16-180 Third Amendment to Santa Clara Valley Urban Runoff Pollution Prevention Program Memorandum of Agreement 'T�-II AlVIE1�1D1VIEl�1'I' 'I'O AGI�EEIVIEI�'I'
I'laOVIDII�IG F012 I1VII'LEIVIEI�IT�"I'IOIV OF
'�"I-IE SA1�1'I"� CLAIaA VALL,EY UR.BAl�1 RITI�OI�'F
P()II..LIJTIOl� PREVEIV�'ION PROGRAIVI
THIS THIRD AMENDMENT TO AGREEMENT PROVIDING FOR
IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM (the "Amendment") is entered into by and
between the SANTA CLARA VALLEY WATER DISTRICT, a local public agency of
the State of California("District"); CITY OF CAMPBELL, a municipal corporation of
the State of California; CITY OF CUPERTINO, a municipal corporation of the State of
California; CITY OF LOS ALTOS, a municipal corporation of the State of California;
TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California;
TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF
MILPITAS, a municipal corporation of the State of California; CITY OF MONTE
SERENO, a municipal corporation of the State of California; CITY OF MOLTNTAIN
VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a
municipal corporation of the State of California; CITY OF SAN JOSE, a municipal
corporation of the State of California; CITY OF SANTA CLARA, a municipal
corporation of the State of California; CITY OF SARATOGA, a municipal corporation
of the State of California; CITY OF SLJNNYVALE, a municipal corporation of the State
of California; and COUNTY OF SANTA CLARA, a political subdivision of the State of
California.
All of the above-mentioned entities are hereinafter collectively referred to as
"Parties" or individually as "Party."
RECITALS
A. The Parties previously entered into that certain Agreement Providing For
Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program
(the "Agreement" or"MOA")pursuant to which the Parties established certain terms and
conditions relating to the implementation and oversight of the Santa Clara Valley Urban
Runoff Pollution Prevention Program (the "Program"), including a cost sharing
allocation, which was appended thereto as Exhibit A. A copy of the Agreement,
including Exhibit A, is attached hereto as Appendix 1. Unless otherwise set forth herein,
all terms shall have the meaning set forth in the Agreement;
B. The Agreement originally provided for a five-year term, which, based on
its execution, was set to conclude on or about March 10, 2005. However, on or about
February 20, 2005, the Parties unanimously entered into a First Amendment to the
Agreement (attached hereto as Appendix 2), which extended the term of the Agreement
by one additional year;
C. The Parties thereafter unanimously entered into a Second Amendment to
the Agreement(attached hereto as Appendix 3), which extended the term of the amended
1
sf-3677154
Agreement by "one fiscal year beyond the termination date of the (then) next NPDES
Permit issued to the Parties, including any administrative extension of the (then) next
NPDES Permit's term which occurred pursuant to the NPDES regulations." The next
NPDES permit applicable to the Parties (and others) was subsequently adopted the
California Regional Water Quality Control Board, San Francisco Bay Region ("RWQCB
SFBR") on October 14, 2009 and was known as the Municipal Regional Permit ("MRP")
because it covered numerous public agencies in the San Francisco Bay Region in addition
to the Parties;
D. The MRP was then administratively extended until a new NPDES Permit
applicable to the Parties (and the other public entities in the San Francisco Bay Region)
was adopted by the California Regional Water Quality Control Board, San Francisco Bay
Region, on November 19, 2015 ("MRP 2.0"). MRP 2.0 became effective on January 1,
2016 and, unless subject to an administrative extension, is scheduled to terminate on
December 31, 2020;
E. The Parties expect to utilize the Program to continue to represent their
interests relative to MRP 2.0 (including with respect to an administrative appeal of its
adoption that is currently pending before the State Water Resources Control Board), to
help them effectuate certain aspects of compliance with MRP 2.0, and, beyond that, in
negotiating the terms of a further renewed NPDES Permit when MRP 2.0 nears the end
of its anticipated five-year term and any administrative extension provided thereto;
F. The Parties also expect to continue to utilize the Program's preferred
approach of achieving consensus to resolve issues and reach decisions, and to rely on the
Majority Vote mechanism set forth in Section 2.08 of the Agreement at the Management
Committee level only when consensus-based resolutions appear or become elusive;
G. The Parties now desire to update the amended Agreement and further
extend the term of the MOA as set forth below;
H. Section 7.02 of the MOA provides that it may be amended by the
unanimous written agreement of the Parties and that all Parties agree to bring any
proposed amendments to their Council or Board, as applicable, within three (3) months
following acceptance by the Management Committee; and
I. The Program's Management Committee accepted this Amendment for
referral to the Parties' Councils and/or Boards at its meeting on August 18, 2016.
I�10W, T�IEI�EF012E, THE PAl2'TIES gIE12ET'O I+'iJit'I'�IElZ�1G12EE A�
F�I.g,OWSe
1. Reco�nition of Current Permit. Recital F of the Agreement, as previously
amended, is hereby further amended by the addition of the following subsections:
6. Order No. R2-2009-0074 (the Municipal Regional Permit,NPDES
Permit CAS612008); adopted, October 14, 2009 and amended by the
RWQCB SFBR on November 28, 201 l;
2
sf-3677154
7. Order No. R2-2015-0049 (MRP 2.0,NPDES Permit CAS612008);
adopted by the RWQCB SFBR on November 19, 2015.
2. Extension of Term of A�reement. Sections 6.02 and 6.02.01 of the
Agreement, as previously amended, are hereby replaced as follows:
This Agreement shall have a term extending one fiscal year
beyond the date of termination of MRP 2.0; such termination
date shall, however, be deemed to include any administrative
extension of MRP 2.0 which occurs or arises pursuant to the
NPDES regulations or any modification of the MRP 2.0
termination date that arises from an NPDES permitting action
undertaken by the RWQCB SFBR or California State Water
Resources Control Board.
3. Supersedin� Effect. This Third Amendment of the Agreement shall
supplement the Second Amendment of the Agreement and supersede any conflicting
provisions of the Second Amendment of the Agreement.
[remainder of page intentionally blank]
3
sf-3677154
"l"1-1312I�AML•;IJT�MEN'I"1'C)AtiKL^'tiM1:N"I'
P120VID1NCi t'Oft 1M1'I,I:ML'N7'A�'ION Ol�
'l`I11;SAN1'R CLAItA VAL3,L;Y URI3AN ItUh�i�T'
1'C?1.L.0 1'ION 1'R1iVENT'lUN P1tOC;RAM
I.l� �T"�"I�E���NEI2E��",ttle Pat�ties have executed ihis Thix-d Amendment effective
as af tl�e Iast date i��dicated belc�w or December I 9, 20]b, whicl�eve�°arises earlier.
