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CC 06-18-2024 Searchable PacketCITY OF CUPERTINO CITY COUNCIL AGENDA 10350 Torre Avenue, Council Chamber and via Teleconference Tuesday, June 18, 2024 6:45 PM Televised Regular Meeting (6:45) IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person at Cupertino Community Hall. 2) E-mail comments by 4:00 p.m. on Tuesday, June 18 to the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk’s office before the meeting and posted to the City’s website after the meeting. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. Members of the public may provide oral public comments during the Meeting as follows: Oral public comments will be accepted during the meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item. Oral public comments may be made during the public comment period for each agenda item. Members of the audience who address the City Council must come to the Page 1 1 CC 06-04-2024 1 of 530 City Council Agenda June 18, 2024 lectern/microphone, and are requested to complete a Speaker Card and identify themselves. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. 3) Teleconferencing Instructions To address the City Council, click on the link below to register in advance and access the meeting: Online Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WN_sfL5L8FEQTuXO1Fxi2pTSw Phone Dial: 669-900-6833 and enter Webinar ID: 959 8830 1535 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number. Or an H.323/SIP room system: H.323: 162.255.37.11 (US West) 162.255.36.11 (US East) Meeting ID: 959 8830 1535 SIP: 95988301535@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation. 3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or, Page 2 2 CC 06-04-2024 2 of 530 City Council Agenda June 18, 2024 if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. These documents will be posted to the City’s website after the meeting. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda for discussion, including informational items. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment. CONSENT CALENDAR (Items 1-12) Items appearing on the Consent Calendar are considered routine City business and may be approved by one motion. Typical items may include meeting minutes, awards of contracts, the ratification of accounts payable, and second readings of ordinances. Any member of the Council may request to have an item removed from the Consent Calendar based on the rules set forth in the City Council Procedures Manual. Members of the public may provide input on one or more consent calendar items when the Mayor asks for public comments on the Consent Calendar. Page 3 3 CC 06-04-2024 3 of 530 City Council Agenda June 18, 2024 1.Subject: Approval of the June 4, 2024 City Council minutes Recommended Action: Approve the June 4, 2024 City Council minutes A - Draft Minutes 2.Subject: A resolution calling for a consolidated General Municipal Election on November 5, 2024 to fill two City Council seats and requesting election services from the Santa Clara County Registrar of Voters Recommended Action: Adopt Resolution No. 24-057 calling for a consolidated General Municipal Election on November 5, 2024 to fill two City Council seats and requesting performance of services from the Registrar of Voters of the County of Santa Clara Staff Report A - Draft Resolution B – 2024 Election Calendar C - Election Cost Estimate 3.Subject: Ratifying Accounts Payable for the periods ending May 3, 2024; May 10, 2024; May 17, 2024; May 24, 2024; and May 31, 2024 Recommended Action: A. Adopt Resolution No. 24-058 ratifying Accounts Payable for the Period ending May 3, 2024; B. Adopt Resolution No. 24-059 ratifying Accounts Payable for the Period ending May 10, 2024; C. Adopt Resolution No. 24-060 ratifying Accounts Payable for the Period ending May 17, 2024; D. Adopt Resolution No. 24-061 ratifying Accounts Payable for the Period ending May 24, 2024; and E. Adopt Resolution No. 24-062 ratifying Accounts Payable for the Period ending May 31, 2024 Staff report A – Draft Resolution 5.3.24 B – Weekly AP Payment Register for the Period Ending 5.3.24 C – Draft Resolution 5.10.24 D – Weekly AP Payment Register for the Period Ending 5.10.24 E – Draft Resolution 5.17.24 F – Weekly AP Payment Register for the Period Ending 5.17.24 G – Draft Resolution 5.24.24 H – Weekly AP Payment Register for the Period Ending 5.24.24 I – Draft Resolution 5.31.24 J – Weekly AP Payment Register for the Period Ending 5.31.24 4.Subject: Adopt a Resolution to request the Metropolitan Transportation Commission (MTC) allocate Fiscal Year (FY) 2024/2025 Transportation Development Act Article 3 (TDA 3) Pedestrian/Bicycle Project Funding in the amount of $330,000 for the development of a Citywide Active Transportation Plan. Page 4 4 CC 06-04-2024 4 of 530 City Council Agenda June 18, 2024 Recommended Action: Adopt Resolution No. 24-063 (Attachment A), to request the Metropolitan Transportation Commission allocation of FY 2024-2025 Transportation Development Act Article 3 Pedestrian/Bicycle Project funding for the development of an Active Transportation Plan. Staff Report A - Draft Resolution 5.Subject: Award a construction contract for 2024 Pavement Maintenance Phase 1 Project to G. Bortolotto & Co. for asphalt mill & fill and patching on identified roadways throughout the City of Cupertino in the amount of $2,662,786. Recommended Action: 1. Award a construction contract for the 2024 Pavement Maintenance Phase 1 project (project number 2024-101) in the amount of $2,662,786 to G. Bortolotto & Co. 2. Authorize the City Manager to execute the construction contract when all conditions have been met; and 3. Authorize the Director of Public Works to execute any necessary change orders up to a construction contingency amount of $266,279 (10%) for a total contract amount of $2,929,065. Staff Report A - Draft Contract B - Location List C - Location Map 6.Subject: Approve a first amendment with All City Management Services, Inc. (ACMS) to provide crossing guard services for a total not-to-exceed amount of $1,688,800 extending the agreement date to June 30, 2026, and approve a budget modification in the amount of $78,707. Recommended Action: 1. Authorize the City Manager to execute a First Amendment with All City Management Services, Inc. (ACMS) to continue to provide Crossing Guard Services, increasing the contract amount by $785,000 for a total not to exceed amount of $1,688,800 and extending the agreement date to June 30, 2026. 2. Adopt Resolution No. 24-064 approving budget modification #2324-304 and a budget adjustment in the amount of $78,707 in the General Fund for Fiscal Year 2024-2025 crossing guard services (100-88-846 700-709). Staff Report A - Draft Contract B - Draft Resolution 7.Subject: Approve a First Amendment with Dan Gertmenian to provide educational classes and educational events for a total not-to-exceed amount of $879,348 and extending the contract date to August 31, 2025. Page 5 5 CC 06-04-2024 5 of 530 City Council Agenda June 18, 2024 Recommended Action: Authorize the City Manager to execute a First Amendment with Dan Gertmenian, increasing the amount by $106,305 for a total contract amount not to exceed $879,348 and extending the term of the agreement to August 31, 2025. Staff Report A - Dan Gertmenian Agreement B - Draft First Amendment 8.Subject: Award an agreement to Cascadia Consulting Group, Inc. for waste characterization services in an amount not to exceed $223,466. Recommended Action: Authorize the City Manager to execute an agreement with Cascadia Consulting Group, Inc. for waste characterization services in an amount not to exceed $223,466. Staff Report A - Draft Agreement 9.Subject: Minor correction to amendment to MIG, Inc. Design Professional Agreement approved at the June 4 City Council meeting to increase not-to-exceed amount of contract by $45,000, to amount of $512,411. Recommended Action: Approve the corrected not-to-exceed total agreement amount as outlined in the draft amendment to the MIG, Inc. Design Professional Agreement. Staff Report A - Draft Agreement Amendment - MIG, Inc. (6-4-2024 attachment) 10.Subject: Termination of loan agreement between the City of Cupertino and the Pacific Autism Center for Education Recommended Action: Authorize the City Manager to terminate a loan agreement between the City of Cupertino and the Pacific Autism Center for Education pursuant to a settlement agreement between the parties, in consideration for a payment of $50,000 into the City’s BMR fund Staff Report A - Loan Agreement B - Settlement Agreement 11.Subject: Sale of city-owned property at 10301 Byrne Avenue Recommended Action: 1. Adopt Resolution No. 24-065 authorizing the sale of surplus real property located at 10301 Byrne Avenue, Cupertino, California. (Attachment A) 2. Approve a deed restriction substantially similar to Attachment B in compliance with the State Surplus Land Act for the property, to be completed prior to the close of escrow. 3. Authorize the City Manager to execute sales agreements (Attachment C) and related documents for the property at 10301 Byrne Avenue with Zhao Han. Page 6 6 CC 06-04-2024 6 of 530 City Council Agenda June 18, 2024 Staff Report A - Draft Resolution B - Draft Deed Restriction C - Sales Agreement 12.Subject: Consider acquisition of property located at 19400 Stevens Creek Blvd, and appointment of real property negotiator for acquisition of property Recommended Action: Appoint City Manager Pamela Wu as real property negotiator for acquisition of property located at 19400 Stevens Creek Blvd PUBLIC HEARINGS Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to planning@cupertino.org. Plans will also be made available digitally during the hearing to consider the proposal. 13.Subject: Proposed Municipal Code Amendments to Chapter 19.48 (Fences), Chapter 19.12 (Administration), and Chapter 19.08 (Definitions) and related CEQA exemption. (Application No.: MCA-2024-001; Applicant: City of Cupertino; Location: Citywide) Recommended Action: Conduct the first reading of Ordinance No. 24-2260: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO AMEND MUNICIPAL CODE CHAPTER 19.08, CHAPTER 19.12, AND CHAPTER 19.48 REGARDING FENCES, which includes a finding to find the actions exempt from CEQA Presenter: Emi Sugiyama, Associate Planner Staff Report A - Draft Ordinance B - Redlined and Annotated Ordinance ACTION CALENDAR 14.Subject: Future agenda items requested by City Councilmembers (“TBD List”) Recommended Action: Review the TBD list and modify the list as recommended below Presenter: Pamela Wu, City Manager Staff Report ITEMS REMOVED FROM THE CONSENT CALENDAR CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED Page 7 7 CC 06-04-2024 7 of 530 City Council Agenda June 18, 2024 COUNCILMEMBER REPORTS 15.Subject: Councilmember Reports A - Councilmember Report, Fruen B - Councilmember Report, Mohan C - Councilmember Report, Moore D - Councilmember Report, Wei FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino’s lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk’s Office at 10300 Torre Avenue, Cupertino, CA 95014; telephone (408) 777-3223; email cityclerk@cupertino.org; and website: www.cupertino.org/lobbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Page 8 8 CC 06-04-2024 8 of 530 City Council Agenda June 18, 2024 IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 9 9 CC 06-04-2024 9 of 530 CITY OF CUPERTINO Agenda Item 23-12654 Agenda Date: 6/18/2024 Agenda #: 1. Subject: Approval of the June 4, 2024 City Council minutes Approve the June 4, 2024 City Council minutes CITY OF CUPERTINO Printed on 6/12/2024Page 1 of 1 powered by Legistar™10 CC 06-04-2024 10 of 530 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, June 4, 2024 At 6:00 p.m., Mayor Sheila Mohan called the Regular City Council Meeting to order in City Hall Conference Room C, 10300 Torre Avenue. ROLL CALL Present: Mayor Sheila Mohan, Vice Mayor J.R. Fruen, and Councilmembers Liang Chao and Kitty Moore. Absent: Hung Wei. CLOSED SESSION In open session prior to closed session, Mayor Mohan opened the public comment period regarding any item on the agenda. No members of the public requested to speak, and Mayor Mohan closed the public comment period. 1. Subject: Conference with legal counsel - existing litigation pursuant to Government Code § 54956.9 (Harshit Sharma et al. v. City of Cupertino, Santa Clara County Superior Court Case No. 22CV39297) Council met with legal counsel regarding the existing litigation (Harshit Sharma et al. v. City of Cupertino, Santa Clara County Superior Court Case No. 22CV392971). RECESS At 6:22 p.m., Mayor Mohan recessed the meeting. At 6:45 p.m., Mayor Mohan reconvened the meeting and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference. ROLL CALL Present: Mayor Sheila Mohan, Vice Mayor J.R. Fruen, and Councilmembers Liang Chao, Kitty Moore, and Hung Wei (participated remotely). Absent: none. 11 CC 06-04-2024 11 of 530 City Council Minutes June 4, 2024 Page 2 MOTION: Mohan moved and Fruen seconded to allow Councilmember Wei to participate in the meeting remotely. The motion passed with the following vote: Ayes: Mohan, Fruen, Chao, Moore. Noes: None. Abstain: None. Absent: Wei. CLOSED SESSION REPORT City Attorney Chris Jensen conducted the open session report regarding the closed session held at 6:00 PM. City Attorney Jensen reported that there was nothing to report. CEREMONIAL ITEMS 2. Subject: Proclamation recognizing June as Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Pride Month Recommended Action: Present proclamation recognizing June as Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Pride Month Written communications for this item included an email to Council. Huy Le, De Anza College Equity & Engagement Division Counselor & Instructor, received the proclamation. Mayor Mohan recognized June as LGBTQ+ Pride Month. POSTPONEMENTS AND ORDERS OF THE DAY – None ORAL COMMUNICATIONS Written communications for this item included an email to Council. The following members of the public spoke: Helene Davis, Judy Wilson, Dawn McLeod, Ruhi Aggarwal, and Jocelyn Leanos, representing Cupertino Copertino Sister Cities Association, discussed the ir 2024 Student Exchange Program. (Submitted written comments). Audit Committee Member Angela Chen (representing self), Angelo Noguero, Grace Lin, Alina Wong, Anav Daya, and Betty Huang, representing Cupertino-Hsinchu Sister City Association, discussed their 2024 Student Exchange Program. (Submitted written comments). Brooke Ezzat discussed the City Organizational Chart and Council procedures. 12 CC 06-04-2024 12 of 530 City Council Minutes June 4, 2024 Page 3 Housing Commissioner Connie Cunningham (representing self) discussed SB 330 preliminary application No. PR-2024-017. (Submitted written comments). Susan Bassi discussed the WomenSV organization. Patricia Boone discussed the WomenSV organization. Peggy Griffin discussed the City Organizational Chart. (Submitted written comments). CONSENT CALENDAR (Items 3-12) Item 7 was removed from the Consent Calendar by Councilmember Moore. MOTION: Chao moved and Moore seconded to remove Item 8 from the Consent Calendar. The motion failed with the following roll call vote: Ayes: Chao and Moore. Noes: Mohan, Fruen, and Wei. Abstain: None. Absent: None. Mayor Mohan opened the public comment period and the following members of the public spoke. Peggy Griffin (Item 8) San R (Item 9) Louise Saadati (Item 8) Lisa (Item 8) Rhoda Fry (Items 8 and 9) Mayor Mohan closed the public comment period. Councilmembers asked questions and made comments. MOTION: Moore and Chao moved to continue Items 8 and 9 to the next meeting. The motion failed with the following roll call vote: Ayes: Chao and Moore. Noes: Mohan, Fruen, and Wei. Abstain: None. Absent: None. MOTION: Fruen moved and Mohan seconded approve the items on the Consent Calendar except as indicated. The motion passed with the following roll call vote: Items 3, 4, 5, 6, 10, 11, 12: Ayes: Mohan, Fruen, Chao, Moore, and Wei. Noes: None. Abstain: None. Absent: None; and Items 8 and 9: Ayes: Mohan, Fruen, and Wei. Noes: Moore. Abstain: Chao. Absent: None. Item 7 was moved after the Action Calendar for consideration. 13 CC 06-04-2024 13 of 530 City Council Minutes June 4, 2024 Page 4 3. Subject: Approval of amended May 7, 2024 City Council minutes Recommended Action: Approve the amended May 7, 2024 City Council minutes 4. Subject: Approval of the May 14, 2024 (Closed Session) City Council minutes Recommended Action: Approve the May 14, 2024 (Closed Session) City Council minutes 5. Subject: Approval of the May 14, 2024 (Open Session) City Council minutes Recommended Action: Approve the May 14, 2024 City Council minutes 6. Subject: Approval of the May 21, 2024 City Council minutes Recommended Action: Approve the May 21, 2024 City Council minutes 8. Subject: Construction contract and a proposed amendment to the design consultant agreement and construction management services for the All-Inclusive Playground at Jollyman Park project Recommended Action: 1. Award a construction contract for the All-Inclusive Playground at Jollyman Park Project (budget unit 420-99-051) in the amount of $3,863,430 to QLM, Inc.; 2. Authorize the City Manager to execute the contract with QLM, Inc. when all conditions have been met; 3. Authorize the Director of Public Works to execute any necessary construction change orders with QLM, Inc., up to a contingency amount of $386,350 (10%), for a total contract amount of $4,249,780; 4. Authorize the City Manager to execute an amendment to the agreement with MIG, Inc. for Design Professional Services on the All-Inclusive Playground at Jollyman Park project (420-99-051, PO# 2022-0326) increasing the contract amount by $45,000, for a new total not-to-exceed contract amount of $467,411; 5. Authorize the City Manager to execute a professional services agreement with 4Leaf, Inc. for construction management services for a total not-to-exceed contract amount of $393,081; and 6. Adopt Resolution No. 24-049 approving budget modification #2324-304, approving a transfer out of $500,000 from the Park Dedication Fund (280) and a transfer into the All- Inclusive Playground at Jollyman Park Project (budget unit 420-99-051) and appropriating $500,000 to this project. Written communications for this item included an email to Council. 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 14 CC 06-04-2024 14 of 530 City Council Minutes June 4, 2024 Page 5 extensions through June 30, 2033, depending on approved budget and acceptable services. Recommended Action: 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. Written communications for this item included an email to Council. 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). 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). 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. Recommended Action: 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. 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. Recommended Action: 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 15 CC 06-04-2024 15 of 530 City Council Minutes June 4, 2024 Page 6 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. At 8:03 p.m., Mayor Mohan recessed the meeting. The meeting reconvened at 8:10 p.m. with all Councilmembers present. PUBLIC HEARINGS 13. Subject: Approve the renewal (with no increase) of the 1992 Storm Drain Fee and renewal of the 2019 Clean Water and Storm Protection Fee with a 2.62% increase Recommended Action: Adopt: 1. Resolution No. 24-052 (Attachment A) approving the renewal and collection of the 1992 Storm Drain Fee with no increase in rates for Fiscal Year (FY) 2024-25 2. Resolution No. 24-053 (Attachment B) approving the renewal and collection of the 2019 Clean Water and Storm Protection Fee with a 2.62% increase in rates for FY 2024- 25 Presenter: Ursula Syrova, Environmental Programs and Sustainability Manager Written communications for this item included a staff presentation. Environmental Programs and Sustainability Manager Ursula Syrova gave a presentation. Councilmembers asked questions and made comments. Mayor Mohan opened the public hearing and, seeing no one, closed the public hearing. MOTION: Moore moved and Fruen seconded to approve the Recommended Action to adopt: 1. Resolution No. 24-052 approving the renewal and collection of the 1992 Storm Drain Fee with no increase in rates for Fiscal Year (FY) 2024-25; and 2. Resolution No. 24-053 approving the renewal and collection of the 2019 Clean Water and Storm Protection Fee with a 2.62% increase in rates for FY 2024- 25. The motion passed with the following roll vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei. Noes: None. Abstain: None. Absent: None. 14. Subject: Consider the Recommended Operating and Capital Improvement Program Budgets for Fiscal Year (FY) 2024-25, adoption of the Operating and Capital Improvement Program Budgets for FY 2024-25, establishment of the Appropriation Limit, and related actions. Recommended Action: 1. Adopt Resolution No. 24-054 establishing an Operating Budget of $120,495,113 for FY 2024-25, which includes the following changes to the FY 16 CC 06-04-2024 16 of 530 City Council Minutes June 4, 2024 Page 7 2024-25 Proposed Budget, published on May 1, 2024: a. Approve the operating budget of $120,392,308 outlined in the FY 2024-25 Proposed Budget. b. Approve additional appropriations of $32,500 for the Community Funding Grant Program as included in Attachment D. c. Approve additional appropriations of $3,905 for festival costs as included in Attachment D. d. Approve additional appropriations of $2,050 for the Artist Awards program as included in Attachment D. e. Approve additional appropriations of $64,350 for the animal services contract as included in Attachment D. f. Approve a reduction in revenues of $21,200 due to the elimination of the proposed permit parking and crane lift fees as included in Attachment D. g. Approve additional revenues of $212,614 for SB 1 as included in Attachment D. h. Approve Community Funding Grants for the following organizations, allocating a total of $32,500: i. AINAK: $2,750 ii. Cupertino Little League: $16,000 iii. Cupertino Symphonic Band: $3,000 iv. Rotary Club of Cupertino: $4,000 v. STEMBoost Corporation: $3,000 vi. West Valley Community Services: $3,750 2. Adopt Resolution No. 24-055 establishing a Capital Improvement Program Budget of $26,151,380 for FY 2024-25 3. Adopt Resolution No. 24-056 establishing an Appropriation Limit of $132,542,385 for FY 2024-25 Presenters: Kristina Alfaro, Director of Administrative Services and Thomas Leung, Budget Manager Written communications for this item included an updated staff presentation, a desk item report with staff responses to questions received from councilmembers, and emails to Council. Director of Administrative Services Kristina Alfaro and Budget Manager T homas Leung gave a presentation. Mayor Mohan opened the public hearing and the following members of the public spoke. San R Louise Saadati 17 CC 06-04-2024 17 of 530 City Council Minutes June 4, 2024 Page 8 Mayor Mohan closed the public hearing. Councilmembers asked questions and made comments. At 8:49 p.m., Mayor Mohan recessed the meeting. The meeting reconvened at 8:55 p.m. with all Councilmembers present (Wei 8:59 p.m.). MOTION: Fruen moved and Wei seconded the Recommended Action to: 1. Adopt Resolution No. 24-054 establishing an Operating Budget of $120,495,113 for FY 2024-25, which includes the following changes to the FY 2024-25 Proposed Budget, published on May 1, 2024: a. Approve the operating budget of $120,392,308 outlined in the FY 2024-25 Proposed Budget. b. Approve additional appropriations of $32,500 for the Community Funding Grant Program as included in Attachment D. c. Approve additional appropriations of $3,905 for festival costs as included in Attachment D. d. Approve additional appropriations of $2,050 for the Artist Awards program as included in Attachment D. e. Approve additional appropriations of $64,350 for the animal services contract as included in Attachment D. f. Approve a reduction in revenues of $21,200 due to the elimination of the proposed permit parking and crane lift fees as included in Attachment D. g. Approve additional revenues of $212,614 for SB 1 as included in Attachment D. h. Approve Community Funding Grants for the following organizations, allocating a total of $32,500: i. AINAK: $2,750 ii. Cupertino Little League: $16,000 iii. Cupertino Symphonic Band: $3,000 iv. Rotary Club of Cupertino: $4,000 v. STEMBoost Corporation: $3,000 vi. West Valley Community Services: $3,750 2. Adopt Resolution No. 24-055 establishing a Capital Improvement Program Budget of $26,151,380 for FY 2024-25; and 3. Adopt Resolution No. 24-056 establishing an Appropriation Limit of $132,542,385 for FY 2024-25. FRIENDLY AMENDMENT 1: Chao made a friendly amendment to restore the Citizens of Cupertino in the City Organizational Chart. (Fruen and Wei accepted the friendly amendment). 18 CC 06-04-2024 18 of 530 City Council Minutes June 4, 2024 Page 9 FRIENDLY AMENDMENT 2: Chao made a friendly amendment to place the City Treasurer position next to the Director of Administrative Services position on the City Organizational Chart. Fruen declined the friendly amendment, and it was not included in the motion. FRIENDLY AMENDMENT 3: Chao made a friendly amendment to correct the Adopted FY 24-25 City Work Program (Attachment I) to move Item 20 Active Transportation Plan to the Projects That Require Additional Funding category. Fruen declined the friendly amendment and offered a modified amendment to provide authorization to staff to make various textual changes with relation to the item discussion. (Chao accepted the modified amendment). Wei declined the modified amendment, and it was not included in the motion. The motion as amended (Friendly Amendment 1) passed with the following roll call vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei. Noes: None. Abstain: None. Absent: None. ACTION CALENDAR - None ITEMS REMOVED FROM THE CONSENT CALENDAR 7. Subject: Law Enforcement Contract Extension with the County of Santa Clara Sheriff's Office Recommended Action: Authorize the City Manager to extend the existing law enforcement contract with the County of Santa Clara Sheriff's Office for two years, from July 1, 2024, through July 1, 2026, and amend the terms of the agreement as needed during the extension Written communications for this item included an email to Council. This item was pulled from the consent calendar for discussion. Mayor Mohan opened the public comment period and the following members of the public spoke. Jennifer Griffin Rhoda Fry (submitted written comments) San R Mayor Mohan closed the public comment period. 19 CC 06-04-2024 19 of 530 City Council Minutes June 4, 2024 Page 10 Councilmembers asked questions and made comments. MOTION: Wei moved and Fruen seconded the Recommended Action to authorize the City Manager to extend the existing law enforcement contract with the County of Santa Clara Sheriff's Office for two years, from July 1, 2024, through July 1, 2026, and amend the terms of the agreement as needed during the extension. The motion passed with the following roll call vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei. Noes: None. Abstain: None. Absent: None. CITY MANAGER REPORT City Manager Pamela Wu shared a video highlighting the Cupertino 311 issue reporting application. ORAL COMMUNICATIONS - CONTINUED - None COUNCILMEMBER REPORTS 15. Subject: Councilmember Reports Councilmembers reported on their various committees and activities as provided in the published agenda. FUTURE AGENDA ITEMS Moore added an informational memo to Council on funding to WomenSV. ADJOURNMENT At 9:49 p.m., Mayor Mohan adjourned the Regular City Council Meeting. Minutes prepared by: _________________________ Kirsten Squarcia, City Clerk 20 CC 06-04-2024 20 of 530 CITY OF CUPERTINO Agenda Item 23-12690 Agenda Date: 6/18/2024 Agenda #: 2. Subject: A resolution calling for a consolidated General Municipal Election on November 5, 2024 to fill two City Council seats and requesting election services from the Santa Clara County Registrar of Voters Adopt Resolution No. 24-057 calling for a consolidated General Municipal Election on November 5, 2024 to fill two City Council seats and requesting performance of services from the Registrar of Voters of the County of Santa Clara CITY OF CUPERTINO Printed on 6/12/2024Page 1 of 1 powered by Legistar™21 CC 06-04-2024 21 of 530 1 CITY COUNCIL STAFF REPORT Meeting: June 4, 2024 Subject A resolution calling for a consolidated General Municipal Election on November 5, 2024 to fill two City Council seats and requesting election services from the Santa Clara County Registrar of Voters. Recommended Action Adopt the Draft Resolution calling for a consolidated General Municipal Election on November 5, 2024, to fill two City Council seats and requesting performance of services from the Registrar of Voters of the County of Santa Clara. Reasons for Recommendation Cupertino Municipal Code Section 2.04.005 sets Cupertino elections to take place on the first Tuesday after the first Monday in November of even-numbered years to coincide with the statewide general elections. A general statewide election has been established for Tuesday, November 5, 2024 (Elections Code (EC) § 1001). The City Council may call the municipal election to be held on Tuesday, November 5, 2024 and request the Board of Supervisors of the County of Santa Clara to consolidate the election with the General Statewide election (EC § 10400). The Board of Supervisors and the Registrar of Voters may provide election services in conducting the General Statewide election for the City (EC § 10002). A municipal election is necessary to fill two at-large City Council seats (Elections Code § 10597-10508). Councilmembers Kitty Moore and Hung Wei are each eligible to run for one additional full term of four years. The Draft Resolution (Attachment A) approves calling and giving notice to hold a general municipal election in the City of Cupertino on November 5, 2024 for the election of two City Council members and requests the Board of Supervisors to consolidate with the General Statewide election and render specified services to the City related to the conduct of the General Municipal Election, establishes guidelines and costs associated with candidate statements, and provides the process to resolve a tie vote. The deadline to 22 CC 06-04-2024 22 of 530 2 submit the City’s resolution specifying the date of election, permitting consolidation, and requesting Registrar of Voters’ services to govern the election is July 3. Election services from the Santa Clara County Registrar of Voters includes the appointment of election officers, designation of voting precincts, printing and mailing of ballots, operation of voting centers, counting of ballots, canvassing of the vote, providing for the process in the event of a tie vote at the election, and other proceedings required in connection with the election. Each qualified candidate has an option to include a Candidate Statement in the Sample Ballot and Voter Information Guide. The proposed resolution sets the maximum allowance of 200 words for the Candidate’s Statement of Qualifications and the candidate’s responsibility of payment for the cost to prepare and print the statement in advance. The estimated cost this year is $3,640.00 (Attachment C). The Elections Code provides the City Council with the option to increase on the words allowed for candidate statements from a maximum of 200 to 400 words (EC §13307(a)). Staff is not recommending this option given that the word limit has traditionally been 200 words in Cupertino and because an increase would increase the costs to candidates for filing statements at the maximum word count. The County has requested that each jurisdiction confirm the method to be used in the event of a tie vote. In the event of a tie where two or more persons receive an equal and the highest number of votes for an office, the Draft Resolution adopts the provision of determining the winner or winners to be resolved by lot (EC § 15651(a)). Due to the cost of conducting a special runoff election, many jurisdictions use the lot method to resolve tie votes, which is the method that staff is recommending. The nomination period for the 2024 General Municipal Election runs from Monday, July 15, 2024 through Friday, August 9, 2024 at 5:00 p.m. If an incumbent fails to file a Declaration of Candidacy before 5:00 p.m. on Friday, August 9, 2024, the period for candidates to file for office, other than incumbents, is extended to Wednesday, August 14, 2024 at 5:00 p.m. (Attachment B – 2024 Election Calendar). Sustainability Impact No sustainability impact. Fiscal Impact If the City Council adopts the proposed resolution, the estimated cost of the 2024 Cupertino General Municipal Election for two City Council seats is $140,877 (Attachment C). The estimated cost is based on the Registrar of Voters Fiscal Year 2024-25 updated Fee 23 CC 06-04-2024 23 of 530 3 Schedule which was adopted by the Board of Supervisors on June 4. The fees will become effective on July 1, 2024. This is an increase of $532 from the previously estimated amount of $140,345 that is included in the City’s Fiscal Year (FY) 2024-2025 adopted budget. The remainder costs will be covered using savings from this year. If the City were to conduct a special runoff election in the event of a tie, there would be an additional unbudgeted cost for a special election. California Environmental Quality Act Not applicable. _____________________________________ Prepared by: Kirsten Squarcia, City Clerk Approved for Submission by: Pamela Wu, City Manager Attachments: A - Draft Resolution B – 2024 Election Calendar C - Election Cost Estimate 24 CC 06-04-2024 24 of 530 RESOLUTION NO. 24- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 TO FILL TWO CITY COUNCIL SEATS, AND REQUESTING CONSOLIDATION AND PERFORMANCE OF SERVICES FROM THE COUNTY OF SANTA CLARA REGISTRAR OF VOTERS WHEREAS, pursuant to Municipal Code Section 2.04.005, general municipal elections shall be held on the first Tuesday after the first Monday in November of even-numbered years to coincide with the statewide general elections; and WHEREAS, pursuant to Section 1001 of the Elections Code of the State of California, there is an established General Statewide election to be held on Tuesday, November 5, 2024; and WHEREAS, pursuant to Part 3, Consolidation of Elections, and commencing with Section 10400 of the Elections Code of the State of California, such municipal election may be either completely or partially consolidated and held on the same day as a statewide election, upon order of this Cupertino City Council; and WHEREAS, the City Clerk is enjoined by law to take all steps necessary for the holding of said election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino: 1. That pursuant to Section 10403 of the Elections Code of the State of California, the City Council of the City of Cupertino calls a municipal election to be held on Tuesday, November 5, 2024; and requests the Board of Supervisors of the County of Santa Clara to completely consolidate the election with the General Statewide election. The consolidated municipal election will be held, regulated, and conducted in accordance with the provisions of the law. 2. That pursuant to Sections 10597-10508 of the Elections Code of the State of California, a municipal election is necessary for purposes of filling two City Councilmember seats for the offices listed below and to be voted upon at such election. These seats are now occupied by Councilmembers Kitty Moore and Hung Wei. 25 CC 06-04-2024 25 of 530 Resolution No. 24-___ Page 2 Title of Each Office Length of Term Number of Seats At-Large or District Number City Councilmember 4-year full term 2 At Large 3. That pursuant to Section 10002 of the Elections Code of the State of California, the City of Cupertino requests the services of the Board of Supervisors of the County of Santa Clara and the Registrar of Voters of the County of Santa Clara to render such services to the City as requested by the City Clerk, and shall reimburse the County for the costs incurred by the County of Santa Clara Registrar of Voters in conducting the General Statewide election for the City. The City requests the County of Santa Clara Board of Supervisors to permit the County of Santa Clara Registrar of Voters to prepare the City’s election materials. The election services to be performed shall include the preparation, printing and mailing of official ballots and county voter information guides; the establishment of precincts, election ballots, return mail envelopes, ballot drop boxes, vote centers, election officers, and producing such publications as are required by law in connection therewith; the furnishing of ballots, envelopes, and other necessary supplies and materials for voting places; the canvassing of the returns of the election; the furnishing of the results of such canvassing to the City Clerk; and, the performance of other election services as may be requested by the City Clerk. 4. That the City Council of the City of Cupertino requests the Board of Supervisors of the County of Santa Clara to hold and conduct the municipal election in the manner prescribed in Section 10418 of the Elections Code of the State of California, and to further provide that the Registrar of Voters canvass the returns of the municipal election. The County of Santa Clara is hereby authorized to certify the returns of the municipal election. 5. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted upon in the City of Cupertino on Tuesday, November 5, 2024, may prepare a candidate’s statement on an appropriate form provided by the City Clerk, as the City’s election official, or their designee. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate. The candidate shall be required to pay for the cost of printing, translating, and distributing said candidate’s statement. Each candidate who files such a 26 CC 06-04-2024 26 of 530 Resolution No. 24-___ Page 2 statement shall be required to pay in advance their pro rata share of the estimated costs of printing, handling, and mailing said candidate statement, and such estimated costs shall be determined by the Registrar of Voters. 6. That pursuant to Section 15651 of the Elections Code of the State of California, the method of determining the winner or winners in the event of a tie vote (two or more persons receive an equal and the highest number of votes for an office) as certified by the County of Santa Clara Registrar of Voter, the City Council of the City of Cupertino, in accordance with Section 15651(a), any tie vote shall be resolved and winner determined by lot. 7. In all particulars not recited in this resolution, the municipal election shall be held and conducted as provided by law for holding municipal elections. 8. The City Clerk is authorized and directed to certify to the adoption of this resolution and to transmit a copy hereof so certified to the Registrar of Voters and to the Board of Supervisors of Santa Clara County. 9. The City Clerk is authorized and directed to publish a notice of election within the time and in the manner prescribed in the Elections Code of the State of California Division 12, Chapter 2, commencing with Section 12101. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day of June, 2024, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: 27 CC 06-04-2024 27 of 530 Resolution No. 24-___ Page 2 SIGNED: ________ Sheila Mohan, Mayor City of Cupertino ________________________ Date ATTEST: ________ Kirsten Squarcia, City Clerk ________________________ Date 28 CC 06-04-2024 28 of 530 E- E- to E-90 to 0 Wednesday, August 7, 2024 to Tuesday, November 5, 2024 E- E-87 to 83 Saturday, August 10, 2024 to Wednesday, August 14, 2024 E- This calendar may not contain all candidate or district filing requirements. The Office of the Registrar of Voters is not open for filings on Saturday, Sunday or holidays. 4 Primary Arguments and Rebuttal Arguments for City measures must be filed with the City Clerk's office. Contact the City Clerk's office for filing deadlines. 125 2 CONTRIBUTION / INDEPENDENT EXPENDITURES Sums of $1,000 or more to/from a single source must be reported within 24-hours. The Independent Expenditure report is required only for committees (not candidate controlled) that make independent expenditures totaling $1,000 or more to support or oppose a single ballot measure or a single candidate. 88 84 Tuesday, August 13, 2024 1 , 4 DUE DATE FOR PRIMARY ARGUMENTS 5:00 p.m. is the deadline set by the Registrar of Voters for submitting primary arguments in favor of and against a measure. Arguments for City measures must be filed with the City Clerk's office. Contact the City Clerk's office for filing deadlines. DUE DATE FOR LIST OF MEASURE SUPPORTERSS/OPPONENTS A 5:00 p.m. deadline is set by the Registrar of Voters for submitting a list of Primary Argument Supporters/Opponents to be printed below the ballot label. 1 NOMINATION PERIOD CLOSES Deadline to file for all offices, in the Office of the Registrar of Voters only, all required nomination documents. 1 LAST DAY FOR MEASURE RESOLUTIONS AND TAX RATE STATEMENTS TO BE SUBMITTED TO THE ROV Last day for jurisdictions to submit a resolution calling for a measure election, and if applicable, tax rate statements. The ROV encourages jurisdictions to provide a resolution as early as possible. LAST DAY FOR PROPONENTS TO WITHDRAW AN INITIATIVE Last day for proponents to withdraw an initiative that qualified for the ballot. 1 NOMINATION EXTENSION PERIOD If the incumbent fails to file a Declaration of Candidacy by deadline for their office, there will be a 5-calendar-day extension during which any candidate, other than the incumbent, may file for said office. ABBREVIATED PRESIDENTIAL GENERAL ELECTION CALENDAR November 5, 2024 County of Santa Clara Registrar of Voters Friday, August 9, 2024 2 The period covered by any statement begins on the day after the closing date of the last statement filed, OR January 1st, if no previous statement has been filed. 3 Date falls on a weekend or public holiday; deadlines move forward to the next business day as noted with the respective effected date. 1 Refer to California Elections Code §§9190, 9295, 9380, 9509, 13313, and 13314 for details of public examination periods and writ of mandate. Activity Periods and Due Date(s)ACTIVITIES / DOCUMENTS # of Days Prior to or Following Election REVISED JUNE 28, 2023 E-97 Wednesday, July 31, 2024 2 F.P.P.C. SEMI-ANNUAL STATEMENT DUE Deadline for semi-annual financial disclosure report Form 460 covering the reporting period noted below or the day after the closing date of the last statement filed. Reporting Period:June 30, 2024 December 31, 2024 Wednesday, July 3, 2024 RESOLUTIONS TO BE SUBMITTED TO THE ROV Date for jurisdictions to submit resolutions calling for a candidate election to meet timeline for a full nomination period. The ROV encourages jurisdictions to provide a resolution as early as possible. 113 Monday, July 15, 2024 NOMINATION PERIOD OPENS First day candidates may pick up nomination documents at the office of the Registrar of Voters. 1 29 CC 06-04-2024 29 of 530 This calendar may not contain all candidate or district filing requirements. The Office of the Registrar of Voters is not open for filings on Saturday, Sunday or holidays. 4 Primary Arguments and Rebuttal Arguments for City measures must be filed with the City Clerk's office. Contact the City Clerk's office for filing deadlines. ABBREVIATED PRESIDENTIAL GENERAL ELECTION CALENDAR November 5, 2024 County of Santa Clara Registrar of Voters 2 The period covered by any statement begins on the day after the closing date of the last statement filed, OR January 1st, if no previous statement has been filed. 3 Date falls on a weekend or public holiday; deadlines move forward to the next business day as noted with the respective effected date. 1 Refer to California Elections Code §§9190, 9295, 9380, 9509, 13313, and 13314 for details of public examination periods and writ of mandate. Activity Periods and Due Date(s)ACTIVITIES / DOCUMENTS # of Days Prior to or Following Election REVISED JUNE 28, 2023 E- E-83 to 74 Wednesday, August 14, 2024 to Friday, August 23, 2024 E- E- E-76 to 67 Wednesday, August 21, 2024 to Friday, August 30, 2024 E- E-57 to 14 Monday, September 9, 2024 to Tuesday, October 22, 2024 to E- E-29 to 1 Monday, October 7, 2024 to Monday, November 4, 2024 29 Monday, October 7, 2024 MAILING OF VOTE-BY-MAIL BALLOTS BEGINS Last day to begin mailing vote-by-mail ballots. 83 Wednesday, August 14, 2024 1 , 4 EXAMINATION PERIOD FOR ALL PRIMARY ARGUMENTS FILED The elections official shall make the arguments available for public examination during business hours for a period of 10-calendar days immediately following the filing deadline for submission of those documents. 1 , 4 DUE DATE FOR REBUTTAL ARGUMENTS AND IMPARTIAL ANALYSES Deadline set by the Registrar of Voters for submitting rebuttal arguments to primary arguments in favor of and against a measure and impartial analyses. 2 F.P.P.C. 1 st PRE-ELECTION STATEMENT DUE Deadline for financial disclosure report Form 460 covering the reporting period noted below or the day after the closing date of the last statement filed. WRITE-IN CANDIDACY PERIOD Between these dates is the period for candidates to obtain and file write-in nomination documents in the Office of the Registrar of Voters. 82 Thursday, August 15, 2024 RANDOMIZED ALPHABET DRAWING This day the Secretary of State (SOS) and the Office of the Registrar of Voters will conduct a drawing of letters of the alphabet to determine the order in which candidates appear on the ballot. Please refer to Elections Code §§ 13111, 13112, and 13113. LAST DAY TO AMEND OR WITHDRAW A MEASURE Deadline for jurisdictions to amend or withdraw a measure from the ballot. The measure must be amended or withdrawn by resolution. E- 77 Tuesday, August 20, 2024 40 Thursday, September 26, 2024 67 Friday, August 30, 2024 1 , 4 EXAMINATION PERIOD FOR ALL REBUTTALS AND IMPARTIAL ANALYSES FILED The elections official shall make the rebuttal arguments and Impartial Analyses available for public examination during business hours for a period of 10-calendar days immediately following the filing deadline for submission of those documents. 1 ,4 FINAL PRINTING DEADLINE Any petition for writ of mandate, including any appeals, should be resolved by this date so the Registrar of Voters can meet necessary printing deadlines. July 1, 2024 September 21, 2024 EARLY VOTING PERIOD AT THE ROV OFFICE Early voting is available at the Registrar of Voters office for individuals wishing to drop off ballot or vote in person during normal business hours, Monday through Friday, 8:00 a.m. to 5:00 p.m., beginning 29 days prior the election. Reporting Period: 2 30 CC 06-04-2024 30 of 530 This calendar may not contain all candidate or district filing requirements. The Office of the Registrar of Voters is not open for filings on Saturday, Sunday or holidays. 4 Primary Arguments and Rebuttal Arguments for City measures must be filed with the City Clerk's office. Contact the City Clerk's office for filing deadlines. ABBREVIATED PRESIDENTIAL GENERAL ELECTION CALENDAR November 5, 2024 County of Santa Clara Registrar of Voters 2 The period covered by any statement begins on the day after the closing date of the last statement filed, OR January 1st, if no previous statement has been filed. 3 Date falls on a weekend or public holiday; deadlines move forward to the next business day as noted with the respective effected date. 1 Refer to California Elections Code §§9190, 9295, 9380, 9509, 13313, and 13314 for details of public examination periods and writ of mandate. Activity Periods and Due Date(s)ACTIVITIES / DOCUMENTS # of Days Prior to or Following Election REVISED JUNE 28, 2023 E- to E- E E+ E+ E+Thursday, December 5, 2024 7 Tuesday, October 29, 2024 0 Tuesday, November 5, 2024 22 Wednesday, November 27, 2024 E- (The ROV website will update for each election.) Saturday, October 26, 2024 to Tuesday, November 5, 202410to0E- 15 Monday, October 21, 2024 Official Ballot Drop Box and Vote Center Sites Information 12 Thursday, October 24, 2024 28 Tuesday, December 3, 2024 30 SIGNATURE VERIFICATION DATE Last day to turn in unsigned ballots or signature verification statements. OFFICIAL CANVASS OF VOTE Registrar of Voters to certify election results. Reporting Period:September 22, 2024 October 19, 2024 LAST DAY TO REQUEST VOTE-BY-MAIL BALLOT TO BE MAILED Deadline at 5:00 p.m. to submit a request for a Vote-by-Mail ballot to be mailed to voter. ELECTION DAY All Vote Centers and ROV office are open from 7:00 a.m. to 8:00 p.m. for dropping off ballot or voting in person. Ballots must be postmarked by this date to ensure eligibility of counted votes. LAST DAY TO REGISTER TO VOTE FOR NOVEMBER ELECTION Deadline to register to be eligible to vote in this election with a regular ballot. ELECTIONS OFFICIAL TO NOTIFY VOTER OF VERIFICATION OF SIGNATURE In the case of a voter whose signature does not match or is missing, the elections official is required to notify the voter at least 8 days before the certification of the election of an opportunity to update the voter's signature. 2 F.P.P.C. 2 nd PRE-ELECTION STATEMENT DUE Deadline for financial disclosure report Form 460 covering the reporting period noted below or the day after the closing date of the last statement filed. VOTE CENTERS OPEN 10 DAYS BEFORE AND INCLUDING ELECTION DAY Vote Centers are open to all registered voters in Santa Clara County. Vote Centers are open to all registered voters in jurisdictions holding special elections. Any voter can go to any Vote Center location throughout the County. Hours may vary by location and locations may vary with each election – please see listing on our website at sccvote.com or click link below. to Tuesday, November 5, 2024 CONDITIONAL VOTER REGISTRATION Conditional Voter Registration is open for a full 14 days prior to the election and must be done in person at the Registrar of Voters office or at any Vote Center. Vote centers are open 11 days prior to the election. Vote centers hours of operations my vary. Please check our website for the latest information. Official Ballot Drop Box and Vote Center Sites Information (The ROV website will be updated for each election.) E-14 to 0 Tuesday, October 22, 2024 3 31 CC 06-04-2024 31 of 530 From:Gumapos, Melvina To:Kirsten Squarcia Cc:ROV-fiscal Subject:RE: NOTIFICATION/REVIEW NEEDED: County of Santa Clara Proposed Updated Fees Schedule Date:Wednesday, May 22, 2024 4:39:32 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png image009.png image010.png image011.png image012.png image013.png image014.png image015.png image016.png image017.png image020.png image021.png image022.png CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Kristen, Good afternoon. Below is the cost estimate derived from the new fee schedule pending the board's final approval. It's important to note that this estimate relies on projected registration and information currently at hand. Adjustments may be necessary once the final billing of actual charges occurs post-election. Feel free to reach out should you have any questions. Thank you. Melvina ROV-Fiscal (408) 282-3087 32 CC 06-04-2024 32 of 530 COUNTY OF SANTA CLARA REGISTRAR OF VOTERS FEES SCHEDULE A1 BASE CHARGES FOR JURISDICTONS PARTICIPATING IN A PRIMARY AND GENERAL ELECTIONS $3.35 PER REGISTERED VOTER FOR FIRST ITEM AND $0.96 FOR EACH ADDITIONAL ITEM WITH THE SAME REGISTRATION ON THE BALLOT, PLUS SHARE IN THE COSTS OF LEGAL PUBLICATIONS, AND BALLOT PRINTING IN THE MANDATED LANGUAGES A2 SPECIAL ELECTIONS (ALL ELECTIONS OTHER THAN PRIMARY AND GENERAL) ACTUAL COSTS OF LABOR, SERVICES, SUPPLIES, AND ELECTION MATERIALS IN THE MANDATED LANGUAGES COMPUTED AFTER EACH ELECTION A3 MINIMUM CHARGES FOR JURISDICTIONS PARTICIPATING IN A PRIMARY OR GENERAL ELECTION WITH LESS THAN 2382 REGISTEREDVOTERS $7,977 FOR FIRST ITEM AND $ 2,286 FOR EACH ADDITIONAL ITEM ON BALLOT WITH THE SAME REGISTRATION, PLUS SHARE IN COSTS OF LEGAL PUBLICATIONS AND BALLOT PRINTING IN ALL MANDATED LANGUAGES A4 MINIMUM CHARGES FOR JURISDICTIONS THAT DO NOT GO TO ELECTION $2,406 FOR SPECIAL DISTRICT PER CONTEST, $1,464 FOR CITY PER CONTEST, AND $2,061 FOR SCHOOL DISTRICT PER CONTEST, PLUS COSTS OF LEGAL PUBLICATIONS A5.1 VOTER INFORMATION PAGES - MEASURE TEXT PAGES $4,821 FIXED FEE PER 400-WORD HALF PAGE, IN FIVE LANGUAGES, PLUS ADDITIONAL COST OF PRINTING THE TEXT PAGES IN COUNTY VOTER INFORMATION GUIDE (CVIG) A5.2 VOTER INFORMATION PAGES - MEASURE IMPARTIAL ANALYSIS $6,072 FIXED FEE PER 500-WORD PAGE IN FIVE LANGUAGES, PLUS ADDITIONAL COST OF PRINTING THE IMPARTIAL ANALYSIS PAGE IN COUNTY VOTER INFORMATION GUIDE (CVIG) A5.3 VOTER INFORMATION PAGES - MEASURE ARGUMENTS $4,377 FIXED FEE PER 300-WORD PAGE IN FIVE LANGUAGES, PLUS ADDITIONAL COST OF PRINTING THE ARGUMENT PAGES IN COUNTY VOTER INFORMATION GUIDE (CVIG) A5.4 VOTER INFORMATION PAGES - MEASURE REBUTTALS $3,542 FIXED FEE PER 250-WORD PAGE IN FIVE LANGUAGES, PLUS ADDITIONAL COST OF PRINTING THE REBUTTAL PAGES IN COUNTY VOTER INFORMATION GUIDE (CVIG) A6.1 VOTER INFORMATION PAGES - CANDIDATE STATEMENT - SUPERIOR COURT JUDGES 1% OF ANNUAL SALARY PER 200-WORD PAGE IN FIVE LANGUAGES IN COUNTY VOTER INFORMATION GUIDE (CVIG) A6.2 VOTER INFORMATION PAGES - CANDIDATE STATEMENT - 400 WORDS $4,711 FIXED FEE PER 400-WORD PAGE IN FIVE LANGUAGES, PLUS ADDITIONAL COST OF PRINTING THE CANDIDATE STATEMENT IN COUNTY VOTER INFORMATION GUIDE (CVIG) A6.3 VOTER INFORMATION PAGES - CANDIDATE STATEMENT - 250 WORDS $3,625 FIXED FEE PER 250-WORD PAGE IN FIVE LANGUAGES, PLUS ADDITIONAL COST OF PRINTING THE CANDIDATE STATEMENT IN COUNTY VOTER INFORMATION GUIDE (CVIG) A6.4 VOTER INFORMATION PAGES - CANDIDATE STATEMENT - 200 WORDS $3,100 FIXED FEE PER 200-WORD PAGE IN FIVE LANGUAGES, PLUS ADDITIONAL COST OF PRINTING THE CANDIDATE STATEMENT IN COUNTY VOTER INFORMATION GUIDE (CVIG) EFFECTIVE 07/01/2024 A. ELECTION SERVICES CURRENT ITEM NUMBER DESCRIPTION 1 33 CC 06-04-2024 33 of 530 COUNTY OF SANTA CLARA REGISTRAR OF VOTERS FEES SCHEDULE A7 RESEARCH AND COMPILATION SERVICES $128 MINIMUM AND $128 PER HALF-HOUR INCREMENT A8 CERTIFICATION SERVICES $102 PER CERTIFICATE B1 VOTER FILE - ELECTRONIC VERSION $152.00 B2 OTHER MISCELLANEOUS ELECTION INFORMATION - ELECTRONIC VERSION $152.00 C1 INITIAL REQUESTS ELECTRONIC VERSION $151.00 C2 UPDATES - DAILY OR WEEKLY ELECTRONIC VERSION $75.00 D1 ORIGINAL PRINTER OR PLOTTER MAPS SET UP FEE PER DISTRICT MAP, PLUS MATERIALS CHARGE AS FOLLOWS: $130 SET-UP FEE PRINTING FEE 17 X 22 $20 PER PAGE 22 X 34 $30 PER PAGE 34 X 44 $40 PER PAGE 40 X 60 $50 PER PAGE D2 DIGITAL MAPS (CUSTOM) MAPS BY DISTRICT $130 SET-UP FEE E1 FPPC PHOTOCOPIES $0.10 PER PAGE E2 FPPC RETRIEVAL FEE (MORE THAN FIVE YEARS OLD) SINGLE REQUEST OF ONE OR MORE REPORT AND STATEMENT $5 PER REQUEST PLUS $0.10 PER COPY F1 DOCUMENT PHOTOCOPIES $0.10 PER PAGE F2 POSTAGE & HANDLING ACTUAL COSTS OF POSTAGE AND HANDLING G1 PETITION SIGNATURE VERIFICATION ACTUAL LABOR COSTS BASED ON THE TIME STUDIES AND INDIRECT COSTS G2 REDISTRICTING ACTUAL LABOR COSTS BASED ON THE TIME STUDIES AND INDIRECT COSTS, PLUS COSTS OF SERVICES AND SUPPLIES IN MAILING NOTICES TO ALL REGISTERED VOTERS IN THE DISTRICTS G3 RECOUNT ACTUAL LABOR COSTS BASED ON THE TIME STUDIES AND INDIRECT COSTS, PLUS COSTS OF SERVICES AND SUPPLIES CALCULATED IN ACCORDANCE WITH THE ELECTIONS CODE E. FAIR POLITICAL PRACTICES COMMISSION (FPPC) REPORTS F. PHOTOCOPIES, POSTAGE, AND HANDLING G. MISCELLANEOUS SERVICES D. PRECINCT MAPS B. MISCELLANEOUS VOTER AND ELECTION INFORMATION C. VOTE BY MAIL VOTER INFORMATION 2 34 CC 06-04-2024 34 of 530 CITY OF CUPERTINO Agenda Item 23-12605 Agenda Date: 6/18/2024 Agenda #: 3. Subject: Ratifying Accounts Payable for the periods ending May 3, 2024; May 10, 2024; May 17, 2024; May 24, 2024; and May 31, 2024 A. Adopt Resolution No. 24-058 ratifying Accounts Payable for the Period ending May 3, 2024; B. Adopt Resolution No. 24-059 ratifying Accounts Payable for the Period ending May 10, 2024; C. Adopt Resolution No. 24-060 ratifying Accounts Payable for the Period ending May 17, 2024; D. Adopt Resolution No. 24-061 ratifying Accounts Payable for the Period ending May 24, 2024; and E. Adopt Resolution No. 24-062 ratifying Accounts Payable for the Period ending May 31, 2024 CITY OF CUPERTINO Printed on 6/12/2024Page 1 of 1 powered by Legistar™35 CC 06-04-2024 35 of 530 CITY COUNCIL STAFF REPORT Meeting: June 18, 2024 Subject Ratifying Accounts Payable for the periods ending May 3, 2024; May 10, 2024; May 17, 2024; May 24, 2024; and May 31, 2024 Recommended Action A. Adopt Resolution No. 24-XXX ratifying Accounts Payable for the Period ending May 3, 2024; B. Adopt Resolution No. 24-XXX ratifying Accounts Payable for the Period ending May 10, 2024; C. Adopt Resolution No. 24-XXX ratifying Accounts Payable for the Period ending May 17, 2024; D. Adopt Resolution No. 24-XXX ratifying Accounts Payable for the Period ending May 24, 2024; and E. Adopt Resolution No. 24-XXX ratifying Accounts Payable for the Period ending May 31, 2024 Discussion Unlike the Monthly Treasurer’s and Treasurer’s Investment Reports requiring regular reporting within a specific number of days, pursuant to California Government Code Section 41004 and 53607, the frequency of reporting the City’s Payment Register follows the City Resolution No. 5939, where the report will be “presented to the City Council not less often than once a month for ratification.” As such, monthly batches of Weekly Payment Registers are presented to City Council on the second meeting following the close of the reporting period to ensure sufficient time to present the previous month's batches within one report. Sustainability Impact No sustainability impact. Fiscal Impact No fiscal impact. 36 CC 06-04-2024 36 of 530 California Environmental Quality Act Not applicable. _____________________________________ Prepared by: Jonathan Orozco, Finance Manager Reviewed by: Kristina Alfaro, Director of Administrative Services and City Treasurer Approved for Submission by: Pamela Wu, City Manager A – Draft Resolution 5.3.24 B – Weekly AP Payment Register for the Period Ending 5.3.24 C – Draft Resolution 5.10.24 D – Weekly AP Payment Register for the Period Ending 5.10.24 E – Draft Resolution 5.17.24 F – Weekly AP Payment Register for the Period Ending 5.17.24 G – Draft Resolution 5.24.24 H – Weekly AP Payment Register for the Period Ending 5.24.24 I – Draft Resolution 5.31.24 J – Weekly AP Payment Register for the Period Ending 5.31.24 37 CC 06-04-2024 37 of 530 RESOLUTION NO. 24-XXX A RESOLUTION OF THE CUPERTINO CITY COUNCIL RATIFYING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING MAY 3, 2024 WHEREAS, the Director of Administrative Services or their designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby ratify the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of June, 2024 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Sheila Mohan, Mayor City of Cupertino ________________________ Date ATTEST: ________ Kirsten Squarcia, City Clerk ________________________ Date 38 CC 06-04-2024 38 of 530 Resolution No. 24-XXX Page 2 CERTIFICATION The Finance Manager hereby certifies to the accuracy of said records and to the availability of funds for payment. CERTIFIED: Jonathan Orozco, Finance Manager 39 CC 06-04-2024 39 of 530 Payment Register City of Cupertino From Payment Date: 4/27/2024 - To Payment Date: 5/3/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Main Account - Main Checking Account Check 734441 05/03/2024 Open Accounts Payable ALHAMBRA $676.68 Invoice Date Description Amount 4984902 041324 04/13/2024 Employee Drinking Water - Sports Center $77.21 21589707 041124 04/11/2024 Employee Drinking Water for Service Center $258.25 4984729 041324 04/13/2024 Drinking Water for QCC - $133.38 previous balance paid 4/19/24 $208.41 14628570 041824 04/18/2024 Employee Drinking Water for BBF $132.81 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $676.68 734442 05/03/2024 Open Accounts Payable CINTAS CORP $1,234.15 Invoice Date Description Amount 4189734172 04/16/2024 Service Center - Uniform Safety Apparel $1,234.15 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,234.15 734443 05/03/2024 Open Accounts Payable Henna Bash Event Services $1,250.00 Invoice Date Description Amount HennaBash042224 04/22/2024 Earth Day 2024 performer $1,250.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,250.00 734444 05/03/2024 Open Accounts Payable IRON MOUNTAIN $2,335.13 Invoice Date Description Amount JLDD443 04/30/2024 City Clerk Office Storage - 5/1/24 - 5/31/24 $2,335.13 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,335.13 734445 05/03/2024 Open Accounts Payable Lisa Molaro $17,517.80 Invoice Date Description Amount LMWinter2024-2 05/01/2024 Lisa Molaro Winter 2024-2 Contractor Payment $17,517.80 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $17,517.80 734446 05/03/2024 Open Accounts Payable Occupational Health Centers of California, A Medi $37.00 Invoice Date Description Amount 82911765 04/19/2024 TB Test w/ Chest X-Ray, Golonka $37.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $37.00 734447 05/03/2024 Open Accounts Payable Pacific Coast Flag $845.60 Invoice Date Description Amount 31204 03/25/2024 Facilities- 4x6 Nylon, 3x5 US Nylon, 4x6 CA Nyl-Glo $845.60 Paying Fund Cash Account Amount Monday, May 6, 2024Pages: 1 of 10user: Vi Tran 40 CC 06-04-2024 40 of 530 Payment Register City of Cupertino From Payment Date: 4/27/2024 - To Payment Date: 5/3/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $845.60 734448 05/03/2024 Open Accounts Payable Quality Sports, Inc. $276.95 Invoice Date Description Amount 28520 04/23/2024 Quality Sports; Gloves, #28520, $276.95 $276.95 Paying Fund Cash Account Amount 560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash) $276.95 734449 05/03/2024 Open Accounts Payable ReadyRefresh $185.87 Invoice Date Description Amount 14D0027344639 04/09/2024 City Hall Employee Drinking Water $185.87 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $185.87 734450 05/03/2024 Open Accounts Payable Santa Clara Valley Water District $39,683.00 Invoice Date Description Amount GN102933 04/22/2024 Landscape Conversion Rebate Program July-Dec 2023 $39,683.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $32,540.06 230 - Env Mgmt Cln Crk Strm Drain 230 100-100 (Cash & Investments Assets Operating Cash) $7,142.94 734451 05/03/2024 Open Accounts Payable T-MOBILE $104.49 Invoice Date Description Amount 4158-042124 04/21/2024 966594158-042124 $104.49 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $104.49 734452 05/03/2024 Open Accounts Payable University Ave. LLC $500.00 Invoice Date Description Amount 2024042901 04/29/2024 Public Service Recognition Week Mini Event $500.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $500.00 734453 05/03/2024 Open Accounts Payable Alan Enterprise LLC $908.60 Invoice Date Description Amount AE042224 04/22/2024 applicant paid for the wrong amount $908.60 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $908.60 734454 05/03/2024 Open Accounts Payable Cupertino Symphonic Band $500.00 Invoice Date Description Amount 2008861.030 04/04/2024 QCC- 10.08.23-03.24.24- Cupertino Room Security Deposit Refund $500.00 Paying Fund Cash Account Amount Monday, May 6, 2024Pages: 2 of 10user: Vi Tran 41 CC 06-04-2024 41 of 530 Payment Register City of Cupertino From Payment Date: 4/27/2024 - To Payment Date: 5/3/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $500.00 734455 05/03/2024 Open Accounts Payable Discovery Charter School $800.00 Invoice Date Description Amount 2008974.030 04/25/2024 QCC- 4.20.24- Cupertino & Social Room Security Deposit Refund $800.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $800.00 734456 05/03/2024 Open Accounts Payable ELEM3NTS-E3 INC $361.90 Invoice Date Description Amount 338616 04/24/2024 REFUND 10540 CULBERTSON DR BLD-2024-0524 WITHDRAWN $361.90 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $361.90 734457 05/03/2024 Open Accounts Payable Eunyeong Kim $40.00 Invoice Date Description Amount 2008980.030 04/25/2024 QCC class 24056 customer request to withdraw. $40.00 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $40.00 734458 05/03/2024 Open Accounts Payable Griffin, Kelly $250.00 Invoice Date Description Amount 2008890.030 04/11/2024 QCC- 04.11.24- Creekside Building Security Deposit Refund $250.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $250.00 734459 05/03/2024 Open Accounts Payable Lee, Mingun $72.00 Invoice Date Description Amount MingunLee4192024 04/19/2024 Live Scan and Fingerprinting Reimbursement $72.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $72.00 734460 05/03/2024 Open Accounts Payable LIN SHEN $625.00 Invoice Date Description Amount 340707 04/24/2024 REFUND 19710 WHEATON DR BLD-2024-0847 INCORRECT FEES $625.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $625.00 734461 05/03/2024 Open Accounts Payable SHARMA, MIHIR $62.00 Invoice Date Description Amount MihirS04242024 04/24/2024 Live Scan and Fingerprinting Reimbursement $62.00 Paying Fund Cash Account Amount Monday, May 6, 2024Pages: 3 of 10user: Vi Tran 42 CC 06-04-2024 42 of 530 Payment Register City of Cupertino From Payment Date: 4/27/2024 - To Payment Date: 5/3/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $62.00 734462 05/03/2024 Open Accounts Payable Wei, Li $5,000.00 Invoice Date Description Amount 310174 04/26/2024 10548 S Tantau Ave, Encroachment, 310174 $5,000.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $5,000.00 734463 05/03/2024 Open Accounts Payable Wendy Wallbridge $174.00 Invoice Date Description Amount Wallbridge041924 04/19/2024 duplicate license $174.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $174.00 734464 05/03/2024 Open Accounts Payable Zhu, Ryan $72.00 Invoice Date Description Amount RyanZ04192024 04/19/2024 Live Scan and Fingerprinting Reimbursement $72.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $72.00 734465 05/03/2024 Open Accounts Payable MID PENINSULA ROOFING INC.$511.76 Invoice Date Description Amount 330068 09/20/2023 REFUND 10133 S DE ANZA BLVD BLD-2023-1882 WITHDRAWN $511.76 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $511.76 Type Check Totals:25 Transactions $74,023.93 EFT 39582 04/29/2024 Open Accounts Payable EMPLOYMENT DEVEL DEPT $45,937.33 Invoice Date Description Amount 04192024 04/19/2024 CA State Tax pp 4/6/24-4/19/24 $45,937.33 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $45,937.33 39583 04/29/2024 Open Accounts Payable IRS $145,003.49 Invoice Date Description Amount 04192024 04/19/2024 Federal Tax pp 4/6/24-4/19/24 $145,003.49 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $145,003.49 39584 05/02/2024 Open Accounts Payable P E R S $400.77 Invoice Date Description Amount 04012024 04/19/2024 PERS Council pp 4/1/24-4/30/24 $400.77 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $400.77 Monday, May 6, 2024Pages: 4 of 10user: Vi Tran 43 CC 06-04-2024 43 of 530 Payment Register City of Cupertino From Payment Date: 4/27/2024 - To Payment Date: 5/3/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 39585 05/02/2024 Open Accounts Payable P E R S $169,252.23 Invoice Date Description Amount 04192024 04/19/2024 PERS pp 4/6/24-4/19/24 $169,252.23 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $169,252.23 39586 05/01/2024 Open Accounts Payable California Department of Tax & Fee Administration $521.00 Invoice Date Description Amount QTR1-2024 04/29/2024 SR GH 026-818149 Sales/Use Tax JAN24-MAR24 $521.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $52.26 560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash) $248.83 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $219.91 39587 04/29/2024 Open Accounts Payable TASC $2,235.84 Invoice Date Description Amount IN3094390 04/24/2024 Non-discrimination Testing 5/1/2024 - 4/30/2025 $2,235.84 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,235.84 39588 04/29/2024 Open Accounts Payable TASC $491.00 Invoice Date Description Amount IN3094941 04/24/2024 HRA - Administration Fees 4/1/2024 - 4/30/2024 $491.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $491.00 39589 04/29/2024 Open Accounts Payable TASC $256.46 Invoice Date Description Amount IN3094942 04/24/2024 FSA - Administration Fees 4/1/2024 - 4/30/2024 $256.46 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $256.46 39590 05/03/2024 Open Accounts Payable 4LEAF, Inc.$5,798.40 Invoice Date Description Amount J1181-24B 04/22/2024 Building Inspector Services - 2024/03 $5,798.40 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $5,798.40 39591 05/03/2024 Open Accounts Payable Amazon Capital Services $2,263.21 Invoice Date Description Amount 16W3-LCLG-YJ7H 04/01/2024 I&T Department orders 3/1/24 to 3/31/24 $2,178.12 196G-H399-FXRL 05/01/2024 General Supplies - Tape Measure Keychains, Construction Hat $85.09 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $277.22 Monday, May 6, 2024Pages: 5 of 10user: Vi Tran 44 CC 06-04-2024 44 of 530 Payment Register City of Cupertino From Payment Date: 4/27/2024 - To Payment Date: 5/3/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $1,985.99 39592 05/03/2024 Open Accounts Payable Andy Badal $55.00 Invoice Date Description Amount AndyB032824 03/28/2024 Andy 408-857-0630 cell reimbursement Feb 29 - Mar 28, 2024 $55.00 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $55.00 39593 05/03/2024 Open Accounts Payable Avocette Technologies Inc.$7,670.00 Invoice Date Description Amount 2403CU273 03/31/2024 FY24 Accela Support - ServicePlus++ Support March 2024 $7,670.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $7,670.00 39594 05/03/2024 Open Accounts Payable Avolve Software Corp $2,250.00 Invoice Date Description Amount 8541 04/17/2024 Professional Services: Data Migration April 2024 $2,250.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,250.00 39595 05/03/2024 Open Accounts Payable BRIAN GATHERS $110.00 Invoice Date Description Amount BrianG030424 03/04/2024 Cell Phone Reimbursement - Brian G 02.05.24 to 03.04.24 $55.00 BrianG020424 02/04/2024 Cell Phone Reimbursement - Brian G 01.05.24 to 02.04.24 $55.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $110.00 39596 05/03/2024 Open Accounts Payable Comcast Business Communications, LLC. $967.39 Invoice Date Description Amount 197528290 04/01/2024 Business Class Internet - Mary, Stevens ck, Mar. 2024 $967.39 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $967.39 39597 05/03/2024 Open Accounts Payable Conor Kelly $500.00 Invoice Date Description Amount ConorK04172024 04/17/2024 Earth Day 2024 performer $500.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $500.00 39598 05/03/2024 Open Accounts Payable Continental Battery Systems $127.49 Invoice Date Description Amount 28692404150850 04/15/2024 Fleet- Core Charges & Automotive Junk Exchange $127.49 Paying Fund Cash Account Amount Monday, May 6, 2024Pages: 6 of 10user: Vi Tran 45 CC 06-04-2024 45 of 530 Payment Register City of Cupertino From Payment Date: 4/27/2024 - To Payment Date: 5/3/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $127.49 39599 05/03/2024 Open Accounts Payable Dell Marketing L.P.$25,069.65 Invoice Date Description Amount 10744503775 04/22/2024 6x Dell Latitude 5430 Rugged $25,069.65 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $25,069.65 39600 05/03/2024 Open Accounts Payable Ewing Irrigation Products Inc.$2,228.99 Invoice Date Description Amount 21960173 04/10/2024 Grounds- PVC's, Rotor, G4 SLND ASSY PEB, Scoop Handle $2,228.99 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,228.99 39601 05/03/2024 Open Accounts Payable GARDENLAND POWER EQUIPMENT $524.73 Invoice Date Description Amount 1086684 04/03/2024 Fleet- AMP Stator Kit, Flywheel Assembly, Freight $524.73 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $524.73 39602 05/03/2024 Open Accounts Payable Goldfarb & Lipman LLP $5,894.00 Invoice Date Description Amount 471586 03/19/2024 Housing Legal Review 2024/02 $315.00 472209 04/25/2024 Legal Services, March 2024 $5,579.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $5,579.00 265 - BMR Housing 265 100-100 (Cash & Investments Assets Operating Cash) $315.00 39603 05/03/2024 Open Accounts Payable InservH2O Inc.$834.80 Invoice Date Description Amount 3780 04/10/2024 Facilities - Water Treatment April 2024 $834.80 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $834.80 39604 05/03/2024 Open Accounts Payable KEVIN GREENE $55.00 Invoice Date Description Amount KevinG041824 04/18/2024 Cell Phone Reimbursement - Kevin G 03.19.24 to 04.18.24 $55.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $55.00 39605 05/03/2024 Open Accounts Payable KMVT Community Television $1,710.00 Invoice Date Description Amount 7977 03/31/2024 Video Prod support Mar. 2024 - 3/29 Quarry, 3/5 & 3/19 CC mtgs. $1,710.00 Monday, May 6, 2024Pages: 7 of 10user: Vi Tran 46 CC 06-04-2024 46 of 530 Payment Register City of Cupertino From Payment Date: 4/27/2024 - To Payment Date: 5/3/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,710.00 39606 05/03/2024 Open Accounts Payable M-Group $40,122.50 Invoice Date Description Amount 2004309 02/15/2024 Assistant Planner Staffing Services - 2024/01 $14,720.00 2004357 03/08/2024 Assistant Planner Staffing Services - 2024/02 $13,800.00 2004410 04/04/2024 Assistant Planner Staffing Services - 2024/03 $11,902.50 CM02152024 02/15/2024 Apply CM related to Inv #2004309 ($100.00) CM03082024 03/08/2024 Apply CM related to Inv #2004357 ($100.00) CM04042024 04/04/2024 Apply CM related to Inv #2004410 ($100.00) Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $40,122.50 39607 05/03/2024 Open Accounts Payable Nickell Fire Protection, Inc.$170.00 Invoice Date Description Amount P059623 03/19/2024 Facilities- City Hall Fire Extinguisher Maintenance $170.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $170.00 39608 05/03/2024 Open Accounts Payable Online Solutions LLC $5,000.00 Invoice Date Description Amount 5522 04/29/2024 Citizenserve 5 user subscriptions 7/01/2024 - 09/30/2024 $5,000.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $5,000.00 39609 05/03/2024 Open Accounts Payable PACE Supply Corp $1,017.61 Invoice Date Description Amount 129431003 04/16/2024 Facilities- Blue Monster Thread Sealant, Seal Tape $39.65 129426249 04/16/2024 Facilities- Ball Valves, Brass Nipple, Adapter, ProPress $977.96 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,017.61 39610 05/03/2024 Open Accounts Payable PlaceWorks $37,236.95 Invoice Date Description Amount COCU-26.0-83147R 03/31/2024 GP 2040 and Zoning Code Amendments, & Subsequent EIR - Mar. 2024 $37,236.95 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $37,236.95 39611 05/03/2024 Open Accounts Payable Quartic Solutions $130.00 Invoice Date Description Amount 3919 04/09/2024 FY24 Quartic for GIS Support March 2024 $130.00 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $130.00 Monday, May 6, 2024Pages: 8 of 10user: Vi Tran 47 CC 06-04-2024 47 of 530 Payment Register City of Cupertino From Payment Date: 4/27/2024 - To Payment Date: 5/3/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 39612 05/03/2024 Open Accounts Payable Raimi & Associates, Inc.$2,018.80 Invoice Date Description Amount 24-6301 04/22/2024 Development of decarb strategy- March 2024 services $2,018.80 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,018.80 39613 05/03/2024 Open Accounts Payable Rise Housing Solutions, Inc $36,472.00 Invoice Date Description Amount Cupertino - 036 04/29/2024 BMR Program Administrator 2024/04 $36,472.00 Paying Fund Cash Account Amount 265 - BMR Housing 265 100-100 (Cash & Investments Assets Operating Cash) $36,472.00 39614 05/03/2024 Open Accounts Payable RUBY CHEN $200.00 Invoice Date Description Amount 04082024 04/08/2024 March 2024 Program Payment $200.00 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $200.00 39615 05/03/2024 Open Accounts Payable Shute, Mihaly & Weinberger LLP $3,688.65 Invoice Date Description Amount 285966 04/25/2024 Legal Services, March 2024 $733.64 285967 04/25/2024 Legal Services, March 2024 $2,955.01 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $3,688.65 39616 05/03/2024 Open Accounts Payable Staples $226.71 Invoice Date Description Amount 3486928449 09/10/2021 easel post it, whiteout tape, pens $47.27 3515316347 08/14/2022 Folders $64.10 3523353713 11/18/2022 card stock $56.66 3486928448 09/10/2021 Staples Order from Sept 2021 $58.68 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $226.71 39617 05/03/2024 Open Accounts Payable WOWzy Creation Corp. dba First Place $28.87 Invoice Date Description Amount 96526 04/17/2024 Name Plate for Jose Torres $28.87 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $28.87 39618 05/03/2024 Open Accounts Payable Zoom Video Communications, Inc.$18,283.87 Invoice Date Description Amount INV249209686 03/22/2024 Zoom subscription Mar 22, 2024-Mar 21, 2025 $18,283.87 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $18,283.87 Type EFT Totals:37 Transactions $564,752.74 Monday, May 6, 2024Pages: 9 of 10user: Vi Tran 48 CC 06-04-2024 48 of 530 Payment Register City of Cupertino From Payment Date: 4/27/2024 - To Payment Date: 5/3/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Main Account - Main Checking Account Totals Checks Status Count Transaction Amount Reconciled Amount Open 25 $74,023.93 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 25 $74,023.93 $0.00 EFTs Status Count Transaction Amount Reconciled Amount Open 37 $564,752.74 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Total 37 $564,752.74 $0.00 All Status Count Transaction Amount Reconciled Amount Open 62 $638,776.67 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 62 $638,776.67 $0.00 Grand Totals: Checks Status Count Transaction Amount Reconciled Amount Open 25 $74,023.93 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 25 $74,023.93 $0.00 EFTs Status Count Transaction Amount Reconciled Amount Open 37 $564,752.74 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Total 37 $564,752.74 $0.00 All Status Count Transaction Amount Reconciled Amount Open 62 $638,776.67 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 62 $638,776.67 $0.00 Monday, May 6, 2024Pages: 10 of 10user: Vi Tran 49 CC 06-04-2024 49 of 530 RESOLUTION NO. 24-XXX A RESOLUTION OF THE CUPERTINO CITY COUNCIL RATIFYING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING MAY 10, 2024 WHEREAS, the Director of Administrative Services or their designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby ratify the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of June, 2024 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Sheila Mohan, Mayor City of Cupertino ________________________ Date ATTEST: ________ Kirsten Squarcia, City Clerk ________________________ Date 50 CC 06-04-2024 50 of 530 Resolution No. 24-XXX Page 2 CERTIFICATION The Finance Manager hereby certifies to the accuracy of said records and to the availability of funds for payment. CERTIFIED: Jonathan Orozco, Finance Manager 51 CC 06-04-2024 51 of 530 Payment Register City of Cupertino From Payment Date: 5/4/2024 - To Payment Date: 5/10/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Main Account - Main Checking Account Check 734466 05/10/2024 Open Accounts Payable ASBURY ENVIRONMENTAL SERVICES $100.00 Invoice Date Description Amount I500-01058789 04/23/2024 Street- Used Oil/Mixed Oil Service Charge, EPA Fee $100.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $100.00 734467 05/10/2024 Open Accounts Payable AT&T $2,244.08 Invoice Date Description Amount 000021552968 04/12/2024 9391069197 911 Telephone Lines 03/12/2024 - 04/11/2024 $196.13 000021529788 04/10/2024 9391051384 3/10/24-4/9/24 $1,604.64 000021551963 04/12/2024 9391023221 (408-253-9200) 3/12/24-4/11/24 $62.30 000021551965 04/12/2024 9391023223 3/12/24-4/11/24 $86.50 000021552059 04/12/2024 9391023219 (408-252-1118) 3/12/24-4/11/24 $64.10 000021552060 04/12/2024 9391023217 (237-361-8095) 3/12/24-4/11/24 $81.36 000021552061 04/12/2024 9391023216 (233-281-5494) 3/12/24-4/11/24 $65.68 000021552062 04/12/2024 9391023215 (233-281-4421) 3/12/24-4/11/24 $83.37 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,924.42 560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash) $62.30 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $61.23 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $196.13 734468 05/10/2024 Open Accounts Payable Bay Aerials Gymnastics $4,158.00 Invoice Date Description Amount 05072023 05/07/2024 April 2024 Program Payment $4,158.00 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $4,158.00 734469 05/10/2024 Open Accounts Payable California Resource Recovery Association (CRRA) $3,825.00 Invoice Date Description Amount 14130-34 04/22/2024 CRRA 2024 conference registration- 5 staff $3,825.00 Paying Fund Cash Account Amount 520 - Resource Recovery 520 100-100 (Cash & Investments Assets Operating Cash) $3,825.00 734470 05/10/2024 Open Accounts Payable CINTAS CORP $1,203.64 Invoice Date Description Amount 4191195337 04/30/2024 Service Center - Uniform Safety Apparel $1,203.64 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,203.64 Monday, May 13, 2024Pages: 1 of 19user: Vi Tran 52 CC 06-04-2024 52 of 530 Payment Register City of Cupertino From Payment Date: 5/4/2024 - To Payment Date: 5/10/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 734471 05/10/2024 Open Accounts Payable City of Morgan Hill $2,800.00 Invoice Date Description Amount 2024-102 05/02/2024 2024 SCCLA Attendees - A. Robles, D. Barone $2,800.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,800.00 734472 05/10/2024 Open Accounts Payable County of Santa Clara $2,552.00 Invoice Date Description Amount IN1314690 04/15/2024 Environmental Health BBF Pools AR1200965 FA0200965 $1,514.00 IN1313842 04/15/2024 DEH Permit- Above Ground Petroleum Storage Act Program $1,038.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,038.00 420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash) $1,514.00 734473 05/10/2024 Open Accounts Payable County of Santa Clara -Office of the Sheriff $1,463,927.17 Invoice Date Description Amount 1800089327 04/02/2024 Advanced for the Law Enforcement Svs (Apr 2024)$1,463,927.17 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,463,927.17 734474 05/10/2024 Open Accounts Payable Data Ticket, Inc.$25.00 Invoice Date Description Amount 163656 04/23/2024 Online access to citation processing-March 2024 $25.00 Paying Fund Cash Account Amount 230 - Env Mgmt Cln Crk Strm Drain 230 100-100 (Cash & Investments Assets Operating Cash) $25.00 734475 05/10/2024 Open Accounts Payable EMPLOYMENT DEVELOPMENT DEPARTMENT $5,256.00 Invoice Date Description Amount L0381926736 04/30/2024 Unemployment Insurance Benefit Charge Mar 31 2024 Q1 $5,256.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $5,256.00 734476 05/10/2024 Open Accounts Payable Foster Brothers Security Systems $1,145.81 Invoice Date Description Amount 5490 04/26/2024 Facilities- Mort Lock Case $1,145.81 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,145.81 734477 05/10/2024 Open Accounts Payable HOME DEPOT CREDIT SERVICES $1,213.88 Invoice Date Description Amount 8013261 03/29/2024 Street- Dan B- Heavy Duty Tape, Duct Tape, Tool Bag $103.58 9605257 03/28/2024 Facilities- Ty B- Plasti-Dip, Flex Seal, Gorilla Patch & Seal $85.18 Monday, May 13, 2024Pages: 2 of 19user: Vi Tran 53 CC 06-04-2024 53 of 530 Payment Register City of Cupertino From Payment Date: 5/4/2024 - To Payment Date: 5/10/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 4361091 04/02/2024 Grounds- Paul S- Textured Trim, 1x4x8 Siding, Lumber Fee, $38.51 9613428 03/28/2024 Facilities- Michael C- Lithium Grease $7.63 9091571 03/28/2024 Facilities- Domingo S- Toto Flapper $36.68 3614914 04/03/2024 Facilities- Ty B- Patcher, Filler, Bonding, Trowel, Nut Driver.. $95.22 3511587 04/03/2024 Facilities- Michael C- Time Delay Cartridge $48.13 2371442 04/04/2024 Grounds- Aaron S- Lock Nut, Slide Bolt, Wire $44.68 1013843 04/05/2024 Street- John R- HSK Rat Strap, Small Moving Box $16.53 8616192 04/08/2024 Facilities- Michael M- Stripper Blades, Blade Tubes $15.06 7361105 04/09/2024 Facilities- Brandon M- Roller Frame, Paint Rollers, Mini Tray $23.87 1030990 04/05/2024 Facilities- Brandon M- Bondo Body Filler $41.54 5603077 04/11/2024 Facilities- Michael C - Hose Mender, Handy Hook, Watering Hose $55.94 4522409 04/12/2024 Facilities- Michael C- Energizer 2-Pack $7.51 6390995 04/10/2024 Grounds-Aaron S-Bucket, Metal Set. Pruning, Pencil, Lumber, QC.. $270.43 5617014 04/11/2024 Grounds- Bill B- Shrub Rake, Anvil Lopper $40.43 1032045 04/15/2024 Trees/ROW- Adam P-Lumbar, Lumbar Fee, Lock Nuts, Washer, Bolt $43.86 4031760 04/12/2024 Trees/ROW- Ricardo A- 16 Gauge Annealed Wire $13.42 3524992 04/23/2024 Facilities- Domingo S- Orange Glo, Outlet, Midway Toggle $29.34 1612882 04/25/2024 Trees/ROW- Brett H- PVC Elbows, PVC Locks $4.92 0523306 04/16/2024 Facilities- Brandon M. - Korky Flapper $10.92 0604215 04/16/2024 Facilities- Brandon M. - Korky Complete Kit, Toilet Tank Lever $50.80 1612883 04/25/2024 Facilites- Michael M. - Duplex Outlets, Lite Cable, Wallplates $80.39 5617032 04/11/2024 Facilities- Michael M. - Drill Strip Disc $8.17 1092986 04/25/2024 Facilities- Michael M. - EZ Patch, Duplex Outlet $14.50 1200777 04/25/2024 Facilities- Michael M. - Duplex Outlets $10.89 1200775 04/25/2024 Facilities- Michael M. Credit for Inv#1612883 ($3.28) 1512197 04/05/2024 Facilities- Michael M- Grind Wheel, Drill Strip Disc $19.03 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,110.30 230 - Env Mgmt Cln Crk Strm Drain 230 100-100 (Cash & Investments Assets Operating Cash) $103.58 734478 05/10/2024 Open Accounts Payable Homestead 76 $119.96 Invoice Date Description Amount 202402 02/01/2024 Fleet- Carwash Services Feb 2024 $29.99 202403 03/01/2024 Fleet- Carwash Services Mar 2024 $89.97 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $119.96 734479 05/10/2024 Open Accounts Payable HUICHEN LIN $1,215.90 Invoice Date Description Amount 05062024 05/06/2024 January-February 2024 Classes + Drop-ins $1,215.90 Monday, May 13, 2024Pages: 3 of 19user: Vi Tran 54 CC 06-04-2024 54 of 530 Payment Register City of Cupertino From Payment Date: 5/4/2024 - To Payment Date: 5/10/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,215.90 734480 05/10/2024 Open Accounts Payable ICMA Membership Renewals, (ICMA)$1,200.00 Invoice Date Description Amount ICMA041024 04/10/2024 Membership Renewal for Pamela Wu_ Member #1140460 $1,200.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,200.00 734481 05/10/2024 Open Accounts Payable IMSA $160.00 Invoice Date Description Amount JoseR042424 04/24/2024 Streets - Jose Ramirez IMSA Add Member for 2024 $80.00 FernandoJ042424 04/24/2024 Streets - Fernando Jimenez IMSA Add Member for 2024 $80.00 Paying Fund Cash Account Amount 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $160.00 734482 05/10/2024 Open Accounts Payable JOHNSON CONTROLS FIRE PROTECTION LP $2,210.06 Invoice Date Description Amount 51855626 04/19/2024 Facilities- Quinlan Community Center Alarm and Detection $2,210.06 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,210.06 734483 05/10/2024 Open Accounts Payable Linda Hsu $2,485.70 Invoice Date Description Amount 05072024 05/07/2024 March-April 2024 Classes $2,485.70 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,485.70 734484 05/10/2024 Open Accounts Payable LIVE OAK ADULT DAY SERVICES $4,862.33 Invoice Date Description Amount LvOkCDBGQ3FY2324 04/11/2024 Live Oak Q3 Public Service FY23-24 $4,862.33 Paying Fund Cash Account Amount 260 - CDBG 260 100-100 (Cash & Investments Assets Operating Cash) $4,862.33 734485 05/10/2024 Open Accounts Payable Michele Westlaken $268.80 Invoice Date Description Amount 05072024 05/07/2024 March-April 2024 Classes $268.80 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $268.80 734486 05/10/2024 Open Accounts Payable O'Reilly Auto Parts $12.54 Invoice Date Description Amount 2591-351003 02/26/2024 Fleet - Credit for Invoice# 2591-349497 ($38.34) 2591-349497 02/19/2024 Fleet - Cool Tem Sensor $38.34 Monday, May 13, 2024Pages: 4 of 19user: Vi Tran 55 CC 06-04-2024 55 of 530 Payment Register City of Cupertino From Payment Date: 5/4/2024 - To Payment Date: 5/10/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 2591-363324 04/26/2024 Fleet- Synthetic Oil $12.54 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $12.54 734487 05/10/2024 Open Accounts Payable Operating Engineers Local Union No. 3 $1,496.95 Invoice Date Description Amount 05032024 05/03/2024 Union Dues pp 4/20/24-5/3/24 $1,496.95 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,496.95 734488 05/10/2024 Open Accounts Payable Pacific Gas and Electric $38,458.83 Invoice Date Description Amount 127305279_031224 03/12/2024 100 S Stelling Rd Cupertin_Contract# 50099394V1 $38,458.83 Paying Fund Cash Account Amount 420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash) $38,458.83 734489 05/10/2024 Open Accounts Payable Presidio Golf Course $1,593.49 Invoice Date Description Amount 05152024 04/25/2024 Senior Trip: 5/15/24 - Tunnel Tops at the Presidio $1,593.49 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,593.49 734490 05/10/2024 Open Accounts Payable RANI NATARAJAN $25.00 Invoice Date Description Amount R.NATARAJAN 3.25 03/25/2024 RAFT REIMBURSEMENT $25.00 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $25.00 734491 05/10/2024 Open Accounts Payable REBECCA MCCORMICK $611.00 Invoice Date Description Amount 05072024 05/07/2024 April 2024 Program Payment $611.00 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $611.00 734492 05/10/2024 Open Accounts Payable Red Rooster Brick Oven LLC $592.00 Invoice Date Description Amount 2001321 01/16/2024 Senior Trip: 6/5/24-GuideDogsForTheBlind&Marin Civic Ctr Deposit $592.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $592.00 734493 05/10/2024 Open Accounts Payable Regents of the University of California $2,389.24 Invoice Date Description Amount 12550302 05/08/2024 OnLAW Pro - Real Property Library, May 8 2024-May 7 2025 $2,389.24 Paying Fund Cash Account Amount Monday, May 13, 2024Pages: 5 of 19user: Vi Tran 56 CC 06-04-2024 56 of 530 Payment Register City of Cupertino From Payment Date: 5/4/2024 - To Payment Date: 5/10/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,389.24 734494 05/10/2024 Open Accounts Payable Robert L. Ostenberg $1,042.50 Invoice Date Description Amount RobOstWinter2024 04/17/2024 Robert Ostenberg Winter 2024 Contractor Payment $1,042.50 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $1,042.50 734495 05/10/2024 Open Accounts Payable Royal Coach Tours $4,339.00 Invoice Date Description Amount 29275 05/15/2024 Charter 29851: 5/15/24 - Tunnel Tops at the Presidio Trip $1,453.00 29851 05/30/2024 Charter 29851: 5/30/24 - Charming St. Helena Trip $1,593.00 29455 06/05/2024 Charter 29455:6/5/24-Guide Dogs for the Blind&Marin Civic CtrTrp $1,293.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,339.00 734496 05/10/2024 Open Accounts Payable RPM EXTERMINATORS INC $1,275.00 Invoice Date Description Amount 0108245 04/22/2024 Facilities- Bait Trap Service $1,275.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,020.00 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $255.00 734497 05/10/2024 Open Accounts Payable San Jose Water Company $590.81 Invoice Date Description Amount 7329-04262024 04/26/2024 0645365732-9 Streets Division 3.27.24 to 4.26.24 $580.81 SJW072623-38-A 07/26/2023 3857710000-1 - 8322 Foothill/Cupertino Rd – Adjustment $10.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $10.00 230 - Env Mgmt Cln Crk Strm Drain 230 100-100 (Cash & Investments Assets Operating Cash) $580.81 734498 05/10/2024 Open Accounts Payable SANTA CLARA COUNTY SHERIFF - GARNISHMENT $313.80 Invoice Date Description Amount 05032024 05/03/2024 Garnishment - Brandon Morales pp 4/20/24-5/3/24 $313.80 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $313.80 734499 05/10/2024 Open Accounts Payable Sierra Pacific Turf Supply, Inc.$722.16 Invoice Date Description Amount 01004610 03/30/2024 Grounds- Instant Soap'n'Water $131.47 01005150 04/05/2024 Grounds- Dolormark, Topper Seed Cover $590.69 Paying Fund Cash Account Amount Monday, May 13, 2024Pages: 6 of 19user: Vi Tran 57 CC 06-04-2024 57 of 530 Payment Register City of Cupertino From Payment Date: 5/4/2024 - To Payment Date: 5/10/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $722.16 734500 05/10/2024 Open Accounts Payable SUMMERWINDS GARDEN CNTR INC. $226.22 Invoice Date Description Amount 1935/59 05/01/2024 Grounds- Coleonema, Limonium, Latana, Salvia $226.22 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $226.22 734501 05/10/2024 Open Accounts Payable Wanco, Inc.$120.00 Invoice Date Description Amount FMI-0003325 05/13/2024 Streets - Data Pkg $120.00 Paying Fund Cash Account Amount 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $120.00 734502 05/10/2024 Open Accounts Payable WhenToWork, LLC $968.00 Invoice Date Description Amount 27900410-150-6-P 04/25/2024 Paying 27900410-150-6-PRO-24 Online Scheduling Services 6 Months $968.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $968.00 734503 05/10/2024 Open Accounts Payable Evangeline Wai $73.45 Invoice Date Description Amount EvangelineW0424 04/26/2024 Live Scan and Fingerprinting Reimbursement $73.45 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $73.45 734504 05/10/2024 Open Accounts Payable Isaac Mills $72.00 Invoice Date Description Amount Isaac04292024 04/29/2024 Live Scan and Fingerprinting Reimbursement $72.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $72.00 734505 05/10/2024 Open Accounts Payable Jaseer Abdulla $73.78 Invoice Date Description Amount JasserA04272024 04/27/2024 Live Scan and Fingerprinting Reimbursement $73.78 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $73.78 734506 05/10/2024 Open Accounts Payable Bullock, Ron $19.67 Invoice Date Description Amount RonB031020 03/10/2020 Michaels: Frame for Community Hall Picture $19.67 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $19.67 Type Check Totals:41 Transactions $1,555,988.77 Monday, May 13, 2024Pages: 7 of 19user: Vi Tran 58 CC 06-04-2024 58 of 530 Payment Register City of Cupertino From Payment Date: 5/4/2024 - To Payment Date: 5/10/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference EFT 39619 05/06/2024 Open Accounts Payable SQUARE, INC.$70.00 Invoice Date Description Amount SQUARE050224 05/02/2024 SQUARE Team Plus 5/1/24-6/1/24 $70.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $70.00 39620 05/10/2024 Open Accounts Payable Colonial Life & Accident Insurance $29.16 Invoice Date Description Amount 05032024 05/03/2024 Colonial Products pp 4/20/24-5/3/24 $29.16 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $29.16 39621 05/10/2024 Open Accounts Payable Employment Development $10,536.93 Invoice Date Description Amount 05032024 05/03/2024 State Disability Insurance pp 4/20/24-5/3/24 $10,536.93 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $10,536.93 39622 05/10/2024 Open Accounts Payable National Deferred (ROTH)$2,875.48 Invoice Date Description Amount 05032024 05/03/2024 Nationwide Roth pp 4/20/24-5/3/24 $2,875.48 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,875.48 39623 05/10/2024 Open Accounts Payable National Deferred Compensation $21,976.43 Invoice Date Description Amount 05032024 05/03/2024 Nationwide Deferred Compensation pp 4/20/24-5/3/24 $21,976.43 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $21,976.43 39624 05/10/2024 Open Accounts Payable PERS-457K $15,437.52 Invoice Date Description Amount 05032024 05/03/2024 PERS 457K pp 4/20/24-5/3/24 $15,437.52 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $15,437.52 39625 05/10/2024 Open Accounts Payable State Disbursement Unit $603.49 Invoice Date Description Amount 05032024 05/03/2024 Child Support pp 4/20/24-5/3/24 $603.49 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $603.49 39626 05/10/2024 Open Accounts Payable JOYFUL MELODIES $867.20 Invoice Date Description Amount JOY_FALL23_2 04/30/2024 JOYFUL_FALL_12.25-29_PAYMENT2 $867.20 Paying Fund Cash Account Amount Monday, May 13, 2024Pages: 8 of 19user: Vi Tran 59 CC 06-04-2024 59 of 530 Payment Register City of Cupertino From Payment Date: 5/4/2024 - To Payment Date: 5/10/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $867.20 39627 05/10/2024 Open Accounts Payable 4 Point Power, Inc $11,300.00 Invoice Date Description Amount 1673 04/11/2024 Facilities- Monta Vista Water Heater Amp $2,000.00 1676 04/15/2024 Facilities- 50 Amp Circuit for EV Charges Pit Bay $4,500.00 1675 04/15/2024 Facilities- 50 amp Circuit for EV Charges Fleet Shop $3,500.00 1679 04/30/2024 Facilities- 120v power to service center faucet $1,300.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $11,300.00 39628 05/10/2024 Open Accounts Payable 4LEAF, Inc.$2,832.00 Invoice Date Description Amount J3872-05E 03/31/2024 Regnart Road improvements through 03312024- 03312024 $2,832.00 Paying Fund Cash Account Amount 420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash) $2,832.00 39629 05/10/2024 Open Accounts Payable AIRGAS USA LLC $97.67 Invoice Date Description Amount 5507889238 04/30/2024 Fleet- Acetylene & Oxygen Cylinder Rental $97.67 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $97.67 39630 05/10/2024 Open Accounts Payable Aldo Corral $55.00 Invoice Date Description Amount AldoC032524 03/25/2024 Cell Phone Reimbursement - Aldo C 02.26.24 to 03.25.24 $55.00 Paying Fund Cash Account Amount 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $55.00 39631 05/10/2024 Open Accounts Payable Alliant Insurance Services, Inc.$692.00 Invoice Date Description Amount 2655765 05/06/2024 Insurance Premium for Summer Concert Series 2024 $692.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $692.00 39632 05/10/2024 Open Accounts Payable Amazon Capital Services $6,035.72 Invoice Date Description Amount 1FJC-7VKT-HRPL 05/01/2024 Amazon Purchases April 2024 - PR1 Admin $26.15 196G-H399-GKVQ 05/01/2024 Amazon Purchases April 2024 - PR3 Sports Recreation $650.82 1XQX-QHWH-H3ML 05/01/2024 Service Center - Multiple Division Purchases 4.1.24 to 4.3.24 $4,519.81 1N4D-HKLL-G117 05/01/2024 Amazon Purchases April 2024 - PR5 Outdoor Recreation $468.58 1CWT-7W4G-HCXJ 05/01/2024 Cardstock for AC $7.63 1WJQ-9GR6-1M1J 04/01/2024 Citywide Coffee & supplies for budget booths $208.91 Monday, May 13, 2024Pages: 9 of 19user: Vi Tran 60 CC 06-04-2024 60 of 530 Payment Register City of Cupertino From Payment Date: 5/4/2024 - To Payment Date: 5/10/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 1C76-7NF7-FTX7 05/01/2024 Earth Day Supplies & compost site chair $153.82 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $3,717.53 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $1,318.45 520 - Resource Recovery 520 100-100 (Cash & Investments Assets Operating Cash) $21.83 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $676.97 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $300.94 39633 05/10/2024 Open Accounts Payable ANTONIO TORREZ $240.00 Invoice Date Description Amount AntonioT05062024 05/06/2024 Reimbursement for Residential Mechanical Inspector Certification $240.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $240.00 39634 05/10/2024 Open Accounts Payable Applied Development Economics $3,400.00 Invoice Date Description Amount 3241260 03/29/2024 Economic Development Strategy Data Consulting Services Nov - Mar $3,400.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $3,400.00 39635 05/10/2024 Open Accounts Payable Aquatic Central $3,000.00 Invoice Date Description Amount 100019 04/15/2024 Facilities - Library Aquarium Maint. April 2024 $3,000.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $3,000.00 39636 05/10/2024 Open Accounts Payable B&H PHOTO-VIDEO $367.62 Invoice Date Description Amount 223588126 04/25/2024 HP USB Table MIC for Studio X50/X52/X70 $367.62 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $367.62 39637 05/10/2024 Open Accounts Payable Baker Tilly US, LLP $8,550.00 Invoice Date Description Amount BT2780252 04/30/2024 Fiscal Sustainability Planning – April 2024 $8,550.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $8,550.00 39638 05/10/2024 Open Accounts Payable Bay Area News Group $9,118.98 Invoice Date Description Amount 0001409642 04/30/2024 Legal Advertising - 4/1/2024-4/30/24 $9,118.98 Paying Fund Cash Account Amount Monday, May 13, 2024Pages: 10 of 19user: Vi Tran 61 CC 06-04-2024 61 of 530 Payment Register City of Cupertino From Payment Date: 5/4/2024 - To Payment Date: 5/10/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $9,118.98 39639 05/10/2024 Open Accounts Payable Bear Electrical Solutions, Inc.$11,500.00 Invoice Date Description Amount 21688 02/15/2024 City of Cupertino Traffic Signal Repair at Lazaneo $11,500.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $11,500.00 39640 05/10/2024 Open Accounts Payable Bikeep Inc.$49.00 Invoice Date Description Amount 18099 04/30/2024 Monthly Bikeep Fee $49.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $49.00 39641 05/10/2024 Open Accounts Payable BRIAN GATHERS $55.00 Invoice Date Description Amount BrianG050424 05/04/2024 Cell Phone Reimbursement - Brian G 04.05.24 to 05.04.24 $55.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $55.00 39642 05/10/2024 Open Accounts Payable CLARITAS, LLC $199.00 Invoice Date Description Amount 2728868 04/12/2024 Claritas Spotlight Transactional Reports $199.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $199.00 39643 05/10/2024 Open Accounts Payable Continental Battery Systems $351.08 Invoice Date Description Amount 28692404221210 04/22/2024 Fleet- Core Charges & Automotive Junk Exchange $111.98 35312404291024 04/29/2024 Fleet- Automotive Core Charges $239.10 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $351.08 39644 05/10/2024 Open Accounts Payable DAN BARONE $55.00 Invoice Date Description Amount DanB041824 04/18/2024 Cell Phone Reimbursement - Dan B 031924 to 041824 $55.00 Paying Fund Cash Account Amount 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $55.00 39645 05/10/2024 Open Accounts Payable Danielle Carriedo $480.00 Invoice Date Description Amount DanielleCA042324 04/23/2024 Reimbursement for Residential Mechanical Inspector Certification $240.00 DanielleCA050624 05/06/2024 Reimbursement for Residential Plumbing Inspector Certification $240.00 Paying Fund Cash Account Amount Monday, May 13, 2024Pages: 11 of 19user: Vi Tran 62 CC 06-04-2024 62 of 530 Payment Register City of Cupertino From Payment Date: 5/4/2024 - To Payment Date: 5/10/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $480.00 39646 05/10/2024 Open Accounts Payable Doggie Walk Bags, Inc.$2,864.53 Invoice Date Description Amount 0112879-IN 04/24/2024 Grounds- Unscented Disposable Bags $2,864.53 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,864.53 39647 05/10/2024 Open Accounts Payable East Bay Tire Co.$571.53 Invoice Date Description Amount 2034358 04/30/2024 Fleet- Urban Dawg Tires $571.53 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $571.53 39648 05/10/2024 Open Accounts Payable EDGES ELECTRICAL GROUP $434.89 Invoice Date Description Amount S6139868.001 04/29/2024 Street- Blu Wire Connectors, Locking Cable Tie $286.30 S6139870.001 04/29/2024 Street- 25ft Fish Tape & 100ft Fish Tape $148.59 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $434.89 39649 05/10/2024 Open Accounts Payable Eflex Group, Inc $4,488.97 Invoice Date Description Amount 05032024 05/03/2024 FSA pp 4/20/24-5/3/24 $4,488.97 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,488.97 39650 05/10/2024 Open Accounts Payable Enterprise FM Trust $572.73 Invoice Date Description Amount FBN5034530 05/03/2024 Fleet - May 2024 Ford Escape Vin# 9773 $572.73 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $572.73 39651 05/10/2024 Open Accounts Payable Environmental Innovations, Inc $2,085.00 Invoice Date Description Amount 2558 05/06/2024 SUPs outreach- April 2024 services $2,085.00 Paying Fund Cash Account Amount 520 - Resource Recovery 520 100-100 (Cash & Investments Assets Operating Cash) $2,085.00 39652 05/10/2024 Open Accounts Payable GRACE DUVAL $226.80 Invoice Date Description Amount 05062024 05/06/2024 Zumba Gold (3/13-4/10)$226.80 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $226.80 Monday, May 13, 2024Pages: 12 of 19user: Vi Tran 63 CC 06-04-2024 63 of 530 Payment Register City of Cupertino From Payment Date: 5/4/2024 - To Payment Date: 5/10/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 39653 05/10/2024 Open Accounts Payable GRAINGER INC $2,298.11 Invoice Date Description Amount 9102078699 04/29/2024 Street- Ballast Kit & Photo Controls $1,519.93 9102078707 04/29/2024 Street- Quartz Bulb $291.00 9106223994 05/02/2024 Facilities- Overload Relay, IECMAG Contactor $307.63 9107989619 05/03/2024 Facilities- Filter Element Paper, Fuse, Micro Filter Element $179.55 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,298.11 39654 05/10/2024 Open Accounts Payable Gym Precision, Inc.$1,219.17 Invoice Date Description Amount 19697 05/03/2024 Quarterly Preventative Maintenance was performed on gym equipmen $1,219.17 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $1,219.17 39655 05/10/2024 Open Accounts Payable HdL Coren & Cone $5,058.86 Invoice Date Description Amount SIN038071 04/25/2024 Contract Services Property Tax: April - June 2024 $5,058.86 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $5,058.86 39656 05/10/2024 Open Accounts Payable HERITAGE LANDSCAPE SUPPLY GROUP $216.40 Invoice Date Description Amount 0014859325-002 04/24/2024 Trees/ROW- RB Xeri- Retrofit Kit $216.40 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $216.40 39657 05/10/2024 Open Accounts Payable IFPTE LOCAL 21 $1,979.95 Invoice Date Description Amount 05032024 05/03/2024 Association Dues - CEA pp 4/20/24-5/3/24 $1,979.95 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,979.95 39658 05/10/2024 Open Accounts Payable IMPEC GROUP INC,.