Cupertino City Council
June 4, 2024

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POLICY# 8106X632782

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cove age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.

A. BROAD FORM NAMED INSURED
B. BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS - INCREASED
LIMITS
F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS

PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:

Any organization you newly acquire or form during the policy period over which you maintain 50% or more ownership interest and that is not
separately insured for Business Auto Coverage.

Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier.

B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. in A.1.,
Who Is An Insured, of SECTION II - COVERED
AUTOS LIABILITY COVERAGE:

Any person or organization who is required under
a written contract or agreement between you and
that person or organization, that is signed and
executed by you before the "bodily injury" or
"property damage" occurs and that is in effect
during the policy period, to be named as an additional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which
H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF

USE - INCREASED LIMIT
I. PHYSICAL DAMAGE - TRANSPORTATION

EXPENSES - INCREASED LIMIT
J. PERSONAL PROPERTY
K. AIRBAGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
M. BLANKET WAIVER OF SUBROGATION
N. UNINTENTIONAL ERRORS OR OMISSIONS
this insurance applies and only to the extent that
person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in Section II.

C. EMPLOYEE HIRED AUTO

1. The following is added to Paragraph A.1.,
Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE:

An "employee" of yours is an "insured" while
operating an "auto" hired or rented und
contract or agreement in an "employee's"
name, with your permission, while performing
duties related to the conduct of your business.

2. The following replaces Paragraph b. in B.5.,
Other Insurance, of SECTION IV - BUSINESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:
(1) Any covered "auto" you lease, hire,
rent or borrow; and
(2) Any covered "auto" hired or rented by
your "employee" under a contract i
an "employee's" name, with your
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COMMERCIAL AUTO
perm1ss1on, while performing duties
related to the conduct of your business.

However, any "auto" that is leased, hired,
rented or borrowed with a driver is not
covered "auto".

D. EMPLOYEES AS INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:

Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs.

E. SUPPLEMENTARY PAYMENTS - INCREASED
LIMITS

1. The following replaces Paragraph A.2.a.(2),
of SECTION II - COVERED AUTOS LIABILITY COVERAGE:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish
these bonds.

2. The following replaces Paragraph A.2.a.(4),
of SECTION II - COVERED AUTOS LIABILITY COVERAGE:
(4) All reasonable expenses incurred by the
"insured" at our request, including actual
loss of earnings up to $500 a day because of time off from work.

F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS The following replaces Subparagraph (5) in Paragraph B.7., Policy Period, Coverage Territory, of SECTION IV - BUSINESS AUTO CONDITIONS:
(5) Anywhere in the world, except any country or
jurisdiction while any trade sanction, embargo, or similar regulation imposed by the United States of America applies to and prohibits the transaction of business with or within such country or jurisdiction, for Covered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow
without a driver for a period of 30 days or less
and that is not an "auto" you lease, hire, rent
or borrow from any of your "employees",
partners (if you are a partnership), members
(if you are a limited liability company
members of their households.
(a) With respect to any claim made or "suit"
brought outside the United States of
America, the territories and possessions
of the United States of America, Puerto
Rico and Canada:
(i) You must arrange to defend the "insured" against, and investigate or settle any such claim or "suit" and keep us advised of all proceedings and actions.
(ii) Neither you nor any other involved
"insured" will make any settlement
without our consent.
(iii) We may, at our discretion, participate
in defending the "insured" against, or
in the settlement of, any claim or
"suit".
(iv) We will reimburse the "insured" for
sums that the "insured" legally must
pay as damages because of "bodily
injury" or "property damage" to which
this insurance applies, that the "insured" pays with our consent, but only up to the limit described in Paragraph C., Limits Of Insurance, o

SECTION II - COVERED AUTOS
LIABILITY COVERAGE.
(v) We will reimburse the "insured" for
the reasonable expenses incurred
with our consent for your investigation of such claims and your defense of the "insured" against any such
"suit", but only up to and included
within the limit described in Paragraph C., Limits Of Insurance, of

SECTION II - COVERED AUTOS
LIABILITY COVERAGE, and not in
addition to such limit. Our duty to
make such payments ends when we
have used up the applicable limit of
insurance in payments for damages,
settlements or defense expenses.
(b) This insurance is excess over any valid
and collectible other insurance available
to the "insured" whether primary, excess,
contingent or on any other basis.
(c) This insurance is not a substitute for r
quired or compulsory insurance in any
country outside the United States, its territories and possessions, Puerto Rico and Canada.

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You agree to maintain all required or
compulsory insurance in any such country up to the minimum limits required by local law. Your failure to comply with
compulsory insurance requirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory insurance requirements. (d) It is understood that we are not an admitted or authorized insurer outside the United States of America, its territories
and possessions, Puerto Rico and Canada. We assume no responsibility for the furnishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.

G. WAIVER OF DEDUCTIBLE - GLASS
The following is added to Paragraph D., Deductible, of SECTION Ill - PHYSICAL DAMAGE COVERAGE:

No deductible for a covered "auto" will apply
glass damage if the glass is repaired rather than
replaced.

H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF

USE - INCREASED LIMIT
The following replaces the last sentence of Paragraph A.4.b., Loss Of Use Expenses, of SECTION Ill - PHYSICAL DAMAGE COVERAGE:

However, the most we will pay for any expenses
for loss of use is $65 per day, to a maximu
$750 for any one "accident".

I. PHYSICAL DAMAGE - TRANSPORTATION

EXPENSES - INCREASED LIMIT
The following replaces the first sentence in Paragraph A.4.a., Transportation Expenses, of SECTION Ill - PHYSICAL DAMAGE COVERAGE:

We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type.

J. PERSONAL PROPERTY
The following is added to Paragraph A.4., Coverage Extensions, of SECTION Ill - PHYSICAL DAMAGE COVERAGE:

Personal Property
We will pay up to $400 for "loss" to wearing apparel and other personal property which is:
(1) Owned by an "insured"; and

COMMERCIAL AUTO
(2) In or on your covered "auto".

This coverage applies only in the event of a total
theft of your covered "auto".

No deductibles apply to this Personal Property
coverage.

K. AIRBAGS
The following is added to Paragraph 8.3., Exclusions, of SECTION Ill - PHYSICAL DAMAGE COVERAGE:

Exclusion 3.a. does not apply to "loss" to one or
more airbags in a covered "auto" you own that inflate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., bu
only:
a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated.

We will pay up to a maximum of $1,000 for any
one "loss".

L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV - BUSINESS AUTO CONDITIONS:

Your duty to give us or our authorized representative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" is known to:
(a) You (if you are an individual);
(b) A partner (if you are a partnership);
(c) A member (if you are a limited liabilit
pany);
(d) An executive officer, director or insurance
manager (if you are a corporation or other o
ganization); or
(e) Any "employee" authorized by you to give notice of the "accident" or "loss".

M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.5., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV - BUSINESS AUTO CONDITIONS:

5. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the extent required of you by a written contrac signed and executed prior to any "accident"
or "loss", provided that the "accident" or "loss"
arises out of operations contemplated by
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COMMERCIAL AUTO
such contract. The waiver applies only to the
person or organization designated in such
contract.

N. UNINTENTIONAL ERRORS OR OMISSIONS
The following is added to Paragraph 8.2., Concealment, Misrepresentation, Or Fraud, of SECTION IV - BUSINESS AUTO CONDITIONS:

The unintentional om1ss1on of, or unintentional
error in, any information given by you shall not
prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal.

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~
TRAVELERSJ •

ONE TOWER SQUARE
HARTFORD CT 06183

WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A) - 001
POLICY NUMBER: UB2T357728

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS

ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.

The additional premium for this endorsement shall be 2 . o o % of the California workers' compensation premium.

Person or Organization

ANY PERSON OR ORGANIZATION FOR

WHICH THE INSURED HAS AGREED

BY WRITTEN CONTRACT EXECUTED

PRIOR TO LOSS TO FURNISH THIS
WAIVER.

Schedule
Job Description

ENGINEERS
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective
Insured
Insurance Company
DATE OF ISSUE: 04-03-23
Policy No. Endorsement No.

Premium
Countersigned by ____________ _
ST ASSIGN: Page 1 of 1
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Attachment D
RESOLUTION NO. ________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A BUDGET MODIFICATION AND TRANSFER OF $500,000

FROM THE PARK DEDICAITON FUND TO THE ALL-INCLUSIVE

PLAYGROUND AT JOLLYMAN PARK PROJECT FUND
WHEREAS, the orderly administration of municipal government depends on a sound fiscal policy of maintaining a proper ratio of expenditures within anticipated revenues and available monies; and
WHEREAS, accomplishing City Council directives, projects, and programs and performing staff duties and responsibilities likewise depends on the monies available for that purpose; and
WHEREAS, the City Manager has determined that the balances from the funds specified in this resolution are adequate to cover the proposed transfer appropriations, and therefore recommends the fund reallocations described herein; and
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the recommended fund transfer and ratifies the attached amended appropriations as set forth in Exhibit A.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4
th day of June, 2024, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Sheila Mohan, Mayor
________________________
Date
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Resolution No. __________________
City of Cupertino
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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Resolution No. __________________

EXHIBIT A
Appropriation Amendment
by Fund
Revenue Appropriations Fund Balance
(Use of)
280 Park Dedication Fund $0 $500,000 ($500,000)
420 All-Inclusive Playground
at Jollyman Park Project Fund
$500,000 $500,000 $0
TOTAL $500,000 $1,000,000 ($500,000)
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CITY OF CUPERTINO
Agenda Item
24-13020 Agenda Date: 6/4/2024
Agenda #: 9.

Subject: Approve an agreement with the City of San Jose to provide animal management services for a not-to-exceed amount of $330,730 for fiscal year 2024-2025, $343,959.20 for fiscal year 2025-2026, and $357,717.57 for fiscal year 2026-2027, for a total of $1,032,406.70, and delegate authority to the City Manager to award contract extensions through June 30, 2033, depending on approved budget and acceptable services.

That the City Council the agreement (Attachment A) to:

1. Authorize the City Manager to execute an agreement with City of San Jose to provide animal management services including Field Services, Shelter Services, and Dead Animal Services for a total not-to-exceed amount of $1,032,406.70 for three years between fiscal years 2024-2025 and 2026-2027.

2. Authorize the City Manager to execute up to two (2) 3-year contract extensions, provided budget is available and services remain acceptable.

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CITY COUNCIL STAFF REPORT
Meeting: June 4, 2024
Subject
Approve an agreement with the City of San Jose to provide animal management services for a not-to-exceed amount of $330,730 for fiscal year 2024-2025, $343,959.20 for fiscal year 2025- 2026, and $357,717.57 for fiscal year 2026-2027, for a total of $1,032,406.70, and delegate authority to the City Manager to award contract extensions through June 30, 2033, depending on approved budget and acceptable services.

Recommended Action
That the City Council approve the agreement (Attachment A) to:

1. Authorize the City Manager to execute an agreement with City of San Jose to provide animal management services including Field Services, Shelter Services, and Dead Animal Services for a total not-to-exceed amount of $1,032,406.70 for three years between fiscal years 2024-2025 and 2026-2027.

2. Authorize the City Manager to execute up to two (2) 3-year contract extensions, provided budget is available and services remain acceptable.

Reasons for Recommendation
The contract between the City of Cupertino (“City”) and the City of San Jose (“CSJ”) for animal services is set to expire on June 30, 2024. A competitive Request for Proposal (RFP) process was completed in April and resulted in no proposal submissions. Conversations with other potential service providers in the region resulted in the understanding that they did not have capacity to support our needs, an initial substantial investment would be required, and that the City of San Jose typically provides services to public agencies at a lower cost. As a result, staff began directly negotiating with the CSJ as allowed in the Cupertino Municipal Code and the Purchasing Policy.

In discussions with CSJ, they submitted a scope of work and compensation amount that provides cost recovery for CSJ staffing and resources based on an annual average of 500 service calls to the City community and an average animal boarding of 23 days. The scope of work covers a variety of services such as impound, confiscation, disposal, euthanasia requests, spay and neuter, wildlife pick up, and transportation. These are all current services that are offered to Cupertino residents. Additionally, the City contributed a one-time payment of $500,000 in the previous contract to help complete shelter infrastructure to accommodate animal care necessary to support the City’s needs. For this contract and the optional extension 293
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periods, the City is not being requested to contribute funding for any additional infrastructure upgrades or planned capital improvement projects by CSJ to update the facilities. To continue to offer uninterrupted services to the City residents, staff is also recommending that the City Manager have delegated authority to award up to two (2) 3-year contract extension with CSJ, provided that the City has available budget and services continue to meet expectations.

Therefore, staff recommends the City Council to approve the proposed contract with CSJ and approve the delegation of authority for future extensions to continue animal services to the community without lapse and avoid significantly more costly options. Exhibit A within Attachment A describes the scope of services while Exhibit B outlines the annual compensation.

Background
The City contracted with CSJ for animal services beginning in fiscal year 2004-2005 for a total of 20 years. The original agreement included first year cost of $166,000 and a one-time capital contribution to the animal shelter of $500,000 to complete field and shelter infrastructure needs to accommodate animals from the City. Costs for subsequent fiscal years were calculated as either (prior year compensation) x (percentage change in total compensation for the previous fiscal year) or (CPI for the previous fiscal year + 1.5%), whichever is less. Total Compensation refers to the amount CSJ identifies for total compensation salary and benefits at top step for a 40-hour per week animal control officer. In the current fiscal year 2023-2024 the City paid CSJ $266,380 for animal management services.

Prior to 2004, the City of Cupertino was one of seven cities that formed the Silicon Valley Animal Control Authority (SVACA) to provide animal services in the areas of field, shelter and licensing. In 2003, City of Cupertino decided to withdraw from SVACA due to several unresolved issues and concerns over upcoming shelter operation and construction costs. In September 2003, City Council directed staff to request proposals for animal services from other providers and bring back recommendations for their consideration. On April 19, 2004, City Council approved the authorization of the City Manager to finalize the contract. Below table demonstrates the annual compensation between the original 20-year contract and the proposed three-year contract, with the optional extension years. 294
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Sustainability Impact
No sustainability impacts.

Fiscal Impact
Services with CSJ for the first year of the contract between July 1, 2024, through June 30, 2025, will be $330,730. Thereafter, the annual contract amount shall increase by four percent (4%) each fiscal year, subject to the appropriation of funds and the execution of a Notice of Exercise of Option to Extend Term in the form of Exhibit C within Attachment A. Increased costs for Fiscal Year 2024-25 will be included for City Council consideration as part of the final budget hearing and adoption.

California Environmental Quality Act
The proposed agreement is exempt from the California Environmental Quality Act under CEQA Guidelines section 15301 (operation of an existing program). _____________________________________
Prepared by: Benjamin Fu, Director of Community Development Reviewed by: Matt Morley, Assistant City Manager
Christopher Jensen, City Attorney
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Draft Agreement for Animal Services Between the City of San Jose and the City of Cupertino
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AGREEMENT FOR ANIMAL SERVICES

BETWEEN THE CITY OF SAN JOSE

AND THE CITY OF CUPERTINO
This AGREEMENT is made and entered into this ____day of _______________, 20__, and is by and between the CITY OF SAN JOSE, a municipal corporation, (hereinafter “SAN JOSE”), and the CITY OF CUPERTINO, a municipal corporation (hereinafter “CUPERTINO”). SAN JOSE and CUPERTINO are sometimes referred to herein individually as “Party” and collectively as “Parties.”
THE PARTIES HEREBY AGREE AS FOLLOWS:

SECTION 1. SCOPE OF SERVICES.

SAN JOSE shall perform those services specified in detail in EXHIBIT A, entitled “SCOPE OF SERVICES,” which is attached hereto and incorporated herein.

SECTION 2. TERM OF AGREEMENT.

A. Initial Term.

The initial term of this AGREEMENT shall be from July 1, 2024 (“Commencement Date”) through June 30, 2027, inclusive, subject to the provisions of SECTION 8 of this AGREEMENT (“Initial Term”). Regardless of the date of execution of this AGREEMENT, this AGREEMENT is effective as of the Commencement Date.

B. Options to Extend.

The Parties may extend the term of the AGREEMENT in two (2) additional threeyear increments (“Option Terms”) through June 30, 2033, subject to the appropriation of funds and to any adjustments for compensation as set forth in EXHIBIT B. The Parties shall exercise any Option Terms by executing a Notice of Exercise of Option in the form set forth in EXHIBIT C no less than one hundred and eighty days (180) days prior to the expiration of the Initial Term or the 296
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expiration of an Option Term, whichever is applicable. All terms and conditions of this AGREEMENT shall remain in full force and effect during any and all Option Terms.

C. Appropriation of Funds.

The Parties’ funding of this AGREEMENT shall be on a fiscal year basis (July 1 to June 30) and is subject to annual appropriations by the City Councils of SAN JOSE and CUPERTINO. Accordingly, the Parties agree that the exercise of any option to extend by the Parties is contingent upon the appropriation of funds.

SECTION 3. COMPENSATION.

The rate and schedule of payment to be paid to SAN JOSE is set out in EXHIBIT B, entitled “COMPENSATION,” which is attached hereto and incorporated herein.

SECTION 4. INDEPENDENT CONTRACTOR RELATIONSHIP.

This AGREEMENT shall in no way be construed to constitute SAN JOSE as the partner, legal representative, or employee of CUPERTINO or CUPERTINO of SAN JOSE for any purpose whatsoever, or as the agent of CUPERTINO or SAN JOSE, and neither Party shall act or attempt to act or represent itself directly or by implication as having such status or relationship. The Parties shall have the relationship of independent contractors, and except as specifically provided in this AGREEMENT, each Party shall be solely responsible for all obligations and liabilities pertaining to the business, activities, and facilities of that Party. As an independent contractor, the Parties shall obtain no rights to retirement benefits or other benefits, which accrue, to the Parties’ respective employees, and the Parties hereby expressly waive any claim either of them may have to any such rights.

SECTION 5. ASSIGNABILITY.

SAN JOSE and CUPERTINO acknowledge and agree that the expertise and experience of SAN JOSE are material considerations inducing CUPERTINO to enter into this AGREEMENT. CUPERTINO acknowledges and accepts that a portion of the 297
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services provided under this AGREEMENT shall be provided by a handler of dead deer and livestock, wildlife services, and/or independent veterinary doctors. Neither Party shall assign or transfer any interest in this AGREEMENT, or the performance of any obligations hereunder, other than those services provided by the handler of dead deer and livestock, wildlife services, and/or independent veterinary doctors, without the prior written consent of the other, and any attempt by either of the Parties to assign this AGREEMENT or any rights, duties or obligations arising hereunder shall be void and of no effect.

SECTION 6. 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 as defined in Government Code Section 895.6, but instead SAN JOSE and CUPERTINO agree that pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Party, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of and only to the extent of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such Party under this AGREEMENT. No Party, nor any officer, board member, employee or agent thereof shall be responsible to the extent any damage or liability occurs by reason of the negligent acts or omissions or willful misconduct of other Parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other Parties under this AGREEMENT.

SECTION 7. NONDISCRIMINATION.

The Parties shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, 298
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disability, ethnicity, or national origin, in connection with or related to the performance of this AGREEMENT.

SECTION 8. TERMINATION
A. Termination
This AGREEMENT may be terminated earlier at any time:

1. Upon the written consent of both CUPERTINO and SAN JOSE.

2. By either CUPERTINO or SAN JOSE immediately upon notice to the other, if the other breaches any material obligation under this AGREEMENT and such breach remains unremedied for at least thirty (30) days following written notice thereof to the breaching Party.

3. Immediately upon written notice by CUPERTINO to SAN JOSE if SAN JOSE has a receiver appointed for all or substantial part of its business or assets, if a bankruptcy proceeding is brought by or against SAN JOSE as a debtor, or if SAN JOSE ceases its business operations; or

4. Upon at least one hundred eighty (180) days prior written notice by CUPERTINO to SAN JOSE or SAN JOSE to CUPERTINO of that Party’s desire to terminate this AGREEMENT. If CUPERTINO does not appropriate the full amounts due to SAN JOSE under this AGREEMENT for FY 2024-2025 or on or before June 30 of the year directly preceding the fiscal year for which Animal Services, as defined in EXHIBIT A, are provided by SAN JOSE; then that action shall, as of the same June 30, constitute the start of the 180-day notice of termination of this AGREEMENT by CUPERTINO pursuant to this SECTION.

B. Effects of Termination
Upon the effective date of any termination of this AGREEMENT, SAN JOSE’s obligation to provide Animal Services to CUPERTINO under this AGREEMENT shall cease, and CUPERTINO’ obligation to make payments hereunder for periods of time after the effective date of termination shall cease, provided that the Parties shall have any and all remedies available under law for any breach of 299
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this AGREEMENT. The Parties may also elect to negotiate a new agreement for the provision of Animal Services upon the effective date of termination.

C. Termination Costs
In the event CUPERTINO elects to terminate this AGREEMENT with SAN JOSE, CUPERTINO shall pay SAN JOSE the Contract Amount in EXHIBIT B at a prorated daily rate up to the date of termination.

SECTION 9. GOVERNING LAW.

The Parties agree that the law governing this AGREEMENT shall be that of the State of California.

SECTION 10. COMPLIANCE WITH LAWS.

The Parties shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments.

SECTION 11. CONFIDENTIAL INFORMATION.

All data, documents, discussions or other information developed or received by or for the Parties in performance of this AGREEMENT are confidential and not to be disclosed to any person except as authorized by the Parties, or as required by law.

SECTION 12. WAIVER.

No delay or failure of either Party to exercise or enforce at any time any right or provision of this AGREEMENT shall be considered a waiver thereof or of such Party’s right thereafter to exercise or enforce each and every right and provision of this AGREEMENT. The Parties agree that waiver of any breach or violation of any term or condition of this AGREEMENT shall not be deemed to be a waiver of 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. The acceptance by CUPERTINO of the performance of any work or services by SAN JOSE shall not be deemed to be a waiver of any term or condition of this AGREEMENT.
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SECTION 13. GIFTS.

A. The Parties are familiar with the prohibition against the acceptance of any gift by an officer or designated employee of SAN JOSE or CUPERTINO.

B. SAN JOSE agrees not to offer any CUPERTINO officer or designated employee any gift prohibited by CUPERTINO. CUPERTINO agrees not to offer any SAN JOSE officer or designated employee any gift prohibited by SAN JOSE.

C. The offer or giving of any gift prohibited by SAN JOSE or CUPERTINO shall constitute a material breach of the AGREEMENT. In addition to any other remedies the Parties may have in law or equity, the Parties may terminate this AGREEMENT for such breach as provided in SECTION 8 of this AGREEMENT.

SECTION 14. NOTICES.

Any notices or other communications required or permitted to be given under this AGREEMENT shall be in writing and shall be personally served or mailed, postage prepaid and return receipt requested, addressed to the respective Parties as follows:

To SAN JOSE: San José Animal Care and Services
2750 Monterey Rd
San José, CA 95111
To CUPERTINO: Pamela Wu
City Manager
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the mail.
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SECTION 15. VENUE
In the event that suit shall be brought by any Party to this AGREEMENT against another Party, the Parties agree that the venue shall be exclusively vested in the state courts of the State of California, County of Santa Clara, or if federal jurisdiction is appropriate, exclusively in the United States District Court, Northern District of California, San José, California.

SECTION 16. PRIOR AGREEMENTS AND AMENDMENTS.

This AGREEMENT, 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 AGREEMENT, the terms specified in the body of this AGREEMENT shall control. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This AGREEMENT may be modified only by a written amendment duly executed by the Parties to this AGREEMENT.

SECTION 17. INTERPRETATIONS.

In construing or interpreting this AGREEMENT, the word “including” shall not be limiting.

The Parties agree that this AGREEMENT shall be fairly interpreted in accordance with its terms without any strict construction in favor of or against either Party.

SECTION 18. INVALID PROVISIONS.

If any provision of this AGREEMENT shall be held illegal, invalid, or unenforceable, in full or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable, and the other provisions of this AGREEMENT shall not be affected thereby.
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SECTION 19. FURTHER DOCUMENTS.

The Parties agree, upon request, to sign and deliver such other documents as may be reasonably required to carry out the intent and provision of this AGREEMENT.

SECTION 20. COUNTERPART EXECUTION.

This AGREEMENT may be executed in any number of counterparts and by each Party in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute one and the same instrument.

SECTION 21. USE OF ELECTRONIC SIGNATURES.

Unless otherwise prohibited by law or SAN JOSE policy, 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 SAN JOSE. 303
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WITNESS THE EXECUTION HEREOF on the day and year first hereinabove written.

APPROVED AS TO FORM:
{{__signer1}}
_______________________________
xxxx
CITY OF CUPERTINO, a municipal
corporation
{{__signer2}}
By ______________________________
Pamela Wu, City Manager
APPROVED AS TO FORM:
{{__signer3}}
_________________________________

ARLENE SILVA
Senior Deputy City Attorney
CITY OF SAN JOSE, a municipal
corporation
{{__signer4}}
By ______________________________

SARAH ZARATE
Director, Office of the City Manager
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EXHIBIT A

SCOPE OF SERVICES
For the consideration set forth herein, SAN JOSE shall provide to CUPERTINO the Field Services, Shelter Services, and Dead Animal Services as described in this AGREEMENT. These three categories of service are sometimes collectively referred to herein as the “Animal Services,” and each category of services is sometimes hereinafter referred to as a “Program Unit.” Calls for animal-related services which are not provided by SAN JOSE shall be referred by SAN JOSE to the appropriate code enforcement agency of CUPERTINO, either in writing or by electronic mail. The Animal Services shall be provided by SAN JOSE in accordance with all applicable federal, state and local laws and ordinances.

SECTION 1. DEFINITIONS
A. “Aggressive Bite” means a bite which punctures the skin or tissue of a human or another animal.

B. “Critically Sick or Injured Animals” means those animals that have life-threatening conditions.

C. “Dangerous Animal” means any animal which, because of its size, disposition or other characteristics, would constitute a danger to humans or other domestic animals, and includes any dog classified as a Level 3, 4, or 5 dangerous or potentially dangerous dog as defined in the CUPERTINO Municipal Code Chapter 210, or, any dog that is the perpetrator of an unprovoked bite or attack on humans or other domestic animals as documented in an Incident Report by San José Animal Care and Services or the CUPERTINO Police Department.

D. “Emergency Calls” means complaints of animal bites or attacks on humans or domestic animals that are in progress, or, where a bite or attack has occurred, where the animal remains an immediate threat to humans.

E. “Holidays” are New Year’s Eve, New Year’s Day, Easter Sunday, Memorial Day, July 4, Labor Day, Thanksgiving, Christmas Day, and the day before and the day after Christmas Day.
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F. “Livestock” means large domesticated agricultural animals, such as a cow, bull, steer, horse, sheep, goat, pig or other large agricultural animals.

G. “Physical Injury” means an injury suffered as the result of an attack by a dog, including, but not limited to falls, sprains, broken bones, blunt trauma, contusions, hematomas, or other injuries.

H. “Serious Injury” means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

SECTION 2. FIELD SERVICES
A. Field Services
SAN JOSE shall provide vehicles, communications equipment, office supplies, field and administrative personnel, and any other personnel, supplies and equipment, reasonably required to perform the following services (the “Field Services”) upon a request or complaint from CUPERTINO or from a person within the boundaries of CUPERTINO:

1. Pick up of stray dogs, and other small domestic animals, including rabbits, chickens, turkey, geese, and ducks, and excluding wildlife as defined in Section

89.5 of the California Fish and Game Code, such as opossums, raccoons, skunks, or squirrels, that have been confined by CUPERTINO or by a person within the boundaries of CUPERTINO;

2. Pick up of dead animals, including wildlife, in accordance with SECTION 4;

3. Pick up of injured stray dogs or cats and other small domestic animals, without regard to weight, excluding birds, and injured wildlife that weigh fifty pounds (50 lbs.) or less, that are located on public property or readily accessible on private property with the consent of the property owner or the property owner’s authorized agent;

4. Response to Emergency Calls;

5. Investigate complaints of animal bites or attacks on humans or other domestic animals, including the preparation of a report, interviewing the parties involved, quarantining animals which have bitten humans, preparing and transporting 306
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biting animals for rabies testing, and investigating alleged violations of a quarantine order. An incident report is to be provided to the designated appropriate CUPERTINO Code Enforcement official within five (5) business days of the incident, including licensing information for the subject animal(s). a) SAN JOSE will meet and conduct a personal interview(s) with the owner in order to complete the investigation and quarantine the animal as necessary.

6. Investigate and refer complaints of Dangerous or Potentially Dangerous Dogs to the appropriate Code Enforcement official in CUPERTINO for resolution.

Investigations shall include preparation of a report and may include interviewing the parties involved, and collecting available historical data;

7. Investigate and refer complaints of Dangerous Animals to the appropriate Code Enforcement official in CUPERTINO for resolution. Investigations shall include taking a report and may include interviewing the parties involved, and collecting available historical data;

8. Respond to complaints of dogs running at large, attempt to capture them, and provide follow-up patrol if appropriate and subject to the availability of SAN JOSE staff;

9. Respond to complaints in progress of domestic animals causing a nuisance, except domestic animals making noise, and provide follow-up patrol if appropriate and subject to the availability of SAN JOSE staff;

10.Respond to police assist calls on animal-related issues which may include taking control of an animal on the scene; and

11.Investigate and refer to the appropriate Code Enforcement official in CUPERTINO for resolution of complaints regarding the lack of proper care, condition, or attention of domestic animals by their owners.

