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05-01-2018 Searchable packetCITY OF CUPERTINO AGENDA CITY COUNCIL 5:30 PM 10300 Torre Avenue and 10350 Torre Avenue Tuesday, May 1, 2018 Non-televised Special Meeting Closed Session (5:30) and Televised Regular Meeting (6:45) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, May 1, 2018, commencing at 5:30 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL - 5:30 PM City Hall Conference Room A, 10300 Torre Avenue CLOSED SESSION 1.Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City Manager 2.Subject: Conference with Legal Counsel-Existing Litigation pursuant to subdivision (a) of Government Code Section 54956.9. Name of case: James J. Wilkerson v City of Cupertino, Santa Clara County Superior Court Case No. 17CV307439 ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall, 10350 Torre Avenue Page 1 1 May 1, 2018City Council AGENDA ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1.Subject: Proclamation to Cupertino students who qualified to play in the All-State Orchestra Recommended Action: Present Proclamation to Cupertino students who qualified to play in the All-State Orchestra 2.Subject: Proclamation declaring May 6-12 as Municipal Clerk's Week Recommended Action: Present Proclamation declaring May 6-12 as Municipal Clerk's Week STUDY SESSION 3.Subject: City of Cupertino Below Market Rate (BMR) Housing Program Study Session Recommended Action: Hold a Study Session to receive the presentation on the City's Below Market Rate Housing Program Staff Report POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 4.Subject: Approve the April 17 City Council minutes Recommended Action: Approve the April 17 City Council minutes A - Draft Minutes Page 2 2 May 1, 2018City Council AGENDA 5.Subject: Master Agreement between the City of Cupertino and Bellecci & Associates to provide civil engineering services on various Bicycle Transportation Improvement Projects. Recommended Action: Authorize the City Manager to execute a Master Agreement between the City of Cupertino and Bellecci & Associates in the amount not to exceed $600,000 for a term of two years with the option to extend for additional time in accordance with contract terms. Staff Report A - Draft Master Agreement 6.Subject: Approve renewal and collection of existing storm drain fees at no increase in rates for FY 2018-2019 Recommended Action: Consider all objections or protests and adopt Resolution No. 18-040 for approval and renewal of the collection of existing storm drain fees at no increase in rates for fiscal year 2018-2019 Staff Report A - Draft Resolution 7.Subject: Approval of the Santa Clara County Countywide AB939 Implementation Fee Agreement and the Santa Clara County Countywide Household Hazardous Waste Collection Program for Fiscal Years 2019 to 2021 Recommended Action: a. Adopt Resolution No. 18-041, a Resolution of the City Council of the City of Cupertino authorizing execution of the Agreement with Santa Clara County for Countywide AB 939 Implementation Fee for Fiscal Years 2019 to 2021, including the delegation of authority to the City Manager, or designee, to execute amendments and future agreements as long as the fee remains the same. b. Adopt Resolution No. 18-042, a Resolution of the City Council of the City of Cupertino authorizing execution of the Agreement with the County of Santa Clara for Countywide Household Hazardous Waste Collection Program for Fiscal Years 2019 to 2021, including the delegation of authority to the City Manager, or designee, to execute amendments and future agreements as long as the fee remains the same. Staff Report A - Draft Resolution - Countywide AB 939 Implementation Fee for FY's 2019-2021 B - Draft Resolution - Countywide HHW Collection Program for FY's 2019-2021 C - Agreement for Countywide AB 939 Implementation Fee D - Agreement for Countywide HHW Collection Program SECOND READING OF ORDINANCES PUBLIC HEARINGS Page 3 3 May 1, 2018City Council AGENDA 8.Subject: Vacate an Easement for Drainage and Incidental Purposes, at 22445 and 22449 Cupertino Road Recommended Action: Conduct a public hearing and adopt Resolution No. 18-043 to vacate an Easement for Drainage and Incidental Purposes, at 22445 and 22449 Cupertino Road Staff report A - Draft Resolution B - Vacation of Drainage Easement Exhibit C - Grant of Drainage Easement Exhibit ORDINANCES AND ACTION ITEMS 9.Subject: Regional Measure 3 Recommended Action: Discuss Regional Measure 3 and consider taking a position on the measure. Staff Report A - RM3 Expenditure Plan B - RM3 Project Map REPORTS BY COUNCIL AND STAFF 10.Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT Page 4 4 May 1, 2018City Council AGENDA The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/index.aspx? page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during Page 5 5 May 1, 2018City Council AGENDA consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 6 6 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3906 Name: Status:Type:Closed Session Agenda Ready File created:In control:4/23/2018 City Council On agenda:Final action:5/1/2018 Title:Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City Manager Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City Manager CITY OF CUPERTINO Printed on 4/25/2018Page 1 of 1 powered by Legistar™7 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3893 Name: Status:Type:Closed Session Agenda Ready File created:In control:4/16/2018 City Council On agenda:Final action:5/1/2018 Title:Subject: Conference with Legal Counsel-Existing Litigation pursuant to subdivision (a) of Government Code Section 54956.9. Name of case: James J. Wilkerson v City of Cupertino, Santa Clara County Superior Court Case No. 17CV307439 Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Subject: Conference with Legal Counsel-Existing Litigation pursuant to subdivision (a) of Government Code Section 54956.9. Name of case: James J. Wilkerson v City of Cupertino, Santa Clara County Superior Court Case No. 17CV307439 CITY OF CUPERTINO Printed on 4/25/2018Page 1 of 1 powered by Legistar™8 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3850 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:4/3/2018 City Council On agenda:Final action:5/1/2018 Title:Subject: Proclamation to Cupertino students who qualified to play in the All-State Orchestra Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council5/1/2018 1 Subject: Proclamation to Cupertino students who qualified to play in the All-State Orchestra Present Proclamation to Cupertino students who qualified to play in the All-State Orchestra CITY OF CUPERTINO Printed on 4/25/2018Page 1 of 1 powered by Legistar™9 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3569 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:1/26/2018 City Council On agenda:Final action:5/1/2018 Title:Subject: Proclamation declaring May 6-12 as Municipal Clerk's Week Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council5/1/2018 1 Subject: Proclamation declaring May 6-12 as Municipal Clerk's Week Present Proclamation declaring May 6-12 as Municipal Clerk's Week CITY OF CUPERTINO Printed on 4/25/2018Page 1 of 1 powered by Legistar™10 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3895 Name: Status:Type:Study Session Agenda Ready File created:In control:4/18/2018 City Council On agenda:Final action:5/1/2018 Title:Subject: City of Cupertino Below Market Rate (BMR) Housing Program Study Session Sponsors: Indexes: Code sections: Attachments:Staff Report Action ByDate Action ResultVer. City Council5/1/2018 1 Subject: City of Cupertino Below Market Rate (BMR) Housing Program Study Session Hold a Study Session to receive the presentation on the City's Below Market Rate Housing Program CITY OF CUPERTINO Printed on 4/25/2018Page 1 of 1 powered by Legistar™11 CITY COUNCIL STAFF REPORT Meeting: May 1, 2018 Subject City of Cupertino Below Market Rate (BMR) Housing Program Study Session Recommended Action Hold a Study Session and Receive an Information Report and Oral Presentation on the City’s Below Market Rate Housing Program. Background The City’s 2014-2022 Housing Element is a comprehensive eight-year plan to address the housing needs in Cupertino. During the planning process to prepare the Housing Element, City officials, staff, and the public discussed strategies to increase the supply of affordable housing in Cupertino. As adopted by the City Council in 2014, the Housing Element includes a “Residential Housing Mitigation Program” that requires certain residential development projects to include a percentage of their total units as below- market rate units that are affordable to moderate-income and lower-income households. Such a requirement is commonly referred to as an “inclusionary requirement;” in Cupertino, the City’s inclusionary requirements are implemented through the Below Market Rate (BMR) Housing Program required by Chapter 19.172 of the Cupertino Municipal Code (BMR Ordinance) and the Below Market Rate Housing Mitigation Program Procedural Manual (Housing Mitigation Manual). The remainder of this staff report summarizes the existing BMR Housing Program’s requirements and provides an overview of the legal framework that governs inclusionary policies to inform the City Council’s discussion of options regarding BMR Housing Program requirements going forward. Existing BMR Housing Program Requirements Because the Housing Element is a component of the City’s General Plan, it sets the highest level of policy direction for the City. Any implementing ordinance, such as the BMR 12 2 Ordinance, and regulations, such as the Housing Mitigation Manual, must be consistent with the policies and proposals set forth by the Housing Element. Housing Element The Housing Element is the City’s primary policy document regarding the development, rehabilitation, and preservation of housing for all economic segments of the population. In accordance with the City’s Housing Element, all new residential and/or non-residential developments are required to help mitigate project-related impacts on affordable housing needs. Specifically, Strategy HE-2.3.2 requires for-sale residential developments with seven or more units to reserve fifteen percent (15%) of their total units as BMR units (without specifying an income level). Rental residential developments with seven or more units are required to reserve fifteen percent (15%) of their total units as BMR units affordable to low-income and very-low income households or pay a Housing Mitigation Fee. Smaller residential projects may either provide one BMR unit or pay a Housing Mitigation Fee. BMR Ordinance To implement the Housing Element, Section 19.172.020.A of the BMR Ordinance requires developers of housing projects to comply with the Housing Element’s requirements. Section 19.172.020.B and 19.172.030 authorize the adoption of rules and regulations to administer the specific details of the BMR Housing Program. Although Section 19.172.020.B of the BMR Ordinance says the City’s objective is to obtain on-site affordable units, it also permits off-site units, land donation, or payment of Housing Mitigation Fees subject to the Housing Mitigation Manual’s requirements. Housing Mitigation Manual The City’s Housing Mitigation Manual (most recently amended by Resolution 15-037 on May 5, 2015) includes such rules and regulations. The Housing Mitigation Manual restates the Housing Element’s general requirements for on-site affordable housing production, but it includes more specific requirements for affordability levels by income. The table below provides a summary of the affordability requirements. Affordability of BMR Units (15% of development total) Ownership BMR Units Rental BMR Units % of Median- Income Units % of Moderate- Income Units % of Very-Low Income Units % of Low-Income Units 50% 50% 60% 40% For purposes of the BMR Housing Program, the City uses household income limits established by the California Department of Housing and Community Development (HCD) that are based on adjustments to the median income in Santa Clara County. The table below summarizes the incomes associated with the various affordability requirements. 13 3 2017 Household Income Limits Income Category Approximate Percent of Area Median Income* Income Limit for 4-Person Household Very Low Up to 50% $59,700 Low Up to 80% $84,900 Median Up to 100% $113,300 Moderate Up to 120% $135,950 *HCD makes various adjustments to very-low and low-income limits, which do not precisely equal 50% and 80% of the median. The Housing Mitigation Manual does not include a requirement that any BMR units be provided as affordable only to extremely low-income (ELI) households making 30% of the Area Median Income (AMI); however, ELI households are eligible to reside in BMR units reserved for very low-income and low-income households if they can afford the rent. In addition to on-site BMR requirements, the Housing Mitigation Manual gives developers the option of requesting the Council to approve an alternative means of compliance, provided that the alternative gives the City affordable housing that is equivalent to the applicable BMR requirement. Applicants may request to: provide on- site rental BMR housing where for-sale is required; purchase off-site units to be dedicated and/or rehabilitated as BMR units; develop off-site BMR units; or donate land for the development of BMR units. Residential developments with six or fewer units may pay the Housing Mitigation fee instead of producing on-site BMR units. The Housing Mitigation fee is also applied to commercial development and fractional units required for residential developments with seven units or more. Such fees are placed in the City’s BMR Affordable Housing Fund (AHF). BMR housing is subject to recorded covenants that require the units be occupied at prices/rents that are affordable to households at the requisite income levels for a period of 99 years. The City’s existing BMR rental program consists of 142 units available to extremely -, very-low, and low-income households. The City’s existing BMR ownership program consists of 120 units available to median- and moderate-income households. BMR renters and owners are monitored annually for compliance with program guidelines. Other Mechanisms to Address Housing Needs In addition to the City's BMR Housing Program, the City can provide incentives to help private entities meet other housing needs in the community. For example, affordable housing developers can leverage contributions from the City's BMR AHF or other local funding programs to apply for Low Income Tax Credits and mortgage revenue bonds. 14 4 By using multiple funding sources, it is possible to raise money to develop subsidized housing at deeper levels of affordability than the City typically requires; the additional funds can also help to provide housing in combination with services for populations with special needs, such as veterans or people with disabilities. In November 2016, Santa Clara County voters approved Measure A- the $950 million affordable housing bond intended to assist with the creation of approximately 4,800 new affordable housing units. Measure A provides another tool, in addition to the City’s BMR Housing Program, to provide affordable housing for vulnerable populations including veterans, seniors, the disabled, low and moderate-income individuals or families, foster youth, victims of abuse, the homeless, and individuals suffering from mental health or substance abuse illnesses. Measure A funding will enhance the County’s ability to achieve its housing priorities which include increasing the supply of housing that is affordable to ELI households in the City. In 2017, Measure A funded six (6) units of permanent supportive housing at The Veranda, the low-income senior housing development just starting construction in Cupertino. Legal Framework For residential projects, the City’s police power provides authority to require a percentage of new residential projects be reserved as affordable housing, subject to certain limitations discussed below. In its 2015 decision California Building Industry Ass'n v. City of San José (CBIA), the California Supreme Court determined that inclusionary requirements for residential projects are land use provisions, similar to rent and price controls. Because land use and price control authority comes from a city's general police power, residential inclusionary requirements that are designed to further the public health, safety, and welfare can be adopted without being justified by a nexus study so long as the requirements are not “confiscatory,” i.e., the requirements cannot deny a property owner the opportunity to earn a fair and reasonable return on its property. To date, efforts to overturn the CBIA case at the United States Supreme Court have failed. Therefore, a nexus study is not currently required for residential inclusionary requirements; however, an economic feasibility study can be used to demonstrate that such requirements are not confiscato ry. The Palmer/Sixth Street Properties L.P. v. City of Los Angeles (Palmer) case was decided in 2009, and for a time, Palmer precluded California cities from requiring long term rent restrictions or inclusionary requirements on rental units. On Septembe r 29, 2017, Governor Brown signed AB 1505 to restore cities' and counties' ability to require on -site affordable units within rental projects, and the law became effective on January 1, 2018. Under AB 1505, cities can impose inclusionary requirements on r ental residential developments provided that: (1) the requirements are imposed in the zoning ordinance; (2) if more than 15 percent of rental units are required to be affordable to low -income households, HCD may require that the requirement be justified by an economic 15 5 feasibility study under certain circumstances; and (3) alternatives to on -site compliance are allowed in the ordinance. The BMR Ordinance is codified in Title 19 of the Municipal Code, which is the City’s zoning ordinance. The BMR Ordinance was in place prior to AB 1505, and its provisions provide alternative means of compliance with its on-site production requirement under the Housing Mitigation Manual; therefore, the City can enforce its BMR Housing Program requirements against for-sale and rental residential projects. Discussion If the City desires to modify its BMR Housing Program, it has several options. Changes to the Housing Mitigation Manual may be adopted by Resolution, and the City Council can modify its BMR Ordinance. Unless it also amends the Housing Element, which would require HCD approval, changes to the BMR Ordinance or the Housing Mitigation Manual would need to be consistent with the policies included in the Housing Element. For example, the Housing Element does not specify an income range requirement applied to for-sale residential development. Therefore, the City could amend the Housing Mitigation Manual to adjust the percentages of moderate - and median-income housing required (or even add a new affordability category, such as “workforce housing”) and still be consistent with the Housing Element. Similarly, the City likely could require rental residential housing be reserved for extremely-low income households, provided that the requirement is not confiscatory, as such housing would also be affordable to very-low and low-income households as required by the Housing Element. In addition, if the City were to amend its BMR Housing Program to require more than fifteen percent (15%) of rental units be reserved for low-income households, HCD could require the City to prepare an economic feasibility study demonstrating that the requirements do not make market rate residential development infeasible if the City fails to meet at least seventy-five percent (75%) of its share of the regional housing need for the above-moderate income category for five (5) years or more or if it does not submit its annual housing element report for at least two consecutive years. Even if HCD does not require an economic feasibility study, such a study c an be useful to inform the City’s policy-making efforts and to ensure that its requirements are not overly burdensome. To meet the applicable legal standard for inclusionary policies, the City’s requirements must not be so high as to be confiscatory. Finally, the City may also want to consider the effect that the BMR Housing Program has on its ability to meet its Regional Housing Needs Allocation (RHNA). For purposes of complying with SB 35, the “no net loss” provisions of SB 166, and affordability requirements in future housing element cycles, the City has an incentive to require actual production of units affordable to low-income households or below. By contrast, affordable “workforce housing” above the moderate-income level is not recognized in SB 35, SB 166, or housing element law, and so does not give the City credit for producing any affordable housing. 16 6 Prepared by: Kerri Heusler, Senior Housing Planner Reviewed by: Aarti Shrivastava, Assistant City Manager Benjamin Fu, Assistant Community Development Director Approved for Submission by: David Brandt, City Manager 17 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3303 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:11/13/2017 City Council On agenda:Final action:5/1/2018 Title:Subject: Approve the April 17 City Council minutes Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Action ByDate Action ResultVer. City Council5/1/2018 1 Subject: Approve the April 17 City Council minutes Approve the April 17 City Council minutes CITY OF CUPERTINO Printed on 4/25/2018Page 1 of 1 powered by Legistar™18 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, April 17, 2018 REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Darcy Paul called the Regular City Council meeting to order in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance. ROLL CALL Present: Mayor Darcy Paul (left meeting at 10:30pm), Vice Mayor Rod Sinks, and Councilmembers Barry Chang, Steven Scharf, and Savita Vaidhyanathan (left meeting at 10:45pm). Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Proclamation to the Tongxiang Friendship-city delegation Recommended Action: Present Proclamation to the Tongxiang Friendship-city delegation Mayor Paul presented the Proclamation to the Tongxiang Friendship-city delegation. 2. Subject: Proclamation to Councilmember Barry Chang and G-50 Conference volunteers Recommended Action: Present Proclamation to Councilmember Barry Chang and G-50 Conference volunteers for coordinating the first G-50 Smart Cities conference held on April 6, 2018 Mayor Paul presented the Proclamation to Councilmember Barry Chang and G -50 Conference volunteers for coordinating the first G-50 Smart Cities conference held on April 6, 2018. 3. Subject: Presentation from De Anza College President Brian Murphy regarding the college strategic planning update 19 City Council Minutes April 17, 2018 Recommended Action: Receive presentation from De Anza College President Brian Murphy regarding the college strategic planning update Written communications for this item included a presentation. Council received the presentation from De Anza College President Brian Murphy regarding the college strategic planning update. 4. Subject: Update regarding status of 2016 Bicycle Transportation Plan Implementation Recommended Action: Receive update regarding status of 2016 Bicycle Transportation Plan Implementation Written communications for this item included a staff presentation. Transportation Manager David Stillman reviewed the staff report. Staff answered questions from Council. Mayor Paul opened public comment and the following individuals spoke: Jennifer Griffin Benaifer Dastoor (Cupertino resident) Ilango Ganga (Cupertino resident) Pam Hershey (Cupertino resident) Larry Dean on behalf of Walk Bike Cupertino (Cupertino resident) Mayor Paul closed public comment. Council received the update regarding status of 2016 Bicycle Transportation Plan Implementation. Council recessed from 8:05 p.m. to 8:13 p.m. POSTPONEMENTS – None ORAL COMMUNICATIONS Jennifer Griffin talked about SB35 and the Vallco Mall project charrettes. Don Sun introduced the Mayor of Tongxiang on behalf of the delegation. 20 City Council Minutes April 17, 2018 Janet Van Zoeren (Cupertino resident) speaking on behalf of Housing Choices Cupertino Task Force talked about the Vallco charrettes and affordable housing. Ashok Aggarwal (Cupertino resident) speaking on behalf of Brahma Kumaris Silicon Valley talked about upcoming events. Alex Witt (Cupertino resident) speaking on behalf of SWFT Blockchain talked about tokens in the digital economy. Rhoda Fry (Cupertino resident) talked about air and water quality in Cupertino. Pam Hershey (Cupertino resident) talked about SB35 and the Vallco Mall project. Kitty Moore (Cupertino resident) talked about SB35 and the Vallco Mall project. David Fung (Cupertino resident) talked about the Vallco Mall charrette process. David Meyer (Mountain View resident) speaking on behalf of Silicon Valley At Home talked about the Vallco Mall charrette process. Long Time Res (Cupertino resident) talked about the Vallco Mall charrette process. Sujatha Venkatraman speaking on behalf of West Valley Community Services talked about affordable housing and the Vallco community engagement process. Terry Griffin (Cupertino resident) talked about the Vallco Mall charrette process. Jean Bedord (Cupertino resident) speaking on behalf of Connie Cunningham talked about the Vallco Mall charrette process. Mayor Paul reordered the agenda to hear item number 16 next under Public Hearings. PUBLIC HEARINGS 16. Subject: Development Permit, Use Permit, and Architectural and Site Approval applications for The Forum at Rancho San Antonio, a continuing care retirement community that currently exists on a 51.5-acre site. Application No(s).: DP-2017-01 (EA-2017-01), ASA-2017- 03, TR-2018-06; Applicant(s): Mary Elizabeth O'Connor (Rancho San Antonio Retirement Housing Corp); Location: 23500 Cristo Rey Drive, APN# 342-54-999 21 City Council Minutes April 17, 2018 Recommended Action: Conduct the Public Hearing and: 1. Approve the Development Permit (DP-2017-01) and Environmental Analysis (EIR) (EA-2017-01); and Certify the final Environmental Impact Report pursuant to the California Environmental Quality Act, and adopt the mitigation monitoring and reporting program per Resolution No. 18-036; 2. Approve the Architectural and Site approval (ASA-2017-03) per Resolution No. 18-037; 3. Approve the Tree Removal Permit (TR-2018-06) to allow the removal and replacement of 25 protected trees per Resolution No. 18-038 Written communications for this item included emails to Council and a staff presentation. Senior Planner Catarina Kidd reviewed the staff report. Mary Elizabeth O’Connor, President of the Board of Directors of The Forum at Rancho San Antonio and applicant’s consultant Eric Morley gave a presentation regarding the project. Mr. Morley answered questions from Council. Mayor Paul opened the public hearing and the following individuals spoke in support: Peggy Jacquet (Cupertino resident) Linda Starkey (Cupertino resident) Dick Jacquet (Cupertino resident) Harvey Dixon (Cupertino resident) Edith Tousey (Cupertino resident) Bonnie Stearns (Cupertino resident) Fred Nichols (Cupertino resident) Jean Kennedy (Cupertino resident) Anne Moulds (Cupertino resident) Lily Young (Cupertino resident) Virginia Willcox (Cupertino resident) Rhoda Fry - make sure buildings constructed in Cupertino are energy efficient Jerry Fischbein (Cupertino resident) Mayor Paul closed the public hearing. Chang moved and Vaidhyanathan seconded to Approve the Development Permit (DP- 2017-01) and Environmental Analysis (EIR) (EA-2017-01); and Certify the final Environmental Impact Report pursuant to the California Environmental Quality Act, and adopt the mitigation monitoring and reporting program per Resolution No. 18-036; 2. Approve the Architectural and Site approval (ASA-2017-03) per Resolution No. 18-037; 3. 