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HomeMy WebLinkAboutCounty of Santa Clara Food Recovery Program1 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 José, 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 2 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, Article1, 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 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 3 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: Party’s Annual Share = (Total Budgeted Cost for Year DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 4 ÷ 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 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 5 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 6 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 7 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: City of Cupertino – City Manager Approval as to form, Cupertino City Attorney Date: Date: City of Gilroy- City Manager Approval as to form, Gilroy City Attorney Date: Date: DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 6/18/2024 6/12/2024 6/18/2024 6/12/2024 8 City of Los Altos – City Manager Approval as to form, Los Altos City Attorney Date: Date: Town of Los Altos Hills – Town Manager Approval as to form, Los Altos Hills Town Attorney Date: Date: City of Milpitas – City Manager Approval as to form, Milpitas City Attorney Date: Date: City of Morgan Hill, as a Party and as Contracting Agent and TAC Administrator Approval as to form, Morgan Hill City Attorney Date: Date: City of Mountain View- Acting Public Works Director City of Mountain View – Finance and Administrative Services Director Date: Date: DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 6/21/2024 6/13/2024 6/14/20246/12/2024 6/12/2024 6/18/2024 6/20/20246/19/2024 6/21/2024 6/21/2024 9 City of Mountain View- City Manager Approval as to form, Mountain View Senior Assistant City Attorney Date: Date: City of Mountain View-Assistant City Clerk Date: West Valley Solid Waste Management Authority (on behalf of the cities of Campbell, Monte Sereno, Saratoga, and the Town of Los Gatos) -Executive Director Approval as to form, West Valley Solid Waste Management Authority Attorney Date: Date: City of Santa Clara - City Manager Approval as to form, Santa Clara City Attorney Date: Date: City of Palo Alto – City Manager Approval as to form, Palo Alto Assistant City Attorney Date: Date: DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 6/19/20246/19/2024 6/24/2024 6/12/2024 6/24/2024 6/13/2024 6/14/2024 6/12/2024 6/13/2024 10 City of Sunnyvale – City Manager Approval as to form, Sunnyvale Interim City Attorney Date: Date: County of Santa Clara, as a Party and as Fiscal Agent - Chief Operating Officer Approval as to form and legality, Santa Clara County Deputy County Counsel Date: Date: City of San José, Director of the City Manager's Office of Administration, Policy and Intergovernmental Relations Approval as to form, San José Senior Deputy City Attorney Date: Date: DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 6/19/2024 6/19/2024 6/19/2024 6/13/2024 Proposed Jurisdiction Contributions for Base Program and Enhancements FY 2024-2025 Price per gen/auxillary site 136.5 139.39 71.6 115.4 Jurisdictions Total Edible Food Generators Base Program Contract Cost Likely Jurisdiction Base and Fiscal Agent amount Potential Infrastructure Enhancements - low range Potential Infrastructure Enhancements - high range Jurisdiction Likely Amount with Full Infrastructure Enhancements Campbell 57 $ 7,781 $ 7,945 4,081$ $6,578 14,523$ Cupertino 80 $ 10,920 $ 11,151 5,728$ $9,232 20,383$ Gilroy 57 $ 7,781 $ 7,945 4,081$ $6,578 14,523$ Los Altos 41 $ 5,597 $ 5,715 2,936$ $4,731 10,446$ Los Altos Hills 2 $ 273 $ 279 143$ $231 510$ Los Gatos 51 $ 6,962 $ 7,109 3,652$ $5,885 12,994$ Milpitas 113 $ 15,425 15,751$ 8,091$ $13,040 23,842$ Monte Sereno 1 $ 137 139$ 72$ $115 255$ Morgan Hill 55 $ 7,508 7,666$ 3,938$ $6,347 14,013$ Mountain View 131 $ 17,882 18,260$ 9,380$ $15,117 33,377$ Palo Alto 103 $ 14,060 14,357$ 7,375$ $11,886 26,243$ San Jose 941 $ 128,447 131,166$ 67,376$ $108,591 239,757$ Santa Clara 206 $ 28,119 28,714$ 14,750$ $23,772 52,487$ Saratoga 25 $ 3,413 3,485$ 1,790$ $2,885 6,370$ Sunnyvale 164 $ 22,386 22,860$ 11,742$ $18,926 41,786$ Unincorporated SCC 50 $ 6,825 6,967$ 3,580$ $5,770 12,737$ Total County- wide 2077 $ 283,511 289,511$ 148,713$ 239,686$ 524,247$ Contributions to Infrastructure Enhancements by each agency are subject to change pending final approvals by each Agency. SANTA CLARA COUNTY FOOD RECOVERY PROGRAM Exhibit A DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 1 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 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 2 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. DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 3 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 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 4 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. DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 EXHIBIT B DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: F14D4D16-76CD-4EFE-B52C-B1A3240516C7 MEMORANDUM OF 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 José, 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 Sereno 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 2023/24; 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: EXHIBIT C DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: F14D4D16-76CD-4EFE-B52C-B1A3240516C7 SECTION 3. PURPOSE OF THE MOU The purpose of this MOU 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 (“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 Hill 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 MOU. 