Item 8 Staff Report Adopt Resolution Authorizing the Town Manager to Sign the Second Amendment to Agreement Providing for Implementation of the Santa Clara Valley Runoff Pollution Prevention Program (SCVURPPP)r•
O
DATE:
TO:
FROM:
SUBJECT:
COUNCIL AGENDA REPORT
January 4, 2006
MAYOR AND TOWN COUNCIL
DEBRA J. FIGONE, TOWN MANAGER
MEETING DATE: 01/17/05
ITEM NO. 3
tic
i d/1i:M,
Viv Obb
ADOPT RESOLUTION AUTHORIZING THE TOWN MA AGER TO SIGN
THE SECOND AMENDMENT TO AGREEMENT PROVIDING FOR
IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM (SCVURPPP)
RECOMMENDATION:
Adopt resolution (Attachment 1) authorizing the Town Manager to sign the Second Amendment to
the Areement (Exhibit A) providing for implementation of the Santa Clara Valley Urban Runoff
Pollution Prevention Program (SCVURPP).
BACKGROUND:
In March 2005, the Town Council authorized the Town Manager to execute the revised First
Amendment to the agreement providing for the implementation of the Santa Clara Valley Urban
Runoff Pollution Prevention Program (SCVURPP). Prior to the original agreement, the program was
known as the Santa Clara Valley Nonpoint Source Pollution Control Program. This program
represents interests of the member agencies to the San Francisco Bay Regional Water Quality
Control Board, the agency that issues the agencies (co-permitees) the permit to discharge storm water
into San Francisco Bay as required by the Federal Clean Water Act. In mid -February 2005, Santa
Clara Valley Water District made the determination that they could not continue with the status quo
of the agreement. Several issues drove this decision, primarily budgetary. The revised First
Amendment extended the agreement one year in order for a new agreement to be reached.
The revised first amendment called for the SCVURPP Program to conduct a review of the cost
sharing allocation formula and the cost of the Program by December 31, 2005. The review was done
by an independent third party and concluded that the cost sharing was in line and that the program
was well run on its limited budget.
PREPARED BY:
JOHN E. CURTIS
Director of Parks and Public Works
Reviewed by: Q `D)
Finance
Assistant Town Manager QVTown Attorney Clerk Administrator
Community Development
Revised: 1/4/06 1:34 pm
Reformatted: 5/30/02 N:\B&E\COUNCIL REPORTS\NPDES MOA-2nd Amendment.wpd
r,
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: SECOND AMENDMENT TO AGREEMENT PROVIDING FOR
IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM (SCVURPPP)
January 9, 2006
DISCUSSION:
In late December 2005, the Santa Clara Valley Water District approved the Second Amendment to
the Agreement providing for implementation of the Santa Clara Valley Urban Runoff Pollution
Prevention Program (SCVURPPP). The cost sharing allocation originally set-up in the original
agreement has remained unchanged in the Second Amendment. The Santa Clara Valley Water
District made the determination that it was appropriate for a portion of their 3 0% allocation to come
from the "Clean Safe Creeks" program.
There are two key changes to the Second Amendment. The first is that the City of Sunnyvale has
taken over the responsibility as the fiscal agent for SCVURPPP. Staff feels that this is a benefit
since Sunnyvale is not one of the large stakeholders in the cost allocation for the program.
The second change is in the term of the agreement. Unlike previous agreements which have had a
fixed time limit, this agreement expires one fiscal year after the termination of the next NPDES
permit, including any administrative extensions. This is an important change to the agreement. The
program (SCVURPPP) is currently in negotiations with the Regional Water Quality Control Board
(RWQCB)-San Francisco Bay Region concerning our renewed permit. It is expected that the next
permit will be a regional permit and encompass all the cities and counties that drain into San
Francisco Bay. It is currently estimated that the renewed permit will not be issued until at least late
2006. The term of the permit is usually for at least five (5) years; thus, the agreement will be in
effect for approximately seven (7) years. However, it is important to note that the original agreement
gives each agency that is a party to the agreement the ability to withdraw upon 30 days notice.
CONCLUSION:
With ever stricter requirements being placed on the agencies and communities in Santa Clara Valley,
it is important to have knowledgeable people representing our interests to the RWQCB. Authorizing
the Town Manager to sign the second amendment to the agreement will ensure continuation of the
Santa Clara Valley Urban Runoff Pollution Prevention Program.
ENVIRONMENTAL ASSESSMENT:
This is not a project as defined under CEQA, thus no further action is required.
