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08 Staff Report - Santa Clara Valley Urban Runoff Pollution Prevention Program~pW N 0 COUNCIL AGENDA REPORT !ps • GAS~S DATE: January 4, 2006 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER MEETING DATE: 01/17/05 ITEM NO. 13 SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER 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: i 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: Assistant Town Manager Town Attorney Clerk Administrator Finance Community Development Revised: 1/4106 1:34 pm Reformatted: 5/30/02 N:\B&E\COUNCIL REPORTS\NPDES MOA-2nd Amendment.wpd 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. 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: 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 RESOLUTION 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`i' day of January, 2006 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Attachment 1 SECOND A1VIIvNDT<IEIVT TO ~1 GR;l✓J~'NlEN T PROVIDING FOR IMPLEMENTATION OF THE SANTA: CLARA VALLEY URBAN RUNOFF POLLUTION.PREVV,NTION PROGRAM THIS SI CO.ND AMENDMENT TO AGREEMENT PROVIDING FOR IMPLEMENTATION OF THE SANTA 'CLARA VALLEY URBAN R014OFF pOLL UTION 1'.R8VENTIO N PROGRAM (the "Amendment")is entered into by and between the SANTA. CLAVA VALLEY WATER DISTRICT;, a local Public.ag`enpy of the State ofCalifomia.("District"y; 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 corpoxation oftho State of California; TOWN OF LOS ALTOS RILLS, a rnunioipa.I corporation of the State of Cgifamia; TOWN OF LOS GATOS., a:municipal corporation of the State of California; CITY OF IMILPIT,, 5, a municipal corponatio:n•of the State of California CITY OF 1v ONT'E S;=RENO, a municipal. corporation of the State ofCallfornia; CITE.'' OF MOiJNTA:IN VIEW, -a riaunicipal corporation of the: State of Califtnia;: CITY OF P U Q ALTO.,w municipal corporation of the State ofC:a.l f'ornia; CITY Of` SAN JOSI~, a,mugtrci,Iial corporation of the State of Califbrida CITY G)+ SANTA CLARA, a municipal corporation of fhe: State.:of Califortila; CITY OF SAARATOOA, a rnunioipa]. corporations. of the State of California;. CITE'' OF S iYVALE, a munkipal oorporatiomof the State of :Ca]ifbTnia;. and COUNTY aF SANTA CLA:RA, a political subdivWon.of`tho State of. California, All of the boveinentlorre~l. antis: ark lioreiraftex colleCtivelJ.reforrcl to " Sa:rties" or inrlMdually as "l :itarty RI✓C1<TA:LS A. The Parties previously entered into that certain. Agreement Providing For Impilcttientation of the Santa ClaraValley Urban Runoff Pollution Prevention Program, (the "Agreement" or "'NI.OA") Pursuant to which the Pattics`estabWhed:co.ctaimerrns and conditions relating to tlxe implementation and oversight ofibee Santa ClaraNalley Urban Runoff Pollution Prevent an Program (the "Progra ii")„ ir.l.dIuding a' do.st sharing allocation, which was appended 'thereto as Exhibit A. A copy of the Agro' eat, including Exhibit A, is attached hereto as A.pperidix Unless otherwise set forth.homin, all terms shall have the meaning set:forth in the Agreement; B. The Agreement originally provided for a five year tertnl, which; laascGl on its e~ eculi.otl., was set to :conclude on .car about March.W, 2Qp5,. FTo~tever,. an.ot about Fe:bruaxy 20, 200, th.eTarties unanimously enteredinto. a First .Atxieridi7ient to the Agreement (aktadhed.hereto asAppend c 2); which; extended the term of the Agreement by one additional year ant', during that year, directed