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 6. 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 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. Due Execution: Each Party’s representatives who sign this MOU are duly authorized to sign and bind their respective agency. DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: F14D4D16-76CD-4EFE-B52C-B1A3240516C7 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 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. 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 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 MOU. 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 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: F14D4D16-76CD-4EFE-B52C-B1A3240516C7 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 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. SECTION 16. 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 legal action regarding this MOU 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: DocuSigned by: Pamela Wu City SPCUPEHino - City Manager Date: 5/2/2023 DocuSigned by: Jimmy Forlas City of ‘Gilroy - City Manager Date: 5/2/2023 DocuSigned by: iis Approvarae ‘form, Cupertino Date: 5/1/2023 DocuSigned by: DocuSigned by: Audy Falur oo 70... 1464... Approval as to form, Gilroy Date; 5/4/2023 5/1/2023 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: F14D4D16-76CD-4EFE-B52C-B1A3240516C7 [al rid Eanland, City of SPARES - City Manager Date: 5/1/2023 DocuSigned by: { peter Pirmyad. Tone os Altos Hills - Town Manager DocuSigned by: ( Ashwini bautak City SP Rtipitts - City Manager /actiN“G Date: 5/10/2023 DocuSigned by: ( Claritin Tuer City OP MOrSaV Hill - City Manager Date: 5/5/2023 DocuSigned by: Kinbra McCarthy City of MIOUABIN View - City Manager Date: 5/5/2023 DocuSignedby: by: ( Daun S Cameron ‘Ci BERPititain View - Public Works Director Date: 5/1/2023 Sarah rgrate City of San Jose - Cty Manager Date: 5/26/2023 DocuSigned by: <2 City oF SHA CMita - City Manager Date: 5/7/2023 DocuSigned by: — 0831 Approval as to form, Los Altos Date: 5/1/2023 DocuSigned by: [ Stow fates Approval 4816 40%m, Los Altos Hills Date: 5/19/2023 (— DocuSigned by: Approval #8 28"rotfi; Milpitas Date: 5/1/2023 (Donald, Larkin Approvat a¢tofétm, Morgan Hill Date: 5/1/2023 DocuSigned by: ans FE arly Appr aPsigaefetm, Mountain View [zy by: T2ACA8DEF64B4BF... City of Mountain View - Finance Administrative Services Director Date: 5/2/2023 [ploenclosl Approval as to form, San Jose Date: L DocuSigned by: (us ML. Hare Approval as" 0 fori, Santa Clara (City) Date: 5/22/2023 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: F14D4D16-76CD-4EFE-B52C-B1A3240516C7 DocuSigned by: { Lend Stufuns City oF SuBhy Vale - City Manager Date: 5/2/2023 DocuSigned by: Matthew Hada County Sf Sant?’ tara - Director of Procurement Date: 5/1/2023 DocuSigned by: She tito — oe West Valley Solid Waste Management Authority - President Date: 5/1/2023 DocuSigned by: | Ed Stiksda City of Palo AltS = City Manager Date: 5/5/2023 DocuSigned by: Rebeca Meow MN Approval 48 to form, Sunnyvale Date: 5/1/2023 DocuSigned by: Willi Mauer Approvill's2’fo'féim, Santa Clara County Date: 5/1/2023 DocuSigned by: { birdun Powell Approval a8 to'forin, West Valley Solid Waste Management Authority Date: 5/8/2023 DacuSigned by: [ fae ee Approval as to form, City of Palo Alto Date: 5/11/2023 DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: F14D4D16-76CD-4EFE-B52C-B1A3240516C7 EXHIBIT A COSTS AND SCOPE OF SERVICES Froposed Jurisdiction Contributions for Base Program and Infrastructure - FY 23-24 Program Costs Initial HBase Program | Base Program Initial Local Asst. | program — | Contract Cost | Contribution Potential -|Grant (LAG). “pledge” | Tier1 | Tier2 Total | ($133 per ($133 per | Infrastructure | Enhancement Jurisdictions {Allocation | 19% of LAG | Generators | Generators | Generators | generator) | generator) | Enhancements | Contribution 55,495 77,953 75,255 7,980 11,970 7,847 Campbell Cupertino Gilroy 10,544 11 49 60 14,811 10 80 90 14,298 11 48 59 7,980 11,970 7,847 2,564 2,841 6,451 2,564 2,841 6,451 Los Altos 41,038 7,797 7 34 41 5,453 5,453 2,344 2,344 Los Altos Hills 20,000 3,800 0 2 2 266 266 3,534 3,534 Los Gatos 41,465 7,878 10 45 55 7,315 7,315 563 563 Milpitas 100,259 19,049 21 92 113 15,029 15,029 4,020 4,020 Monte Sereno 133 133 3,667 3,667 Morgan Hill Mountain View 63,156 12,000 15 43 58 109,638 20,831 17 114 131 7,714 17,423 7,714 17,423 4,286 3,408 4,286 3,408 | Palo Alto 89,759 17,054 7 106 113 15,029 15,029 2,025 2,025 San Jose 1,351,654 256,814 212 787 999 132,702 132,702 124,112 124,112 Santa Clara Saratoga Sunnyvale 172,504 32,776 40 162 202 41,085 7,806 2 26 28 202,777 39,368 26 144 170 26,866 3,724 22,610 22,610 26,866 3,724 5,910 4,082 5,910 4,082 16,758 16,758 $ $ $ $ $ $ $ 20,000/$ 3,800 0 1 1 $ $ $ $ $ $ $ Dh] Se] UE] UE UE UE OE] UE) TP] UD | OP] LV] UE OAL OM] WIM) MOM) OH] wm] Ow Unincorporated SCC 113,337 | $ 23,000 13 35 48 6,384 6,384 16,616 16,616 Ar] el A] HE] | MH] | HLM] HW] | MH) VIO