Santa Clur�a i�alle,�� Wuter•District: By:
Name:
Title:
L7ate:
Ct�u�zty of Santa �'lara: By:
Name:
Title:
Date:
s���
City af Campbeil____ By; -..'""`-�`�`�t>:�.`:� (��,?;a�>�.:L� .��
r -
T�1ame: Tadd Capurso
Title: Director of 1'ublic Works
Da�e: tz�:� �l'���,�r,�
�
4
IN «I'I'1���� W�EI�EOF, the Parties have executed this Third Amendinent effective
as of the last date indicated below or DecemUer 19, 2016, whichever arises earlier.
Santa CZaNa Valley WateN Dist�°ict: By:
Name:
Title:
Date:
County of Santa Cla�a: By:
Name:
Title:
Date: �"'�
City of Cupertirzo: By: ,_ _ � l ��`"
,`' "
Naine: David Brandt
Title: Citv Mana�er
Date: � C���`��� �
4
IN '��C'l"NT?S� t�'ll1?[2F.01+", thc ]'arlies i���ve e�ucut�c! this "I I711'C� All1l:I1tI111C11L CII(:4tIVe
as oi'tlic last datc i��di�atccl bcl���� ur [�ccen�hi;r 1 t). 2016, �vhichevGr arises evlie�•.
Su�rin Ckirt/ TIIIIIG't' l��ilter•Dis�'�•i4�t: 1-3y:
Namc:
'I'itle:
Uate:
C'c�un�y r�f'S�tntu Clura: F�y:
Namc:
`I'itle:
C)ate:
City o Los Altos . Bv: ���`�.
. .f �
Name: Christopher Jordan
Titic: City Manaqer
D�t�: ld 2G�Zdl�
�
IN WITNESS WHEREOF, the Parties have executed this Third Amendment effective
as of the last date indicated below or December 19, 2016, whichever arises earlier.
Santa Clara Valley Water Dist�ict: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
e
Town of Los Altos Hills: By: �,.�a_
�
Name: Carl Cahill
Title: City Manager
Date: ��� � � .�,.,���a�.
THIRD AMENDMGNT TO AGREEMENT
PROVIDING FOR IMPLEMEN'I'ATION OF
THG SANTA CLARA VALLEY URBAN RUNOPF
POLLUTION PREVENTION PROGRAM
IN WITNESS WH�REOF, the Parties have executed this Third Amendment effective
as of the last date indicated below or December 19, 2016, whichever arises earlier.
Santa Clara Valley Water District: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
Town of Los Gatos_ By: /��j,�� ,
Name: aurel Prev i
Title: Town Manager
Approved As to Form: �_
Robert Schultz, Town Atto ne`
Attest: r,) �e l�t,_.,0. . ,u..a �,°t.�__Se,��1
�—�...._._.
Shelley Neis, Tow� Clerk
Date: (�`?�Fa�..)��l_�.�
4
I1�1 BVITNESS WHEREOF, the Parties have executed this Third Amendment effective
as of the last date indicated below or December 19, 2016, whichever arises earlier.
Santa Clara Valley Water District: By:
Name:
Title:
Date:
County of Sa�zta Clara: By:
Name:
Title:
Date: ,>�'����
�` �..m,,...�-.-.s..
c�ryoJ' 1Ut�pr��� : By: ��
, -
Name: ���bl�)�iS �� Wi��l��S
Title: "��°� 1 V l������
�
Date: � ���/l�
T3at� `
... . �:_.... .� ,,,:.....�
�h�°istopher 3o I�iaz
C�ty�lttorney
4
sf-3677154
'THIRU AMGNDMLN`f TQ AGREEMEN'1"
PRQV(1�1NG FOR fMYLHMEN'TAT[ON OF
T[I�SANTA CLA[tA VALL.EY'URBAN RUNOFf'
POLLU`CtON PREVENT[ON PROGRt1M
�l\i 'VVI'TNE�� ��iE�2EOF, the Parties have executed this Thiid A1nei7dment effecti�ve
as af the last date indicated below or December 19, 2016, r�hichev�r arises earlier.
Santa CCara ValCey Water DistricP: By:
Narne:
Title:
Date:
County of Santa CCara: By:
Name:
Title:
Date:
.�.��� �,. ' ;,,.e
,
y . �'jj�
� u � �e i . ,....._'<..��r
City of Monte Sereno_ By: �r� ,.�.�.-�w 1 ,�=:_.����_... _��-�..-.--
Narne: Brian Loventhal
Title: City Manager
Date: ��"��� �,°�'�
IN WITNESS WHEREOF, the Parties have executed this Third Amendment
effective as of the last date indicated below or December 19, 2016, whichever arises
earlier.
CITY OF MOUNTAIN VIEW,
a municipal corporation of
the State of California
B : � ,���. �'` r � ,.���-�
Y � ��
� �
Cit�-1bI�`nager
By; ^�.�� �
City Clerk
APPROVED AS TO CONTENT: �
�\.,� -�� '
Fire Chief
FINANCIAL APPROVAL:
�'..,__-�
�-
��,�� �i
Finance an�l-�dm' 'strativ
Services Di��tor
APPROVED AS TO FORM:
-- �,
fi���'.�.�:�x���.�., � `����� _�.��_�,�����..
��,.
.�-
.`_ ;�-�--.. ��;��_.��. City Attor,�e
EA/2/FIR
151-10-20-16AG-E 4 of 4
I1�1 WI'TNESS WHEREOF, the Parties have executed this Third Amendment effective
as of the last date indicated below or December 19, 2016, whichever arises earlier.
Santa Clara Valley Water District: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
City of C ct,l v � ��t G . By: �j � � �-
Name: � /��iJ�
Title: C l/`� ��� C�
Date: � ° 2� 6 1 �
4
IN WITl�TESS WHEREOF, the Parties have executed this Third Amendment effective
as of the last date indicated below or December 19, 2016, whichever arises earlier.
Santa CZaNa Valley Wate�Dzst�zct: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
�
City of San Jose: By: ��
� Name: 1 a�1� `t�.����-
Title: �i� (�a��'�.
Date: !` ��
� 4
IN WITNESS WHEREOF, the Parties have executed this Third Amendment effective
as of the last date indicated below or December 19, 2016, whichever arises earlier.
