CC Resolution No. 16-074 Approving and Authorizing the City Manager to Execute and Administer a MOU with the Santa Clara Valley Water District for a Landscape Conversion Rebate Program and Appropriate $115,000RESOLUTION NO. 16-074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND
ADMINISTER A MEMORANDUM OF UNDERSTANDING WITH THE SANTA
CLARA VALLEY WATER DISTRICT FOR A LANDSCAPE CONVERSION REBATE
PROGRAM AND APPROPRIATE $115,000
WHEREAS, the City of Cupertino, a municipal corporation and general law city
duly organized and existing under and pursuant to the laws of the State of California
(City) is authorized to enter contracts on its behalf and for the benefit of the City; and
WHEREAS, the reasons supporting the entrance of the City into the
Memorandum of Understanding with the Santa Clara Valley Water District for
Conservation Programs is set forth in detail in the staff reports and hearings for June 2,
2015 and June 16, 2015 Council meetings and are incorporated herein by reference; and
WHEREAS, the City entered into a similar Memorandum of Understanding with
the Santa Clara Valley Water District for a Landscape Conversion Program in FY 15/16;
and
WHEREAS, the consideration by the City Council of the adoption of this
Resolution has been duly noticed pursuant to applicable laws and Council provided
members of the public an opportunity to comment and be heard and considered all
testimony and evidence in connection with the adoption of this Resolution; and
WHEREAS, pursuant to the provisions and requirements of the California
Environmental Quality Act of 1970, together with related State CEQA Guidelines
(collectively, "CEQA"), the City determines that the provisions of this Resolution are
exempt as a project intended to protect the environment and natural resources (14
Cal.Regs. 15307, 15308); and
WHEREAS, the City Council determines that the adoption of this Resolution is in
the public interest.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
HEREBY FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS:
Section 1. Recitals. The City Council does herby find, determine, and resolve that
the foregoing recitals are true and correct.
Section 2. Approval and Authorization. The City Council does further resolve that:
a. The Memorandum of Understanding with the Santa Clara Valley Water
District (MOU) for water conservation programs in substantially in the form
attached hereto as Exhibit /1 A" is approved;
b. The City Manager is delegated the authority and is authorized to negotiate
and execute the MOU in substantially in the form as attached Exhibit /1 A",
provided that the funds do not exceed one hundred fifteen thousand dollars
($115,000.00).
Section 3: Effective date: This Resolution is effective immediately upon adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 5t11 day of July, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Chang, Vaidhyanathan, Paul, Sinks, Wong
None
None
None
APPROVED:
~~il
Grace Schmidt, City Clerk
Exhibit A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE SANT A 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
entered into this July , 2016.
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
a) Administration of the PROGRAM, which administration shall include the creation of the
PROGRAM brochures and applications.
Exhibit A
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 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 payment to WATER DISTRICT within 60 day s of receipt of Invoice from WATER
DISTRICT.
3. HOLD HARMLESS AND LIABILITY
Each Party ("Indemnifying Party") agrees to indemnify, defend at its own expense, including
attorneys' fee s, and hold harmless the other Party ("Indemnified Party") from and against all
claims, costs, penalties, causes of action, demand s, losses and liability of any nature
whatsoever, including but not limited to liability for bodily injury, sickness, disease or death,
Exhibit A
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, 2016 to December 30, 2017, 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
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Attn: Environmental Programs
Exhibit A
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.
Exhibit A
APPROVED AS TO FORM:
Randolph Hom
City Attorney
City of Cupertino
SANTA CLARA VALLEY WATER DISTRICT
David Brandt
City Manager
City of Cupertino
An independent special district created by the California Legislature
Anthony Fulcher
Sr . Assistant District Counsel
Santa Clara Valley Water District
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:
Randolph Hom
City Attorney
City of Cupertino
3\:
SANTA CLARA VALLEY WATER DISTRICT
David Brandt
City Manager
City of Cupertino
An independent special district created by the California Legislature
~~~ AnthOnUicher
Sr. Assistant District Counsel
Santa Clara Valley Water District
5
Interim Chief Executive Officer
Santa Clara Valley Water District