HomeMy WebLinkAboutComplete_with_Docusign_Food_Recovery_ProgramDocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
MEMORANDUM OF UNDERSTANDING
AMONG LOCAL PUBLIC AGENCIES
IN SANTA CLARA COUNTY
FOR COUNTYWIDE FOOD RECOVERY PROGRAM
This Memorandum of Understanding ("MOU") is entered into by and between the cities of Cupertino, a
municipal corporation of the state of California; Gilroy, a municipal corporation of the state of
California; Los Altos, a municipal corporation of the state of California; Milpitas, a municipal
corporation of the state of California; Morgan Hill, a municipal corporation of the state of California;
Mountain View, a municipal corporation of the state of California; Palo Alto, a municipal corporation of
the state of California; San Josh, a municipal corporation of the state of California; Santa Clara, a
municipal corporation of the state of California; Sunnyvale, a municipal corporation of the state of
California; the West Valley Solid Waste Management Authority (on behalf of the cities of Campbell,
Monte Sereno, Saratoga, and the Town of Los Gatos); the Town of Los Altos Hills, a municipal
corporation of the state of California; and the County of Santa Clara, a political subdivision of the State
of California; collectively "Parties" or individually as a "Party."
RECITALS
A. The signatory Parties are also "PARTIES" to the Memorandum of Agreement ("MOA") entered
into on June 14, 2013 for the Santa Clara County Recycling and Waste Reduction Technical
Advisory Committee ("TAC"), which is a separate Committee created to assist the County of
Santa Clara Recycling and Waste Reduction Commission ("RWRC" or "Commission") that
advances the interests of Party Jurisdictions by performing technical and policy review to inform
parties and advise the Commission on solid waste management issues, and bring together varied
expertise and viewpoints for planning and implementing the Commission approved annual
workplan and budget. The MOA, which remains in effect, is attached hereto and incorporated
herein by reference as Exhibit B.
B. California's Short -Lived Climate Pollutant Reduction law (SB 1383, Lara, Chapter 395, Statutes
of 2016) establishes methane reduction targets for California, including a target to increase
recovery by 20 percent of currently disposed edible food for human consumption by January 1,
2025.
C. To meet the mandated statewide goal, SB 1383 requires each Jurisdiction in California to
establish and monitor a robust food recovery program, which will strengthen the relationships
between commercial edible food generators and food recovery organizations within their
communities, requiring certain food businesses to send the maximum amount of edible food they
would otherwise dispose to food recovery organizations and/or services.
D. The Parties have previously agreed to jointly administer and fund the cost of a countywide
edible Food Recovery Program (the "Program") through the Memorandum of Understanding
Among Local Public Agencies in Santa Clara County for Food Recovery Program Costs entered
into and covering the time period of July 1, 2023 to June 30, 2024 ("Former MOU") to satisfy
their respective obligations under SB 1383 and the corresponding regulations. The Former MOU
is attached hereto as Exhibit C.
E. The Parties desire to execute this MOU to ensure ongoing operation of the countywide food
recovery program to provide for their respective share of costs for the Program.
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
F. The West Valley Solid Waste Management Authority ("Authority") was established by the cities of
Campbell, Monte Sereno, Saratoga, and the Town of Los Gatos (collectively referred to as the
"Member Agencies"), pursuant to the provisions of the Joint Exercise of Powers Act (Title 1,
Division 7, Article 1, Section 6500 et seq. of the California Government Code) to arrange for and
manage the waste reduction, collection, reuse, disposal, recycling, and diversion of discarded
materials originating in the participating municipalities; and in furtherance of that purpose, the
Member Agencies and the Authority have entered into agreements authorizing the Authority to act
as the representative of the Member Agencies in the Food Recovery Program.
NOW, THEREFORE, the Parties agree as follows:
SECTION 1. PURPOSE OF THE MOU
The purpose of this MOU is to establish a system of:
1) Ongoing management and operation of the Food Recovery Program.
2) Payment by the Parties for their share of the costs for implementation of the Program.
SECTION 2. EFFECTIVE DATE
This MOU shall be effective on July 1, 2024 ("Effective Date"), shall supersede the Former MOU, and
shall automatically renew each year for all Parties, unless a Party withdraws, in accordance with Section
20 (Withdrawal From MOU) and subject to a Party's annual appropriations of funds.
SECTION 3. DEFINITIONS
The original 2013 Memorandum of Agreement entered into between the parties (and as may be amended
from time to time) defined in detail the duties of the TAC Administrator, Contracting Agent, and Fiscal
Agent, and those definitions from the MOA shall apply to this MOU. For ease of reference, those
definitions are summarized below.
3.1 The TAC Administrator provides administration and management services to the TAC and carries
out the annual workplan.
3.2 The Contracting Agent executes contracts with outside contractors, including the Administrator and
the Fiscal Agent that have been requested and approved by the Implementation Committee.
3.3 The Fiscal Agent serves as the treasurer of the countywide funds and is responsible for collecting
the Solid Waste Planning Fee from all solid waste disposal facilities and non -disposal facilities located
within Santa Clara County.
3.4 The Program Manager is the entity contracted by the Contracting Agent on behalf of the RWRC to
implement the Santa Clara County Food Recovery Program.
Other terms used in this MOU that relate to the Food Recovery Program (e.g., including but not limited to
the term "Jurisdictions") are used as defined in SB 1383 and any implementing regulations, as may be
amended from time to time.
SECTION 4. RESPONSIBILITIES OF THE TAC ADMINISTRATOR AND CONTRACTING
AGENT
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4.1 The TAC Administrator will provide administration and management of the Program. These duties
include overseeing the work of the Program, development of the biennial budget, and inclusion of the
Program in the annual work plan and budget. The costs to perform these duties will be included in the annual
work plan and budget.
4.2 Contracts executed by the Contracting Agent with the Program, TAC Administrator and Fiscal
Agent will be based on the approved budget for the Program. The Contracting Agent will provide an
invoicing system to pay the Program Manager, TAC Administrator, and Fiscal Agent. The Contracting
Agent shall provide the TAC Administrator with the proposed costs to perform these duties. The signatory
Parties to this MOU (except when acting in their authorized capacities as Contracting Agent, TAC
Administrator, and Fiscal Agent) are not direct parties to the third -party contracts entered into by those
agents.
SECTION 5. RESPONSIBILITIES OF THE FISCAL AGENT
The Fiscal Agent will collect and receive funds from the Parties for implementation of the Countywide
Food Recovery Program. The Countywide Food Recovery Program Funds will be segregated
from the Countywide Solid Waste Program Funds in separately numbered and coded accounts that
are readily identifiable as those containing Countywide Food Recovery Program Funds or Countywide
Solid Waste Program Funds. The Fiscal Agent shall not expend, use or transfer any funds except in
accordance with the annual work plan and budget.
The Fiscal Agent shall provide the TAC Administrator with the proposed costs to perform these duties.
SECTION 6. RESPONSIBILITIES OF THE PROGRAM MANAGER
The Program Manager will implement the Santa Clara County Food Recovery Program as described
in Exhibit A.
SECTION 7. RESPONSIBILITIES OF THE PARTIES
The Parties will share costs of implementing the Program as described in Section 9 and undertake the
duties assumed by the Jurisdictions as described in Exhibit A.
SECTION 8. BIENNIAL BUDGET
The TAC Administrator will prepare a biennial (two-year) budget that encompasses costs for the Program
and Program Manager, the TAC Administrator, the Contracting Agent/Administration, and the Fiscal
Agent. Approval of the biennial budget shall follow the annual work plan and budget process as
specified in the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee MOA.
SECTION 9. FUNDING
9.1 The Parties agree to share costs of the Program based on the number of edible food generators, as
defined by the California Code of Regulations (14 CCR Section 18982) operating in their Jurisdiction on
an annual basis, according to the following formula: Parry's Annual Share = (Total Budgeted Cost for Year
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DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
Total Number of Edible Food Generators Under MOU) x Number of Edible Food Generators in Party's
Jurisdiction.
The Parties agree to pay annually for the costs identified in the biennial budget and approved through the
annual work plan and budget process as specified in the Santa Clara County Recycling and Waste Reduction
Technical Advisory Committee MOA.
9.2 The initial Program budget will be based on the Fiscal Year 2024 allocation including costs for the
Fiscal Agent, totaling THREE HUNDRED AND TEN THOUSAND DOLLARS ($310,000). No costs for
TAC Administrator or Contracting Agent are included in the initial Program budget. Should cost recovery
for the TAC Administrator or Contracting Agent be required in the future, these will be proposed during the
annual work plan and budget process.
9.3 The Parties acknowledge that the Program Manager will evaluate the costs per Jurisdiction
annually based on the number of generators operating within each Jurisdiction. Based on this evaluation, a
cost adjustment will be projected to the second year of the biennial budget (see Section 8 above). The
overall Program budget will not increase by more than TEN PERCENT (10%) of the prior year's Program
budget without prior approval by the RWRC.
9.4 The Fiscal Agent will annually submit to the Parties an invoice for the amounts due under this
MOU by May 15th of each year. Each Party will make their payment to the Fiscal Agent based on the
invoice amount within ninety (90) calendar days of receipt.
9.5 The Fiscal Agent will ensure that the Santa Clara County Food Recovery Program Fund account
is segregated from the Solid Waste Program Fee Fund account managed pursuant to the TAC MOA.
9.6 Should any unspent funds remain in the Santa Clara County Food Recovery Program Fund
account at the end of the fiscal year, disposition of those funds will be decided by the RWRC through the
annual work plan and budget process, which could include: retaining surplus funds as a reserve, crediting
Jurisdictions toward future payment allocations, dedicating funding to food recovery infrastructure, and
providing supplemental food recovery outreach and education or other food recovery program activities.
9.7 Jurisdictions wishing to contribute additional funds for the edible food recovery enhancement
program, implemented by the Program Manager, may elect to do so during the annual work plan and
budget process. Any Jurisdiction opting into any voluntary enhancement program shall do so at its own
discretion and at its own cost. The Fiscal Agent will include the additional enhancement program funding
formally selected by the Jurisdiction in the annual invoice submitted to each Party by May 15th of each
year.
9.8 In the event of a CalRecycle Implementation Schedule for a food recovery capacity shortfall
identified during a Santa Clara County Edible Food Recovery Capacity Assessment, the Program budget
may increase by more than TEN PERCENT (10%) of the prior year's Program budget if needed to fund
necessary capacity improvements as outlined in the CalRecycle Implementation Schedule, following prior
approval of the budget increase by the RWRC.
SECTION 10. BOOKS AND ACCOUNTS
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DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
The Fiscal Agent will keep complete and accurate financial records related to accomplishing the
purposes of this MOU. Upon reasonable notice to the Fiscal Agent, any Party to this MOU may inspect
the financial records related to this MOU.
SECTION 11. FURTHER ASSURANCES
Each Party will adopt, execute, and make any and all further assurances, documents, instruments and
resolutions as may be reasonably necessary or proper to carry out the intention or to facilitate the
Parties 'performance of their obligations under this MOU.
SECTION 12. REPRESENTATIONS AND WARRANTIES
Each Party represents and warrants to all other Parties as follows:
12.1 Authority: Each Party has the full legal right, power and authority under the laws of the State of
California to enter into this MOU and to carry out all of its obligations herein.
12.2 Due Execution: Each Party's representatives who sign this MOU are duly authorized to sign and
bind their respective agency.
12.3 Valid, Binding, and Enforceable Obligations: This MOU has been authorized and executed by
each Party and constitutes the legal, valid, and binding agreement of the Parties, and is enforceable
according to its terms.
SECTION 13. REMEDIES NOT EXCLUSIVE
No remedy herein conferred upon or reserved in this MOU is exclusive of any other remedy, and each
such remedy shall be cumulative and shall be in addition to every other remedy provided hereunder or
hereafter existing in law or in equity or by statute or otherwise, and all remedies may be exercised
without exhausting and without regard to any other remedy.
SECTION 14. INDEMNIFICATION
In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the
Parties 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, 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 in 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 MOU (including but not limited to work engaged in or contracts entered into by a Party
acting in their capacity as Contracting Agent, Program Manager, TAC Administrator, or Fiscal Agent.). No
Party, nor any officer, board member, or agent thereof shall be responsible for any damage or liability
occurring by reason of the negligent acts or omissions or willful misconduct of any other Party hereto, its
officers, board members, employees, or agents, under or in connection with or arising out of any work
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
authority or Jurisdiction delegated to such other Party under this MOU, as indicated in this Section. The
obligations set forth in this paragraph will survive termination and expiration of this MOU.
SECTION 15. SEVERABILITY
The provisions of this MOU shall be severable, and if any clause, sentence, paragraph, provision or other
part shall be adjudged by any court of competent jurisdiction to be invalid, void, or unenforceable, the
remaining provisions of this MOU will be valid and binding on the Parties.
SECTION 16. AMENDMENTS
This MOU may only be amended by a written instrument signed by the Parties.
SECTION 17. COUNTERPARTS
This MOU may be executed in counterparts, each of which shall be deemed to be an original, but all of
which together shall constitute one and the same instrument.
SECTION 18. USE OF ELECTRONIC SIGNATURES
Unless otherwise prohibited by law, 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 writing as set forth in Evidence
Code Section 1550. The term "electronically signed contract" means a contract that is executed by applying
an electronic signature using technology approved by the Parties. Should any Jurisdiction not permit
electronic signatures only their copy of the MOU must be signed in the conventional manner.
SECTION 19. INTERPRETATION, PRIOR AGREEMENTS AND AMENDMENTS.
This MOU, including all Exhibits attached hereto, represents the entire understanding of the Parties as to
those matters contained herein. In the event that the terms specified in any of the Exhibits attached hereto
conflict with any of the terms specified in the body of this MOU, the terms specified in the body of this
MOU shall control. No prior oral or written understanding shall be of any force or effect with respect to
those matters covered hereunder. This MOU may be modified only by a written amendment duly executed
by the Parties to this MOU. This MOU is intended to supplement the original MOA and does not replace
the original MOA. The MOA shall remain in effect and to the extent that there are any contradictions
between this MOU and the original MOA, the provisions in this MOU shall prevail.
SECTION 20. WITHDRAWAL FROM MOU
No individual Party may withdraw from this Agreement prior to July 1, 2025. Any party wishing to
withdraw on or after July 1, 2025 must provide notice to the Contracting Agent on or before January 15 of
each year. The Parties acknowledge that the Contracting Agent and each individual Party may recalculate
Agreement costs pro rata in the event of any withdrawal from this Agreement and that this time is required
in order to allow each remaining Party and the Contracting Agent to amend their respective budgets if
needed. Any withdrawing Party must make full payments through the end of the -then current term ending
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
on June 30. In no event shall this clause to be interpreted to prevent all Parties by unanimous mutual
consent from withdrawing from this Agreement.
SECTION 21. NO LEGAL RELATIONSHIP
By entering into this MOU, the Parties are neither forming, nor do they intend to form a partnership,
agency, or any other legal entity relationship. No Party is authorized to bind or to act as the agent or legal
representative of the other Party for any purpose, and neither Party is granted any express or implied right
or authority to assume or create any obligation or responsibility on behalf of or in the name of any other
Party.
SECTION 22. GOVERNING LAW, VENUE
This MOU has been executed and delivered in, and shall be construed and enforced in accordance with, the
laws of the State of California. Proper venue for legal action regarding this MOU shall be in the County of
Santa Clara.
MEMORANDUM OF UNDERSTANDING
AMONG LOCAL PUBLIC AGENCIES
IN SANTA CLARA COUNTY
FOR COUNTYWIDE FOOD RECOVERY PROGRAM
IN WITNESS HEREOF, the Parties have executed the MOU as of the last date set forth below:
DocuSigned by:
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i y o upertino — City Manager
Date: 6/12/2024
5�lDocuSigned by:
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City of Gi oy- City Manager
Date: 6/18/2024
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pprova� as to form, Cupertino City
Attorney
Date: 6/12/2024
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DocuSigned by:
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1979C9EB5684711
Approval as to form, Gilroy City
Attorney
Date: 6/18/2024
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
DocuSigned by:
2E359148049E
City off`) os Altos
— City Manager
Date: 6/12/2024
DocuSigned by:
Pow pimal
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own o4os Altos Hills —Town
Manager
Date: 6/21/2024
DocuSigned by:
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CiTty o i pit — City Manager
Date: 6/19/2024
DocuSigned by:
S}" uYr kr
iylofFlorgan Hill, as a Party and as
Contracting Agent and TAC
Administrator
Date: 6/21/2024
FDocuSigned by:
dwa4 arms
City2ofmountain View- Acting Public
Works Director
DocuSigned by �\
'AVffWfffI"4t,o form, Los Altos City
Attorney
Date: 6/18/2024
DocuSigned by:
icvu. 11�.a�}as
ffl9ft3to form, Los Altos Hills
Town Attorney
Date: 6/21/2024
DocuSigned by:
WWVU 910 form, Milpitas City
Attorney
Date: 6/20/2024
DocuSigned by:
BFE66AF96 2C451..
Approva as to form, Morgan Hill City
Attorney
Date: 6/13/2024
DocuSigned by:
f�96f Mffitain View — Finance and
Administrative Services Director
Date: 6/12/2024 Date: 6/14/2024
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
FDocuSigne d by:, /� _,,�
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City o ountain View- City Manager
Date: 6/12/2024
DocuSigned by:
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City o Mountain View -Assistant City
Clerk
Date: 6/14/2024
1DocuSigned by:
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City of Palo Alto — City Manager
Date: 6/19/2024
DocuSigned by:
1 vb 4�o
es'°a��ey Solid Waste Management
Authority (on behalf of the cities of
Campbell, Monte Sereno, Saratoga, and
the Town of Los Gatos) -Executive
Director
Date: 6/13/2024
DocuSigne��dl1by:
�iv�Aan. 1/. GV'blf0itit,
ityo §anta Clara - City Manager
Date: 6/24/2024
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FDocuSigned by:
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Approva�as to form, Mountain View
Senior Assistant City Attorney
Date: 6/12/2024
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YUVCl19C14g to form, Palo Alto Assistant
City Attorney
Date: 6/19/2024
�I DocuSigned by:
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Approval as to form, West Valley Solid
Waste Management Authority Attorney
Date: 6/24/2024
DocuSigned by:
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2CE041664 D049C..
Approval as to form, Santa Clara City
Attorney
Date: 6/13/2024
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
DocuSigned by:
ity o Sunnyvale — City Manager
Date: 6/19/2024
DocuSigned by:
L24ED93D3C99.
County o Ma Clara, as a Party and as
Fiscal Agent - Chief Operating Officer
Date: 6/19/2024
City of San Jose, Director of the City
Manager's Office of Administration,
Policy and Intergovernmental Relations
Date:
10
FDocuSigned by:
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Approva as to form, Sunnyvale Interim
City Attorney
Date: 6/19/2024
DocuSigned by:
(AU, NNtitU,
'dk to form and legality, Santa
Clara County Deputy County Counsel
Date: 6/13/2024
Approval as to form, San Jose
Senior Deputy City Attorney
Date:
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
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DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
EXHIBIT A
PROGRAM OVERVIEW
This document describes the Santa Clara County Food Recovery Program, serving as the food recovery
program ("Program") on behalf of all jurisdictions ("Jurisdictions") within the County, coordinating
with the Jurisdictions performing their own enforcement. The details of the Program conform to the
California Code of Regulations (14 CCR Section 18995.2 (f)(8), 14 CCR Section 18991.2 14 CCR
Section 18991.1).
