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03-028 Santa Clara Valley Water District, Watershed Collaborative/Concur & amendments-~, ~~;, ENACTED COPY -Contract Ad .Unit "` ,~ '' _ ~~ `~ AG11~T. # 8 M Req. # a~_ AGREEMENT FOR PAYMENT BETWEEN THE CITY OF CUPERTINO AND THE SANTA CLARA VALLEY WATER DISTRICT This Agreement for payment ("Agreement") is m~ide and entered into this 3rd day of March, 2003, by and between the City of Cupertino, a m»nicipal corporation ("City"), and the Santa Clara Valley Water District, a public agency ("District"). RECITALS 1. The City and the District, along with other interested entities and organizations are involved in a series of meetings and activities to resolve issues related to roles and responsibilities for water resources protection, and the Distric;t's proposed Water Resources Protection Ordinance. The parties to this Agreement, together with the other interested entities and organizations involved in these meetings and activities shall collectively be referred to in this Agreement as the "Collaborative." 2. The Collaborative desires to use the services of CONCUR, Inc., a California corporation ("CONCUR"), a professional mediation/facilit~~tion firm, to assist the Collaborative in negotiating, drafting, and ratifying a program and implementation plan for the protection of water resources within the Santa Clara Valle~i Water District. 3. The District has agreed to pay certain costs c-f the facilitation by CONC~IR up to a total cost of $90,000. 4. City has agreed to act as manager of the contract with CONCUR. THE PARTIES HEREBY AGREE AS FOLLOW:i: A. TERM The parties acknowledge that CONCUR began•vrork on approximately January 17, 2003 and while the term of this Agreement shall be effective as of March 5, 2003 ("Effective Date"), payment shall be made for services rendered since January 17, 2003. This Agreement shall remain in effect for a period of one year, or until City has been reimbursed for all authorized costs incurred by City in connection with the COIJCUR contract; provided however that this agreement may be terminated earlier if the services of CONCUR are terminated. B. COSTS The costs ("Costs") subject to this Agreement are those costs actually incurred by City and paid to CONCUR in connection with and as Provided by the CONCUR contract (attached hereto marked Attachment A and incorporatE~d herein by this reference), not to exceed $90,0000. City expressly acknowledges that it shall receive no reimbursement for staff time, or space or computer charges, or similar costs related to its negotiation, execution, and administration of the CONCUR contract. 2. District agrees and acknowledges that City's right to reimbursement pursuant hereto is without regard to the success or lack of success of CONCUR's services under the CONCUR contract. C. PROCEDURES FOR PAYMENT No more often than monthly, City shall submit to District a request for reimbursement, which shall include copies of any and all invoices or st<<tements of costs received from CONCUR for costs incurred by City pursuant to the CONCUR contract, and a statement requesting reimbursement of the stated amount. Within thirty (30) days of receipt by District, District shall pay the billed amount to City. It is the responsibility of City as contract manager to verify billings by CONCUR. Payments to City should be mailed to the following address: Ralph Qualls, Jr, City of Cupertino 10300 Tone Avenue Cupertino, CA 95014 D. INDEMNITY City shall protect, indemnify, defend, and hold harmless District and its officers, agents, employees from and against any and all third party claims, lawsuits, demands, losses, causes of action, or liabilities, arising out of or Resulting in ~3ny way from the work performed by City, pursuant to this Agreement and/or the CONCUR contract, due in whole or in part to the willful misconduct or negligent acts or omissions, active or passive, of City, its officers, agents, and employees. E. GOVERNING LAW The law governing this Agreement shall be that of the State of California. F. WAIVER No waiver by either party to this Agreement of any breach or violation of any term or condition of this Agreement shall be deemed to be a waiver cf any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. G. NOTICES All notices and other communications required or permitted to be given under this Agreement shall be in writing and may be delivered by hand; by facsimile transmission with verification of receipt; or by United States mail, postage prepaid; addressed to the respective parties as follows: To City: Ralph Qualls, Jr. City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 To District: Mr. Stan Williams Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118 Or to such other address as either party may de~~ignate by notice in accordance with this section. H. VENUE In the event that suit is brought by either party, the parties agree that trial of such action shall be exclusively vested in a state court in the County of Santa Clara or, where appropriate, in the United States District Court for the Northern District of Califomia, San Jose, California. I. ENTIRE AGREEMENT This Agreement represents the entire understanding of the parties as to those matters contained herein. No prior oral or written under:~tanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by a written amendment duly executed by the parties to this Agreement. J. SEVERABILITY If any term, covenant, condition, or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be rield by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms, covenants, conditions, or provisions of this Agreement, or the application thereof to ~~ny person or circumstance, shall remain in full force and effect and shall in noway be affected.. impaired, or invalidated thereby. K. COUNTERPARTS This Agreement shall be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which taken together shall constitute one and the same instrument. Witness the execution hereof on the day and year first hereinabove written. CITY OF CUPERTINO ~ Z BY• S. d3 David W. Knapp, City Hager ~~ZS.o3 SANTA CLARA VALLEY WATER DISTRICT Y~ 'ef E cutive Officer ENACTED COPY • Contract Admin. Unit AGMT. # ~~ 7 a-Req. # ~ l -~ 3 3 FIRST AMENDMENT TO AGREEMENT ~~ A2687M FOR PAYMENT BETWEEN THE CITY OF CUPERTINO AND THE SANTA CLARA VALLEY WATER DISTRICT This First Amendment to Agreement # A 2687M for Payment Between the City of Cupertino and the Santa Clara Valley Water District, dated March 3, 2003, is made and entered into this ~ Y~~ day of _ S ~+~ be('2003, by and between the City of Cupertino, a municipal corporation ("City"), and the Santa Clara Valley V\~ater District, a public agency ("District"). RECITALS The City and the District entered into that certain agreement dated March 3, 2003, providing for the reimbursement to the City of costs for facilitation expenses incurred by CONCUR, Inc., a California corporation ("CONCUR"), a f~rofessional mediation/facilitation firm, to assist the Water Resources Protection Collaborative in negotiating, developing, and drafting certain work products for the protection of water resources within the Santa Clara Valley Water District ("Agreement"). 2. The Collaborative desires to continue to use the services of CONCUR. 3. The City and the District desire to amend the ~ggreement to increase the amount of CONCUR facilitation expenses for which the City will receive repayment from the District, and to extend the term. THE PARTIES HEREBY AMEND THE AGREEMENT AS FOLLOWS: A. TERM The term of the Agreement is modified to run from the original beginning date of March 5, 2003, to September 1, 2004, or until City has been reimbursed for all authorized costs incurred by City in connection with the CONCUR contract; provided however that this agreement may be terminated earlier if the services of CONCUR are terminated. B. COSTS The costs ("Costs") reimbursable under this Amendment are those costs actually incurred by City and paid to CONCUR in connection with and as provided by the CONCUR contract for the second phase of the Collaborative Effort (attached hereto marked Attachment A and incorporated herein by this reference), not to exceed $155,000. With this Amendment, the total not to exceed amount of the Agreement is $245,000. City expressly acknowledges that it shall receive no reimbursement for staff time, or space or computer charges, or similar costs related to its negotiation, execution, and administration of the CONCUR contract. All other terms and conditions in the Agreement rE~main in place and effect. Witness the execution hereof on the day and year first hereinabove written. CIT CUPE IN By: City Manager SANTA CLARA VALLEY WATER DISTRICT By. ~ ~ G~ f ti Officer A oved as to form r-- J~~ Emily Cote Assis nt General Counsel CONCUR Level of Effort SCVWD Stream Resource Protection Collaborative P-iase II August 1, 2003-July 30, 2004 ~~ ~;jj.