16-138 Memorandum of Understanding (MOU) between Santa Clara Valley Water District for a Landsape Conversion Rebate Program (Amendements #1-3)DocuSign Envelope ID: F2F8D4C5-7B68-4E6D-B771-2F69D9513619
Norma J. Camacho
DocuSign Envelope ID: F2F8D4C5-7B68-4E6D-B771-2F69D9513619
6/19/2020
Heather M. Minner Deborah L.Feng
Jun 22, 2020
Jun 22, 2020
THIRD AMENDMENT TO
AGREEMENT
BETWEEN THE
SANTA CLARA VALLEY WATER DISTRICT
AND THE CITY OF CUPERTINO
FOR WATER CONSERVATION LANDSCAPE CONVERSION
AND GRAYWATER LAUNDRY TO LANDSCAPE PROGRAMS
This Third Amendment("Third Amendment")between the Santa Clara Valley Water District("VALLEY WATER")and
the City of Cupertino("CUPERTINO")amends the Agreement Between the Santa Clara Valley Water District and
the City of Cupertino(A4008s)dated July 1,2016,First Amendment dated May 3,2017,and Second Amendment dated
June 1,2018 (collectively,hereinafter referred to as the"Agreement").This Third Amendment is effective as of May 14,
2019("Third Amendment Effective Date").
RECITALS
WHEREAS,Under the terms of the Agreement,CUPERTINO agreed to supplement VALLEY WATER's Landscape
Conversion 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 July 1,2019 to the
earlier of June 30,2020,or when funds committed by CUPERTINO under this Agreement are expended;
NOW,THEREFORE,the parties agree to amend the Agreement as follows:
1. In the Agreement,Section 2.b)is amended to state as follows:
"b)CUPERTINO must pay WATER DISTRICT as set forth below for each activity performed by the WATER
DISTRICT in the CUPERTINO service area:
1) For the Landscape Rebate Program,a program maximum of up to$1,000 per residential and$10,000 per
commercial site,as per the Landscape Rebate Program requirements:
a. Turf Removal rebate:up to$1.00 per each square foot of turf removed per qualified residential and
commercial rebate;
b. Rain garden rebate:match$1 per square foot of roof area for a maximum of$300 per site;
c. Rain barrel rebate: match up to$35 per rain barrel;
d. Cistern rebate:match$0.50 per gallon.
2) For the Graywater Rebate Program:
a. Up to$200 for each completed,qualifying Graywater Laundry to Landscape system installed and
eligible for a Valley Water rebate per the Graywater Rebate Program."
2. In the Agreement, Section 5,delete the first sentence in its entirety and replace it with,"The term of the
Agreement commences on July 1,2016 and expires on June 30,2020,or until funds are depleted,whichever
occurs first."
All other terms and conditions of the Agreement,First Amendment,and Second Amendment not otherwise modified by
this Third Amendment shall remain in full force and effect.
IN WITNESS THE EXECUTION HEREOF the parties agree that this Third Amendment shall be effective as of the
Third Amendment Effective Date set forth above.
SANTA CLARA VALLEY WATER DISTRICT
an independent special district created by the California Legislature
Approved as to form:
By: By:
Joseph D.Aranda Norma J. Camach
Assistant District Counsel Chief Executive fficer
CITY OF CUPERTINO
Approved as to form:
By: IJ—� . ---- By:
Y
Heather Minner Deborah Feng
City Attorney City Manager
City of Cupertino City of Cupertino
1114175.1
7-1 ��
Almaden5750 . ,5118-3614 , : www.valleywater.org Santa Clara Volley
Water District
June 27, 2018
Roger Lee
City of Cupertino
Public Works Dept.
10300 Torre Ave.
Cupertino, CA 95014
Subject: Amendment No. 2 to Agreement A4008S between the Santa Clara Valley Water
District and the City of Cupertino
Dear Mr. Lee,
Enclosed is an enacted copy of Amendment No. 2 to A4008S which was executed by the
Santa Clara Valley Water District on June 6, 2018. Please retain the enclosed copy for your
records and reference any future correspondence related to this contract with Agreement
A4008Sb.
If you have any questions regarding this Agreement, please contact Project Manager Karen
Koppett at (408) 630-2707 or kkoppett@valleywater.org.
