15-098 Memorandum of Understanding (MOU) Between the Santa Clara Valley Water District for a Landscape Conversion Rebate Program, Resolution No. 15-057I
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57501Alrnaden Expressway, San Jo se, CA 95118-3614 I (408) 265-2600 I www.valleywater.org
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Santa Clara Valley
Waler Dislric (:)
July 5 , 2016
Roger Lee
City of Cupertino , Public Works Dept.
10300 Torre Ave .
Cupertino , CA 95014
RECEIVED
JUL 11 2016
PUBLIC WORKS DEPARTMENT
Subject: Amendment No. 2 to Agreement A3887S between the Santa Clara Valley Water
District and the City of Cupertino
Dear Mr. Lee ,
Enclosed is an enacted copy of Amendment No. 2 to Agreement A3887S which was executed
by the Santa Clara Valley Water District on June 30 , 2016 . Please retain the enclosed copy for
your records and reference any future correspondence related to this contract with Agreement
A3887S.
If you have any questions regarding this Agreement , please contact Project Manager Karen
Koppett at (408) 630-2707 or kkoppett@valleywater.org .
Sincerely,
rl/cA.
Roderick S. J ff rs
Supervising P ra Administrator
Consultant Contracts Services
Enc .: Agreement A3887Sb
Our mission is to provide Silicon Valley safe , clean water for a healthy life , environme nt, and economy . r.".
SCVWD ENACTED COPY
Contract Administration UnJt
SECOND AMENDMENT TO AGMT: A ~j3$7Sb FILE• A(/fL
MEMORANDUM OF UNDERSTANDING • ----
BETWEEN THE
SANTA CLARA VALLEY WATER DISTRICT
AND THE CITY OF CUPERTINO
FOR A LANDSCAPE CONVERSION REBATE PROGRAM
This Second Amendment ("Second Amendment") to Memorandum of Understanding between the Santa Clara Valley Water
District ("WATER DISTRICT") and ~ City of Cupertino ("CUPERTINO"), originally entered into on or about June 16 ,
2015, is dated for reference this ~O day of --:n;/'Je.-, 2016.
RECITALS
WHEREAS, on or about June 16, 2015, CUPERTINO and WATER DISTRICT entered into an agreement entitled
"Memorandum of Understanding between the Santa Clara Valley Water District and the City of Cupertino for a Landscape
Conversion Rebate Program" ("MOU")"; and
WHEREAS, on November 17, 2015, CUPERTINO and WATER DISTRICT amended MOU by entering into an
Amendment to the Memorandum of Understanding Between the Santa Clara Valley Water District and the City of
Cupertino for a Landscape Conversion Rebate Program; and
WHEREAS , collectively, the MOU and the Amendment are hereinafter referred to as the MOU; and
WHEREAS, CUPERTINO and .WATER DISTRICT desire that WATER DISTRICT continue the Landscape Conversion
Rebate Program.
NOW, THEREFORE, the parties agree to amend the MOU as follows:
1. The MOU, Section 5 , "Term" is hereby amended to read as follows:
5. TERM
The tenn of the MOU is from July 1, 2015 to December 31, 20 16 , or until funds are depleted , whichever
occurs first. The term of th e MOU may be extended by mutual consent of the Parties. This MOU shall be
contingent upon approval of program funding each fiscal year by both the WATER DISTRICT'S Chief
Executive Officer and by CUPERTINO.
2 . All of the terms and conditions of the MOU not modified by this Second Amendment shall remain in full force and
effect.
IN WITNESS THE EXECUTION HEREOF the parties have caused the Second Amendment to be executed as of the
Second Amendment Effective Date se t forth above .
SANTA CLARA VALLEY WATER DISTRICT
an independent special district created by the California Legislature
Anthony F lcher
Senior sistant District Counsel
CITY OF CUPERTINO
App Dd " to form
By: ~} ) A J_/'-J
RandQlPh Stevenson Hom
o('\.---City Attorney
\) C ity of Cupertino
Interim Chief Executive Officer
B y ~tt
David Brandt
C ity Manager
City of Cupertino
5750 Almaden Expressway, San Jose, CA 95118-3614 I (408) 265-2600 I www.valleywater.org
December 28, 2015
City of Cupertino
10300 Torre Avenue
Cupertino, Ca 95014
Attn: City Clerk's Office -Lauren Sapudar
San~a Clara Valley
Walet Dislric(:)
Subject: First Amendment to Agreement A3887S between the Santa Clara Valley Water
District and the City of Cupertino
Dear Lauren Sapudar,
As you have requested in your December 8, 2015 letter to the Santa Clara Valley Water
District's Conservation Program, find enclosed two enacted copies of the first amendment to
Agreement A3887S. This amendment was executed by the Santa Clara Valley Water District
on December 17, 2015. Please reference any future correspondence, related to this contract,
with Agreement A3887S.
If you have any questions regarding this Agreement, please contact Project Manager Karen
Koppett at (408) 630-2707 or kkoppett@valleywater.org.
