16-138 Amendment #6 dated 2-2-23 Valley WaterSIXTH AMENDMENT TO
COST SHARING AGREEMENT
#A4008S BETWEEN THE
SANTA CLARA VALLEY WATER DISTRICT
AND THE CITY OF CUPERTINO
FOR WATER CONSERVATION PROGRAMS
This Sixth Amendment (“Sixth Amendment”) between the Santa Clara Valley Water District (“VALLEY WATER”) and the City of
Cupertino (“CUPERTINO”) amends the Agreement No. A4008S, enacted on July 1, 2016 (the “Agreement”), between the Santa
Clara Valley Water District and the City of Cupertino, First Amendment dated May 3, 2017, Second Amendment dated June 1, 2018,
Third Amendment dated May 14, 2019, Fourth Amendment dated June 22, 2020, and Fifth Amendment dated May 25, 2021 for Water
Conservation Programs (collectively, hereinafter referred to as the “Agreement”). VALLEY WATER and CUPERTINO may
individually be referred to as the Party or collectively the Parties. This Sixth Amendment is effective once fully executed by the
Parties (“Sixth Amendment Effective Date”).
RECITALS
WHEREAS, Under the terms of the Agreement, CUPERTINO agreed to supplement VALLEY WATER’s Landscape Rebate
Program and Graywater Rebate Program rebates granted to persons residing in the City of Cupertino; and
WHEREAS, CUPERTINO and VALLEY WATER desire to extend the term of the Agreement from June 30, 2023 to the earlier of
June 30, 2024, or when funds under this Agreement are depleted, whichever occurs first; and
WHEREAS, CUPERTINO and VALLEY WATER desire that CUPERTINO increase its payment obligation under the
Agreement by $165,000, from $230,500 to $395,500.
NOW, THEREFORE, the parties agree to amend the Agreement as follows:
1. In the Agreement, Section 2. c), is amended to state as follows:
“CUPERTINO’s total cost to VALLEY WATER for the Landscape Conversion Program and Graywater Rebate Program
shall not exceed $370,500. CUPERTINO’s total cost to VALLEY WATER for the Rainwater Capture Program shall not
exceed $25,000. CUPERTINO’s total obligation to pay for the PROGRAMS is capped at a total maximum of $395,500.”
2. In the Agreement, Section 5, is amended to state as follows, “The term of the Agreement is from July 1, 2016 to June 30,
2024, or until funds are depleted, whichever occurs first. The term of the MOU may be extended by mutual consent of the
Parties. This MOU shall be contingent upon approval of program funding each fiscal year by both VALLEY WATER’S
Chief Executive Officer and by CUPERTINO.”
3. All of the terms and conditions of the Agreement, First Amendment, Second Amendment, Third Amendment, Fourth
Amendment, and Fifth Amendment not otherwise modified by this Sixth Amendment shall remain in full force and effect.
IN WITNESS THE EXECUTION HEREOF the parties agree that this Sixth Amendment shall be effective as of the Sixth
Amendment Effective Date defined above and have set forth below their consent to the terms and conditions of this Sixth Amendment
through the signatures of their duly authorized representatives .
SANTA CLARA VALLEY WATER DISTRICT
A Special District created by the California Legislature
By:
Rick L. Callender Esq.