I. PURPOSE
The Countywide Program benefits the Jurisdictions by alleviating the need for duplicative staff, cost
analysis, capacity assessment, expenditures for infrastructure, labor, administration, and record keeping
for the edible food recovery activities in their Jurisdiction. Additionally, this approach creates one
uniform, standardized, and coordinated effort throughout the incorporated and unincorporated areas of
Santa Clara County.
II. RESPONSIBILITIES
Jurisdictions
A. Shall develop a method to accept and keep records of written complaints, including anonymous
complaints, regarding an entity that may be potentially non-compliant. Full details of the
complaint will be communicated to the Program Manager within 10 days of receipt.
B. Shall refer all questions received about the Program portions of SB 1383 implementation to the
Program Manager within 10 business days. Jurisdictions should include the Program Manager
in all communications to generators or food recovery organizations or services.
C. Shall maintain access to the shared database program to stay in compliance with the intent and
structure of the Implementation Record which shall follow the format and elements as
promulgated by CalRecycle, or other relevant statutory or administrative requirements.
D. On an annual basis, Jurisdictions shall review and provide feedback to the Program Manager on
inspection protocol, triggers, and enforcement processes. Cities and unincorporated County are
encouraged to follow the procedures and stay within the suggested timeline for enforcement
action set forth in the Monitoring Procedures document.
E. When informed by the Program Manager, Jurisdictions will work with the Program Manager in
carrying out enforcement action with edible food generators or food recovery organizations or
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services not in compliance. The Program Manager will recommend edible food generators or
food recovery organizations or services for enforcement action, and the enforcement action
taken will be at the discretion of the Jurisdiction. All enforcement action will be tracked in the
Program's shared database, so it is readily available to the Program Manager, Jurisdictions, and
can become part of the Implementation Record.
F. Jurisdictions will determine what large events are happening in their jurisdiction. Within 10
days of an applicant being issued a permit for a new large event, as defined below, the
Jurisdiction will notify the Program about the event, and share contact information for the event
organizer. This is only for large events that meet the CalRecycle threshold for the definition:
"Large Event" means an event, including, but not limited to, a sporting event or a flea market,
that charges an admission price, or is operated by a local agency, and serves an average of more
than 2,000 individuals per day of operation of the event, at a location that includes, but is not
limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system,
or other open space when being used for an event. By September 1 of each year, Jurisdictions
will review the large events included in the shared database of regulated entities, to update the
database to ensure no recurring events have been missed.
G. Shall work with the Program Manager on any related issues requiring Program assistance or
lead in resolving the issue(s) related to complaints and/or noncompliance for any edible food
generator or Food Recovery Organization or Service.
Program Manager
The Program Manager shall responsibly execute the management of the Santa Clara County Food
Recovery Program (the Program). The Program Manager:
A. Shall develop and coordinate a standardized and uniform method to comply with California
Code of Regulations, Title 14, Division 7, Chapter 12, "Short -Lived Climate Pollutants." The
Program Manager will operate within the Jurisdiction's boundaries and replace the need for the
Jurisdiction to create such a program on its own.
B. In the event of a CalRecycle Implementation Schedule for a food recovery capacity shortfall
identified during a Santa Clara County Edible Food Recovery Capacity Assessment, The
Program will work to develop the Implementation Schedule with CalRecycle and manage the
effort to fund necessary capacity improvements as outlined in the Schedule. Additional Base
Program costs beyond the allowable 10% yearly increase may be needed. The RWRC will
review and approve or deny any needed budget changes. Funds will be collected based on the
number of edible food generators and their auxiliary sites in each Jurisdiction.
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C. Shall conduct a review, each fiscal year, of potential new edible food generators, to ensure that
as businesses open in Santa Clara County the appropriate regulated entities are added to the
lists. Closing businesses will be identified during the reporting process and be eliminated from
the lists.
D. Shall provide the Jurisdictions with the information and data necessary for the Jurisdictions to
make their required reports to the California Department of Resources, Recycling and Recovery
("CalRecycle").
E. Shall retain records of inspections in the Jurisdictions for a minimum of five (5) years.
F. Shall notify the Jurisdictions promptly about any related issues that require the Jurisdictions '
assistance or to request the Jurisdictions lead in resolving the issue(s) that arise related to non-
compliance.
G. Shall fulfill and endeavor to exceed the annual education requirement for the Jurisdictions and
provide the data needed for Jurisdictions to complete required CalRecycle reports.
H. Solicit required Food Recovery Reports from generators and Food Recovery
Organization/Services, compile and provide the results to Jurisdictions for inclusion in the
Implementation Records, and to Santa Clara County for use in future Capacity Planning efforts.
I. Shall conduct inspections and monitoring in compliance with CalRecycle expectations for
Edible Food Generators and Food Recovery Organizations and Services.
J. The Program shall supply appropriate content for a web site, including a list of Food Recovery
Organizations and Services (to be updated at least annually) and be accessible to Edible Food
Generators.
K. The Program shall represent the interests of the Program with other entities, counties, and
CalRecycle.
L. The Program will develop procedures and timelines for cities and unincorporated County to
encourage uniformity in enforcement, which the Cities and County would be encouraged to
follow.
M. The Program shall create reports about Program activities each year in September, ahead of the
budgeting process for the next fiscal year. These reports shall include a narrative about the Food
Recovery Program activities, statistics, total number of pounds of food recovered as reported by
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Edible Food Generators and Food Recovery Organizations ("FROs"), and any additional
information needed by the Jurisdictions. Statistics about food waste prevention and food
recovery in Santa Clara County will be shared publicly.
Edible Food Recovery Enhancements Program
The Edible Food Recovery Enhancements Program are any activities, annually identified by the
Program Manager, that the Program Manager will undertake to ensure efficient food recovery and food
waste prevention should the Jurisdictions choose to fund the chosen projects. Projects may include, but
are not limited to, strategic capacity enhancements, projects that promote the efficient recovery of
surplus food or the prevention of surplus food, as well as direct support of ongoing recovery activities,
subject to approval of the RWRC.
Technical Advisory Committee Contracting Agent
A. The Contracting Agent will execute a contract with the Program Manager, chosen by the TAC,
for the services outlined in the responsibilities above. The Contract will go into greater detail to
ensure that all SB 1383 regulatory imperatives are handled by the Program.
B. The Contracting Agent will set up an invoicing system to pay the Program for the
responsibilities outlined above.
III. ENFORCEMENT RESPONSIBILITIES FOR JURISDICTIONS
Each Jurisdiction is responsible for working with the Program on enforcement actions. Although the
Jurisdiction is ultimately responsible for enforcement, the Program will support the process by drafting
enforcement notices and necessary documents and by providing relevant information about previous
inspections and attempts to support compliance. The Program will identify those businesses that need
to be evaluated for enforcement action and will work with a Jurisdiction to ensure that CalRecycle
compliant documentation is maintained.
IV. RECORDKEEPING AND REPORTING
The Program will complete all the record keeping tasks necessary for the Food Recovery Program
portions of SB 1383, including records necessary for the Implementation Record. All necessary records
will be stored digitally within 5 days of creation, and Jurisdictions will have real-time access to all
these records.
The Program shall create a very brief report about Program activities at the end of each fiscal year.
Most programmatic information will be shared in September in the annual report.
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EXHIBIT B
AGREEMENT
CREATING THE SANTA CLARA COUNTY
RECYCLING AND WASTE REDUCTION
TECHNICAL ADVISORY COMMITTEE
THIS AGREEMENT, is made -and entered into this h day of �UlAe
2013 by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of
California; CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF
CUPERTINO, a municipal corporation of the State of California; CITY OF GILROY, 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 MORGAN HILL, 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 chartered 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. In 1989, the California Legislature passed and enacted the California Integrated Waste
Management Act, known as "AB 939", (Public Resources Code Section 40000 et. seq)
requiring jurisdictions' to divert 25% of waste From disposal by 1995 and 50% of waste
from disposal by 2000. AB 939 required each County to develop and periodically update
a County Integrated Waste Management Plan and to appoint an AB 939 Local Task
Force.
B. Prior to 1992, the Solid Waste Committee of the Santa Clara County Intergovernmental
Council advised the cities and the County on solid waste and recycling issues. "rhe
Technical Advisory Committee, also originally convened by the Intergovernmental
Council, provided technical advice to the Solid Waste Committee on solid waste and
recycling issues.
C. On or about February 1992, the Santa Clara County Board of Supervisors and the cities
in Santa Clara County designated the Solid Waste Committee of the Intergovernmental
Council as the AB 939 Task Force for Santa Clara County.
D. On February 4, 1992, the Santa Clara County Board of Supervisors replaced the
Solid Waste Committee of the Intergovernmental Council with the Solid Waste
Commission of Santa Clara County ("Commission") in order to streamline the
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decision-making process on solid waste and recycling issues. (Ordinance No. NS -
300.495) The powers and duties of the Commission are defined in Chapter XVII,
Division A6 of the County of Santa Clara Ordinance Code.
E. On December 4, 2001, the Santa Clara County Board of Supervisors approved
Ordinance No. NS -300.658 changing the name of the Commission to the Recycling and
Waste Reduction Commission of Santa Clara County.
F. The Commission advises city councils and the Board of Supervisors in Santa Clara
County on countywide solid waste and recycling planning issues and on the County Solid
Waste Management Plan/County Integrated Waste Management Plan.
G. The By -Laws of the Commission (also approved by the County Board of Supervisors on
February 4, 1992) continued the existence of the Recycling and Waste Reduction
Technical Advisory Committee (the "TAC"). The purpose of the TAC was to provide
technical advice to the Commission on solid waste management and policy; to bring
together a wide spectrum of viewpoints and expertise on countywide solid waste and
recycling issues affecting individual jurisdictions; and to assist in development of policies,
programs and revisions and amendments to countywide plans.
H. On an annual basis, the TAC prepares and submits an Annual Workplan and Budget for
review and approval by the Commission. The Commission -approved Annual Workplan is
then implemented by the TAC using funds in the Commission -approved Annual Budget.
In accordance with the AB 939 provisions for financing solid waste diversion and planning
activities, the County of Santa Clara levies and collects the Countywide Solid Waste
Planning Fee ("SWPF") on each ton of solid waste disposed at landfills located within the
County, on tons taken to non -disposal facilities located within the county and
subsequently transported for disposal to landfills outside Santa Clara County, and on
tons transported directly to disposal facilities located outside Santa Clara County. The
current SWPF of $0.78 per ton was established by the County Board of Supervisors on
May 19, 2009. Funds from the SWPF are used to fund the activities and programs of the
Commission and the TAC. In addition, funds from grants, voluntary contributions from
other agencies and other revenue sources are used to fund these activities and
programs. Such funds, including monies from the SWPF, are referred to herein as
"Countywide Funds".
J. In 2011, Assembly Bill 341 ("AB 341") was signed into law establishing a statewide goal
of diverting 75% of solid waste from disposal by 2020 and requiring The California
Department of Resources, Recycling and Recovery to prepare and submit a plan to the
Legislature on or before January 1, 2014 on how to achieve this goal.
K. Since the TAC was originally established, the field of solid waste management and
recycling has become much more complex and the PARTIES must comply with an
increasing number of laws and regulations. In order to achieve the statewide goal of 75%
diversion, many materials currently disposed in landfills must be segregated and
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processed at new facilities, and channeled into useful purposes. New infrastructure,
diversion systems and enhanced producer responsibility measures must be implemented
in order to accomplish this goal.
L. Commensurate with changes in the breadth and complexity of the solid waste and
recycling field, the work and functions of the TAC have. evolved over time to encompass
not only providing advice to the Commission, but also recommending, implementing and
monitoring countywide public education and diversion programs included in the
Commission -approved Annual Workplan and Budget where it is cost effective for the
PARTIES to jointly provide such programs.
M. The. TAC requires expanded powers and authority to monitor ongoing staffing support for
programs in the Commission -approved Annual Workplan as well as the power and
authority to recommend, monitor and audit the funding for these programs, at the levels
contained in the Commission -approved Annual Budget.
N. In order to address these issues, the Commission appointed the Ad Hoc Committee for
TAC Organizational Study, and -the TAC appointed the TAC Ad Hoc Organizational Study
Subcommittee. Pursuant to recommendations from these Committees, the County
retained Arroyo Associates in 2010 to conduct an independent Organizational Study. The
study evaluated the countywide integrated waste management programs and services
and provided operational and organizational recommendations to enhance the efficiency
and effectiveness of the countywide solid waste management system. The
Commission's Ad Hoc Committee held a meeting on May 29, 2012 with representatives
of the TAC and the public to discuss the recommendations of the Organizational Study
and options for restructuring the operating parameters of the TAC.
O. The purpose of this Agreement is to implement ,the recommendations of the
Commission's Ad Hoc Committee and the TAC Ad Hoc Subcommittee to revise the
functions, powers, membership, structure and duties of the TAC to make these consistent
with the manner in which the TAC currently functions; and to simplify the reporting
relationship between the Commission and the TAC. Such changes are desired by the
PARTIES in order to facilitate countywide and regional approaches for meeting the
statewide goal of 75% diversion articulated in AB 341; remaining in compliance with the
existing requirements of AB 939, SB 1016 and all other state and federal laws and
regulations, and planning for the goal of zero waste in the future.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
PURPOSES AND FUNDING
The Santa Clara County Recycling and Waste Reduction Technical Advisory Committee
("TAC") is hereby established to replace the Recycling and Waste Reduction Technical
Advisory Committee referred to in Article V of the Commission Bylaws dated October
2001.
A. Purposes. The purposes of the TAC are:
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1. To implement the Commission -approved Annual Workplan and Budget;
2. To advise the Commission and the decision-making bodies of all PARTIES on
technical and policy issues related to solid waste management and recycling including
plans to achieve the statewide AB 341 goal of 75% diversion by 2020 and plans for
working toward the goal of zero waste;
3. To bring together a wide spectrum of viewpoints and expertise to focus on
countywide solid waste management, issues affecting individual communities, and solid
waste and recycling issues affecting public environmental health;
4. To assist in development of policies, programs and revisions and amendments
to countywide plans that can meet countywide needs and, thus, receive countywide
approval;
5. To provide a forum for exchange of solid waste, recycling, composting and
other diversion information;
6. To inform the PARTIES' respective agencies and jurisdictions about issues
and recommendations of the Commission, and perform follow-up actions, as necessary;
7. To recommend Commission approval of countywide programs to maximize the
effectiveness of local funds spent for public education and recycling programs, and to
implement and monitor such programs.
8. To assist with future master planning for facilities and infrastructure, as
requested by the Commission.
9. To perform technical and policy review and make technical and policy
recommendations to the Commission and technical recommendations to the PARTIES
concerning best practices in solid and hazardous waste management; recycling,
composting, diversion programs, source reduction; litter reduction on land; reduction of
litter that originates from the storage, collection, transportation, and processing of solid
waste, recyclable materials and organic materials that affects water quality in local
creeks, San Francisco Bay, and oceans; and 'cradle -to -cradle' extended producer
responsibility for products and packaging from creation through use and ultimate
recycling or other disposition, with regard to:
a. The feasibility of technical proposals;
b. Analysis of issues and problems in solid waste management;
c. Proposed and/or needed national and state legislation and policies;
d. New infrastructure required to achieve countywide goals, and;
e. Financing and management options for creation of such infrastructure.
10. To perform other duties as directed by the Commission.
B. Funding. The TAC is funded by the Solid Waste Planning Fee ("SWPF") that is
charged to customers by the operators of all disposal and non -disposal facilities located
within the County of Santa Clara, and remitted, by those facility operators, to the County
of Santa Clara. The SWPF is also charged on tons of solid waste that are hauled directly
to out -of -county disposal facilities. The amount of the SWPF is established by the Board
of Supervisors based upon input and recommendations from the Commission and the
TAC Implementation Committee. Additional revenues come from grants, voluntary
contributions of other agencies and other sources. These, together with the SWPF funds
constitute the Countywide Funds used to fund the Commission -approved Annual
Workplan and Budget.
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II. COMPOSITION
A. Voting members, not to exceed 27 in number, shall include:
1. One (1) staff person from each City or Town that is a PARTY
2. Three (3) staff persons from the County as follows:
a. One (1) to represent the Unincorporated Area
b. One (1) to represent County interests related to environmental health
c. One (1) to represent County interests related to integrated waste
management
3. One (1) staff person from the Santa Clara Valley Water District
4. Up to eight (8) persons from non-governmental organizations appointed by the
Commission as follows:
a. No more than three (3) representing for-profit industry groups and/or
business organizations (however, no member shall represent a single for-profit
company)
b. No more than four (4) representatives of non-profit groups that advocate for
source reduction, recycling programs, sustainability, and/or producer
responsibility
c. No more than two (2) representatives of institutions of higher learning
located within Santa Clara County
B. Appointment of Members. All members representing a public agency shall be re-
designated annually via a letter on agency letterhead addressed to the TAC Administrator
("Administrator"). The Commission will accept requests and nominations for non-
governmental organizations to serve on the TAC. The Administrator will publish a notice
in a daily local newspaper of general circulation to a minimum of two -hundred fifty
thousand (250,000) people in September of every other year announcing that
nominations and requests to serve are being accepted. The Administrator will take other
reasonable and cost-effective measures to distribute the announcement via other media,
including, but not limited to, websites, local publications and social media, to reach
persons who might not see the notice in a daily newspaper. The Commission will select
the non-governmental organizations to be represented on the TAC. Those organizations
will, in turn, submit a letter to the Administrator designating a member and an alternate.
Members representing non-governmental organizations shall serve for a period of two (2)
years beginning in January. At the end of that time, the Commission shall select the non-
governmental organizations to be represented on the TAC for the new two (2) year term.
The initial group of non-governmental organization representatives will be selected by the
Commission on or before December 31, 2013 and will begin serving their terms on
January 1, 2014. The Administrator will publish a notice in the newspaper, and distribute
the notice via other suitable media, in September 2013 announcing that the Commission
will consider nominations and applications for non-governmental organizations to be
represented on the TAC.
C. Alternates. Each PARTY may designate one or more alternate representative(s)
to serve in the absence of the regular member. The alternate(s) will be designated in
writing as described in Section II B. Alternates may serve on TAC committees,
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subcomrrlittees, and ad hoc subcommittees.
D. Vacancies. Each PARTY is responsible for designating a replacement for its
member if the member can no longer serve. In the event of a vacancy, the Chair shall,
by letter, request that the PARTY designate a new member. If -a vacancy occurs with
regard to a representative of a non-governmental organization, the Administrator shall
notify the non-governmental organization to designate a, new member. In the event the
non-governmental organization declines, the TAC shall notify the Commission and
request that a new non-governmental organization be selected to fill the remainder of the
term created by the vacancy.
E. Attendance. Attendance at meetings is vital to the proper and effective
functioning of the TAC. Three (3) consecutive absences or a member missing over Fifty
percent (50%) of the TAC meetings in a calendar year are sufficient grounds for the
Administrator to notify the member and request their attendance. Should a PARTY be
unable to send its representative to meetings for an extended period of time, the PARTY
shall notify the Chair in writing on letterhead and a replacement representative will not be
requested from that PARTY.
III. QUORUM AND VOTING
A. Quorum. A quorum consists of thirteen (13) voting mernbers physically present
at a meeting. -
B. Voting. Actions of the TAC shall be taken by a majority vote of the members
present at the meeting. Each member has one vote. (See Section VI B for voting and
quorum requirements for the Implementation Committee that differ from those for the full
TAC.)
