03-028 Santa Clara Valley Water District, Watershed Collaborative/Concur & amendments-~, ~~;, ENACTED COPY -Contract Ad .Unit
"` ,~ '' _ ~~ `~ AG11~T. # 8 M Req. # a~_
AGREEMENT FOR PAYMENT BETWEEN THE CITY OF CUPERTINO AND
THE SANTA CLARA VALLEY WATER DISTRICT
This Agreement for payment ("Agreement") is m~ide and entered into this 3rd day of March,
2003, by and between the City of Cupertino, a m»nicipal corporation ("City"), and the Santa
Clara Valley Water District, a public agency ("District").
RECITALS
1. The City and the District, along with other interested entities and organizations are involved
in a series of meetings and activities to resolve issues related to roles and responsibilities
for water resources protection, and the Distric;t's proposed Water Resources Protection
Ordinance. The parties to this Agreement, together with the other interested entities and
organizations involved in these meetings and activities shall collectively be referred to in this
Agreement as the "Collaborative."
2. The Collaborative desires to use the services of CONCUR, Inc., a California corporation
("CONCUR"), a professional mediation/facilit~~tion firm, to assist the Collaborative in
negotiating, drafting, and ratifying a program and implementation plan for the protection of
water resources within the Santa Clara Valle~i Water District.
3. The District has agreed to pay certain costs c-f the facilitation by CONC~IR up to a total cost
of $90,000.
4. City has agreed to act as manager of the contract with CONCUR.
THE PARTIES HEREBY AGREE AS FOLLOW:i:
A. TERM
The parties acknowledge that CONCUR began•vrork on approximately January 17, 2003 and
while the term of this Agreement shall be effective as of March 5, 2003 ("Effective Date"),
payment shall be made for services rendered since January 17, 2003. This Agreement shall
remain in effect for a period of one year, or until City has been reimbursed for all authorized
costs incurred by City in connection with the COIJCUR contract; provided however that this
agreement may be terminated earlier if the services of CONCUR are terminated.
B. COSTS
The costs ("Costs") subject to this Agreement are those costs actually incurred by City and
paid to CONCUR in connection with and as Provided by the CONCUR contract (attached
hereto marked Attachment A and incorporatE~d herein by this reference), not to exceed
$90,0000. City expressly acknowledges that it shall receive no reimbursement for staff time,
or space or computer charges, or similar costs related to its negotiation, execution, and
administration of the CONCUR contract.
2. District agrees and acknowledges that City's right to reimbursement pursuant hereto is
without regard to the success or lack of success of CONCUR's services under the CONCUR
contract.
C. PROCEDURES FOR PAYMENT
No more often than monthly, City shall submit to District a request for reimbursement, which
shall include copies of any and all invoices or st<<tements of costs received from CONCUR for
costs incurred by City pursuant to the CONCUR contract, and a statement requesting
reimbursement of the stated amount. Within thirty (30) days of receipt by District, District shall
pay the billed amount to City. It is the responsibility of City as contract manager to verify billings
by CONCUR.
Payments to City should be mailed to the following address:
Ralph Qualls, Jr,
City of Cupertino
10300 Tone Avenue
Cupertino, CA 95014
D. INDEMNITY
City shall protect, indemnify, defend, and hold harmless District and its officers, agents,
employees from and against any and all third party claims, lawsuits, demands, losses, causes of
action, or liabilities, arising out of or Resulting in ~3ny way from the work performed by City,
pursuant to this Agreement and/or the CONCUR contract, due in whole or in part to the willful
misconduct or negligent acts or omissions, active or passive, of City, its officers, agents, and
employees.
E. GOVERNING LAW
The law governing this Agreement shall be that of the State of California.
F. WAIVER
No waiver by either party to this Agreement of any breach or violation of any term or condition of
this Agreement shall be deemed to be a waiver cf any other term or condition contained herein
or a waiver of any subsequent breach or violation of the same or any other term or condition.
G. NOTICES
All notices and other communications required or permitted to be given under this Agreement
shall be in writing and may be delivered by hand; by facsimile transmission with verification of
receipt; or by United States mail, postage prepaid; addressed to the respective parties as
follows:
To City: Ralph Qualls, Jr.
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
To District: Mr. Stan Williams
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
Or to such other address as either party may de~~ignate by notice in accordance with this
section.
H. VENUE
In the event that suit is brought by either party, the parties agree that trial of such action shall be
exclusively vested in a state court in the County of Santa Clara or, where appropriate, in the
United States District Court for the Northern District of Califomia, San Jose, California.
I. ENTIRE AGREEMENT
This Agreement represents the entire understanding of the parties as to those matters
contained herein. No prior oral or written under:~tanding shall be of any force or effect with
respect to those matters covered hereunder. This Agreement may only be modified by a written
amendment duly executed by the parties to this Agreement.
J. SEVERABILITY
If any term, covenant, condition, or provision of this Agreement, or the application thereof to any
person or circumstance, shall to any extent be rield by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remainder of the terms, covenants, conditions, or provisions
of this Agreement, or the application thereof to ~~ny person or circumstance, shall remain in full
force and effect and shall in noway be affected.. impaired, or invalidated thereby.
K. COUNTERPARTS
This Agreement shall be executed in two or more counterparts, each of which shall be deemed
to be an original, but all of which taken together shall constitute one and the same instrument.
Witness the execution hereof on the day and year first hereinabove written.
CITY OF CUPERTINO
~ Z
BY• S. d3
David W. Knapp, City Hager
~~ZS.o3
SANTA CLARA VALLEY WATER DISTRICT
Y~
'ef E cutive Officer
ENACTED COPY • Contract Admin. Unit
AGMT. # ~~ 7 a-Req. # ~ l -~ 3 3
FIRST AMENDMENT TO AGREEMENT ~~ A2687M FOR PAYMENT BETWEEN
THE CITY OF CUPERTINO AND
THE SANTA CLARA VALLEY WATER DISTRICT
This First Amendment to Agreement # A 2687M for Payment Between the City of Cupertino and
the Santa Clara Valley Water District, dated March 3, 2003, is made and entered into this
~ Y~~ day of _ S ~+~ be('2003, by and between the City of Cupertino, a municipal
corporation ("City"), and the Santa Clara Valley V\~ater District, a public agency ("District").
RECITALS
The City and the District entered into that certain agreement dated March 3, 2003, providing
for the reimbursement to the City of costs for facilitation expenses incurred by CONCUR,
Inc., a California corporation ("CONCUR"), a f~rofessional mediation/facilitation firm, to assist
the Water Resources Protection Collaborative in negotiating, developing, and drafting
certain work products for the protection of water resources within the Santa Clara Valley
Water District ("Agreement").
2. The Collaborative desires to continue to use the services of CONCUR.
3. The City and the District desire to amend the ~ggreement to increase the amount of
CONCUR facilitation expenses for which the City will receive repayment from the District,
and to extend the term.
THE PARTIES HEREBY AMEND THE AGREEMENT AS FOLLOWS:
A. TERM
The term of the Agreement is modified to run from the original beginning date of March 5, 2003,
to September 1, 2004, or until City has been reimbursed for all authorized costs incurred by City
in connection with the CONCUR contract; provided however that this agreement may be
terminated earlier if the services of CONCUR are terminated.
B. COSTS
The costs ("Costs") reimbursable under this Amendment are those costs actually incurred by
City and paid to CONCUR in connection with and as provided by the CONCUR contract for the
second phase of the Collaborative Effort (attached hereto marked Attachment A and
incorporated herein by this reference), not to exceed $155,000. With this Amendment, the total
not to exceed amount of the Agreement is $245,000. City expressly acknowledges that it shall
receive no reimbursement for staff time, or space or computer charges, or similar costs related
to its negotiation, execution, and administration of the CONCUR contract.
All other terms and conditions in the Agreement rE~main in place and effect.
Witness the execution hereof on the day and year first hereinabove written.
CIT CUPE IN
By:
City Manager
SANTA CLARA VALLEY WATER DISTRICT
By. ~ ~ G~
f ti Officer
A oved as to form
r--
J~~
Emily Cote
Assis nt General Counsel
CONCUR Level of Effort
SCVWD Stream Resource Protection Collaborative P-iase II
August 1, 2003-July 30, 2004
~~
~;jj.^,^
Y~Y.~~I
' ~~_-<
F'+J
~.,
.. ~;: _
~" i
Task Ge ;cription P~r;or nel Ea~~~ Hours Total
~, ..