^,^ Y~Y.~~I ' ~~_-< F'+J ~., .. ~;: _ ~" i Task Ge ;cription P~r;or nel Ea~~~ Hours Total ~, .. Taste 1;~Conv~~rae grad,~~cilltaLe,F~olir~=Coljabo~,~t~~,e_~~~h,ezings~ •'~ ~ ~ ~ ~,~ ~ - 1 a. Prepare or an Con uct Up to Six Planning Teleconferences with Convenors and Steering Committee between Meetings rincipal 178.50 6 2,856.00 Associate $147.00 16 $2,352.00 Project Assistant $90.00 0 $0.00 Subtask Su'~total $5,208.00 1 b. Track Status of Actions by Governing Boards, Update Website Principal $178.50 2 $357.00 Associate $147.00 16 $2,352.00 Project Assistant $90.00 4 $360.00 Subtask Subtotal $3,069.00 1 c. Prepare and Distribute Agenda and Materials for Four Collaborative Meetings Princi al $178.50 8 $1,428.00 Associate $147.00 24 $3,528.00 Pro~ect Assistant $90.00 4 $360.00 Subtask Sut~total $5,316.00 1 d. Convene and Facilitate Four Collaborative Meetings, including Set Up and Take Down Principal $178.50 40 $7,140.00 Associate $147.00 40 $5,880.00 Project Assistant $90.00 0 $0.00 Subtask Subtotal $13,020.00 1 e. Prepare and Distribute Summary of Four Collaborative Meetings Principal $178.50 32 $5,712.00 Associate $147.00 96 $14,112.00 Pro~ect Assistant $90.00 1 $90.00 Subtask Subtotal $19,914.00 1 f. Prepare and Post Web Summary of Four Collaborative Meetings Principal $178.50 0 $0.00 Associate $147.00 0 $0.00 Project Assistant $90.00 8 $720.00 Subtask Sut~total $720.00 as u tota - -xaf ~ ~ ~ - . _ $ 4,7„ 247'.00 '. P=Pnncipal; A=Associate; PA=Project Assistant Prepared by CONCUR, Inc. 8/14/03 1 of 3 ~.~~as~ 2 ~Ga~venE.and,Fac~(ixate ~Nor1. Team iVreetings on,Selected Tepi~S;as t~eeded~ ,. 2a. Prepare and Distribute Agenda and Materials for Work Team Teleconferences Principal $178.50 10 $1,785.00 Associate $147.00 ~ 30 $4,410.00 Project Assistant $90.00 5 $450.00 Subtask Subtotal $6,645.00 2b. Conduct Work Team Teleconferences between Collaborative Meetings Principal $178.50 10 $1,785.00 Associate $147.00 30 $4,410.00 . Project Assistant $90.00 0 $0.00 Subtask Subtotal $6,195.00 2c. Prepare and. Distribute Summaries of Work Tearn Teleconferences Principal $178.50 20 $3,570.00 Associate $147.00 60 $8,820.00 Pro~ect Assistant $90.00 5 $450.00 Subtask Subtotal $12,840.00 2d. Prepare and Post Web Summary of Work Team Teleconferences Principal $178.50 0 $0.00 Associate $147.00 0 $0.00 Project Assistant $90.00 20 $1,800.00 Subtask Subtotal $1,800.00 :as u Iota . i ~ ., .. ~ : g. - $2 ~,:. ; ,: - ,7; 4'80 00: wk~~~ ~, r - - ~ ~s Ta h 3 Conve~_~and~F~Facal~ta`t~"'Strateglc;Planning_tUleetmgs~ ~ ~~- ~` _, 3a. Prepare and Distribute Agenda and Materials for Strategic Planning Meetings Principal $178.50 4 $714.00 Associate $147.00 12 $1,764.00 Project Assistant $90.00 2 $180.00 Subtask Subtotal $2,658.00 3b. Conduct Strategic Planning Meetings between Collaborative Meetings Principal $178.50 32 $5,712.00 Associate $147.00 96 $14,112.00 Project Assistant $90.00 0 $0.00 Subtask Subtotal $19,824.00 3c. Prepare and Distribute Summaries of Strategic Planning Meetings Principal $178.50 16 $2,856.00 Associate $147.00 48 $7,056.00 Project Assistant $90.00 2 $180.00 Subtask Subtotal $10,092.00 3d. Prepare and Post Web Summary of Strategic Planning Meetings Principal $178.50 0 $0.00 Associate $147.00 0 $0.00 Project Assistant $90.00 8 $720.00 Subtask Subtotal $720.00 as v Iota ;.., >, ~ $33;'294100;:, Prepared by CONCUR, Inc. 8/'14/03 2 of 3 . ,_ µ-. Task 4~ Convene and Facilitate Guidelines and 5tand,3rds h~~etings 4a. Prepare and Distribute Agenda and Materials for Guidelines and Standards Meetings Principal $178.50 6 $1,071.00 Associate $147.00 18 $2,646.00 Project Ass stant $90.00 3 $270.00 Subtask Sut~total $3,987.00 4b. Conduct Guidelines and Standards Meetings between Collaborative Meetings Principal $178.50 36 $6,426.00 Associate $147.00 108 $15,876.00 Project Assistant $90.00 0 $0.00 Subtask Subtotal $22,302.00 4c. Prepare and Distribute Summaries of Guidelines and Standards Meetings Principal $178.50 24 $4,284.00 Associate _ $147.00 72 $10,584.00 Project Assistant $90.00 3 $270.00 Subtask Sut~total $1 5,138.00 4d. Prepare and Post Web Summary of Strategic Planning Meetings Principal $178.50 0 $0.00 Associate $147.00 0 $0.00 Project Assistant $90.00 8 $720.00 Subtask Subtotal $720.00 as ; ~u tota $42, I`47~00 y:. Professional ServrLes,:Subtotal; ~ ~ s150;"1~68.00 Direct_Expenscs -~..''.. -.. -;?,~ ,. Telecommunications (Conference Calls, Faxes) $3,500.00 Copying, Express Mail $500.00 Roundtrip Travel to Meeting (Berkeley to Cupertino and Scott's Valley to Cupertino) $832.00 ~;uor~otial;= ;-. ~ ~ - .. , %~$4~,832:OQ- ,.::, . . TOTAL ~ .; , w155,000.00 ; Prepared by CONCUR, Inc. B/14/03 3 of 3 SECOND AMENDMENT TO AGREEME~IT # A2687M FOR PAYMENT BETWEEN THE CITY OF CUPERTINO AND THE SANTA CLARA VALLEY WATER DISTRICT This Second Amendment to Agreement # A2687~~ for Payment Between the City of Cupertino and the Santa Clara Valley Water District, dated PJlarch 3, 2003, is made and entered into this 3D~ day of ~~rt- , 2004, by and between the City of Cupertino, a municipal corporation ("City"), and the Santa Clara Valley Water District, a public agency ("District"). RECITALS The City and the District entered into that cert;3in agreement dated March 3, 2003, providing for the reimbursement to the City of costs for facilitation expenses incurred by CONCUR, Inc., a California corporation ("CONCUR"), a F,rofessional mediation/facilitation firm, to assist the Water Resources Protection Collaborative in negotiating, developing, and drafting certain work products for the protection of water resources within the Santa Clara Valley Water District ("Agreement"). 2. The Collaborative desires to continue to use the services of CONCUR. 3. The City and the District desire to amend the ~~greement to increase the amount of CONCUR facilitation expenses for which the City will receive repayment from the District, and to extend the term. THE PARTIES HEREBY AMEND THE AGREEMENT AS FOLLOWS: A. TERM The term of the Agreement is modified to run frorr~ the original beginning date of March 5, 2003 to September 1, 2004, or until City has been reimbursed for all authorized costs incurred by City in connection with the CONCUR contract; provided however that this agreement may be terminated earlier if the services of CONCUR are terminated. B. COSTS The costs ("Costs") reimbursable under this Amendment are those costs actually incurred by City and paid to CONCUR in connection with and as provided by the CONCUR contract for the second phase of the Collaborative Effort (attached hereto marked Attachment A and incorporated herein by this reference), not to exceed $80,000. With this Amendment, the total not to exceed amount of the Agreement is $325,000. City expressly acknowledges that it shall receive no reimbursement for staff time, or space or computer charges, or similar costs related to its negotiation, execution, and administration of the CONCUR contract. All other terms and conditions in the Agreement rE~main in place and effect. Witness the execution hereof on the day and year first hereinabove written. CITY OF CUPERTINO By:~r~.~4. C..Gucu. Gtr Public Works Director SANTA CLARA VALLEY WATER DISTRICT By: ~ ~ o~--~---- i f Ex cutive Officer Approved as to form r ~ ~~ Emily ote Assista General Counsel Rug 30 04 02:18p v~ CONCUR Level of Effort - Santa Clara Valley Water Resource Protection Collabor~jtive ;,~ February 1 -July 30. 