Totals ER EN Ee EL EL aL EL LL UL Ue] UF] UF] Ue) VLU] VM] MA) MW] WIM] AO] MH) wW) wo) non 2,575 ara $ 491,627 402 1768 2170 288,445|$ 288,445 203,182 | $ 203,182 West Valley Cities: FY 23-24 éainnibudens funded by West Valley Solid Waste Managen ment — $ 19,152 S$ 10,876 ‘Note: Initial program pledge was based on program cost estimate before program establishment and expences with program Sue of work. Enhancement Contributions may be reduced, but not the Base Program Contribution. Contributions to Infrastructure Enhancements by each agency are subject to change pending final saarduals by each Agency. DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: F14D4D16-76CD-4EFE-B52C-B1A3240516C7 EXHIBIT A: SCOPE OF SERVICES Base Program — Countywide Food Recovery Program Management From July 1, 2023 to June 30, 2024, 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 1 10. 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 own. Each year by March, the Program will conduct a review of new Tier 1 and Tier 2 Entities, to ensure that as businesses open in Santa Clara County, the appropriate regulated entities are added to the Tier 1 and Tier 2 lists. Closing businesses will be identified during the reporting process, and be eliminated from the lists. 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. Shall provide Parties with the information and data necessary for the Parties to make their required reports to CalRecycle. Shall retain records of inspections for each Party for a minimum of five (5) years. Shall notify the Party promptly about any related issues that require the Party’s assistance or to request the Party lead in resolving the issue(s) that arise related to non-compliance. Shall fulfill the annual education requirement for the Parties and provide the data needed for the Parties to complete required CalRecycle reports. 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. 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. 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 be annually updated and made accessible to Tier 1 and 2 Entities. DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 DocuSign Envelope ID: 11. 12. 13. F14D4D16-76CD-4EFE-B52C-B1A3240516C7 The Program leadership shall represent the interests of the Program with other entities, Counties, and CalRecycle. 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 compliance, compliance in certain sectors, total number of pounds of food recovered, and a summary of all enforcement actions taken. 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 2) recovery organizations that serve contributing jurisdictions. Applications will be solicited, awards will be issued, and funds will 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. 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. fii DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 Certificate Of Completion Envelope Id: F14D4D1676CD4EFEB52CB1A3240516C7 Subject: Complete with DocuSign: FRP_SharedCostAgrmt_MOU_removed West Valley Cities final_4sigsMV_5.1.23.pdf Source Envelope: Document Pages: 9 Certificate Pages: 12 AutoNav: Enabled Envelopeld Stamping: Enabled Signatures: 27 Initials: 0 Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 5/1/2023 9:56:15 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: 5/4/2023 2:33:49 PM ID: 019fdeOb-2610-414b-b6c6-f1 cdbd3fbdb8 Ashwini Kantak akantak@milpitas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/10/2023 10:15:19 AM ID: 83d99ce9d-2d92-432f-bb5e-f3fae0bf276d Caio Arellano caio.arellano@cityofpaloalto.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/11/2023 6:02:19 AM ID: b8fef4c7-5026-4fad-93f9-5c1501443e4c Christina Turner christina.turner@morganhill.ca.gov City Manager City of Morgan Hill 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 : [a Faby 1979CSEBS5B68470... Signature Adoption: Pre-selected Style Using IP Address: 68.121.158.241 [in bantak OCFA2D4A9CB804E4... Signature Adoption: Pre-selected Style Using IP Address: 50.59.22.2 (eas by: 81C299FA3B9340E... Signature Adoption: Uploaded Signature Image Using IP Address: 98.47.120.62 DacuSigned by: Cluvistiva Tuer 6D0198AF549944D... Signature Adoption: Pre-selected Style Using IP Address: 107.115.112.18 DocuSign Status: Completed Envelope Originator: City Clerk's Office 17575 Peak Ave Morgan Hill, CA 95037 cityclerk@morganhill.ca.gov IP Address: 152.44.239.118 Location: DocuSign Location: DocuSign Timestamp Sent: 5/1/2023 11:08:40 AM Viewed: 5/4/2023 2:33:49 PM Signed: 5/4/2023 2:34:21 PM Sent: 5/1/2023 11:08:42 AM Viewed: 5/10/2023 10:15:19 AM Signed: 5/10/2023 10:15:43 AM Sent: 5/1/2023 11:08:53 AM Resent: 5/1/2023 11:55:46 AM Viewed: 5/11/2023 6:02:19 AM Signed: 5/11/2023 6:02:43 AM Sent: 5/1/2023 11:08:44 AM Viewed: 5/5/2023 5:52:03 AM Signed: 5/5/2023 5:53:50 AM DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 Signer Events Accepted: 5/5/2023 5:52:03 AM ID: deOd7e7d-5dcf-4 1b1-a264-c221890ae38b Christopher D. Jenson christopherj@cupertino.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/1/2023 11:16:38 AM ID: 1b0621ee-947f-4d4e-9466-6edb7d3f2f06 Dawn S Cameron dawn.cameron@mountainview.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/1/2023 4:53:11 PM ID: 3be33e4c-c54b-407a-a33e-06220619193c Derek Rampone derek.rampone@mountainview.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/1/2023 11:21:57 AM ID: a0de42d3-bc19-4af4-91ff-d09e62fa3f69 Diana Fazely diana.fazely@mountainview.