$71,232.01 Invoice Date Description Amount 2404125 04/30/2024 Facilities - Janitorial Services Apr 2024 $70,262.01 2404231 04/30/2024 Facilities-Custodial Services: QCC, Senior Center, Memorial Park $970.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $61,705.01 560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash) $1,159.00 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $8,368.00 Monday, May 13, 2024Pages: 13 of 19user: Vi Tran 64 CC 06-04-2024 64 of 530 Payment Register City of Cupertino From Payment Date: 5/4/2024 - To Payment Date: 5/10/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 39659 05/10/2024 Open Accounts Payable Jahara Pagadipaala $1,321.60 Invoice Date Description Amount 05072024 05/07/2024 April 2024 Program Payment $560.00 050724 05/07/2024 March-April 2024 Classes $761.60 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $761.60 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $560.00 39660 05/10/2024 Open Accounts Payable Joe A. Gonsalves & Son $4,500.00 Invoice Date Description Amount 161466 03/20/2024 State Legislative Advocacy Services – April 2024 $4,500.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,500.00 39661 05/10/2024 Open Accounts Payable Law Office of Clare M. Gibson $1,880.00 Invoice Date Description Amount 1240 05/01/2024 Legal Services, April 2024 $1,880.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,880.00 39662 05/10/2024 Open Accounts Payable Mei’s Dance Academy $840.00 Invoice Date Description Amount 05072024 05/07/2024 March-April 2024 Classes $840.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $840.00 39663 05/10/2024 Open Accounts Payable MissionSquare $15,692.60 Invoice Date Description Amount 05032024 05/03/2024 ICMA pp 4/20/24-5/3/24 $15,692.60 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $15,692.60 39664 05/10/2024 Open Accounts Payable Moore lacofano Goltsman, Inc. $6,320.84 Invoice Date Description Amount 0085880 04/19/2024 Jollyman Park All-Inclusive through 03012024- 03312024 $5,225.84 0085875 04/18/2024 Cupertino I-280 Trail through 03012024-03312024 $1,095.00 Paying Fund Cash Account Amount 420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash) $6,320.84 39665 05/10/2024 Open Accounts Payable Native Digital, LLC $6,678.75 Invoice Date Description Amount 163231 04/23/2024 Discovery Report & Narrative Messaging $6,678.75 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $6,678.75 Monday, May 13, 2024Pages: 14 of 19user: Vi Tran 65 CC 06-04-2024 65 of 530 Payment Register City of Cupertino From Payment Date: 5/4/2024 - To Payment Date: 5/10/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 39666 05/10/2024 Open Accounts Payable ODP Business Solutions, LLC.$207.59 Invoice Date Description Amount 362048374001 04/08/2024 Paper for City Hall Downstairs Copy Room $207.59 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $207.59 39667 05/10/2024 Open Accounts Payable PARS/City of Cupertino $4,183.34 Invoice Date Description Amount 05032024 05/03/2024 PARS pp 4/20/24-5/3/24 $4,183.34 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,183.34 39668 05/10/2024 Open Accounts Payable Parts Authority, LLC $48.73 Invoice Date Description Amount 642420 04/24/2024 Fleet- SPECIALIST DRY $9.75 780779 04/24/2024 Fleet- SPECIALIST DRY $38.98 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $48.73 39669 05/10/2024 Open Accounts Payable Pavement Coatings, Co.$83,559.59 Invoice Date Description Amount PJC003021-RET 03/12/2024 2022 Pavement Maintenance Ph 2 Project - Final Payment Retention $83,559.59 Paying Fund Cash Account Amount 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $83,559.59 39670 05/10/2024 Open Accounts Payable Quadient, Inc.$113.62 Invoice Date Description Amount 61007974 04/23/2024 Standard Maintenance for Postage Machine (05/23/24 -08/22/24) $113.62 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $113.62 39671 05/10/2024 Open Accounts Payable R&S Erection of Santa Clara County, Inc. $2,286.00 Invoice Date Description Amount 92549 04/26/2024 Facilities- Door Removal/Replacement $2,286.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $2,286.00 39672 05/10/2024 Open Accounts Payable Rebuilding Together Silicon Valley $18,584.09 Invoice Date Description Amount RTSVCDBGQ3FY2324 04/13/2024 CDBG Capital Housing Projects - Q3 $18,584.09 Paying Fund Cash Account Amount 260 - CDBG 260 100-100 (Cash & Investments Assets Operating Cash) $18,584.09 Monday, May 13, 2024Pages: 15 of 19user: Vi Tran 66 CC 06-04-2024 66 of 530 Payment Register City of Cupertino From Payment Date: 5/4/2024 - To Payment Date: 5/10/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 39673 05/10/2024 Open Accounts Payable RRM DESIGN GROUP $9,634.00 Invoice Date Description Amount 1832-00-0324 04/19/2024 Arch. Review Consultant 2024/03-Mann, E Estates , Sterling, Cleo $9,634.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $9,634.00 39674 05/10/2024 Open Accounts Payable Shute, Mihaly & Weinberger LLP $60,642.42 Invoice Date Description Amount 285999 04/29/2024 Legal Services, March 2024 $60,642.42 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $60,642.42 39675 05/10/2024 Open Accounts Payable Spruce & Gander, Inc $4,455.28 Invoice Date Description Amount 3321-D 05/02/2024 Grounds- Creekside Park Replacement Grate 2 $4,455.28 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,455.28 39676 05/10/2024 Open Accounts Payable Staples $590.84 Invoice Date Description Amount 3489672341 10/09/2021 copy paper, card stock $75.24 3504675600 04/06/2022 copy paper, card stock $208.11 3506583230 04/30/2022 disinfectant wipes $74.49 3523222476 11/16/2022 Citywide Coffee - TAZO TEA - AWAKE $24.90 3523222475 11/16/2022 Compost bag, tea, stirrers, fork, spoon, glove $208.10 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $590.84 39677 05/10/2024 Open Accounts Payable Statewide Traffic Safety & Signs Inc.$1,389.35 Invoice Date Description Amount 05043606 05/06/2024 Street- Black Asphalt Patch $581.06 05043605 05/06/2024 Street- Aquaphalt Bucket $808.29 Paying Fund Cash Account Amount 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $1,389.35 39678 05/10/2024 Open Accounts Payable SUNSTATE EQUIPMENT CO., LLC $165.00 Invoice Date Description Amount 12328222-002 04/08/2024 Grounds- Roller-48" Ride on Double Drum $165.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $165.00 39679 05/10/2024 Open Accounts Payable Thomson Reuters - West $805.93 Invoice Date Description Amount 850099396 05/01/2024 Online Subscription, May 2024 - Acct 1000489718 $805.93 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $805.93 Monday, May 13, 2024Pages: 16 of 19user: Vi Tran 67 CC 06-04-2024 67 of 530 Payment Register City of Cupertino From Payment Date: 5/4/2024 - To Payment Date: 5/10/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 39680 05/10/2024 Open Accounts Payable Tidal Basin Government Consulting, LLC. $63,120.32 Invoice Date Description Amount CUPERTINO_TTX-03 02/15/2024 Exercise Planning and Design for Period Jan 1 to January 31 2024 $19,890.95 CUPERTINO_TTX-04 03/15/2024 Exercise Planning and Design for Period Feb 1, to Feb 29, 2024 $19,890.94 CUPERTINO_TTX-05 04/15/2024 Exercise Planning and Design for Period March 1, to March 31 $23,338.43 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $63,120.32 39681 05/10/2024 Open Accounts Payable US BANK $31,166.48 Invoice Date Description Amount KevinG041524 04/15/2024 5856 CC Charges $810.88 BrianG041524 04/15/2024 6202 CC Charges $1,539.92 JonathanF041524 04/15/2024 3969 CC Charges $410.58 UrsulaS041524 04/15/2024 2512 CC Charges $2,162.15 AldoC041524 04/15/2024 4383 CC Charges $25.00 DiegoZ041524 04/15/2024 8626 CC Charges $115.00 JerryA041524 04/15/2024 8636 CC Charges $91.49 RicardoA041524 04/15/2024 9906 CC Charges $1,190.00 TravisW041524 04/15/2024 8746 CC Charges $1,305.91 AndrewS041524 04/15/2024 9993 CC Charges $573.84 IkaP041524 04/15/2024 8108 CC Charges $466.98 CesarG041524 04/15/2024 9076 CC Charges $296.93 MelissaR041524 04/15/2024 0572 CC Charges $817.40 SelbyM041524 04/15/2024 1711 CC Charges $60.00 ColleenF041524 04/15/2024 0798 cc charges $23.45 ReiD041524 04/15/2024 1409CC Charges $1,500.06 NathanV041524 04/15/2024 4299 CC Charges $1,629.36 TyB041524 04/15/2024 7739 CC Charges $1,974.09 KennethE041524 04/15/2024 6671 CC Charges $41.11 JasonB041524 04/15/2024 CC Charges 3965 $556.67 CrystiG041524 04/15/2024 8774 $144.02 JimF041524 04/15/2024 2514 CC Charges $122.22 DMilesS041524 04/15/2024 3659 CC Charges $320.44 BrantonC041524 04/15/2024 5320 CC Charges $300.00 MarilynP041524 04/15/2024 6763 CC charges $3,161.74 KevinK041524 04/15/2024 8746 CC Charges $686.35 AlexG041524 04/15/2024 1741 CC Charges $467.36 RobertK041524 04/15/2024 7858 CC Charges $1,145.49 ChristL041524 04/15/2024 7456 CC Charges $106.06 MollyJ041524 04/15/2024 4137 CC Charges $134.00 DebraN041524 04/15/2024 3328 CC Charges $2,740.99 PamelaW041524 04/15/2024 7313CC Charges $260.24 Leungk041524 04/15/2024 1733 CC Charges $529.57 SundariP041524 04/15/2024 9702 CC Charges $154.48 KrisG04152024 04/15/2024 6959 CC Charges $1,507.47 AmandaH041524 04/15/2024 9326 CC Charges $1,677.64 Monday, May 13, 2024Pages: 17 of 19user: Vi Tran 68 CC 06-04-2024 68 of 530 Payment Register City of Cupertino From Payment Date: 5/4/2024 - To Payment Date: 5/10/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference mariahg041524 04/15/2024 7882 CC CHARGES $110.17 RandyV041524 04/15/2024 9138 CC Charges $89.48 JanetL041524 04/15/2024 9949 CC Charges $1,640.80 TommyY041524 04/15/2024 3675 CC Charges $277.14 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $19,892.89 230 - Env Mgmt Cln Crk Strm Drain 230 100-100 (Cash & Investments Assets Operating Cash) $1,524.35 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $7.50 420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash) $3,655.95 520 - Resource Recovery 520 100-100 (Cash & Investments Assets Operating Cash) $177.80 560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash) $830.75 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $23.45 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $110.17 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $3,605.87 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $1,337.75 39682 05/10/2024 Open Accounts Payable West Valley Community Services $20,666.50 Invoice Date Description Amount 2817 04/30/2024 HTH Job Training Pilot Program - 2024/04 $11,823.19 WVCSCAREQ3FY2324 04/30/2024 CDBG Public Services - Q3 (CARE)$8,843.31 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $11,823.19 260 - CDBG 260 100-100 (Cash & Investments Assets Operating Cash) $8,843.31 39683 05/10/2024 Open Accounts Payable WOWzy Creation Corp. dba First Place $28.87 Invoice Date Description Amount 96435 02/08/2024 Staff Nameplate for Samantha LoCurto $28.87 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $28.87 Type EFT Totals:65 Transactions $542,904.97 Main Account - Main Checking Account Totals Checks Status Count Transaction Amount Reconciled Amount Open 41 $1,555,988.77 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 41 $1,555,988.77 $0.00 Monday, May 13, 2024Pages: 18 of 19user: Vi Tran 69 CC 06-04-2024 69 of 530 Payment Register City of Cupertino From Payment Date: 5/4/2024 - To Payment Date: 5/10/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference EFTs Status Count Transaction Amount Reconciled Amount Open 65 $542,904.97 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Total 65 $542,904.97 $0.00 All Status Count Transaction Amount Reconciled Amount Open 106 $2,098,893.74 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 106 $2,098,893.74 $0.00 Grand Totals: Checks Status Count Transaction Amount Reconciled Amount Open 41 $1,555,988.77 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 41 $1,555,988.77 $0.00 EFTs Status Count Transaction Amount Reconciled Amount Open 65 $542,904.97 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Total 65 $542,904.97 $0.00 All Status Count Transaction Amount Reconciled Amount Open 106 $2,098,893.74 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 106 $2,098,893.74 $0.00 Monday, May 13, 2024Pages: 19 of 19user: Vi Tran 70 CC 06-04-2024 70 of 530 RESOLUTION NO. 24-XXX A RESOLUTION OF THE CUPERTINO CITY COUNCIL RATIFYING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING MAY 17, 2024 WHEREAS, the Director of Administrative Services or their designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby ratify the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of June, 2024 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Sheila Mohan, Mayor City of Cupertino ________________________ Date ATTEST: ________ Kirsten Squarcia, City Clerk ________________________ Date 71 CC 06-04-2024 71 of 530 Resolution No. 24-XXX Page 2 CERTIFICATION The Finance Manager hereby certifies to the accuracy of said records and to the availability of funds for payment. CERTIFIED: Jonathan Orozco, Finance Manager 72 CC 06-04-2024 72 of 530 Payment Register City of Cupertino From Payment Date: 5/11/2024 - To Payment Date: 5/17/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Main Account - Main Checking Account Check 734507 05/17/2024 Open Accounts Payable Advantage Grafix $106.94 Invoice Date Description Amount 48564 05/14/2024 Business Cards - Code Enforcement Division $106.94 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $106.94 734508 05/17/2024 Open Accounts Payable ALHAMBRA $157.96 Invoice Date Description Amount 21589707 050924 05/09/2024 Employee Drinking Water - Service Center - Current Balance Only $108.90 4984902 051124 05/11/2024 Water Cooler Rental - Sports Center - Current Balance Only $49.06 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $157.96 734509 05/17/2024 Open Accounts Payable Brannon Corporation $150,798.25 Invoice Date Description Amount 1, 2019-08 05/09/2024 Regnart Road Improvements through April 24, 2024 $150,798.25 Paying Fund Cash Account Amount 420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash) $150,798.25 734510 05/17/2024 Open Accounts Payable California Association of Code Enforcement Officer $520.00 Invoice Date Description Amount 200029397 05/07/2024 CACEO 2024 Conference Registration - KARAN MALHI $520.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $520.00 734511 05/17/2024 Open Accounts Payable CINTAS CORP $1,220.14 Invoice Date Description Amount 4191913700 05/07/2024 Service Center - Uniform Safety Apparel $1,220.14 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,220.14 734512 05/17/2024 Open Accounts Payable CITY OF CUPERTINO $800.00 Invoice Date Description Amount Invoice#5 04/24/2024 2024 Annual West Valley Mayor’s and Manager’s Meeting Expense Fe $800.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $800.00 734513 05/17/2024 Open Accounts Payable County of Santa Clara -Office of the Sheriff $12,364.50 Invoice Date Description Amount 1800089459 04/15/2024 Supplemental Law Enforcement Holi Festival 4/7/2024 $894.00 Monday, May 20, 2024Pages: 1 of 20user: Vi Tran 73 CC 06-04-2024 73 of 530 Payment Register City of Cupertino From Payment Date: 5/11/2024 - To Payment Date: 5/17/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 1800089603 04/29/2024 Supplemental Law Enforcement Cherry Blossom Festival 4/27-4/28 $5,698.00 1800089789 05/08/2024 Supplemental Law Enforcement Cherry Blossom Festival 4/28/2024 $1,198.00 1800089790 05/08/2024 Supplemental Law Enforcement Cherry Blossom Festival 4/27-4/28 $4,574.50 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $12,364.50 734514 05/17/2024 Open Accounts Payable Data Ticket, Inc.$25.00 Invoice Date Description Amount 165135 05/09/2024 Online access to citation processing-April 2024 $25.00 Paying Fund Cash Account Amount 230 - Env Mgmt Cln Crk Strm Drain 230 100-100 (Cash & Investments Assets Operating Cash) $25.00 734515 05/17/2024 Open Accounts Payable David Wellhouse & Associates, Inc. $4,000.00 Invoice Date Description Amount 1883 05/08/2024 Annual State Mandated Cost Claiming Services (SB 90) $4,000.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,000.00 734516 05/17/2024 Open Accounts Payable Econolite Control Products, Inc.$143.56 Invoice Date Description Amount INV222402 04/15/2024 Traffic Signal Supplies $143.56 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $143.56 734517 05/17/2024 Open Accounts Payable Mood Media $114.18 Invoice Date Description Amount 58202529 05/01/2024 MOOD MEDIA Recurring Services from 01-MAY-24 to 31-MAY-24 $114.18 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $114.18 734518 05/17/2024 Open Accounts Payable Occupational Health Centers of California, A Medi $222.00 Invoice Date Description Amount 82830037 04/17/2024 TB Test - E. Zepeda $37.00 82975907 05/01/2024 TB Test - K. Kokeny, V. Renjith $74.00 83051682 05/08/2024 TB Test w/ Chest X-Ray, E. Wai, Y. Lin, A. Sanchez $111.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $222.00 734519 05/17/2024 Open Accounts Payable PG&E $130.23 Invoice Date Description Amount 4212-042624 04/26/2024 3535370421-2 3/21/24-4/21/24 $130.23 Paying Fund Cash Account Amount Monday, May 20, 2024Pages: 2 of 20user: Vi Tran 74 CC 06-04-2024 74 of 530 Payment Register City of Cupertino From Payment Date: 5/11/2024 - To Payment Date: 5/17/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $130.23 734520 05/17/2024 Open Accounts Payable PG&E $32,185.69 Invoice Date Description Amount 3296-043024 04/30/2024 5116972329-6 $32,185.69 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $32,185.69 734521 05/17/2024 Open Accounts Payable PG&E $308.29 Invoice Date Description Amount 0349-042524 04/25/2024 3042033034-9 3/20/24-4/18/24 $308.29 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $308.29 734522 05/17/2024 Open Accounts Payable PG&E $79.48 Invoice Date Description Amount 8413-042924 04/29/2024 4685859841-3 3/22/24-4/22/24 $79.48 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $79.48 734523 05/17/2024 Open Accounts Payable PG&E $73.74 Invoice Date Description Amount 5875-042124 04/21/2024 2012160587-5 3/21/24-4/19/24 $73.74 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $73.74 734524 05/17/2024 Open Accounts Payable PG&E $2,071.96 Invoice Date Description Amount 9785-042924 04/29/2024 2016881978-5 3/21/24-4/21/24 $2,071.96 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,071.96 734525 05/17/2024 Open Accounts Payable PG&E $1,001.73 Invoice Date Description Amount 6480-040124 04/01/2024 5587684648-0 2/26/24-3/25/24 $1,001.73 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,001.73 734526 05/17/2024 Open Accounts Payable PG&E $458.10 Invoice Date Description Amount 7100-041624 04/16/2024 7166121710-0 3/8/24-4/8/24 $458.10 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $458.10 734527 05/17/2024 Open Accounts Payable PG&E $29,820.84 Invoice Date Description Amount 1715-042224 04/22/2024 4993063171-5 3/16/24-4/16/24 $29,820.84 Monday, May 20, 2024Pages: 3 of 20user: Vi Tran 75 CC 06-04-2024 75 of 530 Payment Register City of Cupertino From Payment Date: 5/11/2024 - To Payment Date: 5/17/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $29,820.84 734528 05/17/2024 Open Accounts Payable PG&E $50,708.44 Invoice Date Description Amount 0092-040124-0 04/01/2024 116367401 -Miller W/S N of Greenwood $19.99 0092-040124-1 04/01/2024 116367359 -Homestead and Heron, traffic control svc $80.73 0092-040124-2 04/01/2024 116367150 -Homestead and Wolfe Road, Sunnyvale $132.31 0092-040124-3 04/01/2024 116367155 -Homestead and Blaney, Cupertino Traffic Signal, Sunny $81.98 0092-040124-4 04/01/2024 116367275 -Homestead and Tantau, Cupertino Traffic Signal, Sunny $126.49 0092-040124-5 04/01/2024 116367013 -112017763 -11370 S Stelling Rd, Irrigation Control $10.01 0092-040124-6 04/01/2024 116644889 19500 Pruneridge ave pole TP16660 $10.01 0092-040124-7 04/01/2024 118007511 -21834 Corte Madera Ln $5.99 0092-040124-8 04/01/2024 1110161867 - Wolfe Rd @ Apple Campus Driveway $88.11 0092-040124-9 04/01/2024 116367793 -101 Skyport Dr, DG A, San Jose, PGandE-Owned St/Highw $837.16 0092-040124-10 04/01/2024 110958527 115145264 -Randy Lane & Larry Way- Streetlights $68.53 0092-040124-11 04/01/2024 111736580 SF Cupertino 075 ($33.83) 0092-040124-12 04/01/2024 116367357 -N De Anza 188 FT N/Valley Green Dr, Irrig Controller $3.66 0092-040124-13 04/01/2024 116367907 -S/W Corner Stelling and Green leaf, Traffic Signal $108.87 0092-040124-14 04/01/2024 116367113 -Miller E/S 100N off Calle De Barcelona $100.02 0092-040124-15 04/01/2024 116367836 -De Anza Blvd E/S S/O Lazaneo, Sprinkler Control ($45.64) 0092-040124-16 04/01/2024 116367677 -De Anza and Lazaneo, Sprinkler System ($45.64) 0092-040124-17 04/01/2024 116367025 -De Anza and Lazaneo, Traffic Signal $97.84 0092-040124-18 04/01/2024 110659172 -N De Anza 455FT S/O Mariani Dr, Irrig Control ($40.90) 0092-040124-19 04/01/2024 116367035 -De Anza Blvd and Mariani, Traffic Signal/Safety Lts $135.36 0092-040124-20 04/01/2024 116367045 -De Anza Blvd and Hwy 280 S/Ramp, Traffic Signal $123.28 0092-040124-21 04/01/2024 116367050 -NW Corner Stevens Crk, Traffic Signals $106.45 0092-040124-22 04/01/2024 116367055 -Saich Wy and Stevens Crk NE Corner, Traffic Signal $92.32 0092-040124-23 04/01/2024 116367060 -E37R0 Stevens Creek and De Anza Blvd, Traffic Signal $143.74 0092-040124-24 04/01/2024 116367065 -Stevens Creek Blvd E/Saich Wy, Sprinkler Control ($44.80) 0092-040124-25 04/01/2024 116367070 -Stevens Creek and Blaney Ave., Traffic Signal $120.57 0092-040124-26 04/01/2024 116367075 -Vallco Pkwy and Perimeter Rd., Traffic Signals $85.65 0092-040124-27 04/01/2024 116367090 -Wolfe and Vallco Pkwy, Traffic Signals $117.43 0092-040124-28 04/01/2024 116367100 -E37H3 Wolfe and 280 SB Loc B, Traffic Signal $129.60 Monday, May 20, 2024Pages: 4 of 20user: Vi Tran 76 CC 06-04-2024 76 of 530 Payment Register City of Cupertino From Payment Date: 5/11/2024 - To Payment Date: 5/17/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 0092-040124-29 04/01/2024 116367105 -Stevens Crk and Wolfe Rd, Traffic Signals $175.25 0092-040124-30 04/01/2024 116367110 -SW Cor Stevens Crk and Portal, Traffic Signal $111.37 0092-040124-31 04/01/2024 116367115 -Stevens Crk and Perimeter Rd, Traffic Control Signal $112.17 0092-040124-32 04/01/2024 116367120 -Vallco Prky/Tantau Ave, Traffic Signal $120.05 0092-040124-33 04/01/2024 116367125 -Stevens Crk and Tantau, Traffic Signals $122.17 0092-040124-34 04/01/2024 116367130 -NW Corner Steven Crk and Torre, Traffic Signal $114.47 0092-040124-35 04/01/2024 116367782 -N/S Stevens Creek Blvd in front of 20301, Irrigation ($45.64) 0092-040124-36 04/01/2024 116367001 -E37H4 Wolfe and Rte 280 NB Loc A $74.64 0092-040124-37 04/01/2024 116367165 -S/E Wolfe-Pruneridge, Sprinkler Control and Traffic S $136.15 0092-040124-38 04/01/2024 116367170 -Tantau Ave and Tandem D/W, Traffic Signal $118.31 0092-040124-39 04/01/2024 116367175 -S/E Corner Pruneridge and Tantau, Traffic Controller $102.84 0092-040124-40 04/01/2024 116367180 -Finch and Stevens Creek, Traffic Signals $132.95 0092-040124-41 04/01/2024 116367185 -Wolfe Rd 500 Ft S/O Homestead, City/Sign Lighting ($15.35) 0092-040124-42 04/01/2024 116367195 -Corner Miller and Phil Ln, Traffic Signal $92.43 0092-040124-43 04/01/2024 116367200 -Homestead and De Anza Blvd, Traffic Signal/Dept Pub W $149.66 0092-040124-44 04/01/2024 116367205 -Homestead Rd and Franco Ct, Traffic Signals $95.31 0092-040124-45 04/01/2024 116367215 -N/Ramp De Anza Blvd, Traffic Signal $117.52 0092-040124-46 04/01/2024 116367220 -Homestead Rd and Bluejay Rd, Traffic Signals $98.16 0092-040124-47 04/01/2024 118426656 -WS Portal Btw Amhurst-Wheaton , Portal Prk Ltg, Prk L $325.90 0092-040124-48 04/01/2024 114321565 116367416 -22601 Voss Ave $1,010.32 0092-040124-49 04/01/2024 116367925 -22601 Voss Ave, Outdoor Lighting-MV Park ($36.52) 0092-040124-50 04/01/2024 116367245 -Stevens Creek Blvd and Janice Ave, Sprinkler Control ($36.38) 0092-040124-51 04/01/2024 116367269 -Cor/Lucille and Randy Ln, Sprinkler System (011095852 ($43.38) 0092-040124-52 04/01/2024 116367255 -Lucille and Villa De Anza, Sprinkler Control $349.88 0092-040124-53 04/01/2024 116367815 -19784 Wintergreen Dr $709.49 0092-040124-54 04/01/2024 116367280 -Stevens Creek Blvd and Fwy 85 East Ramp, Traffic Sign $115.88 0092-040124-55 04/01/2024 116367290 -Stevens Creek and Mary Ave, Traffic Signals $112.58 0092-040124-56 04/01/2024 116367408 -Stevens Creek Bl and Mary Avenue, Memorial Park Pump $23.32 0092-040124-57 04/01/2024 116367625 -Stevens Creek Blvd Orange S/W Cor, Irrigation Control ($45.64) 0092-040124-58 04/01/2024 116367902 -10246 Parkside Ln, Wilson Pk Sprinklers,Snack Shack,I $267.62 Monday, May 20, 2024Pages: 5 of 20user: Vi Tran 77 CC 06-04-2024 77 of 530 Payment Register City of Cupertino From Payment Date: 5/11/2024 - To Payment Date: 5/17/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 0092-040124-59 04/01/2024 116367628 -N/W corner Alpine Dr and Foothill Blvd, Irrigation Co ($45.64) 0092-040124-60 04/01/2024 116367476 -Salem Ave and Foothill Blvd, Irrigation Control ($45.64) 0092-040124-61 04/01/2024 116367527 -Foothill Blvd 200' N/O Stevens Creek W/S, Irrigation ($45.64) 0092-040124-62 04/01/2024 116367740 -Carmen Rd and Stevens Creek S/E corner, Irrigation Co ($44.39) 0092-040124-63 04/01/2024 116367343 112570652 -Foothill Blvd 150' N/O Alpine E/S, Irrigati ($45.41) 0092-040124-64 04/01/2024 116367370 -Stevens Creek Blvd and Fwy 85 West Ramp, Traffic Sign $14.30 0092-040124-65 04/01/2024 116367380 -NE Corner Peninsula and Stevens Creek, Traffic Signal $115.17 0092-040124-66 04/01/2024 116367385 -End/Stokes W/Wilson Crt, Sprinkler Control ($43.13) 0092-040124-67 04/01/2024 116367395 -N/E corner Foothill and Starling Dr, Traffic Signals $100.30 0092-040124-68 04/01/2024 116367067 -Stonydale Dr and Varian Park, walkway lighting and Ir $84.10 0092-040124-69 04/01/2024 116367071 -Linda Vista Dr / Hillside Park, Hillside Park ($30.68) 0092-040124-70 04/01/2024 116367648 -Linda Vista Park/Linda Vista Dr, Irrigation Control $166.14 0092-040124-71 04/01/2024 116367455 -E37R9 Rodriguez and De Anza Blvd, Traffic Signal $121.79 0092-040124-72 04/01/2024 116367656 -Scofield and De Anza, 100HP ($42.46) 0092-040124-73 04/01/2024 116367465 -De Anza Blvd and Scofield Dr, Sprinkler Controller ($43.52) 0092-040124-74 04/01/2024 116367475 -Foothill and Stevens Creek, Traffic Signal $103.29 0092-040124-75 04/01/2024 116367447 -Stelling Rd Median 500' S/O Peppertree Ln, Landscape ($42.28) 0092-040124-76 04/01/2024 116367236 -Stelling Rd Median 450' S/O Stevens Crk, Landscape Ir ($42.79) 0092-040124-77 04/01/2024 116367505 -Stevens Crk and Stelling, Signal $59.63 0092-040124-78 04/01/2024 116367510 -Bubb Rd and Results Wy, Traffic Signal $87.80 0092-040124-79 04/01/2024 116367515 -Bubb Rd and McClellan Intersection, Traffic Signal $149.70 0092-040124-80 04/01/2024 116367520 -Stelling Rd and Peppertree, Traffic Signal $88.43 0092-040124-81 04/01/2024 116367525 -Stelling and McClellan, Signals $128.88 0092-040124-82 04/01/2024 116367530 -Orange Ave and Stevens Creek N/E corner, Traffic Cont $73.23 0092-040124-83 04/01/2024 116367493 -Dumas Dr/Jollyman Park, Jollyman Park Restroom $303.57 0092-040124-84 04/01/2024 116367545 -Saratoga-Sunnyvale Rd, Traffic Signal $104.28 0092-040124-85 04/01/2024 116367550 -W/S Saratoga-Sunnyvale Rd @ RT85, Traffic Signal $92.31 0092-040124-86 04/01/2024 116367560 -S/E corner De Anza and Pacifica, Traffic Signal $117.60 0092-040124-87 04/01/2024 116367570 -De Anza Blvd, Sprinkler Controller *($43.52) 0092-040124-88 04/01/2024 116367585 -Rainbow and Stelling, Traffic Signal $93.67 0092-040124-89 04/01/2024 116367559 -21011 Prospect Rd, Irrigation Control ($45.64) Monday, May 20, 2024Pages: 6 of 20user: Vi Tran 78 CC 06-04-2024 78 of 530 Payment Register City of Cupertino From Payment Date: 5/11/2024 - To Payment Date: 5/17/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 0092-040124-90 04/01/2024 116367685 -Ruppell Pl and Moltzen Dr, Sprinkler Control $18.35 0092-040124-91 04/01/2024 115211833 -10300 Anisworth Dr, Ball Park Stevens Creek SV ($45.64) 0092-040124-92 04/01/2024 116367630 -22100 Stevens Creek Blvd, Golf Pro Shop $292.74 0092-040124-93 04/01/2024 110081495 -10710 Stokes Ave, Somerset Park ($1.39) 0092-040124-94 04/01/2024 116367044 -10555 Mary Ave NEM $772.18 0092-040124-95 04/01/2024 116367568 -10555 Mary Ave, Corp Yard $211.20 0092-040124-96 04/01/2024 116367474 -10500 Ann Arbor Ave, Field-Garden Gate ($22.81) 0092-040124-97 04/01/2024 114315284 116367325 -21975 San Fernando Ave, Picnic Area $1,483.63 0092-040124-98 04/01/2024 116367171 -10155 Barbara Ln, Irrigation and Scoreboard ($34.80) 0092-040124-99 04/01/2024 116367587 -10430 S De Anza Blvd, Holiday Lighting $11.98 0092-040124-100 04/01/2024 116367449 -10350 Torre Ave, Community Hall $3,871.30 0092-040124-101 04/01/2024 111190735 119980351-10300 Torre Ave, City Hall $8,622.00 0092-040124-102 04/01/2024 116367437 -10455 Miller Ave, Creekside Park $652.19 0092-040124-103 04/01/2024 116367988 -21710 McClellan Rd, Playground Reception Area ($45.64) 0092-040124-104 04/01/2024 116367484 -20220 Suisun Dr, Parks and Rec Free Standing Panel ($33.63) 0092-040124-105 04/01/2024 116367763 -10630 S De Anza Blvd, Holiday Lighting $19.17 0092-040124-106 04/01/2024 116367332 -821 Bubb Rd #B/Building Concession $20.49 0092-040124-107 04/01/2024 116367274 -1170 Yorkshire Dr.($45.64) 0092-040124-108 04/01/2024 116367013 - 1486 S Stelling Rd ($45.64) 0092-040124-109 04/01/2024 116367941 -7548 Donegal Dr, Irrigation Control /Hoover Park ($43.29) 0092-040124-110 04/01/2024 116367840 -10185 N Stelling RD $10,690.98 0092-040124-111 04/01/2024 116971849 -21111 Stevens Creek Blvd, Sports Center $9,026.93 0092-040124-112 04/01/2024 116367477 -21121 Stevens Creek Blvd, Memorial Park $2,201.17 0092-040124-113 04/01/2024 (Old116367536) 113736756 -Senior Center 21251 Stevens Creek BLV $4,241.53 0092-040124-114 04/01/2024 116367590 -Saratoga Sunnyvale Rd and Hwy 85, Traffic Signal $87.89 0092-040124-115 04/01/2024 116367605 -E37C1 Prospect and Rte 85, Traffic Signal $108.36 0092-040124-116 04/01/2024 116367615 -Fallenleaf Ln and S De Anza Blvd, Traffic Signal $106.99 0092-040124-117 04/01/2024 116367620 -S De Anza Blvd and Sharon Dr , Irrigation Controller ($36.43) Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $41,388.77 560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash) $292.74 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $9,026.93 734529 05/17/2024 Open Accounts Payable PRN Intermediate Holdco, Inc.$400.00 Invoice Date Description Amount 040424AFZM 04/04/2024 Proactive Ergo Evaluation – Andy Schramm Oct 2023 $200.00 040424AG16 04/04/2024 Proactive Ergo Evaluation – Jim Fine Nov 2023 $200.00 Paying Fund Cash Account Amount Monday, May 20, 2024Pages: 7 of 20user: Vi Tran 79 CC 06-04-2024 79 of 530 Payment Register City of Cupertino From Payment Date: 5/11/2024 - To Payment Date: 5/17/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $400.00 734530 05/17/2024 Open Accounts Payable PROJECT SENTINEL $15,463.23 Invoice Date Description Amount 440-502-FY24-Q3 05/01/2024 Below Market Rate Fund (BMR) - Q3 $15,463.23 Paying Fund Cash Account Amount 265 - BMR Housing 265 100-100 (Cash & Investments Assets Operating Cash) $15,463.23 734531 05/17/2024 Open Accounts Payable Rodney Weathers $471.27 Invoice Date Description Amount RodneyW05132024 05/13/2024 Reimbursement for Safety Glasses & Vest, Pens, and Training Fees $471.27 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $471.27 734532 05/17/2024 Open Accounts Payable Rupa Narayanan $515.20 Invoice Date Description Amount 05082024 05/08/2024 March-April 2024 Classes $515.20 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $515.20 734533 05/17/2024 Open Accounts Payable San Jose Water Company $26,133.04 Invoice Date Description Amount SJW032724-0 03/27/2024 0068410000-1 - 22221 McClellan 8302 $2,324.63 SJW032724-1 03/27/2024 0134100000-6 - 8303 Memorial Park $509.72 SJW032724-2 03/27/2024 0345710000-0 - Alderbrook Ln.FS $142.04 SJW032724-3 03/27/2024 0677310000-0 - 10300 Torre Ave LS (Comm.Hall)$285.39 SJW032724-4 03/27/2024 1198300000-8 - 21979 San Fernando Ave. 6620 (Trail Restroom) $283.41 SJW032724-5 03/27/2024 1250520000-1 - 6620 Blackberry/Snack $1,044.52 SJW032724-6 03/27/2024 1332100000-5 - Hyde Avenue $285.39 SJW032724-7 03/27/2024 1444810000-9 - Hyannisport Dr. LS $541.05 SJW032724-8 03/27/2024 1735700000-3 - 8303 Memorial Park Restroom $330.21 SJW032724-9 03/27/2024 1787904559-3 - 22221 McClellan 8302 $206.89 SJW032724-10 03/27/2024 1832500000-0 - Ruppell PL LS $292.50 SJW032724-11 03/27/2024 1836700000-9 - 8322 Mary Mini Park $283.41 SJW032724-12 03/27/2024 1987700000-0 - Alderbrook Ln LS $569.53 SJW032724-13 03/27/2024 2228610000-7 - 21111 Stevens Crk LS $297.54 SJW032724-14 03/27/2024 2243500000-9 - 10300 Ainsworth Dr.LS $316.06 SJW032724-15 03/27/2024 2286120000-8 - 21251 Stevens Creek Blvd $89.77 SJW032724-16 03/27/2024 2288800000-1 - Stokes Ave/8306 Somerset Park $283.41 SJW032724-17 03/27/2024 2649300000-9 - 10300 Torre Ave. FS (Comm.Hall)$142.04 SJW032724-18 03/27/2024 2787197813-9 - 8322 Stevens Creek Bl $89.50 SJW032724-19 03/27/2024 2892070144-9 - 22221 McClellan 8320 $179.54 SJW032724-20 03/27/2024 2958510000-0 - 10555 Mary Ave.$86.41 SJW032724-21 03/27/2024 2974010000-2 - 21251 Stevens Creek Blvd $365.57 SJW032724-22 03/27/2024 2984810000-3 - 8504 Alves and Stelling $424.85 SJW032724-23 03/27/2024 3207400000-4 - 21710 McClellan 8312 $283.41 SJW032724-24 03/27/2024 3322910000-4 - 8306 Somerset Park(Stokes Ave)$283.41 Monday, May 20, 2024Pages: 8 of 20user: Vi Tran 80 CC 06-04-2024 80 of 530 Payment Register City of Cupertino From Payment Date: 5/11/2024 - To Payment Date: 5/17/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference SJW032724-25 03/27/2024 3530520000-4 - 21111 Stev.Crk Blvd 8510 $467.28 SJW032724-26 03/27/2024 3612707315-7 - Stocklmeir Ct $283.41 SJW032724-27 03/27/2024 3673220000-5 - Stev.Crk/Cupertino Rd.$86.41 SJW032724-28 03/27/2024 3746710000-6 - 21111 Stev.Crk BL FS $141.06 SJW032724-29 03/27/2024 3841010000-2 - 8507 Monta Vista Park $339.98 SJW032724-30 03/27/2024 3856110000-9 - 8322 Stella Estates $89.50 SJW032724-31 03/27/2024 3857710000-1 - 8322 Foothill/Cupertino Rd $177.66 SJW032724-32 03/27/2024 3900520000-9 - 10300 Torre Ave $647.88 SJW032724-33 03/27/2024 3953083125-2 - Tuscany Pl $568.10 SJW032724-34 03/27/2024 4012210000-7 - 22601 Voss Av 8304 $511.94 SJW032724-35 03/27/2024 4103020000-4 - 6620 Blackberry/Snack $570.67 SJW032724-36 03/27/2024 4227520000-6 - 8303 Memorial Park $283.41 SJW032724-37 03/27/2024 4444250747-9 - Tuscany Pl $560.63 SJW032724-38 03/27/2024 5122900000-8 - Portable Meter - Trees & ROW $511.94 SJW032724-39 03/27/2024 5237400000-9 - Dumas Dr, LS $576.65 SJW032724-40 03/27/2024 5356310000-6 - 8322 Stev.Crk/Median $283.41 SJW032724-41 03/27/2024 5778910000-5 - 8504 Quinlan Ln.FS $89.77 SJW032724-42 03/27/2024 5835000000-4 - 8322 Stelling/Alves $171.54 SJW032724-43 03/27/2024 5929210000-1 - 8322 Ann Arbor Ct $177.66 SJW032724-44 03/27/2024 5948100000-4 - Emerg Irrig/Golf/ 6640 BBF (Irrigation)$1,328.29 SJW032724-45 03/27/2024 5986710000-6 - 10300 Torre Ave. FS (Comm.Hall)$562.41 SJW032724-46 03/27/2024 5997110000-9 - 7555 Barnhart Pl $21.47 SJW032724-47 03/27/2024 6292600000-1 - 10800 Torre Ave LS $1,125.05 SJW032724-48 03/27/2024 6296810000-8 - 8322 Stev.Crk Bl median $89.50 SJW032724-49 03/27/2024 6405210000-1 - 8506 McClellan Ranch $209.72 SJW032724-50 03/27/2024 6578520000-0 - 83 Foothill Bl/Alpine Dr22 LS $177.66 SJW032724-51 03/27/2024 6730700000-9 - 21975 San Fernando Av $89.50 SJW032724-52 03/27/2024 6788620000-4 - 10555 Mary Ave. 8503 $344.35 SJW032724-53 03/27/2024 6907100000-9 - Alderbrook Ln $242.98 SJW032724-54 03/27/2024 6935200000-9 - 8303 Memorial Park $283.41 SJW032724-55 03/27/2024 6973320000-5 - 8301 Linda Vista PK1 $318.76 SJW032724-56 03/27/2024 7036000000-7 - 85 Stev.Crk/Mary LS $177.66 SJW032724-57 03/27/2024 7054200000-8 - 8322 Phar Lap LS $52.36 SJW032724-58 03/27/2024 7495200000-3 - 10300 Torre Ave FS $142.04 SJW032724-59 03/27/2024 7630410000-1 - Salem Av.LS $177.66 SJW032724-60 03/27/2024 7930000000-1 - 8322 Stelling/Christensen Dr.$517.13 SJW032724-61 03/27/2024 8006810000-9 - 10450 Mann Dr $52.36 SJW032724-62 03/27/2024 8065700000-8 - Peninsula and Fitzgerald Is $54.23 SJW032724-63 03/27/2024 8270010000-9 - Janice Ave.LS $283.41 SJW032724-64 03/27/2024 8287220000-9 - 8322 Stevens Cr/San Antonio Ls $89.50 SJW032724-65 03/27/2024 8427420000-9 - 8322 Foothill/Vista Knoll $177.66 SJW032724-66 03/27/2024 8549600000-2 - Bubb Rd.LS $533.94 SJW032724-67 03/27/2024 8647520000-1 - 10555 Mary Ave/Corp Yard FS $230.84 SJW032724-68 03/27/2024 8755010000-9 - 10455 Miller Ave/Creekside $533.94 SJW032724-69 03/27/2024 8879620000-9 - 8504 Christensen Dr $375.34 SJW032724-70 03/27/2024 8886800000-6 - 8301 Linda Vista PK2 $280.70 SJW032724-71 03/27/2024 9377600000-7 - 8307 Varian Park $460.21 SJW032724-72 03/27/2024 9824500000-9 - 8322 Irrig SC/Stelling $246.49 SJW032724-73 03/27/2024 9988206980-2 (old 6784967491-5) - 8303 Memorial Park $475.37 Monday, May 20, 2024Pages: 9 of 20user: Vi Tran 81 CC 06-04-2024 81 of 530 Payment Register City of Cupertino From Payment Date: 5/11/2024 - To Payment Date: 5/17/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $23,898.87 560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash) $1,328.29 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $905.88 734534 05/17/2024 Open Accounts Payable San Jose Water Company $179,443.70 Invoice Date Description Amount 08312023 02/12/2024 Water System Upgrades $85,318.31 07312023 09/28/2023 Water System Upgrades $94,125.39 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $179,443.70 734535 05/17/2024 Open Accounts Payable Silvia Rayas $3,500.00 Invoice Date Description Amount 366312 05/08/2024 Tacos El Moreno – Catering for 2024 Public Service Appreciation $3,500.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $3,500.00 734536 05/17/2024 Open Accounts Payable Sister Cities International $810.00 Invoice Date Description Amount 412433 04/01/2024 Sister Cities International 2024 Membership Dues $810.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $810.00 734537 05/17/2024 Open Accounts Payable Sue and Kathy Line Dance $4,454.80 Invoice Date Description Amount 05082024 05/08/2024 March-April 2024 Classes $4,454.80 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,454.80 734538 05/17/2024 Open Accounts Payable The Sherwin-Williams Co $31.80 Invoice Date Description Amount 2141-0 05/07/2024 Facilities- Paint Gallons $31.80 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $31.80 734539 05/17/2024 Open Accounts Payable Allison Cheng $40.00 Invoice Date Description Amount Allison5072024 05/07/2024 Live Scan and Fingerprinting Reimbursement $40.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $40.00 734540 05/17/2024 Open Accounts Payable Amadeusz Sanchez $40.00 Invoice Date Description Amount Amadeusz5062024 05/06/2024 Live Scan and Fingerprinting Reimbursement $40.00 Monday, May 20, 2024Pages: 10 of 20user: Vi Tran 82 CC 06-04-2024 82 of 530 Payment Register City of Cupertino From Payment Date: 5/11/2024 - To Payment Date: 5/17/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $40.00 734541 05/17/2024 Open Accounts Payable Anand, Prema $9.00 Invoice Date Description Amount 2002242.032 05/06/2024 Credit on Account Refund from COVID $9.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $9.00 734542 05/17/2024 Open Accounts Payable Ann Randolph $36.00 Invoice Date Description Amount 2008898.030 04/12/2024 QCC class session 24098 cancelled $36.00 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $36.00 734543 05/17/2024 Open Accounts Payable Ann Randolph $96.00 Invoice Date Description Amount 2009055.030 05/14/2024 QCC class sessions 24101, 25106 cancelled $96.00 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $96.00 734544 05/17/2024 Open Accounts Payable Beck, Virginia $35.00 Invoice Date Description Amount 2002243.032 05/06/2024 Credit on Account Refund from COVID $35.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $35.00 734545 05/17/2024 Open Accounts Payable Choi, Jamie $80.00 Invoice Date Description Amount 2005003.012 03/22/2024 Sports Center 03/22/24 Acct. credit refund $80.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $80.00 734546 05/17/2024 Open Accounts Payable Dong, Yikui $42.00 Invoice Date Description Amount 2000026.004 05/09/2024 Sports Center 05/09/24 Acct. credit refund $42.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $42.00 734547 05/17/2024 Open Accounts Payable Evangelista, Margie $275.00 Invoice Date Description Amount 2005008.012 05/09/2024 Sports Center 05/09/24 Acct. credit refund $275.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $275.00 734548 05/17/2024 Open Accounts Payable GLEN GILBERT $133.00 Invoice Date Description Amount GILBERT050124 05/10/2024 customer paid to wrong license.$133.00 Monday, May 20, 2024Pages: 11 of 20user: Vi Tran 83 CC 06-04-2024 83 of 530 Payment Register City of Cupertino From Payment Date: 5/11/2024 - To Payment Date: 5/17/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $133.00 734549 05/17/2024 Open Accounts Payable Hu, Lujia $60.00 Invoice Date Description Amount 2005009.012 05/09/2024 Sports Center 05/09/24 Acct. credit refund $60.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $60.00 734550 05/17/2024 Open Accounts Payable Krish, Balaji $187.50 Invoice Date Description Amount 2000027.004 05/09/2024 Sports Center 05/09/24 Acct. credit refund $187.50 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $187.50 734551 05/17/2024 Open Accounts Payable Lai, Ginger $23.00 Invoice Date Description Amount 2002241.032 05/06/2024 Credit on Account Refund from COVID $23.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $23.00 734552 05/17/2024 Open Accounts Payable Sarah Golonka $40.40 Invoice Date Description Amount Sarah04192024 04/19/2024 Live Scan and Fingerprinting Reimbursement $40.40 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $40.40 734553 05/17/2024 Open Accounts Payable Suhan Hajela $72.00 Invoice Date Description Amount Hajela041524 04/15/2024 LiveScan and Fingerprinting Reimbursement $72.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $72.00 734554 05/17/2024 Open Accounts Payable TERUOMI TSUNO $285.00 Invoice Date Description Amount 2009000.030 05/06/2024 QCC class 24616 customer request to withdraw, CC expired.. $285.00 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $285.00 734555 05/17/2024 Open Accounts Payable VADIM VECHKANOV $195.90 Invoice Date Description Amount 340202 05/09/2024 REFUND 10447 ANSON AVE BLD-2024-0773 WITHDRAWN $195.90 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $195.90 Monday, May 20, 2024Pages: 12 of 20user: Vi Tran 84 CC 06-04-2024 84 of 530 Payment Register City of Cupertino From Payment Date: 5/11/2024 - To Payment Date: 5/17/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 734556 05/17/2024 Open Accounts Payable Veerisetty, Leela $160.00 Invoice Date Description Amount 2009042.030 05/10/2024 QCC 05/10/24 Account Credit Refund $160.00 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $160.00 734557 05/17/2024 Open Accounts Payable VISHWESHWAR KUNDA $5,000.00 Invoice Date Description Amount 338331 05/14/2024 REFUND 1111 STEEPLECHASE LN BLD-2022-0527 TCO BOND $5,000.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $5,000.00 734558 05/17/2024 Open Accounts Payable Wafu Ikebana Society $500.00 Invoice Date Description Amount 2002245.032 05/13/2024 R159219 CH 04.04.2024 Rental Deposit Refund $500.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $500.00 734559 05/17/2024 Open Accounts Payable Wesolowski, Gregory $230.67 Invoice Date Description Amount 2009041.030 05/10/2024 QCC-05/10/24-Account Credit Refund $230.67 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $230.67 734560 05/17/2024 Open Accounts Payable XinRan Fang $72.00 Invoice Date Description Amount Fang042424 04/24/2024 Livescan and Fingerprinting Reimbursement $72.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $72.00 734561 05/17/2024 Open Accounts Payable Zhang, Dongjun $57,330.00 Invoice Date Description Amount 308707 & 308708 05/13/2024 10535 Merriman Rd, 90%FP, 308707 & 308708 $57,330.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $57,330.00 Type Check Totals:55 Transactions $583,476.54 EFT 39684 05/13/2024 Open Accounts Payable EMPLOYMENT DEVEL DEPT $49,161.32 Invoice Date Description Amount 05032024 05/03/2024 CA State Tax pp 4/20/24-5/3/24 $49,161.32 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $49,161.32 39685 05/13/2024 Open Accounts Payable IRS $155,222.42 Invoice Date Description Amount 05032024 05/03/2024 Federal Tax pp 4/20/24-5/3/24 $155,222.42 Monday, May 20, 2024Pages: 13 of 20user: Vi Tran 85 CC 06-04-2024 85 of 530 Payment Register City of Cupertino From Payment Date: 5/11/2024 - To Payment Date: 5/17/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $155,222.42 39686 05/16/2024 Open Accounts Payable P E R S $169,199.45 Invoice Date Description Amount 05032024 05/03/2024 PERS pp 4/20/24-5/3/24 $169,199.45 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $169,199.45 39687 05/14/2024 Open Accounts Payable California Public Employees' Retirement System $441,027.35 Invoice Date Description Amount 7158-041524 04/15/2024 Health Premiums $441,027.35 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $318,906.23 642 - Retiree Medical 642 100-100 (Cash & Investments Assets Operating Cash) $122,121.12 39688 05/14/2024 Open Accounts Payable California Public Employees' Retirement System $3,978.27 Invoice Date Description Amount 100000017522291 04/23/2024 2024 Replacement Charges - Replacement Benefit Contribution $3,978.27 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $3,978.27 39689 05/13/2024 Open Accounts Payable TASC $486.09 Invoice Date Description Amount IN3103166 05/10/2024 HRA - Administration Fees 5/1/24-5/31/24 $486.09 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $486.09 39690 05/13/2024 Open Accounts Payable TASC $251.42 Invoice Date Description Amount IN3103167 05/10/2024 FSA - Administration Fees 5/1/24-5/31/24 $251.42 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $251.42 39691 05/17/2024 Open Accounts Payable ABAG POWER- ASSOCIATION OF BAY AREA GOVERNMENTS $15,729.12 Invoice Date Description Amount AR034912 04/01/2024 FY 24 AMD Level Charge-Nat Gas $7,864.56 AR035109 05/01/2024 FY 24 AMD Level Charge-Nat Gas $7,864.56 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $14,158.68 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $1,570.44 Monday, May 20, 2024Pages: 14 of 20user: Vi Tran 86 CC 06-04-2024 86 of 530 Payment Register City of Cupertino From Payment Date: 5/11/2024 - To Payment Date: 5/17/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 39692 05/17/2024 Open Accounts Payable All City Management Services, Inc. $9,190.58 Invoice Date Description Amount 93138 05/01/2024 School Crossing Guard Services through 04142024- 04272024 $9,190.58 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $9,190.58 39693 05/17/2024 Open Accounts Payable Amazon Capital Services $292.06 Invoice Date Description Amount 1N4D-HKLL-HTJG 05/01/2024 Amazon Purchases April 2024 - PR2 Senior Wellness $326.64 1HTR-DGWC-G61F 04/23/2024 Apply credit memo related to invoice 1KR3-LJ4D- XMP3 ($15.22) 14NV-VW74-LPNQ 05/01/2024 Apply credit memo related to invoice 1N4D-HKLL- HTJG ($19.36) Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $292.06 39694 05/17/2024 Open Accounts Payable American Assured Security, Inc.$423.50 Invoice Date Description Amount 49819 05/06/2024 Rental Security Services 4/20/24 $423.50 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $423.50 39695 05/17/2024 Open Accounts Payable Anderson's Tree Care Specialists, Inc.$2,540.00 Invoice Date Description Amount 18158 04/23/2024 Grounds- Weed Mowing/Removal $2,540.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,540.00 39696 05/17/2024 Open Accounts Payable B&H PHOTO-VIDEO $18.33 Invoice Date Description Amount 223516805 04/19/2024 USB-C 3' Cable (Ref#:R201202-OMNIA)$18.33 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $18.33 39697 05/17/2024 Open Accounts Payable Bear Electrical Solutions, Inc.$3,600.00 Invoice Date Description Amount 22534 04/30/2024 Cupertino De Anza & Kentwood through April 2024 $3,600.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $3,600.00 39698 05/17/2024 Open Accounts Payable BKF Engineers $2,603.50 Invoice Date Description Amount 24040795 04/17/2024 I-280 Trail through 02262024-03312024 $2,168.50 24040706 04/17/2024 Jollyman Park Playground Restroom through 02262024-03312024 $435.00 Paying Fund Cash Account Amount Monday, May 20, 2024Pages: 15 of 20user: Vi Tran 87 CC 06-04-2024 87 of 530 Payment Register City of Cupertino From Payment Date: 5/11/2024 - To Payment Date: 5/17/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash) $2,603.50 39699 05/17/2024 Open Accounts Payable CHAD MOSLEY $55.00 Invoice Date Description Amount ChadM04202024 04/20/2024 Cell Phone Reimbursement through 032124-042024 $55.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $55.00 39700 05/17/2024 Open Accounts Payable Cotton, Shires & Associates, Inc.$8,572.52 Invoice Date Description Amount 524026 05/02/2024 Steakley Vineyard Access Rd 21750 Rainbow Dr. through 1924-43024 $4,205.90 524129 05/08/2024 Regnart Road Sites 1 & 2 through 040124-043024 $3,939.12 424049 04/03/2024 Regnart Road Sites 1 & 2 through 030124-033124 $427.50 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,205.90 420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash) $4,366.62 39701 05/17/2024 Open Accounts Payable Craig Whittom Consulting $16,354.44 Invoice Date Description Amount 00049 03/03/2024 February 2024 - Project Management $6,917.22 00053 04/04/2024 March 2024-Project Management $4,725.00 00057 05/01/2024 April 2024-Project Management $4,712.22 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $16,354.44 39702 05/17/2024 Open Accounts Payable CSG Consultants, Inc.$15,702.50 Invoice Date Description Amount 56192 05/06/2024 2023 Pavement Maint Ph. 2 through 03302024- 04262024 $15,702.50 Paying Fund Cash Account Amount 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $15,702.50 39703 05/17/2024 Open Accounts Payable EDGES ELECTRICAL GROUP $1,234.54 Invoice Date Description Amount S6149166.001 05/09/2024 Street- Bare Tool, Hex Ext., Batt. Pack, Plier/Crimper, Pliers $636.65 S6149133.001 05/09/2024 Street-Electrical Box, Oldcast Street Lighting, Oldcast Lighting $597.89 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,234.54 39704 05/17/2024 Open Accounts Payable Ewing Irrigation Products Inc.$361.96 Invoice Date Description Amount 22091301 04/24/2024 Grounds- PVC Cap, PVC 90, PVC Coupling $361.96 Paying Fund Cash Account Amount Monday, May 20, 2024Pages: 16 of 20user: Vi Tran 88 CC 06-04-2024 88 of 530 Payment Register City of Cupertino From Payment Date: 5/11/2024 - To Payment Date: 5/17/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $361.96 39705 05/17/2024 Open Accounts Payable FitPros $3,860.00 Invoice Date Description Amount 2950 04/15/2024 Health Talks - Living Aloha and LGBTQIA+ History and Rights $3,860.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $3,860.00 39706 05/17/2024 Open Accounts Payable GARDENLAND POWER EQUIPMENT $383.42 Invoice Date Description Amount 1090214 04/16/2024 Fleet- Carburetor, Filter $272.02 1090222 04/16/2024 Fleet- ExMark Blades $111.40 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $383.42 39707 05/17/2024 Open Accounts Payable GRAINGER INC $766.47 Invoice Date Description Amount 9109117243 05/06/2024 Grounds- Repair Kit $203.76 9109531161 05/06/2024 Facilities- Chrome Bathroom Spout $562.71 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $766.47 39708 05/17/2024 Open Accounts Payable HERITAGE LANDSCAPE SUPPLY GROUP $216.40 Invoice Date Description Amount 0014859325-003 04/24/2024 Trees/ROW- RBX1800 Retrofit Kit $216.40 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $216.40 39709 05/17/2024 Open Accounts Payable IMPEC GROUP INC,.$3,130.00 Invoice Date Description Amount 2404233 04/30/2024 Facilities- Custodial Service for Senior Center Water Overflow $375.00 2404221 04/30/2024 Upholstery Cleaning Services $2,755.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $3,130.00 39710 05/17/2024 Open Accounts Payable InservH2O Inc.$834.80 Invoice Date Description Amount 3853 05/06/2024 Facilities - Water Treatment May 2024 $834.80 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $834.80 39711 05/17/2024 Open Accounts Payable Jarvis Fay LLP $1,406.00 Invoice Date Description Amount 18846 04/30/2024 Legal Services, April 2024 $1,406.00 Monday, May 20, 2024Pages: 17 of 20user: Vi Tran 89 CC 06-04-2024 89 of 530 Payment Register City of Cupertino From Payment Date: 5/11/2024 - To Payment Date: 5/17/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,406.00 39712 05/17/2024 Open Accounts Payable MONICA G. RANES-GOLDBERG $84.00 Invoice Date Description Amount 050924MGRG 05/09/2024 Sub for QCC Feb classes $84.00 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $84.00 39713 05/17/2024 Open Accounts Payable Municipal Resource Group, LLC $1,312.50 Invoice Date Description Amount 240276 03/07/2024 Meeting with Community Development Director $250.00 240525 05/03/2024 CDD Professional Development – March & April 2024 Services” $1,062.50 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,312.50 39714 05/17/2024 Open Accounts Payable NI Government Services Inc $84.44 Invoice Date Description Amount 24042907051 05/06/2024 Telephone & Data Services – April 2024 $84.44 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $84.44 39715 05/17/2024 Open Accounts Payable Nomad Transit LLC $198,369.13 Invoice Date Description Amount INV001-10944 04/30/2024 Via Cupertino Shuttle through April 2024 $198,369.13 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $198,369.13 39716 05/17/2024 Open Accounts Payable ODP Business Solutions, LLC.$2.83 Invoice Date Description Amount 360736703001 04/05/2024 Service Center- 2 Pack Scissors $2.83 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2.83 39717 05/17/2024 Open Accounts Payable Richard Yau $5,775.00 Invoice Date Description Amount 2403 05/07/2024 Master Agreement 2022-002 Various Projects $5,775.00 Paying Fund Cash Account Amount 420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash) $5,775.00 39718 05/17/2024 Open Accounts Payable San Jose Conservation Corps & Charter School $209.28 Invoice Date Description Amount INV0031 03/31/2024 Compost Site Attendants- March 2024 $209.28 Paying Fund Cash Account Amount 520 - Resource Recovery 520 100-100 (Cash & Investments Assets Operating Cash) $209.28 Monday, May 20, 2024Pages: 18 of 20user: Vi Tran 90 CC 06-04-2024 90 of 530 Payment Register City of Cupertino From Payment Date: 5/11/2024 - To Payment Date: 5/17/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 39719 05/17/2024 Open Accounts Payable Snapology of Los Gatos $5,837.40 Invoice Date Description Amount SNAP_SPR24_1 04/29/2024 SNAPOLOGY_SPRING_4.15-19_PAYMENT1 $5,837.40 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $5,837.40 39720 05/17/2024 Open Accounts Payable Spectrio LLC $1,089.12 Invoice Date Description Amount 1652084 05/01/2024 Enplug DS Enplug Digital Signage Subscription $1,089.12 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,089.12 39721 05/17/2024 Open Accounts Payable Suyesh Shrestha $41.51 Invoice Date Description Amount SuyeshS05062024 05/06/2024 Cell Phone Reimbursement through 05062024 $41.51 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $41.51 39722 05/17/2024 Open Accounts Payable The Drala Project, Inc.$20,934.38 Invoice Date Description Amount 7644 04/22/2024 (4) 1.92TB NVMe Drives for PowerStore Upgrade, ProSupport 4 hr $20,934.38 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $20,934.38 39723 05/17/2024 Open Accounts Payable United Site Services $492.78 Invoice Date Description Amount INV-4477087 05/06/2024 Trees/ROW- SWP 5/6/2024-6/2/2024 $492.78 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $492.78 39724 05/17/2024 Open Accounts Payable West Coast Code Consultants, Inc.$89,538.34 Invoice Date Description Amount 224-04-156-01 05/13/2024 Building Plan Review Services - 2024/04 $89,538.34 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $89,538.34 Type EFT Totals:41 Transactions $1,230,372.17 Main Account - Main Checking Account Totals Checks Status Count Transaction Amount Reconciled Amount Open 55 $583,476.54 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 55 $583,476.54 $0.00 EFTs Status Count Transaction Amount Reconciled Amount Open 41 $1,230,372.17 $0.00 Monday, May 20, 2024Pages: 19 of 20user: Vi Tran 91 CC 06-04-2024 91 of 530 Payment Register City of Cupertino From Payment Date: 5/11/2024 - To Payment Date: 5/17/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Total 41 $1,230,372.17 $0.00 All Status Count Transaction Amount Reconciled Amount Open 96 $1,813,848.71 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 96 $1,813,848.71 $0.00 Grand Totals: Checks Status Count Transaction Amount Reconciled Amount Open 55 $583,476.54 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 55 $583,476.54 $0.00 EFTs Status Count Transaction Amount Reconciled Amount Open 41 $1,230,372.17 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Total 41 $1,230,372.17 $0.00 All Status Count Transaction Amount Reconciled Amount Open 96 $1,813,848.71 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 96 $1,813,848.71 $0.00 Monday, May 20, 2024Pages: 20 of 20user: Vi Tran 92 CC 06-04-2024 92 of 530 RESOLUTION NO. 24-XXX A RESOLUTION OF THE CUPERTINO CITY COUNCIL RATIFYING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING MAY 24, 2024 WHEREAS, the Director of Administrative Services or their designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby ratify the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of June, 2024 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Sheila Mohan, Mayor City of Cupertino ________________________ Date ATTEST: ________ Kirsten Squarcia, City Clerk ________________________ Date 93 CC 06-04-2024 93 of 530 Resolution No. 24-XXX Page 2 CERTIFICATION The Finance Manager hereby certifies to the accuracy of said records and to the availability of funds for payment. CERTIFIED: Jonathan Orozco, Finance Manager 94 CC 06-04-2024 94 of 530 Payment Register City of Cupertino From Payment Date: 5/18/2024 - To Payment Date: 5/24/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Main Account - Main Checking Account Check 734562 05/24/2024 Open Accounts Payable Advantage Grafix $429.96 Invoice Date Description Amount 48498 04/24/2024 1x Full color business 250 cards for Jose Torres $106.94 48565 05/14/2024 Municipal Regional Permit print & bind $323.02 Paying Fund Cash Account Amount 230 - Env Mgmt Cln Crk Strm Drain 230 100-100 (Cash & Investments Assets Operating Cash) $323.02 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $106.94 734563 05/24/2024 Open Accounts Payable ALHAMBRA $459.44 Invoice Date Description Amount 14628570 051624 05/16/2024 Employee Drinking Water BBF - Current Balance Only $241.75 4984729 051124 05/11/2024 Employee Drinking Water for QCC - Current Balance Only $217.69 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $459.44 734564 05/24/2024 Open Accounts Payable AT&T $6,970.58 Invoice Date Description Amount 000021552930-0 04/12/2024 9391066758 - 4087771305 | | 10185 N STELLING RD - Secure FAX $19.30 000021552930-1 04/12/2024 9391066758 - 4087771306 | | 10185 N STELLING RD - Sheriff $19.21 000021552930-2 04/12/2024 9391066758 - 4087771307 | | 10185 N STELLING RD - Sheriff $19.21 000021552930-3 04/12/2024 9391066758 - 4087771311 | | 22221 MC CLELLAN RD - Environmental $24.30 000021552930-4 04/12/2024 9391066758 - 4087771318 | | 10555 MARY AV - Traffic Operating Ce $35.21 000021552930-5 04/12/2024 9391066758 - 4087771331 | | 21975 SAN FERNANDO AV - BBF- Kiosk A $19.71 000021552930-6 04/12/2024 9391066758 - 4087771340 | | 10555 MARY AV - Alarm- Service Cente $19.34 000021552930-7 04/12/2024 9391066758 - 4087771344 | | 21251 STEVENS CREEK BL - SEN - FAX $19.21 000021552930-8 04/12/2024 9391066758 - 4087771345 - CH- PG&E Meter $19.36 000021552930-9 04/12/2024 9391066758 - 4087771346 | | 21111 STEVENS CREEK BL - SPORTS Cent $19.36 000021552930-10 04/12/2024 9391066758 - 4087771348 | | 10555 MARY AV - Alarm- Service Cente $20.87 000021552930-11 04/12/2024 9391066758 - 4087771355 | | 10555 MARY AV - Mechanic Shop FAX $19.21 000021552930-12 04/12/2024 9391066758 - 4087773102 | | 10185 N STELLING RD - Museum/Spare $19.21 000021552930-13 04/12/2024 9391066758 - 4087773103 | | 10185 N STELLING RD - Museum/Spare $19.21 000021552930-14 04/12/2024 9391066758 - 4087773109 - FAX $19.21 000021552930-15 04/12/2024 9391066758 - 4087773112 | | 21111 STEVENS CREEK BL - SPORTS- Fir $20.66 Tuesday, May 28, 2024Pages: 1 of 23user: Vi Tran 95 CC 06-04-2024 95 of 530 Payment Register City of Cupertino From Payment Date: 5/18/2024 - To Payment Date: 5/24/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 000021552930-16 04/12/2024 9391066758 - 4087773113 | | 21111 STEVENS CREEK BL - SPORTS- Fir $19.52 000021552930-17 04/12/2024 9391066758 - 4087773137 | | 10185 N STELLING RD - FAX QCC $19.23 000021552930-18 04/12/2024 9391066758 - 4087773143 | | 21975 SAN FERNANDO AV - BBF - Retrea $19.82 000021552930-19 04/12/2024 9391066758 - 4087773145 | | 21975 SAN FERNANDO AV - BBF-Alarm Go $19.38 000021552930-20 04/12/2024 9391066758 - 4087773156 | | 21251 STEVENS CREEK BL - SEN- FAX Wo $19.21 000021552930-21 04/12/2024 9391066758 - 4087773164 | | 21111 STEVENS CREEK BL - Sports Fax $19.36 000021552930-22 04/12/2024 9391066758 - 4087773168 | | 21111 STEVENS CREEK BL - Sports Cent $19.36 000021552930-23 04/12/2024 9391066758 - 4087773254 | | 21975 SAN FERNANDO AV - BBF - Golf S $24.28 000021552930-24 04/12/2024 9391066758 - 4087773258 | | 21975 SAN FERNANDO AV - BBF- Alarm C $19.21 000021552930-25 04/12/2024 9391066758 - 4087773287 - Comm Hall - Alarm $19.58 000021552930-26 04/12/2024 9391066758 - 4087773288 - Comm Hall - Fire Alarm $19.68 000021552930-27 04/12/2024 9391066758 - 4087773293 - Comm Hall - Fire Alarm $19.21 000021552930-28 04/12/2024 9391066758 - 4087773302 | | 21251 STEVENS CREEK BL - SEN- Credit $19.21 000021552930-29 04/12/2024 9391066758 - 4087773305 | | 21251 STEVENS CREEK BL - SEN- Credit $19.21 000021552930-30 04/12/2024 9391066758 - 4087773317 - CH- Finance CC VISA $19.36 000021552930-31 04/12/2024 9391066758 - 4087773333 - CH- FAX downstairs $19.36 000021552930-32 04/12/2024 9391066758 - 4087773365 | | 21251 STEVENS CREEK BL - RNA FAX $19.21 000021552930-33 04/12/2024 9391066758 - 4087773369 | | 21251 STEVENS CREEK BL - SEN- Alarm $20.20 000021552930-34 04/12/2024 9391066758 - 4087773370 | | 21251 STEVENS CREEK BL - SEN- Alarm $19.45 000021552930-35 04/12/2024 9391066758 - 4087773372 | | 21251 STEVENS CREEK BL - Trane Modem $19.21 000021552930-36 04/12/2024 9391066758 - 4087773387 | | 10555 MARY AV - FAX or Alarm $19.21 000021552930-37 04/12/2024 9391066758 - 4087773388 | | 10555 MARY AV - FAX or Alarm $19.21 000021552930-38 04/12/2024 9391066758 - 4087773399 | | 10555 MARY AV - FAX $19.41 000021552930-39 04/12/2024 9391066758 - 4087773416 | | 21251 STEVENS CREEK BL - SEN- Cr Car $19.21 000021552930-40 04/12/2024 9391066758 - 4087773419 | | 21251 STEVENS CREEK BL - SEN- Cr Car $19.21 000021551962-0 04/12/2024 9391023228-City Clerk $29.35 000021551962-1 04/12/2024 9391023228-4082558166 - Service Center Admin $29.35 000021551962-2 04/12/2024 9391023228-City Hall $2,110.08 000021551962-3 04/12/2024 9391023228-Service Center $120.09 000021551962-4 04/12/2024 9391023228-Wilson Park $29.35 000021551962-5 04/12/2024 9391023228-Street Maintenance $29.47 000021551962-6 04/12/2024 9391023228-Monte Vista - 0720858144 $524.72 Tuesday, May 28, 2024Pages: 2 of 23user: Vi Tran 96 CC 06-04-2024 96 of 530 Payment Register City of Cupertino From Payment Date: 5/18/2024 - To Payment Date: 5/24/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 000021551962-7 04/12/2024 9391023228-BBF Golf - 0720858146 $427.76 000021551962-8 04/12/2024 9391023228-BBF Park - 0720858145 $427.76 000021551962-9 04/12/2024 9391023228-0720858348 -$427.76 000021551962-10 04/12/2024 9391023228-0720858349 - 10229 North Portal Avenue $427.76 000021551962-11 04/12/2024 9391023228-Teleconnect: BTN0720858350 $427.76 000021551962-12 04/12/2024 9391023228-720858352 $524.72 000021551962-13 04/12/2024 9391023228-Teleconnect: BTN0722762181 $524.72 000021551962-14 04/12/2024 9391023228-4084461114 - 10455 Miller Ave $29.35 000021551962-15 04/12/2024 9391023228-4084461126 - 19784 Wintergreen dr. $29.35 000021551962-16 04/12/2024 9391023228-4084461164 - 10299 N PORTAL AV $29.35 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $3,572.65 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $98.26 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $3,280.46 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $19.21 734565 05/24/2024 Open Accounts Payable California Water Services $7,792.21 Invoice Date Description Amount 1188-042324 04/23/2024 5606531188 3/23/24-4/22/24 $90.78 3333-042524 04/25/2024 5926633333 3/21/24-4/18/24 $7,701.43 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $7,792.21 734566 05/24/2024 Open Accounts Payable CINTAS CORP $1,203.64 Invoice Date Description Amount 4192630100 05/14/2024 Service Center - Uniform Safety Apparel $1,203.64 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,203.64 734567 05/24/2024 Open Accounts Payable COMCAST $1,786.84 Invoice Date Description Amount 3310-050724 05/07/2024 8155 40 065 0183310-050724 $1,786.84 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $699.22 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $1,087.62 734568 05/24/2024 Open Accounts Payable County of Santa Clara -Office of the Sheriff $894.00 Invoice Date Description Amount 1800089540 04/26/2024 Supplemental Law Enforcement Holi Festival 4/7/2024 $894.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $894.00 Tuesday, May 28, 2024Pages: 3 of 23user: Vi Tran 97 CC 06-04-2024 97 of 530 Payment Register City of Cupertino From Payment Date: 5/18/2024 - To Payment Date: 5/24/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 734569 05/24/2024 Open Accounts Payable ICLEI - Local Governments for Sustainability $1,200.00 Invoice Date Description Amount 3801 05/08/2024 2024 Annual Membership $1,200.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,200.00 734570 05/24/2024 Open Accounts Payable Mountain View Garden Center $362.18 Invoice Date Description Amount 115568 05/10/2024 Street- Base Rock $73.11 115597 05/15/2024 Grounds- Fill Sand, Base Rock $289.07 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $362.18 734571 05/24/2024 Open Accounts Payable Napa Auto Parts $259.30 Invoice Date Description Amount 718976 03/08/2024 Fleet - Credit for Invoice# 5213-712645 ($972.64) 722052 04/22/2024 Fleet - Credit for Invoice# 5213-712645 ($31.98) 722192 04/23/2024 Fleet- Panel Filter $52.64 722771 05/01/2024 Fleet- Powerated Belt $28.77 722753 05/01/2024 Fleet- Ozzy Juice $574.04 723747 05/15/2024 723747 $268.60 723740 05/15/2024 Fleet- Brake Cleaner, Penetrant Oil, Thermometer, Valve Core $339.87 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $259.30 734572 05/24/2024 Open Accounts Payable National Auto Fleet Group $107,863.34 Invoice Date Description Amount WF10214 04/23/2024 Fleet- Ford F-350 vin#1FDRF3EN6RED47288 Veh. 504 $53,931.67 WF10242 05/07/2024 Fleet- Ford F-350 vin#1FDRF3EN5RED45449 Veh. 503 $53,931.67 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $107,863.34 734573 05/24/2024 Open Accounts Payable O'Reilly Auto Parts $410.03 Invoice Date Description Amount 2591-367208 05/15/2024 Fleet- Turbo Hoses $155.02 2591-367552 05/16/2024 Fleet- Oil Filter $40.57 2591-367546 05/16/2024 Fleet- Oil Filter $60.86 2591-367551 05/16/2024 Fleet- Credit for Inv#2591-36754 ($60.86) 2591-367534 05/16/2024 Fleet- Semi-Met Pad $59.81 2591-366825 05/13/2024 Fleet- Alternator, Core Charge $154.63 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $410.03 Tuesday, May 28, 2024Pages: 4 of 23user: Vi Tran 98 CC 06-04-2024 98 of 530 Payment Register City of Cupertino From Payment Date: 5/18/2024 - To Payment Date: 5/24/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 734574 05/24/2024 Open Accounts Payable Occupational Health Centers of California, A Medi $185.00 Invoice Date Description Amount 83125651 05/15/2024 TB Test X-Ray, N.Mitchener, H. & S.Winebarger, A.Cheng, C.Kim $185.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $185.00 734575 05/24/2024 Open Accounts Payable Operating Engineers Local Union No. 3 $1,465.10 Invoice Date Description Amount 05172024 05/17/2024 Union Dues pp 5/4/24-5/17/24 $1,465.10 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,465.10 734576 05/24/2024 Open Accounts Payable Papé Machinery $1,077.27 Invoice Date Description Amount 15129644 05/03/2024 Fleet- Wiper Blades, Filter, Tank, Cap, Pumps $1,077.27 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $1,077.27 734577 05/24/2024 Open Accounts Payable RPM EXTERMINATORS INC $1,275.00 Invoice Date Description Amount 0108906 05/13/2024 Facilities- Bait Trap Service $1,275.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,020.00 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $255.00 734578 05/24/2024 Open Accounts Payable San Jose Water Company $45,457.44 Invoice Date Description Amount SJW040424-0 04/04/2024 0251610000-1 - 19500 Calle De Barcelona $105.47 SJW040424-1 04/04/2024 1649600000-7 - Barrington Bridge Lane $345.49 SJW040424-2 04/04/2024 2628900000-7 - Farallone Dr.LS $985.54 SJW040424-3 04/04/2024 8148220000-3 - Sterling BL LS(Sterlinig BarnhartPk)$309.36 SJW042524-0 04/25/2024 0573900000-7 - 22120 Stevens Creek Blvd $102.88 SJW042524-1 04/25/2024 3688120000-4 - Mary Ave Footbridge $179.02 SJW042524-2 04/25/2024 3872100000-8 - Park Canyon Oak Wy $324.71 SJW042524-3 04/25/2024 5022148584-5 - 10301 Byrne Ave $186.50 SJW042524-4 04/25/2024 6287875324-3 - 22241 McClellan Rd (Simms)$317.05 SJW042524-5 04/25/2024 6875120000-4 - 21979 San Fernando Av $221.78 SJW042524-6 04/25/2024 7112900000-7 - Oak Valley Rd $170.65 SJW042524-7 04/25/2024 7523510000-7 - Oak Valley Road LS $163.59 SJW042524-8 04/25/2024 9118810000-1 - 21121 Stevens Ck Bl Ls $405.79 SJW042524-9 04/25/2024 4299057897-5 - Alhambra Ave $547.29 SJW042624-0 04/26/2024 0068410000-1 - 22221 McClellan 8302 $2,075.40 SJW042624-1 04/26/2024 0134100000-6 - 8303 Memorial Park $625.57 SJW042624-2 04/26/2024 0345710000-0 - Alderbrook Ln.FS $152.19 SJW042624-3 04/26/2024 0677310000-0 - 10300 Torre Ave LS (Comm.Hall)$314.91 Tuesday, May 28, 2024Pages: 5 of 23user: Vi Tran 99 CC 06-04-2024 99 of 530 Payment Register City of Cupertino From Payment Date: 5/18/2024 - To Payment Date: 5/24/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference SJW042624-4 04/26/2024 1198300000-8 - 21979 San Fernando Ave. 6620 (Trail Restroom) $293.17 SJW042624-5 04/26/2024 1250520000-1 - 6620 Blackberry/Snack $427.53 SJW042624-6 04/26/2024 1332100000-5 - Hyde Avenue $884.65 SJW042624-7 04/26/2024 1444810000-9 - Hyannisport Dr. LS $852.67 SJW042624-8 04/26/2024 1735700000-3 - 8303 Memorial Park Restroom $356.81 SJW042624-9 04/26/2024 1787904559-3 - 22221 McClellan 8302 $212.06 SJW042624-10 04/26/2024 1832500000-0 - Ruppell PL LS $564.18 SJW042624-11 04/26/2024 1836700000-9 - 8322 Mary Mini Park $300.23 SJW042624-12 04/26/2024 1987700000-0 - Alderbrook Ln LS $2,661.64 SJW042624-13 04/26/2024 2228610000-7 - 21111 Stevens Crk LS $314.37 SJW042624-14 04/26/2024 2243500000-9 - 10300 Ainsworth Dr.LS $477.04 SJW042624-15 04/26/2024 2286120000-8 - 21251 Stevens Creek Blvd $96.18 SJW042624-16 04/26/2024 2288800000-1 - Stokes Ave/8306 Somerset Park $293.17 SJW042624-17 04/26/2024 2649300000-9 - 10300 Torre Ave. FS (Comm.Hall)$152.19 SJW042624-18 04/26/2024 2787197813-9 - 8322 Stevens Creek Bl $92.58 SJW042624-19 04/26/2024 2892070144-9 - 22221 McClellan 8320 $192.37 SJW042624-20 04/26/2024 2958510000-0 - 10555 Mary Ave.$92.58 SJW042624-21 04/26/2024 2974010000-2 - 21251 Stevens Creek Blvd $378.03 SJW042624-22 04/26/2024 2984810000-3 - 8504 Alves and Stelling $378.03 SJW042624-23 04/26/2024 3207400000-4 - 21710 McClellan 8312 $455.82 SJW042624-24 04/26/2024 3322910000-4 - 8306 Somerset Park(Stokes Ave)$293.17 SJW042624-25 04/26/2024 3530520000-4 - 21111 Stev.Crk Blvd 8510 $498.26 SJW042624-26 04/26/2024 3612707315-7 - Stocklmeir Ct $293.17 SJW042624-27 04/26/2024 3673220000-5 - Stev.Crk/Cupertino Rd.$92.58 SJW042624-28 04/26/2024 3746710000-6 - 21111 Stev.Crk BL FS $151.14 SJW042624-29 04/26/2024 3841010000-2 - 8507 Monta Vista Park $335.59 SJW042624-30 04/26/2024 3856110000-9 - 8322 Stella Estates $92.58 SJW042624-31 04/26/2024 3857710000-1 - 8322 Foothill/Cupertino Rd $220.55 SJW042624-32 04/26/2024 3900520000-9 - 10300 Torre Ave $710.23 SJW042624-33 04/26/2024 3953083125-2 - Tuscany Pl $618.62 SJW042624-34 04/26/2024 4012210000-7 - 22601 Voss Av 8304 $682.86 SJW042624-35 04/26/2024 4103020000-4 - 6620 Blackberry/Snack $738.72 SJW042624-36 04/26/2024 4227520000-6 - 8303 Memorial Park $314.37 SJW042624-37 04/26/2024 4444250747-9 - Tuscany Pl $618.62 SJW042624-38 04/26/2024 5122900000-8 - Portable Meter - Trees & ROW $555.56 SJW042624-39 04/26/2024 5237400000-9 - Dumas Dr, LS $1,244.38 SJW042624-40 04/26/2024 5356310000-6 - 8322 Stev.Crk/Median $293.17 SJW042624-41 04/26/2024 5778910000-5 - 8504 Quinlan Ln.FS $96.18 SJW042624-42 04/26/2024 5835000000-4 - 8322 Stelling/Alves $183.78 SJW042624-43 04/26/2024 5929210000-1 - 8322 Ann Arbor Ct $183.78 SJW042624-44 04/26/2024 5948100000-4 - Emerg Irrig/Golf/ 6640 BBF (Irrigation)$5,510.23 SJW042624-45 04/26/2024 5986710000-6 - 10300 Torre Ave. FS (Comm.Hall)$603.40 SJW042624-46 04/26/2024 5997110000-9 - 7555 Barnhart Pl $1,137.55 SJW042624-47 04/26/2024 6292600000-1 - 10800 Torre Ave LS $760.09 SJW042624-48 04/26/2024 6296810000-8 - 8322 Stev.Crk Bl median $92.58 SJW042624-49 04/26/2024 6405210000-1 - 8506 McClellan Ranch $205.73 SJW042624-50 04/26/2024 6578520000-0 - 83 Foothill Bl/Alpine Dr22 LS $183.78 SJW042624-51 04/26/2024 6730700000-9 - 21975 San Fernando Av $99.64 SJW042624-52 04/26/2024 6788620000-4 - 10555 Mary Ave. 8503 $342.66 Tuesday, May 28, 2024Pages: 6 of 23user: Vi Tran 100 CC 06-04-2024 100 of 530 Payment Register City of Cupertino From Payment Date: 5/18/2024 - To Payment Date: 5/24/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference SJW042624-53 04/26/2024 6907100000-9 - Alderbrook Ln $289.99 SJW042624-54 04/26/2024 6935200000-9 - 8303 Memorial Park $462.90 SJW042624-55 04/26/2024 6973320000-5 - 8301 Linda Vista PK1 $328.52 SJW042624-56 04/26/2024 7036000000-7 - 85 Stev.Crk/Mary LS $183.78 SJW042624-57 04/26/2024 7054200000-8 - 8322 Phar Lap LS $56.09 SJW042624-58 04/26/2024 7495200000-3 - 10300 Torre Ave FS $152.19 SJW042624-59 04/26/2024 7630410000-1 - Salem Av.LS $183.78 SJW042624-60 04/26/2024 7930000000-1 - 8322 Stelling/Christensen Dr.$183.78 SJW042624-61 04/26/2024 8006810000-9 - 10450 Mann Dr $56.09 SJW042624-62 04/26/2024 8065700000-8 - Peninsula and Fitzgerald Is $56.09 SJW042624-63 04/26/2024 8270010000-9 - Janice Ave.LS $351.82 SJW042624-64 04/26/2024 8287220000-9 - 8322 Stevens Cr/San Antonio Ls $92.58 SJW042624-65 04/26/2024 8427420000-9 - 8322 Foothill/Vista Knoll $183.78 SJW042624-66 04/26/2024 8549600000-2 - Bubb Rd.LS $781.46 SJW042624-67 04/26/2024 8647520000-1 - 10555 Mary Ave/Corp Yard FS $247.33 SJW042624-68 04/26/2024 8755010000-9 - 10455 Miller Ave/Creekside $589.17 SJW042624-69 04/26/2024 8879620000-9 - 8504 Christensen Dr $370.95 SJW042624-70 04/26/2024 8886800000-6 - 8301 Linda Vista PK2 $293.17 SJW042624-71 04/26/2024 9377600000-7 - 8307 Varian Park $314.37 SJW042624-72 04/26/2024 9824500000-9 - 8322 Irrig SC/Stelling $298.83 SJW042624-73 04/26/2024 9988206980-2 (old 6784967491-5) - 8303 Memorial Park $576.78 SJW050224-0 05/02/2024 0067500000-4 - Oro Grande PL LS $193.59 SJW050224-1 05/02/2024 0879200000-5 - Stelling Rd. LS $590.48 SJW050224-2 05/02/2024 1731610000-1 - De Anza Blvd.S.$611.83 SJW050224-3 05/02/2024 4242600000-8 - Irrigation-Median (Bollinger Rd)$177.17 SJW050224-4 05/02/2024 5280181221-6 - S De Anza Bl (median irrigation)$198.51 SJW050224-5 05/02/2024 5949902723-9 - Creekline Dr $370.16 SJW050224-6 05/02/2024 9705420000-7 - 10300 Torre Avenue Ls $603.68 SJW050324-0 05/03/2024 3156700000-0 - Prospect Rd.LS $190.49 SJW050324-1 05/03/2024 4676110000-0 - Rainbow Dr.LS $193.59 SJW050324-2 05/03/2024 6756510000-4 - Yorkshire Dr.LS $1,815.43 SJW050324-3 05/03/2024 7808300000-6 - Irrigation-Median (Westlynn Wy)$186.48 SJW050324-4 05/03/2024 9511610000-9 - Donegal Dr.$111.12 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $38,577.65 560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash) $5,510.23 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $1,369.56 734579 05/24/2024 Open Accounts Payable San Jose Water Company $67,961.02 Invoice Date Description Amount 02292024 04/26/2024 Water System Upgrades $67,961.02 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $67,961.02 734580 05/24/2024 Open Accounts Payable Sharp Electronics Corporation $683.47 Invoice Date Description Amount 9004788612 04/03/2024 Sharp Maintenance for MFP support for April 2024 $350.60 Tuesday, May 28, 2024Pages: 7 of 23user: Vi Tran 101 CC 06-04-2024 101 of 530 Payment Register City of Cupertino From Payment Date: 5/18/2024 - To Payment Date: 5/24/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 9004820665 04/30/2024 Sharp Maintenance Agreement for MFP support March 2024 $332.87 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $683.47 734581 05/24/2024 Open Accounts Payable Sierra Pacific Turf Supply, Inc.$1,635.05 Invoice Date Description Amount 01005439 04/10/2024 Grounds- Fertilizer $1,635.05 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,635.05 734582 05/24/2024 Open Accounts Payable The Culinary Institute of America at Greystone $555.00 Invoice Date Description Amount TOUR05302024 05/30/2024 Senior Trip: 5/30/24 - Charming St. Helena! Trip: CIA Admission $555.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $555.00 734583 05/24/2024 Open Accounts Payable TransUnion Risk and Alternative $165.00 Invoice Date Description Amount 6110432-202404-1 05/01/2024 Tlo 04/01/2024 - 04/30/2024 $165.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $165.00 734584 05/24/2024 Open Accounts Payable VERIZON WIRELESS $6,195.31 Invoice Date Description Amount 9963303141-0 05/04/2024 408-202-5384 / Travis Warner $38.01 9963303141-1 05/04/2024 408-204-5990 / Diego Rodriguez $46.99 9963303141-2 05/04/2024 408-205-3349 / Rafael (Senior Center)$46.99 9963303141-3 05/04/2024 408-205-4849 / Brandon Martinez $38.01 9963303141-4 05/04/2024 408-205-5866 / Ricardo Acevedo $38.01 9963303141-5 05/04/2024 408-205-6589 / Street Lights $38.01 9963303141-6 05/04/2024 408-206-0538 / Quinton Adams $46.99 9963303141-7 05/04/2024 408-206-7512 / Fleet/Mechanic Shop $38.01 9963303141-8 05/04/2024 408-234-1270 / Adrian Sanchez $38.01 9963303141-9 05/04/2024 408-234-4724 / Building Attendants Quinlan $46.99 9963303141-10 05/04/2024 408-309-0340 / Piu Ghosh $46.99 9963303141-11 05/04/2024 408-309-2536 / Ursula Syrova $46.99 9963303141-12 05/04/2024 408-309-2693 / Paul Tognetti $38.01 9963303141-13 05/04/2024 408-309-7042 / Kristina Alfaro $46.99 9963303141-14 05/04/2024 408-309-7640 / Bob Sabich $46.99 9963303141-15 05/04/2024 408-309-8401 / Paul Sapudar $38.01 9963303141-16 05/04/2024 408-309-9252 / Antonio Torrez $46.99 9963303141-17 05/04/2024 408-313-0045 / Roberto Montez $38.01 9963303141-18 05/04/2024 408-313-1148 / Toan Quach $165.41 9963303141-19 05/04/2024 408-313-3558 / Jared Lopez $38.01 9963303141-20 05/04/2024 408-313-4364 / Street Tree Maintenance #4 $38.01 9963303141-21 05/04/2024 408-313-5321 / Aaron Saiz $38.01 Tuesday, May 28, 2024Pages: 8 of 23user: Vi Tran 102 CC 06-04-2024 102 of 530 Payment Register City of Cupertino From Payment Date: 5/18/2024 - To Payment Date: 5/24/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 9963303141-22 05/04/2024 408-313-6943 / Victor Espinoza $38.01 9963303141-23 05/04/2024 408-314-4452 / Shawn Tognetti $46.99 9963303141-24 05/04/2024 408-314-6637 / Phuong Devries $46.99 9963303141-25 05/04/2024 408-314-9200 / Victoria Morin $38.01 9963303141-26 05/04/2024 408-315-3044 / Jonathan Ferrante $46.99 9963303141-27 05/04/2024 408-315-6764 / Rachelle Sander Mifi $38.01 9963303141-28 05/04/2024 408-315-8165 / Brian Gathers $38.01 9963303141-29 05/04/2024 408-318-0344 / Michael Woo $46.99 9963303141-30 05/04/2024 408-318-2012 / Aldo Corral $38.01 9963303141-31 05/04/2024 408-318-3663 / Pamela Wu $46.99 9963303141-32 05/04/2024 408-318-8726 / Diego Rodriguez $38.01 9963303141-33 05/04/2024 408-334-4885 / Michael Kimball $38.01 9963303141-34 05/04/2024 408-334-9082 / Sean Hatch $46.99 9963303141-35 05/04/2024 408-340-8564 / BBF Golf Course $38.01 9963303141-36 05/04/2024 408-340-8648 / Chad Mosley $38.01 9963303141-37 05/04/2024 408-345-1639 / Sonya Lee $46.99 9963303141-38 05/04/2024 408-440-7136 / Andy Badal $38.01 9963303141-39 05/04/2024 408-460-1821 / Ty Bloomquist $67.39 9963303141-40 05/04/2024 408-466-4450 / Frank Villa $38.01 9963303141-41 05/04/2024 408-472-1568 / David Stillman $46.99 9963303141-42 05/04/2024 408-472-7011 / Ty Bloomquist $38.01 9963303141-44 05/04/2024 408-472-9907 / Manuel Barragan $52.78 9963303141-45 05/04/2024 408-478-1999 / James Lee $46.99 9963303141-46 05/04/2024 408-482-7747 / Matt Morley $46.99 9963303141-47 05/04/2024 408-483-5672 / M. Jonathan Ferrante $38.01 9963303141-48 05/04/2024 408-483-7859 / Shawn Tognetti $38.01 9963303141-49 05/04/2024 408-483-9976 / On-Call Service Center $41.01 9963303141-50 05/04/2024 408-489-4395 / Beth Viajar $46.99 9963303141-51 05/04/2024 408-489-9309 / Jonathan Ferrante $38.01 9963303141-52 05/04/2024 408-489-9310 / Kevin Riedan $38.01 9963303141-53 05/04/2024 408-493-3534 / Michael Garcia $38.01 9963303141-54 05/04/2024 408-493-3543 / Frank Villa $46.99 9963303141-55 05/04/2024 408-495-9234 / Thomas Chin $46.99 9963303141-56 05/04/2024 408-495-9873 / Thomas Leung $52.63 9963303141-57 05/04/2024 408-497-3691 / Sean Filbeck $38.01 9963303141-58 05/04/2024 408-497-4686 / Nicole Rodriguez $38.01 9963303141-59 05/04/2024 408-497-8714 / Daniel Barone $38.01 9963303141-60 05/04/2024 408-510-0622 / Susan Michael $46.99 9963303141-61 05/04/2024 408-515-2301 / Vanessa Guerra $46.99 9963303141-62 05/04/2024 408-515-9208 / Debra Nascimento $46.99 9963303141-63 05/04/2024 408-515-9374 / Jimmy Tan $46.99 9963303141-64 05/04/2024 408-529-3149 / Luke Connolly $46.99 9963303141-65 05/04/2024 408-540-8405 / Rodney Weathers $46.99 9963303141-66 05/04/2024 408-568-3911 / Junnie Hemann $38.01 9963303141-67 05/04/2024 408-599-8584 / Janet Liang $46.99 9963303141-68 05/04/2024 408-605-2546 / Jerry Anderson $38.01 9963303141-69 05/04/2024 408-605-3078 / Quinton Mifi 1 $38.01 9963303141-70 05/04/2024 408-605-3905 / Andrew Schmitt Mifi 2 $38.01 9963303141-71 05/04/2024 408-609-2453 / Amanda Hui $46.99 9963303141-72 05/04/2024 408-609-2803 / Harman Hunjan $38.01 Tuesday, May 28, 2024Pages: 9 of 23user: Vi Tran 103 CC 06-04-2024 103 of 530 Payment Register City of Cupertino From Payment Date: 5/18/2024 - To Payment Date: 5/24/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 9963303141-73 05/04/2024 408-609-2948 / Brian Policriti $38.01 9963303141-74 05/04/2024 408-609-4188 / Alfredo Alegria $38.01 9963303141-75 05/04/2024 408-609-4367 / Brandon Morales $38.01 9963303141-76 05/04/2024 408-609-8711 / Ralph Aquinaga $38.01 9963303141-77 05/04/2024 408-609-8826 / Domingo Santos $38.01 9963303141-78 05/04/2024 408-610-0601 / Paul Tognetti $46.99 9963303141-79 05/04/2024 408-614-4001 / Nathan Vasquez $46.99 9963303141-80 05/04/2024 408-628-8745 / Fernando Jimenez $38.01 9963303141-81 05/04/2024 408-630-0674 / Christopher Jensen $46.99 9963303141-82 05/04/2024 408-630-0900 / Adrian Melendez $38.01 9963303141-83 05/04/2024 408-630-1388 / Monica Diaz $46.99 9963303141-84 05/04/2024 408-642-0800 / Danielle Carriendo $46.99 9963303141-85 05/04/2024 408-642-4504 / Kevin Green $38.01 9963303141-86 05/04/2024 408-655-8680 / Jeff Trybus $46.99 9963303141-87 05/04/2024 408-655-8685 / Alex Wykoff $46.99 9963303141-88 05/04/2024 408-687-5821 / Jonathan Williams $38.01 9963303141-89 05/04/2024 408-687-9445 / Frankie De Leon $38.01 9963303141-90 05/04/2024 408-687-9854 / John Ramos $38.01 9963303141-91 05/04/2024 408-688-1613 / Peter Arnst $38.01 9963303141-92 05/04/2024 408-688-6252 / Benjamin Fu $46.99 9963303141-93 05/04/2024 408-691-7769 / Lori Baumgartner $46.99 9963303141-94 05/04/2024 408-693-0364 / Josh Illnicki $38.01 9963303141-95 05/04/2024 408-693-7116 / Brandon Morales $41.99 9963303141-96 05/04/2024 408-693-8086 / Kyle Garcia $38.01 9963303141-97 05/04/2024 408-693-8865 / Justice Patterson $38.01 9963303141-98 05/04/2024 408-693-9654 / Saul Herrara $38.01 9963303141-99 05/04/2024 408-694-8703 / Domingo Santos $46.99 9963303141-100 05/04/2024 408-707-0987 / Richard Banda $38.01 9963303141-101 05/04/2024 408-728-0905 / Michael Miranda $46.99 9963303141-102 05/04/2024 408-748-6390 / Tree Crew Ipad 3 $38.01 9963303141-103 05/04/2024 408-750-0302 / Samantha Locurto $46.99 9963303141-104 05/04/2024 408-764-7081 / Jose Torres $143.96 9963303141-105 05/04/2024 408-781-0663 / Bill Bridge $38.01 9963303141-106 05/04/2024 408-781-0799 / Brad Alexander $38.01 9963303141-107 05/04/2024 408-781-1340 / John Stiehr $38.01 9963303141-108 05/04/2024 408-781-4139 / Jose Ramirez $38.01 9963303141-109 05/04/2024 408-786-8664 / Jessica Javier $46.99 9963303141-110 05/04/2024 408-790-6356 / Jonathan Orozco $46.99 9963303141-111 05/04/2024 408-790-7036 / Pete Coglianese $46.99 9963303141-112 05/04/2024 408-790-7039 / Torin Scott $46.99 9963303141-113 05/04/2024 408-790-7045 / Rei Delgado $46.99 9963303141-114 05/04/2024 408-790-7534 / Robert Griffiths $46.99 9963303141-115 05/04/2024 408-841-6612 / T. Internet Emergncyvan $38.01 9963303141-116 05/04/2024 408-857-2355 / Amanda Hui Travel Phone $46.99 9963303141-117 05/04/2024 408-891-2787 / Ricardo Alvarez $38.01 9963303141-118 05/04/2024 408-891-4594 / Larry Lopez $38.01 9963303141-119 05/04/2024 408-891-9008 / Park Ranger Corridor $46.99 9963303141-120 05/04/2024 408-891-9503 / Rachelle Sander $46.99 9963303141-121 05/04/2024 408-892-1486 / Dan Vasquez $46.99 9963303141-122 05/04/2024 408-908-0519 / Karan Malhi $46.99 Tuesday, May 28, 2024Pages: 10 of 23user: Vi Tran 104 CC 06-04-2024 104 of 530 Payment Register City of Cupertino From Payment Date: 5/18/2024 - To Payment Date: 5/24/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 9963303141-123 05/04/2024 408-964-8211 / Michael Chandler $46.99 9963303141-124 05/04/2024 415-425-6339 / Kirsten Squarcia $46.99 9963303141-125 05/04/2024 650-208-1055 / Clinton Robustelli $38.01 9963303141-126 05/04/2024 650-208-1181 / IT $38.01 9963303141-127 05/04/2024 650-208-1786 / Liang Chao $46.99 9963303141-128 05/04/2024 650-208-5861 / Kitty Moore $46.99 9963303141-129 05/04/2024 650-208-7398 / Hung Wei $46.99 9963303141-130 05/04/2024 650-279-3196 / Tommy Yu $46.99 9963303141-131 05/04/2024 650-339-0460 / Nathan Vasquez $38.01 9963303141-132 05/04/2024 650-339-0524 / Michael Chandler $38.01 9963303141-133 05/04/2024 650-339-0694 / Robert Griffiths $38.01 9963303141-134 05/04/2024 650-339-0786 / Michael Miranda $38.01 9963303141-135 05/04/2024 650-480-0930 / Alex Greer $46.99 9963303141-136 05/04/2024 650-586-1698 / Rodney Weathers $38.01 9963303141-137 05/04/2024 650-613-3203 / James Lee $5.09 9963303141-138 05/04/2024 669-251-1804 / Daniel Degu $41.99 9963303141-139 05/04/2024 669-252-3454 / Tina Kapoor $46.99 9963303141-140 05/04/2024 669-255-6066 / Jr Fruen $46.99 9963303141-141 05/04/2024 669-255-6437 / Sheila Mohan $46.99 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,846.64 230 - Env Mgmt Cln Crk Strm Drain 230 100-100 (Cash & Investments Assets Operating Cash) $90.79 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $342.09 520 - Resource Recovery 520 100-100 (Cash & Investments Assets Operating Cash) $178.98 560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash) $38.01 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $105.40 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $517.38 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $76.02 734585 05/24/2024 Open Accounts Payable Vi Tran $290.13 Invoice Date Description Amount Tran051324 05/13/2024 Dept Team Building lunch at 19784 Wintergreen Drive_05.13.2024 $290.13 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $290.13 734586 05/24/2024 Open Accounts Payable Chang, Cheerlen $3,000.00 Invoice Date Description Amount 275317 05/20/2024 21723 McClellan Rd, Encroachment, 275317 $3,000.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $3,000.00 Tuesday, May 28, 2024Pages: 11 of 23user: Vi Tran 105 CC 06-04-2024 105 of 530 Payment Register City of Cupertino From Payment Date: 5/18/2024 - To Payment Date: 5/24/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 734587 05/24/2024 Open Accounts Payable Jeon, Eunjung $50.00 Invoice Date Description Amount 2005007.012 05/09/2024 Sports Center 05/09/24 Acct. credit refund $50.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $50.00 734588 05/24/2024 Open Accounts Payable NUR HVAC INC.$393.10 Invoice Date Description Amount 341415 05/17/2024 REFUND 21856 HERMOSA AVE BLD-2024-0977 WITHDRAWN $393.10 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $393.10 734589 05/24/2024 Open Accounts Payable Paramaswamy Meenakshi $30.00 Invoice Date Description Amount 2008899.030 04/12/2024 QCC class session 24098 cancelled $30.00 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $30.00 734590 05/24/2024 Open Accounts Payable Paramaswamy Meenakshi $80.00 Invoice Date Description Amount 2009057.030 05/15/2024 QCC class sessions 24101, 25106 cancelled $80.00 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $80.00 734591 05/24/2024 Open Accounts Payable Ginger Chin-Hsiu Tsun $466.00 Invoice Date Description Amount 05202024 05/20/2024 Dancercise (3/8-5/3) March-April Session $466.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $466.00 734592 05/24/2024 Open Accounts Payable Carnegie Mellon University $500.00 Invoice Date Description Amount 2006407.030 08/19/2022 QCC- 8/14/22 - Cupertino Room Security Deposit Refund $500.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $500.00 Type Check Totals:31 Transactions $261,095.41 EFT 39725 05/21/2024 Open Accounts Payable California Public Employees' Retirement System $2,250.00 Invoice Date Description Amount 1002645463 05/20/2024 FY23-24 GASB 68 Reporting Services Fee, ID 5045997158 $2,250.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,250.00 Tuesday, May 28, 2024Pages: 12 of 23user: Vi Tran 106 CC 06-04-2024 106 of 530 Payment Register City of Cupertino From Payment Date: 5/18/2024 - To Payment Date: 5/24/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 39726 05/24/2024 Open Accounts Payable Colonial Life & Accident Insurance $29.16 Invoice Date Description Amount 05172024 05/17/2024 Colonial Products pp 5/4/24-5/17/24 $29.16 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $29.16 39727 05/24/2024 Open Accounts Payable Employment Development $10,192.09 Invoice Date Description Amount 05172024 05/17/2024 State Disability Insurance pp 5/4/24-5/17/24 $10,192.09 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $10,192.09 39728 05/24/2024 Open Accounts Payable National Deferred (ROTH)$2,775.48 Invoice Date Description Amount 05172024 05/17/2024 Nationwide Roth pp 5/4/24-5/17/24 $2,775.48 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,775.48 39729 05/24/2024 Open Accounts Payable National Deferred Compensation $22,216.25 Invoice Date Description Amount 05172024 05/17/2024 Nationwide Deferred Compensation pp 5/4/24-5/17/24 $22,216.25 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $22,216.25 39730 05/24/2024 Open Accounts Payable PERS-457K $15,437.52 Invoice Date Description Amount 05172024 05/17/2024 PERS 457K pp 5/4/24-5/17/24 $15,437.52 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $15,437.52 39731 05/24/2024 Open Accounts Payable State Disbursement Unit $603.49 Invoice Date Description Amount 05172024 05/17/2024 Child Support pp 5/4/24-5/17/24 $603.49 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $603.49 39732 05/24/2024 Open Accounts Payable 4LEAF, Inc.$5,798.40 Invoice Date Description Amount J1181-24C 05/13/2024 Building Inspector Services - 2024/04 $5,798.40 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $5,798.40 39733 05/24/2024 Open Accounts Payable Active Network, LLC $290.20 Invoice Date Description Amount 1000150870 10/23/2023 4x ACTIVENet credit card payment devices VeriFone Charging Base $290.20 Paying Fund Cash Account Amount Tuesday, May 28, 2024Pages: 13 of 23user: Vi Tran 107 CC 06-04-2024 107 of 530 Payment Register City of Cupertino From Payment Date: 5/18/2024 - To Payment Date: 5/24/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $290.20 39734 05/24/2024 Open Accounts Payable All City Management Services, Inc. $16,971.21 Invoice Date Description Amount 93525 05/15/2024 School Crossing Guard Service through 04282024- 05112024 $16,971.21 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $16,971.21 39735 05/24/2024 Open Accounts Payable Alvernaz Construction $16,300.00 Invoice Date Description Amount 2024-16 05/13/2024 Facilities- QCC Historical Society Office $16,300.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $16,300.00 39736 05/24/2024 Open Accounts Payable Amazon Capital Services $2,610.22 Invoice Date Description Amount 1J4P-76H7-FQJY 05/01/2024 I&T Department orders 4/1/24 to 4/30/24 $3,118.15 19YR-NPK3-KMXL 05/01/2024 Apply credit memo related to invoice # 1J4P-76H7- FQJY ($654.70) 1FJC-7VKT-FDR1 05/01/2024 Amazon Purchases Apr 2024 - PR4 Events, Facilities, Youth, Teen $664.88 1FHX-NM4N-JNPF 04/24/2024 Apply credit memo related to invoice 1JPG-Q761-1FD1 ($368.84) 1XQX-QHWH-KVQD 05/01/2024 Apply credit memo related to invoice 1FJC-7VKT- FDR1 ($149.27) Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,272.53 560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash) $127.62 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $210.07 39737 05/24/2024 Open Accounts Payable Amazon Web Services, Inc.$9,262.31 Invoice Date Description Amount 1680044177 05/02/2024 AWS - GIS April 1 - April 30, 2024 $2,118.27 1690363573 05/03/2024 AWS - Applications April 1 - April 30 , 2024 $1,467.04 1704253161 05/14/2024 Amazon Elastic Compute Cloud 1 yr 5/14/24 - 5/13/25 $5,677.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,467.04 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $7,795.27 39738 05/24/2024 Open Accounts Payable American Legal Publishing $1,687.95 Invoice Date Description Amount 33648 04/30/2024 57x 2024 S-94 Supplement Pages $1,687.95 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $1,687.95 Tuesday, May 28, 2024Pages: 14 of 23user: Vi Tran 108 CC 06-04-2024 108 of 530 Payment Register City of Cupertino From Payment Date: 5/18/2024 - To Payment Date: 5/24/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 39739 05/24/2024 Open Accounts Payable Avocette Technologies Inc.$8,645.00 Invoice Date Description Amount 2404CU1 04/30/2024 FY24 Accela Support for Configuration and Support April 2024 $30.00 2404CU2 04/30/2024 FY24 Accela Support for Configuration and Support April 2024 $8,615.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $8,645.00 39740 05/24/2024 Open Accounts Payable Avolve Software Corp $1,462.50 Invoice Date Description Amount 8613 05/09/2024 Professional Services: Data Migration May 2024 $1,462.50 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,462.50 39741 05/24/2024 Open Accounts Payable Beam Global $175,961.61 Invoice Date Description Amount INV1200 04/17/2024 Service Center - 2 EV ARC $175,961.61 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $175,961.61 39742 05/24/2024 Open Accounts Payable BOSCO OIL INC DBA VALLEY OIL $14,668.09 Invoice Date Description Amount 193718 05/09/2024 Fleet- Diesel Fuel, Gasoline, Storage Fees, Environmental Fees $14,668.09 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $14,668.09 39743 05/24/2024 Open Accounts Payable City Data Services, LLC $1,425.00 Invoice Date Description Amount B7E8AEF6-0003 04/01/2024 CDS Monthly Maintenance 2024 Apr-Jun $1,425.00 Paying Fund Cash Account Amount 265 - BMR Housing 265 100-100 (Cash & Investments Assets Operating Cash) $1,425.00 39744 05/24/2024 Open Accounts Payable Comcast Business Communications, LLC. $967.39 Invoice Date Description Amount 199942674 05/01/2024 Business Class Internet - Mary, Stevens ck, April 2024 $967.39 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $967.39 39745 05/24/2024 Open Accounts Payable CoreLogic Solutions, LLC.$100.00 Invoice Date Description Amount 30712363 03/31/2024 FY24 RealQuest Monthly subscription - 01-MAR-2024 to 31-MAR-2024 $100.00 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $100.00 Tuesday, May 28, 2024Pages: 15 of 23user: Vi Tran 109 CC 06-04-2024 109 of 530 Payment Register City of Cupertino From Payment Date: 5/18/2024 - To Payment Date: 5/24/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 39746 05/24/2024 Open Accounts Payable Cupertino Chamber of Commerce $2,300.00 Invoice Date Description Amount 05072024 05/07/2024 City Chamber Agreement_ April 2024 $2,300.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,300.00 39747 05/24/2024 Open Accounts Payable Dell Marketing L.P.$1,518.33 Invoice Date Description Amount 10746388182 05/02/2024 5x Adobe Acrobat Pro & 2x Creative Cloud Licenses #MHEC-04152022 $1,518.33 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $1,518.33 39748 05/24/2024 Open Accounts Payable EDGES ELECTRICAL GROUP $327.88 Invoice Date Description Amount S6149120.001 05/09/2024 Street- PVC Conduits, PVC Cement Quart, PVC Cond- Ell $126.45 S6149124.001 05/09/2024 Street- 240ft Fish Tape $201.43 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $327.88 39749 05/24/2024 Open Accounts Payable Eflex Group, Inc $4,488.97 Invoice Date Description Amount 05172024 05/17/2024 FSA pp 5/4/24-5/17/24 $4,488.97 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,488.97 39750 05/24/2024 Open Accounts Payable GARDENLAND POWER EQUIPMENT $251.40 Invoice Date Description Amount 1096371 05/10/2024 Trees/ROW- Zubat Hand Saw, Stihl Gal Bar & Chain Oil $251.40 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $251.40 39751 05/24/2024 Open Accounts Payable Geotab USA, Inc $2,815.25 Invoice Date Description Amount IN380652 04/30/2024 FY24 Geotab for Telematics April 2024 $2,815.25 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $2,815.25 39752 05/24/2024 Open Accounts Payable GRAINGER INC $2,585.77 Invoice Date Description Amount 9111023892 05/07/2024 Facilities- Chrome Bathroom Spout $562.71 9108414609 05/03/2024 Street- Asphalt Lute, Wall Mount Fan $228.89 9111898285 05/08/2024 Street- Hardhats, Helmet Earmuffs, Harness $1,053.58 9115375603 05/10/2024 Street- Half-Face Spectacle $96.00 9111898277 05/08/2024 Street- Alkaline Batteries $48.38 Tuesday, May 28, 2024Pages: 16 of 23user: Vi Tran 110 CC 06-04-2024 110 of 530 Payment Register City of Cupertino From Payment Date: 5/18/2024 - To Payment Date: 5/24/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 9111898269 05/08/2024 Street- 9V Battery 12 Pack $20.27 9116547788 05/13/2024 Street- Headlamp $208.70 9120284832 05/15/2024 Fleet- Socket Bit, Mobil Grease, Grease & Cartridge $367.24 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,038.78 230 - Env Mgmt Cln Crk Strm Drain 230 100-100 (Cash & Investments Assets Operating Cash) $333.87 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $845.88 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $367.24 39753 05/24/2024 Open Accounts Payable Health and Human Resource Center, Inc. $273.02 Invoice Date Description Amount E0316177 04/02/2024 May 2024 EAP Benefit 187 Enrollees * 1.46 $273.02 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $273.02 39754 05/24/2024 Open Accounts Payable Health Care Employees $28,232.10 Invoice Date Description Amount 348863-348864 04/29/2024 May 2024 Dental Benefit 247 Enrollles * 114.30 $28,232.10 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $28,232.10 39755 05/24/2024 Open Accounts Payable HERITAGE LANDSCAPE SUPPLY GROUP $1,595.25 Invoice Date Description Amount 0015358221-002 05/06/2024 Trees/ROW- Flow Blanket $765.99 0015358221-001 05/02/2024 Trees/ROW- Flow Blanket, Drip Tubes $829.26 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,595.25 39756 05/24/2024 Open Accounts Payable IFPTE LOCAL 21 $1,953.09 Invoice Date Description Amount 05172024 05/17/2024 Association Dues - CEA pp 5/4/24-5/17/24 $1,953.09 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,953.09 39757 05/24/2024 Open Accounts Payable IMPEC GROUP INC,.$1,754.60 Invoice Date Description Amount 2404304 04/30/2024 Facilities- Supplies for Park Restrooms $1,754.60 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,754.60 39758 05/24/2024 Open Accounts Payable Independent Code Consultants, Inc.$11,282.86 Invoice Date Description Amount 1944 05/01/2024 Building Permit Tech Services - 2024/04 $3,120.00 1942 05/01/2024 Building Plan Review Services - 2024/04 $7,787.86 Tuesday, May 28, 2024Pages: 17 of 23user: Vi Tran 111 CC 06-04-2024 111 of 530 Payment Register City of Cupertino From Payment Date: 5/18/2024 - To Payment Date: 5/24/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 1943 05/01/2024 Building Plan Review Services - Westport 2024/04 $375.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $11,282.86 39759 05/24/2024 Open Accounts Payable Interstate Traffic Control Products, Inc. $7,415.62 Invoice Date Description Amount 263089 05/15/2024 Street- Preform Thermo 12"x30' Roll, Preform Thermo 8' CCS 5 $1,400.00 263087 05/15/2024 Street- Traffic Cone, 7lb Stencil $3,007.81 263088 05/15/2024 Street- Traffic Cone, 7lb Stencil $3,007.81 Paying Fund Cash Account Amount 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $7,415.62 39760 05/24/2024 Open Accounts Payable JAM Services, Inc $19,506.09 Invoice Date Description Amount 172723-2 10/05/2023 Traffic Signal Poles McClellan Phase 3 $19,506.09 Paying Fund Cash Account Amount 420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash) $19,506.09 39761 05/24/2024 Open Accounts Payable KIMBALL-MIDWEST $1,398.49 Invoice Date Description Amount 102202217 05/08/2024 Street- Red Inverted Marking $1,398.49 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,398.49 39762 05/24/2024 Open Accounts Payable KIMBERLY LUNT $39.50 Invoice Date Description Amount KimL05122024 05/12/2024 Cell Phone Reimbursement through 04132024- 05122024 $39.50 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $39.50 39763 05/24/2024 Open Accounts Payable Klarity Consulting, LLC $840.00 Invoice Date Description Amount 2024-001 05/10/2024 Executive Coaching Services – April to May 2024 $840.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $840.00 39764 05/24/2024 Open Accounts Payable KMVT Community Television $1,710.00 Invoice Date Description Amount 7986 04/30/2024 Video Prod support Apr. 2024 - 4/3 & 4/16 CC & 4/10 SVCEA mtgs $1,710.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,710.00 Tuesday, May 28, 2024Pages: 18 of 23user: Vi Tran 112 CC 06-04-2024 112 of 530 Payment Register City of Cupertino From Payment Date: 5/18/2024 - To Payment Date: 5/24/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 39765 05/24/2024 Open Accounts Payable Knorr Systems International $2,088.81 Invoice Date Description Amount 235298 05/13/2024 Facilities- Blackberry Farms; BECSys7 Sensor Replacement $1,250.51 235299 05/13/2024 Facilities- Blackberry Farms; BECSys7 Sensor Replacement $838.30 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,088.81 39766 05/24/2024 Open Accounts Payable Liang Chao $931.30 Invoice Date Description Amount LChao052124 05/21/2024 LChaoTravelReimbursementNLC031024-031724 $931.30 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $931.30 39767 05/24/2024 Open Accounts Payable Life Insurance Company of North America $8,005.65 Invoice Date Description Amount 15487 _050124 05/21/2024 May 2024 New York Life $8,005.65 Paying Fund Cash Account Amount 641 - Compensated Absence/LTD 641 100-100 (Cash & Investments Assets Operating Cash) $8,005.65 39768 05/24/2024 Open Accounts Payable Logik Systems, Inc $1,734.92 Invoice Date Description Amount INV157579 01/31/2024 Storage Capacity: 75 GB; Storage Monthly Active Storage Overage $1,734.92 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,734.92 39769 05/24/2024 Open Accounts Payable MissionSquare $15,692.60 Invoice Date Description Amount 05172024 05/17/2024 ICMA pp 5/4/24-5/17/24 $15,692.60 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $15,692.60 39770 05/24/2024 Open Accounts Payable Moss Adams LLP $40,225.00 Invoice Date Description Amount 102564429 03/18/2024 Professional Services FEB24 $34,087.50 102599554 05/17/2024 Professional Services APR24 $6,137.50 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $40,225.00 39771 05/24/2024 Open Accounts Payable Native Digital, LLC $6,678.75 Invoice Date Description Amount 163232 05/07/2024 Discovery Report & Narrative Messaging $6,678.75 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $6,678.75 Tuesday, May 28, 2024Pages: 19 of 23user: Vi Tran 113 CC 06-04-2024 113 of 530 Payment Register City of Cupertino From Payment Date: 5/18/2024 - To Payment Date: 5/24/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 39772 05/24/2024 Open Accounts Payable Nexinite, LLC $4,322.50 Invoice Date Description Amount INV-002503 04/05/2024 NexInite for Form Digitization support March 2024 $615.00 INV-002549 05/03/2024 FY24 Support for CIP Management Hub April 1, 2024 $3,707.50 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $615.00 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $3,707.50 39773 05/24/2024 Open Accounts Payable ODP Business Solutions, LLC.