FISCAL IMPACT:
No additional fiscal impact to extend the agreement.
l
(l
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: SECOND AMENDMENT TO AGREEMENT PROVIDING FOR
IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM (SCVURPPP)
January 4, 2006
Attachments:
1. Resolution Authorizing the Second Amendment
A. Second Amendment to Agreement
i. Agreement Providing for Implementaiton of SCVURPPP as of 3/10/2000
ii. First Amendment to MOA as of 3/10/2005
Distribution:
Cheri Donnelly, West Valley Clean Water Program, 18041 Saratoga -Los Gatos Rd, Monte Sereno,
CA 95030
Jill C. Bicknell, P. E., EOA, Inc., 1410 Jackson Street, Oakland, CA 94612
I
RESOLUTION 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 regular meeting of the Town Council held on the 17`h 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: /s/ Diane McNutt
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CA
ATTEST:
/s/ MarLyn J. Rasmussen
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
I LEi\-
AGR 6'6 ,
SECOND AMENDMENT TO AGREEMEN1 IH
PROVIDING FOR IMPLEMENTATION OPFw
THE SANTA CLARA VALLEY URBAN RUNOFIt
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 SUNNYVALE, 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;
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"), 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 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. 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 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 "30.02%" 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 two-thirds of the District's
contribution is expected to be derived by the District from property tax revenues.
2
3. Contracting/Fiscal Agent. 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 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. Superseding Effect. This Second Amendment of the Agreement shall
supersede and replace the First Amendment of the Agreement.
[remainder of page intentionally blank]
3
IN WITNESS WHEREOF, 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:
City of By:
Name:
Title:
Date:
4
Appendix 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:
Debra J. Figone, Town Manager
Approved as to Form By:
Orry Korb, Town Attorney
Date:
Attest By:
MarLyn J. Rasmussen, Clerk Administrator
Date:
4
AGREEMENT
PROVIDING FOR IMPLEMENTATION OF
THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM
THIS AGREEMENT, is made and entered into this day of
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 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; 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 Control 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
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JRG:MGD 10/19/99
APPENDIX 1
SCVURPPP MEMORANDUM OF AGREEMENT
Page 2 of 13
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 Califomia 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. CA0029718), adopted June 20,1990;
and
2. Order No 95-180 (NPDES Permit No. 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.
I. 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 10/19/99
1
SCVURPPP ME.. 3RANDUM OF AGREEMENT
Page 3 of 13
NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE, AS FOLLOWS:
Sect_ 1 Santa Clara Valley Urban Runoff Pollution Prevention Program
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.
Section 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 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.
2.07 Meetings of the Management Committee, including any closed sessions
with Program Legal Counsel, shall be conducted in accordance with the "Brown Act"
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JRG:MGD 10/19/99
SCVURPPP ML JRANDUM OF AGREEMENT
Page 4 of 13
(Government Code Section 54950 et seq.) The individual parties have differing
opinions on whether the Brown 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
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JRG:MGD 10/19/99
SCVURPPP MLMORANDUM OF AGREEMENT
Page 5 of 13
assist in coordination of activities with the Program Attorney 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.
Section 3. Program 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.
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JRG:MGD 10/19/99
Appendix A
SCVURPPP MEMORANDUM OF AGREEMENT Page 6 of 13
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
Comm ittee.
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 Contracting/Fiscal 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 In 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
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SCVURPPP MEMORANDUM 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 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 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 Legal 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.
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SCVURPPP ML .ORANDUM OF AGREEMENT
Page 8 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.
7.04 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 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
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 MCMORANDUM OF AGREEMENT
Page 9 of 13
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as cf the
dates shown below.
SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State cf
California
Date:
APPROVED AS TO FORM:
By: By:
Chair, Board of Directors General Counsel
ATTEST:
By: Date:
General Manager
By:
COUNTY OF SANTA CLARA, a public entity of the State of California
Date:
APPROVED AS TO FORM:
By: By:
Chair, Board of Supervisors Deputy
p ty County Counsel
ATTEST:
Date:
By:
CITY OF !'AMPAPT.r,
Date: . 12/7/99 APPROVED AS TO FORM:
By:
Name :
Title: Di h 1 ; c- Wnrk S r1 -opt
or
76075_4 MOA
By:
Name : William R. Seliamann
Title: city Attorney
JRG:MGD 10/19/99
SCVURPPP MEMO&INDUM 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 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: By:
Chair, Board of Supervisors Deputy County Counsel
A11hST:
Date:
Date:
By:
CITY OF CUPERTINO
i— Z9.— APPRO TO FOp
By:
ame: John Statton ame : Charles Kilian
Tide: Vice Mayor, City of Cupertino
runoff agreement
Title: City Attorney
JRG:MGO 10/19/99
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 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:
B y:
COUNTY OF SANTA CLARA, a public entity of the State of Califomia
Date: APPROVED AS TO FORM:
By: By:
Chair, Board of Supervisors Deputy County Counsel
ATTEST:
Date:
CITY OF LOS ALTOS
Date: APPROVED AS TO FORM:
By: By:
By:
Name: Philip E. Rose Name: Robert K. Booth
Title: City Manager Title: City Attorney
By:
MOA.doc
JRG:MGD 10/19/99
SCVURPPP MEMORANDUM OF AGREEMENT Page 9 cf 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 politic of the State of
California
Date: APPROVED AS TO FORM:
By:
By:
Chair, Board of Directors General Counsel
ATTEST:
By: Date:
By:
COUNTY OF SANTA CLARA, a public entity of the State of California
Date: APPROVED AS TO FORM:
General Manager
By:
Chair, Board of Supervisors
Date:
By:
CITY OF Los Altos Hills
1/6/00
Mark Miller
City Manager
76075_4 MOA
By:
Deputy County Counsel
ATTEST:
Date:
By:
APP ' OVED AS TO F RM:
By: /l<:► J a..-�
Name:
Title: City Attorney
JRG:MGD 10/19/99
SCVURPPP ME; ANDU'L1 OF AGREEMENT
Page 10 of 13
CITY OF CAMPBELL
Date:
APPROVED AS TO FORM:
By:
By:
Name :
Title:
Date:
TOWN OF LOS GATOS
By:d
Name:vdvtt7 w t M4N
Title: 7-0-
Date:
By:
CITY OF MONTE SERENO
Name:
Title:
Date:
CITY OF SARATOGA
Name:
Title:
APPROVED AS TO FORM:
By:
Nam :
Title: ,��r�o�.vt AN 'l. CO,SGRC`,
W.N CLERK -
ATTE T:
APPROVED AS TO FORM:
By:
Name:
Title:
APPROVED AS TO FORM:
By: By:
Name: Name:
Title: Title:
MOAfinal
JRG:MGD 10/19/99
-3-
COUNTY OF SANTA CLARA, a public entity of the State of California
Dace:
By:
APPROVED AS TO FORM:
Chair, Board of Supervisors e D
Deputy County Counsel
Date:
By:
CITY OF Milpitas
ATTEST:
Date:
By:
APPROVED AS TO FORM:
By:
e:4111a at^1 inn__
T' e: Actincr Ci y Manager Title:
Date:
By:
CITY OF
Name:
Title:
Date:
Bv:
CITY OF
APPROVED AS TO FORM:
By:
Name:
Title:
APPROVED AS TO FORM:
By:
Name :
Name :
Title:
Title:
SCVURPPP ME: ,CRANDUM OF AGREEMENT
CITY OF CAMPBELL
Date:
APPROVED AS TO FORM:
By: By:
Name:
Title: Name :
Title:
Date:
By:
TOWN OF LOS GATOS
Name:
Title:
CITY OF MONTE SERENO
Date: December 7, 1999
By:
Date:
By:
CITY OF SARATOGA
Name:
Title:
MOA fin al
APPROVED AS TO FORM:
By:
Name:
Title:
APPROVED AS TO FORM:
By:
N='•'•'obert Logan
Title: city Attorney
APPROVED AS TO FORM:
By:
Name:
Title:
Page 10 cr 13
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:
Chair, Board of Directors
By:
General Manager
By:
General Counsel
ATTEST:
Date:
By:
COUNTY OF SANTA CLARA, a public entity of the State of Califomia
Date:
By:
Chair, Board of Supervisors
CITY OF it/lot.).-vkatr\ VI .LJ
Date:
By:4f
Name :
Title:
CITY OF
76075 4.doc
10
APPROVED AS TO FORM:
By:
Deputy County Counsel
ATTEST:
Date:
By:
APPROVED AS TO FORM:
By:
Name :
Title:
SCVURPPP MEMORANDUM OF AGREEMENT
Page 9 of 13
dates shown below.