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/3/2023 2:22:56 PM ID: 274e1052-6eb2-41dc-abdb-7e1a7fc9dc69 Donald Larkin donald.larkin@morganhill.ca.gov City Attorney/Risk Manager Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/1/2023 11:15:41 AM ID: 9330dec4-8ed0-4b73-b974-f34f502102bc Signature DocuSigned by: Chyisoplur 0. Junsou 4EAGB27CD2B74E4... Signature Adoption: Pre-selected Style Using IP Address: 136.24.22.194 DocuSigned by: ( Daun S Cameron 431D4C48F33C49F... Signature Adoption: Pre-selected Style Using IP Address: 38.99.34.33 (cz by: ‘72ACABDEF64B4BF... Signature Adoption: Drawn on Device Using IP Address: 38.99.34.33 DocuSigned by: Diana Fanuly ‘7FF9A7208CBB4D1... Signature Adoption: Pre-selected Style Using IP Address: 73.189.195.168 DocuSigned by; Donald (arkiv. 45E6F0273EA2464... Signature Adoption: Pre-selected Style Using IP Address: 71.93.229.68 Timestamp Sent: 5/1/2023 11:08:39 AM Viewed: 5/1/2023 11:16:38 AM Signed: 5/1/2023 11:17:56 AM Sent: 5/1/2023 11:08:43 AM Viewed: 5/1/2023 4:53:11 PM Signed: 5/1/2023 4:55:46 PM Sent: 5/1/2023 11:08:43 AM Viewed: 5/1/2023 11:21:57 AM Signed: 5/2/2023 3:28:25 PM Sent: 5/3/2023 1:48:51 PM Viewed: 5/3/2023 2:22:56 PM Signed: 5/3/2023 2:23:07 PM Sent: 5/1/2023 11:08:50 AM Viewed: 5/1/2023 11:15:41 AM Signed: 5/1/2023 11:16:52 AM DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 Signer Events Ed Shikada ed.shikada@cityofpaloalto.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/3/2023 11:01:32 AM ID: 9d7491c6-779e-4f4b-b273-c1976a41b3f0 Gabriel Engeland gengeland@losaltosca.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/1/2023 8:37:12 PM ID: 230984e0-2f4e-4f90-b622-22a859fa83 1d Jimmy Forbis jimmy.forbis@ci.gilroy.ca.us City Administrator Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/2/2023 10:43:36 PM ID: 079f1c50-59b3-4ecc-83b7-32815a1f536d Jolie Houston jolie.houston@berliner.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/1/2023 11:54:20 AM ID: 042df2e9-3f1d-457d-ae19-cc9eed44d0e1 Jovan D. Grogan jgrogan@santaclaraca.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/5/2023 7:45:07 AM ID: 5e9934b0-786a-4665-8462-3e1f503a84ca Kent Steffens ksteffens@sunnyvale.ca.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Signature DocuSigned by: F2DCA19CGCED4F9.., Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 DocuSigned by: Cabri. Crguland. 1221E448CC844F8... Signature Adoption: Pre-selected Style Using IP Address: 98.248.50.11 DocuSigned by: (sin Fovlis FAB7DCFFD9254E3... Signature Adoption: Pre-selected Style Using IP Address: 71.93.228.96 DocuSigned by: Signature Adoption: Pre-selected Style Using IP Address: 68.121.158.241 DocuSigned by: ase SEADSEDEDSC343A.., Signature Adoption: Drawn on Device Using IP Address: 172.58.88.157 Signed using mobile DocuSigned by: kent Steffns OC91E613C0AS45F... Signature Adoption: Pre-selected Style Using IP Address: 198.94.221.66 Timestamp Sent: 5/1/2023 11:08:53 AM Viewed: 5/3/2023 11:01:32 AM Signed: 5/5/2023 9:56:54 AM Sent: 5/1/2023 11:08:42 AM Viewed: 5/1/2023 8:37:12 PM Signed: 5/1/2023 8:37:25 PM Sent: 5/1/2023 11:08:41 AM Viewed: 5/2/2023 10:43:36 PM Signed: 5/2/2023 10:43:53 PM Sent: 5/1/2023 11:08:45 AM Viewed: 5/1/2023 11:54:20 AM Signed: 5/1/2023 11:54:44 AM Sent: 5/1/2023 11:08:49 AM Viewed: 5/5/2023 7:45:07 AM Signed: 5/7/2023 11:56:55 AM Sent: 5/1/2023 11:08:48 AM Viewed: 5/2/2023 8:36:02 PM Signed: 5/2/2023 9:33:31 PM DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 Signer Events Accepted: 5/2/2023 8:36:02 PM ID: 40f98182-e26c-4 1ee-b04a-2bf2d2e405ed Kimbra McCarthy kimbra.mccarthy@mountainview.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/5/2023 7:14:02 AM ID: 9¢3ea2b7-42c9-42a5-b420-67899d0a5625 Kirsten Powell kpowell@loganpowell.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/8/2023 8:30:54 AM ID: 39ea5193-a104-46d7-be4b-b83b88d7cd9b Luis M. Haro ggoogins@santaclaraca.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/1/2023 1:21:38 PM ID: 5cfd82b9-2c82-46c5-a742-65b978ec1475 Matthew Hada matthew.hada@prc.sccgov.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/1/2023 11:35:37 AM ID: 404a699c-fd90-4e90-b4ad-ffa503a42a9d Michael Mutalipassi mmutalipassi@milpitas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/1/2023 3:19:26 PM ID: cc4c3433-1741-4297-a0fe-337910c7d908 Signature DocuSigned by: Kimnbra McCarthy 253F6B1B9DFAGAB... Signature Adoption: Pre-selected Style Using IP Address: 104.9,124.184 Signed using mobile DocuSigned by: hivsten Powell OOF 15E0E71244B4... Signature Adoption: Pre-selected Style Using IP Address: 73.63.184.160 Signed using mobile DocuSigned by: (wis M. Kare 0990184AB84C4B7... Signature Adoption: Pre-selected Style Using IP Address: 38.99.114.1 DocuSigned by: Matthew Hada CEAOS0A27EBB4EA... Signature Adoption: Pre-selected Style Using IP Address: 146.74.1.98 [A— Signature Adoption: Uploaded Signature Image Using IP Address: 50,59.22.2 Timestamp Sent: 5/1/2023 11:09:04 AM Viewed: 5/5/2023 7:14:02 AM Signed: 5/5/2023 7:16:33 AM Sent: 5/1/2023 11:08:59 AM Viewed: 5/8/2023 8:30:54 AM Signed: 5/8/2023 8:31:40 AM Sent: 5/1/2023 11:08:52 AM Viewed: 5/1/2023 1:21:38 PM Signed: 5/22/2023 12:39:39 PM Sent: 5/1/2023 11:09:03 AM Viewed: 5/1/2023 11:35:37 AM Signed: 5/1/2023 11:35:53 AM Sent: 5/1/2023 11:08:51 AM Viewed: 5/1/2023 3:19:26 PM Signed: 5/1/2023 3:21:21 PM DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 Signer Events Pamela Wu pamelaw@cupertino.