and cost of thc Program MOA.
IN WITNT^SS WIIEREO}', The Parties have executed this Amendment as of March 10, 2005.
Santa Clara Valley Woter Dirtrict: By:
Narnc:
Titlc:
Date:
Caunly of Santa Clara; By
Name:
Titlc:
Ciry of MIT,PT
APPROVED
a / os/,<tis
Date
By:
Narne:
l'itle Ac t ins
7
2
DATE
GITY ATTCBNEY
Date:
City l,lanaqer
Appendix 2
IN WTNESS WHEREOF, The Parties have executed this Amendment effective as of
March 10, 2005.
Santa Clan Vattey Water District By:
Name:
lltle:
Date:
Countyof Sanla Clan: BY:
Name:
Title:
Date:
City of By:
Name:
Title:
Date:
3
Appendix 2
lN WI'fllESS \\iHFIRI':O[.'i hc l]irrtics luvc creculcd thi.s..\nrentlnrenl cll'ucrive as u{'
N{rrch 10. 2005.
Santa Claro l'alle1,|Yater District: I3;'
Narne:
l'itle:
Date:
County of Sonta Clara: By:
Name:
Title:
Date:
City olMountain View: Lly:
Name:Kevin
itle: Citr- Manaeer: -
Datc:
3
flarckr cl ,3oo5
Appendix 2
lN WITNESS WHEREOF, The Parties have executed this Amendment effective as of
March 10, 2005.
Santa Clara Valley Water Dislrict By:
Name:
Title:
Date:
County of Santa Clara'. By:
Name:
Title:
Date:
City of PaIo Alto By:
Name:
Title:
Date:
Jim Rrrrr:h
Mayor
I,larch 10 2005
J
Appendix 2
lN WTNESS WHEREOF, The Parties have executed this Amendment effective as of
March 10,2005.
Santa Clara Valley Water Disttict By'.
Name:
Title:
Date:
County of Senta Clara'. By:
Name:
Title:
Date:
City ofS h Cl,.*a By:
Name:
Title:
Date:
c-
r i I .I:
city Clerk
s aatn
AS TO
D D. PFEIF
Ci$ Ano
J
c;{y fy'ramlger
fv\o.nc],r I aooS
Appendix 2
lN WITNESS WHEREOF, The Parties have executed this Amendment effective as of
March 10. 2005.
Santa Clan Valley Water Disttict Byl
Name:
Title:
Date:
County of Santa Clara:By:
Name:
Title:
Date:
City of Saratoga:By:
Name:
Title:
Date:
Dave Anderson
CiW Manaoer
ro'c,5
A'I-TEST:
lity
3
a5*-
I
Appendix 2
lN WITNESS UITHEREOF, The Parties have executed this Amendment effective as of
March 10,2005.
Sanfa Clara Valley Water District' By:
Name
Title:
Date:
County of Sanla Clara:. BY:
Name:
Title:
Date:
r.
Citv of Sunnwale: By:
Name:
Title:
Date:
Approved as to Form; BY:
Name:
Chan
City M
1-/(
Joan Boroer
Title
Date:
Cifu Attornev
3
Appendix 2
tN WITNESS WHEREOF, The Parties have executed this Amendmenteffective as of
March 10,2005.
Sanfa Ctala Vatley Water District By:
Name:
fitle:
Date:
I
City of
County ofSanta Clam: By:
Narne:
Title:
Date:
By
Narne:
Title:
Date:
KrfIsS
cuAa, sCIARp or $uPEn\rts0ag
HAR 0 1' 2005
Anesr f,/l o*.
Phyllis Pffi, fierlx of the eoard of$Oervisors
Date: tAR 012005
Approved as to form and legality
Deputy County Counsel
Date: )l{CS
3SCVURPPPFIRSTAMENBMENT
Appendix 2
IN TVITNESS \ryHEREOF, the Parties have executed this Amendment effective as of
March 10,2005.