2004 f Task Description Personnel Rate Hours Total Task 1: Convene and Facilitate Six Coltaboratlve Meetings a. repare or, on uct, a ne Ix Planning Teleconferences with Steering Committee Princi al $178.50 18 $3,213.00 Associate $147.00 12 $1,76x.00 Pro'ect Assistant $90.00 0 $0.00 Subtask Subtotal $4,977.00 1 b. Prepare an distribute agenda, attachments for six Collaborative meetings; prepare Calking points Princi al $178.50 48 $8,568.00 Associate $147.00 48 57,056.00 Pro'ect Assistant $90.00 0 $0.00 Subtask Subt~~tal $15,624.00 1 c. onvene and acl hate Six Collaborative Meetings, including Set Up and Take Down Princi al $1 78.50 60 $10,710.00 Associate $147.00 60 $8,820.00 Pro'ect Assistant $90.00 O $0.00 Subtask Subtotal $19,530.00 1 Dra t, peer review, revise, fina Ize, distribute Key Outcomes Memo from Collaborative meetings Princi al $'178.50 12 $2,142.00 Associate $147.00 48 $7,056.00 Pro'ect Assis~~ant $90.00 O $0.00 Subtask Subtotal $9,198.00 as u $49,329.00 Task 2: Coordination, Communication, Updatin Organizational Documents, Website Postings 2a. Phone consultations, discussions and strategic planning communications between meetings, with Collaborative and Work Team members, District Staff and Work Team consultants rinci al 178.50 8 8,568.00 Associate $147.00 24 $3,528.00 Pro'ect Assistant $90.00 O $0.00 Subtask SubCOta1 $12,096.00 2b. Update Tasking Memo, Meeting Schedule and Summary of Ratified and Pending Work Products, after each Collaborative and Work Team Meeting rinci al 178.50 ' 12 2,142.00 Associate $147.00 12 $1,764.00 Pro'ect Assn>tant $90.00 0 $0.00 Subtask Subtotal $3,906.00 2c. repare and Post Agen as, ey Outcomes Memos and Draft Work Team products after each meeting Princi al $178.50 0 $0.00 Associate $147.00 O $0.00 Pro'ect Assistant $90.00 12 $1,080.00 Subtask Sut~total $1,080.00 a u o $17,082.00 p.2 Prepared by CONCUR, Int. 1 /29/04 Page 1 Ruh 30 04 02:19p Task 3: Convene and Facil"rtate Six Strategies and 7001~~ Work Team Meetings' 3a. repare an Dlstri ute gen a an Materials for Six Strategies and Tools Meetings Princi al $178.50 18 $3,213.00 Associate $147.00 18 $2,646.00 Pro ect Assist~int $90.00 0 $0.00 Subtask Subtctal $5,859.00 3 onvene and aci hate Slx Strategies and Tools Work Team Meetings Princi al $178.50 36 $6,426.00 Associate 51 x7.00 36 $5,292.00 Pro'ect Assistant 590.00 0 $0,00 Subtask Subtotal 511,718.00 3c. Draft, Peer Review, Revise, Finalize, Distribute Key Outcomes Memoranda from Work Team meetings Princi al $178.50 12 52,142.00 Associate $147.00 24 $3,528.00 Pro"ect Assistant $90.00 0 50.00 Subtask Subtotal $5,670.00 ~ ,24 .00 t t 's reflected be ow `Task 3 does not inc ude Right SI a S+ -Estimated e~ fort or managing t a as i in Task 3.5. Task 3.5: Facilitate and Liason with Right Side Strategies and Tools Work Team 3. a. repare an istri ute gen a and Materials for Right Side Strategies and Tools Meetings Princi al 5178.50 4 5714.00 Associate 5147.00 6 5882.00 Pro'ect Assistant 590.00 0 $0.00 Subtask Subtotal $1,596.00 3.5 onvene an Facilitate Rig t i e Strategies and Tools Work Team Meetings Princi al $178.50 12 $2,142.00 Associate $147.00 12 51,764.00 Pro'ect Assistant $90.00 0 $0.00 Subtask 5ubt:otal $3,906.00 3.5c. Draft, Peer Review, Revise, Finalize, Distribute Key Outcomes Memoranda from Work Team meetings Princi al $178.50 4 5714.00 Associate 5147.00 6 5882.00 Pro'ect Assi=_~tant 590.00 O 50.00 Subtask Subtotal 51,596.00 p.3 Prepared by CONCUR. Ir1C. 1/29/04 Page 2 Flug 30 04 02:18p a rgan ze, ecrult, Convene and racwtate ~ nree t,omprenensivr nc~i IiVIC VI w~J Meetings` 4a. arry ut an oor mate Formation and Recruitment of Core Team Members; Draft Final Team Roster rinci al 178.50 5 2,677.50 Associate $147.00 20 $2,940.00 Pro'ect Assistant $90.00 O $0.00 Subtask Subt~~tal 55,617.50 4 .Prepare an istnbute Agen as, Attachments for Three Core Group Meetings Princi al $178.50 6 $1,071.00 Associate $147.00 6 $882.00 Pro'ect Assistant $90.00 O $0.00 Subtask Subtotal $1,953.00 4c. Convene and Facilitate Three Core Group Meetings Princi al $178.50 18 $3,21 3.00 Associate $147.00 18 $2,646.00 Pro'ect Assistant $90.00 0 $0.00 Subtask Subtotal $5,859.00 4d. Draft, Peer Review, Revise, Finalize, Distribute Key Outcomes Memoranda from Three Core Group Meetings Princi al $178.50 6 $1,071.00 Associate $147.00 18 $2,646.00 Pro'ect Assistant $90.00 O $0.00 Subtask Subtotal $3,717.00 a u o a $17,146.50 r •The Core Group has not yet been established. These are estimates and may change. p.4 Prepared by COWCUR, Inc. 1 /29/04 Page 3 Rlug 30 04 02: 18p Task 5: Organize, Recruit, Convene and Facilitate ThreE: Liaison Group Meetings a. rganlze, orm Roster, repave and Distribute Agendas and Attachments for Three Liaison Group Meetings rinci al 178.50 6 2,856.00 Associate $147.00 6 $882.00 Project Assistant $90.00 0 $0.00 Subtask Subtotal $3,738.00 5b. Convene and Facilitate Three Liason Group Meetings Princi al $178.50 12 $2,142.00 Associate $147.00 12 $1,764.00 Project Assistant $90.00 O $0.00 Subtask Subtotal $3,906.00 5c. Draft, Peer Review, Revise, Finalize, Distribute Key Outcomes Memoranda from Three Liason Group Meetings Princi al $178.50 18 $3,213.00 Associate $147.00 12 $1,764.00 Project Assistant $90.00 0 $0.00 Subtask Subtotal $4,977.00 as u o $12,621.00 Task 6: Organize, Recruit, Convene and Facilitate Pilot: Projects 6a. Organize, Form Roster, Prepare and Distribute Agendas and Attachments for Three Pilot Projects Princi al $178.50 3 $535.50 Associate $147.00 12 $1,764.00 Project Assistant $90.00 0 $0.00 Subtask Subtotal $2,299.50 6b. Convene and Facilitate Three Pilot Project Meetings Princi al $178.50 10 $1,785.00 Assume 1 in person, and rwo TLCs Associate $147.00 10 $1,470.00 Project Assistant $90.00 0 $0.00 Subtask Subtotal $3,255.00 6c. Draft Lessons Learned and Recommendations Document to memorialize findings of early consultation process: Peer Review, Revise, Receive comments from Work Team and District staff, Revise again, Finalize and Present to Collaborative rinci al 178.50 6 1,071.00 Associate $147.00 24 $3,528.00 Project Assistant $90.00 O 50.00 Subtask Subtotal $4,599.00 as u o a $10,153.50 p.5 Prepared by CONCUR. Inc. 1/29/04 Page a Rig 30 04 02:18p Professional Services Subtotal 898 $144,111.00 ~ erect penses Telecommunications (Conference Calls, Faxes} $4,500.00 Copying, Express Mail $500.00 Roundtrip Travel to Meeting (Berkeley to San Jose and Santa Cruz to San Jose) $1,150.00 $6,150.00 u o a TOTAL BUDGET ESTIMATE FEBRUARY-JULY 2004 $150,26"1.00 _AMOUNT REMAINING ON PREVIOUS SCOPE AS OF 1 /:30/04 $70,100.25 J ADDED INCREMENT FOR FEBRARY -JULY 2004 $80,160.75 p.6 prepared by CONCIIR, Inc. '1/29/04 Page 5 Subtotals by Staff Principal $178.50 406.00 $72,471.00 Associate $147.00 480.00 $70,560.00 o...;oar necictant $90.00 12.00 $1,080.00 THIRD AMENDMENT TO AGREEMENT # A2687M FOR PAYMENT BETWEEN THE CITY OF CIJIPERTINO AND THE SANTA CLARA VALLEY WATER DISTRICT This Third Amendment to Agreement # A2687M 1~or Payment Between the City of Cupertino and the Santa Clara Valley Water District, dated March 3, 2003, is made and entered into this day of 7Un ~ , 2004, by and between the City of Cupertino, a municipal corporation ("City"), and the Santa Clara Valley V'/ater District, a public agency ("District"). RECITALS The City and the District entered into that certain agreement dated March 3, 2003, providing for the reimbursement to the City of costs for facilitation expenses incurred by CONCUR, Inc., a California corporation ("CONCUR"), a professional mediation/facilitation firm, to assist the Water Resources Protection CollaborativE~ in negotiating, developing, and drafting certain work products for the protection of wader resources within the Santa Clara Valley Water District ("Agreement"). 2. The City and the District desire to amend the Agreement to include the services of Jeff Redding, planning consultant to the Collabor~~tive, to provide neutral expertise in land use planning as related to water and watershed rE~source management, to provide peer review and written feedback for draft District work products, and to provide guidance for the joint development of guidelines and standards for land use near streams. 