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CC 12-03-2024 Searchable PacketCITY OF CUPERTINO
CITY COUNCIL
AGENDA
10300 Torre Avenue and 10350 Torre Avenue and via Teleconference
Tuesday, December 3, 2024
6:15 PM
Non Televised Closed Session (6:15) and 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 for Closed Session in City Hall, Conference Room C or for Open
Session in Cupertino Community Hall. Members of the public may provide oral public
comments pertaining to the agenda prior to the beginning of Closed Session and after Roll
Call.
Members of the public may provide oral public comments during the Open Session as
follows:
Oral public comments will be accepted during the meeting. 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
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.
2) E-mail comments for Closed Session or Open Session by 4:00 p.m. on Tuesday,
December 3 to the Council at citycouncil@cupertino.org. These e-mail comments will also
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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.
Emailed comments that are related to an agenda item and received following the agenda
publication, prior to or during the meeting, will be posted to the City’s website.
3) Open Session 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_LP_uxvYCSCizgNCxHS6-nQ#/
Phone
Dial: 669-900-6833 and enter Webinar ID: 925 8735 1472 (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: 925 8735 1472
SIP: 92587351472@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
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City Council Agenda December 3, 2024
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,
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.
ROLL CALL - 6:15 PM
10300 Torre Avenue, Conference Room C
CLOSED SESSION
1.Subject: Conference with legal counsel - existing litigation pursuant to Government
Code § 54956.9 and initiation of litigation pursuant to Government Code § 54956.9(c)
(Ali et al. v. City of Cupertino et al., Santa Clara County Superior Court Case No.
24CV439697)
RECESS
OPEN SESSION
CALL TO ORDER - 6:45 PM
10350 Torre Avenue, Community Hall and via Teleconference
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. 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
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City Council Agenda December 3, 2024
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 2-10)
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.
2.Subject: Resolution amending the City of Cupertino Conflict of Interest Code for
officials and designated employees; Amended 2024 Local Agency Biennial Notice
(Continued from November 19, 2024)
Recommended Action: 1.) Adopt Resolution No. 24-099 rescinding Resolution No.
24-083 and amending the City of Cupertino Conflict of Interest Code for officials and
designated employees; and
2.) Authorize the City Manager to sign the amended 2024 Local Agency Biennial Notice
Staff Report
A – Adopted Resolution No. 24-083 and 2024 Local Agency Biennial Notice
B - Draft Resolution and Conflict of Interest Code (redline)
C – Draft Resolution and Conflict of Interest Code (clean)
D – Amended 2024 Local Agency Biennial Notice
3.Subject: Adopt the OPEB and Pension Trust Investment Policies (Continued from
November 19, 2024)
Recommended Action: A. Adopt Resolution No. 24-107 for the OPEB Trust Investment
Policy; and
B. Adopt Resolution No. 24-108 for the Pension Trust Investment Policy
Staff Report
A - OPEB Trust Investment Policy (Redline)
B - OPEB Trust Investment Policy (Clean)
C - OPEB Trust Investment Policy Draft Resolution
D - Pension Trust Investment Policy (Redline)
E - Pension Trust Investment Policy (Clean)
F - Pension Trust Investment Policy Draft Resolution
4.Subject: Approve the November 18, 2024 City Council minutes
Recommended Action: Approve the November 18, 2024 City Council minutes
A - Draft Minutes
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City Council Agenda December 3, 2024
5.Subject: Approve the November 19, 2024 City Council minutes
Recommended Action: Approve the November 19, 2024 City Council minutes
A - Draft Minutes
6.Subject: Declare properties as having potential fire hazards from weeds or other
potential nuisances for the Cupertino Weed Abatement Program.
Recommended Action: Adopt Resolution No. 24-111 declaring properties as having
potential fire hazards from weeds or other potential nuisances (Attachment A) and set
hearing on January 22, 2025 to declare a public nuisance and to consider objections for
proposed removal.
Staff Report
A - Draft Resolution and Exhibit A
B – Cupertino Commencement Report (Exhibit A)
7.Subject: Receive the FY 2023-24 Annual Comprehensive Financial Report (ACFR)
Recommended Action: Receive the FY 2023-24 Annual Comprehensive Financial
Report (ACFR)
Staff Report
A - FY 2023-24 ACFR
8.Subject: The Fourth Amendment to the SimpliGov agreement for Business Process
Automation Software.
Recommended Action: Authorize the City Manager to execute a Fourth Amendment
with SimpliGov, for Business Process Automation Software, for a total not-to-exceed
amount of $307,000, extending the term through March 30, 2027.
Staff Report
A - Draft Fourth Amendment 22-042
B - Third Amendment 22-042
C - Second Amendment 22-042
D - First Amendment 22-042
E - Base Agreement 22-042
9.Subject: Award a construction contract for the Light Emitting Diode (LED) Streetlight
Installation Project to Bear Electrical Solutions in the amount of $628,449 and approve a
third amendment to the construction management agreement with Tanko Lighting for
a total contract amount not to exceed $306,914.
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City Council Agenda December 3, 2024
Recommended Action: 1. Award a construction contract for the LED Streetlight
Installation Project (budget unit 420-99-258, project number 2022-13) in the amount of
$629,449 to Bear Electrical Solutions.
2. Authorize the City Manager to execute the construction contract when all conditions
have been met.
3. Authorize the Director of Public Works to execute any necessary change orders up to
a construction contingency amount of $62,945 (10%) for a total contract amount of
$692,394.
4. Authorize the third amendment to an agreement with Tanko Lighting for
ConstructionManagement and Consulting Services on various Capital Improvement
Programs (CIP) Projects, by increasing the contract amount by $156,914, for a total
contract amount not to exceed $306,914.
Staff Report
A - Draft Contract
B - Draft Amended Agreement Tanko Lighting
10.Subject: Approval of a contract with Alta Planning + Design, Inc. for the Development
of an Active Transportation Plan (ATP) in the amount of $300,000. (PW - David
Stillman)
Recommended Action: 1. Approve a contract services agreement with Alta Planning +
Design, Inc. in the amount of $300,000 for the development of a citywide Active
Transportation Plan.
2. Authorize the City Manager to execute the agreement and any necessary
amendments within the approved budget of $330,000.
3. Authorize the City Manager to execute any change orders up to a project
contingency amount of $30,000 (10%), for a total contract amount of $330,000.
Staff Report
A - Draft Contract
PUBLIC HEARINGS - None
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.
ACTION CALENDAR
11.Subject: City Manager’s First Quarter Financial Report for Fiscal Year (FY) 2024-25
(Continued from November 19, 2024)
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City Council Agenda December 3, 2024
Recommended Action: A. Accept the City Manager’s First Quarter Financial Report
for Fiscal Year 2024-25; and
B. Adopt Resolution No. 24-106 approving Budget Modification No. 2425-367,
increasing appropriations by $331,128 fund by unassigned fund balance.
Presenter: Kristina Alfaro, Director of Administrative Services
Staff Report
A - FY24-25 First Quarter Financial Report
B - Draft Resolution
C – Description of Carryovers and Adjustments as of September 30, 2024
D – Description of Budget Transfers as of September 30, 2024
E - First Quarter Recommended Budget Adjustments
F – FY 2023-24 Special Projects Update
G – FY 2024-25 First Quarter Special Projects Update as of September 30, 2024
H – Competitive and Non-Competitive Citywide Grants Tracking
I – FY 2024-25 First Quarter CIP Project Status
12.Subject: Capital Improvement Program Photovoltaic Systems Design and Installation
Project.
Recommended Action: Approve the Capital Improvement Programs Photovoltaic
Systems Design and Installation Project conceptual design for three City of Cupertino
facilities: Community Hall, Cupertino Sports Center, and Quinlan Community Center.
Presenter: Susan Michael, Capital Improvement Programs Manager
Staff Report
A - FY 24-25 CIP Project Narratives Excerpt
B - Preliminary Cost Estimates
C - Programming Cost Funding Report
D - SCCLD Letter of Support for Postponement
13.Subject: Approve the third amendment to the City Attorney’s employment contract
and revise the Appointed Employees’ Compensation Program
Recommended Action: A. Adopt Resolution No. 24-112 approving the third
amendment to the City Attorney’s employment contract;
B. Adopt Resolution No. 24-113 to amend the Appointed Employees’ Compensation
Program effective December 3, 2024; and
C. Adopt Resolution No. 24-114 approving Budget Modification No. 2425-370,
increasing appropriations by $19,691, resulting in the use of unassigned fund balance of
$19,691
Presenter: Kristina Alfaro, Director of Administrative Services
A – Draft Resolution approving the third Amendment to City Attorney Employment Agreement
B – Draft Third Amendment to the City Attorney Employment Agreement
C – Draft Resolution amending Appointed Employees’ Compensation Program
D – Amendments to the Appointed Employees’ Compensation Program (Redline)
E – Amendments to the Appointed Employees’ Compensation Program (Clean)
F – Draft Resolution approving budget modification
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City Council Agenda December 3, 2024
ITEMS REMOVED FROM THE CONSENT CALENDAR
CITY MANAGER REPORT
ORAL COMMUNICATIONS - CONTINUED
COUNCILMEMBER REPORTS
14.Subject: Councilmember Reports
A - Councilmember Report, Fruen
B - Councilmember Report, Mohan
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
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City Council Agenda December 3, 2024
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 City web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100 written communications sent to the City Council, Commissioners or 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 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.
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CITY OF CUPERTINO
Agenda Item
24-13510 Agenda Date: 12/3/2024
Agenda #: 1.
Subject: Conference with legal counsel - existing litigation pursuant to Government Code § 54956.9
and initiation of litigation pursuant to Government Code § 54956.9(c) (Ali et al. v. City of Cupertino
et al., Santa Clara County Superior Court Case No. 24CV439697)
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CITY OF CUPERTINO
Agenda Item
24-13521 Agenda Date: 12/3/2024
Agenda #: 2.
Subject:Resolution amending the City of Cupertino Conflict of Interest Code for officials and designated
employees; Amended 2024 Local Agency Biennial Notice (Continued from November 19, 2024)
1.) Adopt Resolution No. 24-099 rescinding Resolution No. 24-083 and amending the City of Cupertino
Conflict of Interest Code for officials and designated employees; and
2.) Authorize the City Manager to sign the amended 2024 Local Agency Biennial Notice
CITY OF CUPERTINO Printed on 11/26/2024Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: December 3, 2024
Subject
Resolution amending the City of Cupertino Conflict of Interest Code for officials and designated
employees; Amended 2024 Local Agency Biennial Notice
Recommended Action
1.) Adopt Resolution No. 24-___ rescinding Resolution No. 24-083 and amending the City of
Cupertino Conflict of Interest Code for officials and designated employees; and
2.) Authorize the City Manager to sign the amended 2024 Local Agency Biennial Notice
Reasons for Recommendation
The Political Reform Act, Government Code Section 81000 et seq., requires that local government
agencies adopt and maintain a conflict of interest code. The code establishes the categories of
public officials and designated employees who must disclose certain personal assets and income
which might materially affect their governmental decisions. The public officials and designated
employees must file a Statement of Economic Interest (Form 700) to make disclosure of their
financial interests. The amount of disclosure depends upon the scope of the official’s or
employee’s duties. Positions that involve voting on matters, negotiating contracts, or making
recommendations on purchases without substantive review must be included in the code.
Persons holding positions listed in Government Code section 87200 (87200 filers) include City
Councilmembers, the City Attorney, the City Manager, Planning Commissioners, and persons
who manage public investments. These officials and employees are required by state law to file
a full disclosure Form 700.
Agencies must review their codes biennially and amend their codes when necessary.
Background
On September 4, 2024, the City Council conducted a biennial review and adopted Resolution No.
24-083 approving amendments to the City’s Conflict of Interest Code (Attachment A). The
Council also directed staff to revisit the item at the second Regular Council meeting in November
to consider streamlining the current code disclosure categories. Accordingly, the draft resolution
(Attachment B) proposes amending the City of Cupertino Conflict of Interest Code to update the
disclosure categories and list of designated positions.
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Cupertino, like most cities has adopted the standard model Conflict of Interest Code prepared by
the Fair Political Practices Commission and codified in California Code of Regulations Title 2,
Section 18730. The model code establishes substantive requirements for the disclosure of financial
interests and disqualification of public officials and City employees from participating in
decisions in which they might have a private financial interest. Cities adopting the model code
need only adopt an appendix containing a list of designated employees subject to the disclosure
requirements and specifying the scope of interest those designated employees must disclose.
Cities may further tailor their reporting requirements based on the specific structure of the
organization.
Designated Positions
The conflict of interest code must specifically list positions that make or participate in making
governmental decisions. The list typically includes positions involved in voting on matters,
negotiating contracts, or making recommendations on purchases, policies, or budget decisions,
or advising or making recommendations to decision-makers on such matters. Designated
positions can only be required to disclose interests that they may affect in the course of
performing the positions duties. If the designated position does not participate in decisions
affecting real property, then the disclosure of interest in real property is not r equired. The only
proposed change to the list of designated employees is to reflect the newly revised disclosure
categories. The City’s Conflict of Interest Code accurately reflects positions that may make or
participate in making governmental decisions for the City.
Disclosure Categories
A primary purpose of a code is to require designated positions to disclose those types of
investments, interests in real property, sources of income and business positions that may be
affected in their decision-making. The local agency cannot require over-disclosure by a
designated employee. Many officials and employees are assigned to the broadest disclosure
category because they have the broadest duties and authority. Many other filers are assigned to
the lower disclosure category. In the lower disclosure category, the financial interests required to
be reported are more tailored to the designated filer’s position and excludes disclosure of interest
in real property.
The current code includes six disclosure categories. For simplification and consistency with
practices in peer jurisdictions, the proposed draft code has been updated to include only three
categories. To that end, categories 5 and 6 in the current code, which require disclosure of only
department-related interests, have been deleted from the proposed draft code. Categories 3 and
4, which track interests related to city related income have been replaced by a single vendor
related category (category 3). Designated employees in this category are required to disclose
investments, business positions and sources of income from sources that provide goods and
services utilized by the City. This change is consistent with state law and modeled after similar
approaches used by the cities of Sunnyvale and Mountain View. Categories 1 and 2 remain
unchanged, and cover employees who must make full disclosure under all Form 700 schedules
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(category 1) or who are exempt from real property disclosure requirements because they do not
make decisions affecting real property interests (category 2).
Staff recommends that the City Council adopt Resolution No. 24-___, which incorporates the
revisions outlined above into an updated Conflict of Interest Code. If approved, the amended
2024 Local Agency Biennial Notice (Attachment D) would be filed with the adopted resolution
verifying the changes.
Disclosure Categories in Other Jurisdictions
For reference, the disclosure categories established by other jurisdictions are below:
City of Mountain View
Category 1. All investments and sources of income, including personal and business entity
income, all interests in real property, and all business positions.
Category 2. All investments and business entities, sources of business entity income, and
business positions of the type which, within the past two years, have contracted with the City or
which may reasonably be expected to contract with the City, or which may reasonably be
expected to contract with the City within one year from the date of the latest Statement Of
Economic Interest to provide services, supplies, materials, machinery or equipment.
Category 3. All investments and business entities, sources of business entity income, and
business positions of the type which, within the past two years, have contracted with the City or
which may reasonably be expected to contract with the City, or which may reasonably be
expected to contract with the City within one year from the date of the latest Statement Of
Economic Interest to provide services, supplies, materials, machinery, or equipment to the
designated employee’s department.
City of Sunnyvale
Category 1. A designated employee in this category must report all investments, interests in real
property owned in the City of Sunnyvale, sources of income including gifts, loans and travel
payments, and business entities in which he or she is a director, officer, partner, trustee, employee
or holds any position of management.
Category 2. A designated employee in this category must report sources of income including
gifts, loans and travel payments, and business entities in which he or she has an investment or is
a director, officer, partner, trustee, employee or holds any position of management, if the business
entity or source of income is of the type which has done business with the City of Sunnyvale
within the previous two years.
Category 3. A designated employee in this category must report sources of income including
gifts, loans and travel payments, and business entities in which he or she has an investment or is
a director, officer, partner, trustee, employee or holds any position of management, if the business
entity or source of income is of the type which within the previous two years has provided
services, equipment, lease space, materials or supplies to the City.
Next Steps
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Should Council move forward with the proposed amendments, the City of Cupertino’s Conflict
of Interest Code would be updated with the revised disclosure categories and list of designated
positions (Attachment C). The City Manager would also be authorized to sign the amended 2024
Local Agency Biennial Notice (Attachment D). If the Council does not move forward with the
proposed amendments, the City’s current Conflict of Interest Code will remain in effect. The City
Council conducted a biennial review and approved the current Conflict of Interest Code on
September 4, 2024 (Attachment A). The current code is in conformance with State law. The next
biennial review must be conducted no later than October 1, 2026.
