04 Attachment 2 - First AmendmentFirst Amendment to MOA revised 7-18-23 Page 1 of 6
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
FIRST AMENDMENT TO AGREEMENT
CREATING THE SANTA CLARA COUNTY
RECYCLING AND WASTE REDUCTION
TECHNICAL ADVISORY COMMITTEE
This FIRST AMENDMENT (“FIRST AMENDMENT”) TO AGREEMENT CREATING THE SANTA
CLARA COUNTY RECYCLING AND WASTE REDUCTION TECHNICAL ADVISORY COMMITTEE
(“AGREEMENT”) is entered into and becomes effective on ______________________ (“Effective Date”),
by and between the 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 GILROY, 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 MORGAN HILL, 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 chartered 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 the above-mentioned entities are hereinafter collectively referred to as "PARTIES" or individually
as "PARTY."
RECITALS
WHEREAS, PARTIES entered into the AGREEMENT creating the Santa Clara County Recycling and
Waste Reduction Technical Advisory Committee (“TAC”);
WHEREAS, pursuant to “Section III, Paragraph C. Attendance From A Remote Location” of the
AGREEMENT, member participation in TAC’s meetings virtually through teleconference technology was
strongly discouraged;
WHEREAS, starting in December 2020, pursuant to the first state of emergency teleconferencing
procedures and subsequently AB 361, PARTIES were routinely meeting virtually through teleconference
technology, which continues to support robust participation and communication; and
WHEREAS, PARTIES wish to enter into this FIRST AMENDMENT to revise the language in “Section III,
Paragraph C. Attendance From A Remote Location” of the AGREEMENT to remove any indication
that participation in TAC meetings virtually through teleconference technology is prohibited or strongly
discouraged and allow members to participate in TAC meetings by utilizing teleconference technology,
pursuant to the teleconferencing provisions in the Ralph M. Brown Act (Government Code Section
54953(b)) (“Brown Act”).
FIRST AMENDMENT
NOW, THEREFORE, it is agreed among the PARTIES to incorporate the above Recitals hereto, and that
the AGREEMENT is hereby amended as follows:
1.Amendment. All terms and conditions of the AGREEMENT, as attached hereto and incorporated
ATTACHMENT 2
First Amendment to MOA revised 7-18-23 Page 2 of 6
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
herein as Exhibit “1” shall remain in full force and effect except that the following amendment shall be made
as set forth below. “Section III, Paragraph C. Attendance From A Remote Location” shall be amended
and replaced in its entirety by the following:
“C. Satellite and Auxiliary Teleconferencing Attendance in Meetings.
1. Definitions:
Satellite Locations: Satellite Locations are defined in paragraph 2 below and include
designated locations that will be determined in advance by the TAC in consultation with
the Administrator.
Auxiliary Locations: Auxiliary Locations are defined in paragraph 3 below and do not
include previously designated Satellite Locations and must be approved in advance by the
Administrator.
2. Satellite Locations. Meetings of the TAC may be held via video teleconference from
multiple Satellite Locations located within Santa Clara County. Each designated Satellite
Location will be open to the public, and public comment may be made from all Satellite
Locations. The TAC shall comply with all Brown Act teleconferencing requirements,
including but not limited to, requiring a quorum of the TAC to participate from Satellite
Locations within the TAC’s jurisdiction, posting the agendas at all Satellite Locations, and
posting the members’ Satellite Location on the notice and agenda. Satellite Locations,
including number and location, shall be determined by the TAC in consultation with the
Administrator.
3 Auxiliary Teleconference Location. In the event of an unavoidable schedule
conflict, a member may participate in a meeting from an Auxiliary Teleconference
Location not previously designated as a Satellite Location via teleconferencing
technology, provided that an Auxiliary Teleconference Location meeting room or
rooms comply with all Brown Act teleconferencing requirements, including, but not
limited to, the ability to connect the Auxiliary Teleconference Location to the other
locations where TAC members are meeting and the ability for the public to address
the TAC directly. The Auxiliary Teleconference Location will be open to the public,
and public comment may be made from the separate Auxiliary Teleconference
Locations. The agenda shall be posted at each Auxiliary Teleconference Location,
and the agenda will include the member’s separate Auxiliary Teleconference Location
on the notice and agenda. The member shall comply with all Brown Act
teleconferencing requirements.
In such event, the member will notify the Administrator at least seven (7) days in
advance of the meeting and request to attend from an Auxiliary Teleconference
Location. The Administrator will advise the member if attendance from the Auxiliary
Teleconference Location is permissible. If attendance from the Auxiliary
Teleconference Location is permissible, the Administrator will comply with all Brown
Act teleconferencing requirements, including but not limited to, requiring a quorum of
the TAC to participate from teleconferencing locations within the TAC’s jurisdiction.