22 City Council Minutes April 17, 2018 Approve the Tree Removal Permit (TR-2018-06) to allow the removal and replacement of 28 protected trees per Resolution No. 18-038 as amended. The motion carried unanimously. Council recessed from 9:35 p.m. to 9:40 p.m. Agenda items continued in order. CONSENT CALENDAR Vaidhyanathan moved and Sinks seconded to approve the items on the Consent Calendar as presented, item number 5 as amended, and the exception of item numbers 11 and 13 which were pulled for discussion. Ayes: Paul, Sinks, Chang, Scharf, and Vaidhyanathan. Noes: None. Abstain: None. Absent: None. 5. Subject: Approve the April 3 City Council minutes Recommended Action: Approve the April 3 City Council minutes Written communications for this item included a correction to page 3. 6. Subject: Accept Accounts Payable for the period ending March 23, 2018 Recommended Action: Adopt Resolution No. 18-031 accepting Accounts Payable for the period ending March 23, 2018 7. Subject: Accept Accounts Payable for the period ending March 30, 2018 Recommended Action: Adopt Resolution No. 18-032 accepting Accounts Payable for the period ending March 30, 2018 8. Subject: Approve Treasurer's Investment Report for the Quarter Ending March 2018 Recommended Action: Accept the report Written communications for this item included an amended page to Attachment A. 9. Subject: Approve resolution amending the Memorandum of Understanding between the City of Cupertino and the Cupertino Employees Association (CEA), for the period of October 1, 2016 to June 30, 2019, to include side letters regarding Assembly Bill 119 and the establishment of a Labor Management Committee. Recommended Action: Adopt Resolution No. 18-033 amending the Memorandum of Understanding between the City of Cupertino and the Cupertino Employees Association (CEA), for the period of October 1, 2016 to June 30, 2019, to include side letters regarding 23 City Council Minutes April 17, 2018 Assembly Bill 119, Government Code Section 3555-3559; and the establishment of a Labor Management Committee. Written communications for this item included an amended staff report and resolution. 10. Subject: Wayfinding Signage Program for Local Wineries Recommended Action: Approve the signage program for the Cupertino segment of the Santa Cruz Mountains Winegrowers Wine Trail 11. Subject: Resolution adopting a Complete Streets Policy to further the goals of meeting the safety, access, and mobility needs of all users of the roadways Recommended Action: Adopt Resolution No. 18-034, adopting a Complete Streets Policy to further the goals of meeting the safety, access, and mobility needs of all users of the roadways Jennifer Griffin spoke on this item. Staff answered questions from Council. Vaidhyanathan moved and Sinks seconded to adopt Resolution No. 18-034, adopting a Complete Streets Policy to further the goals of meeting the safety, access, and mobility needs of all users of the roadways. The motion carried unanimously. 12. Subject: Approval of two separate Master Agreements between the City of Cupertino and the Gilbane Building Company and between the City of Cupertino and CSG Consultants, Inc. to provide construction management services on various Capital Improvement Projects Recommended Action: a. Authorize the City Manager to execute a Master Agreement between the City of Cupertino and the Gilbane Building Company in the amount not to exceed $500,000 for a term of approximately two years; and b. Authorize the City Manager to execute a Master Agreement between the City of Cupertino and CSG Consultants, Inc. in the amount not to exceed $500,000 for a term of approximately two years Vice Mayor Sinks recused himself from voting on item number 13 and left the dais. 13. Subject: Cupertino Bikeway Project - Acceptance of outside funding, authorization of funding agreement, and appropriation of funds Recommended Action: 1. Authorize acceptance of a $138,359 Transportation Fund for Clean Air (TFCA) grant and authorize the City Manager to execute a funding agreement with the Bay Area Air Quality Management District (BAAQMD). 2. Amend approved FY 17/18 24 City Council Minutes April 17, 2018 Capital Improvement Program Budget by an additional amount of $138,359 for TFCA project budget. Jennifer Griffin spoke on this item. Staff answered questions from Council. Chang moved and Vaidhyanathan seconded to 1. Authorize acceptance of a $138,359 Transportation Fund for Clean Air (TFCA) grant and authorize the City Manager to execute a funding agreement with the Bay Area Air Qual ity Management District (BAAQMD). 2. Amend approved FY 17/18 Capital Improvement Program Budget by an additional amount of $138,359 for TFCA project budget. The motion carried unanimously with Sinks recusing. Vice Mayor Sinks returned to the dais. SECOND READING OF ORDINANCES 14. Subject: Amend Cupertino Municipal Code Chapter 2.48 to codify design approval authority for public improvements and update the organizational structure of the Department of Public Works Recommended Action: a. Conduct the second reading of Ordinance No. 18-2173: “An Ordinance of the City Council of the City of Cupertino Amending Section 2.48. of Title II of the Cupertino Municipal Code Pertaining to the Approval of Plans and Designs for Public Improvements and Updating the Organizational Structure of the Department of Public Works”; and b. enact the ordinance. The first reading was conducted on April 3 City Clerk Grace Schmidt read the title of the ordinance. Chang moved and Sinks seconded to read Ordinance No. 18-2173 by title only and that the City Clerk’s reading would constitute the second reading thereof. Ayes: Paul, Sinks, Chang, Scharf, and Vaidhyanathan. Noes: None. Abstain: None. Absent: None. Chang moved and Sinks seconded to enact Ordinance No. 18-2173. Ayes: Paul, Sinks, Chang, Scharf, and Vaidhyanathan. Noes: None. Abstain: None. Absent: None. PUBLIC HEARINGS 15. Subject: FY 2018-19 Community Development Block Grant (CDBG) Program, Below Market Rate (BMR) Affordable Housing Fund (AHF), and General Fund Human Service Grants (HSG) Program funding allocations 25 City Council Minutes April 17, 2018 Recommended Action: 1. Adopt Resolution No. 18-035 approving the FY 2018-19 CDBG, BMR AHF, and HSG funding allocations; 2. Set an annual limit of $50,000 for the BMR AHF public service fund starting in FY 2018-19; 3. Increase the General Fund allocation towards the HSG fund from $40,000 to an annual amount of $100,000 starting in FY 2018-19 4. Authorize the City Manager to negotiate and execute FY 2018-19 CDBG, BMR AHF, and HSG grant agreements. Written communications for this item included a staff presentation. Senior Housing Planner Kerri Heusler reviewed the staff report. Mayor Paul opened the public hearing and seeing no speakers closed the public hearing. Sinks moved and Chang seconded to adopt Resolution No. 18-035 approving the FY 2018- 19 CDBG, BMR AHF, and HSG funding allocations; 2. Set an annual limit of $50,000 for the BMR AHF public service fund starting in FY 2018-19; 3. Increase the General Fund allocation towards the HSG fund from $40,000 to an annual amount of $100,000 starting in FY 2018-19 4. Authorize the City Manager to negotiate and execute FY 2018-19 CDBG, BMR AHF, and HSG grant agreements. The motion carried unanimously. 17. Subject: Fiscal Year 2018-19 Fee Schedule Recommended Action: Adopt Resolution No. 18-039 approving the FY2018-19 Fee Schedule Written communications for this item included a staff presentation. Finance Manager Zach Korach reviewed the staff report. Written communications for this item included a staff presentation. Staff answered questions from Council. Mayor Paul left the meeting at 10:30 p.m. and Vice Mayor Sinks took over as Chair. Vice Mayor Sinks opened the public hearing and the following individuals spoke: Liana Crabtree (Cupertino resident) Art Cohen (Cupertino resident) speaking on behalf of Cupertino Library Foundation Jean Bedord (Cupertino resident) Vice Mayor Sinks closed the public hearing. 26 City Council Minutes April 17, 2018 Vaidhyanathan moved and Chang seconded to adopt Resolution No. 18-039 approving the FY2018-19 Fee Schedule with an amendment on page 3 of Schedule E – Recreation to change the word “may” to “will” in the sentence regarding the Cupertino Library. The sentence will read: “Cupertino Library: Will be approved for a select number of uses of Community Hall without fee, based on approval from the Recreation and Community Services Department Director. The Library is exempt from the provision of deposits relat ing to the use of Community Hall”; and bring the item regarding Library use of Community Hall back to Council with recommendation from the Parks and Recreation and Library Commissions. The motion carried unanimously with Scharf voting no and Paul absent. Councilmember Vaidhyanathan recused herself from voting on item number 18 and left the meeting. ORDINANCES AND ACTION ITEMS 18. Subject: State Route 85 Transit Guideway Study Recommended Action: Receive report on State Route (SR) 85 Transit Guideway Study and authorize the Mayor to send a letter to the Valley Transportation Authority (VTA) requesting advance funding for Task 2 and Task 3 Written communications for this item included an email to Council. Deputy City Manager Jaqui Guzman reviewed the staff report. Vice Mayor Sinks opened public comment and the following individual spoke: Jennifer Griffin Vice Mayor Sinks closed public comment. Chang moved and Scharf seconded to receive report on State Route (SR) 85 Transit Guideway Study and authorize the Mayor to send a letter to the Valley Transportation Authority (VTA) requesting advance funding for Task 2 and Task 3. The motion carried unanimously with Paul absent and Vaidhyanathan recusing. REPORTS BY COUNCIL AND STAFF 19. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments Councilmembers highlighted the activities of their committees and various community 27 City Council Minutes April 17, 2018 events. ADJOURNMENT At 11:07 p.m., Vice Mayor Sinks adjourned the meeting. ___________________________ Grace Schmidt, City Clerk 28 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3601 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:1/30/2018 City Council On agenda:Final action:5/1/2018 Title:Subject: Master Agreement between the City of Cupertino and Bellecci & Associates to provide civil engineering services on various Bicycle Transportation Improvement Projects. Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Master Agreement Action ByDate Action ResultVer. City Council5/1/2018 1 Subject: Master Agreement between the City of Cupertino and Bellecci & Associates to provide civil engineering services on various Bicycle Transportation Improvement Projects. Authorize the City Manager to execute a Master Agreement between the City of Cupertino and Bellecci & Associates in the amount not to exceed $600,000 for a term of two years with the option to extend for additional time in accordance with contract terms. CITY OF CUPERTINO Printed on 4/25/2018Page 1 of 1 powered by Legistar™29 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: May 1, 2018 Subject Master Agreement between the City of Cupertino and Bellecci & Associates to provide civil engineering services on various Bicycle Transportation Improvement Projects. Recommended Action Authorize the City Manager to execute a Master Agreement between the City of Cupertino and Bellecci & Associates in the amount not to exceed $600,000 for a term of two years with the option to extend for additional time in accordance with contract terms. Description The recommended Master Agreement will allow staff to utilize civil engineering design resources on an as-needed basis to support the delivery of various bicycle transportation improvement projects funded within the current Capital Improvement Program (CIP). Background The City relies on consultant resources for the design of capital projects. The CIP for fiscal years 2017/18 through 2018/19 include numerous Bicycle Transportation Plan- related projects that are funded for design and construction. Civil engineering services will be needed to effectively and efficiently carry out the design of these projects. Discussion Anticipating the need for on-call civil engineering services for bicycle transportation improvement projects, staff completed a qualifications-based selection (QBS) process in March 2018 in accordance with State and City codes. In response to a Request for Qualifications issued by the City, six Statements of Qualification were received from firms within the Bay Area, which were evaluated for relevant skills and experience, resulting in a list of six qualified consultants. Staff recommends that Bellecci & Associates be awarded a master agreement. Bellecci & Associates was selected for their experience with the design of public right of way infrastructure related to bicycle facilities, depth and breadth of skills, accessibility of the firm, and knowledge of CIP requirements and practices. 30 The Master Agreement defines a maximum compensation to be authorized under the agreement. No funds are encumbered by the Master Agreement. Project specific services are authorized on a project-by-project basis by the issuance of a Service Order, and those services are funded directly from the appropriate project budget. In this way, the costs for civil engineering design services for any given project are charged to the relevant project, for which funds are already appropriated in each project budget. There is no fiscal impact caused by approving the recommended agreement. Through the proposed Master Agreement, Public Works Project Managers can quickly bring required engineering personnel onto a project team as needed , further enabling staff to effectively and efficiently deliver capital projects. Sustainability Impact Not applicable Fiscal Impact No appropriation is required for this action. Subject to Council approval of this Master Agreement between the City and Bellecci & Associates, the requisite funds will be encumbered from each CIP project budget. _____________________________________ Prepared by: David Stillman, Transportation Manager Reviewed by: Timm Borden, Director of Public Works Department Approved for Submission by: David Brandt, City Manager Attachments: A – Draft Master Agreement 31 Master Design Professional Agreement/ Rev. Dec. 2017 Page 1 of 10 DESIGN PROFESSIONAL SERVICES AGREEMENT (MASTER) WITH 1. PARTIES This Master Agreement is made and entered into as of _____________________________________ (“Effective Date”), by and between the City of Cupertino, a municipal corporation (“City”), and _____________________________________________________________________ (“Consultant”), a for (“Project”). 2.SERVICES 2.1 Scope of Services. Consultant agrees to provide the Services “as needed” and as set forth in the Scope of Services, attached and incorporated here as Exhibit A. The Services must comply with this Agreement and with each Service Order issued under the authority of the City Director of Public Works or his designee, in accordance with the following procedures. 2.2 Service Orders.Before issuing a Service Order the City Director/Designee will request Services in writing and hold a meeting with Consultant to discuss it. Consultant will submit a written proposal thatincludes a specific Scope of Services, Schedule of Performance and Compensation, whichthe Parties will discuss. Thereafter City Director/Designee will execute a Service Order using the Service Order Form attached and incorporated here as Exhibit B.Each Service Order will specify its scope of services, deliverables, schedule of performance, compensation and any other applicable terms. Issuance of a Purchase Order is discretionary and the Director/Designee may streamline these procedures, e.g., conferring by telephone instead of a meeting, if it is in the City’s best interests. Consultant will not be compensated for Services performed without a duly executed Service Order. 3.TIME OF PERFORMANCE 3.1 Term.This Agreement begins on the Effective Date and ends on ______________________ (“Contract Time”), unless terminated earlier as provided herein. 3.2 Schedule of Performance. All Services must be provided within the times specified in each Service Order, and under no circumstances should the Services go beyond the Contract Time. Consultant must promptly notify City of any actual or potential delay in providing the Services as scheduled to afford the Parties adequate opportunity to address or mitigate delays. If the Services are divided by tasks, Consultant must begin work on each separate task upon receiving City’s Notice to Proceed (“NTO”), and must complete each task within the time specified in each Service Order. 3.3 Time is of the essence for the performance of all the Services required in this Agreement and in each Service Order. Consultant must have sufficient time, resources and qualified staff to deliver the __________________________________________________________________________________________________ Bellecci and Associates, Inc. design services for publicly bid and built bicycle transportation projects December 31, 2020 BELLECCI AND ASSOCIATES, INC. Corporation Design Services for Publicly Bid and Built Bicycle Transportation ProjectsCity Project 32 Master Design Professional Agreement/ Rev. Dec. 2017 Page 2 of 10 Services on time. Consultant must respond promptly to the City’s Service Orders and any change orders that may be issued. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Consultant for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed $____________________ (“Contract Price”), based on the budget and rates set forth in Exhibit C, Compensation, attached and incorporated here. The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant’s actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price. 4.2 Invoices and Payments.City will pay Consultant for Services satisfactorily provided under a Service Order, within 30 days following receipt of a properly submitted invoice for Services provided during the preceding calendar month. Unless otherwise provided by a Service Order, each invoice must include for each day of Services: a. The name of each individual providing Services; b. A succinct summary of the Services performed by each such individual; c. The time spent by each individual providing those Services; d. The applicable hourly billing rate and payment due; and e. A detailed breakdown of all allowable expenses. All hourly rates and allowable expenses must conform to City-approved rates set forth in Exhibit C. 4.3 Final Payment. At least 30 days prior to end of the Agreement, Consultant must submit a requisition for final and complete payment of costs and any pending claims for City approval. Noncompliance with this requirement relieves City of further payments/obligations under the Agreement. 5.INDEPENDENT CONSULTANT 5.1 Status.Consultant is an independent Consultant and not an employee, partner, or joint venture of City. Consultant is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant’s performance of the Services. Consultant is not entitled to health, worker’s compensation or other benefits from City. 5.2 Qualifications DQG 6WDQGDUG RI &DUH.Consultant UHSUHVHQWV on behalf of itself and its Subconsultants that they have the qualifications and skills to perform the Services in a competent and professional manner DV H[HUFLVHG E\ GHVLJQ SURIHVVLRQDOV SHUIRUPLQJ similar services in the San Francisco Bay Area. 6HUYLFHVPD\RQO\EHSHUIRUPHGE\TXDOLILHGDQGH[SHULHQFHGSHUVRQQHORU VXEFRQVXOWDQWVZKRDUHQRWHPSOR\HGE\&LW\DQGGRQRWKDYHDQ\FRQWUDFWXDOUHODWLRQVKLSZLWK&LW\ H[FHSWLQJWKLV$JUHHPHQW$OO6HUYLFHVPXVWEHSHUIRUPHGDVVSHFLILHGWR&LW\ VUHDVRQDEOHVDWLVIDFWLRQ 5.3 Permits and Licenses. Consultant warrants on behalf of itself and its Subconsultants that they are properly licensed, registered, and/or certified to perform the Services as required by law and that they have procured a City Business License. __________________________________________________________________________________________________ _ 600,000.00 Design Services for Publicly Bid and Built Bicycle Transportation ProjectsCity Project 33 ___________________________________________________________________________________________________ Master Design Professional Agreement/ Rev. Dec. 2017 Page 3 of 10 5.4 Subconsultants. Unless prior written approval from City is obtained, only Consultant’s employees and Subconsultants whose names are included in this Agreement and incorporated Exhibits may provide Services under this Agreement. Consultant must require all Subconsultants to furnish proof of insurance for workers’ compensation, commercial liability, auto, and professional liability in reasonable conformity to the insurance required of Consultant. The terms and conditions of this Agreement shall be binding on all Subconsultants relative to the portion of their work. 5.5 Tools, Materials and Equipment. Consultant will supply and shall be responsible for all the tools, materials and equipment required to perform the Services. 5.6 Payment of Taxes. Consultant must pay income taxes on the money earned under this Agreement. Upon City’s request, Consultant will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Agreement. 5.7 Errors and Omissions. Consultant is solely responsible for its errors and omissions and those of its Subconsultants, and must take prompt measures to avoid, mitigate, and correct them at its sole expense. 6. PROPRIETARY/CONFIDENTIAL INFORMATION During the Contract Time Consultant may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Consultant shall hold in confidence all City information and use it only to perform this Agreement. Consultant shall exercise the same standard of care to protect City information as a reasonably prudent Consultant would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights.Subject to City meeting its payment obligations for the Services, any interest (including copyright interests) of Consultant or its Subconsultants in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document or other information or work, in any medium (collectively, “Work Product”), prepared by Consultant in connection with this Agreement will be the exclusive property of the City and shall not be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of U.S. Code, all Work Product prepared/created by Consultant and its Subconsultants and all copyrights in such Work Product shall constitute City property. If it is determined under federal law that the Work Product is not “works for hire”, Consultant and Subconsultants hereby assign to City all copyrights to the Work Product when and as created. Consultant may retain copyrights to its standard details,but hereby grants City a perpetual, non-exclusive license to use such details. 7.3 Patents and Licenses. Consultant must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited topatented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. Design Services for Publicly Bid and Built Bicycle Transportation ProjectsCity Project 34 ___________________________________________________________________________________________________ Master Design Professional Agreement/ Rev. Dec. 2017 Page 4 of 10 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Consultant and Subconsultants to execute or implement any of the following, but Consultant shall not be responsible or liable for City’s re-use of Work Product: (a) For work related to the original Services for which Consultant was hired; (b) To complete the original Services with City personnel, agents or other Consultants; (c) To make subsequent additions to the original Services; and/or (d) For other City projects. 7.5 Deliverables and Format. Electronic and hard copies of the Work Product constitute part of the Deliverables required under this Agreement, which shall be provided to City on recycled paper and copied on both sides, except for one single-sided original. Large-scale architectural plans and similar items must be in CAD and PDF formats, and unless otherwise specified, other documents must be in Microsoft Office applications and PDF formats. 8. RECORDS 8.1 Consultant must maintain complete, accurate, and detailed accounting records relating to the Services and Compensation, in accordance with generally accepted accounting principles and procedures. The records must include detailed information about Consultant’s performance, benchmarks and deliverables. The records and supporting documents must be kept separate from other files and maintained for a period of four years from the date of City’s final payment. 8.2 City will have free and full access to Consultant’s books and records for review and audit, to make transcripts or copies, and to conduct a preliminary examination of all the work, data, documents, proceedings, and activities related to this Agreement. If a supplemental examination or audit of Consultant’s records discloses non-compliance with appropriate internal financial controls, a contract breach, or a failure to act in good faith, City will be entitled to recover from Consultant the costs of the supplemental examination. This Section survives the expiration/termination of this Agreement. 9. ASSIGNMENT Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Consultant as a legal entity will be considered an Assignment subject to City approval, which shall not be unreasonably withheld. For purposes of this provision, control means 50% or more of the voting power of the business entity. This Agreement binds Consultant, its heirs, successors and assignees. 