B. Response Time Performance Standards

1. SAN JOSE shall make all good faith efforts to respond to complaints and requests received by SAN JOSE at a performance standard level that is no less than the following:
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a) PRIORITY 1 – Response to Emergency, Police Assist, Dangerous Animal, and Critically Sick or Injured Animal calls for assistance.

1.) Response shall be twenty-four (24) hours per day, seven (7) days per week. Eighty-five percent (85%) of responses on all PRIORITY 1 calls shall occur within one (1) hour or less from the time the call for service is received by SAN JOSE staff to the time SAN JOSE personnel arrive on the scene.
b) PRIORITY 2 – Pick up animals that were running at large and that are now confined by CUPERTINO or by a person within the boundaries of CUPERTINO and calls regarding urgent, but not immediately life-threatening animal-related requests for assistance.

1.) Eighty percent (80%) of responses on all PRIORITY 2 calls received between 7:00 a.m. and 5:00 p.m. shall be within six (6) hours or less from the time the call for service is received by SAN JOSE staff to the time SAN JOSE personnel arrive on the scene.

2.) Response to calls received between the hours of 5:00 p.m. and 7:00 a.m. shall be responded to no later than 7:00 p.m. the following day. c) PRIORITY 3 – Response to calls relating to non-emergency attacks, noncritically injured or sick animals, quarantine calls, animals running at large, animals causing a nuisance and pick up of dead animals.

1.) Seventy-five percent (75%) of responses on all PRIORITY 3 calls received between 7:00 a.m. and 5:00 p.m. shall be within twelve (12) hours or less from the time the call for service is received by SAN JOSE staff to the time SAN JOSE personnel arrive on the scene.

2.) Response to calls received between the hours of 5:00 p.m. and 7:00 a.m. shall be responded to no later than 11:00 p.m. the following day.

3.) Response to these complaints will only be after PRIORITY 1 and 2 complaints are met for CUPERTINO. Responding to these complaints may include taking a report, contacting parties and witnesses by telephone, or dispatching personnel to the scene.
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C. Response After Business Hours
Between the hours of 5:00 p.m. and 7:00 a.m., SAN JOSE shall be required to respond to PRIORITY 1 calls only. The hours between 5:00 p.m. and 7:00 a.m. shall not be included in calculating the response time length for PRIORITY 2 and 3 calls when including these hours would result in a failure by SAN JOSE to meet the performance standards set forth above.

D. Operating Schedules

1. SAN JOSE shall be required to respond to all complaints and requests in accordance with SECTION 2.B. and SECTION 2.C., except SAN JOSE shall respond only to PRIORITY 1 calls on Sundays.

2. Except with respect to PRIORITY 1 calls, SAN JOSE shall have no obligation to respond on Holidays or outside of the regularly scheduled shift hours of SAN JOSE. SAN JOSE shall respond to PRIORITY 1 calls twenty-four (24) hours per day, every day, including all Holidays.

E. Excluded Services
While SAN JOSE may already perform some of the following services under other authority, the following services are not included in the services to be provided by SAN JOSE under this AGREEMENT:

1. Removal and disposal of dead marine animals;

2. Pick up and transportation of uninjured or healthy, living wildlife;

3. Pick up of alive or dead animals for surrender at an owner’s request. SAN JOSE may provide these services and charge a fee therefore as a part of its operations separate and apart from this AGREEMENT;

4. Issuance of citations for violations in accordance with CUPERTINO ordinances;

5. Investigation and resolution of activities that may be criminal in nature, such as neglect, cruelty, and animal fighting, including the preparation of documents for criminal prosecution by the District Attorney’s office and testifying in court;

6. Permitting or inspection of events with animals; and

7. Investigation of complaints that only relate to domestic animals making noise. 309
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SECTION 3. SHELTER SERVICES
A. Shelter Services
SAN JOSE shall provide or under contract provide shelter facilities, supplies, animal attendants, supervisors and administrative personnel, and any other personnel, supplies and equipment, reasonably required to perform the following services (“Shelter Services”):

1. Shelter of abandoned, impounded, lost, or stray domestic animals brought to the shelter by CUPERTINO, its residents, or SAN JOSE personnel;

2. Quarantine of biting animals;

3. Rabies testing of suspect animals;

4. Provision for reclaim of abandoned, lost or stray domestic animals during established business hours; and

5. Euthanization and disposal of abandoned, lost, impounded, or stray domestic animals that are unclaimed by their owners and fail to meet the written health and temperament standards of San José Animal Care and Services.

B. Medical Services
As part of the Shelter Services, SAN JOSE shall provide or under contract provide office facilities, supplies, and professional and trained personnel, employed or under contract, necessary to perform the following services (“Medical Services”):

1. Provision of veterinarian services twenty-four (24) hours per day to treat and provide veterinarian care to stray, injured, or sick dogs, cats, and other impounded animals;

2. Monitor quarantined animals;

3. For a fee conduct vaccination clinics and have available, free of charge to the public, rabies control information; and

4. For a fee at the same rate established for San José residents, provide access to the SAN JOSE low cost spay and neuter clinic, if such a clinic is made available to San José residents.
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C. Operating Schedules
SAN JOSE shall provide or under contract shall provide Shelter Services for the animals twenty-four (24) hours a day, seven (7) days a week. SAN JOSE shall provide or under contract provide emergency veterinary services in accordance with Section 597 of the California Penal Code.

SECTION 4. DEAD ANIMAL SERVICES
SAN JOSE shall provide or under contract provide vehicles, storage facilities, disposal mechanisms, field and administrative personnel, and any other personnel, supplies and equipment reasonably required to perform the following services (“Dead Animal Services”):

1. Pick up of dead animals, including wildlife and except livestock, from streets and public property within CUPERTINO, or from private property within CUPERTINO with the consent of the property owner, or the property owner’s authorized agent in accordance with SECTION 2.B.1.(c);

2. Identification of and notification to the owner of the dead animal, whenever possible; and

3. Disposal of the body of the dead animal.

SECTION 5. RECORDS REGARDING ANIMAL SERVICES
A. Monthly Report
SAN JOSE shall deliver to CUPERTINO during the term of this AGREEMENT, and within thirty (30) days of the end of each month, a monthly Animal Control and Impound Report summarizing monthly and year-to-date services provided by SAN JOSE for CUPERTINO. This report shall include, but not be limited to, the following information:

1. The total number of calls for service provided by SAN JOSE under this AGREEMENT, separated by type of service call established by SAN JOSE, so long as the numbers for the different types of PRIORITY service calls are each shown separately and as a subgroup;

2. Field Services Calls
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a) Complaints relating to animal bites or attacks, including property address. b) Complaints relating to Dangerous or Potentially Dangerous Dogs, including property address.

B. Additional Reporting
SAN JOSE shall deliver to CUPERTINO during the term of this AGREEMENT, and within thirty (30) days of the end of each quarter, a report summarizing monthly and quarterly response times provided by SAN JOSE for CUPERTINO. This report shall include, but not be limited to, the following information:

1. Monthly Response Times:
a) The average response time, the shortest and longest response times for calls in each of the following PRIORITIES. For PRIORITY 1, 2 and 3 calls, SAN JOSE shall report average response times, and shortest and longest response times by each type of call within that priority. b) Response times for PRIORITY 1 calls shall be in minutes, rounded off to the nearest minute. Response times for PRIORITY 2 calls shall be in hours and minutes, rounded off to the nearest minute. Response times for PRIORITY 3 calls shall be in hours, rounded off to the nearest hour. c) The percentage of calls grouped by PRIORITY 1, 2, and 3, that met the response time performance standards, along with the total number of responses in each priority category.

2. Other Reports, as determined by CUPERTINO.

SECTION 6. OTHER RESPONSIBILITIES
A. Delivery of Animals to SAN JOSE
Animals to be impounded by SAN JOSE that are taken into custody by CUPERTINO shall be promptly delivered to SAN JOSE’s shelter or held in a humane way at a designated holding area until such animals can be picked up by SAN JOSE; provided however, that any such animal may be reclaimed as appropriate from CUPERTINO by its owner.
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B. Responsibility for Administrative Hearings
SAN JOSE shall not be responsible for nor bear the costs of scheduling and conducting any required hearings regarding Dangerous or Potentially Dangerous Dogs. If needed or appropriate, SAN JOSE personnel shall appear at any such hearing at no additional cost to CUPERTINO.

C. Licensing
SAN JOSE shall maintain a license database and administer license processing, issuance, and renewals on behalf of CUPERTINO. Licensing information shall be included on all Incident Reports and, additionally, provided to CUPERTINO on an as requested basis. SAN JOSE shall collect all associated license fees on behalf of CUPERTINO, at the fee amounts set by CUPERTINO. Any license fees or late fees collected from dog and cat owners in CUPERTINO shall be remitted to CUPERTINO on a monthly basis.
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EXHIBIT B

COMPENSATION
A. Payment Amounts
For all Animal Services to be provided by and for the performance of all other obligations of SAN JOSE to CUPERTINO under this AGREEMENT, CUPERTINO agrees to pay SAN JOSE after the execution of this AGREEMENT the sum of Three Hundred Thirty Thousand Seven Hundred Thirty Dollars ($330,730) for the period of July 1, 2024, through June 30, 2025 per the payment schedule below. Thereafter, the annual Contract Amount shall increase by four percent (4%) each fiscal year, subject to the appropriation of funds and the execution of a Notice of Exercise of Option to Extend Term in the form of Exhibit C, as follows:

INITIAL TERM YEARLY COMPENSATION
July 1, 2024 through June 30, 2025 $330,730.00
July 1, 2025 through June 30, 2026 $343,959.20
July 1, 2026 through June 30, 2027 $357,717.57
1 ST OPTION TERM YEARLY COMPENSATION
July 1, 2027 through June 30, 2028 $372,026.27
July 1, 2028 through June 30, 2029 $386,907.32
July 1, 2029 through June 30, 2030 $402,383.61
2 ND OPTION TERM YEARLY COMPENSATION
July 1, 2030 through June 30, 2031 $418,478.96
July 1, 2031 through June 30, 2032 $435,218.12
July 1, 2032 through June 30, 2033 $452,626.84
B. Payment Schedule
CUPERTINO shall pay SAN JOSE the Contract Amount in twelve (12) monthly installments each fiscal year. All monthly installment payments by CUPERTINO shall 314
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be due and payable on the first day of the month and shall be delinquent on the tenth (10th) business day thereafter without demand or notice to CUPERTINO. SAN JOSE will provide CUPERTINO an invoice in advance at least fourteen (14) calendar days before the date that the payment is due.
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EXHIBIT C

NOTICE OF EXERCISE OF OPTION TO EXTEND AGREEMENT

AGREEMENT TITLE
and DATE:

AGREEMENT FOR ANIMAL SERVICES BETWEEN THE CITY

OF SAN JOSE AND THE CITY OF CUPERTINO
DATE: _______________

PARTIES
Name and Address:

CITY OF SAN JOSE (“SAN JOSE”)
San José Animal Care and Services
ATTN: ______________
2750 Monterey Rd
San José, CA 95111
CITY OF CUPERTINO (“CUPERTINO”)
10300 Torre Avenue
Cupertino, CA 95014
DATE OF OPTION:
(date the notice is sent must be consistent with the time for exercise set forth in Agreement)
Pursuant to Section 2 of the Agreement referenced above, the Parties hereby exercise the option to extend the term under the following provisions:

OPTION NO. ___ of 2

NEW OPTION TERM
Begin date:

End date:

MAXIMUM COMPENSATION for New Option Term:

TOTAL MAXIMUM COMPENSATION:

For the option term exercised by this Notice, CUPERTINO shall pay SAN JOSE an amount not to exceed the amount set forth above for SAN JOSE’s services and reimbursable expenses, if any. The undersigned signing on behalf of CUPERTINO hereby certifies that an unexpended appropriation is available for the term exercised by this Notice, and that funds are available as of the date of this signature. 316
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CITY OF SAN JOSE,
a municipal corporation
By_______________________________
Name:

Title:

CITY OF CUPERTINO,
a municipal corporation
By_______________________________
Name:

Title:
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CITY OF CUPERTINO
Agenda Item
24-13053 Agenda Date: 6/4/2024
Agenda #: 10.

Subject: Memorandum of Understanding (MOU) between the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (TAC) member jurisdictions establishing ongoing management and operation of the edible food recovery program to comply with the requirements of Senate Bill (SB) 1383 (California's Short-Lived Climate Pollutant Reduction Strategy).

Authorize the City Manager to sign a MOU between the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (TAC) member jurisdictions establishing ongoing management and operation of the edible food recovery program to comply with the requirements of SB 1383 (California's Short-Lived Climate Pollutant Reduction Strategy).

CITY OF CUPERTINO Page 1 of 1 Printed on 5/29/2024
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CITY COUNCIL STAFF REPORT
Meeting: June 4, 2024
Subject
Memorandum of Understanding (MOU) between the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (TAC) member jurisdictions establishing ongoing management and operation of the edible food recovery program to comply with the requirements of Senate Bill (SB) 1383 (California’s Short-Lived Climate Pollutant Reduction Strategy).

Recommended Action
Authorize the City Manager to sign a MOU between the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (TAC) member jurisdictions establishing ongoing management and operation of the edible food recovery program to comply with the requirements of SB 1383 (California’s Short-Lived Climate Pollutant Reduction Strategy).

Reasons for Recommendation
In 2016, California SB 1383 was chaptered, setting goals to reduce disposal of organic waste in landfills to reduce greenhouse gas emissions and address food insecurity.

California sends 11.2 billion pounds of food to landfills annually, some of which is still fresh enough to have been recovered to feed people in need, while 9.2 million Californians experienced food insecurity in 2020. To avoid the disposal of edible food, in November 2020 the Department of Resources Recycling and Recovery (CalRecycle) developed regulations requiring jurisdictions to establish edible food recovery programs to recover (from large food generators that trigger a certain threshold) the maximum amount of edible food that would otherwise be sent to landfills to feed people in need.

The State goal is to reduce edible food going to landfill by 20%.

To take advantage of economies of scale and due to the cross-jurisdictional nature of food recovery operations, the Santa Clara County Recycling and Waste Reduction Commission Technical Advisory Committee (TAC) entered into an agreement with Joint Venture Silicon Valley (JVSV) to develop and manage the Santa Clara County Food Recovery Program.
1 That countywide program conducts the necessary outreach to the

1 reducewaste.santaclaracounty.gov/food-recovery
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food generators, provides assistance, connects businesses with food recovery organizations, and gathers the required data for reporting back to CalRecycle. The program is very successful and has been showcased by CalRecycle as an example of how other regions in California might want to organize. In October 2021, the City adopted Ordinance 21-2231 which established municipal code section 6.24.038 entitled Mandatory Edible Food Recovery. Other jurisdictions in Santa Clara County adopted similar ordinances.

In 2023 the “Memorandum of Understanding Among Local Public Agencies in Santa Clara County for Food Recovery Program Costs” was developed to fund the cost of a countywide edible food recovery program to satisfy SB 1383 requirements for a period of one year. The County of Santa Clara, as well as each city and town within the County, were responsible for paying a share of the program under the MOU. Cupertino, along with many other jurisdictions, used CalRecycle grant funding specifically for SB 1383 compliance to fund this single-year MOU, which was effective from July 1, 2023, to June 30, 2024. The cost to participate in the program was calculated at $133 per generator applied to the number of generators within the jurisdiction. Cupertino had 90 generators, so the City’s base program contract cost was $11,970. The base program services performed by JVSV included the following deliverables:
 Review and update the list of generators
 Provide requirements for large events within each jurisdiction  Provide information and data for inclusion in reports to CalRecycle  Provide education and outreach to generators
 Coordinate with food recovery organizations to compile reports  Conduct inspections and monitor generators and food recovery organizations  Maintain a list of food recovery organizations and services  Prepare an annual report on program activities
The City also contributed $2,841 toward Program enhancements. The optional contribution services included:
 Small capacity grants administered by JVSV to increase the recovery capacity of food recovery organizations that serve contributing jurisdictions.  Food waste prevention classes via webinar/in‐person series for different sectors regulated under SB 1383 (e.g., restaurants, hospitals, schools, large events) to promote food waste prevention measures specific to each regulated sector, provide food recovery tips and best practices.

The TAC has drafted a long-term MOU, anticipated to be effective July 1st, 2024 (Attachment A). The document and its terms shall remain in effect until the TAC terminates the agreement. The long-term MOU extends the commitment of participating jurisdictions to fund the mandated base program based on the number of generators in each jurisdiction and includes sharing the cost of staff time at the County of Santa Clara as the TAC Fiscal Agent. 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 County 320
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of Santa Clara Recycling and Waste Reduction Commission during its annual budget approval process. The City has the option to withdraw from the MOU after providing no less than 11 months’ written notice with an effective date of July 1 of each successive year.

Signatures on the final MOU document will be obtained electronically to enable each participating jurisdiction to execute the same document.

Sustainability Impact
Cupertino’s Climate Action Plan Measure W 1.1 aligns precisely with this MOU, calling for the City to partner with local community organizations and businesses to implement all required activities under SB 1383. Organic materials, including food, generate methane when disposed of in a landfill.

Fiscal Impact
The City will again be receiving allotted non-competitive grant funding from CalRecycle for SB 1383 compliance activities and will use these funds for the next two fiscal years to fund the Santa Clara County Food Recovery Program. Per the MOU, the TAC Administrator will prepare a two-year budget. For FY 2024-2025, Cupertino’s contribution will be $20,383, and for FY 2025-2026 it will be $24,438. For fiscal years 2026-2027 and beyond, unless additional grant funding is made available by CalRecycle, funding will come from the Resource Recovery Fund (Fund 520).

California Environmental Quality Act (CEQA)
Not applicable.
_____________________________________
Prepared by: Ursula Syrova, Environmental Programs and Sustainability Manager Reviewed by: Chad Mosley, Director of Public Works
Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A - Draft MOU for Countywide Edible Food Recovery
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1 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.

Attachment A
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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
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3 5.1 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.

5.2 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 fundsfrom 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 324
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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 asspecified in the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee MOA.

9.2 The initial Program budget will be based on the Fiscal Year 2024 allocation including costs for the Fiscal Agent, totaling THREE HUNDRED AND TEN THOUSAND DOLLARS ($310,000). No costs for TAC Administrator or Contracting Agent are included in the initial Program budget. Should cost recovery for the TAC Administrator or Contracting Agent be required in the future, these will be proposed during the annual work plan and budget process.

9.3 The Parties acknowledge that the Program Manager will evaluate the costs per Jurisdiction annually based on the number of generators operating within each Jurisdiction. Based on this evaluation, a cost adjustment will be projected to the second year of the biennial budget (see Section 8 above). The overall Program budget will not increase by more than TEN PERCENT (10%) of the prior year’s Program budget without prior approval by the RWRC.

9.4 The Fiscal Agent will annually submit to the Parties an invoice for the amounts due under this MOU by May 15th of each year. Each Party will make their payment to the Fiscal Agent based on the invoice amount within ninety (90) calendar days of receipt.

9.5 The Fiscal Agent will ensure that the Santa Clara County Food Recovery Program Fund account is segregated from the Solid Waste Program Fee Fund account managed pursuant to the TAC MOA.

9.6 Should any unspent funds remain in the Santa Clara County Food Recovery Program Fund account at the end of the fiscal year, disposition of those funds will be decided by the RWRC through the annual work plan and budget process, which could include: retaining surplus funds as a reserve, crediting Jurisdictions toward future payment allocations, dedicating funding to food recovery infrastructure, and providing supplemental food recovery outreach and education or other food recovery program activities.

9.7 Jurisdictions wishing to contribute additional funds for the edible food recovery enhancement program, implemented by the Program Manager, may elect to do so during the annual work plan and budget process. Any Jurisdiction opting into any voluntary enhancement program shall do so at its own discretion and at its own cost. The Fiscal Agent will include the additional enhancement program funding formally selected by the Jurisdiction in the annual invoice submitted to each Party by May 15th of each year.

9.8 In the event of a CalRecycle Implementation Schedule for a food recovery capacity shortfall identified during a Santa Clara County Edible Food Recovery Capacity Assessment, the Program budget may increase by more than TEN PERCENT (10%) of the prior year’s Program budget if needed to fund necessary capacity improvements as outlined in the CalRecycle Implementation Schedule, following prior approval of the budget increase by the RWRC.

SECTION 10. BOOKS AND ACCOUNTS
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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 326
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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 327
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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:
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8 City of Los Altos – City Manager Approval as to form, Los Altos City Attorney
Date: Date:

Town of Los Altos Hills – Assistant to the
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:
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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 General
Counsel
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:
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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 Approval as to form, San José City
Attorney
Date: Date:
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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, expendituresfor 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 questionsreceived 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, Jurisdictionsshall 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 332
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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. 333
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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 reportsto 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 noncompliance.

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 ImplementationRecords, 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 334
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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 ImplementationRecord. 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. 335
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Exhibit B - RWRC TAC MOA 2013
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Approved: 12/12/2023
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First Amendment to MOA revised 7-18-23 Page 2 of 8
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
herein as Exhibit “1” shall remain in full force and effect except that the following amendment shall be made as set forth below. “Section III, Paragraph C. Attendance From A Remote Location” shall be amended and replaced in its entirety by the following:
“C. Satellite and Auxiliary Teleconferencing Attendance in Meetings.

1. Definitions:

Satellite Locations: Satellite Locations are defined in paragraph 2 below and include designated locations that will be determined in advance by the TAC in consultation with the Administrator.

Auxiliary Locations: Auxiliary Locations are defined in paragraph 3 below and do not include previously designated Satellite Locations and must be approved in advance by the Administrator.

2. Satellite Locations. Meetings of the TAC may be held via video teleconference from multiple Satellite Locations located within Santa Clara County. Each designated Satellite Location will be open to the public, and public comment may be made from all Satellite Locations. The TAC shall comply with all Brown Act teleconferencing requirements, including but not limited to, requiring a quorum of the TAC to participate from Satellite Locations within the TAC’s jurisdiction, posting the agendas at all Satellite Locations, and posting the members’ Satellite Location on the notice and agenda. Satellite Locations, including number and location, shall be determined by the TAC in consultation with the Administrator.
3 Auxiliary Teleconference Location. In the event of an unavoidable schedule conflict, a member may participate in a meeting from an Auxiliary Teleconference Location not previously designated as a Satellite Location via teleconferencing technology, provided that an Auxiliary Teleconference Location meeting room or rooms comply with all Brown Act teleconferencing requirements, including, but not limited to, the ability to connect the Auxiliary Teleconference Location to the other locations where TAC members are meeting and the ability for the public to address the TAC directly. The Auxiliary Teleconference Location will be open to the public, and public comment may be made from the separate Auxiliary Teleconference Locations. The agenda shall be posted at each Auxiliary Teleconference Location, and the agenda will include the member’s separate Auxiliary Teleconference Location on the notice and agenda. The member shall comply with all Brown Act teleconferencing requirements.

In such event, the member will notify the Administrator at least seven (7) days in advance of the meeting and request to attend from an Auxiliary Teleconference Location. The Administrator will advise the member if attendance from the Auxiliary Teleconference Location is permissible. If attendance from the Auxiliary Teleconference Location is permissible, the Administrator will comply with all Brown Act teleconferencing requirements, including but not limited to, requiring a quorum of the TAC to participate from teleconferencing locations within the TAC’s jurisdiction.

The member shall be responsible for posting of the agenda and public access at the Auxiliary Teleconference Location.

DocuSign Envelope ID: 50EB0D93-AE32-4CFA-89CD-94F28F168CDB 380
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First Amendment to MOA revised 7-18-23 Page 3 of 8
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
A member who attends a meeting from a separate Auxiliary Teleconference Location outside the jurisdiction of Santa Clara County will not be included in the count to determine a quorum; however, the member's vote will be counted. A member who attends a meeting from a separate Auxiliary Teleconference Location within the jurisdiction of Santa Clara County shall be included in the count to determine the quorum.

Attendance from an Auxiliary Teleconference Location is to be used only in rare cases of unavoidable schedule conflicts. In person and Satellite Location attendance at meetings is strongly preferred and encouraged.

2. Except as amended by this FIRST AMENDMENT, all other applicable terms and conditions of the original Agreement and attachments shall remain in full force and effect. The terms of this First Amendment shall control if any conflict exists.

3. The unenforceability, invalidity or illegality of any provision(s) of this FIRST AMENDMENT shall not render the other provisions unenforceable, invalid or illegal.

4. The PARTIES may execute this FIRST AMENDMENT in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. The parties agree that an electronic copy of a signed agreement, or an electronically signed agreement, has the same force and legal effect as an agreement executed with an original ink signature. The term “electronic copy of a signed agreement” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed agreement in a portable document format. The term “electronically signed agreement” means an agreement that is executed by applying a verified electronic signature using technology approved by the County.

5. The signatories to this FIRST AMENDMENT warrant and represent that each is authorized to execute this FIRST AMENDMENT and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this FIRST AMENDMENT.

6. This FIRST AMENDMENT is authorized by Article XII, Section G, of the AGREEMENT, which provides that the AGREEMENT may be amended by unanimous written agreement of the PARTIES.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 50EB0D93-AE32-4CFA-89CD-94F28F168CDB 381
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First Amendment to MOA revised 7-18-23 Page 5 of 8
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
CITY OF GILROY, a municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Jimmy Forbis Name: Andy Faber
City Administrator City Attorney
CITY OF LOS ALTOS, a municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Gabriel Engeland Name: Jolie Houston
City Manager City Attorney
TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Peter Pirnejad Name: Steve Mattas
Town Manager Town Attorney
TOWN OF LOS GATOS, a municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Laurel Prevetti Name: Gabrielle Whelan
Town Manager Town Attorney
Date:___________
By:___________________________________
Name: Wendy Wood, Town Clerk
CITY OF MILPITAS, a municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ DocuSign Envelope ID: ECAE7356-667A-44FA-B0C6-F77EB06ADDB6 12/1/2023
11/21/2023
11/21/2023
11/27/2023
11/21/2023
11/27/2023
11/21/2023 11/22/2023
11/21/2023 11/21/2023
11/21/2023
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First Amendment to MOA revised 7-18-23 Page 6 of 8
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
Name: Ned Thomas Name: Michael Mutalipassi
Acting City Manager City Attorney
CITY OF MONTE SERENO, a municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Steve Leonardis Name: Kristen Powell
City Manager City Attorney
CITY OF MORGAN HILL, a municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Christina Turner Name: Donald Larkin
City Manager City Attorney
CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Kimbra McCarthy Name: Diana Fazely
City Manager Assistant City Attorney
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Dawn Cameron Name: Derek Rampone
Public Works Director Finance Director & Administrative Services Director
CITY OF PALO ALTO, a municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Ed Shikada Name: Caio Arellano
City Manager City Attorney
DocuSign Envelope ID: ECAE7356-667A-44FA-B0C6-F77EB06ADDB6 11/26/2023
11/21/2023 11/26/2023
11/21/2023
11/22/2023
11/22/2023
11/23/2023
11/27/2023
12/1/2023
11/23/2023
DocuSign Envelope ID: D7C031C0-3ED8-49EE-9C9A-027B2D999B6E 384
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First Amendment to MOA revised 7-18-23 Page 7 of 8
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
CITY OF SAN JOSE, a municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Sarah Zarate Name: Rosalia Burgueno-Tapia
Director of City Manager’s Office of Senior Deputy City Attorney Administration, Policy and
Intergovernmental Relations
CITY OF SANTA CLARA, a chartered municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Jovan D. Grogan Name: Glen R. Googins
City Manager City Attorney

CITY OF SARATOGA, a municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: James Lindsay Name: Richard Taylor
City Manager City Attorney
CITY OF SUNNYVALE, a municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Kent Steffens Name: Rebecca Moon
City Manager Senior Assistant City Attorney
DocuSign Envelope ID: ECAE7356-667A-44FA-B0C6-F77EB06ADDB6 11/27/2023
12/6/2023
11/27/2023
11/21/2023
11/21/2023
11/21/2023
Date: 12/11/2023 PST
Email: [email protected]
12/11/2023
Date: 12/11/2023 PST
Email: [email protected]
12/11/2023
DocuSign Envelope ID: D7C031C0-3ED8-49EE-9C9A-027B2D999B6E 385
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First Amendment to MOA revised 7-18-23 Page 8 of 8
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
SANTA CLARA VALLEY WATER DISTRICT, a State of California Special District Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Rick Callender, Esq. Name: Brian Hopper
Chief Executive Officer Senior Assistant District Counsel DocuSign Envelope ID: A7CA9436-AB2C-4D1D-A9F0-BB3794822F53 12/8/2023 12/5/2023
DocuSign Envelope ID: D7C031C0-3ED8-49EE-9C9A-027B2D999B6E 386
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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 - Food Recovery MOU from FY 2023-2024
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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.
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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 389
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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 Falu
70 r
...

oo
1464...