the Program to tindfmake 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 Ivlanat ement Commiu= in Noven*er.2005; sf-205129& XHIMI C. The Parties expect to utilize the Progrwn to ~corttin.ue to represent their interests. in negotiating the terms of a renewed:NPDES Permit, which may rnanrfest itself in a Municipal. Regional permit in 200f, acid to otherwise address a variety of matters related to assisting the PkIles in effectuating complianco with .the'Permit' and/or MR-P Ater March 10; 2006; DJ The Parties also expect to continue to utilize: the Program's preferred approach of ach cArIg consensus to resolve issues anti reach decisions, and to .rely on the Majority Vote mechanism. set forth in Section 2,06 of the Agreement at the Management Committee level. only,Ahen consensus-based resolutions appear or become elusive; E, The Parties desire to update the Agreement and axrend the term of" the MOA as set forth Belo-r; F. Sectiota 7.022-of the MOA provides thavimay be amended by t1w unanimous .written agreement of tho parties and that a:tl. Parties agree to bring any proposed amendments to their Council or Board, as applicable, within three (5) montlis following acceptance by the Management Committee; and. . The Program's Management Conuuiftee accepted this Amendment for refezxaC to the Parties' CQUrcils andJox Boards at its meating, oz~eceraabet NOW, (.J.~Y;C~"i1~.4Ct,[~.(l t.C'IJ.L`~.C+7 THE 'Jl 11:LZ. RE W' FURTHER AGE Recognition of CLxrrentperntit recital l?:oftheAgre.eznentis-hemby amended by the f'bilowing addlti aal siibsecci rrs; 3. Order Igo, 0;1-~24 (re-rssued:2~lS~J~I:. 1'ert~i°t l~to: CASU2~718); adapted. R6ru6ry 21, 2001; 4, Order 14-o. 01-1 l9 (Modification to reissued NPDE5 Permit No. CM029718), adopted C}Gtober 17, 2001 5> -Order No k2-2005-'0035 (Purtber Modifi:aation tore :issued MIMES Permit Ilro,. CAS02971 ;adopted Jtly 20; 2005. .2. Cost sbaxingA location. 1✓ffectiive7,lith frseal year 2007; the $olldwix►.g footnote. shall be deeded to liave.beexr added to ' l .xhibit All cif the MOA artd to be hown by means of an asterisk placed zplrnedia;tely f°ollowin-9 the Proportional Share of ".3.0.0:21/e' ,shown for :the District: *0rie-third: of the District's 3Q:Q2% contribution is expected to be from funding derived by,the District from Outcome 2 and Aa-tivity 24 d-iho voter-adopted Clean Safe Creeks progra.na, the..reniaWn.g two,-thirds of die District's contribution is cxpeGted to be derived by the District from property tax xevelmes. sf=2051.296 2 3, Contracting/Fiscal Agent, Section 4:02: of the A.gwement is hereby replaced by the following, In. March 2005, the Distriot.r otiffed the Management Committee that it was withdrawing as the Contract raglFiscal 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 arrd solected .as the Pfograhiss°Contracting/fisoal Argent by a majority Cite of the Maaagement Committee, The City of Sumyvale.rrray withdraw as the Contracti-ng/Flscal Agent upoxr. the. provision of ninety (90) days wr j-ten notice to the Manapment Committee, 4.. _Pxtemion offerm .of regimen Sections G,02 and 6.02,0'l ofthe Agreement, as previously amended, are .hereby replaced as follows. This Agreerno6t shall have a term extending on:c fiscal year beyond the termination date oftlt:e next NP-DE Pernirt isswed to the Parties by the nWQQMFB;R, sudh termination date shall include any adm xlistzatir e e tension the Text l'PDES. Pormit':s term w. h oli occurs pursuant to tha NT DE? , regulations= -Pef5gdih ffegi. This Second Amendment:af the Agmeerner~t shall supersed. e and rep[ace the First. Amendment of the ,A.gxeement. [remainder of.page intentiot:atly bTanlc sI-20S1296 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: Debra J. Figone, Town Manager Date: _ 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 Califomia;.