Taste 1;~Conv~~rae grad,~~cilltaLe,F~olir~=Coljabo~,~t~~,e_~~~h,ezings~ •'~ ~ ~ ~ ~,~ ~ -
1 a. Prepare or an Con uct Up to Six
Planning Teleconferences with
Convenors and Steering Committee
between Meetings
rincipal
178.50
6
2,856.00
Associate $147.00 16 $2,352.00
Project Assistant $90.00 0 $0.00
Subtask Su'~total $5,208.00
1 b. Track Status of Actions by
Governing Boards, Update Website
Principal
$178.50
2
$357.00
Associate $147.00 16 $2,352.00
Project Assistant $90.00 4 $360.00
Subtask Subtotal $3,069.00
1 c. Prepare and Distribute Agenda and
Materials for Four Collaborative
Meetings
Princi al
$178.50
8
$1,428.00
Associate $147.00 24 $3,528.00
Pro~ect Assistant $90.00 4 $360.00
Subtask Sut~total $5,316.00
1 d. Convene and Facilitate Four
Collaborative Meetings, including Set
Up and Take Down
Principal
$178.50
40
$7,140.00
Associate $147.00 40 $5,880.00
Project Assistant $90.00 0 $0.00
Subtask Subtotal $13,020.00
1 e. Prepare and Distribute Summary of
Four Collaborative Meetings
Principal
$178.50
32
$5,712.00
Associate $147.00 96 $14,112.00
Pro~ect Assistant $90.00 1 $90.00
Subtask Subtotal $19,914.00
1 f. Prepare and Post Web Summary of
Four Collaborative Meetings
Principal
$178.50
0
$0.00
Associate $147.00 0 $0.00
Project Assistant $90.00 8 $720.00
Subtask Sut~total $720.00
as u tota - -xaf ~ ~ ~ - .
_ $ 4,7„ 247'.00 '.
P=Pnncipal; A=Associate; PA=Project Assistant
Prepared by CONCUR, Inc. 8/14/03 1 of 3
~.~~as~ 2 ~Ga~venE.and,Fac~(ixate ~Nor1. Team iVreetings on,Selected Tepi~S;as t~eeded~ ,.
2a. Prepare and Distribute Agenda and
Materials for Work Team
Teleconferences
Principal
$178.50
10
$1,785.00
Associate $147.00 ~ 30 $4,410.00
Project Assistant $90.00 5 $450.00
Subtask Subtotal $6,645.00
2b. Conduct Work Team
Teleconferences between Collaborative
Meetings
Principal
$178.50
10
$1,785.00
Associate $147.00 30 $4,410.00
. Project Assistant $90.00 0 $0.00
Subtask Subtotal $6,195.00
2c. Prepare and. Distribute Summaries
of Work Tearn Teleconferences
Principal
$178.50
20
$3,570.00
Associate $147.00 60 $8,820.00
Pro~ect Assistant $90.00 5 $450.00
Subtask Subtotal $12,840.00
2d. Prepare and Post Web Summary of
Work Team Teleconferences
Principal
$178.50
0
$0.00
Associate $147.00 0 $0.00
Project Assistant $90.00 20 $1,800.00
Subtask Subtotal $1,800.00
:as u Iota . i ~ ., .. ~ : g. - $2
~,:. ; ,: - ,7; 4'80 00:
wk~~~ ~,
r - - ~ ~s
Ta h 3 Conve~_~and~F~Facal~ta`t~"'Strateglc;Planning_tUleetmgs~ ~ ~~- ~` _,
3a. Prepare and Distribute Agenda and
Materials for Strategic Planning
Meetings
Principal
$178.50
4
$714.00
Associate $147.00 12 $1,764.00
Project Assistant $90.00 2 $180.00
Subtask Subtotal $2,658.00
3b. Conduct Strategic Planning
Meetings between Collaborative
Meetings
Principal
$178.50
32
$5,712.00
Associate $147.00 96 $14,112.00
Project Assistant $90.00 0 $0.00
Subtask Subtotal $19,824.00
3c. Prepare and Distribute Summaries
of Strategic Planning Meetings
Principal
$178.50
16
$2,856.00
Associate $147.00 48 $7,056.00
Project Assistant $90.00 2 $180.00
Subtask Subtotal $10,092.00
3d. Prepare and Post Web Summary of
Strategic Planning Meetings
Principal
$178.50
0
$0.00
Associate $147.00 0 $0.00
Project Assistant $90.00 8 $720.00
Subtask Subtotal $720.00
as v Iota ;.., >, ~ $33;'294100;:,
Prepared by CONCUR, Inc. 8/'14/03 2 of 3
. ,_ µ-.
Task 4~ Convene and Facilitate Guidelines and 5tand,3rds h~~etings
4a. Prepare and Distribute Agenda and
Materials for Guidelines and Standards
Meetings
Principal
$178.50
6
$1,071.00
Associate $147.00 18 $2,646.00
Project Ass stant $90.00 3 $270.00
Subtask Sut~total $3,987.00
4b. Conduct Guidelines and Standards
Meetings between Collaborative
Meetings
Principal
$178.50
36
$6,426.00
Associate $147.00 108 $15,876.00
Project Assistant $90.00 0 $0.00
Subtask Subtotal $22,302.00
4c. Prepare and Distribute Summaries
of Guidelines and Standards Meetings
Principal
$178.50
24
$4,284.00
Associate _ $147.00 72 $10,584.00
Project Assistant $90.00 3 $270.00
Subtask Sut~total $1 5,138.00
4d. Prepare and Post Web Summary of
Strategic Planning Meetings
Principal
$178.50
0
$0.00
Associate $147.00 0 $0.00
Project Assistant $90.00 8 $720.00
Subtask Subtotal $720.00
as ; ~u tota $42, I`47~00
y:.
Professional ServrLes,:Subtotal; ~ ~ s150;"1~68.00
Direct_Expenscs -~..''.. -.. -;?,~ ,.
Telecommunications (Conference Calls, Faxes) $3,500.00
Copying, Express Mail $500.00
Roundtrip Travel to Meeting (Berkeley to Cupertino and Scott's Valley
to Cupertino) $832.00
~;uor~otial;= ;-. ~ ~ - .. , %~$4~,832:OQ-
,.::, . .
TOTAL ~ .; , w155,000.00 ;
Prepared by CONCUR, Inc. B/14/03 3 of 3
SECOND AMENDMENT TO AGREEME~IT # A2687M FOR PAYMENT BETWEEN
THE CITY OF CUPERTINO AND
THE SANTA CLARA VALLEY WATER DISTRICT
This Second Amendment to Agreement # A2687~~ for Payment Between the City of Cupertino
and the Santa Clara Valley Water District, dated PJlarch 3, 2003, is made and entered into this
3D~ day of ~~rt- , 2004, by and between the City of Cupertino, a municipal
corporation ("City"), and the Santa Clara Valley Water District, a public agency ("District").
RECITALS
The City and the District entered into that cert;3in agreement dated March 3, 2003, providing
for the reimbursement to the City of costs for facilitation expenses incurred by CONCUR,
Inc., a California corporation ("CONCUR"), a F,rofessional mediation/facilitation firm, to assist
the Water Resources Protection Collaborative in negotiating, developing, and drafting
certain work products for the protection of water resources within the Santa Clara Valley
Water District ("Agreement").
2. The Collaborative desires to continue to use the services of CONCUR.
3. The City and the District desire to amend the ~~greement to increase the amount of
CONCUR facilitation expenses for which the City will receive repayment from the District,
and to extend the term.
THE PARTIES HEREBY AMEND THE AGREEMENT AS FOLLOWS:
A. TERM
The term of the Agreement is modified to run frorr~ the original beginning date of March 5, 2003
to September 1, 2004, or until City has been reimbursed for all authorized costs incurred by City
in connection with the CONCUR contract; provided however that this agreement may be
terminated earlier if the services of CONCUR are terminated.
B. COSTS
The costs ("Costs") reimbursable under this Amendment are those costs actually incurred by
City and paid to CONCUR in connection with and as provided by the CONCUR contract for the
second phase of the Collaborative Effort (attached hereto marked Attachment A and
incorporated herein by this reference), not to exceed $80,000. With this Amendment, the total
not to exceed amount of the Agreement is $325,000. City expressly acknowledges that it shall
receive no reimbursement for staff time, or space or computer charges, or similar costs related
to its negotiation, execution, and administration of the CONCUR contract.
All other terms and conditions in the Agreement rE~main in place and effect.
Witness the execution hereof on the day and year first hereinabove written.