Santa Cl�ra Valley Water District: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
t
City of Santa Cl�zra: By:
l
Name: Rajeev Batra
Title: Acting City Manager
Date: '� ° ` �C�
APPRQV' AS TO FORM:
C1TX ATTO '�
.,,......w, „,, „,,,,,.,,..,......,...„..,,.....,,,�.�........................,,..,...,..,.,..,.��,.W,W.,.�,.�...,�.��...�,�.�..�:�.
§
t{, � e
, .. ,. �:- ,
�
���� ����
�
4
IN WITNESS WHEREOF, the Parties have executed this Third Amendment effective
as of the last date indicated below or December 19, 2016, whichever arises earlier.
Santa Clara Valley Water District: By:
Name:
Title:
Date:
�- ��,;�;,`�
,�� $ ;� __._..
County of Santa Clara: By: �!�
�'
Name: �,�,�����'�"��
Title: _.PR�S1DEhI�"� ��A��C�F SUPEF�VISOi�S
Date: ���� � � �o��
;�
" Attest: `
� Name: N1EG/�N D�YLE '
Title: Clerk of the Board of Supervisors
Approved as to form and legality: m
By. � � � ���
Name: y��. �� ���'����
Title: ��� �m���-�� ���a��"`��� �������..,
City of . By:
Name:
Title:
Date:
4
Il� WITNESS WHEREOF, the Parties have executed this Third Amendment effective
as of the last date indicated below or December 19, 20l 6, whichever arises earlier.
Santa Cla��a T�alley Water Dist�ict: By: � � _-
�
Name: .� Q� �
Title: � ,�l�--- � �
Date: �/����
County of Santa Clara: By:
Name:
Title:
Date:
City of . By:
Name:
Title:
Date:
4
1'Ii1RD AMIiN17M1:N'f 7'O A(;RIiI:M1iN'T
PROVIDING FOR IMP1.13M13NTA'I'ION UN
TI1L Si11v'TA CLAI2A VA1.1.ii1'UR13AN RUNOPP
PULI_IJTION P}21iVLN'f10N PROGRAM
Santa C'Cara P�a1Cey Watr.�r Dist�rct: By:
Narne:
Title:
Date:
Cous:ty of Sartta Clara: By:
Name:
Title:
Date:
a
City wf S�ratoga_ By: �;��,� ���. �e
Name: ,p'Jai s Li�Qsay `�
Title: City � anager
Appro ed to Form: ,,�=�� `',. "�" �-a `"� ,
`��-�ichard S, Taylor, City Attorney
Attcst: i �''�' ��' ;;::� `., �
..
.
< , � ��j
�_
�` ,� r .. �r��'-b ��f�. ��� ,��������� ��
�� � _. ; � ��z... . �� �.
`'f�-- Crys�a�`= othelio,City Clerk '�;�.�,(�a��,�z� �''�s,���-� �'��.x�,�{_�._.
Date: `'���ru�,.��..�;� ��.a
IN WITNESS WHEREOF, the Parties have executed this Third Amendment effective
as of the last date indicated below or December 19, 2016, whichever arises earlier.
Santa ClaNa Valley WateY District: By:
Name:
Title:
Date:
County of Santa ClaYa: By:
Name:
Title:
Date:
City of Sunnyvale gy, -- ii -. -\_\\
� ' �
N e: Deanna J. Santana
itle: City Manager
Date: �� � ����� �
APPRO AS TO FORM:
� �By: � �"
John A. Nagel �
City Attorney
4
Appendix i
Agreement Providing For Implementation
of the Santa Clara Valley Urban Runoff
Pollution Prevention Program
as fully executed as of March 10, 2000
sf-3677154
AGREE�ENT
PROVIDING FOR IMPLEMENTAT'ION OF
THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM
THIS AGREEMENT, is made and entered into this day of
1999 by and between the SANTA CLARA VALLEY WA?ER DISTRICT
(DISTRICT), a local public agency of the State of California; COUNTY OF SANTA CLARA,
� a political subdivision of the State of California; CITY OF CAMPBELI., a municipal
carporation of the State of Cafifornia; CITY OF CUPERTINO, a municipal corporation of
the State of Caiifornia; CtTY OF LOS ALTOS, a municipal corpora#ion of the State of
California; TOWN OF LOS A�TOS HiL.LS, a municipal corporation o#the State of
California; TOWN OF LOS GATOS, a municipal corporation of the State of Califiornia;
CITY Of MILPITAS, a municipal corparation of the State of California; C1TY OF MONTE
SERENO, a municipal corporation af the State of California; CIiY OF MOUNTAIN VIEW, a
municipal corporatian af the State of California; CITY OF PALO ALTO, a municipal
corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the
State of California; CITY OF SANTA CLARA, a municipal corporation of the State of
California; CITY OF SARATOGA, a municipal corporation of the State of California; and
CITY OF SUNNYVALE, a municipal corporation of the State of California.
All of the above-mentioned entities are hereinafter collectively referred to as "PARTIES" or
individually as "PARTY."
RECITALS:
A. The 1986 Water Quality Control Plan for the San Francisco Bay (Basin Plan),
adopted by the California Regional Water Quaiity Controt Board, San Francisco Bay
Region, in implementation of the Federal Clean Water Act, required that PARTIES
develop a program to control pollution from urban runoff, or nonpoint sources of
water pollution in the Santa Clara Va!ley. '
B. In furtherance af their responsibilities pursuant to the Basin Plan, the PARTIES have
previously entered into a series of agresments to jointly fund the cost of preparing an
action plan to evatuate nonpoint source pollutants, monitor identified pollutants, and
develop control measures to mitigate or reduce nonpaint source pollufion.
Collectively, the measures undertaken pursuant to the previous agreements and
anticipated to cantinue pursuanf to this Agreement, were known as the Santa Clara
Valley Nonpoint Source Pollution Control Program and upon execution of this
agreement henceforth shali be known as the Santa Clara Valley Urban Runoff
Pollution Prevention Program (hereinafter called "Pragram").
C. In 1987 Congress added Section 402 (p) to the Federal Clean Water Act (CWA) (33
U.S.C. Section 9342 (p)), which requires certain municipalities and industria( facilifiies
to obtain a National Pollutant Discharge Efimination System (NPDES) permit for the
76075 4 MOA JRG:MGD 10/19/99
SCVURPPP MEMORAIVDUM OF AGR�EMEN7" F�age 2 of 1.3
discharge o�stormw�ter to navigable waters. NPDES permifis are also required under
section 402 (p) for any stormwater discharge which 4he �ederai Envirpnmental
Protection Agency (EPA) or a State has determined contributes to a violation of a
water quality standard or is a significant confiribu4or of pollutants to surface wa�ers.