Sonta Clara Valley lYater District: By:
Name:
Title:
Date :
Coanty otSanta Clara: By:
Name:
Title:
Date:
iily of San lose:MByt
Nanre:
Title:
Date:
PTTER ,ffi
TO THE CITY MANAGER
J,: i.".rii ".I';-,i 3-raof
J
a r
THIRD AMENDMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
TIIE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM
Appendix 3
Second Amendment to Agreement Providing For Implementation
of the Santa Clara Valley Urban Runoff
Pollution Prevention Program
as fully executed as of March 10,2006
THIRD AMEN'DMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
TTIE SANTA CLARA VAILEY URBAN RUNOFF
POLLI]TION PREVENTION PROGRAM
page intentionally blank]
SECOND AMENDMENT TO AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PRO GRAM
THIS SECOND AMENDMENT TO AGREEMENT PROVIDING FOR
IMPLEMENTATION OF THE SANTA CLARA VALLEY IIRBAN RLTNOFF
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 Califomia; CITY OF
MILPITAS, a municipal corporation of the State of Califomia; CITY OF MONTE
SERENO, a municipal corporation of the State of Califomia; CITY OF MOI-INTAIN
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 Califomia; CITY OF SANTA CLARA, a municipal
corporation of the State of Califomia; CITY OF SARATOGA, a municipal corporation
of the State of California; CITY OF SI-INNYVALE, a municipal corporation of the State
of California; and COUNTY OF SANTA CLARA, a political subdivision of the State of
Califomia.
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 Novembet 2005;
1
C. The Parties expect to utilize the Program to continue to represent their
interests in negotiating the terms of a renewed NPDES Permit, which may manifest itself
in a Municipal Regional Permit ("MRP"), in2006, 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 ofachieving 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 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
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. Recoenition 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-i 19 (Modification to re-issued NPDES Permit No
CAS02971 8); adopted October 17, 2001;
5. Order No. R2-2005-0035 (Further Modification to re-issued NPDES
Permit No. CAS0297 l8); adopted July 20, 2005.
2. Cost Sharine Allocation. Effective with fiscal year 2007, the following
footnote shall be deemed 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
30.02oA" shown for the District:
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 twothirds of the District's
contribution is expected to be derived by the District from property tax revenues.
2
3. Contractine/Fiscal Asent. Section 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 Contracting/Fiscal
Agent and was nominated to do so by another Party and selected as the
Program's ConkactinglFiscal 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 Asreement. Sections 6.02 and 6.02.01of 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. Supersedine Effect. This Second Amendment of the Agreement shall
supersede and replace the First Amendment of the Agreement.
remainder of page intentionally blank]
J
I,
1l
IiY LTNESS II'HEREOF. the Parties,have executed this Arnendment effective as of
V1arch 10,2006.
Santa Clara Valley Water District: By:
l '".1'
rt
jrl
i
il"II
i.,t .'i
i.
t.t',.!
l',,i
1.t
J ,r,l,.'.1
ln,i, ,, I., '
i
Jir':
N
Title:
Date:
Cowfiy of Santa Clara: By:
Name:
Title:
Date:
By:
Name:
Title;
Date:
eldd
z/tt-0o ,(-
City of
l" i
l
i
il
2().i()d"i 5
ti,1z':*.rr*
I
i,
IN 1VXTNESS WHERSOF, the Parties have executed this Amendrnent effective as of
Ivlarch t4,2006.
Santa ClaruYslley Water Distrtct: By:
Name:
Iitle:
Date:
Coanty af Santa Clara: By,
Name:
Tirle:
Date:
Ctty Canpbell By:
Name:
Title:
Date:
RoberE Kasg
Public Works Di.rector
January 23, 2006
IA
f?
rll
i:,'," '
r ' '
1, '
I
f,
t,
I
t,.'
I,I,t.,"
t
IN WITNESS WHEREOF, the Parties have executed this Amendment effective as
of Ivlarch 10, 2006.
gB'd rulol
Santa Clara Valley ll/ater District: By:
Name:
Title:
Date:
County of Santo Clara: By:
Name:
Title:
Date:
City 67 guOertino: By:
Name:
Sant r> vt (
J
2(,
Title:
l, zL. oc
1.r,, '
il;
t
rlt.
oa )mo? 7CO BTa
Date:
IN WITNESS WHEREOF, the Parties have executed this Amendment effective as of
March 10,2006.
Santa Claro Valley ll/ater District: By:
Name:
TitIE:
Date:
County of Santa Cloro: By:
Name:
Title:
Date:
City of Los Altos: By:
Name:Philip Rose
Title: Cttv lt4auager
Date:
4
IN WITNESS WHEREOF, the Parties have executed this Amendment effective as of
March 10,2006.