10. PUBLICITY / SIGNS Any publicity generated by Consultant in connection with the Project and Services during the Contract Time and for one year thereafter will reference City contributions in making the Project possible. The words “City of Cupertino” shall be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be City Project Design Services for Publicly Bid and Built Bicycle Transportation Projects 35 Master Design Professional Agreement/ Rev. Dec. 2017 Page 5 of 10 posted, exhibited or displayed on or about City property, except signage required by law or this Agreement without prior written approval from City. 11.INDEMNIFICATION 11.1 To the fullest extent allowed by law and except for losses caused by the sole or active negligence or willful misconduct of City personnel, Consultant agrees to indemnify, defend, and hold harmless the City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and consultants (collectively, “Indemnitees”), as follows: a.Indemnity Obligations Subject to Civil Code Section 2782.8.With respect to the Services performed in connection with the Agreement, Consultant shall indemnify, defend, and hold harmless Indemnitees from and against any and all liability, claims, actions, causes of action, demands or charges whatsoever against any Indemnitee, including any injury to or death of any person or damage to property or other liability of any nature (collectively, “Liability”), that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, officials, employees, agents or Subconsultants. Such costs and expenses shall include reasonable attorney fees for legal counsel of City’s choice, expert fees, and all other costs and fees of litigation. In addition to its indemnity obligations, Design Professional will provide its immediate and active cooperation and assistance to the City, at no additional cost to the City, in analyzing, defending, and resolving such Liability. b.Claims Involving Intellectual Property.Consultant shall indemnify, defend, and hold harmless Indemnitees from and against any claim involving intellectual property, infringement or violation of a United States patent right or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights, which arises out of, pertains to, or relates to Consultant’s negligence, recklessness, or willful misconduct. Such costs and expenses will include reasonable attorney fees for legal counsel of City’s choice, expert fees and all other costs and fees of litigation. c.Claims for Other Liability.For all other liabilities not included in provisions “b” and “c” above, Consultant shall indemnify, defend, and hold harmless the Indemnitees against any and all liability, claims, actions, causes of action or demands whatsoever, including any injury to or death of any person or damage to property, or other liability of any nature arising out of, pertaining to, or relating to the performance of this Agreement by Design Professional, its employees, officers, officials, agents or Subconsultants, including liability based on breach of contract, obligations, or warranties, or any unauthorized use or disclosure of City’s confidential and proprietary information. 11.2 Consultant will assist City, at no additional cost, in the defense of any claim, dispute or lawsuit arising out of this Agreement. Consultant’s duties herein are not limited to or subject to the Contract Price, to Workers’ Compensation claims, or to the Insurance or Bond limits and provisions. Nothing in this Agreement shall be construed to give rise to an implied right of indemnity in favor of Consultant against any Indemnitee. 11.3 If this Agreement is entered into or amended on or after January 1, 2018, Consultant's duty to pay for any of Indemnitees’ defense related costs will be limited to its proportionate share of fault, as determined by final decision by a court of competent jurisdiction, subject to any applicable exceptions in Civil Code section 2782.8. ___________________________________________________________________________________________________ Design Services for Publicly Bid and Built Bicycle Transportation ProjectsCity Project 36 ___________________________________________________________________________________________________ Master Design Professional Agreement/ Rev. Dec. 2017 Page 6 of 10 11.4 Consultant agrees to pay the reasonable costs City may incur in enforcing this provision related to Consultant’s indemnification duties, including reasonable attorney fees, fees for legal counsel acceptable to City, expert fees, and all other costs and expenses related to a claim or counterclaim, a purchase order, another transaction, litigation, or dispute resolution. Without waiving any rights, City may deduct money from Consultant’s payments to cover moneys due to City. Section 11 survives expiration or termination of this Agreement. 12. INSURANCE On or before the Contract Time commences, Consultant shall furnish City with proof of compliance with City Insurance Requirements, attached and incorporated here as Exhibit D.City will not execute the Agreement until it has approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Alternatively, City may terminate this Agreement or in its sole discretion purchase insurance at Consultant’s expense and deduct costs from payments to Consultant. 13. COMPLIANCE WITH LAWS 13.1 General Laws.Consultant shall comply with all local, state and federal laws and regulations applicable to this Agreement. Consultant will promptly notify City of changes in the law or other conditions that may affect the Project or Consultant’s ability to perform. Consultant is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act, or other federal or state law, rule or regulation. 13.2 Labor Laws. Consultant shall comply with all labor laws applicable to this Agreement. If the Services include a “public works” component, Consultant must comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. To the extent applicable, Consultant must comply with City’s Labor Compliance Program, and with state labor laws pertaining to working days, overtime, payroll records and DIR Registration and Oversight. If the Contract Price is $30,000 or more, Consultant must comply with the apprenticeship requirement in Labor Code Section 1777.5. 13.3 Discrimination Laws. Consultant shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Consultant shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Consultant understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person is strictly prohibited. 13.4 Conflicts of Interest. Consultant shall comply with all conflict of interest laws and regulations applicable to this Agreement and must avoid any conflict of interest. Consultant warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Consultant may be required to file a Design Services for Publicly Bid and Built Bicycle Transportation ProjectsCity Project 37 ___________________________________________________________________________________________________ Master Design Professional Agreement/ Rev. Dec. 2017 Page 7 of 10 conflict of interest form if Consultant makes certain governmental decisions or serves in a staff capacity, as provided in Section 18700 of the California Code of Regulations and other laws. Services may only be performed by persons who are not employed by City and who do not have any contractual relationship with City, with the exception of this Agreement. Consultant agrees to abide by City policies and administrative rules prohibiting gifts to City officials and employees. 13.6 Remedies. A violation of this Section constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating this Agreement. City reserves all its rights and remedies under law and this Agreement, including the right to seek indemnification under Section 11. Consultant agrees to indemnify, defend, and hold City harmless from and against any loss, liability, and expenses arising from noncompliance with this Section. 14. PROJECT COORDINATION 14.1 City Project Manager. The City’s Project Manager for all purposes under this Agreement will be ___________________________________, who shall have the authority to manage this Agreement and oversee the progress and performance of the Services. City in its sole discretion may substitute another Project Manager at any time and will advise Consultant of the new representative. 14.2 Consultant Project Manager. Subject to City approval, the Consultant’s Project Manager for all purposes under this Agreement will be ____________________________________, who shall be the single representative for Consultant with the authority to manage compliance with this Agreement and oversee the progress and performance of the Services. This includes responsibility for coordinating and scheduling the Services in accordance with City instructions, service orders, and the Schedule of Performance, and providing regular updates to the City’s Project Manager on the Project status, progress, and any delays. City written approval is required prior to Consultant substituting a new Project Manager, which shall result in no additional costs to City or Project delays. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project with thirty (30) calendar days’ written notice to Consultant. Consultant will be compensated for satisfactory Services performed through the date of abandonment and will be given reasonable time to assemble the work and close out the Services. No close out work shall be conducted without City reasonable approval of closure costs, which may not exceed ten percent (10%) of the total time expended to the date of abandonment. All charges including job closure costs will be paid in accordance with the provisions of this Agreement and within thirty (30) days of Consultant’s final invoice reasonably approved by the City. 16. TERMINATION City may terminate this Agreement for cause or without cause at any time, following reasonable written notice to Consultant at least thirty (30) calendar days prior to the termination date. Consultant will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Consultant closes out the Services and delivers all Work Product to City. All charges approved by City including job closure costs will be paid within 30 days of Consultant’s final invoice. Daniel Leary John Raaymakers Design Services for Publicly Bid and Built Bicycle Transportation ProjectsCity Project 38 ___________________________________________________________________________________________________ Master Design Professional Agreement/ Rev. Dec. 2017 Page 8 of 10 17. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California, excepting any choice of law rules which may direct the application of laws of another jurisdiction. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Consultant must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Consultant must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceeding to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. This attorney fee provision does not apply to legal actions initiated by Consultant or Subconsultant. This Section survives termination of this Agreement. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of any breach shall not be deemed to constitute waiver of another term, provision, covenant or condition, or a subsequent breach, whether of the same or a different character. 21. ENTIRE AGREEMENT This Agreement and all its Sections represent the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreements and understandings, either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between the main Agreement and the attachments or exhibits thereto, the text of the main Agreement shall prevail. 22. INSERTED PROVISIONS Each contractual provision or clause that may be required by law is deemed to be included and will be inferred in this Agreement. Either party may request an amendment to cure any mistaken insertion or omission of a required provision. 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. Design Services for Publicly Bid and Built Bicycle Transportation ProjectsCity Project 39 ___________________________________________________________________________________________________ Master Design Professional Agreement/ Rev. Dec. 2017 Page 9 of 10 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or theirapplication to specific situations shall remain in full force and effect. 25. SURVIVAL All provisions which by their nature must continue after the Agreement ends, including without limitation those referenced in specific Sections herein, survive this Agreement and shall remain in full force and effect. 26. NOTICES All notices, requestsand approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention:___________________________ Email: ____________________________ To Consultant: ____________________________ _____________________________________ ______________________________________ Attention: ______________________________ Email: _________________________________ 27. VALIDITY OF CONTRACT This Agreement is valid and enforceable only if it complies with the contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, is signed by the City Manager or authorized designee, and is approved for form by the City Attorney’s Office. 28. EXECUTION The person executing this Agreement on behalf of Consultant represents and warrants that Consultant has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Consultant. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. Bellecci and Associates, Inc. 7041 Koll Center Parkway, Suite 132 Pleasanton, CA 94566 John Raaymakers Daniel Leary johnr@cupertino.org daniel@bellecci.com Design Services for Publicly Bid and Built Bicycle Transportation ProjectsCity Project 40 ___________________________________________________________________________________________________ Master Design Professional Agreement/ Rev. Dec. 2017 Page 10 of 10 IN WITNESS WHEREOF,the parties have caused the Agreement to be executed. CONSULTANT CITY OF CUPERTINO A Municipal Corporation By ________________________ By __________________________ Name______________________ Name ________________________ Title ______________________ Title _________________________ Date_______________________ Date _________________________ Tax I.D. No.: ________________ APPROVED AS TO FORM: RANDOLPH STEVENSON HOM Cupertino City Attorney ATTEST: ______________________________ GRACE SCHMIDT City Clerk Daniel Leary Principal 68-0229035 David Brandt City Manager Design Services for Publicly Bid and Built Bicycle Transportation ProjectsCity Project Bellecci and Associates, Inc. 41 Bellecci & Associates, Inc. Exhibit A Master Agreement for Design Services for Publicly Bid and Built Bicycle Transportation Projects PAGE 1 OF 13 Exhibit A Scope of Services Design Professional shall provide certain Design services as required and requested by City. Design Professional shall provide services under this Master Agreement on an “as needed” basis and only (1) upon written request from City’s Director of Public Works or authorized Agent as defined in Section 14, Project Coordination and (2) as defined in a fully executed Service Order. Section 1- General Provisions A. Design Professional shall perform all services to the satisfaction of City’s Public Works Director or authorized Agent. B. Design Professional shall perform all services under this agreement to the currently prevailing professional standards and quality found among Design Professionals with similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. All documentation prepared by CONSULTANT shall provide for a completed project that conforms to all applicable codes, rules, regulations and guidelines which are in effect at the time such documentation is prepared. C. Design Professional shall perform services under this Master Agreement only by authorization of a fully executed Service Order which shall clearly provide the nature of the specific services, the time limit within which such services must be completed, and the compensation for such services. City shall incorporate each authorized and fully executed Service Order into the terms and conditions of this Master Agreement. D. Design Professional shall begin work only after receipt of a fully authorized and executed Service Order and shall execute the Project work as detailed in the Service Order. Unauthorized services performed by Design Professional shall be at no cost to City. 42 Bellecci & Associates, Inc. Exhibit A Master Agreement for Design Services for Publicly Bid and Built Bicycle Transportation Projects PAGE 2 OF 13 E. City shall designate a Project Manager for each fully executed Service Order under this Agreement. Design Professional shall coordinate the Service Order performance with City’s designated Project Manager. Section 2. Basic Services As authorized by a fully executed Service Order, Design Professional shall provide Design services for various City Public Works Projects in accordance with the following: A. General Performance Requirements For each assigned Project: 1. Design Professional shall designate a Project manager and provide to City the names of their team members for the Project. The team members shall be satisfactory to City. Design Professional shall not substitute any team members without the prior approval of City. City retains the right to reject team members assigned by Design Professional or require replacement of team members. 2. Design Professional shall effectively manage and administer the Project for the efficient, progressive, and proactive delivery of the Project. 3. Design Professional shall be responsible for managing and coordinating the work of all sub-Design Professionals and subcontractors. 4. Design Professional shall consult and coordinate with the City and communicate with members of the Project team. 5. Design Professional shall schedule meetings and prepare meeting agendas and minutes for all Project meetings. All minutes of meetings are due to the City within ten (10) calendar days after the meeting in a digital format and shall also be provided to other appropriate agencies and entities, as directed by City. 6. Design Professional shall communicate weekly with City’s assigned Project Manager to provide an update on the current status of the Project and provide a brief written summary report. 43 Bellecci & Associates, Inc. Exhibit A Master Agreement for Design Services for Publicly Bid and Built Bicycle Transportation Projects PAGE 3 OF 13 B. Specific Performance Requirements For each assigned Project, Design Professional may provide any or all of the following tasks and subtasks, as is required for the specific Project: Task 1.0 Pre-Design Studies 1.01 Project Analysis: For budget programming purposes, analyze a Project proposal to identify and describe initial Project goals and objectives, develop a scenario to address Project goals and objectives, Project delivery process, and cost estimate to deliver the proposed Project. 1.02 Feasibility Study: Perform a Feasibility Study for the proposed Project. Study will include a professional analysis of the ability of the agency to provide the desired improvements/outcomes within the available budget, and considering other defined constraints such as right-of-way. Other factors to be considered include constructability, time to design and construct, and environmental impacts. Study will also include the outcome of the proposed improvements including traffic impacts, maintenance implications, cost to construct, cost of right-of-way acquisition, conformance with the General Plan, construction impacts, impacts to specific properties, and other information that will assist the City in determining whether or not to construct the Project. 1.00 Deliverables: (all deliverables digital unless otherwise noted) 1.01 Project Analysis Report 1.02 Feasibility Report Task 2.0 Data Collection 2.01 Existing Data Assembly: Design Professional shall review Project data provided by the City including, but not limited to: topographic survey, geotechnical reports, traffic studies, CEQA documents, other environmental studies, tree surveys, arborist’s reports, approved Master Plan, or other such data. The Design Professional shall be entitled to reasonably rely upon the accuracy and sufficiency of any information provided to the Design Professional by the City or the City’s agents. 44 Bellecci & Associates, Inc. Exhibit A Master Agreement for Design Services for Publicly Bid and Built Bicycle Transportation Projects PAGE 4 OF 13 2.02 The Design Professional shall identify discrepancies or shortcomings among the existing data, and identify solutions for resolution, and propose generation of additional site information necessary to provide an accurate Project base map. 2.03 The Design Professional shall utilize existing data to the extent possible and inform the City immediately of problems associated with using existing data for Project base information. 2.04 Utility Coordination: Coordinate with all utility owners who may have facilities within the Project area or that may be impacted by the Project work. Transmit preliminary plans for identification of potential conflicts. Coordinate potholing by utility companies and owners as required. 2.05 Field Survey: Perform field survey of existing control and monumentation. Locate existing survey monuments and accessible property corners and compute the existing right-of-way based on boundary evidence, record maps and preliminary title reports. Prepare a calculated base map of the existing right-of-way for use in design. 2.06 Base Sheet Preparation: The Design Professional shall compile survey and other data as made available into a base sheet create Project base information in AutoCAD 2015 for use in subsequent Project design tasks and submit to the City for review and comment. The base information shall utilize topographic survey as furnished by the City or by the Design Professional, according to the agreement. 2.07 Outreach: Design Professional shall conduct outreach with groups as identified by the City to establish design program. 45 Bellecci & Associates, Inc. Exhibit A Master Agreement for Design Services for Publicly Bid and Built Bicycle Transportation Projects PAGE 5 OF 13 2.08 Conceptual Alternative Development: Design Professional shall prepare three (3) hand drawn, color rendered conceptual solutions for the Project, each which address the primary Project issues and budget. 2.09 Staff Review: Design Professional shall present each concept to the City with analysis for evaluation. The City shall select one concept as the preferred solution and provide the Design Professional with written direction to proceed with that concept. 2.0 Deliverables: (all deliverables digital unless otherwise noted) 2.01 Source Document Listing 2.02 Proposal of Additional Investigative Actions 2.03 Details of Problematic Data with solutions for resolution 2.04 Summary of Utility Companies Contacted and Actions Taken 2.05 Prepare calculated base map of ex. Right-of-Way 2.06 Scaled Base Map in AutoCad (current version) Format, including Project Area Surface Features 2.07 Description of outreach 2.08 Prepare conceptual alternative 2.09 Presentation of concepts with analysis of each concept and meeting notes Task 3.0: Preliminary (35%) Design 3.01 Meetings: The Design Professional shall participate in two (2) design team meetings with representatives of the City during the Preliminary Design phase and provide written meeting minutes to the City within two (2) business days. 3.02 Alternatives Analysis: Provide alternatives to accomplish the Project goals and objectives. Include a comparison of the alternatives that includes, at a minimum achievement of goal(s), construction cost, maintenance implications/costs, energy use, 46 Bellecci & Associates, Inc. Exhibit A Master Agreement for Design Services for Publicly Bid and Built Bicycle Transportation Projects PAGE 6 OF 13 construction impacts, and time to construct. Include identification of agencies or jurisdictions that would need to be coordinated for each alternative. 3.03 Preliminary Plans: Prepare Preliminary Design Plans and submit them to the City for review and comment. The plans shall be prepared digitally using current AutoCad software. The plans shall be formatted per City standards and submitted with other Preliminary Design Documents as noted below. The Preliminary Plans will include the major items of work needed to accomplish the Project goals. The sheets to be provided for this Preliminary Plan submittal may include: • Title / Index Sheet • Demolition Plans • Improvement Plans • Typical Cross Sections • Preliminary Street Alignment Plans and Profiles • Preliminary Utility Plans • Striping Plans • Planting • Details 3.04 Preliminary Estimate: Prepare a Preliminary Estimate of Probable Construction Cost based on items and quantities of work shown on the Preliminary Plans and other anticipated improvements. Prices will be based on the magnitude of the quantities and the Design Professionals experience with similar local projects and engineer’s judgement. 3.0 Deliverables: (all deliverables digital unless otherwise noted) 3.01 Meeting Notes 3.02 Project Alternatives Analysis 47 Bellecci & Associates, Inc. Exhibit A Master Agreement for Design Services for Publicly Bid and Built Bicycle Transportation Projects PAGE 7 OF 13 3.03 Preliminary Plans 3.04 Preliminary Estimate of Probable Construction Cost Task 4. 0 Construction Document Development 4.01 Meeting: The Design Professional shall participate in two (2) design team meetings with representatives of the City during the Construction Document phase and provide written meeting minutes to the City within two (2) business days. 4.02 65% Construction Documents: The 65% Construction Documents shall be a refinement of the Preliminary Design documents and are based on comments received for the Preliminary Review. The 65% Plans, Draft Technical Specifications, and 65% Cost Estimate shall be submitted together. 4.03 65% Plans: Prepare 65% Design Plans and submit them to the City for review and comment. 65% plans shall include any sheets not previously submitted (erosion control, draft details, etc.). Advance the design to the point that all major design issues and solutions are represented in the plans. The following types of plans may be prepared: • Title Sheet, Legend and Notes • Typical Cross Sections • Demolition Plans • Street Improvement Plans and Profiles • Utility Plans and Profiles • Construction Details • Traffic Handling and Construction Area Signs • Signing Striping Plans • Erosion Control Plans 4.04 Draft Technical Specifications: Prepare Draft Technical Specifications and submit them tom the City for review and comment. The Technical Specifications are to reference City 48 Bellecci & Associates, Inc. Exhibit A Master Agreement for Design Services for Publicly Bid and Built Bicycle Transportation Projects PAGE 8 OF 13 or Caltrans Standard Specifications for the various items of work, including measurement and payment provisions. 4.05 65% Cost Estimate: Prepare a 65% Estimate of Probable Cost based on items and quantities of work shown on the 65% Plans and other anticipated improvements. Prices will be based on the magnitude of the quantities and the Design Professional’s experience with similar local projects and engineer’s judgment. 