Sustainability Impact
The implementation of electronic filing of all Form 700s has reduced paper consumption.
Fiscal Impact
There is no fiscal impact.
California Environmental Quality Act
Not applicable.
City Work Program (CWP) Item: No
CWP Item Description: N/A
Council Goal: N/A
_____________________________________
Prepared by: Kirsten Squarcia, City Clerk
Reviewed by: Christopher Jensen, City Attorney
Approved for Submission by: Tina Kapoor, Acting City Manager
Attachments:
A – Adopted Resolution No. 24-083 and 2024 Local Agency Biennial Notice
B - Draft Resolution and Conflict of Interest Code (redline)
C – Draft Resolution and Conflict of Interest Code (clean)
D – Amended 2024 Local Agency Biennial Notice
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RESOLUTION NO.24 083
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
RESCINDING RESOLUTION NO.22 120 AND AMENDING THE
CITY OF CUPERTINO CONFLICT OF INTEREST CODE
FOR OFFICIALS AND DESIGNATED EMPLOYEES
WHEREAS,the Political Reform Act of 1974,Government Code section 81000
et seq.the Act”or Political Reform Act”)governs the disclosure of political
campaign contributions and spending by candidates and ballot measure committees,
and sets ethics rules for state and local government officials that impose strict limits
on decisions or votes that affect the officials financial interests;and WHEREAS,
the City Clerk is the local filing officer for all filings and statements required
by the Political Reform Act including campaign contribution and expenditure reports
from candidates for City Council,controlled committees and independent expenditure
committees,as well as Statements of Economic Interest from current City officials,
officers and designated employees,per the Citys Conflict of Interest Code;and WHEREAS,
the
Political Reform Act requires every state or local government agency to
adopt and promulgate a Conflict of Interest Code;and WHEREAS,the
City Council last updated the City’s Conflict of Interest Code on September
20,2022 by adoption of Resolution No.22 120;and WHEREAS,the
City Council now desires to amend the City’s Conflict of Interest Code
to update the list of designated positions.NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
RESOLVE AS FOLLOWS:1.That
Resolution No.22 120 is hereby rescinded;and 2.That
the terms of Title 2 California Code of Regulations Section 18730 and any amendments
to it duly adopted by the FPPC shall,along with the Code entitled,City
of Cupertino Conflict of Interest Code for Officials and Designated Employees”
as set forth in Exhibit A along with attached appendices A
and B,in which members,consultants,and employees are
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Resolution No.24 083
Page 2
designated and disclosure categories are set forth,constitute the Conflict of
Interest Code of the City of Cupertino;and
3.That all Statements of Economic Interest shall be filed electronically with the
City Clerk.
PASSED AND ADOPTED at a special meeting of the City Council of the City
of Cupertino this 4th day of September 2024,by the following vote.
Members of the City Council
AYES:Mohan, Fruen, Chao, Moore
NOES: None
ABSENT: Wei
ABSTAIN: None
SIGNED:
Sheila Mohan,Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia,City Clerk Date
9/11/2024
9/11/2024
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EXHIBIT A
CITY OF CUPERTINO CONFLICT OF INTEREST CODE
FOR OFFICIALS AND DESIGNATED EMPLOYEES
The Political Reform Act,Government Code section 81000 et seq.requires state
and local government agencies to adopt and promulgate conflict of interest codes.The
Fair Political Practices Commission has adopted a regulation,2 Cal.Code Regs.section
18730,which contains the terms of a standard conflict of interest code.It can be
incorporated by reference and may be amended by the Fair Political Practices
Commission after public notice and hearings to conform to amendments to the
Political Reform Act.Therefore,the terms of 2 Cal.Code Regs.section 18730 and any
amendments to it duly adopted by the Fair Political Practices Commission are hereby
incorporated by reference and,along with the attached Appendices A and B in which
members,consultants,and employees are designated and disclosure categories are set
forth shall constitute the conflict of interest code of the City of Cupertino.
Officials and designated employees under Government Code section 87200
shall file electronic statements of economic interests Form 700)with the City Clerk
who will make the statements available for public inspection and reproduction.Gov.
Code,81008,)
Upon receipt of the statements Form 700)of the City of Cupertino City Council,
City Manager,City Attorney,City Treasurer,and Planning Commissioners,the
agency shall electronically forward the original of these statements to the Fair Political
Practices Commission.The City Clerk will electronically retain original statements for
all other designated employees.
It has been determined that the positions listed below manage public
investments and will file a statement of economic interests Form 700)pursuant to
Government Code section 87200:
City Treasurer Director of Administrative Services)
Deputy City Treasurer Finance Manager)
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APPENDIX A
DESIGNATED POSITIONS AND
APPLICABLE REPORTABLE INTEREST CATEGORIES
Title Assigned Disclosure Category
ADMINISTRATIVE SERVICES,FINANCE HUMAN RESOURCES
Director of Administrative Services
Treasurer)
1 Gov.Code 87200 filer)
Finance Manager Deputy City
Treasurer)
1 Gov.Code 87200 filer)
Human Resources Manager 2
Budget Manager 2
Purchasing Manager 2
Senior Management Analyst 5
Human Resources Analyst I/II 5
Accountant I/II 5
Senior Accountant 5
Account Clerk I/II 5
Accounting Technician 5
APPOINTED OR ELECTED OFFICIALS COMMISSIONS
City Council 1 Gov.Code 87200 filers)
Audit Committee 2
Bicycle Pedestrian Commission 4
Arts and Culture Commission 4
Housing Commission 1
Library Commission 4
Parks and Recreation Commission 4
Planning Commission 1 Gov.Code 87200 filers)
Public Safety Commission 4
Sustainability Commission 4
Technology,Information,
Communications Commission
3
CITY ATTORNEY’S OFFICE
City Attorney 1 Gov.Code 87200 filer)
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Title Assigned Disclosure Category
Senior Assistant City Attorney 1
Assistant City Attorney 1
Legal Services Manager 1
CITY MANAGER’S OFFICE
City Manager 1
Assistant City Manager 1
Deputy City Manager 1
Administration
Management Analyst 6
Senior Management Analyst 6
Executive Assistant to the City Manager 6
City Clerk’s Office
City Clerk 1
Deputy City Clerk 1
Communications Public Information
Communications and Marketing
Coordinator
Emergency Management
Assistant to the City Manager 1
Management Analyst 6
Community Relations Coordinator 6
Economic Development
Economic Development Manager 6
COMMUNITY DEVELOPMENT
Director of Community Development 1
Assistant Director of Community
Development
1
Planning
Planning Manager 1
Senior Planner 1
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Title Assigned Disclosure Category
Associate Planner 6
Assistant Planner 6
Management Analyst 6
Permit Technician 6
Building
Building Official 4
Deputy Building Official 4
Senior Building Inspector 4
Building Inspector 4
Permit Technician 6
Plan Check Engineer 6
Housing
Housing Manager 1
Senior Housing Coordinator 6
Code Enforcement
Senior Code Enforcement Officer 4
Code Enforcement Officer 4
Consultants
Consultants see Appendix B
definitions)
As determined by City Manager
INNOVATION TECHNOLOGY
Chief Technology Officer 1
Innovation and Technology Manager 5
Business Systems Analyst 5
Multimedia Communication Specialist 3
Management Analyst 6
PUBLIC WORKS
Director of Public Works 1
Assistant Director of Public Works 1
Capital Improvement Programs
Manager
1
Transportation Manager 1
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Title Assigned Disclosure Category
Senior Public Works Project Manager 1
Public Works Projects Manager 1
Environmental Programs Manager 1
Service Center Superintendent 5
Public Works Supervisor 6
City Engineer 1
Public Works Inspector 6
Senior Management Analyst 6
Management Analyst 6
Environmental Services Environmental Affairs
Environmental Programs Manager 1
Environmental Programs Specialist 5
Environmental Programs Assistant 5
Environmental Compliance Technician 6
Traffic Engineering
Senior Planner
Transit and Transportation)
1
Assistant Engineer 4
Transportation Manager 1
Senior Civil Engineer 1
Associate Civil Engineer 4
Senior Engineering Technician 6
Engineering Technician 6
Environmental Programs Assistant Safe
Routes to School)
5
PARKS AND RECREATION
Director of Parks and Recreation 1
Recreation Manager 5
Senior Management Analyst 6
Management Analyst 6
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Appendix B
DISCLOSURE CATEGORIES AND DEFINITIONS
1. FULL DISCLOSURE
What to report?All investments,positions in business entities,sources of
income including gifts,loans,and travel payments),and interests in real
property.
What Form 700 schedules?All Schedules A through E)
2. ALL INCOME
What to report?All investments,positions in business entities,and sources of
income including gifts,loans,and travel payments).
What Form 700 schedules?A,C,D,E
3. CITY RELATED INCOME
What to report?All investments,positions in business entities,and sources of
income including gifts,loans,and travel payments)if the source provides
goods or services of the type utilized by or subject to the review or approval of
the City.
What Form 700 schedules?A,C,D,E
4. CITY RELATED INCOME,REAL PROPERTY
What to report?All investments,positions in business entities,and sources of
income including gifts,loans,and travel payments)if the source provides
goods or services,of the type utilized by or subject to the review or approval
of the City and all interests in real property.
What Form 700 schedules?All Schedules A through E)
5. DEPARTMENT RELATED INCOME
What to report?All investments,positions,in business entities,and sources of
income including gifts,loans,and travel payments)if the source provides
goods or services of the type utilized by or subject to the review or approval of
the department in which that person is employed.
What Form 700 schedules?A,C,D,E
6. DEPARTMENT RELATED INCOME REAL PROPERTY
What to report?All investments,positions in business entities,and sources of
income including gifts,loans,and travel payments)if the source provides
goods or services of the type utilized by or subject to the review or approval of
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the department in which that person is employed,and all interests in real
property.
What Form 700 schedules?All Schedules A through E)
Definitions
For the purposes of these disclosure categories,the definitions and regulations
contained in the Political Reform Act,Government Code Sections 81000 et seq.,and
the Fair Political Practices Commission regulations at 2 Cal.Code Regs.Section 18730
shall apply.
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RESOLUTION NO. 24‐___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
RESCINDING RESOLUTION NO. 24‐083 AND AMENDING THE
CITY OF CUPERTINO CONFLICT OF INTEREST CODE
FOR OFFICIALS AND DESIGNATED EMPLOYEES
WHEREAS, the Political Reform Act of 1974, Government Code section 81000
et seq. (the “Act” or “Political Reform Act”), governs the disclosure of political
campaign contributions and spending by candidates and ballot measure committees,
and sets ethics rules for state and local government officials that impose limits on
decisions or votes that affect the officialʹs financial interests; and
WHEREAS, the City Clerk is the local filing officer for all filings and statements
required by the Political Reform Act including campaign contribution and expenditure
reports from candidates for City Council, controlled committees, and independent
expenditure committees, as well as Statements of Economic Interest from current City
officials and designated employees, per the Cityʹs Conflict of Interest Code; and
WHEREAS, the Political Reform Act requires every state or local government
agency to adopt and promulgate a Conflict of Interest Code; and
WHEREAS, the City Council last updated the City’s Conflict of Interest Code
on September 4, 2024 by adoption of Resolution No. 24‐083; and
WHEREAS, the City Council now desires to amend the City’s Conflict of
Interest Code to update the disclosure categories and the list of designated positions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO
DOES HEREBY RESOLVE AS FOLLOWS:
1. That Resolution No. 24‐083 is hereby rescinded; and
2. That the terms of Title 2 California Code of Regulations section 18730 and
any amendments to it duly adopted by the FPPC shall, along with the Code
entitled, “City of Cupertino Conflict of Interest Code for Officials and
Designated Employees” as set forth in Exhibit A along with attached
Appendices A and B, in which members, consultants, and employees are
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Resolution No. 24‐___
Page 2
designated and disclosure categories are set forth, constitute the Conflict of
Interest Code of the City of Cupertino; and
3. That all Statements of Economic Interest shall be filed electronically with the
City Clerk.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 19th day of November 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
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EXHIBIT A
CITY OF CUPERTINO CONFLICT OF INTEREST CODE
FOR OFFICIALS AND DESIGNATED EMPLOYEES
The Political Reform Act, Government Code section 81000 et seq. requires state
and local government agencies to adopt and promulgate conflict of interest codes. The
Fair Political Practices Commission has adopted a regulation, 2 Cal. Code Regs. section
18730, which contains the terms of a standard conflict of interest code. It can be
incorporated by reference and may be amended by the Fair Political Practices
Commission after public notice and hearings to conform to amendments to the
Political Reform Act. Therefore, the terms of 2 Cal. Code Regs. section 18730 and any
amendments to it duly adopted by the Fair Political Practices Commission are hereby
incorporated by reference and, along with the attached Appendices A and B in which
members, consultants, and employees are designated and disclosure categories are set
forth shall constitute the conflict of interest code of the City of Cupertino.
Officials and designated employees under Government Code section 87200
shall file electronic statements of economic interests (Form 700) with the City Clerk
who will make the statements available for public inspection and reproduction. (Gov.
Code, § 81008,)
Upon receipt of the statements (Form 700) of the City of Cupertino City Council,
City Manager, City Attorney, City Treasurer, and Planning Commissioners, the
agency shall electronically forward the original of these statements to the Fair Political
Practices Commission. The City Clerk will electronically retain original statements for
all other designated employees.
It has been determined that the positions listed below manage public
investments and will file a statement of economic interests (Form 700) pursuant to
Government Code section 87200:
City Treasurer (Director of Administrative Services)
Deputy City Treasurer (Finance Manager)
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APPENDIX A
DESIGNATED POSITIONS AND
APPLICABLE REPORTABLE INTEREST CATEGORIES
Title Assigned Disclosure Category
ADMINISTRATIVE SERVICES, FINANCE & HUMAN RESOURCES
Director of Administrative Services
(Treasurer)
1 (Gov. Code § 87200 filer)
Finance Manager (Deputy City
Treasurer)
1 (Gov. Code § 87200 filer)
Human Resources Manager 2
Budget Manager 2
Purchasing Manager 2
Senior Management Analyst 53
Human Resources Analyst I/II 53
Accountant I/II 53
Senior Accountant 53
Account Clerk I/II 53
Accounting Technician 53
APPOINTED OR ELECTED OFFICIALS & COMMISSIONS
City Council 1 (Gov. Code § 87200 filers)
Audit Committee 2
Bicycle Pedestrian Commission 41
Arts and Culture Commission 41
Housing Commission 1
Library Commission 41
Parks and Recreation Commission 41
Planning Commission 1 (Gov. Code § 87200 filers)
Public Safety Commission 41
Sustainability Commission 41
Technology, Information, &
Communications Commission
3
CITY ATTORNEY’S OFFICE
City Attorney 1 (Gov. Code § 87200 filer)
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Title Assigned Disclosure Category
Senior Assistant City Attorney 1
Assistant City Attorney 1
Legal Services Manager 1
CITY MANAGER’S OFFICE
City Manager 1
Assistant City Manager 1
Deputy City Manager 1
Administration
Management Analyst 61
Senior Management Analyst 61
Executive Assistant to the City Manager 61
City Clerk’s Office
City Clerk 1
Deputy City Clerk 1
Communications & Public Information
Communications and Marketing
Coordinator
1
Emergency Management
Assistant to the City Manager 1
Management Analyst 61
Community Relations Coordinator 61
Economic Development
Economic Development Manager 61
COMMUNITY DEVELOPMENT
Director of Community Development 1
Assistant Director of Community
Development
1
Planning
Planning Manager 1
Senior Planner 1
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Title Assigned Disclosure Category
Associate Planner 61
Assistant Planner 61
Management Analyst 61
Permit Technician 61
Building
Building Official 41
Deputy Building Official 41
Senior Building Inspector 41
Building Inspector 41
Permit Technician 61
Plan Check Engineer 61
Housing
Housing Manager 1
Senior Housing Coordinator 61
Code Enforcement
Senior Code Enforcement Officer 4
Code Enforcement Officer 4
Consultants
Consultants (see Appendix B
definitions)
As determined by City Manager
INNOVATION & TECHNOLOGY
Chief Technology Officer 1
Innovation and Technology Manager 53
Business Systems Analyst 53
Multimedia Communication Specialist 3
Management Analyst 61
PUBLIC WORKS
Director of Public Works 1
Assistant Director of Public Works 1
Capital Improvement Programs
Manager
1
Transportation Manager 1
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Title Assigned Disclosure Category
Senior Public Works Project Manager 1
Public Works Projects Manager 1
Environmental Programs Manager 1
Service Center Superintendent 53
Public Works Supervisor 61
City Engineer 1
Public Works Inspector 61
Senior Management Analyst 61
Management Analyst 61
Environmental Services & Environmental Affairs
Environmental Programs Manager 1
Environmental Programs Specialist 53
Environmental Programs Assistant 53
Environmental Compliance Technician 61
Traffic & Engineering
Senior Planner
(Transit and Transportation)
1
Assistant Engineer 41
Transportation Manager 1
Senior Civil Engineer 1
Associate Civil Engineer 41
Senior Engineering Technician 6
Engineering Technician 6
Environmental Programs Assistant (Safe
Routes to School)
53
PARKS AND RECREATION
Director of Parks and Recreation 1
Recreation Manager 53
Senior Management Analyst 61
Management Analyst 61
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Appendix B
DISCLOSURE CATEGORIES AND DEFINITIONS
1. FULL DISCLOSURECategory 1
What to report? All investments, positions in business entities, sources of
income (including gifts, loans, and travel payments), and interests in real
property.