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 760754 MOA 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 California Regional Water Quality Control Board - San Francisco Bay Region (RWQCB-SFBR) to administer the NPDES permit process within its region. F. Pursuant to Section 402 (p) of the CWA and EPA regulations, the RWQCB-SFBR adopted the following orders further defining the program that the PARTIES are to develop and implement: 1. Order No. 90-094 (NPDES Permit No. 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. 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. 760754 MOA JRG:MGD 10/19/99 SCVURPPP MEMORANDUM OF AGREEMENT Page 3 of 13 NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE, AS FOLLOWS: Section 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" 760754 MOA JRG:MGD 10/19/99 SCVURPPP MEMORANDUM 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 760754 MOA JRG:MGD 10/19/99 SCVURPPP MEMORANDUM 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. 760754 MOA JRG:MGD 10119/99 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. Committee. 4.05 The Contracting/Fiscal Agent shall be the treasurer of Program funds. The Contracting/Fiscal Agent, in accordance with generally accepted accounting procedures, shall keep the Program funds segregated from any other funds administered by the Contracting/Fiscal Agent; shall credit the Program with appropriate interest income earned on Program funds in each fiscal year; and shall not expend any funds except in accordance with the annual budget approved by the Management Committee or as otherwise directed by the Management Committee. 4.06 The Contracting/Fiscal Agent shall provide a copy of any contract executed on behalf of the Program to any PARTY or person designated by any PARTY or the Management Committee upon request. The governing body of the 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 760754 MOA JRG:MGD 10/19199 SCVURPPP MEMORANDUM OF AGREEMENT implementation; and Page 7 of 13 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. 760754 MOA JRG:MGD 10/19/99 SCVURPPP MEMORANDUM 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. /I/ 760754 MOA JRG:MGD 10119/99 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: Chair, Board of Directors By: General Manager By: General Counsel ATTEST: Date: By: COUNTY OF SANTA CLARA, a public entity.of the State of California Date: APPROVED AS TO FORM: By: Chair, Board of Supervisors By: Deputy County Counsel ATTEST: Date: By: CITY OF CAMPRFT.T. Date: 12/7/99 APPROVED AS TO FORM: By: By: Name : Dame : William R. seligmann Title: pl, ; r ranrL . 11i rA~t or Title: City Attorney 760754 MOA JRG:MGD 10119/99 SCVURPPP MEMORANDUM OF AGREEMENT Page 9 of 93 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: Chair, Board of Supervisors CITY OF CUPERTINO Date: fJJ game: John Statton Title: Vice Mayor, City of Cupertino runoff agreement By: Deputy County Counsel ATTEST: Date: By: APPRO D ~4 TO FORIv By: Gam' ame : Charles Kilian Title: City Attorney 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: Chair, Board of Directors By: General Manager APPROVED AS TO FORM: By: General Counsel ATTEST: Date: By: COUNTY OF SANTA CLARA, a public entity of the State of California Date: APPROVED AS TO FORM: By: By: Chair, Board of Supervisors Deputy County Counsel ATTEST: Date: By: CITY OF LOS ALTOS Date: o ember 22. 