4.06 95% Construction Documents: The 95% Construction Documents shall be a refinement of the 65% Design Documents and are to be based on comments received for the 65% review. The 95% Plans, Final Technical Specifications, and 95% Cost Estimate shall be submitted together. 4.07 95% Plans: Prepare 95% Design Plans and submit them to the City for review and comment. 4.08 Final Technical Specifications: Update the Draft Technical Specifications and submit the Final Technical Specifications to the City for review and comment. The technical specifications are to reference City or Caltrans Standard Specifications for the various items of work, including measurement and payment provisions. 4.09 95% Cost Estimate: Prepare a 95% Estimate of Probable Cost as needed based on items and quantities of work shown on the 95% Plans and other anticipated improvements. Prices will be based on the magnitude of the quantities and the Design Professional’s experience with similar local projects and engineer’s judgment 4.0 Deliverables: (all deliverables digital unless otherwise noted) 4.01 Meeting Notes 49 Bellecci & Associates, Inc. Exhibit A Master Agreement for Design Services for Publicly Bid and Built Bicycle Transportation Projects PAGE 9 OF 13 4.02 65% Construction Documents 4.03 65% Design Plans 4.04 Draft Technical Specification 4.05 65% Construction Cost Estimate 4.06 95% Construction Documents 4.07 95% Design Plans 4.08 Final Technical Specifications 4.09 95% Construction Cost Estimate Task 5.0 Final (100%) Construction Documents 5.01 100% Construction Documents: The 100% Construction Documents shall address any comments received for the 95% review. The 100% Plans, Technical Specifications, and Cost Estimate shall be submitted together on a flash drive. In addition, provide one (1) complete wet signed and stamped sets of Construction Documents and Technical Specifications. The submitted documents shall be in reproducible, hard copy format. City will review the 100% Construction Documents for confirmation that responses to all previously provided comments are appropriately integrated. Design Professional is to make any changes to the 100% plans that are requested by the City. 5.02 100% Plans: Prepare 100% Design Plans and submit them to the City for review and approval. 5.03 100% Technical Specifications: Update the Final Technical Specifications and submit the 100% Technical Specifications to the City. 5.04 100% Cost Estimate: Prepare a 100% Estimate of Probable Construction Cost as needed based on items and quantities of work shown on the 100% Plans 50 Bellecci & Associates, Inc. Exhibit A Master Agreement for Design Services for Publicly Bid and Built Bicycle Transportation Projects PAGE 10 OF 13 5.0 Deliverables: (all deliverables digital unless otherwise noted) 5.01 100% Construction Document 5.02 100% Plans (digital + one stamped, signed, full size record set of plans) 5.03 100% Technical Specifications (digital and one stamped, signed hard copy) in Word and one (1) bound 8-1/2 X 11 set 5.04 100% Cost Estimate (digital) Task 6.0: Bid and Award Support 6.01 Bid Period Assistance: Design Professional shall provide the following bid phase services, at the City’s request, through award of the construction contract: a. Attend the general contractor’s pre-bid meeting. b. Respond to bidders’ questions until the question cutoff period identified in the bid documents package. c. Assist in the review and processing of substitution submittals during the Bid phase. d. Assist in the evaluation of bids as requested by the City. 6.02 Addenda Preparation: As requested by the City, prepare addenda to Project documents including, but not limited to, new or revised Plans, new or revised Technical Specifications and/or removal of items from the Project Plans and/or Specifications. 6.03 Project Document Conformance: Design Professional shall update the Construction Document package to include all addenda issued during the Bid process and submit a Conformed Set of drawings and specifications to the City within ten (10) days of the contract award by the City Council. a. The Design Professional shall provide one (1) complete wet signed, stamped Conform Sets of Construction Documents and Technical Specifications that 51 Bellecci & Associates, Inc. Exhibit A Master Agreement for Design Services for Publicly Bid and Built Bicycle Transportation Projects PAGE 11 OF 13 includes the 100% Construction Documents Package and all bid addenda. The submitted documents shall be in reproducible, hard copy format. b. The Design Professional shall provide one (1) complete electronic format Conform Set Construction Documents and Technical Specifications in both native file formats (AutoCAD, MS Word) and pdf on a City compatible a flash drive. 6.0 Deliverables: (all deliverables digital unless otherwise noted) 6.01b Written response to Bidders’ questions 6.01c Written evaluation of substitution submittals 6.02 Project Addenda 6.03 Conformed Project Documents Task 7.0: Construction Administration Design Professional’s responsibility to provide the Construction Administration Services commences with the construction contract award and ends with submission of the final Project Punch List. Design Professional shall advise the City, in writing, of any construction items that are not in conformance with the Contract Documents. Design Professional shall have reasonable access to the construction of the Project wherever it is in preparation or progress as appropriate to meet its obligations under this Agreement. Duties, responsibilities and limitations of authority of Design Professional under this Task shall not be restricted, modified or extended except by advance, written agreement between City and Design Professional. 7.01 Submittal Review: The Design Professional shall review and approve or reject the Contractor’s submittals within five (5) working days of receipt. The Design Professional may request additional review time for particularly complex or unusual submittals. The City shall not grant additional review time for standard construction item submittals. 52 Bellecci & Associates, Inc. Exhibit A Master Agreement for Design Services for Publicly Bid and Built Bicycle Transportation Projects PAGE 12 OF 13 The Design Professional shall maintain a detailed record of all submittals and content supplied by the Contractor. 7.02 Requests for Information: The Design Professional shall review Contractor’s Requests for Information and provide a written response to the Design Professional with a copy to the City, within five (5) working days of receipt. The Design Professional’s response shall provide, with advance City approval, supplemental drawings and/or specifications necessary to clarify the RFI. The Design Professional shall maintain a detailed record of all RFI’s and responses supplied to the Contractor. 7.03 Change Orders: Design Professional shall review and advise the City on requests by the City or Contractor for changes in the construction of the Project. The Design Professional shall review City prepared Contract Change Orders and, where necessary, prepares Drawings and Specifications to describe Work to be added, deleted or modified. The Design Professional shall maintain all records relative to changes in the construction. 7.04 Construction Meetings: Attend up to two (2) site meetings in the Construction phase and provide meeting minutes to the City within two (2) business days. 7.05 Record Drawings: Design Professional shall revise the contract plans to include all change orders, RFI responses and field changes to reflect actual conditions. Utilizing the contractor’s red-line mark-up plan set the Design Professional shall transfer these changes to the record drawings. 7.0 Deliverables (all deliverables shall be digital unless otherwise noted) 7.01 Responses to submittals, submittal log 7.02 Responses to Requests for Information, RFI log 7.03 Review comments for City prepared Change Orders 7.04 Meeting Minutes 53 Bellecci & Associates, Inc. Exhibit A Master Agreement for Design Services for Publicly Bid and Built Bicycle Transportation Projects PAGE 13 OF 13 7.05 Record Drawings Task 8.0: Additional Services Design Professional services not specifically identified in the Scope of Services shall be considered Additional Services. At the City’s request, the Design Professional shall provide a fee proposal for specific additional services consistent with the professional rate schedule in Exhibit C. Other Tasks/Services that may be assigned per Project needs: • Plan line study • Corridor study • Community Outreach Support/Design Visualization • Utility Coordination • Permit Acquisition • Traffic Signal Design • Street Lighting Design • Structural Design • Green Street Infrastructure Design • Complete Street Roadway Design • Environmental Engineering • Storm Water Conveyance and Treatment Design • Fiber Optic/Communication Design • Aerial Photometric Survey • Legal Descriptions and Plat Maps • Planting and Irrigation Design • Roadway Aesthetic Treatments 54 Bellecci & Associates, Inc. Exhibit B Master Agreement for Design Services for Publicly Bid and Built Bicycle Transportation Projects PAGE 1 OF 2 EXHIBIT B Service Order Form Each Service Order for work under this Master Agreement shall be initiated and executed as provided for in the Master Agreement, Section 2.2 Service Orders. An exemplar of the Service Order form follows. END OF EXHIBIT 55 City of Cupertino Master Agreement Page 2 of 2 Service Order No. CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. MASTER AGREEMENT PO#:M. A. Date: Maximum Compensation: Consultant:Firm Name: Address: Contact: Phone: Project Description: Project Name: X City Project Management Managing Department: Public Works Project Manager: Fiscal/Budget : Amount $0 $0 $0 $0 $0 Contract Manager:Date: Approvals: Consultant:Date: CIP Manager:Date: Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature City Finance:Date: Management Analyst and Compensation Master Agreement Maximum Compensation: Total Previously Encumbered to Date: Encumbrance this Service Order: Total Liquidated Encumbrance: Master Agreement Unencumbered Balance: S.O. Acc't No.: Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance Description: (simple project description if appropriate) 56 Bellecci & Associates, Inc. Exhibit C Master Agreement for Design Services for Publicly Bid and Built Bicycle Transportation Projects PAGE 1 OF 2 EXHIBIT C COMPENSATION Capitalized terms which are defined in the Agreement have the same meaning in this Exhibit C. The City will compensate the Consultant for satisfactory performance of duly authorized Services, based on the hourly rate(s) set forth below. The hourly rates are deemed to include all costs including, salary, wages, benefits, taxes, insurance, and the like paid to or on behalf of each individual providing the Services, and are also deemed to include profit, overhead, vehicle, equipment and supply costs and the like. The hourly rates do not include reimbursable expenses, which are addressed below. These hourly rates will remain in effect for the Term of the Agreement unless changed by written amendment to the Agreement. Total compensation for Services provided pursuant to a Service Order, including reimbursable expenses, may not exceed the maximum compensation authorized under the Service Order. Consultant Hourly Rates: Principal $ 224 per hour Project Manager $ 186 per hour Professional Engineer $ 176 per hour Senior Engineer $ 160 per hour Design Engineer $ 142 per hour Assistant Engineer $ 132 per hour Construction Manager $ 184 per hour Resident Engineer $ 160 per hour Senior PW Inspector $ 138 per hour PW Inspector $ 124 per hour Professional Land Surveyor $ 184 per hour Survey Coordinator $ 164 per hour Survey Technician $ 124 per hour Flag Person $ 84 per hour 1-Man Field Survey Crew $ 196 per hour 2-Man Field Survey Crew $ 268 per hour 3-Man Field Survey Crew $ 338 per hour Legal/Expert Witness $ 300 per hour Clerical $ 60 per hour 57 Bellecci & Associates, Inc. Exhibit C Master Agreement for Design Services for Publicly Bid and Built Bicycle Transportation Projects PAGE 2 OF 2 Reimbursable Expenses: Reimbursable expenses include the cost of items, other than direct labor, specifically required to perform the Services, excluding normal business operating expenses and overhead, which are included in the direct hourly rates set forth above. City will compensate Consultant for such reimbursable expenses only with prior written authorization by the individual designated as the City Representative in Section 14, Project Coordination, of the Agreement. The City will reimburse the Consultant for allowable reimbursable expenses for the documented actual cost only, with no surcharge or markup for Consultant administration. Reimbursable expenses must be separately identified on the Consultant invoice and documentation of each reimbursable expense must be submitted to the City upon request and maintained as required under Section 8, Records, of the Agreement. Allowed reimbursable expenses include, but are not limited to: • Individual or multiple document reproductions that exceed 50 pages; • Drawing or bid set reproductions; • Special software required by City specifically for a project, excluding standard software programs such as Microsoft Office suite applications (i.e. Word, Excel, PowerPoint, Project, etc.); Adobe Acrobat; or standard photo editing programs. • Travel expenses to the extent allowed by City policy, and subject to any limitation on allowable travel expenses under a Service Order, with mileage reimbursed per the current IRS standard mileage rate at the time of travel; • Subconsultants required by project scope of services; • Safety equipment required by City policy or the project scope of services; • Mass mailing notifications; • Special expenses for public meetings, such as refreshments, interpreters, security, valet parking, facility rental, tents or booths, easels, markers, paper, presentation equipment. END OF EXHIBIT 58 Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts 1 Form Updated Feb. 2018 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 01 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts 59 Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts 2 Form Updated Feb. 2018 Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL policy. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. 60 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3896 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:4/18/2018 City Council On agenda:Final action:5/1/2018 Title:Subject: Approve renewal and collection of existing storm drain fees at no increase in rates for FY 2018-2019 Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Resolution Action ByDate Action ResultVer. City Council5/1/2018 1 Subject: Approve renewal and collection of existing storm drain fees at no increase in rates for FY 2018-2019 Consider all objections or protests and adopt Resolution No. 18-040 for approval and renewal of the collection of existing storm drain fees at no increase in rates for fiscal year 2018-2019 CITY OF CUPERTINO Printed on 4/25/2018Page 1 of 1 powered by Legistar™61 1 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: May 1, 2018 Subject Approve renewal and collection of existing storm drain fees at no increase in rates for FY 2018-2019. Recommended Action Consider all objections or protests and adopt the Draft Resolution for approval and renewal of the collection of existing storm drain fees at no increase in rates for fiscal ye ar 2018-2019. Discussion Since 1992, the Nonpoint Source Program, mandated by the State of California and the United States Environmental Protection Agency regulations pursuant to the Clean Water Act, has been funded locally from a storm drain fee applied to each property in the City. The fee, collected by the Santa Clara County Tax Collector on behalf of the City, is subject to annual review and approval by the City Council. The existing storm drain fees support the City’s, State and federally mandated programs and water quality control requirements. Also supported by these funds are the operation and maintenance of storm drain facilities (to the extent not covered by existing General Fund activities), a portion of the annual street sweeping contract, funding for regional watershed monitoring, local public outreach and education, litter reduction measures and all other compliance work conducted on behalf of the cities and agencies by the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP). The City is also responsible for mandatory inspections and data tracking to prevent illegal connections and discharges to the City’s storm drain system and impacts to State waters. The fees have remained the same since they were first levied in 1992 and no increase is proposed at this time. The annual fees for each property category are as follows: 62 2 Category Rate per Year Single-Family, Town homes, Condominiums $ 12.00 / premise Commercial/Industrial/Apartments $ 144.00 / acre Unimproved Land/Recreation $ 36.00 / acre Fiscal Impact The fee schedule, when levied on all properties in the City of Cupertino , generates approximately $372,800. The approved Nonpoint Source program budget for FY 2017- 2018 was approximately $762,000. The budgeted amount is the minimum necessary to comply with the increasingly stringent State and Federal Clean Water Act requirements, higher municipal National Pollutant Discharge Elimination System (NPDES) fees proposed by the State, and increased SCVURPPP regional program costs. The difference between the budgeted amount for this fund and the revenue from the storm drain fee is proposed to continue to be supported by the General Fund. Any increase in the current fee amount would be subject to Proposition 218 restrictions and no change is recommended at this time. Within the City Council’s approved 2018-19 Work Program, staff will be exploring the feasibility and potential steps to conduct a property owner mail-in election for authorization to adjust stormwater fees from 1992 level to current needed levels. This effort will include soliciting input from the Sustainability Commission and local grassroots groups. Sustainability Impact The storm drainage fee, which has been in place since 1992, supports water pollution prevention and water conservation (NPDES) activities. Significant sustainability benefits include the reduction or elimination of pollutant discharges which could degrade local creeks and threaten the supply of clean water, and the capture of rainwater to be used as a resource. _____________________________________ Prepared by: Cheri Donnelly, Environmental Programs Manager Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A – Draft Resolution including Engineer’s Report 63 1 4/12/18 RESOLUTION NO.18 ___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE RENEWAL AND COLLECTION OF THE EXISTING STORM DRAIN FEES AT NO INCREASE IN RATES FOR FISCAL YEAR 2018-2019 WHEREAS, the City Council of the City of Cupertino enacted Municipal Code Chapter 3.36 in part to meet the City’s federally mandated Stormwater Pollution Prevention and Management Program and establishing the authority for imposing and charging a storm drainage service charge; and WHEREAS, a report entitled “Engineer’s Report, Assessment of Fees for Storm Drainage Purposes Nonpoint Source Pollution Program (Exhibit A),” concerning the method of assessing an environmental fee to fund the City’s Stormwater Management Program was prepared by the Director of Public Works pursuant to Section 3.36.080(B) of the City’s Municipal Code and filed with the City Clerk on April 12, 2018; and WHEREAS, the report, filed with the City Clerk was available for public inspection and review twenty (20) days prior to this public hearing; and WHEREAS, the City Council of the City of Cupertino finds and determines as follows: 1. After considering the report entitled “Engineer’s Report, Assessment of Fees for Storm Drainage Purposes Nonpoint Source Pollution Program” and the testimony received at this public hearing, the City Council hereby approves the report and herein incorporates it in the resolution. 2. There is a need in the City to continue collecting a storm drainage service charge to cover the costs of the federally mandated program as heretofore described, in that properties within the City will not otherwise contribute a portion of costs toward this program and without the availability of such storm drainage service charge, the City’s general fund will eventually be negatively impacted in such a manner as to jeopardize other essential services. 3. The facts and evidence presented establish that there is a reasonable relationship between the need for this fee and the impacts for which this fee shall be used, and that there is a reasonable relationship between the fee’s use and the properties, which are to be charged this fee. These relationships or nexuses are described in more detail in the above referenced Engineer’s Report. 4. The amounts of the fee for each category of property, as set forth below, are reasonable amounts, as such fees are based on runoff coefficients established in the Master Storm Drain Study and are below the cost recovery. 5. It is further determined that each and every parcel of land contained in said report will, and has received a benefit of flood control from the storm drainage system and that the charges imposed herein on each such parcel are in conformity with , and in fact lower than, the benefits that such parcel has received as further described in the report. ATTACHMENT A 64 2 4/12/18 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cupertino, that: 1. Charge. The storm drainage service charge shall continue to be charged to each parcel within the City to contribute to the costs of the City’s federal and state requirements for Nonpoint Source Control and a Stormwater Management Program. 2. Use of Revenue. The revenue derived from said charge shall be used in connection with implementing and enforcing Chapters 3.36 of the Cupertino Municipal Code entitled “Storm Drainage Service Charge” and Chapter 9.18 entitled “Stormwater Pollution Prevention and Watershed Protection.” 3. Schedule of Charges. (a) Annual fees for each category of property will be assessed and collected as follows: Residential premises $ 12.00/parcel Apartment premises $144.00/acre Commercial/Industrial premises $144.00/acre Unimproved/Recreational $ 36.00/acre (b) The following public properties are exempt from, and shall not be assessed the environmental fee: Cupertino Sanitary District Santa Clara County Santa Clara Valley Water District Southern Pacific Transportation Company State of California The Santa Clara County Fire Department The City of Cupertino The Cupertino Union School District The Foothill-De Anza Community College District The Fremont Union High School District The MidPeninsula Regional Open Space District United States of America 4. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to challenge, review, set aside, void, or annul this resolution shall be brought within 120 days from the date of its adoption. 65 3 4/12/18 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of May, 2018, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ________________________________ Grace Schmidt, City Clerk Darcy Paul, Mayor 66 4 4/12/18 EXHIBIT A ENGINEER'S REPORT ASSESSMENT OF FEES FOR STORM DRAINAGE AND NONPOINT SOURCE POLLUTION PREVENTION PROGRAM A. Program Description and Purpose The purpose of this assessment is to collect fees to fund the City of Cupertino's Nonpoint Source Pollution Prevention Program mandated by the Environmental Protection Agency (EPA) and the Clean Water Act. Regulations by the EPA and the State of California require cities to take specific actions to eliminate or control pollutants in waters of the State. The term "nonpoint source pollution" represents a process whereby pollutants, debris, trash, sediment and chemicals which accumulate on streets, in neighborhoods, at construction sites, in parking lots, and on other exposed surfaces are washed off by rainfall and carried away by stormwater runoff (via city drain inlets and pipes installed for flood control) into local creeks and the San Francisco Bay. Sources of these pollutants may include automobile exhaust and oil, pesticides, fertilizers, eroded soil, detergents, pet waste, paint, litter, and other material carried through the City’s storm drainage system—without treatment—directly to the Bay. Many of these pollutants are hazardous to aquatic and human life. The City of Cupertino has implemented several mandated and pro-active programs to mitigate this problem. Among other activities, these programs include an illegal storm drain discharge investigation and elimination complaint response program; scheduled proactive inspections of outdoor housekeeping practices at business sites within the City; bi-weekly sweeping of residential streets and weekly sweeping of commercial streets; installation of trash capture devices and curb drain inlet screens to prevent litter from entering the City’s storm drainage system; inspection and cleaning of storm drain structures and trash capture devices; public education and engagement with teachers and students, educational activities offered at City events; and a popular, unique, and well- established District-wide third-grade creek education & field trip program led by the City’s naturalist at McClellan Ranch Preserve and Stevens Creek. The State San Francisco Bay Regional Water Quality Control Board (Water Board) approved the first Municipal Regional Permit (MRP) on October 14, 2009 and, on November 18, 2015, adopted the second regional permit (MRP 2) with additional requirements that became effective on January 1, 2016. MRP 2 was issued to the City of Cupertino and 75 agencies or co-permittees which discharge storm water through municipal drainage systems to local creeks and the San Francisco Bay. The City of Cupertino and 14 other co-permittees in Santa Clara County are members of the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) which works collaboratively to maintain compliance with MRP 2. In addition to conducting local activities, City staff work closely with the other SCVRUPPP jurisdictions to implement pollution prevention, source control, monitoring, and educational programs. MRP 2 includes several mandated requirements that are being phased in over the five-year permit term. The SCVURPPP has increased its co-permittee 67 5 4/12/18 membership assessments to help meet these requirements. With these and new MRP-related costs and requirements on the horizon, the City increased its NPS budget slightly to ensure its continued compliance. For FY 2017-2018, the fee provided revenue of approximately $372,800, leaving approximately $389,200 ($762,000 in expenses less approximately $372,800 in fee revenue) to be paid from the General Fund. While Proposition 218 essentially prevents the City from increasing stormwater fees, it is important that the fees that have been in place since 1992 continue to be collected. B. Estimated Expenditures The total estimated budget to implement the required programs described above for fiscal year 2016- 2017 was approximately $670.000. The breakdown of costs is estimated as follows: Countywide Program $170,000 SCVURPPP1Program Assessment - Regional Permit Implementation Regional Watershed Monitoring (administered by EOA, Inc.2) State NPDES3 Permit Fees Countywide Public Education and Municipal Staff Training CA Stormwater Quality Association (CASQA) Participation Annual Parcel Stormwater Fee Assessment for County Policy Development Contingencies Operations and Maintenance $140,000 Catch Basin and Frequent Trash Capture Device Cleaning Street Sweeping (weekly in commercial areas) On-call Emergency Spill and Discharge Response Staff and Equipment to Implement City’s Mandated Litter Reduction Plan City Public Engagement and Education Awareness $60,000 Public Outreach Materials & Events Third-Grade Creek Education for Local Schools Support High School Students’ Watershed and Creek Education Support De Anza College and Community Environmental Education Community Engagement -Creek Cleanup& Watershed Monitoring Events Staff to Conduct Public Education, Training and Outreach CA Product Stewardship Council membership (Extended Producer Responsibility) Local Programs $392,000 Development, Administration, and Evaluation of Mandated Programs 1SCVURPPP: The Santa Clara Valley Urban Runoff Pollution Prevention Program is a collaborative of 15 municipalities and agencies in Santa Clara County of which Cupertino is a member and co-permittee. 