Approvaas lto form, Gilroy
Date; 5/4/2023 5/1/2023
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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 SRPt ipitts - City Manager /actiN“G
Date: 5/10/2023
DocuSigned by:
( Claritin Tuer
City OPM OrSaHVill - City Manager
Date: 5/5/2023
DocuSigned by:

Kinbra McCarthy
City of MIOUABVIieNw - City Manager
Date: 5/5/2023
DocuSignedbbyy: :
( 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
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DocuSign Envelope ID: F14D4D16-76CD-4EFE-B52C-B1A3240516C7 DocuSigned by:
{ Lend Stufuns
City oF SuBhValye - 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
Approvala8 to'forin, West Valley Solid
Waste Management Authority
Date: 5/8/2023
DacuSigned by:

[ fae ee
Approvasa tlo form, City of Palo Alto
Date: 5/11/2023
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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.

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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.
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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
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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
[email protected]
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
[email protected]
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
[email protected]
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
[email protected]
City Manager
City of Morgan Hill
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Holder: City Clerk's Office
[email protected]
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
[email protected]
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
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Signer Events
Accepted: 5/5/2023 5:52:03 AM
ID: deOd7e7d-5dcf-4 1b1-a264-c221890ae38b
Christopher D. Jenson
[email protected]
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
[email protected]
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
[email protected]
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
[email protected]
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
[email protected]
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
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Signer Events
Ed Shikada
[email protected]
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
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/1/2023 8:37:12 PM
ID: 230984e0-2f4e-4f90-b622-22a859fa813d
Jimmy Forbis
[email protected]
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
[email protected]
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
[email protected]
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
[email protected]
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:
aSEADsSEDEDSCe343A.. ,
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
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Signer Events
Accepted: 5/2/2023 8:36:02 PM
ID: 40f98182-e26c-4 1ee-b04a-2bf2d2e405ed
Kimbra McCarthy
[email protected]
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
[email protected]
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
[email protected]
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
[email protected]
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
[email protected]
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
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Signer Events
Pamela Wu
[email protected]
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
[email protected]
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
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/1/2023 11:12:13 AM
ID: 397f2456-e21a-4906-98b9-783350938b41
Rob Hilton
[email protected]
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
[email protected]
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. [email protected]
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
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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
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Casey Leedom
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Chuck Muir
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Clif Chew
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Cynthia lwanaga
[email protected]
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
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Hailey Gordon
[email protected]
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
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C
arbon Copy Events
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Hemali Mikhael
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
lvan Carmona-Torres
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Jennifer Cutter
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Kim Mancera
[email protected]
Municipal Services Assistant
City of Morgan Hill
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Laura Lo
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Michele Young
[email protected]
Security Level: Email, Account Authentication
(None), Login with SSO
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Myvan Khuu-Seeman
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Paula Borges
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Status
COPIED
COPIED

COPIED

COPIED

C
OPIED
COPIED

COPIED

COPIED T
imestamp
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
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Carbon Copy Events
Sarina Revillar
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Shikha Gupta
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Tania Katbi
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Tanya Carothers
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Ursula Syrova
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
WVSWMA
[email protected]
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
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Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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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. 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.

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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: [email protected] 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 [email protected] 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 [email protected] 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:
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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 [email protected] 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-guidesigning-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:
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CITY OF CUPERTINO
Agenda Item
24-13055 Agenda Date: 6/4/2024
Agenda #: 11.

Subject: Memorandums of Agreement on behalf of the City of Cupertino, as a coalition partner with other partner agencies, for the purpose of securing grant funds from the United States Environmental Protection Agency’s (EPA) Climate Pollution Reduction Grants program for funding electrification of municipal facilities and implementing a regional reusable takeout foodware program.

Adopt Resolution 24-050 authorizing the City Manager to:
1) Negotiate and sign Memorandums of Agreement and any amendments on behalf of the City of Cupertino, as a coalition partner with other partner agencies, for the purpose of securing grant funds from the EPA Climate Pollution Reduction Grants program for funding electrification of municipal facilities and implementing a regional reusable takeout foodware program; and
2) Negotiate and execute any documents necessary to accept and effectuate the grants.

CITY OF CUPERTINO Page 1 of 1 Printed on 5/29/2024
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CITY COUNCIL STAFF REPORT
Meeting: June 4, 2024
Subject
Memorandums of Agreement on behalf of the City of Cupertino, as a coalition partner with other partner agencies, for the purpose of securing grant funds from the United States Environmental Protection Agency’s (EPA) Climate Pollution Reduction Grants program for funding electrification of municipal facilities and implementing a regional reusable takeout foodware program.

Recommended Action
Adopt resolution 24-XXXX authorizing the City Manager to:
1) Negotiate and sign Memorandums of Agreement and any amendments on behalf of the City of Cupertino, as a coalition partner with other partner agencies, for the purpose of securing grant funds from the EPA Climate Pollution Reduction Grants program for funding electrification of municipal facilities and implementing a regional reusable takeout foodware program; and 2) Negotiate and execute any documents necessary to accept and effectuate the grants.

Reasons for Recommendation
The County of Santa Clara submitted a Priority Climate Action Plan which enables eligible lead organizations and coalitions of partners to apply for implementation grants.

The City of Cupertino joined two coalitions of jurisdictions that submitted grant applications under the EPA’s Climate Pollution Reductions grant program by the April 1, 2024, deadline:
1) Public Facility Resiliency Implementation Project. San Jose is the lead agency with Silicon Valley Clean Energy as fiscal agent, and the coalition also includes Cupertino, San Jose, Mountain View, Morgan Hill, and Sunnyvale. The project includes electrification of 61 facilities. Cupertino is proposing to upgrade and electrify Quinlan Community Center water heating, space heating, and space cooling equipment to reduce greenhouse gases and increase resiliency during extreme heat and dangerous air quality events because of climate change. The estimated labor and equipment cost is approximately $1.9 million over five years, which includes $1.6 million for equipment replacement as identified in the 2022 Facility Condition Assessment report for Quinlan.
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2) Community-Scale Reusable Foodware System Design and Implementation Project. Sunnyvale is the lead agency and fiscal agent, and the coalition also includes Cupertino, San Jose, Mountain View, and San Benito County. The coalition intends to hire a third party to design, outfit, and lead implementation of a regional reusable foodware system. Cupertino Environmental Programs and Sustainability staff will support implementation as part of regular work duties associated with efforts to reduce single-use plastics and foodware reductions.

For coalition partner applications, the coalition lead agency must provide memorandums of agreement (MOAs) by July 1, 2024, detailing roles, and responsibilities. This requirement is in advance of any notice of award of funds. The MOAs will provide documentation that the coalition partner organizations have consulted with each other and are committed to fulfilling their respective roles and responsibilities to successfully implement the GHG reduction measures described in the application.

Draft language for the MOAs is under development. Final versions will be substantially similar to the drafts included as Attachment A and Attachment B.

The following elements need to be included in the MOAs:
 An identification of each partner agency committing to participate in the coalition.
 A description of the purpose of the MOA.
 A clear description of the agreed upon roles, responsibilities, and commitments each partner will provide to ensure project success.
 The roles and responsibilities will align with overall project goals, objectives, and target outputs.
 A description of the proposed operating model for the coalition.  A description of how the collaboration and partnerships associated with the coalition will benefit the project.
 A description of the resources each partner will contribute to the project. Such resources may include project management, staff time, technical analyses, inkind contributions, training or facilitation, or other related services.  A statement that the lead applicant accepts full responsibility for the performance of the coalition and will be accountable to the EPA for effectively carrying out the full scope of work and the proper financial management of the grant.

The grant term for this funding is expected to begin in October 2024 and the period of performance will be up to five years thereafter. Should the coalition be successful in the grant application process and prior to acceptance of the award, the City would need to execute MOAs with coalition partners by July 1, 2024, for the administration of the grant projects.
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Sustainability Impact
The proposed grant activities support the City’s Climate Action Plan building electrification goals, reducing greenhouse gas emissions through eliminating the use of natural gas. Additionally, combustion of natural gas has negative air quality impacts, so enhanced public health and safety is a co-benefit. Reducing the use of single-use foodware for takeout food service through a regional reusable foodware program will reduce overall waste disposed, supporting the actions outlined in Measure W-2 of the Climate Action Plan.

Fiscal Impact
The EPA Climate Pollution Reduction Grants do not require any matching funds so there is no fiscal impact. Should grant funds be awarded they will be included in quarterly grant updates provided to City Council as part of the Quarterly Financial Reports.

California Environmental Quality Act (CEQA)
Not applicable.
_____________________________________
Prepared by: Ursula Syrova, Environmental Programs and Sustainability Manager Reviewed by: Chad Mosley, Director of Public Works
Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A - Draft MOA - Public Facility Resiliency Implementation B – Draft MOA - Community-Scale Reusable Foodware System C – Draft Resolution
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1 MEMORANDUM OF AGREEMENT AMONG COALITION PARTNERS FOR

PUBLIC FACILITY RESILIENCY IMPLEMENTATION PROJECT

ADMINISTRATION AND IMPLEMENTATION
This Memorandum of Agreement (“MOA”) is entered into by and between Silicon Valley Clean Energy, a joint powers authority registered in the state of California, City of Cupertino, a municipal corporation of the state of California; City of Morgan Hill, a municipal corporation of the state of California; City of Mountain View, a municipal corporation of the state of California; City of San Jose, a municipal corporation of the state of California; City of Sunnyvale, a municipal corporation of the state of California; Prospect Silicon Valley, a nonprofit corporation registered in the state of California; and SPUR – San Francisco Bay Area Planning & Urban Research Association, a nonprofit corporation registered in the state of California; collectively “Parties” or individually as a "Party."

RECITALS
A. The impacts of climate change have contributed to a warming climate and power outages, which call for improvements at public facilities to make them more resilient and energyindependent; B. The Parties have worked collaboratively to identify and plan for the installation of improvements in public buildings in the jurisdictions of Cupertino, Morgan Hill, Mountain View, San Jose, and Sunnyvale to enhance resiliency and reduce greenhouse gas (GHG) emissions; C. The 2022 Inflation Reduction Act (IRA) established the Climate Pollution Reduction Grants (CPRG) program which provides funds for implementation grants administered by the United States Environmental Protection Agency (EPA);
D. The Parties jointly prepared a CPRG application for submission to the EPA entitled the Public Facility Resiliency Implementation Project (PFRIP) to obtain implementation grant funding to design, construct, and evaluate the identified public building improvements; E. Silicon Valley Clean Energy (SVCE) submitted said grant application to the United States EPA on April 1, 2024;
F. The Parties desire to execute this MOA to govern the use of grant funds to implement the PFRIP and to set out the obligations of the Parties for the life of the grant term; and G. This MOA establishes policies, responsibilities, and obligations for the Parties.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

SECTION 1. PURPOSE OF THE MOA
The purpose of this MOA is to establish:
• The obligations and responsibilities of each Party for the management and operation of the PFRIP.
• Agreed upon roles, responsibilities, and commitments made by each Party to ensure PFRIP success aligned with overall PFRIP goals, objectives, and target outputs. • An operating model for the Parties.

Attachment A - MOA DRAFT
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2 • How the collaboration and partnerships associated with the Parties will benefit the PFRIP (as described in Exhibit A).
• The resources each Party will contribute to the PRFIP.

SECTION 2. EFFECTIVE DATE AND TERM
This MOA shall be effective on June 30, 2024 and shall remain effective until all obligations associated with any awarded grant have been fulfilled, subject to the termination provisions below.

Without limiting the foregoing, the anticipated performance period for the grant is to begin October 1, 2024 and end December 31, 2029. This MOA may only terminate early in the event that grant funds are not awarded, in the event that grant funds are rescinded and all of the Parties’ obligations associated with the rescinded grant funds have been fulfilled, or in the event that the grant is funded in an amount less than the requested $49,999,997. In the event that the grant is funded in an amount less than the requested $49,999,997, the Parties shall immediately meet and confer regarding the feasibility of the Project. If the Parties do not agree to accept the funds and execute the Project due to a reduced award, SVCE shall not execute the grant agreement associated with the award and this MOA will terminate upon the expiration of the period during which the grant agreement must be signed to accept awarded funds.

SECTION 3. RESPONSIBILITIES OF THE PARTIES
For purposes of the Implementation Grant, SVCE, as the lead applicant, will be accountable to the EPA, and accepts full responsibility for effectively overseeing the full scope of work and the proper financial management of the Implementation Grant. All Parties commit to participate in the coalition as described in the project workplan, attached as Exhibit A of this MOA, and to expend project funds as described in the project budget, attached as Exhibit B of this MOA. All Parties other than SVCE are grant subrecipients and shall be accountable to and support SVCE, lead applicant, for proper use of EPA funding and successful project implementation. Each of the Parties agrees to participate in the coalition for the life of the PFRIP and may not withdraw or otherwise relieve themselves of any responsibilities created through this MOA.

SECTION 4. COSTS
The Parties anticipate that the awarded implementation grant funds shall be sufficient to complete the project successfully and agree to take all reasonable and necessary steps to complete the project within the budget established for the grant. However, in the event that grant funds are not adequate to complete project deliverables, the Parties will immediately meet and confer to discuss how to address budget shortfalls. The Parties agree that any resolution to such budget shortfalls shall not be contrary to, nor cause a breach or violation of the obligations and responsibilities contained in the grant agreement executed between the EPA and SVCE, nor be contrary to any EPA requirements associated with the grant.

SECTION 5. RECORDS AND ACCOUNTS AND THEIR RETENTION
SVCE, as well as all other Parties, will keep complete and accurate financial, payroll, and procurement 413
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3 records related to the PFRIP. Upon reasonable notice to SVCE, any Party to this MOA may inspect the financial records related to the PFRIP. Financial records, supporting documents, statistical records, and all other records pertinent to the PFRIP must be retained by all parties for a period of three years from the date of submission of the final expenditure report.

SECTION 6. 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 MOA.

SECTION 7. REPRESENTATIONS AND WARRANTIES
Each Party represents and warrants to all other Parties as follows:

7.1 Authority: Each Party has the full legal right, power, and authority under the laws of the State of California to enter into this MOA and to carry out all of its obligations herein.

7.2 Due Execution: Each Party’s representatives who sign this MOA are duly authorized to sign and bind their respective agency.
127.3 Valid, Binding, and Enforceable Obligations: This MOA 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 8. REMEDIES NOT EXCLUSIVE
Any failure by any Party to perform the responsibilities outlined herein shall be deemed a breach of this MOA. In the event of any dispute regarding the proper interpretation of this MOA, the Parties shall first immediately meet and confer to attempt to resolve the dispute. If the dispute remains unresolved, the Parties may agree to mediation or other non-binding resolution processes and, if the Parties do not so agree, the dispute shall be decided by binding arbitration.

SECTION 9. 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, penalty, or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of breach of this MOA or 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 MOA. No Party, nor any officer, board member, or agent thereof shall be responsible for any damage or liability 414
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4 occurring by reason of the negligent acts or omissions or willful misconduct or intentional acts 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 MOA, including contracts entered into by the Contracting Agent. The obligations set forth in this paragraph will survive the termination and expiration of this MOA.

SECTION 10. SEVERABILITY
The provisions of this MOA 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 MOA will be valid and binding on the Parties.

SECTION 11. AMENDMENTS
This MOA may only be amended by a written agreement signed by all of the Parties.

SECTION 12. COUNTERPARTS
This MOA 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 13. 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 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 SVCE. 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 SVCE via electronic mail.

SECTION 14. INTERPRETATION, PRIOR AGREEMENTS AND AMENDMENTS.

This MOA, 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 MOA, the terms specified in the body of this MOA shall control. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This MOA may be modified only by a written amendment duly executed by the Parties to this MOA.

SECTION 15. NO LEGAL RELATIONSHIP
By entering into this MOA, 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 415
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5 implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of any other Party.

SECTION 16. GOVERNING LAW AND VENUE
This MOA has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. In the event that a suit shall be brought by any Party to this MOA, the Parties agree that the venue shall be exclusively vested in the state courts of the County of Santa Clara or, where otherwise appropriate, exclusively in the United States District Court, Northern District of California, San Jose, California.

IN WITNESS OF, the Parties have executed the MOA as of the last date set forth below:
___________________________
Silicon Valley Clean Energy
Date:
_______________________
Approval as to form, Silicon Valley Clean Energy Counsel Date:
___________________________
City of Cupertino
Date:
_______________________
Approval as to form, Cupertino City Attorney
Date:
___________________________
City of Morgan Hill
Date:
_______________________
Approval as to form, Morgan Hill City Attorney
Date:
___________________________
City of Mountain View
Date:
_______________________
Approval as to form, Mountain View City Attorney
Date:
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6 _______________________
City of San Jose
Date:
_______________________
Approval as to form, San Jose City Attorney
Date:
___________________________
City of Sunnyvale
Date:
_______________________
Approval as to form, Sunnyvale City Attorney
Date:
___________________________
Prospect SV
Date:
_______________________
Prospect SV
Date:
___________________________
SPUR Executive Director
Date:
_______________________
Chief Financial Officer
Date:
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7 EXHIBIT A
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1 SECTION 1: OVERALL PROJECT SUMMARY AND APPROACH
The Public Facility Resiliency Implementation Project (PFRIP) will be a regional funding source and implementation project for design and construction of publicly owned and operated fuel-switching, electric vehicle (EV) charging, and solar/battery storage projects in Santa Clara County, CA. As a Coalition led by Silicon Valley Clean Energy (SVCE), the Cities of San José, Sunnyvale, Morgan Hill, Mountain View, and Cupertino, in collaboration with SPUR and Prospect Silicon Valley, will implement greenhouse gas (GHG) reduction measures at 62 critical and community-serving facilities all meeting EPA-defined disadvantaged criteria and $49,999,997 worth of electrification projects and supporting performance assessments and community engagement activities. SVCE will be the coalition lead and submit a Memorandum of Agreement (MOA) signed by all coalition members by July 1, 2024. The MOA will describe the roles and responsibilities of each coalition member in implementing the proposed greenhouse gas reduction measures, including related equity analysis, performance evaluation, community engagement and workforce development activities, and fulfilling all reporting requirements for the grant performance period. SVCE will establish the Public Facility Resiliency Fund (Fund) and ensure timely distribution of the Fund to the coalition’s members for use in PFRIP. Each coalition member City will be responsible for leading the design, construction, and maintenance of its GHG reduction measures; take an active role in planning and implementing the project equity analysis, performance evaluation, community engagement and workforce development activities; and fulfilling all reporting requirements, for activities that take place in its jurisdiction. SPUR will lead the equity, community engagement and GHG reduction performance analyses. Prospect Silicon Valley will lead the design parameters performance evaluation and workforce development activities.

PFRIP will benefit low income and disadvantaged communities throughout the Bay Area by electrifying and fortifying 62 critical facilities countywide such as community shelters and fire stations that serve the communities' most urgent needs during emergencies as first responders or cooling and heating centers, gathering/family reunification spaces and shelters for those without traditional homes or access to personal emergency equipment like generators. Publicly owned and operated facilities such as libraries, cultural facilities, and community or recreational centers are also equitable meeting spaces, providing daily childcare and eldercare programs or access to exercise and computer equipment to low-income individuals. When enhanced with decarbonized assets such as EV charging infrastructure and all-electric equipment and backup power, these spaces will become powerful community resiliency centers providing public charging access, and will move Bay Area cities towards national, state and local decarbonization goals1
.
a. Description of GHG Reduction Measures
The Public Facility Resiliency Implementation Project (PFRIP) will implement “Decarbonization Retrofits” that change natural gas powered equipment for electric counterparts in major building systems including Heating, Ventilation, and Air Conditioning (HVAC) replacements, water heating and pumping, and kitchen appliances; and install “Resiliency Upgrades” for green backup power in the form of solar and battery, or microgrids, that may be integrated with public Electric Vehicle Supply Equipment (EVSE). These same measures are listed in the San Benito County and Santa Clara County Priority Climate Action Plan (PCAP), under Measure BE-2 on page 19, (see file 1 such as the Department of Energy’s Decarbonizing the U.S. Economy by 2050 plan, California Air Resources Control Board’s Advanced Clean Fleets Regulation and California’s Clean Energy Transition Plan, Santa Clara County’s Silicon Valley 2.0, and local climate action plans, such as Climate Smart San José, Sunnyvale’s Climate Action Playbook, Morgan Hill’s Climate Action Plan, Mountain View’s Sustainability Action Plan and Cupertino’s CAP 2.0. 419
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2 CA_SanBenito&SantaClaraCountiesMSAPCAP_SVCE_PFRIP) and were chosen for their transformative impact at achieving net-zero buildings, and wide recognition as the measures that lead to major greenhouse gas reductions in the multiple climate adaptation plans listed above, and many others. Each measure is listed in the Climate Pollution Reduction Implementation Grants (CPRG) Notice of Funding Opportunity, under the Electric Power, Transportation, and Building Sectors, as a recognized greenhouse gas reduction measure. Table 1 shows the locations and planned retrofits.

The GHG reduction measures will be implemented according to the project workplan, and scheduled milestones as described in Section 3 and completed before the end of the grant performance period.

Completion dates are planned to provide a final performance evaluation period for assessing the actual GHG reduction benefit of each constructed measure in each facility. Underlying assumptions associated with this work plan are that projects will be contracted and initiated in a timely fashion as described by the workplan, all equipment will be available for purchase without major assembly line delays, and all additional power supplies needed for electrical system upgrades can be provided by the relevant utility companies within 1-2 years of design completion. Indeed, these same assumptions present project risks to impacting the project timeline, so early coordination with utility and equipment companies will be employed and construction milestones have intentionally been given contingency time and budget inflation to ensure timely deliverables are met. A thorough list of project risks and assumptions will be included in the Quality Assurance Project Plan (QAPP) upon award.

Table 1: List of the proposed GHG reduction measures to be implemented. *Full Site list available in Other Attachments file Areas_SVCE_PFRIP. All projects include the necessary electrical panel and distribution upgrades to support these enhancements.
i. Detailed Descriptions of City Coalition Members’ Sub-Project GHG Reduction Measures:

San José Decarbonization and Resiliency Projects:

Through the regional grant application, the City of San José Public Works Department seeks $22,365,541 in funding for microgrid construction at six critical facilities:
• Roosevelt Community Center - 200 kW Solar System & 800 kWh BESS2 & Controller • Happy Hollow– Kelley Park Campus - 200 kW Solar System, 1200 kWh BESS & Controller 2 Battery Energy Storage System (BESS)
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3 • Fire Stations 23, 32, and 36 – each 75 kW Solar System, 176 kWh BESS & Controller • Fire Training & Emergency Operations Center - 880kWh and 660kWh BESS & Controller The project will also:
• Retrofit 100 gas water heaters at 50 facilities citywide with heat pumps, • Install 60 Level 2 EV chargers at the EOC that will be available for public use, • Develop a Project Website and social media to display PFRIP GHG emissions reductions and milestones in real-time, and
• Hold translated meetings and a celebratory Climate Art Fair to engage community members in climate action and inform them about the facility improvements.

All 56 San José facilities are located within Justice-40 recognized Low Income and Disadvantaged (LIDAC) census tracks.

Roosevelt Community Center and Happy Hollow Park and Zoo are active community emergency shelters used for disasters, heating, and cooling relief. The centers are part of a network of local emergency shelters that are typically activated between 1-2 times per month, operating year-round as needed.

Roosevelt Community Center also provides daily childcare and elder care programs, and community access to meeting rooms, computers, exercise equipment, locker room, and a commercial kitchen.

Happy Hollow Park and Zoo covers a large campus including the Association of Zoos and Aquariumscertified zoo caring for rare and endangered animals, the Leininger Community Center offering community meeting rooms and commercial kitchen, and Kelley Park which contains a sanitary pump station requiring constant electrical power to prevent sewage entering nearby Coyote Creek. Fortifying these critical facilities with solar and battery backup power will provide full electrification potential to convert them to resiliency centers, ensure their use as emergency shelters during wide scale power outages or disasters, and protect natural resources including local water quality.

Fire Stations 23, 32, and 36 will be newly built critical facilities with all-electric construction. Existing buildings of Fire Stations 23 will be demolished, and rebuilt, while Fire Station 32 is a newly built as-yet unoccupied facility and Fire Station 36 will be an entirely new facility adding emergency protection to previously unprotected disadvantaged communities in South-Central San José.

The Fire Training and Emergency Operations Center (EOC) is one of two regional fire training facilities that trains firefighters stationed throughout Santa Clara County, and the central Emergency Operations Center for the 10th largest City in the United States. The EOC will be used as the countywide central emergency center during Super Bowl 2026. The site currently has a 416.6 kW solar system in place but needs two batteries to complete its microgrid design. The microgrid to be installed through the project will ensure continuous operation of the EOC during disasters, including the 60 Level 2 EV chargers that will be directly linked to the microgrid system. The EV chargers installed through the project will ensure that public EV charging is available in San José both during times of emergencies and daily, serving the disadvantaged community in which they will be built.

The project will also retrofit 100 gas water heaters at 50 community-serving facilities with heat pump models, providing significant greenhouse gas reductions to the countywide building portfolio. These community-serving facilities span the City’s disadvantaged neighborhoods and include 4 emergency shelters, 17 community and youth centers, 9 libraries, 8 fire stations, 5 cultural and recreational facilities, 6 municipal offices or corporation yards, and 1 police facility. Retrofitting water heaters in these facilities will ensure their beneficial services and improve air quality within their disadvantaged communities. 421
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4 Sunnyvale Decarbonization and Resiliency Projects:

The City of Sunnyvale seeks $3,459,281 in funding for an all-electric rebuild of two critical facilities: Fire Station 2 and the Sunnyvale Water Pollution Control Plant.

Fire Station 2 is one of two regional fire training facilities to offer numerous required training courses for firefighters throughout Santa Clara County and serves two LIDAC communities in Sunnyvale. The Fire Station is also one where the community and firefighters can engage in events like the annual pancake breakfast. With the number of visitors and trainees coming through the Station, electrification of this building will have far reaching impacts in the community. Fire Station 2 meets multiple 90 percentile thresholds including PM 2.5 in the air, lack of green space, proximity to hazardous waste facilities and superfund sites, and traffic proximity and volume.

The project will install (based on initial design estimations):
• 12 electric rooftop packaged heat pump HVAC with optimizers • Up to two 80-gallon electric heat pump water heaters
• 2 built-in induction cooktops
• 4 EV chargers for all-electric fire trucks at the station • 75 kWh Solar + 176 kWh BESS
The Sunnyvale Water Pollution Control Plant is one of the oldest treatment plants on the West Coast. It works around the clock to provide essential wastewater treatment for all Sunnyvale residents and businesses. The Cleanwater Center is one of the necessary upgrades planned for this aging facility.

Designed to LEED Gold standards, it will be an operational hub for the 67-person team who operates, maintains, and manages the Plant. It will also serve as the welcome center for the public, both visitors and participants in tours of the Plant made available to the public. The Cleanwater Center meets multiple 90 percentile thresholds including PM 2.5 in the air, expected agriculture loss rate, and projected wildfire risk.
• The project will install:
• 114 kW Solar System
• 1 Heat Pump Water Heater
• 3 Electric Heat Pump HVAC units and 1 large HVAC heat pump • Electrical Design and Construction
Electrifying public buildings comes with increased costs and Play 2.2 of the City’s Climate Action Playbook aims to eliminate fossil-fuel powered appliances and/or sources in public buildings upon rebuild or significant remodel. While Sunnyvale has established this goal, increasing construction costs and additional costs of electrification can be a burden. To ensure the City can continue to meet its CAP goals, grants to offset costs are required. Therefore, offsetting these costs through CPRG dollars will support the City in meeting its ambitious building decarbonization target to electrify 44% of existing buildings by 2030. Modernizing and electrifying Fire Station 2 and the Cleanwater Center will allow the City to continue to prioritize future public building decarbonization projects and foster healthy and safe working and training conditions for local firefighters and essential staff that serve Sunnyvale’s diverse population and underserved communities.
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5 Cupertino Decarbonization Project:

Through the regional grant application, the City of Cupertino Works Department seeks $1,951,321 in funding for upgrades to the cooling, heating, and water heating components at Quinlan Community Center.
• The project will install: Heat Pump HVAC and Heat Pump Water Heating Quinlan is a multi-use building providing staff office space, classrooms for recreation classes, space for the Cupertino Historical Society, and rentals. Quinlan is also used when the City needs to activate a shelter for heating, cooling, air quality, or most recently as space for displaced residents after a fire at a multi-family complex. The HVAC system at Quinlan was described in a building condition assessment study as being “in poor condition and well past its useful service life… [and is] an outdated pneumatic system that does not allow for remote monitoring or modern energy efficiency strategies.” Ventilation is not sufficient in the dance and fitness rooms, leading to doors being propped open. The 27,000 square foot facility was built in 1989 and the heating and cooling equipment is original to the building.

Morgan Hill Decarbonization and Resiliency Project:

Through the regional grant application, the City of Morgan Hill seeks $3,599,871 in funding to support the Centennial Recreation Center (CRC) Electrification Project, which includes the following components:
• Replacement of 4 gas boilers with electric boilers
• Replacement of the pool heater with an electric heat pump • Replacement of Kitchen appliances with electric appliances • Increase in microgrid battery storage
• Required electrical upgrades to support these enhancements • Installation of an electric vehicle charging unit
The proposed project will serve the entire City population including the City’s significant low-income population. The project will allow the CRC to act as a resilient heating, cooling, and gathering center for the community which will especially benefit residents who may not have heating or cooling at their own homes. Public facility electrification is a community-driven goal that was included by a community working-group in the City’s adopted CAP.