3. The City has agreed to act as manager of the contract with Jeff Redding, planning consultant to the Collaborative. THE PARTIES HEREBY AMEND THE AGREEMIENT AS FOLLOWS: A. COSTS The costs ("Costs") reimbursable under this Amendment are those costs actually incurred by City and paid to Jeff Redding in connection with a~,nd as provided by the Jeff Redding contract for the second phase of the Collaborative Effort (~~ttached hereto marked Attachment A and incorporated herein by this reference), not to excE~ed $25,000. With this Amendment, the total not to exceed amount of the Agreement is $350,C~00. City expressly acknowledges that it shall receive no reimbursement for staff time, or space or computer charges, or similar costs related to its negotiation, execution, and administration o1' the Jeff Redding contract. All other terms and conditions in the Agreement remain in place and effect. Witness the execution hereof on the day and year first hereinabove written. CITY OF CUPERTINO B : c,~.ltu ~ Y Public Works Director SANTA CLARA VALLEY WATER DISTRICT By: Chie cutive Officer Approved a to form ~~ Tony ennetti Dist ct General Counsel fug 30 04 02: 19p '~`~ R DRAFT TASKS; SCOPE OF WORK FOR JEFF REDDING, PLANNING CONSULTANT I \ I TO WATER RESOURCES COLLABORATIVE lVN Overall Objective of this Work Assignment: a. Provide neutral expertise in land use planning as related to stream and water resources management b. Provide peer review and written feedback far draft District work products c. Provide guidance far the joint development of guidelines and standards for land use near streams ~' ~,r~ ..t ~ n5; ~I'df@SS(OnBI,:.SerV(ICB9?StlbtOta~; K '~ -. ~ ~~ Jeff Reddin 8125.00 192 _ 524,000.0[ TOTAL ~ 192 524,000.0[ 'eiecommun>cations (Telephone, Conference Calls, Faxes) ~$500.OC ;opying, Express Mail 51 OO.OC toiandtrip Travel to Meetings $400.0( Kl .. {~., .'7 ~4'. (: ~.~:-.'1 ~.•r , ~~ ~ ••~='i•d,:'Y?S Flag + ~. .:y,.tt'i. .+.4. ~T~.~ s .z~: .ti ^`~j~000i,« ,' ~2.7.w~V0:0~ p.7 Draft Prepared by C011CUR, Inc. 5/11 /Da Page t M t ~3~~~`~ FOURTH AMENDMENT TO AGREEMEf~IT # A2687M FOR PAYMENT BETWEEN THE CITY OF CUiPERTINO AND THE SANTA CLARA VALLEY WATER DISTRICT This Fourth Amendment to Agreement # A2687NI for Payment Between the City of Cupertino and the Santa Clara Valley Water District dated IVlarch 3, 2003, is made and entered into this day of , 200~~by and i~etween the City of Cupertino, a municipal corporation ("City"), and th anta Clara Valley N/ater District, a public agency ("District"). RECITALS The City and the District entered into that cerlain agreement dated March 3, 2003, providing for the reimbursement to the City of costs for Facilitation expenses incurred by CONCUR, Inc., a California corporation ("CONCUR"), a I~rofessional mediation/facilitation firm, to assist the Water Resources Protection CollaborativE~ in negotiating, developing, and drafting certain work products for the protection of water resources within the Santa Clara Valley Water District ("Agreement"). 2. The Collaborative desires to continue to use the services of CONCUR. 3. The City and the District desire to amend the Agreement to increase the amount of CONCUR facilitation expenses for which the City will receive repayment from the District, and to extend the term. THE PARTIES HEREBY AMEND THE AGREENIENT AS FOLLOWS: A. TERM The term of the Agreement is modified to run from the original beginning date of March 5, 2003 to September 1, 2004, or until City has been reimbursed for all authorized costs incurred by City in connection with the CONCUR contract; providE~d however that this agreement may be terminated earlier if the services of CONCUR are terminated. B. COSTS The costs ("Costs") reimbursable under this Amendment are those costs actually incurred by City and paid to CONCUR in connection with and as provided by the CONCUR contract for the second phase of the Collaborative Effort (attache~~ hereto marked Attachment A and incorporated herein by this reference), not to excE~ed $38,000. With this Amendment, the total not to exceed amount of the Agreement is $388,000. City expressly acknowledges that it shall receive no reimbursement for staff time, or space or computer charges, or similar costs related to its negotiation, execution, and administration o~f the CONCUR contract. All other terms and conditions in the Agreement remain in place and effect. Witness the execution hereof on the day and yea~~ first hereinabove written. CITY OF CUPERTINO By. `~/~r~/~ Public Works Director SANTA CLARA VALLEY WATER DISTRICT By: ~ G~/~~~. xecutive Officer Ap ed as to f Di ict General Counsel ~': DRAFT Proposed Augmentation to CONCUR Level of Effort Santa Clara Valley Water Resource Protection Collak~orative May 24 -July 30 a L z ~ U Task Description Personnel Rate Hours Total Task 1: Convene and Facilitate Collaborative Meetings 1 a. Prepare for, Conduct, Debrief Planning Teleconferences with Steering Committee Principal $178.50 6 $1,071.00 Associate $147.00 3 $441.00 Project Assistant $90.00 0 $0.00 Subtask Suk~total $1,512.00 1 b. Prepare and distribute agenda, attachments for Collaborative meetings; prepare talking points Principal $178.50 12 $2,142.00 Associate $147.00 0 $0.00 Project Assistant $90.00 0 $0.00 Subtask Suk~total $2,142.00 1 c. Convene and Facilitate Collaborative Meetings, including Set Up and Take Down Principal $178.50 0 $0.00 Associate $147.00 0 $0.00 Project Assistant $90.00 0 $0.00 Subtask Suk~total $0.00 1 d. Draft, peer review, revise, finalize, distribute Key Outcomes Memo from Collaborative meetings Principal $178.50 12 $2,142.00 Associate $147.00 0 $0.00 Project Assistant $90.00 0 $0.00 Subtask Suk~total $2,142.00 1 e. Prepare for, draft and distribute agenda, facilitate, debrief and prepare summary memo for meeting with City/County Caucus and Senior District Staff. rincipal 178.50 0 3,570.00 Associate $147.00 0 $0.00 Project Assistant $90.00 0 $0.00 Subtask Suk~total $3,570.00 1 f. Coordinate and Support Ratification Process, including assembling signature sheets and all work products, drafting text for interim agreement, formatting all materials for ratification. rincipal 178.50 4 4,284.00 Prepared by CONCUR, Inc. 06/21 /2004 Page 1 of 5 i~a~ Associate $147.00 24 $3,528.00 Project Assistant $90.00 8 $720.00 Subtask Subtotal $8,532.00 3 ] 7.898:00 Prepared by CONCUR, Inc. 06/21 /2004 Page 2 of 5 Task 2: Strategic Planning, Coordination, Communication, Updating Organizational Documents, Website Postings 2a. Phone consultations, discussions and strategic planning communications between meetings, with Collaborative and Work Team members, District Staff and Work Team consultants Principal $178.50 36 $6,426.00 Associate $147.00 24 $3,528.00 Project Assistant $90.00 0 $0.00 Subtask Suk~total $9,954.00 2b. Update Tasking Memo, Meeting Schedule and Summary of Ratified and Pending Work Products, after each Collaborative and Work Team Meeting Principal $178.50 2 $357.00 Associate $147.00 3 $441.00 Project Assistant $90.00 0 $0.00 Subtask Subtotal $798.00 Task'2 continued: Strategic Planning, Coordination, Communication, Updating Organizational Documents, Website Postings 2c. Prepare and Post Agendas, Key Outcomes Memos and Draft Work Team products after each meeting Principal $178.50 0 $0.00 Associate $147.00 0 $0.00 Project Assistant $90.00 0 $0.00 Subtask Subtotal $0.00 as tofu $10,752.00 Task 3; Convene and Facilitate Strategies and Tools Work Team Meetings* 3a. Prepare and Distribute Agenda and Materials for Strategies and Tools Meetings Principal $178.50 8 $1,428.00 Associate $147.00 6 $882.00 Project Assistant $90.00 0 $0.00 Subtask Subtotal $2,310.00 3b. Convene and Facilitate Strategies and Tools Work Team Meetings Principal $178.50 Associate $147.00 Project Assistant $90.00 Subtask Subtotal 3c. Draft, Peer Review, Revise, Finalize, Distribute Key Outcomes Memoranda from Work Team meetings Principal $178.50 Associate $147.00 Proiect Assi:~tant $90.00 12 $2,142.00 12 _$1,764.00 0 $0.00 $3,906.00 6 $1,071.00 8 $1,176.00 0 $0.00 Prepared by CONCUR, Inc. 06/21 /2004 Page 3 of 5 Su $2,247.00 as u #o aI ~ts,4us,vu *Task 3 does not include Right Side S+T -Effort for managing that task is covered under the original scope Prepared by CONCUR, Inc. 06/21 /2004 Page 4 of 5 Subtotals by CONCUR Staff Principal $178.50 138.00 $24,633.00 Associate $147.00 80.00 $1 1,760.00 Project Assi:~tant $90.00 8.00 $720.00 Professional Sen~Ices Subtotal 226 $37,113.00 elecommunications (Phone, Conference Calls, Faxes) opying, Express Mail $0.00 $0.00 Roundtrip Travel to Meetings (Berkeley to San Jose and Santa Cruz to San Jose) $0.00 TOTAL CONCUR COST PROPOSAL $37,1 13.00: onsu taut Subconsultant Fees for Services Jeff Redding $25,000.00 GRAND TOTAL FOR SERVICES,. FEES, AND EXPENSES 362,113,00. Prepared by CONCUR, Inc. 06/21/2004 Page 5 of 5 v~ ! ~. ENACTED COPY -Contract Admin. Unit AGATT. #/9. a~ Req. # ~ 2 -~9~ FIFTH AMENDMENT TO AGREEMENT a~ A2687M FOR PAYMENT BETWEEN THE CITY OF CU~PERTINO AND THE SANTA CLARA VALLEY WATER DISTRICT This Fifth Amendment to Agreement # A2687M for Payment Between the City of Cupertino and the Santa Clara Valley Water District, dated March 3, 2003, is made and entered into this (r, day of ~~n mhe~- , 2004, by and between the City of Cupertino, a municipal corporation ("City"), and the Santa Clara Valley N/ater District, a public agency ("District"). RECITALS The City and the District entered into that certain agreement dated March 3, 2003, providing for the reimbursement to the City of costs for facilitation expenses incurred by CONCUR, Inc., a California corporation ("CONCUR"), a professional mediation/facilitation firm, to assist the Water Resources Protection Collaborative in negotiating, developing, and drafting certain work products for the protection of waiver resources within the Santa Clara Valley Water District ("Agreement"). 