2 EOA, Inc. is the environmental engineering and regulatory consulting firm that manages the Santa Clara Valley Urban Runoff Pollution Prevention Program for the co-permittees www.eoainc.com 3NPDES: National Pollutant Discharge Elimination System 68 6 4/12/18 Environmental Impact and New and Redevelopment Review Ordinance Revisions Database Maintenance Illegal Discharge Complaint Investigation and Enforcement Industrial/Commercial Discharger Inspection Program Construction Site Inspection Program Verification of Treatment Measure Maintenance by Private Property Owners Low Impact Development (LID) and Green Infrastructure Management Litter Reduction Education and Enforcement City’s Participation in Multiple Countywide and Regional Programs Other Staffing Costs _______ TOTAL COST TO MAINTAIN CITY’S COMPLIANCE $762,000 C. Revenue and Assessment Revenues generated to fund this program are based on a factor calculated from the City's Master Storm Drain Study runoff coefficients and average area of impervious surface per acre based on type of land-use development. The factor for each category is based on a comparison to an average residential parcel assigned a factor of one. The following table represents the approximate revenue stream for different categories of development. No. Parcels Annual Fee Revenue Development Category Factor or Acre Cost/Unit Generated Residential 1 15,885 Pcls $ 12 $ 190,620 Commercial/Industrial/ Apartments 12 1,046.96 Ac $ 144 $ 150,759 Unimproved/Recreational 3 871.17 Ac $ 36 $ 31,362 _________ TOTAL $ 372,741 Each parcel has been identified and a fee established in a separate report entitled PARCEL ASSESSMENT REPORT. ____________________________ Timm Borden Director of Public Works 69 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3897 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:4/18/2018 City Council On agenda:Final action:5/1/2018 Title:Subject: Approval of the Santa Clara County Countywide AB939 Implementation Fee Agreement and the Santa Clara County Countywide Household Hazardous Waste Collection Program for Fiscal Years 2019 to 2021 Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Resolution - Countywide AB 939 Implementation Fee for FY's 2019-2021 B - Draft Resolution - Countywide HHW Collection Program for FY's 2019-2021 C - Agreement for Countywide AB 939 Implementation Fee D - Agreement for Countywide HHW Collection Program Action ByDate Action ResultVer. City Council5/1/2018 1 Subject: Approval of the Santa Clara County Countywide AB939 Implementation Fee Agreement and the Santa Clara County Countywide Household Hazardous Waste Collection Program for Fiscal Years 2019 to 2021 a. Adopt Resolution No. 18-041, a Resolution of the City Council of the City of Cupertino authorizing execution of the Agreement with Santa Clara County for Countywide AB 939 Implementation Fee for Fiscal Years 2019 to 2021, including the delegation of authority to the City Manager, or designee, to execute amendments and future agreements as long as the fee remains the same. b. Adopt Resolution No. 18-042, a Resolution of the City Council of the City of Cupertino authorizing execution of the Agreement with the County of Santa Clara for Countywide Household Hazardous Waste Collection Program for Fiscal Years 2019 to 2021, including the delegation of authority to the City Manager, or designee, to execute amendments and future agreements as long as the fee remains the same. CITY OF CUPERTINO Printed on 4/25/2018Page 1 of 1 powered by Legistar™70 CITY COUNCIL STAFF REPORT Meeting: May 1, 2018 Subject Approval of the Santa Clara County Countywide AB939 Implementation Fee Agreement and the Santa Clara County Countywide Household Hazardous Waste Collection Program Agreement, both for Fiscal Years 2019 to 2021. Recommended Action a. Adopt a Resolution of the City Council of the City of Cupertino authorizing execution of the Agreement with Santa Clara County for Countywide AB 939 Implementation Fee for Fiscal Years 2019 to 2021, including the delegation of authority to the City Manager, or designee, to execute amendments and future agreements as long as the fee remains the same. b. Adopt a Resolution of the City Council of the City of Cupertino authorizing execution of the Agreement with the County of Santa Clara for Countywide Household Hazardous Waste Collection Program for Fiscal Years 2019 to 2021, including the delegation of authority to the City Manager, or designee, to execute amendments and future agreements as long as the fee remains the same. Description AB 939 Agreement Since 1992, the County of Santa Clara has been collecting a Countywide AB 939 Implementation Fee on each ton of waste delivered to landfills. The current total AB 939 Fee, set at $4.10 per ton, includes two components. The first is the Implementation Fee portion, set at $1.50 per ton, which is collected as a straight pass-through by the County to the cities in Santa Clara County to fund city-specific programs required to meet AB 939 waste diversion goals. Cupertino received $67,313 in AB 939 Implementation Fees collected by the County on tonnage disposed at landfills in FY 2017. The second portion of the Fee (discussed below) funds the Countywide HHW program, in which all 71 jurisdictions in the County, with the exception of the City of Palo Alto, participate. Palo Alto has its own HHW facility which it operates to serve its residents. The approval of the AB 939 Agreement is required in order for any of the Santa Clara County jurisdictions to receive the AB 939 funds from the County. The County, the City of Cupertino, and each of the fourteen other municipalities in Santa Clara County, must execute the Agreement for Countywide AB 939 Implementation Fee for FY’s 2019-2021 for the Implementation Fee to be collected by the County on behalf of the cities. If not approved by all Santa Clara County jurisdictions, the County will not collect the AB 939 Fee ($1.50/ton) and the money that is currently collected and distributed to fund municipal AB 939 (diversion) programs will not be available to the jurisdictions. HHW Agreement Household hazardous waste (HHW) disposal services are directly mandated under AB 939 and therefore are included as a component of the AB 939 Fee collected by the County. The HHW component of the AB 939 Fee ($2.60 per ton) has been set to provide countywide HHW collection and safe, legal disposal for the next three years. HHW includes but is not limited to common household products such as paint, pesticides, cleansers, fertilizers, automotive fluids, antifreeze, solvents, etc. If a municipality does not participate by contributing to the fixed costs of the countywide program, its residents will not be eligible to participate in the County’s drive-through drop-off events, nor will the jurisdiction be included in countywide efforts with other jurisdictions to reduce government costs by participating in countywide grants, setting up take-back programs in local stores, and many outreach programs. Discussion Participation in the Countywide HHW Program is optional. Currently, all jurisdictions other than the City of Palo Alto participate and share the fixed costs to run the program. Additionally, each city, with the exception of Cupertino, pays a projected $62 per car disposal fee to serve a minimum of 4% of its households. In 2010, the City of Cupertino began supplementing the County’s HHW program with a unique door-to-door collection service for Cupertino residents provided by Waste Management, Inc. (WM). A fifty-four cent per month charge is included on all residential garbage bills and paid to WM to fund this service. The County, recognizing that Cupertino’s implementation of a door-to-door collection program, meant that very few Cupertino residents would continue to need the countywide drop-off service, eliminated the minimum 4% (of total households) participation charge for the City of Cupertino. 72 In 2015, the City Council agreed to maintain the City’s participation in the countywide program by continuing to share the fixed costs and pay only the per car cost for each Cupertino resident that actually uses the drop-off service. The balance of the HHW fee collected for Cupertino’s participation in the countywide program is currently passed through to the City to fund the administration of its supplemental HHW services. In FY 2017 the City received $66,647 from the County in HHW funding. Although the door-to door collection service provided by WM is a convenience that is not currently offered to other residents in the County, and while most Cupertino residents are pleased to use a service that does not require them to be at home during collection, some residents have special circumstances or specific hazardous materials that make the County’s drop-off program preferable and necessary. For example, WM’s door- to-door collection truck is not permitted to haul asbestos, leaking or unknown/unlabeled materials, or pressurized gas cylinders; all of which are ac cepted at the County-run facilities. Appointments for the collection truck must be made at least a week to two weeks in advance, whereas the County’s drop-off events are available almost every Friday and Saturday. To ensure that Cupertino residents are provided with the opportunity to dispose of all types of household hazardous waste at a time when disposal is needed, the City has provided its residents with access to two programs, the County - wide drop off and Waste Management’s door-to-door collection. Both the Agreement for Countywide AB 939 Implementation Fee for FY’s 2019-2021 and the Agreement for Countywide Household Hazardous Waste Collection Program for FY’s 2019-2021 must be considered for approval with the terms specified for each. However, as noted in item 28 of the HHW Agreement, the HHW Agreement may be terminated by either the County or the City upon thirty (30) days written notice given by the terminating party. The attached Resolutions authorize the City Manager, or designee to execute, amend, and take necessary actions to these current Agreements and all subsequent Agreements as needed as long as the AB 939 and HHW fee remain the same. Sustainability Impact The AB 939 and HHW Agreements approve the countywide collection of fees to facilitate safe and appropriate disposal or re-purposing of all wastes. Additionally, the countywide HHW Agreement is designed to reduce and eventually eliminate the residential hazardous waste that is still sent to landfill countywide and to capture some of t he hazardous waste that might otherwise be illegally dumped. 73 Fiscal Impact The two components of the AB 939 Fee have been set at the appropriate level to fund each municipality’s waste stream diversion goals and the countywide HHW program. There is no additional cost to the City to enact these Agreements. However, if any jurisdiction in Santa Clara County does not approve the Agreement for Countywide AB 939 Implementation Fee for FY’s 2019-2021, the Agreement will not be approved and the other cities in Santa Clara County will not receive County-collected AB 939 funding for jurisdictional recycling and waste reduction programs. _____________________________________ Prepared by: Alex Wykoff, Environmental Specialist, and Cheri Donnelly, Environmental Programs Manager Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A – Draft Resolution - Countywide AB 939 Implementation Fee for FY’s 2019-2021 B – Draft Resolution - Countywide HHW Collection Program for FY’s 2019-2021 C - Agreement for Countywide AB 939 Implementation Fee D - Agreement for Countywide HHW Collection Program 74 RESOLUTION NO. 18-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING AN AGREEMENT WITH SANTA CLARA COUNTY FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FOR FY’s 2019-2021 WHEREAS, the countywide AB 939 Implementation Fee (Fee) was established in 1992 to assist and provide funding to the fifteen cities and the unincorporated areas of Santa Clara County to cover the costs of preparing, adopting, and implementing an integrated waste management plan, pursuant to a master agreement with the County; and WHEREAS, the Recycling and Waste Reduction Commission of Santa Clara County has determined the Fee should remain at $4.10 per ton for Fiscal Years 2019, 2020, and 2021 for the three-year term of the new Agreement, July 1, 2018 to June 30, 2021. The Fee will be imposed on each ton of waste landfilled or incinerated within the County or generated within the County and subsequently transported to non-disposal facilities or collection facilities located outside the County; and WHEREAS, the proposed Agreement affirms the applicable Fee, provides for the County to administer the program, and establishes the terms and conditions under which County will collect and distribute the Fee for the three-year term to each of the participating jurisdictions; and WHEREAS, the Director of Public Works recommends approval of the new Agreement for Countywide AB939 Implementation Fee for FY ’s 2019-2021, as it may be amended from time to time; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby adopts this resolution approving the “Agreement for the Countywide AB 939 Implementation Fee for FY’s 2019-2021” and authorizes the City Manager or his designee to take all necessary steps to execute and implement said Agreement, consistent with this resolution, the accompanying council report, and subject to the City Attorney’s approval as to form. ATTACHMENT A 75 PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City of Cupertino this 1st day of May, 2018, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ___________________________________ Grace Schmidt, City Clerk Darcy Paul, Mayor 76 RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING AN AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM FOR FY’s 2019-2021 WHEREAS, the City Council has in the past authorized the City of Cupertino to participate in the Santa Clara Countywide Household Hazardous Waste Collection Program and has approved previous agreements; and WHEREAS, a new “Agreement For Countywide Household Hazardous Waste Collection Program,” between the County of Santa Clara and the City of Cupertino is now required; and WHEREAS, the Agreement will allow continued City participation in the County’s Household Hazardous Waste Collection Program for Fiscal Years 2019 , 2020, and 2021 (July 1, 2018 – June 30, 2021); and WHEREAS, section 28 of the Agreement for Countywide Household Hazardous Waste Collection Program allows for its termination by either the COUNTY or CITY upon thirty (30) days written notice given by the terminating party; and WHEREAS, the Director of Public Works recommends approval of the new Agreement, as amended from time to time; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby adopts this resolution approving the “The Agreement for Countywide Household Hazardous Waste Collection Program for FY ’s 2019- 2021” and authorizes the City Manager or his designee to take all necessary steps to execute and implement the Agreement, consistent with this resolution, the accompanying council report, and with the City Attorney’s approval as to form. ATTACHMENT B 77 PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City of Cupertino this 1st day of May, 2018, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ______________________________ ________________________________ Grace Schmidt, City Clerk Darcy Paul, Mayor 78 AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FYs 2019 – 2021 Page 1 of 14 AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE This Agreement is made by and among the Cities and Towns of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno, Mountain View, Palo Alto, San José, Santa Clara, Saratoga, and Sunnyvale (CITIES) and the County of Santa Clara (COUNTY) on the _________ day of ____________ 2018. The term CITIES may refer to Cities collectively or a City individually. RECITALS WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing an integrated waste management plan; WHEREAS, the Board of Supervisors established the Countywide AB939 Implementation Fee effective July 1, 1992 to fund local costs of preparing, adopting, and implementing integrated waste management plans and programs; WHEREAS, the Recycling and Waste Reduction Commission of Santa Clara County (“Commission”) has determined that a Countywide AB939 Implementation Fee (Fee) is necessary, pursuant to Public Resource Code 41901, to assist in funding the costs of preparing, adopting and implementing integrated waste management plans and programs in the fifteen cities and the unincorporated area of the county; WHEREAS, in 2015, the Board of Supervisors approved the Fee for Fiscal Years 2016, 2017, and 2018 at $4.10 per ton of waste to be disposed; WHEREAS, the Commission hereby recommends that the Board approve the Fee for Fiscal Years 2019, 2020, and 2021 at $4.10 per ton of waste to be disposed; WHEREAS, the Fee shall be imposed on each ton of waste landfilled or incinerated within the County; received at any non-disposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; or removed from any location in the County by any person or business for disposal or incineration outside the County; and WHEREAS, State law requires jurisdictions to plan and implement household hazardous waste (HHW) services; and WHEREAS, HHW programs provide household hazardous waste management services to residents of Santa Clara County and are necessary services to enable jurisdictions to meet the requirements of State law; and DocuSign Envelope ID: 8E7D5E32-D1A6-4AEC-A14C-7C748853ADD7 79 AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FYs 2019 – 2021 Page 2 of 14 WHEREAS, jurisdictions in Santa Clara County desire to provide safe, convenient, and economical means for residents to properly dispose of household hazardous wastes in an environmentally safe manner in order to avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health or environmental hazard. These wastes include, but are not limited to, common household products such as household cleaning products, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, fluorescent lamps, and batteries; and WHEREAS, the County will collect the Fee on behalf of the fifteen cities and the unincorporated area and will apportion the Fee according to the terms of this Agreement. NOW, THEREFORE, CITIES and COUNTY AGREE AS FOLLOWS: 1. PURPOSE The purpose of this Agreement is to state the terms and conditions under which the COUNTY will collect and distribute the Fee of $4.10 per ton in Fiscal Years 2019, 2020 and 2021 of waste to be disposed. The Fee is divided into two parts: 1) a Program Fee of $1.50 per ton to assist in funding the costs of preparing, adopting, and implementing the integrated waste management plan in the fifteen cities and the unincorporated area of the County; and 2) a Household Hazardous Waste (HHW) Fee of $2.60 per ton to provide funding to implement the Countywide HHW Program. The Program Fee will be allocated among jurisdictions as described in Exhibit C, attached hereto and incorporated herein. The HHW Fee will be allocated to the COUNTY, CITIES, and Countywide HHW Program and participating jurisdictions as described in Exhibit C, attached hereto and incorporated herein. The Fee shall be imposed on each ton of waste landfilled or incinerated within the County; received at any non-disposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; or removed from any location in the County by any person or business for disposal or incineration outside the County. Non-Disposal Facilities are defined as those facilities included in the County of Santa Clara Non- Disposal Facility Element (and subsequent amendments to that Element) and are listed in Exhibit A, attached hereto and incorporated herein. 2. SERVICES PROVIDED BY COUNTY COUNTY will collect and distribute the Fee. COUNTY will collect the Fee from landfills and non-disposal facilities listed in Exhibit A, and any landfill or non-disposal facility subsequently permitted, on a quarterly basis using data from tonnage reports filed by landfill and non-disposal facility operators with the County Recycling and Waste Reduction Division. The COUNTY shall require each landfill and non-disposal facility to submit required payment, documentation of tonnages disposed, and state-mandated Disposal Reporting System Reports on a quarterly basis, within 45 days of the end of each calendar quarter. Late submissions and/or payments shall be subject to a late filing penalty and delinquent penalties. COUNTY will research Santa Clara County tonnage reported to COUNTY by landfills outside the COUNTY in significant DocuSign Envelope ID: 8E7D5E32-D1A6-4AEC-A14C-7C748853ADD7 80 AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FYs 2019 – 2021 Page 3 of 14 amounts to determine the identity of the hauler. That hauler will subsequently be billed in the same fashion subject to the same penalties as mentioned above. Collected funds and any late filing payments and delinquency penalties shall be distributed to CITIES and Countywide HHW Program based on the formula set forth in Exhibits B and C. COUNTY shall not be obligated to distribute funds that COUNTY has been unable to collect from landfill or non-disposal facility operators. 3. ROLE OF CITIES CITIES shall review the Disposal Reporting System Reports as prepared and submitted by the COUNTY and within 30 days of receipt shall report to COUNTY, with appropriate documentation, errors in waste allocations among jurisdictions. 4. COLLECTION AND USE OF FEE Each ton of waste will be subject to the Fee. Best efforts will be made to prevent tonnage from being assessed a double fee (once at a non-disposal facility and again at a landfill within Santa Clara County). The Program Fee funding share paid to CITIES shall be used to assist in funding the costs of preparing, adopting, and implementing the integrated waste management plan of each of the CITIES and the unincorporated area of the COUNTY. The HHW Fee portion shall assist in funding the costs of each of the CITIES share of HHW operations. 5. INSURANCE Each party shall maintain its own insurance coverage, through third party insurance, self- insurance or a combination thereof, against any claim, expense, cost, damage or liability arising out of the performance of its responsibilities pursuant to this Agreement. CITIES agree to provide evidence of such insurance to COUNTY via Certificate of Insurance or other documentation acceptable to the COUNTY upon request. 6. INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITIES and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the parties agree that each of the parties hereto shall fully indemnify and hold each of the other parties harmless from any claim, expense or cost, damage or liability arising out of, or in connection with, performance of its responsibilities pursuant to this Agreement and as described in Exhibit D. Additionally, CITIES shall indemnify, hold harmless, and defend COUNTY, its officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, including attorney fees and court costs, arising from any misuse of the Fee distributed to CITIES. COUNTY shall indemnify, hold harmless, and defend CITIES, its officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, DocuSign Envelope ID: 8E7D5E32-D1A6-4AEC-A14C-7C748853ADD7 81 AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FYs 2019 – 2021 Page 4 of 14 including attorney fees and court costs, brought by third parties based on COUNTY's sole negligence in the collection or distribution of said Fees. 7. DISTRIBUTION OF FEE COUNTY shall distribute the Fee to CITIES and the Countywide HHW Program pursuant to the formulas described in Exhibits B and C within 45 days of receipt of landfill and non- disposal facility payments and disposal documentation required for calculation of Fee distribution amounts. Distributions shall begin December 15, 2018, and continue quarterly through October 15, 2021. 8. PARTICIPATION IN THE COUNTYWIDE HHW PROGRAM CITIES, at their option, may individually participate in the Countywide HHW Program by entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. 9. LATE PAYMENTS If Fee payments and disposal documentation are not received from landfill or non-disposal facility operators prior to scheduled distribution of payments to CITIES and the Countywide HHW Program, payment distribution shall be calculated on a pro rata share of monies received. Upon collection, late payments and accrued delinquent penalties, if any, shall be distributed among CITIES and the Countywide HHW Program according to the formula in Exhibits B and C. 10. ACCOUNTING COUNTY shall maintain records of all transactions related to collection, use and distribution of the Fee for at least five (5) years after the termination date of this Agreement, unless otherwise required by law to retain such records for a longer period. Such records will be available for inspection upon written request by CITIES, and will include but not be limited to tonnage reports submitted by landfills and non-disposal facilities, waste stream documentation provided by cities, payments made by the landfills and non-disposal facilities to the COUNTY and by the COUNTY to CITIES, and expenditures for programmatic and overhead costs. 