CITY OF CUPERTINO
By:~r~.~4. C..Gucu. Gtr
Public Works Director
SANTA CLARA VALLEY WATER DISTRICT
By: ~ ~ o~--~----
i f Ex cutive Officer
Approved as to form
r ~ ~~
Emily ote
Assista General Counsel
Rug 30 04 02:18p
v~
CONCUR Level of Effort -
Santa Clara Valley Water Resource Protection Collabor~jtive ;,~
February 1 -July 30. 2004 f
Task Description Personnel Rate Hours Total
Task 1: Convene and Facilitate Six Coltaboratlve Meetings
a. repare or, on uct, a ne Ix
Planning Teleconferences with Steering
Committee
Princi al
$178.50
18
$3,213.00
Associate $147.00 12 $1,76x.00
Pro'ect Assistant $90.00 0 $0.00
Subtask Subtotal $4,977.00
1 b. Prepare an distribute agenda,
attachments for six Collaborative
meetings; prepare Calking points
Princi al
$178.50
48
$8,568.00
Associate $147.00 48 57,056.00
Pro'ect Assistant $90.00 0 $0.00
Subtask Subt~~tal $15,624.00
1 c. onvene and acl hate Six
Collaborative Meetings, including Set
Up and Take Down
Princi al
$1 78.50
60
$10,710.00
Associate $147.00 60 $8,820.00
Pro'ect Assistant $90.00 O $0.00
Subtask Subtotal $19,530.00
1 Dra t, peer review, revise, fina Ize,
distribute Key Outcomes Memo from
Collaborative meetings
Princi al
$'178.50
12
$2,142.00
Associate $147.00 48 $7,056.00
Pro'ect Assis~~ant $90.00 O $0.00
Subtask Subtotal $9,198.00
as u $49,329.00
Task 2: Coordination, Communication, Updatin Organizational Documents, Website Postings
2a. Phone consultations, discussions
and strategic planning communications
between meetings, with Collaborative
and Work Team members, District
Staff and Work Team consultants
rinci al
178.50
8
8,568.00
Associate $147.00 24 $3,528.00
Pro'ect Assistant $90.00 O $0.00
Subtask SubCOta1 $12,096.00
2b. Update Tasking Memo, Meeting
Schedule and Summary of Ratified and
Pending Work Products, after each
Collaborative and Work Team Meeting
rinci al
178.50
'
12
2,142.00
Associate $147.00 12 $1,764.00
Pro'ect Assn>tant $90.00 0 $0.00
Subtask Subtotal $3,906.00
2c. repare and Post Agen as, ey
Outcomes Memos and Draft Work
Team products after each meeting
Princi al
$178.50
0
$0.00
Associate $147.00 O $0.00
Pro'ect Assistant $90.00 12 $1,080.00
Subtask Sut~total $1,080.00
a u o $17,082.00
p.2
Prepared by CONCUR, Int. 1 /29/04 Page 1
Ruh 30 04 02:19p
Task 3: Convene and Facil"rtate Six Strategies and 7001~~ Work Team Meetings'
3a. repare an Dlstri ute gen a an
Materials for Six Strategies and Tools
Meetings
Princi al
$178.50
18
$3,213.00
Associate $147.00 18 $2,646.00
Pro ect Assist~int $90.00 0 $0.00
Subtask Subtctal $5,859.00
3 onvene and aci hate Slx
Strategies and Tools Work Team
Meetings
Princi al
$178.50
36
$6,426.00
Associate 51 x7.00 36 $5,292.00
Pro'ect Assistant 590.00 0 $0,00
Subtask Subtotal 511,718.00
3c. Draft, Peer Review, Revise, Finalize,
Distribute Key Outcomes Memoranda
from Work Team meetings
Princi al
$178.50
12
52,142.00
Associate $147.00 24 $3,528.00
Pro"ect Assistant $90.00 0 50.00
Subtask Subtotal $5,670.00
~ ,24 .00
t t 's reflected be ow
`Task 3 does not inc ude Right SI a S+ -Estimated e~ fort or managing t a as i
in Task 3.5.
Task 3.5: Facilitate and Liason with Right Side Strategies and Tools Work Team
3. a. repare an istri ute gen a
and Materials for Right Side Strategies
and Tools Meetings
Princi al
5178.50
4
5714.00
Associate 5147.00 6 5882.00
Pro'ect Assistant 590.00 0 $0.00
Subtask Subtotal $1,596.00
3.5 onvene an Facilitate Rig t i e
Strategies and Tools Work Team
Meetings
Princi al
$178.50
12
$2,142.00
Associate $147.00 12 51,764.00
Pro'ect Assistant $90.00 0 $0.00
Subtask 5ubt:otal $3,906.00
3.5c. Draft, Peer Review, Revise,
Finalize, Distribute Key Outcomes
Memoranda from Work Team meetings
Princi al
$178.50
4
5714.00
Associate 5147.00 6 5882.00
Pro'ect Assi=_~tant 590.00 O 50.00
Subtask Subtotal 51,596.00
p.3
Prepared by CONCUR. Ir1C. 1/29/04 Page 2
Flug 30 04 02:18p
a rgan ze, ecrult, Convene and racwtate ~ nree t,omprenensivr nc~i IiVIC VI w~J
Meetings`
4a. arry ut an oor mate
Formation and Recruitment of Core
Team Members; Draft Final Team
Roster
rinci al
178.50
5
2,677.50
Associate $147.00 20 $2,940.00
Pro'ect Assistant $90.00 O $0.00
Subtask Subt~~tal 55,617.50
4 .Prepare an istnbute Agen as,
Attachments for Three Core Group
Meetings
Princi al
$178.50
6
$1,071.00
Associate $147.00 6 $882.00
Pro'ect Assistant $90.00 O $0.00
Subtask Subtotal $1,953.00
4c. Convene and Facilitate Three Core
Group Meetings
Princi al
$178.50
18
$3,21 3.00
Associate $147.00 18 $2,646.00
Pro'ect Assistant $90.00 0 $0.00
Subtask Subtotal $5,859.00
4d. Draft, Peer Review, Revise, Finalize,
Distribute Key Outcomes Memoranda
from Three Core Group Meetings
Princi al
$178.50
6
$1,071.00
Associate $147.00 18 $2,646.00
Pro'ect Assistant $90.00 O $0.00
Subtask Subtotal $3,717.00
a u o a $17,146.50
r •The Core Group has not yet been established. These are estimates and may change.
p.4
Prepared by COWCUR, Inc. 1 /29/04 Page 3
Rlug 30 04 02: 18p
Task 5: Organize, Recruit, Convene and Facilitate ThreE: Liaison Group Meetings
a. rganlze, orm Roster, repave
and Distribute Agendas and
Attachments for Three Liaison Group
Meetings
rinci al
178.50
6
2,856.00
Associate $147.00 6 $882.00
Project Assistant $90.00 0 $0.00
Subtask Subtotal $3,738.00
5b. Convene and Facilitate Three
Liason Group Meetings
Princi al
$178.50
12
$2,142.00
Associate $147.00 12 $1,764.00
Project Assistant $90.00 O $0.00
Subtask Subtotal $3,906.00
5c. Draft, Peer Review, Revise, Finalize,
Distribute Key Outcomes Memoranda
from Three Liason Group Meetings
Princi al
$178.50
18
$3,213.00
Associate $147.00 12 $1,764.00
Project Assistant $90.00 0 $0.00
Subtask Subtotal $4,977.00
as u o $12,621.00
Task 6: Organize, Recruit, Convene and Facilitate Pilot: Projects
6a. Organize, Form Roster, Prepare
and Distribute Agendas and
Attachments for Three Pilot Projects
Princi al
$178.50
3 $535.50
Associate $147.00 12 $1,764.00
Project Assistant $90.00 0 $0.00
Subtask Subtotal $2,299.50
6b. Convene and Facilitate Three Pilot
Project Meetings
Princi al
$178.50
10
$1,785.00
Assume 1 in person, and rwo TLCs Associate $147.00 10 $1,470.00
Project Assistant $90.00 0 $0.00
Subtask Subtotal $3,255.00
6c. Draft Lessons Learned and
Recommendations Document to
memorialize findings of early
consultation process: Peer Review,
Revise, Receive comments from Work
Team and District staff, Revise again,
Finalize and Present to Collaborative
rinci al
178.50
6
1,071.00
Associate $147.00 24 $3,528.00
Project Assistant $90.00 O 50.00
Subtask Subtotal $4,599.00
as u o a $10,153.50
p.5
Prepared by CONCUR. Inc. 1/29/04 Page a
Rig 30 04 02:18p
Professional Services Subtotal 898 $144,111.00 ~
erect penses
Telecommunications (Conference Calls, Faxes} $4,500.00
Copying, Express Mail $500.00
Roundtrip Travel to Meeting (Berkeley to San Jose and Santa Cruz to
San Jose) $1,150.00
$6,150.00
u o a
TOTAL BUDGET ESTIMATE FEBRUARY-JULY 2004 $150,26"1.00
_AMOUNT REMAINING ON PREVIOUS SCOPE AS OF 1 /:30/04 $70,100.25 J
ADDED INCREMENT FOR FEBRARY -JULY 2004 $80,160.75
p.6
prepared by CONCIIR, Inc. '1/29/04 Page 5
Subtotals by Staff Principal $178.50 406.00 $72,471.00
Associate $147.00 480.00 $70,560.00
o...;oar necictant $90.00 12.00 $1,080.00
THIRD AMENDMENT TO AGREEMENT # A2687M FOR PAYMENT BETWEEN
THE CITY OF CIJIPERTINO AND
THE SANTA CLARA VALLEY WATER DISTRICT
This Third Amendment to Agreement # A2687M 1~or Payment Between the City of Cupertino and
the Santa Clara Valley Water District, dated March 3, 2003, is made and entered into this
day of 7Un ~ , 2004, by and between the City of Cupertino, a municipal
corporation ("City"), and the Santa Clara Valley V'/ater District, a public agency ("District").
RECITALS
The City and the District entered into that certain agreement dated March 3, 2003, providing
for the reimbursement to the City of costs for facilitation expenses incurred by CONCUR,
Inc., a California corporation ("CONCUR"), a professional mediation/facilitation firm, to assist
the Water Resources Protection CollaborativE~ in negotiating, developing, and drafting
certain work products for the protection of wader resources within the Santa Clara Valley
Water District ("Agreement").