Mountain View Decarbonization and Resiliency Projects:

The City of Mountain View seeks $13,860,618 in funds for resiliency and decarbonization infrastructure improvements in the form of Solar and battery installation, and heat pump HVAC installation at two sites:
• Mountain View Sports Pavilion at Graham Middle School - 191.5 kW Solar & 2.5 MWh BESS & Heat Pump HVAC
• Whisman Sports Center at Crittenden Middle School - - 66.7 kW Solar & 250 kWh BESS These retrofits and installations will support the middle schools’ operations, energy resiliency, and critical heating and cooling during extreme weather events. The middle schools serve 877 and 590 students respectively and allow public use of the facilities. Daily indoor air quality will be improved for students, staff, and the public. Both sites are designated community shelters used during climate-related 423
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6 and other emergencies, and the microgrids will ensure their intended emergency use. These projects support the City of Mountain View’s goal to provide a livable community for all, supporting sustainability and resiliency.
b. Demonstration of Funding Need
Bay Area cities are struggling to meet decarbonization goals due to the high cost of electrification equipment paired with lack of capital dollars available in many cities’ General Funds, and inability to generate revenue within capital budgets. Bay Area cities are therefore looking to the Federal Infrastructure Bill for desperately needed assistance in meeting these ambitious goals, of which the CPRG represent the most significant funding opportunity to date. Other funding opportunities were either not awarded, deemed ineligible or insufficient for meeting individual Bay Area cities’ resiliency needs. The CPRG alone offers Santa Clara County Cities an opportunity to create zonal decarbonization, a wide variety of greenhouse gas reductions and conduct portfolio-wide building electrification and resiliency that will enhance the quality of their residents' lives without further burdening California taxpayers who already pay some of the highest taxes and energy rates in the nation.

While the Santa Clara County Cities are committed to electrifying public buildings, costs for electrification improvements are beyond what is available in General Funds, and Public Works Departments are unable to generate revenue through special fees. For this reason, the San José Budget Office, for example, discourages the use of loans and is generally unable to take advantage of tax incentives without upfront funding sources. As another example of funding challenges, in 2023 the City of Cupertino lost approximately 75% of its sales tax revenue because of a state audit of a local vendor.

Resulting budget cuts have made advancing modernization projects exceedingly difficult, so outside funding must be sought. While there are tax incentives such as the Inflation Reduction Act (IRA) direct pay available for solar and battery projects, they do not cover full costs. The City of Mountain View conducted an analysis of available federal and state funding sources that revealed that there is not a comparable funding opportunity to the CPRG which would cover the funding gap needed for solar and battery on just its two locations.

Santa Clara County cities explored federal funding sources in 2023 to cover the costs of needed electrification improvements, particularly for microgrid systems, without successful project fit. The EPA’s GHG Reduction Fund Solar for All program covers residential solar only, and therefore is not an eligible funding opportunity for public facilities. Sunnyvale explored the Energy Efficiency Block Grant program for funds to support public facility electrification, however Sunnyvale’s share at under $200,000 was insufficient to offset construction and equipment costs. San José staff prepared sub-applications for both the Federal Emergency Management Agency (FEMA)’s Building Resilient Infrastructure and Communities and Hazard Mitigation Grant Program grants, which are widely considered to be the two most notable federal grants offering microgrid eligibility but were advised by California representative staff to withdraw due to inability to create a positive Benefit-Cost Analysis (BCA) analysis, and conflicting project needs. FEMA-funded equipment may be used as emergency measures only, which precludes use of microgrids for daily energy shaving and thus significantly reduces their GHG reduction benefit. FEMA’s BCA metrics consider microgrid systems to be a type of generator, thus are not optimized for microgrid applications. Finally, FEMA standards do not consider power outages due to rolling blackouts, brownouts, Planned Power Safety Shutoff (PSPS), or other non-federally declared disasters eligible events for BCA analysis or use of FEMA- funded equipment. Bay Area municipalities need to install microgrid systems as emergency power backup for a myriad of non-federally recognized emergencies 424
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7 such as storm-driven outages, locally centered fires, and minor earthquakes, and mitigating effects of planned outages or rolling blackouts that have become more common in Northern California as the electric grid is strained during summer and fall heat waves. While FEMA does not recognize these events as emergencies, Bay Area residents still experience them as such and require refuge during them.

Staff explored recent California state funding options and incentives for covering costs of microgrid equipment implementation or planning. The recently announced GFO-23-403 - Local Government Building Decarbonization Challenge and Integrated Climate Adaptation and Resiliency Program (ICARP)’s Extreme Heat Resiliency grants do not offer significant enough funding amounts for implementing regional GHG reductions. San José staff applied to the ICARP Regional Resiliency Planning Grants program in June 2023 for a Microgrids Roadmap Planning Grant but were not awarded. The San José City Manager's Office was awarded an Adaptation Planning Grant through ICARP that will be used to create a citywide climate adaption plan that will include the implementation elements listed in this application among a variety of climate priorities.

Staff chose to include EVSE in this proposal due to previous EVSE grant incompatibility or lack of success.

Staff are exploring ICARP’s GF-23-306 grant program but due to the 100-port minimum, the EVSE projects included in this proposal do not meet that program’s minimum requirements. San José, Sunnyvale, and Morgan Hill explored the Department of Transportation (DOT) Charging and Fueling Infrastructure (CFI) Discretionary Grant Program. The City of Morgan Hill found that CFI did not allow for installation of chargers at key local locations, including the City’s recreation center which is a local hub, due to corridor-proximity requirements; and Sunnyvale Fire Station 2 also had incompatible project fit.

The City of San José submitted applications for both CFI’s Community and Corridor implementation funding grants in June 2023 but were awarded neither.

Finally, the Cities of San José and Sunnyvale investigated both state and federal earmarks for assistance; Sunnyvale was unsuccessful, and San José’s individual infrastructure needs far outweigh the funding cap of these programs, making the listed microgrid projects in particular ineligible for earmarks. Finally, the outlook is not good for California state sponsored earmarks, and possibly grants as well with the upcoming expected State budget deficit. Tax-based revenue is the only option, aside from grants, for generating new funding and seen as last resort that should only be leveed on citizens if grant sources do not produce results. As stated above, Santa Clara County Cities are looking to the Federal Infrastructure Bill for much needed assistance to meet resiliency goals without increasing financial burdens to our low income and disadvantaged citizens.

The CPRG grant will provide much-needed funding for a portfolio of decarbonization, microgrid, and EVSE projects throughout Santa Clara County that cannot be matched by any other funding source available within the last 18 months. The funding request in this proposal would cover the gap between existing IRA and other federal/state incentives, and the full cost of the projects, for a portfolio of GHG reduction measures at 62 large public facilities achieving zonal decarbonization in Santa Clara County. c. Transformative Impact
Market transformation of emerging GHG emission reduction technology––While low-pollution equipment like heat pumps have matured technologically, they remain stuck in an “early adopter” stage in much of the US market, characterized by low market penetration compared with gas counterparts.

There’s reason to believe that, as the market matures, the cost of heat pumps will drop significantly, and market penetration of electric appliances will consequently accelerate as it becomes affordable relative 425
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8 compared to gas-fired appliances.
3 A National Renewable Energy Laboratory study projects that costs for HVAC heat pumps and heat pump water heaters will decrease by 30%–40% and 50%–55%, respectively, by 2050.
4 These cost reductions will be driven by innovation spurred by research and development funding, changes in consumer choice that increase demand, and consequent increases in heat pump production. The speed and success of this market transformation will have enormous implications for California’s climate goals–gas heating equipment in homes and businesses is still responsible for roughly 10% of California’s total greenhouse gas emissions.5
In addition, in 2023, the Bay Area Air Quality Management District (BAAQMD) passed a “first in the nation” rule phasing out the sale of gas heating in the Bay Area by 2031. As a result of this strong and unequivocal signal to the market, Bay Area communities are already well-positioned to accelerate the regional market development of heat pumps. However, further heat pump market maturation is needed before the phase-out to improve affordability relative to gas appliances and market integration.

PFRIP will support the market transformation by:

1. Increasing demand for heat pumps through the replacement of 106 gas water heaters with heat pump water heaters at 54 facilities countywide. Heat pumps baseline costs remain higher than their gas counterparts. Additional investments from cities and municipalities are needed to sustain market momentum and bring heat pumps into price competitiveness with gas equipment. Investments in public facilities can accelerate the market and contribute to overall heat pump affordability relative to gas appliances in two key ways:
a. Demand signal: PFRIP represents a sustained public investment in turnkey projects with predictable timelines and appliance investments. This can send a high profile and robust demand signal to manufacturers and distributors and boost the regional supply chain for zero-pollution equipment (See Technical Appendix, page 1 for Cost Projections Figure). b. Workforce capacity: PFRIP proposes investments in workforce training for contractors.

Contractor training remains a critical bottleneck in the installation of electric equipment, and consequently the cost, complexity of retrofits, and overall market demand for heat pumps. Training contractors in building electrification will contribute to market penetration of heat pumps and represent a sustained benefit for Santa Clara County communities as these newly trained workers continue to install zero-pollution equipment well beyond the lifespan of the PFRIP.

2. Contributing to regulatory and technical lessons: Siting and installing electrical equipment in buildings often requires careful planning, navigation of incentives, and overcoming technical and regulatory hurdles. These challenges can increase the cost of zero-pollution equipment, slowing demand, and stalling market transformation. Federal investment in public facility electrification will provide city planners, elected officials, and energy providers with an up-close experience 3 Rosenow, Jan, Duncan Gibb, Thomas Nowak, and Richard Lowes. 2022. “Heating up the Global Heat Pump Market.” Nature Energy 7 (10): 901–4. doi:10.1038/s41560-022-01104-8.
4 Feinstein, Laura. 2024. “Closing the Electrification Affordability Gap.” SPUR. https://www.spur.org/publications/spur-report/2024-02- 26/closing-electrification-affordability-gap.page 15, see Technical Appendix for Figure T1, page 1 5 “Zero-Emission Space and Water Heaters - Frequently Asked Questions (FAQs).” 2023. California Air Resources Board (CARB).

May. https://ww2.arb.ca.gov/our-work/programs/building-decarbonization/zero-emission-space-and-water-heater-standards/faq. 426
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9 with electrification for diverse building types. This in turn will drive the development of smart policies to address regulatory and technical frictions. Some example lessons might include:
a. Panel and service upgrades: Installing new electrical equipment, like heat pumps, risks triggering electrical panel and service upgrades, which can increase upfront costs, and require utilities to invest in additional distribution infrastructure and increase electric rates for its customers. Piloting the electrification of public buildings will generate lessons in optimizing panel load for medium and large-scale buildings to avoid panel and service upgrades. These lessons can in turn inform how municipalities encourage and support building electrification across the South Bay.
b. Learning to reduce regulatory and “red-tape” barriers: Regulatory barriers exist to siting, installing, and permitting heat pumps. These barriers vary across jurisdictions. By engaging in turnkey programs, Santa Clara municipalities can identify changes to city ordinances and permitting processes that can smooth the siting and installation of electric equipment.
c. Electrification planning for localities: Building electrification planning resources, such as Switch is On, Quit Carbon, and regional and local “concierge” services, are making electrification planning easier. However, navigating local peculiarities in contractor matching, available incentives, building types, and permitting and building ordinances, remain a challenge at all scales of building electrification. PFRIP will spur the creation of new electrification planning resources that are tailored to local building stocks, legal realities, contractor services, and incentives.

3. Education: There is a need to educate distributors, contractors, cities, and residents about zeropollution equipment, and pathways to electrification. Electrifying public buildings allows cities to lead by example and offer examples of building electrification that are highly visible for the wider community. Through contractor education, the PFRIP can prompt contractors to promote the installation of heat pumps over gas water heaters. Through public education, the PFRIP can prompt residents to switch out gas water heaters for heat pumps more quickly than the BAAQMD phase-out requires.

Santa Clara County is at the forefront of pioneering research and innovative practices aimed at significantly reducing greenhouse gas emissions. Microgrids and EVSE technology reflect similar trends for pricing, adoption and needs for market expansion as discussed above for heat pumps. For example, additional EVSE at public facilities will accommodate a rapidly transitioning personnel vehicle market. 6 –
San José saw the fastest growth in EVs of any major US city. These Cities have embraced a dynamic business incubation approach that melds participatory design with a unified commitment to slashing GHG emissions, fostering a vibrant ecosystem of innovative solutions. This approach is poised to unlock novel pathways, policies, and programs with potential for replication beyond their borders.

SECTION 2: IMPACT OF GHG REDUCTION MEASURES
a. Magnitude of GHG Reductions from 2025 through 2030
6 Source: Nadia Popovich, "The Bay Area Leads the National Shift to Electric Vehicles" New York Times. https://www.nytimes.com/2024/03/12/us/bay-area-electric-vehicles.html 427
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10 According to the San Benito County and Santa Clara County MSA Priority Climate Action Plan (PCAP), Santa Clara County has 630 municipally owned buildings with 53,200 square feet (sqft) of building space with a collective GHG reduction potential of at least 32,970 MT CO2 for the 2025-2030 period.

Collectively buildings account for 43% of greenhouse gas emissions in Santa Clara County, with 23% of that coming from natural gas appliances.

Pilot implementation will achieve widescale decarbonization of major appliances and additional decarbonization via microgrid resiliency technology and EV charger infrastructure at 62 very large facilities in Santa Clara County. Based on the PCAP, each building has an average 2025-2030 period reduction potential of 52.33 MT CO2
. However, based on a simple per square foot (sqft) estimate, PFRIP measures implemented can reduce greenhouse gas emissions by up to 0.62 MT CO2 per sqft for the 2025-2030 period. Based on the San Jose HPWH cohort of known building gross floor area (GFA), the PFRIP Coalition has potential GHG reduction of over 2,100,860.18 MT CO2 . These GHG Reduction
calculations are available in the GHGcalcs_Silicon Valey Clean Energy _PFRIP.xlsx, Tab entitled “PCAP Calcs”.

Staff also conducted a benchmarking analysis on a subset of available buildings’ energy data to scope the GHG reduction potential for the pilot portfolio utilizing the EPA’s ENERGY STAR Portfolio Manager (ENERGY STAR). The data exported from ENERGY STAR supports the hypothesis that the annual emissions reduction potential from these measures will be much greater than indicated in the PCAP, as emissions reductions for the San José subset of heat pump water heater replacements alone showed potential direct GHG savings of at least 1239.5 MT CO2 for 2025-20307 , plus indirect GHG emissions savings of
1831.55 MT CO2
, or 3,245 MT CO2.
b. Magnitude of GHG Reductions from 2025 through 2050
According to the PCAP, Santa Clara County’s 630 municipally owned buildings have a collective GHG reduction potential of at least 655,774 MT CO2 for the 2025-2050 period, providing an average per building reduction estimate of 1040.91 MT CO2 for the period.

Pilot implementation will achieve widescale decarbonization of major HVAC and heating appliances and additional decarbonization via microgrid resiliency technology and EV charger infrastructure at 62 facilities in Santa Clara County. Based on the PCAP, measures implemented can reduce greenhouse gas emissions by up to 64,536 MT CO2 for the 2025-2050 period.

According to San José ENERGY STAR analysis, the annual emissions reduction potential from these measures could be much greater than indicated in the PCAP, as emissions reductions for the San José subset of heat pump water heater replacements alone showed potential direct GHG savings of at least 30987.5 MTCO2 for 2025-2050, plus indirect GHG emissions savings of 45788.75 MTCO2 by 2050, or 76776.25 MT CO2
.
c. Cost Effectiveness of GHG Reductions
According to the PCAP, the total average cost effectiveness for the period of 2025 -2030 will be at least $49,999,997/3,245 MT CO2 = $15,409.90 per MT CO2 by 2030, on average. The total cost of San José’s heat pump replacements will be $1,684,035.38 including all equipment, labor, permitting, and staff 7 Conservative assessment assumes all replacements will be completed by 2029, with only one year of operation. Per work plan, ~24 units per year will be installed, creating additional expected GHG savings for the 2025-2030 time period that will be assessed in the project performance evaluation.
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11 oversite, so the total cost effectiveness potential of these measures alone could be as efficient as $548.36 per MT CO2 by 2030 per heat pump replacement.
d. Documentation of GHG Reduction Assumptions
The PCAP emission potential benefits were calculated using IPCC recommended methods and under an EPA-approved QAPP. However, this analysis used a very conservative estimate of countywide building counts only that did not include other types of non-building facilities, such as pools, bathrooms, and pump stations, that are included in the PFRIP portfolio, and estimated emissions based on an average per building energy usage and local utility provider fuel mix specifications rather than actual usage.

Details about the accounting methods used in the PCAP can be found in the attached PCAP copy and relevant sections have been provided in the Technical Appendix, Techappx_Silicon Valley Clean Energy_PFRIP.

According to the Natural Resources Defense Council (NRDC)8 , heat pump water heater conversion can
reduce onsite emissions by up to 50-70%. Microgrids can provide the potential for full electrification of a building combined with power savings during times of peak grid demand, such as summer and fall 5-9 pm hours, or during times when the grid is typically gas power plant fed, such as 12-4 am.

Staff also conducted a benchmarking analysis to scope the GHG reduction potential for the pilot portfolio utilizing the EPA’s ENERGY STAR Portfolio Manager (ENERGY STAR) and real building energy usage values on a subset of available buildings’ energy data. 12 months of Electricity and gas utility data from each of the City of San José’s 50 planned heat pump retrofit sites were entered to ENERGY STAR for the calendar year of 20239 to provide a 2023 annual Direct GHG Emissions (Metric Tons CO2e) and Indirect (LocationBased) GHG Emissions (Metric Tons CO2e) value for each building. Data was exported from ENERGY STAR and applied to the heat pump water emissions reductions factor of 50% for each location to achieve an expected annual emissions reduction. The export table including relevant building ENERGY STAR IDs and spreadsheet calculations are available in the Technical Appendix spreadsheet, GHGcalcs_Silicon Valley Clean Energy_PFRIP.

Cost effectiveness values were calculated using the EPA’s required cost effectiveness calculation equation applied to 1) whole cost of all PFRIP measures (including all budget categories) divided by the Sum of Quantified GHG reductions from 2025-2030 according to the PCAP and 2) whole cost of San José heat pump conversions (including all budget categories) alone divided by the Sum of Quantified GHG reductions from 2025-2030 according to the ENERGY STAR analysis. Additional details about the GHG Reduction Assumptions and methods used to calculated are available in the in the Technical Appendix.

SECTION 3: ENVIRONMENTAL RESULTS – OUTPUTS, OUTCOMES, AND PERFORMANCE MEASURES a. Expected Outputs and Outcomes
The project will assess output and outcome metrics in alignment with the PCAP, and in pursuit of the actual GHG benefit, comparing energy and GHG values pre-installation to post-installation at all existing facilities.

The following output metrics are included in the PCAP and will be quantified:
8 Electric Heat Pumps Can Slash Emissions in California Homes (nrdc.org) 9 In a few instances 2023 data was not fully available, so 2022 values were used. The appendix provides details about the calculations and includes the ENERGY STAR data output.
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12 • Number of facilities retrofitted
• Number of carbon-free appliances purchased or installed In addition, the project will assess the following outcomes:
• Average energy savings per building, both as electricity and natural gas usage • Average energy cost savings per building, both as electricity and natural gas usage • Average Energy Usage Intensity (EUI) reduction per building • Total quantity of avoided GHG emissions as calculated from real time energy use, production, an/or storage in microgrids and EVSE
• Total quantity of GHGs reduced from natural gas appliances switched to electric • Amount of reduced purchased fuel by fuel type
• Assess feasibility of quantifying CAP and HAP emissions reduction • Actual Cost effectiveness of avoided GHGs
• Assess feasibility of avoided CAP and HAP emissions
b. Performance Measures and Plan
i. GHG Reduction Performance:

Immediately following award acceptance, SPUR will lead the Coalition to select a consultant to conduct the GHG performance analysis. A QAPP will be developed and submitted by the end of Year 1. Electricity and utility data will be analyzed at each site for a period of at least 2 years preceding the kickoff of construction to provide site specific EUI, Natural Gas Usage, and a calculated GHG Emissions factor baseline comparison. Temporary metering will be used to determine peak loads and energy generation or usage profiles for each installed measure following construction completion. Sites will be monitored for a period of 2 months – 2 years depending on timeline for construction completion (see 3.c below).

For sites with longer performance periods, both summer and winter peak monitoring will be assessed in real time. For entirely new facilities such as San José Fire Stations 23 and 36 and Sunnyvale San José Fire Station 2, the avoided GHGs and summer/winter peaks will be modelled based on minimum two month temporary metering and profiles of like counterparts within the project’s portfolio or other similar existing facilities. As projects are assessed for real-time or modelled GHG emissions benefits, the results will be displayed using on online dashboard included in the project website, described in Sections 3c and

4. ii. Work Plan Performance: Design Guidelines and Evaluation The Public Facility Resiliency Fund fuels an ambitious set of facility upgrades to establish a network of community resilience centers serving disadvantaged and vulnerable communities across Santa Clara County. It is critical each location will produce a consistent set of facility features and service capacity, based on local needs. To that end, Prospect Silicon Valley, (ProspectSV) with an experienced engineering team from Point Energy Innovations and IDeAs Consulting, will lead the Coalition to establish a basis of design for each project to be performed under PFRIP. The approach will be as follows and include a QAPP:
• Develop a Roadmap for Community Resilience Center Features (Roadmap). These will be Design Guidelines for essential features of the community resiliency centers included in the project, providing a consistent benchmark for building construction performance, capacity for services, and energy efficiency.
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13 • Develop a PFRIP Standard RFP/RFQ and Mechanical Engineering and Plumbing (MEP) Bid Package: These will be guidelines, scope elements, and team qualifications provided to each City’s project team for securing standardized qualified design and construction services. • Develop and Implement Decarbonization Retrofit and Resilience Upgrades Assessments: Review each facility’s pre and post construction conditions, required upgrades, and available funds against the Roadmap, RFP, and Bid Package Guidance to provide project-specific performance metrics assessing build quality and final facility features and service capacity to local community members (e.g. air quality protection, water supply, power resiliency, or shelter). Results of this review would be provided in a project metrics and performance report. c. Authorities, Implementation Timeline, and Milestones SVCE is a Joint Powers Authority eligible to lead this grant10, and will establish the Public Facility Resiliency Fund (Fund) ensuring timely project reimbursement and distribution of the Fund to the Coalition’s members for use in the PFRIP. Each coalition member City will be responsible to lead design, construction, and inspection of its GHG reduction measures; take an active role in planning and implementing the project equity analysis, performance evaluation, community engagement and workforce development activities; and fulfill all reporting requirements, for activities that take place in its jurisdiction. SPUR will lead the Equity Analysis, Community Engagement and GHG Performance. Prospect Silicon Valley will lead Design Parameters Performance and Workforce Development. Each Coalition member City has the authority to carry out its proposed measures, and will contract for design and construction as needed, within its jurisdiction. Assistance will be required from Pacific Gas and Electric (PG&E), the local utility provider, for installing electrical panel and transmission related upgrades to accommodate increased electrical capacity at each site.

Major Workplan Milestones:
a. Administration and Reporting: Prior to grant award and acceptance, SVCE will lead development and submittal of the Coalition’s Memorandum of Agreement (MOA) by July 1, 2024. The Workplan is expected to initiate with grant award by October 1, 2024, and complete five years later by September 30, 2029. Semi-annual reports including reimbursement receipts will be submitted to the EPA every six months following award acceptance, on March 31 and September 30, or the closest prior business day, annually. The Project Plans for GHG Performance and Building Design Performance and each’s respective Quality Assurance Performance Plan (QAPP), and the Low Income Benefit Report and Community Engagement Plan, will be submitted by September 30, 2025. The Final Project Report and reimbursement receipts will be submitted by September 30, 2029. 10 Silicon Valley Clean Energy’s Joint Powers Authority Charter may be viewed in the file Attachment, Executed JPA_SVCE_PFRIP.
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14 b. Decarbonization Projects:
i. San José’s 100 Heat Pump Water Heater Retrofits at 50 facilities: The City of San José will contract with one its existing vendors for purchase of heat pump water heating (HPWH) equipment and conduct installations using existing Citywide Facilities Maintenance Staff. HPWH will be installed at a rate of 2 per month following an initial training period, sponsored through the Project Work Force Development plan (see Section 5). All projects are expected to be installed and inspected by June 30, 2029. ii. The City of Cupertino’s project will include HPWH and HVAC retrofit requiring full construction planning, design, and bid package and is expected to include an 18-month performance period. c. Resiliency Upgrades at Pre-Designed Facilities: San José’s Roosevelt Community Center, Happy HollowKelley Park Campus and Fire Station 32, and Sunnyvale’s Fire Station 2 projects have already been designed. Fire Station 32 will be ready to move immediately to construction, Fire Station 2 to Permitting, and the other two will move immediately to construction bid package procurement. The four projects are expected to have two year performance periods and serve as baseline comparison models for the Design Parameters Analysis.
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15 f. Resiliency Upgrades at Existing Facilities: Most projects will take place at existing facilities. Immediately following award acceptance, Cities will conduct procurement for design services as needed; this task is rolled into the Planning, Design, & Permitting task on each milestone table below. All projects are expected to be completed no later than June 30, 2029, to allow for a minimum two month performance period - projects inspected in Year 4 will have a minimum 18 month period. e. Resiliency Upgrades at New Facilities: San José is building new Fire Stations 23 and 36 that will be allelectric construction including microgrids. Both projects will conduct land acquisition in years 1-2 that will not be grant covered and are expected to have six month performance periods including modeling analyses informed by on-site metering of at least a two month period. f. Performance Evaluations: SPUR will lead evaluation for GHG Performance and ProspectSV will lead Building Design Performance. All Project Plans with QAPPs will be submitted September 30, 2024. Final Performance Reports will be submitted by the end of the grant term, by September 30, 2029. 433
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16 g. Community Engagement and Online Reporting: SPUR will lead Equity Performance and Community Engagement and submit the Project Plan and Low Income Benefit Report by September 30, 2024, and the Final Evaluation by September 30, 2029. Four events total will be planned to showcase completed projects and encourage climate action countywide, two managed by SPUR and two by the City of San José Office of Economic and Cultural Affairs as a Climate Art Fair. San José will host a Project Website including GHG Dashboard for displaying reduced emissions as projects are completed, and 5 community presentations translated into the County’s three widely spoken non-English languages of Spanish, Vietnamese, and Mandarin Chinese including live translation for community meetings. h. Workforce Development: ProspectSV will lead Workforce Development Activities. Training Modules and Apprenticeship Program will be developed in Year 1. Trainings will be provided to city staff and 50 low income individuals, sponsored by the grant, in years 4-5, with final program evaluation submitted by September 30, 2029.

All projects, performance assessments, community engagement, and reports will be completed by September 30, 2029.

SECTION 4: LOW-INCOME AND DISADVANTAGED COMMUNITIES
a. Community Benefits
All locations proposed for the PFRIP’s GHG reduction measures meet EPA-defined criteria as disadvantaged census tracks, either by directly meeting the Disadvantaged criteria, or by meeting 2 or more 90th percentile for recognized environmental or socioeconomic stressors according to the Climate and Economic Justice Screening Tool (), such as PM 2.5, traffic volume and proximity, and linguistic 434
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17 isolation. The relevant CEJST census tracks are listed under Attachment, Areas_SVCE_PFRIP. On The Cover Page displays a map of the full project service area, planned measures by category, the corresponding disadvantaged census tracks per CEJST layers, and the number of CEJST 90th percentile stressors met at each site.

Lower income individuals use Santa Clara County community centers, recreation centers, and libraries daily for child and elder care programs and to access books, computers, workout equipment, and meeting rooms. These facilities are established and trusted neighborhood focal points used year-round for community-building activities, providing resources to residents, and supporting and strengthening community relationships. In addition, fire department facilities exist primarily to assist the most vulnerable communities, either those experiencing physical threats or health issues. The facilities featured in PFRIP are activated during disasters like major storms, fires, flood events, and heat waves and are used as emergency shelters and cooling/heating centers to provide residents respite from the elements. Low-income and vulnerable communities are most likely to be impacted by hazards and disaster events like flooding, heat waves, and power outages.11 For example, in the event of a heat wave, lower-income residents most often live in older apartment buildings without air conditioning or are unable to afford AC utility costs. Lower-income residents are also more likely to live in neighborhoods with less tree cover, making their homes and neighborhoods hotter on average. 12 For example, South
Central San José has less tree cover and is hotter than other neighborhoods of the city.13 During heat waves, low-income residents benefit greatly from public cooling centers. By advancing resiliency retrofits at these facilities, many of these public facilities will soon be able to maintain critical community services using microgrid systems. PFRIP will improve community services at the facilities with a mix of decarbonization retrofits and resiliency upgrades. Community benefits may differ depending on the measure implemented, see detailed community benefits below.