Santo Clara Volley ll/ater Dbtrict: By:
Name:
Title:
Date:
County of Santa Clora: By:
Name:
Title:
Date:
Town of Los Altos Hills: By:
Narne,
Acting CityManagerTitle:
Date:
4?
4
p e ^Lfil
IN WITNESS THEREOF, the Parties have executed this Amendment Effective as of
March 10,2006.
Santu Clara Yalley Water District: By:
Name:
Iitle:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
Town of Los Gatos: By:
Town Manager
Date:
Approved as to Form By:
Town Attomey
Date:l,
Attest By:
J
Date: ,'ta
4
a
IN IVITNESS IYI{ERBOF, 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:
CtA of s By
Name:
Title:
Date:
CTTY
3 TEBP;luAqY 2OOID
APPROVED
DATE 1.H.znt
CTTY A1''
l,r.lLJ{vs
l//r;1s
4
sf-2050445
IN MTNESS WHERBOF, the Parties have executed this Amendment effective as of
March 10,2A06.
Santa Clara Valley Water District: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
City of Monte Sereno By:
Name:
Title:
Date:
Brian Loventhal
Januarv I 2006
4
Ii\ WITNESS lV[IEREOF, the Partics have executed this Amendment cffectivc as of
March I0. 2006.
Santa Clars Valley ll/ater District: By:
Name:
Title:
Date:
Coungt of Santa Clara: By:
Name:
Title:
Date:
City of Mountain View: By:
Name:
Title:
Date:
4
IN WITNESS WHEREOF, the Parties have executed this Amendment effective as of
March 10,2006.
Santa Clara Vallel, Water District: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
I
ciq,PaIo Alto By:
Name:
Title:
Date:
Kleinber
Mayor
March 6 , 2006
4
sf-2050445
IN WITNESS WIIEREOF, the Parties have executed this Amendment effective as of
March 10,2006.
Santa Clara Yalley lYater District: By:
Name:
Title:
Date:
Courrty of Santa Clara: By:
Name:
Title:
Date:
Cityof SM OLrt&4 :By:&^rniJ u( dnanan-lt:y
xu*(Lt1r{M*,
Title: e
Dare: / *.3A -O1'
r
AS
B.
City Attcrney
T
C Clci'k
4
IN WITNESS WHER-EOF, the Parties have executed this Amendment effective as of
March 10,2006.
tanta ClaruYallcy Watu Distrlia; By:
Name:
Title:
Date:
County of Santa Clwa: Byt
Name:
Title:
Date:
City SoL,<t{*5 <e-/By:
Name:
Tirle:
Date:
4^-*/" .-! crd
C,Y 2t-q -Lt-
2 7- 2do(
4
IN WITNESS WHEREOF, the Parties have executed this Amendment efl'ective as of
March 10, 2006.
Santa Clora Valley Woter District: By:
Name:
Title:
Date:
County of Santa Clora: By:
Name:
Title:
Date:
City of Sunnyvale: By:
Name:
Title:
Date:
Amv Chan
r\'Approved rc lo Form:
City of Sunnyvale)
By:
Name:
Title:
Date:
David Kahn
Citv A
l- -t f -r:C
4
City Manager
t
i";.'l
iJil,;',
ffi
il,ti -eil[t' : '{
i.\\Qr.:';;;I.{
rJ'!ll. .',{
i:;,.,,,iil
t''\,
1..
j
1 ,, )rlr 't
t
IN WITNESS WHEREOF, the Parties have executed this Amendmcnt effectivc as of
March 10,2006.
Santa Clara Valley Water District' By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:T. BEALL, JR.
CfI.AiR
n,,i,.:
i.r.i,
ri
i',1
7
Ti
By:
Name:
Title:
Date:
Date: JAf,lZ4?006
A?TEST : Phyllls A. Psrar, Sls{k
Bpard of
r.l
City
Fonn ard
lt
4
sf-2050445
r .,i' .,1i
d
11.$
I
oabW
IN WITNESS WHEREOF, the Parties have executed this Amendment effective as of
March 10,2006.
Santo Clara Yolley lYater Districl: By:
Name:
Title:
Date:
County of Santo Claro: By:
Name:
Title:
Date
City of San Jose: By:
Nanre: Deanna Santana
l'itlc: Deputy City Manager
Date: lvlarch 10,2006
Approved As To Form
By:
Nanrc: iviollie J. Dent
l'itlc: Senior Deputy City Attorney
1
sl--20-5 1296
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