What Form 700 schedules? All Schedules (A through E)
2. ALL INCOMECategory 2
What to report? All investments, positions in business entities, and sources of
income (including gifts, loans, and travel payments).
What Form 700 schedules? A, C, D, E
3. CITY‐RELATED INCOMECategory 3
What to report? All investments, positions in business entities, and sources of
income (including gifts, loans, and travel payments) from sources of the type
that provide services, supplies, materials, machinery or equipment to the
Cityif the source provides goods or services of the type utilized by or subject
to the review or approval of the City.
What Form 700 schedules? A, C, D, E
4. CITY‐RELATED INCOME, REAL PROPERTY
What to report? All investments, positions in business entities, and sources of
income (including gifts, loans, and travel payments) if the source provides
goods or services, of the type utilized by or subject to the review or approval
of the City and all interests in real property.
What Form 700 schedules? All Schedules (A through E)
5. DEPARTMENT‐RELATED INCOME
What to report? All investments, positions, in business entities, and sources of
income (including gifts, loans, and travel payments) if the source provides
goods or services of the type utilized by or subject to the review or approval of
the department in which that person is employed.
What Form 700 schedules? A, C, D, E
6. DEPARTMENT‐RELATED INCOME & REAL PROPERTY
What to report? All investments, positions in business entities, and sources of
income (including gifts, loans, and travel payments) if the source provides
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goods or services of the type utilized by or subject to the review or approval of
the department in which that person is employed, and all interests in real
property.
What Form 700 schedules? All Schedules (A through E)
Definitions
For the purposes of these disclosure categories, the definitions and regulations
contained in the Political Reform Act, Government Code sections 81000 et seq., and the
Fair Political Practices Commission regulations, 2 Cal. Code Regs. section 18730, shall
apply.
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RESOLUTION NO. 24-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
RESCINDING RESOLUTION NO. 24-083 AND AMENDING THE
CITY OF CUPERTINO CONFLICT OF INTEREST CODE
FOR OFFICIALS AND DESIGNATED EMPLOYEES
WHEREAS, the Political Reform Act of 1974, Government Code section 81000
et seq. (the “Act” or “Political Reform Act”), governs the disclosure of political
campaign contributions and spending by candidates and ballot measure committees,
and sets ethics rules for state and local government officials that impose limits on
decisions or votes that affect the official's financial interests; and
WHEREAS, the City Clerk is the local filing officer for all filings and statements
required by the Political Reform Act including campaign contribution and expenditure
reports from candidates for City Council, controlled committees, and independent
expenditure committees, as well as Statements of Economic Interest from current City
officials and designated employees, per the City's Conflict of Interest Code; and
WHEREAS, the Political Reform Act requires every state or local government
agency to adopt and promulgate a Conflict of Interest Code; and
WHEREAS, the City Council last updated the City’s Conflict of Interest Code
on September 4, 2024 by adoption of Resolution No. 24-083; and
WHEREAS, the City Council now desires to amend the City’s Conflict of
Interest Code to update the disclosure categories and the list of designated positions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO
DOES HEREBY RESOLVE AS FOLLOWS:
1. That Resolution No. 24-083 is hereby rescinded; and
2. That the terms of Title 2 California Code of Regulations section 18730 and
any amendments to it duly adopted by the FPPC shall, along with the Code
entitled, “City of Cupertino Conflict of Interest Code for Officials and
Designated Employees” as set forth in Exhibit A along with attached
Appendices A and B, in which members, consultants, and employees are
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Resolution No. 24-___
Page 2
designated and disclosure categories are set forth, constitute the Conflict of
Interest Code of the City of Cupertino; and
3. That all Statements of Economic Interest shall be filed electronically with the
City Clerk.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 19th day of November 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
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EXHIBIT A
CITY OF CUPERTINO CONFLICT OF INTEREST CODE
FOR OFFICIALS AND DESIGNATED EMPLOYEES
The Political Reform Act, Government Code section 81000 et seq. requires state
and local government agencies to adopt and promulgate conflict of interest codes. The
Fair Political Practices Commission has adopted a regulation, 2 Cal. Code Regs. section
18730, which contains the terms of a standard conflict of interest code. It can be
incorporated by reference and may be amended by the Fair Political Practices
Commission after public notice and hearings to conform to amendments to the
Political Reform Act. Therefore, the terms of 2 Cal. Code Regs. section 18730 and any
amendments to it duly adopted by the Fair Political Practices Commission are hereby
incorporated by reference and, along with the attached Appendices A and B in which
members, consultants, and employees are designated and disclosure categories are set
forth shall constitute the conflict of interest code of the City of Cupertino.
Officials and designated employees under Government Code section 87200
shall file electronic statements of economic interests (Form 700) with the City Clerk
who will make the statements available for public inspection and reproduction. (Gov.
Code, § 81008,)
Upon receipt of the statements (Form 700) of the City of Cupertino City Council,
City Manager, City Attorney, City Treasurer, and Planning Commissioners, the
agency shall electronically forward the original of these statements to the Fair Political
Practices Commission. The City Clerk will electronically retain original statements for
all other designated employees.
It has been determined that the positions listed below manage public
investments and will file a statement of economic interests (Form 700) pursuant to
Government Code section 87200:
City Treasurer (Director of Administrative Services)
Deputy City Treasurer (Finance Manager)
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APPENDIX A
DESIGNATED POSITIONS AND
APPLICABLE REPORTABLE INTEREST CATEGORIES
Title Assigned Disclosure Category
ADMINISTRATIVE SERVICES, FINANCE & HUMAN RESOURCES
Director of Administrative Services
(Treasurer)
1 (Gov. Code § 87200 filer)
Finance Manager (Deputy City
Treasurer)
1 (Gov. Code § 87200 filer)
Human Resources Manager 2
Budget Manager 2
Purchasing Manager 2
Senior Management Analyst 3
Human Resources Analyst I/II 3
Accountant I/II 3
Senior Accountant 3
Account Clerk I/II 3
Accounting Technician 3
APPOINTED OR ELECTED OFFICIALS & COMMISSIONS
City Council 1 (Gov. Code § 87200 filers)
Audit Committee 2
Bicycle Pedestrian Commission 1
Arts and Culture Commission 1
Housing Commission 1
Library Commission 1
Parks and Recreation Commission 1
Planning Commission 1 (Gov. Code § 87200 filers)
Public Safety Commission 1
Sustainability Commission 1
Technology, Information, &
Communications Commission
3
CITY ATTORNEY’S OFFICE
City Attorney 1 (Gov. Code § 87200 filer)
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Title Assigned Disclosure Category
Senior Assistant City Attorney 1
Assistant City Attorney 1
Legal Services Manager 1
CITY MANAGER’S OFFICE
City Manager 1
Assistant City Manager 1
Deputy City Manager 1
Administration
Management Analyst 1
Senior Management Analyst 1
Executive Assistant to the City Manager 1
City Clerk’s Office
City Clerk 1
Deputy City Clerk 1
Communications & Public Information
Communications and Marketing
Coordinator
1
Emergency Management
Assistant to the City Manager 1
Management Analyst 1
Community Relations Coordinator 1
Economic Development
Economic Development Manager 1
COMMUNITY DEVELOPMENT
Director of Community Development 1
Assistant Director of Community
Development
1
Planning
Planning Manager 1
Senior Planner 1
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Title Assigned Disclosure Category
Associate Planner 1
Assistant Planner 1
Management Analyst 1
Permit Technician 1
Building
Building Official 1
Deputy Building Official 1
Senior Building Inspector 1
Building Inspector 1
Permit Technician 1
Plan Check Engineer 1
Housing
Housing Manager 1
Senior Housing Coordinator 1
Code Enforcement
Senior Code Enforcement Officer 4
Code Enforcement Officer 4
Consultants
Consultants (see Appendix B
definitions)
As determined by City Manager
INNOVATION & TECHNOLOGY
Chief Technology Officer 1
Innovation and Technology Manager 3
Business Systems Analyst 3
Multimedia Communication Specialist 3
Management Analyst 1
PUBLIC WORKS
Director of Public Works 1
Assistant Director of Public Works 1
Capital Improvement Programs
Manager
1
Transportation Manager 1
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Title Assigned Disclosure Category
Senior Public Works Project Manager 1
Public Works Projects Manager 1
Environmental Programs Manager 1
Service Center Superintendent 3
Public Works Supervisor 1
City Engineer 1
Public Works Inspector 1
Senior Management Analyst 1
Management Analyst 1
Environmental Services & Environmental Affairs
Environmental Programs Manager 1
Environmental Programs Specialist 3
Environmental Programs Assistant 3
Environmental Compliance Technician 1
Traffic & Engineering
Senior Planner
(Transit and Transportation)
1
Assistant Engineer 1
Transportation Manager 1
Senior Civil Engineer 1
Associate Civil Engineer 1
Senior Engineering Technician 6
Engineering Technician 6
Environmental Programs Assistant (Safe
Routes to School)
3
PARKS AND RECREATION
Director of Parks and Recreation 1
Recreation Manager 3
Senior Management Analyst 1
Management Analyst 1
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Appendix B
DISCLOSURE CATEGORIES AND DEFINITIONS
1. Category 1
What to report? All investments, positions in business entities, sources of
income (including gifts, loans, and travel payments), and interests in real
property.
What Form 700 schedules? All Schedules (A through E)
2. Category 2
What to report? All investments, positions in business entities, and sources of
income (including gifts, loans, and travel payments).
What Form 700 schedules? A, C, D, E
3. Category 3
What to report? All investments, positions in business entities, and sources of
income (including gifts, loans, and travel payments) from sources of the type
that provide services, supplies, materials, machinery or equipment to the City.
What Form 700 schedules? A, C, D, E
Definitions
For the purposes of these disclosure categories, the definitions and regulations
contained in the Political Reform Act, Government Code sections 81000 et seq., and the
Fair Political Practices Commission regulations, 2 Cal. Code Regs. section 18730, shall
apply.
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www.fppc.ca.gov
FPPC Advice: advice@fppc.ca.gov (866.275.3772)
Page 1 of 1
Name of Agency:
Mailing Address:
Contact Person: Phone No.
Email: Alternate Email:
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to
help ensure public trust in government. The biennial review examines current programs to
ensure that the agency’s code includes disclosure by those agency officials who make or
participate in making governmental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one BOX):
An amendment is required. The following amendments are necessary:
(Check all that apply.)
{Include new positions
{Revise disclosure categories
{Revise the titles of existing positions
{Delete titles of positions that have been abolished and/or positions that no longer make or
participate in making governmental decisions
{Other (describe)
The code is currently under review by the code reviewing body.
No amendment is required. (If your code is over five years old, amendments may be
necessary.)
Verification (to be completed if no amendment is required)
This agency’s code accurately designates all positions that make or participate in the making of governmental
decisions. The disclosure assigned to those positions accurately requires that all investments, business
positions, interests in real property, and sources of income that may foreseeably be affected materially by the
decisions made by those holding designated positions are reported. The code includes all other provisions
required by Government Code Section 87302.
__________________________________________ _________________________
Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or
amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if
earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
Amended 2024 Local Agency Biennial Notice
City of Cupertino
10300 Torre Avenue
Kirsten Squarcia, City Clerk 408-777-3223
kirstens@cupertino.gov cityclerk@cupertino.gov
✔
✔
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CITY OF CUPERTINO
Agenda Item
24-13520 Agenda Date: 12/3/2024
Agenda #: 3.
Subject:Adopt the OPEB and Pension Trust Investment Policies (Continued from November 19, 2024)
A. Adopt Resolution No. 24-107 for the OPEB Trust Investment Policy; and
B. Adopt Resolution No. 24-108 for the Pension Trust Investment Policy
CITY OF CUPERTINO Printed on 11/26/2024Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: December 3, 2024
Subject
Adopt the OPEB and Pension Trust Investment Policies
Recommended Action
A. Adopt Resolution No. 24-XXX for the OPEB Trust Investment Policy; and
B. Adopt Resolution No. 24-XXX for the Pension Trust Investment Policy
Discussion
Background
In Fiscal Year (FY) 2009-10, the City established a Section 115 Trust to help fund its retiree
health obligations, also known as OPEB. In FY 2017-18, the City also established a Section
115 Trust to pre-fund its pension obligations and reduce the potential impact of pension
cost volatility on the City's operating budget.
OPEB and Pension Trusts
Section 115 Trust Overview
A Section 115 Trust is a tax-exempt investment tool that allows local governments to pre-
fund pension and retiree health costs. The benefits of a Section 115 Trust include the
following:
Local control over assets: The City controls the contributions, withdrawals,
investment strategy, and risk level of assets in the Trust.
Potential for higher investment returns than General Fund: Investment
requirements that apply to the City's General Fund assets under Government
Code 53601 are not applicable to Trust assets.
Pension rate stabilization: Assets can be transferred to CalPERS at the City 's
discretion to pay for Normal Cost or Unfunded Accrued Liability (UAL)
contributions and can be used to reduce or eliminate large fluctuations in the City's
pension costs.
Diversification: Trust assets will be diversified from CalPERS investments.
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OPEB Trust Overview
In FY 2009-10, the City established a Section 115 Trust to help fund its retiree health
obligations, also known as OPEB. Compared to a pay-as-you-go plan, the OPEB Trust
allows the City to:
Grow assets to pay future OPEB benefits.
Earn higher returns than the General Fund.
Reduce its total cost for providing post-employment benefits.
Reduce its Net OPEB Liability.
In July 2010, the City contributed $7.0 million in initial funding. With additional
contributions of $12.3 million, total contributions to date are $19.3 million.
As of June 30, 2024, the City's OPEB Trust had a market value of $38.0 million and had
earned an annualized investment return of 6.71% gross of fees since inception.
Time Period Annualized Investment Return
1 Year 13.85%
5 Year 6.54%
Since Inception 6.71%
1-Year investment returns were impacted by financial market volatility due to heightened
geopolitical risk, supply chain bottlenecks and persistent inflation, and the Federal
Reserve’s pivot to a less accommodative monetary policy.
As of the June 30, 2024, measurement date, using a 6.5% discount rate, the City’s OPEB
plan had an accrued liability of $40.4 million and a market value of assets of $38.0 million,
resulting in an unfunded accrued liability of $2.4 million and a funded ratio of 94.1%.
Compared to June 30, 2023, the unfunded accrued liability continued to increase, and the
funded ratio decreased, primarily due to changes in actuarial assumptions.
June 30, 2022 June 30, 2023* June 30, 2024*
Accrued Liability 29,871,000 35,290,000 40,389,000
Market Value of Assets 31,340,000 34,708,000 38,013,000
Unfunded Accrued Liability (1,469,000) 582,000 2,376,000
Funded Ratio 104.9% 98.4% 94.1%
*Amounts provided from Actuarial Report, as opposed to PARS provided.
Pension Trust Overview
Since pension obligations are one of the City's largest financial obligations, the City has
taken proactive steps to reduce the impacts of pension cost volatility. In March 2018, the
City provided options to Council to address rising pension costs. In April 2018, the City
presented a long-term pension funding strategy to the Fiscal Strategic Plan Committee. In
May 2018, the City adopted a Section 115 Trust, also known as a Pension Rate Stabilization
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Program (PRSP), to reduce pension rate volatility on the City's budget. The Pension Trust
helps the City to:
Grow assets for future pension contributions.
Invest assets over appropriate time horizons.
Earn higher investment returns than the General Fund.
Reduce pension contribution volatility.
Diversify funds from CalPERS investments.
As a fiscal sustainability measure, the City funds the Pension Trust using a more
conservative discount rate of 6.25%. The City's pension funding goal is to accumulate
sufficient funds in the Pension Trust to fund the difference between a 6.25% and a 7%
discount rate and achieve a funded status of 80% by FY 2036-37, 20 years from the
adoption of the Pension Trust. The City's projections indicated that it would need to
accumulate over $42 million in the Pension Trust within 20 years to achieve its pension
funding goal.