2. The Collaborative desires to continue to use the services of CONCUR. 3. The City and the District desire to amend the .Agreement to increase the amount of CONCUR facilitation expenses for which the (:ity will receive repayment from the District, and to extend the term. THE PARTIES HEREBY AMEND THE AGREEMENT AS FOLLOWS: A. TERM The term of the Agreement is modified to run from the original beginning date of March 5, 2003 to August 31, 2005, or until City has been reimbursed for all authorized costs incurred by City in connection with the CONCUR contract; provided However that this agreement may be terminated earlier if the services of CONCUR are terminated. B. COSTS The costs ("Costs") reimbursable under this Amendment are those costs actually incurred by City and paid to CONCUR in connection with and as provided by the CONCUR contract for the third phase of the Collaborative Effort (attached h~sreto marked Attachment A and incorporated herein by this reference), not to exceed $451,000. The costs also include a reimbursement payment for $15,000 to the City for a payment made by the City to CONCUR for the August 9, 2004 to September 7, 2004 period for a total reimbursable amount of $466,000 (with this Amendment, the total not to exceed amount of thE~ Agreement is $854,000). City expressly acknowledges that it shall receive no reimbursement for staff time, or space or computer Page 1 of 2 charges, or similar costs related to its negotiation, execution, and administration of the CONCUR contract. All other terms and conditions in the Agreement remain in place and effect. CITY OF CUPERTINO gy:~r/~- ~ ~. u Ralph Qualls Public Works Director SANTA CLARA VALLEY WATER DISTRICT By: St n Willia s C ief Executiv Officer Ap roe as to form Debra Cauble District General Counsel Page 2 of 2 CONCUR Proposed Scope: Water Resources Protection Coll~jborative Facilitation, September 2004 -August 2005 CONCUR Professional Services Subtotal Subtotals by CONCUR Staff Principal $178.50 1,244.0 $222,054.00 Associate $147.00 1,088.0 $159,936.00 Pro'ect Assistant $90.00 46.0 $4,140.00 o a ro essiona ervices Subtotal $386,130.00 Additional,Expert Services Jeff Reddin , AICP $125.00 312 $39,000.00 Neutral Expert to Assist with Development of Adaptive Management Process, Including Permit Reporting and Monitorin (Task 7). $10,000.00 Neutral Expert to Assist with Development of Guideline and Standard for Ri avian Ve etation $10,000.00 Expert to Prepare Written Handouts with Standard Design and Detail S ecifications for Exem t Land Uses. (Task 3.'i)` Expert to Prepare Outreach and Educational Materials ancf Coordinate Dissemination. (Task 5)` $59;000.00 'It is assumed that these tasks would be handled by District staff, or the District would recruit and hire a consultant separately. Total Prafessional'Services Subtotal $445,130.00' Direct Ex nses Telecommunications (Phone, Conference Calls, Faxes) $2,400.OOi, Copying, Express Mail $1,000.00' Roundtrip Travel to Meetings (Berkeley to San Jose and ~~anta Cruz to San Jose) $40'60 Mtgs $2,400.00' r _ ' xpenses u $5;800.00' TOTAL $450,930.Q0 ATTACHMEIQT A 8 of 8 Luis Jaimes From: John K. Gamman [jkg@concurinc.~:om] Sent: Wednesday, August 25, 2004 4:09 PM To: Jim Fiedler; Luis Jaimes; Beau Goldie Cc: rebecca@concurinc.net Subject: revision to CONCUR scope ~~- ScopeRevised.l st pg.pdf (5 KB. In reviewing CONCUR's scope one Dist time, I realize we neglected to include an important fact-finding task and related budget item. On the last page of the budget it lists Jeff :bedding and a neutral expert to assist with Adaptive Management. We should also have included a line item for a fact-finding co~~sultant in the area of Riparian Vegetation. The Chapter 7 Work T~=am has had a difficult time agreeing on a standard for protection of Riparian Vegetation; a neutral expert in this area can bring his/]zer experience to bear to help provide information needed to develop G+S's in this area. I have attached a new last page of the sco~~e with this change. Sincerely, John John K. Gamman, Principal CONCUR, Inc. 501 Cedar Street, Suite B Santa Cruz, CA 95060 Tel 831.457.1397 Fax 831.457.8610 jkg@concurinc.com http://www.concurinc.com 1 CONCUR Proposed Scope: Water Resources Protection Collaborative Facilitation, September 2004 -August 2005 CONCUR Level of Effort x Santa Clara Valley Water Resource Protection Collaborati~ie September 7, 2004 -August 30, 2005 Task Descrtptton Personnel Rate Hours Total Task 1: Convene and Facilitate Eight Collaborative Meetings 1 a. Prepare for, conduct, debrief twelve teleconferences with Steering Committee Princi al $178.50 48 $8,568.00 Associate $147.00 36 $5,292.00 Pro~ect Assistant $90.00 0 $0.00 Subtask Subtotal $13,860.00 1b. Prepare and distribute agenda and attachments for eight Collaborative Meetings; prepare talking points Princi al $178.50 72 $12,852.00 Associate $147.00 72 $10,584.00 Pro'ect Assistant $90.00 0 $0.00 Subtask Subtotal $23,436.00 1 c. Convene and facilitate eight Collaborative Meetings, including set up/take down; conduct follow up with members to ensure attendance Princi al $178.50 90 $16,065.00 Associate $147.00 90 $13,230.00 Pro~ect Assistam: $90.00 0 $0.00 Subtask Subtotal $29,295.00 1d. Draft, eer review, revise, malize, distribute Key Outcomes Memo from eight Collaborative meetings Princi al $178.50 18 $3,213.00 Associate $147.00 54 $7,938.00 Pro ect Assistant: $90.00 O $0.00 Subtask Subtotal $11,151.00 e. on uc pos - ase wo assessment, via confidential interviews, with select Collaborative members, to identify what has work well and what can be improved in process. Prepare written summary. Princi al $178.50 12 $2,142.00 Associate $147.00 4 $588.00 Pro'ect Assistant $90.00 O $0.00 Subtask Subtota $2,730.00 oor tna a an anage tna Ratification Process in July 2005, including assembling signature sheets and all work products, drafting text for interim agreement, formatting all materials for ratification. Princi al $178.50 18 $3,213.00 Associate $147.00 24 $3,528.00 Pro'ect Assistant $90.00 6 $540.00 Subtask Subtotal $7,281.00 g. repave or, ra an is n u e agenda, facilitate, debrief and prepare summary memo for 2 meetings with City/County Caucus and Senior District Staff. Princi al $178.50 24 $4,284.00 Associate $147.00 4 $588.00 Pro~ect Assistant $90.00 0 $0.00 Subtask Subtotal $4,872.00 as u tale ::$92.625.00 8/19/04 1 of 8 CONCUR Proposed Scope: Water Resources Protection Collaborative Facilitation, September 2004 -August 2005 'Task 2: Coordination, .communication, Updating OrganizationaLDoeumeats, Website Postin, s 2a. Phone consultations, discussions and strategic planning communications between meetings, with Collaborative and Work Team members, District Staff and Work Team consultants (Assume 6 hr/wk for Principal; 3 hr/wk for Associate) Princi al $178.50 312 $55,692.00 Associate $147.00 156 $22,932.00 Pro ect Assistant $90.00 O $0.00 Subtask Subtotal $78,624.00 Schedule and Summary of Ratified and Pending Work Products, after each meeting; integrate into facilitators ongoing Work Plan Princi al $178.50 36 $6,426.00 Associate $147.00 36 $5,292.00 Pro ect Assistant $90.00 0 $0.00 Subtask Subtotal $11,718.00 2c. Post Agendas/Key Outcomes Memos/Draft Work Team products after each meeting on project website; redesign website for ease of use, including searchability Princi al $178.50 0 $0.00 Associate $147.00 0 $0.00 Pro'ect Assistant $90.00 40 $3,600.00 Subtask Subtotal $3,600.00 a ota $93,942.00': 8/19/04 2 of 8 CONCUR Proposed Scope: Water Resources Protection Collaborative Facilitation, September 2004 -August 2005 Task 3: Coordination of Tasks to Refrne and Finalize the ~G+S's, including the Convening and Facilitation of Twelve Chapter 7 Work Team Meetings (assume 9 in first 6 months; 3 in second 6 .months)' a. versee oor ma ion o City/County Comparison Exercise, Including Coordination with City/County Representatives Princi al $178.50 24 $4,284.00 Associate $147.00 50 $7,350.00 Pro'ect Assistant $90.00 0 $0.00 Subtask Subtot.31 $11,634.00 3b. Develop and coordinate a strategy for Collaborative/ SCVWD outreach to local elected officials and legal counsels related to obtaining legal authorities Princi al $178.50 24 $4,284.00 Associate $147.00 12 $1,764.00 Pro'ect Assistant $90.00 O $0.00 Subtask Subtot+~l $6,048.00 3c. Prepare and Distribute Agenda and Materials for Twelve Chapter 7 Work Team Meetings Principal $178.50 18 $3,213.00 Associate $147.00 36 $5,292.00 Pro'ect Assistant $90.00 0 $0.00 Subtask Subtot:~l $8,505.00 3d. Convene and Facilitate Twelve Chapter 7 Work Team Meetings Princi al $178.50 12 $2,142.00 Associate $147.00 72 $10,584.00 Pro'ect Assistant $90.00 0 $0.00 Subtask Subtotarl $12,726.00 3e. Draft, Peer Review, Revise, Finalize, Distribute Key Outcomes Memoranda from Work Team meetings. Review results of each permitting agencies G+S comparison analysis, prepare summaries for discussion with Work Team Princi al $178.50 24 $4,284.00 Associate $147.00 48 $7,056.00 Pro'ect Assistant $90.00 O $0.00 Subtask Subtot~d $11,340.00 oor mate an versee reparation and Finalization of Training Materials to Train Permitting Agencies in Use of G+S's.' Princi al $178.50 20 $3,570.00 Associate $147.00 44 $6,468.00 Pro ect Assistant $90.00 O $0.00 Subtask Subtot~~l $10,038.00 ~a ~ ` - ota $60,29'1.00' Jeff Redding, AICP, Neutral Peer Review Planner to OversE~e City/County Comparison and Help Develop Strategies to t=ill the Gaps in G+S's. Will meet twice with each local permitting agency to facilitate G+S analysis; attendance at Chapter :i and 7 and Collaborative meetings. $125.00 272 $34,000.00 a . tote ~ Y94~91.00' ~~ aooun~Nuv~~ a u~a~ uou n,~ a~an wuutu ~aKe use ieau m uammg wcai perm¢ung agencies. 8/19/04 3 of 8 CONCUR Proposed Scope: Water Resources Protection Collaborative Facilitation, September 2004 -August 2005 Task 3.5: Coordination of Tasks' to Support Development of Implementing Mechanisms, Incluiing the Convenin and Facil[tation of Ei_ ht Cha ter 5 Work Team Meetin s 3.5a. Prepare and distribute agenda and materials for eight Chapter 5 Meetings Princi al $178.50 40 $7,140.00 Associate $147.00 8 $1,176.00 Pro ect Assistant $90.00 O $0.00 Subtask Subtotal $8,316.00 3.5b. Convene and facilitate eight Chapter 5 Work Team Meetings Princi al $178.50 64 $11,424.00 Associate $147.00 12 $1,764.00 Pro ect Assistant $90.00 O $0.00 Subtask Subtotal $13,188.00 Finalize, Distribute Key Outcomes Memoranda from Work Team meetings. Coordinate preparation of and/or prepare Implementing Tools (ie., Streamside Protection Plan specifications, toot box for General Plans, specs for Streamside Planning Areas, Standard Permit Conditions, Permit Checklists, Model Ordinance, etc.) Princi al $178.50 80 $14,280.00 Associate $147.00 12 $1,764.00 Pro ect Assistant $90.00 O $0.00 Subtask Subtotal $16,044.00 a toTa $.37.548003 Jeff Redding, AICP, to assist with preparation, research and peer review of implementing tools. $125.00 40 $5,000.00 a tote $42,548.00; `Tasks do not include preparation of written hand outs with standard design and detail spectifications for exempt land uses. 8/19/04 4 of 8 CONCUR Proposed Scope: Water Resources Protection Collaborative Facilitation, September 2004 -August 2005 Task 4: Organize, Recruit, Convene and Facilitate Four Com rehensive Plan Workin. Grou Meetings" a. arry u an oor ma e Formation and Recruitment of Working Group Members; Draft Final Team Roster Princi al $178.50 36 $6,426.00 Associate $147.00 24 $3,528.00 Pro ect Assistant $90.00 O $0.00 Subtask Subtot,31 $9,954.00 4b. Prepare and Distribute Agendas, Attachments for Four Comprehensive Plan Working Group Meetings Princi al $178.50 36 $6,426.00 Associate $147.00 12 $1,764.00 Pro'ect Assistant $90.00 O $0.00 Subtask Subtot~jl $8,190.00 4c. Convene and Facilitate Four Comprehensive Plan Working Group Meetings Princi al $178.50 24 $4,284.00 Associate $147.00 24 $3,528.00 Pro ect Assistant $90.00 0 $0.00 Subtask Subtot~~l $7,812.00 ra eer eview, evise, ina ize, Distribute Key Outcomes Memoranda from four Comprehensive Plan Working Group Meetings. Draft Work Ptans, Outlines and Recommendations for Working Group. Princi al $178.50 24 $4,284.00 Associate $147.00 9 $1,323.00 Pro~ect Assistant $90.00 0 $0.00 Subtask Subtot<d $5,607.00 as u tota $31,563.fJ10 'SCVWD has not decided to authorize preparation of the Comprehensive Plan. The assumption is that the District will go forward. 8/19/04 5 of 8 CONCUR Proposed Scope: Water Resources Protection Collaborative Facilitation, September 2004 -August 2005 Task. S: Coordinate and Oversee. Outreach Program and Development of Educational Materials for Outreach to Property Owners by Convening and Facilitating Six Meetings of an Outreach Work Team (Assume S meetings in Nov - July timeframe) Sa. Carry Out and Coordinate Formation and Recruitment of Work Team Members; Coordinate with other Initiatives, such as WMI/SCVURPPP, including oversight of Outreach Expert. rinci al 178.50 8 1,428.00 Associate $147.00 16 $2,352.00 Pro~ect Assistant $90.00 O $0.00 Subtask Subtotal $3,780.00 5b. Prepare and Distribute Agendas and Attachments for Six Outreach Work Team Meetings Princi al $178.50 9 $1,606.50 Associate $147.00 27 $3,969.00 Pro ect Assistant $90.00 0 $0.00 Subtask Subtotal $5,575.50 5c. Convene and Facilitate Six Outreach Work Team Meetings Princi al $178.50 12 $2,142.00 Associate $147.00 54 $7,938.00 Pro~ect Assistant $90.00 O $0.00 Subtask Subtotal $10,080.00 Sd. Draft, Peer Review, Revise, Finalize, Distribute Key Outcomes Memoranda from Six Outreach Work Team Meetings Princi al $178.50 9 $1,606.50 Associate $147.00 27 $3,969.00 Pro ect Assistant $90.00 O $0.00 Subtask Subtotal $5,575.50 as . u tote $25,(Yl~.00 8/19/04 6 of 8 CONCUR Proposed Scope: Water Resources Protection Collaborative Facilitation, September 2004 -August 2005 Task 6: Coordinate Efforts of the Early Consultation Pilot in Select Cities a. eve op an is n u e i y oun y Survey to Identify Which Cities would like to Participate in an Early Consultation Process and in What Timeframe rinci al 178.50 6 1,071.00 Associate $147.00 10 $1,470.00 Pro ect Assistant $90.00 0 $0.00 Subtask Subtot~~l $2,541.00 6b. Convene, Prepare or, and Facilitate Three Pilot Project Meetings to Take Stock of Efforts to Date Princi al $178.50 6 $1,071.00 Associate $147.00 27 $3,969.00 Pro~ect Assistant $90.00 0 $0.00 Subtask Subtotail $5,040.00 c. ocument essons earne an Recommendations for Future Projects; Coordinate Adoption of G+S's via Early Consultation as appropriate. rinci al 178.50 2 2,142.00 Associate $147.00 40 $5,880.00 Project Assistant $90.00 0 $0.00 Subtask Subtotal $8,022.00 tots $15,643:00' Task 7: Develop the Framework for Implementation; Monitoring,. Assessment and Adaptive Management, Including the Convening and Facilitation of Six InstitutionaLArrangements Work Team Meetings 7a. Prepare an istn ute Agen as and Attachments for Six Institutional Arrangements Work Team Meetings Princi al $178.50 36 $6,426.00 Associate $147.00 12 $1,764.00 Pro ect Assistant $90.00 0 $0.00 Subtask Subtotal $8,190.00 7b. Convene and Facilitate Six Institutional Arrangements Work Team Meetings Princi al $178.50 42 $7,497.00 Associate $147.00 12 $1,764.00 Project Assistant $90.00 0 $0.00 Subtask Subtotal $9,261.00 Adaptive Management Including a Monitoring, Reporting, and Assessment Process Based On Input from Work Team members. Address Issues of Permit Monitoring and Enforcement. Peer Review, Revise, Present to Collaborative Princi al $178.50 48 $8,568.00 Associate $147.00 24 $3,528.00 Pro~ect Assistan: $90.00 O $0.00 Subtask Subtotal $12,096.00 as tote $29547:00. 