Resiliency upgrades will include photo voltaic (PV), battery energy storage systems (BESS) installations, and microgrids installations, that may be integrated with public EV charging infrastructure. PFRIP’s resiliency upgrades will realize several direct benefits to the community:
• Improved access to services and increased resilience to climate hazards: Many of the facilities undergoing PV, BESS, and microgrid upgrades are activated during hazards like major storms, fires, flood events, and heat waves and are used as emergency shelters and cooling/heating centers to provide residents respite from the elements. These distributed energy resources will enhance the energy security and stability of these facilities, making them less vulnerable to power shutoffs and outages during hazards. Upgrading community centers and recreation centers will increase the capacity of facilities to serve residents continuously during times of intermittent power shutoffs and outages, offering a space for community members to access 11 US EPA, OA. 2021. “EPA Report Shows Disproportionate Impacts of Climate Change on Socially Vulnerable Populations in the United States.” News Release. September 2. https://www.epa.gov/newsreleases/epa-report-shows-disproportionate-impacts-climate-change-sociallyvulnerable. 12 Zhou, Weiqi, Ganlin Huang, Steward T.A. Pickett, Jing Wang, M.L. Cadenasso, Timon McPhearson, J. Morgan Grove, and Jia Wang. 2021. “Urban Tree Canopy Has Greater Cooling Effects in Socially Vulnerable Communities in the US.” One Earth 4 (12): 1764–75. doi:10.1016/j.oneear.2021.11.010.
13 “SJSU News | Learn By Doing/ Excite Your Mind.” 2024. Accessed March 28. https://sjsunews.com/article/lack-of-trees-proves-harmful-to-sjsan-José-state-and-city-experts-say-deficit-in-canopy-coverage-causes-inequality-and-climate-issues. 435
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18 shelter, information, and electrical power (e.g. for charging phones) when nearby homes and businesses may lack power or have experienced other hazard-related damages. Low-income residents are disproportionately vulnerable to climate hazards due to several factors, including limited resources, socioeconomic disparities, and inequitable access to infrastructure and services. During heat waves, low-income residents benefit greatly from public cooling centers because they lack access to air conditioning or cannot afford to pay utility costs. Finally, by transitioning to electric-powered heating, cooling, and appliances, communities will also decrease their carbon footprint and contribute to mitigating climate change impacts. • Lower electricity bills and net metering for solar PV means reinvestment in community services:

PV, combined with BESS, allows for buildings to supply their own electricity during much of the year, and during a large portion of the day. BESS allows buildings to continue to use energy produced by PV passed peak sunlight hours. Net metering policies allow for PV energy producers to sell excess energy back to the grid during peak sunlight hours. Together, these upgrades allow buildings to save on utility bills, sell PV energy to further reduce energy bills, and use bill savings to reinvest in building services and amenities.

Decarbonization retrofits will change natural gas-powered equipment for electric counterparts in major building systems including Heating, Ventilation, and Air Conditioning (HVAC) replacements, water heating and pumping, and kitchen appliances. PFRIP’s retrofits will realize several direct benefits to the community:
• Improved public health resulting from reductions in co-pollutants: By transitioning from fossil fuel-based appliances, like gas water heaters, to cleaner electric appliances like heat pumps, nitrous oxide, and particulate matter concentrations decrease and air quality improves, reducing respiratory issues such as asthma and allergies. Electrifying gas stoves to induction stoves eliminates carbon monoxide and other particulate matter concentrations, reducing harmful indoor air pollutants in the facilities in question. Furthermore, electrification often involves the adoption of energy-efficient technologies, leading to lower emissions from energy generation and further mitigating air pollution, which is linked to cardiovascular and respiratory diseases. • Improved access to services and amenities: Many public facilities struggle with deferred maintenance on infrastructure due to lack of funding. This can lead to disruption in access to certain services for community members. For example, community centers may provide hot showers, but if the facility’s hot water heater is old it may break often and require repairs.

Replacing older appliances with upgraded electric appliances will improve the quality of the equipment and reduce service disruptions for the community. • Energy cost savings mean reinvestment in community services: When heating water or air, heat pumps are three to four times more energy efficient than their gas counterparts. Additionally, forecasts of energy rates in California estimate that gas rates are likely to escalate faster than electric rates over time. With the addition of solar panels, batteries, and microgrids, building maintenance budgets have the potential to realize savings year-over-year, freeing up additional resources for improvements and community services.
• Workforce training opportunities: Workforce training opportunities, led by Prospect Silicon Valley, will provide contractors with the skills required to install zero-pollution equipment, such as all-electric heat pump water heaters and heat pump HVACs. This partnership will not only directly support the proposed municipal facilities retrofits but will also expand the workforce 436
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19 needed to decarbonize the South Bay’s municipal (and residential) building stock, and accelerate the transition off of gas heating in buildings. The training program will be available to 50 lowincome individuals free of charge and will include apprenticeship ride-along with City staff during installation and maintenance of proposed resiliency upgrades and decarbonization retrofits.

Continued assessment—To determine the Public Facility Resiliency Implementation Project’s GHGemission reduction impact and community benefits, including the direct and indirect benefits to lowincome and disadvantaged communities, SPUR will conduct an assessment to share outcomes and best practices associated with the Project. By the end of Year 1, SPUR will submit a Low Income Benefit Assessment and Equity Analysis Project Plan. Final assessment findings will be shared as a report and will be ready in advance of the five-year grant deadline.

The assessment will generally include:
• An overview of the participating municipalities' public facility building portfolio and why this subset of buildings was chosen for funding.
• A review of the approach of the Project’s “by-equipment” versus “by-building” approach with an explanation of the resiliency upgrades and the decarbonization retrofits and how this approach reduced the impact on operations and other conditions.
• GHG reduction and cost savings calculations
• A review of the Project’s design standards
• Workforce development impacts from the partnership with Prospect Silicon Valley • Three case studies of representative buildings that underwent resiliency upgrades or decarbonization retrofits: What was the process of retrofit, what was learned, who are communities served by buildings, and what were the community benefits or disbenefits? What specific planning, zoning and permitting issues or experiences that arose during project implementation?
• Equity Analysis (see below for more details)
• Challenges and Best Practices: What can be learned from these projects to support other jurisdictions in making their public facilities more resilient through electrification transitions and other upgrades?
To operationalize equity in its policy work, SPUR developed the Equity Framework of Analysis - Guiding Questions for Policy Projects. This equity framework was adopted to ensure SPUR’s research methodology and practices are inclusive, collaborative, and responsive to the needs of impacted people.

This Framework will guide the assessment of this Project. Guiding questions include: How does this project address the pressing needs of marginalized groups? Are there data gaps? What additional data would help analyze the project to better understand its equity impacts? If so, how can SPUR obtain better data? What past investments/budget allocations have there been to this group/geography? These are the types of questions that SPUR’s assessment of the project will consider in its equity analysis. b. Community Engagement
SPUR
As leader of the PFRIP’s Community Engagement and Equity assessment, SPUR will engage the community through surveys and interviews of residents who are served by these facilities, in addition to facility staff members, heat pump and microgrid installers, and other key people engaged in the resilience upgrades and decarbonization retrofits. The findings from this assessment will be shared through a free SPUR public event and regional outreach. SPUR will also support the municipalities in 437
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20 implementing community engagement and public education plans, including co-hosting two public events at municipal facilities that have undergone a resiliency upgrade or decarbonization retrofit. These events are meant to highlight the upgrades made at each facility through a festive community gathering and report back on assessment findings, particularly community benefits achieved through the specific facility’s upgrade or retrofit in addition to benefits achieved across the entire project.

City of San José
The project includes a focused community engagement plan that will build upon San José’s Climate action plans and City Infrastructure Strategy that are informed by prior extensive community, technical, and stakeholder processes. Improving grid resiliency through microgrids and decarbonizing buildings and commutes are specific strategies of the Pathway to Carbon Neutrality as well as the City Infrastructure Strategy, Brilliant at Basics. From 2018 to 2021, San José undertook an extensive community engagement process to co-create Electrify San José: Framework for Existing Building Electrification that lays out how to reduce greenhouse gas emissions from existing buildings in San José through building electrification, while bringing to the forefront the concerns and priorities of historically marginalized communities. Over a year and half of monthly meetings with two community-based organizations (CBOs) representing San José’s Latinx and Spanish communities, three community forums with over 40 CBOs, labor, environmental, development and housing organizations, and five public outreach meetings, participants identified three relevant overarching community needs and priorities: 1. Housing and energy costs 2. Clean and reliable energy 3. Health and air quality Many families throughout San José are not able to purchase ventilation systems to cool their homes and protect their indoor environments from air pollution. San José residents are concerned about more frequent smoky days from the wildfire season, and pollution from highways and industrial sites that disproportionately affects low-income communities. Vulnerable populations living in areas of higher air pollution are already experiencing disproportionately negative health outcomes, such as higher rates of asthma. In addition, many longtime residents who are not working in the tech industry have seen their living costs skyrocket without a proportional wage increase. San José families are already struggling to pay their utility bills. Eleven percent of San José households have a high energy burden, which means they spend above 6 percent of household income on utility bills, while 6 percent of households have a severe energy burden, meaning they spend above 10 percent of household income on utility bills. It is critical that building electrification does not exacerbate housing and energy unaffordability in San José, particularly for those who are already struggling to remain in their homes and in the city.

Guided by the findings of these previous engagement activities, the City’s Public Works Department conducted a wide ranging map assessment of City census tracks aligned with the CEJST layer to identify facilities in the most economically challenged areas for the CPRG decarbonization and resiliency measures. In addition, the proposed workplan and budget includes a community engagement plan that will ensure all citizens are given the resources to be heard by including engagement strategies targeted at Spanish, Vietnamese, and Mandarin Chinese speakers as well as low-income residents. Planned strategies for language accessibility include live communication in native languages, virtual input opportunities, and a fully translated project website. In addition to the countywide work led by SPUR, the Public Works Department will work with the San José Office of Economic and Cultural Affairs to hold a Climate Action Fair including two community engagement events within its jurisdiction. 438
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21 City of Morgan Hill
The City of Morgan Hill’s adopted Climate Action Plan (CAP) was developed with significant input from a community working group which saw the importance of public facility electrification. They specified a goal in the CAP to convert all municipal buildings to all-electric by 2035. The CPRG funds would be a significant step toward meeting this community-driven goal because it would allow the City to fully electrify one of the community’s key cultural hubs.

The City of Morgan Hill will seek meaningful engagement with low-income and disadvantaged communities continuously for the life of the grant by providing outreach, engagement, input opportunities, and information about the project in both English and Spanish languages. The City will partner with local groups including the public library, school groups, AAUW, and climate action groups to reach a wide range of residents. Additionally, the City is proposing to install a mural completed by a local artist that will incorporate a clean energy theme. The artwork will be designed to inspire and intrigue across the City’s diverse cultural and socioeconomic backgrounds.

The City of Morgan Hill has more affordable housing units per capita than any other city in northern California. The City has been planned in a way that incorporates affordable housing throughout the community and as a result the City does not have a specific census tract that is identified in the Climate and Economic Justice Screening Tool as LIDAC, although the Centennial Recreation Center is located within a census tract that meets several of the tool’s individual disadvantaged metrics. In addition to acting as a heating, cooling, and reunification center, Morgan Hill’s recreation center also offers services for the elderly, children, and youth, and provides affordable activities and workout equipment to the entire community including a significant lower income population.

City of Mountain View
The City of Mountain View, in partnership with local organizations, conducted outreach in 2023 to inform its resiliency efforts. For example, the Community Services Agency (a nonprofit organization which has partnered with the City for more than 40 years on social safety net services) and the City worked together to conduct surveys in English, Spanish, and Chinese at the Senior Center to 120 senior nutrition program participants. Survey results highlighted opportunities to increase public awareness of cooling centers (such as Mountain View Sports Pavilion and Whisman Sports Center) and augment citywide resiliency infrastructure. This raised the CPRG grant as a timely opportunity to enhance the City’s facilities with resiliency improvement.

If awarded, the City of Mountain View will engage with low-income and disadvantaged communities throughout the development and implementation of the grant. For many years, the City’s Multicultural Engagement Program (MEP) has been building relationships within the City’s culturally diverse populations and neighborhoods, including among the Hispanic/Latino, Chinese, and Russian communities. The City has a civic engagement academy that is offered in Spanish and Chinese. MEP also provides translation/interpretation services and culturally appropriate outreach. The City’s Sustainability and Resiliency Division and MEP would partner to provide linguistically and culturally appropriate outreach to incorporate community input and provide updates throughout the grant process.

The City is also undergoing other planning processes that will involve community engagement around resiliency infrastructure and programming that can be leveraged for PFRIP. Over the coming year, the City will develop a Community Resiliency Strategy as well as the Parks and Recreation Strategic Plan. 439
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22 Outreach for these projects will include surveys, partnerships with community groups, one-on-one meetings or interviews, and community meetings, many of which will offer translation or interpretation options and childcare. The City will consider community feedback from these processes to inform the CPRG projects.

City of Sunnyvale
The City of Sunnyvale adopted its Climate Action Playbook (CAP 2.0 or Playbook) in 2019 with significant input from the community through surveys, public meetings, workshops and input from a community advisory committee. The City and community emphasized the importance of public facility electrification when feasible, to ensure the City is doing its part to contribute to the community wide GHG reduction targets. Play 2.2 of the City’s Playbook specifies a target to convert municipal buildings to all-electric upon rebuild or significant remodel to assist in reducing natural gas emissions from existing buildings.

Currently, the City is updating its specific work plan for implementing the Playbook, Game Plan 2028. The most recent presentation of analysis of this work plan highlights the importance of reducing natural gas from existing buildings to achieve the City’s 2030 goal. The City conducted outreach to the community to gather input on the Draft Game Plan through workshops, online surveys available in English and Spanish, email blasts, and presentations to community groups. The current Draft outlines increasing the City’s goals for reducing natural gas use to 42% in residential and 38% in commercial by 2030. The CPRG funds would be a significant step toward meeting these ambitious goals because it would allow the City to fully electrify two critical operations centers, monitor their energy performance and serve as model buildings to justify the need for advancing building electrification of municipal facilities on a broader scale.

If awarded, the City of Sunnyvale plans to bolster its engagement with low-income and disadvantaged communities throughout the development and implementation period of the grant term. As part of the design and construction process for city facilities, the City hosts public meetings in local spaces to invite the community to provide feedback and input on the design and construction plans. In 2021, the City of Sunnyvale hired an Equity, Access and Inclusion (EAI) Manager and established an equity, access and inclusion team of staff from each City department to advance the City’s reach and engagement with its most vulnerable populations. In addition, the City adopted Council Policy 7.2.1 specifically for community engagement, which was developed after the City hosted a series of listening sessions to hear from the community. The policy ensures the community is well informed about local issues and City Programs and Services. This is part of a larger obligation called the Sunnyvale Unity Commitment which commits the city to creating a culture of belonging where all members of our diverse community feel included, heard, and respected. The City’s Sustainability team plans to partner with the EAI team to develop outreach materials in Spanish, Mandarin and Tagolog to design linguistically and culturally appropriate outreach materials for engagement throughout the grant term. Both facilities in Sunnyvale’s application are important community engagement centers, will serve as educational centers for the public and will demonstrate the City’s ability to meet climate goals and targets set for and by the community.

SECTION 5: JOB QUALITY
The City of San José partners with the Santa Clara County Office of Labor Standard Enforcement on prevailing wage and wage theft policies to ensure countywide wage equity and prevent wage theft. San José’s Office of Equality Assurance will oversee prevailing wages for the project and help monitor companies who would be contracted for project implementation to ensure that their workers are 440
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23 properly paid for the work they do. The Office of Equality Assurance conducts active enforcement of prevailing wages on City contracts.

To expand the regional work force, team member ProspectSV would coordinate a training series for building industry practitioners on building decarbonization and zero-carbon building systems. ProspectSV has partnered with DMG North, a representative of leading HVAC (Heating, Ventilation, and Air Conditioning) equipment manufacturers in Northern California, to establish a Northern California Training Center in the Bay Area. This center will be available for industry training and education over the duration of the grant period and beyond. DMG North regularly hosts training sessions with Trade Professionals, Professional organizations, Unions, Vocational Schools, Colleges, and Universities. They have committed to being a resource for the industry and to help educate and train others, which will have a far-reaching impact on commercializing this in the marketplace. The training series, to be developed under PFRIP funding in Year 1, would be based on the experience of veteran workforce development professionals with a history of supporting clean technology workforce efforts across the Bay Area. The program will include classroom and webinar training and speaking engagements, but also will leverage the partnerships of professional organizations like Sustainable Purchasing Leadership Council, North American Sustainable Refrigerants Council, International Facilities Management Association, and others to reach the broadest and most relevant stakeholders across the buildings industry value chain. Special attention will be paid to the buildings design and modeling industry through a network of design leaders engaged in as program advisors. The program will be available to the Coalition’s staff as in service training, and up to 50 low income residents seeking journeyman plumbing or electrician credentials, during years 2-5 of the grant period.

SECTION 6: PROGRAMMATIC CAPABILITY AND PAST PERFORMANCE a. Past Performance
The Coalition led by SVCE collectively has considerable experience with receiving and managing federal and non-federal grants. The City of San José manages more than 100 federal awards for various grant types. In fiscal year 2022-2023, San José reported more than $196 Million (M) in federal grant awards and expenditures. Two key examples of grants completed within the last three years include: 1) the U.S.

Department of the Treasury’s Coronavirus Relief Fund14 which provided $178M during the Pandemic to cover community needs for food, shelter, testing, and other essentials and 2) CalOES Public Safety Power Shutoff Allocation15 which provided $500,000 for emergency response. The City of Cupertino recently received and expended $214,549 in grant funds through State of California Proposition 68 OGALS16 to build the city’s first full-sized basketball court, filling a gap in recreational variety in the Parks Master Plan. For the fiscal year ending June 30, 2023, the City of Sunnyvale reported 32 federal awards 14 Grantor: U.S. Department of the Treasury’s Coronavirus Relief Fund; Grant Assistance Number: OIG-CA-20-021), from March 1, 2020 – December 31, 2022; Total Funding: $178,295,348; How Spent: $90.1M in personnel costs of dedicated time responding to the COVID-19 emergency; $29.9M in food and necessities distribution; $27.2M in unhoused sheltering/support; $20.4M in local assistance; $4.5M testing, tracing and isolation; and $2.2M facility improvements 15 Grantor: State of California Governor's Office of Emergency Services (CalOES) Public Safety Power Shutoff Allocation; Grant Assistance Number: 085-68000); Grant Dates: July 1, 2019 – February 29,2024; How Spent: $99,360 for development of City's Power Vulnerability Plan; $122,340 in design and specifications for New Emergency Generators for Fire Station #28 and Police Sub Station; $240,900 in Radio Communications Equipment for Public Safety; and $37,400 in Radio Communications Equipment for Non-Public Safety. 16 Grantor: California Department of Parks and Recreation via Office of Grants and Local Services (OGALS); Grant Name: California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018; Grant Assistance Number: 18-43-016 and 18-43-017; Grant Amount: $214,549; Grant Term: through 12/31/2021 - 7/31/2024; How Funding Was Spent: Remove existing landscape, irrigation, storm drain, Install a full-size basketball court (court surface, backboards/nets, drainage). Remove and replace existing walking path leading to new basketball court. Total: $214,549 spent by 12/31/23.
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24 and $29.7M in federal grant expenditures; City of Mountain View reported 11 federal awards and $10.8M in federal grant expenditures; and the City of Morgan Hill reported 4 federal awards and $800,732 in federal grant expenditures17. SVCE administered a $1.5M grant from the CAPP18 in FY21-22 that helped California energy customers reduce past due energy account balances during the Pandemic. b. Reporting Requirements
The PFRIP Coalition members successfully complete grants compliance reporting accurately and timely.

In early 2024, the Cities of Morgan Hill, Mountain View, San José, and Sunnyvale completed their Single Audit on the Schedule of Expenditures of Federal Awards required by the Uniform Guidance with no material weaknesses or significant deficiencies regarding the review of the Schedule of Expenditures of Federal Awards, which includes all federal awards received directly from federal agencies and federal awards passed-through other governmental agencies. In 2023, Cupertino expended the OGALS funds 7 months ahead of the deadline. In 2022, the Department of Treasury’s Office of Inspector General (OIG) conducted Desk Review of the Coronavirus Relief Funds of $178.2M for the City of San José. After completing their Desk Review, Treasury OIG indicated that they had no findings, exemptions, and no questionable/unallowable costs. As proven by the OIG’s Annual Desk Review, all reporting and financing requirements were completed on time and within budget.
c. Staff Expertise
Silicon Valley Clean Energy (SVCE) has substantial experience with handling and distributing funds. SVCE regularly provides its constituents grant opportunities and financial assistance, such as the CAPP, and this expertise will apply to distributing subawards to the Coalition members as a pass-through entity. SVCE has an annual 2023 operating budget of $324.5M19 and typically keeps 300 days of cash on hand, expecting 365 this calendar year, and an “A” Credit Rating20, putting the organization in a stable and experienced position for managing and distributing the Public Facility Resiliency Fund. The PFRIP Coalition of Cities is fully positioned and ready to complete PFRIP on schedule within a 5-year grant term following acceptance of the grant award. Immediately following acceptance of award, each City can contract with one of its existing vendors for planning, design, permitting and implementation of measures. Each City’s procurement requirements for services, supplies, and equipment generally meet the Uniform Grant Guidance (UGG) (2 CFR 200) minimum requirements. The competitive procurement process, through a third-party web-based bid solicitation platform, ensures open and free competition for purchasing, and provides small business considerations and credits and provides measures to prevent conflicts of interest. The history of the procurement process is documented thoroughly to include selection of contract type, cost for the contract, solicitation of bids, responses from potential contractors, determination that the price is reasonable and any amendments to the contracts. PFRIP will follow the Best Practice Guide for Procuring Services, Supplies, and Equipment under EPA Assistance Agreements.

SECTION 7: BUDGET
a. Budget Detail
17 Federal Audit Clearing House, OMB# 3090-0330, EXP: 09/30/2026, https://app.fac.gov/dissemination/search/ 18 Grant Administrator: California Arrearage Payment Program(CAPP); No Grant Assistance Number, Total Amount: $1,545,172; grant term ended September 30,2022; https://www.csd.ca.gov/CAPP 19 Silicon Valley Clean Energy Authority; Independent Auditors Report, Financial Statements Years Ended: September 30, 2023, September 30, 2022; https://svcleanenergy.org/wp-content/uploads/Silicon-Valley-Clean-Energy-Authority-9.30.2023-Financial-Statements-FINAL.pdf 20 RatingsDirect, S&P Global Ratings, Silicon Valley Clean Energy Authority, California; Retail Electric, May 11, 2023 442
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25 The Total Cost for PFRIP is $49,999,997. Full budget details for all categories including itemized charges can be viewed in the Budget Spreadsheet Budget_SVCE_PFRIP, and Budget Appendix Budgetcalcs_SVCE_PFRIP which includes a Table of Staff Rates covering Personnel, Fringe, and Indirect Hourly Rates.
i. Personnel: Total Cost: $5,185,857 based on 45 classifications spanning SVCE and all subawardees developed from staff time hourly rates of actual known employees and the hours or percentage of Full Time Employee (FTE) required to complete grant objectives. ii. Fringe Benefits: Total Cost: $2,703,931 based on 45 classifications spanning SVCE and each sub-awardee, as a percentage of Personnel time of actual known employees that varies by organizational benefits but typically includes: health premiums (medical, dental, vision), flexible spending/health reimbursement accounts, workers’ compensation, life insurance, and disability leave. Fringe rates may vary upon union, benefit choices, and retirement system tier.
iii. Travel: Total Cost: $8,500 based on local, in-state, and out-of-state travel needs for implementing community engagement strategies and subsequent project performance presentations at two conferences.
iv. Equipment: Total Cost: $20,590,387 based on 62 implementation sites’ costs for installing GHG reductions measures, including but not limited to, heat pump water heaters, heat pump HVAC, and solar systems and batteries at various capacities. v. Supplies: Total Cost: $16,600 based on two sites’ electric cooking appliances and four community events’ needs.
vi. Contractual: Total Cost: $18,886,212 based on all vendor services needed to produce PFRIP outcomes, including but not limited to design, permitting, construction, GHG and Building Design performance and community engagement.
vii. Other: Total Cost: $417,750 based on stipends for qualifying low income trainees and community engagement participation, community art and celebratory events. viii. Indirect Charges: Total Cost: $2,190,759.80 based on 45 classifications spanning SVCE and each sub-awardee, as a percentage of personnel salaries that vary by organizational overhead needs or approved Negotiated Indirect Cost Rate Agreement (NICRA). b. Expenditure of Awarded Funds
To ensure that grant award is efficiently expended on time within the grant period, the PFRIP Coalition will meet monthly to plan upcoming activities and review recent progress; and through the Santa Clara County Climate Collaborative, providing opportunities to share news, challenges, lessons learned, and best practices, and coordinate activities. All final report information and receipts will be provided to SVCE by sub-awardees no later than two weeks prior to a relevant reporting deadline (see Section 3c) to ensure timely report submittal to the EPA. Semi-annual reports will be provided on March 31 and September 30, or the closest prior business day, throughout the grant term until the Final Report due date of September 30, 2029.
c. Reasonableness of Costs
All PFRIP’s Direct and Indirect costs are necessary to construct the GHG reduction measures and conduct specific grant performance and community engagement. Costs were calculated through engineering and project manager review and assessment, supported by vendor quotes to the extent possible and represent the most feasible and reasonable costs available at the time of this proposal. 443
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Consolidated Budget Table
Public Facilities Resiliency Implementation Project

BUDGET BY YEAR
COST-TYPE CATEGORY YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 TOTAL Direct Costs TOTAL PERSONNEL $1,154,236 $981,111 $1,109,626 $1,067,385 $873,498 $5,185,857 TOTAL FRINGE BENEFITS $638,092 $507,853 $583,354 $571,556 $403,076 $2,703,931 TOTAL TRAVEL $200 $200 $350 $3,850 $3,900 $8,500
TOTAL EQUIPMENT $4,234,377 $7,898,698 $2,603,764 $939,304 $4,914,244 $20,590,387 TOTAL SUPPLIES $0 $500 $5,000 $0 $11,100 $16,600
TOTAL CONTRACTUAL $7,220,066 $5,195,311 $2,369,705 $2,440,199 $1,660,932 $18,886,212 TOTAL OTHER $30,000 $343,500 $14,333 $13,633 $16,284 $417,750 TOTAL DIRECT $13,276,971 $14,927,172 $6,686,133 $5,035,927 $7,883,034 $47,809,237 TOTAL INDIRECT $555,640 $431,915 $466,222 $442,749 $294,234 $ 2,190,759.80 TOTAL
FUNDING $13,832,611 $15,359,087 $7,152,355 $5,478,675 $8,177,268 $49,999,997

BUDGET BY PROJECT
Project
Number Project Name Total Cost
1 Silicon Valley Clean Energy (Grant Administration) $1,415,775 2 San Jose Portfolio Project (6 microgrids, EVSE, 100 HPHWs, 1 Website, 5 Translated Community Meetings & Social Media Postings, & Climate Art Fair) $22,365,541 3 Sunnyvale Portfolio Project (2 microgrids, HVAC Heat Pumps, HPWH, EVSE, Induction Cook Tops) $3,606,777
4 Morgan Hill Portfolio Project (Electric Boilers & Pool Heater, Heat Pump HVAC, Electric Kitchen, and EVSE) $3,599,871
5 Mountain View Portfolio Project (2 microgrids) $13,713,123 6 Cupertino Portfolio Project (Heat Pump HVAC & HPHW) $1,951,321 7 SPUR (Community Engagement, Equity, & GHG Performance Assessments) $1,556,411 8 Prospect Silicon Valley (Building Design Performance & Workforce Development) $1,791,177 Total PFRIP Total $49,999,997
45%
4%
100%
% of Total
3%
7%
7%
27%
3%
4%
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MEMORANDUM OF AGREEMENT AMONG COALITION PARTNERS FOR THE UNITED STATES

ENVIRONMENTAL PROTECTION AGENCY CLIMATE POLLUTION REDUCTION GRANT FOR

COMMUNITY-SCALE REUSABLE FOODWARE SYSTEM DESIGN AND IMPLEMENTATION SECTION 1. OVERVIEW
This Memorandum of Agreement (“MOA”) is between the cities of Sunnyvale, Cupertino, Mountain View, and San José, the County of San Benito (collectively the “Agency Partners”), and Perpetual, a nonprofit (“Perpetual”); collectively “Parties” or individually as a "Party." SECTION 2. RECITALS
WHEREAS, the 2022 Inflation Reduction Act (IRA) established the Climate Pollution Reduction Grants (CPRG) program which provides funds for implementation grants administered by the United States Environmental Protection Agency (EPA);
WHEREAS, the Parties submitted a coalition implementation grant application on April 1, 2024 (“Implementation Grant”), seeking $48,346,219 to fund the design and implementation of a communityscale reusable foodware system serving the jurisdictions of the cities of Sunnyvale, Cupertino, Mountain View, and San José, and the County of San Benito to reduce waste sent to the landfill and lower associated greenhouse gas emissions. The City of Sunnyvale applied as the coalition lead agency with the remainder of the Agency Partners as coalition partners; WHEREAS, the grant term for this funding is expected to begin in October 2024 and the period of performance will be up to five years thereafter until December 2029. This end date is subject to change based on EPA extension or funds availability;
WHEREAS, the City of Sunnyvale, is lead agency to execute a grant agreement with EPA and administer grant funding received from EPA for the period of October 2024 to December 2029; WHEREAS, Perpetual is a nonprofit organization that partners with public agencies and reuse service providers to design and implement reuse systems that reduce or eliminate single-use disposable foodware;
WHEREAS, as discussed in the Project Workplan, attached hereto and incorporated herein as Exhibit A, the Parties shall design and implement a Community-Scale Reusable Foodware System (the “Project”); WHEREAS, the Parties desire to execute this MOA to govern the use of grant funds to implement the Project and to set out the obligations of the Parties for life of the grant term.