Chief Executive Officer
Date: _____________________________________
DocuSign Envelope ID: 612CB708-6AC9-4C06-A9E6-9B401E188927
1/30/2023
DocuSign Envelope ID: B3636881-2395-4E5B-B384-06A39E4C742D
CITY OF CUPERTINO
Approved as to form:
By: By: _____________________________________
Christopher Jensen Pamela Wu
City Attorney City Manager
City of Cupertino City of Cupertino
Date: ___________________________________ Date: ___________________________________
Attest:
Kirsten Squarcia
City Clerk
Date: ___________________________________
DocuSign Envelope ID: 612CB708-6AC9-4C06-A9E6-9B401E188927DocuSign Envelope ID: B3636881-2395-4E5B-B384-06A39E4C742D
1/31/2023 2/1/2023
2/2/2023
Certificate Of Completion
Envelope Id: B363688123954E5BB38406A39E4C742D Status: Completed
Subject: Complete with DocuSign: Amend No. 6 Valley Water Cost-Share for Water Conservation Programs (A4008S)
Source Envelope:
Document Pages: 2 Signatures: 3 Envelope Originator:
Certificate Pages: 5 Initials: 0 Keila Cisneros
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
5750 Almaden Expressway
San Jose, CA 95123
KCisneros@valleywater.org
IP Address: 64.190.101.21
Record Tracking
Status: Original
1/31/2023 3:42:27 PM
Holder: Keila Cisneros
KCisneros@valleywater.org
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Valley Water Location: DocuSign
Signer Events Signature Timestamp
Christopher Jensen
christopherj@cupertino.org
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 136.24.22.194
Sent: 1/31/2023 3:58:35 PM
Resent: 1/31/2023 4:02:58 PM
Viewed: 1/31/2023 4:06:10 PM
Signed: 1/31/2023 4:06:19 PM
Electronic Record and Signature Disclosure:
Accepted: 1/31/2023 4:06:10 PM
ID: bee0a6d1-0fb6-4892-bc3e-ff9eaf061e26
Pamela Wu
pamelaw@cupertino.org
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 64.165.34.3
Sent: 1/31/2023 4:06:23 PM
Viewed: 2/1/2023 3:40:29 PM
Signed: 2/1/2023 3:40:38 PM
Electronic Record and Signature Disclosure:
Accepted: 2/1/2023 3:40:29 PM
ID: 34d3bc22-b947-4a3d-8600-82297ddbc771
Kirsten Squarcia
kirstens@cupertino.org
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 67.188.176.248
Sent: 2/1/2023 3:40:41 PM
Resent: 2/2/2023 2:37:04 PM
Viewed: 2/2/2023 2:38:59 PM
Signed: 2/2/2023 2:39:07 PM
Electronic Record and Signature Disclosure:
Accepted: 2/2/2023 2:38:59 PM
ID: eb489472-750c-40a7-b9bd-a11d857846df
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Araceli Alejandre
aracelia@cupertino.org
Security Level: Email, Account Authentication
(None)
Sent: 1/31/2023 4:02:56 PM
Viewed: 1/31/2023 4:31:17 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/31/2023 3:58:35 PM
Envelope Updated Security Checked 1/31/2023 4:02:56 PM
Envelope Updated Security Checked 1/31/2023 4:02:56 PM
Envelope Updated Security Checked 1/31/2023 4:02:56 PM
Envelope Updated Security Checked 1/31/2023 4:02:56 PM
Certified Delivered Security Checked 2/2/2023 2:38:59 PM
Signing Complete Security Checked 2/2/2023 2:39:07 PM
Completed Security Checked 2/2/2023 2:39:07 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Santa Clara Valley Water District (we, us or Company) may be required by
law to provide to you certain written notices or disclosures. Described below are the terms and
conditions for providing to you such notices and disclosures electronically through the DocuSign
system. Please read the information below carefully and thoroughly, and if you can access this
information electronically to your satisfaction and agree to this Electronic Record and Signature
Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to
use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign
system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Electronic Record and Signature Disclosure created on: 4/13/2020 12:14:06 PM
Parties agreed to: Christopher Jensen, Pamela Wu, Kirsten Squarcia
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Santa Clara Valley Water District:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by phone call: (408) 630-2360
To contact us by email send messages to: RecordsStaff@valleywater.org
To contact us by paper mail, please send correspondence to:
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95123
To advise Santa Clara Valley Water District of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at and in the body of such request
you must state: your previous email address, your new email address. Please contact the
requesting department or our main Front Desk at (408) 630-2600 to be transferred to the
appropriate department.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from Santa Clara Valley Water District
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to mcook@valleywater.org and in the
body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with Santa Clara Valley Water District
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to RecordsStaff@valleywater.org and in the body of such request you must
state your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. Please contact the requesting department or our
main Front Desk at (408) 630-2600 to be transferred to the appropriate department..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before
clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify Santa Clara Valley Water District as described above, you
consent to receive exclusively through electronic means all notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided
or made available to you by Santa Clara Valley Water District during the course of your
relationship with Santa Clara Valley Water District.