D. Section 402 (p) further required EPA to promulgate regulatians for initial NPDES
permit applications for stormwater discharges. The EPA promulgated such
regulations in November 1990.
E. The EPA has delegated authority to the California S#ate Water Resourcas Control
Board (SWRCB) to administer the NPDES permit process within California and, in
turn, the SWRCB has delegated authority to the California Regional Water Quality
Control Board - San Francisco Bay Region (RWQCB-SFBR) to administer the
NPDES permit pracess within its regiort.
F. Pursuant to Section 402 (p) of the CWA and EPA regulations, the RWQCB-S�BR
adopted the following orders further defining the pragram that the PARTIES are to
develop and implement:
1. Order No. 90-094 (NPDES Permit No. CA0029718), adopted June 2�,1990;
and
2. Order No 95-18� (NPDES Permit No. CAS029718); adopted August 23, 1995.
G. In and for the mutual interest of the PARTIES, the PARTfES wish to con#inue the
Program by entering into this Agreement for the purpose of ensuring continued
participation, in terms of cost and administrative responsibilities.
H. DlSTRICT is a local public agency of the State of California duly organized and
existing within the County of Santa Cfara. The County of Santa Clara is a political
subdivision of the State of California. All other PARTIES are municipal corporations,
duly organized and existing under the laws af the State of California. '
t. The RWQCB-SFBR is conducting a Watershed Management lnitiative (WMI) in
Santa Clara County. The Program is required, as part of its NPDES permit, to
develop and imp{ement a Watershed Management Measures Strategy. The Urban
Runoff Management Plan of the Program contains the Program's Watershed
Management Measures Strategy. This strategy, consistent with the NPDES permit,
caordinates Program activities with the WMI ta develop and implement cast-effective
appraaches to address specific urban runoff pollution problems. The Program,
through a continuous improvement process, annually reviews the strategy.
76075 4 MOA JRG:MGD 10/19/99
SCVURPPP MEMORANDUM OF AG�'�EMEIVT Page 3 of 93
IV�tlYy �P�i�11�F�1Y�y 5 H� T"P1�1�1G� f�1G��1 V 9�'Wf�1 6�7��9'907���y hi� f'�e.dLL�VffiJ.
Section 1. Santa Clara Vailev Urban Runoff Pollution Prevention Proqram
1.01 The Santa Clara Valley Nanpoint Source Pai(ution Control Program
("Program") is hereby continued as the Santa Clara Valley Urban Runoff Poiiution
Prevention Program to fuifill the requirements of NPDES Permit Na. CAS029718 as it
exists, may be modified, or may be reissued in the future (hereinafter referred to as
"NPDES Permit").
1.02 The Program is a collective effort and implementatian af area-wide activities,
designed to bertefiit a11 PARTIES.
Section 2. Manaaement Committee
2.01 A Management Committee is hereby reconstituted to provide for overall
Pragram coordination, review, and buclget oversight, with respect to the NPDES
Permit.
2.02 The Management Committee may as necessary adopt and revise Bylaws for
its governance.
2.03 The Management Committee is the official management and oversight body
of the Program. The Management Committee shail direct and guide the Program
and review and approve the Program Budget. The Management Cammittee shall
consider permit compliance, including benefit to a majority of the PARTIES, as a
primary objective in approving Program tasks and corresponding budgets.
2.04 The Management Committee may periadically re-evaluate and make
recommendations to the PARTlES concerning reallocation of the proportion of the
annual Program contribution that each PARIY shall pay. '
2.05 The voting membership of the Management Committee shall consist of
one designated voting represen#ative from each PARTY. An alternative
voting representative may be appointed by each PARTY. The RWQCB-
SFBR may appoint a non - voting representative and aiternate to#he
Management Committee.
2.06 A quorum of the Management Committee shall be achieved when at
least nine (9) voting representatives, including at least one (1) representative
from each of City of San Jase and Santa Clara Valley Wafier District, are
present at any Nlanagement Committee meeting.
2.07 IVlestings of the Management Committee, inctuding any cbsed sessions
with Program Legal Counsel, shall be c�nducted in accordance with the "Brown Act"
76075 4 MOA JFtG:MG� i0/19l99
SCVURPPP MEMOR,4NDUM OF AGREEMENT Page 4 of 13
(Government Code Section 54950 et seq.) The individual parties have differing
opinions on whether the Brown Act legally should be interpreted as applying to
members of the Managemenf Committee. In executing this Agresment, the parties
do not waive their right to take the position that the Brown Act legally does not
appiy, but voluntarily agree to follow Brown Act procedures for Management
Committee meetings. Except for official meetings of tne Management Committee,
nothing herein shall be interpreted to require meetings betwesn staff members of
the individual Parties (including designated representatives of the Parties) to be
subject to the Srown Act, where the Brown Act would not otheNvise appfy. Each
party is individualiy responsibls for ensuring that it complies with the Brown Act.
2.08 The affirmative vote of at least eight (8} voting members ofi the
Management Committee, which coilectively contribute at least fifty percent (50%) o€
the area-wide Program costs (a "Majority Vote"), is necessary to approve any
measure braught before the Management Committee. �
2.09 The Management Committee shall be responsible for selecting any
consultant(s) or contractor(s)who are to be paid from Program funds ("�utside
Contractors"), using a process appraved by the Contracting Agent, and for
reviewing and approving any contracts with Outside Contractors, including the
scope(s) o#work, schedules of performance, use of subcontractors, and
compensation for such Outside Contracfors.
2.10 The Management Committee shal! select a PARTY or Outside Cantractor
to act as Program Manager for the Program. The Program Manager shall be
responsible fo� Program management and administration, Permit management, and
technical program management all in accordance with the NPDES Permit, this
Agreement, Program Bylaws, and as directed by the Management Cammittee in the
best interes# of the PARTIES as a whole and individually. The Program Manager
shall be paid, from Program funds in accordance with #he adopted Program budget,
for providing the services described hereunder. The Program Manager shall not be
responsible for providing program management services re(ated to individual
PARTIES permi# programs, but may provide such services under separate contract
with any PARTY or PARTIES.