The member shall be responsible for posting of the agenda and public access at the
Auxiliary Teleconference Location.
First Amendment to MOA revised 7-18-23 Page 3 of 6
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
A member who attends a meeting from a separate Auxiliary Teleconference
Location outside the jurisdiction of Santa Clara County will not be included in the
count to determine a quorum; however, the member's vote will be counted. A
member who attends a meeting from a separate Auxiliary Teleconference
Location within the jurisdiction of Santa Clara County shall be included in the
count to determine the quorum.
Attendance from an Auxiliary Teleconference Location is to be used only in rare
cases of unavoidable schedule conflicts. In person and Satellite Location
attendance at meetings is strongly preferred and encouraged.
2. Except as amended by this FIRST AMENDMENT, all other applicable terms and
conditions of the original Agreement and attachments shall remain in full force and effect. The terms
of this First Amendment shall control if any conflict exists.
3. The unenforceability, invalidity or illegality of any provision(s) of this FIRST AMENDMENT
shall not render the other provisions unenforceable, invalid or illegal.
4. The PARTIES may execute this FIRST AMENDMENT in two or more counterparts, which
shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the
same instrument. The parties agree that an electronic copy of a signed agreement, or an
electronically signed agreement, has the same force and legal effect as an agreement executed with
an original ink signature. The term “electronic copy of a signed agreement” refers to a transmission
by facsimile, electronic mail, or other electronic means of a copy of an original signed agreement in a
portable document format. The term “electronically signed agreement” means an agreement that is
executed by applying a verified electronic signature using technology approved by the County.
5. The signatories to this FIRST AMENDMENT warrant and represent that each is
authorized to execute this FIRST AMENDMENT and that their respective signatures serve to legally
obligate their respective representatives, agents, successors and assigns to comply with the
provisions of this FIRST AMENDMENT.
6. This FIRST AMENDMENT is authorized by Article XII, Section G, of the AGREEMENT,
which provides that the AGREEMENT may be amended by unanimous written agreement of the
PARTIES.
[SIGNATURES ON FOLLOWING PAGE]
First Amendment to MOA revised 7-18-23 Page 4 of 6
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
IN WITNESS WHEREOF, the PARTIES have executed this FIRST AMENDMENT effective as of the
date first written above.
COUNTY OF SANTA CLARA, a political subdivision of the State of California
Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________
Name: ____________________________ Name: ____________________________
President, Board of Supervisors Deputy County Counsel
CITY OF CAMPBELL, a municipal corporation of the State of California
Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________
Name: ____________________________ Name: ____________________________
City Administrator/Manager City Attorney
CITY OF CUPERTINO, a municipal corporation of the State of California
Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________
Name: ____________________________ Name: ____________________________
City Administrator/Manager City Attorney
CITY OF GILROY, a municipal corporation of the State of California
Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________
Name: ____________________________ Name: ____________________________
City Administrator/Manager City Attorney
CITY OF LOS ALTOS, a municipal corporation of the State of California
Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________
Name: ____________________________ Name: ____________________________
City Administrator/Manager City Attorney
TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California
Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________
Name: ____________________________ Name: ____________________________
City Administrator/Manager Town Attorney
First Amendment to MOA revised 7-18-23 Page 5 of 6
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
TOWN OF LOS GATOS, a municipal corporation of the State of California
Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________
Name: ____________________________ Name: ____________________________
City Administrator/Manager Town Attorney
CITY OF MILPITAS, a municipal corporation of the State of California
Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________
Name: ____________________________ Name: ____________________________
City Administrator/Manager City Attorney
CITY OF MONTE SERENO, a municipal corporation of the State of California
Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________
Name: ____________________________ Name: ____________________________
City Administrator/Manager City Attorney
CITY OF MORGAN HILL, a municipal corporation of the State of California
Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________
Name: ____________________________ Name: ____________________________
City Administrator/Manager City Attorney
CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California
Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________
Name: ____________________________ Name: ____________________________
City Administrator/Manager City Attorney
CITY OF PALO ALTO, a municipal corporation of the State of California
Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________
Name: ____________________________ Name: ____________________________
City Administrator/Manager City Attorney
First Amendment to MOA revised 7-18-23 Page 6 of 6
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
CITY OF SAN JOSE, a municipal corporation of the State of California
Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________
Name: ____________________________ Name: ____________________________
City Administrator/Manager City Attorney
CITY OF SANTA CLARA, a chartered municipal corporation of the State of California
Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________
Name: ____________________________ Name: ____________________________
City Administrator/Manager City Attorney
CITY OF SARATOGA, a municipal corporation of the State of California
Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________
Name: ____________________________ Name: ____________________________
City Administrator/Manager City Attorney
CITY OF SUNNYVALE, a municipal corporation of the State of California
Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________
Name: ____________________________ Name: ____________________________
City Administrator/Manager City Attorney