C. Attendance From A Remote Location. In the event of an unavoidable schedule
conflict, a member may participate in a meeting from a remote location via telephone or
video -conference provided that all requirements of the Brown Act (Government Code
Section 54950, et seq.) are met and further provided that the scheduled meeting room
has the technical capability to accommodate the request. In such event, the member will
notify the Administrator at least ten (10) days in advance of the meeting and ask to attend
from a remote location. The Administrator will advise the member if this is possible. If so,
the Administrator will comply with all Brown Act requirements including stating the
alternate location in the meeting notice. The member shall also comply with all Brown Act
requirements in Government Code Section 54953 (b), including, but not limited to,
posting a meeting notice and agenda on the door of the remote location for the duration
of the meeting, and allowing members of the public to participate in the meeting from -the
remote location along with the member. The member's vote will be counted; however,
the member will not be included in the count to determine a quorum. Attendance from a
remote location is to be used only in rare cases of unavoidable schedule conflicts. In-
person attendance and participation at meetings is strongly preferred and encouraged.
D. Bylaws. The TAC may, as necessary, recommend adoption of Bylaws for its
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governance to the Commission for approval, and operate according to Bylaws approved
by the Commission. In the event revisions to Commission -approved Bylaws are desired,
the TAC may recommend such revisions to the Commission.
IV. OFFICERS AND THEIR RESPONSIBILITIES
A. Officer Positions. The officers of the TAC shall be the Chair, Vice Chair, and the
Subcommittee Chairs. The Chair and Vice Chair of the TAC must be voting members or
.alternates representing a PARTY.
B. Election and Term. Each officer shall be elected by majority vote of a quorum of
the voting membership at the last meeting of each calendar year or as soon thereafter as
possible. All officers' terms begin with the first meeting of each calendar year.
C. Duties. The Chair of the TAC shall be responsible for chairing all meetings of the
TAC and the Implementation Committee (IC), and representing the TAC and the IC at
Commission meetings. The Chair shall approve the draft agendas for TAC and IC
meetings, except that any agenda item proposed by two (2) or more voting members
must be placed on the next available agenda. The Vice Chair shall serve as the Chair in
the Chair's absence. The Chairs of the Subcommittees shall be responsible for calling
meetings of their respective Subcommittees and chairing those meetings. The
Subcommittee Chairs shall approve the draft agendas for their respective Subcommittees
except that any items proposed by two (2) or more voting members of a Subcommittee
shall be placed on the next available Subcommittee agenda.
V. MEETINGS
A. Meetings. The TAC shall meet monthly at the time and place published on the
agendas. Additional meetings may be called as needed. The Chair shall provide every
member of the TAC with seventy-two (72) hours written notice of regular and additional
TAC meetings. The agenda for each meeting shall be developed by the Administrator in
consultation with the TAC Chair, and shall be approved by the Chair.
B. Conduct of Meetings. All meetings of the TAC, including all Committees,
Subcommittees, Ad Hoc Committees and Subcommittees and any closed sessions with
legal counsel, shall be properly noticed and conducted in accordance with the "Brown
Act" (Government Code Section 54950 et seq.) Except for official meetings of the TAC
and ,its Committees, Subcommittees and Ad Hoc Committees and Subcommittees,
nothing herein shall be interpreted to require meetings between staff members of the
individual PARTIES (including designated representatives of the PARTIES) to be subject
to the Brown Act, where the Brown Act would not otherwise apply. Each PARTY is
individually responsible for ensuring it complies with the Brown Act. Wherever this
Agreement is silent with regard to procedure, Robert's Rules of Order shall apply.
VI. IMPLEMENTATION COMMITTEE
A. Composition and Duties. The TAC Implementation Committee (IC) is
comprised of one voting member From each PARTY to this Agreement plus one
voting member from the Santa Clara Valley Water District (SCVWD). The PARTY'S
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IC representative is usually also the PARTY'S TAC representative. Each PARTY
and the SCVWD may also designate an alternate. The purpose of the IC is to make
decisions and recommendations on all Fiscal, management and administrative
issues of the TAC. The IC selects, monitors and provides oversight of the
Administrator, the Fiscal Agent, the Contracting Agent, and legal counsel to the
TAC. The IC recommends the level and setting of the SWPF to the Commission.
B. Quorum, Voting and Meetings. A quorum of the IC is nine (9) voting members.
(Note: the City of San Jose representative counts as two (2) voting members toward
-the IC quorum.) The affirmative vote of at least eight (8) voting members of the IC,
including PARTIES collectively representing at least forty percent (40%) of the
population of the incorporated and unincorporated areas of the County of Santa
Clara, is necessary to approve any measure brought before the IC. (For purposes
of calculating whether or not the forty percent (40%) figure has been reached, the
population of each PARTY shall be counted; however, no population shall be
attributed to the SCVWD due to the fact that it encompasses such a large
percentage of the population of the entire incorporated and unincorporated County.)
Each member of the IC shall have one vote, with the exception of the City of San
Jose which shall have two (2) votes. The IC shall meet at least annually to consider
and recommend approval of the Annual Workplan and Budget to the Commission
for the upcoming fiscal year. The Chair may call other meetings of the IC as
needed. All IC meetings are open to the public and to all TAC members.
Participation and _discussion by all TAC members and by members of the public is
encouraged. The Chair of the IC forwards all recommendations made by the IC
directly to the Commission, and also makes an informational report to the TAC on
the recommendations forwarded to the Commission. The Chair shall strive to
achieve consensus among IC members. Consensus is defined as general
agreement in sentiment or belief. If clear consensus cannot be reached, the Chair
will call for a vote of the voting members present. In such event, the Chair will
report the recommendation of -the IC along with the dissenting opinion(s) and
viewpoints, to the Commission and to the TAC. In the event of a tie, -the Chair will
report that outcome and the viewpoint(s) expressed that led to that outcome. In the
alternative, the Chair may, in the Chair's sole discretion, re-agendize the item for
another IC meeting.
C. Use of Outside Contractors. The IC is responsible for selecting any consultant(s)
or contractor(s) ("Outside Contractors") to perform tasks included in the Commission -
approved Annual Workplan and Budget and who are to be paid from Countywide Funds,
using a process created in consultation with the Contracting Agent. The IC is responsible
for reviewing and approving the parameters of any contracts with Outside Contractors,
including the scope(s) of work, schedules of performance, use of subcontractors, and
compensation for such Outside Contractors. The IC then directs the Contracting Agent to
conduct the procurement process for Outside Contractors and to execute contracts with
the selected Outside Contractor(s).
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VII. TAC SUBCOMMITTEES
A. Issue and Policy Subcommittees. Issue and policy subcommittees shall be
established as needed by the TAC. The TAC will evaluate and establish standing
Subcommittees in December of each year. Additional Subcommittees may be
established at other times throughout the year as needed.
B. Membership and Meetings. Membership on all issue and policy Subcommittees
is open to all TAC voting members and designated alternates. There is no maximum size
for each Subcommittee. The TAC shall appoint a Chair for each Subcornirnittee. A
quorum is two (2) or more Subcommittee members. Subcommittees may elect a Vice -
Chair to serve in the Chair's absence. Subcommittee chairs shall be responsible for
calling and chairing meetings. The Subcommittee chairs shall approve the draft agenda
and report the activities and recommendations of the Subcommittee to the TAC.
Subcommittee chairs shall strive to achieve consensus among members. Consensus is
defined as general agreement in sentiment or belief. If clear consensus cannot be
reached, the Chair will call for a vote of the voting members present. In such event, the
Chair will report the recommendation of the Subcommittee along with the dissenting
opinion(s) and viewpoints, to the TAC. In the event of a tie, the Subcommittee Chair will
report that outcome and the viewpoint(s) expressed that led to that outcome. In the
alternative, the Subcommittee Chair, in consultation with the TAC Chair, may decide to
re-agendize the item for discussion at another meeting.
C. Ad Hoc Subcommittees. The TAC may establish Ad Hoc Subcommittees as
needed to address specific issues or problems. The TAC shall appoint a Chair for each
Ad Hoc Subcommittee. All Ad Hoc Subcommittees shall follow the same operating
procedures as the standing issue and policy subcommittees. The TAC Chair shall
monitor the work of all Ad Hoc Subcommittees, and all such Subcommittees shall be
prorriptly disbanded by the TAC once their tasks have been accomplished.
VIII. TAC ADMINISTRATOR
A. Duties. The TAC Administrator provides administration and management
services to the TAC and carries out the Annual Workplan. Duties of the Administrator
include, but are not limited to: scheduling meetings of the TAC and all committees,
subcommittees, and ad hoc subcommittees; preparing agendas and meeting minutes;
maintaining all TAC records and files; notifying the TAC of correspondence received and
preparing outgoing correspondence; completing all tasks in the Annual Workplan;
providing monthly reports at TAC meetings on the status of the Workplan; and other
duties as directed by the IC. The Administrator reports to the Chair of -the TAC. The
Administrator shall work cooperatively and collaboratively with the IC, the Fiscal Agent
and the Contracting Agent. The Administrator is paid from funds in the adopted TAC
budget.
B. Selection. The IC shall select a PARTY or an Outside Contractor to serve as the
Administrator for the TAC. The IC will receive and evaluate proposal(s) and make a
recommendation to the Commission on selection of an Administrator, as further
described in Attachment 2.
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C. Initial Administrator. The initial Administrator for the TAC shall be the County of
Santa Clara, Integrated Waste Management Division ("County IWMD"). The initial staff
provided is described on Attachment 1. In the event of a change in -the initial staff, the
procedures described in Attachment 2 shall be followed. In the event the IC determines
there is a need for a change in the Administrator in the future (due to costs, availability of
designated employees or for other reasons), or in the event the County IWMD is unable
or unwilling to serve, the procedures for selection of a new Administrator in Attachment 2
shall be followed.
D. If Administrator Is Also A PARTY. In the event the Administrator is a PARTY,
that PARTY shall appoint a TAC/IC representative whose function is to represent the
PARTY's point of view on issues,. policy and fiscal matters. The PARTY'S TAC/IC
representative shall be a person who is not be involved in the work of the Administrator.
This designation shall be made in writing on the PARTY'S letterhead to the Chair of the
TAC. The persons) fulfilling the duties of the Administrator shall act as staff to the TAC,
TAC committees and subcommittees, and to the IC.
- E. Contract With Administrator. All duties and responsibilities of the Administrator,
and a list and description of all staff.assigned to provide Administrator services, shall be
included in a contract between the Contracting Agent and the Administrator. The
contract term may be for a single year or for multiple years, at the discretion of the IC. In
the event that the Administrator is a PARTY, a letter agreement will be prepared between
the Contracting Agent and the_ Administrator, containing all of the duties, responsibilities,
staffing commitments and costs for the Administrator to serve for the upcoming fiscal
year. "rhe letter agreement will include the Annual Workplan and costs for the
Administrator's services. The letter agreement shall state that the Administrator agrees to
provide the described services at the approved costs for the upcoming fiscal year and
that all employee and overhead costs will be maintained at the levels specified in the
agreement for that fiscal year. With regard to the initial Administrator, the first letter
agreement shall be prepared and executed prior to July 1, 2014 to reflect the costs and
the scope of work to be performed for FY 2014/15. If the Administrator and -the
Contracting Agent are the same PARTY, the letter agreement will be prepared and
signed by a staff person designated to represent the Administrator and also signed by a
separate staff person designated to represent the Contracting Agent.
F. Annual Workplan and Budget. As the work of the TAC progresses each year, the
Administrator will maintain a list of potential work items to be placed in the Annual
Workplan for the upcoming fiscal year. Beginning with preparation of the Annual
Workplan and Budget for fiscal year 2014/15, the following schedule will apply. In
November of each year, the IC will review the list of potential work items corripiled by the
Administrator, add additional items as needed, and direct the Administrator to prepare a
proposed Workplan and Budget for the upcoming fiscal year. The proposed Annual
Workplan will contain the elements described in Attachment 3.
The Administrator shall submit the final draft of the proposed Annual Workplan and
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Budget to the IC no later than December 15 of each year. If required, the IC will provide
revisions and comments to the Administrator, who will then revise and finalize the Annual
Workplan and Budget. The IC will approve the Annual Workplan and Budget on or before
January 31 of each year and forward it to the Commission for approval. Commission
approval is anticipated to be during the month of February. Upon approval by the
Commission, the Contracting Agent will prepare agreements with the Administrator, the
Fiscal Agent and the Contracting Agent that include the approved Annual Workplan and
Budget (for the Administrator) and the approved costs and duties (for the Fiscal Agent
and the Contracting Agent) as described in Sections VIII E, IX D and X C. The
agreements will be signed by designated representatives of the Administrator, the Fiscal
Agent and the Contracting Agent. In the event the Administrator, the Fiscal Agent and/or
the Contracting Agent are the same PARTY, that PARTY shall designate separate
representatives to execute the agreements on behalf of the Administrator, the Fiscal
Agent and the Contracting Agent. Said agreements shall be fully executed and in place
prior to July 1 of each year.
G. Annual Reporting and Evaluation. The Administrator shall prepare a self-
evaluation/audit report to the IC including significant accomplishments, work items
planned but not accomplished, work items not planned but completed, and the status of
all work items in the Annual Workplan. The report will include recommendations and
suggestions for improving the work of the Administrator and will be submitted on or
before September 15 each year. The IC will consider the report at a regular meeting and
discuss and provide recommendations and feedback to the Administrator. The IC will
rate the overall implementation and effectiveness of the Workplan and, in turn, rate the
performance of the Administrator based upon the ability of the Administrator to meet the
timelines and budget in the Workplan and to effectively support the Commission and the
TAC. The final recommendations and feedback of the IC will be recorded in the minutes
and also in a letter from the IC Chair to the Administrator. This feedback will be used by
the Administrator to make any required changes in operations, procedures and/or work
tasks for the next fiscal year. In addition to the annual review of the Administrator, the IC
may, at any time, discuss questions, concerns or issues of performance with the
Administrator.
IX. FISCAL AGENT
A. Duties. The Fiscal Agent serves as the treasurer of the Countywide Funds and is
responsible for collecting the SWPF from all solid waste disposal facilities and non -
disposal facilities located within Santa Clara County. The Fiscal Agent also collects and
receives grant funds and revenues from other sources. The Fiscal Agent shall diligently
pursue collection of all SWPF funds and shall keep the IC apprised of the amount and
entity owing delinquent payments, as well as of the status of collection activity initiated by
the Fiscal Agent regarding the delinquent payments. The Fiscal Agent shall manage all
funds in accordance with generally accepted government accounting procedures. The
Fiscal Agent shall keep Countywide Funds segregated from all other funds administered
by the Fiscal Agent in separately numbered and coded accounts that are readily
identifiable as those containing Countywide Funds; shall credit appropriate interest
income earned on such funds in each fiscal year; and shall not expend, use or transfer
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any funds except in accordance with the Annual Workplan and Budget approved by the
IC and the Commission, or as otherwise directed by the IC. In the event the Fiscal Agent
is not also the Contracting Agent, the Fiscal Agent shall transfer Countywide Funds to the
Contracting Agent as directed by the IC, in accordance with the procedures in
Attachment 5. The Fiscal Agent shall work cooperatively and collaboratively with the IC,
the Administrator, and the Contracting Agent.
B. Initial Fiscal Agent. The initial Fiscal Agent shall be the County of Santa Clara.
The specific contact person shall be designated in writing to the Administrator and to the
TAC Chair. In the event the IC determines there is a need for a change in the Fiscal
Agent in the future (due to costs, lack of availability of designated employees or for other
reasons), or in the event the County is unable or unwilling to serve, -the following
procedures for selection of a new Fiscal Agent shall be followed.
C. Selection. Any PARTY willing to serve as the Fiscal Agent may be nominated by
another PARTY. The nominated PARTY(IES) will submit a letter proposal to the IC
containing the costs for performing the services of the Fiscal Agent, including all
employee and overhead costs and all proposed expenses. If the same PARTY is also
already serving, or is proposing to serve, as the Administrator, the Contracting Agent, or
both, the proposed costs to perform each function shall be separately specified. The IC
will hold discussions with representatives of -the nominated PARTY(IES) as needed. The
recommendation of the IC will be forwarded to the Commission for approval. Upon
receipt of Commission approval, the Contracting Agent will execute an agreement with
the new Fiscal Agent that includes the approved costs for the PARTY to provide Fiscal
Agent services for the upcoming fiscal year.
D. Payment For Services. The Fiscal Agent shall provide the Administrator with
proposed costs to perform the duties of TAC Fiscal Agent for the upcoming fiscal year
upon request. The proposed costs shall be at the level of detail described in Attachment
2. If the Fiscal Agent is also serving as the Administrator, the Contracting Agent, or both,
the proposed costs to perform each function shall be separately specified. The proposed
costs will be reviewed by the IC as part of review of the Annual Workplan and Budget. If
there is a question or concern about the proposed costs, the Chair of the IC and the
Administrator will meet with the Fiscal Agent concerning the issues. Upon approval of the
Annual Workplan and Budget by the IC and the Commission, the Contracting Agent will
prepare an agreement to be signed by the Fiscal Agent and the Contracting Agent to
perform services for the new fiscal year. In the event that the Contracting Agent and the
Fiscal Agent are the same PARTY, the agreement shall be signed by the designated
employee of the PARTY serving as the Fiscal Agent and the (separate) designated
employee of the PARTY serving as the Contracting Agent.
E. Quarterly and Annual Budget Status. The Fiscal Agent shall prepare and submit
quarterly budget updates to the IC every three (3) months, and shall provide a Year -End
Budget Report. These reports shall be formatted in a clear and concise manner such that
all expenditures, revenues, movement of monies, reallocation of funds and adjustments
to the budget are detailed by project and line item (i.e. numerical reference and narrative
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description). The Year -End Budget Report shall be submitted to the IC on or before
October 31 each year. The IC may, at any time, request additional budget information,
detail, documentation and updates. The Fiscal Agent shall respond promptly to all such
requests.
F. Biennial Audit. The Fiscal Agent shall arrange for an audit by an independent
third party Certified Public Accounting Firm (CPA) to be conducted every other year
beginning with an audit of the 2013/14 fiscal year. The Fiscal Agent may utilize the CPA
firm retained by -the jurisdiction of which -the Fiscal Agent is a part, to perform that
PARTY's annual audit. In such event, the results of the audit of the Countywide Funds
and accounts shall be clearly and separately called out in the CPA's audit report. The
results of the audit shall be reported to the IC on or before January 15 every other year.
G. Evaluation of the Fiscal Agent. Each year, the Fiscal Agent shall prepare a self-
evaluation, along with the Year -End Budget Report, for submittal to the IC. The self-
evaluation will include a description of key work tasks performed, any duties or tasks not
completed, and any non -planned work tasks completed. The report will include
recommendations and suggestions for improving the services of the Fiscal Agent. The
self-evaluation shall be submitted at the same time as the Year -End Budget Report. The
IC will review the report at a regular meeting and discuss any suggested or needed
changes or improvements. The IC will rate the overall performance of the Fiscal Agent
based upon the ability of the Fiscal Agent to perform its duties in a timely manner and in
accordance with all requirements of this Agreement. The final recommendations and
feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to
the Fiscal Agent. This feedback will be used by the Fiscal Agent to make any required
changes in operations and procedures and/or work tasks for the next fiscal year. In
addition to the annual review of the Fiscal Agent, the IC may, at any time, discuss
questions, concerns or issues of performance with the designated representative of the
Fiscal Agent.