$709.75 Invoice Date Description Amount 360725372001 04/05/2024 Service Center- Office Supplies for Cabinet $77.49 364889386001 04/26/2024 Service Center- Office Supplies for Cabinet $51.51 364878308001 04/26/2024 Service Center- Office Supplies for Cabinet $102.22 360249077001 04/24/2024 Cardstock Paper for Snr. Ctr. Socials $33.45 359391322001 04/08/2024 Senior Center Paper Supply $104.74 363313597001 04/19/2024 Senior Center and Social's Paper Supply $72.56 360288231001 05/07/2024 White Index Cardstock Paper Refund ($20.19) 364147203001 04/18/2024 QCC Office Supplies $287.97 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $709.75 39774 05/24/2024 Open Accounts Payable PARS/City of Cupertino $3,760.07 Invoice Date Description Amount 05172024 05/17/2024 PARS pp 5/4/24-5/17/24 $3,760.07 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $3,760.07 39775 05/24/2024 Open Accounts Payable Parts Authority, LLC $146.13 Invoice Date Description Amount 830652 05/15/2024 Fleet- Wiper Blade $146.13 Paying Fund Cash Account Amount 630 - Vehicle/Equip Replacement 630 100-100 (Cash & Investments Assets Operating Cash) $146.13 39776 05/24/2024 Open Accounts Payable PayPal Inc.$45.55 Invoice Date Description Amount PPGW145408448 04/30/2024 VSV0001160385 cupertinoweb2 01-Apr-24 to 30-Apr- 24 $45.55 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $45.55 39777 05/24/2024 Open Accounts Payable Phoenix MSA Holdings, LLC $1,627.61 Invoice Date Description Amount B1-2417305 05/01/2024 FY24 Colocation Services for June 2024 $1,627.61 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $1,627.61 Tuesday, May 28, 2024Pages: 20 of 23user: Vi Tran 114 CC 06-04-2024 114 of 530 Payment Register City of Cupertino From Payment Date: 5/18/2024 - To Payment Date: 5/24/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 39778 05/24/2024 Open Accounts Payable Quartic Solutions $4,225.00 Invoice Date Description Amount 3944 05/14/2024 FY24 Quartic for GIS Support April 2024 $4,225.00 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $4,225.00 39779 05/24/2024 Open Accounts Payable Raftelis $2,230.00 Invoice Date Description Amount 33678 05/14/2024 Professional Consulting Services, April 2024 $2,230.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,230.00 39780 05/24/2024 Open Accounts Payable Redgwick Construction Company $355,616.34 Invoice Date Description Amount 3, 4625 04/30/2024 DeAnza Blvd & McClellan Mods $355,616.34 Paying Fund Cash Account Amount 270 - Transportation Fund 270 100-100 (Cash & Investments Assets Operating Cash) $355,616.34 39781 05/24/2024 Open Accounts Payable Richard Yau $8,250.00 Invoice Date Description Amount 2404 05/21/2024 Master Agreement 2022-002 Various Projects $8,250.00 Paying Fund Cash Account Amount 420 - Capital Improvement Fund 420 100-100 (Cash & Investments Assets Operating Cash) $8,250.00 39782 05/24/2024 Open Accounts Payable RTS Systems & Design $3,375.00 Invoice Date Description Amount 00036641 05/13/2024 Facilities- Senior Center Fire Alarms $1,865.00 00036642 05/13/2024 Sports Center Fire Alarms $1,510.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,865.00 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $1,510.00 39783 05/24/2024 Open Accounts Payable Sedgwick Claims Management Services, Inc. $2,343.33 Invoice Date Description Amount 400000186937 05/01/2024 Worker's Compensation Claims 05/01/2024 - 05/31/2024 $2,343.33 Paying Fund Cash Account Amount 620 - Workers' Compensation 620 100-100 (Cash & Investments Assets Operating Cash) $2,343.33 39784 05/24/2024 Open Accounts Payable TERI GERHARDT $35.43 Invoice Date Description Amount TeriG041724 04/17/2024 Teri Cell reimbursement Mar 18 - Apr 17, 2024 $35.43 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $35.43 Tuesday, May 28, 2024Pages: 21 of 23user: Vi Tran 115 CC 06-04-2024 115 of 530 Payment Register City of Cupertino From Payment Date: 5/18/2024 - To Payment Date: 5/24/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 39785 05/24/2024 Open Accounts Payable THE HARTFORD $11,235.59 Invoice Date Description Amount 656345087564 05/21/2024 May 2024 Life and AD&D Benefit $10,903.20 756345093651 05/21/2024 May 2024 Current Premium Not to Include 40.80 Adj $332.39 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $11,235.59 39786 05/24/2024 Open Accounts Payable TPx Communications $1,980.33 Invoice Date Description Amount 178984352-0 04/30/2024 Telephone Service for new VoIP System April 2024 $1,980.33 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $1,980.33 39787 05/24/2024 Open Accounts Payable Tyler Technologies, Inc.$110,711.32 Invoice Date Description Amount 045-419118 06/01/2023 Tyler Systems Maintenance July 1, 2023 - June 30, 2024 $110,711.32 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $110,711.32 39788 05/24/2024 Open Accounts Payable United Site Services $380.90 Invoice Date Description Amount 114-13851581 05/08/2024 portable toilet at compost site May-June 2024 $380.90 Paying Fund Cash Account Amount 520 - Resource Recovery 520 100-100 (Cash & Investments Assets Operating Cash) $380.90 39789 05/24/2024 Open Accounts Payable Urban Futures, Inc.$20,000.00 Invoice Date Description Amount UFI043024 04/30/2024 2024 Financial Consulting and Municipal Advisory Services $20,000.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $20,000.00 39790 05/24/2024 Open Accounts Payable Vision Service Plan $4,105.98 Invoice Date Description Amount 820320968 04/19/2024 May 2024 Vision Benefit 139 Enrollees * 16.34 $2,271.26 820320964 04/19/2024 May 2024 Vision Benefit 48 Enrollees * 19.16 $919.68 820332014 04/21/2024 May 2024 Vision Benefit Only Pay Current Charges $915.04 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $4,105.98 39791 05/24/2024 Open Accounts Payable Zayo Group, LLC $3,229.52 Invoice Date Description Amount 2024050030583 05/01/2024 FY24 Disaster Recovery Telecom services - May 2024 $3,229.52 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $3,229.52 Tuesday, May 28, 2024Pages: 22 of 23user: Vi Tran 116 CC 06-04-2024 116 of 530 Payment Register City of Cupertino From Payment Date: 5/18/2024 - To Payment Date: 5/24/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Type EFT Totals:67 Transactions $1,013,629.47 Main Account - Main Checking Account Totals Checks Status Count Transaction Amount Reconciled Amount Open 31 $261,095.41 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 31 $261,095.41 $0.00 EFTs Status Count Transaction Amount Reconciled Amount Open 67 $1,013,629.47 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Total 67 $1,013,629.47 $0.00 All Status Count Transaction Amount Reconciled Amount Open 98 $1,274,724.88 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 98 $1,274,724.88 $0.00 Grand Totals: Checks Status Count Transaction Amount Reconciled Amount Open 31 $261,095.41 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 31 $261,095.41 $0.00 EFTs Status Count Transaction Amount Reconciled Amount Open 67 $1,013,629.47 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Total 67 $1,013,629.47 $0.00 All Status Count Transaction Amount Reconciled Amount Open 98 $1,274,724.88 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 98 $1,274,724.88 $0.00 Tuesday, May 28, 2024Pages: 23 of 23user: Vi Tran 117 CC 06-04-2024 117 of 530 RESOLUTION NO. 24-XXX A RESOLUTION OF THE CUPERTINO CITY COUNCIL RATIFYING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING MAY 31, 2024 WHEREAS, the Director of Administrative Services or their designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby ratify the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of June, 2024 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Sheila Mohan, Mayor City of Cupertino ________________________ Date ATTEST: ________ Kirsten Squarcia, City Clerk ________________________ Date 118 CC 06-04-2024 118 of 530 Resolution No. 24-XXX Page 2 CERTIFICATION The Finance Manager hereby certifies to the accuracy of said records and to the availability of funds for payment. CERTIFIED: Jonathan Orozco, Finance Manager 119 CC 06-04-2024 119 of 530 Payment Register City of Cupertino From Payment Date: 5/25/2024 - To Payment Date: 5/31/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Main Account - Main Checking Account Check 734593 05/31/2024 Open Accounts Payable Advantage Grafix $106.94 Invoice Date Description Amount 48592 05/21/2024 x250 Full color business cards for Teri Gerhardt, CTO $106.94 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $106.94 734594 05/31/2024 Open Accounts Payable AT & T $115.67 Invoice Date Description Amount 5558-042824 04/28/2024 960 731-7142 555 8 $115.67 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $115.67 734595 05/31/2024 Open Accounts Payable AT&T $2,238.78 Invoice Date Description Amount 000021681525 05/12/2024 9391069197 911 Telephone Lines 04/12/2024 - 05/11/2024 $193.05 000021675528 05/10/2024 9391051384 4/10/24-5/9/24 $1,604.64 000021680520 05/12/2024 9391023221 (408-253-9200) 4/12/24-5/11/24 $61.40 000021680522 05/12/2024 9391023223 4/12/24-5/11/24 $85.18 000021680616 05/12/2024 9391023218 (238-371-7141) 4/12/24-5/11/24 $64.10 000021680617 05/12/2024 9391023217 (237-361-8095) 4/12/24-5/11/24 $81.36 000021680618 05/12/2024 9391023216 (233-281-5494) 4/12/24-5/11/24 $65.68 000021680619 05/12/2024 9391023215 (233-281-4421) 4/12/24-5/11/24 $83.37 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,923.10 560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash) $61.40 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $61.23 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $193.05 734596 05/31/2024 Open Accounts Payable County of Santa Clara $50.00 Invoice Date Description Amount EXC-2023-010 05/23/2024 Exempt Filing $50.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $50.00 734597 05/31/2024 Open Accounts Payable County of Santa Clara -Office of the Sheriff $80.00 Invoice Date Description Amount 1800089390 03/29/2024 LIVE SCAN SVCS - FEB24 $80.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $80.00 Friday, May 31, 2024Pages: 1 of 17user: Vi Tran 120 CC 06-04-2024 120 of 530 Payment Register City of Cupertino From Payment Date: 5/25/2024 - To Payment Date: 5/31/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 734598 05/31/2024 Open Accounts Payable County of Santa Clara -Office of the Sheriff $20.00 Invoice Date Description Amount 1800089495 04/23/2024 LIVE SCAN SVCS - MAR24 $20.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $20.00 734599 05/31/2024 Open Accounts Payable DEPARTMENT OF JUSTICE $160.00 Invoice Date Description Amount 731876 05/03/2024 Fingerprint Apps APR24 $160.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $160.00 734600 05/31/2024 Open Accounts Payable HUICHEN LIN $702.00 Invoice Date Description Amount 052324HL 05/23/2024 May fitness classes $702.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $702.00 734601 05/31/2024 Open Accounts Payable Li-Fen Lin $200.00 Invoice Date Description Amount 052324LFL 05/23/2024 May fitness classes $200.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $200.00 734602 05/31/2024 Open Accounts Payable Occupational Health Centers of California, A Medi $259.00 Invoice Date Description Amount 83195601 05/22/2024 TB Test X-Ray -Wong, Reyes, Zhao, Fan ,Ramanatham, Sabari, Feska $259.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $259.00 734603 05/31/2024 Open Accounts Payable PG&E $318.04 Invoice Date Description Amount 0349-052424 05/24/2024 3042033034-9 4/19/24-5/19/24 $318.04 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $318.04 734604 05/31/2024 Open Accounts Payable PG&E $97.63 Invoice Date Description Amount 5875-052124 05/21/2024 2012160587-5 4/20/24-5/20/24 $97.63 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $97.63 734605 05/31/2024 Open Accounts Payable PG&E $259.34 Invoice Date Description Amount 7100-051524 05/15/2024 7166121710-0 5/23/23-6/21/23 $259.34 Friday, May 31, 2024Pages: 2 of 17user: Vi Tran 121 CC 06-04-2024 121 of 530 Payment Register City of Cupertino From Payment Date: 5/25/2024 - To Payment Date: 5/31/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $259.34 734606 05/31/2024 Open Accounts Payable PG&E $30,114.40 Invoice Date Description Amount 1715-052124 05/21/2024 4993063171-5 4/17/24-5/15/24 $30,114.40 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $30,114.40 734607 05/31/2024 Open Accounts Payable PG&E $72,226.86 Invoice Date Description Amount 0092-050124-0 05/01/2024 116367401 -Miller W/S N of Greenwood $22.11 0092-050124-1 05/01/2024 116367359 -Homestead and Heron, traffic control svc $88.50 0092-050124-2 05/01/2024 116367150 -Homestead and Wolfe Road, Sunnyvale $146.56 0092-050124-3 05/01/2024 116367155 -Homestead and Blaney, Cupertino Traffic Signal, Sunny $91.21 0092-050124-4 05/01/2024 116367275 -Homestead and Tantau, Cupertino Traffic Signal, Sunny $139.86 0092-050124-5 05/01/2024 116367013 -112017763 -11370 S Stelling Rd, Irrigation Control $10.09 0092-050124-6 05/01/2024 116644889 19500 Pruneridge ave pole TP16660 $10.09 0092-050124-7 05/01/2024 118007511 -21834 Corte Madera Ln $6.11 0092-050124-8 05/01/2024 1110161867 - Wolfe Rd @ Apple Campus Driveway $100.02 0092-050124-9 05/01/2024 116367793 -101 Skyport Dr, DG A, San Jose, PGandE-Owned St/Highw $837.34 0092-050124-10 05/01/2024 110958527 115145264 -Randy Lane & Larry Way- Streetlights $69.04 0092-050124-11 05/01/2024 111736580 SF Cupertino 075 $6.05 0092-050124-12 05/01/2024 116367357 -N De Anza 188 FT N/Valley Green Dr, Irrig Controller $20.91 0092-050124-13 05/01/2024 116367907 -S/W Corner Stelling and Green leaf, Traffic Signal $120.83 0092-050124-14 05/01/2024 116367113 -Miller E/S 100N off Calle De Barcelona $111.27 0092-050124-15 05/01/2024 116367836 -De Anza Blvd E/S S/O Lazaneo, Sprinkler Control $10.51 0092-050124-16 05/01/2024 116367677 -De Anza and Lazaneo, Sprinkler System $10.66 0092-050124-17 05/01/2024 116367025 -De Anza and Lazaneo, Traffic Signal $108.48 0092-050124-18 05/01/2024 110659172 -N De Anza 455FT S/O Mariani Dr, Irrig Control $15.73 0092-050124-19 05/01/2024 116367035 -De Anza Blvd and Mariani, Traffic Signal/Safety Lts $150.52 0092-050124-20 05/01/2024 116367045 -De Anza Blvd and Hwy 280 S/Ramp, Traffic Signal $144.50 0092-050124-21 05/01/2024 116367050 -NW Corner Stevens Crk, Traffic Signals $119.69 0092-050124-22 05/01/2024 116367055 -Saich Wy and Stevens Crk NE Corner, Traffic Signal $103.02 0092-050124-23 05/01/2024 116367060 -E37R0 Stevens Creek and De Anza Blvd, Traffic Signal $159.79 0092-050124-24 05/01/2024 116367065 -Stevens Creek Blvd E/Saich Wy, Sprinkler Control $11.37 Friday, May 31, 2024Pages: 3 of 17user: Vi Tran 122 CC 06-04-2024 122 of 530 Payment Register City of Cupertino From Payment Date: 5/25/2024 - To Payment Date: 5/31/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 0092-050124-25 05/01/2024 116367070 -Stevens Creek and Blaney Ave., Traffic Signal $134.52 0092-050124-26 05/01/2024 116367075 -Vallco Pkwy and Perimeter Rd., Traffic Signals $93.88 0092-050124-27 05/01/2024 116367090 -Wolfe and Vallco Pkwy, Traffic Signals $138.04 0092-050124-28 05/01/2024 116367100 -E37H3 Wolfe and 280 SB Loc B, Traffic Signal $138.52 0092-050124-29 05/01/2024 116367105 -Stevens Crk and Wolfe Rd, Traffic Signals $191.47 0092-050124-30 05/01/2024 116367110 -SW Cor Stevens Crk and Portal, Traffic Signal $123.88 0092-050124-31 05/01/2024 116367115 -Stevens Crk and Perimeter Rd, Traffic Control Signal $124.54 0092-050124-32 05/01/2024 116367120 -Vallco Prky/Tantau Ave, Traffic Signal $134.27 0092-050124-33 05/01/2024 116367125 -Stevens Crk and Tantau, Traffic Signals $135.80 0092-050124-34 05/01/2024 116367130 -NW Corner Steven Crk and Torre, Traffic Signal $127.36 0092-050124-35 05/01/2024 116367782 -N/S Stevens Creek Blvd in front of 20301, Irrigation $10.51 0092-050124-36 05/01/2024 116367001 -E37H4 Wolfe and Rte 280 NB Loc A $82.88 0092-050124-37 05/01/2024 116367165 -S/E Wolfe-Pruneridge, Sprinkler Control and Traffic S $152.63 0092-050124-38 05/01/2024 116367170 -Tantau Ave and Tandem D/W, Traffic Signal $132.59 0092-050124-39 05/01/2024 116367175 -S/E Corner Pruneridge and Tantau, Traffic Controller $114.79 0092-050124-40 05/01/2024 116367180 -Finch and Stevens Creek, Traffic Signals $147.76 0092-050124-41 05/01/2024 116367185 -Wolfe Rd 500 Ft S/O Homestead, City/Sign Lighting $40.60 0092-050124-42 05/01/2024 116367195 -Corner Miller and Phil Ln, Traffic Signal $102.54 0092-050124-43 05/01/2024 116367200 -Homestead and De Anza Blvd, Traffic Signal/Dept Pub W $166.68 0092-050124-44 05/01/2024 116367205 -Homestead Rd and Franco Ct, Traffic Signals $106.17 0092-050124-45 05/01/2024 116367215 -N/Ramp De Anza Blvd, Traffic Signal $131.13 0092-050124-46 05/01/2024 116367220 -Homestead Rd and Bluejay Rd, Traffic Signals $108.82 0092-050124-47 05/01/2024 118426656 -WS Portal Btw Amhurst-Wheaton , Portal Prk Ltg, Prk L $416.96 0092-050124-48 05/01/2024 114321565 116367416 -22601 Voss Ave $1,046.67 0092-050124-49 05/01/2024 116367925 -22601 Voss Ave, Outdoor Lighting-MV Park $26.09 0092-050124-50 05/01/2024 116367245 -Stevens Creek Blvd and Janice Ave, Sprinkler Control $19.72 0092-050124-51 05/01/2024 116367269 -Cor/Lucille and Randy Ln, Sprinkler System (011095852 $13.01 0092-050124-52 05/01/2024 116367255 -Lucille and Villa De Anza, Sprinkler Control $403.55 0092-050124-53 05/01/2024 116367815 -19784 Wintergreen Dr $1,107.18 0092-050124-54 05/01/2024 116367280 -Stevens Creek Blvd and Fwy 85 East Ramp, Traffic Sign $128.96 0092-050124-55 05/01/2024 116367290 -Stevens Creek and Mary Ave, Traffic Signals $126.12 Friday, May 31, 2024Pages: 4 of 17user: Vi Tran 123 CC 06-04-2024 123 of 530 Payment Register City of Cupertino From Payment Date: 5/25/2024 - To Payment Date: 5/31/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 0092-050124-56 05/01/2024 116367408 -Stevens Creek Bl and Mary Avenue, Memorial Park Pump $85.93 0092-050124-57 05/01/2024 116367625 -Stevens Creek Blvd Orange S/W Cor, Irrigation Control $10.51 0092-050124-58 05/01/2024 116367902 -10246 Parkside Ln, Wilson Pk Sprinklers,Snack Shack,I $436.32 0092-050124-59 05/01/2024 116367628 -N/W corner Alpine Dr and Foothill Blvd, Irrigation Co $10.51 0092-050124-60 05/01/2024 116367476 -Salem Ave and Foothill Blvd, Irrigation Control $10.51 0092-050124-61 05/01/2024 116367527 -Foothill Blvd 200' N/O Stevens Creek W/S, Irrigation $10.51 0092-050124-62 05/01/2024 116367740 -Carmen Rd and Stevens Creek S/E corner, Irrigation Co $11.98 0092-050124-63 05/01/2024 116367343 112570652 -Foothill Blvd 150' N/O Alpine E/S, Irrigati $10.77 0092-050124-64 05/01/2024 116367370 -Stevens Creek Blvd and Fwy 85 West Ramp, Traffic Sign $15.77 0092-050124-65 05/01/2024 116367380 -NE Corner Peninsula and Stevens Creek, Traffic Signal $127.83 0092-050124-66 05/01/2024 116367385 -End/Stokes W/Wilson Crt, Sprinkler Control $13.02 0092-050124-67 05/01/2024 116367395 -N/E corner Foothill and Starling Dr, Traffic Signals $111.59 0092-050124-68 05/01/2024 116367067 -Stonydale Dr and Varian Park, walkway lighting and Ir $138.12 0092-050124-69 05/01/2024 116367071 -Linda Vista Dr / Hillside Park, Hillside Park $27.05 0092-050124-70 05/01/2024 116367648 -Linda Vista Park/Linda Vista Dr, Irrigation Control $223.72 0092-050124-71 05/01/2024 116367455 -E37R9 Rodriguez and De Anza Blvd, Traffic Signal $135.68 0092-050124-72 05/01/2024 116367656 -Scofield and De Anza, 100HP $14.03 0092-050124-73 05/01/2024 116367465 -De Anza Blvd and Scofield Dr, Sprinkler Controller $12.61 0092-050124-74 05/01/2024 116367475 -Foothill and Stevens Creek, Traffic Signal $114.23 0092-050124-75 05/01/2024 116367447 -Stelling Rd Median 500' S/O Peppertree Ln, Landscape $14.22 0092-050124-76 05/01/2024 116367236 -Stelling Rd Median 450' S/O Stevens Crk, Landscape Ir $13.67 0092-050124-77 05/01/2024 116367505 -Stevens Crk and Stelling, Signal $61.50 0092-050124-78 05/01/2024 116367510 -Bubb Rd and Results Wy, Traffic Signal $97.28 0092-050124-79 05/01/2024 116367515 -Bubb Rd and McClellan Intersection, Traffic Signal $166.56 0092-050124-80 05/01/2024 116367520 -Stelling Rd and Peppertree, Traffic Signal $97.63 0092-050124-81 05/01/2024 116367525 -Stelling and McClellan, Signals $143.54 0092-050124-82 05/01/2024 116367530 -Orange Ave and Stevens Creek N/E corner, Traffic Cont $81.43 0092-050124-83 05/01/2024 116367493 -Dumas Dr/Jollyman Park, Jollyman Park Restroom $397.24 0092-050124-84 05/01/2024 116367545 -Saratoga-Sunnyvale Rd, Traffic Signal $115.63 0092-050124-85 05/01/2024 116367550 -W/S Saratoga-Sunnyvale Rd @ RT85, Traffic Signal $102.98 Friday, May 31, 2024Pages: 5 of 17user: Vi Tran 124 CC 06-04-2024 124 of 530 Payment Register City of Cupertino From Payment Date: 5/25/2024 - To Payment Date: 5/31/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 0092-050124-86 05/01/2024 116367560 -S/E corner De Anza and Pacifica, Traffic Signal $131.14 0092-050124-87 05/01/2024 116367570 -De Anza Blvd, Sprinkler Controller *$12.61 0092-050124-88 05/01/2024 116367585 -Rainbow and Stelling, Traffic Signal $104.26 0092-050124-89 05/01/2024 116367559 -21011 Prospect Rd, Irrigation Control $10.51 0092-050124-90 05/01/2024 116367685 -Ruppell Pl and Moltzen Dr, Sprinkler Control $80.62 0092-050124-91 05/01/2024 115211833 -10300 Anisworth Dr, Ball Park Stevens Creek SV $10.51 0092-050124-92 05/01/2024 116367630 -22100 Stevens Creek Blvd, Golf Pro Shop $377.35 0092-050124-93 05/01/2024 110081495 -10710 Stokes Ave, Somerset Park $54.59 0092-050124-94 05/01/2024 116367044 -10555 Mary Ave NEM $9,837.15 0092-050124-95 05/01/2024 116367568 -10555 Mary Ave, Corp Yard $3,489.16 0092-050124-96 05/01/2024 116367474 -10500 Ann Arbor Ave, Field-Garden Gate $43.86 0092-050124-97 05/01/2024 114315284 116367325 -21975 San Fernando Ave, Picnic Area $2,971.37 0092-050124-98 05/01/2024 116367171 -10155 Barbara Ln, Irrigation and Scoreboard $35.02 0092-050124-99 05/01/2024 116367587 -10430 S De Anza Blvd, Holiday Lighting $68.41 0092-050124-100 05/01/2024 116367449 -10350 Torre Ave, Community Hall $4,155.32 0092-050124-101 05/01/2024 111190735 119980351-10300 Torre Ave, City Hall $9,107.46 0092-050124-102 05/01/2024 116367437 -10455 Miller Ave, Creekside Park $659.89 0092-050124-103 05/01/2024 116367988 -21710 McClellan Rd, Playground Reception Area $10.51 0092-050124-104 05/01/2024 116367484 -20220 Suisun Dr, Parks and Rec Free Standing Panel $30.69 0092-050124-105 05/01/2024 116367763 -10630 S De Anza Blvd, Holiday Lighting $74.57 0092-050124-106 05/01/2024 116367332 -821 Bubb Rd #B/Building Concession $62.02 0092-050124-107 05/01/2024 116367274 -1170 Yorkshire Dr.$10.51 0092-050124-108 05/01/2024 116367013 - 1486 S Stelling Rd $10.51 0092-050124-109 05/01/2024 116367941 -7548 Donegal Dr, Irrigation Control /Hoover Park $13.05 0092-050124-110 05/01/2024 116367840 -10185 N Stelling RD $11,769.34 0092-050124-111 05/01/2024 116971849 -21111 Stevens Creek Blvd, Sports Center $9,704.11 0092-050124-112 05/01/2024 116367477 -21121 Stevens Creek Blvd, Memorial Park $2,910.39 0092-050124-113 05/01/2024 (Old116367536) 113736756 -Senior Center 21251 Stevens Creek BLV $4,767.91 0092-050124-114 05/01/2024 116367590 -Saratoga Sunnyvale Rd and Hwy 85, Traffic Signal $98.31 0092-050124-115 05/01/2024 116367605 -E37C1 Prospect and Rte 85, Traffic Signal $121.35 0092-050124-116 05/01/2024 116367615 -Fallenleaf Ln and S De Anza Blvd, Traffic Signal $120.07 0092-050124-117 05/01/2024 116367620 -S De Anza Blvd and Sharon Dr , Irrigation Controller $20.02 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $62,145.40 560 - Blackberry Farm 560 100-100 (Cash & Investments Assets Operating Cash) $377.35 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $9,704.11 Friday, May 31, 2024Pages: 6 of 17user: Vi Tran 125 CC 06-04-2024 125 of 530 Payment Register City of Cupertino From Payment Date: 5/25/2024 - To Payment Date: 5/31/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 734608 05/31/2024 Open Accounts Payable Red Rooster Brick Oven LLC $592.00 Invoice Date Description Amount 20003242 05/19/2024 SeniorTrip:6/5/24- GuideDogsForTheBlind&MarinCivicCtrRemainPaymnt $592.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $592.00 734609 05/31/2024 Open Accounts Payable Royal Coach Tours $1,535.00 Invoice Date Description Amount 30600 06/27/2024 Charter 30600: 6/27/24 - Golden Gate Bay Cruise and Pier 39 Trip $1,535.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,535.00 734610 05/31/2024 Open Accounts Payable Urban Sustainability Directors Network $2,500.00 Invoice Date Description Amount 3304 05/28/2024 2024 Annual Membership Dues $2,500.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,500.00 734611 05/31/2024 Open Accounts Payable Vanessa Guerra $690.55 Invoice Date Description Amount Vanessa 05/08/2024 Employee Appreciation Week 2024 $579.32 Guerra051524 05/15/2024 Refreshments for the May 15, 2024 Mid-Level Manager’s Meeting $111.23 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $690.55 734612 05/31/2024 Open Accounts Payable Amadeus Wong $73.45 Invoice Date Description Amount Amadeus05152024 05/15/2024 Live Scan and Fingerprinting Reimbursement $73.45 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $73.45 734613 05/31/2024 Open Accounts Payable Bae, Eun Ji $225.00 Invoice Date Description Amount 2004978.012 05/07/2024 Sports Center 01/29/24 Acct. credit refund $225.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $225.00 734614 05/31/2024 Open Accounts Payable Carolyn Cummings $20.00 Invoice Date Description Amount 2002280.032 05/23/2024 Credit on Account Refund from COVID $20.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $20.00 Friday, May 31, 2024Pages: 7 of 17user: Vi Tran 126 CC 06-04-2024 126 of 530 Payment Register City of Cupertino From Payment Date: 5/25/2024 - To Payment Date: 5/31/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 734615 05/31/2024 Open Accounts Payable Charean Marshall $150.00 Invoice Date Description Amount 2009093.030 05/24/2024 MRP-05.24.24 box 136 deposit refund by check, CC expired $150.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $150.00 734616 05/31/2024 Open Accounts Payable Chi Am Circle $500.00 Invoice Date Description Amount 2009105.030 05/28/2024 QCC- 2.03-05.19.24 Cupertino Room Security Deposit Refund $500.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $500.00 734617 05/31/2024 Open Accounts Payable Claire Kim $72.00 Invoice Date Description Amount Claire04252024 04/25/2024 Live Scan and Fingerprinting Reimbursement $72.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $72.00 734618 05/31/2024 Open Accounts Payable Dev Chen $40.00 Invoice Date Description Amount 2002262.032 05/21/2024 Credit on Account Refund from COVID $40.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $40.00 734619 05/31/2024 Open Accounts Payable Devarakonda, Raghukumar S $2,000.00 Invoice Date Description Amount 310302 05/29/2024 10300 Imperial Ave, 10%FP, 310302 $2,000.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,000.00 734620 05/31/2024 Open Accounts Payable Gasperini, Jean $300.00 Invoice Date Description Amount 2009102.030 05/28/2024 QCC- 5.16.24- Social Room Security Deposit Refund $300.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $300.00 734621 05/31/2024 Open Accounts Payable Ho, Hsuen $2,000.00 Invoice Date Description Amount 319420 05/28/2024 6707 Clifford Dr.,Encroachment, 319420 $2,000.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,000.00 734622 05/31/2024 Open Accounts Payable Inatalent $300.00 Invoice Date Description Amount 2009106.030 05/28/2024 QCC- 5.19.24- Social Room Security Deposit Refund $300.00 Paying Fund Cash Account Amount Friday, May 31, 2024Pages: 8 of 17user: Vi Tran 127 CC 06-04-2024 127 of 530 Payment Register City of Cupertino From Payment Date: 5/25/2024 - To Payment Date: 5/31/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $300.00 734623 05/31/2024 Open Accounts Payable Jeffrey Chang $150.00 Invoice Date Description Amount 2009045.030 05/13/2024 MRP-05.13.24 box 120 deposit refund $150.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $150.00 734624 05/31/2024 Open Accounts Payable Justin Zhao $67.00 Invoice Date Description Amount Justin05132024 05/13/2024 Live Scan and Fingerprinting Reimbursement $67.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $67.00 734625 05/31/2024 Open Accounts Payable Kaitlyn Altmar $67.00 Invoice Date Description Amount Kaitlyn05132024 05/13/2024 Live Scan and Fingerprinting Reimbursement $67.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $67.00 734626 05/31/2024 Open Accounts Payable Kanise Reyes $57.00 Invoice Date Description Amount Kanise05172024 05/17/2024 Live Scan and Fingerprinting Reimbursement $57.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $57.00 734627 05/31/2024 Open Accounts Payable Keatin Lee $72.00 Invoice Date Description Amount Keatin05122024 05/12/2024 Live Scan and Fingerprinting Reimbursement $72.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $72.00 734628 05/31/2024 Open Accounts Payable Ko Chang $17.50 Invoice Date Description Amount 2002260.032 05/21/2024 Credit on Account Refund from COVID $17.50 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $17.50 734629 05/31/2024 Open Accounts Payable Kunda, Vishweshwar $3,000.00 Invoice Date Description Amount 323288 05/28/2024 1111 Steeplechase Ln, Encroachment, 323288 $3,000.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $3,000.00 734630 05/31/2024 Open Accounts Payable Lihrong Chang $5.71 Invoice Date Description Amount 2002261.032 05/21/2024 Credit on Account Refund from COVID $5.71 Friday, May 31, 2024Pages: 9 of 17user: Vi Tran 128 CC 06-04-2024 128 of 530 Payment Register City of Cupertino From Payment Date: 5/25/2024 - To Payment Date: 5/31/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $5.71 734631 05/31/2024 Open Accounts Payable Lily Chan $9.00 Invoice Date Description Amount 2002259.032 05/21/2024 Credit on Account Refund from COVID $9.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $9.00 734632 05/31/2024 Open Accounts Payable Lisa Carpenter $272.00 Invoice Date Description Amount 2002258.032 05/21/2024 Credit on Account Refund from COVID $272.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $272.00 734633 05/31/2024 Open Accounts Payable Lu, Le $5,000.00 Invoice Date Description Amount 313957 05/24/2024 18890 Pendergast Ave; Encroachment; 313957 $5,000.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $5,000.00 734634 05/31/2024 Open Accounts Payable Mahjabi Dineli $22.50 Invoice Date Description Amount 2002283.032 05/23/2024 Credit on Account Refund from COVID $22.50 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $22.50 734635 05/31/2024 Open Accounts Payable Mary Cormia $42.50 Invoice Date Description Amount 2002279.032 05/23/2024 Credit on Account Refund from COVID $42.50 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $42.50 734636 05/31/2024 Open Accounts Payable Mayumi DeHaan $50.00 Invoice Date Description Amount 2002281.032 05/23/2024 Credit on Account Refund from COVID $50.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $50.00 734637 05/31/2024 Open Accounts Payable Ng, Steve $247.50 Invoice Date Description Amount 2000025.004 05/09/2024 Sports Center 05/09/24 Acct. credit refund $247.50 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $247.50 734638 05/31/2024 Open Accounts Payable Pauline Chiu $19.56 Invoice Date Description Amount 2002264.032 05/21/2024 Credit on Account Refund from COVID $19.56 Friday, May 31, 2024Pages: 10 of 17user: Vi Tran 129 CC 06-04-2024 129 of 530 Payment Register City of Cupertino From Payment Date: 5/25/2024 - To Payment Date: 5/31/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $19.56 734639 05/31/2024 Open Accounts Payable Rachel Campbell $45.00 Invoice Date Description Amount 2002257.032 05/21/2024 Credit on Account Refund from COVID $45.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $45.00 734640 05/31/2024 Open Accounts Payable Ravi Gopal $30.00 Invoice Date Description Amount 2008897.030 04/12/2024 QCC class session 24098 cancelled $30.00 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $30.00 734641 05/31/2024 Open Accounts Payable Ravi Gopal $80.00 Invoice Date Description Amount 2009099.030 05/28/2024 QCC class sessions 24101, 25106 cancelled $80.00 Paying Fund Cash Account Amount 580 - Recreation Program 580 100-100 (Cash & Investments Assets Operating Cash) $80.00 734642 05/31/2024 Open Accounts Payable Shauley Cheng $70.00 Invoice Date Description Amount 2002263.032 05/21/2024 Credit on Account Refund from COVID $70.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $70.00 734643 05/31/2024 Open Accounts Payable Shiona Deighton $21.00 Invoice Date Description Amount 2002282.032 05/23/2024 Credit on Account Refund from COVID $21.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $21.00 734644 05/31/2024 Open Accounts Payable Shirley Chu $12.00 Invoice Date Description Amount 2002278.032 05/23/2024 Credit on Account Refund from COVID $12.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $12.00 734645 05/31/2024 Open Accounts Payable Sujatha Gottipati $150.00 Invoice Date Description Amount 2009047.030 05/13/2024 MRP-05.13.24 box 179 deposit refund $150.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $150.00 Friday, May 31, 2024Pages: 11 of 17user: Vi Tran 130 CC 06-04-2024 130 of 530 Payment Register City of Cupertino From Payment Date: 5/25/2024 - To Payment Date: 5/31/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 734646 05/31/2024 Open Accounts Payable VADIM VECHKANOV $393.38 Invoice Date Description Amount 342060 05/28/2024 REFUND 11721 SOUTHSHORE CT BLD-2024-1073 WITHDRAWN $393.38 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $393.38 734647 05/31/2024 Open Accounts Payable Vincent Fu $77.00 Invoice Date Description Amount Vincent04272024 04/27/2024 Live Scan and Fingerprinting Reimbursement $77.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $77.00 Type Check Totals:55 Transactions $127,924.31 EFT 39793 05/28/2024 Open Accounts Payable EMPLOYMENT DEVEL DEPT $46,369.87 Invoice Date Description Amount 05172024 05/17/2024 CA State Tax pp 5/4/24-5/17/24 $46,369.87 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $46,369.87 39794 05/28/2024 Open Accounts Payable IRS $145,786.79 Invoice Date Description Amount 05172024 05/17/2024 Federal Tax pp 5/4/24-5/17/24 $145,786.79 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $145,786.79 39795 05/30/2024 Open Accounts Payable P E R S $400.77 Invoice Date Description Amount 05012024 05/17/2024 PERS Council pp 5/1/24-5/31/24 $400.77 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $400.77 39796 05/30/2024 Open Accounts Payable P E R S $168,329.75 Invoice Date Description Amount 05172024 05/17/2024 PERS pp 5/4/24-5/17/24 $168,329.75 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $168,329.75 39797 05/31/2024 Open Accounts Payable ABOLI JAYDEEP RANADE $195.00 Invoice Date Description Amount 052324AJR 05/23/2024 May fitness classes $195.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $195.00 Friday, May 31, 2024Pages: 12 of 17user: Vi Tran 131 CC 06-04-2024 131 of 530 Payment Register City of Cupertino From Payment Date: 5/25/2024 - To Payment Date: 5/31/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 39798 05/31/2024 Open Accounts Payable ADVANCED CHEMICAL TRANSPORT, INC. $1,726.03 Invoice Date Description Amount 564619 05/16/2024 Street - Hazmat Waste Collection $1,726.03 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,726.03 39799 05/31/2024 Open Accounts Payable American Legal Publishing $122.55 Invoice Date Description Amount 34105 05/22/2024 57x 2024 S-94 Folio/Internet Supplement Pages $122.55 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $122.55 39800 05/31/2024 Open Accounts Payable Amit Goel $312.00 Invoice Date Description Amount 052324AG 05/23/2024 May fitness classes $312.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $312.00 39801 05/31/2024 Open Accounts Payable B&H PHOTO-VIDEO $387.50 Invoice Date Description Amount 224268268 05/20/2024 Hamilton Headphone Leather Cushion (for Listening Devices) $56.85 224265483 05/20/2024 Kramer 4x1 4K HDMI Switcher (R201202-OMNIA)$330.65 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $387.50 39802 05/31/2024 Open Accounts Payable Bikeep Inc.$49.00 Invoice Date Description Amount 18108 05/31/2024 Monthly Bikeep Fee $49.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $49.00 39803 05/31/2024 Open Accounts Payable COLLEEN FERRIS $55.00 Invoice Date Description Amount colleenf041624 04/16/2024 cell phone service Mar 17 - Apr 16 $55.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $55.00 39804 05/31/2024 Open Accounts Payable CoreLogic Solutions, LLC.$100.00 Invoice Date Description Amount 30717294 04/30/2024 FY24 RealQuest Monthly subscription 01-APR-2024 to 30-APR-2024 $100.00 Paying Fund Cash Account Amount 610 - Innovation & Technology 610 100-100 (Cash & Investments Assets Operating Cash) $100.00 Friday, May 31, 2024Pages: 13 of 17user: Vi Tran 132 CC 06-04-2024 132 of 530 Payment Register City of Cupertino From Payment Date: 5/25/2024 - To Payment Date: 5/31/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 39805 05/31/2024 Open Accounts Payable EDGES ELECTRICAL GROUP $1,068.89 Invoice Date Description Amount S6149143.001 05/15/2024 Street- Fibrelyte Box $1,068.89 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,068.89 39806 05/31/2024 Open Accounts Payable Fehr & Peers $8,785.75 Invoice Date Description Amount 175142 05/14/2024 VMT Inventory & VMT Mitigation Measure through 033024-042624 $8,785.75 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $8,785.75 39807 05/31/2024 Open Accounts Payable GRACE DUVAL $748.00 Invoice Date Description Amount 052324GD 05/23/2024 May PT $748.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $748.00 39808 05/31/2024 Open Accounts Payable GRAINGER INC $39.81 Invoice Date Description Amount 9118801464 05/14/2024 Service Center - AA Batteries $39.81 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $29.86 230 - Env Mgmt Cln Crk Strm Drain 230 100-100 (Cash & Investments Assets Operating Cash) $9.95 39809 05/31/2024 Open Accounts Payable Granicus $1,500.00 Invoice Date Description Amount 184186 05/28/2024 OpenCities training $1,500.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $1,500.00 39810 05/31/2024 Open Accounts Payable Jahara Pagadipaala $360.00 Invoice Date Description Amount 052324JP 05/23/2024 May fitness classes $360.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $360.00 39811 05/31/2024 Open Accounts Payable JAMES COLVIN $3,536.00 Invoice Date Description Amount 052324JC 05/23/2024 May PT $3,536.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $3,536.00 39812 05/31/2024 Open Accounts Payable JENNIFER HILL $492.00 Invoice Date Description Amount 052324JH 05/23/2024 May fitness classes $492.00 Friday, May 31, 2024Pages: 14 of 17user: Vi Tran 133 CC 06-04-2024 133 of 530 Payment Register City of Cupertino From Payment Date: 5/25/2024 - To Payment Date: 5/31/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $492.00 39813 05/31/2024 Open Accounts Payable Joe A. Gonsalves & Son $9,000.00 Invoice Date Description Amount 161536 04/22/2024 State Legislative Advocacy Services – May 2024 $4,500.00 161614 05/23/2024 State Legislative Advocacy Services – June 2024 $4,500.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $9,000.00 39814 05/31/2024 Open Accounts Payable Jorge Vargas $2,000.00 Invoice Date Description Amount 5 05/06/2024 Service Center - Pesticide Safety Training $2,000.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $2,000.00 39815 05/31/2024 Open Accounts Payable KEVIN GREENE $55.00 Invoice Date Description Amount KevinG051824 05/18/2024 Cell Phone Reimbursement - Kevin G 04.19.24 to 05.18.24 $55.00 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $55.00 39816 05/31/2024 Open Accounts Payable KIMBALL-MIDWEST $826.42 Invoice Date Description Amount 102203630 05/08/2024 Street- Diamond File, Bit Holders, Solder, Broom, Torch, Marking $826.42 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $826.42 39817 05/31/2024 Open Accounts Payable Melisa Stoner $180.00 Invoice Date Description Amount 052324MS 05/23/2024 May fitness classes $180.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $180.00 39818 05/31/2024 Open Accounts Payable MONICA G. RANES-GOLDBERG $462.00 Invoice Date Description Amount 052324MGRG 05/23/2024 May fitness classes $462.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $462.00 39819 05/31/2024 Open Accounts Payable PLAN JPA $55,092.47 Invoice Date Description Amount INV0012 05/28/2024 General Liability Claims - April 2024 $55,092.47 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $55,092.47 Friday, May 31, 2024Pages: 15 of 17user: Vi Tran 134 CC 06-04-2024 134 of 530 Payment Register City of Cupertino From Payment Date: 5/25/2024 - To Payment Date: 5/31/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 39820 05/31/2024 Open Accounts Payable Raychel Renee Balcioni Cruz $4,860.00 Invoice Date Description Amount 052324RRBC 05/23/2024 May fitness classes and PT $4,860.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $4,860.00 39821 05/31/2024 Open Accounts Payable Rincon Consultants, Inc $6,468.50 Invoice Date Description Amount 56729 05/15/2024 April 2024 Services $6,468.50 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $6,468.50 39822 05/31/2024 Open Accounts Payable Shute, Mihaly & Weinberger LLP $55,208.99 Invoice Date Description Amount 286398 05/28/2024 Legal Services, April 2024 $55,208.99 Paying Fund Cash Account Amount 100 - General Fund 100 100-100 (Cash & Investments Assets Operating Cash) $55,208.99 39823 05/31/2024 Open Accounts Payable SONIA DOGRA $351.00 Invoice Date Description Amount 052324SD 05/23/2024 May fitness classes $351.00 Paying Fund Cash Account Amount 570 - Sports Center 570 100-100 (Cash & Investments Assets Operating Cash) $351.00 Type EFT Totals:31 Transactions $514,869.09 Main Account - Main Checking Account Totals Checks Status Count Transaction Amount Reconciled Amount Open 55 $127,924.31 $0.00 Reconciled 0 $0.00 $0.00 Friday, May 31, 2024Pages: 16 of 17user: Vi Tran 135 CC 06-04-2024 135 of 530 Payment Register City of Cupertino From Payment Date: 5/25/2024 - To Payment Date: 5/31/2024 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 55 $127,924.31 $0.00 EFTs Status Count Transaction Amount Reconciled Amount Open 31 $514,869.09 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Total 31 $514,869.09 $0.00 All Status Count Transaction Amount Reconciled Amount Open 86 $642,793.40 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 86 $642,793.40 $0.00 Grand Totals: Checks Status Count Transaction Amount Reconciled Amount Open 55 $127,924.31 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 55 $127,924.31 $0.00 EFTs Status Count Transaction Amount Reconciled Amount Open 31 $514,869.09 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Total 31 $514,869.09 $0.00 All Status Count Transaction Amount Reconciled Amount Open 86 $642,793.40 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 86 $642,793.40 $0.00 Friday, May 31, 2024Pages: 17 of 17user: Vi Tran 136 CC 06-04-2024 136 of 530 CITY OF CUPERTINO Agenda Item 24-13140 Agenda Date: 6/18/2024 Agenda #: 4. Subject: Adopt a Resolution to request the Metropolitan Transportation Commission (MTC) allocate Fiscal Year (FY) 2024/2025 Transportation Development Act Article 3 (TDA 3) Pedestrian/Bicycle Project Funding in the amount of $330,000 for the development of a Citywide Active Transportation Plan. Adopt Resolution No. 24-063 (Attachment A), to request the Metropolitan Transportation Commission allocation of FY 2024-2025 Transportation Development Act Article 3 Pedestrian/Bicycle Project funding for the development of an Active Transportation Plan. CITY OF CUPERTINO Printed on 6/12/2024Page 1 of 1 powered by Legistar™137 CC 06-04-2024 137 of 530 CITY COUNCIL STAFF REPORT Meeting: June 18, 2024 Subject Adopt a Resolution to request the Metropolitan Transportation Commission (MTC) allocate Fiscal Year (FY) 2024-2025 Transportation Development Act Article 3 (TDA 3) Pedestrian/Bicycle Project Funding in the amount of $330,000 for the development of a Citywide Active Transportation Plan. Recommended Action Adopt Resolution No. 24-XXXX (Attachment A), to request the Metropolitan Transportation Commission allocation of FY 2024-2025 Transportation Development Act Article 3 Pedestrian/Bicycle Project funding for the development of an Active Transportation Plan. Reasons for Recommendation The MTC programs TDA 3 funds in the nine Bay Area counties. Each year, MTC requests that the Congestion Management Agency (CMA) in each Bay Area county coordinate and submit annual TDA 3 program funding priorities for their respective counties. The Valley Transportation Authority (VTA), as the CMA for Santa Clara County (County), works with member agencies to develop the countywide program. After the VTA Board adopts the program, the list is forwarded to MTC for approval, and project sponsors apply for reimbursement directly to MTC. The County’s “Guaranteed” share of MTC’s TDA 3 Funds is distributed to jurisdictions based on 2022 California Department of Finance population figures. Funds may be banked for up to four years plus one year to program funds. In 2023, the City of Cupertino allocated $166,259 in TDA 3 funding for the De Anza Boulevard Buffered Bike Lanes Project. In FY 24-25, the City of Cupertino has a total guaranteed balance of $334,349, which includes banked funds from prior years. All currently banked funds are within the four-year window and would be carried forward to next year’s bank if they are not programmed this year. Proposed TDA 3 projects must be ready to implement within one year of their submittal in the application cycle. The following project types are eligible for TDA Article 3 Funding: 138 CC 06-04-2024 138 of 530 1. Construction and/or engineering of a bicycle or pedestrian capital or quick build projects. 2. Maintenance of a Class I shared-use path and Class IV separated bikeways. 3. Bicycle safety education programs (no more than 5% of the County total). 4. Development of a comprehensive bicycle or pedestrian facility plan(s) (allocations to a claimant for this purpose may not be made more than once every five years). 5. Restriping of Class II bicycle lanes and buffered bicycle lanes. The Cupertino Bicycle Transportation Plan, adopted in June 2016, envisions the creation of an exceptional bicycling environment that supports active living, safe bicycling, and easy access to jobs, schools, recreation, and transit. The goal of the plan is to implement a range of bicycle infrastructure projects that improve connectivity, reduce bicycle-related collisions, and develop a network that fosters biking for all residents and visitors. The 2018 Pedestrian Transportation Plan emphasizes the creation of a safe, inviting, and connected pedestrian network. This plan focuses on enhancing quality of life by supporting and promoting walking through improved infrastructure and community programs. With significant progress made in implementing the recommendations in these plans, there is a need for a new Active Transportation Plan to build on these improvements and to address evolving community needs. Additionally, there is a growing necessity for a unified approach in the form of a citywide Active Transportation Plan, which will coordinate the goals and infrastructure projects of both bicycle and pedestrian initiatives. This integration will streamline the City’s approach to active transportation and ensure a more cohesive and efficient implementation of transportation infrastructure improvement projects. By developing a unified plan, Cupertino can address overlapping areas of concern more effectively, align policies and goals across different transportation modes, and enhance the overall connectivity and safety of all roadway users. The development of an Active Transportation Plan was adopted in the FY 24-25 Adopted Budget as a City Work Program project. At the January 24, 2024, Bicycle Pedestrian Commission (Commission) meeting, the Commission passed a motion to recommend that the Active Transportation Plan be elevated to a “High Priority” City Work Program item. City staff is requesting to allocate $330,000 of FY 24-25 TDA 3 Pedestrian/Bicycle Project Funding for the development of an Active Transportation Plan. Each jurisdiction is required to have a Bicycle and Pedestrian Advisory Committee (BPAC) review and prioritize TDA 3 bike and pedestrian projects and plans. On May 15, 2024, Cupertino’s Commission moved to recommend to the City Council that Cupertino’s TDA 3 allocation be approved for the development of an Active Transportation Plan. 139 CC 06-04-2024 139 of 530 Sustainability Impact The Cupertino Active Transportation Plan will have positive sustainability impacts by developing possible infrastructure improvement projects that increase safety and accessibility for all non-motorized roadway users. Additionally, the ATP will include mode shift strategies to promote walking and bicycling to reduce personal automobile dependency, which will reduce local greenhouse gas emissions and improve air quality. Overall, the ATP will help create a healthier, more sustainable community. Fiscal Impact The approval of this Resolution satisfies the MTC/TDA requirement, resulting in the City receiving TDA 3 funds in the amount of $330,000. These funds will be used to fund the Active Transportation Plan Project 100-88-844. The project’s City-funded appropriation will be offset by the amount of the grant funds received. California Environmental Quality Act (CEQA) This project is statutorily exempt from CEQA pursuant to Public Resources Code section 21080.20(a), the preparation of a bicycle transportation plan. _____________________________________ Prepared by: Matthew Schroeder, Transportation Planner Reviewed by: David Stillman, Transportation Manager Approved by: Chad Mosley, Director of Public Works Approved for Submission by: Pamela Wu, City Manager Attachments: A – Draft Resolution 140 CC 06-04-2024 140 of 530 Attachment A TDA Article 3 Claim Applications Appendix A Page 1 RESOLUTION NO. ________ A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING THE REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR AN ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN AND BICYCLE PROJECT FUNDING FOR FISCAL YEAR 2024/ 25 WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; WHEREAS, MTC Resolution No. 4108, Revised requires that requests for th e allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; WHEREAS, the City of Cupertino desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; now, therefore; BE IF FURTHER RESOLVED, that the City of Cupertino declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore; RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B t o this resolution, or that might impair the ability of the City of Cupertino to carry out the project; and furthermore; RESOLVED, that the City of Cupertino attests to the accuracy of and approves the statements in Attachment A to this resolution; and furthermore; and 141 CC 06-04-2024 141 of 530 MTC Prog. & Alloc. Section April. 2005 TDA Article 3 Claim Applications Appendix A Page 2 RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of Santa Clara County for submission to MTC as part of the countywide coordinated TDA Article 3 claim. The City of Cupertino adopted this resolution on June 18, 2024. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of June, 2024, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Sheila Mohan, Mayor City of Cupertino ________________________ Date ATTEST: ________ Kirsten Squarcia, City Clerk ________________________ Date 142 CC 06-04-2024 142 of 530 MTC Prog. & Alloc. Section April. 2005 TDA Article 3 Claim Applications Appendix A Page 3 Resolution No. 24-XXXX Attachment A Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2024/2025 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings Page 1 of 1 1. That the City of Cupertino is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Cupertino legally impeded from undertaking the project(s) described in “Attachment B” of this resolution. 2. That the City of Cupertino has committed adequate staffing resources to complete the project(s) described in Attachment B. 3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s). 4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested. 5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.). 6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s). 7. That the project(s) described in Attachment B are for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of Cupertino within the prior five fiscal years. 143 CC 06-04-2024 143 of 530 MTC Prog. & Alloc. Section April. 2005 TDA Article 3 Claim Applications Appendix A Page 4 8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick-build project. 9. That any project described in Attachment B bicycle project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document. 10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years). 11. That the City of Cupertino agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public. 144 CC 06-04-2024 144 of 530 MTC Prog. & Alloc. Section April. 2005 TDA Article 3 Claim Applications Appendix A Page 5 Resolution No. 24-XXXX Attachment B TDA Article 3 Project Application Form 1. Agency City of Cupertino 2. Primary Contact David Stillman 3. Mailing Address 10300 Torre Ave, Cupertino, CA 95014 4. Email Address davids@cupertino.gov 5. Phone Number (408) 777-3249 6. Secondary Contact (in the event primary is not available) Matthew Schroeder 7. Mailing address (if different) N/A☒ 8. Email Address matts@cupertino.gov 9. Phone Number 408-777-3174 10. Send allocation instructions to (if different from above): 11. Project Title Cupertino Active Transportation Plan 12. Amount requested $330,000 13. Fiscal Year of Claim 2024/2025 14. Description of Overall Project: The Cupertino Active Transportation Plan (ATP) aims to enhance the City's transportation infrastructure by promoting and facilitating active transportation modes, such as walking and bicycling, for all ages and abilities over the next ten years. This strategic project will consolidate and update Cupertino's existing Bicycle Plan (2016) and Pedestrian Plan (2018), integrating them into a single document that reflects the latest in design practices and policies. The project will review existing infrastructure, policies, and community needs associated with bicycling and walking. This analysis will involve data collection and close community engagement with diverse stakeholders, including local businesses, schools, and community organizations. 145 CC 06-04-2024 145 of 530 MTC Prog. & Alloc. Section April. 2005 TDA Article 3 Claim Applications Appendix A Page 6 15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.) 16. Project Location: A map of the project location is attached or a link to an online map of the project location is provided below: Project Relation to Regional Policies (for information only) 17. Is the project in an Equity Priority Community? Yes☐ No☒ The project will rely on data analysis, community engagement, and a review of modern best practices to develop a comprehensive ATP for the City of Cupertino. It will identify current gaps in the pedestrian and bicycle networks and examine collision and injury data to propose infrastructure improvements that will increase safety and accessibility for all non -motorized roadway users. Community input will shape the final recommendations, ensuring the ATP aligns with local needs and values. Key deliverables include implementation strategies, budget estimates, and a prioritized list of capital projects with a phased project delivery schedule. 146 CC 06-04-2024 146 of 530 MTC Prog. & Alloc. Section April. 2005 TDA Article 3 Claim Applications Appendix A Page 7 18. Is this project in a Priority Development Area or a Transit-Oriented Community? Yes☒ No☐ 19. Project Budget and Schedule Project Eligibility A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes☒ No☐ If “YES,” identify the date and provide a copy or link to the agenda. May 15, 2024 - Agenda If "NO," provide an explanation). B. Has the project been approved by the claimant's governing body? Yes☐ No☒ If "NO," provide expected date: June 18, 2024 C. Has this project previously received TDA Article 3 funding? Yes☐ No☒ (If "YES," provide an explanation on a separate page) D. For "bikeways," does the project meet Caltrans minimum safety design criteria Yes☐ No☐ pursuant to Chapter 1000 of the California Highway Design Manual? E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Yes☐ No☐ Existing Facility? 2. If “NO” above, is the project is exempt from CEQA for another reason? Yes☐ No☐ Cite the basis for the exemption. N/A☒ If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate. F. Estimated Completion Date of project (month and year): July 2025 Project Phase TDA 3 Other Funds Total Cost Estimated Completion (month/year) Bike/Ped Plan $330,000 July '26 ENV PA&ED PS&E ROW CON Total Cost 147 CC 06-04-2024 147 of 530 MTC Prog. & Alloc. Section April. 2005 TDA Article 3 Claim Applications Appendix A Page 8 G. Have provisions been made by the claimant to maintain the project or facility, or has Yes☐ No☐ the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility, please identify below and provide the agreement.) H. Is a Complete Streets Checklist required for this project? Yes☐ No☒ If the amount requested is over $250,000 or if the total project phase or construction phase is over $250,000, a Complete Streets checklist is likely required. Please attach the Complete Streets checklist or record of review, as applicable. More information and the form may be found here: https://mtc.ca.gov/planning/transportation/complete-streets 148 CC 06-04-2024 148 of 530 CITY OF CUPERTINO Agenda Item 24-13141 Agenda Date: 6/18/2024 Agenda #: 5. Subject: Award a construction contract for 2024 Pavement Maintenance Phase 1 Project to G. Bortolotto & Co. for asphalt mill & fill and patching on identified roadways throughout the City of Cupertino in the amount of $2,662,786. 1. Award a construction contract for the 2024 Pavement Maintenance Phase 1 project (project number 2024-101) in the amount of $2,662,786 to G. Bortolotto & Co. 2. Authorize the City Manager to execute the construction contract when all conditions have been met; and 3. Authorize the Director of Public Works to execute any necessary change orders up to a construction contingency amount of $266,279 (10%) for a total contract amount of $2,929,065. CITY OF CUPERTINO Printed on 6/12/2024Page 1 of 1 powered by Legistar™149 CC 06-04-2024 149 of 530 CITY COUNCIL STAFF REPORT Meeting: June 18, 2024 Subject Award a construction contract for 2024 Pavement Maintenance Phase 1 Project to G. Bortolotto & Co. for asphalt mill & fill and patching on identified roadways throughout the City of Cupertino in the amount of $2,662,786. Recommended Action 1) Award a construction contract for the 2024 Pavement Maintenance Phase 1 project (project number 2024-101) in the amount of $2,662,786 to G. Bortolotto & Co. 2) Authorize the City Manager to execute the construction contract when all conditions have been met; and 3) Authorize the Director of Public Works to execute any necessary change orders up to a construction contingency amount of $266,279 (10%) for a total contract amount of $2,929,065. Reasons for Recommendation On May 10, 2024, the City of Cupertino advertised the 2024 Pavement Maintenance Phase 1 Project. This project consists of rehabilitative maintenance treatments which include asphalt mill and fill and dig-out repairs on identified streets throughout the City. The project also includes repairs to select park pathways. Project streets were selected based on Pavement Condition Index (PCI) and community input. See attachment B for the project location list. Bids were due June 4, however no bids were received. Section 3.23.110(D) of the Cupertino Municipal Code states if no bids are received, the City Council may have the project completed without a further competitive bid process. Staff reached out to project plan holders to inquire why they chose not to submit bids and most responses indicated schedule conflicts. One plan holder, G. Bortolotto & Co., stated they were interested in submitting a proposal, but technical difficulties prevented them from submitting a bid. Staff subsequently received the following cost proposal: Bidder Bid Amount Engineers Estimate $3,200,000 G. Bortolotto & Co. $2,662,786 150 CC 06-04-2024 150 of 530 The Department of Public Works reviewed G. Bortolotto’s proposal for completeness and confirmed the contractor’s experience and determined them to be qualified. Therefore, staff recommends awarding a construction contract to G. Bortolotto & Co. for the contract amount of $2,662,786, including a 10% construction contingency in the amount of $266,279 for a total contract amount not to exceed $2,929,065. Construction contingency allows for unforeseen conditions and is a typical contracting best practice. A Draft Construction Contract is included as Attachment A while the full project specifications can be found at https://apps.cupertino.org/bidmanagement/index.aspx. This proposal is well under the Engineer’s Estimate. Therefore, staff recommends that the Council authorize the award of the construction contract to, G. Bortolotto & Co. to prevent project delay. Sustainability Impact Maintaining and preserving the local streets and roadway system will reduce drive time and traffic congestion, improve bicycle safety, and create a safer and more appealing pedestrian experience. This leads to reduced vehicle emissions, helping the City achieve air quality and greenhouse gas emission reduction goals. Fiscal Impact Award of this contract will result in a fiscal impact of up to $2,929,065, including the base contract and potential contingency. Sufficient funds are budgeted in 270-85-821 900 971 (Capital Outlay Senate Bill 1 Roads), and 270-85-821 900-921 (Capital Outlay Annual Asphalt Project). No additional appropriations are needed. California Environmental Quality Act This project is exempt under CEQA Guidelines Sections 15301(c) (repair and maintenance of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities). _____________________________________ Prepared by: Jo Anne Johnson, Project Manager Reviewed by: Chad Mosley, Director of Public Works Approved for Submission by: Pamela Wu, City Manager Attachments: A – Draft Contract B – Location List C – Location Map 151 CC 06-04-2024 151 of 530 2024 Pavement Maintenance Phase 1 2023 Form CONTRACT Project # 2024-101 Page 2 Contract This public works contract (“Contract”) is entered into by and between City of Cupertino (“City”) and G. Bortolotto & Company, Inc. (“Contractor”), for work on the 2024 Pavement Maintenance Phase 1 Project (“Project”). The parties agree as follows: 1.Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On June 18, 2024, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below. 2.Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract. 2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment and Performance Bonds; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Plans and Specifications; 2.10 Change Orders, if any; 2.11 Notice of Potential Award; 2.12 Notice to Proceed; and 2.13 The following: Caltrans Standard Details, City Standard Details and Typical Sections 3.Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. 4.Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $2,662,786 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions. 5.Time for Completion. As further specified in Section 5.4 of the General Conditions, if Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 80 calendar days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion. 152 CC 06-04-2024 152 of 530 2024 Pavement Maintenance Phase 1 2023 Form CONTRACT Project # 2024-101 Page 3 6.Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $1,500 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract. 7.Labor Code Compliance. 7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions. 7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. 7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions. 8.Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” 9.Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract. 10.Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City. 11.Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows: City: Public Works Department 10300 Torre Ave Cupertino, CA 95014 408-777-3354 153 CC 06-04-2024 153 of 530 2024 Pavement Maintenance Phase 1 2023 Form CONTRACT Project # 2024-101 Page 4 Attn: Jo Anne Johnson joannej@cupertino.gov Copy to: PWInvoices pwinvoices@cupertino.gov Contractor: Name:_____________________________________ Address:___________________________________ City/State/Zip:_______________________________ Phone:_____________________________________ Attn:_______________________________________ Email:______________________________________ Copy to:____________________________________ 12. General Provisions. 12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns. 12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Santa Clara County, California. 12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. 12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect. 12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313. 154 CC 06-04-2024 154 of 530 2024 Pavement Maintenance Phase 1 2023 Form CONTRACT Project # 2024-101 Page 5 The parties agree to this Contract as witnessed by the signatures below: CITY: Approved as to form: s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Name, Title Name, Title Date: ___________________________ Date: ______________________________ Attest: s/_______________________________ _________________________________ Name, Title Date: ___________________________ CONTRACTOR: ___________________________________________________ Business Name s/_______________________________ Seal: _________________________________ Name, Title Date: ____________________________ Second Signature (See Section 12.8): s/_______________________________ _________________________________ Name, Title Date: ____________________________ ___________________________________________________ Contractor’s California License Number(s) and Expiration Date(s) END OF CONTRACT 155 CC 06-04-2024 155 of 530 2024 PAVEMENT MAINTENANCE PHASE 1 ATTACHMENT B LOCATION LIST MILL & FILL STREET NAME FROM TO BANDLEY DR ALVES STEVENS CREEK BETTE AVE GLENVIEW AVE BRENT BRENT DR CLIFFORD JOHN FARALLONE AVE PACIFICA LAS ONDAS FLORA VISTA AVE GREENLEAF GARDENA GARDEN GATE DR STELLING RD EAST END GRENOLA DR ANN ARBOR FLORA VISTA JOHNSON AVE BOLLINGER NEWSOM LARRY WAY MERRITT LUCILLE PRING CT STERLING END RAE LN LINDA VISTA END RANDY LN MERRITT LUCILLE STARRETT CT STERLING END STELLING RD 450' N OF 280 HOMESTEAD RD TAMARIND CT FLORA VISTA END TILSON AVE FINCH TANTAY 156 CC 06-04-2024 156 of 530 15 7 CC 06-04-2024 157 of 530 CITY OF CUPERTINO Agenda Item 24-13154 Agenda Date: 6/18/2024 Agenda #: 6. Subject: Approve a first amendment with All City Management Services, Inc. (ACMS) to provide crossing guard services for a total not-to-exceed amount of $1,688,800 extending the agreement date to June 30, 2026, and approve a budget modification in the amount of $78,707. 1. Authorize the City Manager to execute a First Amendment with All City Management Services, Inc. (ACMS) to continue to provide Crossing Guard Services, increasing the contract amount by $785,000 for a total not to exceed amount of $1,688,800 and extending the agreement date to June 30, 2026. 2. Adopt Resolution No. 24-064 approving budget modification #2324-304 and a budget adjustment in the amount of $78,707 in the General Fund for Fiscal Year 2024-2025 crossing guard services (100- 88-846 700-709). CITY OF CUPERTINO Printed on 6/12/2024Page 1 of 1 powered by Legistar™158 CC 06-04-2024 158 of 530 CITY COUNCIL STAFF REPORT Meeting: June 18, 2024 Subject Approve a first amendment with All City Management Services, Inc. to provide crossing guard services, for a total not to exceed amount of $1,688,800 extending the agreement date to June 30, 2026, and approve a budget modification in the amount of $78,707. Recommended Action 1. Authorize the City Manager to execute a First Amendment with All City Management Services, Inc. (ACMS) to continue to provide Crossing Guard Services, increasing the contract amount by $785,000 for a total not to exceed amount of $1,688,800 and extending the agreement date to June 30, 2026. 2. Adopt Resolution No. 24-XXX approving budget modification #2324-304 and a budget adjustment in the amount of $78,707 in the General Fund for Fiscal Year 2024-2025 crossing guard services (100-88-846 700-709). Reason for Recommendation The City of Cupertino has contracted with vendors to provide school crossing guard services at intersections throughout the City for some time . The guards typically work the morning school drop-off and afternoon school pick-up times, with hours that vary considerably depending on intersection, schools served and day of the week. Guard locations are determined through warrant studies that staff typically conducts every two years, and which are based on usage and traffic patterns at the intersections. The most recent warrant study was completed in 2022, with the next study anticipated for the Fall 2024. The Cupertino Union School District and the Fremont Union High School District are kept informed regarding the results of warrant studies and are included in the final determination of locations. In August 2021, the City Council awarded an agreement with ACMS to provide school crossing guard services at sixteen locations in the City of Cupertino for a period of three years, expiring on June 30, 2024, with the option to extend the agreement for two additional years. This contract was awarded as a result of an RFP that was solicited in June 2021. Over the past three years, ACMS has met all staff expectations of performance, and has been very responsive to staff and community feedback and 159 CC 06-04-2024 159 of 530 adjustments of school bell schedules. Anticipating the contract to be soon expired, in April, staff initiated discussions with ACMS to negotiate contract pricing for the two- year extension of the contract. Retention of crossing guards has historically been challenging due to the limited number of daily working hours and competition with neighboring cities that offer competitive rates. Additionally, the recent passage of California Assembly Bill (AB) 1228, which requires a minimum wage of $20/hour for fast food workers, has resulted in an additional draw on the pool of potential crossing guards. Considering these factors, contract negotiations resulted in a successful agreement on a billing rate of $38.95/hour for the 2024/25 school year and $41.45/hour for the 2025/26 school year, resulting in a not-to-exceed amount of $380,000 for the 2024/25 school year and $405,000 for the 2025/26 school year. There is no change in service level that is currently provided. This pricing allows ACMS to continue to draw and retain qualified staff, which in turn, is vital to the safety of students being able to walk or bike to school in Cupertino. This negotiated billing rate is identical to the rates being paid under contract in the City of Sunnyvale, the most proximate and significant competition for crossing guards. This amendment will extend the existing agreement for a period of two years, from July 1, 2024, through June 30, 2026. The Amendment contains a provision that allows the City to terminate the agreement at any time, for any reason. Sustainability Impact This contract encourages walking and bicycling by providing safe passage across streets for students traveling to school. This is consistent with both the Mobility Element of the General Plan, Goal M-3 (“Support a Safe Pedestrian and Bicycle Network for People of All Ages and Abilities”) and Measure C-T-1 of the Climate Action Plan (“Encourage multi-modal transportation, including walking and biking, through safety and comfort enhancements in the bicycle and pedestrian environment.”). Furthermore, students walking and bicycling to school reduces traffic congestion, which leads to reduced vehicle emissions, helping the City achieve air quality and greenhouse gas emission reduction goals. Fiscal Impact The Fiscal Year (FY) 24-25 Adopted Budget allocated $301,293 for Crossing Guard Contract Services (100-88-846-700-709). Although this amount represents the approximate average annual expenditure for crossing guard services over the three years of the current contract, each year has seen an increase of approximately 5.5% over the previous year, with the expenditure during the current and final year of the contract being approximately $320,000. Increased costs in FY 23-24 were funded by a carryover encumbrance for this contract. Increased costs for this contract were not known at the time of FY25 budget development. 160 CC 06-04-2024 160 of 530 Due to increases in the cost of living, in addition to reasons noted earlier, the negotiated annual cost to manage the crossing guard program is $377,456 at the billing rate of $38.95/hour for the 2024/25 school year, and $401,580 at the billing rate of $41.45/hour for the 2025/26 school year based upon a billing of approximately 9,690 hours per year at current school bell schedule and guard staffing hours. A not-to-exceed amount of $380,000 and $405,000 for the 2024/25 and 2025/26 school years, respectively, is being proposed to allow flexibility if crossing guard working hours need to be modified due to school bell time changes, adjustments based on field observations, etc. Consequently, an additional allocation of $78,707 will be required in FY 2024-25 to supplement the $301,293 currently budgeted. For FY26, if the contract is approved the base budget will increase by $25,000 to cover contract increases in that year. On June 7, 2022, the City entered into a five-year agreement with the Cupertino Union School District (CUSD) and the Fremont Union High School District (FUHSD), whereby each agreed to contribute $20,000 per year to the City to help fund crossing guard services. This revenue will partially offset the City’s general fund allocation resulting in estimated net costs to the City in FY25 of $360,000 and FY26 of $385,000 Considering the increasing cost of crossing guard services compared to previous years, staff will engage with CUSD and FUHSD to negotiate additional contributions to help offset the increasing cost of services. California Environmental Quality Act Not applicable. Prepared by: David Stillman, Transportation Manager Reviewed by: Chad Mosley, Director of Public Works Approved for Submission by: Pamela Wu, City Manager Attachments: A – Draft Contract B – Draft Resolution 161 CC 06-04-2024 161 of 530 .. CITY OF El CUPERTINO COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX : (408) 777-3333 CUPERTINO.ORG MEMORANDUM To: Chair Fung and Planning Commissioners From: Re: Luke Connolly, Assistant Director of Community Development Agenda Item #2 (Housing Element Rezoning and associated items) This memorandum includes redlines proposed to make corrections and clarifications to the proposed draft Municipal Code Amendments (see Attachment A) and summarizes comments received from various community members regarding agenda Item #2, the Housing Element updates rezoning and associated items. The comments are organized by items that are on the agenda and those that are not. Comments related to items on the agenda: 1. Comments were received regarding front setback requirements for single-family, R- la zoned lots affected by Strategy HE-1.3.6 of the Housing Element. A request has been received from community members that any properties utilizing Strategy HE- 1.3.6 to develop duplexes on these R-la lots be required to comply with the 30-foot front setback standard specified by the Rl-a Zoning District. 2. Comments were received regarding the proposed 55% Floor Area Ratio limitation and definition of "duplex" proposed in the implementation of Strategy HE-1.3.6 . 3. Regarding the newly proposed R-4 Zoning District, which applies to 40 of the .58 Housing Element Priority Housing Sites, comments have been received in favor of eliminating-the proposed dual maximum building h~ight standards of 5 stories and 70 feet in lieu of having just a 70-foot maximum building height, with no limitations on the number of stories allowed within the 70-foot height. 4. Comments were also received related to both vehicular and bicycle parking r:1tquirements. Particularly a comment was made about the parking requirements as it relate;"°to implement~tion of Strategy HE-1.3.6 for duplexes on Rl zoned comer lots and those that abutc:ommercial properties. The request is to change the standard to match those of Rl zoned properties, i.e., require 2 enclosed and 2 open parking spaces total, where R2 standards would require 1.5 enclosed and 1.5 open parking spaces per unit. 5 . Comments were received requesting changes to the Townhome (TH) Combining District related to several items including Floor Area Ratio, Height limits etc. 162 CC 06-04-2024 162 of 530 Comments related to items not on the agenda 1. Comments were received regarding existing development standards in the R-2 Zoning District, specifically related to lot coverage allowed, reducing the side-yard setbacks, and parking standards for the overall R2 zoning district that could further enhance implementation of Strategy HE-1.3.6, by incentivizing the development of missing middle housing units in the City's single-family neighborhoods. Development standards for the R2 zoning district are not being amended at this time since they are not part of implementation of the Housing Element. Recommendations on development standards in the R-2 zoning district can be presented at a later date, upon Council direction. Attachments: A -Redline pages from Municipal Code Amendments Resolution 163 CC 06-04-2024 163 of 530 Type of Permit or Admin-Arts and Planning istrative Culture Decision A, 8 ReviewA ,s Commission Commission 0Pnsitv Bonus r Adult-Oriented Commercial Activity -R (CUP) Architectural and Site Approval $ajorJ4: F -Al Minor K F -Al Amendment Major F,H --F Minor G F -Al Minor Modification F -Al Hillside Exception/ Height Exception/ --F Heart of the City Exception 1 Variance F -Al Status of non-F --conforming Use Wireless Antennas 1 F -F/ A 1 Signs Permits F -Al Neon, Reader board & Freeway Oriented F -F/A 1 Signs 1 Programs F -Al Exceptions 1 --F Parking Exceptions 1 F F-FA1 Correction City Council !Public Hearing/ Public Meeting/ Comment Period c Desk Item 6.11.24 PC Meeting Agenda Item #2 Noticing Posted Expiration Chapter/ Site Radius 0 Notice Date E Findings Section 19.56.060 B CA. Govt. 19 .128.030 F PH Code Yes 2 years & 65905/300' 19.128.040 A2 PM Yes 2 years 19.12 .110/ 19.168.030 A2 PM Yes 2 years Depends on 19 .44, Al Varies L permit being Yes 2 years 19 .144, amendedL 19.156, A2 Varies L Yes 2 years 19.164 A2 -None No 2 years 19.164 19.40.080, Al PH 19.12 .110/300' Yes 2 years 19.24.070, 19.136.090 A2 PH CA. Govt. Code 65905 Yes 2 years 19.156.060 Al PH 19.12.110/300' Yes -19.140.110 Depends on A2 Varies 1 application Yes 2 years 19.136.090 type A2 -None No I-year 19.104 A1/A2 PM 19 .12 .110/300' No 1 year 19 .104 A2 -None No 1 year 19 .104 Al PM 19 .12 .110/ Yes 1 year 19.104.290 Adjacent 19.12 .110/ A1/A2 VariesM Adjacent/ Yes 1 year 19 .124.050 300 ' N 164 CC 06-04-2024 164 of 530 Correction Type of Permit or Admin-Arts and Planning City istrative Culture Decision A, 8 ReviewA,B Commission Commission Council Fence Exceptions F -Al Al L Front Yard F AI --Interpretation R-1 Ordinance Permits Residential Design F Ii-F/A1 AIL/AZ Review 1 Minor Residential F -Al A2 Exceptions 1 -Ii--AIM Miscellaneous F ---Ministerial Permit Protected Trees Tree Removal F -Al AZ Heritage Tree F Al --Designation & Removal Tree Management Plan F -Al A2 Retroactive Tree F Al AZ -Removal Reasonable F Al A2 -Accommodation Extensions r Parking, Fence & Sign Exceptions & Front F -Al A2 Yard Interpretations Neon, Reader board & Freeway Oriented F Al AZ Signs Two Story Permits, Minor Residential F A l A2 Permits and Exceptions Tree Removals F -Al A2 All other projects F -Al AZ !Public Hearing/ Public Meeting/ Comment Period c PM PM Varies 1 CP PM None CP PM - - - - - - - - Noticing Radius 0 19 .12.110/ Adjacent 19.12.110/ Adjacent 19.12.110/ Adjacent Adjacent Adjacent unless exempt 19 .12.110/ 300' None None None None None None - 19.12.110/ None Posted Expiration Chapter/ Site Notice Date E Findings Yes 1 year 19.48.060 Yes 1 year 19.08 Yes 1 year 19.28.140 No 1 year Yes 1 year 19.28.150 Yes 1 year and 19.40.090 Yes 1 year 14 .18.180 Yes -14.18 No -14 .18 No -14.18 No 1 year 19.52.050 No 1 year No 1 year No 1 year No 1 year No 2 years 165 CC 06-04-2024 165 of 530 Clarification Uses A A-1 R-1 RHS RlC R-2 R-3 R-4 1821 . Transitional housing p p p p p p p r located in housing of a type permitted on the zone; -l-922 . Supportive housing p p p p p p p r located in housing of a type permitted in the zone 23, S:u1:rnortive housing, Rermanent, with no more than SO p4 p4 :units 24, Single-mom occ:uwncy -------CUP ;:: = = = = = = = (SRQ} :units Admin 25. Permanent emergency -------r = = = = = = = shelter that comRlies with ChaRter 12,SO 2.6(). Horticulture, gardening, and o-rowing of food products~7 a. Recreational for personal p p p p p p --= use; b. Limited to maximum of ten ------p r percent of the lot area and for consumption by occupants of the site; C. Produce grown on site may ---p ----= be sold if the business activity is conducted in a manner consistent with Chapter 19.120, Home Occupations d. Commercial purpose51 See #1 See #1 -CUP-----= Admin. 2z-1. Limited commercial -See #37 -See #37 -CUP-PC ----= recreation uses, such as riding clubs and related stables and trails, golf courses, swimming and picnic ground51 2~. Golf courses and driving CUP-CC CUP-CC ------= · range51 2~J. Commercial swimming CUP-CC CUP-CC ------= pools and picnic area51 30;?4 . Temporary uses subject to CUP-CUP -CUP- CUP-CUP- CUP-CUP-CUP- regulations established Admin. Admin. Admin. Admin. Admin. Admin. Admin. Admin, by Chapter 19 .156 166 CC 06-04-2024 166 of 530 19.38.060: Site Development Regulations Table 19.38.060 sets forth the rules and regulations pertaining to the Development Regulations for the development of property zoned R-4. Table 19,38,060 Site Develo1,1ment Regulations A, Density 1, Maximum as designated in the General Plan, 2. Develo1,1ment on sites with a reguired minimum density shall meet the minimum density established on the General Plan Land Use ma1,1, B, Minimum Net Lot Area 12,0011 sguare feet C. Minimum Lot Width (measured at 70 feet front building setback line) 19.38.070: Building Development Regulations Table 19.38.070 sets forth the rules and regulations pertaining to the development of multiple- family residential structures on property zoned R-4. Table 19,38,070: Building Develo1,1ment Regulations A. Maximum Lot 55% of net lot area, unless inconsistent with Section 65913,11, Coverage B, Maximum Height Limited to five stories (not to exceed 70 feet) C. Setbacks and Ste1,1backs First Floor U:1rner Floors 1, Front-;xard ■ If located on 1,1ro1,1erty ■ If located on 1,1ro1,1erty abutting an arterial or abutting an arterial or major collector: major collector, 35 feet ■ Floor 2 and 3: 35 feet from face of curb; and from face of curb. • Floors 4 and above: 18 feet, ~ • All other 1,1ro1,1erties: 12 ■ All other 1,1ro1,1erties: 18 feet from 1,1ro1,1erty feet from 1,1ro1,1erty line, line 2, Side-;xard i, Interior side 10 feet 10 feet and Additional 10 feet for floors more than one storx higher than an;x adjacent 1,1rimarx residential structure, ii, Street side rueet 3, Rear-;xard 30 feet 20 foet Hf 20% ef the • Floors 2 and 3: 30 fee~0 feet HF 20% ef the let defth, :whiehe¥ef is let defth, "'"hiehe•tef is gFeatef; and ~ ■ Floors 4 and above: Additional 15-10-feet. fol' fleeFs mefe thaa eae stePc highef thaa aR'i adjaeeat ffimaPc Fesideatial sb:11emfe. Correction 167 CC 06-04-2024 167 of 530 FIRST AMENDMENT TO AGREEMENT 311 BETWEEN THE CITY OF CUPERTINO AND ALL CITY MANAGEMENT SERVICES FOR CROSSING GUARD SERVICES AT VARIOUS SCHOOL LOCATIONS IN CUPERTINO This First Amendment to Agreement 311 is by and between the City of Cupertino , a municipal corporation (hereinafter "City") and All City Management Services, a Corporation ("Contractor") whose address is PO Box 847436 , Los Angeles , CA 90084-7436, and is made with reference to the following : RECITALS: A. On August 05, 2021 Agreement 311 ("Agreement") was entered into by and between City and Contractor for Crossing Guard Services at Various School Locations in Cupertino . B . City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows : 1. Paragraph 2 . of the Agreement is modified to read as follows: Services Contractor agrees to provide the services and perform the tasks ("Services ") set forth in detail in Scope of Services, attached here and incorporated as Exhibit A-1 . Contractor further agrees to carry out its work in compliance with any applicable local , State, or Federal order regarding COVID-19 . Exhibit A of the Agreement is replaced with a new Exhibit A-1 attached hereto. ·2. "Paragraph 3.1 ofthe·Agreement is modifieg'to read as follows : Time'of Performance This Agreement begins on the Effective Date and ends on June 30, 2026, with the option to renew for two additional years ("Contract Time"), unless terminated earlier as provided herein . Contractor's Services shall begin on the start ofFall 2024 school semester and shall be completed by.the copdusion of the 2026 school session, with the option to renew two years thereafter. 1ie City 's appropriate department head or the Cio/ Manag~r may extend the Contract Time through a written amendment to this Agreement, provided such extension does · not include additional contract funds . Extensions requiring additional contract funds are subject to the City's purchasing policy. 3. Paragraph 3 .2 of the Ag reement is modified to read as follows: Schedule of Performance Contractor must deliver the Services in accordance with the Schedule of Performance . Exhibit B of the Agreement is replac ed with a n ew Exhibit B -1 attached hereto . 1 168 CC 06-04-2024 168 of 530 Paragraph 4.1 of the Agreement is modified to read as follows : Maximum Compensation City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $1 ,688,879.04 ("Contract Price "), based upon the scope of services in Exhibit A-1 and the budget and rates included in Exhibit C- l , Compensation attached and incorporated here . The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. Exhibit C of the Agreement is replaced with a new Exhibit C -1 attached hereto. 4. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By ___________ _ Title __________ _ Date ------------ APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date ___________ _ EXPENDITURE DISTRIBUTION ALL CITY MANAGEMENT SERVICES By~ Title Secretary Date Jun 11, 2024 ==-==lt=em==--..C:::J;;;..;:::;__.=;_ _ _.;;_=P=O=N=um=b=e=r =====.:'========Am=o=u=n=t ===-==;-r ] -------___ ] _I -0-n-.g-in_a_l A-gr-ee_m_e-nt~I 2022-140 l-----------$-90-3-,8-7-9.-..0~ l==Am=e=nd=m=e=nt=l=::::::I 2022-140 I $785,00o.og I __ I $1,688,879.o~ Total 2 169 CC 06-04-2024 169 of 530 Draft Amendment 1 to All City Management Agreement for Routing Final Audit Report Created: By : Status : Transaction ID : 2024-06-04 Jindy Gonzalez Uindyg@cupertino.org) Signed CBJCHBCAABAA-98kKXhs77bNdEDatqNIG3OhlMOX5aDV 2024 -06 -11 "Draft Amendment 1 to All City Management Agreement for Rout ing" History f) Document created by Jindy Gonzalez Uindyg@cupertino .org) 2024-06-04-9:41 :10 PM GMT-IP address : 174.85 .102.16 18'. Document emailed to demetra@thecrossingguardcompany.com for signature 2024-06-04 -9:42:12 PM GMT f) Email viewed by demetra@thecrossingguardcompany.com 2024-06-04 -10:10:59 PM GMT-IP address : 174 .193.132 .104 f) Email viewed by demetra@thecrossingguardcompany.com 2024-06-07 -7:08:58 PM GMT-IP address : 174.193.132.104 f) Email viewed by demetra@thecrossingguardcompany.com 2024-06-10-3:16:36 PM GMT-IP address : 174 .193.132.78 fl Email viewed by demetra@thecrossingguardcompany.com 2024-06-11 -3:41 :48 PM GMT-IP address : 98.153 .194 .10 0c, Signer demetra@thecrossingguardcompany.com entered name at signing as Demetra Farwell 2024-06-11 -3:42 :43 PM GMT-IP address : 98 .153 .194.10 0c, Document e-signed by Demetra Farwell (demetra@thecrossingguardcompany.com) Signature Date : 2024-06-11 -3:42:45 PM GMT -Time Source : server-IP address : 98 .153 .194.10 0 Agreement completed. 2024-06-11 -3:42:45 PM GMT I Powef'edby Adobe <unllTINo Acrobat Sign 170 CC 06-04-2024 170 of 530 171 CC 06-04-2024 171 of 530 Attachment B RESOLUTION NO. 24-XXX A RESOLUTION OF THE CUPERTINO CITY COUNCIL AMENDING THE OPERATING BUDGET FOR FISCAL YEAR 2024-25 BY APPROPRIATING, TRANSFERRING, AND UNAPPROPRIATING MONIES FOR SPECIFIED FUNDS 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 amended appropriations, and therefore recommends the fund reallocations described herein. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the recommended fund reallocations 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 18th day of June 2024, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Sheila Mohan, Mayor City of Cupertino ________________________ Date ATTEST: ________________________ Kirsten Squarcia, City Clerk ________________________ Date 172 CC 06-04-2024 172 of 530 Attachment B Exhibit A Appropriation Amendment by Fund Appropriation Amendment Revenue Amendment Fund Balance (Use of) General Fund (100) $78,707 - (78,707) Total Appropriation Amendment All Funds $78,707 $- $(78,707) 173 CC 06-04-2024 173 of 530 CITY OF CUPERTINO Agenda Item 24-13212 Agenda Date: 6/18/2024 Agenda #: 7. Subject: Approve a First Amendment with Dan Gertmenian to provide educational classes and educational events for a total not-to-exceed amount of $879,348 and extending the contract date to August 31, 2025. Authorize the City Manager to execute a First Amendment with Dan Gertmenian, increasing the amount by $106,305 for a total contract amount not to exceed $879,348 and extending the term of the agreement to August 31, 2025. CITY OF CUPERTINO Printed on 6/12/2024Page 1 of 1 powered by Legistar™174 CC 06-04-2024 174 of 530 CITY COUNCIL STAFF REPORT Meeting: June 18, 2024 Subject Approve a First Amendment with Dan Gertmenian to provide educational classes and educational events for a total not-to-exceed amount of $879,348 and extending the contract date to August 31, 2025. Recommended Action Authorize the City Manager to execute a First Amendment with Dan Gertmenian, increasing the amount by $106,305 for a total contract amount not to exceed $879,348 and extending the term of the agreement to August 31, 2025. Reasons for Recommendation Background The City began offering Math Olympiads, Math Olympiads Honors, Math Olympiad Accelerated, Chess, Math Themed Events, Chess Events, Information Nights, Trial Math Classes, Optional Participant Events, Parent-Child Math Olympiad Classes, AMC-8 Preparatory Classes programs through Dan Gertmenian at the Creekside Park Building in Fall 2021 through an agreement executed and authorized by City Council on June 15, 2021. The contract terms include a 65/35 split on revenue collected for in-person classes and camps with the contractor receiving 65% of the revenue and the City receiving 35% of the revenue. Dan Gertmenian administers the program including hiring and training instructors and providing all class and camp materials. The City provides the facility, registration, and a listing in the recreation class schedule. Offering specialty recreation classes and programs through negotiated contracts such as these are an industry standard and occur commonly in surrounding cities such as Campbell, Sunnyvale, Santa Clara, and Mountain View. Dan Gertmenian continues to build and establish a positive reputation for this youth age program. Participation has steadily and consistently increased. As with all classes and programs offered through the Parks and Recreation Department, an increase in registration reflects greater community interest in the offerings and results in increased 175 CC 06-04-2024 175 of 530 revenue for the City. Increasing this contract will allow the Math Olympiads classes and programs to continue to be offered through August 2025 and continue to produce revenue for the City. The Amendment also provides time for Staff to develop a procedure for instructional contracts to align with the City’s recently revised purchasing policy. Sustainability Impact No sustainability impacts. Fiscal Impact The City currently has an agreement with Dan Gertmenian to provide Educational Classes Events. The programs are run through G/L account 580-62-613 Youth and Teen Recreation. The extended term of the contract will cover programmatic costs and estimates through August 31, 2025. Fiscal Year Total Revenue Total Contractor Payments City Net Revenue 2022 Actuals $156,172.51 $101,512.13 $54,660.38 2023 Actuals $291,328.08 $189,363.25 $101,964.83 2024 Projected $421,089.23 $273,708.00 $147,381.23 2025 Projected $484,252.62 $314,764.20 $169,488.42 Totals $1,352,842.43 $879,347.58 $473,494.85 California Environmental Quality Act Not applicable. Prepared by: Sonya Lee, Recreation Manager Robert Kaufman, Recreation Coordinator Reviewed by: Rachelle Sander, Director of Parks and Recreation Greg Card, CPPO, Purchasing Manager Approved for Submission by: Pamela Wu, City Manager Attachments: A – Dan Gertmenian Agreement B – Draft First Amendment 176 CC 06-04-2024 176 of 530 177 CC 06-04-2024 177 of 530 178 CC 06-04-2024 178 of 530 179 CC 06-04-2024 179 of 530 180 CC 06-04-2024 180 of 530 181 CC 06-04-2024 181 of 530 182 CC 06-04-2024 182 of 530 183 CC 06-04-2024 183 of 530 184 CC 06-04-2024 184 of 530 185 CC 06-04-2024 185 of 530 186 CC 06-04-2024 186 of 530 187 CC 06-04-2024 187 of 530 188 CC 06-04-2024 188 of 530 189 CC 06-04-2024 189 of 530 190 CC 06-04-2024 190 of 530 191 CC 06-04-2024 191 of 530 192 CC 06-04-2024 192 of 530 193 CC 06-04-2024 193 of 530 194 CC 06-04-2024 194 of 530 195 CC 06-04-2024 195 of 530 196 CC 06-04-2024 196 of 530 197 CC 06-04-2024 197 of 530 198 CC 06-04-2024 198 of 530 1 FIRST AMENDMENT TO AGREEMENT 21-001 BETWEEN THE CITY OF CUPERTINO AND DAN GERTMENIAN FOR MATH OLYMPIADS, MATH OLYMPIADS HONORS, MATH OLYMPIAD ACCELERATED, CHESS, MATH THEMED EVENTS, CHESS EVENTS, INFORMATION NIGHTS, TRIAL MATH CLASSES, OPTIONAL PARTICIPANT EVENTS, PARENT-CHILD MATH OLYMPIAD CLASSES, AMC-8 PREPARATORY CLASSES This First Amendment to Agreement 21-001 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and DAN GERTMENIAN, a Sole Proprietorship/ Individual (“Contractor”) whose address is 167 ACALANES DR, #15, SUNNYVALE, CA 94086, and is made with reference to the following: RECITALS: A. On June 25, 2021, Agreement 21-001 (“Agreement”) was entered into by and between City and Contractor for Math Olympiads, Math Olympiads Honors, Math Olympiad Accelerated, Chess, Math Themed Events, Chess Events, Information Nights, Trial Math Classes, Optional Participant Events, Parent-Child Math Olympiad Classes, AMC-8 Preparatory Classes. B. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 3 of the Agreement is modified to read as follows: Term. This contract begins on the Effective Date and ends on 08/31/2025 (“Contract Time”), unless extended or terminated as provided herein. Time is of the essence and Contractor must have sufficient time, resources, and qualified staff to deliver the Services as required. Contractor must promptly notify City of any actual or potential delays to afford the Parties adequate opportunity to address or mitigate such delays. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 2. Paragraph 4 of the Agreement is modified to read as follows: Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will be based upon actual costs but that will be capped so as not to exceed $879,348 (“Contract Price”), based upon the Scope of Services, budget, performance schedule, and rates included in Exhibit A. The maximum compensation includes all costs, expenses, and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. Contractor must submit invoices and the information required in Exhibit A in order to receive payment. City will compensate Contractor within thirty (30) days after approval of written invoices. Invoices are subject to review and audit by City during regular business hours upon 24 hours’ notice. Contractor must maintain complete and accurate records of payrolls, expenditures, disbursements and other cost items charged to City or establishing the basis for an invoice, for a minimum of four (4) years from the date of the final payment. 199 CC 06-04-2024 199 of 530 2 3. Paragraph 5.2 of the Agreement is modified to read as follows: Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERs) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above. 4. Exhibit A of the Agreement is modified as follows under the following section (s): Compensation for CONTRACTOR Services: Contractor shall be compensated for services performed pursuant to this Agreement. For a class taught in person, 65% of the resident fee based on final class rosters, minus copier use fees. City and Contractor may mutually agree for Contractor to teach a class online rather than in person, provided that City and Contractor reach agreement for compensation for that online class. Compensation for that online class shall be specified in writing in a separate side agreement before online instruction for a class begins. The total compensation to the Contractor shall not exceed $879,348. 5. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 200 CC 06-04-2024 200 of 530 3 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By Title Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date DAN GERTMENIAN By Title Date EXPENDITURE DISTRIBUTION Item PO Number Amount Base Amount 2022-89, 2023-57, 2024-100 773,043.00 First Amendment 106,305.00 - - 879,348.00 201 CC 06-04-2024 201 of 530 CITY OF CUPERTINO Agenda Item 24-13223 Agenda Date: 6/18/2024 Agenda #: 8. Subject: Award an agreement to Cascadia Consulting Group, Inc. for waste characterization services in an amount not to exceed $223,466. Authorize the City Manager to execute an agreement with Cascadia Consulting Group, Inc. for waste characterization services in an amount not to exceed $223,466. CITY OF CUPERTINO Printed on 6/12/2024Page 1 of 1 powered by Legistar™202 CC 06-04-2024 202 of 530 CITY COUNCIL STAFF REPORT Meeting: June 18, 2024 Subject Award an Agreement to Cascadia Consulting Group, Inc. for waste characterization services in an amount not to exceed $223,466. Recommended Action Authorize the City Manager to execute an agreement with Cascadia Consulting Group, Inc. for waste characterization services in an amount not to exceed $223,466. Reasons for Recommendation The City of Cupertino intends to prepare a waste characterization report for all materials collected in Cupertino from all categories of customers (single-family, multi-family, and commercial). The report involves hand sorting materials from all three carts (organics, recyclables, and landfill waste) into 52 categories to get a detailed understanding of what items are not being sorted correctly. It is the only way to really understand how Cupertino residents and businesses are doing with sorting and what specific materials are problematic. This is distinct from the daily sorting conducted on the materials sent by Recology to GreenWaste, which is only performed on the contents of the blue carts and only for the purpose of removing contaminants and preparing material for the recycling market. The City last conducted this type of report in 2018 and 2019. A waste characterization report analyzes the efficacy of sorting practices by customers, evaluates City’s progress toward State and Local waste reduction requirements, guides outreach efforts, and is an action called out in the City’s Climate Action Plan 2.0. A budget of $250,000 for this item was approved for the current fiscal year and a competitive Request for Proposal (RFP) process was conducted in April 2024. A sole proposal received from Cascadia Consulting Group, Inc. was reviewed and evaluated by staff and determined to meet the project qualifications and scope of work. Cascadia Consulting Group, Inc., is the firm that conducted the most recent study. The proposal came in at $223,466, which is eleven percent under the approved budget for this item and no contingency is included or deemed necessary due to the nature of the work. Based on the current proposal qualifications, quality of work from the most recent study and efficiency of contracting with a consultant that will be repeating a process, staff 203 CC 06-04-2024 203 of 530 recommends awarding an agreement to Cascadia Consulting Group, Inc. so that the work can commence immediately. Sustainability Impact Waste Characterization studies are called out as action W 1.11 in Cupertino’s Climate Action Plan, guiding the City to “Conduct waste characterization studies (WCS) every four to five years to inform programs and policies.” Fiscal Impact Award of this contract will result in a fiscal impact of $223,466. Sufficient funds are budgeted in the Resource Recovery fund 520-81-801 700-702 with no impact on the General Fund. No additional appropriations are needed. California Environmental Quality Act (CEQA) Not applicable. _____________________________________ Prepared by: Ursula Syrova, Environmental Programs and Sustainability Manager Reviewed by: Chad Mosley, Director of Public Works Approved for Submission by: Pamela Wu, City Manager Attachments: A – Draft Cascadia Professional Consultant Agreement 204 CC 06-04-2024 204 of 530 Cascadia Consulting Group, Inc. Waste Characterization Study Page 1 of 9 Professional/Consulting Contracts /Version: April 2024 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1.PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and Cascadia Consulting Group, Inc (“Contractor”), a Corporation for Cascadia Consulting Group, Inc., for Waste Characterization Study, and is effective on the last date signed below (“Effective Date”). 2.SERVICES 2.1 Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Contractor’s duties and services under this agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement. 3.TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on May 30, 2026 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by May 30, 2026. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. Attachment A 205 CC 06-04-2024 205 of 530 Cascadia Consulting Group, Inc. Waste Characterization Study Page 2 of 9 Professional/Consulting Contracts /Version: April 2024 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $223,466.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event 206 CC 06-04-2024 206 of 530 Cascadia Consulting Group, Inc. Waste Characterization Study Page 3 of 9 Professional/Consulting Contracts /Version: April 2024 that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 207 CC 06-04-2024 207 of 530 Cascadia Consulting Group, Inc. Waste Characterization Study Page 4 of 9 Professional/Consulting Contracts /Version: April 2024 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment. Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: 208 CC 06-04-2024 208 of 530 Cascadia Consulting Group, Inc. Waste Characterization Study Page 5 of 9 Professional/Consulting Contracts /Version: April 2024 (a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, or a purchase order, or other transaction. 11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6 This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 209 CC 06-04-2024 209 of 530 Cascadia Consulting Group, Inc. Waste Characterization Study Page 6 of 9 Professional/Consulting Contracts /Version: April 2024 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Ursula Syrova as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Brandy Do as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be 210 CC 06-04-2024 210 of 530 Cascadia Consulting Group, Inc. Waste Characterization Study Page 7 of 9 Professional/Consulting Contracts /Version: April 2024 compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 211 CC 06-04-2024 211 of 530 Cascadia Consulting Group, Inc. Waste Characterization Study Page 8 of 9 Professional/Consulting Contracts /Version: April 2024 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Ursula Syrova Email: ursulas@cupertino.org To Contractor: Cascadia Consulting Group, Inc 1109 First Ave, Suite 400 Seattle, WA 98101 Attention: Brandy Do Email: Brandy@cascadiaconsulting.com 27. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated 212 CC 06-04-2024 212 of 530 Cascadia Consulting Group, Inc. Waste Characterization Study Page 9 of 9 Professional/Consulting Contracts /Version: April 2024 by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Name Title Title Date Date APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date 213 CC 06-04-2024 213 of 530 CITY OF CUPERTINO Agenda Item 24-13235 Agenda Date: 6/18/2024 Agenda #: 9. Subject: Minor correction to amendment to MIG, Inc. Design Professional Agreement approved at the June 4 City Council meeting to increase not-to-exceed amount of contract by $45,000, to amount of $512,411. Approve the corrected not-to-exceed total agreement amount as outlined in the draft amendment to the MIG, Inc. Design Professional Agreement. CITY OF CUPERTINO Printed on 6/12/2024Page 1 of 1 powered by Legistar™214 CC 06-04-2024 214 of 530 CITY COUNCIL STAFF REPORT Meeting: June 18, 2024 Subject Minor correction to amendment to MIG, Inc. Design Professional Agreement approved at the June 4 City Council meeting to increase not-to-exceed amount of contract by $45,000, to amount of $512,411. Recommended Action Approve the corrected not-to-exceed total agreement amount as outlined in the draft amendment to the MIG, Inc. Design Professional Agreement. Reasons for Recommendation Since City Council’s approval, staff learned the recommended action as outlined did not match the contract amount. Proposed recommended action #4 should have been stated as follows (corrected amount shown in underline while the incorrect amount is shown in strikethrough): 8. Subject: Construction contract and a proposed amendment to the design consultant agreement and construction management services for the All-Inclusive Playground at Jollyman Park project Recommended Action: 1. Award a construction contract for the All-Inclusive Playground at Jollyman Park Project (budget unit 420-99-051) in the amount of $3,863,430 to QLM, Inc.; 2. Authorize the City Manager to execute the contract with QLM, Inc. when all conditions have been met; 3. Authorize the Director of Public Works to execute any necessary construction change orders with QLM, Inc., up to a contingency amount of $386,350 (10%), for a total contract amount of $4,249,780; 4. Authorize the City Manager to execute an amendment to the agreement with MIG, Inc. for Design Professional Services on the All-Inclusive Playground at Jollyman Park project (420-99-051, PO# 2022-0326) increasing the contract amount by $45,000, for a new total not-to-exceed contract amount of $467,411, $512,411 215 CC 06-04-2024 215 of 530 5. Authorize the City Manager to execute a professional services agreement with 4Leaf, Inc. for construction management services for a total not-to- exceed contract amount of $393,081; and 6. Adopt Resolution No. 24-049 approving budget modification #2324-304, approving a transfer out of $500,000 from the Park Dedication Fund (280) and a transfer into the All-Inclusive Playground at Jollyman Park Project (budget unit 420-99-051) and appropriating $500,000 to this project. There are no additional changes to other actions. As approved by Council on December 7, 2021, the MIG agreement for the Jollyman All- Inclusive Playground (AIPG) project is executed in the amount of $389,511 a contingency amount of $77,900, for a total not-to-exceed amount of $467,411. The Amendment to the Agreement increases the not-to-exceed amount by $45,000, for a new total not-to-exceed amount of $512,411. Sustainability Impact No impact. Fiscal Impact The recommended action corrects a typographical error with no fiscal impact. The edit corrects the Council action such that the rectified not-to-exceed amount in the recorded action reflects the approved contract amendment of $45,000, as is correctly recorded in the draft contract amendment. California Environmental Quality Act (CEQA) Not applicable. Prepared by: Susan Michael, Capital Improvement Programs Manager Reviewed by: Chad Mosley, Director of Public Works Reviewed by: Christopher Jenson, City Attorney Approved for Submission by: Pamela Wu, City Manager Attachments: A – Draft Agreement Amendment – MIG, Inc. (6/4/2024 attachment) 216 CC 06-04-2024 216 of 530 SIXTH AMENDMENT TO AGREEMENT 401 BETWEEN THE CITY OF CUPERTINO AND MIG. INC FORALL- INCLUSIVE PLAYGROUND AT JOLLYMAN PARK This Sixth Amendment to Agreement 401 between the City of Cupertino, a municipal corporation (hereinafter "City") and MIG, Inc, a Corporation ("Contractor") whose address is 2055 Junction Ave, Suite 205, San Jose, CA 95131, and is made with reference to the following: RECITALS: A. On December 09, 2021 Agreement 401 ("Agreement") was entered into by and between City and Contractor for All-Inclusive Playground at Jollyman Park. B. The City and the Contractor entered into a First Amended Agreement ("First Amended Agreement") effective October 13, 2022; and C. The City and the Contractor entered into a Second Amended Agreement ("Second Amended Agreement") effective July 14, 2023; and D. The City and the Contractor entered into a Third Amended Agreement ("Third Amended Agreement") effective September 7, 2023; and E. The City and the Contractor entered into a Fourth Amended Agreement ("Third Amended Agreement") effective April 8, 2024; and F. The City and the Contractor entered into 1a Fifth Amended Agreement ("Third Amended Agreement") effective May 22, 2024; and G. The Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment and Fifth Amendment are collectively referred to as the "Agreement" unless otherwise indicated. H. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 4.1 Maximum Compensation of the Agreement is modified to read as follows: City will pay Consultant for satisfactory performance of the Service a total amount that will be based upon actual costs but that will be capped so as not to exceed $512,411.00 ("Contract Price"), based on the budget and rates set forth in Exhibit C, Compensation, and attached and incorporated here . The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant's actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price. Exhibits A and A-1 and A-2 and A-3 and A-4 of the Agreement are modified to include Exhibit A-5 Additional Services, attached hereto. 1 217 CC 06-04-2024 217 of 530 2 . Paragraph 4.3 Additional Services of the Agreement is modified to read as follows: City has the discretion, but not the obligation, to authorize Additional Services up to an amount not to exceed $45,000.00 . Additional Services provided to City 's reasonable satisfaction will be compensated on a lump sum basis or based on time and expenses, in accordance with the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. If paid on an hourly basis, Consultant will be compensated for actual costs only of normal business expenses and overhead, with no markup or surcharge. ("Reimbursable Expenses"). Consultant will not be entitled to reimbursement for copying, printing, faxes, telephone charges, employee overtime, or travel to City offices or to the Project site . Exhibits A and A-1 and A-2 and A-3 and A-4 of the Agreement are modified to include Exhibit A-5 Additional Services, attached hereto. 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed . CITY OF CUPERTINO MIG,INC By ___________ _ ~}~ By ___________ _ Title Title Vice President and Chief Development Officer ------------ Date Date May 23, 2024 ------------ APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date ------------ 2 218 CC 06-04-2024 218 of 530 EXPENDITURE DISTRIBUTION I Item II PO Number Amount I lorisinal Asreement 11 2022-326 $389,511.09 !Amendment 1 II I $12:000.og !Amendment 2 11 I $18,250.09 !Amendment 3 11 I $38,409 !Amendment 4 11 Extend Term to 6/30/2026 I 0 !Amendment 5 11 II $9,259 !Amendment 6 11 II $45,oog !Total 1, II $512 24111 3 219 CC 06-04-2024 219 of 530 FIFTH AMENDMENT TO AGREEMENT 401 BETWEEN THE CITY OF CUPERTINO AND MIG. INC FOR ALL- INCLUSIVE PLAYGROUND AT JOLLYMAN PARK This Fifth Amendment to Agreement 401 between the City of Cupertino, a municipal corporation (hereinafter "City") and MIG, Inc, a Corporation ("Contractor") whose address is 2055 Junction Ave, Suite 205, San Jose, CA 95131, and is made with reference to the following: RECITALS: A. On December 09, 2021 Agreement 401 ("Agreement") was entered into by and between City and Contractor for All-Inclusive Playground at Jollyman Park. B. The City and the Contractor entered into a First Amended Agreement ("First Amended Agreement") effective October 13, 2022; and C. The City and the Contractor entered into a Second Amended Agreement ("Second Amended Agreement") effective July 14, 2023; and D. The City and the Contractor entered into a Third Amended Agreement ("Third Amended Agreement") effective September 7, 2023; and E. The City and the Contractor entered into a Fourth Amended Agreement ("Third Amended Agreement") effective April 8, 2024; and F. The Agreement, First Amendment, Second Amendment, Third Amendment and Fourth Amendment are collectively referred to as the "Agreement" unless otherwise indicated. G. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 4.1 Maximum Compensation of the Agreement is modified to read as follows: City will pay Consultant for satisfactory performance of the Service a total amount that will be based upon actual costs but that will be capped so as not to exceed $467,411.00 ("Contract Price"), based on the budget and rates set forth in Exhibit C, Compensation, and attached and incorporated here . The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant's actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price. Exhibits A and A-1 and A-2 and A-3 of the Agreement are modified to include Exhibit A-4 Additional Services, attached hereto. 1 220 CC 06-04-2024 220 of 530 2. Paragraph 4.3 Additional Services of the Agreement is modified to read as follows: City has the discretion, but not the obligation, to authorized Additional Services up to an amount not to exceed $9,250 .00. Additional Services provided to City's reasonable satisfaction will be compensated on a lump sum basis or based on time and expenses, in accordance with the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C . If paid on an hourly basis, Consultant will be compensated for actual costs only of normal business expenses and overhead, with no markup or surcharge. ("Reimbursable Expenses"). Consultant will not be entitled to reimbursement for copying, printing, faxes, telephone charges, employee overtime, or travel to City offices or to the Project site. Exhibits A and A-1 and A-2 and A-3 of the Agreement are modified to include Exhibit A-4, Additional Services, attached hereto. 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By ~f- Title Director of Public Works Date May 22, 2024 APPROVED AS TO FORM ChrisfopherD.Yensen City Attorney ATTEST: ~~ City Clerk Date May 22, 2024 MIG, INC ~}6r--By ___________ _ Title Vice President and Chief Development Officer Date May 22, 2024 2 221 CC 06-04-2024 221 of 530 EXPENDITURE DISTRIBUTION I Item Ii PO Number II Amount 11 1Ori~inal A~reement 11 2022-326 11 $389,511.og 1 !Amendment 1 11 II $12,000.0g 1 )Amendment 2 11 II $1s,2so.og l )Amendment 3 11 II $38,4og 1 !Amendment 4 11 Extend Term to 6/30 /2026 11 ci 1 IAmendment 5 11 II $9,2sg i )Total 11 II $467,4111 3 222 CC 06-04-2024 222 of 530 April 2, 2024 Susan Michael, Capital Projects Programs Manager City of Cupertino, City Hall 10300 Torre Ave. Cupertino, CA 95014 Re: Additional Services #4 Jollyman Park Inclusive Playground (MIG proj. no. 30902) Dear Susan, EXHIBIT A-4 We are requesting use of contingency to assist the City with building permit application form, hardship form, project manual edits, and costs; creation of the SWMP for permit application; and additional bid support. The following summarizes the MIG team's request for additional work and fees that are above and beyond the original contract, signed Dec . 9, 2021. All other terms in the original contract remain in effect. Add Services (Task 9: Permit Assistance) We are requesting additional fees to requested assistance w ith building permit : Task 9 Permit Assistance • Creation and submittal of SWMP $1,800 (BKF) • Supplemental permit application and bid support $7,450 (team) Total Add Service #4 : $9,250 $9,250 Your emailed authorization to proceed so we can begin this work will help us meet internal City schedule needs is much appreciated. Sincerely, < Melissa Erikson Principal, Director of Community Design Services MIG PLANNING I DESIGN I COMMUNICATIONS I MANAGEMENT ! SCIENCE ! TECHNOLOGY 800 Hearst Avenue • Berkeley, CA 94710 • USA • 510-845-7549 • www.migcom.com Offices in: California • Colorado • Oregon • Texas • Washington 223 CC 06-04-2024 223 of 530 FOURTH AMENDMENT TO AGREEMENT 401 BETWEEN THE CITY OF CUPERTINO AND MIG, INC FOR ALL-INCLUSIVE PLAYGROUND AT JOLLYMAN PARK This Fourth Amendment to Agreement 401 between the City of Cupertino and MIG, Inc is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and MIG, Inc, a Corporation ("Contractor") whose address is 2055 Junction Ave, Suite 205, San Jose, CA 95131, and is made with reference to the following: RECITALS: A. On December 09, 2021 Agreement 401 ("Agreement") was entered into by and between City and Contractor for All-Inclusive Playground at Jollyman Park. B. The City and the Contractor entered into a First Amended Agreement ("First Amended Agreement") effective October 13, 2022; and C. The City and the Contractor entered into a Second Amended Agreement ("Second Amended Agreement") effective July 14, 2023; and D. The City and the Contractor entered into a Third Amended Agreement ("Third Amended Agreement") effective September 7, 2023; and E. The Agreement, First Amendment, Second Amendment and Third Amendment are collectively referred to as the "Agreement" unless otherwise indicated. F. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 3.1 of the Agreement is modified to read as follows: Term. This Agreement begins on the Effective Date and ends on June 30, 2026, unless terminated earlier as provided herein ("Contract Time"). The City's appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City's purchasing policy. 2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 224 CC 06-04-2024 224 of 530 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO MIG ,INC ~r-By __________ _ ~}-6;---By __________ _ Title Assistant Director of Public Works Title Vice President and Chief Development Officer Date Apr 8, 2024 Date Apr 8, 2024 APPROVED AS TO FORM City Attorney ATTEST: City Clerk Apr8,2024 Date __________ _ EXPENDITURE DISTRIBUTION I Item II PO Number II Amount I I Original Agreement II 2022-326 II $389,511.0~ I Amendment 1 11 I $12 ,000.0~ I Amendment2 11 I $18,250.0~ I Amendment 3 11 I $38 ,40~1 II I I Amendment4 Extend Term to 6/30/2026 I I I Total 11 I $458 ,161 1 I 2 225 CC 06-04-2024 225 of 530 ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 3/26/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~:i~cT Mandy Guo AssuredPartners Design Professionals Insurance Services, LLC r.~~N,_t r-••· 510-272-1402 I FAX 3697 Mt. Diablo Blvd Suite 230 /A/C Nol: Lafayette CA 94549 ~t1D'1{~ss: CertsDesi~nPro@AssuredPartners.com INSURER(S) AFFORDING COVERAGE NAIC# License#:6003745 INSURER A: BERKLEY INSURANCE COMPANY 32603 INSURED MIGINC0-01 INSURER B : Travelers Property Casualty Company of America 25674 MIG, Inc. INSURER c : The Travelers Indemnity Company of Connecticut 25682 Moore lacofano Goltsman, Inc. 800 Hearst Ave INSURER D : The Travelers Indemnity Company 25658 Berkeley CA 94710 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 358873288 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,~ft lun,ft POLICY NUMBER /MMIDD/YYYYl /MM/DD/YYYYl LIMITS C X COMMERCIAL GENERAL LIABILITY y y 6801H899998 8/31/2023 8/31/2024 EACH OCCURRENCE $1 ,000,000 -0 CLAIMS-MADE 0 OCCUR DAMAGE TU RENTED -PREMISES (Ea occurrence) $1,000,000 X Contractual Liab -MED EXP (Any one person) $10,000 _ Included PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ~ POLICY 0 jrg: □ LOC PRODUCTS • COMP/OP AGG $2,000 ,000 OTHER: $ C AUTOMOBILE LIABILITY y y BAOS579947 8/31/2023 8/31/2024 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) >--- X ANY AUTO BODILY INJURY (Per person) $ >---OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ >--HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per accident\ $ >-->-- $ B X UMBRELLA LIAB MOCCUR y y CUPOH758762 8/31/2023 8/31/2024 EACH OCCURRENCE $10,000,000 >-- EXCESS LIAB CLAIMS-MADE AGGREGATE $10 ,000,000 DED I X I RETENTION$ n $ D WORKERS COMPENSATION y UB2L553909 8/31/2023 8/31/2024 X I ~ffTurE I I OTH- ER AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTI VE ~ N/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 ~~;t~(tffi~ on/OPERATIONS below E.L. DISEASE· POLICY LIMIT $1,000,000 A Professional Liability & AEC907002005 8/31/2023 8/31/2024 Per Claim/5,000 ,000 $5 ,000,000/Aggr Contr. Pollution Liab Included Included DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Umbrella Liability policy is a follow-form to its underlying Policies: General Liability/Auto Liability/Employers Liability. Re: Jollyman Park All-Inclusive Playground. The City of Cupertino, its City Council, officers , officials, employees , agents , servants and volunteers are named as an additional insured as respects general liability and auto liability as required per written contract. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s). CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Cupertino 10300 Torre Ave . AUTHORIZED REPRESENTATIVE Cupertino CA 95014 ~ © 1988-2015 ACORD CORPORATION. All rights reserved . ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 226 CC 06-04-2024 226 of 530 POLICY NUMBER: 680-1H899998 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under 1he following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before.and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II -Who Is An Insured is amended to in- clude as an additional insured the per.son(s) or organization(s) shown in the Schedule, put only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by: • 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above . B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply : CG D3 610305 This insur.ance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or ''advertising injury" arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service , mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted ; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. Copyright 2005 The St. Paul Travelers Companies , Inc. All rights reserved . CG TB 03 08 23 ncludes copyrighted material of Insura nce Services Office, Inc . with its permission. DATE OF ISSUE : 08/06/2023 Page 1 of 1 227 CC 06-04-2024 227 of 530 POLICY NUMBER : 680-1H899998 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products-completed operations hazard, provided that such contract was signed by you before, and is in effect when, the "bodily injury or ''property damage" occurs. Location And Description Of Completed Operations Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the CG 20 37 07 04 location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products-completed opera- tions hazard". CG TS 04 08 23 © ISO Properties , Inc ., 2004 DATE OF ISSUE: 08/06/2023 Page 1 of 1 228 CC 06-04-2024 228 of 530 Policy# sso 1H ssssss COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares , we will follow this method also . Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of Insurance to the total applicable limits of insurance of all insurers . Primary And Non-Contributory Insurance If a. The statements i n the Declarations are accurate and complete ; b. Those statements are based upon representations you made to us ; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations . --)~d. Required By Written Contract ~-Separation Of Insureds If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis , or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily inj.Jry'' or "property damage" fo r which coverage is sought occurs ; and (2) The "personal and adwrtising injury" for which coverage is sought is caused by an offense that is committed ; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all prem iums for this Coverage Part in accordance with our rules and rates . b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned prem ium for that period and send notice to the first Named Insured . The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium , we will return the excess to the first Named Insured . c. The first Named Insured must keep records of the information we need for premium computation , and send us copies at such t imes as we may request. 6. Representations By accept ing this pol icy, you ag ree: Except with respect to the Limits of Insurance , and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the on ly Named Insured ; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us . The insured must do nothing after loss t0 impai r them . At ou r request, the insured will bring "suit" or transfer those rights to us and help us enforce them . 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or del iver to the first Named Insured shown in the Declarations written not ice of the nonrenewal not less than 30 days before the e:i<piration date . If notice is mailed , proof of ma iling wi ll be sufficien t proof of notice. SECTION V -DEFINITIONS 1 . "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods , products or services for the purpose of attracting customers or supporters. For the purposes of this definition : a. Notices that are published include mate ri al placed on the Internet or on similar electronic means of communication ; and b. Regarding websites, on ly that part of a webs ite that is about your goods , products or services for t he purposes of attracting customers or s upporters is cons idered an adve rt isement. Page 16 of 2 1 © 2017 The Tra vele rs Indemnity Company. All righ ts reserv ed . CG T1 00 0219 Includes co pyright ed material of Insurance Services Office, Inc. with its pe rmission . 229 CC 06-04-2024 229 of 530 Policy # sao1Ha999 9a occupational therapist or occupationa l therapy ass istant , physical therapist or speech-language pathologist ; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I - COVERAGES -COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodi ly injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II - Who Is An Insured. K. MEDICAL PAYMENTS -INCREASED LIMIT The following replaces Paragraph 7. of SECTION 111-LIMITS OF INSURANCE : 7. Subject to Paragraph 5 . above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000 ; or b. The amount shown in the Declarat ions of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION -PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS : This insurance is excess over any of the other insurance , whether primary, excess , contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services ordinance relating to the sale of➔ M pharmaceuticals committed by, or with the • exclusion of Coverage A or Coverage B. BLANKET WAIVER OF SUBROGATION - WHEN REQUIRED BY WRITTEN CONTRACT knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section : "Incidental medical services" means : a. Medical , surgical, dental , laboratory , x- ray or nursing service or treatment , advice or instruction , or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medica l, dental , or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance , of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS : This insurance is excess over any valid and collectible other insurance , whether primary , excess , contingent or on any othe r basis , OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us , of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS : If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization , we waive our right of recovery against such person or organization , but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs ; or b. "Personal and advertising injury" caused by an offense that is committed ; subsequent to the s ign ing of tha t contract or agreemen t. CG 03-79-02-19 ----2017 Thi:Traveters tm:lemnityi:ompany. Alhights reserved-. -Page 5 of6 Inclu des cop yrighted mate rial of Insurance Serv ices Office , Inc. wit h its pe rmi ss ion. 230 CC 06-04-2024 230 of 530 Policy Number: BA0S579947 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 cover- age description only. Limitations and exclusions may apply to these coverages . Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights , duties , and what is and is not covered . A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -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 dur- ing 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 un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever 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 addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which 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 -COV- ERED AUTOS LIABILITY COVERAGE : An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission. while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5 .. Other Insurance, of SECTION IV -BUSI- NESS AUTO CONDITIONS : b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "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 in an "employee's" name, with your CA T3 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission . 231 CC 06-04-2024 231 of 530 COMMERCIAL AUTO perm1ss1on, while performing duties related to the conduct of your busi- ness . However, any "auto" that is leased , hired, rented or borrowed with a driver is not a 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 us- ing 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 LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) 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 LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request , including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph 8.7., Policy Period, Coverage Territory , of SECTION IV -BUSINESS AUTO CONDI- TIONS : (5) Anywhere in the world , except any country or jurisdiction wh il e any trade sanction , em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisd iction , for Cov- ered 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) or membe rs 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 "in- sured" against, and investigate or set- tle any such claim or "su it" and keep us advised of all proceedings and ac- tions . (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 th is insurance applies , that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Lim its Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE . (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para - graph 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 ove r any valid and collectible othe r insurance available to the "insured " whether primary , excess , contingent or on any other basis . (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outs ide the United States , its te r- ritories and possess ions , Puerto Rico and Canada. Page 2 of-4 © 20f5 The Tra veler naemnity-Company. Alll'ights rest!!Ve-d. CA T3 5-3 0 2 15 Incl ud es copyrighted ma terial of In surance Services Offi ce , Inc. wi th it s permission . 232 CC 06-04-2024 232 of 530 You agree to ma intain all requ ired or compulsory insurance in any such coun- try 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 in- surance requ irements . (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America , its territories and possessions , Puerto Rico and Can- ada. We assume no respons ibility 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 Paragrap h D ., Deducti- ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to 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 Para - graph A.4.b., Loss Of Use Expenses , of SEC- TION Ill -PHYSICAL DAMAGE COVERAGE : However , the most we will pay fo r any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ill -PHYSICAL DAMAGE COVER- AGE : We will pay up to $50 per day to a maximum of $1 ,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenge r type . J . PERSONALPROPERTY The following is added to Paragraph A.4 ., Cover- age Extensions , of SECTION Ill -PHYSICAL DAMAGE COVERAGE : Personal Property We will pay up to $400 fo r "lo ss" to wearing ap- parel and othe r pe rsonal property w hich is: (1 ) Owned by an "insu red"; 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., Exclu- sions, 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 in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy ; b. The airbags are not covered under any war- ranty ; 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 representa - t ive prompt notice of the "accident" or "loss " ap- plies only when the "accident" o r "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 liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by yo u to give no- tice 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 CONDI- TIONS : 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 ex - tent requi red of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 0215 © 201 5 The Travelers Ind e mni ty Co mpa ny. All rights reserved . Pa ge 3 of 4 Incl udes copyrighted material of Insura nce Serv ices Office , In c . wi th its permi ssion . 233 CC 06-04-2024 233 of 530 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., Con- cealment, 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 . How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. age--4 o 4 © 2015 The Travelers1ndem11ity Compa--ny. All rights reserved . CA 3-&-3-0 1 15 Includes copyrighted material of Insurance Services Office, Inc . with its permission. 234 CC 06-04-2024 234 of 530 P o licy#: BA0S579947 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following : BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE : This includes any person or organization who you are required under a written contract or agreement between you and that person or organization , that is signed by you before the "bodily injury " or "property damage" occurs and that is in effect during the policy period , to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph 8.5., Other Insurance of SECTION IV -BUSINESS AUTO CONDITIONS : Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization , that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period , requires this insu rance to be primary and non-contributory . CA T4 74 0216 © 2016 T he Travelers In demn ity Co mpany. All rig hts reserved. Pa ge 1 of 1 Includes copyrig hted material of Insu rance Services Office . Inc . with its permission. 235 CC 06-04-2024 235 of 530 ~ TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A)- POLICY NUMBER: UB2L553909 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 mium. % of the California workers' compensation pre- Schedule Person or Organization Job Description Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. 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.) Insurance Company Countersigned by ___________ _ The Travelers Indemnity Company DATE OF ISSUE : 3/26/2024 Page 1 of 1 236 CC 06-04-2024 236 of 530 THIRD AMENDMENT TO AGREEMENT 401 BETWEEN THE CITY OF CUPERTINO AND MIG. INC FOR ALL- INCLUSIVE PLAYGROUND AT JOLLYMAN PARK This Third Amendment to Agreement 401 between the City of Cupertino and MIG, Inc is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and MIG, Inc, a Corporation ("Contractor") whose address is 2055 Junction Ave, Suite 205, San Jose, CA 95131, and is made with reference to the following: RECITALS: A. On December 09, 2021 Agreement 401 ("Agreement") was entered into by and between City and Contractor for All-Inclusive Playground at Jollyman Park. B. The City and the Contractor entered into a First Amended Agreement ("First Amended Agreement") effective October 13, 2022; and C. The City and the Contractor entered into a Second Amended Agreement ("Second Amended Agreement") effective July 14, 2023 ; and D . City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 4.1 Maximum Compensation of the Agreement is modified to read as follows: City will pay Consultant for satisfactory performance of the Service a total amount that will be based upon actual costs but that will be capped so as not to exceed $458,161.00 ("Contract Price"), based on the budget and rates set forth in Exhibit C, Compensation, and attached and incorporated here. The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant's actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price. Exhibits A and A-1 and A-2 of the Agreement are modified to include Exhibit A-3 Additional Services, attached hereto. 2. Paragraph 4.3 Additional Services of the Agreement is modified to read as follows: City has the discretion, but not the obligation, to authorized Additional Services up to an amount not to exceed $30,250.00. Additional Services provided to City's reasonable satisfaction will be compensated on a lump sum basis or based on time and expenses, in accordance with the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. If paid on an hourly basis, Consultant will be compensated for actual costs only of normal business expenses and overhead, with no markup or surcharge . ("Reimbursable Expenses"). Consultant will not be entitled to reimbursement for copying, printing, faxes, telephone charges, employee overtime, or travel to City offices or to the Project site. Exhibits A and A-1 and A-2 of the Agreement are modified to include Exhibit A-3, Additional Services, attached hereto . 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 1 237 CC 06-04-2024 237 of 530 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By ~f-- Title Director of Public Works Date Sep 7, 2023 APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date Sep 7, 2023 EXPENDITURE DISTRIBUTION I Item II 1Orisinal Asreement II !Amendment 1 !Amendment 2 !Amendment 3 !Total II MIG, INC ~}~ By ___________ _ Title Vice President and Chief Development Officer Date Sep 6, 2023 PO Number II Amount I 2022-326 11 $389,511.0g II $12,000.og II $1 s ,2so.og 1 II $38 ,40g II $458 ,161 1: 2 238 CC 06-04-2024 238 of 530 August 22, 2023 Evelyn Moran, Public Works Project Manager City of Cupertino, City Hall 10300 Torre Ave . Cupertino, CA 95014 Exhibit A-3 Re: REVISED -Additional Services #3 Jollyman Park Inclusive Playground {MIG proj . no. 30902): Public Art (continued) Dear Evelyn, We are requesting use of contingency to address design development of the kaleidoscope; later phases of shop drawings and fabrication will be addressed through the contractor bidding process. This is built on keeping the design and fabrication costs to a combined budget of ~$200,000 of approved art funding. Add Service #2 provided preliminary funding related to artist efforts and concept development. There is $435 in Add Service #2 associated with SAS's preliminary effort that is no longer needed and which can be applied to UAP's involvement (see note below). We will use the remaining Add Service #2 fee to cover our efforts related to art coordination that have already occurred as well as ongoing efforts, plus the Commission meeting we already attended and the one that is to be rescheduled due to a lack of quorum. The following summarizes MIG's request for additional work and fees that are above and beyond the original contract, signed Dec. 9, 2021. All other terms in the original contract remain in effect. Add Services (Task 8: Art) We are requesting additional fees to cover artist fees for work related to art elements and for work efforts discussed, as noted below: o Concept development of kaleidoscope, 3D working model, samples of the 3Form leaves, preliminary engineering report, project schedule, and budget proposal for final shop drawings and fabrication ($38,400) Task 8 Art Less Add Service #2 remaining Art Consultant fee Total Add Service #3 UAP Total: $ 38,400 -$435 $37,965 Your emailed authorization to proceed so we can move forward with concept development and minimize schedule impact is much appreciated. Sincerely, < Melissa Erikson Principal, Director of Community Design Services MIG PLANNING I DESIGN I COMMUNICATIONS I MANAGEMENT I SCIENCE I TECHNOLOGY 800 Hearst Avenue • Berkeley, CA 947 10 • USA • 510-845-75 49 • www.migcom.com Offices in: Ca lifornia • Colorado • Oregon • Texas • Washington 239 CC 06-04-2024 239 of 530 UAP NEW YORK UAP Jollyman Park "Kaleidoscope" Sculpture Design Development MIG FEE PROPOSAL 8/21/2023 UAP Ref US2031 BRISBANE ROCK TAVERN 453 State Route 17K Rock Tavern NY 12575 + 1 (845) 56 7 9464 newyork@uapcompany.com USl 170 -Rev05 SHANGHAI 240 CC 06-04-2024 240 of 530 UAP August 27, 2023 Melissa Erikson Principal, Director of Community Design Services MIG 506 SW Sixth Avenue, Suite 400 Portland, OR 97204 Dear Melissa, SUBJECT: Design Development Proposal -Jollyman Park "Kaleidoscope" Sculpture ROCK TAVERN 453 State Route 17K Rock Tavern NY 12575 + 1 (845) 56 7 9464 ne wyork@ uapcompany.com US1170 -Rev05 UAP is pleased to submit the following proposal to work with MIG on the design development of a bespoke fabricated metal kinetic sculpture for the new Jollyman Park in Cupertino, CA. We understand the sculpture to be roughly 10 -15ft high by 6 -8ft wide with a mechanism to allow children to spin the kaleidoscope "leaves" at the top of the sculpture from its base. There are details that still need to be resolved, such as height, connection details, mechanics and finish, and we know MIG and client have the highest expectations for quality. We plan to work with MIG to refine the existing concept, provide renderings, architectural drawings and preliminary engineering for fabrication . We anticipate this design development to be an 8 week phase, allowing for up to two rounds of revision and design changes . We will deliver at the end of this phase a 3D working model, samples of the acrylic for the "leaves", drawings, preliminary engineering report, project schedule, and a budget proposal for the next phase . The next phase proposal will be for any further needed mock-ups, along with a full proposal for shop drawings and fabrication. We understand there are budget limitations, and if it's not possible to achieve all of MIG's goals, we will provide value engineering recommendations to keep design and fabrication costs to a combined budget around $200,000 total (Fabrication is presently projected to be $7 65 -$775,000). We are excited to collaborate with MIG on this exciting project and we are looking forward to building a long term and successful relationship . SCOPE: Staff a Technical Designer and Project Manager for an 8 week process. o Technical Designer's hours are capped at 86 hours total o Project Manager's hours are capped at 36 hours total o Hours beyond this will be charged at $7 40 /hour for Technical Designer and $7 95/hour for Project Manager. Coordinate with mechanical engineer (subcontracted by UAP) to propose and design mechanical operation of kinetic and non-motorized components . NEW YORK BRISBANE SHANGHAI 241 CC 06-04-2024 241 of 530 UAP ROCK TAVERN 453 State Route 17K Rock Ta ve rn NY 12575 + 1 (845) 56 7 9464 ne wyo rk @uapcompany.com US1170 -Rev05 o Mechanical engineer to provide one round of revision and design changes. UAP NY project management with regular weekly/biweekly updates for MIG and architecture team, including project status reports and coordination for client signoffs. Define 3D model providing up to two rounds of revisions and design changes . o Illustrate mechanical connections and mounting solution . Provide off-the-shelf acrylic color samples from material provider for client selection and approval. • Develop fabrication methodology. Present preliminary drawings to client for approval. Provide an estimated budget and timeline for further mock-ups and full fabrication within budget cap of $200,000 for design and fabrication . EXCLUSIONS: Assumes MIG can provide existing model at the onset of the project. Assumes MIG can provide necessary requirements for site and operation. Excludes renderings or site visualizations. Excludes redesigns or 3D modelling of new concepts . Excludes sampling beyond listed above samples. Excludes site survey, shop drawings, fabrication, shipping, and installation. Excludes contracting additional consultants, e.g. structural engineer, lighting consu ltant, etc . Excludes coordination with other consultants/contractors, unless listed . Excludes applicable sales taxes . Design Development Fee: $38,400 Payment Schedule Item 30% deposit on signing 35% progress payment after preliminary design review 35% final payment upon completion TOTAL NEW YORK BRISBANE Amount Date Due $11,520 Due on signing $13,440 Due after preliminary review $13,440 Due upon completion $38,400 SHANGHAI 242 CC 06-04-2024 242 of 530 UAP ROCK TAVERN 453 State Route 17K Rock Tavern NY 12575 + 1 (845) 56 7 9464 newyork@uapcompany.com US1 170 -Rev05 Should you have any questions, please do not hesitate to contact the undersigned . Sincerely, ga,eo-~~ UAP PRODUCTION LLC Jason Marquis Special Projects iason .marguis@uapcompanv.com I (97 7)757-9913 NEW YORK BRISBANE All Billing Enquiries are to be sent to: E I re c eivable .newyork@uapcompany.com P I + 1 (845) 56 7 9464 I Ext 223 SHANGHAI 243 CC 06-04-2024 243 of 530 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 8/7/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXT END OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED , the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy , certain policies may require an endorsement. A st atement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~l~cT Jo Lusk AssuredPartners Design Professionals Insurance Services, LLC r.~~N,t c-"· 510-272-1465 I FAX 3697 Mt. Diablo Blvd Suite 230 IA/C Nol : Lafayette CA 94549 ~iiMo~~ss : CertsDesiqnPro@AssuredPartners.com INSURER($) AFFORDING COVERAGE NAIC# License#:6003745 INSURER A: BERKLEY INSURANCE COMPANY 32603 INSURED MIGI NC 0-01 INSURER B : Travelers Propertv Casualtv Companv of America 25674 MIG, Inc. INSURER c : The Travelers lndemnitv Comoanv of Connecticut 25682 Moore lacofano Goltsman , Inc. 800 Hearst Ave INSURER D : The Travelers lndemnitv Comoanv 25658 Berkeley CA 94710 INSURERE : INSURERF: COVERAGES CERTIFICATE NUMBER: 214942187 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE •••~n un,n POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl C X COMMERCIAL GENERAL LIABILITY y y 6801 H899998 8/31 /2023 8/31 /2024 EACH OCCURRENCE $1,000,000 -0 CLAIMS-MADE 0 OCCUR ~~~t~iJYE~~~J~~encel -$1 ,000 ,000 X Contractual Liab MED EXP (Any one person ) $10,000 - Included PERSONAL & ADV INJURY $1 ,000 ,000 - GEN 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000 ,000 =7 [8:J PRO-□LOC PRODUCTS -COMP/OP AGG $2,000 ,000 POLICY JECT OTHER: $ C AUTOMOBILE LIABILITY y y BAOS579947 8/31 /2023 8/31 /2024 COMBINED SINGLE LIMIT (Ea accident \ $1 ,000 ,000 - X ANY AUTO BODILY INJURY (Per person ) $ -OWNED -SCHEDULED BODILY INJURY (Per accident) $ >---AUTOS ONLY >--AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per acc identl >--->-- $ B X UMBRELLA LIAB NOCCUR y y CUPOH758762 8/31 /2023 8/3 1/2024 EACH OCCURRENCE $10,000 ,000 >-- EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000 ,000 DED I X I RETENTION$ n $ D WORKERS COMPENSATION y UB2L55390 9 8/31 /2 023 8/31 /2024 X I ~ffTuTE I I OTH- ER AND EMPLOYERS" LIABILITY Y/N ANYPROPRIETOR/PARTNE R/EXECUTI VE ~ E.L. EACH ACCIDENT $1,000 ,000 OFFICER/MEMBER EXC LUDED ? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1,000 ,000 If yes , des cribe under DESCRIPTION OF OPERATIONS bel ow E.L. DISEASE -POLIC Y LIMIT $1,000 ,000 A Profes sional Liability & AEC907002005 8/31 /2023 8/31 /2 024 Per Claim/5,00 0.000 $5 ,000 ,000/Aggr Co ntr. Pollution Liab Included Included DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101 , Additional Remarks Schedule, may be attached if more space is required) Umbrella Liability policy is a follow-form to its u nderlyinf Policies: General Liability/Auto Liability/Employers Liability. Re: Jollyman Park All-Inclusive Playground The City o Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are named as an additional insured as respects general liability and auto liability as required per written contract or agreement. General Liability is Primary/Non-Contributory per policy form wording . Insurance coverage includes waiver of subrogation per the attached endorsement(s ). CERTIFICATE HOLDER City of Cupertino 10300 Torre Ave. Cupertino CA 95014 ACORD 25 (2016/03) CANCELLATION 30 Da Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . © 1988-2015 ACORD CORPORATION . All rights reserved . The ACORD name and logo are registered marks of ACORD 244 CC 06-04-2024 244 of 530 POLICY NUMBER: 680-1H899998 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you a-gree in a written contract to include as an additional insured on this Coverage Part, prov ided that such written contract was signed by you before.and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies . (Information required to complete this Schedule, if not shown above , will be shown in the Declarations.) A. Section II -Who Is An Insured is amended to in- clude as an additional insured the per:son(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by : • 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the perfo rmance of your ongoing operations for the additional insured(s) at the location(s) desig - nated above . B. With respect to the insurance afforded to these additional insureds, the following additiona l exclu- sions apply : CG 03 610305 This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. Copyr ight 2005 The St. Pau l T ravelers Companies , Inc . All rights reserved . CG TB 03 08 23 ncl udes copyr ighted ma teri al of Insurance Serv ices Office , Inc . with its permiss ion . DATE OF ISSUE : 08/06/2023 Page 1 of 1 245 CC 06-04-2024 245 of 530 POLICY NUMBER: 680-1H899998 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products-completed operations hazard, provided that such contract was signed by you before, and is in effect when, the "bodily injury or "property damage" occurs . Location And Description Of Completed Operations Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part , by "your work" at the CG 20 37 07 04 location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products-completed opera- tions hazard". CG TS 04 08 23 © ISO Properties, Inc ., 2004 DATE OF ISSUE: 08/06/2023 Page 1 of 1 246 CC 06-04-2024 246 of 530 Policy# sao1Ha9999a COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Primary And Non-Contributory Insurance If a. The statements in the Declarations are accurate and complete ; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in. any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. --)-:1-d. Required By Written Contract ~7. Separation Of Insureds If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured , and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs ; and (2) The "personal and advertising injury'' for which coverage is sought is caused by an offense that is committed ; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Cowrage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured . The due date for audit and retrospective premiums is the date shown as the due date on the bill . If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation , and send us copies at such times as we may request. 6. Representations By accepting this policy , you agree : Except with respect to the Limits of Insurance , and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us . The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them . 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V -DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods , products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company . All rig hts reserved . CG T1000219 Includes copyrighted material of Insurance Services Office, Inc. with its perm ission . 247 CC 06-04-2024 247 of 530 Policy# sao1Ha999 9a occupational therapist or occupational therapy assistant, physical therapist or speech-language pathologist ; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business . 3. The following replaces the last sentence of Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I - COVERAGES -COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY : Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II - Who Is An Insured. K. MEDICAL PAYMENTS -INCREASED LIMIT The following replaces Paragraph 7. of SECTION Ill -LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit . L. AMENDMENT OF EXCESS INSURANCE CONDITION -PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services ordinance relating to the sale of➔ M pharmaceuticals committed by, or with the • exclusion of Coverage A or Coverage B. BLANKET WAIVER OF SUBROGATION - WHEN REQUIRED BY WRITTEN CONTRACT knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section : "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x- ray or nursing service or treatment , advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS : This insurance is excess over any valid and collectible other insurance , whether primary , excess , contingent or on any other basis , OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us , of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS : If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization , but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs ; or b. "Personal and advertising injury" caused by an offense that is committed ; subsequent to the signing of that contract or agreement. CG D3 79 0219 © 2017 The Travelers Indemnity Company . All rights reserve . Page 5 of 6 Includes copyrighted material of Insurance Services Office , Inc . with its permission . 248 CC 06-04-2024 248 of 530 Policy Number: BA0S579947 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 cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered . A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -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 dur- ing 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 un- til the 180th day after you acquire or form the or- ganization or the end of the policy period , which- ever 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 addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which 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 -COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission , while performing duties related to the conduct of your busi- ness . 2. The following replaces Paragraph b. in 8.5., Other Insurance , of SECTION IV -BUSI- NESS AUTO CONDITIONS : b. For Hired Auto Physical Damage Cover- age , the following are deemed to be cov- ered "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 in an "employee's" name, with your CA T3 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission . 249 CC 06-04-2024 249 of 530 COMMERCIAL AUTO perm1ss1on, while performing duties related to the cond uct of your busi- ness . However, any "auto" that is leased, hired, rented or borrowed with a driver is not a 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 us- ing 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 LIABIL- ITY COVERAGE: (2) Up to $3 ,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) 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 LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph 8.7., Policy Period, Coverage Territory , of SECTION IV -BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world , except any country or jurisdiction while any t rade sanction , em - bargo , or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction , for Cov- ered Autos Liability Coverage for any cove red "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) or membe rs of their households . (a) With respect to any claim made or "suit" brought outs ide 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 "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (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 "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance , of SECTION II -COVERED AUTOS LIABILITY COVERAGE . (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph 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 lim it 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 , cont ingent or on any other basis . (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States , its ter- ritories and possessions , Puerto Rico and Canada . age Z'"U © 20-1ol'fle Tra%Iers·-in-demnity'"Comr,any. All rights re-served . CA--1=3 5-3 0-2 15 Includ es copyrighted material o f Insuran ce Se rvi ces Offi ce, In c. w ith it s permi ssio n. 250 CC 06-04-2024 250 of 530 You agree to maintain all required or compulsory insurance in any such coun- try 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 in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. 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., Deducti- ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to 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 Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION 111 -PHYSICAL DAMAGE COVERAGE : However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ill -PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONALPROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel 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., Exclu- sions, 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 in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only : a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; 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 representa- tive prompt notice of the "accident" or "loss" ap- plies 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 liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice 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 CONDI- TIONS: 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 ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 0215 © 2015 The Travelers Indemnity Company . All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office , Inc . with its permission . 251 CC 06-04-2024 251 of 530 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 .. Con- cealment, Misrepresentation, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS : The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under th is insurance . How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 21-on © 2015 The Travelers Indemnity Compa ny. All rights reserved . CA T3--S3 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission . 252 CC 06-04-2024 252 of 530 Policy#: BA0S579947 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following : BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured , of SECTION II -COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph B.5., Other Insurance of SECTION IV -BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization , that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period , requires this insurance to be primary and non-contributory. CA T4 74 02 16 © 2016 The Travelers Indemnity Company. All rights reserved . Page 1 of 1 Includes copyrighted material of Insurance Services Office , Inc . with its permission . 253 CC 06-04-2024 253 of 530 ~ TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) - POLICY NUMBER: UB2L553909 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 mium. % of the California workers' compensation pre- Schedule Person or Organization Job Description Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. 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.) <:i'--- Insurance Company Countersigned by ___________ _ The Travelers Indemnity Company DATE OF ISSUE: 8/7/2023 Page 1 of 1 254 CC 06-04-2024 254 of 530 SECOND AMENDMENT TO AGREEMENT 401 BETWEEN THE CITY OF CUPERTINO AND MIG, INC FOR ALL-INCLUSIVE PLAYGROUND AT JOLLYMAN PARK This Second Amendment to Agreement 401 between the City of Cupertino and MIG, Inc is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and MIG, Inc, a Corporation ("Contractor") whose address is 2055 Junction Ave, Suite 205, San Jose, CA 95131, and is made with reference to the following: RECITALS: A. On December 09, 2021 Agreement 401 ("Agreement") was entered into by and between City and Contractor for All-Inclusive Playground at Jollyman Park. B. The City and the Contractor entered into a First Amended Agreement ("First Amended Agreement") effective October 13, 2022; and C. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 4.1 Maximum Compensation of the Agreement is modified to read as follows: City will pay Consultant for satisfactory performance of the Service a total amount that will be based upon actual costs but that will be capped so as not to exceed $419,761.00 ("Contract Price"), based on the budget and rates set forth in Exhibit C, Compensation, and attached and incorporated here. The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant's actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price. Exhibits A and A-1 of the Agreement is modified to include Exhibit A-2 Additional Services, attached hereto. 2. Paragraph 4.3 Additional Services of the Agreement is modified to read as follows: City has the discretion, but not the obligation, to authorized Additional Services up to an amount not to exceed $30,250.00. Additional Services provided to City's reasonable satisfaction will be compensated on a lump sum basis or based on time and expenses, in accordance with the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. If paid on an hourly basis, Consultant will be compensated for actual costs only of normal business expenses and overhead, with no markup or surcharge. ("Reimbursable Expenses"). Consultant will not be entitled to reimbursement for copying, printing, faxes, telephone charges, employee overtime, or travel to City offices or to the Project site. Exhibits A and A-1 of the Agreement is modified to include Exhibit A-2, Additional Services, attached hereto. 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 1 255 CC 06-04-2024 255 of 530 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By,.tJ~uJ,,_ Title City Manager Date Jul 14, 2023 APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date Jul 14, 2023 EXPENDITURE DISTRIBUTION Item II Original Agreement 11 !Amendment 1 11 !Amendment 2 11 l otal 11 MIG, INC Title Vice President and Chief Development Officer Date Jul 14, 2023 PO Number II Amount II 2022-326 11 $389,511.og l II $12 ,000.og II $1 s,2so.og ' II $419,761.0g 2 256 CC 06-04-2024 256 of 530 June 16, 2023 Evelyn Moran, Public Works Project Manager City of Cupertino City Hall 10300 Torre Ave. Cupertino, CA 95014 Exhibit A-2 Re: Additional Services Jollyman Park Inclusive Playground {MIG proj. no. 30902): Public Art Dear Evelyn, As discussed, the City is requesting a presentation to the Art Commission in support of additional funding for Jollyman AIPG . Art & Culture Commission supported moving the kaleidoscope and musical bench or walk forward. We are working with Scientific Art Studios to develop these ideas further in preparation for going back to the Commission in July. For now, we are requesting use of contingency to address the concept work to move these forward and get blessed; Design Development/Construction Documents and fabrication will be a separate add service. This is built on $380,000 of approved art funding but knowing that the desire is to only use a portion of that. The following summarizes Ml G's request for additional work and fees that are above and beyond the original contract, signed Dec. 9, 2021. All other terms in the original contract remain in effect. Add Services #3 (New Task 8: Art) We are requesting additional fees under a new task number for additional work related to art elements and for work efforts discussed , as noted below : Task 8 Art o Creating a presentation on the art elements in support of the funding request. Melissa's virtual attendance and presentation at the Art Commission meeting in San Jose on Monday, May 22, 2023 (completed at City authorization) and in July. ($3,550) o Concept development of kaleidoscope and musical bench or walk ($14,700) Total: $ 18,250 Prompt authorization to proceed so we can move forward with concept development and be able to meet the July Commission date is much appreciated. Sincerely, < I Melissa Erikson Principal, Director of Community Design Services MIG PLANNING j DESIGN j COMMUNICATIONS j MANAGEMENT j SCIENCE !TECHNOLOGY 800 Hearst Avenue • Berke l ey, CA 94710 • USA • 5 10-845-7549 • www.migcom.com Offices in: California • Colorado • Oregon • T exas • Washington 257 CC 06-04-2024 257 of 530 FIRST AMENDMENT TO AGREEMENT 401 BETWEEN THE CITY OF CUPERTINO AND MIG, INC., FOR ALL-INCLUSIVE PLAYGROUND AT JOLLYMAN PARK This First Amendment to Agreement 401 between the City of Cupertino and MIG, Inc., is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and MIG, Inc., a Corporation ("Contractor") whose address is 2055 Junction Ave., Suite 205, San Jose, CA 95131, and is made with reference to the following: RECITALS: On December 09, 2021 Agreement 401 ("Agreement") was entered into by and between City and Contractor for All-Inclusive Playground at Jollyman Park. A. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 4.1 Maximum Compensation of the Agreement is modified to read as follows: City will pay Consultant for satisfactory performance of the Service a total amount that will be based upon actual costs but that will be capped so as not to exceed $401,511.00 ("Contract Price"), based on the budget and rates set forth in Exhibit C, Compensation, and attached and incorporated here. The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant's actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price. Exhibit A of the Agreement is modified to include Exhibit A-1 Additional Services, attached hereto. 2. Paragraph 4.3 Additional Services of the Agreement is modified to read as follows: City has the discretion, but not the obligation, to authorized Additional Services up to an amount not to exceed $12,000.00. Additional Services provided to City's reasonable satisfaction will be compensated on a lump sum basis or based on time and expenses, in accordance with the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. If paid on an hourly basis, Consultant will be compensated for actual costs only of normal business expenses and overhead, with no markup or surcharge. ("Reimbursable Expenses"). Consultant will not be entitled to reimbursement for copying, printing, faxes, telephone charges, employee overtime, or travel to City offices or to the Project site. Exhibit A of the Agreement is modified to include Exhibit A-1, Additional Services, attached hereto. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 1 258 CC 06-04-2024 258 of 530 IN WITNESS WHEREOF , the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By pa,,u1a, w,., Title City Manager Date Oct 13, 2022 APPROVED AS TO FORM Cltt/Jtq11fter .P. Je111e11 City Attorney ATTEST: City Clerk Date Oct 13, 2022 EXPENDITURE DISTRIBUTION MIG , INC . CUt--~~ By ___________ _ Title Vice President/Chief Development Officer Date Oct 13, 2022 i:;;;;;;;===I ;;;;te;;;;m===;;;;;;,!l======P;;;;O;;;;N;;;;u;;;;m;;;;b;;;;e;;;;r =====;;;;,11,;;;====;;;;A;;;;m;;;;o;;;;u;;;;nt=====;; priginal Agreement II 2022-326 II $389,511.0tj l ===========~ !Amendment #1 l:Change in Scope, Change in Contract Amount II $12,000.09 1 ;::::===========~ 1J~T_o_ta_lA~g~r_ee_m_e_m ___ ~II 11~ ________ $_40_1~,5_1_1.~0tj 1 2 259 CC 06-04-2024 259 of 530 Exhibit A-1 August 31, 2022 Evelyn Moran, Public Works Project Manager City of Cupertino City Hall 10300 Torre Ave . Cupertino, CA 95014 Re: Additional Services Jollyman Park Inclusive Playground (MIG proj. no . 30902) Dear Evelyn, As discussed, a restroom is being added to the project expanding work beyond that in the original scope of work. The following summarizes MIG's request for additional work and fees that are above and beyond the original contract, signed Dec. 9, 2021; BKF's effort will be addressed through a separate agreement. All other terms in the original contract remain in effect. Add Services #2 (New Task 7: Restroom) .................................................... $12,000 We are requesting additional fees under a new task number for additional work related to adding a restroom to the project and for anticipated work efforts discussed, as noted below: o Coordinating with BKF who is leading the restroom portion of the project o Pro viding aesthetic coordination to ensure the restroom finishes work with the play area improvements o Planting and irrigation design for the expanded work area for all drawing submittals (50%, 90%, 100%, and bid set) It is understood that the restroom will be integrated into the play area submittals as a single project for review and bidding; the restroom will not have separate review meetings but reviews will be incorporated into the planned review meetings for the play area . Task 7 Restroom Total: $12,000 PLANNING I DESIGN I COMMUNICATIONS I MANAGEMENT I SCIENCE I TECHNOLOGY 800 Hearst Ave nue • Berkeley, CA 947 10 • USA • 510-845-7549 • www.migcom.com Offices in: California • Colorado • Oregon • T exas • Washington 260 CC 06-04-2024 260 of 530 Evelyn Moran August 31 , 2022 Page 2 of 2 Please feel free to contact us with any questions or additional information needed . Sincerely, Principal, Director of Community Design Services MIG Please sign below to indicate your agreement to the terms outlined in this letter as a revision to the original contract and budget. Evelyn Moran, Project Manager City of Cupertino Date 261 CC 06-04-2024 261 of 530 _____, ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 8/28/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provi sions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~:r,cT The Certificate Team AssuredPartners Design Professionals Insurance Services , LLC PHONE I rffc Nol : 3697 Mt. Diablo Blvd Suite 230 Air I.I .... C-,♦\. Lafayette CA 94549 ~iDA~~ss : CertsDesianPro<@.AssuredPartners.com INSURERISl AFFORDING COVERAGE NAIC# License#: 6003745 INSURER A: Berklev Insurance Comoanv 32603 INSURED MI GINC 0-01 INSURER B : Travelers Prooertv Casualtv Comoanv of America 25674 MIG, Inc. INSURER c : The Travelers lndemnitv Comoanv of Connecticut 25682 Moore lacofano Goltsman , Inc. 800 Hearst Ave INSURERD : Berkeley CA 94710 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 1669425263 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR ADDL SUBR ,t3M'6W~l ,t3rJ'6~i LIMITS LTR TYPE OF INSURANCE ,.,~n WVD POLICY NUMBER C X COMMERCIAL GENERAL LIABILITY y y 6801 H899998 8/31 /2022 8/31 /2023 EACH OCCURRENCE $1 ,000 ,000 -~ CLAIMS-MADE 0 OCCUR DAMA<,;E Ti YE RENTED PREMISES Ea oc currence ) $1 ,000 ,000 X Contractual Liab -MED EXP (An y one person ) $10 ,000 In cluded PERSONAL & ADV INJURY $1 ,000 ,000 -GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000 ,000 Fl 0 PRO-D Loc PRODUCTS -COMP/OP AGG $2 ,000 ,000 POLICY JECT OTHER: $ C AUTOMOBILE LIABILITY y y -BAOS57994 7 8/31 /2022 8/31 /2023 ~~~~~~~~lNGLE LIMIT $1 ,000 ,000 X ANY AUTO BODILY INJURY (Per person ) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident ) $ X HIRED X NON-OWNED rp~?~zc~le~gAMAGE $ AUTOS ONLY AUTOS ONLY $ B X UMBRELLA LIAB MOCCU R y y CUPOH758762 8/31 /2022 8/31 /2023 EACH OCCURRENCE $10,000 ,000 - EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000 ,000 DED I X I RETENTION $ n $ B WORKERS COMPENSATION y UB2L553 909 8/31 /202 2 8/31 /2023 X I tffTuTE I I OTH-ER AND EMPLOYERS' LIABILITY Y/N ANYPR OPRIETOR/PARTNE R/EXECU TIVE □ N/A E.L. EACH ACCIDENT $1,000 ,000 OFF ICE R/ME MBER EXC LUDE D? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000 ,000 g~ii~rtfft~ ontOPERATIONS bel ow E.L. DISEASE -POLICY LIMIT $1 ,000 ,000 A Profes si on al Liabili ty N y AE C905795 904 8/31 /2022 8/31/2023 Per Claim $5 ,000 ,000 Aggregate Limi t $5 ,000 ,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Umbrella Liability policy i s a follow-form underlying General Liability/Auto Liability/Employers Liability. Re: Jollyman Park All-Inclusive Playground The City of Cupertino, its City Council, officers, officials , employees, agents, servants and volunteers are named as an additional insured as respects general liability and auto liability as required per written contract or agreement. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s). CERTIFICATE HOLDER City o f Cupertino 10300 Torre Ave. Cupertino CA 95014 ACORD 25 (2016/03) CANCELLATION 30 Da s Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1988-2015 ACORD CORPORATION. All rights reserved . The ACORD name and l ogo are registered marks of ACORD 262 CC 06-04-2024 262 of 530 Policy Number: BA0S579947 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 cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -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 dur- ing 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 un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever 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 addi- tional insured is an "insured" for Covered Autos Liability Coverage , but only for damages to which 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 -COV- ERED AUTOS LIABILITY COVERAGE : An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in 8.5., Other Insurance, of SECTION IV -BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "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 in an "employee's" name , with your CA T3 53 0215 © 2015 The Travelers Indemnity Company . All rights reserved . Page 1 of 4 Includes copyrighted material of Insurance Services Office , Inc . with its permission . 263 CC 06-04-2024 263 of 530 COMMERCIAL AUTO perm1ss1on, while performing duties related to the conduct of your busi- ness . However, any "auto" that is leased, hired, rented or borrowed with a driver is not a 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 us- ing 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 LIABIL- ITY COVERAGE : (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) 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 LIABIL- ITY COVERAGE : (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work . F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV -BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction , em- bargo , or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered 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) or members of the ir 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 "in- sured" against, and investigate or set - tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (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 "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE . (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph 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 re - quired or compulsory insurance in any country outside the United States, its ter- ritories and possess ions , Puerto Rico and Canada . Page 2 of © 201 e ra ve ers n emn ity Compan y. All rig hts reserve . CA T3 53 0215 Includes co pyrighted mat erial of In surance Serv ices Offi ce, Inc . with its pe rmission . 264 CC 06-04-2024 264 of 530 You agree to maintain all required or compulsory insurance in any such coun- try 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 in- surance requ irements . (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America , its territories and possessions, Puerto Rico and Can- ada. 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., Deducti- ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to 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 Para - graph A.4.b., Loss Of Use Expenses, of SEC- TION Ill -PHYSICAL DAMAGE COVERAGE : However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses , of SECTION Ill -PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1 ,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type . J. PERSONAL PROPERTY The following is added to Paragraph A.4 .. Cover- age Extensions , of SECTION Ill -PHYSICAL DAMAGE COVERAGE : Personal Property We w ill pay up to $400 for "loss" to wearing ap- parel 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., Exclu- sions , 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 in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; 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 representa- tive prompt notice of the "accident" or "loss" ap- plies 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 liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice 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 CONDI- TIONS : 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 ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 0215 © 2015 The Travelers Indemnity Company . All ri ghts reserved . Page 3 of 4 Includes copyrighted m aterial of In s uran ce Services Offi ce , Inc . with its permission . 265 CC 06-04-2024 265 of 530 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., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance . How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. age 4-or4 ---© 201oTfie Travelers ni:l emni y Campany . Alfr ig flt s reserve cr.--- lncludes copyrighted material of Insurance Services Office , Inc. with its permission . CA 'T3-53 OM S 266 CC 06-04-2024 266 of 530 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6801H899998 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products-completed opera- tions hazard". CG 20 37 07 04 CG TS 02 XXXX © ISO Properties, Inc., 2004 Page 1 of 1 DATE OF ISSUE : 08/31/2022 267 CC 06-04-2024 267 of 530 COMMERCIAL GENERAL LIABILITY POLICY NUMBER 6801H899998 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed . Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following add itional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG-0To17J:ro Copyrignt 2005 Tfie St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 CG TS 01 XX xx Includes copyrighted material of Insurance Services Office, Inc. with its permission. DATE OF ISSUE: os13112022 268 CC 06-04-2024 268 of 530 Policy# 6801 H899998 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method , each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non-Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured , and we will not share with that other insurance, provided that: (1) The "bodily inj.Jry' or "property damage" for wh ich coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed ; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Co\oerage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured . The due date for audit and retrospective premiums is the date shown as the due date on the bill . If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured . c. The first Named Insured must keep records of the information we need for premium computation , and send us copies at such times as we may request. 6. Representations By accepting this policy , you agree : a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We ha\oe issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or reoulations . 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us . The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them . 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date . If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V -DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites , only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of21 © 2017 The Travelers Indemnity Company . All rights reserved . CG T1000219 Includes copyrighted material of Insurance Services Office , Inc . with its permission . 269 CC 06-04-2024 269 of 530 Policy # 6801 H899998 occupational therapist or occupational therapy assistant , physical therapist or speech-language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE : For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I - COVERAGES -COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured . 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means : a. Medical, surgical, dental , laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS : This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II - Who Is An Insured . K. MEDICAL PAYMENTS -INCREASED LIMIT The following replaces Paragraph 7. of SECTION Ill -LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION -PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage , to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION - WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us , of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS : If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization , we waive our right of recovery against such person or organization , but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the signing of that contract or agreement. G"'O~t9021"9 -(!:) 20TTTheTravelers lndemn!ty C~ All rtghts,e~~-Page 5 of6 lncludes copyrighted material of Insurance Services Office, Inc. with its permission . 270 CC 06-04-2024 270 of 530 Policy#: BA0S579947 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following : BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE : This includes any person or organization who you are required under a written contract or agreement between you and that person or organization , that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period , to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph B.5., Other Insurance of SECTION IV -BUSINESS AUTO CONDITIONS : Regardless of the provisions of paragraph a . and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization , that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory . CA T4 74 0216 © 2016 The Travelers Indemnity Company . All rights reserved . Page 1 of 1 Includes copyrighted material of Insurance Services Office , Inc. with its permission. 271 CC 06-04-2024 271 of 530 ~ TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) - POLICY NUMBER: UB2L553909 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 mium . % of the California workers' compensation pre- Schedule Person or Organization Job Description Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. 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.) <:;;;:'-- Insurance Company ~-----Travele rs Property Casualty Company of America DATE OF ISSUE: 8t28t2022 Countersigned by ___________ _ Page 1 of 1 272 CC 06-04-2024 272 of 530 ClTYOF m DESIGN PROFESSIONAL SERVICES AGREEMENT <SINGLE} WITH MIG, INC CUPERTINO 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation ("City"), and MIG, Inc ("Consultant"), a Corporation for All-Inclusive Playground at Jollyman Park ("Project"), and is effective on the last date signed below ("Effective Date"). 2. SERVICES 2.1 Basic Services. Consultant agrees to provide the Basic Services for the Project, which are set forth in detail in the Scope of Services, attached here and incorporated as Exhibit A, and as further specified in Consultant's written Proposal as approved by City, except for any provision in the Proposal which conflicts or is inconsistent with this Agreement and the Exhibits hereto, or as otherwise expressly rejected by City. Consultant further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Additional Services. City may request at any time during the Contract Time that Consultant provide additional services for the Project, which are not already encompassed, expressly or implicitly, in the Agreement, the Scope of Services, or the Proposal ("Additional Services"). Additional Services must be authorized in writing by City and Consultant will not be paid for unauthorized Additional Services rendered. Additional Services are subject to all the provisions applicable to Basic Services, except and only to the extent otherwise specified by City in writing. All references to "Services" in the Agreement include Basic Services and Additional Services, unless otherwise stated in writing. The Services may be divided into separate sequential tasks, as further specified in this Agreement, the Scope of Services, and Consultant's Proposal. Consultant is solely responsible for its errors and omissions and those of its subconsultants, and must promptly correct them at its sole expense. Consultant must take appropriate measures to avoid or mitigate any delay, liability, and costs resulting from its errors or omissions. 3. TIME OF PERFORMANCE 3.1 Term. This Agreement begins on the Effective Date and ends on December 31, 2024, unless terminated earlier as provided herein ("Contract Time"). The City's appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City's purchasing policy. 3.2 Schedule of Performance. All Services must be provided within the times specified in Exhibit B, Schedule of Performance, attached and incorporated here. Consultant must promptly notify City of any actual or potential delay in providing the Services as scheduled to afford the Parties adequate opportunity to address or mitigate delays. If the Services are divided by tasks, Consultant must begin All-Inclusive Playground at Jollyman Park 1 of 11 Design Professional Agr (Single)/ October 2021 273 CC 06-04-2024 273 of 530 work on each separate task upon receiving City 's Notice to Proceed ("NTP"), and must complete each task within the time specified in ExhibitB. 3.3 Time is of the essence for the performance of all the Services . Consultant must have sufficient time, resources, and qualified staff to deliver the Services on time. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Consultant for satisfactory performance of the Basic Services and Additional Services, if approved, a cumulative total amount that will be capped so as not to exceed $389,511.00 ("Contract Price"), as specified in Exhibit C, Compensation, attached and incorporated here. The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant's actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price. 4.2 Basic Services. City will pay Consultant $389,511.00 ("Lump Sum Price") for the complete and satisfactory performance of the Basic Services in accordance with Exhibit C. The Lump Sum Price is inclusive of all time and expenses, including, but not limited to, sub-Consultants' costs, materials, supplies, equipment, travel, taxes, overhead, and profit. If the Basic Services are not fully completed, Consultant will be compensated a percentage of the Lump Sum Price proportionate to the percentage of Basic Services that were completed to City's reasonable satisfaction. 4.3 Additional Services. City has the discretion, but not the obligation, to authorize Additional Services up to an amount not to exceed $0 .00 Additional Services provided to City's reasonable satisfaction will be compensated on a lump sum basis or based on time and expenses, in accordance will the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. If paid on an hourly basis, Consultant will be compensated for actual costs only of normal business expenses and overhead , with no markup or surcharge ("Reimbursable Expenses"). Consultant will not be entitled to reimbursement for copying, printing, faxes, telephone charges, employee overtime, or travel to City offices or to the Project site. 4.4 Invoices and Payments. Monthly invoices must describe the Services completed and the Amount due for the preceding month. City will pay Consultant within thirty (30) days following receipt of a properly submitted and approved invoice for Services. The invoice must separately itemize and provide subtotals for Basic Services and Additional Services, and must state the percentage of completion for each task, as specified in Exhibit C. City will notify Consultant in writing of any disagreements with the invoice or the stated percentage of completion of tasks. If the disagreement is unresolved, City will pay Consultant only for the undisputed portion of the Services. Disputed amounts shall be subject to the Dispute Resolution provision of this Agreement. a. Time and Expenses. For Additional Services provided on an hourly basis, each invoice must also include, for each day of Services provided: (i) name and title of each person providing Services ; (ii) a succinct summary of the Services performed by each person; (iii) the time spent per person, in thirty (30) minute increments; (iv) the hourly billing rate or Sub-Consultant charge and payment due ; and (v) an itemized list with amounts and explanation for all permitted reimbursable expenses . Al l-Inclusive Pl ayground at JoI!yman Park 2 of 11 Design Profess ional Agr (Single)/ October 202 1 274 CC 06-04-2024 274 of 530 5. b. Rates and Receipts. All hourly rates and reimbursable expenses must conform to the City-approved rates set forth in Exhibit C, which will be in effect for the entire Contract Time. Each invoice must attach legible, dated receipts for Reimbursable Expenses . INDEPENDENT CONTRACTOR 5.1 Status. Consultant is an independent Consultant and not an employee, partner, or joint venture of the City. Consultant is solely responsible for the means and methods of performing the Services and shall exercise full control over the employment, direction, compensation and discharge of all persons assisting Consultant in performing the Services. Consultant is not entitled to health benefits, worker's compensation, retirement, or any City benefit. 5.2 Qualifications and Standard of Care. Consultant represents on behalf of itself and its sub- Consultants that they have the qualifications and skills to perform the Services in a competent and professional manner, as exercised by design professionals performing similar services in the San Francisco Bay Area. Services may only be performed by qualified and experienced personnel or subconsultants who are not employed by City and do not have any contractual relationship with City excepting this Agreement. All Services must be performed as specified to City's reasonable satisfaction. 5.3 Permits and Licenses. Consultant warrants on behalf of itself and any sub-Consultants that they are properly licensed, registered, and/or certified to perform the Services, as required by law, and that they have procured a valid City 'Business License, if required by the Cupertino Municipal Code. 5.4 Sub-Consultants. Unless prior written approval from City is obtained, only Consultant's employees and sub-Consultants whose names are included in this Agreement and incorporated Exhibits may provide Services under this Agreement. Consultant must require all sub-Consultants to furnish proof of insurance for workers' compensation, commercial liability, auto, and professional liability in reasonable conformity to the insurance required of Consultant. The terms and conditions of this Agreement shall be binding on all sub-Consultants relative to the portion of their work. 5.5 Tools, Materials, and Equipment. Consultant will supply and shall be responsible for all tools, materials, and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes . Consultant and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Consultant shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Consultant's business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Consultant. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Consultant, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Consultant agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City All-Inclusi ve Playground at Jollyman Park 3 of 11 Design Professional Agr (Single)/ October 2021 275 CC 06-04-2024 275 of 530 as a result of such determination , so that the City's total expenses under this Agreement are not greater than they would have been had the determination not been made. 5.7 Errors and Omissions. Consultant is solely responsible for its errors and omissions and those of its sub-Consultants, and must take prompt measures to avoid, mitigate, and correct them at its sole expense. 6. PROPRIETARY/CONFIDENTIAL INFORMATION During the Contract Time, Consultant may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City. Consultant shall hold in confidence all City information and use it only to perform this Agreement. Consultant shall exercise the same standard of care to protect City information as a reasonably prudent Consultant would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Subject to City meeting its payment obligations for the Services, any interest (including copyright interests) of Consultant in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium, prepared by Consultant under this Agreement ("Work Product"), will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to a third-party without prior written approval by City 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all copyrights to the Work Product prepared/created by Consultant and its sub-Consultants and all copyrights in such Work Product shall constitute City property. If it is determined under federal law that the Work Product is not "works for hire," Consultant hereby assigns to City all copyrights to the Work Product when and as created, and shall require sub-Consultants to do the same . Consultant may retain copyrights to its standard details, but hereby grants City a perpetual, non-exclusive license to use such details . 7.3 Patents and Licenses . Consultant must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Consultant and its sub-Consultants to execute or implement any of the following , but Consultant shall not be responsible or liable for City 's re-use ofWorkProduct: (a) For work related to the original Services for which Consultant was hired; (b) To complete the original Services with City personnel, agents or other Consultants; (c) To make subsequent additions to the original Services; and/or (d) For other City projects. 7.5 Deliverables and Format. Electronic and hard copies of the Work Product constitute part of the Deliverables required under this Agreement, which shall be provided to City on recycled paper and copied on both sides, except for one single-sided original. Large-scale architectural plans and similar All-nc1u siv e Play ground a Jollyman Park 4 of 11 Desig n Pro fess ional Agr (Single )/ October 202 1 276 CC 06-04-2024 276 of 530 items must be in CAD and PDF formats, and unless otherwise specified, other documents must be in Microsoft Office applications and PDF formats . 8. RECORDS 8.1 Consultant must maintain complete, accurate, and detailed accounting records relating to the Services and Compensation, in accordance with generally accepted accounting principles and procedures. The records must include detailed information about Consultant's performance, benchmarks, and deliverables. The records and supporting documents must be kept separate from other files and maintained for a period of four ( 4) years from the date of City's final payment. 8.2 Consultant will provide City full access to Consultant's books and records for review and audit, to make transcripts or copies, and to conduct a preliminary examination of all the work, data, documents, proceedings, and activities related to this Agreement. If a supplemental examination or audit of Consultant's records discloses non-compliance with appropriate internal financial controls, a contract breach, or a failure to act in good faith, City will be entitled to recover from Consultant the costs of the supplemental examination. If this is a lump sum fee Agreement, City will be provided access to records of reimbursable expenses and the instruments of service/deliverables for review and audit. This Section 8 survives the expiration/termination of this Agreement. 8.3 Consultant acknowledges that certain documents generated or received by Consultant in connection with the performance of this Agreement, including but not limited to correspondence between Consultant and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Consultant shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Consultant as a legal entity will be considered an Assignment subject to City approval, which shall not be unreasonably withheld. For purposes of this provision, control means fifty percent (50%) or more of the voting power of the business entity. This Agreement binds Consultant, its heirs, successors and assignees. 10. PUBLICITY / SIGNS Any publicity generated by Consultant for the project under this Agreement, during the term of this Agreement and for one (1) year thereafter, will reference the City's contributions in making the project possible. The words "City of Cupertino" will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. No signs may be posted, exhibited, or displayed on or about City property, except signage required by law or this Agreement, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law and except for losses caused by the sole or active All-Inclusive Playground at Jollyman Park 5 of 11 Design Professional Agr (Single)/ October 2021 277 CC 06-04-2024 277 of 530 negligence or willful misconduct of City personnel, Consultant agrees to indemnify, defend, and hold harmless the City as follows: a. Indemnity for Design Professional Liability: With respect to the performance of design professional services by a design professional as defined in California Civil Code Section 2782.8, to the fullest extent permitted by law, Consultant shall indemnify and hold harmless City, its officers, officials , agents, employees, and volunteers ( collectively and/or individually "City") from and against any and all liabilities, claims, damages, losses, costs, or expenses (including, without limitation, costs, attorneys ' fees , and expert fees of litigation and alternative dispute resolution) of every nature to the extent arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, servants, agents, or subcontractors (collectively and/or individually "Consultant"), in the performance of this Agreement or failure to comply with any obligations of the Agreement. If it is finally determined (through a non-appealable judgment or an agreement between City and Consultant) that liability is caused by the comparative negligence or willful misconduct of City, then Consultant's indemnification and hold harmless obligation shall not exceed Consultant's finally determined percentage of liability based upon the comparative fault of Consultant. Irrespective of any language to the contrary in this Agreement, the Consultant has no duty to provide or to immediately pay for an up-front defense of City against unproven claims or allegations, but shall reimburse those litigation costs and expenses (including, without limitation, attorneys' fees, and expert fees) incurred by the City to the extent caused by the negligence, recklessness, or willful misconduct of Consultant. In no event shall the cost to defend charged to Consultant exceed Consultant's proportional percentage of fault, except as described in Section 2782.8(a) and (e) of the California Civil Code. b. Claims Involving Intellectual Property. Consultant shall indemnify, defend, and hold harmless Indemnitees from and against any claim involving intellectual property, infringement, or violation of a United States patent right or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights, which arises out of, pertains to, or relates to Consultant's negligence, recklessness , or willful misconduct. Such costs and expenses will include reasonable attorney fees for legal counsel of City's choice, expert fees , and all other costs and fees of litigation. c. Claims for Other Liability. Except as provided in subsections 11.l(a) and (b), to the fullest extent permitted by law, Consultant shall hold harmless, defend (with counsel agreed to by City), and indemnify City and its officers, officials, agents , employees, and volunteers (collectively and/or individually "City") from and against any and all liability, claim , loss , damage , expense , costs (including, without limitation, costs, attorneys' fees , and expert fees of litigation) of every nature arising out of, related to, or in connection with the performance of work hereunder by Consultant or any of its officers, employees, servants, agents, or subcontractors, or the failure of the same to comply with any of the obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or sole willful misconduct of the City. Consultant 's duty to defend applies immediately, whether or not liability is established . An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend as stated herein. All -Inclusive Pl ayground at Jollyman Park 6 of 11 Desig n P rofessi onal Agr (Si ng le) I October 20 2 1 278 CC 06-04-2024 278 of 530 11.2 Consultant will assist City, at no additional cost, in the defense of any claim, dispute, or lawsuit arising out of this Agreement. Consultant's duties herein are not limited to or subject to the Contract Price, to Workers' Compensation claims, or to the Insurance or Bond limits and provisions. Nothing in this Agreement shall be construed to give rise to an implied right of indemnity in favor of Consultant against any Indemnitee. 11.3 Consultant agrees to pay the reasonable costs City may incur in enforcing this provision related to Consultant's indemnification duties, including reasonable attorney fees, fees for legal counsel acceptable to City, expert fees, and all other costs and expenses related to a claim or counterclaim, a purchase order, another transaction, litigation, or dispute resolution. Without waiving any rights, City may deduct money from Consultant's payments to cover moneys due to City. 11.4 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.5 This Section 11 shall survive expiration or termination of this Agreement. 12. INSURANCE On or before the Contract Time commences, Consultant shall furnish City with proof of compliance with City Insurance Requirements, attached and incorporated here as Exhibit D. City will not execute the Agreement until Consultant has submitted and City has reasonably approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Alternatively, City may terminate this Agreement or in its sole discretion purchase insurance at Consultant's expense and deduct costs from payments to Consultant. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Consultant shall comply with all laws and regulations applicable to this Agreement. Consultant will promptly notify City of changes in the law or other conditions that may affect the Project or Consultant's ability to perform. Consultant is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act, or other federal or state law, rule orregulation. 13.2 Labor Laws. Consultant shall comply with all labor laws applicable to this Agreement. If the Services include a "public works" component, Consultant must comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. To the extent applicable, Consultant must comply with City's Labor Compliance Program and with state labor laws pertaining to working days, overtime, payroll records and DIR Registration and Oversight. If the Contract Price is $30,000 or more, Consultant must comply with the apprenticeship requirement in Labor Code Section 1777.5. 13.3 Discrimination Laws. Consultant shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Consultant shall comply with all anti-discrimination laws, including All-Inclusive Playground at Jollyman Park 7 of 11 Design Professional Agr (Single) I October 2021 279 CC 06-04-2024 279 of 530 Government Code Section 12900 and 11135 , and Labor Code Section. 1735, 1777, and 3077.5. Consistent with City policy prohibiting it, Consultant understands that harassment and discrimination by Consultant or any of its sub-Consultants toward a job applicant, an employee, a City employee, or any other person is strictly prohibited. Consultant agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Consultant shall comply with all conflict of interest laws and regulations applicable to this Agreement and must avoid any conflict of interest. Consultant warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement in violation of California Government Code Section 1090 et seq. Consultant may be required to file a conflict of interest form if Consultant makes certain governmental decisions or serves in a staff capacity, as provided in Section 18700 ofTitle 2 of the California Code of Regulations and other laws. Services may only be performed by persons who are not employed by City and who do not have any contractual relationship with City, with the exception of this Agreement. Consultant is familiar with and agrees to abide by the City 's rules governing gifts to public officials and employees. 13.5 Remedies. A violation of this Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating this Agreement. City reserves all its rights and remedies under law and this Agreement, including the right to seek indemnification under Section 11. Consultant agrees to indemnify, defend, and hold City harmless from and against any loss, liability, and expenses arising from noncompliance with this Section. 14. PROJECT COORDINATION 14.1 City Project Manager. The City 's Project Manager for all purposes under this Agreement will be Evelyn Moran, who shall have the authority to manage this Agreement and oversee the progress and performance of the Services. City in its sole discretion may substitute another Project Manager at any time and will advise Consultant of the new representative. 14.2 Consultant Project Manager. Subject to City 's reasonable approval, Consultant's Project Manager for all purposes under this Agreement will be Jan Eiesland who shall be the single representative for Consultant with the authority to manage compliance with this Agreement and oversee the progress and performance of the Services. This includes responsibility for coordinating and scheduling the Services in accordance with City instructions, service orders, and the Schedule of Performance, and providing regular updates to the City's Project Manager on the Project status, progress, and any delays. City written approval is required prior to Consultant substituting a new Project Manager, which shall result in no additional costs to City or Project delays. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project with thirty (30) calendar days written notice to Consultant. Consultant will be compensated for satisfactory Services performed through the date of abandonment and will be given reasonable time to assemble the work and close out the Services. No close out work shall be conducted without City reasonable approval of closure costs, which may not exceed ten percent (10%) of the total time expended to the date of abandonment. All charges including job closure costs will be paid in accordance with the provisions of this Agreement and within thirty (30) days of Consultant's final invoice reasonably approved by the City . Al l-I nclusive Playground at Jollyman Park 8 of 11 Desig n Professi onal Agr (Sin gle)/ Oct ober 202 1 280 CC 06-04-2024 280 of 530 16. TERMINATION City may terminate this Agreement for cause or without cause at any time, following reasonable written notice to Consultant at least thirty (30) calendar days prior to the termination date. Consultant will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Consultant closes out the Services and delivers all Work Product to City. All charges approved by City including job closure costs will be paid within thirty (30) days of Consultant's final invoice. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California, excepting any choice of law rules which may direct the application of laws of another jurisdiction. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Consultant must comply with the claims filing requirements under the Government Code prior to filing a civil action in court against City. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement ( or the successors of those authorities). If a dispute arises, Consultant must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. This Section 18 survives the expiration/termination of this Agreement. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City's waiver of any breach shall not be deemed to constitute waiver of another term , provision, covenant, or condition or a subsequent breach, whether of the same or a different character 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of the Parties, of every kind or nature, and supersedes any and all other agreements and understandings, either oral or written, between them. Any modification of this Agreement will be effective only if in writing and signed by each Party's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of this main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling . All-Inclusive Playground at Jollyman Park 9 of 11 Design Professional Agr (Single)/ October 2021 281 CC 06-04-2024 281 of 530 22. INSERTED PROVISIONS Each contractual provision or clause that may be required by law is deemed to be included and will be inferred in this Agreement. Either party may request an amendment to cure any mistaken insertion or omission of a required provision. 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY IP ARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. 25. SURVIVAL All provisions which by their nature must continue after the Agreement ends, including without limitation those referenced in specific Sections herein, survive this Agreement and shall remain in full force and effect. 26. NOTICES All notices, requests, and approvals must be sent to the persons below in writing to the persons below, and will be considered effective on the date of personal delivery, the delivery date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino: Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Evelyn Moran Email: evelynm@cupertino.org 27. EXECUTION To Consultant: MIG, Inc 2055 Junction Ave, Suite 205 San Jose, CA 95131 Attention: Jan Eiesland Email: jeiesland@migcom.com The person executing this Agreement on behalf of Consultant represents and warrants that Consultant has the right, power, and authority to enter into this Agreement and carry out all actions herein, and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Consultant. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. All-Inclusive Playground-at Jo ll yman Park 10 of 11 D esig n P ro fe ssi on al Agr (Sin gle) I Octob er 2 02 1 282 CC 06-04-2024 282 of 530 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the Effective Date stated earlier in this Agreement. CITY OF CUPERTINO A Municipal Corporation By Ouuu-u 7/4?~n-~/k_) Name Dianne Thompson (she/her) Title Acting City Manager Date Dec 9, 2021 APPROVED AS TO FORM: Chrisfopher D. Jensen CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Dec 9, 2021 All-Inclusive Playground at Jollyman Park MIG,INC Cu¢-}~ By ___________ _ Name Chris Beynon Title Vice President/Chief Development Officer Date Nov 24, 2021 11 of 11 Design Professional Agr (Single)/ October 2021 283 CC 06-04-2024 283 of 530 EXHIBIT A Jollyman Park All-Inclusive Playground Scope of Work 11.12.2021 MIG has prepared the following Scope of Work to illustrate how we will facilitate successful completion of the Jollyman Park All-Inclusive Playground Project. This scope captures and clarifies assumptions of the tasks incorporated in the attached Fee Proposal spreadsheet. The details are based on our understanding of the requirements stated in the Jollyman Park Aug. 2, 2021 RFQ and Addenda. Project Understanding Located in Cupertino, CA, the project entails replacing the southern existing play area at Jollyman Park with an all- inclusive playground. Per the City's RFQ, the project aims to incorporate the best in supportive play theories and practices to appeal to people of all ages and abilities. The design will support recreation and social interaction for people with autism, sensory challenges, cognitive, developmental, and physical disabilities -as well as those without special needs. The project will have specific all-inclusive play amenities that will be further developed from the initial concept design with community engagement. Potential site improvement areas include walkways, storm water runoff reduction, utility identification and adjustments, landscape, irrigation, and similar site improvements within the project area. Recommended site improvements shall be based on the established Cupertino Engineering Standards. The design will be in accordance with AIPG funding guidelines; local, state and federal ADA and playground safety guidelines and requirements . TASK 1: PROJECT INITIATION Task 1.1 Project Kick-off Meeting & Site Tour To initiate the project, the MIG Team will participate in a meeting with the City of Cupertino Jollyman project team ('The City') to discuss the project goals, opportunities, and challenges, as well as to establish project communication protocols, review project tasks and schedule, and other coordination topics to be determined in cooperation with the City. We see this meeting as an important step in developing a collaborative team that is committed to a shared process and vision for Jollyman Park. The MIG Team will also conduct a site tour to observe and document the existing site conditions, uses and character of Jollyman Park. Topic areas to be observed include circulation, accessibility, signage and wayfinding, lighting, natural features, social relationships, and experiential opportunities. Depending on weather and current safety protocols this may be staged as two meetings within the same week : a virtual kick-off/goals meeting followed by an in-person site tour of Jollyman Park. If an in-person kick-off meeting is feasible, then the meeting and site visit will be scheduled to occur consecutively on the same day. Task 1.2 Project Scope & Schedule Finalization MIG will work with the City of Cupertino to customize and finalize the scope and schedule, so that tasks meet the City's preferred process and timeline. Task 1.3 Background Information Request & Assembly The MIG team will prepare a consolidated list of background information needed from the City. MIG will assemble the information and make it available for use by all team members over the course of the project . 1 284 CC 06-04-2024 284 of 530 EXHIBIT A Task 1.4 Community Engagement Part 1: Prepare to Engage MIG will develop a plan for community engagement, mapping out how and when to use engagement and communication techniques in a Community Outreach and Engagement Plan. We will work with the City to identify stakeholders, including both City staff and community groups, whose insights and support will help build a successful park. This plan will guide our efforts as we gather information, listen to the community and work towards the final site plan. Should the community engagement plan identify different efforts than those included below, the scope and fee will need to be revised . Task 1.5 Inclusive Play Primer Presentation To assist the City in gaining internal staff support for the Jollyman Play Area mission and goals, MIG will provide a two-hour interactive virtual presentation about the importance and goals of an inclusive play area. MIG will create a virtual presentation to be attended by City Staff and key stakeholders. The goal for this meeting is to get all the various stakeholders to understand the project goals, learn information about inclusivity, and begin speaking the same language when it comes to inclusive play environments. The City may post to their website for a period of 3 months and keep a recording of the presentation for internal staff use. Task 1.6 Project Management and Team Coordination MIG will coordinate the work of the MIG Team throughout the duration of the design phases, prepare the Project schedule, monitor the Project budget, establish, and monitor project quality, setup project accounting and prepare and submit monthly invoices. The MIG Team will coordinate and strategize with the City via 1-hour video calls to review progress and discuss direction and next steps . Please refer to the accompanying fee spreadsheet for the assumed task duration and number of meetings for each phase. MIG's project manager will participate in these calls, as well as other pertinent team member at times, depending on the agenda. TASK 1 DELIVERABLES ■ Final Scope and Schedule ■ Community Outreach and Engagement Plan ■ Inclusive Play Primer Recording ■ Coordination meeting notes (for meetings led by the MIG Team) ■ Monthly invoices TASK 2: DATA COLLECTION AND EXISTING CONDITIONS TASK 2.1 Topographic Survey BKF will prepare a topographic survey of the 1.75 ac project area and surroundings as outlined on the project limits diagram (see Survey Exhibit on the last page). Topographic survey will not include a boundary survey. Task 2.2 Existing Utilities & Stormwater Coordination BKF will identify existing utilitity locations, through records research and on line databases, perform a Site visit to document those utilities whose above ground features can be determined by visual means and discuss potential utility constraints with MIG and the City. BKF will also document in a graphic the existing project site drainage conditions, along with new stormwater requirements to meet City/County/Regional requirements. TASK 2.3 Geotechnical Report Ninyo + Moore will conduct geotechnical sampling, to include taking two exploratory borings within the project site to ascertain subsurface soil conditions. They will interpret borings and provide a geotechnical report to address design of the playground pavement types and footings. Provide a copy of the Geotechnical Report to the City . 2 285 CC 06-04-2024 285 of 530 EXHIBIT A TASK 2.4 Review of Requirements, Existing Conditions and Background Documents The MIG Team will review codes, standards and environmental regulations applicable to Jolly m an Pa rk and the potential park improvements . We will review City-provided documents and on-line research, regarding the site's natural, social and cultural history, including land use, demographics, property boundaries, as well as ongoing site operations and maintenance issues . Task 2.5 Site Analysis, Opportunities & Constraints The MIG Team will develop a scaled base map of the park site, using an aerial and/or the survey, which assembles relevant information on the existing park site and the area immediately adjacent, including circulation, park features, trees and other information as appropriate . We will prepare a graphic summarizing existing assets, issues and opportunities, including circulation and accessibility, landscape features and overall character, paying special attention to human developmental needs and environmental health and sustainability. Task 2.6 Community Engagement Part 2: listen, Learn, Vision Building on the engagement plan and key stakeholders identified in Community Engagement Part 1, The MIG Team w ill prepare graphic materials to be used in several outreach methods identified in the plan . Our assumption is that this will include an on line survey; boards with similar content and a QR code that the City may print, laminate and hang at the park; (1) virtual community meeting; and (2) smaller stakeholder meetings-either virtual or outdoors. Materials will be designed to both share the site analysis and listen to the community's own site expertise and local knowledge . In addition to patterns of use and desired experiences, MIG will work with the City to strategize engagement activities that will also provide an understanding of the site and area 's underlying characte r and cul t ural influences, which can be expressed in the design. Task 2.7 Analysis and Outreach Summary Report The MIG team will prepare an existing condition report that details the requirements, existing conditions, assumptions, constraints, opportunities, risks and risk mitigation. The report should also reflect community outreach participant input. This report will be available for the City to post to the web to keep the community informed, for help with fund raising, and for use as background for other City presentations made by City staff. Task 2.8 Project Management and Team Coordination The MIG Team will continue Project Management and Team Coordination duties as described in Task 1 and with additional meetings as noted on the accompanying fee spreadsheet. TASK 2 DELIVERABLES Unless otherwise noted, all deliverables will be provided in PDF format. We assume one round of minor revisions for each based on the City's consolidated comments . ■ Topographic Survey (AutoCad file and PDF) ■ Existing Utilities and Drainage Conditions Summary Graphic ■ Geotechnical Report ■ Project Base Map & Site Analysis ■ Site Analysis, Opportunities & Constraints Graphics ■ Community Engagement Part 2 materials ■ Analysis and Engagement Summary Report ■ City Review Meetings Agendas & Meeting summaries ■ Monthly invoices TASK 3: CONCEPT DESIGN Task 3.1 Draft Concept Designs The MIG Team will prepare up to (2) Concept Plan s that depict the scale and relati onships between the different park areas and show how the elements ar e organized and connected with i n each area . Alternatively, the analys is 3 286 CC 06-04-2024 286 of 530 EXHIBIT A and input may direct the project towards one primary layout with options. The Concept drawings will contain enough information to explain the general form, content, and quality of the design, including: • Site vision statement with a short narrative description that characterize the main features, unique aspects, visitor experience, program elements, and operations • Concept plan • Precedent design images to support the design ideas • Opinion of Probable Costs • Monthly invoices Task 3.2 City Review Meeting Two-hour virtual meeting. MIG will present the (2) Concept Plans to City Staff for feedback and approval. MIG and the City will also use this meeting to coordinate the details of the upcoming public engagement actions and events. Task 3.3 Commission/Council Meetings MIG will present the Concept Plans at (2) Commission/Council meetings for input and approval, such as Parks and Recreation Commission and City Council. Assume each is a virtual one-hour meeting. More presentations can be accommodated through extra services if needed. Task 3.4 Community Engagement Part 3: Consider the Concepts MIG will revise/finalize the Concept Plans per City feedback and create both analog and digital content to share the Concept Plans with the public for evaluation and feedback. MIG will review the public engagement materials with City Staff for approval. MIG will monitor any online survey results over a two-to three-week period. MIG will also lead up to (2) additional community conversations (either facilitated online or, if social distancing policies allow as small coffee meetings), intercept events, pop-ups, or outreach opportunities as determined with the City . Task 3.5 City Review Meeting Two-hour virtual meeting. MIG will meet with the City to discuss the community engagement process and feedback; and to go over options and direction for developing the Preferred Concept. Task 3.6 Preferred Concept Design The MIG Team will incorporate the public and City feedback into a Preferred Concept. The Preferred Concept will contain enough information to explain the general form, content, and quality of the design, including: • a statement describing the vision for the site • a short narrative description that characterizes the main features, unique aspects, visitor experience, program elements, and operations • precedent design images to support the concept plan • Conceptual level grading plans for disturbed areas within the project limits • Conceptual utility connection plans including storm drainage, preliminary stormwater treatment and detention facility sizes, sanitary sewer, water, and fire protection services • Opinion of Probable Costs Task 3.7 City Review Meeting Two-hour virtual meeting. MIG will present the Preferred Concept to the City for review and feedback. Task 3.8 Illustrative 3d/Bird's-eye view Graphic Provide an illustrative 3d or Bird's-eye view site graphic to share with the community and help with fund raising . Task 3.9 Community Engagement Part 4: Define the Project MIG will finalize the Preferred Concept per the City feedback and will create graphics and materials for a final virtual public presentation . MIG will review the public engagement materials with City Staff for approval. Allow for (1) round of revisions . 4 287 CC 06-04-2024 287 of 530 EXHIBIT A MIG will share the Preferred Concept design and Illustrative Graphic with the public to show how earlie r community input shaped the final concept. MIG w ill provide a multi-media, on line walk-through of the Pr eferred Concept with an opportunity to provide general feedback . This step is an opportunity to celebrate the culmination of the community engagement process and mark the transition to the next stage-construction drawings and building the new playground. Task 3.10 City Review Meeting Two-hour virtual meeting . MIG will meet with City Staff to discuss the public's comments and get final approval before moving into the Construction Documents phase . Task 3.11 Environmental Approvals Coordination MIG will provide minor assistance with graphics and coordination. More help may be provided if desired as additional services. Task 3.12 Project Management and Team Coordination The MIG Team will continue Project Management and Team Coordination duties as described in Task 1 and with additional meetings as noted on the accompanying fee spreadsheet. TASK 3 DELIVERABLES Unless otherwise noted, all deliverables will be provided in PDF format. We assume one round of minor revisions for each based on the City's consolidated comments. • Draft Plans & Opinion of Probable Costs • Commission/Council Presentations (2) • Community Engagement Part 3 materials and summaries • City Review Meetings Agendas & Meeting summaries • Preferred Concept Plan & Opinion of Probable Costs • Illustrative 3D/Birdseye Graphic • Community Engagement Part 4 materials and summaries • Monthly invoices TASK 4: CONSTRUCTION DOCUMENTS (CD) The MIG Team will prepare design plans, construction documents, specifications and opinions of probable costs at the milestones noted below . We will schedule the design and bid process, identifying significant milestone dates and actions items for the project team and assist the City in developing bid documents to advertise for construction . The City will provide any City-required standard details, t itleblocks, requirements, and specifications to the MIG team at the beginning of this phase . All submittals will be in the form of a PDF submitted through email, Google drive, or other free and readily ava il able digital sharing format approved by The City . Task 4.1 Preliminary CD Plans The MIG Team will prepare preliminary plans in AutoCAD showing the layout of proposed play area elements, including play elements, paving, site furnishings, planting areas and other site features . Task 4.2 Preliminary CD City Check-in Meeting MIG will facilitate a meeting with City staff to rev iew consolidated comments on the preliminary plans to clarify questions and confirm corrections or minor refinements needed for the 50% set. A summary of the meeting will be prepared . Task 4.3 50% CD Submittal The MIG Team will prepare construction documents to a 50% level of completion , drafted in digital format us ing AutoCAD . Plans shall be prepared at a minimum of 1" = 20' scale , As part of the package , the M IG Team will 5 288 CC 06-04-2024 288 of 530 EXHIBIT A develop a materials and equipment schedule reflecting site material, equipment and furnishing selections so the City can review the new playground's proposed aesthetic vision. This scope assumes the development of one set of construction drawings for a single-phase project. If the City's budgeting results in the need for phasing or alternates, these can be provided for an additional fee . Task 4.4 50% CD Opinion of Probable Costs The MIG Team will develop an Opinion of Probable Costs based on the submitted plans. Task 4.5 50% CD Regulatory Approval Coordination/Assistance (Allowance) The MIG Team has a small allowance to allow for regulatory approval document preparation and coordination for City reviews such as ADA review, stormwater, and the maintenance department. Task 4.6 City Review Meeting The City will provide one set of consolidated review comments detailing the required changes to the 50% CD drawings and opinion of probable costs. These will be discussed in a two-hour (maximum) virtual meeting between the City and MIG to confirm design direction before beginning the 90% CD package. Task 4.7 90% CD Submittal Based on the 50% CD's submittal and incorporating the City's direction from the 50% CD review meeting, the MIG Team will prepare construction documents to a 90% level of completion. The MIG Team will also provide CSI format technical specifications related to the scope of work. Design documentation, including specifications, will be consistent with required federal, state, and local codes and regulations . Task 4.8 90% CD Opinion of Probable Costs & QA/QC Review The MIG Team will develop an Opinion of Probable Costs based on the submitted plans . MIG's QAQC team will perform an in-house review of drawing set and specifications to ensure Quality Assurance+ Quality Control. Task 4.9 City Review Meeting The City will provide one set of consolidated review comments detailing any required changes to the Design 90% CD package . These will be discussed and finalized in a two-hour (maximum) virtual meeting between the City and MIG prior to finalizing the 100% CD package . Task 4.10 100% CD Submittal/Permit Set Based on the final consolidated list of comments and direction from the City, the MIG Team will advance the construction documents set to a level of 100% completion. We will produce final technical specifications in CSI format to describe the requirements for construction materials, equipment, systems, standards, and workmanship. The City will be responsible for providing the Division I specifications sections. The MIG team assumes that multiple permit packages are not required and that 100% construction documents will be comprise the construction permitting set. The MIG Team will package the 100% complete construction documents and submit to the City for final review and comment (PDF format). One round of minor edits may be incorporated by the MIG Team to create the final Permit Set. Task 4.11 Bid Set Preparation Incorporating minor revisions related to comments from the permitting review, the MIG Team will prepare final design (bid) documents based on the 100% drawings and techncial specifications . Task 4.12 Project Management and Team Coordination The MIG Team will continue Project Management and Team Coordination duties as described in Task 1 and with additional meetings as noted on the accompanying fee spreadsheet. TASK 4 DELIVERABLES Unless otherwise noted, all deliverables will be provided in PDF format. • Preliminary plans (In-progress check-in) for City Review • Design Development (50% CD) Submittal -Drawings and Spec TOC • Des ign Development (50% CD) Opinion of Probable Costs 6 289 CC 06-04-2024 289 of 530 EXHIBIT A • 90% CD Submittal -Drawings and Specs • 90% CD Opinion of Probable Costs • 100% CD Drawing Set -Drawings and Specs • 100% CD Opinion of Probable Costs • Monthly invoices TASK 5: BIDDING SUPPORT Task 5.1 Pre-bid Meeting MIG will attend the pre-bid meeting to respond to questions about the Construction Documents. Task 5.2 Bid Assistance Allowance (Bidder Question Response) The MIG Team has made an allowance to prepare responses to bidders' questions to clarify the construction documents. Task 5.3 Conformed Construction Set Submittal Once the bid period is complete and the contractor has been selected, the MIG Team will prepare a final conformed set for the contractor's use during construction. The conformed construction set will incorporate the addenda and responses to bidders' questions . Task 5.4 Project Management and Team Coordination The MIG Team will continue Project Management and Team Coordination duties as described in Task 1 and with additional meetings as noted on the accompanying fee spreadsheet. TASK 5 DELIVERABLES Unless otherwise noted, all deliverables will be provided in PDF format. • Responses to Bidders' Questions • Conformed Construction Set • Monthly invoices No allowance has been made for any value engineering at the Bid Phase . Should bids come in higher than anticipated due to unforeseen market conditions, the MIG Team will meet with the Client to discuss options to move the project forward. Any additional design, coordination or submittals can be provided for additional services. TASK 6: CONSTRUCTION ADMINISTRATION Task 6.1 Preconstruction Meeting Participation The MIG Team will attend and participate in a Pre-Construction meeting scheduled and lead by the City . The MIG Team will attend the meeting to support the City in answering the contractor's questions. This scope assumes attendance by the lead landscape architect and civil engineer. If needed, other design team members can be made available through additional services . Task 6.2 Responses to Contractor Submittals The MIG Team will review and take appropriate action (approve with modifications, reject, etc.) on the Contractor's submittals such as RFl's, Shop Drawings, Product Data and Samples, to confirm conformance with the design intent of the project and compliance with the information given in the Contract Documents . Reviews will take place in accordance with reasonable promptness and according to language agreed upon in the bid documents . Reviews and approvals or other action shall not extend to means, methods, techniques, sequences, or procedures of construction or the safety precautions and programs incident thereto. Approval of a specific item shall not indicate approval of an assembly of which the item is a component. The MIG Team assumes a maximum 7 290 CC 06-04-2024 290 of 530 EXHIBIT A of two reviews of contractor submittals and shop drawings. Additional reviews can be provided through additional services (see last section). Task 6.3 Construction Meetings and Site visits MIG will attend up to (4) construction meetings to review construction progress and Contractor's compliance with the design intent. These meetings can be virtual or on-site, depending on current safety measures. In addition, MIG will perform up to (8) site visits and the Civil engineer will perform up to three (3) site visit/reviews, as requested by City. Task assumes a maximum construction duration of ten months. Task 6.4 Preliminary Punch List Site Visit and Preparation When notified that the construction is substantially complete, the MIG team will make one site visit with the City's representative and perform a Preliminary Punch List inspection of the Project to observe any apparent defects in the completed construction regarding conformance with design intent of the Contract Documents. MIG will consolidate observations and provide a "punch list," describing the items it recommends for the contractor's correction prior to scheduling the Final Punch List Site Visit. Task 6.5 Final Punch List Site Visit and Preparation When notified that the construction is fully complete, the MIG team will make one site visit with the City's representative and perform a "Final" inspection of the Project to observe any apparent defects in the completed construction regarding conformance with design intent of the Contract Documents. MIG will consolidate observations and provide a Final Punch List, describing the items it recommends for the contractor's correction prior to closing out the construction contract. Task 6.6 Project Management and Team Coordination The MIG Team will continue Project Management and Team Coordination duties as described in Task 1 and with additional meetings as noted on the accompanying fee spreadsheet. TASK 6 DELIVERABLES Unless otherwise noted, all deliverables will be provided in PDF format. • Submittal and Shop Drawing review documentation • Responses to contractor's Requests for Information • Construction Meetings -(up to 4) • Site Visits -(up to 11) • Preliminary Punch List • Final Punch List • Monthly invoices ADDITIONAL SERVICES The MIG Team has a broad range of experience, skills and services . The following is a non-exhaustive list of items that are not included in this scope but could be provided as additional services if they are needed or desired by the City: • Additional community engagement beyond the scoped items in the process (including digital advertisement, intercept surveys, additional surveys/workshops/open houses/pop-up events). • Additional public meetings beyond the scoped items in the process (including attending City Council meetings, public hearings, hearing examiner meetings, public open houses, and local association meetings). • City project team meetings beyond those listed • Additional design alternative drafts or renderings other than those listed . • Preparation of phased or multiple-packaged construction documents. 8 291 CC 06-04-2024 291 of 530 EXHIBIT A • Preparation of special studies outside our scope of work. • Intensive research and testing to determine conditions of existing site ut ilities (i.e ., potholing, smoke testing, dye testing, pressure testing, fire flow testing, videotaping, etc.). • Utility Relocation Plans • Supplemental surveying services beyond the initial survey necessary for completeness. • Appeal, Design Exception, and Alternative Review applications. • Services related to future facilities and improvements. • Design of water capture/re-use systems, pump stations, sump pumps, or force mains for sanitary sewer or storm drainage systems, if required . • Design of systems to comply with or obtain LEED certification, including preparation of LEED documentation and addressing review comments from the USGBC. • Redesign of civil/landscape items following completion of construction document as a result of site and building plan changes or unforeseen existing conditions. • Design for areas not identified in the project understanding. • Value Engineering. If the MIG Team is needed to assist with VE and/or bid negotiations, it is available on a Time and Materials basis. • Arborist Report • Project Record Drawings PROJECT SCOPE ASSUMPTIONS: • CLIENT : 'The City' refers to the City of Cupertino's Jollyman project team . • BUDGET: Scope and fee is based on a construction budget of $2,910,000 ($2,670,000 base budget with a $240,000 contingency). The City has identified a fundraising goal of $1,000,000. If fundraising goals are not met, there will be a shortfall. Redesign to value engineer the project will require a contract modification . • DELIVERABLES : Unless otherwise indicated, all deliverables will be provided in PDF format. Native files will be created in software selected at the consultant team's discretion . If the City desires printed copie s or specific file formats, the MIG Team is happy to work with the City to develop a strategy that meets the project's budget and need s. • IN-PERSON MEETINGS: Team meetings and most community engagement events are assumed to be virtual with some limited outdoor engagement events as noted . • TRANSLATION: All documentation will be in English ; however, as an additional service , the MIG Team can provide exhibits in other languages . • CONSOLIDATED COMMENTS : The City will provide MIG with (1) set of vetted and consolidated comments from all parties/agencies in all tasks involving review and feedback. • PERMIT FEES : All permit fees and agency charges will be paid by others . • UTILITIES: The site is adequately served by utilities adjacent to the site . • OFFSITE UTILITIES/STREET/PARKING DESIGN : Offsite utility or street/parking design beyond the identified playground area is not included in this proposal. • ENVIRONMENTAL WORK: Floodplain, wetland, soil remediation or environmental work is not included in this proposal. • CONSTRUCTION TESTING+ INSPECTIONS : Necessary testing and inspections during construction will be provided by others . • EXISTING UTILITY DISTRIBUTION : It is assumed that existing utility distribution systems will not be i mpacted by the proposed development. 9 292 CC 06-04-2024 292 of 530 EXHIBIT A SURVEY AREA: 10 293 CC 06-04-2024 293 of 530 EXHIBIT A City of Cupertino I Jollyman Park All -Inclusive Playground estimated ro ·ect cost ··········- 294 CC 06-04-2024 294 of 530 EXHIBIT B: Schedule Jollyman Park All-Inclusive Playground Task 1: Project Initiation and Ongoing Project Management -January 2022 (0.5 month) Task 2: Data Collection and Existing Conditions -Jan -Feb 2022 (1.5 months) Task 3: Concept Design -Mar -June 2022 (4 months) Task 4: Construction Documents -June 2022 -Mar 2023 (7 months) Task 5: Bidding Support -Apr.-June 2023 (2.5 months) Task 6: Construction Administration -June 2023 -Mar. 2024 (9.5 months) Project schedule is subject to refinement at the kickoff meeting and will be regularly updated during the course of the project, working with City staff, to better reflect project needs and City review times. 295 CC 06-04-2024 295 of 530 EXHIBIT C: Hourly Rates and Re i mbursable Expenses Jollyman Park All-Inclusive Playground Unless specified otherwise, invoices are submitted monthly showing time and charges for professional services by staff category and a separate figure for expenses. Invoices are payable upon receipt. Invoices unpaid past 30 days are subject to interest at 1-1/2% per month. MIG Inc. labor includes all overhead. Hourly rates by position are noted below: Role Principal-in-Charge Project Manager Play Specialist/CPS! Project Associate Irrigation Designer Community Outreach Specialist Senior Urban Designer Project Assistant Planner/Master Plan Advisor ADA Specialist Graphic Designer Expenses are as follows: Type Automobile travel Meals Photocopy (letter and tabloid) Color copies (letter and tabloid) Commercial printing/plotting Subcontractors Other (lab tests, aerial photos, etc) $/hour $210 $180 $160 $95 $145 $140 $150 $80 $165 $135 $140 Rate current IRS rate cost+ 5% $0.10/print $0 .50/print cost+ 5% cost+ 5% cost+ 5% 296 CC 06-04-2024 296 of 530 EXHIBITD Insurance Requirements Design Professionals & Consultants Contracts Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to t his project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City's own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non -owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: As required by the State of California, with Statutory Limits and Employer's Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. J Not required Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant's profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a claims made form: a The Retroactive Date must be shown and must be before the Effective Date of the Contract. h Insurance must be maintained for at least five ( 5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase "extended reporting" coverage for a minimum of five ( 5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts Form Updated Sept. 2019 1 297 CC 06-04-2024 297 of 530 Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers ("Additional Insureds") are to be covered as additional insureds on Consultant's CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant's insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance . Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant's insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City's option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements ( or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant's insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice . ------------------- F:xh. D-Insurance Requirements for Design Professionals & Consultants Contracts Form Updated Sept. 2019 2 298 CC 06-04-2024 298 of 530 ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 11/22/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. T HIS CERT IFICAT E O F INSURANCE DOES NOT CONST IT UTE A CONT RACT BETWEEN T HE ISSUING INSURER(S), AUT HORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2:1~cT The Certfiicate Team AssuredPartners Design Professionals Insurance Services, LLC PHONE I FAX 3697 Mt. Diablo Blvd Suite 230 'Air I.I ... c.,.\, IA/C Nol : Lafayette CA 94549 it1lJ~ss: CertsDesionPro@.AssuredPartners .com INSURER($) AFFORDING COVERAGE NAIC# License#:6003745 INSURER A : Berklev Insurance Comoanv 32603 INSURED MIGI NC0-0 1 INSURER B : Travelers Prooertv Casualtv Comoanv of America 25674 MIG , Inc. INSURER c : The Travelers lndemnitv Comoanv of Connecticut 25682 Moore lacofano Goltsman , Inc. 800 Hearst Ave INSURERD : Berkeley CA 94710 INSURERE : INSURER F : COVERAGES CERTIFICATE NUMBER: 2075696555 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR ADDL SUBR l~~rJ%WJ1 ,~~rJiYMY, LTR TYPE OF INSURANCE .. ,~~ , .. n,~ POLICY NUMBER LIMITS B X COMMERCIAL GENERAL LIABIL ITY y y 6 801H8 99 99 8 8/31 /2021 8/3 1/2022 EACH OCCURRENCE $1,000 ,000 -□ CLAIMS -MADE 0 OCCUR DAMA<.;E T: yE RENTEu PREMISES Ea occurrence ) $1,000 ,000 X Contra ct ual Li ab MED EXP (An y one person) $10 ,000 - Included PERSONAL & ADV INJURY $1,000 ,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2 ,000 ,000 ~ 0 PRO-0Loc PRODUCTS -COMP/OP AGG $2 ,000 ,000 POLIC Y JECT OTHER: $ C AUTOMOBI LE LIABIL ITY y y BAOS5 7994 7 8/3 1/20 21 8/31 /2022 fE~~~~~~~tf lNGLE LIMIT $1 ,000 ,000 - X ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED BODILY INJUR Y (Per accident) $ AUTOS ONLY -AUTOS X HIRED X NON-OWNED iP~?~~c~de~RAMAGE $ AUTOS ONLY -AUTOS ONLY $ B X UMBRELLA LIAB MOCCUR y y CUPOH75 8762 8/31/2021 8/31 /2022 EACH OCCURRENCE $10,000 ,000 - EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000 ,000 DED I X I RETENTION$ n $ B WORKERS COMPENSATION y UB2L553909 8/31 /2021 8/31 /202 2 X I ~ffTuTE I I OTH- ER AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/P ARTNER/E XECUTI VE □ N/A E.L. EACH ACCIDENT $1 ,000 ,000 OFFICER/MEMBER EXCLUDED ? (Mandatory In NH) E.L. DISEASE -EA EMPLO YEE $1 ,000 ,000 i~iM~if3~ onfoPERATIONS bel ow E.L. DISEASE -POLIC Y LIMIT $1 ,000 ,000 A Profess io nal Liabili ty N y AEC 904 72500 3 8/3'1/20 21 8/3 1/20 22 Ea ch Claim $3 ,000 ,000 Annual Ag gre gate $5 ,000 ,000 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101 , Additional Remark s Sch edule , may be attached if more space is required ) Umbrella Liability policy is a follow-form underlying General Liability/Auto Liability/Employers Liability . Re: Jollyman Park All-Inclusive Playground The City of Cupertino , its City Cou ncil , officers , officials , employe es , agents, servants and volunteer s are named as an additional insured as respects general liability and auto liability as required per written contract or agreement. General Liability is Primary/Non-Contributory per policy form wording . Insurance coverage includes waiver of subrogation per the attached endorsement(s). CERTIFICATE HOLDER C ity of Cupertino 10300 T orre Ave . C u p e rti n o CA 950 14 CANCELLATION 30 Da s Notice of Canc ellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . © 1988-2015 ACORD CORPORATION . All r ights r eserved. ACORD 25 (2016/03) T h e ACORD n a m e a n d log o are reg i stered marks of ACORD 299 CC 06-04-2024 299 of 530 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6801H899998 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs . Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies . Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products-completed opera- tions hazard". CG 20 37 07 04 CG TS 02XXXX © ISO Properties , Inc ., 2004 Page 1 of 1 DATE OF ISSUE : 08/31/2021 300 CC 06-04-2024 300 of 530 COMMERCIAL GENERAL LIABILITY POLICY NUMBER 6801H899998 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed . Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies . (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above . B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply : This insurance does not apply to "bodily injury" or "property damage" occurring , or "personal injury" or "advertising injury" arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies , Inc . All rights reserved. Page 1 of 1 CG TS 01 xx xx Includes copyrighted material of Insurance Services Office , Inc. with its perm ission. DATE OF ISSUE: os131 12021 301 CC 06-04-2024 301 of 530 Policy# 6801 H899998 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares , we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non-Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injJry'' or "property damage" for which coverage is sought occurs ; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you . 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation , and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree : a. The statements in the Declarations are accurate and complete ; b. Those statements are based upon representations you made to us ; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information prmiided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance . However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or r1>nulations . 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us . The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V -DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition : a. Notices that are published include material placed on the Internet or on similar electronic means of communication ; and b . Regarding websites , only that part of a website that is about your goods , products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of21 © 201 7 The Travelers Indemnity Company . All rights reserved . CG T1000219 Includes copyrighted material of Insurance Services Office , Inc . with its permiss ion . 302 CC 06-04-2024 302 of 530 Policy # 6801 H899998 occupat ional therapist or occupational therapy assistant , physical therapist or speech-language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I - COVERAGES -COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means : a. Medical, surgical , dental , laboratory, x- ray or nursing service or treatment, advice or instruction , or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical , dental , or surgical supplies or appliances. 6. The following is added to Paragraph 4.b ., Excess Insurance , of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS : This insurance is excess over any valid and collectible other insurance , whether primary , excess , contingent or on any other basis , COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II - Who Is An Insured. K. MEDICAL PAYMENTS -INCREASED LIMIT The following replaces Paragraph 7. of SECTION Ill -LIMITS OF INSURANCE : 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit . L. AMENDMENT OF EXCESS INSURANCE CONDITION -PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary , excess , contingent or on any other basis, that is Professional Liability or similar coverage , to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B . M. BLANKET WAIVER OF SUBROGATION - WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us , of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS : If the insured has agreed in a written contract or agreement to waive that insured 's right of recovery against any person or organization, we waive our right of recovery against such person or organization , but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs ; or b. "Personal and advertis ing in jury" caused by an offense that is committed ; subsequent to the signing of that con t ract or ag reement. CG D3 79 0219 © 2017 The Travelers Indemnity Company . All rights reserved . Page 5 of 6 Includes copyrighted material of Insurance Services Office , Inc . with its perm issio n. 303 CC 06-04-2024 303 of 530 Policy : BA0S579947 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following : BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE in the BUSINESS AUTO COVERAGE FORM and Paragraph e. in A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE in the MOTOR CARRIER COVERAGE FORM, whichever Coverage Form is part of your policy: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". CA T4 37 0216 © 2016 The Travelers Indemnity Company. All rights reserved . Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission . 304 CC 06-04-2024 304 of 530 Policy#: BA0S579947 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured , of SECTION II -COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph B.5., Other Insurance of SECTION IV -BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization , that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory . CA T4 74 02 16 © 2016 The Travelers Indemnity Company. All rights reserved . Page 1 of 1 Includ es copyrighted material of Insurance Services Office, Inc . with its permission. 305 CC 06-04-2024 305 of 530 Pol icy # BA0S 579947 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following : AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5 ., Transfer of Rights Of Recovery Against Others To Us, of the CONDITIONS Section : 5. Transfer Of Rights Of Recovery Against Oth- ers 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 contract executed prior to any "accident" or "loss", provided that the "accident " or "l oss" arises out of the operations contemplated by such contract. The waive r ap- pli es only to the person or organization desig- nated in such contract. 6A "F3 40 02-15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 306 CC 06-04-2024 306 of 530 ~ TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A)- POLICY NUMBER: UB2L553909 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 mium. % of the California workers' compensation pre- Schedule Person or Organization Job Description Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. 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.) ~ - Insurance Company Countersigned by ____________ _ Travelers Property Casualty Company of America DATE OF ISSUE: 1112212021 Page 1 of 1 307 CC 06-04-2024 307 of 530 SIGNED_MIG for All-Inclusive Playground at Jollyman Park Final Audit Report 2021-12-10 Created: 2021-12-09 By: Julia Kinst Ouliak@cupertino.org) Status : Signed Transaction ID: CBJCHBCAABAA4F2c7BjpwgFJsSICx8DpGz71C4gcweSm "SIGNED_MIG for All-Inclusive Playground at Jollyman Park" Hi story ~ Document created by Julia Kinst Uuliak@cupertino .org) 2021-12-09 -6:39:15 PM GMT-IP address: 64 .165.34.3 0"0 Document approved by Julia Kinst Uuliak@cupertino.org) Approval Date : 2021-12-09 - 6:41 :23 PM GMT -Time Source: server-IP address : 64.165 .34 .3 ~ Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2021-12-09 -6:41 :25 PM GMT 0"0 Document approved by Araceli Alejandre (aracelia@cupertino .org) Approval Date : 2021-12-09 -11:56:31 PM GMT -Time Source : server-IP address : 64 .165.34.3 ~ Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature 2021-12-09 -11 :56:33 PM GMT ~ Email viewed by Christopher D. Jensen (christopherj@cupertino.org) 2021-12-10-0 :10 :34 AM GMT-IP address : 172.225.89.120 6;, Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date : 2021-12-10 -1 :47:55 AM GMT -Time Source : server-IP address : 136.24.42 .212 ~ Document emailed to Dianne Thompson (she/her) (diannet@cupertino.org) for signature 2021-12-10-1 :47 :59 AM GMT ~ Email viewed by Dianne Thompson (she/her) (diannet@cupertino.org) 2021-12-10 -3:18:35 AM GMT-IP address : 104 .28.124 .179 0"0 Document e-signed by Dianne Thompson (she/her) (diannet@cupertino.org) Signature Date : 2021-12 -10 -3:28 :01 AM GMT -Time Source : server-IP address : 99.179 .1 6.200 a I POWER.may Adobe Sign f;IJP'IIITINQ 308 CC 06-04-2024 308 of 530 ~ Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2021-12-10-3:28 :04 AM GMT 'El Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2021-12-10-4 :33:05 AM GMT-IP address : 172 .225 .89 .144 0"c, Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date : 2021-12-10 - 4 :33:24 AM GMT -Time Source: server-IP address : 69 .110.137.176 0 Agreement completed. 2021-12-10-4:33:24 AM GMT a I PCw'~i:REDi3Y Adobe Sign 4=Vl"lftTI NO 309 CC 06-04-2024 309 of 530 MIG Amendment 2 for All-Inclusive Playground at Jollyman Park Final Audit Report Created : By: Status : Transaction ID: 2023-07-11 City of Cupertino (webmaster@cupertino.org) Signed CBJCHBCAABAAuesluV_v2UKEpjhswWs4IriEEyl7ilud 2023-07-14 "MIG Amendment 2 for All-Inclusive Playground at Jollyman Par k" History ~ Document created by City of Cupertino (webmaster@cupertino.org) 2023-07-11 -0:54:24 AM GMT-IP address: 35.229 .54 .2 g Document emailed to Julia Kinst Uuliak@cupertino.org) for approval 2023-07-11 -0:57:31 AM GMT 0'0 Document approved by Julia Kinst Uuliak@cupertino.org) Approval Date: 2023-07-11 -0:59:25 AM GMT -Time Source: server-IP address: 98 .97 .58 .57 g Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2023-07-11 - 0:59:29 AM GMT 0c, Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date : 2023-07-11 -4:05:34 PM GMT -Time Source : server-IP address : 73 .170.104 .117 g Document emailed to Chris Beynon (chrisb@migcom.com) for signature 2023-07-11 -4:05 :39 PM GMT ~ Email viewed by Chris Beynon (chrisb@migcom.com) 2023-07-11 - 7:22 :09 PM GMT-IP address: 74 .125.209.35 ~ Email viewed by Chris Beynon (chrisb@migcom.com) 2023-07-13 -3:19:52 AM GMT-IP address: 104 .28 .116.106 ~ Email viewed by Chris Beynon (chrisb@migcom .com) 2023-07-14-3:43:04 AM GMT-IP address : 74 .125 .210 .141 0c, Document e-signed by Chris Beynon (chrisb@migcom.com) Signature Date : 2023-07-14 - 5 :36:19 PM GMT -Time Source: server-IP address : 64 .191 .87.162 lffl. I Powerecl tiy lliJ Adobe ,;~rm,~<> Acrobat Sign -------~ 310 CC 06-04-2024 310 of 530 181. Document emailed to christopherj@cupertino.org for signature 2023-07-14-5:36 :24 PM GMT ~ Email viewed by christopherj@cupertino.org 2023-07-14 -5:38:58 PM GMT-IP address : 104.47.74.126 0o Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2023-07-14-5:39 :15 PM GMT-IP address : 136 .24 .22 .194 0o Document e-signed by Christopher D. Jensen (christopherj@cupertino .org) Signature Date : 2023-07-14-5:39 :17 PM GMT -Time Source : server-IP address : 136 .24.22 .194 181. Document emailed to Pamela Wu (pamelaw@cupertino.org) for signature 2023-07-14-5:39 :21 PM GMT ~ Email viewed by Pamela Wu (pamelaw@cupertino.org) 2023-07-14-6:47 :48 PM GMT-IP address: 104.47.73 .126 0'e Document e-signed by Pamela Wu (pamelaw@cupertino .org) Signature Date : 2023-07-14 -6:48:02 PM GMT -T ime Source : server-IP address : 64 .165.34.3 181. Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2023-07-14 -6:48 :07 PM GMT ~ Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2023-07-14 -6:48 :20 PM GMT- IP address : 104.28 .123.94 0'e Document e-signed by Kirsten Squarcia (kirstens@cupertino .org) Signature Date : 2023-07-14 - 7:31 :21 PM GMT -Time Source: server-IP address : 162.245.20.145 0 Agreement completed. 2023-07-14 - 7 :31 :21 PM GMT I Powered by • Adobe <:ornm~o Acrobat Sign 311 CC 06-04-2024 311 of 530 FIRST AMENDMENT TO AGREEMENT 401 BETWEEN THE CITY OF CUPERTINO AND MIG, INC., FOR ALL-INCLUSIVE PLAYGROUND AT JOLLYMAN PARK This First Amendment to Agreement 401 between the City of Cupertino and MIG, Inc., is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and MIG, Inc., a Corporation ("Contractor") whose address is 205 5 Junction Ave., Suite 205, San Jose, CA 95131, and is made with reference to the following: RECITALS: On December 09, 2021 Agreement 401 ("Agreement") was entered into by and between City and Contractor for All-Inclusive Playground at Jollyman Park. A. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 4.1 Maximum Compensation ofthe Agreement is modified to read as follows: City will pay Consultant for satisfactory performance of the Service a total amount that will be based upon actual costs but that will be capped so as not to exceed $401,511.00 ("Contract Price"), based on the budget and rates set forth in Exhibit C, Compensation, and attached and incorporated here. The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant's actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price. Exhibit A of the Agreement is modified to include Exhibit A-1 Additional Services, attached hereto. 2. Paragraph 4.3 Additional Services of the Agreement is modified to read as follows: City has the discretion, but not the obligation, to authorized Additional Services up to an amount not to exceed $12,000.00. Additional Services provided to City's reasonable satisfaction will be compensated on a lump sum basis or based on time and expenses, in accordance with the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. If paid on an hourly basis, Consultant will be compensated for actual costs only of normal business expenses and overhead, with no markup or surcharge. ("Reimbursable Expenses"). Consultant will not be entitled to reimbursement for copying, printing, faxes, telephone charges, employee overtime, or travel to City offices or to the Project site. Exhibit A of the Agreement is modified to include Exhibit A-1, Additional Services, attached hereto. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 1 312 CC 06-04-2024 312 of 530 IN WITNESS WHEREOF , the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By /iah<&t. wu Title City Manager Date Oct 13, 2022 APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date Oct 13, 2022 EXPENDITURE DISTRIBUTION Item II PO Number Original Agreement Ii 2022-326 MIG, INC. O&t-~6r--By _________ _ Title Vice President/Chief Development Officer Date Oct 13, 2022 l:;;;;I ====;;;A;;;m;;;o;;;u;;;nt====;;;;;:II IAmendment #1 I Change in Scope, Change in Contract Amount 11 $389,s11.og 1=1 ========$=12=,o=o=o.=otj ,~IT_o_ta_l A~gr~ee_m_e_nt ___ ~ll~-------------~l~I ________ $_40_1~,5_1_1.~0tj 1 2 313 CC 06-04-2024 313 of 530 II Exhibit A-1 August 31, 2022 Evelyn Moran, Public Works Project Manager City of Cupertino City Hall 10300 Torre Ave. Cupertino, CA 95014 Re: Additional Services Jollyman Park Inclusive Playground (MIG proj. no. 30902) Dear Evelyn, As discussed, a restroom is being added to the project expanding work beyond that in the original scope of work. The following summarizes MIG's request for additional work and fees that are above and beyond the original contract, signed Dec. 9, 2021; BKF's effort will be addressed through a separate agreement. All other terms in the original contract remain in effect. Add Services #2 (New Task 7: Restroom) .................................................... $12,000 We are requesting additional fees under a new task number for additional work related to adding a restroom to the project and for anticipated work efforts discussed, as noted below: o Coordinating with BKF who is leading the restroom portion of the project o Providing aesthetic coordination to ensure the restroom finishes work with the play area improvements o Planting and irrigation design for the expanded work area for all drawing submittals (50%, 90%, 100%, and bid set) It is understood that the restroom will be integrated into the play area submittals as a single project for review and bidding; the restroom will not have separate review meetings but reviews will be incorporated into the planned review meetings for the play area. Task 7 Restroom Total: $12,000 PLANNING I DESIGN I COMMUNICATIONS I MANAGEMENT I SCIENCE I TECHNOLOGY 800 Hearst Avenue • Berkeley, CA 94710 • USA • 510-845-7549 • www.migcom.com Offices in: California • Colorado • Oregon • Texas • Washington 314 CC 06-04-2024 314 of 530 Evelyn Moran August 31, 2022 Page 2 of 2 Please feel free to contact us with any questions or additional information needed. Sincerely, Principal, Director of Community Design Services MIG Please sign below to indicate your agreement to the terms outlined in this letter as a revision to the original contract and budget. Evelyn Moran, Project Manager City of Cupertino Date 315 CC 06-04-2024 315 of 530 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 8/28/2022 ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~?cT The Certificate Team AssuredPartners Design Professionals Insurance Services , LLC PHONE I FAX 3697 Mt. Diablo Blvd Suite 230 /Alt' .,~ "-"· IA/C Nol : Lafayette CA 94549 ~t1l~~ss: CertsDesiqnPro@lAssuredPartners.com INSURER(S) AFFORDING COVERAGE NAIC# License#:6003745 INSURER A: Berkley Insurance Company 32603 INSURED MIGINC0-01 INSURER B : Travelers Property Casualty Company of America 25674 MIG , Inc. INSURER c: The Travelers Indemnity Company of Connecticut 25682 Moore lacofano Goltsman, Inc. 800 Hearst Ave INSURERD: Berkeley CA 94710 INSURERE : INSURER F: COVERAGES CERTIFICATE NUMBER: 1669425263 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICYEFF POLICY EXP LIMITS LTR TYPE OF INSURANCE •••~n ,.n,n POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl C X COMMERCIAL GENERAL LIABILITY y y 6801H899998 8/31/2022 8/31/2023 EACH OCCURRENCE $1,000,000 -:=J CLAIMS-MADE 0 OCCUR DAMAGE Ti9ERENTED f--PREMISES Ea occurrence l $1,000,000 X f-- Contractual Liab MED EXP (Any one person) $10,000 f-- Included PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 R 0 PRO-DLoc PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER: $ C AUTOMOBILE LIABILITY y y BAOS579947 8/31/2022 8/31/2023 COMBINED SINGLE LIMIT $1,000,000 (Ea accidentl f-- X ANY AUTO BODILY INJURY (Per person) $ f--OWNED ~ SCHEDULED BODILY INJURY (Per accident ) $ f--AUTOS ONLY f--AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accidentl f--f-- $ B X UMBRELLA LIAB MOCCUR y y CUPOH758762 8/31/2022 8/31/2023 EACH OCCURRENCE $10,000,000 f-- EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 OED I X I RETENTION$ n $ B WORKERS COMPENSATION y UB2L553909 8/31/2022 8/31/2023 X I ~-\%uTE I I OTH- ER AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED ? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 A Professional Liability N y AEC905795904 8/31/2022 8/31/2023 Per Claim $5,000,000 Aggregate Limit $5,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Umbrella Liability policy is a follow-form underlyin~ General Liability/Auto Liability/Employers Liability. Re: Jollyman Park All-Inclusive Playground The ity of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are named as an additional insured as respects general liability and auto liability as required per written contract or agreement. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s). CERTIFICATE HOLDER CANCELLATION 30 Days Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Cupertino 10300 Torre Ave . AU~RESE:: Cupertino CA 95014 --I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 316 CC 06-04-2024 316 of 530 Policy Number: BA0S579947 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 cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -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 dur- ing 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 un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever 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 addi- tional insured is an "insured" for Covered Autos Liability Coverage , but only for damages to which 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 -COV- ERED AUTOS LIABILITY COVERAGE : An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV -BUSI- NESS AUTO CONDITIONS : b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "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 in an "employee's" name , with your CA T3 53 0215 © 2015 The Travelers Indemnity Company . All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office , Inc . with its permission . 317 CC 06-04-2024 317 of 530 COMMERCIAL AUTO perm1ss1on, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a 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 us- ing 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 LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) 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 LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request , including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph 8.7., Policy Period, Coverage Territory, of SECTION IV -BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world , except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction , for Cov- ered 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) or members of thei r households . (a) With respect to any claim made or "su it" brough t 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 "in- sured " against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions . (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 "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph 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 fo r re- qui red or compulsory insurance in any country outside the United States , its ter- ritories and possess ions , Puerto Rico and Canada . Page 2"o f 4 © 20'1OThe1 ra vel ers In dem nity Company. All rights re-served. CA T3 53 02 15-- In cludes cop yrighted m ate rial of Insurance Services Office, In c. with it s permission . 318 CC 06-04-2024 318 of 530 You agree to maintain all required or compulsory insurance in any such coun- try 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 in- surance requirements . (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. 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., Deducti- ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to 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 Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION 111 -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ill -PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONALPROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel 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., Exclu- sions, 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 in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; 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 representa- tive prompt notice of the "accident" or "loss" ap- plies 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 liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice 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 CONDI- TIONS : 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 ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CAT3530215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc . with its permission . 319 CC 06-04-2024 319 of 530 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., Con- cealment, 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 . How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 © 2015 The Travelers Indemnity Compa ny. All rights reserved . CA T3 53 02 15 --~ • Includes copyrighted material of Insurance Services Office, Inc. with its permission . 320 CC 06-04-2024 320 of 530 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6801H899998 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s} Or Organization(s}: Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when , the bodily injury or property damage occurs . Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations . Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused , in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products-completed opera- tions hazard". CG 20 37 07 04 CG TS 02 XX XX © ISO Properties , Inc., 2004 Page 1 of 1 DATE OF ISSUE : 08l 3 112 022 321 CC 06-04-2024 321 of 530 COMMERCIAL GENERAL LIABILITY POLICY NUMBER 6801H899998 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed . Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG l:>3 61 03 05 eopyright 2005 The S . Paul Travele rs Companies, Inc . All rights reserved. Page 1 of 1 CG T8 01 xx xx Includes copyrighted material of Insurance Services Office, Inc. with its permission. DATE OF ISSUE: 08/31/2022 322 CC 06-04-2024 322 of 530 Policy # 6801 H899998 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also . Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers . d. Primary And Non-Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis , or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury'' or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you . 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Cm.erage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill . If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium , we will return the excess to the first Named Insured . c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy , you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or reoulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance , and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us . The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them . 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V -DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods , products or services for the purpose of attracting customers or supporters. For the purposes of this definition : a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Page16of21 © 2017 The Travelers Indemnity Company . All rights reserved . CG T1000219 Includes copyrighted material of Insurance Se rvi ces Office , Inc . with its permission . 323 CC 06-04-2024 323 of 530 Policy # 6801 H899998 occupational therapist or occupational therapy assistant, physical therapist or speech-language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE : For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I - COVERAGES -COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means : a. Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance , whether primary , excess, contingent or on any other basis , COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II - Who Is An Insured. K. MEDICAL PAYMENTS -INCREASED LIMIT The following replaces Paragraph 7. of SECTION Ill -LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION -PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION - WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed ; subsequent to the signing of that contract or agreement. CG-"-0379 02 f9 © ~7 The7"ravefers lndemnlty-Compan . All n gh ts reserved . Page -5 of6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 324 CC 06-04-2024 324 of 530 Policy#: BA0S579947 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE : This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period , to name as an additional insured for Covered Autos Liability Coverage , but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph B.5., Other Insurance of SECTION IV -BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization , that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory . CA T4 74 0216 © 2016 The Travelers Indemnity Company . All rights reserved . Page 1 of 1 Includes copyrighted material of Insurance Services Office , Inc . w ith its permission . 325 CC 06-04-2024 325 of 530 ... TRAVELERS] WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A)- POLICY NUMBER: UB2L553909 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 mium. % of the California workers' compensation pre- Schedule Person or Organization Job Description Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. 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.) <S' - Insurance Company Countersigned by ___________ _ Travelers Property Casualty Company of America DATE OF ISSUE: 8/28/2022 Page 1 of 1 326 CC 06-04-2024 326 of 530 CITY O F a DESIGN PROFESSIONAL SERVICES AGREEMENT (SINGLE} WITH MIG, INC CUPERT INO 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation ("City"), and MIG, Inc ("Consultant"), a Corporation for All-Inclusive Playground at Jollyman Park ("Project"), and is effective on the last date signed below ("Effective Date"). 2. SERVICES 2.1 Basic Services. Consultant agrees to provide the Basic Services for the Project, which are set forth in detail in the Scope of Services, attached here and incorporated as Exhibit A, and as further specified in Consultant's written Proposal as approved by City, except for any provision in the Proposal which conflicts or is inconsistent with this Agreement and the Exhibits hereto, or as otherwise expressly rejected by City. Consultant further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Additional Services. City may request at any time during the Contract Time that Consultant provide additional services for the Project, which are not already encompassed, expressly or implicitly, in the Agreement, the Scope of Services, or the Proposal ("Additional Services"). Additional Services must be authorized in writing by City and Consultant will not be paid for unauthorized Additional Services rendered. Additional Services are subject to all the provisions applicable to Basic Services, except and only to the extent otherwise specified by City in writing. All references to "Services" in the Agreement include Basic Services and Additional Services, unless otherwise stated in writing. The Services may be divided into separate sequential tasks, as further specified in this Agreement, the Scope of Services, and Consultant's Proposal. Consultant is solely responsible for its errors and omissions and those of its subconsultants, and must promptly correct them at its sole expense. Consultant must take appropriate measures to avoid or mitigate any delay, liability, and costs resulting from its errors or omissions. 3. TIME OF PERFORMANCE 3.1 Term. This Agreement begins on the Effective Date and ends on December 31, 2024, unless terminated earlier as provided herein ("Contract Time"). The City's appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City's purchasing policy. 3.2 Schedule of Performance. All Services must be provided within the times specified in Exhibit B, Schedule of Performance, attached and incorporated here. Consultant must promptly notify City of any actual or potential delay in providing the Services as scheduled to afford the Parties adequate opportunity to address or mitigate delays. If the Services are divided by tasks, Consultant must begin All-Inclusive Playground at Jollyman Park 1 of 11 Design Professional Agr (Single)/ October 2021 327 CC 06-04-2024 327 of 530 work on each separate task upon receiving City 's Notice to Proceed ("NTP"), and must complete each task within the time specified in ExhibitB. 3.3 Time is of the essence for the performance of all the Services . Consultant must have sufficient time, resources, and qualified staff to deliver the Services on time . 4. COMPENSATION 4.1 Maximum Compensation . City will pay Consultant for satisfactory performance of the Basic Services and Additional Services, if approved, a cumulative total amount that will be capped so as not to exceed $389,511.00 ("Contract Price"), as specified in Exhibit C, Compensation, attached and incorporated here. The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant's actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price . 4.2 Basic Services. City will pay Consultant $389,511.00 ("Lump Sum Price") for the complete and satisfactory performance of the Basic Services in accordance with Exhibit C. The Lump Sum Price is inclusive of all time and expenses, including, but not limited to, sub-Consultants' costs, materials, supplies, equipment, travel, taxes, overhead, and profit. If the Basic Services are not fully completed, Consultant will be compensated a percentage of the Lump Sum Price proportionate to the percentage of Basic Services that were completed to City's reasonable satisfaction. 4.3 Additional Services. City has the discretion, but not the obligation, to authorize Additional Services up to an amount not to exceed $0.00 Additional Services provided to City 's reasonable satisfaction will be compensated on a lump sum basis or based on time and expenses, in accordance will the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. If paid on an hourly basis, Consultant will be compensated for actual costs only of normal business expenses and overhead, with no markup or surcharge ("Reimbursable Expenses"). Consultant will not be entitled to reimbursement for copying, printing, faxes, telephone charges, employee overtime, or travel to City offices or to the Project site. 4.4 Invoices and Payments. Monthly invoices must describe the Services completed and the Amount due for the preceding month. City will pay Consultant within thirty (30) days following receipt of a properly submitted and approved invoice for Services. The invoice must separately itemize and provide subtotals for Basic Services and Additional Services, and must state the percentage of completion for each task, as specified in Exhibit C. City will notify Consultant in writing of any disagreements with the invoice or the stated percentage of completion of tasks. If the disagreement is unresolved, City will pay Consultant only for the undisputed portion of the Services . Disputed amounts shall be subject to the Dispute Resolution provision of this Agreement. a. Time and Expenses. For Additional Services provided on an hourly basis, each invoice must also include, for each day of Services provided: (i) name and title of each person providing Services ; (ii) a succinct summary of the Services performed by each person; (iii) the time spent per person, in thirty (30) minute increments; (iv) the hourly billing rate or Sub-Consultant charge and payment due ; and (v) an itemized list with amounts and explanation for all permitted reimbursable expenses . Al l-Inclusive P layground at Jollyman Park 2 of 11 D es ign Professi onal Agr (Single )/ October 202 1 328 CC 06-04-2024 328 of 530 b. Rates and Receipts. All hourly rates and reimbursable expenses must conform to the City-approved rates set forth in Exhibit C, which will be in effect for the entire Contract Time. Each invoice must attach legible, dated receipts for Reimbursable Expenses. 5. INDEPENDENT CONTRACTOR 5.1 Status. Consultant is an independent Consultant and not an employee, partner, or joint venture of the City. Consultant is solely responsible for the means and methods of performing the Services and shall exercise full control over the employment, direction, compensation and discharge of all persons assisting Consultant in performing the Services. Consultant is not entitled to health benefits, worker's compensation, retirement, or any City benefit. 5.2 Qualifications and Standard of Care. Consultant represents on behalf of itself and its sub- Consultants that they have the qualifications and skills to perform the Services in a competent and professional manner, as exercised by design professionals performing similar services in the San Francisco Bay Area. Services may only be performed by qualified and experienced personnel or subconsultants who are not employed by City and do not have any contractual relationship with City excepting this Agreement. All Services must be performed as specified to City's reasonable satisfaction. 5.3 Permits and Licenses. Consultant warrants on behalf of itself and any sub-Consultants that they are properly licensed, registered, and/or certified to perform the Services, as required by law, and that they have procured a valid City Business License, if required by the Cupertino Municipal Code. 5.4 Sub-Consultants. Unless prior written approval from City is obtained, only Consultant's employees and sub-Consultants whose names are included in this Agreement and incorporated Exhibits may provide Services under this Agreement. Consultant must require all sub-Consultants to furnish proof of insurance for workers' compensation, commercial liability, auto, and professional liability in reasonable conformity to the insurance required of Consultant. The terms and conditions of this Agreement shall be binding on all sub-Consultants relative to the portion of their work. 5.5 Tools, Materials, and Equipment. Consultant will supply and shall be responsible for all tools, materials, and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Consultant and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Consultant shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Consultant's business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Consultant. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Consultant, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Consultant agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City All-Inclusive Playground at Jollyman Park 3 of 11 Design Professional Agr (Single)/ October 2021 329 CC 06-04-2024 329 of 530 as a result of such determination, so that the City's total expenses under this Agreement are not greater than they would have been had the determination not been made. 5.7 Errors and Omissions. Consultant is solely responsible for its errors and omissions and those of its sub-Consultants, and must take prompt measures to avoid, mitigate, and correct them at its sole expense. 6. PROPRIETARY/CONFIDENTIAL INFORMATION During the Contract Time, Consultant may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City. Consultant shall hold in confidence all City information and use it only to perform this Agreement. Consultant shall exercise the same standard of care to protect City information as a reasonably prudent Consultant would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Subject to City meeting its payment obligations for the Services, any interest (including copyright interests) of Consultant in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium, prepared by Consultant under this Agreement ("Work Product"), will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to a third-party without prior written approval by City 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all copyrights to the Work Product prepared/created by Consultant and its sub-Consultants and all copyrights in such Work Product shall constitute City property. If it is determined under federal law that the Work Product is not "works for hire," Consultant hereby assigns to City all copyrights to the Work Product when and as created, and shall require sub-Consultants to do the same. Consultant may retain copyrights to its standard details, but hereby grants City a perpetual, non-exclusive license to use such details. 7.3 Patents and Licenses. Consultant must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Consultant and its sub-Consultants to execute or implement any of the following, but Consultant shall not be responsible or liable for City's re-use ofWorkProduct: (a) For work related to the original Services for which Consultant was hired; (b) To complete the original Services with City personnel, agents or other Consultants; (c) To make subsequent additions to the original Services; and/or (d) For other City projects. 7.5 Deliverables and Format. Electronic and hard copies of the Work Product constitute part of the Deliverables required under this Agreement, which shall be provided to City on recycled paper and copied on both sides, except for one single-sided original. Large-scale architectural plans and similar All-Inclusive Playground at Jollyman Park- 4 of 11 Design Professional Agr (Single)/ October 2021 330 CC 06-04-2024 330 of 530 items must be in CAD and PDF formats, and unless otherwise specified, other documents must be in Microsoft Office applications and PDF formats . 8. RECORDS 8.1 Consultant must maintain complete, accurate, and detailed accounting records relating to the Services and Compensation, in accordance with generally accepted accounting principles and procedures. The records must include detailed information about Consultant's performance, benchmarks, and deliverables. The records and supporting documents must be kept separate from other files and maintained for a period of four ( 4) years from the date of City's final payment. 8.2 Consultant will provide City full access to Consultant's books and records for review and audit, to make transcripts or copies, and to conduct a preliminary examination of all the work, data, documents, proceedings, and activities related to this Agreement. If a supplemental examination or audit of Consultant's records discloses non-compliance with appropriate internal financial controls, a contract breach, or a failure to act in good faith, City will be entitled to recover from Consultant the costs of the supplemental examination. If this is a lump sum fee Agreement, City will be provided access to records of reimbursable expenses and the instruments of service/deliverables for review and audit. This Section 8 survives the expiration/termination of this Agreement. 8.3 Consultant acknowledges that certain documents generated or received by Consultant in connection with the performance of this Agreement, including but not limited to correspondence between Consultant and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Consultant shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Consultant as a legal entity will be considered an Assignment subject to City approval, which shall not be unreasonably withheld. For purposes of this provision, control means fifty percent (50%) or more of the voting power of the business entity. This Agreement binds Consultant, its heirs, successors and assignees . 10. PUBLICITY / SIGNS Any publicity generated by Consultant for the project under this Agreement, during the term of this Agreement and for one (1) year thereafter, will reference the City's contributions in making the project possible. The words "City of Cupertino" will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. No signs may be posted, exhibited, or displayed on or about City property, except signage required by law or this Agreement, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law and except for losses caused by the sole or active All-Inclusive Playground at Jollyman Park 5 of 11 Design Professional Agr (Single)/ October 2021 331 CC 06-04-2024 331 of 530 negligence or willful misconduct of City personnel, Consultant agrees to indemnify, defend, and hold harmless the City as follows: a. Indemnity for Design Professional Liability: With respect to the performance of design professional services by a design professional as defined in California Civil Code Section 2782.8, to the fullest extent permitted by law, Consultant shall indemnify and hold harmless City, its officers, officials, agents, employees, and volunteers (collectively and/or individually "City") from and against any and all liabilities, claims, damages, losses, costs, or expenses (including, without limitation, costs, attorneys' fees, and expert fees of litigation and alternative dispute resolution) of every nature to the extent arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, servants, agents, or subcontractors (collectively and/or individually "Consultant"), in the performance of this Agreement or failure to comply with any obligations of the Agreement. If it is finally determined (through a non-appealable judgment or an agreement between City and Consultant) that liability is caused by the comparative negligence or willful misconduct of City, then Consultant's indemnification and hold harmless obligation shall not exceed Consultant's finally determined percentage of liability based upon the comparative fault of Consultant. Irrespective of any language to the contrary in this Agreement, the Consultant has no duty to provide or to immediately pay for an up-front defense of City against unproven claims or allegations, but shall reimburse those litigation costs and expenses (including, without limitation, attorneys' fees, and expert fees) incurred by the City to the extent caused by the negligence, recklessness, or willful misconduct of Consultant. In no event shall the cost to defend charged to Consultant exceed Consultant's proportional percentage of fault, except as described in Section 2782.8(a) and (e) of the California Civil Code. b. Claims Involving Intellectual Property. Consultant shall indemnify, defend, and hold harmless Indemnitees from and against any claim involving intellectual property, infringement, or violation of a United States patent right or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights, which arises out of, pertains to, or relates to Consultant's negligence , recklessness, or willful misconduct. Such costs and expenses will include reasonable attorney fees for legal counsel of City's choice, expert fees, and all other costs and fees of litigation. c. Claims for Other Liability. Except as provided in subsections 11.l(a) and (b), to the fullest extent permitted by law , Consultant shall hold harmless, defend (with counsel agreed to by City), and indemnify City and its officers, officials, agents, employees, and volunteers (collectively and/or individually "City") from and against any and all liability, claim , loss , damage , expense, costs (including, without limitation, costs, attorneys' fees, and expert fees of litigation) of every nature arising out of, related to, or in connection with the performance of work hereunder by Consultant or any of its officers, employees, servants, agents, or subcontractors, or the failure of the same to comply with any of the obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or sole willful misconduct of the City. Consultant's duty to defend applies immed iately, whether or not liability is established . An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend as stated herein. All -Inc lusive P-layground at ollyman Park: 6 of 11 D esig n Professio nal Agr (Si ng le)/ Octob er 2021 332 CC 06-04-2024 332 of 530 11.2 Consultant will assist City, at no additional cost, in the defense of any claim, dispute, or lawsuit arising out of this Agreement. Consultant's duties herein are not limited to or subject to the Contract Price, to Workers' Compensation claims, or to the Insurance or Bond limits and provisions. Nothing in this Agreement shall be construed to give rise to an implied right of indemnity in favor of Consultant against any Indemnitee. 11.3 Consultant agrees to pay the reasonable costs City may incur in enforcing this provision related to Consultant's indemnification duties, including reasonable attorney fees, fees for legal counsel acceptable to City, expert fees, and all other costs and expenses related to a claim or counterclaim, a purchase order, another transaction, litigation, or dispute resolution. Without waiving any rights, City may deduct money from Consultant's payments to cover moneys due to City. 11.4 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.5 This Section 11 shall survive expiration or termination ofthis Agreement. 12. INSURANCE On or before the Contract Time commences, Consultant shall furnish City with proof of compliance with City Insurance Requirements, attached and incorporated here as Exhibit D. City will not execute the Agreement until Consultant has submitted and City has reasonably approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Alternatively, City may terminate this Agreement or in its sole discretion purchase insurance at Consultant's expense and deduct costs from payments to Consultant. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Consultant shall comply with all laws and regulations applicable to this Agreement. Consultant will promptly notify City of changes in the law or other conditions that may affect the Project or Consultant's ability to perform. Consultant is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act, or other federal or state law, rule or regulation. 13.2 Labor Laws. Consultant shall comply with all labor laws applicable to this Agreement. If the Services include a "public works" component, Consultant must comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. To the extent applicable, Consultant must comply with City's Labor Compliance Program and with state labor laws pertaining to working days, overtime, payroll records and DIR Registration and Oversight. If the Contract Price is $30,000 or more, Consultant must comply with the apprenticeship requirement in Labor Code Section 1777.5. 13.3 Discrimination Laws. Consultant shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Consultant shall comply with all anti-discrimination laws, including All-Inclusive Playground at Jollyman Park 7 of 11 Design Professional Agr (Single)/ October 2021 333 CC 06-04-2024 333 of 530 Government Code Section 12900 and 11135, and Labor Code Section. 1735, 1777, and 3077.5 . Consistent with City policy prohibiting it, Consultant understands that harassment and discrimination by Consultant or any of its sub-Consultants toward a job applicant, an employee, a City employee, or any other person is strictly prohibited. Consultant agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Consultant shall comply with all conflict of interest laws and regulations applicable to this Agreement and must avoid any conflict of interest. Consultant warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement in violation of California Government Code Section 1090 et seq. Consultant may be required to file a conflict of interest form if Consultant makes certain governmental decisions or serves in a staff capacity, as provided in Section 18700 of Title 2 of the California Code of Regulations and other laws. Services may only be performed by persons who are not employed by City and who do not have any contractual relationship with City, with the exception of this Agreement. Consultant is familiar with and agrees to abide by the City's rules governing gifts to public officials and employees. 13.5 Remedies. A violation of this Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating this Agreement. City reserves all its rights and remedies under law and this Agreement, including the right to seek indemnification under Section 11. Consultant agrees to indemnify, defend, and hold City harmless from and against any loss, liability, and expenses arising from noncompliance with this Section. 14. PROJECT COORDINATION 14.1 City Project Manager. The City's Project Manager for all purposes under this Agreement will be Evelyn Moran, who shall have the authority to manage this Agreement and oversee the progress and performance of the Services. City in its sole discretion may substitute another Project Manager at any time and will advise Consultant of the new representative. 14.2 Consultant Project Manager. Subject to City's reasonable approval, Consultant's Project Manager for all purposes under this Agreement will be Jan Eiesland who shall be the single representative for Consultant with the authority to manage compliance with this Agreement and oversee the progress and performance of the Services . This includes responsibility for coordinating and scheduling the Services in accordance with City instructions, service orders, and the Schedule of Performance , and providing regular updates to the City 's Project Manager on the Project status , progress, and any delays . City written approval is required prior to Consultant substituting a new Project Manager, which shall result in no additional costs to City or Project delays. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project with thirty (30) calendar days written notice to Consultant. Consultant will be compensated for satisfactory Services performed through the date of abandonment and will be given reasonable time to assemble the work and close out the Services . No close out work shall be conducted without City reasonable approval of closure costs, which may not exceed ten percent (10%) of the total time expended to the date of abandonment. All charges including job closure costs will be paid in accordance with the provisions of this Agreement and within thirty (30) days of Consultant 's final invoice reasonably approved by the City . :Al l-Inclusive Playground -at Jo ll yman Park 8 of 11 De sign Professi on al Agr (Si ngle)/ October 2021 334 CC 06-04-2024 334 of 530 16. TERMINATION City may terminate this Agreement for cause or without cause at any time, following reasonable written notice to Consultant at least thirty (30) calendar days prior to the termination date. Consultant will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Consultant closes out the Services and delivers all Work Product to City. All charges approved by City including job closure costs will be paid within thirty (30) days of Consultant's final invoice. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California, excepting any choice of law rules which may direct the application of laws of another jurisdiction. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Consultant must comply with the claims filing requirements under the Government Code prior to filing a civil action in court against City. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement ( or the successors of those authorities). If a dispute arises, Consultant must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. This Section 18 survives the expiration/termination of this Agreement. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries ohhis Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City's waiver of any breach shall not be deemed to constitute waiver of another term, provision, covenant, or condition or a subsequent breach, whether of the same or a different character 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of the Parties, of every kind or nature, and supersedes any and all other agreements and understandings, either oral or written, between them. Any modification of this Agreement will be effective only if in writing and signed by each Party's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of this main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling . All-Inclusive Playground at Jollyman Park 9 of 11 Design Professional Agr (Single)/ October 2021 335 CC 06-04-2024 335 of 530 22. INSERTED PROVISIONS Each contractual provision or clause that may be required by law is deemed to be included and will be inferred in this Agreement. Either party may request an amendment to cure any mistaken insertion or omission of a required provision. 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY IP ARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. 25. SURVIVAL All provisions which by their nature must continue after the Agreement ends, including without limitation those referenced in specific Sections herein, survive this Agreement and shall remain in full force and effect. 26. NOTICES All notices, requests, and approvals must be sent to the persons below in writing to the persons below, and will be considered effective on the date of personal delivery, the delivery date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino: Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Evelyn Moran Email : evelynm@cupertino .org 27. EXECUTION To Consultant: MIG, Inc 2055 Junction Ave, Suite 205 San Jose, CA 95131 Attention: Jan Eiesland Email: jeiesland@migcom.com The person executing this Agreement on behalf of Consultant represents and warrants that Consultant has the right, power, and authority to enter into this Agreement and carry out all actions herein, and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Consultant. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. All -Inclusive Playground at :Tollyman Park 10 of 11 Desi gn Professio nal Agr (Sing le)/ Octobe r 20 2 1 336 CC 06-04-2024 336 of 530 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the Effective Date stated earlier in this Agreement. CITY OF CUPERTINO A Municipal Corporation Byp~ '?M~n-~/k_) Name Dianne Thompson (she/her) Title Acting City Manager Date Dec 9, 2021 APPROVED AS TO FORM: Chrisfopher D. Jensen CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Dec 9, 2021 All-Inclusive Playground at Jollyman Park MIG,INC O+t;r~ By _________ _ Name Chris Beynon Title Vice President/Chief Development Officer Date Nov 24, 2021 11 of 11 Design Professional Agr (Single)/ October 2021 337 CC 06-04-2024 337 of 530 EXHIBIT A Jollyman Park All-Inclusive Playground Scope of Work 11.12.2021 MIG has prepared the following Scope of Work to illustrate how we will facilitate successful completion of the Jollyman Park All -Inclusive Playground Project. This scope captures and clarifies assumptions of the tasks incorporated in the attached Fee Proposal spreadsheet. The details are based on our understanding of the requirements stated in the Jollyman Park Aug. 2, 2021 RFQ and Addenda . Project Understanding Located in Cupertino, CA, the project entails replacing the southern existing play area atJollyman Park with an all- inclusive playground . Per the City's RFQ, the project aims to incorporate the best in supportive play theories and practices to appeal to people of all ages and abilities . The design will support recreation and social interaction for people with autism, sensory challenges, cognitive, developmental, and physical disabilities -as well as those without special needs. The project will have specific all-inclusive play amenities that will be further developed from the initial concept design with community engagement. Potential site improvement areas include walkways, storm water runoff reduction, utility identification and adjustments, landscape, irrigation, and similar site improvements within the project area. Recommended site improvements shall be based on the established Cupertino Engineering Standards. The design will be in accordance with AIPG funding guidelines; local, state and federal ADA and playground safety guidelines and requirements . TASK 1: PROJECT INITIATION Task 1.1 Project Kick-off Meeting & Site Tour To initiate the project, the MIG Team will participate in a meeting with the City of Cupertino Jollyman project team ('The City') to discuss the project goals, opportunities, and challenges, as well as to establish project communication protocols, review project tasks and schedule, and other coordination topics to be determined in cooperation with the City. We see this meeting as an important step in developing a collabo rati ve team that is committed to a shared process and vision for Jollyman Park . The MIG Team will also conduct a site tour to observe and document the existing site conditions, uses and character of Jollyman Park. Topic areas to be observed include circulation, accessibility, signage and wayfinding, lighting, natural features, social relationships, and experiential opportunities. Depending on weather and current safety protocols this may be staged as two meetings within the same week : a virtual kick-off/goals meeting followed by an in-person site tour of Jollyman Park. If an in-person kick-off meeting is feasible, then the meeting and site visit will be scheduled to occur consecutively on the same day. Task 1.2 Project Scope & Schedule Finalization MIG will work with the City of Cupertino to customize and finalize the scope and schedule, so that tasks meet the City's preferred process and timeline . Task 1.3 Background Information Request & Assembly The MIG team will prepare a consolidated list of background information needed from the City. MIG will assemble the information and make it available for use by all team members over the course of the project. 1 338 CC 06-04-2024 338 of 530 EXHIBIT A Task 1.4 Community Engagement Part 1: Prepare to Engage MIG will develop a plan for community engagement, mapping out how and when to use engagement and communication techniques in a Community Outreach and Engagement Plan . We will work with the City to identify stakeholders, including both City staff and community groups, whose insights and support will help build a successful park. This plan will guide our efforts as we gather information, listen to the community and work towards the final site plan. Should the community engagement plan identify different efforts than those included below, the scope and fee will need to be revised . Task 1.5 Inclusive Play Primer Presentation To assist the City in gaining internal staff support for the Jollyman Play Area mission and goals, MIG will provide a two-hour interactive virtual presentation about the importance and goals of an inclusive play area . MIG will create a virtual presentation to be attended by City Staff and key stakeholders. The goal for this meeting is to get all the various stakeholders to understand the project goals, learn information about inclusivity, and begin speaking the same language when it comes to inclusive play environments. The City may post to their website for a period of 3 months and keep a recording of the presentation for internal staff use. Task 1.6 Project Management and Team Coordination MIG will coordinate the work of the MIG Team throughout the duration of the design phases, prepare the Project schedule, monitor the Project budget, establish, and monitor project quality, setup project accounting and prepare and submit monthly invoices. The MIG Team will coordinate and strategize with the City via 1-hour video calls to review progress and discuss direction and next steps. Please refer to the accompanying fee spreadsheet for the assumed task duration and number of meetings for each phase . MIG's project manager will participate in these calls, as well as other pertinent team member at times, depending on the agenda . TASK 1 DELIVERABLES ■ Final Scope and Schedule ■ Community Outreach and Engagement Plan ■ Inclusive Play Primer Recording ■ Coordination meeting notes (for meetings led by the MIG Team) ■ Monthly invoices TASK 2: DATA COLLECTION AND EXISTING CONDITIONS TASK 2.1 Topographic Survey BKF will prepare a topographic survey of the 1.75 ac project area and surroundings as outlined on the project limits diagram (see Survey Exhibit on the last page). Topographic survey will not include a boundary survey. Task 2.2 Existing Utilities & Stormwater Coordination BKF will identify existing utilitity locations, through records research and online databases, perform a Site visit to document those utilities whose above ground features can be determined by visual means and discuss potential utility constraints with MIG and the City . BKF will also document in a graphic the existing project site drainage conditions, along with new stormwater requirements to meet City/County/Regional requirements . TASK 2.3 Geotechnical Report Ninyo + Moore will conduct geotechnical sampling, to include taking two exploratory borings within the project site to ascertain subsurface soil conditions. They will interpret borings and provide a geotechnical report to address design of the playground pavement types and footings . Provide a copy of the Geotechnical Report to the City. 2 339 CC 06-04-2024 339 of 530 EXHIBIT A TASK 2.4 Review of Requirements, Existing Conditions and Background Documents Th e MIG Team will review code s, standards and environmental reg ulations applicable to Jollyman Pa rk and t h e potenti al park improvements. We will review City-provided documents and on-line research , regarding the site's natural, social and cultural history, including land use, demographics, property boundari es , as well as ongoing site operations and maintenance issues. Task 2.5 Site Analysis, Opportunities & Constraints The MIG Team will develop a scaled base map of the park site, using an aerial and/or the survey, which assembles relevant information on the existing park site and the area immediately adjacent, including circulation, park features, trees and other information as appropriate . We will prepare a graphic summarizing existing assets, issues and opportunities, including circulation and accessibility, landscape features and overall character, paying special attention to human developmental needs and environmental health and sustainability . Task 2.6 Community Engagement Part 2: Listen, Learn, Vision Building on the engagement plan and key stakeholders identified in Community Engagement Part 1, The M IG Team will prepare graphic materials to be used in several outreach methods identified in the plan. Our assumption is that this will include an on line survey; boards with similar content and a QR code that the City may print, laminate and hang at the park; (1) virtual community meeting; and (2) smaller stakeholder meetings-either virtual or outdoors . Materials will be designed to both share the site analysis and listen to the community's own site expertise and local knowledge . In addition to patterns of use and des i red experiences, MIG will work with the City to strategize engagement activities that w ill also provide an understanding of the site and area's underlying character and cultural influences, which can be expressed in the design . Task 2.7 Analysis and Outreach Summary Report The MIG team will prepare an existing condition report that details the requirements, existing conditions, assumptions, constraints, opportunities, risks and risk mitigation . The report should also reflect community outreach participant input. This report will be available for the City to post to the web to keep the community informed, for help with fund raising, and for use as background for other City presentations made by City staff. Task 2.8 Project Management and Team Coordination The MIG Team will continue Project Management and Team Coordination duties as described in Task 1 and with additional meetings as noted on the accompanying fee spreadsheet. TASK 2 DELIVERABLES Unless otherwise noted, all deliverables will be provided in PDF format. We assume one round of minor revisions for each based on the City's consolidated comments . ■ Topographic Survey (AutoCad file and PDF) ■ Existing Utilities and Drainage Conditions Summary Graphic ■ Geotechnical Report ■ Project Base Map & Site Analysis ■ Site Analysis , Opportunities & Constraints Graphics ■ Community Engagement Part 2 materials ■ Analysis and Engagement Summary Report ■ City Review Meetings Agendas & Meeting summarie s ■ Monthly invoices TASK 3: CONCEPT DESIGN Task 3.1 Draft Concept Designs The MIG Team will prepare up to (2) Concept Plan s that dep i ct the scale and relationships between the differ ent park areas and show how the elements are orga niz ed and connected w ith in each area . Alternatively, the analysi s 3 340 CC 06-04-2024 340 of 530 EXHIBIT A and input may direct the project towards one primary layout with options. The Concept drawings will contain enough information to explain the general form, content, and quality of the design, including: • Site vision statement with a short narrative description that characterize the main features, unique aspects, visitor experience, program elements, and operations • Concept plan • Precedent design images to support the design ideas • Opinion of Probable Costs • Monthly invoices Task 3.2 City Review Meeting Two-hour virtual meeting . MIG will present the (2) Concept Plans to City Staff for feedback and approval. MIG and the City will also use this meeting to coordinate the details of the upcoming public engagement actions and events. Task 3.3 Commission/Council Meetings MIG will present the Concept Plans at (2) Commission/Council meetings for input and approval, such as Parks and Recreation Commission and City Council. Assume each is a virtual one-hour meeting. More presentations can be accommodated through extra services if needed. Task 3.4 Community Engagement Part 3: Consider the Concepts MIG will revise/finalize the Concept Plans per City feedback and create both analog and digital content to share the Concept Plans with the public for evaluation and feedback . MIG will review the public engagement materials with City Staff for approval. MIG will monitor any online survey results over a two-to three-week period. MIG will also lead up to (2) additional community conversations (either facilitated on line or, if social distancing policies allow as small coffee meetings), intercept events, pop-ups, or outreach opportunities as determined with the City . Task 3.5 City Review Meeting Two-hour virtual meeting. MIG will meet with the City to discuss the community engagement process and feedback ; and to go over options and direction for developing the Preferred Concept . Task 3 .6 Preferred Concept Design The MIG Team will incorporate the public and City feedback into a Preferred Concept. The Preferred Concept will contain enough information to explain the general form, content, and quality of the design, including : • a statement describing the vision for the site • a short narrative description that characterizes the main features, unique aspects, visitor experience , program elements, and operations • precedent design images to support the concept plan • Conceptual level grading plans for disturbed areas within the project limits • Conceptual utility connection plans including storm drainage, preliminary stormwater treatment and detention facility sizes, sanitary sewer, water, and fire protection services • Opinion of Probable Costs Task 3. 