2.11 The Management Committee may select an attorney (Program
Attorney) or firm that is experienced with the Clean Water Act and Municipal
Stormwater NPDES Permits to provide legal advice ta the Management
Committee on all matters involving administration of the Program's NPDES
permit and such other matters upon which the Management Commifitee may
seek Isgal advice or request {egal representatian. Program Legal Counsel
shall nat be responsible for providing legal advice r�lated to permit
compliance to individual PARTIES, but may provide such services under
separate cantract with any PARTY or PARTIES. The Program Manager m�y
76075 4 MOA JRG:hAGD 10/19/99
SCVURPPP�PEMORAIVDUNI U�AGRE�'�/1�1VT Page 5 of 93
assist in coordination of activities with the Program Attorney but shail nof give
direction wi4hout prior authorization frnm the nl(anagement Committee.
2.12 The Management Committee shall establish timelines and budgets far
completion of Program tasks. The Management Committee shail rate the
performance of the Program, and in turn rate the performance of the Program
Manager, based upon the Pragram's ability to meet such approved timefines and
budgets.
2.13 The Management Committee, through its Bylaws, may establish
procedures for tracking, accounting far, and auditing the Program Fund.
Section 3. Proaram Budqet
3.01 A collective budget for the Program (Program Budget) shall be based
upon a projection ofi two consecutive fiscal year cycles, hawever, the Budget shall
be adopted for only one fiscai yea�cycle. The Budget shail include a
Contingency/Reserve Fund which shall not exceed ten percent (10%) of the
operating costs of the adopted Budget.
3.02 The PARTiES shall each pay a yearly assessment into a fund established
for Program operations for their assigned portion of the Program Budget. The
proportionate share of the Program Budget that each PARTY shall pay is shown in
the schedule marked Exhibit A hereto and incorparated by reference herein.
3.03 Except as provided in Section 6.03, the ending fund balance at the close
of each fiscal year shall be disbursed annuaily to the PARTIES, or credited to the
PARTIES' share of the next fiscal year's costs, in accordance with the PARTfES
defined participation rates, as requested by each PARTY.
Section 4. Contractinq/ Fiscal AQent � '
4.01 DlSTRICT shall serve as the initial Cantracting/Fiscal Agent for the
Program.
4.02 DISTRICT may withdraw as the Contracting Fiscal Agent upon the
provision of ninety days (90) days written notice to the Management
Committee.
4.03 In the event that the Confiracting/Fiscal Agent withdraws from the
Program or from providing Contracting/Fiscal Agent services to the Program,
another PARTt may serve as a successor Contracting/Fiscal Agent. Any
PARTY willing to serve as successor Contracting/Fiscal Agent may be
nominated by another PARTY. Selection of a Contracting/Fiscal Agent must
be by majority vote of the Management Committee.
76075 4 MbA JRG:MGD 10/19/99
SCVURPPP�l�n/ICJRAIVDUM OF,QGR��MEIVT Page 6�� 93
4.04 The ContractinglFiscai Agenfi shall act in a reasonable amount of
time to execute contracts wifh Outside Confiractors, including the Program
Manager, which have been requested and approved by the Management
Committee.
4.05 The Cankracting/�iscal Agent shall be the treasurer of Program
funds. The Contracting/Fiscal Agent, in accordance with generally accepted
accounting procedures, shall keep the Program funds segregated from any
other funds administered by the Contracting/Fiscai Agent; shall credit the
Program with appropriate interest income earned on Program funds in each
fiscal year; and shall not expend any funds except in accordance with the
annual budget approved by the Management Committee or as othe►wise
directed by the Management Committee.
4.06 The Contracting/Fiscal Agent shall provide a copy of any contract
executed on behalf of the Program to any PARTY or person designated by
any PARTY or the Management Committee upon request. The governing
body of the Contracting/Fiscai Agent, at its discretion, may defegate au#hority
to execute agreements and contracts approved by the Management
Committee, to a designated employee. Notice of any such delegation of
authority shall be provided to the Management Committee.
4.07 The Contracting/Fiscal Agent may request, as part of the annual
Program Budget, reimbursement for reasonabla and customary costs
incurred in providing the services described hereunder. Reimbursement to
the Contracting/Fiscal Agent shalf be subject to Management Cammittee
review and approval as part of the Program Budget.
Section 5. Ancillarv Riqhts and Duties af the Parties
5.01 In addition to the participation in the Management Committee, the
PARTIES accept and agree to perfnrm the foilowing duties:
1. Each will comply with the NPDES Permit conditions set forth in its
Community-Specific plan;
2. Each will participate in Management Commitfiee meetings and ather
required meetings of the PARTlES;
3. Each will implemen4 its Community-Specific pragram;
4. �ach wiil provide certain agreed upon reports to the Program for
purpases of reporting, on a joint basis, comptiance with applicable
provisions of the NPOES Permit and the status of Program
76075 4 MOA JRG:MGD 10/19/99
SCVURPPl�MEr1/IORANDUM OF AGREEM�'IV7' Page 7 of 13
impiementatian; and
5. Each will individually address inter-agency issues, agreements or
other caoperafive effc�rts. �
5.02 This Agreement does not restrict the PARTIES from the ability to
individuafly (or collectively) request NPDES Permit modifications and/or initiate
NPDES Permit appeals for permit provisions to the extent that a provision affects an
individual party (or graup of PARTIES); however, any such PARTY (or PARTIES)
shall make reasonable efforts to provide advance notice af their action to the other
PARTIES and allow them tn comment upon or join in their action befare proceeding.
Section 6. Term of Aareemenf
� 6.01 The term of this Agreement shall commence on the date the last duly
authorized representative of the PARTIES executes it.
. 6.02 This Agreement shall have a term of five (5) years.
6.03 Any PARTY may terminate its participation in this Agreement by giving
the Chair af the Management Cammittee at least thirty (30) day written natice. The
terminating PARTY wili bear the full respansibility fior its comp(iance with the
NPDES Permit commencing on the date it terminates its participation, including its
campliance with both Community-Speci#ic and Program-wide responsibilities.
Unless the termination is scheduled to be effective at the close of the fisca{ year in
which the no#ice is given, termination shall constitute forfeiture of ail of the
#erminating PARTY's share of the Program Budget, for the fiscal year in which the
termination occurred (both paid and obiigated but unpaid amounts). In addition,
unless notice of termination is provided at least ninety (9Q) days prior to the date
established by the Manegement Committee for approval of the budget for the
succeeding�scal year, termination shal! constitute forfeiture nf a!( of the terminating
PARTY's share of any unexpended, unencumbered funds remaining from all
previous fiscal years. The cost allocations for the remaining PARTIES' may be
recalculated for the following fiscal year by the PARTIES without the withdrawing
PARTY's participation.