NOW, THEREFORE, the Parties agree as follows:

SECTION 3. PURPOSE OF THE MOA
The purpose of this MOA is to establish:
• The obligations and responsibilities of each Party for the management and operation of the Project.
• Agreed upon roles, responsibilities, and commitments made by each Party to ensure Project success aligned with overall Project goals, objectives, and target outputs.

Attachment B - MOA for Community-Scale Reusables
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• An operating model for the Parties.
• How the collaboration and partnerships associated with the Parties will benefit the Project (as described in Exhibit A).
• The resources each Party will contribute to the Project.

SECTION 4. EFFECTIVE DATE AND TERM
This MOA shall be effective upon its execution by the Parties and shall remain effective until all obligations associated with the awarded Implementation Grant have been fulfilled. Without limiting the foregoing, the anticipated performance period for the Implementation Grant is to begin October 1, 2024 and end December 31, 2029. This MOA may only terminate early in the event that Implementation Grant funds are not awarded, in the event that grant funds are rescinded and all of the Parties’ obligations associated with the rescinded grant funds have been fulfilled, or in the event that the Implementation Grant is funded in an amount less than the requested $48,346,219. In the event that Implementation Grant is funded in an amount less than the requested $48,346,219, the Parties shall immediately meet and confer regarding the feasibility of the Project. If the Parties do not agree to accept the funds and execute the Project due to a reduced award, the Lead Agency shall not execute the grant agreement associated with the award and this MOA will terminate upon the expiration of the period during which the grant agreement must be signed to accept awarded funds.

SECTION 5. STATEMENTS OF RESPONSIBILITIES
For purposes of the Implementation Grant, the City of Sunnyvale is the lead applicant, will be accountable to the EPA, and accepts full responsibility for effectively carrying out the full scope of work and the proper financial management of the Implementation Grant. All Parties commit to participate in the coalition as described in the Project Workplan, attached as Exhibit A of this MOA. All Parties other than the City of Sunnyvale are grant subrecipients and shall be accountable to and support the City of Sunnyvale, lead applicant, for proper use of EPA funding and successful Project implementation. Each of the Parties agrees to participate in the coalition for the life of the Project and may not withdraw or otherwise relieve themselves of any responsibilities created through this MOA.

SECTION 6. RECORDS AND ACCOUNTS AND THEIR RETENTION
The City of Sunnyvale and grant subrecipients will keep complete an accurate financial, payroll, and procurement records related to the Project. Upon reasonable notice to the City of Sunnyvale, any Party to this MOA may inspect the financial records related to the Project. Financial records, supporting documents, statistical records, and all other records pertinent to the Project must be retained by all Parties for period of three years from the date of submission of final expenditure report.

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 MOA.

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 MOA and to carry out all of its obligations herein.

Due Execution: Each Party’s representatives who sign this MOA are duly authorized to sign and bind their respective Party.
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SECTION 9. RESPONSIBILITIES OF THE CITY OF SUNNYVALE, LEAD AGENCY The City of Sunnyvale is designated at the Lead Agency and Fiscal and Contracting Agent for Project funds. As the Lead Agency, the City of Sunnyvale is ultimately responsible for administering the Implementation Grant and performing all required reporting and the following responsibilities:
• Recommend and seek City Council approval to create a new position for grant-funded project administration and management services (the “Project Manager”) that will meet the responsibilities and needs described in the Project workplan. If the City Council, in its discretion, fails to approve a position, the Parties understand that Sunnyvale may not be able to fulfill its responsibilities as the Lead Agency and agree to meet and confer regarding alternatives for Project administration.
• Recruit and hire a Project Manager into a position approved by the City Council, to execute the Project’s workplan . Duties of the Project Manager shall include, but will not be limited to:
o scheduling and facilitating planning meetings with Parties and partner organizations; o preparing agendas and meeting minutes;
o maintaining all project records and files;
o providing reports at planning meetings on the status of the Project Workplan; o reporting back and communicating with the EPA throughout the project term; o track and report grant expenditures monthly to the City of Sunnyvale Finance Department; o comply with all program compliance requirements, such as gathering data to submit grant reports and all necessary documentation to EPA;
o monitor budget, actual expenditures and project timeline o seek grant reimbursement from the EPA (grant agency); and o monitor subrecipient funding.
• Perform additional administrative duties and administer grant funds and pass-through funds to Parties and/or grant subrecipients.
• Establish procedures to conduct subrecipient monitoring, following the 2 CFR 200. Subpart D – Subrecipient Monitoring and Management and the EPA Subaward Policy and EPA’s General Term and Conditions for Subawards.
• Administer grant funds, pass through funds to Parties and/or grant subrecipients. • Facilitate close coordination with Parties and Project partners; closely track participant support costs; provide funds to service provider(s) during system design phase. • Execute contracts with selected service providers.

The City of Sunnyvale shall serve as the Fiscal and Contracting Agent. • The Fiscal and Contracting Agent shall be the treasurer of Project funds. The Fiscal and Contracting Agent, in accordance with generally accepted accounting principles (GAAP), shall keep the Project funds segregated from any other funds administered by the Fiscal and Contracting Agent; shall credit the Project with appropriate interest income earned on Implementation Grant funds in each fiscal year; and shall not expend any funds except in accordance with the Project budget approved by the Agency Partners. • The Fiscal and Contracting Agent shall act in a reasonable amount of time to execute contracts with outside contractors which have been requested and approved by the Parties.

The Fiscal and Contracting Agent may request, as part of the Project budget, reimbursement for reasonable and customary costs incurred in providing the services described, including but not limited to costs for labor, benefits, administrative overhead, goods, services, and the costs associated with any 447
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internal or external audit requirements. Costs incurred by the Fiscal and Contracting Agent in furtherance of the Project that are not eligible to be reimbursed by Implementation Grant funds will be reimbursed by the other Agency Partners, upon request of the Fiscal and Contracting Agent. Such costs will be split equally among the Agency Partners.

SECTION 10. RESPONSIBILITIES OF PERPETUAL
The success of the Project is dependent upon Perpetual’s experience and expertise in designing and implementing reusable foodware systems. Upon award of Implementation Grant funds, Perpetual shall execute a professional services contract with the Lead Agency, which shall comply with 2 CFR 200.331(a)(1), to perform the scope of work identified in the Project Workplan. Compensation paid to Perpetual for its work on the Project shall be paid with Implementation Grant funds as a subaward and shall not exceed the subaward amount indicated in the Budget Description included in the Project Workplan. As a subrecipient, Perpetual shall only receive reimbursement for its actual direct or approved indirect costs in executing its scope of work related to the Project and shall not profit from the Project.

Perpetual shall design the reuse system to be implemented within the budget identified in the Budget Description included in the Project Workplan.

SECTION 11. RESPONSIBILITIES OF ALL PARTIES
Upon receipt of Implementation Grant funds, the Parties shall perform the Project, as described in the Project Workplan. The Parties acknowledge that their individual responsibilities or obligations may increase or be altered during or as a result of the System Design phase of the Project and agree that they shall take all reasonable actions necessary to fulfill those responsibilities. The Parties anticipate that their responsibilities shall include:
• Provide oversight and support to contracted or sub-awarded organizations to lead the system design and implementation.
• Attend regular planning meetings, anticipated to be at least monthly in year one. • Review budget and expenditures.
• Provide input and review of key decisions.
• Leverage existing multilingual communications channels and connections to improve stakeholder engagement, community outreach and system adoption.
• Help operator solicit food establishments and schools to enroll in the program. • Help operator find real property in Santa Clara and San Benito counties to serve as the two infrastructure hubs following the requirements for procurement of property under 2 CFR 200 (OMB Uniform Grant Guidance).
• Provide information and data to include in grant reports within the deadlines set by the Lead Agency.
• Monitor budget and project timeline.
• Maintain all records if a grant subrecipient; keep complete and accurate financial records related to accomplishing the purposes of the Project and this MOA, and in compliance with the requirements of 2 CFR 200 (OMB Uniform Grant Guidance) and 2 CFR Part 1500 (EPA Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). • To meet Timekeeping requirements, keep activity reports required to account for total activity for which each employee is compensated. The activity reports must include a description of activities, hours worked on the Project, and support for salary, wages, and fringe benefits expenditures to be paid or reimbursed with Implementation Grant funds. • To get indirect costs reimbursements, indirect cost rate proposals must be prepared in 448
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accordance with the requirements of 2 CFR 200, Cost Principles for State, Local, and Indian Tribal Governments (Title 2 CFR 200).
• Must have the Single Audit conducted during the fiscal year Implementation Grant funds or subawarded funds were expended unless the Party is exempt from the audit requirements for that year.

Additionally, the Agency Partners acknowledge that Project work specific to their respective jurisdictions, such as public outreach work, may be best performed by contracts awarded by the Agency Partners, rather than through the Lead Agency. Depending on the system design and the availability of service providers, the reusable foodware system may be operated through contract with one or multiple service providers. As such, any, several, or all of the Agency Partners may be required to solicit bids and award contracts for the work involved in operating the reusable foodware system in their respective jurisdictions. Each Agency Partner agrees to award any such contracts, as needed, through competitive bidding procedures that conform to applicable federal law and reflect applicable state and local laws and regulations. Parties should refer to 2 CFR200.318 for additional information on general procurement standards and ensure all procurements follow these requirements of 2 CFR 200 (OMB Uniform Grant Guidance). The Agency Partners shall meet and confer prior to any single Agency Partner solicitating or awarding a contract for service specific to its jurisdiction to be paid or reimbursed through Implementation Grant funds to discuss and approve the procurement process and effect of the procurement on the Project budget. Project costs associated with approved contracts awarded by the Agency Partners that are eligible for reimbursement with Implementation Grant funds will be reimbursed through subawards. Parties must provide all contracts or assignment documents and associated records to the Lead Agency for reporting, budgeting, and audit purposes.

SECTION 12. COSTS
The Parties anticipate that the awarded Implementation Grant funds shall be sufficient to successfully complete the Project, and agree to take all reasonable and necessary steps to complete the Project within the budget established for the Implementation Grant funds. Perpetual shall design and potentially redesign or modify the design of the reuse system to adhere to the budget, as it may be amended from time to time upon agreement by the Parties, so that the Project is successfully completed expending only the Implementation Grant funds. However, in the event that the designed reuse system, or the Project generally, can no longer be sustained by Implementation Grant funds alone, the Parties will immediately meet and confer to discuss how to address budget shortfalls. The Parties agree that any resolution to such budget shortfalls shall not be contrary to, nor cause a breach or violation of the obligations and responsibilities contained in the grant agreement executed between the EPA and the Lead Agency, nor be contrary to any EPA requirements associated with the Implementation Grant.

SECTION 13. DISPUTE RESOLUTION AND BREACH
Any failure by any Party to perform the responsibilities outlined herein shall be deemed a breach of this MOA. In the event of any dispute regarding the proper interpretation of this MOA, the Parties shall first immediately meet and confer to attempt to resolve the dispute. If the dispute remains unresolved, the Parties may agree to mediation or other non-binding resolution processes and, if the Parties do not so agree, the dispute shall be decided by binding arbitration before a mutually agreed-upon arbitrator.

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 449
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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, penalty, 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 MOA. The obligations set forth in this paragraph will survive termination and expiration of this MOA.

SECTION 15. SEVERABILITY
The provisions of this MOA 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 MOA will be valid and binding on the Parties.

SECTION 16. AMENDMENTS
This MOA may only be amended by a written instrument signed by the Parties.

SECTION 17. COUNTERPARTS
This MOA 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 transmission by 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 Sunnyvale. 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 19. INTERPRETATION, PRIOR AGREEMENTS AND AMENDMENTS.

This MOA, 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 MOA, the terms specified in the body of this MOA 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 MOA.

SECTION 20. NO LEGAL RELATIONSHIP
By entering into this MOA, 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 450
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right or authority to assume or create any obligation or responsibility on behalf of or in the name of any other Party.

SECTION 21. GOVERNING LAW, VENUE
The formation, interpretation, and performance of this MOA shall be governed by the laws of the State of California. The venue for all litigation relative to the formation, interpretation, and performance of this MOA shall be in Santa Clara County, California.

IN WITNESS OF, the Parties have executed the MOA as of the last date set forth below:

___________________________
City of Cupertino
Date:
_______________________
Approved as to form, Cupertino City Attorney
Date:
___________________________
County of San Benito, Public Works Administrator
Date:
_______________________
Approved as to form, County of San Benito Deputy County Counsel Date:
___________________________
City of Mountain View, City Manager
Date:

Attest:______________________
Asst. City Clerk
___________________________
City of Mountain View, Acting Public Works Director
Date:
_________________________
City of Mountain View – Finance and Administrative Services Director Date:
_________________________
Approved as to form, Mountain View Sr. Assistant City Attorney Date:
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_______________________
City of San José
Date:
_______________________
Approved as to form, San José Senior Deputy City Attorney Date:
___________________________
City of Sunnyvale
Date:
_______________________
Approved as to form, Sunnyvale City Attorney
Date:
___________________________
Perpetual
Date:
_______________________
Approved as to form, Attorney for Perpetual
Date:
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Community-Scale Reusable Foodware
System Design & Implementation
Workplan for Santa Clara County & San Benito County Coalition (Cities of Sunnyvale, Mountain View, Cupertino, and San Jose, and County of San Benito) Overall Project Summary and Approach
a. Description of GHG Reduction Measures
Single-use waste is a growing problem. Containers and packaging contribute over 23 percent of material reaching landfills in the U.S.,1 and the last few years in particular have seen the consumption of single-use plastics, including packaging and disposable foodware, increase by 250 to 300 percent.2 To address the growing waste problem, reduce emissions associated with single-use models, and begin to push a transformative shift towards reuse, the proposed GHG reduction measure is the design and implementation of a community-scale reusable foodware system for a coalition of communities in Santa Clara and San Benito Counties led by the City of Sunnyvale.

A community-scale reuse system is specifically included in the County of San Benito and County of Santa Clara Priority Climate Action Plan (PCAP) as measure COM-3: Develop a Community-Scale Reuse System.

See page 30 of the attached PCAP for additional information. The system will operate within the coalition of communities submitting this application, which is led by the City of Sunnyvale and includes the Cities of San Jose, Mountain View, and Cupertino, and the County of San Benito.

A reusable foodware system provides ‘foodware as a service’ to foodservice establishments (FSEs) to replace single-use foodware, such as cups and takeout containers. In such a system, a reusable foodware service provider supplies FSEs with reusable foodware in exchange for a per-use fee, similar to how FSEs currently purchase single-use products. FSEs are then able to serve food and drinks to their customers in those reusable items. Customers then return the reusable products to conveniently placed collection bins when they are finished using them. A reusable foodware service provider then collects, cleans, inspects, and repackages the reusable foodware items before once again redistributing them to FSEs.

The system is designed to be immersive and convenient for all, profitable for the reuse service provider(s), free or low cost to users, and comparable in cost to using disposable products for participating businesses. A document that illustrates the Physical Nodes of a Community-Scale Reuse System, developed by Perpetual through its ongoing work to establish community-scale reuse systems in four U.S. cities, is included as an attachment.

Reusable foodware systems offer a compelling solution to the waste and pollution generated by single-use foodware. Life-cycle assessments (LCAs), academic studies, startup programs, pilots, and ongoing reuse operations have repeatedly shown that, even when including impacts associated with washing and logistics, reusables can result in 2 to 10 times less lifecycle GHG emissions than disposable alternatives, in addition to waste generation, litter, and other pollution benefits.3 Pilots and startups deploying reusable items have proven that the technical capabilities exist and users can have a great experience.4 With sufficient scale, reusable foodware can be affordable and reliable for businesses. And when reuse systems are implemented community-wide or on a regional level, returning foodware is convenient for customers and can become the social norm.5 Non-profit Perpetual, a partner on this project committed to assisting with the system design and implementation, is currently working to 5 Unpacking Customer Perspectives on Reusable Packaging, Closed Loop Partners, 2018 4 Moss, 2022
3 Hitt, 2023; Gordon, 2023; Lelong, 2023; Reloop & Zero Waste Europe, 2020 2 Upstream, Reuse Wins.
1 EPA, 2014
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establish and validate just that - city-scale, community-centered, immersive reuse systems for foodware - in four cities around the U.S.6
The benefit is clear: well-designed reuse systems have the potential to be better than disposable foodware for the environment, businesses, people, and their communities. The challenge is establishing reusable foodware infrastructure and systems at sufficient scale to serve entire communities. With solar and wind electrical generation, the technological development required funding, and subsidies are still required to increase market adoption until the technologies become cost competitive with conventional power generation. With reusable foodware systems, funding support is similarly needed to overcome the capital investment required to purchase and install existing technology and equipment, and to subsidize operations until they get to critical volume and can be self-sustaining. One significant difference is that reusable foodware programs can achieve scale and cost competitiveness on a significantly shorter timeline because the technologies and equipment already exist and are mature. In a study from Zero Waste Europe, payback times were short as 3-4 years for this type of reuse model.7 Another difference is that, unlike solar panels and wind turbines, reusable foodware programs should be thoughtfully designed to fit the unique characteristics of the communities where they are implemented.

This presents an opportunity to implement systems heavily influenced by public input which can facilitate adoption through fostering community excitement and buy-in.

This proposal seeks funding for the necessary tasks and infrastructure investments to establish an effective reusable foodware system that achieves this scale. This funding would enable the procurement of the equipment and supplies for a comprehensive system design and implementation effort which includes:

A. a stakeholder engagement and community participatory design process; B. geospatial modeling of foodware flows within the city to determine optimal placement of assets and routing for collection and redistribution;
C. a parametric Life Cycle Assessment model that can run scenario analysis to assess impacts of system design choices;
D. Circularity Assessment Protocol (CAP) to provide a snapshot of a city’s circularity and current foodware and plastic packaging flows;
E. design for human behavior;
F. reusable foodware system governance structure;
G. procurement and installation of infrastructure and equipment; H. competitive process for selecting reusable foodware service provider(s) to operate the system; I. recruiting of restaurant and hospitality businesses and schools to participate in the foodware service; J. hands-on support during the launch of the system.

The final system design and items to be purchased will be determined through the community consultation and participatory design processes, with expert consultation on technical requirements, and the selection of a reuse service provider(s) to operate the system. The initial system design and enrollment efforts will be focused on restaurant takeout and delivery and reusable foodware for K-12 public schools. However, once the infrastructure is built, the system will be able to serve additional use cases, including providing reusable foodware to institutions like food courts, event spaces, corporate cafeterias, campuses, and stadiums; expanding to additional packaging formats; working with meal delivery services; and partnering with the Santa Clara County Food Recovery Program edible meal recovery and food distribution efforts. Partnering with the edible meal recovery efforts is in response to California’s Senate Bill 1383 requirements of edible food generators, to provide reusable foodware options for edible food recovery and distribution, where food that would otherwise go to waste is collected and redistributed to local food programs.

We anticipate the system will be expanded and replicated in neighboring communities either organically (e.g., service providers self-funding expansion) or through additional communities seeking grant funding 7 Zero Waste Europe, 2023
6 These cities are: Hilo, Hawai’i; Savannah, Georgia; Ann Arbor, Michigan; and Galveston, Texas 2 454
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after witnessing the transformative nature of this coalition project. In either scenario, the funding for this project will catalyze greater environmental, social, and economic benefits.

Restaurant Takeout and Delivery
Virtually all restaurant takeout and delivery happens in single-use, disposable containers, resulting in nearly one trillion disposable food service products used each year in the U.S.8 In the coalition area, more than 345 million single-use cups and containers are used and thrown away each year.9 In recognition of the exponentially growing problem of plastic waste, some steps have been taken to move away from plastic. Across the country, ordinances have been passed banning expanded polystyrene (Styrofoam), limiting single-use products like straws, or requiring that restaurants use compostable or recyclable containers. Many restaurants have voluntarily taken steps to move away from single-use plastics. However, the other single-use products that take their place have their own environmental impacts. Compostable bio-based products, for example, even when composted properly do not necessarily have lower Global Warming Potential (GWP) than plastics made from petrochemicals; when landfilled or incinerated, which they most often are, they have higher GWP. Paper packaging also produces greater lifecycle emissions than comparable plastic products. Across almost every environmental measure, reuse is better for the environment.10 Besides environmental impacts, there are detrimental health impacts as microplastics from food and beverage packaging leach into the food and drinks being consumed.11
Reusable foodware programs for to-go food and drinks have been slowly gaining traction in Europe, Asia, South America and the U.S., with 38 cup and container programs in the U.S. as of 2022, and 56 in Europe.12 These small-scale programs have proven that these systems can work technically - tracking technology, durable and appealing cup and container design, high-efficiency washing, and optimized logistics - but without the supporting ecosystem of infrastructure and messaging, the scale needed for the economics to work has been elusive. There are growing efforts to achieve this scale, and several cities in Europe have launched or are in the process of launching ambitious reuse systems for takeaway or delivery, which may catalyze further adoption.13
In the move towards reuse, a key barrier is the difficulty of competing with the dominance of single-use models, along with logistics challenges. To change behavior and consumption paradigms, individual restaurants cannot compete with disposable culture on their own, and the logistics need scale and upfront investment to be overcome. There needs to be comprehensive, system-level change that happens at an immersive and community-wide scale. The proposed measure would set up the infrastructure and system that would support exactly this type of community-scale reuse and would unlock the benefits of reuse while helping to shift the market and culture towards a more sustainable alternative.

K-12 Schools
During the 2022-2023 academic year, California’s 5.8 million public K-12 school students ate approximately 826 million meals, the vast majority of which were served on single-use foodware. In the coalition areas, this meant that approximately 250,000 students at the communities’ ~420 K-12 public schools ate most or virtually all school meals on single-use foodware. Schools are aware of the negative environmental and health impacts of exposure to certain PFAS via usage of single use food serviceware (such as links to kidney, testicular, breast cancers and other health effects including hormone disruption, damage to the immune system, thyroid disease, reduced growth hormones in children, increased cholesterol levels14), but have difficulty switching to reusable dishwashing systems at each school site. 14 CEH, 2020
13 https://zerowasteeurope.eu/press-release/launch-of-eric-project-empowers-local-authorities-to-prevent-plastic-waste-production/ 12 Living Landscape of Reuse Solutions - www.reuselandscape.org 11 Jadhav et al, Microplastics from food packaging: An overview of human consumption, health threats, and alternative solutions, 2021. https://www.sciencedirect.com/science/article/abs/pii/S2215153221001835 10 Upstream, Reuse Wins.
9 See the Technical Appendix for calculation details.
8 Upstream, Reuse Wins.
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Despite case studies showing savings when schools switch to reusables, many school districts are reluctant to systematically install dishwashers at each school site due to increased labor costs, concern over maintenance of dishwashers and, for some, a trend to move towards dry kitchens and less food preparation at each school.15
Community dishwashing hubs represent a paradigm shift towards the circular economy. School districts are an ideal anchor client for these community dishwashing hubs for three specific reasons. ● Schools have consistent volume:
○ School meal programs represent a highly predictable quantity of daily business compared to other markets (e.g., events, individual restaurants).
○ This helps counteract the impact on operational efficiency from a less consistent quantity of products generated by individual restaurant takeout and delivery orders. ○ Schools’ foodware usage is typically counter-cyclical with tourism, allowing for load-balancing and high utilization of washing facilities.
● High volumes at individual sites:
○ Cost effectiveness is maximized when collecting and delivering large quantities of products to the fewest number of individual locations.
○ A medium-size school district might generate approximately 20,000 product washes per day from a handful of schools.
● Closed loop system:
○ Reuse providers can easily collect used products at the same time they are delivering clean foodware on a daily basis.
○ Due to their contained nature, closed loop systems often achieve higher return rates yet require minimal investment for education and signage.

Role of Coalition
The coalition will provide oversight and support to contracted or sub-awarded organizations to lead the system design and implementation. Each coalition member will attend regular meetings, review budget and expenditures, provide input and review of key decisions, and leverage existing city or county communications channels and connections to improve stakeholder engagement, community outreach, and system adoption. The City of Sunnyvale, as the coalition lead, will administer the grant funds, pass funds through to coalition members and sub awardees, and be responsible for reporting to and communicating with the EPA. The City of Sunnyvale will submit an MOA signed by all coalition members by July 1, 2024 that outlines members’ roles and responsibilities in more detail.

Throughout this project, we intend to leverage the resources and expertise of Perpetual, one of our nonprofit project partners, which has experience implementing these types of community-scale reuse projects in other locations. We intend to make a subaward to Perpetual to support their involvement in the system design. See the attached Letter of Commitment from Perpetual.

Our coalition recognizes the pervasive issue of single-use waste and the negative environmental and community impacts that come from our use of disposables, and each of us has taken steps to try to address it, from enforcing ordinances to testing pilots. The City of Sunnyvale, in exploring a Disposable Foodware Ordinance that would mandate restaurants use reusable foodware for dine-in services, has tested a reusable foodware pilot where 14 participating restaurants used reusables for dine-in customers.16 Santa Clara County’s Recycling and Waste Reduction Commission Technical Advisory Committee (TAC) is working on a Request For Proposals (RFP) for a pilot to switch 3 schools within the County to reusables. City of Mountain View, in partnership with the Clean Water Fund, worked with ReThink Disposable to assist food service businesses in transitioning from single-use disposable foodware to reusable alternatives, signing up 20 participating businesses. The City of Mountain View has also been part of targeted partnerships, for example to provide reusable beer cups at the annual Art & 16 https://www.sunnyvale.ca.gov/Home/Components/News/News/230/111 15 Plastic Free Restaurants, 2023
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Wine Festival in 2023, and uses Sparkl reusable foodware for City-employee events (plates, utensils, cups), as well as for Earth Day in 2023. In San Benito County, the City of San Juan Bautista has an ordinance banning polystyrene and requiring recyclable or compostable containers for restaurant takeout. In the City of Cupertino, the Single-Use Plastics Ordinance aims to reduce plastic waste by limiting the unnecessary use of single-use plastic foodware and instead requiring fiber-based compostable (or aluminum) cups and containers for take-out, and reusable foodware for dining in.17 While these initiatives have been valuable, they also underscore the need for scale and comprehensive infrastructure to truly effect transformative change related to reuse. Achieving meaningful progress requires more substantial support than can be provided through isolated pilot programs or local legislation. In addition, the regulatory landscape in the State of California is evolving, in particular with SB 54, the Plastic Pollution Prevention and Packaging Producer Responsibility Act, which enables reusables in order to reduce the use of plastics.18 Taking steps to implement the proposed reuse system will help our communities be SB 54-ready.

Furthermore, the proposed measure represents a significant departure from the current consumption paradigm; like other significant infrastructure and resource management systems, it requires federal-level support to realize its full potential. Our coalition recognized the opportunity that the CPRG program represents to provide the support needed to make reuse happen and quickly committed to working together and making this a measure a priority. It is the type of bold and innovative approach that addresses both the immediate imperative to reduce GHG emissions and single-use waste and the broader imperative to build more sustainable, resilient communities and models of consumption.

This measure is innovative and ambitious, and an ideal fit for the CPRG program. It will result in reuse on a groundbreaking scale, and will establish infrastructure and logistics to support a transformative system with significant potential to scale within California, while the model can be expanded and replicated in other jurisdictions. It achieves GHG emissions reductions that will continue to grow as the system expands, and it simultaneously helps address the increasingly concerning waste and pollution crises generated by single-use disposables. At the same time, it achieves considerable community benefits, leveraging extensive community and stakeholder engagement to create an equitable system built for its users that creates jobs in disadvantaged communities, enhances local economic resilience, and is convenient, user-friendly, and accessible.

Features, Tasks, and Milestones
The proposed reuse system integrates several features designed to ensure success and adoption of the measure.
● Stakeholder Engagement. Stakeholder engagement is a core feature of the system design, and the first phase of the project focuses primarily on engaging key stakeholders, partners, and community members to gather input to co-design a system that works for the communities. ● Leveraging Local Partnerships. Local partners and organizations with expertise in the communities will be important partners in designing and launching the reuse system. Organizations with expertise in outreach and engagement, deep community relationships, experience in workforce development, and unique community perspectives will be leveraged to provide invaluable input, advice, and assistance to system design and implementation, ensuring that the resulting system incorporates the best available expertise, local knowledge, and fulfills community needs. ● Community Participatory Design Process and Regular Community Input. From the first mapping and engagement stage to regular opportunities for input once the full system has been launched, community input in the design and operation of the system, solicited through various multilingual channels, will be critical to ensuring community buy-in, maximizing participation, and continually improving the system to make sure it works for the entire community. ● Economic and Environmental Sustainability. Core tenets of the proposed project are environmental and economic sustainability. The system will be designed to maximize the environmental benefits, 18 https://legiscan.com/CA/text/SB54/id/2600075
17 https://www.cupertino.org/our-city/departments/environment-sustainability/single-use-plastics-ordinance 5 457
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for example through optimized logistics, using electric vehicles for distribution, and ensuring dishwashing is as efficient as possible. Economic sustainability is the ultimate goal - we will be establishing a system that, once operational, will be self-sustaining, ensuring the reuse system will serve the communities in perpetuity.