As a result, the funding strategy proposed $8.0 million in initial funding, along with
additional funding of $10.0 million over the first five years. To date, the City has
contributed $16.0 million, including:
$8.0 million in FY 2018-19
$4.0 million in FY 2019-20
$2.0 million in FY 2020-21
$2.0 million in FY 2021-22
As of June 30, 2024, the City's Pension Trust had a market value of $21.7 million and had
earned an annualized investment return of 7.16% gross of fees since inception.
Time Period Annualized Investment Return
1 Year
5 Year
13.83%
7.28%
Since Inception 5.62%
1-Year investment returns were impacted by financial market volatility due to heightened
geopolitical risk, supply chain bottlenecks and persistent inflation, and the Federal
Reserve’s pivot to a less accommodative monetary policy.
OPEB and Pension Trust Investment Policies
The Audit Committee is responsible for reviewing the OPEB and Pension Trust
investment policies annually, appointing investment managers, and monitoring
investment performance. The City Council is responsible for annually adopting the OPEB
and Pension Trust investment policies.
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It is not expected that the OPEB and Pension Trust investment policies will change
frequently. Short-term changes in the financial markets should not require adjustments to
the policies.
On October 31, 2024, the Audit Committee reviewed both proposed policies and
recommended to remove the following language: “The international equity investments
(including emerging markets) shall constitute no more than 20% of the total market value
of the Portfolio”. The Audit Committee unanimously (3-0-2) voted to accept the policies.
This section has been expanded to address supplemental questions and concerns that were received
shortly before the City Council Meeting.
The rationale for removing the 20% cap on international equity investments was to better
align the portfolio with its performance benchmark, the MSCI All Cap World Index,
which consists of approximately 65% US stocks and 35% non-US stocks. This adjustment
ensures that the portfolio’s performance is more directly comparable to the benchmark
and allows for greater diversification. If the restriction is removed, the current allocation
to non-US equities would be approximately 25%, with the potential to increase at the
portfolio manager’s discretion, within the scope of the policy’s overall investment
objectives.
The Audit Committee reviewed and recommended this change, emphasizing the
importance of alignment with the benchmark and maintaining the portfolio’s “Balanced”
investment objective. It is important to note that all investments, including international
equities, must comply with the policy’s stated principles of prudent investment, which
prioritize diversification, risk management, and long-term returns.
While the removal of the cap provides additional flexibility, the City retains oversight
through its investment policies and portfolio manager reporting requirements.
Additionally, the City Council can provide further direction regarding specific criteria or
restrictions for international equity investments in future policy reviews, ensuring that
investments align with the City’s broader goals and values.
An alternative to removing the cap would be to adjust the performance benchmark to
align with a 20% international equity maximum allocation. However, this would limit the
portfolio’s ability to match the diversification and returns of the MSCI All Cap World
Index.
Public Agency Retirement Services (PARS) is the City’s Trust Administrator and US Bank
is the City’s Investment Manager for the Pension and OPEB Trusts. The Investment
Manager manages the investments per the investment policies. Within the constraints
imposed by these policies, Investment Managers are expected to comply with all
applicable fiduciary and due diligence requirements under the “prudent investor” rules.
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OPEB and Pension Trust Investment Objectives
The OPEB Trust has a “Balanced” investment objective with a target rate of return of
6.50%, and the Pension Trust has a “Balanced” investment objective with a target rate of
return of 6.25%. The “Balanced” investment objective is designed to provide a moderate
amount of current income with moderate growth of capital. Investors should have
sufficient tolerance for price and return volatility and substantial periodic declines in
investment value. This objective is recommended for investors with a long-term time
horizon. The strategic asset allocation ranges and tactical targets for this objective are
listed below:
Asset Class Range Target
Fixed Income 20-40% 29%
Equities 50-70% 63%
Real Estate 0-15% 5%
Commodities 0-10% 2%
Cash 0-10% 1%
The target rates of return are based on the long-term expected rate of return for assets in
the trusts and the City's time horizon for the investments.
With strong reserves and a fully funded OPEB plan, the City can maintain a long-term
investment horizon with a “balanced” investment objective. There may be periods of
substantial decline in investment value, and the portfolio should expect periodic
volatility. However, a 6.56% return on investment is expected over the long-term, based
on the current investment objective. More conservative investment objectives such as
“moderate” and “moderate-conservative” would expect less volatility and declines in
investment value; however, over the long term, they would also expect lower returns.
Many agencies anticipate needing to access the funds in their respective trusts sooner and
invest with more emphasis on preserving capital in the near term.
The OPEB Trust has a higher discount rate than the Pension Trust because OPEB
investments are expected to have a longer time horizon. OPEB obligations are generally
longer in duration, and the City expects to withdraw Pension Trust funds earlier to fund
CalPERS contributions. Given that changes to the CalPERS discount rate have larger
effects on the City's operating budget and are farther out of the City's control, it is
important that the City be able to use the Trust to pay CalPERS contributions as needed.
Next Steps
If the proposed investment policy changes are approved, the portfolio manager will
strategically incorporate these changes into the investment strategy, aligning the portfolio
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allocations with the updated policy guidelines. This includes rebalancing investments as
necessary to optimize performance while adhering to the revised policy framework.
If the proposed changes are not approved, the portfolio manager will continue to manage
the portfolio based on the existing investment policy. However, maintaining the current
policy may limit the portfolio’s ability to align with performance benchmarks, such as the
MSCI All Cap World Index, potentially impacting long-term returns and diversification
opportunities.
Sustainability Impact
There is no sustainability impact.
Fiscal Impact
There is no direct fiscal impact at this time.
California Environmental Quality Act
Not applicable.
City Work Program (CWP) Item:
Not a CWP item.
CWP Item Description:
Not Applicable.
Council Goal:
Sustainability and Fiscal Strategy
_____________________________________
Prepared by: Jonathan Orozco, Finance Manager
Reviewed by: Kristina Alfaro, Director of Administrative Services
Tina Kapoor, Interim Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – OPEB Trust Investment Policy (Redline)
B – OPEB Trust Investment Policy (Clean)
C – OPEB Investment Policy Draft Resolution
D – Pension Trust Investment Policy (Redline)
E – Pension Trust Investment Policy (Clean)
F – Pension Investment Policy Draft Resolution
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Other Post-
Employment Benefits
(OPEB) Investment
Policy
Citywide Policy Manual
Attachments: N/A
Effective Date:
December 3, 2024 December 5, 2023
Responsible Department:
Administrative Services
Related Policies & Notes:
City Investment Policy, Pension Investment Policy
Overview
In response to the Government Accounting Standards Board (GASB) Statement No. 45,
replaced by GASB Statement No. 74 and GASB Statement No. 75, new disclosure requirements
for Other Post‐employment Benefit (OPEB) Plans, the City of Cupertino has adopted a
Section 115 Trust and Plan that seeks to satisfy these liabilities for certain eligible
employees
Executive Summary
Account Name: City of Cupertino OPEB Trust
Account Number: 6746035000
Investment Authority: Full Investment Authority
Current Assets: $40.7 33.6 million (September 2024 2023)
Time Horizon: Long‐Term
Target Rate of Return: 6.5%
Communication Schedule: Meetings will be conducted at least quarterly
U.S. Bank Portfolio Manager: Dennis Mullins
Dennis.mullins@usbank.com
513‐304‐0398
Rick Rosenthal
richard.rosenthal@usbank.com
213‐359‐7954
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U.S. Bank Relationship Manager: Ryan Maxey
ryan.maxey@usbank.com
503‐464‐3789
Investment Objective: ‘Balanced’
This investment objective is designed to provide a moderate amount of current income with moderate
growth of capital. Investors should have sufficient tolerance for price and return volatility and substantial
periodic declines in investment value. This objective is recommended for investors with a long‐term time
horizon.
The strategic asset allocation ranges and tactical targets for this objective are listed below:
Investment Guidelines
Overview
This document defines the investment policy, guidelines and performance objectives applicable
to the assets of The City of Cupertino’s OPEB Trust. The goal of this Policy is to create an
investment framework within which the assets can be actively yet prudently managed.
The purpose of this document is threefold.
First, it will set forth an investment structure for managing the Portfolio assets. This
structure is expected to produce an appropriate level of overall diversification and
total investment return over the investment time horizon.
Second, it will serve as to encourage effective communications between the
organization and parties involved with investment management decisions.
Third, these guidelines will provide a framework to measure ongoing investment
performance.
Within the constraints imposed by these policies, Investment Managers are expected to comply
with all applicable fiduciary and due diligence requirements under the “prudent investor” rules,
which state: “Investments shall be made with judgment and care, under circumstances then
prevailing, which persons of prudence, discretion and intelligence exercise in the management of
Asset Class Range
Benchmark
Target
Fixed Income 20‐40% 29%
Equities 50‐70% 63%
Real Estate 0‐15% 5%
Commodities 0‐10% 2%
Cash 0‐10% 1%
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their own affairs, not for speculation, but for investment, considering the probable safety of their
capital as well as the probable income to be derived.” All applicable laws, rules and regulations
from various local, state, federal and international political entities that may impact the Portfolio
are to be adhered to.
Diversification
Your Portfolio Manager is responsible for maintaining the balance between the various asset
classes based on the investment objective’s strategic asset allocation. As a general policy, the
Investment Manager will maintain reasonable diversification at all times by asset class, credit
quality, issuer, sector, industry, and country.
The following parameters shall be adhered to in managing the portfolio:
Fixed Income Assets
The fixed income investments are to maintain intermediate‐term average weighted
duration, between three‐seven years.
At the time of purchase, no single fixed income issuer shall exceed 2% of the total market
value of the Portfolio, with the exception of U.S. Treasury or Agency obligations.
The direct high‐yield portion shall constitute no more than 10% of the total market value
of the Portfolio.
Hedged fixed income positions shall constitute no more than 10% of the total market
value of the Portfolio.
Equity & Growth Assets
The domestic equity investments are expected to be diversified at all times by size,
industry, sector, and style (Large Cap, Mid Cap, and Small Cap).
At the time of purchase, no individual equity security shall exceed 2% of the total market
value of the Portfolio.
The international equity investments (including emerging markets) shall constitute no
more than 20% of the total market value of the Portfolio
The real estate investments shall be captured through the use of diversified mutual
funds or ETFs investing in REITs; and shall constitute no more than 15% of the total
market value of the Portfolio.
The commodities investments shall be captured through the use of diversified mutual
funds or ETFs; and shall constitute no more than 10% of the total market value of the
Portfolio.
Hedged equity positions shall constitute no more than 10% of the total market value of
the Portfolio
Permitted Asset Classes and Security Types
Fixed Income & Cash Equivalent Investments:
Domestic Certificates of Deposit (rated A‐1/P‐1 or better)
Domestic Commercial Paper (rated A‐1/P‐1 or better)
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Floating Rate Notes
Money Market Mutual Funds
U.S. Treasury Bonds, Bills and Notes
U.S. Agency (and Instrumentality) Discount Notes, Notes, and Bonds
Treasury Inflation‐Protected Securities (TIPS)
Municipal Bonds and Notes
Corporate Bonds
Mortgage‐Backed Bonds (MBS)
Asset‐Backed Bonds (ABS)
High‐Yield Bonds (rated B‐/B3 or better)
Dollar denominated Foreign Bonds and Notes
Bond Mutual Funds
Equity Investments:
Common & Preferred Stocks
American Depository Receipts (ADRs)
Domestic and International Equity Mutual Funds (Open and Closed)
Emerging Market Equity Funds or Exchange Traded Funds (ETFs)
Alternative Investments:
Commodities Mutual Funds or Exchange Traded Notes (ETNs)
REIT Investment or Pooled Strategy or Fund of REITs
Registered Hedge Funds or Hedge Fund of Funds
Prohibited Asset Classes and Transactions
The Investment Manager is prohibited from purchasing or holding any of the following types of
investments:
Partnerships unless investing in Master Limited Partnerships invested in a mutual fund
and limited in scope and allocation of Portfolio based on asset class limitations of table
above
Letter stock and other unregistered securities; physical commodities or other commodity
contracts; and short sales or margin transactions
Investments in the equity securities of any company with a record of less than three years
continuous operation, including the operation of any predecessor
Investments for the purpose of exercising control of management
Direct or indirect exposure to cryptocurrencies
Leveraged securities, other than registered Hedged Equity and Hedged Fixed Income
positions
Duties and Responsibilities
1) CITY OF CUPERTINO AUDIT COMMITTEE
a) Establish, approve, and maintain investment objectives, guidelines, and policies
(including this Policy).
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b) Appoint Investment Managers who can be reasonably expected to adhere to the
investment guidelines and meet the investment objectives as established.
c) Monitor the investment performance of the Portfolio and compare actual investment
performance relative to an appropriate benchmark index given the stated investment
guidelines and objectives set forth in this Policy.
d) Conduct a formal review of the Portfolio’s asset allocation, investment structure and
performance annually or more frequently as the need arises.
e) Periodically review the Portfolio performance against objectives.
2) CITY OF CUPERTINO CITY COUNCIL
a) Adopt the Policy by resolution of the City Council on an annual basis.
3) PORTFOLIO MANAGER
The Portfolio Manager will be responsible for carrying out the activities related to the
Portfolio in accordance with the Policy including:
a) Manage the day‐to‐day investment of Portfolio assets in accordance with the Policy
guidelines and objectives included herein.
b) Exercise full investment discretion and prudence in the selection and diversification
of investments.
c) Promptly bring to the attention of the City Treasurer or designee any investment that
is subsequently downgraded and fails to meet the quality guidelines, along with a
recommendation of retention or disposal.
d) Provide on a quarterly basis the following investment reporting:
(i) Year‐to‐date rate of return
(ii) Annualized one, three, five, etc. rates of return
e) Provide annually to the City’s Audit Committee a commentary and analysis of
investment performance to include an evaluation of the current and future investment
environment and potential impact of the investment environment on achievement of
investment objectives.
Investment Policy Statement Review
The City’s Audit Committee will review and the Cupertino City Council will adopt this
Investment Policy Statement at least annually to determine whether stated investment objectives
are still relevant and the continued feasibility of achieving the same. It is not expected that the
Policy will change frequently. In particular, short‐term changes in the financial markets should
not require adjustments to the Policy.
If at any time the Portfolio Manager finds the above guidelines too restrictive or possibly injurious
to investment returns, they should communicate that information immediately to the City’s Audit
Committee.
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Revisions: 6.5.2018, 11.19.2019, 11.17.2020, 12.7.2021, 12.06.2022, 12.05.2023, 12.03.2024
City Manager’s signature: _______________________________
Date: _______________________________
Director of Administrative Services’ signature: _______________________________
Date: _______________________________
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Other Post-
Employment Benefits
(OPEB) Investment
Policy
Citywide Policy Manual
Attachments: N/A
Effective Date:
December 3, 2024
Responsible Department:
Administrative Services
Related Policies & Notes:
City Investment Policy, Pension Investment Policy
Overview
In response to the Government Accounting Standards Board (GASB) Statement No. 45,
replaced by GASB Statement No. 74 and GASB Statement No. 75, new disclosure requirements
for Other Post-employment Benefit (OPEB) Plans, the City of Cupertino has adopted a
Section 115 Trust and Plan that seeks to satisfy these liabilities for certain eligible
employees
Executive Summary
Account Name: City of Cupertino OPEB Trust
Account Number: 6746035000
Investment Authority: Full Investment Authority
Current Assets: $40.7 m illion (September 2024)
Time Horizon: Long-Term
Target Rate of Return: 6.5%
Communication Schedule: Meetings will be conducted at least quarterly
U.S. Bank Portfolio Manager: Dennis Mullins
Dennis.mullins@usbank.com
513-304-0398
U.S. Bank Relationship Manager: Ryan Maxey
ryan.maxey@usbank.com
503-464-3789
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Investment Objective: ‘Balanced’
This investment objective is designed to provide a moderate amount of current income with moderate
growth of capital. Investors should have sufficient tolerance for price and return volatility and substantial
periodic declines in investment value. This objective is recommended for investors with a long-term time
horizon.
The strategic asset allocation ranges and tactical targets for this objective are listed below:
Investment Guidelines
Overview
This document defines the investment policy, guidelines and performance objectives applicable
to the assets of The City of Cupertino’s OPEB Trust. The goal of this Policy is to create an
investment framework within which the assets can be actively yet prudently managed.
The purpose of this document is threefold.
First, it will set forth an investment structure for managing the Portfolio assets. This
structure is expected to produce an appropriate level of overall diversification and
total investment return over the investment time horizon.
Second, it will serve as to encourage effective communications between the
organization and parties involved with investment management decisions.
Third, these guidelines will provide a framework to measure ongoing investment
performance.