7 City Review Meeting Two-hour virtual meeting. MIG will present the Preferred Concept to the City for review and feedback . Task 3.8 Illustrative 3d/Bird's-eye view Graphic Provide an illustrative 3d or Bird's-eye view site graphic to share with the community and help with fund raising . Task 3.9 Community Engagement Part 4: Define the Project MIG will finalize the Preferred Concept per the City feedback and will create graphics and materials for a final virtual public presentation . MIG will review the public engagement materials with City Staff for approval. Allow for (1) round of revisions . 4 341 CC 06-04-2024 341 of 530 EXHIBIT A MIG will share the Preferred Concept design and Illustrative Graphic with the public to show how earlier community input shaped the final concept. MIG will provide a multi-media, online walk-through of the Preferred Concept with an opportunity to provide general feedback. This step is an opportunity to celebrate the culmination of the community engagement process and mark the transition to the next stage-construction drawings and building the new playground. Task 3.10 City Review Meeting Two-hour virtual meeting. MIG will meet with City Staff to discuss the public's comments and get final approval before moving into the Construction Documents phase. Task 3.11 Environmental Approvals Coordination MIG will provide minor assistance with graphics and coordination. More help may be provided if desired as additional services. Task 3.12 Project Management and Team Coordination The MIG Team will continue Project Management and Team Coordination duties as described in Task 1 and with additional meetings as noted on the accompanying fee spreadsheet . TASK 3 DELIVERABLES Unless otherwise noted, all deliverables will be provided in PDF format. We assume one round of minor revisions for each based on the City's consolidated comments. • Draft Plans & Opinion of Probable Costs • Commission/Council Presentations (2) • Community Engagement Part 3 materials and summaries • City Review Meetings Agendas & Meeting summaries • Preferred Concept Plan & Opinion of Probable Costs • Illustrative 3D/Birdseye Graphic • Community Engagement Part 4 materials and summaries • Monthly invoices TASK 4: CONSTRUCTION DOCUMENTS (CD) The MIG Team will prepare design plans, construction documents, specifications and opinions of probable costs at the milestones noted below. We will schedule the design and bid process, identifying significant milestone dates and actions items for the project team and assist the City in developing bid documents to advertise for construction. The City will provide any City-required standard details, titleblocks, requirements, and specifications to the MIG team at the beginning of this phase . All submittals will be in the form of a PDF submitted through email, Google drive, or other free and readily available digital sharing format approved by The City. Task 4.1 Preliminary CD Plans The MIG Team will prepare preliminary plans in AutoCAD showing the layout of proposed play area elements, including play elements, paving, site furnishings, planting areas and other site features . Task 4.2 Preliminary CD City Check-in Meeting MIG will facilitate a meeting with City staff to review consolidated comments on the preliminary plans to clarify questions and confirm corrections or minor refinements needed for the 50% set. A summary of the meeting will be prepared . Task 4.3 50% CD Submittal The MIG Team will prepare construction documents to a 50% level of completion, drafted in digital format using AutoCAD. Plans shall be prepared at a minimum of 1" = 20' scale, As part of the package, the MIG Team will 5 342 CC 06-04-2024 342 of 530 EXHIBIT A develop a materials and equipment schedule reflecting site material, equipment and furnishing selections so the City can review the new playground's proposed aesthetic vision. This scope assumes the development of one set of construction drawings for a single-phase project. If the City's budgeting results in the need for phasing or alternates, these can be provided for an additional fee. Task 4.4 50% CD Opinion of Probable Costs The MIG Team will develop an Opinion of Probable Costs based on the submitted plans. Task 4.5 50% CD Regulatory Approval Coordination/Assistance (Allowance) The MIG Team has a small allowance to allow for regulatory approval document preparation and coordination for City reviews such as ADA review, stormwater, and the maintenance department. Task 4.6 City Review Meeting The City will provide one set of consolidated review comments detailing the required changes to the 50% CD drawings and opinion of probable costs. These will be discussed in a two-hour (maximum) virtual meeting between the City and MIG to confirm design direction before beginning the 90% CD package. Task 4.7 90% CD Submittal Based on the 50% CD's submittal and incorporating the City's direction from the 50% CD review meeting, the MIG Team will prepare construction documents to a 90% level of completion . The MIG Team will also provide CSI format technical specifications related to the scope of work . Design documentation, including specifications, will be consistent with required federal, state, and local codes and regulations . Task 4.8 90% CD Opinion of Probable Costs & QA/QC Review The MIG Team will develop an Opinion of Probable Costs based on the submitted plans. MIG's QAQC team will perform an in-house review of drawing set and specifications to ensure Quality Assurance+ Quality Control. Task 4.9 City Review Meeting The City will provide one set of consolidated review comments detailing any required changes to the Design 90% CD package. These will be discussed and finalized in a two-hour (maximum) virtual meeting between the City and MIG prior to finalizing the 100% CD package. Task 4.10 100% CD Submittal/Permit Set Based on the final consolidated list of comments and direction from the City, the MIG Team will advance the construction documents set to a level of 100% completion. We will produce final technical specifications in CSI format to describe the requirements for construction materials, equipment, systems, standards, and workmanship. The City will be responsible for providing the Division I specifications sections. The MIG team assumes that multiple permit packages are not required and that 100% construction documents will be comprise the construction permitting set. The MIG Team will package the 100% complete construction documents and submit to the City for final review and comment (PDF format). One round of minor edits may be incorporated by the MIG Team to create the final Permit Set. Task 4.11 Bid Set Preparation Incorporating minor revisions related to comments from the permitting review, the MIG Team will prepare final design (bid) documents based on the 100% drawings and techncial specifications. Task 4.12 Project Management and Team Coordination The MIG Team will continue Project Management and Team Coordination duties as described in Task 1 and with additional meetings as noted on the accompanying fee spreadsheet. TASK 4 DELIVERABLES Unless otherwise noted , all deliverables will be provided in PDF format. • Preliminary plans (In-progress check-in) for City Review • Design Development (50% CD) Submittal -Drawings and Spec TOC • Design Development (50% CD) Opinion of Probable Costs 6 343 CC 06-04-2024 343 of 530 EXHIBIT A • 90% CD Submittal -Drawings and Specs • 90% CD Opinion of Probable Costs • 100% CD Drawing Set -Drawings and Specs • 100% CD Opinion of Probable Costs • Monthly invoices TASK 5: BIDDING SUPPORT Task 5.1 Pre-bid Meeting MIG will attend the pre-bid meeting to respond to questions about the Construction Documents. Task 5.2 Bid Assistance Allowance (Bidder Question Response) The MIG Team has made an allowance to prepare responses to bidders' questions to clarify the construction documents. Task 5.3 Conformed Construction Set Submittal Once the bid period is complete and the contractor has been selected, the MIG Team will prepare a final conformed set for the contractor's use during construction. The conformed construction set will incorporate the addenda and responses to bidders' questions. Task 5.4 Project Management and Team Coordination The MIG Team will continue Project Management and Team Coordination duties as described in Task 1 and with additional meetings as noted on the accompanying fee spreadsheet. TASK 5 DELIVERABLES Unless otherwise noted, all deliverables will be provided in PDF format. • Responses to Bidders' Questions • Conformed Construction Set • Monthly invoices No allowance has been made for any value engineering at the Bid Phase . Should bids come in higher than anticipated due to unforeseen market conditions, the MIG Team will meet with the Client to discuss options to move the project forward. Any additional design, coordination or submittals can be provided for additional services. TASK 6: CONSTRUCTION ADMINISTRATION Task 6.1 Preconstruction Meeting Participation The MIG Team will attend and participate in a Pre-Construction meeting scheduled and lead by the City. The MIG Team will attend the meeting to support the City in answering the contractor's questions. This scope assumes attendance by the lead landscape architect and civil engineer. If needed, other design team members can be made available through additional services. Task 6.2 Responses to Contractor Submittals The MIG Team will review and take appropriate action (approve with modifications, reject, etc.) on the Contractor's submittals such as RFl's , Shop Drawings, Product Data and Samples, to confirm conformance with the design intent of the project and compliance with the information given in the Contract Documents . Reviews will take place in accordance with reasonable promptness and according to language agreed upon in the bid documents. Reviews and approvals or other action shall not extend to means, methods, techniques, sequences, or procedures of construction or the safety precautions and programs incident thereto. Approval of a specific item shall not indicate approval of an assembly of which the item is a component. The MIG Team assumes a maximum 7 344 CC 06-04-2024 344 of 530 EXHIBIT A of two reviews of contractor submittals and shop drawings . Additional reviews can be provided through additional services (see last section). Task 6.3 Construction Meetings and Site visits MIG will attend up to (4) construction meetings to review construction progress and Contractor's compliance with the design intent. These meetings can be virtual or on-site, depending on current safety measures . In addition, MIG will perform up to (8) site visits and the Civil engineer will perform up to three (3) site visit/reviews, as requested by City. Task assumes a maximum construction duration of ten months . Task 6.4 Preliminary Punch List Site Visit and Preparation When notified that the construction is substantially complete, the MIG team will make one site visit with the City's representative and perform a Preliminary Punch List inspection of the Project to observe any apparent defects in the completed construction regarding conformance with design intent of the Contract Documents. MIG will consolidate observations and provide a "punch list," describing the items it recommends for the contractor's correction prior to scheduling the Final Punch List Site Visit. Task 6.5 Final Punch List Site Visit and Preparation When notified that the construction is fully complete, the MIG team will make one site visit with the City's representative and perform a "Final" inspection of the Project to observe any apparent defects in the completed construction regarding conformance with design intent of the Contract Documents. MIG will consolidate observations and provide a Final Punch List, describing the items it recommends for the contractor's correction prior to closing out the construction contract. Task 6.6 Project Management and Team Coordination The MIG Team will continue Project Management and Team Coordination duties as described in Task 1 and with additional meetings as noted on the accompanying fee spreadsheet. TASK 6 DELIVERABLES Unless otherwise noted , all deliverables will be provided in PDF format. • Submittal and Shop Drawing review documentation • Responses to contractor's Requests for Information • Construction Meetings -(up to 4) • Site Visits -(up to 11) • Preliminary Punch List • Final Punch List • Monthly invoices ADDITIONAL SERVICES The MIG Team has a broad range of experience, skills and services. The following is a non-exhaustive list of items that are not included in this scope but could be provided as additional services if they are needed or desired by the City: • Additional community engagement beyond the scoped items in the process (including digital advertisement, intercept surveys, additional surveys/workshops/open houses/pop-up events). • Additional public meetings beyond the scoped items in the process (including attending City Council meetings, public hearings, hearing examiner meetings, public open houses, and local association meetings). • City project team meetings beyond those listed • Additional design alternative drafts or renderings other than those listed. • Preparation of phased or multiple-packaged construction documents. 8 345 CC 06-04-2024 345 of 530 EXHIBIT A • Preparation of special studies outside our scope of work. • Intensive research and testing to determine conditions of existing site utilities (i.e., pothol ing, smoke testing, dye testing, pressure testing, fire flow testing, videotaping, etc.). • Utility Relocation Plans • Supplemental surveying services beyond the initial survey necessary for completeness . • Appeal, Design Exception, and Alternative Review applications. • Services related to future facilities and improvements. • Design of water capture/re-use systems, pump stations, sump pumps, or force mains for sanitary sewer or storm drainage systems, if requ i red. • Design of systems to comply with or obtain LEED certification, including preparation of LEED documentation and addressing review comments from the USGBC. • Redesign of civil/landscape items following completion of construction document as a result of site and building plan changes or unforeseen existing conditions. • Design for areas not identified in the project understanding. • Value Engineering. If the MIG Team is needed to assist with VE and/or bid negotiations, it is available on a Time and Materials basis. • Arborist Report • Project Record Drawings PROJECT SCOPE ASSUMPTIONS: • CLIENT: 'The City' refers to the City of Cupertino's Jollyman project team . • BUDGET: Scope and fee is based on a construction budget of $2,910,000 ($2,670,000 base budget with a $240,000 contingency). The City has identified a fundraising goal of $1,000,000. If fundraising goals are not met, there will be a shortfall. Redesign to value engineer the project will require a contract modification . • DELIVERABLES: Unless otherwise indicated, all deliverables will be provided in PDF format. Native files will be created in software selected at the consultant team's discretion . If the City desires printed copies or specific file formats, the MIG Team is happy to work with the City to develop a strategy that meets the project's budget and needs. • IN-PERSON MEETINGS : Team meetings and most community engagement events are assumed to be virtual with some limited outdoor engagement events as noted . • TRANSLATION: All documentation will be in English; however, as an additional serv i ce, the MIG Team can provide exhibits in other languages . • CONSOLIDATED COMMENTS: The City will provide MIG with (1) set of vetted and consolidated comments from all parties/agencies in all tasks involving review and feedback. • PERMIT FEES: All permit fees and agency charges will be paid by others. • UTILITIES : The site is adequately served by utilities adjacent to the site. • OFFSITE UTILITIES/STREET/PARKING DESIGN: Offsite utility or street/parking design beyond the identified playground area is not included in this proposal. • ENVIRONMENTAL WORK : Floodplain, wetland, soil remediation or environmental work is not included in this proposal. • CONSTRUCTION TESTING+ INSPECTIONS: Necessary testing and inspections during construction will be provided by others . • EXISTING UTILITY DISTRIBUTION: It is assumed that existing utility distribution systems will not be impacted by the proposed development. 9 346 CC 06-04-2024 346 of 530 EXHIBIT A SURVEY AREA: 10 347 CC 06-04-2024 347 of 530 EXHI BIT A City of Cupertino I Jollyman Park All-Inclusive Playground estimated ro ·ect cost ,,;.;;. ··························..;.., ... . .............. . . - Utyo/C'-'!>fflw,o •.Joll),m.,, P..-lt .IJl-lnclus,,.,. P!aygrou,,d I FM l"roj:,otal 348 CC 06-04-2024 348 of 530 EXHIBIT B: Schedule Jollyman Park All-Inclusive Playground Task 1: Project Initiation and Ongoing Project Management -January 2022 (0.5 month) Task 2: Data Collection and Existing Conditions -Jan -Feb 2022 (1.5 months) Task 3: Concept Design -Mar -June 2022 (4 months) Task 4: Construction Documents -June 2022 -Mar 2023 (7 months) Task 5: Bidding Support -Apr.-June 2023 (2.5 months) Task 6: Construction Administration -June 2023 -Mar. 2024 (9.5 months) Project schedule is subject to refinement at the kickoff meeting and will be regularly updated during the course of the project, working with City staff, to better reflect project needs and City review times. 349 CC 06-04-2024 349 of 530 EXHIBIT C: Hourly Rates and Reimbursable Expenses Jollyman Park All-Inclusive Playground Unless specified otherwise, invoices are submitted monthly showing time and charges for professional services by staff category and a separate figure for expenses. Invoices are payable upon receipt. Invoices unpaid past 30 days are subject to interest at 1-1/2% per month. MIG Inc. labor includes all overhead. Hourly rates by position are noted below: Role Principal-in-Charge Project Manager Play Specialist/CPS! Project Associate Irrigation Designer Community Outreach Specialist Senior Urban Designer Project Assistant Planner/Master Plan Advisor ADA Specialist Graphic Designer Expenses are as follows: Type Automobile travel Meals Photocopy (letter and tabloid) Color copies (letter and tabloid) Commercial printing/plotting Subcontractors Other (lab tests, aerial photos, etc) $/hour $210 $180 $160 $95 $145 $140 $150 $80 $165 $135 $140 Rate current IRS rate cost+ 5% $0.10/print $0.50/print cost+ 5% cost+ 5% cost+ 5% 350 CC 06-04-2024 350 of 530 EXHIBITD Insurance Requiremen ts D esign Professionals & Consultants Contracts Consu ltant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City . INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2 ,000 ,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy , whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory ," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City's own insurance or self- insurance shall be called upon to protect City as a named insured. 2 Automobile L ia bility: ISO CA 00 01 covering any auto (including owned, hired, and non -owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: As required by the State of California, with Statutory Limits and Employer's Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. J Not required Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant's profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a claims made form: a The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five ( 5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the Services . OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Exh. D-Jnsurance Requirements for Design Professionals & Consultants Contracts Form Updated Sept. 2019 1 351 CC 06-04-2024 351 of 530 Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers ("Additional Insureds") are to be covered as additional insureds on Consultant's CGL and automobile liability policies . General Liability coverage can be provided in the form of an endorsement to Consultant's insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant's insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 3 0 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City's option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City . Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements ( or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term . Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant's insurance policies . Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts Form Updated Sept. 2019 2 352 CC 06-04-2024 352 of 530 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/OONYYY) ~ 11/22/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER . IMPORTANT : If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~l~cT The Certfiicate Team AssuredPartners Design Professionals Insurance Services , LLC PHONE I FAX 3697 Mt. Diablo Blvd Suite 230 IA/f' No "•"· (A/C Nol: Lafayette CA 94549 ~fD~~ss: CertsDesiqnPro@AssuredPartners .com INSURER(S) AFFORDING COVERAGE NAIC# License#:6003745 INSURER A : Berkley Insurance Company 32603 INSURED MIGI NC0-01 INSURER B : Travelers Property Casualty Company of America 25674 MIG , Inc. INSURER c : The Travelers Indemnity Company of Connecticut 25682 Moore lacofano Goltsman , Inc. 800 Hearst Ave INSURER D : Berkeley CA 94710 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 2075696555 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,en wun POLICY NUMBER !MM/DDNYYYl !MM/DDNYYYl LIMITS B X COMMERCIAL GENERAL LIABILITY y y 6801 H89999 8 8/31 /20 2 1 8/31 /2022 EACH OCCURRENCE $1 ,000 ,000 -D CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED -PREMISES !Ea occurrence \ $1,000 ,000 X Contra ct ual Liab MED EXP (An y one person ) $10,000 -Included PERSONAL & ADV INJURY $1 ,000 ,000 -GEN 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2 ,000 ,000 Fl 0 PRO-0 LOC PRODUCTS -COMP/OP AGG $2 ,000,000 POLICY JECT OTHER: $ C AUTOMOBILE LIABILITY y y BAOS57994 7 8/3 1/20 2 1 8/3 1/202 2 COMBINED SINGLE LIMIT $1,000 ,000 /Ea acc ident ! -X AN Y AUTO BODILY INJURY (Per pers on) $ -OWNED -SCHEDULE D BODILY INJURY (Per accident) $ -AUTOS ONLY -AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident\ - $ B X UMBRELLA LIAB MOCCUR y y CUPOH75 8762 8/31 /2021 8/31 /2022 EACH OCCURRENCE $10,000 ,000 -EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 OED I X I RETENTION $ n $ B WORKERS COMPENSATION y UB2L553909 8/31 /2021 8/3 1/2022 X I ~ffruTE I I OTH- ER AND EMPLOYERS" LIABILITY YIN ANYPROPRIETOR/PARTNER/E XECUTI VE □ N/A E.L. EACH ACCIDENT $1,000 ,000 OFFICER/MEMBER EXCLUDED ? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000 ,000 ~~i~~ftff3~ ~n~OPERATION S be low E.l. DISEASE -POLIC Y LIMIT $1 ,000 ,000 A Profe ssio nal Liabili ty N y AEC90472500 3 8/3 1/2021 8/31 /2022 Each Claim $3 ,000 ,000 Annual Ag gregate $5 ,000 ,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101 , Add itional Remarks Sch edul e, may be attached if more spac e is requ ired) Umbrella Liability policy is a follow-form underlying General Liability/Auto Liability/Employers Liability. Re: Jollyman Park All-Inclusive Playground The City of Cupertino, its City Council , officers , officials , employees, agents , servants and volunteers are named as an additional insured as respects general l iability and auto liability as re quired per written c ontract o r agreement. General Liability is Primary/Non-Contributo ry per policy form wording . In surance coverage includes waiver of subrogation per the attached endorsement(s). CERTIFICATE HOLDER City of Cuperti no 10300 To r r e Ave . Cuperti no CA 950 14 CANCELLATION 30 D a s Not ice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLIC IES B E CANCELL ED BEFORE THE EXPIRATION DATE T HEREOF , NOTICE WI L L BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1988-2015 A C ORD CORPORATION . All rights rese rve d. ACORD 25 (2016/03) T he ACORD n am e an d logo are r egister ed marks of ACORD 353 CC 06-04-2024 353 of 530 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6801H899998 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part , by "your work" at the location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products-completed opera- tions hazard". CG 20 37 07 04 CG TS 02 XXXX © ISO Properties , Inc., 2004 Page 1 of 1 DATE OF ISSUE : 08l3112021 354 CC 06-04-2024 354 of 530 COMMERCIAL GENERAL LIABILITY POLICY NUMBER 6801H899998 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part , provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above . B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 CG TS 01 xx xx Includes copyrighted material of Insurance Services Office, Inc. with its permission. DATE OF ISSUE: 08/31 /2021 355 CC 06-04-2024 355 of 530 Policy # 6801 H899998 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance pennits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers . d. Primary And Non-Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, pro\lided that: (1) The "bodily injury'' or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Cowrage Part in accordance with our rules and rates. b. Premium shown in this Cm..erage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree : a. The statements in the Declarations are accurate and complete ; b . Those statements are based upon representations you made to us; and c. We haw issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or reaulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Cowrage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V -DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition : a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of21 © 2017 The Travelers Indemnity Company . All rights reserved . CG T1000219 Includes copyrighted material of Insurance Services Office , Inc . wtth its permission . 356 CC 06-04-2024 356 of 530 Policy# 6801H899998 occupational therapist or occupational therapy assistant, physical therapist or speech-language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I - COVERAGES -COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section : "Incidental medical services" means : a. Medical, surgical , dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental , or surgical supplies or appliances . 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance , whether primary , excess, contingent or on any other basis , COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II - Who Is An Insured . K. MEDICAL PAYMENTS -INCREASED LIMIT The following replaces Paragraph 7. of SECTION Ill -LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit . L. AMENDMENT OF EXCESS INSURANCE CONDITION -PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION - WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us , of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs ; or b. "Personal and advertising injury" caused by an offense that is committed ; subsequent to the signing of that contract or agreement. CG D3 79 0219 © 2017 The Travelers Indemnity Company. All rights reserved . Page 5 of 6 Includes copyrighted material of Insurance Services Office , Inc . with its permission . 357 CC 06-04-2024 357 of 530 Policy: BA0S579947 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE in the BUSINESS AUTO COVERAGE FORM and Paragraph e. in A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE in the MOTOR CARRIER COVERAGE FORM, whichever Coverage Form is part of your policy : This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". CA T4 37 0216 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission . 358 CC 06-04-2024 358 of 530 Policy#: BA0S579947 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization , that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period , to name as an additional insured for Covered Autos Liability Coverage , but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph B.5., Other Insurance of SECTION IV -BUSINESS AUTO CONDITIONS : Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization , that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period , requires this insurance to be primary and non-contributory . CA T4 74 0216 © 2016 The Travelers Indemnity Company . All ri ghts reserved . Page 1 of 1 Includes copyrighted material of Insurance Services Office , Inc . w ith its permission . 359 CC 06-04-2024 359 of 530 Policy# BA0S579947 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following : AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of Rights Of Recovery Against Others To Us, of the CONDITIONS Section: 5. Transfer Of Rights Of Recovery Against Oth- ers 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 contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver ap - plies only to the pe rson or organization desig- nated in such contract. © 2015 The Travelers Indemnity Company. All rights reserved . P-age 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission . 360 CC 06-04-2024 360 of 530 ~ TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) - POLICY NUMBER: UB2L553909 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 mium. % of the California workers' compensation pre - Schedule Person or Organization Job Description Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. 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.) 2-...... Insurance Company Countersigned by ____________ _ Travelers Property Casualty Company of America DATE OF ISSUE: 1112212021 Page 1 of 1 361 CC 06-04-2024 361 of 530 II 11 Ii Ii Ii SIGNED_MIG for All-Inclusive Playground at Jollyman Park Final Audit Report 2021-12-10 Created : 2021-12-09 By : Julia Kins! Guliak@cupertino .org) Status : Signed Transaction ID: CBJCHBCAABAA4F2c7BjpwgFJsSICx8DpGz7IC4gcweSm "SIGNED_MIG for All-Inclusive Playground at Jollyman Park" Hi story ~ Document created by Julia Kinst Uuliak@cupertino.org) 2021-12-09 -6:39 :15 PM GMT-IP address : 64.165.34.3 0"o, Document approved by Julia Kinst Uuliak@cupertino.org) Approval Date : 2021-12-09 -6:41 :23 PM GMT -Time Source: server-IP address : 64 .165.34.3 l2. Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2021-12 -09 -6:41 :25 PM GMT 0"0 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2021-12-09 -11 :56 :31 PM GMT -Time Source : server-IP address : 64.165.34.3 l2. Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature 2021-12-09 -11 :56 :33 PM GMT ~ Email viewed by Christopher D. Jensen (christopherj@cupertino.org) 2021-12-10-0:10:34 AM GMT-IP address: 172.225 .89 .120 0c, Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2021-12 -10 -1:47 :55 AM GMT-Time Source : server-IP address : 136.24.42.212 l2. Document emailed to Dianne Thompson (she/her) (diannet@cupertino.org) for signature 2021-12-10 -1:47 :59 AM GMT ~ Email viewed by Dianne Thompson (she/her) (d iannet@cupertino.org) 2021-12-10 -3:18 :35 AM GMT-IP address : 104.28 .1 24 .179 0"o, Document e-s igned by Dianne Thompson (she/her) (diannet@cupertino.org) Signature Date : 2021 -12-10 - 3:28 :01 AM GMT-Time Source : server-IP address : 99 .179 .16.200 --------~---------~ ~IJP'll'ITI N 9 362 CC 06-04-2024 362 of 530 f8'. Document emailed to Kirsten Squarcia (kirstens@cupertino .org) for signature 2021-12-10 -3:28 :04 AM GMT ~ Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2021-12-10 -4 :33 :05 AM GMT- IP address : 172 .225 .89 .144 0c, Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date : 2021 -12-10 - 4 :33 :24 AM GMT -Time Sou rce : server-IP address: 69 .110 .137 .176 9 Agreement completed. 2021 -12-10 - 4 :33 :24 AM GMT 4;\J l'llfTtNQ 363 CC 06-04-2024 363 of 530 CITY OF a DESIGN PROFESSIONAL SERVICES AGREEMENT <SINGLE} WITH MIG, INC CUPERTINO 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation ("City"), and MIG, Inc ("Consultant"), a Corporation for All-Inclusive Playground at Jollyman Park ("Project"), and is effective on the last date signed below ("Effective Date"). 2. SERVICES 2.1 Basic Services. Consultant agrees to provide the Basic Services for the Project, which are set forth in detail in the Scope of Services, attached here and incorporated as Exhibit A, and as further specified in Consultant's written Proposal as approved by City, except for any provision in the Proposal which conflicts or is inconsistent with this Agreement and the Exhibits hereto, or as otherwise expressly rejected by City. Consultant further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Additional Services. City may request at any time during the Contract Time that Consultant provide additional services for the Project, which are not already encompassed, expressly or implicitly, in the Agreement, the Scope of Services, or the Proposal ("Additional Services"). Additional Services must be authorized in writing by City and Consultant will not be paid for unauthorized Additional Services rendered. Additional Services are subject to all the provisions applicable to Basic Services, except and only to the extent otherwise specified by City in writing. All references to "Services" in the Agreement include Basic Services and Additional Services, unless otherwise stated in writing. The Services may be divided into separate sequential tasks, as further specified in this Agreement, the Scope of Services, and Consultant's Proposal. Consultant is solely responsible for its errors and omissions and those of its subconsultants, and must promptly correct them at its sole expense. Consultant must take appropriate measures to avoid or mitigate any delay, liability, and costs resulting from its errors or omissions. 3. TIME OF PERFORMANCE 3.1 Term. This Agreement begins on the Effective Date and ends on December 31, 2024, unless terminated earlier as provided herein ("Contract Time"). The City's appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City's purchasing policy. 3.2 Schedule of Performance. All Services must be provided within the times specified in Exhibit B, Schedule of Performance, attached and incorporated here. Consultant must promptly notify City of any actual or potential delay in providing the Services as scheduled to afford the Parties adequate opportunity to address or mitigate delays. If the Services are divided by tasks, Consultant must begin All-Inelusive Playgmund at Jollyman Park 1 of 11 Design Professional Agr (Single)/ October 2021 364 CC 06-04-2024 364 of 530 work on each separate task upon receiving City's Notice to Proceed ("NTP"), and must complete each task within the time specified in ExhibitB. 3.3 Time is of the essence for the performance of all the Services. Consultant must have sufficient time, resources, and qualified staff to deliver the Services on time. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Consultant for satisfactory performance of the Basic Services and Additional Services, if approved, a cumulative total amount that will be capped so as not to exceed $389,511.00 ("Contract Price"), as specified in Exhibit C, Compensation, attached and incorporated here . The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant's actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price . 4.2 Basic Services. City will pay Consultant $389,511 .00 ("Lump Sum Price") for the complete and satisfactory performance of the Basic Services in accordance with Exhibit C. The Lump Sum Price is inclusive of all time and expenses, including, but not limited to, sub-Consultants' costs, materials, supplies, equipment, travel, taxes, overhead, and profit. If the Basic Services are not fully completed, Consultant will be compensated a percentage of the Lump Sum Price proportionate to the percentage of Basic Services that were completed to City's reasonable satisfaction. 4.3 Additional Services. City has the discretion, but not the obligation, to authorize Additional Services up to an amount not to exceed $0.00 Additional Services provided to City's reasonable satisfaction will be compensated on a lump sum basis or based on time and expenses, in accordance will the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. If paid on an hourly basis, Consultant will be compensated for actual costs only of normal business expenses and overhead, with no markup or surcharge ("Reimbursable Expenses"). Consultant will not be entitled to reimbursement for copying, printing, faxes, telephone charges, employee overtime, or travel to City offices or to the Project site. 4.4 Invoices and Payments. Monthly invoices must describe the Services completed and the Amount due for the preceding month. City will pay Consultant within thirty (30) days following receipt of a properly submitted and approved invoice for Services. The invoice must separately itemize and provide subtotals for Basic Services and Additional Services, and must state the percentage of completion for each task, as specified in Exhibit C. City will notify Consultant in writing of any disagreements with the invoice or the stated percentage of completion of tasks. If the disagreement is unresolved, City will pay Consultant only for the undisputed portion of the Services. Disputed amounts shall be subject to the Dispute Resolution provision of this Agreement. a. Time and Expenses. For Additional Services provided on an hourly basis, each invoice must also include, for each day of Services provided: (i) name and title of each person providing Services; (ii) a succinct summary of the Services performed by each person; (iii) the time spent per person, in thirty (30) minute increments; (iv) the hourly billing rate or Sub-Consultant charge and payment due; and (v) an itemized list with amounts and explanation for all permitted reimbursable expenses . All-Inclusive Playground at Jollyman Park 2 of 11 Design Profess ional Agr (Single)/ October 2021 365 CC 06-04-2024 365 of 530 b. Rates and Receipts. All hourly rates and reimbursable expenses must conform to the City-approved rates set forth in Exhibit C, which will be in effect for the entire Contract Time. Each invoice must attach legible, dated receipts for Reimbursable Expenses. 5. INDEPENDENT CONTRACTOR 5.1 Status. Consultant is an independent Consultant and not an employee, partner, or joint venture of the City. Consultant is solely responsible for the means and methods of performing the Services and shall exercise full control over the employment, direction, compensation and discharge of all persons assisting Consultant in performing the Services. Consultant is not entitled to health benefits, worker's compensation, retirement, or any City benefit. 5.2 Qualifications and Standard of Care. Consultant represents on behalf of itself and its sub- Consultants that they have the qualifications and skills to perform the Services in a competent and professional manner, as exercised by design professionals performing similar services in the San Francisco Bay Area. Services may only be performed by qualified and experienced personnel or subconsultants who are not employed by City and do not have any contractual relationship with City excepting this Agreement. All Services must be performed as specified to City's reasonable satisfaction. 5.3 Permits and Licenses. Consultant warrants on behalf of itself and any sub-Consultants that they are properly licensed, registered, and/or certified to perform the Services, as required by law, and that they have procured a valid City Business License, if required by the Cupertino Municipal Code. 5.4 Sub-Consultants. Unless prior written approval from City is obtained, only Consultant's employees and sub-Consultants whose names are included in this Agreement and incorporated Exhibits may provide Services under this Agreement. Consultant must require all sub-Consultants to furnish proof of insurance for workers' compensation, commercial liability, auto, and professional liability in reasonable conformity to the insurance required of Consultant. The terms and conditions of this Agreement shall be binding on all sub-Consultants relative to the portion of their work. 5.5 Tools, Materials, and Equipment. Consultant will supply and shall be responsible for all tools, materials, and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Consultant and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Consultant shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Consultant's business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Consultant. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Consultant, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Consultant agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City All-Inclusive-Playground at Jollyman Park 3 of 11 Design Professional Agr (Single)/ October 2021 366 CC 06-04-2024 366 of 530 as a result of such determination, so that the City's total expenses under this Agreement are not greater than they would have been had the determination not been made. 5.7 Errors and Omissions. Consultant is solely responsible for its errors and omissions and those of its sub-Consultants, and must take prompt measures to avoid, mitigate, and correct them at its sole expense. 6. PROPRIETARY /CONFIDENTIAL INFORMATION During the Contract Time, Consultant may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City. Consultant shall hold in confidence all City information and use it only to perform this Agreement. Consultant shall exercise the same standard of care to protect City information as a reasonably prudent Consultant would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Subject to City meeting its payment obligations for the Services, any interest (including copyright interests) of Consultant in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium, prepared by Consultant under this Agreement ("Work Product"), will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to a third-party without prior written approval by City 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all copyrights to the Work Product prepared/created by Consultant and its sub-Consultants and all copyrights in such Work Product shall constitute City property. If it is determined under federal law that the Work Product is not "works for hire," Consultant hereby assigns to City all copyrights to the Work Product when and as created, and shall require sub -Consultants to do the same. Consultant may retain copyrights to its standard details, but hereby grants City a perpetual, non-exclusive license to use such details. 7.3 Patents and Licenses. Consultant must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Consultant and its sub-Consultants to execute or implement any of the following, but Consultant shall not be responsible or liable for City's re-use ofWorkProduct: (a) For work related to the original Services for which Consultant was hired; (b) To complete the original Services with City personnel, agents or other Consultants; (c) To make subsequent additions to the original Services; and/or (cl) For other City projects. 7.5 Deliverables and Format. Electronic and hard copies of the Work Product constitute part of the Deliverables required under this Agreement, which shall be provided to City on recycled paper and copied on both sides, except for one single-sided original. Large-scale architectural plans and similar All-Inclusive Playground at Jollyman Park 4 of 11 Design Professional Agr (Single) I October 2021 367 CC 06-04-2024 367 of 530 items must be in CAD and PDF formats, and unless otherwise specified, other documents must be in Microsoft Office applications and PDF formats . 8. RECORDS 8.1 Consultant must maintain complete, accurate, and detailed accounting records relating to the Services and Compensation, in accordance with generally accepted accounting principles and procedures. The records must include detailed information about Consultant's performance, benchmarks, and deliverables. The records and supporting documents must be kept separate from other files and maintained for a period of four (4) years from the date of City's final payment. 8.2 Consultant will provide City full access to Consultant's books and records for review and audit, to make transcripts or copies, and to conduct a preliminary examination of all the work, data, documents, proceedings, and activities related to this Agreement. If a supplemental examination or audit of Consultant's records discloses non-compliance with appropriate internal financial controls, a contract breach, or a failure to act in good faith, City will be entitled to recover from Consultant the costs of the supplemental examination. If this is a lump sum fee Agreement, City will be provided access to records of reimbursable expenses and the instruments of service/deliverables for review and audit. This Section 8 survives the expiration/termination of this Agreement. 8.3 Consultant acknowledges that certain documents generated or received by Consultant in connection with the performance of this Agreement, including but not limited to correspondence between Consultant and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Consultant shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation oflaw or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Consultant as a legal entity will be considered an Assignment subject to City approval, which shall not be unreasonably withheld. For purposes ofthis provision, control means fifty percent (50%) or more of the voting power of the business entity. This Agreement binds Consultant, its heirs, successors and assignees . 10. PUBLICITY/ SIGNS Any publicity generated by Consultant for the project under this Agreement, during the term of this Agreement and for one (1) year thereafter, will reference the City 's contributions in making the project possible . The words "City of Cupertino" will be displayed in all pieces of publicity, including flyers , press releases, posters, brochures, public service announcements, interviews, and newspaper articles. No signs may be posted, exhibited, or displayed on or about City property, except signage required by law or this Agreement, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law and except for losses caused by the sole or active All-Inclusive-Playground at Joll yman Park 5 of 11 Design P ro fe ssi onal Agr (Sing le)/ Octobe r 2021 368 CC 06-04-2024 368 of 530 negligence or willful misconduct of City personnel, Consultant agrees to indemnify, defend, and hold harmless the City as follows: a. Indemnity for Design Professional Liability: With respect to the performance of design professional services by a design professional as defined in California Civil Code Section 2782.8, to the fullest extent permitted by law, Consultant shall indemnify and hold harmless City, its officers, officials, agents, employees, and volunteers (collectively and/or individually "City") from and against any and all liabilities, claims, damages, losses, costs, or expenses (including, without limitation, costs, attorneys' fees, and expert fees of litigation and alternative dispute resolution) of every nature to the extent arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, servants, agents, or subcontractors (collectively and/or individually "Consultant"), in the performance of this Agreement or failure to comply with any obligations of the Agreement. If it is finally determined (through a non-appealable judgment or an agreement between City and Consultant) that liability is caused by the comparative negligence or willful misconduct of City, then Consultant's indemnification and hold harmless obligation shall not exceed Consultant's finally determined percentage of liability based upon the comparative fault of Consultant. Irrespective of any language to the contrary in this Agreement, the Consultant has no duty to provide or to immediately pay for an up-front defense of City against unproven claims or allegations, but shall reimburse those litigation costs and expenses (including, without limitation, attorneys' fees, and expert fees) incurred by the City to the extent caused by the negligence, recklessness, or willful misconduct of Consultant. In no event shall the cost to defend charged to Consultant exceed Consultant's proportional percentage of fault, except as described in Section 2782.S(a) and (e) of the California Civil Code . b. Claims Involving Intellectual Property. Consultant shall indemnify, defend, and hold harmless Indemnitees from and against any claim involving intellectual property, infringement, or violation of a United States patent right or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights, which arises out of, pertains to, or relates to Consultant's negligence, recklessness, or willful misconduct. Such costs and expenses will include reasonable attorney fees for legal counsel of City's choice, expert fees, and all other costs and fees of litigation. c. Claims for Other Liability. Except as provided in subsections 11.l(a) and (b), to the fullest extent permitted by law, Consultant shall hold harmless, defend (with counsel agreed to by City), and indemnify City and its officers, officials, agents, employees, and volunteers ( collectively and/or individually "City") from and against any and all liability, claim, loss, damage, expense, costs (including, without limitation, costs, attorneys' fees, and expert fees oflitigation) of every nature arising out of, related to, or in connection with the performance of work hereunder by Consultant or any of its officers, employees, servants, agents, or subcontractors, or the failure of the same to comply with any of the obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or sole willful misconduct of the City. Consultant's duty to defend applies immediately, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend as stated herein. All-Inclusive Playground at Jollyman Park 6 of 11 Design Professional Agr (Single)/ October 2021 369 CC 06-04-2024 369 of 530 11.2 Consultant will assist City, at no additional cost, in the defense of any claim, dispute, or lawsuit arising out of this Agreement. Consultant's duties herein are not limited to or subject to the Contract Price, to Workers' Compensation claims , or to the Insurance or Bond limits and provisions. Nothing in this Agreement shall be construed to give rise to an implied right of indemnity in favor of Consultant against any Indemnitee. 11.3 Consultant agrees to pay the reasonable costs City may incur in enforcing this provision related to Consultant's indemnification duties, including reasonable attorney fees, fees for legal counsel acceptable to City, expert fees, and all other costs and expenses related to a claim or counterclaim, a purchase order, another transaction, litigation, or dispute resolution. Without waiving any rights, City may deduct money from Consultant's payments to cover moneys due to City. 11.4 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.5 This Section 11 shall survive expiration or termination of this Agreement. 12. INSURANCE On or before the Contract Time commences, Consultant shall furnish City with proof of compliance with City Insurance Requirements, attached and incorporated here as Exhibit D. City will not execute the Agreement until Consultant has submitted and City has reasonably approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Alternatively, City may terminate this Agreement or in its sole discretion purchase insurance at Consultant's expense and deduct costs from payments to Consultant. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Consultant shall comply with all laws and regulations applicable to this Agreement. Consultant will promptly notify City of changes in the law or other conditions that may affect the Project or Consultant's ability to perform. Consultant is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act, or other federal or state law, rule or regulation. 13.2 Labor Laws. Consultant shall comply with all labor laws applicable to this Agreement. If the Services include a "public works" component, Consultant must comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. To the extent applicable, Consultant must comply with City's Labor Compliance Program and with state labor laws pertaining to working days, overtime, payroll records and DIR Registration and Oversight. If the Contract Price is $30,000 or more, Consultant must comply with the apprenticeship requirement in Labor Code Section 1777.5. 13.3 Discrimination Laws. Consultant shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Consultant shall comply with all anti-discrimination laws, including All-Inclusive Playground-at Jollyman Park 7 of 11 Design Professional Agr (Single)/ October 2021 370 CC 06-04-2024 370 of 530 Government Code Section 12900 and 11135, and Labor Code Section. 1735, 1777, and 3077.5. Consistent with City policy prohibiting it, Consultant understands that harassment and discrimination by Consultant or any of its sub-Consultants toward a job applicant, an employee, a City employee, or any other person is strictly prohibited. Consultant agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Consultant shall comply with all conflict of interest laws and regulations applicable to this Agreement and must avoid any conflict of interest. Consultant warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement in violation of California Government Code Section 1090 et seq. Consultant may be required to file a conflict of interest form if Consultant makes certain governmental decisions or serves in a staff capacity, as provided in Section 18700 of Title 2 of the California Code of Regulations and other laws. Services may only be performed by persons who are not employed by City and who do not have any contractual relationship with City, with the exception of this Agreement. Consultant is familiar with and agrees to abide by the City's rules governing gifts to public officials and employees . 13.5 Remedies. A violation of this Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating this Agreement. City reserves all its rights and remedies under law and this Agreement, including the right to seek indemnification under Section 11. Consultant agrees to indemnify, defend, and hold City harmless from and against any loss, liability, and expenses arising from noncompliance with this Section. 14. PROJECT COORDINATION 14.1 City Project Manager. The City's Project Manager for all purposes under this Agreement will be Evelyn Moran, who shall have the authority to manage this Agreement and oversee the progress and performance of the Services. City in its sole discretion may substitute another Project Manager at any time and will advise Consultant of the new representative. 14.2 Consultant Project Manager. Subject to City's reasonable approval, Consultant's Project Manager for all purposes under this Agreement will be Jan Eiesland who shall be the single representative for Consultant with the authority to manage compliance with this Agreement and oversee the progress and performance of the Services. This includes responsibility for coordinating and scheduling the Services in accordance with City instructions, service orders, and the Schedule of Performance, and providing regular updates to the City's Project Manager on the Project status, progress, and any delays. City written approval is required prior to Consultant substituting a new Project Manager, which shall result in no additional costs to City or Project delays. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project with thirty (30) calendar days written notice to Consultant. Consultant will be compensated for satisfactory Services performed through the date of abandonment and will be given reasonable time to assemble the work and close out the Services. No close out work shall be conducted without City reasonable approval of closure costs, which may not exceed ten percent (10%) of the total time expended to the date of abandonment. All charges including job closure costs will be paid in accordance with the provisions of this Agreement and within thirty (30) days of Consultant's final invoice reasonably approved by the City. All-Inclusive Playground at Jollyman Park 8 of 11 Design Professional Agr (Single)/ October 2021 371 CC 06-04-2024 371 of 530 16. TERMINATION City may terminate this Agreement for cause or without cause at any time, following reasonable written notice to Consultant at least thirty (30) calendar days prior to the termination date. Consultant will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Consultant closes out the Services and delivers all Work Product to City. All charges approved by City including job closure costs will be paid within thirty (30) days of Consultant's final invoice. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California, excepting any choice of law rules which may direct the application of laws of another jurisdiction. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Consultant must comply with the claims filing requirements under the Government Code prior to filing a civil action in court against City. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement ( or the successors of those authorities). If a dispute arises, Consultant must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. This Section 18 survives the expiration/termination of this Agreement. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City's waiver of any breach shall not be deemed to constitute waiver of another term, provision, covenant, or condition or a subsequent breach, whether of the same or a different character 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of the Parties, of every kind or nature, and supersedes any and all other agreements and understandings, either oral or written, between them. Any modification of this Agreement will be effective only if in writing and signed by each Party's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of this main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. All -Im:lusive Playground..atJollymanEark.. 9 of 11 Design Professional Agr (Single)/ October 2021 372 CC 06-04-2024 372 of 530 22. INSERTED PROVISIONS Each contractual provision or clause that may be required by law is deemed to be included and will be inferred in this Agreement. Either party may request an amendment to cure any mistaken insertion or omission of a required provision. 23. HEADINGS The headings in this Agreement are for convenience on1y, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY IP ARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. 25. SURVIVAL All provisions which by their nature must continue after the Agreement ends, including without limitation those referenced in specific Sections herein, survive this Agreement and shall remain in full force and effect. 26. NOTICES All notices, requests, and approvals must be sent to the persons below in writing to the persons below, and will be considered effective on the date of personal delivery, the delivery date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino: Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Evelyn Moran Email: evelynm@cupertino.org 27. EXECUTION To Consultant: MIG, Inc 2055 Junction Ave, Suite 205 San Jose, CA 95131 Attention: Jan Eiesland Email: jeiesland@migcom.com The person executing this Agreement on behalf of Consultant represents and warrants that Consultant has the right, power, and authority to enter into this Agreement and carry out all actions herein, and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Consultant. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. All-Inclusive Playground at Jollyman Park 10 of 11 Design Professional Agr (Single)/ October 2021 373 CC 06-04-2024 373 of 530 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the Effective Date stated earlier in this Agreement. CITY OF CUPERTINO A Municipal Corporation ByP~?M~)t,,(4M-/k_) Name Dianne Thompson (she/her) Title Acting City Manager Date Dec 9, 2021 APPROVED AS TO FORM: Chrisfopher D. Jensen CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: ~~ KIRSTEN SQUARCIA City Clerk Date Dec 9, 2021 MIG,INC D+~Pr---By ___________ _ Name Chris Beynon Title Vice President/Chief Development Officer Date Nov 24, 2021 11 of 11 Design Professional Agr (Single)/ October 2021 374 CC 06-04-2024 374 of 530 EXHIBIT A Jollyman Park All-Inclusive Playground Scope of Work 11.12.2021 MIG has prepared the following Scope of Work to illustrate how we will facilitate successful completion of the Jollyman Park All-Inclusive Playground Project. This scope captures and clarifies assumptions of the tasks incorporated in the attached Fee Proposal spreadsheet. The details are based on our understanding of the requirements stated in the Jollyman Park Aug. 2, 2021 RFQ and Addenda. Project Understanding Located in Cupertino, CA, the project entails replacing the southern existing play area at Jollyman Park with an all- inclusive playground. Per the City's RFQ, the project aims to incorporate the best in supportive play theories and practices to appeal to people of all ages and abilities . The design will support recreation and social interaction for people with autism, sensory challenges, cognitive, developmental, and physical disabilities -as well as those without special needs . The project will have specific all-inclusive play amenities that will be further developed from the initial concept design with community engagement. Potential site improvement areas include walkways, storm water runoff reduction, utility identification and adjustments, landscape, irrigation, and similar site improvements within the project area. Recommended site improvements shall be based on the established Cupertino Engineering Standards. The design will be in accordance with AIPG funding guidelines; local, state and federal ADA and playground safety guidelines and requirements. TASK 1: PROJECT INITIATION Task 1.1 Project Kick-off Meeting & Site Tour To initiate the project, the MIG Team will participate in a meeting with the City of Cupertino Jollyman project team ('The City') to discuss the project goals, opportunities, and challenges, as well as to establish project communication protocols, review project tasks and schedule, and other coordination topics to be determined in cooperation with the City. We see this meeting as an important step in developing a collaborative team that is committed to a shared process and vision for Jollyman Park. The MIG Team will also conduct a site tour to observe and document the existing site conditions, uses and character of Jollyman Park. Topic areas to be observed include circulation, accessibility, signage and wayfinding, lighting, natural features, social relationships, and experiential opportunities . Depending on weather and current safety protocols this may be staged as two meetings within the same week : a virtual kick-off/goals meeting followed by an in-person site tour of Jollyman Park . If an in-person kick -off meeting is feasible, then the meeting and site visit will be scheduled to occur consecutively on the same day . Task 1.2 Project Scope & Schedule Finalization MIG will work with the City of Cupertino to customize and finalize the scope and schedule, so that tasks meet the City's preferred process and timeline . Task 1.3 Background Information Request & Assembly The MIG team will prepare a consolidated list of background information needed from the City. MIG will assemb le the information and make it avai lable fo r use by all team members ove r the course of the project. 1 375 CC 06-04-2024 375 of 530 EXHIBIT A Task 1.4 Community Engagement Part 1: Prepare to Engage MIG will develop a plan for community engagement, mapping out how and when to use engagement and communication techniques in a Community Outreach and Engagement Plan . We will work with the City to identify stakeholders, including both City staff and community groups, whose insights and support will help build a successful park . This plan will guide our efforts as we gather information, listen to the community and work towards the final site plan . Should the community engagement plan identify different efforts than those included below, the scope and fee will need to be revised . Task 1.5 Inclusive Play Primer Presentation To assist the City in gaining internal staff support for the Jollyman Play Area mission and goals, MIG will provide a two-hour interactive virtual presentation about the importance and goals of an inclusive play area. MIG will create a virtual presentation to be attended by City Staff and key stakeholders. The goal for this meeting is to get all the various stakeholders to understand the project goals, learn information about inclusivity, and begin speaking the same language when it comes to inclusive play environments . The City may post to their website for a period of 3 months and keep a recording of the presentation for internal staff use. Task 1.6 Project Management and Team Coordination MIG will coordinate the work of the MIG Team throughout the duration of the design phases, prepare the Project schedule, monitor the Project budget, establish, and monitor project quality, setup project accounting and prepare and submit monthly invoices. The MIG Team will coordinate and strategize with the City via 1-hour video calls to review progress and discuss direction and next steps. Please refer to the accompanying fee spreadsheet for the assumed task duration and number of meetings for each phase. MIG's project manager will participate in these calls, as well as other pertinent team member at times, depending on the agenda . TASK 1 DELIVERABLES ■ Final Scope and Schedule ■ Community Outreach and Engagement Plan ■ Inclusive Play Primer Recording ■ Coordination meeting notes (for meetings led by the MIG Team) ■ Monthly invoices TASK 2: DATA COLLECTION AND EXISTING CONDITIONS TASK 2.1 Topographic Survey BKF will prepare a topographic survey of the 1.75 ac project area and surroundings as outlined on the project limits diagram (see Survey Exhibit on the last page). Topographic survey will not include a boundary survey. Task 2.2 Existing Utilities & Stormwater Coordination BKF will identify existing utilitity locations, through records research and online databases, perform a Site visit to document those utilities whose above ground features can be determined by visual means and discuss potential utility constraints with MIG and the City. BKF will also document in a graphic the existing project site drainage conditions, along with new stormwater requirements to meet City/County/Regional requirements. TASK 2.3 Geotechnical Report Ninyo + Moore will conduct geotechnical sampling, to include taking two exploratory borings within the project site to ascertain subsurface soil conditions. They will interpret borings and provide a geotechnical report to address design of the playground pavement types and footings . Provide a copy of the Geotechnical Report to the City. 2 376 CC 06-04-2024 376 of 530 EXHIBIT A TASK 2.4 Review of Requirements, Existing Conditions and Background Documents The MIG Team will review codes, standards and environmental regulations applicable to Jollyman Park and the potential par k improvements . We will review City-provided documents and on -line research, regarding the site's natural, social and cultural history, including land use, demographics, property boundaries, as well as ongoing site operations and maintenance issues. Task 2.5 Site Analysis, Opportunities & Constraints The MIG Team will develop a scaled base map of the park site, using an aerial and/or the survey, which assembles relevant information on the existing park site and the area immediately adjacent, including circulation, park features, trees and other information as appropriate . We will prepare a graphic summarizing existing assets, issues and opportunities, including circulation and accessibility, landscape features and overall character, paying special attention to human developmental needs and environmental health and sustainability. Task 2.6 Community Engagement Part 2: Listen, learn, Vision Building on the engagement plan and key stakeholders identified in Community Engagement Part 1, The MIG Team will prepare graphic materials to be used in several outreach methods identified in the plan. Our assumption is that this will include an on line survey; boards with similar content and a QR code that the City may print, laminate and hang at the park; (1) virtual community meeting; and (2) smaller stakeholder meetings-either virtual or outdoors. Materials will be designed to both share the site analysis and listen to the community's own site expertise and local knowledge . In a'ddition to patterns of use and desired experiences, MIG will work with the City to strategize engagement activities that will also provide an understanding of the site and area's underlying character and cultural influences, which can be expressed in the design . Task 2.7 Analysis and Outreach Summary Report The MIG team will prepare an existing condition report that details the requirements, existing conditions, assumptions, constraints, opportunities, risks and risk mitigation. The report should also reflect community outreach participant input. This report will be available for the City to post to the web to keep the community informed, for help with fund raising, and for use as background for other City presentations made by City staff. Task 2.8 Project Management and Team Coordination The MIG Team will continue Project Management and Team Coordination duties as described in Task 1 and with additional meetings as noted on the accompanying fee spreadsheet. TASK 2 DELIVERABLES Unless otherwise noted, all deliverables will be provided in PDF format. We assume one round of minor revisions for each based on the City's consolidated comments . ■ Topographic Survey (AutoCad file and PDF) ■ Existing Utilities and Drainage Conditions Summary Graphic ■ Geotechnical Report ■ Project Base Map & Site Analysis ■ Site Analysis, Opportunities & Constraints Graphics ■ Community Engagement Part 2 materials ■ Analysis and Engagement Summary Report ■ City Review Meetings Agendas & Meeting summaries ■ Monthly invoices TASK 3: CONCEPT DESIGN Task 3.1 Draft Concept Designs The MIG Team will prepare up to (2) Concept Plans that dep ict the scale and relationships between the different park areas and show how the elements are orga ni zed and connected within each area. Alternatively, the analysis 3 377 CC 06-04-2024 377 of 530 EXHIBIT A and input may direct the project towards one primary layout with options. The Concept drawings will contain enough information to explain the general form, content, and quality of the design, including : • Site vision statement with a short narrative description that characterize the main features, unique aspects, visitor experience, program elements, and operations • Concept plan • Precedent design images to support the design ideas • Opinion of Probable Costs • Monthly invoices Task 3.2 City Review Meeting Two-hour virtual meeting . MIG will present the (2) Concept Plans to City Staff for feedback and approval. MIG and the City will also use this meeting to coordinate the details of the upcoming public engagement actions and events . Task 3.3 Commission/Council Meetings MIG will present the Concept Plans at (2) Commission/Council meetings for input and approval, such as Parks and Recreation Commission and City Council. Assume each is a virtual one-hour meeting. More presentations can be accommodated through extra services if needed . Task 3.4 Community Engagement Part 3: Consider the Concepts MIG will revise/finalize the Concept Plans per City feedback and create both analog and digital content to share the Concept Plans with the public for evaluation and feedback. MIG will review the public engagement materials with City Staff for approval. MIG will monitor any online survey results over a two-to three-week period. MIG will also lead up to (2) additional community conversations (either facilitated on line or, if social distancing policies allow as small coffee meetings), intercept events, pop-ups, or outreach opportunities as determined with the City. Task 3.5 City Review Meeting Two-hour virtual meeting . MIG will meet with the City to discuss the community engagement process and feedback; and to go over options and direction for developing the Preferred Concept. Task 3.6 Preferred Concept Design The MIG Team will incorporate the public and City feedback into a Preferred Concept. The Preferred Concept will contain enough information to explain the general form, content, and quality of the design, including: • a statement describing the vision for the site • a short narrative description that characterizes the main features, unique aspects, visitor experience, program elements, and operations • precedent design images to support the concept plan • Conceptual level grading plans for disturbed areas within the project limits • Conceptual utility connection plans including storm drainage, preliminary stormwater treatment and detention facility sizes, sanitary sewer, water, and fire protection services • Opinion of Probable Costs Task 3.7 City Review Meeting Two-hour virtual meeting. MIG will present the Preferred Concept to the City for review and feedback. Task 3 .8 Illustrative 3d/Bird's-eye view Graphic Provide an illustrative 3d or Bird's-eye view site graphic to share with the community and help with fundraising. Task 3.9 Community Engagement Part 4: Define the Project MIG will finalize the Preferred Concept per the City feedback and will create graphics and materials for a final virtual public presentation . MIG will review the public engagement materials with City Staff for approval. Allow for (1) round of revisions. 4 378 CC 06-04-2024 378 of 530 EXHIBIT A MIG will share the Preferred Concept design and Illustrative Graphic with the public to show how earlier community input shaped the final concept . MIG will provide a multi-media, online walk-through of the Preferred Concept with an opportunity to provide general feedback . This step is an opportunity to celebrate the culmination of the community engagement process and mark the transition to the next stage-construction drawings and building the new playground . Task 3.10 City Review Meeting Two-hour virtual meeting. MIG will meet with City Staff to discuss the public's comments and get final approval before moving into the Construction Documents phase . Task 3.11 Environmental Approvals Coordination MIG will provide minor assistance with graphics and coordination. More help may be provided if desired as additional services. Task 3.12 Project Management and Team Coordination The MIG Team will continue Project Management and Team Coordination duties as described in Task 1 and with additional meetings as noted on the accompanying fee spreadsheet. TASK 3 DELIVERABLES Unless otherwise noted, all deliverables will be provided in PDF format. We assume one round of minor revisions for each based on the City's consolidated comments . ■ Draft Plans & Opinion of Probable Costs ■ Commission/Council Presentations (2) ■ Community Engagement Part 3 materials and summaries ■ City Review Meetings Agendas & Meeting summaries ■ Preferred Concept Plan & Opinion of Probable Costs ■ Illustrative 3D/Birdseye Graphic ■ Community Engagement Part 4 materials and summaries ■ Monthly invoices TASK 4: CONSTRUCTION DOCUMENTS (CD) The MIG Team will prepare design plans, construction documents, specifications and opinions of probable costs at the milestones noted below . We will schedule the design and bid process, identifying significant milestone dates and actions items for the project team and assist the City in developing bid documents to advertise for construction . The City will provide any City-required standard details, titleblocks, requirements, and specifications to the MIG team at the beginning of this phase . All submittals will be in the form of a PDF submitted through email, Google drive, or other free and readily available digital sharing format approved by The City. Task 4.1 Preliminary CD Plans The MIG Team will prepare preliminary plans in AutoCAD showing the layout of proposed play area elements, including play elements, paving, site furnishings , planting areas and other site features. Task 4.2 Preliminary CD City Check-in Meeting MIG will facilitate a meeting with City staff to review consolidated comments on the preliminary plans to clarify questions and confirm corrections or minor refinements needed for the 50% set . A summary of the meeting will be prepared . Task 4.3 50% CD Submittal The MIG Team will prepare construct ion documents to a 50% level of completion, drafted in digital format using AutoCAD. Plans shall be prepared at a minimum of 1" = 20 ' scale , As part of the package , the MIG Team will 5 379 CC 06-04-2024 379 of 530 EXHIBIT A develop a materials and equipment schedule reflecting site material, equipment and furnishing selections so the City can review the new playground's proposed aesthetic vision. This scope assumes the development of one set of constructi on drawings for a single-phase project. If the City's budgeting results in the need for phasing or alternates, these can be provided for an additional fee . Task 4.4 50% CD Opinion of Probable Costs The MIG Team will develop an Opinion of Probable Costs based on the submitted plans. Task 4.5 50% CD Regulatory Approval Coordination/Assistance (Allowance) The MIG Team has a small allowance to allow for regulatory approval document preparation and coordination for City reviews such as ADA review, stormwater, and the maintenance department. Task 4.6 City Review Meeting The City will provide one set of consolidated review comments detailing the required changes to the 50% CD drawings and opinion of probable costs . These will be discussed in a two-hour (maximum) virtual meeting between the City and MIG to confirm design direction before beginning the 90% CD package. Task 4.7 90% CD Submittal Based on the 50% CD's submittal and incorporating the City's direction from the 50% CD review meeting, the MIG Team will prepare construction documents to a 90% level of completion . The MIG Team will also provide CSI format technical specifications related to the scope of work. Design documentation, including specifications, will be consistent with required federal, state, and local codes and regulations. Task 4.8 90% CD Opinion of Probable Costs & QA/QC Review The MIG Team will develop an Opinion of Probable Costs based on the submitted plans . MIG's QAQC team will perform an in-house review of drawing set and specifications to ensure Quality Assurance+ Quality Control. Task 4.9 City Review Meeting The City will provide one set of consolidated review comments detailing any required changes to the Design 90% CD package . These w ill be discussed and finalized in a two-hour (maximum) virtual meeting between the City and MIG prior to finalizing the 100% CD package . Task 4.10 100% CD Submittal/Permit Set Based on the final consolidated list of comments and direction from the City, the MIG Team will advance the construction documents set to a level of 100% completion. We will produce final technical specifications in CSI format to describe the requirements for construction materials, equ i pment, systems, standards, and workmanship . The City will be responsible for providing the Division I specifications sections. The MIG team assumes that multiple permit packages are not required and that 100% construction documents will be comprise the construction permitting set. The MIG Team will package the 100% complete construction documents and submit to the City for final review and comment (PDF format). One round of minor edits may be incorporated by the MIG Team to create the final Permit Set . Task 4.11 Bid Set Preparation Incorporating minor revis i ons related to comments from the permitting review, the MIG Team will prepare final design (bid) documents based on the 100% drawings and techncial specifications. Task 4 .12 Project Management and Team Coordination The MIG Team will continue Project Management and Team Coo r dination duties as described in Task 1 and with add itional meetings as noted on the accompanyi ng fee spreadsheet. TASK 4 DELIVERABLES Unless otherwise noted, all del iverables will be provided in PDF format. • Prel iminary plans {In -progress check-i n) for City Review • Design Development (50% CD) Submittal -Drawi ngs and Spec TOC • Design Development (50 % CD) Op inion of Probable Costs 6 380 CC 06-04-2024 380 of 530 EXHIBIT A • 90% CD Submittal -Drawings and Specs • 90% CD Opinion of Probable Costs • 100% CD Drawing Set -Drawings and Specs • 100% CD Opinion of Probable Costs • Monthly invoices TASK 5: BIDDING SUPPORT Task 5.1 Pre-bid Meeting MIG will attend the pre-bid meeting to respond to questions about the Construction Documents. Task 5.2 Bid Assistance Allowance (Bidder Question Response) The MIG Team has made an allowance to prepare responses to bidders' questions to clarify the construction documents. Task 5.3 Conformed Construction Set Submittal Once the bid period is complete and the contractor has been selected, the MIG Team will prepare a final conformed set for the contractor's use during construction. The conformed construction set will incorporate the addenda and responses to bidders' questions. Task 5.4 Project Management and Team Coordination The MIG Team will continue Project Management and Team Coordination duties as described in Task 1 and with additional meetings as noted on the accompanying fee spreadsheet. TASK 5 DELIVERABLES Unless otherwise noted, all deliverables will be provided in PDF format. • Responses to Bidders' Questions • Conformed Construction Set • Monthly invoices No allowance has been made for any value engineering at the Bid Phase. Should bids come in higher than anticipated due to unforeseen market conditions, the MIG Team will meet with the Client to discuss options to move the project forward. Any additional design, coordination or submittals can be provided for additional services. TASK 6: CONSTRUCTION ADMINISTRAT ION Task 6.1 Preconstruction Meeting Participation The MIG Team will attend and participate in a Pre-Construction meeting scheduled and lead by the City. The MIG Team will attend the meeting to support the City in answering the contractor's questions. This scope assumes attendance by the lead landscape architect and civil engineer. If needed, other design team members can be made available through additional services. Task 6.2 Responses to Contractor Submittals The MIG Team will review and take appropriate action (approve with modifications, reject, etc.) on the Contractor's submittals such as RFl's, Shop Drawings, Product Data and Samples, to confirm conformance with the design intent of the project and compliance with the information given in the Contract Documents . Reviews will take place in accordance with reasonable promptness and according to language agreed upon in the bid documents. Reviews and approvals or other action shall not extend to means, methods, techniques, sequences, or procedures of construction or the safety precautions and programs incident thereto . Approval of a specific item shall not indicate approval of an assembly of which the item is a component. The MIG Team assumes a maximum 7 381 CC 06-04-2024 381 of 530 EXHIBIT A of two reviews of contractor submittals and shop drawings . Additional reviews can be provided through additional services (see last section). Task 6.3 Construction Meetings and Site visits MIG will attend up to (4) construction meetings to review construction progress and Contractor's compliance with the design intent. These meetings can be virtual or on-site, depending on current safety measures. In addition, MIG will perform up to (8) site visits and the Civil engineer will perform up to three (3) site visit/reviews, as requested by City . Task assumes a maximum construction duration of ten months. Task 6.4 Preliminary Punch List Site Visit and Preparation When notified that the construction is substantially complete, the MIG team will make one site visit with the City's representative and perform a Preliminary Punch List inspection of the Project to observe any apparent defects in the completed construction regarding conformance with design intent of the Contract Documents . MIG will consolidate observations and provide a "punch list," describing the items it recommends for the contractor's correction prior to scheduling the Final Punch List Site Visit. Task 6.5 Final Punch List Site Visit and Preparation When notified that the construction is fully complete, the MIG team will make one site visit with the City's representative and perform a "Final" inspection of the Project to observe any apparent defects in the completed construction regarding conformance with design intent of the Contract Documents . MIG will consolidate observations and provide a Final Punch List, describing the items it recommends for the contractor's correction prior to closing out the construction contract. Task 6.6 Project Management and Team Coordination The MIG Team will continue Project Management and Team Coordination duties as described in Task 1 and with additional meetings as noted on the accompanying fee spreadsheet . TASK 6 DELIVERABLES Unless otherwise noted, all deliverables will be provided in PDF format. • Submittal and Shop Drawing review documentation • Responses to contractor's Requests for Information • Construction Meetings -(up to 4) • Site Visits -(up to 11) • Preliminary Punch List • Final Punch List • Monthly invoices ADDITIONAL SERVICES The MIG Team has a broad range of experience, skills and services . The following is a non-exhaustive list of items that are not included in this scope but could be provided as additional services if they are needed or desired by the City: • Additional community engagement beyond the scoped items in the process (including digital advertisement, intercept surveys, additional surveys/workshops/open houses/pop-up events). • Additional public meetings beyond the scoped items in the process (including attending City Council meetings, public hearings, hearing examiner meetings, public open houses, and local association meetings). • City project team meetings beyond those listed • Additional design alternative drafts or renderings other than those listed . • Preparation of phased or multiple-packaged construction documents. 8 382 CC 06-04-2024 382 of 530 EXHIBIT A • Preparation of special studies outside our scope of work. • Intensive research and testing to determine conditions of existing site utilities (i.e., potholing, smoke testing, dye testing, pressure testing, fire flow testing, videotaping, etc.). • Utility Relocation Plans • Supplemental surveying services beyond the initial survey necessary for completeness. • Appeal, Design Exception, and Alternative Review applications . • Services related to future facilities and improvements. • Design of water capture/re-use systems, pump stations, sump pumps, or force mains for sanitary sewer or storm drainage systems, if required. • Design of systems to comply with or obtain LEED certification, including preparation of LEED documentation and addressing review comments from the USGBC. • Redesign of civil/landscape items following completion of construction document as a result of site and building plan changes or unforeseen existing conditions . • Design for areas not identified in the project understanding. • Value Engineering . If the MIG Team is needed to assist with VE and/or bid negotiations, it is available on a Time and Materials basis. • Arborist Report • Project Record Drawings PROJECT SCOPE ASSUMPTIONS: • CLIENT: 'The City' refers to the City of Cupertino's Jollyman project team. • BUDGET : Scope and fee is based on a construction budget of $2,910,000 ($2,670,000 base budget with a $240,000 contingency). The City has identified a fundraising goal of $1,000,000. If fund raising goals are not met, there will be a shortfall. Redesign to value engineer the project will require a contract modification. • DELIVERABLES: Unless otherwise indicated, all deliverables will be provided in PDF format. Native files will be created in software selected at the consultant team's discretion. If the City desires printed copies or specific file formats, the MIG Team is happy to work with the City to develop a strategy that meets the project's budget and needs. • IN-PERSON MEETINGS: Team meetings and most community engagement events are assumed to be virtual with some limited outdoor engagement events as noted . • TRANSLATION: All documentation will be in English; however, as an additional service, the MIG Team can provide exhib its in other languages. • CONSOLIDATED COMMENTS : The City will provide MIG with (1) set of vetted and consolidated comments from all parties/agencies in all tasks involving review and feedback. • PERMIT FEES : All permit fees and agency charges will be paid by others . • UTILITIES : The site is adequately served by utilities adjacent to the site. • OFFSITE UTILITIES/STREET/PARKING DESIGN : Offsite utility or street/parking design beyond the identified playground area is not included in this proposal. • ENVIRONMENTAL WORK: Floodplain, wetland, soil remediation or environmental work is not included in this proposal. • CONSTRUCTION TESTING+ INSPECTIONS: Necessary testing and inspections during construction will be provided by others . • EXISTING UTILITY DISTRIBUTION: It is assumed that existing utility distribution systems will not be impacted by the proposed development. 9 383 CC 06-04-2024 383 of 530 EXHIBIT A SURVEY AREA: 10 384 CC 06-04-2024 384 of 530 EXH IBIT A City of Cupertino I Joltyman Park All -Inclusive Playground estimated ro ·ect cost ·····--_-........... •········ ·::: ........ -1 ··········· ......... . 385 CC 06-04-2024 385 of 530 EXHIBIT B: Schedule Jollyman Park All-Inclusive Playground Task 1: Project Initiation and Ongoing Project Management -January 2022 (0.5 month) Task 2: Data Collection and Existing Conditions -Jan -Feb 2022 (1.5 months) Task 3: Concept Design -Mar -June 2022 (4 months) Task 4: Construction Documents -June 2022 -Mar 2023 (7 months) Task 5: Bidding Support -Apr.-June 2023 (2.5 months) Task 6: Construction Administration -June 2023 -Mar. 2024 (9.5 months) Project schedule is subject to refinement at the kickoff meeting and will be regularly updated during the course of the project, working with City staff, to better reflect project needs and City review times. 386 CC 06-04-2024 386 of 530 EXHIBIT C: Hourly Rates and Reimbursable Expenses Jo l lyman Park All-Inclusive Playground Unless specified otherwise, invoices are submitted monthly showing time and charges for professional services by staff category and a separate figure for expenses. Invoices are payable upon receipt. Invoices unpaid past 30 days are subject to interest at 1-1/2% per month. MIG Inc. labor includes all overhead. Hourly rates by position are noted below: Role Principal-in-Charge Project Manager Play Specialist/CPS! Project Associate Irrigation Designer Community Outreach Specialist Senior Urban Designer Project Assistant Planner/Master Plan Advisor ADA Specialist Graphic Designer Expenses are as follows: Type Automobile travel Meals Photocopy (letter and tabloid) Color copies (letter and tabloid) Commercial printing/plotting Subcontractors Other (lab tests, aerial photos, etc) $/hour $210 $180 $160 $95 $145 $140 $150 $80 $165 $135 $140 Rate current IRS rate cost+ 5% $0.10/print $0 .50/print cost+ 5% cost+ 5% cost+ 5% 387 CC 06-04-2024 387 of 530 EXHIBITD Insurance Requirements Design Professionals & Consultants Contracts ---- Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE PO LICIES AND MINIMUMS REQUIRED l. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with l imits no less than $2,0 00,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City's own insurance or self- insurance shall be called upon to protect City as a named insured. 2 Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: As required by the State of California, with Statutory Limits and Employer's Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. J Not required Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant's profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a claims made form: a The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: -----,- Exh. D-lnsurance Requirements for Design Professionals & Consultants Contracts Form Updated Sept. 2019 1 388 CC 06-04-2024 388 of 530 Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers ("Additional Insureds") are to be covered as additional insureds on Consultant's CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant's insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, iflater editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant's insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants . This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City's option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City . Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements ( or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. S ubcons ultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant's insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk , prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice . Ex h. D-Insurance Requirements for Design Professionals & Co nsu ltants Contracts Form Updated Sept. 2019 2 389 CC 06-04-2024 389 of 530 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 11/22/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, E X T END OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~1~cT The Certfiicate Team AssuredPartners Design Professionals I n surance Services, LLC PHONE I FAX 3697 Mt. Diablo Blvd Suite 230 IAlr .,ft"•"' IA/C Nol: Lafayette CA 94549 ifD~~ss: CertsDesiqnPro@AssuredPartners.com INSURER(S) AFFORDING COVERAGE NAIC# License#: 6003745 INSURER A : Berkley Insurance Company 32603 INSURED MIGIN C0-01 INSURER B : Travelers Property Casualty Company of America 25674 MIG, Inc. INSURER c : The Travelers Indemnity Company of Connecticut 25682 Moore lacofano Goltsman, Inc. 800 Hearst Ave INSURERD : Berkeley CA 94710 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 2075696555 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS . EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ••••n "n,n POLICY NUMBER IMM/DDNYYYl IMM/DDNYYYl LIMITS B X COMMERCIAL GENERAL LIABILITY y y 6801 H899998 8/31/2021 8/31/2022 EACH OCCURRENCE $1 ,000 ,000 -□ CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence \ $1,000,000 X Contractual Uab MED EXP (Any one person) $10 ,000 - Included PERSONAL & ADV INJURY $1 ,000 ,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000 ,000 =i 0 PRO-0LOC PRODUCTS -COMP/OP AGG $2,000 ,000 POLICY JECT OTHER: $ C AUTOMOBILE LIABILITY y y BAOS579947 8/31 /2021 8/31/2022 COMBINED SINGLE LIMIT $1 ,000,000 /Ea accident\ - X ANY AUTO BODILY INJURY (Per person ) $ --OWNED SCHEDULED BODILY INJURY (Per accident) $ -AUTOS ONLY -AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident\ - $ B X UMBRELLA LIAB MOCCUR y y CUPOH758762 8/31 /2021 8/3 1/2022 EACH OCCURRENCE $10 ,000 ,000 - EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000 ,000 OED I X I RETENTION$ n $ B WORKERS COMPENSATION y UB2L55390 9 8/31 /2021 8/31 /2022 X I ~ffruTE I I OTH-ER AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/E XECUTI VE □ E.L. EACH ACCIDENT $1,000 ,000 OFFICER/MEMBER EXCLUDED ? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1 ,000,000 If yes , describe under DESCRIPTION OF OPERATIONS bel ow E.L. DISEASE -POLICY LIMIT $1 ,000 ,000 A Professi onal Liability N y AEC90472500 3 8/31 /2021 8/31/2022 Each Claim $3 ,000,000 Annual Aggregate $5 ,000 ,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEH ICLES (ACORD 101 , Additional Remarks Schedule, may be attached if more space is required) Umbrella Liability policy is a follow-form underlying General Liability/Auto Liability/Employers Liability. Re: Jollyman Park All-Inclusive Playground The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are named as an additional insured as respects general liability and auto liability as required per written contr act or agreement. General Liability is Primary/Non-Contributory per policy form wording . Insurance coverage includes waiver of subrogation per the attached endorsement(s). CERTIFICATE HOLDER City of Cuperti no 10300 Torre Ave. Cupertino CA 95014 CANCELLATION 30 Da s Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are regi stered marks of ACORD 390 CC 06-04-2024 390 of 530 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6801H899998 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products- completed operations hazard", provided that such contract was signed and executed by you before , and is in effect when , the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to wh ich an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies . Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products-completed opera- tions hazard". CG 20 37 07 04 CG TS 02XXXX © ISO Properties , Inc., 2004 Page 1 of 1 DATE OF ISSUE : 08/31/2021 391 CC 06-04-2024 391 of 530 COMMERCIAL GENERAL LIABILITY POLICY NUMBER 6801H899998 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies . (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 0 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved -Page 1 of 1 CG TS 01 xx xx Includes copyrighted material of Insurance Services Office, Inc. with its permission. DATE OF ISSUE: oa13112021 392 CC 06-04-2024 392 of 530 Policy # 6801 H899998 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also . Under this approach each Insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non-Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily inj.lry" or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates . b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured . The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured . c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy , you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance . However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or reoulations . 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies : a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us . The insured must do nothing after loss to impair them. At our request , the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V -DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters . For the purposes of this definition : a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a webs ite that is about your goods , products or services for the purposes of attracting customers or supporters is considered an advertisement. Page16of21 © 2017 The Trave lers Indemnity Company . All rights reserved. CG T1000219 Inc ludes copyrighted material of Insurance Services Office , Inc . with its permission . 393 CC 06-04-2024 393 of 530 Policy # 6801 H899998 occupational therapist or occupational therapy assistant, physical therapist or speech-language pathologist ; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I - COVERAGES -COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY : Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section : "Incidental medical services" means : a. Medical , surgical , dental , laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical , dental , or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance , of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS : This insurance is excess ove r any valid and collectible other insurance, whether primary , excess , contingent or on any other basis , COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II - Who Is An Insured . K. MEDICAL PAYMENTS -INCREASED LIMIT The following replaces Paragraph 7. of SECTION Ill -LIMITS OF INSURANCE : 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person , and will be the higher of: a. $10,000 ; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION -PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance , of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS : This insurance is excess over any of the other insurance , whether primary , excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION - WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization , we waive our right of recovery against such person or organization , but only for payments we make because of : a. "Bod il y injury" or "property damage" that occurs ; or b. "Personal and advertising injury" caused by an offense that is committed ; subsequent to the signing of that contract or agreement. GG-03~9--0 2 19 © 201 Hhe----Travelers Indemnity Company. All rights reserved . Page 5 oL6 Includes copyrighted material of Insurance Serv ices Office , Inc. with Its pe rmiss ion. 394 CC 06-04-2024 394 of 530 Policy : BA0S579947 COMMERC IA L AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following : BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE in the BUSINESS AUTO COVERAGE FORM and Paragraph e. in A.1., Who Is An Insured , of SECTION II -COVERED AUTOS LIABILITY COVERAGE in the MOTOR CARRIER COVERAGE FORM , whichever Coverage Form is part of your policy: This includes any person or organization who you are requ ired under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". CA T4 37 0216 © 2016 The Travelers Indemnity Company. All rights reserved . Page 1 of 1 Includes copyrighted material of Insurance Services Office , Inc . with its permission . 395 CC 06-04-2024 395 of 530 Policy#: BA0S579947 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph 8.5., Other Insurance of SECTION IV -BUSINESS AUTO CONDITIONS : Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization , that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory . CA T4 74 0216 © 2016 The Travelers Indemnity Company . All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 396 CC 06-04-2024 396 of 530 Po licy# BA0S5 7994 7 COMMERCIAL AUTO T HIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under t he following : AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of Rights Of Recovery Against Others To Us , of the CONDITIONS Section: 5. Transfer Of Rights Of Recovery Against Oth- ers To Us We waive any right of recovery we may have against any pe rson or organizatio n to the extent required of you by a written contract executed pr ior to any "accident" or "loss", provided that the "accident " or "loss" arises out of the operations contemplated by such contract. The waiver ap- plies only to the person or organization desig- nated in such con t ract. CA T3 40 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office , Inc . with its permission . 397 CC 06-04-2024 397 of 530 ~ TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) - POLICY NUMBER: UB2L553909 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 mium. % of the California workers' compensation pre- Schedule Person or Organization Job Description Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. 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.) Insurance Company Countersigned by ____________ _ Travelers Property Casualty Company of America -------- DATE OF ISSUE: 1112212021 Page 1 of 1 398 CC 06-04-2024 398 of 530 SIGNED_MIG for All-Inclusive Playground at Jollyman Park Final Audit Report 2021-12-10 Created: 2021-12-09 By : Julia Kins! Ouliak@cupertino.org) Status: Signed Transaction ID: CBJCHBCAABAA4F2c7BjpwgFJsSICx8DpGz7IC4gcweSm "SIGNED_MIG for All-Inclusive Playground at Jollyman Park" Hi story ~ Document created by Julia Kinst Uuliak@cupertino.org) 2021-12-09 -6:39 :15 PM GMT-IP address: 64 .165 .34 .3 0'o, Document approved by Julia Kinst Uuliak@cupertino.org) Approval Date: 2021-12-09-6:41:23 PM GMT -Time Source: server-IP address : 64 .165.34.3 12. Document emailed to Araceli Alejandre (aracelia@cupertino .org) for approval 2021-12-09 -6:41 :25 PM GMT 0'0 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2021-12-09 -11 :56:31 PM GMT -Time Source : server-IP address: 64 .165 .34.3 12. Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature 2021-12-09-11:56:33 PM GMT ~ Email viewed by Christopher D. Jensen (christopherj@cupertino.org) 2021-12-10-0:10:34 AM GMT-IP address : 172 .225.89.120 0'0 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date : 2021-12-10 - 1 :47:55 AM GMT -Time Source : server-IP address : 136.24.42 .212 12. Document emailed to Dianne Thompson (she/her) (diannet@cupertino.org) for signature 2021-12-10-1:47:59AM GMT ~ Email viewed by Dianne Thompson (she/her) (diannet@cupertino.org) 2021-12-10-3:18:35 AM GMT-IP address: 104.28.124.179 0'0 Document e-signed by Dianne Thompson (she/her) (diannet@cupertino.org) Signature Date : 2021-12-10 -3:28:01 AM GMT -Time Source : server-IP address : 99.179.16 .200 a I POW:REDBY Adobe Sign Ct.Jl"ll'rrl t,IQ 399 CC 06-04-2024 399 of 530 18'. Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2021-12-10-3:28 :04 AM GMT ~ Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2021-12-10-4:33:05 AM GMT-IP address: 172.225.89.144 0'0 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2021-12-10 -4:33:24 AM GMT -Time Source: server-IP address : 69 .110 .137.176 0 Agreement completed . 