16-138 Santa Clara Valley Water and Cupertino Amendment # 7 dated 6-6-24SEVENTH AMENDMENT TO
COST SHARING AGREEMENT
#A4008S BETWEEN THE
SANTA CLARA VALLEY WATER DISTRICT
AND THE CITY OF CUPERTINO
FOR WATER CONSERVATION PROGRAMS
This Seventh Amendment (“Seventh Amendment”) between the Santa Clara Valley Water District (“VALLEY WATER”) and the
City of Cupertino (“CUPERTINO”) amends the Agreement No. A4008S, enacted on July 1, 2016 (the “Agreement”), between the
Santa Clara Valley Water District and the City of Cupertino, First Amendment dated May 3, 2017, Second Amendment dated June 1,
2018, Third Amendment dated May 14, 2019, Fourth Amendment dated June 22, 2020, Fifth Amendment dated May 25, 2021, and
Sixth Amendment dated February 2, 2023 for Water Conservation Programs (collectively, hereinafter referred to as the “Agreement”).
VALLEY WATER and CUPERTINO may individually be referred to as the Party or collectively the Parties. This Seventh
Amendment is effective once fully executed by the Parties (“Seventh Amendment Effective Date”).
RECITALS
WHEREAS, Under the terms of the Agreement, CUPERTINO agreed to supplement VALLEY WATER’s Landscape Rebate
Program and Graywater Rebate Program rebates granted to persons residing in the City of Cupertino; and
WHEREAS, CUPERTINO and VALLEY WATER desire to extend the term of the Agreement from June 30, 2024 to the earlier of
June 30, 2025, or when funds under this Agreement are depleted, whichever occurs later; and
NOW, THEREFORE, the parties agree to amend the Agreement as follows:
1. In the Agreement, Section 5, is amended to state as follows, “The term of the Agreement is from July 1, 2016 to June 30,
2025, or until funds are depleted, whichever occurs first. The term of the MOU may be extended by mutual consent of the
Parties. This MOU shall be contingent upon approval of program funding each fiscal year by both VALLEY WATER’s
Chief Executive Officer and by CUPERTINO.”
2. In the Agreement, Section 1 d), is amended to state as follows:
“Invoicing CUPERTINO, on a twice-yearly basis for PROGRAM participants who have received a Notice to Proceed from
VALLEY WATER by 11:59 PM, June 30, 2024.”
3. All of the terms and conditions of the Agreement, First Amendment, Second Amendment, Third Amendment, Fourth
Amendment, Fifth Amendment, and Sixth Amendment not otherwise modified by this Seventh Amendment shall remain in
full force and effect.
IN WITNESS THE EXECUTION HEREOF the parties agree that this Seventh Amendment shall be effective as of the Seventh
Amendment Effective Date defined above and have set forth below their consent to the terms and conditions of this Seventh
Amendment through the signatures of their duly authorized representatives.
SANTA CLARA VALLEY WATER DISTRICT
A Special District created by the California Legislature
By:
Rick L. Callender Esq.
Chief Executive Officer
Date: _____________________________________
CONTINUED ON NEXT PAGE
DocuSign Envelope ID: 5C948B89-ABAE-4066-B849-AE1EE014F362
6/6/2024
CITY OF CUPERTINO
Approved as to form:
By: By: _____________________________________
Christopher Jensen Pamela Wu
City Attorney City Manager
City of Cupertino City of Cupertino
Date: ___________________________________ Date: ___________________________________
Attest:
Kirsten Squarcia
City Clerk
Date: ___________________________________
DocuSign Envelope ID: 5C948B89-ABAE-4066-B849-AE1EE014F362
Christopher D. Jensen
Jun 13, 2024 Jun 13, 2024
Jun 13, 2024
Amend_No._7_City_of_Cupertino_Water_Conse
rvation_Programs_final
Final Audit Report 2024-06-13
Created:2024-06-13
By:Jindy Gonzalez (jindyg@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAh7Cejogi32AeKsiF7m8jHKIaMvZZFBY0
"Amend_No._7_City_of_Cupertino_Water_Conservation_Progra
ms_final" History
Document digitally presigned by DocuSign\, Inc. (enterprisesupport@docusign.com)
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Document created by Jindy Gonzalez (jindyg@cupertino.org)
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Document emailed to Christopher Jensen (christopherj@cupertino.org) for signature
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Signer Christopher Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen
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Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
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Document emailed to Pamela Wu (pamelaw@cupertino.org) for signature
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Document e-signed by Pamela Wu (pamelaw@cupertino.org)
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Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
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Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
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Agreement completed.
2024-06-13 - 11:58:11 PM GMT