Within the constraints imposed by these policies, Investment Managers are expected to comply
with all applicable fiduciary and due diligence requirements under the “prudent investor” rules,
which state: “Investments shall be made with judgment and care, under circumstances then
prevailing, which persons of prudence, discretion and intelligence exercise in the management of
their own affairs, not for speculation, but for investment, considering the probable safety of their
capital as well as the probable income to be derived.” All applicable laws, rules and regulations
from various local, state, federal and international political entities that may impact the Portfolio
are to be adhered to.
Asset Class Range
Benchmark
Target
Fixed Income 20-40% 29%
Equities 50-70% 63%
Real Estate 0-15% 5%
Commodities 0-10% 2%
Cash 0-10% 1%
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Diversification
Your Portfolio Manager is responsible for maintaining the balance between the various asset classes based on the investment objective’s strategic asset allocation. As a general policy, the Investment Manager will maintain reasonable diversification at all times by asset class, credit quality, issuer, sector, industry, and country.
The following parameters shall be adhered to in managing the portfolio:
Fixed Income Assets
• The fixed income investments are to maintain intermediate-term average weighted
duration, between three-seven years.
• At the time of purchase, no single fixed income issuer shall exceed 2% of the total market
value of the Portfolio, with the exception of U.S. Treasury or Agency obligations.
• The direct high-yield portion shall constitute no more than 10% of the total market value
of the Portfolio.
• Hedged fixed income positions shall constitute no more than 10% of the total market
value of the Portfolio.
Equity & Growth Assets
• The domestic equity investments are expected to be diversified at all times by size,
industry, sector, and style (Large Cap, Mid Cap, and Small Cap).
• At the time of purchase, no individual equity security shall exceed 2% of the total market
value of the Portfolio.
• The real estate investments shall be captured through the use of diversified mutual
funds or ETFs investing in REITs; and shall constitute no more than 15% of the total
market value of the Portfolio.
• The commodities investments shall be captured through the use of diversified mutual
funds or ETFs; and shall constitute no more than 10% of the total market value of the
Portfolio.
• Hedged equity positions shall constitute no more than 10% of the total market value of
the Portfolio
Permitted Asset Classes and Security Types
Fixed Income & Cash Equivalent Investments:
Domestic Certificates of Deposit (rated A-1/P-1 or better)
Domestic Commercial Paper (rated A-1/P-1 or better)
Floating Rate Notes
Money Market Mutual Funds
U.S. Treasury Bonds, Bills and Notes
U.S. Agency (and Instrumentality) Discount Notes, Notes, and Bonds
Treasury Inflation-Protected Securities (TIPS)
Municipal Bonds and Notes
Corporate Bonds
Mortgage-Backed Bonds (MBS)
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Asset-Backed Bonds (ABS)
High-Yield Bonds (rated B-/B3 or better)
Dollar denominated Foreign Bonds and Notes
Bond Mutual Funds
Equity Investments:
Common & Preferred Stocks
American Depository Receipts (ADRs)
Domestic and International Equity Mutual Funds (Open and Closed)
Emerging Market Equity Funds or Exchange Traded Funds (ETFs)
Alternative Investments:
Commodities Mutual Funds or Exchange Traded Notes (ETNs)
REIT Investment or Pooled Strategy or Fund of REITs
Registered Hedge Funds or Hedge Fund of Funds
Prohibited Asset Classes and Transactions
The Investment Manager is prohibited from purchasing or holding any of the following types of
investments:
Partnerships unless investing in Master Limited Partnerships invested in a mutual fund
and limited in scope and allocation of Portfolio based on asset class limitations of table
above
Letter stock and other unregistered securities; physical commodities or other commodity
contracts; and short sales or margin transactions
Investments in the equity securities of any company with a record of less than three years
continuous operation, including the operation of any predecessor
Investments for the purpose of exercising control of management
Direct or indirect exposure to cryptocurrencies
Leveraged securities, other than registered Hedged Equity and Hedged Fixed Income
positions
Duties and Responsibilities
1) CITY OF CUPERTINO AUDIT COMMITTEE
a) Establish, approve, and maintain investment objectives, guidelines, and policies
(including this Policy).
b) Appoint Investment Managers who can be reasonably expected to adhere to the
investment guidelines and meet the investment objectives as established.
c) Monitor the investment performance of the Portfolio and compare actual investment
performance relative to an appropriate benchmark index given the stated investment
guidelines and objectives set forth in this Policy.
d) Conduct a formal review of the Portfolio’s asset allocation, investment structure and
performance annually or more frequently as the need arises.
e) Periodically review the Portfolio performance against objectives.
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2) CITY OF CUPERTINO CITY COUNCIL
a) Adopt the Policy by resolution of the City Council on an annual basis.
3) PORTFOLIO MANAGER
The Portfolio Manager will be responsible for carrying out the activities related to the
Portfolio in accordance with the Policy including:
a) Manage the day-to-day investment of Portfolio assets in accordance with the Policy
guidelines and objectives included herein.
b) Exercise full investment discretion and prudence in the selection and diversification
of investments.
c) Promptly bring to the attention of the City Treasurer or designee any investment that
is subsequently downgraded and fails to meet the quality guidelines, along with a
recommendation of retention or disposal.
d) Provide on a quarterly basis the following investment reporting:
(i) Year-to-date rate of return
(ii) Annualized one, three, five, etc. rates of return
e) Provide annually to the City’s Audit Committee a commentary and analysis of
investment performance to include an evaluation of the current and future investment
environment and potential impact of the investment environment on achievement of
investment objectives.
Investment Policy Statement Review
The City’s Audit Committee will review and the Cupertino City Council will adopt this
Investment Policy Statement at least annually to determine whether stated investment objectives
are still relevant and the continued feasibility of achieving the same. It is not expected that the
Policy will change frequently. In particular, short-term changes in the financial markets should
not require adjustments to the Policy.
If at any time the Portfolio Manager finds the above guidelines too restrictive or possibly injurious
to investment returns, they should communicate that information immediately to the City’s Audit
Committee.
City Manager’s signature: _______________________________
Date: _______________________________
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Revisions: 6.5.2018, 11.19.2019, 11.17.2020, 12.7.2021, 12.06.2022, 12.05.2023, 12.03.2024
Director of Administrative Services’ signature: _______________________________
Date: _______________________________
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RESOLUTION NO. 24-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING THE CITY INVESTMENT POLICY FOR THE OTHER POST-EMPLOYMENT BENEFITS TRUST
WHEREAS, the City’s Other Post-Employment Benefit Trust, established for sole
purpose to benefit the general public, has available funds to invest in accordance with
principles of sound treasury management; and
WHEREAS, the City invests funds in accordance with provisions of California
Government Code Section 53600; and
WHEREAS, the City’s Audit Committee reviewed and accepted the attached City
Investment Policy for the Other Post-Employment Benefits Trust on October 31, 2024.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino accepts the attached City Investment Policy for the Other Post-Employment
Benefits Trust dated December 3, 2024.
BE IT FURTHER RESOLVED that this Resolution is not a project under the
requirements of the California Environmental Quality Act, together with related State
CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in
physical change in the environment. In the event that this Resolution 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 that the action
approved may have a significant effect on the environment. CEQA applies only to actions
which have the potential for 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 proposed action to accept the City’s Investment Policy would have no or
only a de minimis effect on the environment. The foregoing determination is made by the
City Council in its independent judgment.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 3rd day of December 2024, by the following vote:
Vote Members of the City Council
AYES:
NOES:
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ABSENT:
ABSTAIN:
SIGNED:
________
Sheila Mohan, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
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Pension Trust
Investment Policy
Citywide Policy Manual
Attachments: N/A
Effective Date:
December 3, 2024 December 5, 2023
Responsible Department:
Administrative Services
Related Policies & Notes:
N/A
Investment Policy Statement
Overview
The City has established a Section 115 Trust with PARS to assist in stabilizing the potential impact
of pension cost volatility on the City’s operating budget. The City intends to use the Section 115
Trust to pre‐fund pension costs and proactively address the unfunded liability. The City’s goal
is to have sufficient assets in the trust to increase the funded status to over 80% within 20 years,
as well as fund the difference between a 7.0% and 6.25% discount rate.
Executive Summary
Account Name: City of Cupertino Pension Trust
Account Number: 6746050100
Investment Authority: Full Investment Authority
Current Assets: $23.0 18.5 Million (September 2024 2023)
Time Horizon: Long‐Term
Target Rate of Return: 6.25%
Communication Schedule: Meetings will be conducted at least quarterly
U.S. Bank Portfolio Manager: Dennis Mullins
Dennis.mullins@usbank.com
513‐304‐0398
Rick Rosenthal
richard.rosenthal@usbank.com
213‐359‐7954
U.S. Bank Relationship Manager: Ryan Maxey
ryan.maxey@usbank.com
503‐464‐3789
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Investment Objective: ‘Balanced’
This investment objective is designed to provide a moderate amount of current income with moderate
growth of capital. Investors should have sufficient tolerance for price and return volatility and substantial
periodic declines in investment value. This objective is recommended for investors with a long‐term time
horizon.
The strategic asset allocation ranges and tactical targets for this objective are listed below:
Investment Guidelines
Overview
This document defines the investment policy, guidelines and performance objectives applicable
to the assets of The City of Cupertino’s Pension Trust. The goal of this Policy is to create an
investment framework within which the assets can be actively yet prudently managed.
The purpose of this document is threefold.
First, it will set forth an investment structure for managing the Portfolio assets. This
structure is expected to produce an appropriate level of overall diversification and
total investment return over the investment time horizon.
Second, it will serve as to encourage effective communications between the
organization and parties involved with investment management decisions.
Third, these guidelines will provide a framework to measure ongoing investment
performance.
Within the constraints imposed by these policies, Investment Managers are expected to comply
with all applicable fiduciary and due diligence requirements under the “prudent investor” rules,
which state: “Investments shall be made with judgment and care, under circumstances then
prevailing, which persons of prudence, discretion and intelligence exercise in the management of
their own affairs, not for speculation, but for investment, considering the probable safety of their
capital as well as the probable income to be derived.” All applicable laws, rules and regulations
Asset Class Range
Benchmark
Target
Fixed Income 20‐40% 29%
Equities 50‐70% 63%
Real Estate 0‐15% 5%
Commodities 0‐10% 2%
Cash 0‐10% 1%
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from various local, state, federal and international political entities that may impact the Portfolio
are to be adhered to.
Diversification
Your Portfolio Manager is responsible for maintaining the balance between the various asset
classes based on the investment objective’s strategic asset allocation. As a general policy, the
Investment Manager will maintain reasonable diversification at all times by asset class, credit
quality, issuer, sector, industry, and country.
The following parameters shall be adhered to in managing the portfolio:
Fixed Income Assets
The fixed income investments are to maintain intermediate‐term average weighted
duration, between three‐seven years.
At the time of purchase, no single fixed income issuer shall exceed 2% of the total market
value of the Portfolio, with the exception of U.S. Treasury or Agency obligations.
The direct high‐yield portion shall constitute no more than 10% of the total market value
of the Portfolio.
Hedged fixed income positions shall constitute no more than 10% of the total market
value of the Portfolio
Equity & Growth Assets
The domestic equity investments are expected to be diversified at all times by size,
industry, sector, and style (Large Cap, Mid Cap, and Small Cap).
At the time of purchase, no individual equity security shall exceed 2% of the total market
value of the Portfolio.
The international equity investments (including emerging markets) shall constitute no
more than 20% of the total market value of the Portfolio
The real estate investments shall be captured through the use of diversified mutual
funds or ETFs investing in REITs; and shall constitute no more than 15% of the total
market value of the Portfolio.
The commodities investments shall be captured through the use of diversified mutual
funds or ETFs; and shall constitute no more than 10% of the total market value of the
Portfolio.
Hedged equity positions shall constitute no more than 10% of the total market value of
the Portfolio
Permitted Asset Classes and Security Types
Fixed Income & Cash Equivalent Investments:
Domestic Certificates of Deposit (rated A‐1/P‐1 or better)
Domestic Commercial Paper (rated A‐1/P‐1 or better)
Floating Rate Notes
Money Market Mutual Funds
U.S. Treasury Bonds, Bills and Notes
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U.S. Agency (and Instrumentality) Discount Notes, Notes, and Bonds
Treasury Inflation‐Protected Securities (TIPS)
Municipal Bonds and Notes
Corporate Bonds
Mortgage‐Backed Bonds (MBS)
Asset‐Backed Bonds (ABS)
High‐Yield Bonds (rated B‐/B3 or better)
Dollar denominated Foreign Bonds and Notes
Bond Mutual Funds
Equity Investments:
Common & Preferred Stocks
American Depository Receipts (ADRs)
Domestic and International Equity Mutual Funds (Open and Closed)
Emerging Market Equity Funds or Exchange Traded Funds (ETFs)
Alternative Investments:
Commodities Mutual Funds or Exchange Traded Notes (ETNs)
REIT Investment or Pooled Strategy or Fund of REITs
Registered Hedge Funds or Hedge Fund of Funds
Prohibited Asset Classes and Transactions
The Investment Manager is prohibited from purchasing or holding any of the following types of
investments:
Partnerships unless investing in Master Limited Partnerships invested in a mutual fund
and limited in scope and allocation of Portfolio based on asset class limitations of table
above
Letter stock and other unregistered securities; physical commodities or other commodity
contracts; and short sales or margin transactions
Investments in the equity securities of any company with a record of less than three years
continuous operation, including the operation of any predecessor
Investments for the purpose of exercising control of management
Direct or indirect exposure to cryptocurrencies
Leveraged securities, other than registered Hedged Equity and Hedged Fixed Income
positions
Duties and Responsibilities
1) CITY OF CUPERTINO AUDIT COMMITTEE
a) Establish, approve, and maintain investment objectives, guidelines, and policies
(including this Policy).
b) Appoint Investment Managers who can be reasonably expected to adhere to the
investment guidelines and meet the investment objectives as established.
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c) Monitor the investment performance of the Portfolio and compare actual investment
performance relative to an appropriate benchmark index given the stated investment
guidelines and objectives set forth in this Policy.
d) Conduct a formal review of the Portfolio’s asset allocation, investment structure and
performance annually or more frequently as the need arises.
e) Periodically review the Portfolio performance against objectives.
2) CITY OF CUPERTINO CITY COUNCIL
a) Adopt the Policy by resolution of the City Council on an annual basis.
3) PORTFOLIO MANAGER
The Portfolio Manager will be responsible for carrying out the activities related to the
Portfolio in accordance with the Policy including:
a) Manage the day‐to‐day investment of Portfolio assets in accordance with the Policy
guidelines and objectives included herein.
b) Exercise full investment discretion and prudence in the selection and diversification
of investments.
c) Promptly bring to the attention of the City Treasurer or designee any investment that
is subsequently downgraded and fails to meet the quality guidelines, along with a
recommendation of retention or disposal.
d) Provide on a quarterly basis the following investment reporting:
(i) Year‐to‐date rate of return
(ii) Annualized one, three, five, etc. rates of return
e) Provide annually to the City’s Audit Committee a commentary and analysis of
investment performance to include an evaluation of the current and future investment
environment and potential impact of the investment environment on achievement of
investment objectives.
Investment Policy Statement Review
The City’s Audit Committee will review and the Cupertino City Council will adopt this
Investment Policy Statement at least annually to determine whether stated investment objectives
are still relevant and the continued feasibility of achieving the same. It is not expected that the
Policy will change frequently. In particular, short‐term changes in the financial markets should
not require adjustments to the Policy.
If at any time the Portfolio Manager finds the above guidelines too restrictive or possibly injurious
to investment returns, they should communicate that information immediately to the City’s Audit
Committee.
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Revisions: 11.19.2019, 11.17.2020, 12.7.2021, 12.06.2022, 12.05.2023, 12.03.2024
City Manager’s signature: _______________________________
Date: _______________________________
Director of Administrative Services’ signature: _______________________________
Date: _______________________________
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Pension Trust
Investment Policy
Citywide Policy Manual
Attachments: N/A
Effective Date:
December 3, 2024
Responsible Department:
Administrative Services
Related Policies & Notes:
N/A
Investment Policy Statement
Overview
The City has established a Section 115 Trust with PARS to assist in stabilizing the potential impact
of pension cost volatility on the City’s operating budget. The City intends to use the Section 115
Trust to pre-fund pension costs and proactively address the unfunded liability. The City’s goal
is to have sufficient assets in the trust to increase the funded status to over 80% within 20 years,
as well as fund the difference between a 7.0% and 6.25% discount rate.