2. The City and the District desire to amend the Agreement to include the services of Jeff
Redding, planning consultant to the Collabor~~tive, to provide neutral expertise in land use
planning as related to water and watershed rE~source management, to provide peer review
and written feedback for draft District work products, and to provide guidance for the joint
development of guidelines and standards for land use near streams.
3. The City has agreed to act as manager of the contract with Jeff Redding, planning
consultant to the Collaborative.
THE PARTIES HEREBY AMEND THE AGREEMIENT AS FOLLOWS:
A. COSTS
The costs ("Costs") reimbursable under this Amendment are those costs actually incurred by
City and paid to Jeff Redding in connection with a~,nd as provided by the Jeff Redding contract
for the second phase of the Collaborative Effort (~~ttached hereto marked Attachment A and
incorporated herein by this reference), not to excE~ed $25,000. With this Amendment, the total
not to exceed amount of the Agreement is $350,C~00. City expressly acknowledges that it shall
receive no reimbursement for staff time, or space or computer charges, or similar costs related
to its negotiation, execution, and administration o1' the Jeff Redding contract.
All other terms and conditions in the Agreement remain in place and effect.
Witness the execution hereof on the day and year first hereinabove written.
CITY OF CUPERTINO
B : c,~.ltu ~
Y
Public Works Director
SANTA CLARA VALLEY WATER DISTRICT
By:
Chie cutive Officer
Approved a to form
~~
Tony ennetti
Dist ct General Counsel
fug 30 04 02: 19p
'~`~
R DRAFT TASKS; SCOPE OF WORK FOR JEFF REDDING, PLANNING CONSULTANT
I \ I TO WATER RESOURCES COLLABORATIVE
lVN Overall Objective of this Work Assignment:
a. Provide neutral expertise in land use planning as related to stream and water
resources management
b. Provide peer review and written feedback far draft District work products
c. Provide guidance far the joint development of guidelines and standards for land
use near streams
~'
~,r~
..t ~ n5;
~I'df@SS(OnBI,:.SerV(ICB9?StlbtOta~; K '~ -. ~ ~~
Jeff Reddin 8125.00 192 _ 524,000.0[
TOTAL ~ 192 524,000.0[
'eiecommun>cations (Telephone, Conference Calls, Faxes) ~$500.OC
;opying, Express Mail 51 OO.OC
toiandtrip Travel to Meetings $400.0(
Kl .. {~., .'7 ~4'. (: ~.~:-.'1 ~.•r , ~~ ~ ••~='i•d,:'Y?S Flag + ~. .:y,.tt'i. .+.4. ~T~.~ s .z~: .ti ^`~j~000i,«
,' ~2.7.w~V0:0~
p.7
Draft Prepared by C011CUR, Inc. 5/11 /Da Page t M t
~3~~~`~
FOURTH AMENDMENT TO AGREEMEf~IT # A2687M FOR PAYMENT BETWEEN
THE CITY OF CUiPERTINO AND
THE SANTA CLARA VALLEY WATER DISTRICT
This Fourth Amendment to Agreement # A2687NI for Payment Between the City of Cupertino
and the Santa Clara Valley Water District dated IVlarch 3, 2003, is made and entered into this
day of , 200~~by and i~etween the City of Cupertino, a municipal
corporation ("City"), and th anta Clara Valley N/ater District, a public agency ("District").
RECITALS
The City and the District entered into that cerlain agreement dated March 3, 2003, providing
for the reimbursement to the City of costs for Facilitation expenses incurred by CONCUR,
Inc., a California corporation ("CONCUR"), a I~rofessional mediation/facilitation firm, to assist
the Water Resources Protection CollaborativE~ in negotiating, developing, and drafting
certain work products for the protection of water resources within the Santa Clara Valley
Water District ("Agreement").
2. The Collaborative desires to continue to use the services of CONCUR.
3. The City and the District desire to amend the Agreement to increase the amount of
CONCUR facilitation expenses for which the City will receive repayment from the District,
and to extend the term.
THE PARTIES HEREBY AMEND THE AGREENIENT AS FOLLOWS:
A. TERM
The term of the Agreement is modified to run from the original beginning date of March 5, 2003
to September 1, 2004, or until City has been reimbursed for all authorized costs incurred by City
in connection with the CONCUR contract; providE~d however that this agreement may be
terminated earlier if the services of CONCUR are terminated.
B. COSTS
The costs ("Costs") reimbursable under this Amendment are those costs actually incurred by
City and paid to CONCUR in connection with and as provided by the CONCUR contract for the
second phase of the Collaborative Effort (attache~~ hereto marked Attachment A and
incorporated herein by this reference), not to excE~ed $38,000. With this Amendment, the total
not to exceed amount of the Agreement is $388,000. City expressly acknowledges that it shall
receive no reimbursement for staff time, or space or computer charges, or similar costs related
to its negotiation, execution, and administration o~f the CONCUR contract.
All other terms and conditions in the Agreement remain in place and effect.
Witness the execution hereof on the day and yea~~ first hereinabove written.
CITY OF CUPERTINO
By. `~/~r~/~
Public Works Director
SANTA CLARA VALLEY WATER DISTRICT
By: ~ G~/~~~.
xecutive Officer
Ap ed as to f
Di ict General Counsel
~':
DRAFT
Proposed Augmentation to CONCUR Level of Effort
Santa Clara Valley Water Resource Protection Collak~orative
May 24 -July 30
a
L
z ~
U
Task Description Personnel Rate Hours Total
Task 1: Convene and Facilitate Collaborative Meetings
1 a. Prepare for, Conduct, Debrief
Planning Teleconferences with
Steering Committee
Principal
$178.50
6
$1,071.00
Associate $147.00 3 $441.00
Project Assistant $90.00 0 $0.00
Subtask Suk~total $1,512.00
1 b. Prepare and distribute agenda,
attachments for Collaborative
meetings; prepare talking points
Principal
$178.50
12
$2,142.00
Associate $147.00 0 $0.00
Project Assistant $90.00 0 $0.00
Subtask Suk~total $2,142.00
1 c. Convene and Facilitate
Collaborative Meetings, including Set
Up and Take Down
Principal
$178.50
0
$0.00
Associate $147.00 0 $0.00
Project Assistant $90.00 0 $0.00
Subtask Suk~total $0.00
1 d. Draft, peer review, revise, finalize,
distribute Key Outcomes Memo from
Collaborative meetings
Principal
$178.50
12
$2,142.00
Associate $147.00 0 $0.00
Project Assistant $90.00 0 $0.00
Subtask Suk~total $2,142.00
1 e. Prepare for, draft and distribute
agenda, facilitate, debrief and prepare
summary memo for meeting with
City/County Caucus and Senior
District Staff.
rincipal
178.50
0
3,570.00
Associate $147.00 0 $0.00
Project Assistant $90.00 0 $0.00
Subtask Suk~total $3,570.00
1 f. Coordinate and Support
Ratification Process, including
assembling signature sheets and all
work products, drafting text for
interim agreement, formatting all
materials for ratification.
rincipal
178.50
4
4,284.00
Prepared by CONCUR, Inc. 06/21 /2004 Page 1 of 5
i~a~
Associate $147.00 24 $3,528.00
Project Assistant $90.00 8 $720.00
Subtask Subtotal $8,532.00
3 ] 7.898:00
Prepared by CONCUR, Inc. 06/21 /2004 Page 2 of 5
Task 2: Strategic Planning, Coordination, Communication, Updating Organizational Documents,
Website Postings
2a. Phone consultations, discussions
and strategic planning
communications between meetings,
with Collaborative and Work Team
members, District Staff and Work
Team consultants Principal $178.50 36 $6,426.00
Associate $147.00 24 $3,528.00
Project Assistant $90.00 0 $0.00
Subtask Suk~total $9,954.00
2b. Update Tasking Memo, Meeting
Schedule and Summary of Ratified and
Pending Work Products, after each
Collaborative and Work Team Meeting Principal $178.50 2 $357.00
Associate $147.00 3 $441.00
Project Assistant $90.00 0 $0.00
Subtask Subtotal $798.00
Task'2 continued: Strategic Planning, Coordination, Communication, Updating Organizational
Documents, Website Postings
2c. Prepare and Post Agendas, Key
Outcomes Memos and Draft Work
Team products after each meeting Principal $178.50 0 $0.00
Associate $147.00 0 $0.00
Project Assistant $90.00 0 $0.00
Subtask Subtotal $0.00
as tofu $10,752.00
Task 3; Convene and Facilitate Strategies and Tools Work Team Meetings*
3a. Prepare and Distribute Agenda
and Materials for Strategies and Tools
Meetings Principal $178.50 8 $1,428.00
Associate $147.00 6 $882.00
Project Assistant $90.00 0 $0.00
Subtask Subtotal $2,310.00
3b. Convene and Facilitate Strategies
and Tools Work Team Meetings Principal $178.50
Associate $147.00
Project Assistant $90.00
Subtask Subtotal
3c. Draft, Peer Review, Revise,
Finalize, Distribute Key Outcomes
Memoranda from Work Team meetings Principal $178.50
Associate $147.00
Proiect Assi:~tant $90.00
12 $2,142.00
12 _$1,764.00
0 $0.00
$3,906.00
6 $1,071.00
8 $1,176.00
0 $0.00
Prepared by CONCUR, Inc. 06/21 /2004 Page 3 of 5
Su
$2,247.00
as u #o aI ~ts,4us,vu
*Task 3 does not include Right Side S+T -Effort for managing that task is covered under the original
scope
Prepared by CONCUR, Inc. 06/21 /2004 Page 4 of 5
Subtotals by CONCUR Staff Principal $178.50 138.00 $24,633.00
Associate $147.00 80.00 $1 1,760.00
Project Assi:~tant $90.00 8.00 $720.00
Professional Sen~Ices Subtotal 226 $37,113.00
elecommunications (Phone, Conference Calls, Faxes)
opying, Express Mail
$0.00
$0.00
Roundtrip Travel to Meetings (Berkeley to San Jose and Santa Cruz
to San Jose) $0.00
TOTAL CONCUR COST PROPOSAL $37,1 13.00:
onsu taut
Subconsultant Fees for Services Jeff Redding $25,000.00
GRAND TOTAL FOR SERVICES,. FEES, AND EXPENSES 362,113,00.