8/19/01 7 of 8 CONCUR Proposed Scope: Water Resources Protection Collaborative Facilitation, September 2004 -August 2005 CONCUR Professional Services Subtotal Subtotals by CONCUR Staff Principal $178.50 1,244.0 $222,054.OC Associate $147.00 1,088.0 $159,936.OC Pro~ect Assistant $90.00 46.0 $4,140.OC ota o ess~ona ervices 5ubtota I $ 386,130.00 AtlditionaL Expert:Services . Jeff Reddin , AICP $125.00 312 $39,000.00 Neutral Expert to Assist with Development of Adaptive Management Process, Including Permit Reporting and Monitorin (Task 7). $10,000.00 Expert to Prepare Written Handouts with Standard Design and Detail S ecifications for Exem t Land Uses. (Task 3.5)' Expert to Prepare Outreach and Educational Materials and Coordinate Dissemination. (Task 5) * $49.000.00 *It is assumed that these tasks would be handled by District staff, or the District would recruit and hire a consultant separately. Total Professional Services Subtotal $435,1.30.00. Direct ~Ex~senses Telecommunications (Phone, Conference Calls, Faxes) $2,400.00 Copying, Express Mail $1,000.00 Roundtrip Travel to Meetings (Berkeley to San Jose and Santa Cruz to San Jose) $40*60 Mtgs $2,400.00 penses u t _ .:. " X5,800:00, TQTAL $440, 930.00 8/19/04 8 of 8 rw ~~ '*.+' i ti "~'r 1832 Second Street Berkeley. California 94710 Phone: (510) 649-8008 Fax: (510) 649-1980 e-mail: concur@concurinc.net 501 Cedar Street. Suite B Santa Cruz. California 95060 Phone: (831) 457-1397 Fax: (831) 457-8610 e-mail: concur@concurinc.com www.concurinc.com Proposed Scope of Work to Provide Professional Services in Support of the Santa Clara Valley Water Resources Protection Collaborative (WRPC) September 2004-August 2005 Prepared Aui~ust 17, 2004 Introduction In response to a request from District staff anti the WRPC members, this proposed Scope of Work describes the level of effort needed to provide the range of professional services needed to support the Water Resources Protection Collaborative and its development of a series of work products over the period September 2004-August 2005. This memorandum summarizes progress to date, the major elements of the Scope, and describes how the Workplan meets the challenges inherent in developing the multi-party negotiated agreements among Collaborative member agencies for land use near streams and related topics. Progress to Date The Collaborative's August 5, 2004 Resolution of Consensus and related agreements illustrate the substantial progress made to date by the Collaborative. Much momentum has been created in the Collaborative proces~i, overcoming several obstacles to success. The current challenge is to maintain and build upon the solid progress and momentum which now exists. The Collaborative's agreements were reached over a several month period from July 2003 to August 2004. Please refer to the package ~~f written agreements to see first hand the results. of the consensus-based Collaborative process. Included in these ratified work products is the Collaborative's Workplan for the next year. The attached Scope of Work draws heavily from that Workplan, with refinernents made since August 5, 2004. Facilitated Negotiation Environmental Policy Analysis Strategic Planning Training Regulatory Compliance Join[ Fact-Finding Maior Elements in the Scope of Work The Proposed Scope of Work (attached) details the approach, tasks and associated costs for each element of work to take place over the next 12 months, which are: 1. Completion of Guidelines and Standards (Guidelines and Standards) for Land Use Near Streams a. Finalization of Guidelines and Standards b. Completion of Implementing Tools for Guidelines and Standards c. Coordination of Early Consultation for permits between SCVWD and Cities/County to support adoption of Guidelines and Standards d. Coordination of "Decision Maker Check-in's" with local elected officials e. Coordination of involvement of legal counsels from SCVWD/Cites/County to prepare for adoption of legal authorities for Guidelines and Standards f. Initiation of Community Outreach for Guidelines and Standards g. Preparation for and Initiation of Training for City/County staff in use of Guidelines and Standards h. Completion of the Adaptive Management Framework, which describes the structure and process for reporting, monitoring and adaptively managing Guidelines and Standards for Land Use Near Streams 2. Preparation of SCVWD Comprehensive Plan (CP) a. Coordination of input into SCVWD's Comprehensive Plan by CP Working Group There are several sub-tasks for each of these major elements of work. Please refer to the actual Scope of Work for a detailed description of all tasks and the related work needed to complete them. Number and Tvpe of Meetings To produce the work products related to each element of the Collaborative's work, the following series of structured meetings are thought to be necessary: A. Eight Collaborative meetings B. Twelve Steering Committee meetings C. Two City/County Caucus meetings with senior District staff D. Twelve Chapter 7 Work Team meetings (Guidelines and Standards) E. Eight Chapter 5 Work Team meetings (G+S Implementing Tools) F. Four Comprehensive Plan Work Team meetings G. Six Outreach Work Team meetings H. Three Pilot Project Work Team meetings I. Six Institutional Arrangements Work Team meetings CONCUR, Inc. Proposed Scope of Work September 2004 -August 2005 Page 2 of 5 Each meeting requires pre-meetings tasks including consultations with District staff and Work Team members, agenda preparation, preparation and/or review and revision to agenda attachments (interim agreements), mE~eting facilitation, meeting summary memorializing key decisions and next steps (K:ey Outcomes Memoranda) and resulting oversight of related written work products (nest version of written agreements). Non-Meeting Activities The following non-meeting activities are also major components of the Collaborative's Workplan and the Proposed Scope of Work: A. Post Phase Two Evaluation to identify what has worked well in Collaborative process and any improvements that can be made 6. Writing, coordination and management of ~rll written agreements C. Ongoing phone consultations, Strategic Pl~~nning and communication with District staff and Collaborative member organizations tl-iroughout project D. Updating of internal Tasking Memoranda, P~leeting Schedules and Summary of Ratified and Pending Agreements and Work Produ~~ts E. Posting all agendas, Key Outcomes Memoranda and written agreements on project website for easy access by all participants F. Oversight and Coordination of Comparison Exercise for Guidelines and Standards G. Management of neutral peer review expert planner who will assist with finalization of Guidelines and Standards H. Development and coordination of outreach strategy to local elected officials and their legal counsels I. Coordination and support for preparation o~f training materials for Guidelines and Standards J. Preparation of written Implementing Tools 1~or Guidelines and Standards K. Recruitment and coordination of ComprehE~nsive Plan Working Group L. Formation and coordination of Outreach Work Team M. Completion of Framework for Adaptive Management Key Working Assumptions The attached Scope of Work is based on thesE~ key assumptions: The maximum possible progress will be m~rde on all products and deliverables stepped out in the Collaborative's Workplan (attached). Particular emphasis will be placed on finalization of the Guidelines and Standard:, to in turn to prepare them for adoption by the Cities/County. CONCUR would continue to serve as the ~~ecretariat in writing and peer reviewing both draft and final memoranda, outlines and agreements for the Collaborative, including Implementing Tools for Guidelines and Standards, the Adaptive Management Framework, etc. Collaborative members h:3ve reported that having this neutral document preparation function has been are essential element of its success in reaching agreements. CONCUR, Inc. Proposed Scope of Work S°ptember 2004 -August 2005 Page 3 of 5 In order to maintain the credibility of the process and its work products, a neutral planning consultant, Jeff Redding, AICP, would assist the cities/County in completing the Guidelines and Standards gaps analysis, including recommendations for Enhanced Practices. Mr. Redding would also act as neutral peer reviewer for Implementing Tools. It is anticipated that the SCVWD will need to hire expert consultants, and/or assign work products to District staff to complete these tasks and subtasks, as follows: ^ Task 3: Preparation of Guidelines and Standards