1 By: Name: Philip E. Rose Title: City Manager APPROVED AS TO FORM: By: Name: Robert K. Booth Title: City Attorney MOA.doc JRG:MGD 10/19199 SCVURPPP MEMORANDUM OF AGREEMENT Page 9 of 93 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: Chair, Board of Directors BY: General Manager APPROVED AS TO FORM: By: General Counsel ATTEST: Date: By: COUNTY OF SANTA CLARA, a public entity of the State of California Date: APPROVED AS TO FORM: By: Chair, Board of Supervisors CITY OF Los Altos Hills Date: 1/6/00 By: f Name: Mark Miller Title: City Manager 760754 MOA By: ' Deputy County Counsel ATTEST: Date: By: APP OVED AS TO F RM: ~bC~ By: pwk rtx~ ~ Name : and Sloan Title: City Attorney JRG:MGD 10/19/99 SCVURPPP MEMORANDUM OF AGREEMENT CITY OF CAMPBELL Date: By: Name: Title: TOWN OF LOS GATOS Date: t Z. Z_ ill By: Z Name : L j .cm If 4 Title: Aka_ tee 5 CITY OF MONTE SERENO_ Date: By: Name : Title: CITY OF SARATOGA Date: By: Name: Title: APPROVED AS TO FORM: By: Name: Title: Page 10 of 13 APPROVED AS TO FORM: ATTEST: r By: Nam c~Ry ~ORd -MARIAN V. CG,.SGRO': Title:_ i 7-wAl ~rlp y T WN CLERK - APPROVED AS TO FORM: By: Name: Title: APPROVED AS TO FORM: By: Name: Title: MOAfinal JRG:MGD 10/19/99 -s- COUNTY OF SANTA CLARA, a public entity of the State of California Date: APPROVED AS TO FORM: By: Chair, Board of Supervisors By: Deputy County Counsel ATTEST: Date: By:. Date: By: e:,TunP Catai ann :Acting City Manacrer Date: By: Name: Title: CITY OF Date: BY: Name: Title: CITY OF Milpitas APPROVED AS TO FORM: By: r Arne:. , 6Q h: rill Title: . C ' APPROVED AS TO FORM: By: Name: Title: APPROVED AS TO FORM: By: Name: Title: CITY OF SCVURPPP MEMORANDUM OF AGREEMENT Page 10 of 13 CITY OF CAMPBELL Date: By: Name: Title: APPROVED AS TO FORM: By: Name: Title: TOWN OF LOS GATOS Date: By: Name : Title: APPROVED AS TO FORM: By: Name : Title: CITY OF -MONTE SERENO_ APPROVED AS TO FORM: Date: December 7, 1999 By; By: Name . Jack Lu as N Robert Locran Title: Mayor Title: City Attorney CITY OF - SARATOGA Date: By: Name: Title: APPROVED AS TO FORM: By: Name: Title: MOAfinai 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: By: Chair, Board of Directors General Counsel ATTEST: By: Date: General Manager By: COUNTY OF SANTA CLARA, a pu blic 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 M0101,~avn VICW Date: By: va Name Title: APPROVED AS TO FORM: By: Name Title: CITY OF 76075 4.doc 10 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: Chair, Board of Directors 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 APPROVED AS TO FORM: By: General Counsel ATTEST: ATTEST: Date: By: CITY OF /a/o /9 /-/-0 Date: /L By: Name- Title: APPROVED AS TO FORM: By: cJ, C. ~ Name: .S-~ sa,r, , e s L Title: S~z..,-z L o r A-s~~, C~~ A't'+o E-n eat MOA 10-28-99.doc JRG:MGD 10/19/99 SCVURPPP MEMORANDUM OF AGREEMENT CITY OF Date: By: Name: Title: CITY OF SANTA CLARA Date: November 30, 1999 By. L me : ;Jennifer S aracino xle: City Manager ATTEST: CC< ac~4 ,,,t t ,Ty 8vy C erk Date: By: Name: Title: CITY OF APPROVED AS TO FORM: By: Name: Title: APPROVED AS TO FORM: By: zlq wu ^c2 Name : ftCnJA rLA k R -%:z Title: Dt PvTt' C AT-To(LeJ+=Y APPROVED AS TO FORM: By: Name: Title: Date: APPROVED AS TO FORM: By: By: Name: Name: Title: Title: Page 12 of 13 NPS