Prepared by CONCUR, Inc. 06/21/2004 Page 5 of 5
v~ ! ~.
ENACTED COPY -Contract Admin. Unit
AGATT. #/9. a~ Req. # ~ 2 -~9~
FIFTH AMENDMENT TO AGREEMENT a~ A2687M FOR PAYMENT BETWEEN
THE CITY OF CU~PERTINO AND
THE SANTA CLARA VALLEY WATER DISTRICT
This Fifth Amendment to Agreement # A2687M for Payment Between the City of Cupertino and
the Santa Clara Valley Water District, dated March 3, 2003, is made and entered into this
(r, day of ~~n mhe~- , 2004, by and between the City of Cupertino, a municipal
corporation ("City"), and the Santa Clara Valley N/ater District, a public agency ("District").
RECITALS
The City and the District entered into that certain agreement dated March 3, 2003, providing
for the reimbursement to the City of costs for facilitation expenses incurred by CONCUR,
Inc., a California corporation ("CONCUR"), a professional mediation/facilitation firm, to assist
the Water Resources Protection Collaborative in negotiating, developing, and drafting
certain work products for the protection of waiver resources within the Santa Clara Valley
Water District ("Agreement").
2. The Collaborative desires to continue to use the services of CONCUR.
3. The City and the District desire to amend the .Agreement to increase the amount of
CONCUR facilitation expenses for which the (:ity will receive repayment from the District,
and to extend the term.
THE PARTIES HEREBY AMEND THE AGREEMENT AS FOLLOWS:
A. TERM
The term of the Agreement is modified to run from the original beginning date of March 5, 2003
to August 31, 2005, or until City has been reimbursed for all authorized costs incurred by City in
connection with the CONCUR contract; provided However that this agreement may be
terminated earlier if the services of CONCUR are terminated.
B. COSTS
The costs ("Costs") reimbursable under this Amendment are those costs actually incurred by
City and paid to CONCUR in connection with and as provided by the CONCUR contract for the
third phase of the Collaborative Effort (attached h~sreto marked Attachment A and incorporated
herein by this reference), not to exceed $451,000. The costs also include a reimbursement
payment for $15,000 to the City for a payment made by the City to CONCUR for the August 9,
2004 to September 7, 2004 period for a total reimbursable amount of $466,000 (with this
Amendment, the total not to exceed amount of thE~ Agreement is $854,000). City expressly
acknowledges that it shall receive no reimbursement for staff time, or space or computer
Page 1 of 2
charges, or similar costs related to its negotiation, execution, and administration of the
CONCUR contract.
All other terms and conditions in the Agreement remain in place and effect.
CITY OF CUPERTINO
gy:~r/~- ~ ~. u
Ralph Qualls
Public Works Director
SANTA CLARA VALLEY WATER DISTRICT
By:
St n Willia s
C ief Executiv Officer
Ap roe as to form
Debra Cauble
District General Counsel
Page 2 of 2
CONCUR Proposed Scope: Water Resources Protection Coll~jborative Facilitation, September 2004 -August 2005
CONCUR Professional Services Subtotal
Subtotals by CONCUR Staff Principal $178.50 1,244.0 $222,054.00
Associate $147.00 1,088.0 $159,936.00
Pro'ect Assistant $90.00 46.0 $4,140.00
o a ro essiona ervices
Subtotal $386,130.00
Additional,Expert Services
Jeff Reddin , AICP $125.00 312 $39,000.00
Neutral Expert to Assist with Development of Adaptive
Management Process, Including Permit Reporting and
Monitorin (Task 7). $10,000.00
Neutral Expert to Assist with Development of Guideline and
Standard for Ri avian Ve etation $10,000.00
Expert to Prepare Written Handouts with Standard Design
and Detail S ecifications for Exem t Land Uses. (Task 3.'i)`
Expert to Prepare Outreach and Educational Materials ancf
Coordinate Dissemination. (Task 5)`
$59;000.00
'It is assumed that these tasks would be handled by District staff, or the District would recruit and hire a
consultant separately.
Total Prafessional'Services Subtotal $445,130.00'
Direct Ex nses
Telecommunications (Phone, Conference Calls, Faxes) $2,400.OOi,
Copying, Express Mail $1,000.00'
Roundtrip Travel to Meetings (Berkeley to San Jose and ~~anta Cruz to San Jose)
$40'60 Mtgs $2,400.00'
r _ ' xpenses u $5;800.00'
TOTAL $450,930.Q0
ATTACHMEIQT A 8 of 8
Luis Jaimes
From: John K. Gamman [jkg@concurinc.~:om]
Sent: Wednesday, August 25, 2004 4:09 PM
To: Jim Fiedler; Luis Jaimes; Beau Goldie
Cc: rebecca@concurinc.net
Subject: revision to CONCUR scope
~~-
ScopeRevised.l
st pg.pdf (5 KB.
In reviewing CONCUR's scope one Dist time, I realize we neglected to
include an important fact-finding task and related budget item. On
the last page of the budget it lists Jeff :bedding and a neutral
expert to assist with Adaptive Management. We should also have
included a line item for a fact-finding co~~sultant in the area of
Riparian Vegetation. The Chapter 7 Work T~=am has had a difficult
time agreeing on a standard for protection of Riparian Vegetation; a
neutral expert in this area can bring his/]zer experience to bear to
help provide information needed to develop G+S's in this area.
I have attached a new last page of the sco~~e with this change.
Sincerely,
John
John K. Gamman, Principal
CONCUR, Inc.