The project has been designed to follow a process similar to that Perpetual has used in other cities.

Project phases, tasks, and related assumptions and risks described in detail below. See Figure 1 later in this document for the implementation timeline.

Phase 1: Mapping & Engagement
Systems that can both represent and work for the communities in which they operate should be designed with public input and an understanding of the key components of a community including local geography, tourism flows, climate and weather, key languages, community assets, and more. This process will either be led by a nonprofit organization or put out to bid to an organization with expertise in diverse community outreach as well as equity and inclusion consideration. It will be conducted in close coordination with and with contributions from the municipalities.

Thorough stakeholder engagement and community-centered design will ensure that the system is designed and built for the communities it will serve. Local perspectives, preferences, and considerations will be incorporated into each element of the system design, helping the resulting reuse program fully meet the needs of all community members. The thorough stakeholder engagement process will also help build buy-in, driving excitement and adoption once the system is launched.

The workshops and survey(s) will seek to bring together a diverse cross-section of the community to provide input and engage with users of disposable foodware, as well as restaurant and K-12 school nutrition directors and cafeteria operators, to understand what would be needed for a reusable foodware system to work in their ecosystem. This phase may also uncover opportunities for the program to serve other groups. For example, there is already interest from edible food recovery programs (e.g., Joint Venture Silicon Valley who operates the Santa Clara County Food Recovery Program) and meal delivery programs (e.g., Meals on Wheels) in switching to reusable products.

This phase of work is critical to identify local assets, such as underutilized dishwashing facilities and transport vehicles, drop-off locations and pick-up routes for current materials management, and more.

Leveraging existing assets to the extent possible will improve the cost-effectiveness and environmental sustainability of the measure and, as such, identifying those assets will be a key component of this phase.

Tasks

1. Conduct community “ecosystem assessment”

2. Conduct a series of participatory stakeholder workshops and surveys in each community

3. Engage Reuse Service Providers: Put out an open call for reuse service providers to engage in the process and conduct initial conversations regarding providers’ current technical capabilities

4. Map the current system landscape to identify existing assets and infrastructure

5. Circularity Assessment Protocol to set baseline circularity metrics

6. Develop five-year financial model
Milestones: Ecosystem Assessment results obtained, Circularity Assessment Protocol results obtained, stakeholder workshops and surveys completed.

Assumptions & Risks: The key assumption in this phase is that there will be stakeholder support and enthusiasm for developing a community-scale reuse program. From Perpetual’s experience designing reuse systems in four different cities, there is documented strong support from local communities for reuse options. In both Ann Arbor, MI, and Galveston, TX, for example, community workshops found that 96 percent of people were likely or very likely to use a reusable cup and container if the system were available in their community. In Hilo, HI, this number was 99 percent.19 On a national scale, 84 percent of 19 https://www.perpetualuse.org
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registered US voters support increasing the use of reusable packaging and foodware and 80 percent support requiring companies to reduce their single-use plastic packaging and foodware.20 In addition, based on the support for this project from coalition members and the reusable foodware pilots already planned for several Santa Clara County schools, we believe this risk is minimal.

Aside from the risk of potential lack of community support for a community-scale reusable foodware program, which we believe is negligible, there are timeline and budget risks associated with using a participatory design process. Public participation can be time-consuming and expensive. Additionally, if executed poorly, public participation can result in negative perceptions of the project or loss of faith in community leadership (e.g., local governments). A negative experience during the participatory process may lead participants to have negative perceptions of the proposed program itself and they may be less likely to participate. These risks can be mitigated by using best practices and leveraging Perpetual’s involvement and lessons learned from community-scale reuse program participatory design processes executed in communities such as Hilo, HI; Galveston, TX; and Ann Arbor, MI.

Phase 2: System Design
The system design phase will create a system that incorporates best practices in reuse programs, represents the values of the community, and is optimized for the features of the coalition. By incorporating public input and data-driven design, the system design phase ensures that the resulting program meets community needs, is equitable, and is optimized for economic and environmental effectiveness and efficiency. During this phase, the insights from local community engagement are synthesized into a System Design Plan, which is put up for a public comment period before finalization.

The data collected will be used to create a location-specific foodware flow model which will later be used to optimize asset placement and transportation routing for collection and redistribution. Careful considerations of all these elements at the design stage generates a sustainable reuse system from the very beginning.

The resulting System Design will include technical features (e.g., infrastructure needs, specifications for reusable items, collection locations, asset tracking, etc.), financial elements (e.g., deposit vs penalty vs other for consumers, fee per use, etc.), behavioral (e.g., ensuring design aligns with human behavior, specify non-financial return incentives, etc), and governance (e.g., contracting, coalition members’ oversight roles, mechanisms for continued community input, etc.) Tasks

1. Data collection on current usage volumes for single-use items

2. Volume Modeling: Create a location-specific foodware flows model to optimize asset placement and routing for collection and redistribution. See the relevant city map attachments for an example of draft maps for bin placement throughout the coalition members’ communities. These maps are illustrative and would be verified and refined during the design process.

3. LCA Scenario Analysis: Use the parametric LCA model created by Dr. Greg Keoleian to test different system design scenarios and provide data to inform design choices.

4. Draft System Design

5. Hold a public input period to refine draft System Design

6. Finalize System Design
Milestones: System design complete. See Perpetual’s draft from the Hilo, HI Design Process document, included as an attachment, for a sample System Design plan.

Assumptions & Risks: There are few risks in this stage, aside from the data collection, analysis, and design work taking longer and costing more than expected. However, Perpetual’s experience designing systems for other communities will mitigate those risks. Public input on the draft System Design has risks similar to those in the Phase 1 participatory process, but those risks can be mitigated in a similar fashion.

One risk that could impact the expected GHG emissions reductions is if system design choices selected are different than those that have been built into assumptions incorporated in the budget and emissions 20 Ipsos and Oceana
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reduction calculations. For example, the emissions calculation is based on lifecycle emissions savings of a reusable stainless steel container compared to disposable plastic and paper containers. If the system design and stakeholder input processes result in the selection of a different material for the reusable containers, such as glass, that will affect the emissions reductions of the system.

Phase 3: System Set Up & Pre-Launch
The system set up and pre-launch phase begins implementing the design determined during the engagement and mapping process. The set up phase includes procurement of necessary assets, infrastructure, permits; identification of and operational collaboration with reuse providers; development of the pricing model and enrollment process for participating businesses; and creation of the mechanism by which the community will have an ongoing voice in system operations. As the system is set up, the focus is on establishing a system that is environmentally sustainable, equitable, and that will become economically self-sustaining.

A key element of this phase is selecting a reuse service provider or multiple providers to individually or collectively operate the washing, reusable asset collection and distribution logistics, and other elements according to specifications outlined in the System Design. There are currently 38 reuse service providers operating reusable foodware programs in the U.S.21, and we expect 6-8 of them to be competitive for this project given its scale. Priority will be given to organizations already operating in the area, if possible. The selection process will also consider the potential that the Reuse Service Provider will be a collaboration or joint venture between an existing operator and a local entrepreneur or organization.

Perpetual has experience issuing an RFP for service providers from its work in Galveston, TX22, that will be valuable to this step. Similar to how it was issued for Galveston, the RFP will likely be split into individual system components - Technology, Return Infrastructure, Reverse & Forward Logistics, Washing, and Foodware. Though it is plausible for one service provider to apply and be selected for multiple components of the system, each component will be contracted to the entity that is best fit for operational success while meeting environmental, and community needs.

Tasks:

1. Establish governance

2. Select and secure facility for washing and packaging

3. Competitive procurement process to select reuse service provider(s)

4. Procure system assets and equipment

5. Acquire required permits for washing facility and outdoor collection bins

6. Onboard participating businesses and K-12 schools for initial system launch

7. Install and test equipment with pilot businesses

8. Create reuse brand identity and communications strategy

9. Multilingual outreach and education campaigns

10. Continued stakeholder engagement
Milestones: System operator chosen; reuse assets for initial launch procured and received; initial businesses and institutions confirmed.

Assumptions & Risks: There are risks of system set up and pre-launch taking longer than anticipated, for example if the necessary permitting were delayed, which would push back the launch of the system and delay anticipated emissions reductions. However, the timeline has been structured to account for all set-up steps and necessary processes and timing, and we believe it is reasonable. Besides timing, a key assumption is that there will be a reuse service provider(s) who will respond to the RFP and will be able to effectively service the system. Perpetual can confirm from its experience and the Galveston RFP process that there are currently existing service providers who could provide every necessary component of a reuse system, and that service providers would be eager to respond to the opportunity 22 Perpetual, 2024
21 Reuse Landscape, 2024
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to service a system that has received grant funding to overcome the initial barriers; as a result, the risk of this assumption being unreasonable is essentially zero.

Phase 4: Initial (Pilot) Launch
This phase will launch a pilot version of the reuse system with a subset of businesses and schools.

Learnings from the initial launch will provide useful feedback on gaps and improvements needed before the full launch.

Tasks:

1. Mobilize volunteers to support system success during first two weeks of system operation

2. Hands-on support for system success

3. Promote launch
Milestones: Initial system launched (April 2026)
Assumptions & Risks: The risk of the pilot launch is that it will uncover significant unanticipated issues that will affect the full system launch. While this could delay the full launch and require resources and attention to address, identifying any potential issues during this initial launch will help test the system and ensure the success of the full launch. This risk is not expected to affect overall GHG emissions reductions.

Phase 5: Full System Launch
The full launch of the system is expected in January of 2027, targeting initial adoption among 5 percent of restaurants in Sunnyvale and the other Santa Clara County cities and 20 percent of restaurants in San Benito County.

Tasks:

1. Monitor system performance and address gaps

2. Continue enrolling businesses

3. Install equipment with businesses and schools for full system Milestones: Full system launched (January 2027)
Assumptions & Risks: The assumption built into the budget and emissions calculations has been the initial adoption rate of reusables among restaurants and schools in the communities. If adoption is lower than anticipated, that will lower the resulting emissions reductions. Based on Perpetual’s experience, validation from existing pilots, and reports from reuse service providers, we believe that the assumed initial adoption rates are reasonable and achievable and that the risk of not meeting them is low.

Phase 6: Expansion & Improvements
Once launched, continual monitoring and improvements will be important to ensuring the reuse system is operating as intended and meeting the needs of users and participating restaurants and schools.

Ongoing marketing and outreach efforts to enroll additional participants will ensure gradual expansion of participation.

Tasks:

1. Monitor and improve system performance

2. Enroll additional businesses and schools

3. Ongoing engagement and outreach

4. User experience research

5. Regularly report operational and impact metrics
Milestones: Report on first year of operations (2028), including operational and impact metrics, and regular subsequent reporting
Assumptions & Risks: Once the system is operational and grant funding is no longer subsidizing operating expenses, there is an inherent risk that the system will not be viable without external funding support and will not be able to continue operating after the program period. If the system ceases to operate after the program period, the anticipated emissions reductions of the measure beyond 2030 9 461
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would not be realized to the extent expected. Though the infrastructure and assets could be repurposed, without the broader system, the impact would be less transformative.

We believe this is an unlikely outcome. The barrier to establishing effective reuse systems at scale is the upfront investment required. The components of the system and pilot programs have proven the potential for success at scale and shown that it is possible to create a system that is profitable for the reuse service provider(s), free or low cost to users, and comparable in cost to using disposable products for participating businesses. Furthermore, immersive reuse systems are already happening in other places, and by the time of this program’s launch will be in additional locations through Perpetual’s current work. In Denmark, the City of Aarhus and TOMRA have partnered to implement a reuse system for takeaway packaging.23 In Monaco, a reusable glass container system for takeout is available around the city.24 In addition, Zero Waste Europe (ZWE) is working on to-go reuse initiatives in more than a half dozen cities. Through Perpetual’s work, city-scale reuse systems for restaurant takeout are being set up in Galveston, Texas25, and Hilo, Hawaiʻi.
26 The risks of launching reuse have been addressed by these other systems and countless pilots, and there are no challenges in implementing this measure that have not been previously overcome.

The commitment of the coalition members to this measure, the expertise of Perpetual’s ongoing work and ability to leverage their resources from other cities, in conjunction with the experience of local organizations, and the transformative potential of reuse once it overcomes the initial capital requirements mitigate this risk and smooth the path for an effective and innovative system. b. Demonstration of Funding Need
Reusable foodware and packaging pilots and efforts to date have successfully validated the essential elements of reuse systems for economic and environmental viability. There are examples of refillable beverage container systems operating at scale, hygiene and safety measures have been successful, and reuse services are being further codified in the next supplement to the 2022 FDA Food Code.27 However, a key insight from these efforts is the importance of scale. Broad adoption of reuse requires that receiving and returning reusable items be convenient for users and that replacing disposable items with reusables not impose an economic or operational burden on businesses. To get to this point, community-scale reuse systems require support to get started and achieve scale and operating efficiencies, and they need a timeline that allows for the shift in behavioral norms needed to enable the mainstream success of reuse systems.

Reusable foodware systems require specific infrastructure, such as collection bins, transport vehicles and dishwashing machines. While some reuse service startups are using debt or investment capital to get started, receiving grant support for this infrastructure would allow the reuse service provider to charge a lower per-use fee sooner, lowering the cost burden on participating restaurants and foodservice operators. This enables the system to be economically self-sustaining more quickly and with lower risk.

There are no funding sources available on the scale needed to implement reuse as a community-scale climate solution. Some other entities have been successful at leveraging other grant opportunities, such as the EPA Solid Waste Infrastructure for Recycling (SWIFR) grant program, to apply to reuse, and the Pollution Prevention grants can address source reduction, but these opportunities are much smaller than the scale needed for true reuse impact, and there are not otherwise existing dedicated opportunities.

Given this lack of dedicated funding opportunities, the City of Sunnyvale has not received funding to implement the type of community-scale reuse system proposed. The City of Sunnyvale and other coalition members have recognized that replacing single-use foodware with reusables represents an opportunity to reduce both GHG emissions and waste, and have explored options that they can take on to encourage the use of reusables in restaurants. In the City of Sunnyvale, we have been exploring a Disposable Foodware Ordinance that would mandate restaurants use reusable foodware for dine-in 27 FDA, 2023, FDA 2022 Food Code
26 Perpetual - Hilo, 2024
25 Perpetual - Galveston, 2024
24 Monaco Life, How to use MaConsigne’s Reusable Take-Away Containers 2022 23 TOMRA and Aarhus City enter collaboration to create innovative reuse system, 2023 10 462
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services. After conducting a survey to assess potential impacts of such an ordinance on local businesses and consumers, the City tested a reusable foodware pilot where 14 participating restaurants used reusables for dine-in customers.28 Similarly, the coalition members have also recognized the importance of and taken some steps toward encouraging the use of reusables in foodware, including the local ordinances, partnerships, and pilots identified in Section 1A. While these efforts have been positive steps, they provide neither the funding nor the transformative support on the scale needed to implement an effective reuse system that achieves its full potential environmental and economic benefits. CPRG support is integral to do something transformative.

Just as government funds have been foundational to establishing today’s waste management and recycling systems, government funds are essential to establishing the reuse systems now increasingly recognized as far more effective and beneficial than their predecessor systems. A distinction with the proposed reuse system is that, while government funding has continued to support the ongoing operations of waste management and recycling systems past the initial establishment, the proposed reuse system only requires funding to get established; it is designed to be self-sustaining and fully operated by a private reuse service provider(s) after the initial period of start-up support.

CPRG funds would provide this support to achieve the necessary scale and ease of use, unlocking the environmental and economic benefits of reuse. This funding would provide the influx of support that would allow the system to deploy, allow the reuse service provider to charge a lower per-use fee sooner, lower the cost burden on participating restaurants and foodservice operators, and enable the system to be economically self-sustaining more quickly and with lower risk. CPRG funds in particular are an excellent fit for launching reuse systems, as these systems require initial financial support to deploy, yet they deliver cost-effective GHG and pollution reductions along with a range of other benefits to local communities and society as a whole.

Economic sustainability is a core premise of this project: the goal is to establish a reusable foodware system that generates enough revenue to be economically self-sustaining over time. The objective is for a Reuse Service Provider to be successfully established in the area with a revenue model that supports the ongoing operations of the reusable foodware system over time without the need for other funding (such as philanthropic or government). CPRG funding would overcome the initial barriers that, without such support, would limit convenience for consumers, affordability for businesses, or prevalence required to shift social norms. In this way, this project ensures that, once established, this service continues to provide reusable foodware, and the resulting benefits, to the communities it serves indefinitely.

Perpetual has received funding to support these types of community-scale reuse projects in other locations. From this funding, it has developed resources, tools, and data needed to establish reuse systems. To leverage these resources for our coalition, CPRG funds are needed to bring Perpetual’s expertise from its ongoing work in other cities to design and implement an effective reuse solution for our communities. A potential future source of funding could come from SB 54 enabling reusables to reduce the use of plastics and shifting the plastic pollution burden from consumers to producers. The Producer Responsibility Organization will be funding certain activities by raising $5 billion from industry members over 10 years. This could be an opportunity for future support, which could fund expansion of the reuse system, while CPRG funding would provide the kind of transformative support that is needed now to set up viable and self-sustaining reuse programs. c. Transformative Impact
Reuse is a transformative climate solution. Life-cycle assessments (LCAs), academic studies, startup programs, pilots, and ongoing reuse operations have repeatedly shown that, even when including impacts associated with washing and logistics, reusables can result in 2 to 10 times less lifecycle GHG emissions than disposable alternatives.29 Beyond the immediate GHG emissions reductions that will come from implementing a community-scale system, reuse is an innovative and replicable measure that 29 Hitt, 2023; Gordon, 2023; Lelong, 2023; Reloop & Zero Waste Europe, 2020 28 https://www.sunnyvale.ca.gov/Home/Components/News/News/230/111 11 463
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can be scaled up within our communities and transferred to other jurisdictions, driving behavior and consumption paradigm shifts that will lead to significant additional emissions reductions as it scales.

The transformative power of the community-scale reuse system proposed in this application comes from the infrastructure it develops. Once established, this infrastructure enables other settings, users, and applications to offer reusable options and achieve the environmental benefits that come from reuse.

Infrastructure built for the open system designed around restaurant takeout and delivery can also be used by institutions, cafeterias, event spaces, and other closed venues. It can accommodate other packaging formats, serve additional surrounding areas, and make reuse the norm in our communities. It can expand to adjacent programs, including meal recovery efforts.

By the time this project is moving into implementation, there will be several examples of city-scale reuse projects functioning at scale. Through Perpetual’s work, both Galveston, Texas and Hilo, Hawai’i will have operational systems. The impact results, learnings, and examples of proven success from these and our coalition’s reuse system will streamline every future reuse project. They will make system replication and =adoption easier, accelerating reuse and its transformative climate benefits across the country.

Impact of GHG Reduction Measures
Magnitude and Cost Effectiveness of GHG Reductions
The estimated GHG reductions are based only on the totals for the coalition communities. We expect additional communities to implement similar programs after success is demonstrated by this coalition project, in which case the GHG reductions resulting from EPA funding would be many times greater.

Cumulative GHG Reductions (2025-2030) 7,916 Mt CO2e
Cumulative GHG Reductions (2025-2050) 86,304 Mt CO2e
Cost Effectiveness of GHG Reductions (2025-2030)* $6,107 / Mt CO2e *Cost effectiveness of GHG reductions = (Requested CPRG funding) / (Sum of Quantified GHG reductions from CPRG funding from 2025-2030)
The measure will result in a permanent reduction in cumulative GHG emissions, and the transformative and scalable nature of the measure means that emissions reductions will increase as the system expands. The primary GHG reductions come from the avoided production of single-use items. A key factor that affects the magnitude of these benefits is the number of (re)uses in the lifecycle of a reusable container, and a key requirement to achieve these benefits is scale. Since CPRG funding will be establishing a system that has been designed to operate at scale, and reusable containers will directly replace single-use items, the emissions reductions are permanent and will increase as the system grows.

CPRG funding would establish a system that, without such an influx of support and given the lack of other dedicated opportunities at a similar scale, would not otherwise be created. Once the infrastructure is established, the reuse system will scale after the program period: more equipment will be purchased, reusable assets will be added, and more restaurants, schools, and communities will be served. Because CPRG funding will be directly and solely responsible for the creation of the reuse system, designed to be self-sustaining to operate in perpetuity, all lifetime emissions reductions that result from the system, including as it scales, can be attributed to the CPRG funding used to set it up.

See the attached Technical Appendix for annual and cumulative emissions reductions from 2025 through 2050 and the methodology and assumptions used.

Environmental Results – Outputs, Outcomes, & Performance Measures A & B. Expected Outputs, Outcomes, and Performance Measures The expected outputs and outcomes of the reuse system are listed below. For each output and outcome, suggested performance measures to track progress are listed. The performance measures identified are 12 464
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the minimum measures expected to be tracked. Others may be identified during the system design process.

To track progress toward achieving the expected outputs and outcomes associated with the reuse system, required tracking and reporting by the reuse service provider(s) will be a key source of updates.

As part of the RFP and contract established with the reuse service provider(s) selected, metrics and reporting requirements will be outlined and agreed upon. This reporting will go to the governing entity of the reuse system, either the coalition or a separate governing body if determined / established during the system design process.

Perpetual and the coalition members, as subrecipients, will be required to report on progress and expenditures of funds to the City of Sunnyvale. Purchases of equipment and supplies, categorized as participant support costs, will be tracked closely by the City of Sunnyvale as the manager of the grant.

Reporting from the reuse service provider(s) and subrecipients will be included in regular reports provided by the City of Sunnyvale to the EPA. The required semi-annual and final reports will summarize technical progress, accomplishments, and milestones achieved. Outputs and outcomes will be described, planned activities for the next six months identified, and a summary of expenditures to date provided.

Each report will include an update on community engagement, with the substance of the updates and results provided largely by Perpetual and other local organizations involved as relevant. Progress on job quality will also be described. Input from local organizations and partnerships with local job training groups will help ensure high quality employment opportunities, and tangible steps toward defining employment practices required of the reuse service provider(s) will be identified.

To quantify actual GHG emissions reductions, data from the reuse service provider(s) will provide information that has as yet been limited or nonexistent. Key areas of impact have been identified by existing research and include the transportation and washing processes, with return rate having a significant impact on overall emissions reduction potential of reuse. As the reuse system becomes operational, actual data from the reuse service provider(s) on the washing stage (e.g., hot water use, electricity) and transportation (e.g., miles driven) will improve emissions estimates and impact calculations.

Output /
Outcome Outputs & Outcomes Performance Measures Approach & Plan Output Establishment of
reusable foodware
infrastructure and
services
Equipment, infrastructure, and associated
service will be set up and operational on
a pilot scale by April 2026 and full scale
by January 2027.

Coalition will meet regularly with nonprofit partner(s) leading system design and implementation to ensure
progress towards system set-up. Participant support
costs will go largely to establishing the system
infrastructure, and close tracking and reporting of
expenditure of funds will be required.

Output Creation of regionally
cohesive system that
functions across city
and county lines
Participation in reuse system across
city/county lines is seamless (e.g.,
reusable container received in City of
Sunnyvale can be returned in city of
Cupertino)
Incorporate regional stakeholder input in system
design to ensure interoperability. Make decisions on
branding, marketing, and system design with regional
cohesion in mind.

Output Strong adoption among
foodservice
establishments
5 percent of restaurants /
foodware-using businesses across Santa
Clara County coalition communities and
20 percent in San Benito County will
participate in the system in the first year.
25 total public schools in coalition
communities will participate in the
system in the first year.

Outreach and onboarding to target restaurants and
enroll schools. Reuse service provider(s) required to
report on number of participating businesses and
schools. Coalition to receive regular updates in
meetings.
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Output Acceptance and usage
by community users
90 percent or greater return rate of
reusable items from consumers
Reuse service provider(s) required to report on return
rate and average amount of time before items are
returned.

Output Transparent and
accountable reporting
Complete semi-annual progress reports
are submitted on time to the EPA
Comprehensive final report is submitted
on time to the EPA
Coalition members will meet regularly (anticipate
monthly at least in Year 1) and will include reporting
as an agenda topic. Expect that the nonprofit(s)
involved in system design will assist with assembling
report content. City of Sunnyvale will be responsible
for submitting the reports to the EPA.

Outcome GHG emissions
reductions
~7,900 Mt CO2e by
2030
Number of reusable cup & container uses Reuse service provider(s) required to report number of reusable product uses, which will be used to
estimate emissions reductions. Further, the service
provider(s) will be required to provide key metrics to
refine GHG emissions estimates, such as monthly
electricity bill, vehicle fuel or electricity consumption, water use, etc.

Outcome Reductions in waste
generation:

Reduction in foodware
waste generated by
participating businesses
& schools
(>2,500 tons by 2030)
Reduction in single-use
plastic foodware items
(>1,500 tons by 2030)
Number of reusable cup & container uses Reuse service provider(s) required to provide usage data. Use the number of reusable cup/container uses
to estimate the number and mass of avoided
single-use items.

Outcome Financial savings to city
waste management
departments from
reduction in waste
generation and avoided
collection, processing
and disposal costs
Number of reusable cup & container uses Reuse service provider(s) required to provide usage data. Use number of uses to determine number and
mass of avoided single-use items. Use city waste
management costs to calculate savings.

Outcome Jobs created, including
jobs for people living in
LIDAC communities
(70-80 FTEs created by
2030, with a majority in
LIDAC communities)
Number of FTEs
Number of FTEs living in LIDAC
communities
Reuse service provider(s) required to provide job data
C. Authorities, Implementation Timeline, and Milestones The City of Sunnyvale, as well as each coalition member, have authority to implement the proposed system in their communities.

The implementation of the proposed measure will be a collaborative effort between the coalition, key project partners, and the reuse service provider(s) once selected. The City of Sunnyvale, as the coalition lead, and other coalition members will work closely with Perpetual and other organizations with relevant expertise to implement each phase of the project and ensure a successful reuse system is established. 14 466
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Implementation will involve close collaboration between city departments, restaurant representatives, relevant community organizations, school representatives, and other stakeholders.

The MOA will clearly outline roles and responsibilities of each party. The general structure will be set up with the City of Sunnyvale administering the grant funds and passing through funding to other coalition members and nonprofit partner organizations. Coalition members will contribute support, assist with engagement and outreach, leverage city communication channels and connections, and participate in meetings. Perpetual and / or other nonprofit organizations will fulfill the responsibilities of conducting outreach and designing and implementing the system. Perpetual will provide technical advice to inform system design and input based on reuse systems set up in other cities. Once selected, the reuse service provider(s) will assume responsibility for operating the system and taking necessary set up steps such as obtaining permits.

Through regular coalition meetings and close collaboration with partner organizations, the reuse system will be implemented according to the timeline outlined in Figure 1, targeting a full launch of the system in January of 2027. This timeline assumes a grant award date of October, 2024. Key milestones of each stage are shown in green.

Figure 1: Implementation Timeline
Phase Q4 2024 Q1 2025 Q2 2025 Q3 2025 Q4 2025 Q1 2026 Q2 2026 Q3 2026 Q4 2026 2027 2028 2029 Grant Reporting Semi-Annual
Report
2nd
Semi-Annual
Report
Semi-Annual
Report
Semi-Annual
Report
Semi-Annual
Reports
Semi-Annual
Reports
Semi-Annual &
Final Report
Coalition Meetings
Mapping & Engagement Grant
Award
Mapping &
Engagement
Complete
Community “Ecosystem
Assessment”
Map the Current Landscape
Circularity Assessment Protocol
Stakeholder Workshops & Surveys
Engage Reuse Service Providers
Map the Current Landscape
Circularity Assessment Protocol
Develop 5-year financial model
System Design System Design
Complete
Data Collection on Disposable Use
Volume Modeling
LCA Scenario Analysis
Public Input Input on Draft
System Design Plan Draft System
Design
Final System
Design
System Set Up & Pre-Launch
Establish Governance Governance
Established
Select Service Provider(s) RFP Issued Provider(s)
Selected
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Select and Secure Facilities Facilities
Secured
Procure Assets & Equipment Assets
Procured
Acquire Permits Permits
Acquired
Enroll & Onboard Businesses &
Schools
Initial
Participants
Confirmed
Install & Test Equipment
Create Reuse Brand Identity Brand Identity
Created
Outreach & Education Campaigns
Initial (Pilot) Launch Initial
Launch
(April)
Mobilize Volunteers to Support
First Two Weeks
Hands-On Support for Pilot Launch
Promote Launch
Full System Launch Full System
Launch (Jan)
Monitor Performance & Address
Gaps
Enroll Additional Businesses &
Schools
Install & Test Equipment
Expansion & Improvements
Enroll Additional Businesses &
Schools
Monitoring & Improvements
Ongoing Engagement
User Experience Research
Report on Operations Report on
1st Year
Report on
Operations
Low-Income and Disadvantaged Communities
a. Community Benefits
The proposed project will result in both direct and indirect benefits to low-income and disadvantaged communities in the areas served. Maximizing the benefits to these communities and incorporating their input will be key considerations throughout the community engagement and system design stages, as well as an ongoing focus once the system is operating.