X. CONTRACTING AGENT
A. Duties. The Contracting Agent executes contracts with Outside Contractors,
including the Administrator and the Fiscal Agent (where applicable) that have been
requested and approved by the IC. The Contracting Agent consults with the IC to
establish a procurement process for Outside Contractors, and then conducts that process
once the IC has approved a scope of work, schedule, budget and other parameters of the
contract that will be awarded by the Contracting Agent. The Contracting Agent shall
conduct the procurement process and execute all contracts within a reasonable period of
time after being directed to do so by the IC. The Contracting Agent shall provide a copy
of any contract executed on behalf of the TAC to any PARTY, any TAC member, and to
any PARTY or person designated by any PARTY or the IC upon request. The governing
body of the Contracting Agent, at its discretion, may delegate authority to execute
agreements and contracts approved by the IC to a designated employee. Notice of any
such delegation of authority shall be provided in writing to the Chair of the IC and to the
Administrator.
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In the event the Contracting Agent is not also the Fiscal Agent, the Contracting Agent
shall receive Countywide Funds transferred to the Contracting Agent by the Fiscal Agent
on a periodic basis as described in Attachment 5. The Contracting Agent shall manage all
Countywide Funds in accordance with generally accepted government accounting
procedures. The Contracting Agent shall keep Countywide Funds segregated from all
other funds administered by the Contracting Agent in separately numbered and coded
accounts that are readily identifiable as Countywide Funds, and shall not expend, use or
transfer any funds except as specifically directed by the IC. At the close of the fiscal year,
-the Contracting Agent shall, pursuant to the procedures in Attachment 5, comply with all
directions From the IC with regard to retention of funds for contracts with Outside
Contractors that are still in effect, and with regard to return of unexpended or
unencumbered funds to the Fiscal Agent. The Fiscal Agent shall work cooperatively and
collaboratively with the IC, the Administrator, and the Contracting' Agent.
B. Initial Contracting Agent. The initial Contracting Agent shall be the County of
Santa Clara. The specific contact person shall be designated in writing to the
Administrator and to the TAC Chair. In the event the IC determines there is a need for a
change in the Contracting Agent in the future (due to costs, lack of availability of
designated employees or for other reasons), or in the event the County is unable or
unwilling to serve, the procedures for selection of a new Contracting Agent shall be -the
same as those for selection of a Fiscal Agent as described in Section IX C.
C. Payment For Services. The Contracting Agent shall provide the Administrator
with proposed costs to perform the duties of TAC Contracting Agent for the upcoming
fiscal year upon request. The proposed costs shall be at the level of detail described in
Attachment 2. If the Contracting Agent is also serving as the Administrator, the Fiscal
Agent, or both, the proposed costs to perform each function shall be separately specified.
The proposed costs will be reviewed by the IC as part of review of the Annual Workplan
and Budget. If there is a question or concern about the proposed costs, the Chair of the
IC and the Administrator will meet with the Contracting Agent concerning the issues.
Upon approval of the Annual Workplan and Budget by the IC and the Cornrnission, the
Administrator will prepare an agreement to be signed by the Contracting Agent and the
Administrator to perform services for the new fiscal year. In the event that the
Administrator and the Contracting Agent are the same PARTY, the agreement shall be
signed by the designated employee of the PARTY serving as the Contracting Agent and
the (separate) designated employee of the PARTY serving as the Administrator.
D. Annual Contract Status Report. The Contracting Agent shall prepare and submit
an annual report to the IC on the status of all contracts (listing all contracts in progress,
expired, terminated, and the amount of work and budget remaining in each) on or before
October 31 each year. The report shall also note the amount of Countywide Funds held
by the Contracting Agent, and specify the amount(s) of funds encumbered for contracts,
and the amount(s) of funds that are unspent and unencumbered. The IC may, at any
time, request additional information, detail, documentation and updates on any or all
contracts. The Contracting Agent shall respond promptly to all such requests.
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E. Audits. The Contracting Agent shall cooperate with and provide all information
and documentation required in order to complete the bi-annual audit described in Section
IX F. In the event the IC decides that any actions or activities of the Contracting Agent
are not in compliance with this Agreement, or if the IC determines there are other
reasons for an audit to be performed, the IC may perform an audit of the Countywide
Funds received and expended by the Contracting Agent. In such event, the Contracting
Agent shall cooperate fully, and in a timely manner, with persons performing the audit.
F..Evaluation of the Contracting Agent. Each year, the Contracting Agent shall
prepare a self-evaluation, along with the Annual Contract Status Report, for submittal to
the IC. The self-evaluation will include a description of key work tasks performed, any
duties or tasks not completed, and any non -planned work tasks completed. The report
will include recommendations and suggestions for improving the services of the
Contracting Agent. The self-evaluation shall be submitted at the same time as the
Annual Contract Status Report. The IC will review the report at a regular meeting and
discuss any suggested or needed changes or improvements. The IC will rate the overall
performance of the Contracting Agent based upon the ability of the Contracting Agent to
perform its duties in a timely manner and in accordance with all requirements of this
Agreement. The final recommendations and feedback of the IC will be recorded in -the
minutes and also in a letter From the IC Chair to the Contracting Agent. This feedback will
be used by the Contracting Agent to make any required changes in operations and
procedures for the next fiscal year. In addition to the annual review of the Contracting
Agent, the IC may, at any time, discuss questions, concerns or issues of performance
with the designated representative of the Contracting Agent.
XI. LEGAL COUNSEL
A. Selection. The IC may select an attorney or firm that is experienced in solid
waste, recycling and municipal law to research legal issues, proposed legislation, and to
provide legal advice to the TAC ("Legal Counsel") as provided for in the Commission -
approved Annual Workplan and Budget. Legal Counsel may be a City Attorney or County
Counsel (i.e. an employee of one of the PARTIES) or may be an outside attorney or law
firm. The IC will interview and select Legal Counsel as needed, and direct the
Contracting Agent to prepare a contract with Legal Counsel for the provision of legal
services. The IC shall direct the work of Legal Counsel. The Administrator may assist in
coordination of activities with Legal Counsel, but shall not give direction without prior
authorization from the IC. Legal Counsel shall not be responsible for providing legal
advice to individual PARTIES related to their individual compliance with Public Resources
Code Section 40000 et. seq., but may provide such services under separate contract with
any PARTY or PARTIES.
XII. OTHER AGREEMENTS OF THE PARTIES
A. Term of Agreement. The term of this Agreement shall commence on the date the
last duly authorized representative of the PARTIES executes it. This Agreement shall
remain in effect until terminated by the PARTIES or until eight (8) or more PARTIES
containing more than fifty percent (50%) of the population of the incorporated and
unincorporated areas of County of Santa Clara withdraw from the Agreement, whichever
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occurs first. A PARTY may withdraw_from the Agreement by providing written notice to
the Administrator, stating the effective date of the PARTY'S withdrawal. "rhe withdrawal
of a PARTY shall not entitle that PARTY to receive or retain any portion of the SWPF.
B. Ethical Code of Conduct. All TAC mernbers and Alternates shall adhere to the
Ethical Code of Conduct in Attachment 4. All TAC members and Alternates shall attend
a TAC -sponsored ethics training every other year beginning in FY 2013/14. The
Administrator shall arrange for this training and include the cost in the Annual Workplan
and Budget for each year the training is required to be conducted.
C. Counterparts. "chis Agreement may be executed and delivered in any number of
copies ("counterparts") by the PARTIES, including by means of facsimile and e-mail of
PDF copies. When each PARTY has signed and delivered at least one counterpart to the
Administrator, each counterpart shall be deemed an original, and taken together, shall
constitute one and the same Agreement, which shall be binding and effective as to the
PARTIES hereto.
D. Non -Compliance With State and Federal Laws. No PARTY shall, by entering into
this Agreement, participating in the TAC or the IC, or agreeing to serve as Administrator,
Fiscal Agent, Contracting Agent, and/or Legal Counsel, assume or be deemed to assume
responsibility for any other PARTY in complying with the requirements of state and
federal solid waste and recycling laws, including but not limited to, the California
Integrated Waste Management Act of 1989 as amended (Public Resources Code Section
400000 et seq). This Agreement is intended solely for the convenience and benefit of the
PARTIES hereto and shall not be deemed for the benefit of any third party and may not
be enforced by any third party, including, but not limited to, the United States
Environmental Protection Agency and the California Department of Resources, Recycling
and Recovery, or any person acting on their behalf or in their stead.
E. Indemnification. In lieu of and notwithstanding the pro rata risk allocation which
might otherwise be imposed between the PARTIES pursuant to Government Code
Section 895.6, the PARTIES agree that all losses or liabilities incurred by a PARTY, or by
the Santa Clara Valley Water District in carrying out its duties under Section VI.
Implementation Committee shall not be shared pro rata, but instead the PARTIES agree
that pursuant to Government Code Section 895.4, each of the PARTIES hereto shall fully
defend, indemnify and hold harmless each of the other PARTIES, and the Santa Clara
Valley Water District in the carrying out of its duties under Section VI. Implementation
Committee, 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 agents or
employees, or in connection with or arising from 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
incurred 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 from any work, authority or jurisdiction delegated to such
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PARTY under this Agreement.
F. Entire Agreement. This Agreement supersedes any prior arrangement or
agreement among the PARTIES regarding the composition, structure, duties and powers
of the TAC including, but not limited to, the TAC Rules of Procedure dated May 22, 2006,
but does not supersede any other agreements between any of the PARTIES.
G. Amendments. This Agreement may be amended by`unanimous written
agreement of the PARTIES. AlI PARTIES agree to bring any proposed 8hi'endments to
this Agreement to their Council or Board, as applicable; within three (3) months following
acceptance by the IC. The IC shall, on a biennial basis, evaluate this Agreement and
determine if any amendments are needed. The first biennial evaluation shall be in 2015.
The IC may recommend amendments on a more frequent basis if desired.
H. Venue. In the event that suit shall be brought by any PARTY to this Agreement,
the PARTIES agree that venue shall be exclusively vested in the state courts of the
County of Santa Clara, or where otherwise,a 17 Jap�itp'ekluii'ielyrh'nited States
District Court, Northern District of California,ii,os;�lif�arna:,
sqrn wiio tv
I. Attachments. Attachments 1 through 5 are attached hereto and incorporated
herein by this reference.
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IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the
dates shown below.
COUNTY OF SANTA CLARA, a public entity of the State of California
Date: JUN 4 2013 APPROVED AS TO FORM:
B B l0 3 2��3
y�
FRES Boar of S ervisors
y� Deputy County Counsel
KEN YEAGER.
Biped and C:Oed that a Copy of tlas
document has bean delivered byebeConlc-
or other means to the President, Scmd of
3upervisots.
A est:
-nn egadanz, I — -
Board of Supervise
rr
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IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the
dates shown below.
COUNTY OF SANTA CLARA, a public entity of the State of California
Date: APPROVED AS TO FORM:
By:
Chair, Board of Supervisors
CITY OF CAMPBELL
Date: July 17, 2013
By.
N e : �4a'�1E Linder
Title: City Mager
CITY OF
Date:
By:
Name:
Title:
Bv:
Deputy County Counsel
ATTEST:
Date:
By:
APPROVED AS TO FORM:
By:
Name: R Sol-; gmann
Title: rit12, Attorney
APPROVED AS TO FORM:
By:
Name:
Title:
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CITY OF CAMPBELL
Date:
By:
Name: Mark Linder
Title: City Manager
CITY OF CUPERTINO
Date:./,��'���
By:
Name: David Brandt
Title, City Manager
CITY OF GILROY
Date:
By:
Name: Thomas Haglund
Title: City Administrator
CITY OF LOS ALTOS
Date:. .
By:
Name Marcia Somers
Title: City Manager
TOWN OF LOS ALTOS HILLS
Date:
By:
Name: Carl Cahill
Title: City Manager
APPROVED AS TO FORM:
By:
Name:
Title: City Attorney
APPROVED AS TOFORM:
Awd W_611/X,
Name: MeIISo yZ
(Otle: City At
APPROVED AS TO FORM:
By:
Name:
Title: City Attorney
APPROVED AS TO FORM:
By:
Name:
Title:
APPROVED AS TO FORM:
By:
Name:
Title: Town Attorney
x/6/13 19
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TAC MEMORANDUM OF AGREEMENT
CITY OF CAMRBELL
Date:
By:
Name: Mark Lindor
Title City Manager
CITY OF CUPERTINO
Date:
By:
Name.,. David, Brandt
Title" City Manager
CITY OF GILROY
By; v 7)�l
Naffie: Thomas Haglund
Title- City. Admin-ititratw
CITY OF LOS ALTOS
Date:
By:
Name: Marcia So-hiers
Title: City Manager
TOWN OF LOS ALTOS HILLS
Date,
By:
Name: Carl Cahill
Title: City Manager
APPROVED AS TQ
0 F . ORM:
BY.
Title: City -Attorney
APPROVED AS TO FORM:
By
Name,
Tit -le: -City Attorney
APPROVED-ASTO'F'ORM':
sv.
�-�
Name:
Title-, City Attorney
ATTESr.
. City Clerk
APPROVED AS TO FORM
By.
-Name:
Title:
APPROVED AS TO FORM:
By:
Name:
Title: Town Attorney
5/6/13 19
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
il
TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, -the PARTIES hereto have executed this Agreement as of the
dates shown below.
COUNTY OF SANTA CLARA, a public entity of the State of California
Date: APPROVED AS TO FORM:
By:
Chair, Board of Supervisors
CITY OF1,iK 0 5
Date: �+'` q �_(
By:
Name: SO 62S
Title:
CITY OF
Date:
By:
Deputy County Counsel
ATTEST:
Date:
APPROVED AS TO FORM:
APPROVED AS TO FORM:
By:
Name: Name:
Title: Title:
5/6/13
19
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the
dates shown below.
COUNTY OF SANTA CLARA, a public entity of the State of California
Date: APPROVED AS TO FORM:
By:
Chair, Board of Supervisors
CITY OF LOS ALTOS HILLS
Date: ioI 2-013
By:
_r A �J,
Name: Carl Ca ill
Title: City Manager
CITY OF
Date:
By:
Name:
Title:
By:
Deputy County Counsel
ATTEST:
Date:
By:
APPROVED AS TO FORM:
By:
Name: Steve Mattas
Title: c; y At-tnrnPy
APPROVED AS TO FORM:
By:
Name:
Title:
5/6/13 19
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the
dates shown below.
COUNTY OF SANTA CLARA, a public entity of the State of California
Date:
By:
Chair, Board of Supervisors
OF LOS GAMS
Date: 7z /
By:
Name:
Title:
CITY OF
OF
Date:
By:
Name:
Title:
5/6/13
APPROVED AS TO FORM:
By:
Deputy County Counsel
ATTEST:
Date:
APPROVED AS TO FORM:
APPROVED AS TO FORM:
19
Name:
Title:
i
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
TAC MEMORANDUM OF AGREEMENT
Title: City Manager
TOWN OF LOS GATOS
Date:
By:
Name: Greg Larson
Title: Town Manager
CITY OF MILPITAS
Date:
CITY OF MONTE SERENO
Date:
By:
Name: Brian Loventhal
Title: City Manager
CITY OF MORGAN HILL
Date:
By:
Name: Steve Rymer
Title: City Manager
Title: Town Attorney
APPROVED AS TO FORM:
By:
Name:
Title: Town Attorney
APPROVED AS TO FORM:
By:
Naryfee : M6(96-10. Ogaz
Title: City Attorney
APPROVED AS TO FORM:
By:
Name:
Title:
APPROVED AS TO FORM:
By:
Name:
Title: City Attorney
5/6/13 20
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
TAC MEMORANDUM OF AGREEMENT
TOWN: OF- L0S:GAT0S
Date:
By;
Name: Greg Larson
Title! Town Manager'
CITY OF MILPITAS
Dater
By:
N:a.me::T,bm Williams
Title! City Manager
CITY OF MONTE SERENO .
Date:
By`
Na Ifoventhal U
TitW City M.
. . Manager
CITY OF MORGAN HILL
Date ,*--
,Byi
Name: Steve Rymer
Title-' City, Manager
APPROVED AS TO FORM:
By:
Name-.
Title: Town Attorney -
APPROVED AS TO FORM
By: . .... .
Name :, Michaefl. Og4'
z
Title, City Aftdrhey.
APPROVED -AS TO FORM:
NaM'e,:jcjen Powell
Title: _' 'c-qCity Attorney
APPROWED.AS TO FORK
By.
Name:
Title: City Attorney
516113. 26
DocuSign Envelope ID: 3A93AB98-92E1 -4CA3-A81 B-8E947DE2F8EO
TAG M'OF GREE A WNT
WEMORANDU
TOWN' OF LOS ,GAT.
Date -
By
Name--, Greg Larson
Title., Town Manager
,CITY OF MILPITAS
Datet_
6m:Williams_Name-.7'.. W.01
Title; City Manager-
CITY
adager
C"ITY OF MO . NTE 'SERENO
Date:
APPROVED As TO FORM:
B
Title" -TbWftAtt brhby.,
APPROVED AS TO FORM:
R -"M:
By:
NPme., 4.6ha"el J; 0
_,g@4
Title- City Attorney
APPROVED AS TO -FORM:
By; By:
L '
14ame. Bran, oventhal Name .am6:
Title- City ManAger- Titlba-
CITY QF.MC
Date: /0/1
HILL
By: —
Name ,
Name',,, 'gteve Rymer
Title: City Manager
APPROVED)
By:
f0aitie - yz
Title: City Atb
05611 t
5/6/13 20
FORK -
ney
w No I. WAS
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
TAC MEMORANDUM OF AGREEMENT
CITY OF MOUNTAIN VIEW
Date: i- zY►— i 3
By:
Name: Danie H. lkich
Title: City Manager
CITY OF PALO ALTO
Date:
By:
Narne: James Keene
Title: City Manager
CITY OF SAN JOSE
Dater
By:
Name: Norberto Duenas
Title: Deputy City Manager
.CITY OF SANTA CLARA
Date:
By:
Name: Julio J. Fuentes
Title: City Manager
CITY OF SARATOGA
Date:
By:
Name: Dave Anderson
Title: City Manager
APPROVED AS TO FO
By:
Nam' annie L. Quinn
Title: ity Attorney
APPROVED AS TO FORM:
By:
Name:
Title: City Attorney
APPROVED AS TO FORM:
By:
Name: Rosa Tsongtaatarii
Title: Senior Deputy City Attorney
APPROVED AS TO FORM:
By:.
Name: Richard E. Nosky, Jr.
Title: City Attorney
APPROVED AS TO FORM:
By:
Name: Richard Taylor
Title: City Attorney
5/6/13 21
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TAC MEMORANDUM OF AGREEMENT
5/6/13 21
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TAC MEMORANDUM OF AGREEMENT
.CITY. F: MOUNTAIN VIEW
Date:
,Name.: Daniel 'H, Rich
rifle: City Manager
ciTy OF. PALE AM.
bate.;
NaM6. James- Keene
Title: City Manager
t I T__Y-:Or.8AN'dOS'E
Date:........
BY,
Name'Notb4to'bUrhais
Title:I I
QepL;,ty City Vanager
-011"IF SANTAWRA
Date; - _. _1 - - -
. _ ... ..........