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/2/2023 8:37:35 AM ID: 1c99465f-8f73-49c8-9b49-c01366e90343 Peter Pirnejad ppirnejad@losaltoshills.ca.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/1/2023 1:20:03 PM ID: 8a6c1047-d9f6-4897-b1c2-4d6b8f05017b Rebecca Moon rmoon@sunnyvale.ca.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/1/2023 11:12:13 AM ID: 397f2456-e21a-4906-98b9-783350938b4 1 Rob Hilton rchilton@hfh-consultants.com President Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/1/2023 11:09:58 AM ID: 8f58b590-3 1f7-4c05-b2de-a151a100f0ad Steve Mattas stevem@meyersnave.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/5/2023 9:27:32 AM ID: 1206ba84-549d-4f5a-ac2d-a9c8ab5i27bd Willie Nguyen willie. nguyen@cco.sccgov.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Signature DocuSigned by: Pamela Wu AA9Q2FF3291C7438... Signature Adoption: Pre-selected Style Using IP Address: 64.165.34.3 DocuSigned by: Pur Pimyad, 7138697393344A2... Signature Adoption: Pre-selected Style Using IP Address: 50.239.26.174 DocuSigned by: [recs Moou. 4004884861 14497... Signature Adoption: Pre-selected Style Using IP Address: 98.37.126.212 DocuSigned by: [<3 tibow 4A0B27640FF 1481... Signature Adoption: Pre-selected Style Using IP Address: 24.6.115.57 DocuSigned by: Stu Mattes 6347662C49394C0... Signature Adoption: Pre-selected Style Using IP Address: 174.197.76.94 Willi Naan. A1756187CF04415... Signature Adoption: Pre-selected Style Using IP Address: 146.74.60.99 Timestamp Sent: 5/1/2023 11:08:40 AM Viewed: 5/2/2023 8:37:35 AM Signed: 5/2/2023 8:37:53 AM Sent: 5/1/2023 11:08:54 AM Resent: 5/1/2023 11:48:47 AM Viewed: 5/1/2023 1:20:03 PM Signed: 5/1/2023 1:21:01 PM Sent: 5/1/2023 11:09:00 AM Viewed: 5/1/2023 11:12:14 AM Signed: 5/1/2023 11:17:31 AM Sent: 5/1/2023 11:08:58 AM Viewed: 5/1/2023 11:09:58 AM Signed: 5/1/2023 11:10:41 AM Sent: 5/1/2023 11:08:51 AM Viewed: 5/5/2023 9:27:32 AM Signed: 5/19/2023 9:51:08 AM Sent: 5/1/2023 11:08:57 AM Viewed: 5/1/2023 11:10:42 AM Signed: 5/1/2023 11:15:46 AM DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 Signer Events Accepted: 5/1/2023 11:10:41 AM ID: a500d164-6f76-4e97-a568-7cded4a68632 In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Brad Eggleston brad.eggleston@cityofpaloalto.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Casey Leedom cleedom@losaltosca.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Chuck Muir chuck.muir@cityofpaloalto.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Clif Chew clifton.chew@cep.sccgov.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Cynthia lwanaga cynthia.iwanaga@morganhill.ca.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/1/2023 9:24:00 AM ID: 66b4f104-4cd0-4412-aff0-d3ab5542acf7 Dave Staub dstaub@santaclaraca.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Hailey Gordon hgordon@hfh-consultants.com Security Level: Email, Account Authentication (None) Signature Signature Status Status Status Status Status COPIED COPIED COPIED COPIED COPIED COPIED COPIED Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 5/1/2023 12:41:43 PM Sent: 5/1/2023 11:08:46 AM Sent: 5/1/2023 11:08:47 AM Resent: 5/1/2023 12:41:42 PM Sent: 5/1/2023 11:09:02 AM Viewed: 5/1/2023 11:09:52 AM Sent: 5/2/2023 7:49:20 AM Viewed: 5/2/2023 8:25:53 AM Sent: 5/1/2023 11:09:01 AM Viewed: 5/22/2023 1:00:43 PM Sent: 5/1/2023 11:08:59 AM DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 Carbon Copy Events Electronic Record and Signature Disclosure: Not Offered via DocuSign Hemali Mikhael hemali.mikhael@mountainview.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign lvan Carmona-Torres ivan.carmonatorres@morganhill.ca.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Cutter jennifer.cutter@mountainview.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kim Mancera kim.mancera@morganhill.ca.gov Municipal Services Assistant City of Morgan Hill Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Laura Lo laura.lo@mountainview.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Michele Young michele.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 mkhuuseeman@nmiilpitas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Paula Borges paula.borges@cityofpaloalto.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Status COPIED COPIED COPIED COPIED COPIED COPIED COPIED COPIED Timestamp Sent: 5/1/2023 11:08:46 AM Sent: 5/1/2023 11:08:58 AM Viewed: 5/1/2023 11:12:26 AM Sent: 5/1/2023 11:08:52 AM Viewed: 5/1/2023 11:28:24 AM Sent: 5/1/2023 11:08:56 AM Sent: 5/1/2023 11:08:47 AM Sent: 5/1/2023 11:08:57 AM Viewed: 5/1/2023 3:57:39 PM Sent: 5/1/2023 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@losaltoshills.ca.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Shikha Gupta sgupta@sunnyvale.ca.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Tania Katbi tkatbi@losaltosca.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Tanya Carothers tanya.carothers@moerganhill.ca.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Ursula Syrova ursulas@cupertino.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign WVSWMA wvswma@hfh-consultants.