Sincerely,
Roderick S. Jefferson Sr.
Supervising Program Administrator
Consultant Contract Services
Enc.: Two fully executed and enacted original
copies of Amendment No.1 to A3887S
Our mission is to provide Silicon Valley safe, clean water for a healthy life, environment, and economy.
· SCVWD ENACTED COPY c/Jl! Ad~lnlstration u~'
AGMT: Jr~, FILE: ~ I
AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE SANT A CLARA VALLEY WATER DISTRICT AND THE
CITY OF CUPERTINO FOR A LANDSCAPE CONVERSION REBATE
PROGRAM
On or about June 16, 2015, the Cupertino City Council approved a MEMORANDUM OF
UNDERSTANDING (MOU) between the Santa Clara Valley Water District, an Independent
special district created by the California Legislature (hereinafter referred to as WATER
DISTRICT) and the City of Cupertino (hereinafter referred to as CUPERTINO) which set
forth the respective roles of the WATER DISTRICT and CUPERTINO with respect to the
WATER DISTRICT'S WATER CONSERVATION LANDSCAPE CONVERSION REBATE
PROGRAM (hereinafter referred to as PROGRAM).
RECITALS
WHEREAS, the PROGRAM involves providing Water Conservation Landscape Conversion
Rebates for properties located within CUPERTINO's jurisdiction; and
WHEREAS, the PROGRAM includes the Landscape Conversion Rebate Program for Water
Efficient Landscape Conversions; and
WHEREAS, the PROGRAM is an appropriate measure for the Best Management Practices
addressed in the California Urban Water Conservation Council's MOU regarding Urban
Water Conservation in California; and
WHEREAS, the WATER DISTRICT has established the PROGRAM, in part, to provide
financial incentive to remove existing turf lawns; and
WHEREAS the PROGRAM has proven to be a success and has encouraged conservation
measures by CUPERTINO residents;
WHEREAS, CUPERTINO wishes to increase financial participation in the PROGRAM and
increase funding in order to provide additional incentives for Cupertino residents to remove
existing lawns.
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NOW, THEREFORE, in consideration of the recitals and mutual obligations of the parties
expressed above and in the MOU, WATER DISTRICT and CUPERTINO agree to amend the
MOU as follows:
1. The MOU, Paragraph 2, "Cupertino's Responsibilities", is hereby amended to read as
follows:
a. Work cooperatively with WATER DISTRICT in appropriately advertising the
PROGRAM to the targeted customers.
b. CUPERTINO must pay WATER DISTRICT as set forth below for each activity
performed by the WATER DISTRICT in the CUPERTINO service area:
• Up to $1.00 per each square foot of turf removed per qualified residential
and for commercial rebate, up to $1,000 per residential and up to $10,000 per
commercial site, as per the District's Landscape Rebate Program
requirements.
c. CUPERTINO's obligation to pay for the PROGRAM activities is capped at a
total maximum of $115,000.
d. Make payments to the WATER DISTRICT within 60 days of the receipt of
Invoice from WATER DISTRICT.
2. All other provisions of the MOU remain without change.
In WITNESS WHEREOF, the parties have executed this amendment to the MOU effective as
of November 17, 2015.
Colleen Winchester
Acting City Attorney
City of Cupertino
ATTEST:
~-Grace Schmidt / 2-/J-f J
Clerk, City of Cupertino
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David Brandt
City Manager
City of Cupertino
SANTA CLARA VALLEY WATER DISTRICT
An independent special district
created by the California Legislature
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j,rBeau oldie
Chief Executive Officer
MEMORANDUM OF UNDERSTANDING
BETWEEN THE SANTA CLARA VALLEY WATER DISTRICT AND THE
CITY OF CUPERTINO FOR.A LANDSCAPE CONVERSION REBATE
PROGRAM
This MEMORANDUM OF UNDERSTANDING (MOU)between the Santa Clara Valley
Water District, an Independent special district created by the California Legislature
hereinafter referred to as WATER DISTRICT) and the-City of Cupertino (hereinafter referred
to as CUPERTINO) sets forth the respective roles of the WATER DISTRICT and CUPERTINO
in regard to the WATER DISTRICT'S WATER CONSERVATION LANDSCAPE
CONVERSION REBATE PROGRAM (hereinafter referred to as PROGRAM) is made and
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entered into this June 6, 2015.
RECITALS
WHEREAS the PROGRAM involves providing Water Conservation Landscape Conversion
Rebates for properties located within CUPERTINO's jurisdiction; and
WHEREAS the PROGRAM includes the Landscape Conversion Rebate Program for Water
Efficient Landscape Conversions; and
WHEREAS the PROGRAM is an appropriate measure for the Best Management Practices
addressed in the California Urban Water Conservation Council's MOU regarding Urban
Water Conservation in California; and
WHEREAS the WATER DISTRICT has established the PROGRAM, in part,.to provide
financial incentive to remove existing turf lawns; and
WHEREAS CUPERTINO wishes to participate in the PROGRAM and provide additional
incentives for Cupertino residents to remove existing lawns.