Sin ,
eff Ham
Acting Unit Manager
Purchasing, Consultant Contracts & Warehouse Services
Enc.: Amendment A4008Sb
cc: CCS Contract File, G. Canha, K. Koppett
Our mission is to provide Silicon Valley safe,clean water for a healthy life,environment,and economy.
SCVWD ENACTED COPY
Contract Administration Unit
AGMT: 400 Sb FILE: N A
SECOND AMENDMENT TO
COST SHARING AGREEMENT
#A4008s BETWEEN THE
SANTA CLARA VALLEY WATER DISTRICT
AND THE CITY OF CUPERTINO
FOR A LANDSCAPE CONVERSION REBATE PROGRAM AND GRAYWATER LAUNDRY TO LANDSCAPE
PROGRAMS
This Second Amendment("Second Amendment")between the Santa Clara Valley Water District("WATER DISTRICT")and the
City of Cupertino("CUPERTINO")amends the July 1,2016 M��ejfnorandum of Understanding No.A4008s(hereinafter referred to as
the"Agreement").This Second Amendment is effective as of¢lL,2018("Second Amendment Effective Date").
RECITALS
WHEREAS,Under the terms of the Agreement,CUPERTINO agreed to supplement WATER DISTRICT's Landscape Conversion
Program and Graywater Rebate Program rebates granted to persons residing in the City of Cupertino;and
WHEREAS,CUPERTINO and WATER DISTRICT desire to extend the term of the Agreement from July 1,2018 to the earlier of
June 30,2019,or when funds committed by CUPERTINO under this Agreement are expended;
NOW,THEREFORE,the parties agree to amend the Agreement as follows:
1. Each reference to"Memorandum of Understanding"or"MOU"is deleted and replaced with"Agreement".
2. In the Agreement,Section 5,delete the first sentence in its entirety and replace it with,"The term of the Agreement
commences on July 1,2016 and expires on June 30,2019,or until funds are depleted,whichever occurs first."
All of the terms and conditions of the Agreement not modified by this Second Amendment shall remain in full force and effect.
IN WITNESS THE EXECUTION HEREOF the parties agree that this Second Amendment shall be effective as of the Second
Amendment Effective Date set forth above.
SANTA CLARA VALLEY WATER DISTRICT
an independent special district created by the California Legislature
Approved as to form:
By: By:
V n11---
Antho ulcher Norma J. acho
Se r Assistant District Counsel Chief Ex cutive Officer
CITY OF CUPERTINO -
Appr o form: r/
By: By:
cio Fierro David Brandt
Acti City Attorney City Manager
City of u rtino City of Cupertino
Santa Clara Valley
Almaden5750 CA 2600 . . Water District
RECEIVED
June 8, 2017
JUN 13 2017
Roger Lee PUBLIC WORKS DEPARTMENT
City of Cupertino
Public Works Dept.
10300 Torre Ave.
Cupertino, CA 95014
Subject: Amendment No. 1 to Agreement A4008S between the Santa Clara Valley Water
District and the City of Cupertino
Dear Mr. Lee,
Enclosed is an enacted copy of Amendment No. 1 to Agreement A4008S which was executed
by the Santa Clara Valley Water District on June 7, 2017. Please retain the enclosed copy for
your records and reference any future correspondence related to this contract with Agreement
A4008S.
If you have any questions regarding this Agreement, please contact Project Manager Karen
Koppett at (408) 630-2707 or kkoppett(a)valleywater.org.
Sincer I
Roderick S. n
Supervising ram Administrator
Consultant Contracts Services
Enc.: Agreement A4008S
CC: Guy Canha, Karen Koppett
Our mission is to provide Silicon Valley safe,clean water for a healthy life,environment,and economy.
BC IVIND ENACTE-0 COPY
Contract AdrouGms"T ition Unit
FIRST AMENDMENT TO
MEMORANDUM OF UNDERSTANDING
#A4008s BETWEEN THE
SANTA CLARA VALLEY WATER DISTRICT
AND THE CITY OF CUPERTINO
FOR A LANDSCAPE CONVERSION REBATE PROGRAM
This First Amendment("First Amendment")to Memorandum of Understanding A4008s("MOU")between the Santa Clara
Valley Water District("WATER DISTRICT")and the City of Cupertino("CUPERTINO"),originally entered into on or
about July 1,2016, is effective as of May 3,2017("First Amendment Effective Date").