11. REQUEST FOR REVIEW In the event CITIES have a dispute regarding the calculation of its share of the Fee or the distribution or use of the Fee, CITIES may request in writing a review by COUNTY within 10 days of receipt of their Fee allocation. The review shall be performed within 30 days of request and results shall be reported to CITIES in writing. DocuSign Envelope ID: 8E7D5E32-D1A6-4AEC-A14C-7C748853ADD7 82 AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FYs 2019 – 2021 Page 5 of 14 12. EFFECTIVE DATE OF AGREEMENT This agreement is effective upon approval by all fifteen CITIES and the COUNTY. 13. AMENDMENT This Agreement may be amended only by a written instrument signed by all fifteen CITIES and the COUNTY. 14. INDEPENDENT CONTRACTOR Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties. 15. TERM OF AGREEMENT The term of this Agreement shall be from July 1, 2018 to June 30, 2021, or until all funds collected covering the period through June 30, 2021 have been distributed, whichever is later. COUNTY shall bill the operators of the landfills and non-disposal facilities listed in Exhibit A for the Fee commencing with the Quarter ending September 30, 2018. Said landfills and non-disposal facilities will be billed for the Fee through June 30, 2021. 16. NOTICES All notices required by this Agreement will be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such address as the party may designate in writing in accordance with this section. City of _______________________________ Contact: _______________________________ Title: _________________________________ Address: _______________________________ ________________________________ County of Santa Clara Contact: Recycling and Waste Reduction Division Manager Recycling and Waste Reduction Division Address: 1555 Berger Drive, Suite 300 City: San Jose, CA 95112 DocuSign Envelope ID: 8E7D5E32-D1A6-4AEC-A14C-7C748853ADD7 83 AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FYs 2019 – 2021 Page 6 of 14 17. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 18. ENTIRE AGREEMENT This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parties or their assigned designees. 19. COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 20. CONTRACT EXECUTION Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County. // // // // // // // // // DocuSign Envelope ID: 8E7D5E32-D1A6-4AEC-A14C-7C748853ADD7 84 AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FYs 2019 – 2021 Page 7 of 14 IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below: “COUNTY” ______________________________ S. Joseph Simitian, President Board of Supervisors Date: _____________ ATTEST: ________________________________________ Megan Doyle Date Clerk of the Board of Supervisors APPROVED AS TO FORM AND LEGALITY: _________________________________ Javier Serrano Date Deputy County Counsel “CITY” CITY/TOWN OF ____________________________, A municipal corporation By: Title: Date: DocuSign Envelope ID: 8E7D5E32-D1A6-4AEC-A14C-7C748853ADD7 3/22/2018 85 AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FYs 2019 – 2021 Page 8 of 14 EXHIBIT A LANDFILLS LOCATED IN SANTA CLARA COUNTY Guadalupe Rubbish Disposal Site Kirby Canyon Sanitary Landfill Newby Island Sanitary Landfill Zanker Materials Processing Facility Zanker Road Landfill NON-DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED IN SANTA CLARA COUNTY California Waste Solutions Recycling & Transfer Station City of Palo Alto Green Composting Facility Environmental Resource Recovery, Inc. (Valley Recycling) Green Earth Management LLC Kings Row Recycling Facility Green Waste Materials Facility and Transfer Station Green Waste Recovery Facility Guadalupe Landfill Lam Hauling Chipping and Grinding Lam Hauling Inert Debris Type A Leo Recycle Material Recovery Systems Facility Mission Trail Waste Systems, Inc. Newby Island Compost Facility Pacheco Pass Transfer Station Pacific Coast Recycling, Inc. Premier Recycle Facility Recology Silicon Valley Processing and Transfer Facility The Recyclery at Newby Island San Martin Transfer Station Smurfit-Stone Recycling San Jose Facility South Valley Organics Stanford Recycling Center and Direct Transfer Facility Sunnyvale Food Materials Transfer/Processing Operations Sunnyvale Materials Recovery and Transfer Station (SMaRT Station) Valley Recycling San Jose CDI Processing/Transfer Facility Wood Processing Facility at Recology Pacheco Pass Z-Best Composting Facility Zanker Materials Processing Facility Zanker Road Class III Landfill Zero Waste Energy Development Company Anaerobic Digestion Facility DocuSign Envelope ID: 8E7D5E32-D1A6-4AEC-A14C-7C748853ADD7 86 AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FYs 2019 – 2021 Page 9 of 14 EXHIBIT B FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE As documented in quarterly reports submitted by the County to the State Disposal Reporting System, each jurisdiction located in Santa Clara County (County) will receive $1.50 per ton of solid waste, which originates from their respective jurisdiction, that is: a) disposed of in landfills or incinerated within the County, b) received at any non-disposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County, c) collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County, or d) removed from any location in the County by any person or business for disposal or incineration outside the County.” Fees collected from undocumented disposed tonnage, or tonnage originating outside of Santa Clara County, will be distributed according to each jurisdiction’s percent of countywide population, according to the latest available population report issued by the California Department of Finance. DocuSign Envelope ID: 8E7D5E32-D1A6-4AEC-A14C-7C748853ADD7 87 AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FYs 2019 – 2021 Page 10 of 14 EXHIBIT C COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE PROGRAM FEE (HHW Fee) 1. PROGRAM FUNDING SOURCE HHW Program services are directly mandated under AB939, which establishes statutory authority to provide for funding to support planning and implementation of integrated waste management programs. The AB939 HHW Fee, of $2.60 per ton, collected as part of the AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE will be the primary source of funding for Countywide Household Hazardous Waste (CoHHW) Program services. Funds derived from the AB939 HHW Fee will be allocated among five types of CoHHW Program service costs as follows: A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.” B. San Jose Facility Use Surcharge will be apportioned based on CITY’s anticipated participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San Jose. C. Variable Cost Per Car provides a base level service of 4% of households in all participating jurisdictions. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.” D. Available Discretionary Funding funded on tonnage generated per participating jurisdiction. E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations as defined in PUBLIC RESOURCES CODE SECTION 41904. 2. FIXED PROGRAM COST Fixed Program Costs shall be $2.99 per household in Fiscal Years 2019, 2020 and 2021. Estimated HHW Fixed Costs are projected in Attachments A and B, attached hereto and incorporated herein. Fixed Program Costs may include, but are not limited to up to ten (10) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office DocuSign Envelope ID: 8E7D5E32-D1A6-4AEC-A14C-7C748853ADD7 88 AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FYs 2019 – 2021 Page 11 of 14 supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance and union negotiated salary and benefit changes. 3. ABANDONED WASTE DISPOSAL COST Abandoned Waste Disposal Costs for Fiscal Year 2019, 2020 and 2021 will be $0.05 per household for all households in the cities and towns of Santa Clara County and in the unincorporated area of the County. The Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations defined in PUBLIC RESOURCES CODE SECTION 41904. Estimated Abandoned Waste Disposal Cost is projected in Attachment A of the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. For the purposes of this agreement, PUBLIC RESOURCES CODE SECTION 41904 defines a nonprofit charitable reuse organization as follows: "Nonprofit charitable reuser" means a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials. 4. SAN JOSÉ FACILITY USE SURCHARGE The San José Facility Use Surcharge is estimated to be $6.83 per car for Fiscal Years 2019, 2020 and 2021. The total San José Facility Use Surcharge for CITY will be based on CITY’s participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José. Estimated San José Facility Use Surcharges are projected in Attachment A of the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. 5. VARIABLE COST PER CAR The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County Household Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The Variable Cost Per Car is estimated to be approximately $62 per car for Fiscal Years 2019, 2020 and 2021. The estimated cost per car will be adjusted to reflect actual service costs. After Fixed Program Costs and San Jose Facility Use Surcharge are allocated on a per household basis, the Variable Cost Per Car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached in a particular jurisdiction, the CoHHW Program may use the remaining balance of funds, in cooperation with the CITY that has less than 4% participation levels, to increase public outreach and/or provide additional services in that jurisdiction the following year. DocuSign Envelope ID: 8E7D5E32-D1A6-4AEC-A14C-7C748853ADD7 89 AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FYs 2019 – 2021 Page 12 of 14 6. AVAILABLE DISCRETIONARY FUNDING The Available Discretionary Funding portion of the AB939 HHW Fee will be allocated based on the tons of waste generated within each jurisdiction, and after allocation of Fixed Program Costs, San José Facility Use Surcharge, and Variable Cost Per Car allocation. Available Discretionary Funds will be paid as directed by each jurisdiction. Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in that jurisdiction by the CoHHW Program, subsidizing curbside used motor oil collection, electronic waste (e-waste) collection, universal waste collection, emergency HHW services, funding HHW public education, the support of capital infrastructure projects to accommodate HHW drop-off and collection events, or providing special programs such as retail collection of certain waste and/or door-to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. 7. PROGRAM FUNDING PASS-THROUGH Annual funding calculations include HHW Fees collected on behalf of all County jurisdictions. CITIES, at their option, may participate in the Countywide Household Hazardous Waste Program by entering into the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. CITIES not participating in the Agency Agreement will receive their pro-rata share of funding received by the COUNTY from the HHW Fee. If CITIES not participating in the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM desire to permit residents to participate in HHW Program services on an emergency basis, then services to these residents will be provided on a cost recovery basis. A charge equal to the established rates charged by the Countywide HHW Program to Conditionally Exempt Small Quantity Generators (CESQG) will be billed to the CITIES. A CITY’S representative must call the Countywide HHW Program appointment line to schedule an appointment for the resident. The pro-rata share of liability will be shared as defined in Section 27 of AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM and as described in Exhibit D. DocuSign Envelope ID: 8E7D5E32-D1A6-4AEC-A14C-7C748853ADD7 90 AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FYs 2019 – 2021 Page 13 of 14 EXHIBIT D SECTION 27 OF AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM HOLD HARMLESS AND INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement. Additionally, CITY shall indemnify COUNTY for CITY's apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction’s pro rata proportion of household participation in the Program. Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction’s pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 24 above. CITY shall further indemnify COUNTY for CITY's apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the COUNTY as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing CITY's apportioned share of any liability for the household hazardous waste. DocuSign Envelope ID: 8E7D5E32-D1A6-4AEC-A14C-7C748853ADD7 91 AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FYs 2019 – 2021 Page 14 of 14 COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify COUNTY for their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY's apportioned share of any liability for household hazardous waste. DocuSign Envelope ID: 8E7D5E32-D1A6-4AEC-A14C-7C748853ADD7 92 AGREEMENT WITH CUPERTINO Page 1 of 26 FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM AGREEMENT WITH CITY OF CUPERTINO FOR COUNTYWIDEHOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM This Agreement is made by and between the City of Cupertino (CITY) and the County of Santa Clara (COUNTY) on the _________ day of ____________ 2018. RECITALS WHEREAS, the County Board of Supervisors has approved a Countywide Household Hazardous Waste Collection Program whereby residents of the County and participating jurisdictions will have an opportunity to safely dispose of household hazardous wastes (HHW), regardless of the specific location at which the collection has been scheduled; and WHEREAS, the participating jurisdictions desire to provide residents with convenient opportunities to safely dispose of their HHW in order to encourage the proper disposal of toxic products, and avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health or environmental hazard; and WHEREAS, the participating jurisdictions desire to provide a safe, convenient, and economical means for residents to dispose of HHW. These wastes include, but are not limited to, common household products such as household cleaning products, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, car batteries, mercury thermostats, fluorescent lamps, household batteries, and electronic waste. Residents of the CITY listed above will be eligible to bring HHW to any Household Hazardous Waste Collection Event or facility where these wastes will be accepted for proper disposal as described below; and WHEREAS, the participating jurisdictions desire to schedule Household Hazardous Waste Collection Events (Events) for residents for FY 2019 through FY 2021 (July 1, 2018 – June 30, 2021); and WHEREAS, the participating jurisdictions desire to provide household hazardous waste collection services to a minimum of 4% of the households per fiscal year in each participating jurisdiction; and WHEREAS, the County Board of Supervisors has approved a Countywide AB939 Household Hazardous Waste Fee (AB939 HHW Fee), as authorized by Public Resources Code 41901, to be collected at $2.60 in FY 2019 through FY 2021 (July 1, 2018 – June 30, 2021) on each ton of waste landfilled or incinerated within the county, received at any non-disposal or collection facility located within the county and subsequently transported for disposal or incineration outside of the county, collected from any location within the county by a solid waste hauler operating DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 93 AGREEMENT WITH CUPERTINO Page 2 of 26 FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the county, or removed from any location in the county by any person or business for disposal or incineration outside the county. NOW, THEREFORE, CITY and COUNTY AGREE AS FOLLOWS: 1. PURPOSE The purpose of this Agreement is to state the terms and conditions under which CITY will participate in the Countywide Household Hazardous Waste Collection Program (CoHHW Program) available to its residents. Participating jurisdictions are those jurisdictions that enter into an AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. 2. PROGRAM FUNDING SOURCE HHW Program services are directly mandated under AB939, which establishes statutory authority to provide for funding to support planning and implementation of integrated waste management programs. The AB939 HHW Fee, of $2.60 per ton, collected as part of the AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE will be the primary source of funding for CoHHW Program services. Funds derived from the AB939 HHW Fee will be allocated among five types of CoHHW Program service costs as follows: A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.” B. San Jose Facility Use Surcharge will be apportioned based on CITY’s anticipated participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San Jose, CA 95133. C. Variable Cost Per Car provides a base level service of 4% of households in all participating jurisdictions. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.” D. Available Discretionary Funding funded on tonnage generated per participating jurisdiction. DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 94 AGREEMENT WITH CUPERTINO Page 3 of 26 FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at nonprofit charitable reuse organizations as defined in PUBLIC RESOURCES CODE SECTION 41904. The projected AB939 HHW Implementation Fee Allocation by jurisdiction is set out in Attachment A, attached hereto and incorporated herein. 3. FIXED PROGRAM COST Fixed Program Costs shall be $2.99 per household in Fiscal Years 2019, 2020 and 2021. Estimated HHW Fixed Costs are projected in Attachment B, attached hereto and incorporated herein. Fixed Program Costs may include, but are not limited to up to ten (10) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance and union negotiated salary and benefit changes. 4. ABANDONED WASTE DISPOSAL COST Abandoned Waste Disposal Costs for Fiscal Year 2019, 2020 and 2021 will be $0.05 per household for all households in the cities and towns of Santa Clara County and in the unincorporated area of the County. The Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations defined in PUBLIC RESOURCES CODE SECTION 41904. Estimated Abandoned Waste Disposal Cost is projected in Attachment A, attached hereto and incorporated herein. For the purposes of this agreement, PUBLIC RESOURCES CODE SECTION 41904 defines a nonprofit charitable reuse organization as follows: "Nonprofit charitable reuser" means a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials. 5. SAN JOSE FACILITY USE SURCHARGE The San Jose Facility Use Surcharge is estimated to be $6.83 per car for Fiscal Years 2019, 2020 and 2021. The total San Jose Facility Use Surcharge for CITY will be based on CITY’s participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San Jose. Estimated San Jose Facility Use Surcharges are projected in Attachment A, attached hereto and incorporated herein. DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 95 AGREEMENT WITH CUPERTINO Page 4 of 26 FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 6. VARIABLE COST PER CAR The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County Household Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The Variable Cost Per Car is estimated to be approximately $62 per car for Fiscal Years 2019, 2020 and 2021. The estimated cost per car will be adjusted to reflect actual service costs. After Fixed Program Costs are allocated on a per household basis and San Jose Facility Use Surcharge is allocated on a per participant basis, the Variable Cost Per Car will be used to calculate the costs to service 4% of households in CITY. If the service level of 4% of households is not reached in CITY, the CoHHWCF Program will refund to CITY the remaining balance of funds. 7. AVAILABLE DISCRETIONARY FUNDING The Available Discretionary Funding portion of the AB939 HHW Fee will be allocated based on the tons of waste generated within each jurisdiction, and after allocation of Fixed Program Costs, San Jose Facility Use Surcharge, and Variable Cost Per Car allocation. Available Discretionary Funds will be paid as directed by each jurisdiction. Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in that jurisdiction by the CoHHW Program, subsidizing curbside used motor oil collection, electronic waste (e-waste) collection, universal waste collection, emergency HHW services, funding HHW public education, the support of capital infrastructure projects to accommodate HHW drop-off and collection events, or providing special programs such as retail collection of certain waste and/or door-to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. 8. ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE The Santa Clara County Recycling and Waste Reduction Division will administer the AB939 HHW Fee, as part of the existing online disposal reporting and payment system. Administration and payment will be made in accordance with the AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE. Notwithstanding the foregoing, the COUNTY shall maintain records of the amount, use, and distribution of Fixed Program Cost expenditures for at least five (5) years after the termination date of this Agreement, unless otherwise required by law to retain such records for a longer period. CITY may request in writing a review by COUNTY of the Fixed Program Cost records. The review shall be performed within 30 days of request and results shall be reported to participating cities in writing. DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 96 AGREEMENT WITH CUPERTINO Page 5 of 26 FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 9. PROGRAM PUBLICITY The CoHHW Program shall have available to the public a HHW brochure for distribution. The brochure will be made available at various events, including but not limited to, environmental events and community fairs. The brochure may also be distributed, upon request, to cities within the County and to County residents and businesses. The CITY shall be responsible for developing and coordinating citywide awareness of the HHW Program. The CoHHW Program shall be responsible for Countywide public education for used oil recycling. CoHHW Program public awareness responsibilities shall include, but not be limited to, the following activities: • Serving as the formal contact to the local media such as local newspapers and television news stations; • Providing participating jurisdictions with educational materials developed for the CoHHW Program; • Promoting oil and oil filter recycling by developing, purchasing, and distributing educational materials, media relations materials, basic art work and camera ready advertising materials for distribution countywide and for use by jurisdictions; • Representing the program through educational presentations at schools and businesses and attendance at community events such as local fairs and festivals; and • Providing participating jurisdictions opportunities to review and comment on the development of countywide outreach materials. CITY’s public awareness responsibilities, at the sole discretion of the CITY, shall include, but not be limited to, the following activities: • Providing a copy of HHW promotional materials to the CoHHW Program for review for accuracy and completeness, prior to publication; • Developing and distributing communications to residents for local and CITY newsletters, newspapers and to the electronic media; • Providing the CoHHW Program with a copy of locally produced materials; and, • Conducting and supporting outreach and publicity to attain the 4% goal of household participation. 10. TEMPORARY HHW EVENTS COUNTY shall conduct Temporary HHW Events at various sites located in Santa Clara County. COUNTY shall obtain all necessary permits and licenses required for the Temporary HHW Events and shall provide or contract for the services of properly trained, qualified personnel and hazardous waste haulers, and shall provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at the Temporary HHW Events. DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 97 AGREEMENT WITH CUPERTINO Page 6 of 26 FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES COUNTY shall conduct collection operations at two County Household Hazardous Waste Collection Facilities (CoHHWCF). The CoHHWCF are located at: ♦ San Martin, 13055 Murphy Avenue, San Martin ♦ San Jose, 1608 Las Plumas, San Jose The COUNTY shall obtain all necessary permits and licenses required for the CoHHWCF and shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected. 12. SMALL BUSINESS RECYCLING AND DISPOSAL PROGRAM COUNTY will provide services to accept hazardous waste from Conditionally Exempt Small Quantity Generators (CESQG). A CESQG is defined by federal regulation as a business that generates less than 100 Kilograms (220 lbs.) of hazardous waste or 1 Kilogram (2.2 lbs.) of extremely hazardous waste per month. Eligible businesses within the County will be allowed to bring their hazardous waste to CoHHWCF. Services to businesses will be provided on a cost recovery basis, which will include program administration, on-site collection, transportation, and disposal costs. COUNTY will assume responsibility for fee collection from participating businesses. This program may, at the sole discretion of CITY, be subsidized by participating jurisdictions using outside funding not associated with AB939 HHW Fee. For purposes of definition, CESQG as defined is equivalent to Very Small Quantity Generator (VSQG) in 40 CFR 262.14. 