2021-12-10-4:33:24 AM GMT I KJWE'RfD3Y Ad obe Sign 400 CC 06-04-2024 400 of 530 May 16, 2024 Susan Michael, Capital Projects Programs Manager City of Cupertino, City Hall 10300 Torre Ave. Cupertino, CA 95014 EXHIBIT A-5 Re: Revised Additional Services #5 Jollyman Park Inclusive Playground (MIG proj. no. 30902) Dear Susan, We are requesting additional services to assist the City with construction observation beyond the scope of work in the original contract. The original contract expired in December 2024, as we expected the construction to be complete well before that date. In fact, the duration of the work has been extended with construction scheduled to begin in the summer of 2024, and will continue into Spring/Summer of 2025. The construction observation/administration work has expanded to include additional utility coordination, public art coordination, and extended involvement including site visits. The following summarizes the MIG team's request for additional work and fees that are above and beyond the original contract, signed Dec. 9, 2021. We will need a contract extension to 8/31/2025 as construction will continue beyond our 12/31/2024 contract end date. All other terms in the original contract remain in effect. Add Services (Task 10: Construction Observation) We are requesting additional fees to requested assistance with construction observation; effort to be coordinated with City staff: Task 10 Construction Observation Total Add Service #5 Sincerely, Principal, Director of Community Design Services MIG : $45,000 $45,000 PLANNING I DESIGN I COMMUNICATIONS I MANAGEMENT I SCIENCE I TECHNOLOGY 800 Hearst Avenue • Berkeley, CA 94710 • USA • 510-845-7549 • www.migcom.com Offices in: California • Colorado • Oregon • Texas • Washington 401 CC 06-04-2024 401 of 530 402 CC 06-04-2024 402 of 530 CITY OF CUPERTINO Agenda Item 24-13220 Agenda Date: 6/18/2024 Agenda #: 10. Subject:Termination of loan agreement between the City of Cupertino and the Pacific Autism Center for Education Authorize the City Manager to terminate a loan agreement between the City of Cupertino and the Pacific Autism Center for Education pursuant to a settlement agreement between the parties, in consideration for a payment of $50,000 into the City’s BMR fund CITY OF CUPERTINO Printed on 6/12/2024Page 1 of 1 powered by Legistar™403 CC 06-04-2024 403 of 530 CITY COUNCIL STAFF REPORT Meeting: June 18, 2024 Subject Termination of loan agreement between the City of Cupertino and the Pacific Autism Center for Education Recommended Action Authorize the City Manager to terminate a loan agreement between the City of Cupertino and the Pacific Autism Center for Education pursuant to a settlement agreement between the parties, in consideration for a payment of $50,000 into the City’s BMR fund Reasons for Recommendation On June 23, 1995, the City of Cupertino and Pacific Autism Center for Education (“PACE”) entered into a loan agreement in which PACE received a $100,000 Community Development Block Grant (“CDBG”) for the purpose of acquiring the property located at 7576 Kirwin Lane, Cupertino (Attachment A). PACE acquired the property for the purpose of providing affordable housing for low- and very low-income autistic clients and operated a group home on the property until 2023. PACE repaid the loan in 2015. However, the 1995 loan agreement included a deed restriction limiting the property to affordable housing uses for a period of 30 years, through June 23, 2025, and obligated PACE to provide affordable housing on the property throughout that period. The group home ceased operations in 2023 and remains vacant. At around the time the group home closed, PACE sought to obtain the City’s consent to reconvey the deed of trust, notwithstanding PACE’s ongoing obligation to provide affordable housing on the property. PACE reported significant operating losses associated with operating the group home and broader financial distress to the organization as a whole. The parties were unable to agree on a mutually acceptable solution in response to PACE’s request, and on October 9, 2023, PACE filed a lawsuit in Santa Clara County Superior Court seeking to compel the City to reconvey the deed of trust for purposes of allowing 404 CC 06-04-2024 404 of 530 the sale of the property unencumbered by the affordability restriction (Case No. 23CV423995). Despite PACE’s breach of its obligation to provide affordable housing, the parties negotiated a mutually beneficial resolution of the lawsuit that would allow the City to receive funds to support below market rate (“BMR”) housing while allowing the sale of the vacant property to move forward. On June 4, 2024, the parties executed a settlement agreement in which PACE agreed to make a $50,000 contribution to the City’s BMR housing fund in exchange for the City’s termination of the loan agreement and the associated affordable housing covenant (Attachment B). The settlement agreement is contingent on the City’s Council’s authorization to terminate the loan agreement. Under Section 14(B) of the loan agreement, the City and PACE may terminate the agreement and the affordability covenant if both parties agree that continued operation of the group home “would not produce beneficial results commensurate with further expenditure of funds.” Staff recommends that the City Council approve the termination of the agreement on that basis. If Council authorizes the termination of the loan agreement, PACE will deliver the settlement payment to the City within seven days following the City Council’s vote, and the City Manager will then reconvey the deed of trust to PACE within seven days of receipt of the settlement payment. Sustainability Impact No sustainability impact. Fiscal Impact The City’s BMR fund would receive a payment of $50,000 as a result of the settlement agreement with PACE. The funds will be placed in the BMR fund, 265-90-001 480-401. California Environmental Quality Act Not applicable. _____________________________________ Prepared by: Christopher D. Jensen, City Attorney Approved for Submission by: Pamela Wu, City Manager Attachments: A – Loan Agreement B – Settlement Agreement 405 CC 06-04-2024 405 of 530 406 CC 06-04-2024 406 of 530 407 CC 06-04-2024 407 of 530 408 CC 06-04-2024 408 of 530 409 CC 06-04-2024 409 of 530 410 CC 06-04-2024 410 of 530 411 CC 06-04-2024 411 of 530 412 CC 06-04-2024 412 of 530 413 CC 06-04-2024 413 of 530 414 CC 06-04-2024 414 of 530 415 CC 06-04-2024 415 of 530 416 CC 06-04-2024 416 of 530 417 CC 06-04-2024 417 of 530 418 CC 06-04-2024 418 of 530 419 CC 06-04-2024 419 of 530 420 CC 06-04-2024 420 of 530 421 CC 06-04-2024 421 of 530 422 CC 06-04-2024 422 of 530 423 CC 06-04-2024 423 of 530 424 CC 06-04-2024 424 of 530 425 CC 06-04-2024 425 of 530 426 CC 06-04-2024 426 of 530 427 CC 06-04-2024 427 of 530 428 CC 06-04-2024 428 of 530 429 CC 06-04-2024 429 of 530 430 CC 06-04-2024 430 of 530 431 CC 06-04-2024 431 of 530 432 CC 06-04-2024 432 of 530 433 CC 06-04-2024 433 of 530 434 CC 06-04-2024 434 of 530 435 CC 06-04-2024 435 of 530 436 CC 06-04-2024 436 of 530 437 CC 06-04-2024 437 of 530 438 CC 06-04-2024 438 of 530 439 CC 06-04-2024 439 of 530 440 CC 06-04-2024 440 of 530 441 CC 06-04-2024 441 of 530 442 CC 06-04-2024 442 of 530 443 CC 06-04-2024 443 of 530 444 CC 06-04-2024 444 of 530 445 CC 06-04-2024 445 of 530 446 CC 06-04-2024 446 of 530 447 CC 06-04-2024 447 of 530 -4- 394\33\3763966.4 The Parties acknowledge that by signing this Settlement Agreement they are knowingly waiving the provisions of Section 1542. Initials: The City: _____ PACE: _____ 7.No Admission of Liability Nothing contained herein shall be construed as an admission or acknowledgment of any fact, legal issue, claim or defense on the part of any Party; any such interpretation of this Settlement Agreement is hereby expressly disclaimed. 8.Counterparts This Settlement Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Settlement Agreement. Signatures provided by facsimile shall have the same force and effect as original signatures. 9.Notices All notices, demands, or other communications which this Settlement Agreement contemplates or authorizes shall be in writing and shall be personally delivered, faxed, or mailed to the respective Party as follows: If to the City: Attn: Christopher Jensen City Attorney’s Office 10300 Torre Avenue Cupertino, CA 95014 With Copies to: Celia W. Lee Goldfarb & Lipman LLP 1300 Clay Street, Eleventh Floor Oakland, CA. 94612 If to PACE: Kurt Ohlfs Pacific Autism Center for Education 1880 Pruneridge Ave Santa Clara, CA 95050 With Copies to: Anthony F. Ventura Ventura Hersey & Muller LLP 1506 Hamilton Ave. San Jose, CA 95125 Any Party may change the address stated herein by giving notice in writing to the other Parties, and thereafter notices shall be addressed and transmitted to the new address. 448 CC 06-04-2024 448 of 530 449 CC 06-04-2024 449 of 530 450 CC 06-04-2024 450 of 530 451 CC 06-04-2024 451 of 530 452 CC 06-04-2024 452 of 530 453 CC 06-04-2024 453 of 530 CITY OF CUPERTINO Agenda Item 24-13221 Agenda Date: 6/18/2024 Agenda #: 11. Subject:Sale of city-owned property at 10301 Byrne Avenue 1. Adopt Resolution No. 24-065 authorizing the sale of surplus real property located at 10301 Byrne Avenue, Cupertino, California. (Attachment A) 2. Approve a deed restriction substantially similar to Attachment B in compliance with the State Surplus Land Act for the property, to be completed prior to the close of escrow. 3. Authorize the City Manager to execute sales agreements (Attachment C) and related documents for the property at 10301 Byrne Avenue with Zhao Han. CITY OF CUPERTINO Printed on 6/12/2024Page 1 of 1 powered by Legistar™454 CC 06-04-2024 454 of 530 CITY COUNCIL STAFF REPORT Meeting: June 18, 2024 Subject Sale of city-owned property at 10301 Byrne Avenue Recommended Action 1. Adopt Resolution No. 24-XXX authorizing the sale of surplus real property located at 10301 Byrne Avenue, Cupertino, California. (Attachment A) 2. Approve a deed restriction substantially similar to Attachment B in compliance with the State Surplus Land Act for the property, to be completed prior to the close of escrow. 3. Authorize the City Manager to execute sales agreements (Attachment C) and related documents for the property at 10301 Byrne Avenue with Zhao Han. Reasons for Recommendation On December 19, 2017 the City Council approved the purchase of the Property at 10301 Byrne Avenue. The purpose of the purchase was to facilitate right-of-way modification to create space for an enhanced pedestrian entrance to Blackberry Farm. A dedication of right-of-way has been completed and recorded with the County. The Surplus Land Act (Act) (California Government Code Section 54222 et seq.), defines the process for disposition of real property owned by government entities. In summary, prior to offering the property for sale, the City must offer this property for sale or lease to the following types of organizations as defined in the Act: 1. Public entities and Housing Sponsors for the development of low- or moderate- income housing. 2. Entities involved in parks, recreation, and open space. 3. School districts. On July 6, 2023, the City Council declared the subject property surplus. Following this decision, on July 25, 2023, the City sent a 60-day Notice of Availability (NOA) of Surplus Land to all required entities as pursuant in the Act. 455 CC 06-04-2024 455 of 530 Upon conducting this process, two entities expressed interest in the property and staff entered into negotiations with both. The Surplus Land Act requires negotiation for a 90 day period. The two entities are listed below:  Bay Area Housing Corporation  Community Veteran’s Partners Initially both entities provided proposals for the property that included a donation of the property at no cost to the interested entity. Consistent with Council direction, staff countered with an offer for sale at market rate. Bay Area Housing Corporation provided notice that they would not be interested at that value. Community Veterans Partners continued to pursue the property but were unable to provide information on the legal status of the entity, fiscal capacity, and other information within a timely manner. Following 167 days of negotiation, staff had the property listed for sale publicly by Keller Williams. The Surplus Land Act process is monitored by State Housing and Community Development (HCD) department. HCD has reviewed the documents associated with the process the City followed and provided a letter of approval. The City contracted with Keller Williams Realty to represent the property interests. Real estate agents began the marketing effort immediately, sharing the upcoming availability of the property within the industry. The property was listed promptly on the Multiple Listing Service (MLS) with upcoming availability and Keller Williams marketed the property through other agents and known interested parties. The goal with the advance work was to build anticipation and interest early such that, when the property is listed publicly, there is immediate activity. This bore during the three-day weekend (May 25- 27) where the property was open. It was also listed as active on internet-based property sites such as Redfin as well as traditional noticing by way of a for-sale sign placed in advance in front of the property. Interest was high during this timeframe with 15 parties expressing online interest and over 50 visitors walking in during open house. The City received a strong as-is offer of $3,110,000, above the asking price, with no contingencies from a Cupertino family who currently rents down the street and wants to make Cupertino their permanent home. This property was purchased for the purpose of obtaining additional right-of-way. In that process, the property itself was made smaller. In spite of the reduction in size, the City is positioned to generate revenue above the expenses from the acquisition. Sustainability Impact: None Fiscal Impact: 456 CC 06-04-2024 456 of 530 The sale of the property will net the City approximately $2,912,395.05 in cash after commission and fees associated with closing escrow. These funds will be deposited in the City’s General Fund for later appropriation by the City Council. California Environmental Quality Act (CEQA) The proposed project is exempt from CEQA under CEQA Guidelines section 15312 (surplus government property sales). Under CEQA Guidelines section 15132(b)(3), the use of the property and adjacent property has not changed since the time of its purchase by the City. _____________________________________ Prepared by: Tina Kapoor, Deputy City Manager Reviewed by: Christopher Jensen, City Attorney Approved for Submission by: Pamela Wu, City Manager Attachments: A – Draft Resolution B – Draft Deed Restriction C - Sales Agreement 457 CC 06-04-2024 457 of 530 RESOLUTION NO. 24-____ A RESOLUTION OF THE CUPERTINO CITY COUNCIL AUTHORIZING THE SALE OF SURPLUS REAL PROPERTY LOCATED AT 10301 BYRNE AVENUE, CUPERTINO, CALIFORNIA WHEREAS, on December 19, 2017, the City Council approved the purchase of the Property at 10301 Byrne Avenue (APN 357-11-020) (the “Property”) for the purpose of facilitating right-of-way modification to create space for an enhanced pedestrian entrance to Blackberry Farm; and WHEREAS, following the purchase of the Property, staff prepared and recorded a revised Plat and Legal description for the Property that dedicated a portion of the Property frontage for roadway purposes; and WHEREAS, the City Council determined that there was no public use for the remaining portion of the Property and declared the Property surplus on July 6, 2023; and WHEREAS, on July 25, 2023 the City provided notice of availability of the Property pursuant to Government Code section 54222; and WHEREAS, within the 60-day notice period, the City received notice of interest from two entities that received the notice of availability and negotiated with those entities in good faith regarding the disposition of the Property as prescribed in Government Code section 54223, but failed to arrive at a mutually satisfactory sales price and terms with either entity; and WHEREAS, following the close of the good faith negotiation period prescribed by section 54223, the City received an offer to purchase the property for the amount of $3,110,000 and WHEREAS, the City Council finds and declares that Government Code section 65402(a) is inapplicable to the Property because it involves disposition of the remainder of a larger parcel that was acquired and used in part for street purposes; and WHEREAS, the City Council finds that the disposition of the Property would be of benefit to the City. 458 CC 06-04-2024 458 of 530 Resolution No. 24- Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the City Manager to execute and negotiate a sales agreement for the disposition of the Property located at 10301 Byrne Avenue, Cupertino for an amount not less than $2,988,000 and further authorizes the City Manager to execute and record any deed restriction necessary to comply with the Surplus Land Act, California Government Code Section 54222 et seq. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of June, 2024, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________________________ Sheila Mohan, Mayor City of Cupertino ________________________ Date ATTEST: ________________________ Kirsten Squarcia, City Clerk ________________________ Date 459 CC 06-04-2024 459 of 530 93939.00051\32688918.3 01/29/21 Page 1 of 3 RECORDING REQUESTED BY THE CITY OF CUPERTINO AND WHEN RECORDED RETURN TO: CITY OF CUPERTINO ATTN: CITY CLERK 10300 TORRE AVE CUPERTINO, CA 95014 DEED RESTRICTION AND COVENANT “NO FEE” State of California County of Santa Clara This Covenant and Deed Restriction is made and executed on this ____ day of _____________, 20____ by the City of Cupertino pursuant to City Council Resolution ________. The undersigned hereby certify that I/we are the owner(s) of the hereinafter legally described property located in the City of Cupertino (the City), State of California. Said property is located at 10301 Byrne Avenue, known as Santa Clara County Assessor's Parcel No. 357-11-020 and by the legal description as defined in the recorded grant deed (attached as an exhibit herein). If ten (10) or more residential units are developed on the Property, not less than 15 percent of the total number of residential units developed on the property shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of 65915 of the California Government Code. These requirements shall be covenants or restrictions running with the land and shall be enforceable against any owner who violates a covenant or restriction and each successor-in-interest who continues the violation by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code. IN WITNESS WHEREOF, executed this _____ day of ___________, 2024. 460 CC 06-04-2024 460 of 530 93939.00051\32688918.3 01/29/21 Page 2 of 3 ______________________________ Property Owner Date Covenants and Deed Restrictions must have all signature(s) notarized by a Commissioned Notary Public. (See following page.) 461 CC 06-04-2024 461 of 530 93939.00051\32688918.3 01/29/21 Page 3 of 3 ACKNOWLEDGMENT State of California ) ) County of ) On before me, ____________________________________________________ (insert name and title of the officer) personally appeared _____________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________________ (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 462 CC 06-04-2024 462 of 530 CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (C.A.R. FORM RPA, Revised 12/22) DocuSign Envelope ID: E555DO9C-74DA-416E-985D-F746AFD34E7B r Date Prepared: May 29, 2024 1. OFFER: A. THIS IS AN OFFER FROM B. THE PROPERTY to be acquired is Zhao Han, Jing Guo 10301 Byrne Ave ("Buyer"). , situated 95014 (Zip Code), ("Property"). Zhao Han, Jing Guo 10301 Byrne Ave (County), California, 02177478 in Cupertino (City), SantaClara Assessor'sParcelNo(s). 357-11-020 (Postal/Mailing address may be different from city jurisdiction. Buyer is advised to investigate.) C. THE TERMS OF THE PURCHASE ARE SPECIFIED BELOW AND ON THE FOLLOWING PAGES. D. Buyer and Seller are referred to herein as the "Parties." Brokers and Agents are not Parkies to this Agreement. 2. AGENCY: A. DISCLOSURE: The Parties each acknowledge receipt of a "Disclosure Regarding Real Estate Agency Relationships" (C.A.R. Form AD) if represented by a real estate licensee. Buyer's Agent is not legally required to give to Seller's Agent the AD form Signed by Buyer. Seller's Agent is not legally obligated to give to Buyer's Agent the AD form Signed by Seller. B. CONFIRMATION: The following agency relationships are hereby confirmed for this transaction. Seller's Brokerage Firm Keller Williams Thrive License Number Is the broker of (check one): % the Seller; or 12d both the Buyer and Seller (Dual Agent). Seller'sAgent RichardLo LicenseNumber 02044009 Is (check one): % the Seller's Agent. (Salesperson or broker associate) or 7 both the Buyer's and Seller's Agent (Dual Agent). Buyer'sBrokerageFirm KellerWilliamsThrive LicenseNumber 02177478 Is the broker of (check one): % the Buyer or 12d both the Buyer and Seller (Dual Agent). Buyer'sAgent EdwardTseng LicenseNumber 02013904 Is (check one): % the Buyer's Agent. (Salesperson or broker associate) or 7 both the Buyer's and Seller's Agent (Dual Agent). C. @MorethanoneBrokeragerepresents@Seller,OBuyer.See,AdditionalBrokerAcknowledgement(C.A.R.FormABA). D. POTENTIALLY COMPETING BUYERS AND SELLERS: The Parties each acknowledge receipt of a [5"Possible Representation of More than One Buyer or Seller - Disclosure and Consent" (C.A.R. Form PRBS). 3. TERMS OF PUF.CL'ASE AND ALLOCATION OF COSTS: The items in this paragraph are contractual terms cf tt:e Agreement. Reterenced zara'irazhs arovide furkher explanation. This form is 16 iaces. The Parties are advised to read all 16 iaces. J%3-Q'A ?5aJ ,.b -"riivgiohr--ffi- i' "-t'f7CC'-4UJJjgJQip-B---'-. -.-!. ---... ,-,;4:a6.ifi§4$% :" a,:: .J.'' - - '- - --_-__ -__-..."_ A 5, 5B (cash)Purchase Price $ 3,110,000.00 OAII Cash B Close of Escrow (COE) [gos_06n0 Days after Accep(dtaantec)e c 32A Expiration of Offer 3 calendar days affer all Buyer Signature(s) or (date), at5PMor IJAM/lJPM D(1) 5A(1)Initial Deposit Amount $ 93,300.00 ( 3.00 % of purchase price)within 3 (or 1 ) business days (% number above is for calculation purposes and is not a contractual term) affer Accepty wire transfer OR % D(2) 5A(2)@ Increased Deposit $ ( % of purchase price)Upon_removal of all confinqencies -(Money placed i-nto escrow affer (% number above is for calculation purposes 'O'R% - (date) the initial deposit. Use form DID at limb inrraaead tlzii'ihei+ ia matlzi l and is not a contractual term) OR % ljj jj I;i Ijj la I I;i a I;i IJ kl IJ ll @ jl j jjj ll * / E(1) 5C(1)Loan Amount(s): First $ 1,555,000.00 ( 50.00 % of purchase price) Conventional or, if checked. Interest Rate Points If FHA or VA checked, Deliver list of Fixedrateor0Initialadjustablerate ' * not to exceed % * Buyer to pay up to points to obtain the rate above 17(or DaysaflerAcceptance []FHA (Forms FVAC/HID attached) % VA (Form FVAC attached) % Seller Financing % Other: lender required repairs E(2) 5C(2)Additional Financed Amount $ ( % of purchase price)Conventional or, if checked, Interest Rate Points Fixed tate or @ Initial adjustable rate ii not to exceed ____% it Buver to oav uo to ooints to obtain EloSethlleerr: Financing rate above E(3) 7A Occupancy Type Primary, or if checked, 0 Secondaiy € lnvestment F 5D Balance of Down Payment $ 1,461,700.00 PURCHASE PRICE TOTAL $ 3,110,000.00 @ 2022, California Association of REALTORS@, Inc. RPA REVISED 12/22 (PAGE I OF 16)Buyer.'s Initials ["" g'Seller's Initials 463 CC 06-04-2024 463 of 530 DocuSign Envalope II): E555DO9C-74DA-416E-985DF746AFD:.4E7B rroOenV /-1€)areSS'. -UJUI bVrne AVk'. tAjDe. 7fflO L) !15('74 Date: Ma t 23. 202t! ! ffi li__a*-,__ "9-3r:1 .!Q-JE J Qh""lJp-@-q-pI9p--J _ ________ _______-._-_ 'Tgi'p-s3-4J[QJiJl ------- '--- -7 !.., i,T.$, q7alt-T-"er,saal"l'l!I"-'i. -._' . - = - ..J G(1) 5E Seller Credit, if any, to Buyer 0$ ( % of purchase price) (% number above is for calculation purposes and is not a contractual term) Seller credit to be applied to closing costs OR @ Other: G/21 ADDITIONAL FINANCE TERMS: G(3) 18 08eller agrees to pay the obligation of Buyer to compensate Buyer's Broker under a separate agreement (C.A.R. Form SPBB attached). Seller's Brokers offer, if any, to compensate Buyer's Broker is unaf'ected unless Otherwise Agreed. H(1)5B Verification of All Cash (sufflcieni funds) Attached to the offer or 0 3 (or Days afier Acceptance H(2)6A Verification of Down Payment and Closing Costs Attachedtotheofferor@3(or Days after Acceptance H(3)6B Verification of Loan Application Attached to the offer or @ 3 (or __) Days afier Acceptance JPrequalification 0 Preapproval _ Fully underwritten preapproval ['9173_-____J_=, _'- .__o'._-."'_"_____,'.'=lm@!ta 31M!Mlffi'kT--:7----------'-.'7 " ---- ='"y--W.---r .-.... .... ....=... =._.___._.._-a:l!IWRt$l-,-..-. ': _ _ _ , , J 16 Final Verification of Condition 5 (or Days prior to COE K 23 Assignment Request 17 (or __) Days after Acceptance ['_"-.! 9Q-'-"'_"'.'."-'-'-'-'-----'-.,-'_,-r3@--cr@s;= I____" ____ - aa -T"'ffl' i : ""E"-__,"--':a)'7" "-'(:9"a'a a =,:== "a'l L(1)8A Loan(s)17 (or ___) Days after Acceptance [gNo loan contingency""'----""'-' L(2)8B Appraisal: Appraisal contingency based upon appraised value at a minimum of purchase price or as 17(or ___)DaysafterAcceptance [gNo appraisal contingency Removal of appraisal contingency does not eliminate appraisal riiiii*eilla+ihri rizh+o in Cl/Ar tsa I ILC; II a u u I I I I d I I 1%) II I I- V t'l(.<. L(3) 8C, 12 Investigation of Property 17 (or Days after Acceptance REMOV AL OR WAIVER OF CONTINGENCY: Anycontingencyin L(1 )QL(7) maybe removed or waived by check'ng thie applicable box above or attaching a contingency Removal (C.A.R. Form CR-B) and checking the applicable box therein. Removal or Waiver at time of offer is against Agent advice. See paragraph 8H. [g CR-B attached Informational Access to Property 17 (or Days affer Acceptance Buyer's right to access the Properly for informational purposes is NOT a contingency, does NOT create cancellation rights, end applies even if contingencies are removed. L(4)8D, 14A Review of Seller Documents 17(or ___)DaysafterAcceptance,or5Days after Delivery, whichever is later L(5) 8E, I3A Preliminary ("Title") Report 17(or DaysafferAcceptance,or5Days affer Delivery, whichever is later L(6) 8F, 11 L Common Interest Disclosures required by Civil Code el4525 or this Agreement 17(or DaysafterAcceptance,or5Days after Delivery, whichever is later L(7) 8G, 9B(6) Review of leased or liened items (Such as for solar panels or propane tanks or PACE or HERO liens) 17(or DaysafferAcceptance,or5[)ays after Delivery, whichever is later L(8) 8J Sale of Buyer's Property Sale of Buye r's property is not a contingency, UNLESS checked tiere: 0 C.A.R. Form COP attached J-=z______=.=o ' s "",,_,,,',__.....':::,'m.":"%[J7,@ffi""-"-;.'-'-,-.,,')',.-,-.',-'-';-'..::,,,-.,,_Yamm.-' .._7{.:.m M(1)Time of Possession Upon notice of recordation, OR'0 6 PM or ___ 0 AM/ € PM on date specified, as applicable, in 3M(2) or attached TOPA. M(2) 7C Seller Occupied or Vacant units COE date or, if checked below, Elffl ddaayss aaff"eerr cCoOEE (3209 oo'r fmeWoreerddaayss)' C.A.R. Form SIP attached if 29 or fewer days. C.A.R. Form RLAS attached if 30 or more days. M(3) 4A,7A Occupied units by tenants or anyone other than the Seller OTenant Occupied Property Addendum (C.A.R. Form TOPA) attached Seller shall disclose to Buyer if occupied by tenants or persons other than the Seller, and attach TOPA in a counter offer if not part of Buyer's offer. 0512 "[faaf?a!aT!AT""_m7__s8J,----.- "-'-'-L.-J mt-;7'-.1"':.1, ;. ,7:f' -. '-'-T-Jl:=...__. N(I) 14A Seller Delivery of Documents 7 (or Days affer Acceptance N(2)i 9B Sign and return Escrow Holder Provisions and Instructions 5 (or Days after Delivery N(3) 11 L(2)Time to pay fees for ordering HOA Documents 3 (or Days afferAcceptance N(4) 10B(1)Install smoke alarm(s), CO detector(s), water heater bracing 7 (or Days affer Acceptance N(5) 28 Evidence of representative authority 3 Days after Acceptance CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 2 0F 16) Produced with Lone Wolf Transaciions (zipForm Edition) 717 N Hamood St, Suite 2200, Dallas, TX 75201 10301 Bynie Ave 464 CC 06-04-2024 464 of 530 DocuSign Envelope ID: E555DO9C-74DA-416E-985D-F746AFD34E7B rl(Jpl:.H/ tluultjbb. ItlJtll D7T11U HVu, I.iupUl(llffJ, L.l'l JgUl4 Date: May 29, 2024 -Q7i l'fl,,'a""".a " " ' " ' - ---- - ' - --- - - -- -- am-6ie--&--fiR!,, ,!,,TM,r%n. .. la , , iba.m , 'h,.=7i,1,: !nzE._a'It!lWzi ' = - . _ . ,.,._ _, ,,, , . . ----.ximtw, P(1) g Items Included - All items specified in Paragraph 9B are included and the following, if checked: 7Stove(s), oven(s), stove/oven OVideo doorbell(s): 0Above-ground pool(s)/@spa(s); combo(s): IJ Security camera equipment: l2_j Bathroom mirrors, unless Refrigerator(s): U Security system(s)/alarm(s), other than excluded below; Wine Refrigerator(s); separate video doorbell and camera [] Electric car charging systems Washer(s); equipment; andstations; oDghevjra:her(s); EIWsmalal"mhooumnteedcobnra'rcokledtesvfocrevsjdeooraudio €Pol'ed'ees/shrubs; Microwave(s) equipment; Additionalltemslncluded: % , % n .n . n P(2)Excluded Items: n ;n ; n a'l t':J 5'-I 3 (]NmL4 IA2 Mt ][;("50: 8 7-, --"' _ . " : " 7 " .-'-7..,. -'--'--''- -'-' -'--- " " ' . " ' ' -'- I1. . , ., - . ' , , - ' . I . ,, ' - _ i ,, ! 464. =# +---+$---d is +O_-)-a.+ -m Thm$#ia!. - l- .. - . ' } . '€ . - ' - _ _. - am }XI!iEH( ThNWl llu'(j! 'ii@qrQ ffi )m"aar" :a#" " imiwi-_._x-am ""-7im:pyso,a,ptiy=7-'- Th;Jl_..ir_::'_ -' ltlillL!ffla ]El'0't4 !.i i .) Q IS [ t.'!(i,' I rg unl;M ffiCH am !€ s };'c 3Q,m oQ gre t.ti d!l) .a.it-"tfL. :" JMUWIW'=: """-':J_._.__' ...__.'_'_. ____"____'L_._:.:._-____I Q(1) 10A. 11A Natural Hazard Zone Disclosure 0 Buyer" [ Seller @ Both J5aEnvironmental Report, including tax information i i Other iProvided by: JCP-LGS Disck>sures Q(2)' 10A Not Applicable ' % Buyer @ Seller 0 Both Provided by: Q(3)Report @ Buyer 0 Seller @ Both Q(4) iOB(1)Smoke alarms, CO detectors, water [lBuyer [ Seller 0 Both heater bracing Q(5) 10A Government Required Point of Sale [] Buyer @ Seller 0 Both 10B(2)inspections, reports Q(6)10B(2)Government Required Point of Sale OBuyer 0 Seller @ Both corrective/remedial actions Q(7) 19B Escrow Fee @Buyer [7 Seller @ Both 11 Each to pay their own fees Escrow Holder: Q(8) 13 Owner's title insurance policy OBuyer [7 Seller 0 Both Title Co. (If different from Escrow Holder): Q(9)Buyer's Lender title insurance policy Buyer unless Otherwise Agreed, Buyer shall purchase any title insurance policy insuring Buyer's lender. Q(10)County transfer tax, fees 0 Buyer 7 Seller @ Both Q(11)City transfer tax, fees @ Buyer € Seller 0 Both Q(12) 11 L(2)HOA fee for preparing disclosures Seller Q(13)HOA certification fee Buyer Q(14)HOA transfer fees 0 Buyer % Seller @ Both unless Otherwise Agreed, Seller shall pay for separate HOA move- out fee and Buyer shall pay for separate move-in fee. Applies if separately billed or itemized with cost in transfer fee. Q(15)Private transfer fees Seller, or if checked, @ Buyer [] Both Q(16)fees or costs @Buyer € Seller @ Both Q(17)____ fees or costs 0 Buyer % Seller @ Both Q(18) 1 QC Home warranty plan chosen by Buyer.[7 Buyer 0 Seller 0 Both Buyer's Aqent If Seller or Both checked, Seller's Coverage includes, but is not limited to:cost not to exceed $ . Iranorl hir I u -I IJ l- IJ IJ7. 1:5 = - - - - - - - i- - --I- * # + 0 4% %% # aak a # I-- -g LJ Du7til Wi:llVEli I Kll I I(j Wdl I di I k'l plell I R OTHER TER(118: 60 days COE orsooner. RPA REVISED 12/22 (PAGE 3 0F 16)Buyer's Initials [ffl" [Io"Seller's Initials CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 3 0F 16) Produced WilH Lane WolfT+ansactions (ZipFOrTn Edition) h7 N HalWOOd SJ. SlliJe 2200, DallaS, TX 75201 10301 ByrneAve 465 CC 06-04-2024 465 of 530 Date: May 29, 2024 DocuSign Envelope ID: E555DO9C-74DA-416E-985D-F746AFD34E7B 4. PROPERTY ADDENDA AND ADVISORIES: (check all that apply) A. PROPERTY TYPE ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below: Tenant Occupied Property Addendum (C.A.R. Form TOPA) (Should be checked whether current tenants will remain or not. Probate Agreement Purchase Addendum (C.A.R. Form PA-PA) OManufactured Home Purchase Addendum (C.A.R. Form MH-PA) OTenancy in Common Purchase Addendum (C.A.R. Form TIC-PA) OStock Cooperative Purchase Addendum (C.A.R. Form COOP-PA) Mixed Use Purchase Addendum (C.A.R. Form MU-PA) g Other B. OTHER ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below: Addendum # (C.A.R. Form ADM) g Short Sale Addendum (C.A.R. Form SSA) OBack Up Offer Addendum (C.A.R. Form BUO) @ Court Confirmation Addendum (C.A.R. Form CCA) gSeptic, Well, Property Monument and Propane Addendum (C.A.R. Form SWPI) OBuyer Intent to Exchange Addendum (C.A.R. Form BXA) @ Seller Intent to Exchange Addendum (C.A.R. Form SXA) gather %Other C. BUYER AND SELLER ADVISORIES: (Note: All Advisories below are provided for reference purposes only and are not intended to be incorporated into this Agreement. Buyer's Investigation Advisory (C.A.R. Form BIA) l Fair Housing and Discrimination Advisory (C.A.R. Form FHDA) IWire Fraud Advisory (C.A.R. Form WFA) q Cal. Consumer Privacy Act Advisory (C.A.R. Form CCPA) (Parties may also receive a privacy disclosure from their own Agent. OWildfire DisasterAdvisory (C.A.R. Form WFDA) 0 Statewide Buyer and SellerAdvisory (C.A.R. Form SBSA) Trust Advisory (C.A.R. Form TA) 0 Short Sale Information and Advisory (C.A.R. Form SSIA) REO Advisory (C.A.R. Form REO) g Prdbate Advisory (C.A.R. Form PA) 5. ADDITIONAL TERMS AFFECTING PURCHASE PRICE: Buyer represents that funds will be good when deposited with Escrow Holder, A. DEPOSIT: (1 ) INITIAL DEPOSIT: Buyer shall deliver deposit directly to Escrow Holder. If a method other than wire transfer is specified in paragraph 3D(1) and such method is unacceptable to Escrow Holder, then upon notice from Escrow Holder, delivery shall be by wire transfer. (2) INCREASED DEPOSIT: Increased deposit specified in paragraph 3D(2) is to be delivered to Escrow Holder in the same manner as the Initial Deposit. If the Parties agree to liquidated damages in this Agreement, they also agree to incorporate the increased deposit into the liquidated damages amount by signing a new liquidated damages clause (C.A.R. Form DID) at the time the increased deposit is delivered to Escrow Holder. (3) RETENTION OF DEPOSIT: Paragraph 29, if initialed by all Parties or otherwise incorporated into this Agreement, specifies a remedy for Buyer's default. Buyer and Seller are advised to consult with a qualified California real estate attorney: (i) Before adding any other clause specifying a remedy (such as release or forfeiture of deposit or making a deposit non-refundable) for failure of Buyer to complete the purchase. Any such clause shall be deemed invalid unless the clause independently satisfies the statutory liquidated damages requirements set forth in the Civil Code; and (ii) Regarding possible liability and remedies if Buyer fails to deliver the deposit. B. ALL CASH OFFER: If an all cash offer is specified in paragraph 3A, no loan is needed to purchase the Property. This Agreement is NOT contingent on Buyer obtaining a loan. Buyer shall, within the time specified in paragraph 3H(1), Deliver written verification of funds sufficient for the purchase price and closing costs. C. LOAN(S) (1) FIRST LOAN: This loan will provide for conventional financing UNLESS FHA, VA, Seller Financing (C.A.R. Form SFA), or Other is checked in paragraph 3E(1 (2) ADDITIONAL FINANCED AMOUNT: If an additional financed amount is specified in paragraph 3E(2), that amount will provide for conventional financing UNLESS Seller Financing (C.A.R. Form SFA), or Other is checked in paragraph 3E(2) (3) BUYER'S LOAN STATUS: Buyer authorizes Seller and Seller's Authorized Agent to contact Buyer's lender(s) to determine the status of any Buyer's loan specified in paragraph 3E, or any alternate loan Buyer pursues, whether or not a contingency of this Agreement. If the contact information for Buyer's lender(s) is different from that provided under the terms of paragraph 6B, Buyer shall Deliver the updated contact information within 1 Day of Seller's request. (4)FHANA:lfFHAorVAiascheckedainparagraph3E(1)iaFHAamendatorclause(C.A.R.FormFVAC)shallbe incorporated and Signed by all Parties. Buyer shall, within the time specified in paragraph 3E(1), Deliver to Seller written notice (C.A.R. Form RR or AEA) (i) of any lender requirements that Buyer requests Seller to pay for or otherwise correct or (ii) that there are no lender requirements. Notwithstanding Seller's agreement that Buyer may obtain FHA or VA financing, Seller has no obligation to pay or satisfy any or all lender requirements unless agreed in writing. D. BALANCE OF PURCHASE PRICE (DOWN PAYMENT, paragraph 3F) (including all-cash funds) to be deposited with Escrow Holder pursuant to Escrow Holder instructions. E. LIMITS ON CREDITS TO BUYER: Any credit to Buyer as specified in paragraph 3G(1) or Otherwise Agreed, from any source, for closing or other costs that is agreed to by the Parkies ("Contractual Credit") shall be disclosed to Buyer's lender, if any, and made at Close Of Escrow. If the total credit allowed by Buyer's lender ("Lender Allowable Credit") is less than the Contractual Credit, then (i) the Contractual Credit from Seller shall be reduced to the Lender Allowable Credit. and (ii) in the absence of a separate written agreement between the Parties, there shall be no automatic adjustment to the purchase price to make up for the difference between the Contractual Credit and the Lender Allowable Credit. 6. ADDITIONAL FINANCING TERMS A. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Written verification of Buyer's down payment and closing costs within the time specified in paragraph 3H(2) may be made by Buyer or Buyer's lender or loan broker pursuant to paragraph 6B. B. VERIFICATION OF LOAN APPLICATIONS: Buyer shall Deliver to Seller, within the time specified in paragraph 3H(3) a letter from Buyer's lender or loan broker stating that, based on a review of Buyer's written application and credit report, Buyer is prequalified or preapproved for any NEW loan specified in paragraph 3E. If any loan specified in paragraph 3E is an adjustable rate loan, the prequalification or preapproval letter shall be based on the qualifying rate, not the initial loan rate. CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 4 0F 16) Produced wiih Lone Wolf Ttansaciions (zipForm Edition) 717 N Harhood St. Suite 2200, Dallas. TX 75201 10301 Byrne Ave 466 CC 06-04-2024 466 of 530 DocuSign Envelope ID: E555DO9C-74DA-416E-985D-F746AFD34E7B limited to, as applicable, all cash, amount of down payment, or contingent or non-contingent loan). Seller has agreed to a specific closing date, purchase price, and to sell to Buyer in reliance on Buyer's specified financing. Buyer shall pursue the financing specified in this Agreement, even if Buyer also elects to pursue an alternative form of financing. Seller has no obligation to cooperate with Buyer's efforts to obtain any financing other than that specified in this Agreement but shall not interfere with closing at the purchase price on the COE date (paragraph 3B) even if based upon alternate financing. Buyer's inability to obtain alternate financing does not excuse Buyer from the obligation to purchase the Propeity and close escrow as specified in this Agreement. 7. CLOSING AND POSSESSION A. OCCUPANCY: If Buyer intends to occupy as a primaiy or secondary residence (see paragraph 3E(3)), and unless Otherwise Agreed, such as in C.A.R. Form TOPA: (i) the unit Buyer intends to occupy shall be vacant at the time possession is delivered to Buyer, and (ii) if the Properky contains more than one unit, within 3 Days after Acceptance Buyer shall give Seller written notice of which unit Buyer intends to occupy. Occupancy may impact available financing. Seller shall disclose to Buyer if occupied by tenants or persons other than Seller, and attach C.A.R. Form TOPA in a counter offer if not part of Buyer's offer. B. CONDITION OF PROPERTY ON CLOSING (1 ) Unless Otherwise Agreed: (i) the Property shall be delivered "As-Is" in its PRESENT physical condition as of the date of Acceptance (ii) the Property, including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (iii) all debris and personal property not included in the sale shall be removed by Close Of Escrow or at the time possession is delivered to Buyer, if not on the same date. If items are not removed when possession is delivered to Buyer, all items shall be deemed abandoned. Buyer, afker first Delivering to Seller written notice to remove the items within 3 Days, may pay to have such items removed or disposed of and may bring legal action as per this Agreement, to receive reasonable costs from Seller. (2) Buyer is strongly advised to conduct investigations of the entire Propeity in order to determine its present condition. Seller and Agents may not be aware of all defects affecting the Propeity or other factors that Buyer considers important. Property improvements may not be built according to code, in compliance with current Law, or have had all required permits issued and/or finalized. C. SELLER REMAINING IN POSSESSION AFTER CLOSE OF ESCROW: If Seller has the right to remain in possession after Close Of Escrow pursuant to paragraph 3M(2) or as Otherwise Agreed: The Parties are advised to (i) consult with their insurance and legal advisors for information about liability and damage or injury to persons and personal and real property and (ii) consult with a qualified California real estate attorney where the Property is located to determine the ongoing rights and responsibilities of both Buyer and Seller with regard to each other, including possible tenant rights, and what type of written agreement to use to document the relationship between the Parties. Buyer is advised to consult with Buyer's tender about the impact of Seller's occupancy on Buyer's loan. D. At Close Of Escrow: (i) Seller assigns to Buyer any assignable warranty rights for items included in the sale; and (ii) Seller shall Deliver to Buyer available Copies of any such warranties. Agents cannot and will not detemiine the assignability of any warranties. E. Seller shall, on Close Of Escrow unless Otherwise Agreed and even if Seller remains in possession, provide keys, passwords codes and/or means to operate all locks, mailboxes, security systems, alarms, home automation systems, intranet and Internet-connected devices included in the purchase price, garage door openers, and all items included in either paragraph 3P or paragraph 9. If the Property is a condominium or located in a common interest development, Seller shall be responsible for securing or providing any such items for Association amenities, facilities, and access. Buyer may be required to pay a deposit to the Homeowners' Association ("HOA") to obtain keys to accessible HOA facilities. 8. CONTINGENCIESANDREMOVALOFCONTINGENCIES A. LOAN(S) (1) This Agreement is, unless otherwise specified in paragraph 3L(1) or an attached CR-B form, contingent upon Buyer obtaining the loan(s) specified. If contingent, Buyer shall act diligently and in good faith to obtain the designated loan(s). If there is no appraisal contingency or the appraisal contingency has been waived or removed, then failure of the Property to appraise at the purchase price does not entitle Buyer to exercise the cancellation right pursuant to the loan contingency if Buyer is otherwise qualified for the specified loan and Buyer is able to satisfy lender's non-appraisal conditions for closing the loan. (2) Buyer is advised to investigate the insurability of the Properky as early as possible, as this may be a requirement for lending. Buyer's ability to obtain insurance for the Property, including fire insurance, is part of Buyer's Investigation of Property contingency. Failure of Buyer to obtain insurance may justify cancellation based on the Investigation contingency but not the loan contingency. (3) Buyer's contractual obligations regarding deposit, balance of down payment and closing costs are not contingencies of this Agreement, unless Otherwise Agreed. (4) lfthereisanappraisalcontingency,removaloftheloancontingencyshallnotbedeemedremovaloftheappraisalcontingency. (5) NO LOAN CONTINGENCY: If "No loan contingency" is checked in paragraph 3L(1), obtaining any loan specified is NOT a contingency of this Agreement. If Buyer does not obtain the loan specified, and as a result is unable to purchase the Property, Seller may be entitled to Buyer's deposit or other legal remedies. B. APPRAISAL: (1) This Agreement is, unless otherwise specified in paragraph 3L(2) or an attached CR-B form, contingent upon a written appraisal of the Property by a licensed or certified appraiser at no less than the amount specified in paragraph 3L(2), without requiring repairs or improvements to the Property. Appraisals are ofken a reliable source to verify square footage of the subject Property. However, the ability to cancel based on the measurements provided in an appraisal falls within the Investigation of Property contingency. The appraisal contingency is solely limited to the value determined by the appraisal. For any cancellation based upon this appraisal contingency, Buyer shall Deliver a Copy of the written appraisal to Seller, upon request by Seller. (2) NO APPRAISAL CONTINGENCY: If "No appraisal contingency" is checked in paragraph 3L(2), then Buyer may not use the loan contingency specified in paragraph 3L(1) to cancel this Agreement if the sole reason for not obtaining the loan is that the appraisal relied upon by Buyer's lender values the properky at an amount less than that specified in paragraph 3L(2). If Buyer is unable to obtain the loan specified solely for this reason, Seller may be entitled to Buyer's deposit or other legal remedies. (3) L2( Fair Appraisal Act: The Pafies acknowledge receipt of the attached Fair Appraisal Act Addendum (C.A.R. Form FAAA) C. INVESTIGATION OF PROPERTY: This Agreement is, as specified in paragraph 3L(3), contingent upon Buyer's acceptance of the condition of, and any other matter affecting, the Property. See paragraph 12. D. REVIEW OF SELLER DOCUMENTS: This Agreement is, as specified in paragraph 3L(4), contingent upon Buyer's review and approval of Seller's documents required in paragraph 14A. CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROWINSTRUCTIONS (RPA PAGE 5 0F 16) Produced with Lone Wolf Transactions (zipFomr Edition) 717 N Hanhood St. Suite 2200. Dallas. TX 75201 10301 Byrne Ave 467 CC 06-04-2024 467 of 530 DocuSign Envelope ID: E555DO9C-74DA-416E-985D-F746AFD34E7B rropeny qaaress: 7UJU7 byrne hve, t.,upertlnO, t;t-i sbuiq E. TITLE: Date: May 29, 2024 (1 ) This Agreement is, as specified in paragraph 3L(5), contingent upon Buyer's ability to obtain the title policy provided for in paragraph 13G and on Buyer's review of a current Preliminary Report and items that are disclosed or observable even if not on record or not specified in the Preliminary Report, and satisfying Buyer regarding the current status of title. Buyer is advised to review all underlying documents and other matters affecting title, including, but not limited to, any documents or deeds referenced in the Preliminary Report and any plotted easements. (2) Buyer has 5 Days after receipt to review a revised Preliminary Report, if any, furnished by the Title Company and cancel the transaction if the revised Preliminary Report reveals material or substantial deviations from a previously provided Preliminary Report. F. CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES (IF APPLICABLE): This Agreement is, as specified in paragraph 3L(6), contingent upon Buyer's review and approval of Common Interest Disclosures required by Civil Code § 4525 and under paragraph 'I 1 L ("Cl Disclosures"). G. BUYER REVIEW OF LEASED OR LIENED ITEMS CONTINGENCY: Buyer's review of and ability and willingness to assume any lease, maintenance agreement or other ongoing financial obligation, or to accept the Property subject to any lien, disclosed pursuant to paragraph 9B(6), is, as specified in paragraph 3L(7), a contingency of this Agreement. Any assumption of the lease shall not require any financial obligation or contribution by Seller. Seller, after first Delivering a Notice to Buyer to Perform, may cancel this Agreement if Buyer, by the time specified in paragraph 3L(7), refuses to enter into any necessary written agreements to accept responsibility for all obligations of Seller-disclosed leased or liened items. H. REMOVAL OR WAIVER OF CONTINGENCIES WITH OFFER: Buyer shall have no obligation to remove a contractual contingency unless Seller has provided all required documents, reports, disclosures, and information pertaining to that contingency. If Buyer does remove a contingency without first receiving all required information from Seller, Buyer is relinquishing any contractual rights that apply to that contingency. If Buyer removes or waives any contingencies without an adequate understanding of the Property's condition or Buyer's ability to purchase, Buyer is acting against the advice of Agent. 1. REMOVALOFCONTINGENCYORCANCELLATION: (1) For any contingency specified in paragraph 3L, 8, or elsewhere, Buyer shall, within the applicable period specified, remove the contingency or cancel this Agreement. (2) For the contingencies for review of Seller Documents, Preliminary Report, and Condominium/Planned Development Disclosures, Buyer shall, within the time specified in paragraph 3L or 5 Days after Delivery of Seller Documents or Cl Disclosures, whichever occurs later, remove the applicable contingency in writing or cancel this Agreement. (3) If Buyer does not remove a contingency within the time specified, Seller, afker first giving Buyer a Notice to Buyer to Perform (C.A.R. Form NBP), shall have the right to cancel this Agreement. J. SALE OF BUYER'S PROPERTY: This Agreement and Buyer's ability to obtain financing are NOT contingent upon the sale of any properky owned by Buyer unless the Sale of Buyer's Property (C.A.R. Form COP) is checked as a contingency of this Agreement in paragraph 3L(8). 9. ITEMS INCLUDED IN AND EXCLUDED FROM SALE: A. NOTE TO BUYER AND SELLER: Items listed as included or excluded in the Multiple Listing Service (MLS), flyers, marketing materials, or disclosures are NOT included in the purchase price or excluded from the sale unless specified in this paragraph or paragraph 3P or as Otherwise Agreed. Any items included herein are components of the home and are not intended to affect the price. All items are transferred without Seller warranty. B. ITEMS INCLUDED IN SALE: (1 ) All EXISTING fixtures and fittings that are attached to the Property: (2) EXISTING electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace inserts, gas logs and grates, solar power systems, built-in appliancesaand appliances for which special openings or encasements have been made (whether or not checked in paragraph 3P), window and door screens, awnings, shutters, window coverings (which includes blinds, curtains, drapery, shutters or any other materials that cover any portion of the window) and any associated hardware and rods, attached floor coverings, television antennas, satellite dishes, air coolers/conditioners, pool/spa equipment (including, but not limited to, any cleaning equipment such as motorized/automatic pool cleaners, pool heaters, pool nets, pool covers), garage door openers/remote controls, mailbox, in-ground landscaping, water features and fountains, water sofkeners, water purifiers, light bulbs (including smark bulbs) and all items specified as induded in paragraph 3P, if currently existing at the time of Acceptance. Note: If Seller does not intend to include any item specified as being included above because it is not owned by Seller, whether placed on the Property by Agent, stager or other third party, the item should be listed as being excluded in paragraph 3P or excluded by Seller in a counter offer. (3) Security System includes any devices, hardware, sofkware, or control units used to monitor and secure the Property, including but not limited to, any motion detectors, door or window alarms, and any other equipment utilized for such purpose. If checked in paragraph 3P, all such items are included in the sale, whether hard wired or not. (4) Home Automation (Smart Home Features) includes any electronic devices and features including, but not limited to, thermostat controls, kitchen appliances not otherwise excluded, and lighting systems, that are connected (hard wired or wirelessly) to a control unit, computer, tablet, phone, or other "smart" device. Any Smart Home devices and features that are physically affixed to the real property, and also existing light bulbs, are included in the sale. Buyer is advised to use paragraph 3P(1) or an addendum to address more directly specific items to be included. Seller is advised to use a counter offer to address more directly any items to be excluded. (5) Non-Dedicated Devices: If checked in paragraph 3P, all smart home and security system control devices are included in the sale, except for any non-dedicated personal computer, tablet, or phone used to control such features. Buyer acknowledges that a separate device and access to wifi or Internet may be required to operate some smart home features and Buyer may have to obtain such device afker Close Of Escrow. Seller shall de-list any devices from any personal accounts and shall cooperate with any transfer of services to Buyer. Buyer is advised to change all passwords and ensure the security of any smart home features. (6) LEASED OR LIENED ITEMS AND SYSTEMS: Seller, within the time specified in paragraph 3N(1), shall (i) disclose to Buyer if any item or system specified in paragraph 3P or 9B or otherwise included in the sale is leased, or not owned by Seller, or is subject to any maintenance or other ongoing financial obligation, or specifically subject to a lien or other encumbrance or loan, and (ii) Deliver to Buyer all written materials (such as lease, warranty, financing, etc.) concerning any such item. t- CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 6 0F 16) Produced wifh Lone Woll Transactions (zipFomr Edition) 717 N Harwood St. Suite 2200, Dallas, TX 75201 10301 Bynie Ave 468 CC 06-04-2024 468 of 530 DocuSign Envelope ID: E555DO9C-74DA-416E-985D-F746AFD34E7B (7) Seller represents that all items included in the purchase price, unless Otherwise Agreed,D(ia)1ea:eMoaSn2e'J b2yo2S4eller and shall rropeny saaress. ?UJU7 byrne pve, UupertlnO, tap saU74 be transferred free and clear of liens and encumbrances, except the items and systems identified pursuant to paragraph 9B(6), and (ii) are transferred without Seller warranty regardless of value. Seller shall cooperate with the identification of any sofkware or applications and Buyer's efforts to transfer any services needed to operate any Smart Home Features or other items included in this Agreement, including, but not limited to, utilities or security systems. C. ITEMS EXCLUDED FROM SALE: Unless Otherwise Agreed, the following items are excluded from sale: (i) All items specified n paragraph 3P(2); (ii) audio and video components (such as flat screen TVs, speakers and other items) if any such item is not itself attached to the Property, even if a bracket or other mechanism attached to the component or item is attached to the Property; (iii) furniture and other items secured to the Property for earthquake or safety purposes. Unless otherwise specified in paragraph 3P(1), brackets attached to walls, floors or ceilings for any such component, furniture or item will be removed and holes or other damage shall be repaired, but not painted. 10. ALLOCATION OF COSTS A. INSPECTIONS, REPORTS, TESTS AND CERTIFICATES: Paragraphs 3Q(1), (2), (3), and (5) only determines who is to pay for the inspection, report, test, certificate or service mentioned; it does not determine who is to pay for any work recommended or identified in any such document. Agreements for payment of required work should be specified elsewhere in paragraph 3Q, or 3R, or in a separate agreement (such as C.A.R. Forms RR, RRRR, ADM or AEA). Any reportsin these paragraphs shall be Delivered in the time specified in paragraph 3N(1 B. GOVERNMENT REQUIREMENTS AND CORRECTIVE OR REMEDIAL ACTIONS: (1 ) LEGALLY REQUIRED INSTALLATIONS AND PROPERTY IMPROVEMENTS: Any required installation of smoke alarm or carbon monoxide device(s) or securing of water heater shall be completed within the time specified in paragraph 3N(4) and paid by the Party specified in paragraph 3Q(4). If Buyer is to pay for these items, Buyer, as instructed by Escrow Holder, shall deposit funds into escrow or directly to the vendor completing the repair or installation. Prior to Close Of Escrow, Seller shall Deliver to Buyer written statement(s) of compliance in accordance with any Law, unless Seller is exempt. If Seller is to pay for these items and does not fulfill Seller's obligation in the time specified, and Buyer incurs costs to comply with lender requirements concerning those items, Seller shall be responsible for Buyer's costs. (2) POINT OF SALE REQUIREMENTS: (A) Point of sale inspections, reports and repairs refer to any such actions required to be completed before or after Close Of Escrow that are required in order to close under any Law and paid by Party specified in paragraphs 3Q(5) and 3Q(6). Unless Parties Otherwise Agree to another time period, any such repair, shall be completed prior to final verification of Property. If Buyer agrees to pay for any portion of such repair, Buyer, shall (i) directly pay to the vendor completing the repair or (ii) provide an invoice to Escrow Holder, deposit funds into escrow sufficient to pay for Buyer's portion of such repair and request Escrow Holder pay the vendor completing the repair. (B) Buyer shall be provided, within the time specified in paragraph 3N(1), unless Parties Otherwise Agree to another time period, a Copy of any required government-conducted or point-of-sale inspection repork prepared pursuant to this Agreement or in anticipation of this sale of the Property. (3) REINSPECTION FEES: If any repair in paragraph 10B(1) is not completed within the time specified and the lender requires an additional inspection to be made, Seller shall be responsible for any corresponding reinspection fee. If Buyer incurs costs to comply with lender requirements concerning those items, Seller shall be responsible for those costs. (4) INFORMATION AND ADVICE ON REQUIREMENTS: Buyer and Seller are advised to seek information from a knowledgeable source regarding local and State mandates and whether they are point of sale requirements or requirements of ownership. Agents do not have expertise in this area and cannot ascertain all of the requirements or costs of compliance. C. HOME WARRANTY: (1) Buyer shall choose the home warranty plan and any optional coverages. Buyer shall pay any cost of that plan, chosen by Buyer, that exceeds the amount allocated to Seller in paragraph 3Q(18). Buyer is informed that home warranty plans have many optional coverages, including but not limited to, coverages for Air Conditioner and Pool/Spa. Buyer is advised to investigate these coverages to determine those that may be suitable for Buyer and their cost. (2) If Buyer waives the purchase of a home warranty plan in paragraph 3Q(18), Buyer may still purchase a home warranty plan, at Buyer's expense, prior to Close Of Escrow. 11. STATUTORY AND OTHER DISCLOSURES (INCLUDING LEAD-BASED PAINT HAZARD CANCELLATION RIGHTS A. TDS,NHD,ANDOTHERSTATUTORYANDSUPPLEMENTALDISCLOSURES: (1) Seller shall, within the time specified in paragraph 3N(1), Deliver to Buyer: unless exempt, fully completed disclosures or notices required by §§ 1102 et. seq. and 1103 et. seq. ofthe Civil Code ("Statutory Disclosures"). Statutory Disclosures include, but are not limited to, a Real Estate Transfer Disclosure Statement (C.A.R. Form TDS>. Natural Hazard Disclosure Statement ("NHD"), notice or actual knowledge of release of illegal controlled substance, notice of special tax and/or assessments (or, if allowed, substantially equivalent notice regarding the Mello-Roos Community Facilities Act of 1982 and Improvement Bond Act of 1915) and, if Seller has actual knowledge, of industrial use and military ordnance location (C.A.R. Form SPQ or ESD), and, if the Property is in a high or very high fire hazard severity area, the information notices, documentation, and agreements required by §§ 1l 02.6(f) and 1102.19 of the Civil Code (C.A. R. Form FHDS) (2) The Real Estate Transfer Disclosure Statement required by this paragraph is considered fully completed if Seller has completed the section titled Coordination with Other Disclosure Forms by checking a box (Section I), and Seller has completed and answered all questions and Signed the Seller's Information section (Section 11) and the Seller's Agent, if any, has completed and Signed the Seller's Agenfs section (Section Ill), or, if applicable, an Agent Visual Inspection Disclosure (C.A.R. Form AVID). Section V acknowledgment of receipt of a Copy of the TDS shall be Signed afker all previous sections, if applicable have been completed. Nothing stated herein relieves a Buyer's Agent, if any, from the obligation to (i) conduct a reasonably competent and diligent visual inspection of the accessible areas of the Property and disclose, on Section IV of the TDS, or an AVID, material facts affecting the value or desirability of the Property that were or should have been revealed by such an inspection or (ii) complete any sections on all disclosures required to be completed by Buyer's Agent. (3) Seller shall, within the time specified in paragraph 3N(1), provide "Supplemental Disclosures" as follows: (i) unless exempt from the obligation to provide a TDS, complete a Seller Property Questionnaire (C.A.R. Form SPQ) by answering all questions and Signing and Delivering a Copy to Buyer (ii) if exempt from the obligation to provide a TDS, complete an Exempt Seller Disclosure (C.A.R. Form ESD) by answering all questions and Signing and Delivering a Copy to Buyer. CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 7 0F 16) PTOdllCed With Lane WOIT Transactions (ZipFOtTn Edition) 717 N HaTWOOd SJ, Sllite 2200, DallaS, TX 75201 10301 Byrne Ave DISCLOSURES) AND 469 CC 06-04-2024 469 of 530 DocuSign Envelope ID: E555DO9C-74DA-416E-985D-F746AFD34E7B rropeny paaress: 7UJU7 byrne pve, t,;upenino, L;/4 sbu'io Date: May 29, 2024 (4) In the event Seller or Seller's Agent, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, information or representations previously provided to Buyer under this paragraph, Seller shall, in writing, promptly provide a subsequent or amended TDS, Seller Property Questionnaire or other document, in writing, covering those items. Any such document shall be deemed an amendment to the TDS or SPQ. However, a subsequent or amended disclosure shall not be required for conditions and material inaccuracies of which Buyer is otherwise aware, or which are discovered by Buyer or disclosed in reports or documents provided to or ordered and paid for by Buyer. B. LEAD DISCLOSURES: (1) Seller shall, within the time specified in paragraph 3N(1), for any residential property built before January 1, 1978, unless exempted by Law, Deliver to Buyer a fully completed Federal Lead-Based Paint Disclosures (C.A.R. Form LPD) and pamphlet ("Lead Disclosures"). (2) Buyer shall, within the time specified in paragraph 3L(3), have the opportunity to conduct a risk assessment or to inspect for the presence of lead-based paint hazards. C. HOME FIRE HARDENING DISCLOSURE AND ADVISORY: For any transaction where a TDS is required, the property is located in a high or very high fire hazard severity zone, and the home was constructed before January 1, 2010, Seller shall, within the time specified in paragraph 3N(1), Deliver to Buyer: (i) a home hardening disclosure required by law and (ii) a statement of features of which the Seller is aware that may make the home vulnerable to wildfire and flying embers; and (iii) a final inspection report regarding compliance with defensible space requirements if one was prepared pursuant to Government Code § 51182 (C.A.R. Form FHDS). D. DEFENSIBLE SPACE DISCLOSURE AND ADDENDUM: For any transaction in which a TDS is required and the property is located in a high or very high fire hazard severity zone, Seller shall, within the time specified in paragraph 3N(1), Deliver to Buyer (i) a disclosure of whether the Property is in compliance with any applicable defensible space laws designed to protect a structure on the Property from fire; and (ii) an addendum allocating responsibility for compliance with any such defensible space law (C.A.R. Form FHDS). E. WAIVER PROHIBITED: Waiver of Statutory, Lead, and other Disclosures in paragraphs 11A(1), 11B, 11C, and 11D are prohibited by Law. F. RETURN OF SIGNED COPIES: Buyer shall, within the time specified in paragraph 3L(4) OR 5 Days afker Delivery of any disclosures specified in paragraphs 1l A, B, C or D, and defensible space addendum in paragraph 11D, whichever is later, return Signed Copies of the disclosures, and if applicable, addendum, to Seller. G. TERMINATION RIGHTS: (1) Statutory and Other Disclosures: If any disclosure specified in paragraphs 11A, B, C, or D, or subsequent or amended disclosure to those just specified, is Delivered to Buyer after the offer is Signed, Buyer shall have the right to terminate this Agreement within 3 Days after Delivery in person, or 5 Days afker Delivery by deposit in the mail, or by an electronic record or email satisfying the Uniform Electronic Transactions Act (UETA), by giving written notice of rescission to Seller or Seller's Authorized Agent. If Buyer does not rescind within this time period, Buyer has been deemed to have approved the disclosure and shall not have the right to cancel. (2) Defensible Space Compliance: If, by the time specified in paragraph 11F, Buyer does not agree to the terms regarding defensible space compliance Delivered by Seller, as indicated by mutual signatures on the FHDS, then Seller, after first Delivering a Notice to Buyer to Perform, may cancel this Agreement. H. WITHHOLDING TAXES: Buyer and Seller hereby instruct Escrow Holder to withhold the applicable required amounts to comply with federal and California withholding Laws and forward such amounts to the Internal Revenue Service and Franchise Tax Board, respectively. However, no federal withholding is required if, prior to Close Of Escrow, Seller Delivers (i) to Buyer and Escrow Holder a fully completed affidavit (C.A.R. Form AS) sufficient to avoid withholding pursuant to federal withholding Law (FIRPTA); OR (ii) to a qualified substitute (usually a title company or an independent escrow company) a fully completed affidavit (C.A.R. Form AS) sufficient to avoid withholding pursuant to federal withholding Law AND the qualified substitute Delivers to Buyer and Escrow Holder an affidavit signed under penalty of perjury (C.A.R. Form QS) that the qualified substitute has received the fully completed Seller's affidavit and the Seller states that no federal withholding is required; OR (iii) to Buyer other documentation satisfying the requirements under Internal Revenue Code § 1445 (FIRPTA). No withholding is required under California Law if, prior to Close Of Escrow, Escrow Holder has received sufficient documentation from Seller that no withholding is required, and Buyer has been informed by Escrow Holder. I. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to § 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Agent are required to check this website. If Buyer wants further information, Agent recommends that Buyer obtain information from this website during Buyer's investigation contingency period. Agents do not have expertise in this area.) J. NOTICE REGARDING GAS AND HAZARDOUS LIQUID TRANSMISSION PIPELINES: This notice is being provided simply to inform you that information about the general location of gas and hazardous liquid transmission pipelines is available to the public via the National Pipeline Mapping System (NPMS) Internet Web site maintained by the United States Department of Transportation at http://www.npms.phmsa.dot.gov/. To seek further information about possible transmission pipelines near the Property, you may contact your local gas utility or other pipeline operators in the area. Contact information for pipeline operators is searchable by ZIP Code and county on the NPMS Internet Website. (Neither Seller nor Agent are required to check this website. If Buyer wants further information, Agent recommends that Buyer obtain information from this website during Buyer's investigation contingency period. Agents do not have expertise in this area.) K. NATURAL AND ENVIRONMENTAL HAZARDS: Seller shall, within the time specified in paragraph 3N(1 ), if required by Law: (i) Deliver to Buyer the earthquake guide and environmental hazards booklet, and for all residential property with 1-4 units and any manufactured or mobile home built before January 1, 1960, fully complete and Deliver the Residential Earkhquake Risk Disclosure Statement and (ii) even if exempt from the obligation to provide a NHD, disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (Inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area; Earthquake Fault Zone; Seismic Hazard Zone; and (iii) disclose any other zone as required by Law and provide any other information required for those zones. L. CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES: (1 ) Seller shall, within the time specified in paragraph 3N(1 ), disclose to Buyer whether the Property is a condominium or is located in a planned development, other common interest development, or otherwise subject to covenants, conditions, and restrictions (C.A.R. Form SPQ or ESD). tbRPA REVISED 12/22 (PAGE 8 0F 16) ,,,,Seller's InitialsBuyer'slnitials (oa [IIoa CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 8 0F 16) Produced with Lone WolT TtansactionS (zipFOrm Edition) 717 N Hamood St, Suite 2200, Dallas, TX 7520S . 10301 Byrne Ave 470 CC 06-04-2024 470 of 530 DocuSign Envelope ID: E555DO9C-74DA-416E-985D-F746AFD34E7B roperxy haaress: 7UJU7 byrne pve, t.;upenino, t.;p sau'io Date: May 29, 2024 (2) If the Property is a condominium or is located in a planned development or other common interest development with a HOA, Seller shall, within the time specified in paragraph 3N(3), order from, and pay any required fee as specified in paragraph 3Q(12) for the following items to the HOA (C.A.R. Form HOA-IR): (i) Copies of any documents required by Law (C.A.R. Form HOA-RS); (ii) disclosure of any pending or anticipated claim or litigation by or against the HOA: (iii) a statement containing the location and number of designated parking and storage spaces (iv) Copies of the most recent 12 months of HOA minutes for regular and special meetings (v) the names and contact information of all HOAs governing the Property (vi) pet restrictions; and (vii) smoking restrictions ("CI Disclosures"). Seller shall itemize and Deliver to Buyer all CI Disclosures received from the HOA and any CI Disclosures in Seller's possession. Seller shall, as directed by Escrow Holder, deposit funds into escrow or direct to HOA or management company to pay for any of the above. M. SOLAR POWER SYSTEMS: For properties with any solar panels or solar power systems, Seller shall, within the time specified in paragraph 3N(1), Deliver to Buyer all known information about the solar panels or solar power system. Seller may use the Solar Advisory and Questionnaire (C.A.R. Form SOLAR) N. KNOWN MATERIAL FACTS: Seller shall, within the time specified in paragraph 3N(1), DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Properky, including, but not limited to, known insurance claims within the past five years, or provide Buyer with permission to contact insurer to get such information (C.A.R. Form ARC), and make any and all other disclosures required by Law. 12. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY: A. Buyer shall, within the time specified in paragraph 3L(3), have the right, at Buyer's expense unless Otherwise Agreed, to conduct inspections, investigations, tests, surveys and other studies ("Buyerlnvestigations" B. Buyer Investigations include, but are not limited to: (1) InspectionsregardinganyphysicalattributesofthePropertyoritemsconnectedtotheProperty,suchas: (A) A general home inspection. (B) An inspection for lead-based paint and other lead-based paint hazards. (C) An inspection specifically for wood destroying pests and organisms. Any inspection for wood destroying pests and organisms shall be prepared by a registered Structural Pest Control company shall cover the main building and attached structures; may cover detached structures; shall NOT include water tests of shower pans on upper level units unless the owners of property below the shower consent; shall NOT include roof coverings; and, if the Property is a unit in a condominium or other common interest subdivision, the inspection shall include only the separate interest and any exclusive-use areas being transferred, and shall NOT include common areas; and shall include a report ("Pest Control Report") showing the findings of the company which shall be separated into sections for evident infestation or infections (Section 1 ) and for conditions likely to lead to infestation or infection (Section 2) (D) Any other specific inspections of the physical condition of the land and improvements. (2) Investigation of any other matter affecting the Property, other than those that are specified as separate contingencies. Buyer Investigations include, but are not limited to, an investigation of the availability and cost of general homeowner's insurance, flood insurance and fire insurance. See, Buyer's Investigation Advisory (C.A.R. Form BIA) for more. C. Without Seller's prior written consent, Buyer shall neither make nor cause to be made: (i) invasive or destructive Buyer Investigations, except for minimally invasive testing required to prepare a Pest Control Report, which shall not include any holes or drilling through stucco or similar material; or (ii) inspections by any governmental building or zoning inspector or government employee, unless required by Law. D. Seller shall make the Property available for all Buyer Investigations. Seller is not obligated to move any existing personal properky. Seller shall have water, gas, electricity and all operable pilot lights on for Buyer's Investigations and through the date possession is delivered to Buyer. Buyer shall, (i) by the time specified in paragraph 3L(3), complete Buyer Investigations and satisfy themselves as to the condition of the Property, and either remove the contingency or cancel this Agreement, and (ii) by the time specified in paragraph 3L(3) or 3 Days after receipt of any Investigation repork, whichever is later, give Seller at no cost, complete Copies of all such reports obtained by Buyer, which obligation shall survive the termination of this Agreement. This Delivery of Investigation reports shall not include any appraisal, except an appraisal received in connection with an FHA or VA loan. E. Buyer indemnity and Seller protection for entry upon the Property: Buyer shall: (i) keep the Property free and clear of liens; (ii) repair all damage arising from Buyer Investigations and (iii) indemnify and hold Seller harmless from all resulting liability, claims, demands, damages and costs. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, workers' compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any Buyer Investigations or work done on the Property at Buyer's direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a "Notice of Non-Responsibility" (C.A.R. Form NNR) for Buyer Investigations and work done on the Properky at Buyer's direction. Buyer's obligations under this paragraph shall survive the termination of this Agreement. 13. TITLE AND VESTING A. Buyer shall, within the time specified in paragraph 3N(1), be provided a current Preliminary Report by the person responsible for paying for the title report in paragraph 3Q(8). If Buyer is responsible for paying, Buyer shall act diligently and in good faith to obtain such Preliminary Report within the time specified. The Preliminary Report is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. The company providing the Preliminary Report shall prior to issuing a Preliminary Report, conduct a search of the General Index for all Sellers except banks or other institutional lenders selling properties they acquired through foreclosure (REOs), corporations, and governme7'it entities. B. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except for: (i) monetary liens of record unless Buyer is assuming those obligations or taking the Property subject to those. obligations; and (ii) those matters which Seller has agreed to remove in writing. For any lien or matter not being transferred upon sale, Seller will take necessary action to deliver title free and clear of such lien or matter. C. Seller shall within 7 Days afker request, give Escrow Holder necessary information to clear title. D. Seller shall, within the time specified in paragraph 3N(1), disclose to Buyer all matters known to Seller affecting title, whether of record or not. E. If Buyer is a legal entity and the Property purchase price is at least $300,000 and the purchase price is made without a bank loan or similar form of external financing, a Geographic Targeting Order (GTO) issued by the Financial Crimes Enforcement Network, u.s. Department of the Treasury, requires title companies to collect and report certain information about the Buyer depending on where the Property is located. Buyer agrees to cooperate with the title company's effort to comply with the GTO Seller's InitialsSeller's InitialsBuyer'slnitials ["" 0' CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 9 0F 16) Produced with Lone Wolf Transactions (zipForm Ediiion) 717 N Hamood St, Suite 2200, Dallas, TX 75201 10301 Byrne Ave 471 CC 06-04-2024 471 of 530 DocuSign Envelope ID: E555DO9C-74DA-416E-985D-F746AFD34E7B rropeny qaaress: 7UJU7 byrne txve, t.;upenino, (;A sbu'io Date: May 29, 2024 F. Buyer shall, after Close Of Escrow, receive a recorded grant deed or any other conveyance document required to convey title (or, for stock cooperative or long-term lease, an assignment of stock certificate or of Seller's leasehold interest), including oil, mineral and water rights if currently owned by Seller. Title shall vest as designated in Buyer's vesting instructions. The recording document shall contain Buyer's post-closing mailing address to enable Buyer's receipt of the recorded conveyance document from the County Recorder. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL. G. Buyer shall receive a "ALTA Homeowner's Policy of Title Insurance" or equivalent policy of title insurance, if applicable to the type of property and buyer. Escrow Holder shall request this policy. If a ALTA Homeowner's Policy of Title Insurance is not offered, Buyer shall receive a CLTA Standard Coverage policy unless Buyer has chosen another policy and instructed Escrow Holder in writing of the policy chosen and agreed to pay any increase in cost. Buyer should consult with the Title Company about the availability, and difference in coverage, and cost, if any, between a ALTA Homeowner's Policy and a CLTA Standard Coverage policy and other title policies and endorsements. Buyer should receive notice from the Title Company on its Preliminary (Title) Repof of the type of coverage offered. If Buyer is not notified on the Preliminary (Title) Report or is not satisfied with the policy offered, and Buyer nonetheless removes the contingency for Review of the Preliminary Report, Buyer will receive the policy as specified in this paragraph. 14. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by either Buyer or Seller mustabe exercised in good faith and in writing (C.A.R. Form CR-B or CC). A. SELLER DELIVERY OF DOCUMENTS: Seller shall, within the time specified in paragraph 3N(1 ), Deliver to Buyer all reports, disclosures and information ("Reports") for which Seller is responsible as specified in paragraphs 7A, 9B(6), 'I O, I 1 A, II B, Il C, I I D, II H, II K, 1l L, I "I M, I "I N, 13A, I3C, and 28. B. BUYERREVIEWOFDOCUMENTS;REPAIRREQUEST;CONTINGENCYREMOVALORCANCELLATION (1) Buyer has the time specified in paragraph 3 to: (i) perform Buyer Investigations; review all disclosures, Reports, lease documents to be assumed by Buyer pursuant to paragraph 9B(6), and other applicable information, which Buyer receives from Seller and approve all matters affecting the Property; and (ii) Deliver to Seller Signed Copies of Statutory and Other Disclosures Delivered by Seller in accordance with paragraph 11. (2) Buyer may, within the time specified in paragraph 3L(3), request that Seller make repairs or take any other action regarding the Property (C.A.R. Form RR). Seller has no obligation to agree to or respond to Buyer's requests (C.A.R, Form RR or RRRR). If Seller does not agree or does not respond, Buyer is not contractually entitled to have the repairs or other requests made and may only cancel based on contingencies in this Agreement. (3) Buyer shall, by the end of the times specified in paragraph 3L (or as Otherwise Agreed), Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement (C.A.R. Form CR-B or CC). However, if any report, disclosure, or information for which Seller is responsible is not Delivered within the time specified in paragraph 3N(1), then Buyer has 5 Days afker Delivery of any such items, or the times specified in paragraph 3L, whichever is later, to Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement. If Delivery of any Report occurs after a contractual contingency pertaining to that Report has already been waived or removed, the Delivery of the Report does not revive the contingency but there may be a right to terminate for a subsequent or amended disclosure under paragraph 1l G. (4) Continuation of Contingency: Even afker the end of the time specified in paragraph 3L and before Seller cancels, if at all, pursuant to paragraph 14C, Buyer retains the right, in writing, to either (i) remove remaining contingencies, or (ii) cancel this Agreement based on a remaining contingency. Once Buyer's written removal of contingency is Delivered to Seller before Seller cancels, Seller may not cancel this Agreement based on that contingency pursuant to paragraph 14C(1 ). C. SELLER RIGHT TO CANCEL: (1) SELLER RIGHT TO CANCEL; BUYER CONTINGENCIES: If, by the time specified in this Agreement, Buyer does not Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement, then Seller, after first Delivering to Buyer a Notice to Buyer to Perform (C.A.R. Form NBP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer. (2) SELLER RIGHT TO CANCEL; BUYER CONTRACT OBLIGATIONS: Seller, after first Delivering to Buyer a Notice to Buyer to Perform, may cancel this Agreement if, by the time specified in this Agreement, Buyer does not take the following adion(s): (i) Deposit funds as required by paragraph 3D(1 ) or 3D(2) or if the funds deposited pursuant to paragraph 3D(1 ) or 3D(2) are not good when deposited; (ii) Deliver updated contact information for Buyer's lender(s) as required by paragraph 5C(3): (iii) Deliver a notice of FHA or VA costs or terms, if any, as specified by paragraph 5C(4) (C.A.R. Form RR); (iv) Deliver verification, or a satisfactory verification if Seller reasonably disapproves of the verification already provided, as required by paragraph 5B or 6A; (v) Deliver a letter as required by paragraph 6B (vi) In writing assume or accept leases or liens specified in paragraph 8G: (vii) Return Statutory and Other Disclosures as required by paragraph 11F; (viii) Cooperate with the title company's effort to comply with the GTO as required by paragraph 13E; (ix) Sign or initial a separate liquidated damages form for an increased deposit as required by paragraphs 5A(2) and 29; (x) Provide evidence of authority to Sign in a representative capacity as specified in paragraph 28; or (xi) Perform any additional Buyer contractual obligation(s) included in this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer and other expenses already paid by Escrow Holder pursuant to this Agreement prior to Seller's cancellation. (3) SELLER RIGHT TO CANCEL; SELLER CONTINGENCIES: Seller may cancel this Agreement by good faith exercise of any Seller contingency included in this Agreement, or Otherwise Agreed, so long as that contingency has not already been removed or waived in writing. D. BUYER RIGHT TO CANCEL: (1) BUYER RIGHT TO CANCEL; SELLER CONTINGENCIES: If, by the time specified in this Agreement, Seller does not Deliver to Buyer a removal of the applicable contingency or cancellation of this Agreement, then Buyer, afker first Delivering to Seller a Notice to Seller to Perform (C.A.R. Form NSP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer and other expenses already paid by Escrow Holder pursuant to this Agreement prior to Buyer's cancellation. (2) BUYER RIGHT TO CANCEL; SELLER CONTRACT OBLIGATIONS: If, by the time specified, Seller has not Delivered any item specified in paragraph 3N(1) or Seller has not performed any Seller contractual obligation included in this Agreement by the time specified, Buyer, after first Delivering to Seller a Notice to Seller to Perform, may cancel this Agreement. (3) BUYER RIGHT TO CANCEL; BUYER CONTINGENCIES: Buyer may cancel this Agreement by good faith exercise of any Buyer contingency included in paragraph 8, or Otherwise Agreed, so long as that contingency has not already been removed in writing. CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 10 0F 16) Produced with Lone Wolf Ttansaciions (zipForm Edition) 717 N Hamood St, Suite 2200, Dallas, TX 75201 10301 Byrne Ave 472 CC 06-04-2024 472 of 530 DocuSign Envelope ID: E555DO9C-74DA-416E-985D-F746AFD34E7B rropeny qaaress. 7UJU7 byrne pve, t.;upenino, L;A s>u'ip Date: May 29, 2024 E. NOTICE TO BUYER OR SELLER TO PERFORM: The Notice to Buyer to Perform or Notice to Seller to Perform shall: (i) be in writing; (ii) be Signed by the applicable Buyer or Seller and (iii) give the other Paity at least 2 Days afker Delivery (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action. A Notice to Buyer to Perform or Notice to Seller to Perform may not be Delivered any earlier than 2 Days prior to the Scheduled Performance Day to remove a contingency or cancel this Agreement or meet an obligation specified in paragraph 14, whether or not the Scheduled Performance Day falls on a Saturday, Sunday or legal holiday. If a Notice to Buyer to Perform or Notice to Seller to Perform is incorrectly Delivered or specifies a time less than the agreed time, the notice shall be deemed invalid and void, and Seller or Buyer shall be required to Deliver a new Notice to Buyer to Perform or Notice to Seller to Perform with the specified timeframe. F. EFFECTOFREMOVALOFCONTINGENCIES (1) REMOVAL OF BUYER CONTINGENCIES: If Buyer removes any contingency or cancellation rights, unless Otherwise Agreed, Buyer shall conclusively be deemed to have: (i) completed all Buyer Investigations, and review of Reports and other applicable information and disclosures pertaining to that contingency or cancellation right; (ii) elected to proceed with the transaction and (iii) assumed all liability, responsibility and expense for the non-delivery of any Reports, disclosures or information outside of Seller's control and for any Repairs or corrections pertaining to that contingency or cancellation right, or for the inability to obtain financing. (2) REMOVAL OF SELLER CONTINGENCIES: If Seller removes any contingency or cancellation rights, unless Otherwise Agreed, Seller shall conclusively be deemed to have: (i) satisfied themselves regarding such contingency, (ii) elected to proceed with the transaction; and (iii) given up any right to cancel this Agreement based on such contingency. G. DEMAND TO CLOSE ESCROW: Before Buyer or Seller may cancel this Agreement for failure of the other Party to close escrow pursuant to this Agreement, Buyer or Seller must first Deliver to the other Party a Demand to Close Escrow (C.A.R. Form DCE). The DCE shall: (i) be Signed by the applicable Buyer or Seller; and (ii) give the other Party at least 3 Days after Delivery to close escrow. A DCE may not be Delivered any earlier than 3 Days prior to the Scheduled Performance Day for the Close Of Escrow. If a DCE is incorrectly Delivered or specifies a time less than the above timeframe, the DCE shall be deemed invalid and void, and Seller or Buyer shall be required to Deliver a new DCE. H. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, the Parties agree to Sign and Deliver mutual instructions to cancel the sale and escrow and release deposits, if any, to the Party entitled to the funds, less (i) fees and costs paid by Escrow Holder on behalf of that Party, if required by this Agreement; and (ii) any escrow fee charged to that parky. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. A release of funds will require mutual Signed release instructions from the Parkies, judicial decision or arbitration award. A Party may be subject to a civil penalty of up to $I,000 for refusal to Sign cancellation instructions if no good faith dispute exists as to which Party is entitled to the deposited funds (Civil Code § 1057.3). Note: Neither Agents nor Escrow Holder are qualified to provide any opinion on whether either Party has acted in good faith or which Party is entitled to the deposited funds. Buyer and Seller are advised to seek the advice of a qualified California real estate attorney regarding this matter. 15. REPAIRS: Repairs shall be completed prior to final verification of condition unless Otherwise Agreed. Repairs to be performed at Seller's expense may be performed by Seller or through others, provided that the work complies with applicable Law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. Buyer acknowledges that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall: (i) obtain invoices and paid receipts for Repairs performed by others (ii) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and (iii) provide Copies of invoices and paid receipts and statements to Buyer prior to final verification of condition. 16. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final verification of the Property condition within the time specified in paragraph 3J, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (i) the Property is maintained pursuant to paragraph 7B; (ii) Repairs have been completed as agreed; and (iii) Seller has complied with Seller's other obligations under this Agreement (C.A.R. Form VP) 17. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless Otherwise Agreed, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, Seller rental payments to third parties, HOA regular assessments due prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello-Roos and other Special Assessment District bonds and assessments that are now a lien. Seller shall pay any HOA special or emergency assessments due prior to Close Of Escrow. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello-Roos and other Special Assessment District bonds and assessments and HOA special or emergency assessments that are due afker Close Of Escrow. Properky will be reassessed upon change of ownership. Any supplemental tax bills delivered to Escrow Holder prior to closing shall be prorated and paid as follows: (i) for periods afker Close Of Escrow, by Buyer; and (ii) for periods prior to Close Of Escrow, by Seller (see C.A.R. Form SPT or SBSA for furkher information). Seller agrees all service fees, maintenance costs and utility bills will be paid current up and through the date of Close Of Escrow. TAX BILLS AND UTILITY BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month. 18. BROKERS AND AGENTS A. COMPENSATION: Seller or Buyer, or both, as applicable, agree to pay compensation to Broker as specified in a separate written agreement between Broker and that Seller or Buyer. Compensation is payable upon Close Of Escrow, or if escrow does not close, as otherwise specified in the agreement between Broker and that Seller or Buyer. If Seller agrees to pay Buyer's Broker (see paragraph 3G(3)), Seller shall be entitled to a copy of the written portion of the compensation agreement between Buyer and Buyer's Broker identifying the compensation to be paid. See C.A.R. Form SPBB for further information. B. SCOPE OF DUTY: Buyer and Seller acknowledge and agree that Agent: (i) Does not decide what price Buyer should pay or Seller should accept; (ii) Does not guarantee the condition of the Properky; (iii) Does not guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others; (iv) Does not have an obligation to conduct an inspection of common areas or areas off the site of the Properky; (v) Shall not be responsible for identifying defects on the Properky, in common areas, or offsite unless such defects are visually observable by an inspection of reasonably accessible areas of the Properky or are known to Agent; (vi) Shall not be responsible for inspecting public records or permits concerning the title or use of Property; (vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title; (viii) Shall not be responsible for verifying square footage, representations of others or information contained in Investigation reports Multiple Listing Service, adverkisements, flyers or other promotional material; (ix) Shall not be responsible for detemiining the fair market value of the Properky or any personal properky included in the sale; (x) Shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller; and (xi) Shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity. Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals. CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 1l OF 16) Produced with Lone WolT TransaclionS (zipFOrm Edition) 717 N Harwood St. Suiie 2200. Dallas, TX 75201 10301 Byrne Ave 473 CC 06-04-2024 473 of 530 DocuSign Envelope ID: E555DO9C-74DA-416E-985D-F746AFD34E7B rropeny qaaress: 7UJU7 byrne ave, t;upenino, (;A sr:iu'io Date: May 29, 2024 19. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER: A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: paragraphs 1, 3A, 3B, 3D-G, 3N(2), 3Q, 3R, 4A, 4B, 5A(1-2) 5D, 5E, 10B(2%A), 10B(3), 10C, 11H, 11L(2), 13 (except 13D), 14H, 17, "18A, 19, 23, 25, 27, 28, 32, 33, and paragraph 3 of the Real Estate Brokers Section. If a Copy of the separate compensation agreement(s) provided for in paragraph 18A or paragraph 3 of the Real Estate Brokers Section is deposited with Escrow Holder by Agent, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or both, as applicable, the Broker's compensation provided for in such agreement(s). The terms and conditions of this Agreement not set forth in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned. B. Buyer and Seller will receive Escrow Holder's general provisions, if any, directly from Escrow Holder. To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller shall Sign and return Escrow Holder's general provisions or supplemental instructions within the time specified in paragraph 3N(2). Buyer and Seller shall execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow and, as directed by Escrow Holder, within 3 Days, shall pay to Escrow Holder or HOA or HOA management company or others any fee required by paragraphs 3, 8, 10, 11, or elsewhere in this Agreement. C. A Copy of this Agreement including any counter offer(s) and addenda shall be delivered to Escrow Holder within 3 Days after Acceptance. Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. Escrow Holder shall provide Seller's Statement of Information to Title Company when received from Seller, if a separate company is providing title insurance. If Seller delivers an affidavit to Escrow Holder to satisfy Seller's FIRPTA obligation under paragraph 11H, Escrow Holder shall deliver to Buyer, Buyer's Agent, and Seller's Agent a Qualified Substitute statement that complies with federal Law. If Escrow Holder's Qualified Substitute statement does not comply with federal law, the Parkies instruct escrow to withhold all applicable required amounts under paragraph 11H. D. Agents are not a parl to the escrow, except for Brokers for the sole purpose of compensation pursuant to paragraph 18A and paragraph 3 of the Real Estate Brokers Section. If a Copy of the separate compensation agreement(s) provided for in either of those paragraphs is deposited with Escrow Holder by Agent, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or both, as applicable, the Broker's compensation provided for in such agreement(s).Buyer and Seller irrevocably assign to Brokers compensation specified in paragraph 18A, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the written consent of Brokers. Buyer and Seller shall release and hold harmless Escrow Holder from any liability resulting from Escrow Holder's payment to Broker(s) of compensation pursuant to this Agreement. E. Buyer and Seller acknowledge that Escrow Holder may require invoices for expenses under this Agreement. Buyer and Seller, upon request by Escrow Holder, within 3 Days or within a sufficient time to close escrow, whichever is sooner, shall provide any such invoices to Escrow Holder. F. Upon receipt, Escrow Holder shall provide Buyer, Seller, and each Agent verification of Buyer's deposit of funds pursuant to paragraphs 5A(1) and 5A(2). Once Escrow Holder becomes aware of any of the following, Escrow Holder shall immediately notify each Agent: (i) if Buyer's initial or any additional deposit or down payment is not made pursuant to this Agreement, or is not good at time of deposit with Escrow Holder; or (ii) if Buyer and Seller instruct Escrow Holder to cancel escrow. G. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 3 Days affer mutual execution of the amendment. 20. SELECTION OF SERVICE PROVIDERS: Agents do not guarantee the performance of any vendors, service or product providers ("Providers"), whether referred by Agent or selected by Buyer, Seller or other person. Buyer and Seller may select ANY Providers of their own choosing. 21. MULTIPLE LISTING SERVICE ("MLS"): Agents are authorized to report to the MLS that an offer has been accepted and, upon Close Of Escrow, the sales price and other terms of this transaction shall be provided to the MLS to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS. Buyer acknowledges that: (i) any pictures, videos, floor plans (collectively, "Images") or other information about the Properky that has been or will be inputked into the MLS or internet portals, or both, at the instruction of Seller or in compliance with MLS rules, will not be removed afker Close Of Escrow; (ii) California Civil Code § 1088(c) requires the MLS to maintain such Images and information for at least three years and as a result they may be displayed or circulated on the Internet, which cannot be controlled or removed by Seller or Agents and (iii) Seller, Seller's Agent, Buyer's Agent, and MLS have no obligation or ability to remove such Images or information from the Internet. 22. ATTORNEY FEES AND COSTS: In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non-prevailing Buyer or Seller, except as provided in paragraph 30A. 23. ASSIGNMENT/NOMINATION: Buyer shall have the right to assign all of Buyer's interest in this Agreement to Buyer's own trust or to any wholly owned entity of Buyer that is in existence at the time of such assignment. Otherwise, Buyer shall not assign all or any part of Buyer's interest in this Agreement without first having obtained the separate written consent of Seller to a specified assignee. Such consent shall not be unreasonably withheld. Prior to any assignment, Buyer shall disclose to Seller the name of the assignee and the amount of any monetary consideration between Buyer and assignee. Buyer shall provide assignee with all documents related to this Agreement including, but not limited to, the Agreement and any disclosures. If assignee is a wholly owned entity or trust of Buyer, that assignee does not need to re-sign or initial all documents provided. Whether or not an assignment requires seller's consent, at the time of assignment, assignee shall deliver a letter from assignee's lender that assignee is prequalified or preapproved as specified in paragraph 6B. Should assignee fail to deliver such a letter, Seller, afker first giving Assignee an Notice to Buyer to Perform, shall have the right to terminate the assignment. Buyer shall, within the time specified in paragraph 3K, Deliver any request to assign this Agreement for Seller's consent. If Buyer fails to provide the required information within this time frame, Seller's withholding of consent shall be deemed reasonable. Any total or partial assignment shall not relieve Buyer of Buyer's obligations pursuant to this Agreement unless Otherwise Agreed by Seller (C.A.R. Form AOAA). Parkies shall provide any assignment agreement to Escrow Holder within 1 Day afker the assignment. Any nomination by Buyer shall be subject to the same procedures, requirements, and terms as an assignment as specified in this paragraph. 24. EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti-discrimination Laws. RPA REVISED 12/22 (PAGE 12 0F 16)Seller's Initials CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 12 0F 16) PtoducedwithLoneWolfTtansaclions(zipFomrEdifion)717NHarwoodSt.Suite2200.Dallas.TX 75201 10301BynieAve 474 CC 06-04-2024 474 of 530 DocuSign Envelope ID: E555DO9C-74DA-416E-985D-F746AFD34E7B :;5.ropDe'E'FIRNalaTrle0sNsS7a'n'd7J:a':rbNf. %'len%ll'o:in'g'wu"o"rds are defined terms in this Agreement, sDhaaklal be":vdi2c':te2ff2b4y initial capital letters throughout this Agreement, and have the following meaning whenever used: A. "Acceptance" means the time the offer or final counter offer is fully executed, in writing, by the recipient Party and is Delivered to the offering Party or that Party's Authorized Agent. B. "Agenf' means the Broker, salesperson, broker-associate or any other real estate licensee licensed under the brokerage firm identified in paragraph 2B. C. "Agreement" means this document and any counter offers and any incorporated addenda or amendments, collectively forming the binding agreement between the Parties. Addenda and amendments are incorporated only when Signed and Delivered by all Parties. D. "As-Is" condition: Seller shall disclose known material facts and defects as specified in this Agreement. Buyer has the right to inspect the Property and, within the time specified, request that Seller make repairs or take other corrective action, or exercise any contingency cancellation rights in this Agreement. Seller is only required to make repairs specified in this Agreement or as Otherwise Agreed. E. "Authorized Agent" means an individual real estate licensee specified in the Real Estate Broker Section. F. "C.A.R. Form" means the most current version of the specific form referenced or another comparable form agreed to by the Parties. G. "Close Of Escrow", including "COE", means the date the grant deed, or other evidence of transfer of title, is recorded for any real property, or the date of Delivery of a document evidencing the transfer of title for any non-real property transaction. H. "Copy" means copy by any means including photocopy, facsimile and electronic. I. Counting Days is done as follows unless Otherwise Agreed: (1) The first Day afker an event is the first full calendar date following the event, and ending at fl:59 pm. For example, if a Notice to Buyer to Perform (C.A.R. form NBP) is Delivered at 3 pm on the 7th calendar day of the month, or Acceptance of a counter offer is personally received at 12 noon on the 7th calendar day of the month, then the 7th is Day "O" for purposes of counting days to respond to the NBP or calculating the Close Of Escrow date or contingency removal dates and the 8th of the month is Day 1 for those same purposes. (2) All calendar days are counted in establishing the first Day afker an event. (3) All calendar days are counted in determining the date upon which performance must be completed, ending at 11:59 pm on the last day for performance ("Scheduled Performance Day"). (4) Afker Acceptance, if the Scheduled Performance Day for any act required by this Agreement, including Close Of Escrow, lands on a Saturday, Sunday, or Legal Holiday, the performing party shall be allowed to perform on the next day that is not a Saturday, Sunday or Legal Holiday ("Allowable Performance Day"), and ending at 11 :59 pm. "Legal Holiday" shall mean any holiday or optional bank holiday under Civil Code §§ 7 and 7.1, any holiday under Government Code § 6700. (5) For the purposes of COE, any day that the Recorder's office in the County where the Property is located is closed or any day that the lender or Escrow Holder under this Agreement is closed, the COE shall occur on the next day the Recorder's office in that County, the lender, and the Escrow Holder is open. (6) COE is considered Day O for purposes of counting days Seller is allowed to remain in possession, if permitted by this Agreement. J. "Day" or "Days" means calendar day or days. However, delivery of deposit to escrow is based on business days. K. "Deliver", "Delivered" or "Delivery" of documents, unless Otherwise Agreed, means and shall be effective upon personal receipt of the document by Buyer or Seller or their Authorized Agent. Personal receipt means (i) a Copy of the document, or as applicable, link to the document, is in the possession of the Party or Authorized Agent, regardless of the Delivery method used (i.e. e-mail, text, other), or (ii) an Electronic Copy of the document, or as applicable, link to the document, has been sent to any of the designated electronic delivery addresses specified in the Real Estate Broker Section on page 16. Afker Acceptance, Agent may change the designated electronic delivery address for that Agent by, in writing, Delivering notice of the change in designated electronic delivery address to the other Party. Links could be, for example, to DropBox or GoogleDrive or other functionally equivalent program. If the recipient of a link is unable or unwilling to open the link or download the documents or otherwise prefers Delivery of the documents directly, Recipient of a link shall notify the sender in writing, within 3 Days afker Delivery of the link (C.A.R. Form RFR). In such case, Delivery shall be effective upon Delivery of the documents and not the link. Failure to notify sender within the time specified above shall be deemed consent to receive, and Buyer opening, the document by link. L. "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. Unless Otherwise Agreed, Buyer and Seller agree to the use of Electronic Signatures. Buyer and Seller agree that electronic means will not be used by either Party to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other Party. M. "Law" means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency. N. "Legally Authorized Signer" means an individual who has authority to Sign for the principal as specified in paragraph 32 or paragraph 33. 