By.-
Name-, -Julio J,;Fuentes
-Titie: 00 Manager
CITY Or`8AAAT00.A
Name: . 8M,0' '090M.demon
Title: City Manager
APPROVED A810 Vokk
.By:
Name: JaP.n.i.et. Ou-inn
Title: -City Afto"fule-
y
APPROVED. AS-_TQ4F,0'RM_.;.,
By -
Na.
Title: Git ''Aft ny
. . . y or.
APPRO A 'TO K-. . , M.,
. . ...... ....
Na
Tit] .. Se ior Deputy CityAttorney
APPROVED AS TO FORM:
Name:'Richardsky, Jr.'E.N ' J-
0 _
Title: City
APPROVED AS TO FORM:
By-.
N . am.o.:. :Richard Taylor
Title,: City Attorney
5/6/13 .2-1
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
i
r
TAC MEMORANDUM OF AGREEMENT
CITY OF MOUNTAIN VIEW: =:
Date::: -
APPROVED AS TO- FORM:
By:
By:
Name::: Danief:H. Rich :::
Name: Jannie L. Quinn
Title:: City Manager -
Title: City Attorney
CITY OF PALO ALTO
-.Date:::
APPROVED AS TO FORM::,
By
By:
Name: James Keene
fame:
Title: City Manager
Title: CityAttorney
CITY OF SAN JOSE
Date:.
APPROVED AS TO FORM:
By:
By: .
Name: Norberto Duenas
Name: Rosa Tsongtaatarii
Title: Deputy City Manager
Title: Senior DeputyCity:Attorney .
CITYOF SANTA. CLARA
Date:
APPROVED AS- TO FORM:
�y:
! io
By; �-
Name: ulib J. f e:nfies
Na' : Ric rd E. Nos y, Jr,
Title: - it iVlana er
y g
Tit) . Cit Attorne
y y
'CITY OF SARATOGA
Date:
APPROVED AS TO FORM:
By:
B.y;
Name: Dave Anderson
Name: Richard Taylor
Title: City-Manager
Title` -City Attorney
. 5M113
21
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81 B-8E947DE2F8EO
_RA
TAC MEM.0 MDUM OF AGREEMENT
C I TY OF MOUNTA I: N-VI.E.-W'..'
Date;
Name: Daniel H. Rich
Title: City Manager
CITY OF PALO,ALTO
.Date:
By:
Name-..*- James; K6606
Title:. City Manager
CITY O.P'SAN .JOSE
Date:
.Name.- Norbeito:Du6ihas
Title: Deputy. City Manager
CITY OF SANTA CLARA
.Date:
By:
Xame,Julio, lfuomtos-
Title' City monagof:
CITY OF SAIRAT0.0
Date:. 2-a
By:
Name: Dave -Anderson
Title: City'Manager,
�!
APPROVEDAb-`T-6176144M: "�
Name u
ip j oh.jqn.
Title: City w� neyv
PR0 :' 'V FORM
F D,.,AS TO
:Name: ,
Title:. City Attorney
MPROVE-b-A-1-$_70'
By
Name Rosa
ao. ad:
Title Sen'ior.. DeptAy City.
Attorn'W
APPROVED, ASTO FORM:
RY
Name: -06
ird-E -No
Tale Oty:Attorney
APPR-OVED.As TO FORM:
By:: - ------
Name., .Richard Taylbr
T 6 -'^Cit Attorney
5/61I3:l.
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
t
I
TAC MEMORANDUM OF AGREEMENT
CITY OF SUNNYVALE
Date: ?/72-
By:_
Nam
Title:
Iry tV Lueij
Manager
APPROVED AS TO FORM:
By; �iAn G -
SName: Joan A. Borger
Title:
5/b/13 22
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 1
INITIAL STAFFING OF ADMINISTRATOR
The following is the initial staff complement for the Administrator:
Staff Person % FTE Committed % FTE Committed
To Administrator To County
Duties Unincorporated
Duties
Elizabeth Constantino, Program Manager II 0.82 FTE 0.18 FTE
Provides oversight of all Annual Workplan
tasks and all functions of the Administrator.
Lisa Rose, Senior Management Analyst 0.87 FTE 0.13 F"fE
Coordinates the Green Business Program,
serves as staff to the Commission, and
performs various other duties.
Clifton Chew, Management Analyst 0.80 FTE 0.20 FTE
Serves as staff to the TAC, prepares state
reporting and DRS, and performs various
other duties.
Zachary DeVine, Management Analyst 0.67 FTE 0.33 FTE
Contracts monitoring, budget tracking,
Outreach Specialist, and various other
duties.
Sue Sherrin, Associate Management 0.98 FTE 0.02 FTE
Analyst B, Green Business Specialist
Sarah Smith, Management Analyst 1.0 FTE 0.00 FTE
Home Composting Education Program
Coordinator
Joanne Chapa, Office Specialist III 0.94 FTE 0.06 FTE
5/6/13 23
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TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 2
SELECTION PROCESS FOR THE ADMINISTRATOR
Selection. The IC shall select a PARTY or an Outside Contractor to serve as the
Administrator for the TAC. As part of the selection process, the potential candidate(s)
shall submit a proposal to the IC for providing Administrator services. The proposal shall
include: a detailed scope of work for the upcoming fiscal year, detailed costs and work
hours for the completion of each task, and a list of the employees proposed to perform
.each part of the Annual Workplan, as well as the administrative and management duties
of the Administrator. The proposal shall also include a resume and description of the
education, experience and expertise of each proposed staff member highlighting
experience in solid waste management, recycling, diversion programs, producer
responsibility, public education and outreach, legislative analysis, budgeting, public
sector management, administration and policy development. It is of great importance
that each member of the Administrator staff possess a high level of experience and
expertise in the listed areas. The proposal shall designate the duties and activities to be
carried out by each employee. The IC will review the proposal(s) and conduct
interview(s) with the potential Administrator(s). 'rhe IC will select an Administrator and
recommend approval to the Commission.
2.Change in Administrator Staff. In the event any member of the Administrator's staff is
unable or unavailable to serve in the capacity indicated in the original proposal, the IC
shall work with the Administrator to determine if an acceptable alternate staff member is
available. This shall include, if desired by the IC, having representatives from the IC
participate in the selection process for the alternate staff person; review the resumes,
references and writing samples of proposed candidates; attend and participate in
interviews; and provide input to the decision-making process for selection of the
proposed alternate staff member. If the proposed alternate staff person is not
acceptable to the IC, and the IC determines that the employee who is unavailable is a
key employee, the IC may give written notice to the Administrator that the TAC will seek
another Administrator, and the IC may recommend to the Commission that the selection
process for a new Administrator be commenced. Upon receipt of Commission approval,
the IC will begin that process. The Administrator shall serve until such time as either a
replacement Administrator is selected and approved by the Commission, or (if the
Administrator is not a PARTY) until the current contract for the services of the
Administrator expires, whichever occurs first. In the IC's sole discretion, the services of
the Administrator may be terminated prior to the selection of a new Administrator. In the
event the Administrator is not a PARTY, an early termination clause shall be placed in
the contract with the Administrator for use by the IC in the event a key staff person
becomes unavailable.
3. Key Employee. A "key employee" includes, but is not limited to, any one of the
following:
a. An employee who is performing twenty percent (20%) or more of the work hours
in the Annual Workplan.
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TAC MEMORANDUM OF AGREEMENT
b. An employee whose work tasks require a high level of technical expertise and
experience in recycling, solid and/or hazardous waste management programs
and practices.
c. An employee whose work tasks require a high level of professional judgment that
is the product of numerous years of experience in recycling, solid and hazardous
waste management, and/or in work for public agencies.
d. An employee whose work tasks involve a high level of interaction with the public
(e.g. in trainings, liaison with businesses or non-profit organizations, etc.).
e. An employee whose work tasks involve presentations or testimony to public
agencies (e.g. City Councils, the Board of Supervisors) and/or community
organizations (e.g. service organizations, community groups, homeowner's
associations,- etc.).
5/6/13 25
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TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 3
ELEMENTS TO BE CONTAINED IN THE ANNUAL WORKPLAN AND BUDGET
1.Scope of Work. The proposed Annual Workplan and Budget will contain a detailed
scope of work for each proposed task, the employee work hours estimated to complete
each task, the name(s) of the specific employees that will perform the work for each
task, the cost of the work hours for each task, all proposed overhead costs for the
Administrator and all other projected costs. If the Administrator is a public agency, the
costs may be shown as a percentage of each Full Time Equivalent (FTE) and the cost
therefore, as long as the position (such as 'Analyst I') and the name of the employee
filling that position are indicated, along with the fully burdened cost of the specified
percentage of each FTE. The proposed Annual Workplan shall contain a list of key
milestones for each task.
2.Administrative Tasks. The Workplan shall include a task for providing administrative
support for the TAC including work hours to prepare meeting agendas, to schedule
meetings, attend meetings, prepare minutes and correspondence, and carry out the
direction of the TAC and all Committees and Subcommittees. The Workplan shall also
include a separate task for providing administrative support to the Commission including
work hours to prepare agendas, attend Commission meetings, prepare minutes, and
carry out the direction of the Commission, its Committees and Subcommittees.
3.Other Staff Commitments. The proposed Workplan will contain a listing of the other
duties and responsibilities of each assigned employee (other than the work to be
performed as Administrator for the TAC and the Commission) including the work hours
and a general description of the key tasks and projects to be performed. This will serve
as a cross-check (regardless of whether the Administrator is a public agency or a
private firm) to ensure that the time of each employee is not overcornmitted, and that
sufficient time exists for each employee to complete all their assigned tasks.
4. Fiscal Agent and Contracting Agent Costs. The Administrator shall consult with the
Fiscal Agent and with the Contracting Agent (in the event they are separate PARTIES)
and shall incorporate the proposed costs for the services of each into the proposed
Workplan and Budget. Such costs shall be clearly and separately identified for each
function (and identified separately from those of the Administrator) and shall include the
costs for employee time, expenses (such as bank fees), overhead charges and all other
proposed costs.
5.Cost Detail For Comparison. The budget shall be formatted in a clear and concise
manner such that all projected expenditures and revenues are detailed by project and
line item. The proposed Workplan and Budget shall contain sufficient detail about
proposed work hours and costs such that a comparison can be made between the
proposed costs for the current Administrator, the current Fiscal Agent and the current
5/6/13 26
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TAC MEMORANDUM OF AGREEMENT
Contracting Agent, and other potential providers of these services.
6. Projected Amount of Fund Transfer From Fiscal Agent to Contracting Agent. In the
event the Fiscal Agent and the Contracting Agent are different PARTIES, the budget
shall include the projected amount of funds to be transferred from the Fiscal Agent to
the Contracting Agent in order to pay for contracts with Outside Contractors that will be
awarded by the Contracting Agent in the upcoming year. Such projections shall take
into account all funds currently held by the Contracting Agent (if any) and the amount of
such funds alreadyencumbered for contracts in progress. The projection shall be
accompanied by a recommendation as to the frequency of fund transfers from the Fiscal
Agent to the Contracting Agent that will be required to fund contracts awarded by 'the
Contracting Agent for the upcoming year (e.g. annual one-time transfer of funds,
quarterly transfer of funds, or other recommended timing.)
7. Discussion Concerning Potential Conflicts. Once the initial draft of the proposed
Annual Workplan is prepared, the IC Chair, the Administrator, the Fiscal Agent and the
Contracting Agent shall meet to review and discuss the Workplan and shall work
cooperatively to identify and address any potential conflicts that could arise with regard
to policies of the Administrator, the Fiscal Agent or the Contracting Agent. Examples
include proposed sale of recycling containers or other goods at less than the. purchase
price (i.e. subsidized cost of compost bins for the home composting program); provision
of recycling grants, prizes, incentives; and other such items. At the direction of the IC
Chair, the Administrator shall further investigate any potential conflicts that have been
identified, and shall, in consultation with the Fiscal Agent and the Contracting Agent,
research and propose solutions for each. If solutions cannot be found, the issue may be
presented to the IC for further consideration and/or the IC Chair may direct the
Administrator to revise the Workplan and Budget to remove the items creating the
potential conflict. In this event the IC Chair will inform the IC of such action when the
Annual Workplan and Budget are considered for approval.
5/6/13 27
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TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 4
CODE OF ETHICAL CONDUCT
1. Members shall strive to conduct all meetings, discussions and deliberations in a
spirit of collaboration and partnership. Members shall treat all persons with
respect and courtesy. In the course of discussions, members shall make their
arguments on the merits of the issue rather than engaging in personal remarks -or
attacks on persons holding positions other than their own.
2. All members shall remain aware that the activities of the TAC are funded by fees ,
raised from the public; and that the TAC is recommending expenditures of public
funds. Members shall act prudently and in the best interest of the public when
making fiscal and policy decisions.
3. Members shall voluntarily recuse themselves from all discussions and votes, and
shall refrain from expressing any opinion to other members on issues where any
one of the following apply:
a. "rhe member holds a financial interest such that the member could_
financially benefit from the action or issue being considered.
b. "rhe member is an owner or investor of a business -the TAC is considering
doing business with.
c. "rhe member owns land that is being considered for purchase or lease by
the TAC or by any program funded by the TAC.
d. A charity, community group or non-governmental organization to which the
member belongs or contributes funds would receive funds from the TAC
for projects or services.
e. A person in the member's family could benefit financially from the action or
issue being considered. Family includes the members' spouse, children,
step -children, grandchildren and step -grandchildren, as well as siblings
and parents of the member and the member's spouse.
4. A member recusing themselves shall mean (a) announcing the member has a
conflict of interest when the item is opened for discussion, (b) leaving the
meeting room before discussion on the matter commences, and (c) not returning
to the room until after discussion and any vote on the matter is concluded.
5. Members shall periodically conduct a self-assessment and inventory of any
potential conflicts of interest they may have and, if the member is unsure whether
or not a conflict exists, the member shall discuss the issue with the TAC Chair,
the Administrator, TAC Legal Counsel or legal counsel for the member's own
agency.
6. In the event a member fails to recuse him or her self during discussion of an
issue where the member appears to have a conflict of interest, the Chair of the
meeting shall ask the member to recuse him or her self and shall halt discussion
about the issue until the member has left the room.
7. Members shall not engage in financial transactions using non-public information
nor allow the improper use of such information to further any personal or private
interest.
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TAC MEMORANDUM OF AGREEMENT
8. Members shall not solicit or accept any gift or other item of monetary value from
any person or entity seeking official action from, doing business with, or
conducting activities regulated by the TAC, or whose interests may be
substantially affected by actions of the TAC. Gifts do not include coffee, tea,
donuts, discounts available to the general public, greeting cards or plaques of
minor intrinsic value. It is appropriate and prudent for members to decline even
items of minor intrinsic value from sources described in this section.
9. Members shall not knowingly make unauthorized commitments or promises of
any kind purporting to bind the TAC to take any type of action or to approve any
contract, program or other commitment.
10. Members shall not use their membership on -the TAC for private gain.
11. Members shall always act impartially and objectively and not give preferential
treatment to any organization or individual.
12. Members shall not seek or accept any contract to provide services to the TAC for
a period of at least six (6) months after termination of their membership on the
TAC.
13. Members shall adhere to, and be vigilant that the TAC adheres to, all applicable
. state, federal and local laws and regulations.
14.All members shall participate in a TAC -sponsored Ethics Training biennially.
15. Members shall endeavor to avoid any actions or statements that violate, or that
create -the appearance that they are violating, the law or any ethical standards
set forth in this Attachment.
5/6/13 29
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TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 5
PROCEDURES FOR TRANSFER OF COUNTYWIDE FUNDS FROM FISCAL AGENT
TO CONTRACTING AGENT
The following procedures shall be used in the event the Fiscal Agent and the Contracting
Agent are different.PARTIES..,
1. As part of its review and approval of the Annual Workplan and Budget, the IC shall establish
the amount of funds and the schedule for transfer of funds from the Fiscal Agent to the
Contracting Agent for the upcoming fiscal year.
2. Upon approval of the Annual Workplan and Budget by the Commission, the IC may take
appropriate actions consistent with the Annual Workplan and Budget, including but not limited
to, the following:
A. Direct the Fiscal Agent to transfer specific amount(s) of Countywide. Funds to the
Contracting Agent on a specified schedule. The schedule may call for annual, quarterly,
or more frequent transfers, as needed for the fiscal year.
B. Adjust the timing and/or the amount(s) of funds to be transferred by the Fiscal Agent
to the Contracting agent if circumstances change during the year, or if there are other
reasons to do so.
C. In the event the IC directs a change in the scope of work for an existing Outside
Contractor that will increase the cost of the work, the IC may direct -the Fiscal Agent to
transfer additional funds to the Contracting Agent to pay for the amended scope of
work.
3. In the event the Fiscal Agent is also serving as the Administrator, the IC shall direct the
Fiscal Agent to transfer funds to the Contracting Agent for payment of the Administrator. The
Contracting Agent shall pay the Administrator pursuant to the contract executed between the
Contracting Agent and the Administrator.
4. If a single PARTY is serving as the Fiscal Agent and the Contracting Agent, the IC
may direct that PARTY to retain a specified amount of Countywide Funds to pay -the
PARTY for performing the services of Fiscal Agent and Contracting Agent.
5. In the event a single PARTY is serving as the Fiscal Agent, the Administrator and the
Contracting Agent, the IC will direct the PARTY to implement the Annual Workplan'and
Budget as approved by the IC and the Commission. This includes paying the costs
specified in the approved Budget for the PARTY performing the duties of the
Administrator, the Fiscal Agent and the Contracting Agent, as well as carrying out the
duties of each.
6. If the Contracting Agent is, at any time, running out of funds or projects a shortfall in
funds due to changed conditions or circumstances, the Contracting Agent shall
immediately inform the IC and the Fiscal Agent and proceed according to -the directions
of the IC.
7. When making transfers of funds to the Contracting Agent, the Fiscal Agent shall
make the required arrangements for an electronic transfer of funds or for preparation of
a check made payable to the Contracting Agent.
8. If the Contracting Agent does not receive funds from the Fiscal Agent pursuant to the
schedule directed by the IC, the Contracting Agent shall promptly inform the Fiscal
Agent and the Fiscal Agent shall promptly arrange for the funds to be transferred.
5/6/13 30
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
TAC MEMORANDUM OF AGREEMENT
9. At the end of the fiscal year, the IC will review the Year End Contract Status Report
from the Contracting Agent, the Year -End Budget Report from the Fiscal Agent, and the
Year -End Report from the Administrator. The IC may direct the Contracting Agent to
transfer unspent, unencumbered funds to the Fiscal Agent or to retain such funds for
use in the following fiscal year. The Contracting Agent will promptly comply with the
directions of the IC.
10. If -the IC directs the Contracting Agent to transfer unspent funds to the Fiscal Agent,
the Fiscal Agent shall acknowledge receipt of such funds to the Contracting Agent and
shall note the transfer in the accounting records of the Fiscal Agent pursuant to
generally accepted government accounting procedures.
5/6/13 31
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
County of Santa Clara
Department of Agriculture and Environmental Management
Recycling and Waste Reduction Division
1555 Berger Drive Suite 300
San Jose, CA 95112
(408) 282-3180
Fax (408) 282-3188
DATE: September 2, 2014
TO: Clerk of the Board
FROM: Lisa Rose
RE: Memorandum of Agreement
http://www.ReduceWaste.org
Attached are the original, signed copies of the Agreement Creating the Santa Clara County
Recycling and Waste Reduction Technical Advisory Committee, signed by each Party to the
Agreement. Please forward an executed copy to me (electronically) and I will distribute to each
of the cities. Please contact me at 408-282-3166 or lisa.rose@aem.sccgov.org if you have any
questions.
Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, S. Joseph Simitian
County Executive: Jeffrey V. Smith
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
DocuSign Envelope 1D: F14D4D16-75CD-4EFE-8520-13M324051BC7
EXHIBIT C
lu 13115 to] ;7,1101100 013 -
UNDERSTANDING AMONG LOCAL
PUBLIC AGENCIES IN
SANTA CLARA COUNTY
FOR FOOD RECOVERY PROGRAM COSTS
SECTION 1. OVERVIEW
This Memorandum of Understanding ("MOU") is between the cities of Cupertino, Gilroy, Los
Altos, Milpitas, Morgan Hill, Mountain View, Palo Alto, San ]ase, Santa Clara, and Sunnyvale;
the town of Los Altos Hills; the County of Santa Clara; and the West Valley Solid Waste
Management Authority on behalf of its member agencies, the cities of Campbell, Monte Serena
and Saratoga; and town of Los Gatos; collectively "Parties" or individually as a "Party."
SECTION 2. RECITALS
WHEREAS, the signatory Parties are also "PARTIES" to the Memorandum of Agreement for the
Santa Clara County Recycling and Waste Reduction Technical Advisory Committee, which is a
Committee of the County of Santa Clara Recycling and Waste Reduction Commission that
advances the interests of Party jurisdictions by performing technical and policy review to inform
parties and advise the Commission on solid waste management issues, and bring together varied
expertise and viewpoints for planning and implementing the Commission approved annual
workplan and budget;
WHEREAS, the Parties have previously agreed to jointly fund the cost of a countywide edible
food recovery program to satisfy their respective obligations under SB 1383 (2016) and the
corresponding regulations;
WHEREAS, the County of Santa Clara is the Fiscal Agent for the Technical Advisory Committee
(TAC) to the Santa Clara County Recycling and Waste Reduction Commission and the City of
Morgan Hill is the Administrator and Contracting Agent for the TAC;
WHEREAS, the City of Morgan Hill, as Program Administrator and Contracting Agent, has
contracted with Joint Venture Silicon Valley to implement and manage the countywide Food
Recovery Program ("Program") for Fiscal Year 2023124;
WHEREAS, the Parties desire to execute this MOU to provide for their respective share of costs for
the Program;
NOW, THEREFORE, for good and valuable consideration, the adequacy and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
1
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
DocuSign Envelopa ID: F 14D4D1 B-76CD-4EFE-6520-B1A3240516C7
SECTION 3. PURPOSE OF THE MOU
The purpose of this MDU is to establish a means of requiring:
Payment by the Parties for their share of the costs for implementation of the Program.
SECTION 4. EFFECTIVE DATE
This MOU shall be effective upon execution of this MOU by all Parties C Effective Date")
SECTION 5. PAYMENTS UNDER THIS MOU
For purposes of the Program, the County of Santa Clara is the Fiscal Agent and the City of Morgan Hil I
is the TAC Administrator and Contracting Agent, as specified in the Santa Clara County Recycling and
Waste Reduction Technical Advisory Committee MOA.
The Parties agree to share costs for the services as described in Exhibit A of this MDU.
The County of Santa Clara will, within thirty (30) days of the Effective Date of this MOU, submit to
the other Parties an invoice for the amounts due under the MOU. Each party will make their
payment to the County of Santa Clara based on the invoice amount.
SECTION 5. RECORDS AND ACCOUNTS
The County of Santa Clara will keep complete and accurate financial records related to
accomplishing the purposes of this MOU. Upon reasonable notice to the County of Santa Clara, any
Party to this MOU may inspect the financial records related to this MOU.
SECTION 7. FURTHER ASSURANCES
Each Party will adopt, execute, and make any and all further assurances, instruments and
resolutions as may be reasonably necessary or proper to carry out the intention or to facilitate the
Parties' performance of their obligations under this MOU.
SECTION 8. REPRESENTATIONS AND WARRANTIES
Each Party represents and warrants to all other Parties as follows:
Authority: Each Party has the fulI legal right, power and authority under the laws of the State of
California to enter into this MOU and to carry out all of its obligations herein.
Due Exec to ion: Each Party's representatives who sign this MOLD are duly authorized to sign and bind
their respective agency.
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
DocuSign Envelops iD F14D4D16-76CD-4EFE-B52C-B1A324051SC7
SECTION 9. REMEDIES NOT EXCLUSIVE
No remedy herein conferred upon or reserved in this MOU is exclusive of any other remedy, and
each such remedy shall be cumulative and shall be in addition to every other remedy given hereunder
or now or hereafter existing in law or in equity or by statute or otherwise, and all such remedies may
be exercised without exhausting and without regard to any other remedy.
SECTION 10. INDEMNIFICATION
In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between
the Parties 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, pursuant to
Government Code Section 895.4, each of the Parties hereto shall fury 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 in 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 MOU. No Party, nor any
officer, board member, or agent thereof shall be responsible for any damage or Iiability occurring by
reason of the negligent acts or omissions or willful misconduct of any other Party hereto, its officers,
board members, employees, or agents, under or in connection with or arising out of any work authority
or jurisdiction delegated to such other Party under this MOU. The obligations set forth in this
paragraph will survive termination and expiration of this MDU.
SECTION 11. SEVERABILITY
The provisions of this MOU shall be severable, and if any clause, sentence, paragraph, provision or
other part shall be adjudged by any court of competent jurisdiction to be invalid, void, or
unenforceable, the remaining provisions of this MOU will be valid and binding on the Parties.
SECTION 12. AMENDMENTS
This MOU may only be amended by a written instrument signed by the Parties.
SECTION 13. COUNTERPARTS
This MOU may be executed in counterparts, each of which shall be deemed to be an original, but all
of which together shall constitute one and the same instrument.
SECTION 14. USE OF ELECTRONIC SIGNATURES
Unless otherwise prohibited by law, 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
3
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
DocuSign Envelope ID: F14D4D18-76CD4EFE-BUC-81A3240515C7
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 City of Morgan. Hill. For the
purposes of this agreement, the approved methods of signing shall be via DocuSign or original ink
signature signed in counterpart and scanned over to the CITY via electronic mail.
SECTION 15. INTERPRETATION, PRIOR AGREEMENTS AND AMENDMENTS.
This MCU, including all Exhibits attached hereto, represents the entire understanding of the Parties as
to those matters contained herein. In the event that the terms specified in any of the Exhibits attached
hereto conflict with any of the terms specified in the body of this MOU, the terms specified in the
body of this MOU shall control. No prior oral or written understanding shall be of any force or effect
with respect to those matters covered hereunder. This MOU may be modified only by a written
amendment duly executed by the Parties to this MOU.
SECTION 15. NO LEGAL RELATIONSHIP
By entering into this MOU, the Parties are neither forming, nor do they intend to form a partnership,
agency, or any other legal entity relationship. No Party is authorized to bind or to act as the agent or
legal representative of the other Party for any purpose, and neither Party is granted any express or
implied right or authority to assume or create any obligation or responsibility on behalf of or in the
name of any other Party.
SECTION 17. GOVERNING LAW, VENUE
This MOU has been executed and delivered in, and shall be construed and enforced in accordance
with, the laws of the State of California. Proper venue for Iegal action regarding this MCU shall be in
the County of Santa Clara.
IN WITNESS OF, the Parties have executed the MOU as of the last date set forth below:
DocuSlgned by: Slgned by:
aw1t La k F(�;t6l�mV. _j J S&,
Cr bTMbW?ho - City Manager AppTff8'f6rm, Cupertino
Date: 5/2/2023 Date: 5/1/2023
DocuSlgned 6y: Deauftmad by: Docu&Igned by.,
Fi�wl F661S Qln. IFA sv
tY MMW
F >�F y ity g A rovall aria laftn Gilroy
4�._.
Ci a ro 1 Manager pP Y
Date: 5/2/2023 Date: 5/4/2023 5/1/2023
4
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
(DocuSign Envelope 1D: 1=1404D16-76CD-4EFE-B52C-8IA3240516C7
FZvia
uSigned by:
City aPBffW&-- City Manager
Date: 5/1/2023
OocuSlgned by.
Town o os los Hills - Town Manager
Date: 5/1/2023
f—OacuSlgned br.
aWitAij 6JI40k
°eft- - City Manager /r4cr111, 7
Date: 5/10/2023
FRacuStgned hy.
�'tS iy, -rLIV'
City o'i"MVWMII - City Manager
Date: 5/5/2023
yyRocuSigned by:
City o 'NYMR View - City Manager
Date: 5/5/2023
AccuBigned by:
i 'BTW'dKtain View - Public Works Director
Date: 5/1/2023
Aw-Lajb ,
City of San Jose - Manager
Date: 5/2(1/202.3
Rocusipned 6y:
City o ISWWta - City Manager
Date: 5/7/2023
OticuSigned by:
ApprovaFas aT6t7n, Los Altos
Date: 5/1/2023
FaocuSlaned by:
aar. M.was
App3 ro A"(n'oftm, Las Altos Hills
Date: 5/19/2023
Roeu5lgned by:
Appra a 'RR8 fi; Milpitas
Date: 5/1/2023
Qoeuslaned by:
ApprovATWI ar b, Morgan Hilt
Date: 5/1/2023
FOocuSigned by:
��(li�
App milord tm, Mountain View
Date: 5/3/2023
L72ACArEF64NEF-
City
acuSigned by:
of Mountain View -
Administrative Services Director
Date: 5/2/2023
Approval as o form. San Jose
Tate- Z
Ooeu3ignetl by-,
S'
k. [{"M
oAl" Santa Clara (City)
Approv`aPgase�o
Date: 5/22/2023
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
DocuSign Envelope ID: F14D4D15-76GD-4EFE-B52C-81A3Z40516Ci
OocuSipned by:
City o 9iI'B"yvafe City Manager
Date; 5/2/2623
❑ecuSigoed by:
tw,
Coun WMAT aLlara - Director of Procurement
Date: 5/1/2023
Oc mSigned by:
West iia ey 96'td Waste Management
Authority - President
Date: 5/1/2023
❑anuSigned by:
City a a o a = City Manager
OocuSigned by:
!fit cca M..e6yu
Appro-v-09916YOn, Sunnyvale
Date: 5/1/2023
❑acu5ignnd by:
App?Mo TTFWY&rn, Santa Clara County
Date: 5/1/2023
OocuSipned by:
Approvai s° o' rnn, West Valley Solid
Waste Management Authority
Date: 5/8/2023
DoauSfgned by;
I.� CSS
Approvaf as tt8"?ohb, City of Palo Alta
Date: 5/5/2 023 Date: 5/11/2023
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
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DocuSign Envelope ID F14D4016-76CD-4EFE-B52C-91A3240596C7
EXHIBIT A:
SCOPE OF SERVICES
Base Program — Countywide Food Recovery Program Management
From July 1, 2023 to June 3D, 2424, Joint Venture Silicon Valley will run the Santa Clara County Food
Recovery Program, serving as the food recovery program (Program) on behalf of all jurisdictions
(Jurisdictions) of the Parties, and coordinating with any Party performing their own enforcement.
The Base Program
z. Will develop and coordinate a standardized and uniform method to comply with California
Code of Regulations, Title 14, Division 7, Chapter 12, "Short -Lived Climate Pollutants." The
Program will operate within the Party's boundaries and replace the need for the Party to create
such a program on its awn.
2. Each year by March, the Program will conduct a review of new Tier I and Tier 2 Entities, to
ensure that as businesses open in Santa Clara County, the appropriate regulated entities are
added to the Tier I and Tier 2 lists. Closing businesses will be identified during the reporting
process, and be eliminated from the lists.
3. Provide Parties with requirements for inclusion in the `large event' list requested from each
Party, as well as provide electronic materials for distribution for large event planners.
4. Shall provide Parties with the information and data necessary for the Parties to make their
required reports to CalRecycle.
5. Shall retain records of inspections for each Party for a minimum of five (5) years.
6, Shall notify the Party promptly about any related issues that require the Party's assistance or to
request the Party lead in resolving the issues) that arise related to non-compliance.
7. Shall fulfill the annual education requirement for the Parties and provide the data needed for the
Parties to complete required CalRecycle reports.
8. Shall conduct generator and Food Recovery Organization/Services requests for reports, compile
the results, and communicate those results to the jurisdictions for inclusion in the
Implementation Record Data Summary, and to Santa Clara County for use in future Capacity
Planning efforts.
9. Shall conduct inspections and monitoring in compliance with CalRecycle expectations for Tier
One businesses, Tier Two entities and Organizations, and Food Recovery Organizations and
Services.
10, The Program shall supply appropriate content for the web site, SCCFoodRecovery.org, as well
as a list of Food Recovery Organizations and Services. The list will he annually updated and
made accessible to Tier I and 2 Entities.
w
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
DocuSlgn Envelope [D; F14D4D16-75CD-4EFE-B52G-BIA3240518G7
11. The Program leadership shall represent the interests of the Program with other entities,
Counties, and CalRecycle.
12. The Program leadership shall create reports about Program activities at the end of each fiscal
year. These reports shall include monitoring statistics, details on overall comp]iance,
compliance in certain sectors, total number of pounds of food hovered, and a summary of all
enforcement actions taken.
13. Statistics about food recovery in Santa Clara County will be shared on the Office of
Sustainability website as part of the Sustainability Master Plan Data Dashboard and the Annual
Sustainability Report.
All Parties to this MOU will receive the Base Program services_
Infrastructure Enhancements Program
As shown in Exhibit A of this MOU, jurisdictions have chosen to contribute to the edible food recovery
Infrastructure Enhancements Program which will direct additional food recovery resources to
participating jurisdictions between July 1, 2023 and June 30, 2024. The Infrastructure Enhancements
Program will include two subprograms, described as follows:
1) Small Capacity Grants. Grants will be issued to increase the food recovery capacity of food
recovery organizations that serve contributing jurisdictions. Applications will be solicited,
awards will be issued, and funds wi11 be distributed. Joint Venture Silicon Valley will provide
information for Annual Reporting that shows .how contributions to this subprogram were spent
on behalf of each participating Agency.
2) Food Waste Prevention Classes. A webinar/in-,person series will be advertised for different
sectors regulated under SB 1383 (e.g., restaurants, hospitals, schools, large events). The series
will promote food waste prevention measures specific to each regulated sector, provide food
recovery tips and best practices, and teach businesses and organizations how to comply with SB
1383 and local ordinances. The series will start with Tier 2, and then move into Tier 1 groups
that answered 'zero pounds' in their reports, if funding allows. Joint Venture Silicon Valley will
provide information for Annual Reporting that shows how contributions to this subprogram
were spent on behalf of each participating Party.
H
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
Docu gn
Certificate of Completion
Envelope Id: F14D4Dl676CD4EFEB52CB1A3240515C7
Status: Completed
Subject: Complete with DocuSign: FRP_SharedCostAgrmt_MOU_removed West Valley
Cities final_4sigsMV_5.1.23.pdf
Source Envelope'
Document Pages: 9 Signatures: 27
Envelope Originator:
Certificate Pages: 12 Initials; 0
City Clark's Office
AutoNav: Enabled
17575 Peak Ave
Envelopeld Stamping; Enabled
Morgan Hill, CA 95037
Time Zone: (UTC -08:00) Pacific Time (US & Canada)
cityclerk@morganhill.m.gov
Oec"510-d hy_
IP Address: 152.44.239.118
Record Tracking
Status. Original
Holder: City Clerk's Office
Location: DocuSign
5/1/2023 9:56:15 AM
cityclerk@morganhiil.ca.gov
Security Appliance Status: Connected
Pool: StateLocal
christlna.turner@morganhiil.ca,gov
Storage Appliance Status: Connected
Pool: City of Morgan Hill
Location: DocuSign
Signer Events
Signature
Timestarnp
Andy Faber
Oec"510-d hy_
Sent: 51'112023 11:08:41] AM
andy.faber@berliner.comC
FAkr
Viewed: 5148023 2:33:49 PM
City Attorney
'B7°` ENDD1470f
Signed: 5/4/2023 2:34:21 PM
Security Level: Email, Account Authentication
(None)
Signature Adaption: Pre -selected Style
Using IP Address: 68.121.158.241
Electronic Record and Signature Disclosure:
Accepted: 5/4/2023 2:33:49 PM
ID: 018fda0b-2810-4146-b6c6-fi cdbd3fbdb8
Ashwini Kantaku8@.Ab'" Sent: 5/1/2023 11;08;42 AM
aRantak@miipltas.govElcoc"r
i� 6" Viewed: 5/19/2023 10:15:19 AM
Security Level: Email, Account Authentication AMs4AG "c4.. Signed: 511012023 10:15:43 AM
(None)
Signature Adoption: Pre-salected Style
Using IP Address: 50,59,22,2
Electronic Record and Signature Disclosure:
Accepted: 511 012 023 10:15:19 AM
ID' 3dg9ce9d-2d92-432f-bb5e-f3fae0bf276d
b Slpn�d hy.