Sectian 7. General Leqal Pravisions
7.01. This Agreement supersedes any prior agreement among all the PARTIES
regarding the Program, but does not supersede any other agreemenfis between any
of the PARTiES.
7.02 This Agreement may be amended by unar�imous written agreemen4 of the
PARTIES. Afl PARTIES agree 4o bring any proposed amendment to this Agreement
ta their Council or F3oard, as applicable, within three (3) monfhs following
acceptance by the Management Committee.
76075 4 MOA JFtG:MGD 10l19l99
SCVURPPP MEMC7RA1VC3UIV7 C�F ACyREE�AEN7� Page � of 93
7.03 This Agreemer�t may be executad arrd delivered in any number of copies
("counterparY'} by the PARTfES, including by means of facsimile. When each
. PARTY has signed and delivered at least one counterpart tc� the Program, each
�aunterpart shall be deemed an ariginai and, taken together, shail constitute one
and the same Agreement, which shal{ be binding and effective as to th� PARTIES
hereto.
7.04 iVo PARTY shail, by entering into #his Agreem�nt, participating in the
Management Cammi#tee, or agreeing to serve as �isca( Agent, Cnntracting Agent,
Program Manager, and/or Legal Caunsel, assume or Iae deemed to assume
responsibility for any other PARTY in complying with the requirements of the
NPDES Permit. This Agreem�nt is intended s4iely for the convenience and benefit
af the PARTlES hereto and sha(1 ncat be deemed to be for the benefit of any third
party and rnay not be enforced by any third party, including, but not iimited to, #he
EPA, the SWRCB, and the RWQCB-SFBR, or any person acting on their b�haif ar
in their stead.
7.05 in lieu of and notwithstanding the pra tata risk ailocatian which might
c►therwise be imposed between fhe PARTIES pursuant ta Government Code Seckion
895.6, the PARTIES agree that ali losses or iiabiiities incurred by a PARTY shaii not
be shar�d pro rata but instead the PARTiES agree that pursuant to the Government
Code Section 895.4, each c�f the PARTIES here#o shaif fu{ly defend, indemnifiy and
hold harmiess each of the c�ther PARTIES fram any claim, �xpense or cost, damage
or liabiiity impased for injury (as defined by Government Code Section 8'it7.8}
occurring by reason ofi#he negiigent acts afi ornissions or willful misconduct o€the
indemnifying PARTY, its afficers agents or employees, under ar in connection wi#h
c�r arising fram any work, authority ar jurisdictions delegated ta such PA�tTY under
this Agreement, including but not limited to any non-compli�nce by a P�1RTY with i#s
obliga#iorrs under fhe Pragrarn IVPDES F'ermit, Na PAf2TY, nar any officer, board
member, empioyee or agen# thereof shal! be responsible for any damag��or iiability
incu�red by reason c�f the negligent acts or omissiorts t�r will#ul misconduct of the
other parties h�reto, their offi�ers, board members, employees or agEnts under �r in
cor�nectic�n with or-arisir�g from any work, autht�rity or jurisdictior�s delegated to such
PARTY under this Agreement, including but nat limi#ed to any non-c�mpliance by a
PARTY with its obligations undsr the Prc�gr�m NPDES �'�rmit.
7.06 #n the �vent that sui# shall be brought by either party to this
cantract, the Parti�s �gree that venue sha4! be exclusively vested in the state
courts of fhe Gaunty c�f �anta Glar�, ar where �therwise apprcapriate,
sxclusiveiy in the United States District Court, Northern District of Galifornia,
San Jose, California.
1 ! /
76075_4 MCJJA JRG:MGD 1t�l59/99
�
SCVURPPP lV1EMORAIVDUM OF ACREEI�IElVT P�ge 9.3 of 93
EXHI�IT A
�AiVTA CLARA VALLEY URBl�N RUNOFF �OL�tJT°lON PF2EVENTION Pf�OG�M
SCHEDULE OF �(�ST-SHARtNC PROP�RTIONS
Jurisdiction Proportional Share
Campbell 1.88%
Cupe�tino 2.46%
Los Altos 1.59%
Los Altos Hills 0.43%
Los Gatos 1.74%
Milpitas 2.75%
Monte Sereno 0.14%
Mountain View 3.91%
Palo Alto 4.06%
Santa Ciara 6.23%
Saratoga 1.59%
Sunnyvale 725%
Santa Clara County 5.94%
Subtotal 39.97%
S8n Jose 30.01%
District 30.02%
TOTAL 100.00%
76075 4 MOA JRG:MGD 10/19/99
SCVURPPP MEIVPOft,4lVtaUM O�AGF��ENIEIUT Page 9 af 93
IN WITNESS WHEREOF, 4he PARTIES hereto hav� executed this Agreement as of the
dates shown be{aw.
SANTA CLARA VALLEY WATEh DISTRiCT, a bady corporate and politic of the State of
Caiifornia
Date:
��C 2 1 1999 APPROVED AS TO �ORM:
� /,, .
By: �/,, /,�C� BY: �
Chai , oa�of Directors General unsel
ATTEST:
8y�� ��.�%t..�--�-- Date:
Generai n ger
By
COUNTY OF SANTA CLARA, a pubiic entity of the State of Califomia
Date: APPROVED AS T� FORM:
By: gy: .
Chair, Board of Supervisors Deputy County Counsel
ATTEST;
Date:
By:
ct�r o�
Date: APPROVED AS T� FORM:
. . . ... .
gy; y:
PJame : (Vame :
.... . .
Title: Title:
. .