13. ABANDONED HOUSEHOLD HAZARDOUS WASTE The CoHHW Program will allow for the disposal of abandoned HHW by government agencies and qualified nonprofit charitable reusers. Abandoned HHW means HHW left at a property by an unknown party. Abandoned household hazardous waste does not include waste generated by a known organization or agency in the course of normal business operations such as, but not limited to, the assembly or manufacture of products from new or used materials or the provision of charitable services such as classroom education, meal preparation, and shelter, or the provision of services for a fee. A) GOVERNMENT AGENCIES Government agencies shall be charged for disposal of abandoned HHW according to the CoHHW Program's published rates for CESQGs. B) NONPROFIT CHARITABLE REUSER A Nonprofit Charitable Reuser organization as established in Public Resources Code Section 41904, is a nonprofit as defined in Section 501(c) (3) of the United States Internal Revenue Code, or a distinct operating unit or DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 98 AGREEMENT WITH CUPERTINO Page 7 of 26 FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM division of the charitable organization. A Nonprofit Charitable Reuser is further defined as an organization that reuses and recycles donated material and receives more than 50% of its revenues from the handling and sale of those donated goods or materials. In order to qualify as a Nonprofit Charitable Reuser, the business must submit to the County Executive a request to be so designated. The County Executive shall review the request and supporting documentation and shall make a final decision on the designation. COUNTY will accept abandoned HHW from Nonprofit Charitable Reusers and will waive disposal fees on the cost of disposal of the abandoned HHW in an annual amount not to exceed funds available from the existing unexpended abandoned waste fund. Funding for disposal available to Nonprofit Charitable Reuser shall be on a first come first serve basis. Once the cost for disposal of the abandoned HHW from Nonprofit Charitable Reusers is equal to the available funds, disposal fees shall no longer be waived, and Nonprofit Charitable Reusers shall be charged for disposal of abandoned HHW according to the CoHHW Program's published rates for CESQGs. No additional costs shall be applied to the budget of a participating jurisdiction. 14. HOUSEHOLD HAZARDOUS WASTES ACCEPTED HHW accepted by the CoHHW Program shall be limited to materials as defined in Health and Safety Code Section 25218, as amended from time to time, and include, but are not limited to, automotive fluids, automotive and other types of batteries, latex and oil paint, oil filters, garden chemicals, household cleaners, pool chemicals, mercury thermostats, fluorescent lamps containing mercury, household batteries, e-waste and other common hazardous consumer products. 15. WASTES NOT ACCEPTED Certain hazardous wastes shall not be accepted for collection and disposal. These include, but are not limited to, compressed gas cylinders larger than 5 gallons, radioactive materials, and explosives. Other wastes not accepted by the CoHHW Program are wastes generated as part of operating a business, including a home operated business, except that waste from CESQGs as provided for in Section 12 of this Agreement shall be accepted. 16. ADDITIONAL SERVICES UNDER THIS AGREEMENT CITY may elect to augment funding provided for in this Agreement with CITY funds. Additional services shall be made available upon written agreement between the CITY's authorized representative and the County Executive. Additional services may include, but are not limited to, additional appointments (charged at the Variable Cost Per Car rate), door-to-door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection. DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 99 AGREEMENT WITH CUPERTINO Page 8 of 26 FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM CITY agrees to augment up to an additional $_________ to the Countywide HHW Program during Fiscal Year 2019 for the purpose of attaining or increasing resident participation above the 4% service level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to pay for the above agreed additional augmentation amount. At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement. 17. INFORMATION AND APPOINTMENT LINE COUNTY will operate a telephone information and appointment desk Monday through Friday, from the hours of 9:00 a.m. to 5:00 p.m. The information service will register residents for the Temporary HHW Events and the collections at CoHHWCF. The information service will provide information about hazardous household materials. CITY will be notified immediately if resident participation approaches a level of service that may not be supported by available funding. 18. SCHEDULING AND SITE SELECTION COUNTY shall work with CITY to determine the date(s) of Temporary Events and collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and securing sites for Temporary HHW Events. It is recognized that some of the jurisdictions participating in the CoHHW Program may not have appropriate sites available. A proposed HHW schedule for Fiscal Year 2019 of Temporary Events and collections at CoHHWCF is included as Attachment C. COUNTY will schedule an adequate number of collection days to serve the 4% level of service. The COUNTY determines the adequate number of collection days by tracking attendance at each event. 19. OUTSIDE FUNDING During the term of this agreement, COUNTY may seek outside funding sources to begin services that would supplement existing services such as permanent collection sites, equipment, retail take-back collection and operational funding. If funding is obtained, the Program will, at COUNTY's discretion, proceed with development of additional programs without affecting CITY’s available funding allocation. DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 100 AGREEMENT WITH CUPERTINO Page 9 of 26 FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 20. REGIONAL GRANT AND OIL PAYMENT PROGRAM PARTICIPATION The CoHHW Program is hereby given permission by all participating jurisdictions to apply for future grants and the Oil Payment Program, from the California Department of Resources Recycling and Recovery (CalRecycle). The CoHHW Program will act on behalf of all participating jurisdictions, as the lead applicant and administrator. The CoHHW Program will oversee how the moneys are used and work in cooperation with CITY as to how the funds will be spent. Nothing in this section shall preclude a participating jurisdiction from applying for grant funds in any case where the CoHHW Program does not apply. 21. EMERGENCY SERVICES Participating jurisdictions, at their option, may desire to provide residents with convenient emergency opportunities to safely dispose of their HHW in the event of a disaster. The purpose of this emergency planning for HHW is to minimize potential public health and safety impacts, as well as to minimize costs and confusion. Attachment D sets out CITY and COUNTY responsibilities for the collection of household hazardous wastes in response to an emergency. CITY shall make good faith efforts to provide the public with information related to the problems associated with HHW. Upon the decision to hold an emergency collection event, it is CITY’s responsibility to make a good faith effort to prepare and disseminate the necessary outreach to notify the public of an emergency collection event. An emergency collection event shall be initiated by a written request from CITY to COUNTY. Emergency collection events can be scheduled in as little as ten (10) working days of CITY’s written request or at an agreed upon date thereafter. The emergency collection plan is set out in Attachment D, County Household Hazardous Waste Emergency Collection Plan. COUNTY agrees to conduct the Emergency Collection Event at a mutually agreeable site and time. The COUNTY will obtain the necessary permit from the State Department of Toxic Substances Control and will handle wastes in accordance with State law. COUNTY will bill CITY for all Emergency Collection Events on a cost recovery basis and all payments shall be due COUNTY within thirty days following the receipt of the invoice. 22. PRIVATE SPONSORED EVENTS COUNTY may also secure funding from corporations or agencies to conduct HHW Collection Events for corporate employees and residents of participating jurisdictions and to pay for special programs such as Universal Waste collection at retail locations. The transportation, treatment and disposal liability for nonresident employee participation in these events shall be shared by all participating jurisdictions and the DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 101 AGREEMENT WITH CUPERTINO Page 10 of 26 FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM COUNTY, as described in Section 26 of this Agreement. Summary information concerning these corporate sponsored events, if any, will be included in the CoHHW Program's annual report to the participating jurisdictions. 23. INSURANCE REQUIREMENTS Contractors who provide hazardous waste transportation, treatment, or disposal services shall have the required insurance as outlined in Attachment E, Exhibit B-2D (revised) Insurance Requirements for Environmental Services Contract. Other contractors shall have insurance in amounts to be determined by COUNTY Insurance Manager, after consultation with CITY. COUNTY shall obtain insurance certificates from each of the contractors prior to the contractor providing service to the program naming the COUNTY as an additional insured. 24. WASTE TRACKING AND REPORTING COUNTY will provide a mid-year report to CITY regarding participation rates from each participating jurisdiction by March 15, 2019. Mid-year and year end reports will outline the types and quantities of waste collected, the amount of waste diverted for reuse or recycling and the waste management method for each waste stream and associated costs for services. COUNTY will prepare a report summarizing program activities which will be delivered to the participating jurisdictions no later than six months after the end of COUNTY’s fiscal year. It will be assumed for cost and reporting purposes that each participating jurisdiction is contributing to the waste stream in proportion to the number of its residents who directly participate. COUNTY shall take steps to assure that the bi-annual statements to jurisdictions reflect the funds necessary to cover costs for CITY participation in services scheduled during the next quarter. 25. PARTICIPATION REPORTING COUNTY shall employ means necessary to verify the place of residence of all participants in the CoHHW Program. 26. HOLD HARMLESS AND INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 102 AGREEMENT WITH CUPERTINO Page 11 of 26 FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement. Additionally, CITY shall indemnify COUNTY for CITY's apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction’s pro rata proportion of household participation in the Program. Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction’s pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 23 above. CITY shall further indemnify COUNTY for CITY's apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the COUNTY as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing CITY's apportioned share of any liability for the household hazardous waste. COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify COUNTY for their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY's apportioned share of any liability for household hazardous waste. DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 103 AGREEMENT WITH CUPERTINO Page 12 of 26 FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 27. TERMINATION This Agreement may be terminated by either the COUNTY or CITY upon thirty (30) days written notice given by the terminating party. 28. TERM OF AGREEMENT The term of this Agreement shall be from July 1, 2018 to June 30, 2021, or until all revenue from the last quarter's Fee payments has been distributed, whichever is later. 29. INDEPENDENT CONTRACTOR Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties. 30. EXECUTION BY COUNTERPART This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed an original and all of which shall together constitute one and the same instrument. 31. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 32. ENTIRE AGREEMENT This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parties or their assigned designates. 33. NOTICES All notices and communications herein required shall be in writing to the other party as follows, unless expressly changed in writing: CITY of ______________ City Representative ______________________ Representative's Title ______________________ City Address ______________________ ______________________ ______________________ DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 104 AGREEMENT WITH CUPERTINO Page 13 of 26 FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM Santa Clara County Director Consumer and Environmental Protection Agency 1553 Berger Drive San Jose, CA 95112 34. CONTRACT EXECUTION Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County. Attachments: A Projected Fiscal Years 2019, 2020, and 2021 AB939 HHW Fee Funding Allocation by Jurisdiction B Estimated HHW Program Fixed Costs for Fiscal Years 2019, 2020, and 2021 C HHW Schedule of Collection Events for Fiscal Year 2019 D Household Hazardous Waste Emergency Collection Plan E Exhibit B-2D (revised) Insurance Requirements for Environmental Services Contracts // // // // // // // // // DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 105 AGREEMENT WITH CUPERTINO Page 14 of 26 FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM on the dates as stated below: “COUNTY” ___________________________ S. Joseph Simitian, President Board of Supervisors Date:_______________ ATTEST: _______________________________________ MEGAN DOYLE Date Clerk of the Board of Supervisors APPROVED AS TO FORM AND LEGALITY: _________________________________ Javier Serrano Date Deputy County Counsel “CITY” CITY/TOWN OF ____________________________, A municipal corporation By: Title: Date: DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 4/23/2018 106 AGREEMENT WITH CUPERTINO Page 15 of 26 FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM Attachment A: Projected Fiscal Years 2019-2021 Annual HHW Fee Funding Allocation by Jurisdiction Cities No of Households 4% of Households Disposal Tonnage AB939 HHW Fee $2.60 per Ton Fixed Cost $2.99 per HH SJ Facility $6.83 Surcharge Variable Cost $62 per Car Abandoned Waste Disposal Cost $.05 per Household Discretionary Fund Estimated Augmentation Anticipated Participation Anticipated Participation at SJ Facility Campbell 17,832 713.28 38,979.51 $ 101,346.73 $ 53,317.68 $ 6 ,718.88 $ 44,223.36 $ 891.60 $ (3,804.80) $ 26,104.34 1,073 984 Cupertino 21,064 842.56 44,875.46 $ 116,676.20 $ 62,981.36 $ 3 06.12 $ 3,720.00 $ 1,053.20 $ 48,615.52 $ - 60 45 Gilroy 16,258 650.32 49,766.41 $ 129,392.67 $ 48,611.42 $ 1 ,075.34 $ 40,319.84 $ 812.90 $ 38,573.17 $ 15,294.16 897 158 Los Altos 11,660 466.40 18,006.34 $ 46,816.48 $ 34,863.40 $ 4 ,937.12 $ 28,916.80 $ 583.00 $ (22,483.84) $ 70,143.24 1,235 723 Los Altos Hills 3,108 124.32 3,164.89 $ 8,228.71 $ 9,292.92 $ 8 71.26 $ 7,707.84 $ 155.40 $ (9,798.70) $ 15,780.46 221 128 Los Gatos 13,289 531.56 25,570.37 $ 66,482.96 $ 39,734.11 $ 7 ,974.75 $ 32,956.72 $ 664.45 $ (14,847.07) $ 57,896.15 1,226 1,168 Milpitas 21,532 861.28 74,523.39 $ 193,760.81 $ 64,380.68 $ 3 ,987.38 $ 53,399.36 $ 1,076.60 $ 70,916.80 $ 5,351.84 948 584 Monte Sereno 1,311 52.44 1,207.90 $ 3,140.54 $ 3,919.89 $ 9 57.60 $ 3,251.28 $ 65.55 $ (5,053.78) $ 11,285.40 153 140 Morgan Hill 14,415 576.60 51,502.27 $ 133,905.90 $ 43,100.85 $ 1 ,875.95 $ 35,749.20 $ 720.75 $ 52,459.15 $ 54,659.20 1,458 275 Mountain View 35,595 1,423.80 54,389.71 $ 141,413.25 $ 106,429.05 $ 5 ,572.91 $ 88,275.60 $ 1,779.75 $ (60,644.06) $ 73,899.66 1,638 817 Palo Alto 29,124 0.00 43,478.06 $ 113,042.96 $ 1,456.20 $ 111,586.76 San Jose 332,574 13,302.96 683,263.56 $ 1,776,485.26 $ 994,396.26 $ 1 16,026.35 $ 824,783.52 $ 16,628.70 $ (175,349.57) $ 436,037.25 17,508 16,999 Santa Clara 46,535 1,861.40 166,527.00 $ 432,970.20 $ 139,139.65 $ 1 0,062.63 $ 115,406.80 $ 2,326.75 $ 166,034.37 $ 82,450.70 3,191 1,474 Saratoga 11,226 449.04 19,744.70 $ 51,336.22 $ 33,565.74 $ 5 ,439.47 $ 27,840.48 $ 561.30 $ (16,070.77) $ 42,275.69 872 797 Sunnyvale 58,308 2,332.32 110,483.61 $ 287,257.39 $ 174,340.92 $ 6 ,687.49 $ 144,603.84 $ 2,915.40 $ (41,290.26) $ 63,029.32 2,683 980 Unincorporated 18,538 741.52 42,334.16 $ 110,068.82 $ 55,428.62 $ 2 ,417.54 $ 45,974.24 $ 926.90 $ 5,321.51 $ 29.76 742 354 Total 652,369 24,929.80 1,427,817.34 $ 3,712,325.08 $ 1,863,502.55 $ 174,910.78 $ 1,497,128.88 $ 32,618.45 $ 144,164.42 $ 954,237.18 33,904 25,627 Notes: No of HH based on 1/1/17 estimates. Disposal tonnage is based on FY2016-2017 actual. Anticipated participation and anticipated participation at SJ facility are based on 15% increase from FY2016-2017 actual participation. DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 107 AGREEMENT WITH CUPERTINO Page 16 of 26 FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM Attachment B: Estimated Annual HHW Program Fixed Costs for Fiscal Years 2019, 2020, and 2021 FIXED COST Staff Salary and Benefits .5 HMPM,Sr. HMS, 3 HMTs, Acct II, Sr MA, AMA, .8 OSIII, $1,210,647 County Admin Overhead $242,129 County Counsel $13,000 Phones and Communications $10,100 Facilities Lease Costs San Jose $174,911 Vehicle Costs $32,500 Office Supplies and postage $1,825 Maintenance, Software $27,000 HHW Hotline $38,500 Garbage & Utilities $34,750 Membership & Dues $10,000 Training & Conference $4,600 Safety Wear $11,000 Printing $5,800 Other Services & Supplies $46,500 ESTIMATED ANNUAL TOTAL $1,863,262 DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 108 AGREEMENT WITH CUPERTINO Page 17 of 26 FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY COLLECTION EVENTS FOR FISCAL YEAR 2018-2019* 2018/Month Day Date Location Type of Event County Holidays/ Notes July Fri,Sat 6,7 San Martin Permanent Thurs,Fri,Sat 5,6,7 San Jose Permanent Thurs,Fri,Sat 12,13,14 San Jose Permanent Thurs,Fri,Sat 19,20,21 San Jose Permanent Saturday 21 Sunnyvale Temporary Thurs,Fri,Sat 26,27,28 San Jose Permanent August Fri,Sat 3,4 San Martin Permanent Thurs,Fri,Sat 2,3,4 San Jose Permanent Thurs,Fri,Sat 9,10,11 San Jose Permanent Saturday 11 Mountain View Temporary Thurs,Fri,Sat 16,17,18 San Jose Permanent Thurs,Fri,Sat 23,24,25 San Jose Permanent September Thurs,Fri,Sat 30,31,1 No Event No Event LABOR DAY WEEKEND Fri,Sat 7,8 San Martin Permanent Thurs,Fri,Sat 6,7,8 San Jose Permanent Thurs,Fri,Sat 13,14,15 San Jose Permanent Thurs,Fri,Sat 20,21,22 San Jose Permanent Thurs,Fri,Sat 27,28,29 San Jose Permanent Saturday 29 Santa Clara Temporary October Fri,Sat 5,6 San Martin Permanent Saturday 4,5,6 San Jose Permanent Thurs,Fri,Sat 11,12,13 San Jose Permanent Thurs,Fri,Sat 18,19,20 San Jose Permanent Saturday 20 Sunnyvale Temporary Thurs,Fri,Sat 25,26,27 San Jose Permanent November Fri,Sat 2,3 San Martin Permanent Thurs,Fri,Sat 1,2,3 San Jose Permanent Thurs,Fri,Sat 8,9,10 San Jose Permanent Thurs,Fri,Sat 15,16,17 San Jose Permanent Thurs,Fri,Sat 22,23,24 No Event No Event THANKSGIVING December Fri,Sat 30,1 San Martin Permanent Thurs,Fri,Sat 29,30,1 San Jose Permanent Thurs,Fri,Sat 6,7,8 San Jose Permanent Thurs,Fri,Sat 13,14,15 San Jose Permanent Thurs,Fri,Sat 20,21,22 San Jose Permanent Thurs,Fri,Sat 27,28,29 No Event No Event DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 109 AGREEMENT WITH CUPERTINO Page 18 of 26 FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY COLLECTION EVENTS FOR FISCAL YEAR 2018-2019 (Continued) 2019/Month Day Date Location Type of Event County Holidays/ Notes January Fri,Sat 4,5 San Martin Permanent Thurs,Fri,Sat 3,4,5 San Jose Permanent Thurs,Fri,Sat 10,11,12 San Jose San Jose Thurs,Fri,Sat 17,18,19 San Jose San Jose Saturday 19 Sunnyvale Temporary Thurs,Fri,Sat 24,25,26 San Jose Permanent February Fri,Sat 1,2 San Martin Permanent Thurs,Fri,Sat 31,1,2 San Jose Permanent Thurs,Fri,Sat 7,8,9 San Jose Permanent Thurs,Fri,Sat 14,15,16 San Jose Permanent Thurs,Fri,Sat 21,22,23 San Jose Permanent March Fri,Sat 1,2 San Martin Permanent Thurs,Fri,Sat 28,1,2 San Jose Permanent Thurs,Fri,Sat 7,8,9 San Jose Permanent Thurs,Fri,Sat 14,15,16 San Jose Permanent Thurs,Fri,Sat 21,22,23 San Jose Permanent Thurs 28 San Jose Permanent Fri & Sat 29 & 30 No Event No Event Caser Chavez Day April Fri,Sat 5,6 San Martin Permanent Thurs,Fri,Sat 4,5,6 San Jose Permanent Thurs,Fri,Sat 11,12,13 San Jose Permanent Saturday TBD Los Altos Temporary Thurs,Fri,Sat 18,19,20 San Jose Permanent Saturday 20 Sunnyvale Temporary Thurs,Fri,Sat 25,26,27 San Jose Permanent Saturday 27 Santa Clara Temporary May Fri,Sat 3,4 San Martin Permanent Thurs,Fri,Sat 2,3,4 San Jose Permanent Thurs,Fri,Sat 9,10,11 San Jose Permanent Thurs,Fri,Sat 16,17,18 San Jose Permanent Thurs,Fri 23,24 San Jose Permanent Saturday 27 No Event No Event MEMORIAL DAY WEEKEND June Fri,Sat 31,1 San Martin Permanent Thurs,Fri,Sat 30,31,1 San Jose Permanent Thurs,Fri,Sat 6,7,8 San Jose Permanent Thurs,Fri,Sat 13,14,15 San Jose Permanent Thurs,Fri,Sat 20,21,22 San Jose Permanent Saturday 22 Milpitas Temporary Thurs,Fri,Sat 27,28,29 San Jose Permanent *SUBJECT TO CHANGE 11/16/2017 DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 110 AGREEMENT WITH CUPERTINO Page 19 of 26 FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM ATTACHMENT D: COUNTY HOUSEHOLD HAZARDOUS WASTE EMERGENCY COLLECTION PLAN 1. Purpose The purpose of the Household Hazardous Waste Emergency Collection Plan is to minimize potential public health and safety impacts, as well as to minimize costs and confusion during an emergency or disaster. This Attachment describes the services the County can provide and the responsibilities of each party for the collection of household hazardous wastes (HHW) in response to an emergency as defined by the local jurisdiction. Jurisdictions should contact local emergency agencies, the Governor's Office of Emergency Services (OES), and the Department of Toxic Substances Control (DTSC) for more specific information on hazardous materials emergency response. 2. Timing of HHW While it is important to have special collection opportunities for disaster-related HHW as soon as possible to avoid illegal disposal or harm to people and/or the environment, having an event or service too soon after a disaster may result in low participation. Sufficient public notification, assessment and monitoring of the disaster, and cleanup process by the designated City HHW Coordinator(s) is essential. 3. Public Information/Notification Cities should be prepared to provide the public with information related to the problems associated with HHW along with information about special collection events and services. Upon the decision to hold an emergency collection event, it is the City’s responsibility to prepare and deliver the necessary public outreach to notify the public of an upcoming event. A City’s public outreach program should evaluate all forms of media including: newspaper ads, posters, flyers, press releases, banners, door-to-door notices, roadside signs, signs on dumpsters, radio public service announcements, social media outlets and television public access stations. Be aware of communities where multiple language outreach efforts will be necessary. 4. State HHW Collection Permits The State Department of Toxic Substances Control (DTSC) is responsible for issuing the necessary state permits for HHW collection facilities. During an emergency, the County will obtain the necessary emergency permit for special collection of household hazardous waste from DTSC through their expedited approval process. 5. Collection Events Temporary collection events can be set-up at various sites including parking lots, city maintenance yards, within neighborhoods needing service, and at landfills or a DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 111 AGREEMENT WITH CUPERTINO Page 20 of 26 FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM centralized location to service larger segments of the population. Waste collected will be transported with a transportation vehicle provided by the HHW Program. In addition, events can be scheduled at the two existing Countywide Household Hazardous Waste Collection Facilities (CoHHWCF). The following options are available to each participating City. • Neighborhood Drop-off Events: The County is able to provide localized service to specific areas in need of household hazardous waste collection services. The County will work with City Solid Waste Coordinators to conduct coordinated efforts to residents in the affected area. After a specific event, waste will be transported by County staff or a hazardous waste contractor to an appropriate facility. • Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event (Events) at various sites located in Santa Clara County throughout the year. Events will be expanded to give priority to disaster victims when requested by the City. The County shall obtain all necessary permits and licenses required for the events and shall provide and/or contract for the services of properly trained personnel and hazardous waste haulers. The County shall also provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at events. • CoHHWCF: The County operates two permitted HHW collection facilities for the collection and storage of HHW. The County shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected at the CoHHWCF. The CoHHWCF are located at: • San Martin, 13055 Murphy Ave, San Martin • San Jose, 1608 Las Plumas, San Jose 6. Costs, Documentation, and Reimbursements Cities will be billed on a cost recovery basis. Costs of emergency events will be tracked and billed separately. Emergency funding applications pending from the State or Federal government for reimbursements in no way relieves the City of responsibility to make timely payment to the County in accordance with the terms of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. The County agrees to provide the City with a detailed accounting of services provided for an emergency collection. Documentation will track the time and materials of staff, outside contractor expenses, and quantities and types of waste collected to demonstrate that the wastes were generated above and beyond existing collection programs. DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 112 AGREEMENT WITH CUPERTINO Page 21 of 26 FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM Services to businesses will be provided on a cost recovery basis and according to Section 12 of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM, which includes program administration, on-site collection, transportation, and disposal costs. The County will assume responsibility for collecting fees from participating businesses. 