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as cf the
SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State cf
California
Date:
By:
Chair, Board of Directors
APPROVED AS TO FORM:
By:
General Counsel
ATTEST:
By: Date:
General Manager
By:
COUNTY OF SANTA CLARA, a public entity of the State of California
Date: APPROVED AS TO FORM:
By: By:
Chair, Board of Supervisors Deputy County Counsel
ATTEST:
Date:
By:
CITY OF ' /o l74,
Date: / / APPROVED AS TO FORM:
/j��
By: Z
- / (� , ,, ,L _ By: i-Q-ak_. 6. . 4____
Name- ;
'r"' ,.� Name .Z4i5ayl ,
Title: .'.; / , i, .'i si
MOA 10-28_99.doc
Title: S.t.- Coy- A4s.st,
JRG:MGD 10/19/99
SC VUREpp MEMORANDUM OF AGREEMENT
Page 12 of 13
Date:
By:
CITY OF
Name:
Title:
CITY OF SANTA CLARA
Date: November 30, 1999
8
ATTEST: C oc,4
��
tT Clerk
TY
Date:
By:
Name :
Title:
Date:
By:
CITY OF
APPROVED AS TO FORM:
By:
Name :
Title:
APPROVED AS TO FORM:
me . Jennifer S.aracino By: 2-0
le: City Manager Name : �c GNk CZ� RE.
Title: t�C p�ZY CiT`r AT T fkiZ y
APPROVED AS TO FORM:
By:
Name :
Title:
APPROVED AS TO FORM:
Name : By:
Title: Name :
Title:
NPS Model MOA 1999
JRG:MGD 10/19/99
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 CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of
California
Date:
By:
APPROVED AS TO FORM:
Chair, Board of Directors By.
General Counsel
ATTEST:
By: Date:
General Manager
By:
COUNTY OF SANTA CLARA, a public entity of the State of California
Date:
By:
Chair, Board of Supervisors
CITY OF Sunnyvale
Date:
By:
Name : °obert • . LaSala
Title: Cit Mana er
76075_4 MOA.doc
APPROVED AS TO FORM:
By:
Deputy County Counsel
ATTEST:
Date:
By:
APPROVED AS TO FORM:
By:
Name : Valerie J. Ar:nento
Title: Cit'v Attorney
JRG:MGD 10/19/99
SCVURPPP MEMG,-c4NDUM 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 politic of the State of
California
Date:
APPROVED AS TO FORM:
By: By:
Chair, Board of Directors General Counsel
By:
General Manager
ATTEST:
Date:
By:
COUNTY OF SANTA CLARA, a public entity of the State of Califomia
Date: DEC 14 1999
APPROVED AS TO FORM'
By:
Chair, Board of Superviso
Date:
CITY OF
By:
Deputy Coun
ATTEST:
DEC 14 1999
Date:
By:
Counsel
PICy !Is A. Perez, Cletk d'
Board of Supervisors
APPROVED AS TO FORM:
By: By:
Name :
Title:
Name :
Title:
SCVURPPP MEMORANDUM OF AGREEMENT
Page 9 of 13
a•d
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
DEC 2 1 1999
Date: APPROVED AS TO FORM:
By:
Chai
of Directors
By:
General .unsei
ATTEST:
Date:
By:/
COUNTY OF SANTA CLARA, a public entity of the State of California
Date: APPROVED AS TO FORM:
By: By:
Chair, Board of Supervisors Deputy County Counsel
ATTEST:
Date:
CITY OF
By:
Date: APPROVED AS TO FORM:
By: By:
Name: Name:
Title: Title:
76075_4 MOA
1..282-992(eOb) aQ t, }O s, >1�a i0 OP1h05
JRG:MGO 10/19/99
dse:co 66 Ia mar
JRG:MJD
3/5/00
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: By:
Chair, Board of Directors General Counsel
ATTEST:
By: Date:
General Manager
By:
COUNTY OF SANTA CLARA, a public entity of the State of California
Date: APPROVED AS TO FORM:
By: By:
Chair, Board of Supervisors Deputy County Counsel
ATTEST:
Date:
By:
CITY OF SAN JOSE
Date: 3/DI APPROVED AS TO FORM:
By: /A A. , c By: ! P"{,tQ../aie'AdV
f •
�-- me: Jenn ferg aguire �'
Title: Assistant to the City Manager Title: Senior Deputy City Attorney
76075_4
10
Name: Mollie . Dent
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 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 Califomia; 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 Califomia;
CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO
ALTO, a municipal corporation of the State of Califomia; 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 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
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"). 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
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.