76075 4 AAOA JFiG:MGO 10/99/99
Appenclix 2
First Amendment to Agreement Providing For Implementation
of the Santa Clara Valley Urban Runoff
Pollution Prevention Program
as fully executed as of March 10, 2005
sf-3677154
F�E��"�� ��� ��`��° ����� ���
����M�6�� ��� I��tm.� � �"�1'���
�F
°TH� ���T°��L.A����Lto.��
�1F���� �U�Q�� ��L�.�Ji"I�� �������"i�� �����
Tf�is firs� ���ndr�er�t ta Agr��m�r�fi prc�vidpng �c�r impl�m�r���tic�r� c�f the �an�a �I�r�
Valley l9rban Runaff F'c�liutic�n �rev�ntic�r� P'ragr�m (7"�€� ",�r��ndmer��") is ent�r�d in�a by�nd
betwe�n the �Af�T"� �[�R�,VALLEY t�l�4�'�� t�I�TRiGT, � lc�c�l pubii� �g�ncy af�h� �t�t� c��
California {�<I�istrict"}; CiTY C.��` CAIUIl���LL, � r�nurricipal ccarpc�r�tic�n af th� �t�t� of C�lifornia;
C1T�"t,►� �Ut��F�TINC7, a rr�ur�irip�l c�r�c►r��ir�n af#h� St�f� t�f�alifars�i�; CI1"Y C?�' LC)�
AL1�0�, � mur�icipal cor�r�ratian c�f the �tate c���ali�carrria; 1`(�W�1 �7F LC3�ALTC7� HIf�L�, �
municipal �orpt�r�ti�n of the St�te c�f C�lifc�rnia; �01N�1 t7F l.C3S �ATC?�, � murricipal
carparation of the St�te c�f Califarnia; CI�`�'C)F MIl�F''i�`,�5, � municipal c�rpor�tian af the ���t�
o�Caki�orr�i�; C1TY C)� M(�M1��'� �E�Ef�C), a municip�l rarpor�tio� of tt�� ����� of��liforni�;
C!�'Y C3� MOU�1��,1{� V1�W, � rrrfunicip�l �carpor�ticsn of the �t�t� c�f��li�arnia; CITY�F I��LC7
A,�.TO, � errunici��! ccarpcarafior� c�f the �t�te of��lifarnia; CIT'Y�F ���,TC��A, a municip�l
�arporatiran ca��h� �tat�of C�lifarnia; CiT�' �� �A�! JC7��, � rrrunicip�l cc�rpor�tic�n n�th� St�t�
af C�liforni�; CI�"Y OI� ��NT�C�.,0.R:�, � rriu�icipal crarpar�tir�rr c�f#he �tat� c�f C�lifor�i�; �ITY
n� ��NP�YVAL�, � m�ar�i�ipal cr�rp�rati�n �f the �ta�e�f�alif�rr�i�; �nd CQURlTY 4F ��NTA
�LARFa, � municip�l ccarpc�r�tiQn of the �t���raf C�lifornia.
AI( a�th�e�bove mentivr��d �n�iti�s �r� h�r�in��t�r r,�llec�iv�fy r�f�rr�d tn�� "F��rtie�" c�r
indevidually�s "��rty."
���Il'�L�
A. Tt�� Parti�s previously�n�er�d inte�th�t c�rtairt Agr��rnent �rc�viding �c�r
lmplementi�tio� c�f th� �ar��� Cl�ra 'V�II�y dJrb�n F�unof�F�oilutian (�r���ration Pr�gr�r�
{th�"A�gr�erri�e�t"c�r"�OA") pur�u�r�t��a vvhic� th� �arti��e�t�bli�h�d rerk�in t�rrrs� and
ca�ditican� r�l�ting �ca th� impl�mer��atic�r� �r�d c�ver�igl�t c��Che ��rsfi� �I�r� V�II�y Urb�n
(��n�ff Pollcatifln Pr���ntie�r� Prcagr��m {tt��°`F�rcagr�rn"}. �cc�p� af th� �gr��mer�t i�
�tt��hed I��r�fn �� Appendix �. U�I��� r�th�rvvi�e ��:t far�h her�in, �II t�rrrrs �h�il h�ve
the m����ing ��t fra�h i� �h�Agr�cmer�f;
�. �he �gre�m�rrt pravici�d �c�r a�iv�-y��r f�rr�, whict�, b���d an it� �x����ic�r�, i�
currerrtl���t tc� ccar��lud�tar� or�bflut M�rch 1�, �t�ClS;
C. �'he �arti�� e�p�ct tc� u�iiiz� th� f�rc�gr�rn ta �ub��i�� r��ppli�atic�r� fc�r th�
tJ�t��� f��rrr�i�ir� ��rl��Qt�S �r�d tca c�th�n�ri�� �ddr��s � v�ri�:�y�a�m�tt��� r�l�t�d �cr
��si��ing th� �arti�� in �ff�c�u�tir�g cc�mpl��nce �vith tt�e ��rmif aft�r i1��rch 10, 2Q05;
C�. '�h�; F��rti�� fh�re�crr� e���ir�ta ex�€�nd �h���rr� o�`�h� il��� �� �et�c��th k��Eow;
�. ��c�iar� 7.02 ca��he Ni�� pr�rvid�� th�t i�r��y b� �m��d�d I�y��i� un�r�i���a�
v`eritt�rr �greerri�r�t of khc� F°�rti�� �nd th�t ai! i��rtie� �gr�;e k� bring ar�y prc�pas�d
arraer�drr��nt� tc��h�:ir�aur��il o� �c��rd, a� �ppEic�bl�, �ithir� t�ar�� {3) m�anth� f��lcsw4�q
�cc�p��ra�� k��t�� �ll�r��g�rt-��r���ammitk��; �nd
1
� l�6.� y �6 i6�m.E'�.�i"� �q 8 9—&� 9—�I'��i�mi ��a,��6� 6`�Y�9 9'"8� ��(q�� �� ��/Sw�� �o
����t4Pl �i.
��ctiar� 6.t�2 of th�Agr��m�nt i� h�r�by�m�r�ded �s falic�w�:
6.02.C�1 Thi� �gr�err�en��haii cor�tinue in full fearce�ncl ��F�ct�ar ar� �ddifianal
on� year beyond i�s c�rigina! 4ermination d��e af Marcii 1�, 2C105, unl�ss
otherwis� fermin�t�d by the ��r�i�� in �c�ord�nc�; with ���tican 6.03.
������r� 2.
Section 2.t�4 a�the P.gr��menf is hereby�mer►d�d �s fcailc�vus:
2.04.Q1 �`he �'rogr�rin �h�fl cr�r�duct an independen� rev�ew by D���r�,ber 31,
2005 to evalu�t� th� PVIt�A's c�st allocation �c�rrnu&a �r�d evaluate khe
��rm, scQp� �nd cr��t of th� Program (1�t�A.
2
i� ��'���� ������, �(�� F��rfii�� h�v��;��c�t�d this�r�»r�d�r�nt e�f�c�ev� �s c��
�✓l�rch �0, 20Q�.
_
, ::
;.;:...; ...., .r , . , .
i :;,�,�;
��r�t� �6�r�� �"�IB�� 4��t�t°C)i�t�'��� �y: , �.: � ' .;;'..;;`` .�',;:'::.:`::�`..::.:.,..,.::..