NOW,'THEREFORE, in consideration of the recitals and mutual obligations of the parties
expressed in this MOU, WATER DISTRICT and CUPERTINO agree as follows:
1. WATER DISTRICT'S RESPONSIBILITIES
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a) Administration of the PROGRAM, which administration shall include the creation of the
PROGRAM brochures and applications.
b) Collection and analysis of data to determine water savings.
c) Administration of all PROGRAM funds including,but not limited to:
Processing the payment of the amounts set forth in 2.b.below, to eligible
persons residing in CUPERTINO ("ELIGIBLE RESIDENTS). This supplemental
rebate amount shall be in addition to the customary amounts paid by the
WATER DISTRICT for the PROGRAM.
Payment of standard PROGRAM amounts to ELIGIBLE RESIDENTS within
8.12 weeks of receipt of CUPERTINO residential applicant's request.
d) Invoicing CUPERTINO, on a quarterly basis.
e) Work cooperatively with CUPERTINO in appropriately advertising the PROGRAM to
targeted customers.
2. CUPERTINO'S RESPONSIBILITIES
a) Work cooperatively with WATER DISTRICT in appropriately advertising the PROGRAM
to the targeted customers.
b) CUPERTINO must pay WATER DISTRICT as set forth below for each activity performed
by the WATER DISTRICT in the CUPERTINO service area:
Up to $1.00 per each square foot of turf removed per qualified residential/commercial
rebate limited to a maximum amount of$1,000 per residential site and $10,000 per
commercial site, as per the District's Landscape Rebate Program requirements.
c) CUPERTINO's obligation to pay for the PROGRAM activities is capped at a total
maximum of$75,000.
d) Make payment to WATER DISTRICT within 60 days of receipt of Invoice from WATER
DISTRICT.
3. HOLD HARMLESS AND LIABILITY
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Each Party ("Indemnifying Party") agrees to indemnify, defend at its own expense, including
attorneys' fees, and hold harmless the other Party ("Indemnified Party")from and against all
claims, costs, penalties, causes of action, demands, losses and liability of any nature
whatsoever, including but not limited to liability for bodily injury, sickness, disease or death,
property damage (including loss of use) or violation of law, caused by or arising out of or
related to the negligence, or willful misconduct of that Indemnifying Party, its officers or
employees, or any other agent acting pursuant to this MOU.
4. DOCUMENT REVIEW
WATER DISTRICT and CUPERTINO will, upon reasonable advance written notice, make
available for inspection to the other party records,books and other documents relating to the
PROGRAMS.
5. TERM
The term of the MOU is from July 1, 2015 to June 30, 2016, or until funds are depleted,
whichever occurs first. The term of the MOU may be extended by mutual consent of the
Parties. This MOU shall be contingent upon approval of program funding each fiscal year by
both the WATER DISTRICT'S Chief Executive Officer and by CUPERTINO.
6. NOTICE
Any notice, payment, credit or instrument,required or permitted to be given hereunder shall
be deemed received upon personal delivery or five (5) days after deposit in any United States
mail depository, first class postage prepaid and addressed to the party for whom intended; or
on the same day as a facsimile transmission is sent as long as original is placed in the mail on
the same day.
If to WATER DISTRICT:
Santa Clara Valley Water District
5760 Almaden Expressway
San Jose, CA 96118
Attn: Conservation Programs
If to CUPERTINO:
Public Works Department
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City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Attn: Environmental Programs
Either party may change such address by notice given to the other party as provided in this
Section 6.
7. AMENDMENTS
The MOU may only be amended by written agreement executed by both parties.
8. ASSIGNMENT
Neither party is allowed to assign, sublet, or transfer this MOU or any of the rights or
interests in this MOU without the written consent of the`other party.
9. SEVERABILITY
The partial or total invalidity of one or more parts of this MOU will not affect the intent or
validity or remaining parts of this MOU.
10. GOVERNING LAW
This MOU is a contract under the laws of the State of California and for all purposes must be
interpreted in accordance with such laws.
11. TERMINATION OF AGREEMENT
This MOU may be terminated by either party hereto for any reason upon thirty (30) days
written notice to the other Party.
12. SIGNATURES
The individuals executing this MOU represent and warrant that they have the legal capacity
and authority to do so on behalf of their respective legal entitles.
In WITNESS WHEREOF, the parties have executed this MOU as of the effective date.
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APPROVED AS TO FORM:
Carol Karode David Brandt
Iwottorney
City Manager
ity of Cupertino City of Cupertino
SANTA CLARA VALLEY WATER DISTRICT
An independent special district created by the California Legislature
AnthonyF c er Beau G ie
Sr. Assis t District Counsel Chief Executive Officer
Santa Clara Valley Water District Santa Clara Valley Water District
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