2
u
IN WITNESS WHEREOF, The Parties have executed this Amendment effective as of
March 10, 2005.
Santa Clara Valley Water District By:
Name:
Title:
C— aC9
Date:
County of Santa Clara: By:
Name:
Title:
Date:
City of : By:
Name:
Title:
Date:
3
CA, Cr.7?
c.; t!i Z-40 ') • A, Ai
IN WITNESS WHEREOF, The Parties have executed this Amendment effective as of
March 10, 2005.
Santa Clara Valley Water District By:
Name:
Title:
P'L 4,.f
Pd
Date: .//4/4‘r-
County of Santa Clara: By:
Name:
Title:
Date:
Clty of Campbell
: By:
Name: Robert Kass
Title: Interim City Manager
Date: 3 ,2\to
3
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.
IN WITNESS WHEREOF, The Parties have executed this Amendment effective as of
March 10, 2005.
Santa Clara Valley Water District By:
County of Santa Clara:
City of Cupertino:
Name:
Title:
Date:
By:
Name:
Title:
Date:
By:
Name:
Title:
Date:
2
D 17
IN WITNESS WHEREOF, the Parties have executed this Amendment effect:Ye as
March Ili, 2005,
Santa Clara Valley Water District: By:
Name:
Date:
County of Santa Clara: Bv:
Natne:
Title:
Date:
City of Los Altos_: By:
Name: Philip E. Rosc
Title: Cin. Manager
Date:
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: By:
Name:
Title:
Date:
Town of Los Altos Hills: By: (C4�"
Name: Maureen Cassingham
Title: City Manager
Date: ! • ' a/14, (ep% £ Z605—
IN WITNESS WHEREOF,The Parties have executed this Amendment effective as of
March 10, 2005.
Santa Cfara Valley Water District By:
Name:
Title:
Date:
County of Santa Clam: By:
Name:
Title:
Date:
Town of Los Gatos: By:
Date:
Approved as to Form 8y
Date:
Attest By
Date:
Debra 7 tgdna.J w1t Manager
orb, Town Attorney
44417
Mart JMartin sn, lent Administrator
3
NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE AS FOLLOWS:
Section 6.
Section 6.02 of the Agreement is hereby amended as follows:
6.02 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 The Program shall conduct an independent review by December 3 t, 2005
to evaluate the MOA's cost allocation formula and evaluate the term,
scope and cost of the Program MOA.
IN WITNESS WIIEREOF, The Parties have executed this Amendment as of March 10, 2005.
Santa Clara Valley Water District: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
City of MILPITAS
APPROVED
DATE
CITY ATTORNEY
Date:
2
By:
Name: Ch. R. Lawson
Title: Acting City Manager
Date:
2
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: By:
Name:
Title:
Date:
City of r 1 04-1- Srena : By:
Name:
Title:
Date:
>exJge
3
IN WITNESS WHEREOF, The Piirtics have executed this Amendment elfcclive ns
March ?O. 2005.
Santa Clara Valley Water District: 13y:
County of Santa Clara: By:
City of Mountain View: 13y:
Name:
Title:
Date:
Name:
Title:
Date:
Name: Kevin Duggan
Title: City Manager
Datc: Martin ci
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: By:
Name:
Title:
Date:
City of Palo Alto : By:
Name: Jim Burch
Title: Mayor
Date: March 10 , 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:
City of Saratoga:
By:
Name:
Title:
Date:
By: �---�"
Name: Dave Anderson
Title: City Manager
Date: (C.,-)-Cc-7
ATTEST:
City Clerk
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: By:
Name:
Title:
Date:
City of San Jose: By:
Name:
Title:
Date:
PETER JE
ASSISTANT TO THE CITY MANAGER
7-iaor
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: By:
Name:
Title:
Date:
City of $cwtl-a Ciars� : By: y 11'�clth
Name: / hn. e.r S parse, r16
VED AS TO
D D. PFEIF
tant City Atto
Title: c ;4Y Marta9 e r
Date: P I L arr-11 E3, a061_6
rE T:
City Clerk
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: By:
Name:
Title:
Date:
City of Sunnyvale: By:
Name: Amy Chan
LbiihA
Title: City Manager
Date: 3-/'7-o.-
Approved as to Form: By: 1 1R
Name: Joan Borger
Title: Acting City Attorney
Date:
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: By:
Name:
Title:
Date:
Krf)65
�ZZ MSS
CHAla BOARD OF SUPERV1SQR3
MAR 0 1' 2005
City of : By.