7. State and Federal Assistance and Funds It is the city’s responsibility to pursue reimbursement from State or Federal agencies. State Office of Emergency Services (OES) The OES is responsible for requesting assistance on behalf of local jurisdictions for resources beyond the capability of the jurisdiction. State assistance may include assistance available from State, Federal, or private sources. If a local jurisdiction is declared a state disaster area, and the local jurisdiction deems that the needs of the disaster response are beyond its capabilities, then the local jurisdiction can request assistance and reimbursement of costs from OES. Follow Standardized Emergency Management System (SEMS) All requests and emergency responses must be in accordance with the SEMS. The State Department of Toxic Substances Control may have funding available for hazardous waste response and collection. Federal Assistance If a state disaster area is declared a federal disaster, then federal funding assistance may be available through the State OES. Funding and assistance may be available from Federal agencies such as FEMA and the U.S. EPA. Damage estimates: The city should provide to the State OES estimates of damages and a "scope of work requested." It is recommended that the local HHW coordinator meet ahead of time with local emergency agencies or State OES contacts regarding the proper procedures and wording of requests for assistance. Funding Process: The funding process may vary depending on the unique circumstances of the disaster. The process can either be the traditional FEMA reimbursement process, or by direct assistance from EPA. REFERENCES California Integrated Waste Management Board, Integrated Waste Management Disaster Plan: Guidance for local government on disaster debris management, January 1997. DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 113 EXHIBIT B-2D (revised) Rev. 09/2016 INSURANCE REQUIREMENTS FOR ENVIRONMENTAL SERVICES CONTRACTS (Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.) Indemnity The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor contests its obligation to indemnify, defend and/or hold harmless the County under this Agreement and does not prevail in that contest. Insurance Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions: A. Evidence of Coverage Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request. This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor. B. Qualifying Insurers All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager. ATTACHMENT E AGREEMENT FOR COUNTYWIDE Page 22 of 26 HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 114 EXHIBIT B-2D (revised) Rev. 09/2016 C.Notice of Cancellation All coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent. D. Insurance Required 1.Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows: a. Each occurrence -$1,000,000 b. General aggregate -$2,000,000 c. Products/Completed Operations aggregate - $2,000,000 d. Personal Injury -$1,000,000 2.General liability coverage shall include: a.Premises and Operations b.Products/Completed c.Personal Injury liability d.Severability of interest 3.General liability coverage shall include the following endorsement, a copy of which shall be provided to the County: Additional Insured Endorsement, which shall read: “County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insureds.” Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. Public Entities may also be added to the AGREEMENT FOR COUNTYWIDE Page 23 of 26 HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 115 EXHIBIT B-2D (revised) Rev. 09/2016 additional insured endorsement as applicable and the contractor shall be notified by the contracting department of these requirements. 4.Automobile Liability Insurance For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. Coverage shall include Environmental Impairment Liability Endorsement MCS90 for contracts requiring the transportation of hazardous materials/wastes. 4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents or subcontractors will operate aircraft or watercraft in the scope of the Agreement) For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired aircraft/watercraft. 5.Workers' Compensation and Employer's Liability Insurance a.Statutory California Workers' Compensation coverage including broad form all-states coverage. b.Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence. 6.Contractors Pollution Liability Insurance Coverage shall provide a minimum of not less than five million dollars ($5,000,000) per occurrence and aggregate for bodily injury, personal injury, property damage and cleanup costs both on and offsite. 7.Professional Errors and Omissions Liability Insurance (required for contractors providing professional services, such as through a professional engineer, registered geologist, etc.) a.Coverage shall be in an amount of not less than one million dollars ($1,000,000) per occurrence/aggregate. b.If coverage contains a deductible or self-retention, it shall not be greater than fifty thousand dollars ($50,000) per occurrence/event. AGREEMENT FOR COUNTYWIDE Page 24 of 26 HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 116 EXHIBIT B-2D (revised) Rev. 09/2016 c.Coverage as required herein shall be maintained for a minimum of two years following termination or completion of this Agreement. 8.Claims Made Coverage If coverage is written on a claims made basis, the Certificate of Insurance shall clearly state so. In addition to coverage requirements above, such policy shall provide that: a.Policy retroactive date coincides with or precedes the Consultant's start of work (including subsequent policies purchased as renewals or replacements). b.Policy allows for reporting of circumstances or incidents that might give rise to future claims. E. Special Provisions The following provisions shall apply to this Agreement: 1.The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to the provisions concerning indemnification. 2.The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Contractor. However, this shall not in any way limit liabilities assumed by the Contractor under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self-insurance retentions. 3.Should any of the work under this Agreement be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its own policies. 4.The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above. F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments) Before receiving compensation under this Agreement, Contractor will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or AGREEMENT FOR COUNTYWIDE Page 25 of 26 HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 117 EXHIBIT B-2D (revised) Rev. 09/2016 countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Contractor will notify County immediately, and County may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County. AGREEMENT FOR COUNTYWIDE Page 26 of 26HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM DocuSign Envelope ID: 8756867A-36A3-4138-8A1A-839BFCD03F08 118 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3632 Name: Status:Type:Public Hearings Agenda Ready File created:In control:2/5/2018 City Council On agenda:Final action:5/1/2018 Title:Subject: Vacate an Easement for Drainage and Incidental Purposes, at 22445 and 22449 Cupertino Road Sponsors: Indexes: Code sections: Attachments:Staff report A - Draft Resolution B - Vacation of Drainage Easement Exhibit C - Grant of Drainage Easement Exhibit Action ByDate Action ResultVer. City Council5/1/2018 1 Subject: Vacate an Easement for Drainage and Incidental Purposes, at 22445 and 22449 Cupertino Road Conduct a public hearing and adopt Resolution No. 18-043 to vacate an Easement for Drainage and Incidental Purposes, at 22445 and 22449 Cupertino Road CITY OF CUPERTINO Printed on 4/25/2018Page 1 of 1 powered by Legistar™119 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: May 1, 2018 Subject Vacate an Easement for Drainage and Incidental Purposes, at 22445 and 22449 Cupertino Road. Recommended Action Conduct a public hearing and adopt Resolution No. 18-XXX, “A Resolution of the City Council of the City of Cupertino declaring its intention to order vacation of an easement for storm drainage and incidental purposes as provided in section 8320 et seq. of the streets and highways code of the state of California, fixing time and place for public hearing and providing for notice thereof”, to vacate an Easement for Drainage and Incidental Purposes, at 22445 and 22449 Cupertino Road. Discussion The Sunny View Retirement Community property, located at 22445 and 22449 Cupertino Road, is situated within a small watershed basin between Hillcrest Road and Foothill Blvd. Existing public drainage facilities are located along the trough of this basin and convey water from the Sunny View Retirement Community property , as well as from Cupertino Road, through the site. These drainage facilities were sized to meet the City’s standards for storm water conveyance at the time. However, underground drainage facilities are typically designed to accommodate storms of limited intensity and duration, which results in the need to provide facilities that allow storm water to flow overland in storm events that surpass the underground system’s capacity. Due to modifications that have been made onsite, including ADA compliance improvements, the ability of the site to convey storm drainage that exceeds the underground pipe systems capacity has been hindered. This has resulted in some of the onsite structures having experienced flood damage in recent large rain events. The City has made improvements to increase its underground storm drainage conveyance capacities in the area in order to further minimize occurrences of overland flow, but it is also essential for overland flow capabilities to be addressed onsite. 120 Therefore, Sunny View Retirement Community has submitted an application to improve onsite drainage facilities in order to reduce the potential for onsite flooding of their buildings. The improvement plans have been reviewed and approved by the City. These proposed improvements extend beyond the limits of the current storm drainage easement. Instead of recording a second easement that adds these areas which extend beyond the limits of the existing easement, both the owner and City staff believe it is more efficient and transparent to vacate the existing easement and to grant a new easement that incorporates both the existing and proposed storm drainage facilities. The California Streets and Highways Code requires a two-step process for vacation of a public easement. On April 3rd, 2018, the City Council conducted the first step by adopting a resolution declaring the intention to vacate an Easement for Drainage and Incidental Purposes, at 22445 and 22449 Cupertino Road and setting this public hearing for May1, 2018. Now, City Council must conduct the second step which is to hold the public hearing and adopt a resolution for the vacation. The City intends to record the easement vacation and the new grant of drainage easement in subsequent order to ensure ongoing drainage rights to the public (Please refer to Attachments A and B – Vacation of Drainage Easement Exhibit and Grant of Drainage Easement Exhibit). Fiscal Impact No fiscal impact incurred for the notice of intent to vacate. Sustainability Impact None. ___________________________________ Prepared by: Chad Mosley, City Engineer Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A – Draft Resolution B – Vacation of Drainage Easement Exhibit C – Grant of Drainage Easement Exhibit (by separate document) 121 RESOLUTION NO. 18-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING THE VACATION OF AN EASEMENT FOR STORM DRAINAGE AND INCIDENTAL PURPOSES AS PROVIDED IN SECTION 8320 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA WHEREAS, an Easement for Storm Drainage and Incidental Purposes at 22445 and 22449 Cupertino Road and more particularly described in legal description and map attached hereto and made part hereof as Exhibits “A” and “B”, is to be vacated; and WHEREAS, the City Council did, on the 3rd of April 2018, adopt a resolution of intention to vacate the aforementioned easement, and the City Clerk has posted signs and published notice declaring said intention, and the date, time, and place of a public hearing to consider said intention, pursuant to the provisions of Section 8320 et seq. of the California Streets and Highways Code; and WHEREAS, a new Drainage Easement is proposed to be granted to supersede the existing Easement for Storm Drainage and Incidental Purposes; and WHEREAS, pursuant to Section 8324 of the California Streets and Highways Code, the City Council finds, from all the evidence submitted, that the public drainage easement described in the notice of hearing is unnecessary for present or pro spective purposes after conditions have been satisfied; and WHEREAS, it is deemed to be in the public interests that the City Council elects to proceed to order said vacation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby vacates the aforesaid Easement for Storm Drainage and Incidental Purposes, as shown and described on the attached map and description, pursuant to the provisions of Section 8320 et seq. of the California Streets and Highways Code. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Cupertino that the City Clerk is hereby authorized, upon notification from the Director or Public Works, that the new Drainage Easement has been prepared, approved and is ready for recordation, to record the executed original Resolution in the Office of the Recorder of the County of Santa Clara. ATTACHMENT A 122 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of May, 2018, by the following vote: Vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Grace Schmidt, City Clerk Darcy Paul, Mayor, City of Cupertino 123 CITY OF CUPERTINO EXISTING DRAINAGE EASEMENT TO BE VACATED (LEGAL DESCRIPTION) EXHIBIT 'A' AN EASEMENT FOR STORM DRAINAGE PURPOSES OVER A STRIP OF LAND 10.00 FEET IN WIDTH, TOGETHER WITH AN EASEMENT FOR CONSTRUCTION PURPOSES OVER A STRIP OF LAND 5.00 FEET IN WIDTH, LYING IMMEDIATELY ADJACENT TO THE EASTERLY BOUNDARY OF THE STORM DRAINAGE EASEMENT, THE WESTERLY LINE OF WHICH 10.00 FOOT EASEMENT IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF SAN JOSE-STEVENS CREEK ROAD, DISTANT THEREON SOUTH 89° 53' EAST 285.39 FEET FROM AN IRON PIPE IN A MONUMENT BOX AT THE INTERSECTION THEREOF WITH THE ORIGINAL CENTERLINE OF MOUNTAIN VIEW-STEVENS CREEK ROAD, SAID POINT BEING THE SOUTHWESTERLY CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED IN THE DEED FROM WESTERN TITLE GUARANTY COMPANY, SANTA CLARA COUNTY DIVISION, A CORPORATION, TO SOLHEIM LUTHERAN HOME, A CORPORATION, DATED MARCH 21, 1958, RECORDED APRIL 17, 1958 IN BOOK 4054 OFFICIAL RECORDS, PAGE 497, SANTA CLARA COUNTY RECORDS; THENCE FROM SAID POINT OF BEGINNING NORTH 5° 02' WEST ALONG THE WESTERLY LINE OF LAND SO DESCRIBED IN THE DEED TO SAID SOLHEIM LUTHERAN HOME FOR A DISTANCE OF 30.12 FEET TO AN IRON PIPE AND THE TRUE POINT OF BEGINNING OF THE EASEMENT TO BE DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING NORTH 5° 02' WEST CONTINUING ALONG SAID WESTERLY LINE OF LAND SO DESCRIBED IN THE DEED TO SAID SOLHEIM LUTHERAN HOME FOR A DISTANCE OF 564.21 FEET TO AN IRON PIPE SET AT THE SOUTHWESTERLY CORNER OF LOT 4, AS SAID LOT IS SHOWN UPON THAT CERTAIN MAP ENTITLED, "TRACT NO. 2527 LA CRESTA", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, IN BOOK 121 OF MAPS, AT PAGE 17 AND THE TERMINUS OF SAID EASEMENT. 124 PARCEL B 5.953± AC. P.M. BK. 414, PG. 22 SUNNY VIEW LUTHERAN HOME PARCEL A 3.033± AC. P.M. BK. 414, PG. 22 (FORMERLY STEVENS CREEK ROAD) CUPERTINO ROADNORTH FOOTHILL BOULEVARD(FORMERLY MOUNTAIN VIEW STEVENS CREEK ROAD)P.M. BK. 225, PG. 8 CL CLCLEXISTING DRAINAGE EASEMENT (BK. 6041, PG. 596, RECORDED MAY 28, 1863) TO BE VACATED EXISTING DRAINAGE EASEMENT (BK. 6041, PG. 596, RECORDED MAY 28, 1863) TO BE VACATED 10.00' 5.00' EXHIBIT 'B' EXISTING DRAINAGE EASEMENT TO BE VACATED CITY OF CUPERTINO ( IN FEET ) GRAPHIC SCALE 0 200 1" = 100' 0 100100 LEGEND MAP BOOKM.B. CENTERLINE INDETERMINATE BOUNDARY LINE EASEMENT LINE PROPERTY BOUNDARY LINE CENTER LINECL PL PROPERTY LINE 125 PARCEL B 5.953± AC. P.M. BK. 414, PG. 22 SUNNY VIEW LUTHERAN HOME PARCEL A 3.033± AC. P.M. BK. 414, PG. 22 (FORMERLY STEVENS CREEK ROAD) CUPERTINO ROADNORTH FOOTHILL BOULEVARD(FORMERLY MOUNTAIN VIEW STEVENS CREEK ROAD)P.M. BK. 225, PG. 8 POINT OF BEGINNING CL CLCLPOINT OF COMMENCEMENT NORTHEASTERLY CORNER PARCEL A, P.M. BK. 414, PG. 22 POINT OF TERMINATION DRAINAGE EASEMENT ±6,075.56 S.F. 10.00' 10.00' 15.50' LINE "A" LINE "B" LINE "C"L13 L12 C1 L11 L10 L9L8 L7 L6 L5L4 L3 L2 L1 S86°10'31"W 8.53' N68°2 6' 2 2 " E 169.1 1' EXHIBIT 'B' DRAINAGE EASEMENT CITY OF CUPERTINO ( IN FEET ) GRAPHIC SCALE 0 200 1" = 100' 0 100100 NOTE: SEE EXHIBIT 'C' FOR DATA TABLES 126 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3874 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:4/9/2018 City Council On agenda:Final action:5/1/2018 Title:Subject: Regional Measure 3 Sponsors: Indexes: Code sections: Attachments:Staff Report A - RM3 Expenditure Plan B - RM3 Project Map Action ByDate Action ResultVer. City Council5/1/2018 1 Subject: Regional Measure 3 Discuss Regional Measure 3 and consider taking a position on the measure. CITY OF CUPERTINO Printed on 4/25/2018Page 1 of 1 powered by Legistar™127 CITY COUNCIL STAFF REPORT Meeting: May 1, 2018 Subject Regional Measure 3 Recommended Action Discuss Regional Measure 3 and consider taking a position on the measure. Background Regional Measure 3 (RM3) will ask voters in June to approve a bridge toll increase of up to $3 in the nine Bay Area counties. Specifically, the measure would increase the price to travel the Bay Area’s seven state-owned toll bridges from $5 to $8 by 2025, and from $6 to $9 on the Bay Bridge during commute hours. Additionally, the measure allows for automatic toll increases in the future tied to inflation. If passed, the measure is estimated to raise $4.45 billion for transportation projects in the region. There are 35 projects earmarked for funding in RM3 (see Attachment A), including eight South Bay projects totaling $985 million:  Bart to San Jose Phase 2 ($375 million)  Dumbarton Corridor Improvements ($130 million)  Eastridge to BART Regional Connector ($130 million)  San Jose Diridon Station ($100 million)  Tri-Valley Transit Access Improvements ($100 million)  Interstate 680/SR 84 Interchange Reconstruction ($85 million)  Highway 101/State Route 92 Interchange ($50 million)  Interstate 680/Interstate-880/Route 262 Freeway Connector ($15 million) The measure was placed on the ballot by the California State Legislature through SB 595, which was sponsored by Senator Jim Beall and the Metropolitan Transportation Authority. OFFICE THE CITY MANAGER CITY HALL 128 Discussion The measure’s supporters argue RM3 will generate much needed funding from for transportation infrastructure in the region that builds on improvements from past local transportation measures and adds to them by including funding to replace BART’s obsolete railcars, extend BART to San Jose and Santa Clara, ease some of the worst freeway bottlenecks in the East Bay and Peninsula, significantly expand and improve ferry service, accelerate planning for a second Transbay rail crossing and improve other critical regional rail systems like Caltrain and SMART in the No rth Bay, among others. They say the plan also calls for robust public oversight and accountability measures. The measure has the support of many Bay Area elected officials and community stakeholders, including the Cupertino Cham ber of Commerce. Opponents of RM3 argue that proposed projects do not address traffic congested areas around major job centers located in Silicon Valley. They would prefer that major employers whose employees generate traffic be required to contribute to congestion relief and believe the general public is being asked to subsidize private sector transportation costs. They are also concerned that cities in north Santa Clara County, including Cupertino, were not consulted when proposed projects were being developed. Opponents include U.S. Representative Mark DeSaulnier (Concord) who sits on the U.S. House Committee on Transportation, Santa Clara County Supervisor Joe Simitian, and Mountain View Mayor Lenny Siegel. Staff recommends that Council discuss the item and decide if the City should take an official position on RM3. Sustainability Impact To the extent that funding is used to improve and increase use of mass transit regionally, the measure will reduce carbon emissions regionally. The measure is not anticipated to have a local impact. Fiscal Impact There is no fiscal impact. _____________________________________ Prepared by: Jaqui Guzmán, Deputy City Manager Approved for Submission by: David Brandt, City Manager Attachments: A. RM3 Expenditure Plan B. RM3 Project Map 129 REGIONAL MEASURE 3 EXPENDITURE PLAN ($ in millions) All- Corridor Annual Operating Program All Corridors Transbay Terminal 5 Ferries (Funding ramps up to $35 million over five years)35 Regional Express Bus 20 Annual Operating Program Total 60$ Regional Programs BART Expansion Cars 500 Bay Area Corridor Express Lanes 300 Ferry Enhancement Program 300 Goods Movement and Mitigation 160 San Francisco Bay Trail / Safe Routes to Transit 150 Capitol Corridor 90 Next Generation Clipper Transit Fare Payment System 50 Regional Programs Subtotal (35%)1,550$ Corridor-Specific Capital Projects Central (San Francisco-Oakland Bay Bridge) Caltrain Downtown Extension 325 Muni Fleet Expansion and Facilities 140 Core Capacity Transit Improvements 140 AC Transit Rapid Bus Corridor Improvements 100 Transbay Rail Crossing 50 Interstate 80 Transit Improvements 25 Central Subtotal (27%)780$ South (San Mateo-Hayward, Dumbarton) BART to San Jose Phase 2 375 Tri-Valley Transit Access Improvements 100 Eastridge to BART Regional Connector 130 San Jose Diridon Station 100 Dumbarton Corridor Improvements 130 Highway 101/State Route 92 Interchange 50 Interstate 680/SR 84 Interchange Reconstruction 85 Interstate 680/Interstate-880/Route 262 Freeway Connector 15 South Subtotal (34%) 985$ North (Richmond-San Rafael, Benicia-Martinez, Carquinez, Antioch) Contra Costa 680/State Route 4 Interchange Improvements 210 U.S. 101 Marin-Sonoma Narrows 120 Solano County Interstate 80/Interstate 680/State Route 12 Interchange Project 150 Interstate 80/Westbound Truck Scales 105 State Route 37 Improvements 100 Sonoma-Marin Area Rail Transit District (SMART) Extension to Windsor & Healdsburg 40 San Rafael Transit Center 30 Richmond-San Rafael Bridge Access Improvements 210 North Bay Transit Access Improvements 100 SR 29 Improvements 20 East Contra Costa County Transit Intermodal Station 15 Byron Highway-Vasco Road Airport Connector 10 Vasco Road Safety Improvements 15 Interstate 680 Transit Improvements 10 North Subtotal (39%)1,135$ Corridor-Specific Capital Projects Subtotal (65%)2,900 Capital Projects Grand Total 4,450 OPERATING PROGRAM CAPITAL PROJECTS Attachment A 130 Mountain View Dublin Emeryville Los Gatos Danville San Carlos Gilroy San Pablo Belmont Colma Sebastopol Campbell Burlingame Woodside Fairfax Windsor Los Altos Hillsborough Morgan Hill Paciﬁca Atherton Mill Valley San Bruno El Cerrito American Canyon San Anselmo Clayton Calistoga Yountville Sausalito Monte Sereno Suisun City Newark Belvedere Portola Valley Larkspur Cotati Millbrae Sonoma Saratoga Orinda Oakley Lafayette Rohnert Park CorteMadera Ross Piedmont Benicia Foster City Albany Hercules Tiburon Healdsburg Pleasant Hill Moraga Dixon East Palo AltoHalf Moon Bay Rio Vista Brisbane Cloverdale MenloPark Los Altos Hills Pinole Martinez Cupertino Pittsburg San Ramon Sunnyvale Milpitas Brentwood Redwood City Livermore Palo Alto SouthSan Francisco PleasantonSan Leandro Vallejo Concord Napa SanMateo Hayward Santa Clara Union City Novato Antioch Vacaville Walnut Creek SantaRosa Berkeley Alameda SanRafael Petaluma Fremont Faireld Richmond Daly City Oakland San Francisco San Jose Marin-Sonoma Narrows I-680 Transit Improvements Tri-Valley Transit Access Improvements Caltrain Downtown Extension Eastridge to BART Regional Connector I-80/I-680/SR-12 Interchange Improvements BART to San Jose (Phase 2) San Jose Diridon Station Ferry Service Enhancement Ferry Service Enhancement Vasco Road Safety Improvements Brentwood Transit Center Byron Highway-Vasco Road Airport Connector US-101/SR-92 Interchange SR-37 Improvements SR-29 Improvements I-80 Westbound Truck Scales Amtrak Capitol Corridor Improvements Amtrak Capitol Corridor Improvements AC Transit-Rapid Bus Improvements Transbay Rail Crossing Muni Fleet Expansion and Facilities Dumbarton Corridor Improvements I-680/I-880/SR-262 Freeway Connector I-680/SR-4 Interchange Improvements San Rafael Transit Center SMART Extension to Windsor and Healdsburg Richmond - San Rafael Bridge Access Improvements I-80 Transit Improvements in Contra Costa County Ferry Service Enhancement Ferry Service Enhancement Ferry Service Enhancement Amtrak Capitol Corridor Improvements Amtrak Capitol Corridor Improvements I-680/SR-84 Interchange Reconstruction Core Capacity Transit Improvements North Bay Transit Access Improvements (Eligible in Contra Costa, Marin, Napa, Solano and Sonoma counties) 128128 1 1 116 128 12 505 237 29 113 12 37 25 152 152 101 680 82 17 85 280 35 1 82 280 280 121 128 29 12 680 80 121116 101 101 101 1 4 4 780 84 92 92 238 238 880 80 580 580 580 580 84 24 680 101 880 160 San Mateo Marin Sonoma Napa Solano Contra Costa Alameda Santa Clara Regional Measure 3 Projects Projects Not Mapped Regionwide Projects New BART Cars Next Generation Clipper Transit Fare Card Competitive Programs Corridor Express Lanes Goods Movement and Mitigation Bay Trail/Safe Routes to Transit Regional Express Bus Rail Project Bus Project Ferry Project Light Rail Project BART Project BART existing BART extension under construction Highway Project Existing Commuter Rail Existing Light Rail RM3_projects.ai | MTC Graphics.pb —2.21.2018 Miles Kilometers N 0 0 5 10 15 20 25 5 10 15 20 25 Rail Project Bus Project Ferry Project Light Rail Project BART Project BART existing BART extension under construction Highway Project Existing Commuter Rail Existing Light Rail RM3_projects.ai | MTC Graphics.pb —2.21.2018 Miles Kilometers N 0 0 5 10 15 20 25 5 10 15 20 25 Map is for illustration only, showing planned projects and does not depict a commitment of funds. Exact projects and project limits to be funded are subject to design and environmental review and approvals. 131 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3313 Name: Status:Type:Reports by Council and Staff Agenda Ready File created:In control:11/13/2017 City Council On agenda:Final action:5/1/2018 Title:Subject: Report on Committee assignments and general comments Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council5/1/2018 1 Subject: Report on Committee assignments and general comments Report on Committee assignments and general comments CITY OF CUPERTINO Printed on 4/25/2018Page 1 of 1 powered by Legistar™132 EOA, Inc. http://eoainc.com/[4/25/2018 8:00:53 PM] EOA: Environmental and Public Health Engineering © EOA, Inc. 2016 EOA is a multi-disciplinary environmental consulting frm that specializes in water quality stewardship. We combine sound science and engineering with regulatory expertise, collaborative problem-solving skills and public policy savvy to deliver cost-effective, innovative and practical solutions to today’s water quality challenges. For over 30 years we have helped a wide range of public agencies, private businesses, and other organizations in the San Francisco Bay Area and throughout California to protect, restore and enhance the water environment. 133