501 Cedar Street, Suite B
Santa Cruz, CA 95060
Tel 831.457.1397
Fax 831.457.8610
jkg@concurinc.com
http://www.concurinc.com
1
CONCUR Proposed Scope: Water Resources Protection Collaborative Facilitation, September 2004 -August 2005
CONCUR Level of Effort x
Santa Clara Valley Water Resource Protection Collaborati~ie
September 7, 2004 -August 30, 2005
Task Descrtptton Personnel Rate Hours Total
Task 1: Convene and Facilitate Eight Collaborative Meetings
1 a. Prepare for, conduct, debrief twelve
teleconferences with Steering
Committee Princi al $178.50 48 $8,568.00
Associate $147.00 36 $5,292.00
Pro~ect Assistant $90.00 0 $0.00
Subtask Subtotal $13,860.00
1b. Prepare and distribute agenda and
attachments for eight Collaborative
Meetings; prepare talking points Princi al $178.50 72 $12,852.00
Associate $147.00 72 $10,584.00
Pro'ect Assistant $90.00 0 $0.00
Subtask Subtotal $23,436.00
1 c. Convene and facilitate eight
Collaborative Meetings, including set
up/take down; conduct follow up with
members to ensure attendance Princi al $178.50 90 $16,065.00
Associate $147.00 90 $13,230.00
Pro~ect Assistam: $90.00 0 $0.00
Subtask Subtotal $29,295.00
1d. Draft, eer review, revise, malize,
distribute Key Outcomes Memo from
eight Collaborative meetings Princi al $178.50 18 $3,213.00
Associate $147.00 54 $7,938.00
Pro ect Assistant: $90.00 O $0.00
Subtask Subtotal $11,151.00
e. on uc pos - ase wo
assessment, via confidential interviews,
with select Collaborative members, to
identify what has work well and what
can be improved in process. Prepare
written summary. Princi al $178.50 12 $2,142.00
Associate $147.00 4 $588.00
Pro'ect Assistant $90.00 O $0.00
Subtask Subtota $2,730.00
oor tna a an anage tna
Ratification Process in July 2005,
including assembling signature sheets
and all work products, drafting text for
interim agreement, formatting all
materials for ratification. Princi al $178.50 18 $3,213.00
Associate $147.00 24 $3,528.00
Pro'ect Assistant $90.00 6 $540.00
Subtask Subtotal $7,281.00
g. repave or, ra an is n u e
agenda, facilitate, debrief and prepare
summary memo for 2 meetings with
City/County Caucus and Senior District
Staff. Princi al $178.50 24 $4,284.00
Associate $147.00 4 $588.00
Pro~ect Assistant $90.00 0 $0.00
Subtask Subtotal $4,872.00
as u tale
::$92.625.00
8/19/04 1 of 8
CONCUR Proposed Scope: Water Resources Protection Collaborative Facilitation, September 2004 -August 2005
'Task 2: Coordination, .communication, Updating OrganizationaLDoeumeats, Website Postin, s
2a. Phone consultations, discussions
and strategic planning communications
between meetings, with Collaborative
and Work Team members, District Staff
and Work Team consultants (Assume 6
hr/wk for Principal; 3 hr/wk for
Associate) Princi al $178.50 312 $55,692.00
Associate $147.00 156 $22,932.00
Pro ect Assistant $90.00 O $0.00
Subtask Subtotal $78,624.00
Schedule and Summary of Ratified and
Pending Work Products, after each
meeting; integrate into facilitators
ongoing Work Plan Princi al $178.50 36 $6,426.00
Associate $147.00 36 $5,292.00
Pro ect Assistant $90.00 0 $0.00
Subtask Subtotal $11,718.00
2c. Post Agendas/Key Outcomes
Memos/Draft Work Team products after
each meeting on project website;
redesign website for ease of use,
including searchability Princi al $178.50 0 $0.00
Associate $147.00 0 $0.00
Pro'ect Assistant $90.00 40 $3,600.00
Subtask Subtotal $3,600.00
a ota $93,942.00':
8/19/04 2 of 8
CONCUR Proposed Scope: Water Resources Protection Collaborative Facilitation, September 2004 -August 2005
Task 3: Coordination of Tasks to Refrne and Finalize the ~G+S's, including the Convening and
Facilitation of Twelve Chapter 7 Work Team Meetings (assume 9 in first 6 months; 3 in second 6
.months)'
a. versee oor ma ion o
City/County Comparison Exercise,
Including Coordination with City/County
Representatives Princi al $178.50 24 $4,284.00
Associate $147.00 50 $7,350.00
Pro'ect Assistant $90.00 0 $0.00
Subtask Subtot.31 $11,634.00
3b. Develop and coordinate a strategy
for Collaborative/ SCVWD outreach to
local elected officials and legal counsels
related to obtaining legal authorities Princi al $178.50 24 $4,284.00
Associate $147.00 12 $1,764.00
Pro'ect Assistant $90.00 O $0.00
Subtask Subtot+~l $6,048.00
3c. Prepare and Distribute Agenda and
Materials for Twelve Chapter 7 Work
Team Meetings Principal $178.50 18 $3,213.00
Associate $147.00 36 $5,292.00
Pro'ect Assistant $90.00 0 $0.00
Subtask Subtot:~l $8,505.00
3d. Convene and Facilitate Twelve
Chapter 7 Work Team Meetings Princi al $178.50 12 $2,142.00
Associate $147.00 72 $10,584.00
Pro'ect Assistant $90.00 0 $0.00
Subtask Subtotarl $12,726.00
3e. Draft, Peer Review, Revise, Finalize,
Distribute Key Outcomes Memoranda
from Work Team meetings. Review
results of each permitting agencies G+S
comparison analysis, prepare summaries
for discussion with Work Team Princi al $178.50 24 $4,284.00
Associate $147.00 48 $7,056.00
Pro'ect Assistant $90.00 O $0.00
Subtask Subtot~d $11,340.00
oor mate an versee reparation
and Finalization of Training Materials to
Train Permitting Agencies in Use of
G+S's.' Princi al $178.50 20 $3,570.00
Associate $147.00 44 $6,468.00
Pro ect Assistant $90.00 O $0.00
Subtask Subtot~~l $10,038.00
~a ~ ` - ota $60,29'1.00'
Jeff Redding, AICP, Neutral Peer Review Planner to OversE~e
City/County Comparison and Help Develop Strategies to t=ill
the Gaps in G+S's. Will meet twice with each local permitting
agency to facilitate G+S analysis; attendance at Chapter :i
and 7 and Collaborative meetings. $125.00 272 $34,000.00
a . tote ~ Y94~91.00'
~~ aooun~Nuv~~ a u~a~ uou n,~ a~an wuutu ~aKe use ieau m uammg wcai perm¢ung agencies.
8/19/04 3 of 8
CONCUR Proposed Scope: Water Resources Protection Collaborative Facilitation, September 2004 -August 2005
Task 3.5: Coordination of Tasks' to Support Development of Implementing Mechanisms, Incluiing
the Convenin and Facil[tation of Ei_ ht Cha ter 5 Work Team Meetin s
3.5a. Prepare and distribute agenda
and materials for eight Chapter 5
Meetings Princi al $178.50 40 $7,140.00
Associate $147.00 8 $1,176.00
Pro ect Assistant $90.00 O $0.00
Subtask Subtotal $8,316.00
3.5b. Convene and facilitate eight
Chapter 5 Work Team Meetings Princi al $178.50 64 $11,424.00
Associate $147.00 12 $1,764.00
Pro ect Assistant $90.00 O $0.00
Subtask Subtotal $13,188.00
Finalize, Distribute Key Outcomes
Memoranda from Work Team meetings.
Coordinate preparation of and/or
prepare Implementing Tools (ie.,
Streamside Protection Plan
specifications, toot box for General
Plans, specs for Streamside Planning
Areas, Standard Permit Conditions,
Permit Checklists, Model Ordinance,
etc.) Princi al $178.50 80 $14,280.00
Associate $147.00 12 $1,764.00
Pro ect Assistant $90.00 O $0.00
Subtask Subtotal $16,044.00
a toTa $.37.548003
Jeff Redding, AICP, to assist with preparation, research and
peer review of implementing tools. $125.00 40 $5,000.00
a tote $42,548.00;
`Tasks do not include preparation of written hand outs with standard design and detail spectifications for
exempt land uses.
8/19/04 4 of 8
CONCUR Proposed Scope: Water Resources Protection Collaborative Facilitation, September 2004 -August 2005
Task 4: Organize, Recruit, Convene and Facilitate Four Com rehensive Plan Workin. Grou Meetings"
a. arry u an oor ma e
Formation and Recruitment of Working
Group Members; Draft Final Team
Roster Princi al $178.50 36 $6,426.00
Associate $147.00 24 $3,528.00
Pro ect Assistant $90.00 O $0.00
Subtask Subtot,31 $9,954.00
4b. Prepare and Distribute Agendas,
Attachments for Four Comprehensive
Plan Working Group Meetings Princi al $178.50 36 $6,426.00
Associate $147.00 12 $1,764.00
Pro'ect Assistant $90.00 O $0.00
Subtask Subtot~jl $8,190.00
4c. Convene and Facilitate Four
Comprehensive Plan Working Group
Meetings Princi al $178.50 24 $4,284.00
Associate $147.00 24 $3,528.00
Pro ect Assistant $90.00 0 $0.00
Subtask Subtot~~l $7,812.00
ra eer eview, evise, ina ize,
Distribute Key Outcomes Memoranda
from four Comprehensive Plan Working
Group Meetings. Draft Work Ptans,
Outlines and Recommendations for
Working Group. Princi al $178.50 24 $4,284.00
Associate $147.00 9 $1,323.00
Pro~ect Assistant $90.00 0 $0.00
Subtask Subtot<d $5,607.00
as u tota $31,563.fJ10
'SCVWD has not decided to authorize preparation of the Comprehensive Plan. The assumption is that the
District will go forward.
8/19/04 5 of 8
CONCUR Proposed Scope: Water Resources Protection Collaborative Facilitation, September 2004 -August 2005
Task. S: Coordinate and Oversee. Outreach Program and Development of Educational Materials for
Outreach to Property Owners by Convening and Facilitating Six Meetings of an Outreach Work Team
(Assume S meetings in Nov - July timeframe)
Sa. Carry Out and Coordinate
Formation and Recruitment of Work
Team Members; Coordinate with other
Initiatives, such as WMI/SCVURPPP,
including oversight of Outreach Expert.
rinci al
178.50
8
1,428.00
Associate $147.00 16 $2,352.00
Pro~ect Assistant $90.00 O $0.00
Subtask Subtotal $3,780.00
5b. Prepare and Distribute Agendas
and Attachments for Six Outreach Work
Team Meetings
Princi al
$178.50
9
$1,606.50
Associate $147.00 27 $3,969.00
Pro ect Assistant $90.00 0 $0.00
Subtask Subtotal $5,575.50
5c. Convene and Facilitate Six Outreach
Work Team Meetings
Princi al
$178.50
12
$2,142.00
Associate $147.00 54 $7,938.00
Pro~ect Assistant $90.00 O $0.00
Subtask Subtotal $10,080.00
Sd. Draft, Peer Review, Revise, Finalize,
Distribute Key Outcomes Memoranda
from Six Outreach Work Team Meetings
Princi al
$178.50
9
$1,606.50
Associate $147.00 27 $3,969.00
Pro ect Assistant $90.00 O $0.00
Subtask Subtotal $5,575.50
as . u tote $25,(Yl~.00
8/19/04 6 of 8
CONCUR Proposed Scope: Water Resources Protection Collaborative Facilitation, September 2004 -August 2005
Task 6: Coordinate Efforts of the Early Consultation Pilot in Select Cities
a. eve op an is n u e i y oun y
Survey to Identify Which Cities would
like to Participate in an Early
Consultation Process and in What
Timeframe
rinci al
178.50
6
1,071.00
Associate $147.00 10 $1,470.00
Pro ect Assistant $90.00 0 $0.00
Subtask Subtot~~l $2,541.00
6b. Convene, Prepare or, and
Facilitate Three Pilot Project Meetings
to Take Stock of Efforts to Date
Princi al
$178.50
6
$1,071.00
Associate $147.00 27 $3,969.00
Pro~ect Assistant $90.00 0 $0.00
Subtask Subtotail $5,040.00
c. ocument essons earne an
Recommendations for Future Projects;
Coordinate Adoption of G+S's via Early
Consultation as appropriate.