Cain Arellano Sent: 51112023 11;08:53 AM
talo.arellano@cityofpaloalto,org ��= Resent: 5/112023 91:55:46 AM
Security Level: Email, Account Authentication e'cx�sFAa3ya�aa'. Viewed; 5111/2023 6:02;19 AM
(None) Signed: 511112023 6:02:43 AM
Signature Adoption: Uploaded Signature Image
Using IP Address: 96.47.120.62
Electronic Record and Signature Disclosure;
Accepted: 511112023 6:02:19 AM
ID: b8fef,4c7-5026-4fad-93f8-50501443e4c
Christina Turner
o""aron.d Sent: 5/112023 11:08:44 AM
christlna.turner@morganhiil.ca,gov
u+l►� �; Viewed: 515!2023 5:52:03 AM
E
City Manager
ene+mencaeeMD_ Signed: 51512023 5:53:50 AM
City of Morgan Hill
Security Level: Email, Account Authentication
Signature Adoption: Pre -selected Style
(None)
Using IP Address: 107.115.112.18
Electronic Record and Signature Disclosure:
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
Signer Events Signature Timestamp
Accepted: 515/2623 5:52:03 AM
ID: de6d7e7d-5dcf-41bla264-c221890ae38b
Christopher D. Jenson �r'°w'`-°gFgMdby Sent: 5/1/2023 11:48:39 AM
christop herj@cupertino:urg VAY1 �d� V. ,tjAIS&I Viewed: 5/112023 11;16:38 AM
Securit Level: Email, Account Aut hen lien -0EA0BY7CO2B7+Ea_
Y Signed: 5/112023 11:17:56 AM
(None)
Signature Adoption: Pre•seiected Style
Using IP Address: 136.24.22.194
Electronic Record and Signature Disclosure:
Accepted: 51112623 11:16;38 AM
10: 1 b0627 ee--947f-4d4e-9466-fiedb7d3f2fOG
Dawn S Cameron Iv
°°c451onmbyo Sent: 5/1/2023 11:08:43 AM
dawn.cameron@mountainview_gov AWV' S ['WL K- Viewed: 5/112023 4:53:11 PM
Security Level: Email, Account Authentication "'°°`'"F"C41?r Signed: 5/1/2023 4:55:46 PM
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 38.99.34.33
Electronic Record and Signature Disclosure:
Accepted: 5/1/2023 4;53:11 PM
ID: 3be33e4c-c54bA07a-a33e-Oc220c191 g3c
Derek Ram one c W(R.dbr
P Sent: 51112023 11:08:43 AM
derek.rampone@?mountainview.gov Viewed: 511/2023 71:21;57 AM
Security Level: Email, Account Authentication rsacaauerere,uv... Signed: 5/2/2023 3:28;25 PM
(None)
Signature Adoption: Drawn on Device
Using IP Address: 38,99.34.33
Electronic Record and Signature Disclosure:
Accepted: 5/1/2023 11:21:57 AM
ID: a0de42d3-4c19-4af4-91ff-dege621a3i69
D.. signed e
Diana axe y [TFFIKAMIU601-
r• Sent: 51312023 1;48;51 PM
diana.fazely@mountainview.gov tAL><.a. r�,t. Viewed; 513/2.023 2:22:58 PM
SecurityLevel: Email, Account Authentication Signed: 5/3/2023 2:23:0T PM
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 73A 89, 195,168
Electronic Record and Signature Disclosure:
Accepted: 513/2023 2:22:56 PM
ID: 274e1052-Beb2-41dr abdb-7e1a7fe9dc69
Donald Larkin [DOWSW cdey Sent: 511/2023 11:08:50 AM
donald.larkin@morganhHl.ca.gov ditn Viewed: 5/1/2023 11 15;41 AM
City Attorne (Risk Manager +s eco2r+a
Signed: 5/112023 11:16:52 AM
Security Level; Email. Account Authenticatlnn
(None) Signature Adoption: Pre -selected Styre
Using IP Address: 71.93.229,66
Electronic Record and Signature Disclosure:
Accepted: 5/1/2023 11:15:41 AM
ID;9330dec4-8ed0-4b73-b974-f34f5o21o2bc
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
Signer Events Signature 7imestamp
Ed Shikada °""E''""day_ Sent: 5/1/2023 11:08:53 AM
ed.shikada@cityofpaloalto.org L Viewed' 51312023 91:01:32 AM
Security Level: Email, Account Authentication Fe0LA'9Cu0104F9'. Signed; 5/5/2023 9:56:54 AM
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 199.33.32..254
Electronic Record and Signature Disclosure:
Accepted: 5/312023 11:01:32 AM
ID:9d7491c6-779e-4f4h-b273-c1976a4163f0
Gabriel Engeland ay: enc: 1 1:0 Agangeland@losaltosco.gov [M.Usro-'s
abyid "_6" Viewed: 5/112023 8:37:92 PM
Security Level: Email, Account Au then ticatien 1871E*18CCUAF8._ Sig nod! 5/1/2023 8:37:25 PM
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 98.248,50.11
Electronic Record and Signature Disclosure:
Accepted: 5/1/2023 8:37:12 PM
ID: 230984e0-2f4e-4f90-b622-22a858fa831 d
Pnau8lpn.q Yy.
Jimmy Forhis Sent: 511 2023 11'08:41 AM
jimmy.forbis@ci.gilroy,ca.usEjFA0IOICFFOnS4r3._.
vw%4 VbrkS Viewed: 6/212423 10:43:36 PM
City Administrator Signed: 5/212023 10:43:53 PM
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre -selected Style
Using 1P Address; 71.93.228.96
Electronic Record and Signature Disclosure.-
Accepted:
isclosure:Accepted: 512/2023 10:43:36 PM
tt7: 079f 1 c50-5863-4ece-83b7-32815a1 f536d
Jolle Houston O-Olpned°y' Sent: 511/2023 11:08:45 AM
jolie_houston@berliner.com Viewed: 519/2023 11:54:20 ANI
Security Level: Email, Account Authentication k".., L FCOB41454-.Signed: 5/1/2023 11:54:44 AM
(None)
Signature Adaption: Pre -selected Style
Using IP Address: 68.121.158.241
Electronic Record and Signature Disclosure:
Accepted: 5/1/2023 11:54:20 AM
ID!042df2eg-3fld-4574-aelg-ccgeed44dOe1
Jovan 0. Grogan
jgrogan(4 santactaraca.gov��
Co-eom.dby:
r �
Sent: 5/1/2023 11:08:49 AM
Viewed: 5/512023 7:45:47 AM
Security Level: Email, Account Authenticatlon
SEWe DEV%30 _
Signed: 5/7/2023 11:56:55 AM
(None)
Signature Adoption: Drawn on Device
Using IP Address: 172.58.88.157
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 5/5/2023 7:45;07 AM
ID:5e9934b0-786a-4565-8462-3e1f503a84ca
Kent Steffens°�
�1pii�6y�^
Sent: 5/1/2023 1 1'08'48 AM
ksteffens@sunnyvale,ce.gov
Std{t S
Viewed: 5/2/2023 8:36:02 PM
Security Level: Email, Account Authentication
oc9,ee,3caausF._
Signed: 5/212023 9:33:31 PM
(None)
Signature Adaption: Pre -selected Style
Using IP Address; 198.94.221.85
Electronic Record and Signature Disclosure:
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
Signer Events Signature Timestamp
Accepted: 5/2/2023 8.36:42 PM
ID: 40f98182-e26c-41 ee-b04a-2bf2d2e4D5ed
Kimbra McCarthy °"¢`"'"e90y` Sent: 5/1/2023 11:09:04 AM
kimbra.mocarthy@mountainview,gov �^"'�'` H'&-tdy Viewed: 5/512023 7:14:02 AM
Secudly levet: Email, Account Authentication �- res,a9oFA�Aa.. Signed: 5/5/2023 7:16:33 AM
(None)
Signature Adoption: Pre -selected Style
Using IP Address; 104,9,124.184
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 5/5/2023 7:14:02 AM
ID: ge3ea2b742c942a5-b420-67899dOa5625
Kirsten Powell
°oL1B'e 4
tV" UA- p6wa
Sent: 5/1/2023 11:08:59 AM
kpawelltgloganpowell.com
Viewed: 5/8/2023 8:30:54 AM
Security Level: Email, Account AuthanlicaIIon
p¢r'SEOE7'TM64"
Signed: 5!812023 8:31:40 AM
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 73.63.184.160
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 5/812023 8:30:54 AM
ID:39ea5193-a104-46d7•be4b-b83b88d7cd9b
Luis M. Fiara
w�.e ey:
Sent; 511/2023 11:08:52 AM
ggoogins@santaclaraca,gov
E6's
ouSi�I . �{dt 6
Viewed: 5/1/2023 1:21:38 PM
Security Level: Email, Account Authentication
oaan'w,�esac,n�
Signed: 5/22/2023 12:39;39 PM
(None)
Signature Adoption: Pre -selected Style
Using IP Address; 38.99.114.1
Electronic Record and Signature Disclosure:
Accepted: 511/2023 1:21:38 PM
I0:5cfd82bg-2c82-46c5-x742-65b978ec1475
Matthew Hada °..�0j�rrun.6by; J Sent: 511/2023 11:09:03 AM
matthew.hada@prc.sccgov.org ��ia[iu.tW hViewed: 5/112023 11:35;37 AM
Security Level: Erna ll, Account Authentication Signed: 51112023 11:35:53 AM
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 146.74,1.98
Electronic Record and Signature Disclosure;
Accepted: 5/1/2023 11:3537 AM
ID:404a699c-fd90-4e9D-b4ad-ffa503a42agd
O bFl¢ned hy:
Michael Mutaiipassi �I, Sent: 511120 23 11:08:51 AM
mmutalipassi@milpitas.gov [�~--- Viewed: 5!112023 3:19:26 PM
Security Level: Email, Account Authentication Signed: 51112023 3:2121 PM
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 50.59.22.2
Electronic Record and Signature Disclosure:
Accepted: 51112023 3:19:26 PM
ID:ce4c3433-1741-4287-aOfe-337910c7dg08
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8EO
Signer Events Signature Timestarnp
Pamela Wu C -019-d by' Sent: 5/1/2023 1'1:08:40 AM
pamelaw@cupertino.org AL6. tk> Viewed: 5/2/2023 8;37:35 AM
Security Level; Emaii, Account Authenticatton wFFJwwc706, Signed: 5/2/2023 8:37.53 AM
(None)
Signature Adaption, Pre -selected Style
Using iP Address: 64.165.34.3
Electronic Record and Signature Disclosure:
Accepted: 512=23 8:37:35 AM
10:1c99465f-8f73-49cB-9b49-c01366e9O343
Peter Pirnejad °°`u9''"why: Sent: 5111202311'08:54AM
ppirnejad@losalloshllls,ca.gov INtr P4 Resent: 5/1/2023 11,48:47 AM
Security Level: Email, Account Authentleation r+aoaoraoya, Viewed: 5/1/2023 1:20:03 PM
(done) Signed: 5/1120 23 1,21:01 PM
Sig nature Adoption: Pre -selected Style
Using IP Address; 50.239.26.174
Electronic Record and Signature Disclosure;
Accepted: 511/2023 1:20:03 PM
ID 8a6c1047-d9f6-4897-b1c2-4d6b8fO5O17b
Rebecca Moon
Sent: 5111202311:09:00 AM
rmoon@sunnyvale.ca.gcv
��°"r'R04
�uu kbN. Viewed: 519/2023 11:12:14 AM
Security Level: Email, Account Authentication
4ao,ae,ee++,.a�_. Signed: 5/1/2023 11:17:31 AM
(None)
(None)
Signature Adoption; Pre -selected Style
Using IP Address: 98.37. 126.2 12
Electronic Record and 5ignaiure Disclosure:
Accepted: 5/112023 11:12:13 AM
ID.-397f2456-e21a-4908-98b9-783350938b41
Rob Hittorr
n°°"Hyned hr;
� Sent: 5/112023 11:08:58 AM
"" �` °0ti'
rchiiton@hfh•cvnsultents.cvmE]
Viewed: 5/1/2023 11:09:58 AM
President
�aaes,dwrr'w'- Signed: 511/2023 11:1O:A 1 AM
Security Level: Email, Account Authenticatlon
(None)
Signature Adoption: Are -selected Style
Using IP Address: 24.6.115.57
Electronic Record and Signature Disclosure:
Accepted: 5/112023 11:09:58 AM
In:Bf58b590-31 f7-4e05-b2de-a151a10OfOad
Steve Mattas Sent: 511/2023 11:08:51 AM
stevem@meyersnave,com [ � Viewed: 5/512023 9:27:32 AM
Security Level: Email, Account Authentication ��sreezraa'wcn'_. Signed: 519912023 9:59:08 AM
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 174,1 97.76.94
Electronic Record and Signature Disclosure:
Accepted- 515/2023 9:27:32 AM
ID-1206ba84-549d-4f5a-ac2d-aga8ab5f27bd
Willie Nguyen EuOAI?$T3IIII?rFQ44*-
°°"IS..dnr Sertt: 511/2023 11:08;57 AM
willle.nguyen@cco.sccgev.org u, Viewed: 511/2023 11:10:42 AM
Security Level: Email, Account Authenkicalion Signed: 51112023 11:15;46 AM
(None)
Signature Adoption: Pre -selected Style
Using 1P Address: 146.74.60,99
Electronlc Record and Signature Disclosure:
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
Signer Events Signature Timestamp
Accepted: 5!112023 11:10:41 AM
ID:a500d164-6f76-4e97-a568-7cded4a68632
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
Brad Eggleston���� Sent_ 5/1/2023 12;41:43 PM
brad.eggleston@cityofpalealto.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Casey Leedom COPIED Sent. 5/1/2023 11:08:46 AM
cleedo m@ lora Itasca ,gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Chuck Muir COPIED Sent: 511/2023 11:08:47 AM
chuck.muir@cilyofpaloalto.org Resent: 5/112023 12:41:42 PM
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Clif Chew COPIED Sent: 5/1/2023 11:09;02 AM
cllfton.chew@cep.sccgov.org Viewed: 5/1/2023 11:09:52 AM
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cynthia Iwanaga COPIED Sent: 5/2/2023 7:49:20 AM
cynthia.iwanaga@morganhiil.ca.gov Viewed: 512!2023 8:25:53 AM
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 5/112023 9:24:00 AM
11D. 66h4f144-4cd04412-aff0-d3ah5542acf7
Dave StaubSent; 5/112023 11,09-101 AM
dsiau b@saniacla raca.gov COPIED Viewed: 512212023 1:00:43 PM
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure.-
Not
isclosure:Not Offered via DocuSign
Hailey Gordon rn Di n Sent: 511/2023 11:08:59 AM
hgordon@hfh-consultants.com
Security Level: Email, Account Authentication
(None)
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
Carbon Copy Events
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Hemali Mikhael
hernall.mikhael@mountainview.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ivan Carmona-Torres
ivan.carrnonalocres@rnorganhill.ca.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
,Jennifer Cutter
jenn if er.cutter@ mou ntainview.g ov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kim Mancera
k'im.mancera@morganhill.ce.gov
Municipal Services Assistant
City of Morgan Hill
Security Level- Email, Account Authentications
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Laura Lo
laura.lc)@moLintainview.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mlchole Young
m;chele.young@cep.sccgov.org
Security Level: Email, Account Authentication
(None), Login With SSO
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Myvan Khuu-Seeman
mkh u us eeman@m li pitas.g ov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Paula Sorge$
pa u la.borges@ci tyofpa loa Ito. org
Security Level; Email, Account Au then Iicalion
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Status
Timestamp
Sent; 5/1/2023 11:08:46 AM
Sent: 5/1/2023 11:08:58 AM
Viewed: 5/1/2023 11:1F:26 AM
Sent- 5/112023 11:11$:52 AM
Viewed: 51112023 11:28:24 AM
Sent: 5/1/2023 11:08:56 AM
Sent: 5/1/2423 11:08;47 AM
Sent: 5/112423 11:08:57 AM
Viewed: 51112023 3:57:39 PM
Sent: 5/112023 11;08:54 AM
Viewed: 5/22/2023 12;41:10 PM
Sent: 5/1/2023 11:08:55 AM
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
Carbon Copy Events
Sarina Revillar
srevillar@losaltoshill&ca.gov
Security Level; Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Status
COPIED
5hilsha Gupta COPIED sgupta@sunnyvale.ca.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure.
Not Offered via DocuSign
Tania Ks COPIED
tkath i@ lolosal tasca.gov
Securlty Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure;
Not Offered via DocuSign
Tanya Carothers PI
ELF
tan y a. carothers@moe rga n h ill. ca .g ov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ursula Syrova COPIED � ��
ursulas@cuperUno.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
WVSWMA ������
wvswma@hfh-corisultants.com
Security Level: Email, Account Authentleation
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Timestamp
Sent: 5/1/2023 11:08:48 AM
Sent: 511/2023 11:09:02 AM
Viewed: 511/2023 11:10:34 AM
Sent_ 5/1/2023 11:08:44 AM
Viewed: 5/22/2023 12:41:18 PM
Sent: 5/1/2023 11;08:45 AM
Sent: 5/1/2023 11:08:41 AM
Viewed: 5/22/2023 12:41:39 PM
Sent: 5/1/2023 11;08;55 AM
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
5/1/2023 11:09:05 AM
Envelope Updated
Security Checked
5/1/2023 11:48:48 AM
Envelope Updated
Security Checked
5/1/2023 11:55:45 AM
Envelope Updated
Security Checked
5/1/2023 11:55:45 AM
Envelope Updated
Security Checked
5/1/2023 12:41:42 PM
Envelope Updated
Security Checked
5/1/2023 12:41:42 PM
Envelope Updated
Security Checked
5/2/2023 7:49:20 AM
Envelope Updated
Security Checked
5/3/2023 1:48:51 PM
Envelope Updated
Security Checked
5/3/2023 1 AB -,51 PM
Certified Delivered
Security Checked
5/1/2023 11:10:42 AM
Signing Complete
Security Checked
5/1/2023 11:15:46 AM
Completed
Security Checked
5/2212023 12:39:39 PM
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
Necironic Record and Signature Disclosure created cm 5/29/2020 4:52:24 FIM
Parties agreed to: Andy Faber, AuWni Kontak, Cala Arellano, Christina Turner, Christopher D. Jenson, dawn S Cameron, Derek Rampone, Diana Faxely, Donald Le
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Morgan Hill (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 (ERS D), 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
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
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 City of Morgan Hill:
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 email send messages to: micheIle.bigelow@morganhill.ea.gov
To advise City of Morgan Hill 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 michelle.bigelow@morganhill.ca.gov and in the body of such request you must state: your
previous email address, your new email address. We do not require any other information from
you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from City of Morgan Hill
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 michelle.bigelow@xxorganhill.ea.gov 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 City of Morgan Bill
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0
i. decline to sign a document from witbin 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 michelle.bigelow@,morganhill.ca.gov 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.. The consequences of your withdrawing
consent for online documents will be that transactions may take a longer time to process.,
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: hgps:llsuppoil.docusigm.com/giiides/sig�rierguide-
s i gnin�g-system-requirein ents,
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 thture 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 City of Morgan Hill 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 City of Morgan Hill during the course of your relationship with City
of Morgan Hill.
Certificate Of Completion
Envelope Id: 3A93AB9892E14CA3A81B8E947DE2F8E0
Subject: Complete with Docusign: Food Recovery Program FINAL FRP MOU 6-11-2024.pdf
Source Envelope:
Document Pages: 79 Signatures: 27
Certificate Pages: 12 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC -08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
6/12/2024 10:55:16 AM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Signer Events
Andy Faber
andy.faber@berliner.com
City Attorney
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 6/17/2024 11:54:16 AM
ID:643bbd8b-a793-43ed-a365-42b9a1c52cdb
Caio Arellano
caio.arellano@cityofpaloalto.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 6/19/2024 12:14:18 PM
ID:1d22a672-7a41-4755-be58-33967b52283c
Christina Turner
christina.turner@morganhill.ca.gov
City Manager
City of Morgan Hill
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 6/21/2024 3:01:11 PM
ID:ebb503O7-4Oc6-4e4f-95e8-cb87e6e01978
Christopher Jensen
christopherj@cupertino.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Holder: City Clerk's Office
cityclerk@morganhill.ca.gov
Pool: StateLocal
Pool: City of Morgan Hill
Signature
ED ... Sign,d by:
1979C9EB5B68470...
Signature Adoption: Pre -selected Style
Using IP Address: 73.63.185.241
ED ... Si,n,d by:
81C299FA3B9340
Signature Adoption: Uploaded Signature Image
Using IP Address: 199.33.32.254
ED—Signed by:
�t Nish" fibWlA"
6D0198AF549944D...
Signature Adoption: Pre -selected Style
Using IP Address: 174.85.125.241
I DocuSigned
by:
sfaP�kr , umu,
4EA6B27CD2B74E4...