RECITALS
WHEREAS,Under the terms of the MOU,CUPERTINO agreed to supplement WATER DISTRICT's Landscape
Conversion Program rebates granted to persons residing in the City of Cupertino("MOU"); and
WHEREAS,In addition to supplementing the WATER DISTRICT's Landscape Conversion Program rebates,
CUPERTINO also desires to supplement the WATER DISTRICT's Graywater Laundry to Landscape rebates granted to
persons residing in the City of Cupertino;and
WHEREAS,CUPERTINO and WATER DISTRICT desire to extend the term of the MOU from December 31,2017 to the
earlier of June 30,2018, or when funds committed by CUPERTINO under this MOU are expended;and
WHEREAS,CUPERTINO and WATER DISTRICT desire that CUPERTINO increase its payment obligation under the
MOU from$115,000 to$120,000.
NOW,THEREFORE,the parties agree to amend the MOU as follows:
1. Delete the title of the MOU and replace with the following title:
"Memorandum of Understanding between the Santa Clara Valley Water District and the City of
Cupertino for Water Conservation Landscape Conversion and Graywater Laundry to Landscape
Programs"
2. In the MOU,delete the first paragraph,and replace with the following:
"This MEMORANDUM OF UNDERSTANDING(MOU)between the Santa Clara Valley Water District,an
Independent special district created by the California Legislature(hereinafter referred to as"WATER
DISTRICT")and the City of Cupertino(hereinafter referred to as"CUPERTINO") is effective as of July 1,2016
and sets forth the respective roles of the WATER DISTRICT and CUPERTINO in regard to the WATER
DISTRICT'S LANDSCAPE CONVERSION REBATE PROGRAM AND GRAYWATER LAUNDRY REBATE
PROGRAM(hereinafter collectively referred to as the"PROGRAMS")."
3. Delete all of the Recitals in the MOU,replace them with the following Recitals:
"WHEREAS,the PROGRAMS involve providing Water Conservation Landscape Conversion Rebates
and Graywater Laundry to Landscape Rebates for properties located within CUPERTINO's jurisdiction;
and
WHEREAS,the PROGRAMS are appropriate measures for the Best Management Practices addressed in
the California Urban Water Conservation Council's MOU regarding Urban Water Conservation in
California;and
WHEREAS,the WATER DISTRICT has established the PROGRAMS, in part,to provide financial
incentive to remove existing turf lawns and to reuse graywater from clothes washers on landscape;and
WHEREAS, CUPERTINO wishes to participate in the PROGRAMS by providing additional financial
incentives to Cupertino residents receiving grants from the PROGRAMS."
4. In the MOU, under Section 1,a),c)and e),replace each reference to"PROGRAM"with"PROGRAMS".
5. In the MOU, under Section 2,a)and c),replace each reference to"PROGRAM"with"PROGRAMS".
6. In the MOU,under Section 2, b),add an additional bullet which reads:
• Up to$200 for each completed,qualifying Graywater Laundry to Landscape system installed
and eligible for a WATER DISTRICT rebate per the GRAYWATER LAUNDRY REBATE
PROGRAM.
7. In the MOU, Section 2,c),delete the sentence in its entirety and replace with"CUPERTINO's obligation to pay
for the PROGRAMS is capped at a total maximum of$120,000."
8. In the MOU,Section 5,delete the first sentence in its entirety and replace it with,"The Term of the MOU
commences on July 1,2016 and expires on June 30,2018,or until funds are depleted,whichever occurs first."
All of the terms and conditions of the MOU not modified by this First Amendment shall remain in full force and effect.
IN WITNESS THE EXECUTION HEREOF the parties agree that this First Amendment shall be effective as of the First
Amendment Effective Date set forth above.
SANTA CLARA VALLEY WATER DISTRICT
an independent special district created by the California Legislature
Approved as to form: ��" y�
By: Aq"4, " By:
Anthon lcher Norma amacho
Senio ssistant District Counsel Interim Chief Executive Officer
CITY OF CUPERTINO
Approved as to form:
j3y: By: /
Randolph Hom David Brandt
City Attorney City Manager
City of Cupertino City of Cupertino
Santa Clara Valle
5750 CA y t' Almaden ' ' ' °0 www.valleywater.org
Water District
i
RECEIVED
August 15, 2016
AUG 16 2016
Roger Lee PDRLIC WORKS DEPgRTMEN r
City of Cupertino, Public Works Dept.