Model MOA 1999 JRG:MGD 10119/99 SCVURPPP MEMORANDUM OF AGREEMENT Page 12 of 13 CITY OF Date: APPROVED AS TO FORM: By: Name: Title: CITY OF 1~ k~TC Date: By: ttCtlt+, Name: Title: eery M 4AJ4,4r 9 CITY OF Date: By: Name: Title: CITY OF Date: By: Name: Title: By: Name: Title: APPROVED AS TO FORM: By: Name : Title: L : k-i APPROVED AS-TO FORM: By: Name: Title: APPROVED AS TO FORM: By: Name: Title: 760754 MOA JRG:MGD 10119199 SCVURPPP MEMORANDUM OF AGREEMENT Page 13 of 13 EXHIBIT A SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM SCHEDULE OF COST-SHARING PROPORTIONS Jurisdiction Proportional Share Campbell 1.88% Cupertino 2.46% Los Altos 1.59% Los Altos Hills 0.43% Los Gatos 1.74% Milpitas 2.75% Monte Sereno 0.14% Mountain View 3.91% Palo Alto 4.06% Santa Clara 6.23% Saratoga 1.59% Sunnyvale 7.25% Santa.Clara County 5.94% Subtotal 39.97% San Jose 30.01% District 30.02% TOTAL 100.00% 760754 MOA 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: Chair, Board of Directors By: General Manager APPROVED AS TO FORM: By: General Counsel ATTEST: Date: By: COUNTY OF SANTA CLARA, a public entity of the State of California Date: APPROVED AS TO FORM: By:_ Chair, Board of Supervisors By: Deputy County Counsel ATTEST: Date: By: CITY OF Sunnyvale Date: B y.~~~ Name: Robert LaSala Title: City manager APPROVED AS TO FORM: B y: Name : Valerie J. Armento Title: City Attorney 760754 MOA.doc JRG:MGD 10199199 SCVURPPP MEMORANDUM OF AGREEMENT By: COUNTY OF SANTA CLARA, a public entity of the State of California Date: DEC 141999 APPROVED AS TO FORM- . . By: By: ~ Chair, Board of Supervise Deputy Coun Counsel ATTEST: Date: DEC 141999 By: 01,A, Q. O Pi y6ls A. Perez, Clerk d' CITY OF Board of Supervisors Date: APPROVED AS TO FORM: 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: Chair, Board of Directors APPROVED AS TO FORM: By: General Counsel ATTEST: By: Date: General Manager By: By: Name : Name : Title: Title: 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: DEC 21 1999 APPROVED AS TO FORM: By: Chai , o of Directors By: General unsel By : General n ger ATTEST: Date: By. COUNTY OF SANTA CLARA, a public entity of the State of California Date: APPROVED AS TO FORM: By: Chair, Board of Supervisors By: Deputy County Counsel ATTEST: Date: By: CITY OF Date: By: Name: Title: 760754 MOA APPROVED AS TO FORM: By: Name: Title: JRG:MGD 10119/99 E - d G282-992(8019) aOTJJD s `~iJa10 Qml10S d6E:E0 66 I2 oaQ 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: 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 Dater APPROVED AS TO FORM: By: Chair, Board of Supervisors By: Deputy County Counsel ATTEST: Date: By: CITY OF SAN JOSE Date: 6-D APPROVED AS TO FORM: By: By: me: Jenn fer A. aguire Name: Mollie . Dent Title: Assistant to the City Manager Title: Senior Deputy City Attorney 760754 10 FIRST AMENDMENT TO AGREEMENT PROVIDING FOR IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM This first amendment to Agreement providing for implementation of the Santa 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 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 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 MONs cost allocation formula and evaluate the term, scope and cost of the Program MOA. 2 :t, 1r..:~d;~^`•.:>}.r '.,a.+"`,y'•,`r".`^,y'u""-[~..SrT`~',`~,.'.~.i"%"~:,.'~T~~ ¢'~i" r.rd.l„(' `P` lt,x o: nL .~:r,~ eR ,;'~.~J p:4Kmr~?~r d. xNx hk J:a. § r:r (.,r .xJy}5~., s.