Name:
Title:
Date:
Attest
Phyllis Pe
Date:
erk of the Board cfpervisors
MAR 0 2005
Approved as to form and legality:
Ka y KretICitlmer, Deputy County Counsel
Date:
SCVURPPP FIRST AMENDMENT 3
Town Council Minutes
Redevelopment Agency
January 17, 2006
Los Gatos, California
7:13 PM
CONSENT ITEMS
#1-15
ITEM #1,9, and 10
WERE PULLED
AND HEARD
AFTER OTHER
BUSINESS
TOWN COUNCIL
2. Ratify payroll for the month of December. 2005. (2-V)
3. Ratify accounts payable for December, 2005. (3-V)
4. Approve Council Study Session minutes of December 19, 2005.
(4-V)
5. Accept donation of up to two drinking fountains from the Rotary
Club of Los Gatos for placement in two Los Gatos parks. (5-33)
6. Proposed Financial/Human Resources Software Information System
Upgrade (6-42)
a. Authorize Town Manager to negotiate and enter into an
agreement with Sungard Pentamation to upgrade the Town's
Financial/Human Resources Software Information System.
b. Authorize budget adjustment for the Sungard Pentamation
upgrade project in the amount of $400,000 from available set
aside funds in the Town's Management Information System
(MIS) Services Fund.
7. Adopt a resolution authorizing Disadvantaged Business Enterprise
(DBE) participation for use on Department of Transportation funded
projects for Fiscal Year 2005-06. (7-23)
RESOLUTION 2006- 001
8. Adopt resolution authorizing the Town Manager to sign the second
amendment to the agreement providing for implementation of the
Santa Clara Valley Urban Runoff Pollution Prevention Program
(SCVURPPP). (8-40) RESOLUTION 2006-002
11. Award of Contract for Project 04 64 —Installation of equipment
for the Chiller/cooling Tower Replacement Improvements. (11-15)
a. Adopt resolution declaring Therma Corporation to be the lowest
responsible bidder on the project and awarding a construction
contract in the amount of $311,123.00. RESOLUTION 2006-
005
b. Authorize staff to issue change orders to the construction
contract up to an amount of $30,000.
c. Authorize budget adjustment in the amount of $152,647 from
Building Maintenance Fund Balance 695-36000 to account
6695-84553.
Page 2 of 12
N:\COUNCI L\MINUTES120061M200601 17.doc
Town Council Minutes
Redevelopment Agency
January 17, 2006
Los Gatos, California
CONSENT ITEMS
#1-15
Continued
ITEM #1,9 and 10
WERE PULLED
AND HEARD
AFTER OTHER
BUSINESS
12. Mountain Laurel Lane (Tract No. 9505 — Shannon Valley Ranch) —
Easement Abandonment and Dedication. (13-25)
a. Adopt resolution ordering the summary vacation of a portion oi
excess public service easement and trail easement at 290
Mountain Laurel Lane (Lot ).
RESOLUTION 2006- 006
b. Accept dedication of public service and trail easement at 290
Mountain Laurel Lane (Lot 5).
c. Accept dedication of trail easement at 290 Mountain Laurel
Lane (Lot5).
d. Accept dedication of public service easement and trail easement
at 299 Mountain Laurel Lane (Lot 6).
e. Accept dedication of public service and trail easement at the end
of Mountain Laurel Lane (Lot 14).
f. Adopt resolution granting an easement to include a gas line in
the existing private water line easement in parcel C of Tract No.
9505. RESOLUTION 2006-007
REDEVELOPMENT AGENCY
13. Ratify accounts payable for December, 2005. (13-V)
TOWN COUNCIL/REDEVELOPMENT AGENCY
14. Approve Council/Agency minutes of December 19, 2005. (14-V)
15. Accept the 2004/05 Comprehensive Financial Report (CAFR) and
Management Letter. (15-9)
Motion by Mr. Glickman to approve Consent Items #2-8, and #11-15.
Seconded by Mr. Wasserman
7:14 PM
MAYOR CALLED
THE QUESTION
Carried unanimously.
7:15 PM
VERBAL
COMMUNICATION
Mr. Davis
• Complimented his barber
• Commented on the lack of sidewalk on Blossom Hill Road
Marian Cosgrove
• Commented regarding FPPC Form 700
• Commented regarding gift she is returning
Y
7:19 PM
CLOSED VERBAL
COMMUNICATION
Page 3of12
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