10300 Torre Ave.
Cupertino, CA 95014
Subject: Agreement A4008S between the Santa Clara Valley Water District and the City
of Cupertino
Dear Mr. Lee,
Enclosed is an enacted copy of Agreement A4008S which was executed by the Santa Clara
Valley Water District on August 11, 2016. Please retain the enclosed copy for your records and
reference any future correspondence related to this contract with Agreement A4008S.
If you have any questions regarding this Agreement, please contact Project Manager Karen
Koppett at(408)630-2707 or kkoppett(a-)valleywater.org.
Sin rely,
Roderi erson Sr.
Supervis' g r gram Administrator
Consultant Contracts Services
Enc.: Agreement A4008S
CC: Guy Canha, Karen Koppett
i
i
I
I
Our mission is to provide Silicon Valley safe,clean wafter for a healthy life,environment,and economy.
it
Almaden5750 . : . s www.valleywater.org Santa Clara Valley
Water District
RECEIVED
August 15, 2016
AUG 162016
Roger Lee PUBLIC WORKS DEp,4R7-1WENT
City of Cupertino, Public Works Dept.
10300 Torre Ave.
Cupertino, CA 95014
Subject: Agreement A4008S between the Santa Clara Valley Water District and the City
of Cupertino
Dear Mr. Lee,
Enclosed is an enacted copy of Agreement A4008S which was executed by the Santa Clara
Valley Water District on August 11, 2016. Please retain the enclosed copy for your records and
reference any future correspondence related to this contract with Agreement A4008S.
If you have any questions regarding this Agreement, please contact Project Manager Karen
Koppett at(408)630-2707 or kkoppettQvalleMater.org.
Sincerely,
Roderi . �J erson Sr.
Supervis g r gram Administrator
Consultant Contracts Services
Enc.: Agreement A4008S
CC: Guy Canha, Karen Koppett
i
I
Our mission is to provide Silicon Valley safe,clean water for a healthy life,environment,and economy.
i
SCVWD ENACTED COPY
Contract Administration Unit
AGMT: ��. FILE:
i
MEMORANDUM OF UNDERSTANDING
BETWEEN THE SANTA CLARA VALLEY WATER DISTRICT AND
THE CITY OF CUPERTINO FOR A
LANDSCAPE CONVERSION REBATE PROGRAM
This MEMORANDUM OF UNDERSTANDING (MOU) between the Santa Clara Valley
Water District, an Independent special district created by the California Legislature
(hereinafter referred to as WATER DISTRICT) and the City of Cupertino (hereinafter referred
to as CUPERTINO) sets forth the respective roles of the WATER DISTRICT and CUPERTINO
in regard to the WATER DISTRICT'S WATER CONSERVATION LANDSCAPE
CONVERSION REBATE PROGRAM (hereinafter referred to as PROGRAM) is made and
entered into this July 1 2016.
RECITALS J
WHEREAS the PROGRAM involves providing Water Conservation Landscape Conversion
Rebates for properties located within CUPERTINO's jurisdiction; and
WHEREAS the PROGRAM includes the Landscape Conversion Rebate Program for Water
Efficient Landscape Conversions; and
WHEREAS the PROGRAM is an appropriate measure for the Best Management Practices
addressed in the California Urban Water Conservation Council's MOU regarding Urban
Water Conservation in California; and
WHEREAS the WATER DISTRICT has established the PROGRAM, in part, to provide
financial incentive to remove existing turf lawns; and
WHEREAS CUPERTINO wishes to participate in the PROGRAM and provide additional
incentives for Cupertino residents to remove existing lawns.
