16-138 Amendment #5 05-25-2021FIFTH AMENDMENT TO
COST SHARING AGREEMENT
#A4008Sc BETWEEN THE
SANTA CLARA VALLEY WATER DISTRICT
AND THE CITY OF CUPERTINO
FOR WATER CONSERVATION PROGRAMS
This Fifth Amendment (“Fifth Amendment”) between the Santa Clara Valley Water District (“VALLEY WATER”) and the City of
Cupertino (“CUPERTINO”) amends the Agreement No. A4008Sc, entered on July 1, 2016 (the “Agreement”), between VALLEY
WATER and CUPERTINO; First Amendment dated May 3, 2017; Second Amendment dated June 1, 2018; Third Amendment dated
May 14, 2019; and Fourth Amendment dated June 22, 2020 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
Fifth Amendment is effective on the last date signed below (“Fifth 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, 2021 to the earlier of
June 30, 2023, 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 from $120,000 to $230,500.
NOW, THEREFORE, the parties agree to amend the Agreement as follows:
1. Each reference to “WATER DISTRICT” is deleted and replaced with “VALLEY WATER”.
2. In the Agreement, Section 2. b), is amended to state as follows:
“b) CUPERTINO must pay VALLEY WATER as set forth below for each activity performed by VALLEY WATER in the
CUPERTINO service area:
1) For commercial and large multi-family sites, a Landscape Rebate Program maximum of up to $10,000 per
commercial site for the Landscape Conversion Program and the Rainwater Capture Program, as per VALLEY
WATER’S program requirements:
a. For the Landscape Conversion Program, provide up to $1.00 per each square foot of turf removed per qualified
commercial and large multi-family rebate;
b. For the Rainwater Capture Program:
i. Rain garden rebate: match $1 per square foot of roof area for a maximum of $300 per site;
ii. Rain barrel rebate: match up to $35 per rain barrel;
iii. Cistern rebate: match $0.50 per gallon.
2) For single-family and small multi-family sites, provide up to $1,000 per site for the Rainwater Capture Program, as
per VALLEY WATER’S program requirements:
a. Rain garden rebate: match $1 per square foot of roof area for a maximum of $300 per site;
b. Rain barrel rebate: match up to $35 per rain barrel;
c. Cistern rebate: match $0.50 per gallon.
3) For single-family and small multi-family sites, provide up to $1 per each square foot of turf removed per qualified
residential rebate, up to $1,000 per residential site, as per VALLEY WATER’s program requirements.
4) For the Graywater Rebate Program, provide 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."
3. 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 $205,500. 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 $230,500.”
4. In the Agreement, Section 5, is amended to state as follows:
“The term of the Agreement is from July 1, 2016 to June 30, 2023, or until funds are depleted, whichever occurs first. The
DocuSign Envelope ID: 8F60F597-8055-4BB5-B995-FF266E670349DocuSign Envelope ID: 57061604-9829-4535-B451-2ABE7834F544
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.”
5. All of the terms and conditions of the Agreement, First Amendment, Second Amendment, Third Amendment, and Fourth
Amendment not otherwise modified by this Fifth Amendment shall remain in full force and effect.
IN WITNESS THE EXECUTION HEREOF the parties agree that this Fifth Amendment shall be effective as of the Fifth
Amendment Effective Date set forth above, and have set forth below their consent to the terms and conditions of this Fifth
Amendment through the signatures of their duly authorized representatives.
SANTA CLARA VALLEY WATER DISTRICT
A Special District created by the California Legislature
Approved as to form:
By: By:
Joseph D. Aranda Rick L. Callender
Assistant District Counsel Chief Executive Officer
Date: _____________________________________
CITY OF CUPERTINO
Approved as to form:
By: By: _____________________________________
Heather Minner Deborah Feng
City Attorney City Manager
City of Cupertino City of Cupertino
Date: ___________________________________
Attest:
Kirsten Squarcia
City Clerk
Date:
1363155.1
DocuSign Envelope ID: 8F60F597-8055-4BB5-B995-FF266E670349
5/17/2021
DocuSign Envelope ID: 57061604-9829-4535-B451-2ABE7834F544
5/25/2021
5/25/2021