0. "Othemise Agreed" means an agreement in writing, signed by both Parties and Delivered to each. P. "Repairs" means any repairs (including pest control), alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement. Q. "Sign" or "Signed" means either a handwritten or Electronic Signature on an original document, Copy or any counterpart. 26. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the terms and conditions herein. The individual Liquidated Damages and Arbitration of Disputes paragraphs are incorporated in this Agreement if initialed by all Parkies or if incorporated by mutual agreement in a Counter Offer or addendum. If at least one but not all Parties initial, a Counter Offer is required until agreement is reached. Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of Acceptance and to market the Property for backup offers afker Acceptance. The Parties have read and acknowledge receipt of a Copy of the offer and agree to the confirmation of agency relationships. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement, addendum or modification, including any Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing. By signing this offer or any document in the transaction, the Pafy Signing the document is deemed to have read the document in its entirety. 27. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the Parties are incorporated in this Agreement. Its terms are intended by the Parkies as a final, complete and exclusive expression of their Agreement with respect to its subject matter and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Except as Otherwise Agreed, this Agreement shall be interpreted, and disputes shall be resolved in accordance with the Laws of the State of California. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed, except in writing Signed by Buyer and Seller. RPA REVISED 12/22 (PAGE 13 0F 16)Buyer'slnitials Ioa [""Seller's Initials CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 13 0F 16) Produced with Lone WolT Transactions (zipFon'n Edition) 717 N Hanood St, Sllite 2200, DallaS, TX 75201 10301 Byrne Ave 475 CC 06-04-2024 475 of 530 DocuSign Envelope ID: E555DO9C-74DA-416E-985D-F746AFD34E7B rropeny qaoress. 7UJU7 byrne pve, cupensno, (;A 9DU?4 Date: Ma7 29, 2024 28. LEGALLY AUTHORIZED SIGNER: Wherever the signature or initials of the Legally Authorized Signer identified in paragraph 32 or 33 appear on this Agreement or any related documents, it shall be deemed to be in a representative capacity for the entity described and not in an individual capacity, unless otherwise indicated. The Legally Authorized Signer (i) represents that the entity for which that person is acting already exists and is in good standing to do business in California and (ii) shall Deliver to the other Party and Escrow Holder, within the time specified in paragraph 3N(5), evidence of authority to act in that capacity (such as but not limited to: applicable portion of the trust or Certification Of Trust (Probate Code § 18100.5), letters testamentary, col.irt order, power of attorney, corporate resolution, or formation documents of the business entity). 29. LIQUIDATED DAMAGES (By initialing in the space below, you are agreeing to Liquidated Damages): If Buyer fails to complete this purchase because of Buyer's default, Seller shall retain, as liquidated damages, the deposit actually paid. If the Property is a dwelling with no more than four units, one of which Buyer intends to occupy, then the amount retained shall be no more than 3% of the purchase price. Any excess shall be returned to Buyer. Release of funds will require mutual, Signed release instructions from both Buyer and Seller, judicial decision or arbitration award. AT THE TIME OF ANY INCREASED DEPOSIT BUYER AND SELLER SHALL SIGN A SEPARATE LIQUIDATED DAMAGES PROVISION INCORPORATING THE INCREASED DEPOSIT AS LIQUIDATED D ES ( R. FORM DID). Buyer's Ina a 7 FI JG Seller's Initials / 30. MEDIATION: A. The Parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or courk action. The mediation shall be conducted through the C.A.R. Real Estate Mediation Center for Consumers (www.consumermediation.org) or through any other mediation provider or service mutually agreed to by the Parties. The Parties also agree to mediate any disputes or claims with Agents(s), who, in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to the Agent. Mediation fees, if any, shall be divided equally among the Parties involved, and shall be recoverable under the prevailing party attorney fees clause. If, for any dispute or claim to which this paragraph applies, any Party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that Parky shall not be entitled to recover attorney fees, even if they would otherwise be available to that Parky in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. B. ADDITIONAL MEDIATION TERMS: (i) Exclusions from this mediation agreement are specified in paragraph 31B; (ii) The obligation to mediate does not preclude the right of either Party to seek a preservation of rights under paragraph 31C; and (iii) Agent's rights and obligations are further specified in paragraph 31D. These terms apply even if the Arbitration of Disputes paragraph is not initialed. 31. ARBITRATION OF DISPUTES: A. The Parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The Parties also agree to arbitrate any disputes or claims with Agents(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Agent. The arbitration shall be conducted through any arbitration provider or service mutually agreed to by the Parties. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate Law experience, unless the Parties mutually agree to a different arbitrator. Enforcement of, and any motion to compel arbitration pursuant to, this agreement to arbitrate shall be governed by the procedural rules of the Federal Arbitration Act, and not the California Arbitration Act, notwithstanding any language seemingly to the contrary in this Agreement. The Parties shall have the right to discovery in accordance with Code of Civil Procedure § 1283.05. The arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. B. EXCLUSIONS: The following matters are excluded from mediation and arbitration: (i) Any matter that is within the jurisdiction of a probate, small claims or bankruptcy court; (ii) an unlawful detainer action; and (iii) a judicial or non- judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code § 2985. C. PRESERVATION OF ACTIONS: The following shall not constitute a waiver nor violation of the mediation and arbitration provisions: (i) the filing of a court action to preserve a statute of limitations; (ii) the filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, provided the filing party concurrent with, or immediately after such filing makes a request to the court for a stay of litigation pending any applicable mediation or arbitration proceeding; or (iii) the filing of a mechanic's lien. D. AGENTS: Agents shall not be obligated nor compelled to mediate or arbitrate unless they agree to do so in writing. Any Agents(s) participating in mediation or arbitration shall not be deemed a party to this Agreement. E. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GMNG UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GMNG UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CML PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNT ARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Buyer's Initialsr" F-l/eoGa Seller's Initials /u (___- - CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 14 0F 16) Produced wilh Lone Wolf Transactions (zipForm Edition) 717 N Hamood Si, Suite 2200, Dallas, TX 75201 10301 BynieAve 476 CC 06-04-2024 476 of 530 Date: May 29, 2024 DocuSign Envelope ID: E555DO9C-74DA-416E-985D-F746AFD34E7B rropeny paaress. 7UJU7 byrne AVe, UupertlnO, (;A sr:iu'iq 32. BUYER'S OFFER A. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit, if any, shall be returned to Buyer unless by the date and time specified in paragraph 3C, the offer is Signed by Seller and a Copy of the Signed offer is Delivered to Buyer or Buyer's Authorized Agent. Seller has no obligation to respond to an offer made. B. 0 ENTITY BUYERS: (Note: If this paragraph is completed, a Representative Capacity Signature Disclosure (C.A.R. Form RCSD) is not required for the Legally Authorized Signers designated below.) (1) One or more Buyers is a trust, corporation, LLC, probate estate, partnership, holding a power of attorney or other entity. (2) This Agreement is being Signed by a Legally Authorized Signer in a representative capacity and not in an individual capacity. See paragraph 28 for additional terms. (3) The name(s) of the Legally Authorized Signer(s) is/are: (4) If a trust, identify Buyer as trustee(s) of the trust or by simplified trust name (ex. John Doe, co-trustee, Jane Doe, co-trustee or Doe Revocable Family Trust). (5) If the entity is a trust or under probate, the following is the full name of the trust or probate case, including case #: C. The RPA has 16 pages. Buyer acknowledges receipt of, and has read and understands, every page and all attachments that make up the Agreement. D. BUYER Date: 5/29/2024 I 17:37 PDT Title, if applicable, Date: S/29/20z!4 I 17:40 PDT 33. ACCEPT ANCE A. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property or has the authority to execute this Agreement. Seller accepts the above offer and agrees to sell the Properky on the above terms and conditions. Seller has read and acknowledges receipt of a Copy of this Agreement and authorizes Agent to Deliver a Signed Copy to Buyer. Seller's acceptance is subject to the attached Counter Offer or Back-Up Offer Addendum, or both, checked below. Seller shall return and include the entire agreement with any response. gSeller Counter Offer (C.A.R. Form SCO or SMCO) gBack-Up Offer Addendum (C.A.R. Form BUO) B. 0 Entity Sellers: (Note: If this paragraph is completed, a Representative Capacity Signature Disclosure form (C.A.R. Form RCSD) is not required for the Legally Authorized Signers designated below.) (1 ) One or more Sellers is a trust, corporation, LLC, probate estate, partnership, holding a power of attorney or other entity. (2) This Agreement is being Signed by a Legally Authorized Signer in a representative capacity and not in an individual capacity. See paragraph 28 for additional terms. (3) The name(s) of the Legally Authorized Signer(s) is/are: (4) If a trust, identify Seller as trustee(s) of the trust or by simplified trust name (ex. John Doe, co-trustee, Jane Doe, co-trustee or Doe Revocable Family Trust). (5) If the entity is a trust or under probate, the following is the full name of the trust or probate case, including case #: C. The RPA has 16 pages. Seller acknowledges receipt of, and has read and understands, every page and all attachments that make up the Agreement. D. SELLER SIGNATURE(S): Date: Title, if applicable, Date: (Signature) By, Printed name of SELLER: gPrinted Name of Legally Authorized Signer: (Signature) By, Printed name of SELLER: @Printed Name of Legally Authorized Signer: Title, if applicable, [I]lF MORE THAN TWO SIGNERS, USE Additional Signature Addendum (C.A.R. Form ASA). No Counter Offer is being made. This offer was not accepted by Seller (date)OFFER NOT ACCEPTED: Seller's Initials RPA REVISED 12/22 (PAGE 15 0F 16) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 15 0F 16) PTOdllCed With Lane Wall Transactions (ZipFOrm Edition) 717 N Harwood St, Suite 2200, DallaS, TX 75201 10301 Byrne Ave 477 CC 06-04-2024 477 of 530 DocuSign Envelope ID: E555DO9C-74DA-416E-985D-F746AFD34E7B I-aropeny /-lOareSSI IUJUI borne AVe, t,;upertlnO, L;A kaDU74 Date: May 29, 2024 REAL EST ATE BROKERS SECTION: 1. Real Estate Agents are not parties to the Agreement between Buyer and Seller. 2. Agency relationships are confirmed as stated in paragraph 2. 3. Cooperating Broker Compensation: Seller's Broker agrees to pay Buyer's Broker and Buyer's Broker agrees to accept, out of Seller's Broker's proceeds in escrow, the amount specified in the MLS, provided Buyer's Broker is a Participant of the MLS in which the Property is offered for sale or a reciprocal MLS. If Seller's Broker and Buyer's Broker are not both Participants of the MLS, or a reciprocal MLS, in which the Property is offered for sale, then compensation must be specified in a separate written agreement (C.A.R. Form CBC). Declaration of License and Tax (C.A.R. Form DLT) may be used to document that tax reporting will be required or that an exemption exists. 4. Presentation of Offer: Pursuant to the National Association of REALTORS@ Standard of Practice 1-7, if Buyer's Agent makes a written request, Seller's Agent shall confirm in writing that this offer has been presented to Seller. 5. Agents' Signatures and designated electronic delivery address: A. Bu4)7P8Nli Firm Keller Williams Thrive Lic. # 02177478 By W eawaravsengvc.*ozozagoz Date 5/Ig/lul4 ' l/:S 8y(-u=ebst_posgpgasz. LiC.# Date Address 19400 Sfevens Creek Blvd. #100 City Cupertino State CA Zip 95014 Emailetseng@kw.com Phone#(408)887-4128 €MMoorree tthhaann oonneeabgroeknetfrraogmefth,emsraempreesfiermntsreBprueyseerntAsdBdultylOenr.aA, dBdrOitkioenraAI AckgneonWtAlecdkgneomwelendtg(eCmAenRt.(FCo.Arm.RA. FBoAr)maffAAAach)eadttached. Designated Electronic Delivery Address(es) (Check all that apply): @Email above: @ Text to Phone # above; 0 Alternate: B. Seller's Brokerage Firm Keller Wilgiams Thrive Lic. # 02177478 By RichardLoLic.#02044009 Date By Lic.# Date Address 19400 Stevens Creek Blvd. #100 City Cupertino State CA Zip 95014 Emailteam@skyqroupkw.com Phone#(408)832-2951 OMore than one agent from the same firm represents Seller. Additional Agent Acknowledgement (C.A.R. Form AAA) atkached. @More than one brokerage firm represents Seller. Additional Broker Acknowledgement (C.A.R. Form ABA) attached. Designated Electronic Delivery Address(es) (To be filled out by Seller's Agent) (Check all that apply): OEmail above; @ Text to Phone # above; [) Alternate: PDT ESCROW HOLDER ACKNOWLEDGMENT: Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked, @ a deposit in the amount of $ ), Counter Offer numbers and , and agrees to act as Escrow Holder subject to paragraph 19 of this Agreement, any supplemental escrow instructions and the terms of Escrow Holder's general provisions. Escrow Holder is advised by that the date of Acceptance of the Agreement is EscrowHolder Escrow# BY Address Phone/Fax/E-mail Date Escrow Holder has the following license number # @Department of Financial Protection and Innovation, 0 Department of Insurance, g Department of Real Estate. Seller's Brokerage Firm presented this offer to Seller on (date).PRESENT ATION OF OFFER: Agent or Seller Initials Buyer'slnitials [:"'i [oa Seller's Initials 2022, California Association of REALTORSO, Inc. United States copyright law (Title 17 u.s. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS@. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSllLT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORSa)). It is not intended to identify the user as a REALTORO. REALTOR(E) is a registered collective membership mark which may be used only by members or the NATIONAL ASSOCIATION OF REALTORS@ who subscribe to its Code of Ethics. Published and Distributed by: REAL ESTATE BUSINESS SERVICES. LLC. a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS 525 South Virgil Avenue, Los Angeles, California 90020 RPA REVISED I2/22 (PAGE 16 0F 16) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (RPA PAGE 16 0F 16) Produced with Lone Wbll Transactions (2ipFOTm Edition) 717 N HarhOOd St, Suift' 2200, DallaS, TX 75201 10301 Byrne Ave 478 CC 06-04-2024 478 of 530 ADDENDUM No. 1 (C.A.R. Form ADM, Revised 12/21) DocuSign Envelope ID: 0439F19C-B915-4DA3-AEO9-BD92898DAB9D AkTh- aCAssLoIcFioaRrlNioIA %' The following terms and conditions are hereby incorporated in and made a part of the Purchase Agreement, OR g Residential Lease or Month-to-Month Rental Agreement, lJTransfer Disclosure Statement (Note: An amendment to the TDS may give the Buyer a right to rescind), % Other dated May 29, 2024 "Property/Premises is referred to as ("Buyer/Tenanf' is referred to as ("Seller/Landlord" 10301 Byrne Aveon property known as Cupertino, CA 95014 in which Zhao Han, Jing Guo and CityofCupertino Buyer/T enant and Seller/Landlord are referred to as the "Parties." 1. Property APJV to be 357-11-030. 2. Actual lot size to be: 15,396 SF. ("Property/Premises"), is referred to as ("Buyer/Tenanf') is referred to as ("Seller/Landlord"). Date The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this Addendum DocuSlgned by: Buyer/Tenant JING GIJO Date 6/11/2024 ' 14:3 Seller/Landlord pB<i4 (p14 Pamela wu Date 6/12/2024 ' 13:2 Seller/Landlord Date 6/12/2024 l 13:28 PDT DatepamelaWu 6/11/2024 l 14:45 po"r 6/11/2024 I 14:38 PDT 2021, California Association of REALTORS@, Inc. United States copyright law (Title 17 u.s. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS@ (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCtlRACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QtJALIFlED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORSO. It is not intended to idemify the user as a REALTOR@. REALTOR@ is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSO who subscribe to its Code of Ethics. Published and Distributed by: L REAL ESTATE BUSINESS SERVICES, LLC. a subsrdiary of the CALIFORNIA ASSOCIATION OF REALTORS Lll 525 South Virgil Avenue, Los Angeles, Califomia 90020 ADM REVISED I2/21 (PAGE 1 0F 1 ADDENDUM PAGE 1 0F 1 479 CC 06-04-2024 479 of 530 CITY OF CUPERTINO Agenda Item 24-13230 Agenda Date: 6/18/2024 Agenda #: 12. Subject: Consider acquisition of property located at 19400 Stevens Creek Blvd, and appointment of real property negotiator for acquisition of property Appoint City Manager Pamela Wu as real property negotiator for acquisition of property located at 19400 Stevens Creek Blvd CITY OF CUPERTINO Printed on 6/12/2024Page 1 of 1 powered by Legistar™480 CC 06-04-2024 480 of 530 CITY OF CUPERTINO Agenda Item 24-13103 Agenda Date: 6/18/2024 Agenda #: 13. Subject:Proposed Municipal Code Amendments to Chapter 19.48 (Fences), Chapter 19.12 (Administration), and Chapter 19.08 (Definitions) and related CEQA exemption. (Application No.: MCA-2024-001; Applicant: City of Cupertino; Location: Citywide) Conduct the first reading of Ordinance No. 24-2260:AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO AMEND MUNICIPAL CODE CHAPTER 19.08, CHAPTER 19.12, AND CHAPTER 19.48 REGARDING FENCES, which includes a finding to find the actions exempt from CEQA Presenter: Emi Sugiyama, Associate Planner CITY OF CUPERTINO Printed on 6/12/2024Page 1 of 1 powered by Legistar™481 CC 06-04-2024 481 of 530 CITY COUNCIL STAFF REPORT Meeting: June 18, 2024 Subject Proposed Municipal Code Amendments to Chapter 19.48 (Fences), Chapter 19.12 (Administration), and Chapter 19.08 (Definitions) and related CEQA exemption. (Application No.: MCA-2024-001; Applicant: City of Cupertino; Location: Citywide) Recommended Action Conduct the first reading of Ordinance No. 24-___: An Ordinance of the City Council of the City of Cupertino amending Chapter 19.48 (Fences), Chapter 19.12 (Administration) and Chapter 19.08 (Definitions), which includes a finding to find the actions exempt from CEQA. Discussion Background Cupertino Municipal Code (“CMC”) Chapter 19.48, Fences, outlines the City’s requirements for placement and design of fences on all properties in the city. Periodically, provisions in the Municipal Code is reviewed for consistency with State law and internal policies, clarifications, corrections, and to consider changes to existing standards to address issues that arise in the community. Revisions to the Fence Ordinance, last modified in 2011, are proposed to streamline City permitting operations and staff review by modifying fence standards and the applicability of the Fence Exception Permit process related to driveway gates. Additionally, minor corrections and edits for consistency, readability, and clarity are proposed to the Fence Ordinance and associated definitions as part of this amendment. On May 28, 2024,1 the Planning Commission recommended the Council adopt the proposed ordinance without revisions. Planning Commission’s discussion was focused on understanding the differences between the existing and proposed regulations, including questions about applicability of the regulations to hedges and similar vegetation located in interior yards. While the Planning Commission did not recommend any changes to the regulations as presented to them, staff has made some clarifying edits related to hedges based on the Commission’s comments following the Planning Commission meeting. Standards modified by staff to reflect the discussion of the Planning Commission at their May 28th meeting are included in Attachment A. Staff recommends that the Council adopt the proposed ordinance (Attachment A). 1 Planning Commission Resolution 2024-08 available online at: https://chl-lf- app.cupertino.org/WebLink/DocView.aspx?id=1101563&dbid=0&repo=CityofCupertino 482 CC 06-04-2024 482 of 530 MCA-2024-001 June 18, 2024 Amendment to Chapter 19.48 (Fences) Page 2 Analysis A summary of the proposed amendments to the Fence ordinance is provided below. Please note that the discussion below does not reflect the full scope of changes of the proposed ordinance (Attachment A). The proposed amendments are identified with strikethroughs and underlines, as appropriate, in Attachment B. Language that has been relocated in the chapter is indicated in green text with double underlines and/or strikethroughs. Standards modified by staff to reflect the discussion of the Planning Commission at their May 28th meeting are included in Attachment A. Section 19.48.010 - Fence Location and Height in all Zones Except R1, RHS, R2, and R3 (with up to Four Units) Updates are proposed to clarify this section’s applicability and to further refine the requirements for fences subject to Design Review. These updates are intended to aid in a more consistent and transparent application of the standards. Section 19.48.030 - Fence Location and Height for Zones Not Requiring Design Review  Fence Height: Proposed amendments align the Zoning Code with the Building Code by allowing up to a seven-foot tall fence without neighbor approval in areas where a maximum six-foot tall fence is currently allowed. Changes to the Building Code in 2013 allowed the construction of seven-foot tall fences without a building permit; however, the Fence Ordinance, part of the Zoning Code, still requires neighbor approval for fences taller than six feet. Therefore, while a building permit is not required from the City to construct a seven- foot tall fence, the typical height of residential neighborhood fences, interaction with the City is expected to ensure a neighbor approval form is submitted. This process is cumbersome for property owners and contractors. As a result, seven-foot tall fences are commonly erected without neighbor approval forms being submitted. The proposed Code modification streamlines the process for construction of a fence that does not need a building permit. Fences between seven and eight feet in height would continue to be allowed, subject to building permit approval and upon receipt of written approval from abutting property owners. For purposes of the fence ordinance, screening hedges are exempt from any height requirements in interior and rear yards. A diagram outlining the proposed fence regulations has been provided as Appendix A in the proposed ordinance (Attachment A).  Hillside Fences: Modifications to the requirements for hillside fences are also proposed to reduce the area where non-open fencing is allowed. The current standard allows up to 5,000 sq. ft. of space enclosed by solid board (or non-open) fencing on lots greater than 30,000 sq. ft. and an unlimited amount of area enclosed by solid board (or non-open) fencing on lots with a net lot area of 30,000 square feet or less. The proposed standard reduces the lot size for lots with an unlimited allowance for non-open fencing from 30,000 square feet to a maximum of 10,000 square feet. This change is proposed to provide consistency with General Plan Policies LU-12.1.1 and ES-5.3.22 and to ensure consistency with the intent of the 2 Cupertino General Plan (Community Vision 2015-2024), Chapter 3: Land Use and Community Design “Policy LU-12.1: Land Use Regulations Establish and maintain building and development standards for hillsides that ensure hillside protection.” 483 CC 06-04-2024 483 of 530 MCA-2024-001 June 18, 2024 Amendment to Chapter 19.48 (Fences) Page 3 Residential Hillside zoning to preserve the natural setting of the hillsides and to avoid overdevelopment in the Hillside Zoning areas. The General Plan and Municipal Code currently treat residential properties with slopes greater than 20 percent similar to those zoned Residential Hillside; therefore, a clarification has been included to ensure the consistent application of fence standards to those residential properties not in the Residential Hillside zone but with slopes exceeding 20 percent.  Ornamental Features: Residents have, over the years, wanted to incorporate ornamental features, such as arbors and trellises, to accentuate entry areas as part of their fence design; however, these features are not currently addressed in the Municipal Code and must be accommodated via a Fence Exception process. To streamline and accommodate these requests without having to go through a permit process, standards are proposed to allow for minor ornamental entry features. These features include entry arbors and trellises, which do not exceed eight feet in height or a cumulative area of twenty-five square feet. These standards outline the location and design requirements of these structures, including limiting the features to only those that are structurally integrated with fences and located along street lot lines.  Other: Additional minor clarifications are proposed to ensure a more consistent application of standards, including a clarifying standard for measuring setbacks and the restrictions of corner and sight triangles. Section 19.48.040 – Fence Design Requirements The new Fence Design Requirements section replaces the previous “Prohibited Fences” section (currently Section 19.48.090) and provides an outline of the allowed and prohibited materials and maintenance requirements for fences. Prohibited and allowed materials are proposed based on aesthetics, durability, and material compatibility, in other words, materials normally manufactured for, used as, and recognized as fencing materials. The addition of these standards to Chapter 19.48 is intended to provide regulation of materials that are considered incompatible with neighborhood design standards. Flexibility in these standards is incorporated through the proposed language which allows for some prohibited materials to be used where not visible by the public or neighboring property owners and allows for unlisted materials to be considered when determined to be safe and commercially acceptable. Additionally, a standard has been added to address the area between an erected fence and the back of curb. This standard requires that the area be maintained with either landscaping or pervious flatwork and is included to ensure that these areas on private property, but adjacent to the public right-of-way and visible to the public, are well maintained. Chapter 6: Environmental Resources and Sustainability Element “Policy ES-5.4: Hillside Wildlife Migration. Confine fencing on hillside property to the area around a building, rather than around an entire site, to allow for migration of wild animals.” 484 CC 06-04-2024 484 of 530 MCA-2024-001 June 18, 2024 Amendment to Chapter 19.48 (Fences) Page 4 Section 19.48.050 – Proximity of Plants and Fences to Public Streets This section has been reordered and includes no substantive changes. The public right of way continues to be required to be free and clear of plants and private fences. Section 19.48.060 - Roadway and Driveway Gates Modifications to this section are intended to simplify the process for approval of roadway and driveway gates3 by allowing gates that currently require approval of a Fence Exception prior to issuance of a building permit, with just a building permit. In order to be approved without a Fence Exception, these gates would need to meet the updated standards outlined in this section, including standards for setback, height, and design. The standards are proposed to ensure that gates would be aesthetically well-designed and not interfere with vehicular or pedestrian traffic, parking, or public access to commercial sites. Driveway gates in all circumstances must meet a minimum setback of 20 feet from the existing or planned public rights-of-way. Additionally, the proposed changes clarify the standards for gates subject to the Fence Exception review process. All modifications to this section are intended to streamline the permitting process for driveway and roadway gates while ensuring consistency in design and addressing potential safety concerns. Section 19.48.070 – Exceptions-Findings Minor changes are proposed to clarify exception findings, including specifying the applicability of some findings and consolidating similar findings. Section 19.48.080 – Temporary Fences for Construction Additional standards are included relating to the placement, allowable materials, and location of construction fences. These standards are intended to clarify when temporary fences for construction are allowed and the physical condition under which they must be maintained. Section 19.48.090 – Violation-Penalty Reordered, no changes. Other Chapters To aid in the implementation of the new and modified standards outlined above, minor revisions to Chapter 19.08 and conforming changes to Chapter 19.12 are proposed as follows: Chapter 19.08, Definitions Definitions of “Accessory Structure,” “Fence,” “Fence Height,” “Residential District,” and “Sidewalk Sight Triangle” are modified, and a definition of “Hedge” is proposed for clarity and consistency with the proposed amendments. Chapter 19.12, Administration Reference to Fence Exception findings section is updated in Table 19.12.030. 3 Roadway gates are those which regulate entry to a private thoroughfare, whereas driveway gates are those that regulate entry to a private driveway (i.e. direct connection from street to property). 485 CC 06-04-2024 485 of 530 MCA-2024-001 June 18, 2024 Amendment to Chapter 19.48 (Fences) Page 5 Next Step If the City Council votes to introduce the ordinance, staff expects to bring the ordinance to City Council for adoption on July 2, 2024. If approved, the standards would go into effect on August 1, 2024. Sustainability Impact No sustainability impact. Fiscal Impact No fiscal impact. The proposed amendments are intended to streamline review processes associated with fences. As such, it is expected that there will be a reduction in the amount of staff time used to address fence construction. Where an exception is proposed for fences not meeting the requirements of Chapter 19.48, a Fence Exception would be processed and the associated fee is expected to cover staff’s review time. California Environmental Quality Act (CEQA) The proposed ordinance revisions are not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because they have no potential for resulting in physical changes in the environment, either directly or indirectly; and in the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. Prepared by: Emi Sugiyama, Associate Planner Reviewed by: Luke Connolly, Assistant Director of Community Development Approved for Submission by: Pamela Wu, City Manager Attachments: A – Draft Ordinance B – Redlined and Annotated Ordinance 486 CC 06-04-2024 486 of 530 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO AMEND MUNICIPAL CODE CHAPTER 19.08, CHAPTER 19.12, AND CHAPTER 19.48 REGARDING FENCES The City Council of the City of Cupertino finds that: 1. WHEREAS, Cupertino Municipal Code Chapter 19.48 outlines the requirements for fences in all zones; and 2. WHEREAS, the City Council desires to have objective standards applicable to projects that are clear and understandable to ensure orderly development; and 3. WHEREAS, the Ordinance amends the City's Municipal Code as set forth in Exhibit A to clarify the development standards to be applied to fences in all zones; and 4. WHEREAS, the Ordinance is consistent with the City's General Plan and the public health, safety, convenience, and general welfare; and 5. WHEREAS, in the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the amendments to the City Code would have no or only a de minimis impact on the environment. The foregoing determination is made by the City Council in its independent judgment; and 6. WHEREAS, following necessary public notices given as required by the procedural ordinances of the City of Cupertino and the Government Code, the Planning Commission held a public hearing on May 28, 2024 to consider the Ordinance; and 7. WHEREAS, on May 28, 2024, by Resolution 2024-08, the Planning Commission recommended on a unanimous vote that the City Council adopt the proposed Municipal Code Amendment to clarify development standards for fences; and 8. WHEREAS, on June 18, 2024, upon due notice, the City Council has held at least one public hearing to consider the Municipal Code Amendment; and 9. WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Ordinance. 487 CC 06-04-2024 487 of 530 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION 1. Adoption. The Cupertino Municipal Code is further amended as set forth in Attachment A. SECTION 2. Findings The City Council finds the following as set forth by Municipal Code Sections 19.152.020C and 19.152.030D: 1. That the proposed zoning is in accord with Title 19 of the Municipal Code and the City's Comprehensive General Plan (Community Vision 2040) and the proposed amendments are internally consistent with Title 19 of the Municipal Code. The proposed updates to the Municipal Code do not change any zoning designations, but rather modify Chapter 19.48 by adding new standards to create consistent requirements for the implementation of the fence ordinance and updating existing standards to streamline processes and align regulations with updated state allowances. The proposed amendments do not render existing provisions of the Municipal Code inconsistent with those proposed. 2. The proposed zoning is in compliance with the provisions of the California Environmental Quality Act (CEQA). in the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the amendments to the City Code would have no or only a de minimis impact on the environment. The foregoing determination is made by the City Council in its independent judgment. 3. The site is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development(s). Not applicable. The proposed ordinance amendments do not change the zoning designation for any properties, nor does it change any land uses allowed. The amendments also do not propose any physical changes in the environment or increased development. 4. The proposed zoning will promote orderly development of the City. By modifying and updating regulations for fences, the ordinance will promote orderly and consistent implementation of the regulations for development in the City. 5. That the proposed zoning is not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels. The proposed ordinance provides regulation to maintain the health, safety, peace, morals and 488 CC 06-04-2024 488 of 530 general welfare of persons residing or working in the neighborhood of subject parcels by providing regulations and consistent requirements to address the development of fences. 6. The proposed amendments are internally consistent with this title. All the necessary chapters and sections of Title 19: Zoning have been amended to ensure internal consistency with the proposed regulations. SECTION 3. Severability and Continuity. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause, and phrase of this ordinance is severable and independent of every other section, sub- section, paragraph, sub-paragraph, sentence, clause, and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause, or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions. SECTION 4. California Environmental Quality Act. Determine that Project is exempt under the requirements of the California Environmental Quality Act (CEQA) of 1970, and CEQA Guidelines (collectively, “CEQA”) subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. SECTION 5. Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. SECTION 6. Publication. The City Clerk shall give notice of adoption of this Ordinance as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance. INTRODUCED this 18th day of June, 2024, at a Regular Meeting of the City Council of the City of Cupertino and ENACTED on the ____ day of _____, 2023, at a Regular Meeting of the City Council of the City of Cupertino by the following roll call vote: AYES: 489 CC 06-04-2024 489 of 530 NOES: ABSTAIN: ABSENT: SIGNED: __________________ Sheila Mohan, Mayor City of Cupertino ______________________ Date ATTEST: __________________ Kirsten Squarcia, City Clerk ________________________ Date APPROVED AS TO FORM: __________________ Christopher Jensen, City Attorney ________________________ Date 490 CC 06-04-2024 490 of 530 ATTACHMENT A ‐ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO AMEND MUNICIPAL CODE CHAPTER 19.08, CHAPTER 19.12 AND CHAPTER 19.48 REGARDING FENCES The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows: Text added to existing provisions is shown in bold double‐underlined text (example) and text to be deleted in shown in strikethrough (example). Text in existing provisions is not amended or readopted by this Ordinance. Text in italics is explanatory and is not an amendment to the Code. 1. Amend Chapter 19.48 Fences to modify or add the following: 19.48.010 Purpose. 19.48.020 Fence Location and Height for in All Zones Except R1, RHS, R2, and R3 (up to Four Units) Requiring Design Review. 19.48.030 Fence Location and Height for Zones Properties Not Requiring Design Review. 19.48.040 Fence Design Requirements. 19.48.040 Roadway and Driveway Gates. 19.48.050 Proximity of Plants and Fences to Public Streets. 19.48.060 Roadway and Driveway Gates. 19.48.0670 Exceptions–Findings. 19.48.0780 Temporary Fences for Construction. 19.48.0890 Violation–Penalty. 19.48.090 Prohibited fences. * For statutory provisions making fences taller than ten feet a nuisance, see Civil Code § 841.4. Prior ordinance history: Ords. 112, 686, 852, 1179, 1630, 1637 and 1777. 19.48.010 ‐ Purpose. The purpose of this chapter is to regulate the location and height of fences and vegetation in yards of all zoning districts in order to protect the safety, privacy, and property values of residents and owners of properties within any zoning district of the City, including but not limited to residential, commercial, offices, institutional, industrial and/or agricultural properties. 19.48.020 ‐ Fence Location and Height for in All Zones Except R1, RHS, R2, and R3 (up to Four Units) Requiring Design Review. A. Design Review shall be required for projects in all zoning districts except R1, RHS, R2, and R3 (with up to four units). B. The Approval Body for a proposed project shall have the authority to require, approve, or disapprove wall and fencing plans including location, height, and materials in all zones requiring design review. Where an Approval Body is not identified, the Director of Community Development, or his or her designee, shall have the authority to require, approve, or disapprove fencing plans and design. 491 CC 06-04-2024 491 of 530 C. The basic Ddesign Rreview guidelines for the review of fences and walls are as follows: 1. Fences and walls separating commercial, industrial, offices, and institutional zones from residential zones shall be constructed at a height and with materials designed to: a. Acoustically isolate part of or all noise emitted by future uses within the commercial, industrial, offices, or institutional zones. The degree of acoustical isolation shall be determined during the design review process comply with the standards of Chapter 10.48. b. Ensure visual privacy for adjoining residential dwelling units. 2. Fences and walls shall be designed in a manner to provide for sight visibility at private and public street intersections (i.e. corner triangles or any sidewalk sight triangle). 3. Fence design shall be consistent with the standards outlined in this Title for the applicable zone. 4. Fences shall meet the regulations of any applicable Special Area Plan, Design Guidelines, or conceptual development plan. 5. At no point shall fence height exceed 10 feet without a Fence Exception* *For statutory provisions regarding fences taller than ten feet in height, see Civil Code § 841.4. 19.48.030 ‐ Fence Location and Height for Zones Properties Not Requiring Design Review. Table 19.48.030 sets forth the rules and regulations pertaining to fences in zones on properties where design review is not required. Appendix A is a visual representation of the provisions of Section 19.48.030(A)–(C). The Director of Community Development is authorized to administratively make changes to Appendix A to clarify the intent of these provisions. Table 19.48.030: Fence Location and Regulations 6 7 foot high fence 3 foot high fence A. Front Yard Not within required setback area, corner triangle, or sidewalk sight triangle. Along any property line, in any required setback area, or in corner triangle, or sidewalk sight triangle. B. Rear Yard Along property line or in required setback area, except not allowed in any corner triangle or sidewalk sight triangle. C. Side Yard 1. Interior residential lots: Along property line or in required setback area 2. Corner residential lots: a. Interior side: Along property line or in required setback area 492 CC 06-04-2024 492 of 530 b. Street side: i. If the rear property line adjoins a rear property line: S , the setback from the side property line: shall be 5 feet. ii. If the rRear property line adjoins a side property line of a key lot: I, in addition to i. above, setback from street side property line, within 10 feet of adjacent property line: shall be 12 feet. D. Additional Rregulations for Residential Hillside, and Open Space Zoning Districts, and R1 Properties with an Average Slope Over 20% 1. Open Fencing (composed of materials which result in a minimum of 75% visual transparency), sShall be unrestricted but shall be subject to the regulations in 19.48.030(A) – (D). 2. Solid Board All Other Fencing which otherwise meets the regulations in Section 19.48.030(A)‐(C): a. Net lot area < 130,000 square feet: Shall nNot be limited but shall be subject to the regulations in 19.48.030(A) – (D). b. Net lot area > 130,000 square feet: 5,000 square feet (excluding the principal building) of net lot area may be enclosed with solid board fencing subject to 19.48.030(A) – (D). E. In areas where a six (6) seven (7) foot fence is allowed, an up to eight (8) foot high fence can be constructed, subject to building permit approval and upon receipt of written approval from adjacent abutting property owners. F. Hedges exceeding seven (7) feet in height are allowed within interior side and rear yards. G. Minor ornamental entry features (e.g. arbor, trellis, entry gates, light fixtures meeting the requirements of Chapter 19.102). 1. Shall only be included in design of fences within a yard abutting a street lot line; and 2. Shall be limited to one entry feature per street frontage; and 3. Must be incorporated into the fence design, structurally a component of the fence, and shall not be considered an additional allowance for an accessory structure within required setbacks; and 4. Shall be no taller than eight (8) feet and shall not exceed a cumulative area of twenty‐five (25) square feet; and 5. Shall not be located in any required flag lot access area, access easement, corner triangle, or sidewalk sight triangle; and 6. When viewed from the street, the feature shall be no wider than: a. Six (6) feet on lots with less than 60 feet of street frontage, or b. Eight (8) feet on lots with 60 feet or more of street frontage. 493 CC 06-04-2024 493 of 530 H. Notwithstanding any other provision of this chapter, fences shall not be located in any future right of way dedication area, and setbacks shall be measured from any planned future street line, as determined by the Public Works Department. I. If the Director of Community Development determines that a proposed fence is widely visible to public view and has the potential to create impacts on the visual character of an area (for example, blocks public views from the valley floor to the hills or an open space reserve), then the proposed fence shall comply with the requirements in Sections 19.48.030FD(1)(b) & 19.48.030FD(2) regardless of lot size. 19.48.040 ‐ Fence Design Requirements. A. Prohibited Materials: The following materials shall be considered “Prohibited Materials” for purposes of this Chapter: 1. Unless required by law or regulation of the City, State or Federal Government, barbed wire, razor wire, chicken wire and similar small‐gauge wire or mesh product, and/or electrified fencing are prohibited. 2. Fences made of non‐engineered plastic, fabric membranes, cloth, canvas, plywood, uncoated cyclone/chain link, and reed or bamboo with sticks and slats smaller than four inches in width are prohibited, unless located in areas not visible from public areas or adjacent properties. B. Allowed Materials: Allowed materials include, but are not limited to wood, engineered plastic, vinyl coated cyclone/chain link, metal (e.g. wrought iron), brick, block, stone, and other comparable (safe and commercially acceptable) materials intended for fence use. C. Material colors shall be natural earth tone and/or vegetation colors including natural hues of brown, green and shades of gray and shall have a reflectivity value of 60 or less. D. Other materials, except Prohibited Materials, may be allowed if deemed appropriate through Design Review approval. E. The area between the back of curb and any fencing shall be landscaped, with a suitable permanent irrigation system where necessary, or have pervious flatwork, and be continuously maintained by the property owner. F. General Maintenance: All fences adjacent to a street, sidewalk, or public right‐of‐way shall be continuously maintained free of visible and structural defects. 19.48.050 ‐ Proximity of Plants and Fences to Public Streets. The proximity of plants and fences to public streets shall be controlled by the provisions of Chapter 14.08 of the Municipal Code. 494 CC 06-04-2024 494 of 530 19.48.0460 ‐ Roadway and Driveway Gates. Roadway and Driveway gates are allowed if they comply with the Fire Department Standard Details and Specifications for Security Gates for access roadways and driveways and the criteria in Sections 19.48.969(A)‐(C). Roadway and drivewayTable 19.48.040 or the gates were in existence prior to September 20, 1999, with necessary permits to install them, are permitted to be replacedif needed. All unpermitted roadway and driveway gates must comply with the regulations outlined below, when replaced. Table 19.48.060: Roadway and Driveway Gate Regulations A. All Residential Districts, Except RHS: 1. A driveway gate meeting all of the following requirements may be installed, subject to building permit approval: a. The driveway gate shall be set back as follows: i. Interior and Corner Lots: A minimum distance of 20 feet or in accordance with Fire Code standards, whichever is larger, and measured from the front and/or street side property lines, from the future street line, or from the property line after right‐of‐way dedication area as determined by the Public Works Department. However, in no case shall the driveway gate be located in front of the building wall line of a primary structure nearest to the right of way; ii. Flag Lots: A minimum distance of 20 feet or in accordance with Fire Code standards, whichever is larger and measured from the property line closest to the street, from the future street line, or from the property line after right‐of‐way dedication area as determined by the Public Works Department. b. The driveway gate shall meet all height regulations described in Section 19.48.030; and c. The driveway gate shall not be located in any required corner triangle or sidewalk sight triangles; and d. The driveway gate shall not impede required paths of travel for compliance with the State and Federal law; and e. No more than one driveway gate shall be allowed per property; and f. The driveway gate opening shall not be wider than 20 feet; and g. The driveway gate shall not be located in a driveway for a side entering garage; and 495 CC 06-04-2024 495 of 530 h. The driveway gate shall not be located in a manner which interferes with the required open off‐street parking on a site; and i. The driveway gate shall meet the fence design requirements outlined in Section 19.48.040 and shall not make use of collapsible materials (e.g. scissor gates); and j. Driveway gates shall meet the regulations of any applicable Special Area Plan, Design Guidelines, or conceptual development plan; and k. The Fire Department shall approve the locking mechanism and location of the gate. 2. A Fence Exception shall be obtained for any driveway gates that do not meet the standards outlined above. These driveway gates shall meet all the following: a. The driveway gate shall be setback a minimum distance of 20 feet from the front and/or street side property lines, from the future street line, or from the property line after right‐of‐way dedication area as determined by the Public Works Department, whichever is greater, and not be located on or along any property line; and b. The Applicant must provide documented evidence that the gates are needed for demonstrated security and/or demonstrated safety reasons, which would not otherwise be mitigated by placing a fence or driveway gate in a manner permitted by the Municipal Code; and c. The Fire Department approves the locking mechanism and location of the gate. B. RHS Zoning District: 1. Roadway and Driveway Gates may be used to control access to private roads and driveways provided that the design of the gate, including location, dimension and the locking mechanism, are approved by the Director of Community Development after consultation with the Fire Department. C. Other Development: 1. A driveway gate meeting all of the following requirements may be installed, subject to Administrative Design Review approval. All driveway gates shall: a. Be setback a minimum distance of 20 feet from front and/or street side property lines. However, under no circumstances 496 CC 06-04-2024 496 of 530 shall the gate be located closer to the property line than the location of the building wall of the primary building located on the property; and b. Not be located in any corner triangle or driveway sight triangle; and c. Not be installed in any parking area or portion of parking facilities designated for commercial, retail parking, and/or customer serving office, 2. An at‐grade driveway gate shall: a. Be no taller than seven feet in height; b. Utilize architecturally decorative and at least 50% open materials; and c. Secure an open, surface parking lot which is largely obscured from views from the right‐of‐way by existing structures and serves a private use (e.g. church, office, multiple‐family development); 3. Driveway gates for parking structures and below grade parking shall be allowed: a. When proposed to assure availability of parking for different uses (e.g. separating office and residential parking) in a shared parking structure; b. When proposed to secure access for a single, private use; 4. The driveway gate is required as a condition of approval of obtaining federal or state funding for development; 5. The driveway gate shall meet the fence design requirements outlined in Section 19.48.040 and shall not make use of collapsible materials (e.g. scissor gates); and 6. The Fire Department shall approve the locking mechanism and location of the gate. 7. A Fence Exception shall be obtained for any driveway gates that do not meet the standards outlined above, prior to issuance of building permits. Roadway and driveway gates that do not meet the standards outlined above may be approved through a Fence Exception only if the development can adequately justify that the 497 CC 06-04-2024 497 of 530 proposed gates are needed for demonstrated security and/or demonstrated safety reasons. Table 19.48.040: Roadway and Driveway Gates A. R‐1, R2 and R3 Zoning District A driveway gate may be installed after a Fence Exception is obtained and shall meet the following: 1. Driveway gate shall be setback a minimum of 30 feet from the front and/or street side property lines; 2. Applicant must provide evidence that the gates are needed for demonstrated security and/or demonstrated safety reasons; and 3. The Fire Department approves the locking mechanism and location of the gate. B. RHS Zoning District Gates may be used to control access to private roads and driveways provided that the design of the gate, including location, dimension and the locking mechanism, are approved by the Director of Community Development after consultation with the Fire Department. C. Other Properties Roadway and driveway gates may be approved through a fence exception if the development meets any one of the following conditions: 1. Is a mixed‐use development, where the parking for different uses needs to be separated to assure availability of parking for each use 2. If a development include below‐grade parking structure, where the gates are required to secure the below‐grade parking; 3. If the gates are required for a development to obtain federal or State funding; 4. If the development is secluded; 5. If the gates are needed for demonstrated security and/or demonstrated safety reasons. D. Property located in other residentially zoned areas In addition to the requirements of Section 19.48.040C, the application shall also be subject to the requirements of 19.48.040A. 19.48.050 ‐ Proximity of Plants and Fences to Public Streets. The proximity of plants and fences to public streets shall be controlled by the provisions of Chapter 14.08 of the Municipal Code. 19.48.0670 ‐ Exceptions–Findings. Where practical difficulties, unnecessary hardships, or results inconsistent with the purpose and intent of this chapter result from the strict application of the provisions hereof, exceptions may be granted as provided in Chapter 19.12, and this section for all zoning districts except the RHS 498 CC 06-04-2024 498 of 530 Zoning District, in which case a Hillside Exception must be obtained in accord with the requirements of Section 19.40.040 and Section 19.40.070. The Approval Body may grant a request for a Fence Ethe exception only if all based upon the following findings can be made: A. The literal enforcement of the provisions of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter and the proposed development is otherwise consistent with the City's General Plan and with the purpose of this chapter as described in Section 19.48.010. B. The granting of the exception will not result in a condition which is materially detrimental to the public health, safety or welfare or result in a hazardous condition for pedestrian and vehicular traffic. C. The exception to be granted is one that will require the least modification of the prescribed regulation and the minimum variance that will accomplish the purpose. D. The proposed exception will not result in a hazardous condition for pedestrian and vehicular traffic. E. The proposed development is otherwise consistent with the City's General Plan and with the purpose of this chapter as described in Section 19.48.010. D. When driveway, roadway, and structured parking gates not meeting allowed standards are proposed: The proposed development meets the requirements of the Santa Clara Fire Department and Sheriff's Department, and if security gates are proposed, that attempts are made to standardize access. E. When fences and gates that exceed allowable height limitations are proposed: The fence height for the proposed residential fence is needed to ensure adequate screening and/or privacy. 19.48.0780 ‐ Temporary Fences for Construction. A. The Chief Building Official may require persons constructing structures in the Ccity to erect and maintain temporary fences around all or a portion of the construction site in order to secure the site from entry by the general public. Any such fencing may only be erected during the time a valid building permit is issued for construction. B. Temporary fences are not required to comply with the location requirements of Section 19.48.030 but shall not be located in any corner or sidewalk sight triangle. C. Temporary fence materials are restricted to non‐combustible materials and must screen construction activities. Temporary fence materials shall be consistent with the prohibited and allowed materials outlined in Section 19.48.040 (A) and (B), except that uncoated cyclone/chain link fences may be allowed. D. All fences adjacent to a street, sidewalk, or public right‐of‐way shall be continuously maintained free of visible and structural defects. 499 CC 06-04-2024 499 of 530 19.48.0890 ‐ Violation–Penalty. Any person who violates the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12. 19.48.090 ‐ Prohibited Fences. Barbed wire, razor wire, and/or electrified fencing are prohibited unless required by law or regulation of the City, State or Federal Government. 2. Amend or add the following definitions in Section 19.08.030 of the Municipal Code to read as follows: “Accessory structure” means a subordinate structure, the use of which is purely incidental to that of the main building and which shall not contain living or sleeping quarters. Examples include a deck, tennis courts, freestanding trellis, light post, or car shelter. Fences eight feet or less or minor ornamental entry features structurally integrated as part of a fence are excluded. "Fence" means a man-made structure, including a wall, or a hedge, which is designed, intended or used to protect, defend or obscure the interior property of the owner from the view, trespass or passage of others upon that property. "Fence height" means the vertical distance from the highest point of the fence (excluding including post caps) to the lowest adjoining natural grade or finished grade as permitted through an approved permit adjoining the fence. In a case where the finish grade is different for each face side of the fence, the natural or approved final grade with the highest elevation shall be utilized in determining the fence height. “Hedge” means a dense grouping of shrubs or trees that form a substantially continuous screen or boundary, intended or used to protect, defend or obscure the interior property of the owner from the view, trespass or passage of others upon that property. "Residential district," for purposes of the Sign and Fence Ordinances, means the R1, RHS, R2, R3, R1C, A, and A1 zoning classifications which are consistent with the residential designation of the Cupertino general plan. "Sidewalk site sight triangle" is a triangular shaped area described in Cupertino Standard Detail 7-6. (See Appendix C, Cupertino Standard Detail; Sidewalk Site Sight Triangle (Sidewalk Clearance at Driveway) 500 CC 06-04-2024 500 of 530 3. Amend Section 19.12.030 Approval Authority, to modify the following: Type of Permit or Decision A, B Admini‐ strative Review Arts and Culture Commission Planning Commission City Council Public Hearing/ Public Meeting/ Comment Period C Noticing Radius D Posted Site Notice Expir‐ ation Date E Chapter/ Findings Fence Exception s F - A1 A1 L PM 19.12.110/ Adjacent Yes 1 year 19.48.0670 501 CC 06-04-2024 501 of 530 Street Appendix A: Fence Locations S t r e e t 40’ Corner TriangleFront Yard Driveway Driveway Driveway 12’ 10’ 5’ Up to 3 foot fence allowed Up to 7 foot fence allowed (hedges exempt in interior side and rear yards) Up to 8 foot with neighbor approval and Building Permit Front Yard Notes For a corner lot, the yard area adjacent to the shortest lot line abutting a street is the front yard area Fence height includes lattices. Minor ornamental entry features are allowed in yards abutting a street lot line. See section 19.48.030(G) for additional regulations.Updated June 2024 Sidewalk S i d e w a l k Sight Triangle Sight Triangle 502 CC 06-04-2024 502 of 530 ATTACHMENT B PPROPOSED AMENDMENTS (REDLINES WITH ANNOTATIONS) The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows: Text added to existing provisions is shown in bold double-underlined text (example) and text to be deleted in shown in strikethrough (example). Relocated text is shown in green (example). Text in existing provisions is not amended or readopted by this Ordinance. Text in italics is explanatory and is not an amendment to the Code. 1. Amend Chapter 19.48 Fences to modify or add the following: 19.48.010 Purpose. 19.48.020 Fence Location and Height for in All Zones Except R1, RHS, R2, and R3 (up to Four Units) Requiring Design Review. 19.48.030 Fence Location and Height for Zones Properties Not Requiring Design Review. 19.48.040 Fence Design Requirements. 19.48.040 Roadway and Driveway Gates. 19.48.050 Proximity of Plants and Fences to Public Streets. 19.48.060 Roadway and Driveway Gates. 19.48.0670 Exceptions–Findings. 19.48.0780 Temporary Fences for Construction. 19.48.0890 Violation–Penalty. 19.48.090 Prohibited fences. * For statutory provisions making fences taller than ten feet a nuisance, see Civil Code § 841.4. Prior ordinance history: Ords. 112, 686, 852, 1179, 1630, 1637 and 1777. 19.48.010 - Purpose. The purpose of this chapter is to regulate the location and height of fences and vegetation in yards of all zoning districts in order to protect the safety, privacy, and property values of residents and owners of properties within any zoning district of the City, including but not limited to residential, commercial, offices, institutional, industrial and/or agricultural properties. 19.48.020 - Fence Location and Height for in All Zones Except R1, RHS, R2, and R3 (up to Four Units) Requiring Design Review. A. Design Review shall be required for projects in all zoning districts except R1, RHS, R2, and R3 (with up to four units). B. The Approval Body for a proposed project shall have the authority to require, approve, or disapprove wall and fencing plans including location, height, and materials in all zones requiring design review. Where an Approval Body is not identified, the Director of C l a r i f i c a t i o n New Section Reordered to Section 19.48.060 Incorporated into Section 19.48.040 Relocated to Section 19.48.020 Clarification made to fence definition C l a r i f i c a t i o n s 503 CC 06-04-2024 503 of 530 Community Development, or his or her designee, shall have the authority to require, approve, or disapprove fencing plans and design. C. The basic Ddesign Rreview guidelines for the review of fences and walls are as follows: 1. Fences and walls separating commercial, industrial, offices, and institutional zones from residential zones shall be constructed at a height and with materials designed to: a. Acoustically isolate part of or all noise emitted by future uses within the commercial, industrial, offices, or institutional zones. The degree of acoustical isolation shall be determined during the design review process comply with the standards of Chapter 10.48. b. Ensure visual privacy for adjoining residential dwelling units. 2. Fences and walls shall be designed in a manner to provide for sight visibility at private and public street intersections (i.e. corner triangles or any sidewalk sight triangle). 3. Fence design shall be consistent with the standards outlined in this Title for the applicable zone. 4. Fences shall meet the regulations of any applicable Special Area Plan, Design Guidelines, or conceptual development plan. 5. At no point shall fence height exceed 10 feet without a Fence Exception* *For statutory provisions regarding fences taller than ten feet in height, see Civil Code § 841.4. 19.48.030 - Fence Location and Height for Zones Properties Not Requiring Design Review. Table 19.48.030 sets forth the rules and regulations pertaining to fences in zones on properties where design review is not required. Appendix A is a visual representation of the provisions of Section 19.48.030(A)–(C). The Director of Community Development is authorized to administratively make changes to Appendix A to clarify the intent of these provisions. Table 19.48.030: Fence Location and Regulations 6 7 foot high fence 3 foot high fence A. Front Yard Not within required setback area, corner triangle, or sidewalk sight triangle. Along any property line, in any required setback area, or in corner triangle, or sidewalk sight triangle. B. Rear Yard Along property line or in required setback area, except not allowed in any corner triangle or sidewalk sight triangle. C. Side Yard 1. Interior residential lots: Along property line or in required setback area 2. Corner residential lots: Specification of standard C l a r i f i c a t i o n s Relocation of existing standard Appendix A added for public reference Height increased to align with Building Code and streamline Clarification 504 CC 06-04-2024 504 of 530 a. Interior side: Along property line or in required setback area b. Street side: i. If the rear property line adjoins a rear property line: S , the setback from the side property line: shall be 5 feet. ii. If the rRear property line adjoins a side property line of a key lot: I, in addition to i. above, setback from street side property line, within 10 feet of adjacent property line: shall be 12 feet. D. Additional Rregulations for Residential Hillside, and Open Space Zoning Districts, and R1 Properties with an Average Slope Over 20% 1. Open Fencing (composed of materials which result in a minimum of 75% visual transparency), sShall be unrestricted but shall be subject to the regulations in 19.48.030(A) – (D). 2. Solid Board All Other Fencing which otherwise meets the regulations in Section 19.48.030(A)-(C): a. Net lot area < 130,000 square feet: Shall nNot be limited but shall be subject to the regulations in 19.48.030(A) – (D). b. Net lot area > 130,000 square feet: 5,000 square feet (excluding the principal building) of net lot area may be enclosed with solid board fencing subject to 19.48.030(A) – (D). E. In areas where a six (6) seven (7) foot fence is allowed, an up to eight (8) foot high fence can be constructed, subject to building permit approval and upon receipt of written approval from adjacent abutting property owners. F. Hedges exceeding seven (7) feet in height are allowed within interior side and rear yards. G. Minor ornamental entry features (e.g. arbor, trellis, entry gates, light fixtures meeting the requirements of Chapter 19.102). 1. Shall only be included in design of fences within a yard abutting a street lot line; and 2. Shall be limited to one entry feature per street frontage; and 3. Must be incorporated into the fence design, structurally a component of the fence, and shall not be considered an additional allowance for an accessory structure within required setbacks; and 4. Shall be no taller than eight (8) feet and shall not exceed a cumulative area of twenty-five (25) square feet; and 5. Shall not be located in any required flag lot access area, access easement, corner triangle, or sidewalk sight triangle; and 6. When viewed from the street, the feature shall be no wider than: a. Six (6) feet on lots with less than 60 feet of street frontage, or b. Eight (8) feet on lots with 60 feet or more of street frontage. Formatting General Plan and internal consistency Height increased to match Building Code and streamline Hedges updated to reflect PC comments Standards to allow features to streamline process 505 CC 06-04-2024 505 of 530 H. Notwithstanding any other provision of this chapter, fences shall not be located in any future right of way dedication area, and setbacks shall be measured from any planned future street line, as determined by the Public Works Department. I. If the Director of Community Development determines that a proposed fence is widely visible to public view and has the potential to create impacts on the visual character of an area (for example, blocks public views from the valley floor to the hills or an open space reserve), then the proposed fence shall comply with the requirements in Sections 19.48.030FD(1)(b) & 19.48.030FD(2) regardless of lot size. 19.48.040 - Fence Design Requirements. A. Prohibited Materials: The following materials shall be considered “Prohibited Materials” for purposes of this Chapter: 1. Unless required by law or regulation of the City, State or Federal Government, barbed wire, razor wire, chicken wire and similar small-gauge wire or mesh product, and/or electrified fencing are prohibited. 2. Fences made of non-engineered plastic, fabric membranes, cloth, canvas, plywood, uncoated cyclone/chain link, and reed or bamboo with sticks and slats smaller than four inches in width are prohibited, unless located in areas not visible from public areas or adjacent properties. B. Allowed Materials: Allowed materials include, but are not limited to wood, engineered plastic, vinyl coated cyclone/chain link, metal (e.g. wrought iron), brick, block, stone, and other comparable (safe and commercially acceptable) materials intended for fence use. C. Material colors shall be natural earth tone and/or vegetation colors including natural hues of brown, green and shades of gray and shall have a reflectivity value of 60 or less. D. Other materials, except Prohibited Materials, may be allowed if deemed appropriate through Design Review approval. E. The area between the back of curb and any fencing shall be landscaped, with a suitable permanent irrigation system where necessary, or have pervious flatwork, and be continuously maintained by the property owner. F. General Maintenance: All fences adjacent to a street, sidewalk, or public right-of-way shall be continuously maintained free of visible and structural defects. 19.48.050 - Proximity of Plants and Fences to Public Streets. The proximity of plants and fences to public streets shall be controlled by the provisions of Chapter 14.08 of the Municipal Code. C l a r i f i c a t i o n s Standards for internal consistency and consistency in application Reordered, no changes 506 CC 06-04-2024 506 of 530 19.48.0460 - Roadway and Driveway Gates. Roadway and Driveway gates are allowed if they comply with the Fire Department Standard Details and Specifications for Security Gates for access roadways and driveways and the criteria in Sections 19.48.969(A)-(C). Roadway and drivewayTable 19.48.040 or the gates were in existence prior to September 20, 1999, with necessary permits to install them, are permitted to be replacedif needed. All unpermitted roadway and driveway gates must comply with the regulations outlined below, when replaced. Table 19.48.060: Roadway and Driveway Gate Regulations A. All Residential Districts, Except RHS: 1. A driveway gate meeting all of the following requirements may be installed, subject to building permit approval: a. The driveway gate shall be set back as follows: i. Interior and Corner Lots: A minimum distance of 20 feet or in accordance with Fire Code standards, whichever is larger, and measured from the front and/or street side property lines, from the future street line, or from the property line after right-of- way dedication area as determined by the Public Works Department. However, in no case shall the driveway gate be located in front of the building wall line of a primary structure nearest to the right of way; ii. Flag Lots: A minimum distance of 20 feet or in accordance with Fire Code standards, whichever is larger and measured from the property line closest to the street, from the future street line, or from the property line after right-of-way dedication area as determined by the Public Works Department. b. The driveway gate shall meet all height regulations described in Section 19.48.030; and c. The driveway gate shall not be located in any required corner triangle or sidewalk sight triangles; and d. The driveway gate shall not impede required paths of travel for compliance with the State and Federal law; and e. No more than one driveway gate shall be allowed per property; and f. The driveway gate opening shall not be wider than 20 feet; and g. The driveway gate shall not be located in a driveway for a side entering garage; and Modified standards to streamline approval process and provide clear development requirements 507 CC 06-04-2024 507 of 530 h. The driveway gate shall not be located in a manner which interferes with the required open off-street parking on a site; and i. The driveway gate shall meet the fence design requirements outlined in Section 19.48.040 and shall not make use of collapsible materials (e.g. scissor gates); and j. Driveway gates shall meet the regulations of any applicable Special Area Plan, Design Guidelines, or conceptual development plan; and k. The Fire Department shall approve the locking mechanism and location of the gate. 2. A Fence Exception shall be obtained for any driveway gates that do not meet the standards outlined above. These driveway gates shall meet all the following: a. The driveway gate shall be setback a minimum distance of 20 feet from the front and/or street side property lines, from the future street line, or from the property line after right-of-way dedication area as determined by the Public Works Department, whichever is greater, and not be located on or along any property line; and b. The Applicant must provide documented evidence that the gates are needed for demonstrated security and/or demonstrated safety reasons, which would not otherwise be mitigated by placing a fence or driveway gate in a manner permitted by the Municipal Code; and c. The Fire Department approves the locking mechanism and location of the gate. B. RHS Zoning District: 1. Roadway and Driveway Gates may be used to control access to private roads and driveways provided that the design of the gate, including location, dimension and the locking mechanism, are approved by the Director of Community Development after consultation with the Fire Department. C. Other Development: 1. A driveway gate meeting all of the following requirements may be installed, subject to Administrative Design Review approval. All driveway gates shall: a. Be setback a minimum distance of 20 feet from front and/or street side property lines. However, under no circumstances shall the Modified standards to streamline approval process and provide clear development requirements 508 CC 06-04-2024 508 of 530 gate be located closer to the property line than the location of the building wall of the primary building located on the property; and b. Not be located in any corner triangle or driveway sight triangle; and c. Not be installed in any parking area or portion of parking facilities designated for commercial, retail parking, and/or customer serving office, 2. An at-grade driveway gate shall: a. Be no taller than seven feet in height; b. Utilize architecturally decorative and at least 50% open materials; and c. Secure an open, surface parking lot which is largely obscured from views from the right-of-way by existing structures and serves a private use (e.g. church, office, multiple-family development); 3. Driveway gates for parking structures and below grade parking shall be allowed: a. When proposed to assure availability of parking for different uses (e.g. separating office and residential parking) in a shared parking structure; b. When proposed to secure access for a single, private use; 4. The driveway gate is required as a condition of approval of obtaining federal or state funding for development; 5. The driveway gate shall meet the fence design requirements outlined in Section 19.48.040 and shall not make use of collapsible materials (e.g. scissor gates); and 6. The Fire Department shall approve the locking mechanism and location of the gate. 7. A Fence Exception shall be obtained for any driveway gates that do not meet the standards outlined above, prior to issuance of building permits. Roadway and driveway gates that do not meet the standards outlined above may be approved through a Fence Exception only if the development can adequately justify that the proposed gates are needed for demonstrated security and/or demonstrated safety reasons. Modified standards to streamline approval process and provide clear development requirements 509 CC 06-04-2024 509 of 530 Table 19.48.040: Roadway and Driveway Gates A. R-1, R2 and R3 Zoning District A driveway gate may be installed after a Fence Exception is obtained and shall meet the following: 1. Driveway gate shall be setback a minimum of 30 feet from the front and/or street side property lines; 2. Applicant must provide evidence that the gates are needed for demonstrated security and/or demonstrated safety reasons; and 3. The Fire Department approves the locking mechanism and location of the gate. B. RHS Zoning District Gates may be used to control access to private roads and driveways provided that the design of the gate, including location, dimension and the locking mechanism, are approved by the Director of Community Development after consultation with the Fire Department. C. Other Properties Roadway and driveway gates may be approved through a fence exception if the development meets any one of the following conditions: 1. Is a mixed-use development, where the parking for different uses needs to be separated to assure availability of parking for each use 2. If a development include below-grade parking structure, where the gates are required to secure the below-grade parking; 3. If the gates are required for a development to obtain federal or State funding; 4. If the development is secluded; 5. If the gates are needed for demonstrated security and/or demonstrated safety reasons. D. Property located in other residentially zoned areas In addition to the requirements of Section 19.48.040C, the application shall also be subject to the requirements of 19.48.040A. 19.48.050 - Proximity of Plants and Fences to Public Streets. The proximity of plants and fences to public streets shall be controlled by the provisions of Chapter 14.08 of the Municipal Code. 19.48.0670 - Exceptions–Findings. Where practical difficulties, unnecessary hardships, or results inconsistent with the purpose and intent of this chapter result from the strict application of the provisions hereof, exceptions may be granted as provided in Chapter 19.12, and this section for all zoning districts except the RHS Zoning District, in which case a Hillside Exception must be obtained in accord with the requirements of Section 19.40.040 and Section 19.40.070. The Approval Body may grant a request for a Fence Ethe exception only if all based upon the following findings can be made: Standards incorporated into Table 19.48.060 Relocated 510 CC 06-04-2024 510 of 530 A. The literal enforcement of the provisions of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter and the proposed development is otherwise consistent with the City's General Plan and with the purpose of this chapter as described in Section 19.48.010. B. The granting of the exception will not result in a condition which is materially detrimental to the public health, safety or welfare or result in a hazardous condition for pedestrian and vehicular traffic. C. The exception to be granted is one that will require the least modification of the prescribed regulation and the minimum variance that will accomplish the purpose. D. The proposed exception will not result in a hazardous condition for pedestrian and vehicular traffic. E. The proposed development is otherwise consistent with the City's General Plan and with the purpose of this chapter as described in Section 19.48.010. D. When driveway, roadway, and structured parking gates not meeting allowed standards are proposed: The proposed development meets the requirements of the Santa Clara Fire Department and Sheriff's Department, and if security gates are proposed, that attempts are made to standardize access. E. When fences and gates that exceed allowable height limitations are proposed: The fence height for the proposed residential fence is needed to ensure adequate screening and/or privacy. 19.48.0780 - Temporary Fences for Construction. A. The Chief Building Official may require persons constructing structures in the Ccity to erect and maintain temporary fences around all or a portion of the construction site in order to secure the site from entry by the general public. Any such fencing may only be erected during the time a valid building permit is issued for construction. B. Temporary fences are not required to comply with the location requirements of Section 19.48.030 but shall not be located in any corner or sidewalk sight triangle. C. Temporary fence materials are restricted to non-combustible materials and must screen construction activities. Temporary fence materials shall be consistent with the prohibited and allowed materials outlined in Section 19.48.040 (A) and (B), except that uncoated cyclone/chain link fences may be allowed. D. All fences adjacent to a street, sidewalk, or public right-of-way shall be continuously maintained free of visible and structural defects. 19.48.0890 - Violation–Penalty. Any person who violates the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12. Clarifying applicability and consolidating similar findings Clarifications 511 CC 06-04-2024 511 of 530 19.48.090 - Prohibited Fences. Barbed wire, razor wire, and/or electrified fencing are prohibited unless required by law or regulation of the City, State or Federal Government. 2. Amend or add the following definitions in Section 19.08.030 of the Municipal Code to read as follows: “Accessory structure” means a subordinate structure, the use of which is purely incidental to that of the main building and which shall not contain living or sleeping quarters. Examples include a deck, tennis courts, freestanding trellis, light post, or car shelter. Fences eight feet or less or minor ornamental entry features structurally integrated as part of a fence are excluded. "Fence" means a man-made structure, including a wall, or a hedge, which is designed, intended or used to protect, defend or obscure the interior property of the owner from the view, trespass or passage of others upon that property. "Fence height" means the vertical distance from the highest point of the fence (excluding including post caps) to the lowest adjoining natural grade or finished grade as permitted through an approved permit adjoining the fence. In a case where the finish grade is different for each face side of the fence, the natural or approved final grade with the highest elevation shall be utilized in determining the fence height. “Hedge” means a dense grouping of shrubs or trees that form a substantially continuous screen or boundary, intended or used to protect, defend or obscure the interior property of the owner from the view, trespass or passage of others upon that property. "Residential district," for purposes of the Sign and Fence Ordinances, means the R1, RHS, R2, R3, R1C, A, and A1 zoning classifications which are consistent with the residential designation of the Cupertino general plan. "Sidewalk site sight triangle" is a triangular shaped area described in Cupertino Standard Detail 7-6. (See Appendix C, Cupertino Standard Detail; Sidewalk Site Sight Triangle (Sidewalk Clearance at Driveway) Incorporated into Section 19.48.040 Internal consistency and clarifications 512 CC 06-04-2024 512 of 530 3. Amend Section 19.12.030 Approval Authority, to modify the following: Type of Permit or Decision A, B Admini- strative Review Arts and Culture Commission Planning Commission City Council Public Hearing/ Public Meeting/ Comment Period C Noticing Radius D Posted Site Notice Expir- ation Date E Chapter/ Findings Fence Exception s F - A1 A1 L PM 19.12.110/ Adjacent Yes 1 year 19.48.0670 Internal consistency 513 CC 06-04-2024 513 of 530 Street Appendix A: Fence Locations S t r e e t 40’ Corner TriangleFront Yard Driveway Driveway Driveway 12’ 10’ 5’ Up to 3 foot fence allowed Up to 7 foot fence allowed (hedges exempt in interior side and rear yards) Up to 8 foot with neighbor approval and Building Permit Front Yard Notes For a corner lot, the yard area adjacent to the shortest lot line abutting a street is the front yard area Fence height includes lattices. Minor ornamental entry features are allowed in yards abutting a street lot line. See section 19.48.030(G) for additional regulations.Updated June 2024 Sidewalk S i d e w a l k Sight Triangle Sight Triangle 514 CC 06-04-2024 514 of 530 CITY OF CUPERTINO Agenda Item 24-13197 Agenda Date: 6/18/2024 Agenda #: 14. Subject:Future agenda items requested by City Councilmembers (“TBD List”) Review the TBD list and modify the list as recommended below Presenter: Pamela Wu, City Manager CITY OF CUPERTINO Printed on 6/12/2024Page 1 of 1 powered by Legistar™515 CC 06-04-2024 515 of 530 1 CITY COUNCIL STAFF REPORT Meeting: June 18, 2024 Subject Future agenda items requested by City Councilmembers (“TBD List”). Recommended Action Review the TBD list and modify the list as recommended below. Reasons for Recommendation As required per the Council’s adopted Procedures Manual, the City Manager provide s a quarterly report to Council regarding the status of future agenda items. These are items that two Councilmembers have requested to be added to a future City Council agenda. On March 5, 2024, staff presented a list of four TBD items for Council consideration. Council voted to remove one item regarding moving Council meetings to Wednesday’s and retain the other three items on the list until the next update. These are the first three items in the table below. The list below also includes new items that have been added since the March 5, 2024 update. Any item may be removed by a majority vote of the City Council. The most current TBD list and staff recommendation for each of them follows: # When TBD Item was added by whom Subject Recommendation 1 Moore and Chao added in October 2023 and May 2024 Retained from March per Council direction Review of City Treasurer Resolution including appointment, function, and process for ratifying accounts payable Staff recommends adding this item as a potential City Work Program item for FY 25. 516 CC 06-04-2024 516 of 530 2 2 Moore and Chao added in November 2023 Retained from March per Council direction Public Facilities Corporation’s (PFC) tax-exempt status No further action required. At the 3/5 Council meeting, Council voted to agendize the annual meeting of the PFC. This meeting has been agendized for 11/18/24. An informational memorandum was provided to Council in December 2023 and in April 2024. Staff recommends removing this item. 3 Moore and Chao added February 2024 Retained from March per Council direction Housing Element Study Session No further action required. Housing Element adopted. 4 Moore and Chao added May 2024 Review the budgeted “headcount” for City employees Staff recommends removing this item as this was discussed during the proposed budget study session at the 5/21 City Council meeting. 5 Moore and Chao added May 2024 Review of City Organization Chart and City Treasurer and City Attorney positions Staff recommends removing this item as this was addressed at the 5/21 and the 6/4 City Council meetings during the budget item. Citizens of Cupertino will be added back to the final budget organization chart. 6 Moore and Chao added July 2023 Retained due to modified recommendation Nexus study for traffic impact fee Staff recommends adding this item and potentially other impact fees nexus studies as a potential City Work Program item for FY 25. 517 CC 06-04-2024 517 of 530 3 7 Moore and Chao added May 2024 Review the City’s financial policy and best practices No further action required. Staff will provide an informational memorandum or Council report depending the recommended changes on the investment policy and best practices in the Fall. Staff will review adding more restrictive language on minimum cash balances. 8 Moore and Chao added March 2024 Revisit the Greenbiz Cupertino standards. No further action required. An informational memorandum was provided and posted online in April 2024. 9 Moore and Chao added March 2024 Study session on banning artificial turf given the environmental concerns. Staff will provide an informational memorandum to Council on artificial turf. Sustainability Impact No sustainability impact. Fiscal Impact No fiscal impact. California Environmental Quality Act Not applicable. _____________________________________ Prepared by: Astrid Robles, Senior Management Analyst Reviewed by: Tina Kapoor, Deputy City Manager Chris Jensen, City Attorney Approved for Submission by: Pamela Wu, City Manager 518 CC 06-04-2024 518 of 530 CITY OF CUPERTINO Agenda Item 23-12677 Agenda Date: 6/18/2024 Agenda #: 15. Subject: Councilmember Reports CITY OF CUPERTINO Printed on 6/12/2024Page 1 of 1 powered by Legistar™519 CC 06-04-2024 519 of 530 1 CITY COUNCIL ACTIVITY REPORT Meeting: June 18, 2024 Reporting Councilmember: Vice Mayor J.R. Fruen Report Activity Dates: 5/28/24 to 6/10/24 Event Date, Title, and Description: Event 1. May 29, 2024 – AANHPI History Month Community Panel Discussion hosted by Rep. Ro Khanna – I attended this forum discussion on Asian-American inclusion and representation hosted at the Quinlan Center through the office of California Congressional District 17 Representative Ro Khanna. The forum discussion featured both Rep. Khanna and California State Assemblymember Alex Lee in conversation about their experiences in public office and policy initiatives aimed at the full inclusion of Asian-American, Native Hawaiian, and Pacific Islanders in American public life. Event 2. May 30, 2024 – Silicon Valley at Home’s Happy Houser Event – Marquee affordable housing advocacy organization Silicon Valley at Home hosted this mixer event to celebrate a successful Affordable Housing Month. The event was broadly attended by an array of advocates, policymakers, academics, and nonprofit representatives. Event 3. May 31, 2024 – Meeting with the City Manager – I attended my regular weekly meeting with the City Manager to go over upcoming council agendas and to discuss ongoing issues, including constituent matters. Event 4. June 1, 2024 – Cupertino Little League Closing Ceremonies – Our local baseball Little League held its closing ceremonies for 2024 at Wilson Park. The league awarded trophies to players for achievements great and small and recognized the many contributions of parents to the functioning of the organization. Mayor Mohan gave a brief speech to commemorate the occasion and we were joined by Councilmember Moore, and Parks and Recreation Commissioners Shearin, Bono, and Stanek in support. 520 CC 06-04-2024 520 of 530 City Council Councilmember Activity Report 2 Event 5. June 3, 2024 – Meeting with the City Manager and CDD Staff – I attended a meeting of the City Manager and Community Development Department staff (Luke Connolly and Piu Ghosh) to discuss upcoming zoning code amendments designed to implement the Housing Element. Event 6. June 5, 2024 – Foothill-De Anza Community College District Pride Flag Raising Ceremony – Together with other local elected officials, I attended the annual Pride Flag Raising Ceremony at the FHDA Community College District Office. Event 7. June 6, 2024 – Cupertino High School Commencement Ceremony – I attended the graduation ceremony for the Cupertino High School Class of 2024. Event 8. June 7, 2024 – Meeting with the City Manager – I attended my regular weekly meeting with the City Manager to go over upcoming council agendas and to discuss ongoing issues, including constituent matters. Event 9. June 7, 2024 – Cupertino Pride Flag Raising Ceremony – Together with Mayor Mohan and Councilmember Moore, I spoke at the annual City of Cupertino Pride Flag Raising Ceremony. For the first time, we raised the Progress Pride Flag to celebrate the inclusion of our trans residents and community members. 521 CC 06-04-2024 521 of 530 1 CITY COUNCILMEMBER REPORT Meeting: June 18, 2024 Reporting Councilmember: Mayor Sheila Mohan Report Dates: 5/29/24 to 6/10/24 Item Date, Title, and Description: 5/30/24: I met on zoom with Jaria Jaug, Director, Working Partnerships USA who is requesting the City to support a resolution in support of commitment to affordable childcare. This was in anticipation of a November 2024 ballot measure proposing to raise wages for childcare providers. 5/31/24: Attended the Art Exhibition hosted by the Xianning Friendship City organization at the Cupertino Library. This was part of the cultural exchange between Cupertino and Xianning, and showcased the work of artists from and about Xianning. I made a few welcoming remarks and on behalf of the City presented a Certificate of Appreciation to Mr. Min Song, the President of the Cupertino-Xianning Friendship City Committee. 6/1/24: Together with Vice Mayor Fruen and Councilmember Moore, I participated in the closing ceremony of the Cupertino Little League. The City Council had recently approved funding for a scoreboard at Wilson Park and the organizers were very appreciative of the City for supporting youth sports. I made a speech honoring the young players, coaches, parents, and volunteers. 6/1/24: Attended Dilli Haat, a festival organized by Enacte and WomenNow in celebration of the Indo-American community, culture and culinary excellence. The event was held in Memorial Park and was very well attended by hundreds of Bay Area residents. Councilmember Hung Wei and I spoke before the gathering which included elected officials from Sacramento and the Consul-General of India. 6/1/24: Attended the 11th anniversary celebration of the Hindu Temple in Alviso at 522 CC 06-04-2024 522 of 530 City Council Councilmember Report 2 which many elected officials, including those from Sunnyvale, San Jose, Milpitas and the State Assembly acknowledged the work of the temple in building communities in many areas of the State. 6/5/24: I was honored to speak at the Foothill-DeAnza 3rd annual Pride Inclusive Flag Raising Ceremony and on behalf of the City present a Certificate of Appreciation to the College District for its efforts in building a community which nurtured inclusivity, acceptance, and love. I was particularly awed by the young people who spoke about the challenges they have faced and continue to face, and their courage in confronting them. 6/5/24: Attended a meeting via Zoom with a Cupertino resident who has concerns about the impact of SB 330 on our hillside and the potential danger to wildlife and nature. 6/7/24: Together with Vice Mayor Fruen, Councilmember Moore, County representatives, City staff, and community members, I was honored to participate and speak at Cupertino’s Pride Flag Raising and recognize June as LGBTQ+ Pride Month. Representatives from the offices of Senator Dave Cortese, Assemblymember Evan Low and US Rep Ro Khanna were also present. The Cupertino Library, the Bill Wilson Center, the LGBTQ + Youth Space, Billy DeFrank LGBTQ+ Community Center, and the County’s Q Corner Program generously shared resources and information with the community. 6/10/24: Attended the Apple WorldWide Developers Conference at Apple Park. City Manager Pamela Wu and Assemblymember Evan Low also attended, and we were treated to 3 hours of presentations from Apple highlighting new features and major updates for Apple devices. We also got our first look at the AI (Artificial Intelligence) system that Apple is launching which will enable several seamless actions across various apps while prioritizing user privacy. 6/10/24: Hosted the monthly Chai and Chat with the Mayor at Berraco Coffee, a new addition to the coffee shop scene in our City. A curious and genuinely appreciative group of about 15 residents asked questions about issues concerning their neighborhood – public safety, housing, pavements, and schools. Thanks to Alex, owner of Berraco who was thrilled to host the group and provided a nice space to hold the event. 523 CC 06-04-2024 523 of 530 City Council Councilmember Report 3 524 CC 06-04-2024 524 of 530 1 CITY COUNCIL ACTIVITY REPORT Meeting: June 18, 2024 Reporting Councilmember: Councilmember Kitty Moore Report Activity Dates: 4/30/24 to 6/10/24 Event Date, Title, and Description: April 30, 2024. Attended Water Quality 101 webinar hosted by SJW regarding water quality testing. May 5, 2014. 1:1 meeting with City Manager. May 5, 2024. Westport Senior BMR ribbon cutting. What a thrill to see the inside of the Westport Senior Below Market Rate housing after first seeing the project while serving on the Planning Commission. May 6, 2024. City Council meeting. May 11, 2024. Fremont Union High School District Centennial Celebration at Fremont High School. Attended the celebration and especially enjoyed seeing the yearbook photographs over the years and hearing the history of this excellent school district. 525 CC 06-04-2024 525 of 530 City Council Councilmember Activity Report 2 May 11, 2024. AAPI Multicultural Festival at Cupertino’s Civic Plaza. Enjoyed the dancing, martial arts, visual arts and community spirit at this year’s event. May 13, 2024. 1:1 with City Manager. May 14, 2024. City Council meeting. May 17, 2024. Budget Prep session with staff. May 18, 2024. Attended the annual Creek Clean up Event at Wilson Park to clean the Regnart and Calabazas Creeks. This is always a very satisfying event to keep our creeks clear of plastic and other debris, like this broken bicycle which was tossed into the creek. May 20, 2024. 1:1 with City Manager. May 21, 2024. City Council meeting. May 22, 2024. CalCities Peninsula Division luncheon. Topics: $20 Billion regional bond and the Taxpayer Protection Act. May 22, 2024.. Santa Clara Library District Joint Powers (SCCLD JPA) Authority 526 CC 06-04-2024 526 of 530 City Council Councilmember Activity Report 3 Finance Committee meeting1. After approving the consent calendar and recommending the Board adopt the Fiscal Year (FY) 2024-2025 Budget, the committee then reviewed the Independent Auditor’s Report for the fiscal year ending June 30, 2023 and after asking a series of clarifying questions, the committee recommended the Board accept the report. May 23, 2024. Attended the Boy Scouts of America annual breakfast to learn about the future of Scouting America. Our region will be introducing troops specifically for scouts with special needs expanding on the inclusivity of scouting to let all share in their programs. May 26, 2024. De Anza College Environmental Studies program update. This quarter’s course will complete the Advanced Environmental Studies Certificate. The class is especially useful because it is on Phase I Environmental Site Assessments which are generally found in all CEQA studies within the Hazards and Hazardous materials section. This is the 12th Environmental Studies course in the Environmental Resource Management and Pollution Prevention program to date. The program covers Environmental Law, Climate Change, General and Specific Plans, CEQA and EIRs, Industrial Ecology, ISO 14001 which applies Total Quality Management principles to environmental management systems. May 31, 2024. Attended the Cupertino-Xianning Friendship City Committee Art Exhibit Celebration and enjoyed all the beautiful works by our Friendship city artists displayed in the Library Expansion room. 1 SCCLD JPA agenda for the May 22, 2024 meeting is here: https://granicus_production_attachments.s3.amazonaws.com/sccl/dec74bc15d59c4b772650b33a4593f470.p df 527 CC 06-04-2024 527 of 530 City Council Councilmember Activity Report 4 June 1, 2024. Attended the Cupertino Little League Award Ceremony at Wilson Park with council colleagues and commissioners. Congratulations to all of the teams, coaches, volunteers, and families for a successful season! June 1, 2024. Attended Dilli Haat to enjoy the dancing and festivities at Memorial Park. It is wonderful to see the repurposed pond space put to great festival use for a fun event, which was concurrent with the De Anza College flea market. June 3, 2024. Attended a budget Q and A session with finance staff and CM to go over cost allocation, carryovers, special projects and other budget topics June 3, 2024. Attended 2:1 with City Manager and City Attorney to review past and upcoming agenda items and other items of interest. June 4, 2024. Special and Regular City Council Meeting. June 6, 2024. Together with part of the Santa Clara County Library District (SCCLD) Joint Powers Authority (JPA) Board and SCCLD Staff and former JPA members, attended the groundbreaking ceremony for “The Nest” which is an office expansion 528 CC 06-04-2024 528 of 530 City Council Councilmember Activity Report 5 adjacent to the SCCLD District HQ at 1344 Dell Avenue in Campbell. This beautifully designed building will provide space for reading programs and HQ office use, incorporating climate friendly energy efficient design, integrating bird safe and dark sky elements, while overlooking natural planting landscapes and the adjacent ponds. Looking forward to the new addition! June 6, 2024. Served at the SCCLD JPA Board meeting2. The Board received the Summer Reading Program presentation. Please join the over 3,000 readers who have signed up for the program! You may join in the fun here: https://sccld.org/summer/ and yes, reading agenda packets counts! After passing the Consent Calendar which included many donations to our area libraries, the Board reviewed and approved the FY 25 Budget along with the Independent Audit Report. I serve on the JPA Finance Committee which had previously reviewed and approved the report. The Board appointed a nominating committee, received a report from our County Librarian Jennifer Weeks, said farewell to Chuck Griffen, Financial & Administrative Services Manager, who will be leaving the position in July after years of excellent service to the Library District. Lastly, the meeting was adjourned. June 7, 2024. Attended the Cupertino Pride Flag Raising Event at Civic Center Plaza and made a brief speech regarding the importance of acceptance and belonging for well-being. 2 June SCCLD JPA Board Meeting Agenda: https://granicus_production_attachments.s3.amazonaws.com/sccl/0aa9fa4705b4985ea192c7c164aa65ec0.p df 529 CC 06-04-2024 529 of 530 1 CITY COUNCILMEMBER REPORT Meeting: June 18, 2024 Reporting Councilmember: Councilmember Hung Wei Report Dates: 5/28/24 to 6/10/24 Item Date, Title, and Description 1. Wednesday May 29, 2024 @ 5:30pm, Business Social hosted by Cupertino Chamber of Commerce at La Pizzeria Attended the Business Social hosted by the Chamber at a local restaurant to network with local business owners. Vice Mayor Fruen was also attending. 2. Friday May 31, 2024 @ noon, quarterly Luncheon with retired and current City Council Women hosted by Campbell City Councilmember Susan Landry at Khahn’s Restaurant in Campbell Attended the quarterly get-together to socialize and network with fellow City Council Women. Mayor Sheila Mohan and Councilmember Kitty Moore were also attending. 3. Saturday June 1, 2024 @ 1:30pm, Dilli Haat @ Memorial Park Attended, with Mayor Sheila Mohan, Dilli Haat hosted by Women Now to bring families together and celebrate cultures at Memorial Park in Cupertino. 4. Monday June 10, 2024 @ 11:30am, California Cities Association Peninsula Division Executive Board ZOOM Meeting Attended the ZOOM Meeting with Cal Cities Peninsula Division Executive Board, going over future events and the upcoming Cal Cities Conference in Long Beach. 530 CC 06-04-2024 530 of 530