Executive Summary
Account Name: City of Cupertino Pension Trust
Account Number: 6746050100
Investment Authority: Full Investment Authority
Current Assets: $23.0 Million (September 2024)
Time Horizon: Long-Term
Target Rate of Return: 6.25%
Communication Schedule: Meetings will be conducted at least quarterly
U.S. Bank Portfolio Manager: Dennis Mullins
Dennis.mullins@usbank.com
513-304-0398
U.S. Bank Relationship Manager: Ryan Maxey
ryan.maxey@usbank.com
503-464-3789
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Investment Objective: ‘Balanced’
This investment objective is designed to provide a moderate amount of current income with moderate
growth of capital. Investors should have sufficient tolerance for price and return volatility and substantial
periodic declines in investment value. This objective is recommended for investors with a long-term time
horizon.
The strategic asset allocation ranges and tactical targets for this objective are listed below:
Investment Guidelines
Overview
This document defines the investment policy, guidelines and performance objectives applicable
to the assets of The City of Cupertino’s Pension Trust. The goal of this Policy is to create an
investment framework within which the assets can be actively yet prudently managed.
The purpose of this document is threefold.
First, it will set forth an investment structure for managing the Portfolio assets. This
structure is expected to produce an appropriate level of overall diversification and
total investment return over the investment time horizon.
Second, it will serve as to encourage effective communications between the
organization and parties involved with investment management decisions.
Third, these guidelines will provide a framework to measure ongoing investment
performance.
Within the constraints imposed by these policies, Investment Managers are expected to comply
with all applicable fiduciary and due diligence requirements under the “prudent investor” rules,
which state: “Investments shall be made with judgment and care, under circumstances then
prevailing, which persons of prudence, discretion and intelligence exercise in the management of
their own affairs, not for speculation, but for investment, considering the probable safety of their
capital as well as the probable income to be derived.” All applicable laws, rules and regulations
from various local, state, federal and international political entities that may impact the Portfolio
are to be adhered to.
Asset Class Range
Benchmark
Target
Fixed Income 20-40% 29%
Equities 50-70% 63%
Real Estate 0-15% 5%
Commodities 0-10% 2%
Cash 0-10% 1%
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Diversification
Your Portfolio Manager is responsible for maintaining the balance between the various asset classes based on the investment objective’s strategic asset allocation. As a general policy, the Investment Manager will maintain reasonable diversification at all times by asset class, credit quality, issuer, sector, industry, and country.
The following parameters shall be adhered to in managing the portfolio:
Fixed Income Assets
• The fixed income investments are to maintain intermediate-term average weighted
duration, between three-seven years.
• At the time of purchase, no single fixed income issuer shall exceed 2% of the total market
value of the Portfolio, with the exception of U.S. Treasury or Agency obligations.
• The direct high-yield portion shall constitute no more than 10% of the total market value
of the Portfolio.
• Hedged fixed income positions shall constitute no more than 10% of the total market
value of the Portfolio
Equity & Growth Assets
• The domestic equity investments are expected to be diversified at all times by size,
industry, sector, and style (Large Cap, Mid Cap, and Small Cap).
• At the time of purchase, no individual equity security shall exceed 2% of the total market
value of the Portfolio.
• The real estate investments shall be captured through the use of diversified mutual
funds or ETFs investing in REITs; and shall constitute no more than 15% of the total
market value of the Portfolio.
• The commodities investments shall be captured through the use of diversified mutual
funds or ETFs; and shall constitute no more than 10% of the total market value of the
Portfolio.
• Hedged equity positions shall constitute no more than 10% of the total market value of
the Portfolio
Permitted Asset Classes and Security Types
Fixed Income & Cash Equivalent Investments:
Domestic Certificates of Deposit (rated A-1/P-1 or better)
Domestic Commercial Paper (rated A-1/P-1 or better)
Floating Rate Notes
Money Market Mutual Funds
U.S. Treasury Bonds, Bills and Notes
U.S. Agency (and Instrumentality) Discount Notes, Notes, and Bonds
Treasury Inflation-Protected Securities (TIPS)
Municipal Bonds and Notes
Corporate Bonds
Mortgage-Backed Bonds (MBS)
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Asset-Backed Bonds (ABS)
High-Yield Bonds (rated B-/B3 or better)
Dollar denominated Foreign Bonds and Notes
Bond Mutual Funds
Equity Investments:
Common & Preferred Stocks
American Depository Receipts (ADRs)
Domestic and International Equity Mutual Funds (Open and Closed)
Emerging Market Equity Funds or Exchange Traded Funds (ETFs)
Alternative Investments:
Commodities Mutual Funds or Exchange Traded Notes (ETNs)
REIT Investment or Pooled Strategy or Fund of REITs
Registered Hedge Funds or Hedge Fund of Funds
Prohibited Asset Classes and Transactions
The Investment Manager is prohibited from purchasing or holding any of the following types of
investments:
Partnerships unless investing in Master Limited Partnerships invested in a mutual fund
and limited in scope and allocation of Portfolio based on asset class limitations of table
above
Letter stock and other unregistered securities; physical commodities or other commodity
contracts; and short sales or margin transactions
Investments in the equity securities of any company with a record of less than three years
continuous operation, including the operation of any predecessor
Investments for the purpose of exercising control of management
Direct or indirect exposure to cryptocurrencies
Leveraged securities, other than registered Hedged Equity and Hedged Fixed Income
positions
Duties and Responsibilities
1) CITY OF CUPERTINO AUDIT COMMITTEE
a) Establish, approve, and maintain investment objectives, guidelines, and policies
(including this Policy).
b) Appoint Investment Managers who can be reasonably expected to adhere to the
investment guidelines and meet the investment objectives as established.
c) Monitor the investment performance of the Portfolio and compare actual investment
performance relative to an appropriate benchmark index given the stated investment
guidelines and objectives set forth in this Policy.
d) Conduct a formal review of the Portfolio’s asset allocation, investment structure and
performance annually or more frequently as the need arises.
e) Periodically review the Portfolio performance against objectives.
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2) CITY OF CUPERTINO CITY COUNCIL
a) Adopt the Policy by resolution of the City Council on an annual basis.
3) PORTFOLIO MANAGER
The Portfolio Manager will be responsible for carrying out the activities related to the
Portfolio in accordance with the Policy including:
a) Manage the day-to-day investment of Portfolio assets in accordance with the Policy
guidelines and objectives included herein.
b) Exercise full investment discretion and prudence in the selection and diversification
of investments.
c) Promptly bring to the attention of the City Treasurer or designee any investment that
is subsequently downgraded and fails to meet the quality guidelines, along with a
recommendation of retention or disposal.
d) Provide on a quarterly basis the following investment reporting:
(i) Year-to-date rate of return
(ii) Annualized one, three, five, etc. rates of return
e) Provide annually to the City’s Audit Committee a commentary and analysis of
investment performance to include an evaluation of the current and future investment
environment and potential impact of the investment environment on achievement of
investment objectives.
Investment Policy Statement Review
The City’s Audit Committee will review and the Cupertino City Council will adopt this
Investment Policy Statement at least annually to determine whether stated investment objectives
are still relevant and the continued feasibility of achieving the same. It is not expected that the
Policy will change frequently. In particular, short-term changes in the financial markets should
not require adjustments to the Policy.
If at any time the Portfolio Manager finds the above guidelines too restrictive or possibly injurious
to investment returns, they should communicate that information immediately to the City’s Audit
Committee.
City Manager’s signature: _______________________________
Date: _______________________________
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Revisions: 11.19.2019, 11.17.2020, 12.7.2021, 12.06.2022, 12.05.2023, 12.03.2024
Director of Administrative Services’ signature: _______________________________
Date: _______________________________
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RESOLUTION NO. 24-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING THE CITY INVESTMENT POLICY FOR THE PENSION TRUST
WHEREAS, the City’s Pension Trust, established for sole purpose to benefit the
general public, has available funds to invest in accordance with principles of sound
treasury management; and
WHEREAS, the City invests funds in accordance with provisions of California
Government Code Section 53600; and
WHEREAS, the City’s Audit Committee reviewed and accepted the attached City
Investment Policy for the Pension Trust on October 31, 2024.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino accepts the attached City Investment Policy for the Pension Trust dated
December 3, 2024.
BE IT FURTHER RESOLVED that this Resolution is not a project under the
requirements of the California Environmental Quality Act, together with related State
CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in
physical change in the environment. In the event that this Resolution 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 that the action
approved may have a significant effect on the environment. CEQA applies only to actions
which have the potential for 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 proposed action to accept the City’s Investment Policy would have no or
only a de minimis effect on the environment. The foregoing determination is made by the
City Council in its independent judgment.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 3rd day of December 2024, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT: 77
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ABSTAIN:
SIGNED:
________
Sheila Mohan, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
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CITY OF CUPERTINO
Agenda Item
24-13490 Agenda Date: 12/3/2024
Agenda #: 4.
Subject: Approve the November 18, 2024 City Council minutes
Approve the November 18, 2024 City Council minutes
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Monday, November 18, 2024
SPECIAL MEETING
At 5:01 p.m., Mayor Sheila Mohan called the Special City Council Meeting to order in Cupertino
City Hall Conference Room C, 10300 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.
In open session prior to closed session, Mayor Mohan opened the public comment period
regarding any item on the agenda. The following members of the public requested to speak:
Lisa Warren
Mayor Mohan closed the public comment period.
CLOSED SESSION
1. Subject: Public Employee Performance Evaluation (Gov. Code § 54957(b)(1)); Title: City
Manager
Written communications for this item included emails to Council.
Council conducted the Performance Evaluation for City Manager.
2. Subject: Public Employee Performance Evaluation (Gov. Code § 54957(b)(1)); Title: City
Attorney
Written communications for this item included emails to Council.
Council conducted the Performance Evaluation for City Attorney .
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City Council Minutes November 18, 2024
OPEN SESSION REPORT REGARDING CLOSED SESSION
City Clerk Kirsten Squarcia conducted the open session report regarding the closed session.
City Clerk Squarcia reported that there was no reportable action.
ADJOURNMENT
At 9:46 p.m., Mayor Mohan adjourned the Special City Council Meeting.
Minutes prepared by:
_________________________
Kirsten Squarcia, City Clerk
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CITY OF CUPERTINO
Agenda Item
23-12665 Agenda Date: 12/3/2024
Agenda #: 5.
Subject: Approve the November 19, 2024 City Council minutes
Approve the November 19, 2024 City Council minutes
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, November 19, 2024
At 6:46 p.m., Mayor Sheila Mohan called the Regular City Council Meeting to order 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.
CLOSED SESSION REPORT
City Attorney Chris Jensen conducted the closed session report. City Attorney Jensen reported
that there was nothing to report.
CEREMONIAL ITEMS
1. Subject: Recognition of November 30, 2024 as Small Business Saturday
Recommended Action: Recognize November 30, 2024 as Small Business Saturday
Mayor Mohan recognized November 30, 2024 as Small Business Saturday.
PRESENTATIONS
2. Subject: Annual Report of the Technology, Information, and Communications
Commission
Recommended Action: Receive report of annual activities of the Technology,
Information, and Communications Commission
Written communications for this item included a presentation.
Technology, Information, and Communications Commission Chair Prabir Mohanty
gave a presentation.
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Council received the report of annual activities of the Technology, Information, and
Communications Commission.
3. Subject: Presentation from Cupertino Bhubaneswar Sister City
Recommended Action: Receive presentation from Cupertino Bhubaneswar Sister City
Written communications for this item included a presentation.
Cupertino Bhubaneswar Sister City Initiative Co-founder Mahesh Pakala gave a
presentation.
Council received the presentation from Cupertino Bhubaneswar Sister City.
4. Subject: Presentation from Cupertino Toyokawa Sister City
Recommended Action: Receive presentation from Cupertino Toyokawa Sister City
Written communications for this item included a presentation.
Cupertino-Toyokawa Sister Cities President Alyssa Sakkas shared a video presentation
and the 2024 student delegation provided comments.
Council received the presentation from Cupertino Toyokawa Sister City.
POSTPONEMENTS AND ORDERS OF THE DAY – None
ORAL COMMUNICATIONS
Written communications for this item included emails forwarded by Councilmembers.
The following members of the public spoke:
David Lim discussed pickleball courts at Memorial Park.
Keith Kreft discussed the proposed development on Linda Vista Drive.
Lakshmi, representing Ambedkar King Study Circle (AKSC), discussed caste discrimination.
Shan My Gavel, representing Ambedkar King Study Circle (AKSC), discussed caste
discrimination.
Karthikeyan, representing Ambedkar King Study Circle (AKSC), discussed caste
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discrimination.
Jean Bedord discussed the City Manager and City Attorney performance evaluations.
Louise Saadati discussed the City Manager and City Attorney performance evaluations.
David discussed the rezoning of Linda Vista Drive.
San R discussed various topics including Councilmembers, Council actions, and the election.
Debbie Timmers discussed the City Manager and City Attorney performance evaluations.
Lisa discussed the City Manager and City Attorney performance evaluations.
Sashi Begur discussed various topics including SB 403, transparency, Council actions, and
rezoning.
Mayor Mohan closed the public comment period.
CONSENT CALENDAR (Items 5-15)
Items 12 and 14 were removed from the Consent Calendar by Councilmember Chao and items 7
and 15 were removed by Councilmember Moore.
MOTION: Fruen moved (no second) to approve the items on the Consent Calendar except for
as indicated. The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, Moore,
and Wei. Noes: None. Abstain: None. Absent: None.
Items 7, 12, 14, and 15 were placed after the Action Calendar for consideration per rule.
5. Subject: Approve the October 15, 2024 City Council minutes
Recommended Action: Approve the October 15, 2024 City Council minutes
6. Subject: Approve the October 23, 2024 City Council minutes
Recommended Action: Approve the October 23, 2024 City Council minutes
8. Subject: Ratifying Accounts Payable for the periods ending October 4, 2024; October 11,
2024; October 18, 2024; and October 25, 2024
Recommended Action: A. Adopt Resolution No. 24-100 ratifying Accounts Payable for
the Period ending October 4, 2024;
B. Adopt Resolution No. 24-101 ratifying Accounts Payable for the Period ending
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October 11, 2024;
C. Adopt Resolution No. 24-102 ratifying Accounts Payable for the Period ending
October 18, 2024; and
D. Adopt Resolution No. 24-103 ratifying Accounts Payable for the Period ending
October 25, 2024
Written communications for this item included emails to Council.
9. Subject: Adoption of amendments to Cupertino Municipal Code Chapter 2.32
(Planning Commission), Chapter 2.74 (Technology, Information, and Communications
Commission), Chapter 2.86 (Housing Commission), Chapter 11.08 (Bicycles), and
Chapter 13.04 (Parks), and repeal of Municipal Code Chapter 15.04 (Waterworks
System - Rates and Charges).
Recommended Action: Conduct the second reading of and adopt Ordinance No.
24-2267: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
REPEALING MUNICIPAL CODE CHAPTER 15.04 AND AMENDING MUNICIPAL
CODE CHAPTERS 2.32, 2,74, 2.86, 11.08, AND 13.04.”
10. Subject: Mitigation Fee Act - the Annual & Five-Year Report for Fiscal Year (FY)
2023-2024
Recommended Action: Adopt Resolution No. 24-104 entitled "A Resolution of the City
of Cupertino City Council approving the Annual and Five-Year Mitigation Fee Report
for Fiscal Year ending June 30, 2024, and making required findings" to:
1. Make the required findings; and
2. Approve the Annual & Five-Year Mitigation Fee Report for the Fiscal Year ending
June 30, 2024, as required by Government Code Section 66000 et seq.
Written communications for this item included emails to Council.
11. Subject: Adopt a maximum rate schedule for Rate Period Five (RP 5) for Recology to
provide recycling, organics, and solid waste collection, recycling and organics
processing services, and transport for disposal as calculated using the allowed and
approved methodology in the Franchise Agreement (Attachment A)
Recommended Action: Adopt Resolution No. 24-105 (Attachment B) to:
1) Adopt a maximum rate schedule for RP 5 for Recology to provide recycling,
organics, and solid waste collection, recycling and organics processing services, and
transport for disposal pursuant to the Franchise Agreement (Attachment A (FA Exhibit
E1)); and
2) Authorize the use of $394,465 of restricted-use Enterprise Funds to smooth and
mitigate the RP 5 adjustment
13. Subject: First Amendment to contract with Azteca Systems, LLC., for Cityworks,
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Cupertino’s Asset Management System subscription service, for a total not-to-exceed
amount of $362,584.37, and extending the contract date to December 30, 2028.
Recommended Action: Authorize the City Manager to execute a First Amendment of
the contract with Azteca Systems, LLC., for Cityworks, Cupertino’s Asset Management
System subscription service, for a total not-to-exceed amount of $362,584.37 and
extending the contract date to December 30, 2028.
At 8:03 p.m. Mayor Mohan recessed the meeting. The meeting reconvened at 8:15 p.m. with all
councilmembers present.