Based on the CEJST tool, the project area includes a total of 79 LIDAC census tracts in Santa Clara and San Benito Counties, with three LIDAC census tracts in San Benito County located near the city of Hollister and the remaining LIDAC census tracts located in the coalition cities within Santa Clara County. The San Benito County LIDAC tracts include a population of 15,787, or 23 percent of the county population. The Santa Clara County tracts include a population of 385,871, or 30 percent of the population of the communities in this coalition.

There are an additional 15 census tracts in Santa Clara and San Benito Counties that are considered high pollution burdened based on the CalEnviroScreen tool, 3 in San Benito County and 12 located in the 16 468
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Cities of Sunnyvale, Cupertino, San Jose, and Mountain View. The figures below show the LIDAC and high pollution tracts identified in the PCAP for the area.

Source: San Benito and Santa Clara Counties PCAP
Source: San Benito and Santa Clara Counties PCAP
The vast majority of San Benito County corresponds to three high pollution census tracts. There is a high concentration of LIDACs and high pollution census tracts in the northeastern portion of Santa Clara County, which corresponds to where a larger portion of the County population resides. This concentration will be taken into account in the system design phase and will contribute to the location selection for washing facilities, which will directly benefit LIDAC communities by creating high-quality green jobs and economic opportunities.

The reuse system described in this application requests funding to establish two washing facilities, one in San Benito County and one in Santa Clara County, and all of the associated logistics infrastructure to support community-wide use of reusables. This infrastructure will create numerous high-quality jobs in sorting, washing, packing, distribution, collection and other logistics, as well as supervisory roles. The system is expected to create an estimated 56 jobs in the first year of operation and 79 by the end of the grant performance period. While exact site location will be determined in close coordination with the 17 469
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communities and other stakeholders during the system design process, the plan is to locate the washing facilities in low-income and disadvantaged communities to ensure that the job creation benefits are directed to these communities as much as possible. In San Benito County, a wash hub near Hollister would serve the geographic area with the most demand and would provide job opportunities for the LIDAC communities in that area. In Santa Clara County, where the washing facility would serve the Cities of Sunnyvale, Cupertino, San Jose, and Mountain View, the intention is to locate the wash hub in the eastern side of San Jose, where several LIDAC tracts are located. Though this is not the geographic center of the communities in the county, proximity to the largest population center of San Jose and the LIDAC communities that could benefit from the job opportunities it creates would make this location favorable.

Job opportunities will continue to increase as the system scales, and an emphasis will be placed on maximizing opportunities for LIDAC communities and for workers from disadvantaged populations as much as possible. During the stakeholder engagement phase, we will coordinate with local job training, workforce development, and similar organizations that serve these communities and have relevant expertise, and the system design will incorporate their feedback and suggestions.

Single-use plastic waste and pollution disproportionately burden lower income and disadvantaged communities.30 With solid waste facilities usually located near these communities, they are most exposed to the resulting air, water, and soil pollution. However, alternatives to single-use plastic tend to be more expensive and some reuse programs have requirements that make them inaccessible for lower income communities. Lower cost restaurants and foodservice options are more likely to serve food and drinks in disposable foodware, increasing the exposure of vulnerable communities to chemicals of concern while also increasing the amount of trash that they are responsible for disposing of. Establishing a reusable foodware system that equitably serves the whole community provides a much needed alternative where none exists today. This system will give people a cost-free option to avoid the use of single use foodware and all of its associated challenges. Along with increased access to reuse services, increased awareness of reuse options and enhanced community engagement are additional benefits.

Reduced use of single-use items, of which the majority are not widely recyclable, reduces the need for communities to find new capacity to manage waste such as landfills and incineration, which are often located near disadvantaged communities. Research has shown that in many cities disadvantaged neighborhoods often have less access to waste management services, leading to higher litter rates. This program can reduce this burden.31
The small business community is a subset of the populations covered that will benefit from the proposed measure. The reuse system will result in decreased reliance on the global disposables supply chain, leading to increased stability of foodware costs, which is particularly important to small business owners in a low-margin industry.

Potential negative impacts to low-income and disadvantaged communities could arise around the accessibility of reusable options, but these impacts will be mitigated by inclusive program design. For example, some reuse pilots have been designed using a deposit system, where a user pays an upfront deposit to borrow a reusable container, with this deposit returned once the container is returned.

However, this approach, which requires a credit card or bank account, access to a smartphone, or a financial deposit upfront, can limit inclusion and accessibility of the system particularly for low-income and disadvantaged communities. The reuse program established through this grant will be intentionally designed to be equitable and accessible and will include options to use the system without a smartphone, credit card, or bank account. For instance, it could be designed to accommodate the use of benefits cards and/or transportation cards for engaging in the system.

Assessing and quantifying the benefits and avoided disbenefits to low-income and disadvantaged communities will be included in the performance tracking and reporting of the system. Specific processes will be determined in conjunction with the communities and with reuse service providers as part of the community engagement and system design processes, and considerations have been integrated into the engagement approach described in the next section. 31 EPA, Equity in Solid Waste Management, 2023
30 UNEP, NEGLECTED: Environmental Justice Impacts of Marine Litter and Plastic Pollution, 2021 18 470
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b. Community Engagement
Community engagement is a core element of program design and implementation. Incorporating community perspectives in the project design includes all community stakeholders, including low-income and disadvantaged communities, and intentional efforts are planned to include these communities in the development and implementation. A local organization will be selected to work as a partner and lead in the engagement phase of the project, leveraging local expertise and connections to maximize participation and facilitate outreach. Coalition agencies will also be closely involved in the engagement phase and will promote engagement opportunities for businesses and residents through their outreach channels.

The first phase of the project will involve identifying and reaching out to relevant local stakeholder groups and leveraging local organizations to ensure all stakeholders have been identified and contacted.

A series of community participatory design workshops will be used as a key mechanism to engage with stakeholders. In order to engage the greatest number and diversity of people in the design workshops, local organizations will assist with the outreach, including using existing channels and going to existing community forums and meetings to introduce this work and let people know about opportunities to be involved and to provide input. Design workshops will be advertised through various print and digital outreach avenues in languages to be confirmed by coalition members, expected to be English, Spanish, Vietnamese, Russian, and Chinese (including Mandarin and Cantonese).

To facilitate community member attendance, days, times, and duration of meetings will be chosen that are convenient for participants with different types of jobs or other responsibilities. To ensure that workshop attendance is inclusive and representative, each workshop will provide reasonable incentives and accommodations, such as making childcare and food available and reimbursing travel and other expenses for those who need it. The workshops themselves will provide a hands-on experience of the reuse system to give people a chance to experience the elements of a reuse system so that they can provide meaningful feedback on design choices. Time in the workshops will be balanced between providing enough context for participants and deep listening. There will be a range of ways for participants to provide input - spoken, written, open form, survey.

Site selection will be a highly collaborative and community-centered process. Given the intention to locate the washing facilities in LIDAC tracts to maximize the job opportunities for these communities, integrating their input into site selection will be essential. This collaborative selection will be part of the system design phase.

Beyond the workshops, there will be opportunities for engagement and input throughout the process, including after the initial pilot launch and following the full system launch. Community engagement will be conducted regularly to understand what is working and what needs to be improved. Post-launch engagement may take the form of written and online surveys, listening sessions, and focus groups. This process will ensure that the community feels a sense of ownership in the program and that it continues serving the community’s needs. Feedback from this engagement may be used to expand the program to other packaging formats. Further, the behavior analysis planned pre- and post-launch can help inform this engagement and where focus should be placed.

Job Quality
Job creation is one of the direct outcomes of the proposed measure, and ensuring job quality, a diverse workforce, and high road labor practices will be integrated into the system design. Good Jobs Principles will be integrated into the design of the system’s workforce management, from the recruitment and hiring stage to career advancement. To ensure jobs created are high-quality and promote a diverse, skilled workforce, the below strategies and commitments will be followed.

Recruitment and Hiring: Applicants will be actively recruited from diverse pools, especially from underserved communities. Local jobs organizations will be contacted to share job opportunities among their networks. The San Jose Conservation Corps is one organization that is very interested in this issue and is representative of underserved communities. Applicants will be evaluated and treated equally. To 19 471
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integrate the commitment to hiring from local communities, particularly LIDAC tracts, the RFP to select a reuse service provider(s) will require a local workforce component with training and hiring incentives for local residents.

Job Quality: Workers will have a safe, healthy, and accessible workplace, built on input from workers and their representatives. Workers will have job security without arbitrary or discriminatory discipline or dismissal. They will have adequate hours and predictable schedules. The use of electronic monitoring, data, and algorithms will be transparent, equitable, and carefully deployed with input from workers.

Workers will be free from harassment, discrimination, and retaliation at work. All workers will have equal opportunity and will be respected, empowered, and treated fairly. Diversity, Equity, Inclusion, and Accessibility (DEIA) will be a core value and practiced norm in the workplace. Individuals from underserved communities will not face systemic barriers in the workplace.

Pay and Benefits: Workers will be paid a stable and predictable living wage, and pay will be fair, transparent, and equitable. In California, the state minimum wage is $16/hour. The coalition cities have higher minimum wages ($17.55 in San Jose; $18.75 in Mountain View; $18.55 in Sunnyvale; $17.75 in Cupertino), and the highest rate will be used as the base hourly rate across the entire coalition area.

Workers' wages will increase with increased skills and experience. Workers will be provided benefits that promote economic security and mobility and include paid leave and workforce flexibility.

Skills Development and Advancement: Workers will have equitable opportunities and tools to progress to future good jobs within their organizations or outside them. Workers will have transparent promotion or advancement opportunities.

Programmatic Capability and Past Performance
a. & b. Past Performance & Reporting Requirements
The City of Sunnyvale has a record of successfully completing assistance agreements. State CalRecycle grants the City has performed within the within the last three years, or is currently performing, include:

Project 1: AD and Composting
● Assistance agreement number: Grant Number: ORG5-21-0006 ● Federal or non-federal funding agency and assistance listing number: CalRecycle, assistance listing number not applicable
● Contact from organization that funded the assistance agreement: Molly Park; [email protected]
● Description: Grant funds will be used to replace food scraps pre-processing equipment and recovered organics diversion at the permitted Sunnyvale Materials Recovery and Transfer Station by purchasing integrated food scraps pre-processing system, and one shredder for recovering organic materials from the municipal solid waste processing line. ● Status: Staff expects to complete the final installation of the Shredder and SSO Equipment in May 2024. Equipment has been built, shipped and received either to SMaRT or to a storage location.

Some installation of the SSO Equipment has been completed. Building permit submissions are in progress for the final installation.
● Reporting: Starting in May 2022, the City has been submitting periodic grant reports to CalRecycle every 3 months. Progress as well as delays in projects are promptly reported to CalRecycle.

Project 2: SB 1383 Local Assistance Grant Program (OWR1: 2021-22) ● Assistance agreement number: Grant Number: OWR1-21-0497 ● Federal or non-federal funding agency and assistance listing number: CalRecycle, Grant ID 25382 ● Contact from organization that funded the assistance agreement: Jayme Tesser; [email protected]
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● Description & Status: Grant funds were used to partially fund City’s portion of the edible food recovery program facilitated by Santa Clara County. Funds will also pay for a term-limited City staff position that will implement, monitor, enforce, and educate around SB 1383. ● Reporting: City has submitted progress reports on time for the duration of this grant.

Project 3: SB 1383 Local Assistance Grant Program (OWR4: 2023-24) ● Assistance agreement number: Grant Number: OWR4-22-0375 ● Federal or non-federal funding agency and assistance listing number: CalRecycle, Grant ID 27876 ● Contact from organization that funded the assistance agreement: Jayme Tesser; [email protected]
● Description & Status: City of Sunnyvale will use these funds for procurement of mulch and recycled organic waste products, their portion in the edible food recovery program administered by Santa Clara County, two years of SB 1383 data management and outreach. ● Reporting: The grant was awarded in Feb. 2024. Once the City obtains and begins using the funds, they plan to meet all progress report deadlines on time.

Project 4: Coronavirus Relief Fund Cares Act and State and Local Fiscal Recovery Funds (SLFRF) ● Assistance agreement number (if applicable):
● Federal or non-federal funding agency and assistance listing number: 21.019 (CRF Cares Act) and

21.027 (SLFRF funds)
● Contact from organization that funded the assistance agreement: No direct contact; funds came from CA state and Dept. of Treasury, respectively
● Description & Status: The CARES Act CRF funds were used for payroll for public health and safety employees, small business assistance, housing support, economic support, food programs, personal protective equipment, public health expenses, budgeted personnel and services diverted to a substantially different use and workers compensation. The ARPA SLFRF funds were used for Public Safety Services, including: police field and fire protection services for City of Sunnyvale residents; responding to emergency, non-emergency fire events, and medical emergency services; enforcing state and local laws; and investigating criminal activity. ● Reporting: Reports were submitted for 5 cycles to State of CA Dept of Finance, last report was submitted June 2021
Project 5: Silicon Valley Clean Energy Community Resiliency Grant ● Assistance agreement number: N/A
● Federal or non-federal funding agency and assistance listing number: Silicon Valley Clean Energy (SVCE)
● Contact from organization that funded the assistance agreement: Silicon Valley Clean Energy, 333 W El Camino Real #330, Sunnyvale, CA 94087, (844) 474-7823 ● Description: The City of Sunnyvale is currently finalizing the construction on the new City Hall building as part of the Civic Center Campus Modernization project, with the building designed to be LEED Platinum, zero net energy, and have a solar plus battery energy storage system (BESS) designed to keep the building running in case of power outages. In order to supplement the costs of this building, Sunnyvale applied for funding through SVCE’s Community Resiliency grant funding program. ● Status: Sunnyvale was awarded $1 million. The funding was utilized to offset the costs of the solar and BESS for the building. An additional $327,000 was awarded to Sunnyvale through the same SVCE grant program to purchase and install four EVArc units from Beam. The EVArc units are stand alone, solar arrays designed to power EV charging stations and can be used as emergency power supply when needed. Similarly, Sunnyvale worked with SVCE to meet all the timelines, communication needs and complete the project. Both projects have been fully reimbursed by SVCE. ● Reporting: Sunnyvale reported updates to SVCE as requested, on a quarterly basis. Any delays in the project were communicated in a timely manner, but ultimately the project was completed within the 21 473
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grant timeline. Sunnyvale partnered with SVCE to do press and publicity on the project, supply a presentation on the project, pictures and other collateral as requested.

Coalition members also have a record of effectively managing a variety of grants and programs. The City of San Jose, as a sub-awardee, has a long history of administering local, state, and federal grants supporting a wide variety of programs. This external assistance has provided tens of millions of dollars in funding that has appreciably advanced City service programs in housing, economic and workforce development, energy, public safety, transportation, water supply, wastewater resource recovery and solid waste management.
c. Staff Expertise
Three individuals from the City of Sunnyvale will be directly involved in managing and administering this grant and have useful experience to contribute to successfully support the project’s implementation.

Shikha Gupta, Solid Waste Programs Division Manager. Shikha has been a public servant for more than 17 years. She has progressive experience in program management for large regulatory public organizations with many leadership roles in vendor management, cross-functional team coordination, customer engagement, and strategy building. She has worked in the waste management discipline for more than 7 years managing multi-million dollars contracts and program budgets. She has comprehensive experience with complex contracts and managing industry relationships. Industry trend awareness and legislative application landscape are a part of her expertise. She has helped develop zero waste policies and is currently working on reuse and related systems for the City of Sunnyvale in her current role as the Solid Waste Programs Division Manager. Her current role entails managing the city's solid waste collection and processing systems of all waste streams in the City, operations of City’s Materials Recovery and Transfer Station and zero waste strategic plan elements including outreach. She has experience with grant management in her current and previous roles.

Bailey Hall, Environmental Programs Specialist II. Bailey Hall was the former Program Director of Climate Corps AmeriCorps from 2016-19. She managed a $3M CA state grant from CaliforniaVolunteers and authored the grant application for another $3M to fund the program from 2019-22. She’s worked in the City of Sunnyvale’s Solid Waste Division for the past 5 years, and is responsible for implementing behavior change campaigns, residential programs, and social media engagement related to proper materials reuse, recycling, and disposal. She was the lead applicant for the OWR4 CalRecycle SB 1383 Local Assistance grant, and is currently managing the Reusable Foodware Pilot the City is conducting with 14 participating restaurants.

Environmental Programs Manager. The person hired for this new position funded by the grant will have prior experience managing a federally funded grant, as well as relevant environmental experience that will be relevant to the reuse system proposed.

Coalition members and partners have relevant staff expertise to contribute to the successful management and implementation of the project as well. San Jose has experienced marketing and outreach staff currently promoting environmental programs through English, Spanish and Vietnamese channels. These staff will help amplify and disseminate outreach for program design and launch.

Perpetual is a nonprofit launched in early 2022 by a team with a collective 20+ years of experience in the reusable foodware space. Perpetual’s mission is to accelerate the adoption of reuse, starting with foodware in the US. The Perpetual team is led by Ellie Moss, a veteran sustainability and circular economy strategist and facilitator, and Dagny Tucker, founder of Vessel, a reusable service provider that operated for seven years. (Dagny has fully relinquished her ownership interest in Vessel and is dedicated to working at the system design level.) The Perpetual team brings a unique combination of knowledge of the reuse space, on-the-ground experience working to scale reusable foodware solutions, systems thinking and solution design skills, stakeholder engagement expertise, and rigorous project management capabilities.
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Budget and Timely Expenditure of Grant Funds
This proposal requests $48,346,219 in funds for the design and implementation of a community-scale reusable foodware system in The Cities of Sunnyvale, San Jose, Mountain View, Cupertino, and the County of San Benito. Please see the attached Budget Description document for detail and explanation of the requested funds and a description of the approach to ensuring timely and efficient expenditure of awarded funds.
2025
Year 1
2026
Year 2
2027
Year 3
2028
Year 4
2029
Year 5
Total
Project Phase
Mapping &
Engagement,
System Design
System Set Up,
Pre-Launch, Initial
Pilot Launch
(April), Expansion
Full System Launch
(Jan)
Scaling &
Improvements
Scaling &
Improvements
I. Personnel
Shikha Gupta, Solid Waste Programs
Division Manager, 5% FTE @ $207,579 $10,379 $10,379 $10,379 $10,379 $10,379 $51,895 Bailey Hall, Environmental Programs
Specialist, 5% FTE @ $125,679 $6,284 $6,284 $6,284 $6,284 $6,284 $31,420 Environmental Programs Manager,
100% FTE @ $174,929 $174,929 $174,929 $174,929 $174,929 $174,929 $874,645 TOTAL PERSONNEL $191,592 $191,592 $191,592 $191,592 $191,592 $957,960 II. Fringe Benefits
Solid Waste Programs Division Manager
@ 46.09% of salary $4,784 $4,784 $4,784 $4,784 $4,784 $23,918 Environmental Programs Specialist II, @

46.09% of salary $2,896 $2,896 $2,896 $2,896 $2,896 $14,481 Environmental Programs Manager, @

46.09% of salary $80,625 $80,625 $80,625 $80,625 $80,625 $403,124 TOTAL FRINGE BENEFITS $88,305 $88,305 $88,305 $88,305 $88,305 $441,524 III. Travel - None Requested $0 $0 $0 $0 $0 $0
IV. Equipment - None Requested $0 $0 $0 $0 $0 $0
V. Supplies - None Requested $0 $0 $0 $0 $0 $0
VI. Contractual - None Requested $0 $0 $0 $0 $0 $0
VII. Other
Subaward to San Jose $18,170 $5,975 $5,012 $5,275 $6,140 $40,571 Subaward to Perpetual $1,293,600 $960,000 $900,000 $276,000 $156,000 $3,585,600 Participant Support Costs $0 $22,642,923 $9,558,879 $6,272,847 $4,750,120 $43,224,769 TOTAL OTHER DIRECT COSTS $1,311,770 $23,608,898 $10,463,891 $6,554,122 $4,912,260 $46,850,940 TOTAL DIRECT $1,591,666 $23,888,795 $10,743,787 $6,834,018 $5,192,157 $48,250,423

INDIRECT
Indirect Personnel Costs - de minimis
10%
$19,159 $19,159 $19,159 $19,159 $19,159 $95,796
TOTAL $1,610,825 $23,907,954 $10,762,947 $6,853,178 $5,211,316 $48,346,219 23 475
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Attachment C
RESOLUTION NO. ________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL AUTHORIZING
THE CITY MANAGER OR HER DESIGNEE TO (1) NEGOTIATE AND

EXECUTE REQUIRED MEMORANDUMS OF AGREEMENT AS A

COALITION PARTNER AGENCY FOR THE PURPOSE OF SECURING

GRANT FUNDS FROM THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY’S CLIMATE POLLUTION REDUCTION GRANTS
PROGRAM BY JULY 1, 2024; AND (2) NEGOTIATE AND EXECUTE ANY

DOCUMENTS NECESSARY TO ACCEPT AND EFFECTUATE THE GRANTS WHEREAS, the Climate Pollution Reduction Grant Program provides $5 billion in grants to states, local governments, tribes, and territories to develop and implement ambitious plans for reducing greenhouse gas emissions and other harmful air pollution; and
WHEREAS, pursuant to Section 60114 of the Inflation Reduction Act, this two-phase program provides $250 million for noncompetitive planning grants and approximately $4.6 billion for competitive implementation grants; and WHEREAS, awards are expected to range from $2 million to $500 million across five funding tiers; and
WHEREAS, the County of Santa Clara submitted a Priority Climate Action Plan to the Environmental Protection Agency (EPA) on behalf of communities in Santa Clara and San Benito Counties, enabling eligible member agencies, including Cupertino, to apply for competitive implementation grants; and WHEREAS, priority for the competitive implementation grant funds seeks to achieve substantial community benefits such as the reduction of air pollutants in communities that have high levels of fine-particle pollution, are in proximity to Superfund sites, and have linguistic isolation; and
WHEREAS, Cupertino has census tracts that are considered to have high levels of fine-particle pollution, proximity to Superfund sites, and have linguistic isolation as defined by the EPA; and
WHEREAS, the City intends to serve as a coalition partner agency, demonstrating a collaborative and regional approach to maximizing greenhouse gas reductions and community benefits; and
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Resolution No. __________________
WHEREAS, Cupertino submitted letters of intent to enter in Memorandums of Agreement with participating agencies as part of two coalition grant applications; and
WHEREAS, if awarded grant funds, the City of Sunnyvale will be the lead agency and fiscal agent of the Community-Scale Reusable Foodware System Design and Implementation Project and Cupertino will partner with the City of Sunnyvale, the City of Mountain View, the City of San José, and the San Benito County to support implementation of the project, receiving no funds directly; and WHEREAS, if awarded grant funds, Cupertino will partner with Mountain View, Morgan Hill, San José, and Sunnyvale, led by Silicon Valley Clean Energy, to electrify and fortify critical facilities that serve a community’s most urgent needs during emergencies as part of the Public Facility Resiliency Implementation Project; and
WHEREAS, Cupertino is proposing to upgrade and electrify Quinlan Community Center water heating, space heating, and space cooling equipment to reduce greenhouse gases and increase resiliency during extreme heat and dangerous air quality events because of climate change at an estimated labor and equipment cost of approximately $1.9 million over five years; and WHEREAS, in order to receive grant funds, applicants are required to negotiate and enter into Memorandum of Agreements with participating agencies by July 1, 2024; and
WHEREAS, staff recommends that the City Council authorize the City Manager or their designee negotiate and execute the required Memorandums of Agreement with participating agencies by July 1, 2024 to ensure the City is eligible to receive grant funds;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize the City Manager or their designee to negotiate and execute on behalf of the City the required Memorandums of Agreement with participating agencies by July 1, 2024 for the purpose of securing grant funds from the EPA’s Climate Pollution Reduction Grants program;
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4
th day of June, 2024, by the following vote:
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Resolution No. __________________
Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Sheila Mohan, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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CITY OF CUPERTINO
Agenda Item
24-13138 Agenda Date: 6/4/2024
Agenda #: 12.

Subject: Three-year agreement between the City of Cupertino and the County of Santa Clara (County) for the City's participation in the Countywide Household Hazardous Waste (HHW) Collection Program for Fiscal Years (FY) 2024/2025-2026/2027 using earmarked funds within the Resource Recovery Fund 520.

Adopt Resolution No. 24-051 authorizing the City Manager to sign a three-year agreement between the City of Cupertino and the County of Santa Clara (County) for the City's participation in the Countywide Household Hazardous Waste (HHW) Collection Program for Fiscal Years (FY) 2024/2025-2026/2027 using earmarked funds within the Resource Recovery Fund 520.

CITY OF CUPERTINO Page 1 of 1 Printed on 5/29/2024
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CITY COUNCIL STAFF REPORT
Meeting: June 4, 2024
Subject
Three-year agreement between the City of Cupertino and the County of Santa Clara (County) for the City’s participation in the Countywide Household Hazardous Waste (HHW) Collection Program for Fiscal Years (FY) 2024/25 – 2026/2027 using earmarked funds within the Resource Recovery Fund 520.

Recommended Action
Adopt Resolution No. 24-XXXX authorizing the City Manager to sign a three-year agreement between the City of Cupertino and the County of Santa Clara (County) for the City’s participation in the Countywide Household Hazardous Waste (HHW) Collection Program for Fiscal Years (FY) 2024/2025 – 2026/2027 using earmarked funds within the Resource Recovery Fund 520.

Reasons for Recommendation
The City, along with the other cities in the County, has two recurring agreements with the County of Santa Clara for the collection and management of household hazardous waste (HHW) materials:
1) One allows for the collection and use of Assembly Bill (AB) 939 fees, which are collected on tons of material delivered to landfills in the County. (Attachment A - Agreement for Countywide Assembly Bill (AB) 939 Implementation Fee). 2) The other allows for the City’s participation in the County’s collection program for the safe drop-off and disposal of HHW, which is partially funded by the AB939 fees. (Attachment B - Agreement for Countywide Household Hazardous Waste Collection Program).

Both agreements come up for renewal every three years, and the County requires signatures on the (FY) 2024/25 – 2026/2027 agreements by June 10, 2024.

If the AB 939 fees are unchanged, the City Manager is authorized to sign the Agreement for Countywide AB 939 Implementation Fee.
1 The fees charged on tons sent to landfill in
the County are unchanged.

1 Authorization was granted at the May 1, 2018, City Council meeting. 480
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This arrangement provides operational efficiency to jurisdictions as they do not each have to run their own HHW collection programs. The County HHW Program includes two permanent drop-off facilities for HHW as well as temporary events at various locations in the County periodically throughout the year. Cupertino residents (1,081 in FY 2022-23) use this drop-off service for responsible disposal of unwanted HHW materials.

To pay for the HHW program, the County keeps track of the tonnage originating from the participating jurisdictions and the AB939 fees collected on that tonnage and keeps records on the jurisdiction of residence of each person who drops materials off at a HHW Program event. The County also tracks and reports on all the associated expenses for the Program. If the cost to serve Cupertino’s participating residents exceeds the funds collected via the per ton disposal fee, Cupertino is invoiced for the difference.

To assure payment of any shortfall from Cupertino’s participation, the Countywide Household Hazardous Waste (HHW) Collection Program agreement includes a section describing augmentation amounts (Section 16 - Additional Services Under This Agreement). This new 3-year agreement is substantially the same as agreements from past years. The one notable difference from the City’s perspective is that new in this agreement is a provision to allow the County to invoice jurisdictions twice per year instead of only once. This modification will help to reduce the cost impacts the County must cover before jurisdictions are invoiced for any costs that exceed the AB 939 fee revenue. After the end of each fiscal year, the County will tally up actual attendance and issue an invoice (or refund) as appropriate.

Sustainability Impact
The countywide HHW program is designed to reduce and eventually eliminate the residential hazardous waste that is still sent to landfill countywide and to capture some hazardous waste that might otherwise be illegally dumped. As such, it supports the waste reduction goals presented in the Climate Action Plan.

Fiscal Impact
The City has accrued funds earmarked for the handling of HHW primarily as a result of past years when the City did not fully participate in the County program and would receive AB939 fee refunds. Funds also accrued after the abrupt end of a door-to-door pickup program subcontracted by Recology under the former Franchise Agreement.

Those funds are in Fund 520 303-312 “Restricted AB939 HHW,” which currently has a balance of $425,249. The expected augmentation amount of $300,243 for the period covering the next three fiscal years of participation under the County HHW program agreement will be funded from that source.

California Environmental Quality Act (CEQA)
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Not applicable.
_____________________________________
Prepared by: Ursula Syrova, Environmental Programs and Sustainability Manager Reviewed by: Chad Mosley, Director of Public Works
Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – AB 939 Implementation Fee Agreement FY 2025-2027
B – Countywide HHW Program Agreement FY 2025-2027
C – Draft Resolution
482
CC 06-04-2024
482 of 657
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027