rinci al
178.50
2
2,142.00
Associate $147.00 40 $5,880.00
Project Assistant $90.00 0 $0.00
Subtask Subtotal $8,022.00
tots $15,643:00'
Task 7: Develop the Framework for Implementation; Monitoring,. Assessment and Adaptive
Management, Including the Convening and Facilitation of Six InstitutionaLArrangements Work Team
Meetings
7a. Prepare an istn ute Agen as
and Attachments for Six Institutional
Arrangements Work Team Meetings Princi al $178.50 36 $6,426.00
Associate $147.00 12 $1,764.00
Pro ect Assistant $90.00 0 $0.00
Subtask Subtotal $8,190.00
7b. Convene and Facilitate Six
Institutional Arrangements Work Team
Meetings Princi al $178.50 42 $7,497.00
Associate $147.00 12 $1,764.00
Project Assistant $90.00 0 $0.00
Subtask Subtotal $9,261.00
Adaptive Management Including a
Monitoring, Reporting, and Assessment
Process Based On Input from Work
Team members. Address Issues of
Permit Monitoring and Enforcement.
Peer Review, Revise, Present to
Collaborative Princi al $178.50 48 $8,568.00
Associate $147.00 24 $3,528.00
Pro~ect Assistan: $90.00 O $0.00
Subtask Subtotal $12,096.00
as tote
$29547:00.
8/19/01 7 of 8
CONCUR Proposed Scope: Water Resources Protection Collaborative Facilitation, September 2004 -August 2005
CONCUR Professional Services Subtotal
Subtotals by CONCUR Staff Principal $178.50 1,244.0 $222,054.OC
Associate $147.00 1,088.0 $159,936.OC
Pro~ect Assistant $90.00 46.0 $4,140.OC
ota o ess~ona ervices
5ubtota I $ 386,130.00
AtlditionaL Expert:Services .
Jeff Reddin , AICP $125.00 312 $39,000.00
Neutral Expert to Assist with Development of Adaptive
Management Process, Including Permit Reporting and
Monitorin (Task 7). $10,000.00
Expert to Prepare Written Handouts with Standard Design
and Detail S ecifications for Exem t Land Uses. (Task 3.5)'
Expert to Prepare Outreach and Educational Materials and
Coordinate Dissemination. (Task 5) *
$49.000.00
*It is assumed that these tasks would be handled by District staff, or the District would recruit and hire a
consultant separately.
Total Professional Services Subtotal $435,1.30.00.
Direct ~Ex~senses
Telecommunications (Phone, Conference Calls, Faxes) $2,400.00
Copying, Express Mail $1,000.00
Roundtrip Travel to Meetings (Berkeley to San Jose and Santa Cruz to San Jose)
$40*60 Mtgs $2,400.00
penses u t _ .:. " X5,800:00,
TQTAL $440, 930.00
8/19/04 8 of 8
rw
~~
'*.+'
i ti
"~'r
1832 Second Street
Berkeley. California 94710
Phone: (510) 649-8008
Fax: (510) 649-1980
e-mail: concur@concurinc.net
501 Cedar Street. Suite B
Santa Cruz. California 95060
Phone: (831) 457-1397
Fax: (831) 457-8610
e-mail: concur@concurinc.com
www.concurinc.com
Proposed Scope of Work to Provide Professional Services in Support of the Santa
Clara Valley Water Resources Protection Collaborative (WRPC)
September 2004-August 2005
Prepared Aui~ust 17, 2004
Introduction
In response to a request from District staff anti the WRPC members, this proposed Scope
of Work describes the level of effort needed to provide the range of professional services
needed to support the Water Resources Protection Collaborative and its development of a
series of work products over the period September 2004-August 2005. This memorandum
summarizes progress to date, the major elements of the Scope, and describes how the
Workplan meets the challenges inherent in developing the multi-party negotiated
agreements among Collaborative member agencies for land use near streams and related
topics.
Progress to Date
The Collaborative's August 5, 2004 Resolution of Consensus and related agreements
illustrate the substantial progress made to date by the Collaborative. Much momentum
has been created in the Collaborative proces~i, overcoming several obstacles to success.
The current challenge is to maintain and build upon the solid progress and momentum
which now exists.
The Collaborative's agreements were reached over a several month period from July 2003
to August 2004. Please refer to the package ~~f written agreements to see first hand the
results. of the consensus-based Collaborative process. Included in these ratified work
products is the Collaborative's Workplan for the next year. The attached Scope of Work
draws heavily from that Workplan, with refinernents made since August 5, 2004.
Facilitated Negotiation Environmental Policy Analysis Strategic Planning
Training Regulatory Compliance Join[ Fact-Finding
Maior Elements in the Scope of Work
The Proposed Scope of Work (attached) details the approach, tasks and associated costs
for each element of work to take place over the next 12 months, which are:
1. Completion of Guidelines and Standards (Guidelines and Standards) for Land
Use Near Streams
a. Finalization of Guidelines and Standards
b. Completion of Implementing Tools for Guidelines and Standards
c. Coordination of Early Consultation for permits between SCVWD and
Cities/County to support adoption of Guidelines and Standards
d. Coordination of "Decision Maker Check-in's" with local elected officials
e. Coordination of involvement of legal counsels from
SCVWD/Cites/County to prepare for adoption of legal authorities for
Guidelines and Standards
f. Initiation of Community Outreach for Guidelines and Standards
g. Preparation for and Initiation of Training for City/County staff in use of
Guidelines and Standards
h. Completion of the Adaptive Management Framework, which describes the
structure and process for reporting, monitoring and adaptively
managing Guidelines and Standards for Land Use Near Streams
2. Preparation of SCVWD Comprehensive Plan (CP)
a. Coordination of input into SCVWD's Comprehensive Plan by CP Working Group
There are several sub-tasks for each of these major elements of work. Please refer to the
actual Scope of Work for a detailed description of all tasks and the related work needed to
complete them.
Number and Tvpe of Meetings
To produce the work products related to each element of the Collaborative's work, the
following series of structured meetings are thought to be necessary:
A. Eight Collaborative meetings
B. Twelve Steering Committee meetings
C. Two City/County Caucus meetings with senior District staff
D. Twelve Chapter 7 Work Team meetings (Guidelines and Standards)
E. Eight Chapter 5 Work Team meetings (G+S Implementing Tools)
F. Four Comprehensive Plan Work Team meetings
G. Six Outreach Work Team meetings
H. Three Pilot Project Work Team meetings
I. Six Institutional Arrangements Work Team meetings
CONCUR, Inc. Proposed Scope of Work September 2004 -August 2005 Page 2 of 5
Each meeting requires pre-meetings tasks including consultations with District staff and
Work Team members, agenda preparation, preparation and/or review and revision to
agenda attachments (interim agreements), mE~eting facilitation, meeting summary
memorializing key decisions and next steps (K:ey Outcomes Memoranda) and resulting
oversight of related written work products (nest version of written agreements).
Non-Meeting Activities
The following non-meeting activities are also major components of the Collaborative's
Workplan and the Proposed Scope of Work:
A. Post Phase Two Evaluation to identify what has worked well in Collaborative process
and any improvements that can be made
6. Writing, coordination and management of ~rll written agreements
C. Ongoing phone consultations, Strategic Pl~~nning and communication with District staff
and Collaborative member organizations tl-iroughout project
D. Updating of internal Tasking Memoranda, P~leeting Schedules and Summary of Ratified
and Pending Agreements and Work Produ~~ts
E. Posting all agendas, Key Outcomes Memoranda and written agreements on project
website for easy access by all participants
F. Oversight and Coordination of Comparison Exercise for Guidelines and Standards
G. Management of neutral peer review expert planner who will assist with finalization of
Guidelines and Standards
H. Development and coordination of outreach strategy to local elected officials and their
legal counsels
I. Coordination and support for preparation o~f training materials for Guidelines and
Standards
J. Preparation of written Implementing Tools 1~or Guidelines and Standards
K. Recruitment and coordination of ComprehE~nsive Plan Working Group
L. Formation and coordination of Outreach Work Team
M. Completion of Framework for Adaptive Management
Key Working Assumptions
The attached Scope of Work is based on thesE~ key assumptions:
The maximum possible progress will be m~rde on all products and deliverables stepped
out in the Collaborative's Workplan (attached). Particular emphasis will be placed on
finalization of the Guidelines and Standard:, to in turn to prepare them for adoption by
the Cities/County.