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Notary Events Envelope Summary Events Envelope Sent Envelope Updated Envelope Updated Envelope Updated Envelope Updated Envelope Updated Envelope Updated Envelope Updated Envelope Updated Certified Delivered Signing Complete Completed Status COPIED COPIED COPIED COPIED COPIED COPIED "Signature Signature ' Status Hashed/Encrypted Security Checked Security Checked Security Checked Security Checked Security Checked Security Checked Security Checked Security Checked Security Checked Security Checked Security Checked Timestamp Sent: 5/1/2023 11:08:48 AM Sent: 5/1/2023 11:09:02 AM Viewed: 5/1/2023 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 ‘Timestamp Timestamp _ ‘Timestamps 5/1/2023 11:09:05 AM 5/1/2023 11:48:46 AM 5/1/2023 11:55:45 AM 5/1/2023 11:55:45 AM 5/1/2023 12:41:42 PM 5/1/2023 12:41:42 PM 5/2/2023 7:49:20 AM 5/3/2023 1:48:51 PM 5/3/2023 1:48:51 PM 5/1/2023 11:10:42 AM 5/1/2023 11:15:46 AM 6/22/2023 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 Electronic Record and Signature Disclosure created on: 5/29/2020 4:52:24 PM Parties agreed to: Andy Faber, Ashwini Kantak, Caio Arellano, Christina Turner, Christopher D. Jenson, Dawn S Cameron, Derek Rampone, Diana Fazely, Donald La 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. 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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 pr ovide 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. 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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: DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 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: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (11) 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 ‘J 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: e You can access and read this Electronic Record and Signature Disclosure; and e Youcan 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 e 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. DocuSign Envelope ID: 3A93AB98-92E1-4CA3-A81B-8E947DE2F8E0 Certificate Of Completion Envelope Id: 3A93AB9892E14CA3A81B8E947DE2F8E0 Status: Completed Subject: Complete with Docusign: Food Recovery Program FINAL FRP MOU 6-11-2024.pdf Source Envelope: Document Pages: 79 Signatures: 27 Envelope Originator: Certificate Pages: 12 Initials: 0 City Clerk's Office AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 17575 Peak Ave Morgan Hill, CA 95037 cityclerk@morganhill.ca.gov IP Address: 35.131.77.142 Record Tracking Status: Original 6/12/2024 10:55:16 AM Holder: City Clerk's Office cityclerk@morganhill.ca.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Morgan Hill Location: DocuSign Signer Events Signature Timestamp Andy Faber andy.faber@berliner.com City Attorney Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 73.63.185.241 Sent: 6/12/2024 11:35:00 AM Viewed: 6/17/2024 11:54:16 AM Signed: 6/18/2024 8:00:12 AM 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) Signature Adoption: Uploaded Signature Image Using IP Address: 199.33.32.254 Sent: 6/19/2024 9:05:04 AM Viewed: 6/19/2024 12:14:18 PM Signed: 6/19/2024 12:14:31 PM 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) Signature Adoption: Pre-selected Style Using IP Address: 174.85.125.241 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 Electronic Record and Signature Disclosure: Accepted: 6/21/2024 3:01:11 PM ID: ebb50307-40c6-4e4f-95e8-cb87e6e01978 Christopher Jensen christopherj@cupertino.org Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 64.165.34.3 Sent: 6/12/2024 11:35:00 AM Viewed: 6/12/2024 11:50:25 AM Signed: 6/12/2024 11:50:35 AM Electronic Record and Signature Disclosure: Signer Events Signature Timestamp Accepted: 6/12/2024 11:50:25 AM ID: 87fde15f-e225-497c-ba93-cac7b43d9e09 Cynthia Hasson cynthia.hasson@morganhill.ca.gov Assistant City Attorney Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 35.131.77.142 Sent: 6/13/2024 8:09:24 AM Viewed: 6/13/2024 10:56:12 AM Signed: 6/13/2024 11:03:30 AM Electronic Record and Signature Disclosure: Accepted: 6/13/2024 10:56:11 AM ID: 9f025614-526f-4766-82ca-71a7c0de37df Derek Rampone derek.rampone@mountainview.gov Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 72.134.188.247 Sent: 6/12/2024 11:35:02 AM Viewed: 6/14/2024 1:17:22 PM Signed: 6/14/2024 1:20:47 PM Electronic Record and Signature Disclosure: Accepted: 6/14/2024 1:17:22 PM ID: 6b6a0511-a0ae-4f09-b442-e7526e4d7e45 Ed Shikada ed.shikada@cityofpaloalto.org City Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 6/19/2024 9:05:05 AM Viewed: 6/19/2024 4:10:05 PM Signed: 6/19/2024 4:10:20 PM Electronic Record and Signature Disclosure: Accepted: 6/19/2024 4:10:05 PM ID: 1613d0db-fcf8-41d2-83bf-48f2cfefd190 Edward Arango ed.arango@mountainview.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 38.99.34.33 Sent: 6/12/2024 11:35:09 AM Viewed: 6/12/2024 12:01:13 PM Signed: 6/12/2024 12:02:34 PM Electronic Record and Signature Disclosure: Accepted: 6/12/2024 12:01:13 PM ID: f3894cea-e5fa-4794-8642-98715557c765 Gabriel Engeland gengeland@losaltosca.gov Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 24.5.148.170 Sent: 6/12/2024 11:35:04 AM Viewed: 6/12/2024 12:48:28 PM Signed: 6/12/2024 12:48:36 PM Electronic Record and Signature Disclosure: Accepted: 6/12/2024 12:48:28 PM ID: 6e9a1cfb-811e-4e9c-8a17-aaf5bf1dda4d Signer Events Signature Timestamp Greta Hansen greta.hansen@ceo.sccgov.org Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 73.223.26.112 Signed using mobile Sent: 6/12/2024 11:35:10 AM Resent: 6/18/2024 10:40:04 AM Viewed: 6/19/2024 2:21:30 PM Signed: 6/19/2024 2:22:01 PM Electronic Record and Signature Disclosure: Accepted: 6/13/2024 2:03:05 PM ID: 748e40d0-bfe3-4069-b43f-9f81cedfc689 Jimmy Forbis jimmy.forbis@ci.gilroy.ca.us City Administrator Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 66.189.161.134 Sent: 6/12/2024 11:35:01 AM Viewed: 6/18/2024 8:54:12 AM Signed: 6/18/2024 8:54:24 AM Electronic Record and Signature Disclosure: Accepted: 6/18/2024 8:54:12 AM ID: 216338b4-7976-4712-84a4-018136c2a42e Jolie Houston jolie.houston@berliner.