P�l�rt-►�: - `,7`,,f ;�,'�� ;° f'' r ` ,
_ , j`i ! . ,.. .
�1�1�: „ . ..
-r /`I., r,
���-G': ,.. ,t•�;,'`�,rt i,_; s'.°
— f t
,�
��ea�����'��r�f� �l�r�: �y:
N�me:
Ti�l�:
C�at�;
�a�,��f �: �y:
N�me:
1 i��e:
L7�te:
3
Appendix 3
Second Amendment to Agreement Providing For Implementation
of the Santa Clara Valley Urban Runoff
Pollution Prevention Program
as fully executed as of March 10, 2006
sf-3 677154
s��o��a�E�r����v� �o ���E�E�r�r
PROVIDII�iG FOIt IIi�IPLEMENTATI01�1 OF
THE SANTA CI.ARA VALLEY U�2BAN RUNOFI+
POLLIJ'TI010i PREV�NTION PROGI2AM
THIS SECOND AMENDMENT TO AGREEMENT PROVIDING FOR
IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM (the "Amendment") is entered into by and
between the SANTA CLARA VALLEY WATER DISTRICT, a local public agency of
the State of California("District"); CITY OF CAMPBELL, a municipal corporation of
the State of California; CITY OF CUPERTINO, a municipal corporation of the State of
California; CITY OF LOS ALTOS, a municipal corporation of the State of California;
TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California;
TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF
MILPITAS, a municipal corporation of the State of California; CITY OF MONTE
SERENO, a municipal corporation of the State of California; CITY OF MOUNTAIN
VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a
municipal corporation of the State of California; CITY OF SAN JOSE, a municipal
corporation of the State of California; CITY OF SANTA CLARA, a municipal
corporation of the State of California; CITY OF SARATOGA, a municipal corporation
of the State of California; CITY OF SUNNYVALE, a municipal corporation of the State
of California; and COUNTY OF SANTA CLARA, a political subdivision of the State of
California.
All of the above-mentioned entities are hereinafter collectively referred to as
"Parties" or individually as"Party."
RECITALS
A. The Parties previously entered into that certain Agreement Providing For
Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program
(the "Agreement" or"MOA") pursuant to which the Parties established certain terms and
conditions relating to the implementation and oversight of the Santa Clara Valley Urban
Runoff Pollution Prevention Program (the"Program"), including a cost sharing
allocation, which was appended thereto as Exhibit A. A copy of the Agreement,
including Exhibit A, is attached hereto as Appendix 1. Unless otherwise set forth herein,
all terms shall have the meaning set forth in the Agreement;
B. The Agreement originally provided for a five year term, which,based on
its execution, was set to conclude on or about March 10, 2005. However, on or about
February 20, 2005, the Parties unanimously entered into a First Amendment to the
Agreement(attached hereto as Appendix 2), which extended the term of the Agreement
by one additional year and, during that year, directed the Program to undertake a
management and cost allocation review. The Program used an independent contractor to
conduct the management and cost allocation review, which was completed and submitted
to the Management Committee in November 2005;
1
C. The Parties expect to utilize the Program to continue to represent their
interests in negotiating the terms of a renewed NPDES Permit, which inay manifest itself
in a Municipal Regional Permit("MRP"), in 2006, and to otherwise address a variety of
inatters related to assisting the Parties in effectuating compliance with the Permit and/or
MRP after March 10, 2006;
D. The Parties also expect to continue to utilize the Program's preferred
approach of achieving consensus to resolve issues and reach decisions, and to rely on the
Majority Vote mechanism set forth in Section 2.08 of the Agreement at the Management
Committee level only when consensus-based resolutions appear or become elusive;
E. The Parties desire to update the Agreement and extend the term of the
MOA as set forth below;
F. Section 7.02 of the MOA provides that it may be amended by the
unanimous written agreement of the Parties and that all Parties agree to bring any
proposed amendments to their Council or Board, as applicable, within three (3)months
following acceptance by the Management Committee; and
G. The Program's Management Committee accepted this Amendment for
referral to the Parties' Councils and/or Boards at its meeting on December 15, 2005.
NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE AS
FOLLOWS:
1. Reco�nition of Current Permit. Recital F of the Agreement is hereby
amended by the following additional subsections:
3. Order No. O1-024 (re-issued NPDES Permit No. CAS029718); adopted
February 21, 2001;
4. Order No. O1-119 (Modification to re-issued NPDES Permit No.
CAS029718); adopted October 17, 2001;
5. Order No. RZ-2005-0035 (Further Modification to re-issued NPDES
Permit No. CAS029718); adopted July 20, 2005.
2. Cost Sharin�Allocation. Effective with fiscal year 2007, the following
footnote shall be deemed to have been added to "Exhibit A" of the MOA and to be shown
by means of an asterisk placed immediately following the Proportional Share of
"30.02%" shown for the District:
�One-third of the District's 30.02%contribution is expected to be from funding
derived by the District from Outcome 2 and Activity 2.5 of the voter-adopted
Clean Safe Creeks program; the remaining two-thirds of the District's
contribution is expected to be derived by the District from property tax revenues.
2
3. Contractin�/Fiscal A�ent. Section 4.02 of the Agreement is hereby replaced
by the following:
In March 2005, the District notified the Management Committee that it
was withdrawing as the Contracting/Fiscal Agent within ninety(90) days;
the City of Sunnyvale thereafter agreed to serve as the Contracting/Fiscal
Agent and was nominated to do so by another Party and selected as the
Program's Contracting/Fiscal Agent by a majority vote of the
Management Committee. The City of Sunnyvale may withdraw as the
Contracting/Fiscal Agent upon the provision of ninety (90) days written
notice to the Management Committee.
4. Extension of Term of A�reement. Sections 6.02 and 6.02.01 of the
Agreement, as previously amended, are hereby replaced as follows:
This Agreement shall have a term extending one fiscal year
beyond the termination date of the next NPDES Permit issued to
the Parties by the RWQCB-SFBR; such termination date shall,
include any administrative extension of the next NPDES
Permit's term which occurs pursuant to the NPDES regulations.
5. Subersedin�Effect. This Second Amendment of the Agreement shall
supersede and replace the First Amendment of the Agreement.
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Il�i WI'TNESS WI�EI2EOF, the Parties have executed this Amendinent effective as of
March 10, 2006.
Santa Clara i�alley WateN District: By:
Name:
Title:
Date:
County of Santa Clara: By:
Name:
Title:
Date:
City of . By:
Name:
Title:
Date:
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