Signature Adoption: Pre -selected Style
Using IP Address: 64.165.34.3
DocuSign
Status: Completed
Envelope Originator:
City Clerk's Office
17575 Peak Ave
Morgan Hill, CA 95037
cityclerk@morganhill.ca.gov
IP Address: 35.131.77.142
Location: DocuSign
Location: DocuSign
Timestamp
Sent: 6/12/2024 11:35:00 AM
Viewed: 6/17/2024 11:54:16 AM
Signed: 6/18/2024 8:00:12 AM
Sent: 6/19/2024 9:05:04 AM
Viewed: 6/19/2024 12:14:18 PM
Signed: 6/19/2024 12:14:31 PM
Sent: 6/12/2024 11:35:03 AM
Resent: 6/18/2024 10:40:03 AM
Viewed: 6/21/2024 3:01:11 PM
Signed: 6/21/2024 3:07:11 PM
Sent: 6/12/2024 11:35:00 AM
Viewed: 6/12/2024 11:50:25 AM
Signed: 6/12/2024 11:50:35 AM
Signer Events Signature Timestamp
Accepted: 6/12/2024 11:50:25 AM
ID:87fde15f-e225-497c-ba93-cac7b43d9eO9
Cynthia Hasson DocuSignedby: Sent: 6/13/2024 8:09:24 AM
cynthia.hasson@morganhill.ca.gov ""401' Viewed: 6/13/2024 10:56:12 AM
Assistant City Attorney I 72C451 Si
ned: 6/13/2024 11:03:30 AM
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre -selected Style
Using IP Address: 35.131.77.142
Electronic Record and Signature Disclosure:
Accepted: 6/13/2024 10:56:11 AM
ID:9fO25614-526f-4766-82ca-71a7cOde37df
D
Derek Rampone Sent: 6/12/2024 11:35:02 AM
derek.rampone@mountainview.gov
E,,
igned by: Viewed: 6/14/2024 1:17:22 PM
Security Level: Email, Account Authentication 72ACA8DEF84E4EF... Signed: 6/14/2024 1:20:47 PM
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 72.134.188.247
Electronic Record and Signature Disclosure:
Accepted: 6/14/2024 1:17:22 PM
ID: 6b6aO51 1 -aOae-4fO9-b442-e7526e4d7e45
Ed Shikada ED*,"Si,n,d by. Sent: 6/19/2024 9:05:05 AM
ed.shikada@cityofpaloalto.org U 54" Viewed: 6/19/2024 4:10:05 PM
City Manager F2DCA19CCC804F9 Signed: 6/19/2024 4:10:20 PM
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre -selected Style
Using IP Address: 199.33.32.254
Electronic Record and Signature Disclosure:
Accepted: 6/19/2024 4:10:05 PM
ID: 1613dOdb-fcf8-41 d2-83bf-48f2cfefd190
Edward Arango D � Sig d bySent: 6/12/2024 11:35:09 AM
ed.arango@mountainview.gov 5639F2E4427074'OB
pWA4 QV' Viewed: 6/12/2024 12:01:13 PM
Securit Level: Email Account Authentication Signed: 6/12/2024 12:02:34 PM
Y 9
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 38.99.34.33
Electronic Record and Signature Disclosure:
Accepted: 6/12/2024 12:01:13 PM
ID:f3894cea-e5fa-4794-8642-98715557c765
Gabriel Engeland by: Sent: 6/12/2024 11:35:04 AM
gengeland@losaltosca.gov ( Viewed: 6/12/2024 12:48:28 PM
SecurityLevel: Email Account Authentication ED—Signed
2E359125D48049E Signed: 6/12/2024 12:48:36 PM
� 9
(None)
Signature Adoption: Drawn on Device
Using IP Address: 24.5.148.170
Electronic Record and Signature Disclosure:
Accepted: 6/12/2024 12:48:28 PM
ID: 6e9a 1 cfb-811 e-4e9c-8a 17-aaf5bf1 dda4d
Signer Events Signature Timestamp
Greta Hansen �—DoauSignedby Sent: 6/12/2024 11:35:10 AM
greta.hansen@ceo.sccgov.org Resent: 6/18/2024 10:40:04 AM
Security Level: Email, Account Authentication 21MOD3c9664E9 Viewed: 6/19/2024 2:21:30 PM
(None) Signed: 6/19/2024 2:22:01 PM
Signature Adoption: Drawn on Device
Using IP Address: 73.223.26.112
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 6/13/2024 2:03:05 PM
ID:748e40d0-bfe3-4069-b43f-9f81cedfc689
Jimmy Forbis EDII"Sil"Id by: Sent: 6/12/2024 11:35:01 AM
jimmy.forbis@ci.gilroy.ca.us �ww�I� FobiS Viewed: 6/18/2024 8:54:12 AM
City Administrator FAWDCFFD9254E3... Signed: 6/18/2024 8:54:24 AM
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre -selected Style
Using IP Address: 66.189.161.134
Electronic Record and Signature Disclosure:
Accepted: 6/18/2024 8:54:12 AM
ID:216338b4-7976-4712-84a4-018136c2a42e
Jolie Houston D Sig dby: Sent: 6/12/2024 11:35:05 AM
jolie.houston@berliner.com Resent: 6/18/2024 10:40:06 AM
SecurityLevel: Email Account Authentication C9B31E7C58B41464 Viewed: 6/18/2024 10:48:05 AM
,
(None) Signed: 6/18/2024 10:51:54 AM
Signature Adoption: Pre -selected Style
Using IP Address: 68.121.158.241
Electronic Record and Signature Disclosure:
Accepted: 6/18/2024 10:48:05 AM
ID:fb8779e4-063f-4865-9b1c-cbc7b6cf0306
Jovan D. Grogan S'g dby:Sent: 6/12/2024 11:35:05 AM
jgrogan@santaclaraca.gov bn �. �Vb�A1A Resent: 6/18/2024 10:40:06 AM
Y 9Cit Mana er ED
5EAD83DED5C343A Resent: 6/24/2024 9:40:54 AM
Security Level: Email, Account Authentication Viewed: 6/24/2024 12:05:58 PM
(None) Signature Adoption: Pre -selected Style Signed: 6/24/2024 12:08:42 PM
Using IP Address: 38.99.114.1
Electronic Record and Signature Disclosure:
Accepted: 5/5/2023 7:45:07 AM
ID:5e9934b0-786a-4665-8462-3e1f503a84ca
Kent Steffens EOC91EMCOA345F
Doc"Signed by: Sent: 6/19/2024 9:05:05 AM
ksteffens@sunnyvale.ca.gov S �t I 's Viewed: 6/19/2024 3:30:36 PM
Security Level: Email, Account Authentication Signed: 6/19/2024 3:35:21 PM
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 198.94.221.66
Electronic Record and Signature Disclosure:
Accepted: 6/19/2024 3:30:36 PM
ID:899feOd3-21dc-4814-adae-dffd8146960d
Kimbra McCarthy by: Sent: 6/12/2024 11:35:07 AM
kimbra.mccarthy@mountainview.gov ED—Signed
.rx Viewed: 6/12/2024 1:48:44 PM
Securit Level: Email Account Authentication 253F6B1B9DFA4AB... Signed: 6/12/2024 1:49:00 PM
Y 9
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 38.99.34.33
Electronic Record and Signature Disclosure:
Signer Events Signature Timestamp
Accepted: 6/12/2024 1:48:44 PM
ID:882bcb81-488e-4854-b7f9-c4fce774c2eO
Kirsten Powell EDI-Sign1d by: Sent: 6/12/2024 11:35:06 AM
tinft U �bWt
kpowell@loganpowell.com Resent: 6/18/2024 10:40:07 AM
Security Level: Email, Account Authentication 0OF15EOE71244B4... Resent: 6/24/2024 9:40:55 AM
(None) Viewed: 6/24/2024 2:07:36 PM
Signature Adoption: Pre -selected Style
Signed: 6/24/2024 2:07:58 PM
Using IP Address: 24.130.24.100
Electronic Record and Signature Disclosure:
Accepted: 6/24/2024 2:07:36 PM
ID:8bd29dad-3c4a-4b10-b2a3-ea6eff9ae44c
Luis M. Haro. ED—Sign1d
bySent: 6/13/2024 9:26:03 AM
Iharo@santaclaraca.gov s At. h b. Viewed: 6/13/2024 9:44:17 AM
Security Level: Email, Account Authentication 2c Eo41ss4BDo4gc... Signed: 6/13/2024 9:45:18 AM
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 38.99.114.1
Electronic Record and Signature Disclosure:
Accepted: 6/13/2024 9:44:17 AM
ID: 60671 fd5-06fa-469b-9d4b-428d50257596
Merry Monlux DocuSignedbySent: 6/12/2024 11:35:05 AM
merry.monlux@mountainview.gov 1 NLblabA)' Viewed: 6/14/2024 1:36:55 PM
SecurityLevel: Email Account Authentication E6BF0855EE6D84'C5 Signed: 6/14/2024 1:37:09 PM
9
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 38.99.34.33
Electronic Record and Signature Disclosure:
Accepted: 6/14/2024 1:36:55 PM
ID:Oa99aa48-7aaO-41b1-b3d1-910bd8800dad
Michael Mutalipassi �q dby Sent: 6/19/2024 9:05:06 AM
mmutalipassi@milpitas.gov L211MH13111111111
Viewed: 6/20/2024 8:40:02 AM
Securit Level: Email Account Authentication Signed: 6/20/2024 8:40:16 AM
Y 9
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 98.207.128.111
Electronic Record and Signature Disclosure:
Accepted: 6/20/2024 8:40:02 AM
ID:53986d39-2eb7-4bcb-b658-71c26cc7e61d
Mitesh Bhakta bbyy: LW
Sent: 6/12/2024 11:35:10 AM
mitesh.bhakta@mountainview.gov ED—Signed
R. _SL JL }a Viewed: 6/12/2024 11:36:17 AM
Sr. Atty 4991CB89EFA1439... Signed: 6/12/2024 11:37:35 AM
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre -selected Style
Using IP Address: 65.78.11.213
Electronic Record and Signature Disclosure:
Accepted: 6/12/2024 11:36:17 AM
ID:e440acde-2c49-46b2-a3af-435ee5b2e315
Signer Events Signature Timestamp
by:Ned Thomas EDII"Sig"Id Sent: 6/19/2024 9:05:06 AM
nthomas@milpitas.gov I u owaS Viewed: 6/19/2024 8:09:53 PM
Security Level: Email, Account Authentication 20F767CO1DC7468 Signed: 6/19/2024 8:10:14 PM
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 50.59.22.2
Electronic Record and Signature Disclosure:
Accepted: 6/19/2024 8:09:53 PM
ID:5e335e8b-0759-4a36-9aOc-e8a44789079a
Pamela Wu by: Sent: 6/12/2024 11:35:01 AM
pamelaw@cupertino.org EDII"Sil"Id
auMdx Rk Viewed: 6/12/2024 5:33:28 PM
Security Level: Email, Account Authentication AA92FF3291c7438... Signed: 6/12/2024 5:33:41 PM
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 64.165.34.3
Electronic Record and Signature Disclosure:
Accepted: 6/12/2024 5:33:28 PM
ID:5348c8e7-d79a-4409-8968-ed8c2353506b
Peter Pirnejad ED...Signedby: Sent: 6/21/2024 9:03:43 AM
ppirnejad@losaltoshills.ca.gov t,hy ptVin 4 Viewed: 6/21/2024 3:16:47 PM
Security Level: Email, Account Authentication 7138697393344A2 Signed: 6/21/2024 3:17:04 PM
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 50.239.26.174
Electronic Record and Signature Disclosure:
Accepted: 6/21/2024 3:16:47 PM
ID:8db14dd2-477d-46df-ab70-c092fb7ae59b
Rebecca Moon S'g dby: Sent: 6/19/2024 9:05:06 AM
rmoon@sunnyvale.ca.gov ED
tbtttA, Au6v, Viewed: 6/19/2024 9:25:17 AM
Securit Level: Email Account Authentication 4004BB486114497 Signed: 6/19/2024 9:26:20 AM
Y 9
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 67.180.140.18
Electronic Record and Signature Disclosure:
Accepted: 6/19/2024 9:25:17 AM
ID:02dd246e-097e-4694-a7a5-f85e472884a2
Rob Hilton ED—SignId by Sent: 6/12/2024 11:35:06 AM
rchilton@hfh-consultants.com J °b 4).'. ' Viewed: 6/13/2024 7:25:37 PM
President 4AOB2764OFF1481... Signed: 6/13/2024 7:25:59 PM
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre -selected Style
Using IP Address: 73.162.225.86
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 6/13/2024 7:25:37 PM
ID: b24efa33-d8fb-499e-81bf-bc555cd69978
Steve Mattas EDIIUSignIdby: Sent: 6/21/2024 9:03:43 AM
steve.mattas@redwoodpubliclaw.com hvt. ka6ls Viewed: 6/21/2024 9:11:39 AM
Security Level: Email, Account Authentication 69AA956264944E3 Signed: 6/21/2024 9:11:56 AM
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 66.202.144.198
Electronic Record and Signature Disclosure:
Signer Events Signature Timestamp
Accepted: 6/21/2024 9:11:39 AM
ID:1fad47a1-76b3-43d3-965e-22e300d2ec28
Willie NguyenSent: 6/12/2024 11:35:09 AM
willie.nguyen@cco.sccgov.org ED-USig"Id
tu,tt, ny: N"w' Viewed: 6/13/2024 4:50:56 PM
Security Level: Email, Account Authentication A1756187CF04415 Signed: 6/13/2024 4:51:21 PM
(None)
Signature Adoption: Pre -selected Style
Using IP Address: 171.244.64.206
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 6/13/2024 4:50:56 PM
ID: 76f07138-f83c-490c-b8f8-21f67001 bde8
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
Angel Echavarria� Sent: 6/12/2024 11:35:12 AM
angel.echavarria@morganhill.ca.gov ED Resent: 6/18/2024 10:40:03 AM
Security Level: Email, Account Authentication Resent: 6/24/2024 9:40:54 AM
(None) Resent: 6/24/2024 2:12:31 PM
Viewed: 6/24/2024 2:13:31 PM
Electronic Record and Signature Disclosure:
Accepted: 6/18/2024 11:54:10 AM
ID:9a8a34be-a944-4e24-b3ec-56b417eda167
Chuck Muir Sent: 6/19/2024 9:05:07 AM
chuck.muir@cityofpaloalto.org Viewed: 6/19/2024 9:12:02 AM
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Clif Chew Sent: 6/12/2024 11:35:12 AM
clifton.chew@cep.sccgov.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cody Einfalt* C
Sent: 6/21/2024 9:03:43 AM
ceinfalt@losaltoshills.ca.gov i L
Viewed: 6/24/2024 2:13:27 PM
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cynthia Iwanaga�
Sent: 6/12/2024 11:35:03 AM
cynthia.iwanaga@morganhill.ca.gov COPED
Viewed: 6/12/2024 11:35:53 AM
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Carbon Copy Events Status Timestamp
Accepted: 9/5/2023 4:07:21 PM
ID:d62341d0-d41b-409c-9258-c4f2747fa1c9
Dave Staub
dstaub@santaclaraca.gov
City of Santa Clara
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
COPIED
Glen R. Googins PI E D
cityattorney@santaclaraca.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Hailey Gordon PI E �
hgordon@hfh-consultants.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Harun Musaefendic PI E
hmusaefendic@losaltosca.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Heba EI-Guindy COPIED
heba.el-guindy@ci.gilroy.ca.us
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Hemali Mikhael PI E �
hemali.mikhael@mountainview.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jennifer Cutter PI E D
jennifer.cutter@mountainview.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Laura Lo PI E D
laura.lo@mountainview.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sent: 6/12/2024 11:35:08 AM
Viewed: 6/12/2024 12:41:40 PM
Sent: 6/13/2024 9:26:04 AM
Viewed: 6/19/2024 11:45:30 AM
Sent: 6/12/2024 11:35:11 AM
Viewed: 6/13/2024 9:23:27 AM
Sent: 6/12/2024 11:35:04 AM
Viewed: 6/12/2024 11:50:29 AM
Sent: 6/12/2024 11:35:01 AM
Viewed: 6/12/2024 4:16:41 PM
Sent: 6/12/2024 11:35:07 AM
Sent: 6/12/2024 11:35:11 AM
Viewed: 6/12/2024 11:45:07 AM
Sent: 6/12/2024 11:35:06 AM
Viewed: 6/12/2024 1:05:33 PM
Carbon Copy Events
Status
Michele Young COPIED
michele.young@cep.sccgov.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Myvan Khuu-Seeman PI E D
mkhuuseeman@milpitas.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Paula Borges PI E D
paula.borges@cityofpaloalto.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Shikha Gupta PI E D
sgupta@sunnyvale.ca.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Tanya Carothers PI E D
tanya.carothers@moerganhill.ca.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Timothy Willette PI E D
timothy.willette@mountainview.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ursula Syrova PI E D
ursulas@cupertino.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Victoria Labrador COPIED
victoria.labrador@mountainview.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
WVSWMA PI E �
wvswma@hfh-consultants.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Timestamp
Sent: 6/12/2024 11:35:11 AM
Viewed: 6/12/2024 1:40:49 PM
Sent: 6/19/2024 9:05:07 AM
Viewed: 6/19/2024 9:06:39 AM
Sent: 6/19/2024 9:05:07 AM
Sent: 6/19/2024 9:05:07 AM
Viewed: 6/19/2024 9:05:28 AM
Sent: 6/12/2024 11:35:03 AM
Sent: 6/12/2024 11:35:07 AM
Viewed: 6/12/2024 4:14:38 PM
Sent: 6/12/2024 11:35:02 AM
Viewed: 6/12/2024 12:03:00 PM
Sent: 6/12/2024 11:35:07 AM
Viewed: 6/12/2024 11:36:08 AM
Sent: 6/12/2024 11:35:12 AM
Viewed: 6/13/2024 6:54:00 PM
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
6/12/2024 11:35:13 AM
Envelope Updated
Security Checked
6/13/2024 8:09:24 AM
Envelope Updated
Security Checked
6/13/2024 8:09:24 AM
Envelope Updated
Security Checked
6/19/2024 9:05:03 AM
Envelope Updated
Security Checked
6/19/2024 9:05:03 AM
Envelope Updated
Security Checked
6/19/2024 9:05:03 AM
Envelope Updated
Security Checked
6/19/2024 9:05:03 AM
Envelope Updated
Security Checked
6/19/2024 9:05:04 AM
Envelope Updated
Security Checked
6/19/2024 9:05:04 AM
Envelope Updated
Security Checked
6/19/2024 9:05:04 AM
Envelope Updated
Security Checked
6/19/2024 9:05:04 AM
Envelope Updated
Security Checked
6/19/2024 9:05:04 AM
Envelope Updated
Security Checked
6/19/2024 9:05:04 AM
Envelope Updated
Security Checked
6/21/2024 9:03:42 AM
Envelope Updated
Security Checked
6/21/2024 9:03:42 AM
Envelope Updated
Security Checked
6/21/2024 9:03:42 AM
Envelope Updated
Security Checked
6/24/2024 2:12:30 PM
Certified Delivered
Security Checked
6/13/2024 4:50:56 PM
Signing Complete
Security Checked
6/13/2024 4:51:21 PM
Completed
Security Checked
6/24/2024 2:12:32 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 5/29/2020 4:52:24 PM
Parties agreed to: Andy Faber, Caio Arellano, Christina Turner, Christopher Jensen, Cynthia Hasson, Derek Rampone, Ed Shikada, Edward Arango, Gabriel Engelanc
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Morgan Hill (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
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 City of Morgan Hill:
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 email send messages to: michelle.bigelow@morganhill.ca.gov
To advise City of Morgan Hill 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 michelle.bigelow@morganhill.ca.gov and in the body of such request you must state: your
previous email address, your new email address. We do not require any other information from
you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from City of Morgan Hill
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 michelle.bigelow@morganhill.ca.gov 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 City of Morgan Hill
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 michelle.bigelow@morganhill.ca.gov 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.. The consequences of your withdrawing
consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: haps://support.docusi n�guides/signer--uide-
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 City of Morgan Hill 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 City of Morgan Hill during the course of your relationship with City
of Morgan Hill.