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 68.121.158.241 Sent: 6/12/2024 11:35:05 AM Resent: 6/18/2024 10:40:06 AM Viewed: 6/18/2024 10:48:05 AM Signed: 6/18/2024 10:51:54 AM Electronic Record and Signature Disclosure: Accepted: 6/18/2024 10:48:05 AM ID: fb8779e4-063f-4865-9b1c-cbc7b6cf0306 Jovan D. Grogan jgrogan@santaclaraca.gov City Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 38.99.114.1 Sent: 6/12/2024 11:35:05 AM Resent: 6/18/2024 10:40:06 AM Resent: 6/24/2024 9:40:54 AM Viewed: 6/24/2024 12:05:58 PM Signed: 6/24/2024 12:08:42 PM Electronic Record and Signature Disclosure: Accepted: 5/5/2023 7:45:07 AM ID: 5e9934b0-786a-4665-8462-3e1f503a84ca Kent Steffens ksteffens@sunnyvale.ca.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.94.221.66 Sent: 6/19/2024 9:05:05 AM Viewed: 6/19/2024 3:30:36 PM Signed: 6/19/2024 3:35:21 PM Electronic Record and Signature Disclosure: Accepted: 6/19/2024 3:30:36 PM ID: 899fe0d3-21dc-4814-adae-dffd8146960d Kimbra McCarthy kimbra.mccarthy@mountainview.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 38.99.34.33 Sent: 6/12/2024 11:35:07 AM Viewed: 6/12/2024 1:48:44 PM Signed: 6/12/2024 1:49:00 PM Electronic Record and Signature Disclosure: Signer Events Signature Timestamp Accepted: 6/12/2024 1:48:44 PM ID: 882bcb81-488e-4854-b7f9-c4fce774c2e0 Kirsten Powell kpowell@loganpowell.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 24.130.24.100 Sent: 6/12/2024 11:35:06 AM Resent: 6/18/2024 10:40:07 AM Resent: 6/24/2024 9:40:55 AM Viewed: 6/24/2024 2:07:36 PM Signed: 6/24/2024 2:07:58 PM Electronic Record and Signature Disclosure: Accepted: 6/24/2024 2:07:36 PM ID: 8bd29dad-3c4a-4b10-b2a3-ea6eff9ae44c Luis M. Haro. lharo@santaclaraca.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 38.99.114.1 Sent: 6/13/2024 9:26:03 AM Viewed: 6/13/2024 9:44:17 AM Signed: 6/13/2024 9:45:18 AM Electronic Record and Signature Disclosure: Accepted: 6/13/2024 9:44:17 AM ID: 60671fd5-06fa-469b-9d4b-428d50257596 Merry Monlux merry.monlux@mountainview.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 38.99.34.33 Sent: 6/12/2024 11:35:05 AM Viewed: 6/14/2024 1:36:55 PM Signed: 6/14/2024 1:37:09 PM Electronic Record and Signature Disclosure: Accepted: 6/14/2024 1:36:55 PM ID: 0a99aa48-7aa0-41b1-b3d1-910bd8800dad Michael Mutalipassi mmutalipassi@milpitas.gov Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 98.207.128.111 Sent: 6/19/2024 9:05:06 AM Viewed: 6/20/2024 8:40:02 AM Signed: 6/20/2024 8:40:16 AM Electronic Record and Signature Disclosure: Accepted: 6/20/2024 8:40:02 AM ID: 53986d39-2eb7-4bcb-b658-71c26cc7e61d Mitesh Bhakta mitesh.bhakta@mountainview.gov Sr. Atty Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 65.78.11.213 Sent: 6/12/2024 11:35:10 AM Viewed: 6/12/2024 11:36:17 AM Signed: 6/12/2024 11:37:35 AM Electronic Record and Signature Disclosure: Accepted: 6/12/2024 11:36:17 AM ID: e440acde-2c49-46b2-a3af-435ee5b2e315 Signer Events Signature Timestamp Ned Thomas nthomas@milpitas.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 50.59.22.2 Sent: 6/19/2024 9:05:06 AM Viewed: 6/19/2024 8:09:53 PM Signed: 6/19/2024 8:10:14 PM Electronic Record and Signature Disclosure: Accepted: 6/19/2024 8:09:53 PM ID: 5e335e8b-0759-4a36-9a0c-e8a44789079a Pamela Wu pamelaw@cupertino.org Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 64.165.34.3 Sent: 6/12/2024 11:35:01 AM Viewed: 6/12/2024 5:33:28 PM Signed: 6/12/2024 5:33:41 PM Electronic Record and Signature Disclosure: Accepted: 6/12/2024 5:33:28 PM ID: 5348c8e7-d79a-4409-89b8-ed8c2353506b Peter Pirnejad ppirnejad@losaltoshills.ca.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 50.239.26.174 Sent: 6/21/2024 9:03:43 AM Viewed: 6/21/2024 3:16:47 PM Signed: 6/21/2024 3:17:04 PM Electronic Record and Signature Disclosure: Accepted: 6/21/2024 3:16:47 PM ID: 8db14dd2-477d-46df-ab70-c092fb7ae59b Rebecca Moon rmoon@sunnyvale.ca.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 67.180.140.18 Sent: 6/19/2024 9:05:06 AM Viewed: 6/19/2024 9:25:17 AM Signed: 6/19/2024 9:26:20 AM Electronic Record and Signature Disclosure: Accepted: 6/19/2024 9:25:17 AM ID: 02dd246e-097e-4694-a7a5-f85e472884a2 Rob Hilton rchilton@hfh-consultants.com President Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 73.162.225.86 Signed using mobile Sent: 6/12/2024 11:35:06 AM Viewed: 6/13/2024 7:25:37 PM Signed: 6/13/2024 7:25:59 PM Electronic Record and Signature Disclosure: Accepted: 6/13/2024 7:25:37 PM ID: b24efa33-d8fb-499e-81bf-bc555cd69978 Steve Mattas steve.mattas@redwoodpubliclaw.