CONCUR would continue to serve as the ~~ecretariat in writing and peer reviewing both
draft and final memoranda, outlines and agreements for the Collaborative, including
Implementing Tools for Guidelines and Standards, the Adaptive Management
Framework, etc. Collaborative members h:3ve reported that having this neutral
document preparation function has been are essential element of its success in
reaching agreements.
CONCUR, Inc. Proposed Scope of Work S°ptember 2004 -August 2005 Page 3 of 5
In order to maintain the credibility of the process and its work products, a neutral
planning consultant, Jeff Redding, AICP, would assist the cities/County in completing
the Guidelines and Standards gaps analysis, including recommendations for Enhanced
Practices. Mr. Redding would also act as neutral peer reviewer for Implementing
Tools.
It is anticipated that the SCVWD will need to hire expert consultants, and/or assign
work products to District staff to complete these tasks and subtasks, as follows:
^ Task 3: Preparation of Guidelines and Standards Training Material
^ Task 3.5: Preparation of standard details and specifications for handouts for
exempt land uses
^ Task 5: Preparation and distribution of educational and outreach materials
related to Guidelines and Standards
^ Task 7: Neutral Expert to Assist with Development of Adaptive Management
Process, Including Permit Reporting and Monitoring
For these three deliverables, CONCUR will provide guidance, coordinate input from
Collaborative members and peer review final work products to ensure their accuracy and
internal consistency with Collaborative agreements.
Meeting the Challenaes Posed by Multi-Party, Regulatorv Negotiations
The major objective of the Collaborative process is to develop effective mechanisms to
implement the District's mission to protect water resources in Santa Clara County. It
seeks to do this by creating e a series of written agreements deemed satisfactory by all
participating stakeholder groups, which will lay the foundation for the Guidelines and
Standards. These, in turn, can then be implemented by the District, cities and the County.
The nature of this multi-party regulatory-based negotiation process poses several
challenges. The facilitated negotiation process must recognize, account for and overcome
each of these challenges, including:
1. Integrating the interests of the Districts and a large number of peer negotiating parties.
Negotiations for the regulatory-based Guidelines and Standards occur between the 16
local governments, the Water District, other governmental agencies (i.e. Regional
Board, Guadalupe-Coyote Resource Conservation District) business, environmental,
citizen and agricultural based organizations. Therefore, each negotiated agreement
must account for the interests of each of these Collaborative members.
2. Anticipating direct impacts on local permitting agencies. In contrast to more site-
specific disputes (i.e., Downtown Guadalupe River Flood Control Project) and policy
disputes (i.e., General Plan type disputes), the potential impacts of the Guidelines and
Standards are keenly-felt by local permitting agencies. These impacts, span
environmental, economic and political concerns. The effects of the Guidelines and
Standards are real and concrete, and have to be fully accounted for during the
negotiation process. This creates tremendous complexity in the face-to-face facilitated
negotiation process. This complexity in turn requires that the neutral spend
considerable time preparing for each negotiating session, to delve into each issue from
the viewpoint of every negotiating organization, a departure from a more standard
facilitation process.
CONCUR, Inc. Proposed Scope of Work September 2004 -August 2005 Page 4 of 5
3. Integrating fact finding on land use issues. Land use issues, are by their nature,
among the most sensitive and difficult to n~:gotiate.
4. Close tracking of progress. These kind of multi-party negotiations are time consuming
and logistically difficult to conduct and maintain. The vast majority of CONCUR's staff
time is spend on this task, as opposed to meeting facilitation.
5. Compile and synthesize solid technical information as the foundation for all written
agreements. Each issue negotiated requires that a solid foundation of information be
developed, translated and presented to thE~ negotiators; agreements are only as good
as the information upon which they are ba;;ed. Hence there is a need for expert
consultants and neutral peer reviewers to confirm and reinforce the credibility of
information.
Fortunately, the team retained by the District Has been able to clearly identify and respond
to each of these challenges.
Attachments (2): Proposed Scope of Work; W~xkplan for Collaborative
CONCUR, Inc. Proposed Scope of Work S~;ptember 2004 -August 2005 Page 5 of 5
11/08/2004 15:11 15106491980
U ~ O
Second 9aeet 1 Ga., Amt, 5„tce B
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aerYckv, CdJo,d44+1710 54nu Cn+e. CYllomi~ 95060
Phone, ISttn 699d00a tMOne~. (031) 457-1397
O
e..: (Sfo) N9~19a~ f... (031) ana6f o
E•Matl: cav:uAcoocurinc.net
• www<w~nirincrom E•MwO~ cpKUAconcurlnccom
FACSIMILE COVER
Date: November 8, 2004
To: Luis Jaimes
FAX: 408-979-5627
From: Amy ~eBlvnc, COtdCilfZ; lac. ~5 a{t:~,~49:8(~08~
Page 1 of 3
PAGE 01
Luis,
Attachedis a copy of the contract agreement between CONCUR and the City
of Cupertino. The agreement is for $465,930.00, as that was the amount
awarded, but as you know CONCUR used X615,000 of that in September. The
current amount we -ore billing againstts then $450,930:00, which is that amount
of the scope CONCUR submitted for 2004-2005.
Also attached are the first two invoices we have submitted billing against this
contract amendment. I will be sure to cop~r you on all our invoices in the future.
Please let me know if you have questions.
Amy LeBlanc
Pacilitued Negaiafioa P.1lvirmmental Policy An31y6i8 Stntegie Plruufing
7Yaining Regulatory Compliance Joint Fact-FinQiog
Sep 06 05 09:24a
SIXTH AMENDMENT TO /AGREEMENT #A2687M
BETWEEN THE CITY' OF CUPERTINO
AND THE SANTA CLARA Vi~LLEY WATER DISTRICT
This Sixth Amendment to Agreement #A2687M for Payment between the City of Cupertino and
the Santa Clara Valley Water District, dated Marcli 3, 2003 (Agreement), is made and entered
into effective August 31, 2005, by and between the City of Cupertino, a municipal corporation
(City) and the Santa Clara Valley Water District, a public agency (District).
RECIT,aLS
1. The City and the District entered into the AgreE>ment providing for reimbursement to the City
of costs for facilitation expenses incurred by CON~;,UR, Inc, to assist the Water Resources
Protection Collaborative in developing, negotiating, and drafting certain work products for the
protection of water resources.
2. The Agreement has subsequently been amended from time to time.
2. The City and the District desire to further amend the Agreement to extend the term, with no
increase in the total amount of reimbursement the City will receive from the District.
NOW, THEREFORE, the parties agree that the Acreement is amended as follows:
The term of the Agreement is modified to run from the original beginning date of March 5, 2003,
tv and including November 7, 2005, or until City h~~s been reimbursed for all authorized costs
incurred on or before that date by City in connection with the CONCUR contract. This
Agreement may be terminated earlier if the servicE~s of CONCUR are terminated.
All other terms and conditions in the Agreement, as amended, remain in full force and effect.
CITY OF CUPERTINO SANTA CLARA VALLEY WATER DISTRICT
C~~~
Ralph Qualls Stan 1Nilliams
Public Works Director Chief Executive Officer
p.l
SEVENTH AMENDMENT TAD AGREEMENT #A2687M
BETWEEN THE CITY OF CUPERTINO `~~ ~ ~ ~ ~?('~~
~~
AND THE SANTA CLARA VALLEY WATER DISTRICT
This Seventh Amendment to Agreement #A2687M for Payment between the City of Cupertino
and the Santa Clara Valley Water District, dated March 3, 2003 (Agreement), is made and
entered into effective November 1, 2005, by and between the City of Cupertino, a municipal
corporation (City) and the Santa Clara Valley Water District, a public agency (District).
RECITALS
A. The City and the District entered into the Agreement providing for reimbursement to the City
of costs for facilitation expenses incurred by COI~ICUR, Inc, to assist the Water Resources
Protection Collaborative in developing, negotiating, and drafting certain work products for the
protection of water resources.
B. The Agreement has subsequently been amended from time to time.
C. The City and the District desire to further amend the Agreement to extend the term and
provide for additional reimbursement.
NOW, THEREFORE, the parties agree that the Agreement is amended as follows:
1. Section A, TERM, is amended to provide that ~:he term of the Agreement is extended to and
including November 30, 2006, or until City has been reimbursed for all authorized costs incurred
on or before that date by City in connection with the CONCUR contract.
2. Section B, COSTS, is amended to provide for up to an additional $275,000 to be reimbursed
to City for services provided by CONCUR, for a total not to exceed amount of $1,129,000.
All other terms and conditions in the Agreement, <~s amended, remain in full force and effect.
CITY OF CUPERTINO
C.Q. c.,c. c,~ (.Cs
~~~
Ralph Qualls
Public Works Director
SAN-fA CLARA VALLEY WATER DISTRICT
~~~~
Stan Williams
Chief Executive Officer