- ,_k:.wa IN WITNESS WHEREOF, The Parties have executed this Amendment effective as of March 10, 2005. Santa Clara Vattey Water District: By: Name: ,w c ,rr^ Title: -1 Se", Date: County of Santa Clara: By: Name: Title: Date: City of Campbell By: Name: Robert Kass Title: . Interim City Manager - Date: 3JAZ 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 M©A'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: Name: Title: Date: County of Santa Clara: By: Name: Title: Date: City of Cupertino: By: Name: )(A t tnJ ~ P~/ f~G Title: Date: "S' f o 2 IN WITNESS WHEREOF, the Panics have executed this Amendment effectit e as of March 10, 2001. Santa Cland Valley WaterDistrict.• By. Dame: 't'itle: Datc: County ofs"ta Clara: By. Name: 't'itle: Date: City of Los Altos : Bt-: ~ f Name: Philip E. Rose Title. City 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: Name: Title: Date: n Maureen Cassingham City Manager 3 IN WrT NESS WHEREOF,. The Parties have executed this Amendment effective as of March 10, 2005, Santa Clara Valley Water District: By: Name: Title: Sate: County of Santa Clara: By. Name: Title- Date- Town of Los Cato : By: Debra I lg Manager Date: Approved as to Form By orb, Town Attomsy Date: Attest By.. Marl J 0n, lark Administrator Date: 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 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 as of March 10, 2005. Santa Clara Valley Water District: Sy: Name: Title: Date: C'aunly of Santa Clara. By: Name: Title: City of MILPITAS APPROVED CITY ATTORNEY Date: By: Maine 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.- f f JC~nC> By: ` Name: ` c*t a' Title: QA/ A Date: 3 IN WITNESS A'HERE0j,'. 'I'hc Parties have executed this Amendmcnt efteclive as tlf March 10, 2005, Santa Clara Valley Water District: BY: Name: Title: Date: County of Santa Clara: By: Name: Title: Date: CYV of tl9ountalie View: By: Name: Kevin Du >an Title: City Manager Datc: MD= 9 , o t 4 3 IN WITNESS WHEREOF, The Parties have executed this Amendment effective as of March 10, 2005. Santa Clara Valley Water District By: Name: Title: Date: County of Santa Clara: Fay: Name: Title: Date: Cityof Palo Alto By: ~ . Name: JJ,m Burch Title: Mayor Date: Match 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: By: Name: Title: Date: City of Saratoga: By: -,--r'~ Name: Dave Anderson Title: City Manager Date: 5 tL :1 ATT'FST: S City C;1erk ~ ~ _ 3 IN WITNESS WHEREOF, the Parties have executed this Amendment effective as of March 10, 2005. Santa Clara Talley Water Dh&ict: By: Name: Title: Date: County of Santa Clara: By: Name: Title: Date: i City ofsan .lose: By: _ Nang. PETER JE ASSISTANT To THE CITY MANAGER Title: Date: t t~ o S 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: I Name: Title: Date: City of 5«~a Ccx~q By: - Name: J5 ctr-i r7 Title: Ci T M oL noL Q e- r- Date: ~'A0.i'C;.i''1 ~PP VED AS TO f E~ R Nth D. PFEIF Cant City Attar c1 ~ ~ 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: r Name: Amy Chan Title: City Manager Date: j, _ Approved as to Form: By: Name'. Joan Burger Title: Acting City Attorney bate: 3 IN WITNESS WHEREOF, The Parties have executed this Amendment effective as of March 10, 2005. Santa Clara ]!alley Water Disfdct By, Name: J Title: Date: t f C C y o Santa oun lara: By: Name: S IIN~SS Title: + BOARD F SUPFUM50 l MAR ~ 1' Date: City of By, Name: Title: Date: Attest (2,4 Phyllis Pe z, wk of the Board of pervisors Date: MAR 01 2005 Approved as to form and legality: V nna~ Kathy Kretc mer, Deputy County Counsel Date: SCVURPPP FIRST AMENDMENT 3