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 66.202.144.198 Sent: 6/21/2024 9:03:43 AM Viewed: 6/21/2024 9:11:39 AM Signed: 6/21/2024 9:11:56 AM Electronic Record and Signature Disclosure: Signer Events Signature Timestamp Accepted: 6/21/2024 9:11:39 AM ID: 1fad47a1-76b3-43d3-965e-22e300d2ec28 Willie Nguyen willie.nguyen@cco.sccgov.org Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 171.244.64.206 Signed using mobile Sent: 6/12/2024 11:35:09 AM Viewed: 6/13/2024 4:50:56 PM Signed: 6/13/2024 4:51:21 PM Electronic Record and Signature Disclosure: Accepted: 6/13/2024 4:50:56 PM ID: 76f07138-f83c-490c-b8f8-21f67001bde8 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 angel.echavarria@morganhill.ca.gov Security Level: Email, Account Authentication (None) Sent: 6/12/2024 11:35:12 AM Resent: 6/18/2024 10:40:03 AM Resent: 6/24/2024 9:40:54 AM 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 chuck.muir@cityofpaloalto.org Security Level: Email, Account Authentication (None) Sent: 6/19/2024 9:05:07 AM Viewed: 6/19/2024 9:12:02 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Clif Chew clifton.chew@cep.sccgov.org Security Level: Email, Account Authentication (None) Sent: 6/12/2024 11:35:12 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Cody Einfalt ceinfalt@losaltoshills.ca.gov Security Level: Email, Account Authentication (None) Sent: 6/21/2024 9:03:43 AM Viewed: 6/24/2024 2:13:27 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Cynthia Iwanaga cynthia.iwanaga@morganhill.ca.gov Security Level: Email, Account Authentication (None) Sent: 6/12/2024 11:35:03 AM Viewed: 6/12/2024 11:35:53 AM 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) Sent: 6/12/2024 11:35:08 AM Viewed: 6/12/2024 12:41:40 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Glen R. Googins cityattorney@santaclaraca.gov Security Level: Email, Account Authentication (None) Sent: 6/13/2024 9:26:04 AM Viewed: 6/19/2024 11:45:30 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Hailey Gordon hgordon@hfh-consultants.com Security Level: Email, Account Authentication (None) Sent: 6/12/2024 11:35:11 AM Viewed: 6/13/2024 9:23:27 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Harun Musaefendic hmusaefendic@losaltosca.gov Security Level: Email, Account Authentication (None) Sent: 6/12/2024 11:35:04 AM Viewed: 6/12/2024 11:50:29 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Heba El-Guindy heba.el-guindy@ci.gilroy.ca.us Security Level: Email, Account Authentication (None) Sent: 6/12/2024 11:35:01 AM Viewed: 6/12/2024 4:16:41 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Hemali Mikhael hemali.mikhael@mountainview.gov Security Level: Email, Account Authentication (None) Sent: 6/12/2024 11:35:07 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Cutter jennifer.cutter@mountainview.gov Security Level: Email, Account Authentication (None) Sent: 6/12/2024 11:35:11 AM Viewed: 6/12/2024 11:45:07 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Laura Lo laura.lo@mountainview.gov Security Level: Email, Account Authentication (None) Sent: 6/12/2024 11:35:06 AM Viewed: 6/12/2024 1:05:33 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Michele Young michele.young@cep.sccgov.org Security Level: Email, Account Authentication (None) Sent: 6/12/2024 11:35:11 AM Viewed: 6/12/2024 1:40:49 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Myvan Khuu-Seeman mkhuuseeman@milpitas.gov Security Level: Email, Account Authentication (None) Sent: 6/19/2024 9:05:07 AM Viewed: 6/19/2024 9:06:39 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Paula Borges paula.borges@cityofpaloalto.org Security Level: Email, Account Authentication (None) Sent: 6/19/2024 9:05:07 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Shikha Gupta sgupta@sunnyvale.ca.gov Security Level: Email, Account Authentication (None) Sent: 6/19/2024 9:05:07 AM Viewed: 6/19/2024 9:05:28 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Tanya Carothers tanya.carothers@moerganhill.ca.gov Security Level: Email, Account Authentication (None) Sent: 6/12/2024 11:35:03 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Timothy Willette timothy.willette@mountainview.gov Security Level: Email, Account Authentication (None) Sent: 6/12/2024 11:35:07 AM Viewed: 6/12/2024 4:14:38 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ursula Syrova ursulas@cupertino.org Security Level: Email, Account Authentication (None) Sent: 6/12/2024 11:35:02 AM Viewed: 6/12/2024 12:03:00 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Victoria Labrador victoria.labrador@mountainview.gov Security Level: Email, Account Authentication (None) Sent: 6/12/2024 11:35:07 AM Viewed: 6/12/2024 11:36:08 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign WVSWMA wvswma@hfh-consultants.com Security Level: Email, Account Authentication (None) Sent: 6/12/2024 11:35:12 AM Viewed: 6/13/2024 6:54:00 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 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 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 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 Engeland, Greta Hansen, Jimmy Forbis, Jolie Houston, Jovan D. Grogan, Kent Steffens, Kimbra McCarthy, Kirsten Powell, Luis M. Haro., Merry Monlux, Michael Mutalipassi, Mitesh Bhakta, Ned Thomas, Pamela Wu, Peter Pirnejad, Rebecca Moon, Rob Hilton, Steve Mattas, Willie Nguyen, Angel Echavarria, Cynthia Iwanaga 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: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:  You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and  Until or unless you notify 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.