Training Material ^ Task 3.5: Preparation of standard details and specifications for handouts for exempt land uses ^ Task 5: Preparation and distribution of educational and outreach materials related to Guidelines and Standards ^ Task 7: Neutral Expert to Assist with Development of Adaptive Management Process, Including Permit Reporting and Monitoring For these three deliverables, CONCUR will provide guidance, coordinate input from Collaborative members and peer review final work products to ensure their accuracy and internal consistency with Collaborative agreements. Meeting the Challenaes Posed by Multi-Party, Regulatorv Negotiations The major objective of the Collaborative process is to develop effective mechanisms to implement the District's mission to protect water resources in Santa Clara County. It seeks to do this by creating e a series of written agreements deemed satisfactory by all participating stakeholder groups, which will lay the foundation for the Guidelines and Standards. These, in turn, can then be implemented by the District, cities and the County. The nature of this multi-party regulatory-based negotiation process poses several challenges. The facilitated negotiation process must recognize, account for and overcome each of these challenges, including: 1. Integrating the interests of the Districts and a large number of peer negotiating parties. Negotiations for the regulatory-based Guidelines and Standards occur between the 16 local governments, the Water District, other governmental agencies (i.e. Regional Board, Guadalupe-Coyote Resource Conservation District) business, environmental, citizen and agricultural based organizations. Therefore, each negotiated agreement must account for the interests of each of these Collaborative members. 2. Anticipating direct impacts on local permitting agencies. In contrast to more site- specific disputes (i.e., Downtown Guadalupe River Flood Control Project) and policy disputes (i.e., General Plan type disputes), the potential impacts of the Guidelines and Standards are keenly-felt by local permitting agencies. These impacts, span environmental, economic and political concerns. The effects of the Guidelines and Standards are real and concrete, and have to be fully accounted for during the negotiation process. This creates tremendous complexity in the face-to-face facilitated negotiation process. This complexity in turn requires that the neutral spend considerable time preparing for each negotiating session, to delve into each issue from the viewpoint of every negotiating organization, a departure from a more standard facilitation process. CONCUR, Inc. Proposed Scope of Work September 2004 -August 2005 Page 4 of 5 3. Integrating fact finding on land use issues. Land use issues, are by their nature, among the most sensitive and difficult to n~:gotiate. 4. Close tracking of progress. These kind of multi-party negotiations are time consuming and logistically difficult to conduct and maintain. The vast majority of CONCUR's staff time is spend on this task, as opposed to meeting facilitation. 5. Compile and synthesize solid technical information as the foundation for all written agreements. Each issue negotiated requires that a solid foundation of information be developed, translated and presented to thE~ negotiators; agreements are only as good as the information upon which they are ba;;ed. Hence there is a need for expert consultants and neutral peer reviewers to confirm and reinforce the credibility of information. Fortunately, the team retained by the District Has been able to clearly identify and respond to each of these challenges. Attachments (2): Proposed Scope of Work; W~xkplan for Collaborative CONCUR, Inc. Proposed Scope of Work S~;ptember 2004 -August 2005 Page 5 of 5 11/08/2004 15:11 15106491980 U ~ O Second 9aeet 1 Ga., Amt, 5„tce B SO aerYckv, CdJo,d44+1710 54nu Cn+e. CYllomi~ 95060 Phone, ISttn 699d00a tMOne~. (031) 457-1397 O e..: (Sfo) N9~19a~ f... (031) ana6f o E•Matl: cav:uAcoocurinc.net • www<w~nirincrom E•MwO~ cpKUAconcurlnccom FACSIMILE COVER Date: November 8, 2004 To: Luis Jaimes FAX: 408-979-5627 From: Amy ~eBlvnc, COtdCilfZ; lac. ~5 a{t:~,~49:8(~08~ Page 1 of 3 PAGE 01 Luis, Attachedis a copy of the contract agreement between CONCUR and the City of Cupertino. The agreement is for $465,930.00, as that was the amount awarded, but as you know CONCUR used X615,000 of that in September. The current amount we -ore billing againstts then $450,930:00, which is that amount of the scope CONCUR submitted for 2004-2005. Also attached are the first two invoices we have submitted billing against this contract amendment. I will be sure to cop~r you on all our invoices in the future. Please let me know if you have questions. Amy LeBlanc Pacilitued Negaiafioa P.1lvirmmental Policy An31y6i8 Stntegie Plruufing 7Yaining Regulatory Compliance Joint Fact-FinQiog Sep 06 05 09:24a SIXTH AMENDMENT TO /AGREEMENT #A2687M BETWEEN THE CITY' OF CUPERTINO AND THE SANTA CLARA Vi~LLEY WATER DISTRICT This Sixth Amendment to Agreement #A2687M for Payment between the City of Cupertino and the Santa Clara Valley Water District, dated Marcli 3, 2003 (Agreement), is made and entered into effective August 31, 2005, by and between the City of Cupertino, a municipal corporation (City) and the Santa Clara Valley Water District, a public agency (District). RECIT,aLS 1. The City and the District entered into the AgreE>ment providing for reimbursement to the City of costs for facilitation expenses incurred by CON~;,UR, Inc, to assist the Water Resources Protection Collaborative in developing, negotiating, and drafting certain work products for the protection of water resources. 2. The Agreement has subsequently been amended from time to time. 2. The City and the District desire to further amend the Agreement to extend the term, with no increase in the total amount of reimbursement the City will receive from the District. NOW, THEREFORE, the parties agree that the Acreement is amended as follows: The term of the Agreement is modified to run from the original beginning date of March 5, 2003, tv and including November 7, 2005, or until City h~~s been reimbursed for all authorized costs incurred on or before that date by City in connection with the CONCUR contract. This Agreement may be terminated earlier if the servicE~s of CONCUR are terminated. All other terms and conditions in the Agreement, as amended, remain in full force and effect. CITY OF CUPERTINO SANTA CLARA VALLEY WATER DISTRICT C~~~ Ralph Qualls Stan 1Nilliams Public Works Director Chief Executive Officer p.l SEVENTH AMENDMENT TAD AGREEMENT #A2687M BETWEEN THE CITY OF CUPERTINO `~~ ~ ~ ~ ~?('~~ ~~ AND THE SANTA CLARA VALLEY WATER DISTRICT This Seventh Amendment to Agreement #A2687M for Payment between the City of Cupertino and the Santa Clara Valley Water District, dated March 3, 2003 (Agreement), is made and entered into effective November 1, 2005, by and between the City of Cupertino, a municipal corporation (City) and the Santa Clara Valley Water District, a public agency (District). RECITALS A. The City and the District entered into the Agreement providing for reimbursement to the City of costs for facilitation expenses incurred by COI~ICUR, Inc, to assist the Water Resources Protection Collaborative in developing, negotiating, and drafting certain work products for the protection of water resources. B. The Agreement has subsequently been amended from time to time. C. The City and the District desire to further amend the Agreement to extend the term and provide for additional reimbursement. NOW, THEREFORE, the parties agree that the Agreement is amended as follows: 1. Section A, TERM, is amended to provide that ~:he term of the Agreement is extended to and including November 30, 2006, or until City has been reimbursed for all authorized costs incurred on or before that date by City in connection with the CONCUR contract. 2. Section B, COSTS, is amended to provide for up to an additional $275,000 to be reimbursed to City for services provided by CONCUR, for a total not to exceed amount of $1,129,000. All other terms and conditions in the Agreement, <~s amended, remain in full force and effect. CITY OF CUPERTINO C.Q. c.,c. c,~ (.Cs ~~~ Ralph Qualls Public Works Director SAN-fA CLARA VALLEY WATER DISTRICT ~~~~ Stan Williams Chief Executive Officer