PUBLIC HEARINGS - None
ACTION CALENDAR
16. Subject: Adopt an allocation plan for funds uncommitted from the Sales Tax
Repayment reserve
Recommended Action: Option A:
A. Adopt Option A
Option B:
A. Adopt Option B
B. Adopt Resolution No. 24-109 approving budget modification No. 2425-366,
increasing appropriations by $11,688,705
C. Adopt Resolution No. 24-110 amending the Unrepresented Employees’
Compensation Program
D. Approve new three-year limited term Grants Analyst position for grants
management
E. Approve new Assistant Director of Administrative Services, Grants Analyst, Senior
Business Systems Analyst and Supervising Code Enforcement classifications
Option C:
A. Adopt Option C
B. Adopt Resolution No. 24-109 approving budget modification No. 2425-366,
increasing appropriations by $11,688,705
C. Adopt Resolution No. 24-110 amending the Unrepresented Employees’
Compensation Program
D. Approve new three-year limited term Grants Analyst position for grants
management
E. Approve new Assistant Director of Administrative Services, Grants Analyst, Senior
Business Systems Analyst and Supervising Code Enforcement classifications
Written communications for this item included a supplemental report with staff
responses to councilmember questions and emails to Council.
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Director of Administrative Services Kristina Alfaro gave a presentation.
Councilmembers asked questions and made comments.
Mayor Mohan opened the public comment period and the following members of the public
spoke.
Sujatha Venkatraman, representing West Valley Community Services
Rhoda Fry
San R
Lisa
Mayor Mohan closed the public comment period.
MOTION: Chao moved and Moore seconded to adopt Option A, do nothing and bring the
item back to Council in January to consider budget allocations holistically in every area,
including the areas where Council made reductions in the last year and any areas that
might need a new allocation, with a study session in January for Council and public
consideration; and revisit the items before the final budget adoption in June. Chao
amended the motion to allocate $10 million for a CalPERS Additional Discretionary
Payment (ADP) and retain the rest of the motion as is (Moore declined the amendment
and it was not included in the motion). Council did not vote on this motion.
SUBSTITUTE MOTION: Chao moved and Fruen seconded a substitute motion to adopt
Option A, with the remaining amount placed into a committed reserve fund, and a $10
million allocation for a CalPERS Additional Discretionary Payment (ADP). Chao
amended the substitute motion to bring the item back to Council in January to consider
the budget allocation holistically in every area, including the reductions made by
Council last year, with a study session in January for Council and public consideration
(Fruen accepted the amendment). The amended substitute motion carried with the
following vote: Ayes: Mohan, Fruen, Chao, and Wei. Noes: Moore. Abstain: None.
Absent: None.
Chao requested an informational memo providing information on funding by other
jurisdictions in CalPERS and how the City compares, combined with the City's
investment in Public Agency Retirement Services (PARs).
MOTION: Fruen moved and Moore seconded to reorder the agenda items to hear items 12, 14, 15,
and 7. The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei.
Noes: None. Abstain: None. Absent: None.
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ITEMS REMOVED FROM THE CONSENT CALENDAR
12. Subject: Award a contract to Lifetime Activities Inc. for Sports Center Instruction,
Court Maintenance, and Retail Services at the Cupertino Sports Center for a total
not-to-exceed amount of $24,000,000.
Recommended Action: 1. Award a 10-Year contract to Lifetime Activities Inc. to
provide Sports Center Instruction, Court Maintenance, and Retail Services at the
Cupertino Sports Center for a total not-to-exceed amount of $24,000,000 with the
estimated revenue amount of $3,450,000; and
2. Authorize the City Manager to execute the contract with Lifetime Activities Inc.
consistent with City Council direction.
Written communications for this item included a supplemental report with staff
responses to councilmember questions and emails 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.
Randy Kunkee
Vidya
Sri
Andrew Wu
San R
Vitaly Gorin
Kaz Shin
Lisa
Felix Katsman
Mayor Mohan closed the public comment period.
MOTION: Chao moved to extend the current contract with Lifetime Activities for another
six months and conduct another Request for Proposal (RFP) to clarify for applicants what
flexible options can be proposed, such as different percentage of revenue, one-time
donation, or any other options applicants can propose; and to provide more information on
the City's operation and expectations, with more information on the quality of coaches
available, rated by high, medium, and beginner levels. Council did not vote on this motion.
MODIFIED MOTION: Chao moved and Moore seconded a modified motion to reject the
proposal with Lifetime Activities and bring the item back to the next Council meeting to
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consider extending the current contract for six months and revising the Request for
Proposal (RFP) to clarify what flexible options can be proposed by applicants, such as
different percentage of revenue, one-time donation, or any other options applicants can
propose; and to provide more information on the City's operation and expectations, with
more information on the quality of coaches available, rated by high, medium, and beginner
levels. Moore made a friendly amendment to review the percentage of revenue that the City
receives and provide a staff report explaining the reasons for the reduction in the Projected
City New Revenue. (Chao consented to the friendly amendment). Council did not vote on
this motion.
SUBSTITUTE MOTION: Mohan moved and Fruen seconded a substitute motion to:
1. Award a 5-Year contract to Lifetime Activities Inc. to provide Sports Center Instruction,
Court Maintenance, and Retail Services; and
2. Authorize the City Manager to execute the contract with Lifetime Activities Inc.
consistent with City Council direction.
The substitute motion carried with the following vote: Ayes: Mohan, Fruen, Moore, and
Wei. Noes: Chao. Abstain: None. Absent: None.
ADJOURNMENT
At 10:45 p.m., Mayor Mohan adjourned the Regular City Council Meeting per rule. There was no
Council discussion on the remaining agenda items.
14. Subject: City Manager’s First Quarter Financial Report for Fiscal Year (FY) 2024-25
Recommended Action: A. Accept the City Manager’s First Quarter Financial Report
for Fiscal Year 2024-25; and
B. Adopt Resolution No. 24-106 approving Budget Modification No. 2425-367,
increasing appropriations by $331,128 fund by unassigned fund balance.
Written communications for this item included a supplemental report with staff
responses to councilmember questions, Attachment J - Competitive Grants Revised, and
emails to Council.
This item was pulled from the consent calendar for discussion.
This item was continued to the December 3, 2024 Regular City Council Meeting per rule.
15. Subject: Adopt the OPEB and Pension Trust Investment Policies
Recommended Action: A. Adopt Resolution No. 24-107 for the OPEB Trust Investment
Policy; and
B. Adopt Resolution No. 24-108 for the Pension Trust Investment Policy
This item was pulled from the consent calendar for discussion.
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This item was continued to the December 3, 2024 Regular City Council Meeting per rule.
7. Subject: Resolution amending the City of Cupertino Conflict of Interest Code for
officials and designated employees; Amended 2024 Local Agency Biennial Notice
Recommended Action: 1.) Adopt Resolution No. 24-099 rescinding Resolution No.
24-083 and amending the City of Cupertino Conflict of Interest Code for officials and
designated employees; and
2.) Authorize the City Manager to sign the amended 2024 Local Agency Biennial Notice
Written communications for this item included emails to Council.
This item was pulled from the consent calendar for discussion.
This item was continued to the December 3, 2024 Regular City Council Meeting per rule.
CITY MANAGER REPORT
Council did not hear this item.
ORAL COMMUNICATIONS - CONTINUED – None
COUNCILMEMBER REPORTS
17. Subject: Councilmember Reports
Councilmembers reported on their various committees and events as provided in the
published agenda.
FUTURE AGENDA ITEMS
Council did not hear this item.
Minutes prepared by:
_________________________
Kirsten Squarcia, City Clerk
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CITY OF CUPERTINO
Agenda Item
24-13430 Agenda Date: 12/3/2024
Agenda #: 6.
Subject:Declare properties as having potential fire hazards from weeds or other potential nuisances for the
Cupertino Weed Abatement Program.
Adopt Resolution No. 24-111 declaring properties as having potential fire hazards from weeds or other
potential nuisances (Attachment A) and set hearing on January 22, 2025 to declare a public nuisance and to
consider objections for proposed removal.
CITY OF CUPERTINO Printed on 11/26/2024Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: December 3, 2024
Subject
Declare properties as having potential fire hazards from weeds or other potential nuisances for
the Cupertino Weed Abatement Program.
Recommended Action
Adopt Resolution No. 24-____ declaring properties as having potential fire hazards from weeds
or other potential nuisances (Attachment A) and set hearing on January 22, 2025 to declare a
public nuisance and to consider objections for proposed removal.
Reasons for Recommendation
The Cupertino Weed Abatement Program is in place to prevent fire hazards and other nuisances
posed by vegetative growth (weeds) and the accumulation of combustible materials. This
program is managed by the Santa Clara County Department of Agriculture. Cupertino Municipal
Code Chapter 9.08 requires property owners to remove or destroy weeds on their property for
fire and public health protection. Cupertino Municipal Code Section 9.08.020 states:
Whenever any weeds are growing upon any private property or properties or in
any street or alley within the City. The City Council shall pass a resolution
declaring the same to be a public nuisance and order the County Agricultural
Commissioner to give notice of the passage of such resolution as provided in this
chapter, and state therein that, unless such nuisance is abated without delay by
the destruction or removal of such weeds, the work of abating such nuisance will
be done by the County Agricultural Commissioner, and the expense thereof
assessed upon the lots and lands from which, and/or in the front and rear of which,
such weeds have been destroyed or removed. Such resolution shall fix the time
and place for hearing any objections to the proposed destruction or removal of the
weeds.
The weed abatement process is in place to notify the property owners of this responsibility,
authorize the County to remove the weeds if the property owner does not do so, and allow the
County to recover the costs of abatement.
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Process for Weed Abatement Program Outlined
The weed abatement process consists of nine steps that begin in November and go through
August of each year, as shown on the following list. Step One of the process is for the City Council
to adopt a resolution declaring properties as having potential fire hazards from weeds or other
potential nuisances and to set a hearing on January 22, 2025, to declare a public nuisance and to
consider objections for proposed removal. On November 1, 2024, the County filed with the City
the report of properties that have been identified as being noncompliant with the abatement
program requirements (Attachment B, Exhibit A in Resolution).
The steps in the process are outlined below:
1. County prepares a report of all properties that have been non -compliant in removing
weeds in the last three years and provides that report to the City and the City sets a
January hearing date (November-December) (Attachment B, Exhibit A in Resolution).
2. County sends a notice to the property owners on the report notifying them of the hearing
date and explaining that they must remove or destroy weeds by the abatement deadline
of April 30, 2025 or it will be done for them, with cost of the abatement plus administrative
costs assessed to their property (December).
3. City sends a courtesy letter to property owners listed on the report, notifying them of the
hearing and the abatement deadline. (January).
4. City Council holds the hearing to consider objections by property owners and adopts a
resolution declaring weeds a public nuisance and ordering abatement (January).
5. County sends a courtesy letter to property owners listed on the report, notifying them
again of the abatement deadline, and noting that they will work with the property owner
to be sure the weeds are removed (January-February).
6. City sends a courtesy letter to property owners listed on the report, reminding them of
the abatement deadline (March).
7. After April 30, the properties are inspected by the County to verify that weeds were
removed and proceeds with abatement if the property fails the inspection. The County
makes a report of all costs associated with the abatement and provides that report to the
City (June-July).
8. City notifies the property owners listed on the assessment report, notifying them of the
hearing date (July-August).
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9. City Council holds a hearing, considers any disputes, and adopts a resolution placing a
lien assessment on the properties to allow the County to recover the cost of weed and/or
brush abatement (July)
The attached draft resolution (Attachment A) will declare the listed properties as being a potential
fire hazard due to weeds and/or combustible materials, or a potential nuisance due to weeds that
are noxious, dangerous, or pose health risks. If Council adopts the resolution, property owners
on the report will receive notices from the County and the City indicating that public nuisance
declared their property must be abated, and that the City Council will conduct a public hearing
on January 22, 2025 in order to consider objections to the proposed abatement.
Next Steps
During the public hearing on January 22, the Council will be asked to approve the Weed
Abatement Program report and to declare a public nuisance. If approved, the County will be
authorized to perform an inspection of the properties on the report to determine if the property
has met the Weed Abatement Program requirements. Property owners will have until April 30,
2025 to abate their property. If the Council does not move forward with declaring properties as
having potential fire hazards from weeds and set a hearing on January 22, the County will not
proceed with notifying property owners of their responsibility to remove or destroy weeds on
their property by the abatement deadline. If the Council does not conduct a public hearing for
properties listed on the Weed Abatement Program report and declare a nuisance, the County will
not proceed with inspecting the properties on the report to determine if the property has met the
Weed Abatement Program requirements.
Fiscal Impact
No fiscal impact.
Sustainability Impact
There is no sustainability impact.
California Environmental Quality Act
The weed abatement program is exempt from the California Environmental Quality Act pursuant
to CEQA Guidelines section 15304 (minor alterations to land) and section 15321 (enforcement
actions by regulatory agencies).