NOW, THEREFORE, in consideration of the recitals and mutual obligations of the parties
expressed in this MOU, WATER DISTRICT and CUPERTINO agree as follows:
1. WATER DISTRICT'S RESPONSIBILITIES
a) Administration of the PROGRAM, which administration shall include the creation of the
PROGRAM brochures and applications.
i
l
i
i
b) Collection and analysis of data to determine water savings.
c) Administration of all PROGRAM funds including,but not limited to:
• Processing the payment of the amounts set forth in 2.b.below, to eligible
persons residing in CUPERTINO ("ELIGIBLE RESIDENTS). Payment of
standard PROGRAM amounts to ELIGIBLE RESIDENTS within 8.12 weeks of
receipt of CUPERTINO residential applicant's request.
d)Invoicing CUPERTINO, on a quarterly basis.
e)Work cooperatively with CUPERTINO in appropriately advertising the PROGRAM to
targeted customers.
2. CUPERTINO'S RESPONSIBILITIES
a) Work cooperatively with WATER DISTRICT in appropriately advertising the PROGRAM
to the targeted customers.
b) CUPERTINO must pay WATER DISTRICT as set forth below for each activity performed
by the WATER DISTRICT in the CUPERTINO service area:
• Up to $1.00 per each square foot of turf removed per qualified residential and for
commercial rebate, up to $1,000 per residential and up to $10,000 per commercial site,
as per the District's Landscape Rebate Program requirements.
c) CUPERTINO's obligation to pay for the PROGRAM activities is capped at a total
maximum of$115,000.
d) Make payment to WATER DISTRICT within 60 days of receipt of Invoice from WATER
DISTRICT.
3. HOLD HARMLESS AND LIABILITY
Each Party ("Indemnifying Party") agrees to indemnify, defend at its own expense, including
attorneys' fees, and hold harmless the other Party ("Indemnified Party") from and against all
claims, costs, penalties, causes of action, demands, losses and liability of any nature
whatsoever, including but not limited to liability for bodily injury, sickness, disease or death,
property damage (including loss of use) or violation of law, caused by or arising out of or
2
related to the negligence, or willful misconduct of that Indemnifying Party, its officers or
employees, or any other agent acting pursuant to this MOU.
4. DOCUMENT REVIEW
WATER DISTRICT and CUPERTINO will, upon reasonable advance written notice, make
available for inspection to the other party records, books and other documents relating to the
PROGRAMS.
5. TERM
The term of the MOU is from July 1, 2016 to December 31, 2017" or until funds are depleted,
whichever occurs first. The term of the MOU may be extended by mutual consent of the
Parties. This MOU shall be contingent upon approval of program funding each fiscal year by
both the WATER DISTRICT'S Chief Executive Officer and by CUPERTINO.
6. NOTICE
Any notice, payment, credit or instrument required or permitted to be given hereunder shall
be deemed received upon personal delivery or five (5) days after deposit in any United States
mail depository, first class postage prepaid and addressed to the party for whom intended; or
on the same day as a facsimile transmission is sent as long as original is placed in the mail on
the same day.
If to WATER DISTRICT:
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
Attn: Conservation Programs
If to CUPERTINO:
Public Works Department
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Attn: Roger Lee
Either party may change such address by notice given to the other party as provided in this
Section 6.
i
i
3
I
r
y
7. AMENDMENTS
The MOU may only be amended by written agreement executed by both parties.
S. ASSIGNMENT
Neither party is allowed to assign, sublet, or transfer this MOU or any of the rights or
interests in this MOU without the written consent of the other party.
9. SEVERABILITY
The partial or total invalidity of one or more parts of this MOU will not affect the intent or
validity or remaining parts of this MOU.
10. GOVERNING LAW
This MOU is a contract under the laws of the State of California and for all purposes must be
interpreted in accordance with such laws.
11. TERMINATION OF AGREEMENT
This MOU may be terminated by either party hereto for any reason upon thirty (30) days
written notice to the other Party.
12. SIGNATURES
The individuals executing this MOU represent and warrant that they have the legal capacity
and authority to do so on behalf of their respective legal entitles.
In WITNESS WHEREOF, the parties have executed this MOU as of the effective date.
4
i
i
APPROVED AS TO FORM:
Randolph Horn David Brandt
City Attorney City Manager
City of Cupertino City of Cupertino
SANTA CLARA VALLEY WATER DISTRICT
An independent special district created by the California Legislature
Anthon ulcher Norm. Camacho
Sr. Assistant District Counsel Interim Chief Executive Officer
Santa Clara Valley Water District Santa Clara Valley Water District
i
i
i
i
i
5