_____________________________________
Reviewed by: Kirsten Squarcia, City Clerk
Reviewed by: Tina Kapoor, Interim Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A - Draft Resolution and Exhibit A
B – Cupertino Commencement Report (Exhibit A)
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RESOLUTION NO. 24-____
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
DECLARING WEEDS ON CERTAIN DESCRIBED PROPERTY TO BE A
POTENTIAL FIRE HAZARD OR OTHER POTENTIAL NUISANCES AND
SETTING A HEARING TO DECLARE PUBLIC NUISANCE AND FOR
OBJECTIONS TO PROPOSED REMOVAL
WHEREAS, weeds as described in Chapter 9.08 of the Cupertino Municipal
Code are growing in the City of Cupertino upon certain streets, sidewalks,
highways, roads and private property; and
WHEREAS, said weeds are undesirable, noxious, and dangerous and/or
due to their rapid growth are or may become a fire menace; as such, said weeds
constitute a potential public nuisance under state law and Chapter 9.08 of the
Cupertino Municipal Code; and
WHEREAS, property owners and other persons occupying or having
charge or control of any building, lot, or premises within the City are required to
remove weeds in accordance with the provisions of Chapter 9.08 of the Cupertino
Municipal Code;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
1. Weeds growing upon any private property or in any street or alley within
the City in violation of Cupertino Municipal Code, Chapter 9.08 constitute
a public nuisance;
2. The weeds found on the streets, sidewalks, highways, roads and private
property, which properties are identified by common names or by reference
to the tract, block, lot, code area, and parcel number on the report prepared
by the County Agricultural Commissioner and attached hereto as Exhibit
A, are declared as having potential fire hazards or other potential nuisances
due to weeds that are noxious, dangerous, or pose health risks;
3. That the 22nd day of January, 2025, at the hour of 6:45 p.m., or as soon
thereafter as the matter can be heard, in the Council Chamber in the
Community Hall, City of Cupertino and via teleconference, with details on
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Resolution No. 24-____
Page 2
how to attend the meeting appearing on the City Council agenda for that
date, are hereby set as the time and place to determine whether the
condition is a public nuisance and where all property owners having any
objections to the proposed removal of such weeds may be heard;
4. That the Agricultural Commissioner is hereby designated and ordered to
give notice of the adoption of this resolution, in the manner and form
provided in Chapter 9.08 of the Cupertino Municipal Code.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 3rd day of December 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
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2025 WEED ABATEMENT PROGRAM
COMMENCEMENT REPORT
CITY OF CUPERTINO Exhibit A
CHIANG ALEX H AND ANNE 10213 MINER PL CUPERTINO CA 95014-220110213MINERPL316-26-0651
JAGANATHAN, RAMESH AND 21001 HAZELBROOK DR CUPERTINO CA 95014-162821001HAZELBROOKDR326-28-0952
CHEN, WENHAU HORUS TRUSTEE & 20711 FARGO DR CUPERTINO CA 95014-190310301BEARDONDR326-30-0423
PADMANABAN, GOVINDARAJ A 20847 GARDEN GATE DR CUPERTINO CA 95014-180720847GARDEN GATE DR 326-30-0484
ZHAI, JLANJUN AND WEI , LI 11566 FALLCREEK SPRING CT CUPERTINO CA 95014-511810467GLENCOEDR326-30-1065
WOODWARD, DOUGLAS C TRUSTEE 10450 GLENCOE DR CUPERTINO CA 95014-181610450GLENCOEDR326-30-1396
MULLEN, EVA JO TRUSTEE PO BOX 835 CUPERTINO CA 95015-083522645SAN JUAN RD 342-17-0677
HUNTS, SUSAN E ET AL 10611 SANTA LUCIA RD CUPERTINO CA 95014-393710611SANTA LUCIA RD 342-17-0958
ITEM, WERNER TRUSTEE & ET AL 22670 SAN JUAN RD CUPERTINO CA 95014-3933EL CERRITO RD 342-21-0049
CHAMBERLAIN, JACK T TRUSTEE 655 SKYWAY UNIT 230 SAN CARLOS CA 94070(LAND ONLY)342-45-00110
SAMPATH, NANDAKUMAR AND 23025 VOSS AVE CUPERTINO CA 95014-266123025VOSSAVE342-50-01511
CHAMBERLAIN, JACK T TRUSTEE 655 SKYWAY 230 SAN CARLOS CA 94070VOSSAVE342-50-01912
ALAN ENTERPRISE LLC 1177 CALIFORNIA ST UNIT SAN FRANCISCO CA 9410822540STEVENSBL342-66-00113
ALAN ENTERPRISE LLC 1177 CALIFORNIA ST UNIT SAN FRANCISCO CA 9410822536STEVENSBL342-66-00214
ALAN ENTERPRISE LLC 1177 CALIFORNIA ST UNIT SAN FRANCISCO CA 9410822532STEVENSBL342-66-00315
ALAN ENTERPRISE LLC 1177 CALIFORNIA ST UNIT SAN FRANCISCO CA 9410822528STEVENSBL342-66-00416
ALAN ENTERPRISE LLC 1177 CALIFORNIA ST UNIT SAN FRANCISCO CA 9410822524STEVENSBL342-66-00517
LI, XUESONG AND TU , YITSEN 21542 REGNART RD CUPERTINO CA 95014-481921542REGNARTRD356-23-04018
THOMAS, TONY G AND MATHEW , 22028 LINDY LN CUPERTINO CA 95014-481122028LINDYLN356-27-00719
HANGGI, EVELYN B TRUSTEE 61145 WARD RD BEND OR 9770222090LINDYLN356-27-02020
DE, KALPAJIT AND MAJUMDER , 22032 LINDY LN CUPERTINO CA 95014-481122032LINDYLN356-27-02521
HSU HUI-CHI AND LAI HSIU-CHEN ET 22400 JANICE AVE CUPERTINO CA 9501422400JANICEAV357-01-05122
MCKERNAN, DANIEL S AND 10164 S FOOTHILL BLVD CUPERTINO CA 95014-260210164FOOTHILLSBLV357-01-09123
HSU, TRACY TRUSTEE 22330 SANTA PAULA AVE CUPERTINO CA 95014-270710209CARMENRD357-02-00124
Page 1Santa Clara County Weed Abatement Program24 records of 104
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2025 WEED ABATEMENT PROGRAM
COMMENCEMENT REPORT
CITY OF CUPERTINO Exhibit A
YEN JOSEPH JENKUN AND LI 10290 MIRA VISTA RD CUPERTINO CA 95014-270510290MIRA VISTA RD 357-02-02425
WATANABE, RYOJI AND LI , LILY C 22284 PALM AVE CUPERTINO CA 95014-270922284PALMAVE357-04-03226
XIE, WEI ET AL 18255 CLEMSON AVE SARATOGA CA 9507010234SCENICBLV357-08-05227
XIE, WEI ET AL 18255 CLEMSON AVE SARATOGA CA 9507010234SCENICBLV357-08-05328
XIE, WEI ET AL 18255 CLEMSON AVE SARATOGA CA 9507010234SCENICBLV357-08-05429
BARTELS PROPERTIES ET AL 865 COTTON ST MENLO PARK CA 94025-561020950STEVENSBL359-07-00630
WU, YUN JUNG AND CHIN-YUN 20985 GARDEN GATE DR CUPERTINO CA 95014-180910476STELLINGSRD359-13-13631
WU, YUN JUNG AND CHIN-YUN 20985 GARDEN GATE DR CUPERTINO CA 95014-180910468STELLINGSRD359-13-13732
TIWARI, ANOOP KUMAR TRUSTEE & 7540 MCCLELLAN RD CUPERTINO CA 95014-29437540MCCLELLANRD359-19-04333
ALPHAMCCLELLAN LLC 97 BOSTON AVE SAN JOSE CA 95128-191120860MCCLELLANRD359-20-03034
UNION PACIFIC CORP 10031 FOOTHILLS BLVD ROSEVILLE CA 95747CRANBERRYDR362-02-04835
UNION PACIFIC CORP 10031 FOOTHILLS BLVD ROSEVILLE CA 95747CRANBERRYDR362-04-05836
UNION PACIFIC CORP 10031 FOOTHILLS BLVD ROSEVILLE CA 95747RAINBOWDR362-09-02637
KRIMSON COAST HOLDINGS LLC 1509 LAURELWOOD SAN JOSE CA 95138-00007898FIESTALN362-15-01238
UNION PACIFIC CORP 10031 FOOTHILLS BLVD ROSEVILLE CA 95747362-16-03739
UNION PACIFIC CORP 10031 FOOTHILLS BLVD ROSEVILLE CA 95747362-19-03340
ALMASI, AZITA TRUSTEE & ET AL 965 LAUREL GLEN DR PALO ALTO CA 94304-1323362-31-03041
UNION PACIFIC CORP 10031 FOOTHILLS BLVD ROSEVILLE CA 95747STELLINGSRD366-09-02842
UNION PACIFIC CORP 10031 FOOTHILLS BLVD ROSEVILLE CA 95747STAUFFERLN366-09-05343
VASAVAKUL, THAVEESINN AND 1258 S STELLING RD CUPERTINO CA 95014-52571258STELLINGSRD366-11-10944
CHELLADURAI, JAYAKUMAR AND 21670 RAINBOW CT CUPERTINO CA 95014-482921670RAINBOWCT366-38-00545
KOLLIPARA, RAVINDRANATH AND 22365 REGNART RD CUPERTINO CA 95014-482422365REGNARTRD366-40-00446
BIGLER, ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA 95014-497922033REGNARTRD366-46-00547
BIGLER, ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA 95014-497922045REGNARTRD366-46-00648
Page 2Santa Clara County Weed Abatement Program48 records of 104
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COMMENCEMENT REPORT
CITY OF CUPERTINO Exhibit A
LAMBIE, RICHARD H TRUSTEE 367 S BAYWOOD AVE SAN JOSE CA 9512819990HALLSCT369-04-01749
HU, PING AND WEI 6611 JOHN DR CUPERTINO CA 95014-45626611JOHNDR369-24-02450
KUOK, CHUN FREDERICK 898 BRENT DR CUPERTINO CA 95014-4553898BRENTDR369-24-02551
LEE, TSUNG-EN TRUSTEE & ET AL 701 SENECA ST PALO ALTO CA 94301885BETLINAVE369-27-02852
CHANG, MINGO M AND YOUNG , 10539 S BLANEY AVE CUPERTINO CA 95014-454210539BLANEYSAVE369-33-00153
APRICOT VILLAGE LLC 991 W HEDDING ST SAN JOSE CA 95126-12571071010710 S DE 369-37-02854
LI, YIMIN AND HUANG , YUANYUAN 19361 PHIL LN CUPERTINO CA 95014-342919361PHILLN375-05-02955
WU, HUNGJEN HENRY 10067 S TANTAU AVE CUPERTINO CA 95014-354110067TANTAUSAVE375-07-00756
HSU, TRACY TRUSTEE 22330 SANTA PAULA AVE CUPERTINO CA 95014-270719160COZETTELN375-07-02257
MAHAJAN, HAMENT AND MANJU 10080 S TANTAU AVE CUPERTINO CA 95014-354210080TANTAUSAVE375-07-04258
YANG, YI-NING 10177 JUDY AVE CUPERTINO CA 95014-352210177JUDYAVE375-07-05659
LO, SHIHCHE AND WANG , PEICHEN 19148 LOREE AVE CUPERTINO CA 95014-353919148LOREEAVE375-08-00260
GUY, JOY M TRUSTEE 1174 CANYONWOOD CT APT WALNUT CREEK CA 94595-362910399TANTAUSAVE375-08-02661
10024 BRET LLC 1028 POLK AVE SUNNYVALE CA 94086-744010024BRETAVE375-11-04762
MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-203210200STERNAV375-12-00263
WU, BENJAMIN HONG AND 20988 FAIRWOODS CT CUPERTINO CA 95014-420018904ARATAWA375-13-00364
LOK, JAMES S AND JANE F TRUSTEE 3926 KINGRIDGE DR SAN MATEO CA 9440310365MORETTIDR375-14-01165
BHARDWAJ, AMIT AND MANGAL , 10360 MORETTI DR CUPERTINO CA 95014-363910360MORETTIDR375-15-00566
PENTA-LOURDUSAMY, LEEMA J 375 MINUTE ARMS RD UNION NJ 07083-912510464MORETTIDR375-16-04267
XIE, DEPING AND SUN , HUAMIN 18731 BARNHART AVE CUPERTINO CA 95014-380318731BARNHARTAVE375-17-04868
JOHNSON, ALLEN R 1220 TASMAN DR SPC 513 SUNNYVALE CA 9408918755BARNHARTAVE375-17-05169
MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-203210361JOHNSONAV375-18-03970
HSU ALLEN K AND CINDY S TRUSTEE 10229 SCENIC BLVD CUPERTINO CA 95014-272410542STERLINGBL375-23-03271
ZHANG, AILI 10460 STERLING BLVD CUPERTINO CA 95014-383210460STERLINGBLV375-23-04172
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HAO, STEVE MIN AND SUN , QING 6962 BOLLINGER RD SAN JOSE CA 95129-284710308STERLINGBLV375-24-01773
WANG, HENG-YUAN AND LEE , 18621 RUNO CT CUPERTINO CA 95014-386518621RUNOCT375-25-02374
VASILIEV, OLGA 18730 BARNHART AVE CUPERTINO CA 95014-380418730BARNHARTAVE375-27-00175
CAMPBELL, MICHAEL D P O BOX 5345 SAN JOSE CA 95150-534518781TUGGLEAVE375-27-02576
HALL, MARTHA S 18760 BARNHART AVE CUPERTINO CA 95014-380418760BARNHARTAV375-27-04177
ZHAI, JIANJUN 11566 FALLCREEK SPRING CT CUPERTINO C CA 95014-511810589GASCOIGNEDR375-28-01178
ANANTH, SHARATH AND BHAT , 10624 JOHNSON AVE CUPERTINO CA 95014-381710624JOHNSONAVE375-28-02679
YU, DONALD AND JEWELEEH 10692 GASCOIGNE DR CUPERTINO CA 95014-384610692GASCOIGNEDR375-29-02080
WU, JENNIFER AND LIU , JAMES 10136 ENGLISH OAK WAY CUPERTINO CA 95014-560910750MINETTEDR375-31-03881
CHEN, HUNG JUNG AND LI , MEI YI 10740 MINETTE DR CUPERTINO CA 95014-361510740MINETTEDR375-31-03982
MYOUNG, SOUNG HO AND LEE , EUN 10728 CARVER DR CUPERTINO CA 95014-360910728CARVERDR375-32-01083
MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-203210630CARVERDR375-32-02084
YETTAW, JACKIE A AND JERRI L 10616 CARVER DR CUPERTINO CA 95014-360710616CARVERDR375-32-02185
DELA CRUZ, SHERWIN PETER L 18870 TUGGLE AVE CUPERTINO CA 95014-362618870TUGGLEAVE375-32-02486
HONG, GEORGE AND TSE , CINDY 18880 PENDERGAST AVE CUPERTINO CA 95014-362118880PENDERGASTAVE375-33-04487
ORTIZ, ROSA F ET AL 10657 MORENGO DR CUPERTINO CA 95014-351310657MORENGODR375-34-01388
CHANG, SSU-CHIA TRUSTEE & ET AL 10670 MORENGO DR CUPERTINO CA 95014-351410670MORENGODR375-34-05889
THOMPSON, LARRY L AND SHIRLEY 40133 CANYON HEIGHTS DR FREMONT CA 94539-300818830HUNTERWA375-35-00190
KIM, MINKYU AND HEEJUNG 19050 MEIGGS LN CUPERTINO CA 95014-351119050MEIGGSLN375-35-05391
ZHOU, JINING AND GAO , LIKE 19040 MEIGGS LN CUPERTINO CA 95014-351119040MEIGGSLN375-35-05492
JUDOPRASETIJO, AGOES H AND 13953 SHADOW OAKS WAY SARATOGA CA 95070-554110650JOHANSENDR375-36-00893
MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-203210627CULBERTSONDR375-36-02794
XU, HU AND WU , LINA 1301 LASSEN AVE MILPITAS CA 95035-640619141MEIGGSLN375-37-00195
QIN, ZUDIAN AND SUN , HAIXIA 10720 S TANTAU AVE CUPERTINO CA 95014-000010720TANTAUSAVE375-37-00296
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LIU, XIONG AND GUO , YAQIONG 10524 S TANTAU AVE CUPERTINO CA 95014-000010524TANTAUSAVE375-37-02097
BURTZLAFF, JAMES L PO BOX 464 CUPERTINO CA 95015-046410593JOHANSENDR375-37-05398
YUEN, ALAN K AND CHEUNG , 22277 CRESCENT RD CUPERTINO CA 95014-000010605JOHANSENDR375-37-05599
SHINOHARA, YOSHIKAZU AND 10611 JOHANSEN DR CUPERTINO CA 95014-350810611JOHANSENDR375-37-056100
HUANG, ZERY-KUEN AND YU-MEI 891 S TANTAU AVE CUPERTINO CA 95014-4648891TANTAUSAVE375-38-044101
LIANG, SIDNEY 947 S TANTAU AVE CUPERTINO CA 95014-4601947TANTAUSAVE375-38-051102
JAN, SEAWAY AND HUNG , CHIA YING604 MILLER AVE CUPERTINO CA 95014-4640604MILLERAVE375-42-016103
KEDILAYA, SHASHI AND 605 PHIL CT CUPERTINO CA 95014-4654605PHILCT375-42-017104
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CHIANG ALEX H AND ANNE 10213 MINER PL CUPERTINO CA 95014-220110213MINERPL316-26-0651
JAGANATHAN, RAMESH AND 21001 HAZELBROOK DR CUPERTINO CA 95014-162821001HAZELBROOKDR326-28-0952
CHEN, WENHAU HORUS TRUSTEE & 20711 FARGO DR CUPERTINO CA 95014-190310301BEARDONDR326-30-0423
PADMANABAN, GOVINDARAJ A 20847 GARDEN GATE DR CUPERTINO CA 95014-180720847GARDEN GATE DR 326-30-0484
ZHAI, JLANJUN AND WEI , LI 11566 FALLCREEK SPRING CT CUPERTINO CA 95014-511810467GLENCOEDR326-30-1065
WOODWARD, DOUGLAS C TRUSTEE 10450 GLENCOE DR CUPERTINO CA 95014-181610450GLENCOEDR326-30-1396
MULLEN, EVA JO TRUSTEE PO BOX 835 CUPERTINO CA 95015-083522645SAN JUAN RD 342-17-0677
HUNTS, SUSAN E ET AL 10611 SANTA LUCIA RD CUPERTINO CA 95014-393710611SANTA LUCIA RD 342-17-0958
ITEM, WERNER TRUSTEE & ET AL 22670 SAN JUAN RD CUPERTINO CA 95014-3933EL CERRITO RD 342-21-0049
CHAMBERLAIN, JACK T TRUSTEE 655 SKYWAY UNIT 230 SAN CARLOS CA 94070(LAND ONLY)342-45-00110
SAMPATH, NANDAKUMAR AND 23025 VOSS AVE CUPERTINO CA 95014-266123025VOSSAVE342-50-01511
CHAMBERLAIN, JACK T TRUSTEE 655 SKYWAY 230 SAN CARLOS CA 94070VOSSAVE342-50-01912
ALAN ENTERPRISE LLC 1177 CALIFORNIA ST UNIT SAN FRANCISCO CA 9410822540STEVENSBL342-66-00113
ALAN ENTERPRISE LLC 1177 CALIFORNIA ST UNIT SAN FRANCISCO CA 9410822536STEVENSBL342-66-00214
ALAN ENTERPRISE LLC 1177 CALIFORNIA ST UNIT SAN FRANCISCO CA 9410822532STEVENSBL342-66-00315
ALAN ENTERPRISE LLC 1177 CALIFORNIA ST UNIT SAN FRANCISCO CA 9410822528STEVENSBL342-66-00416
ALAN ENTERPRISE LLC 1177 CALIFORNIA ST UNIT SAN FRANCISCO CA 9410822524STEVENSBL342-66-00517
LI, XUESONG AND TU , YITSEN 21542 REGNART RD CUPERTINO CA 95014-481921542REGNARTRD356-23-04018
THOMAS, TONY G AND MATHEW , 22028 LINDY LN CUPERTINO CA 95014-481122028LINDYLN356-27-00719
HANGGI, EVELYN B TRUSTEE 61145 WARD RD BEND OR 9770222090LINDYLN356-27-02020
DE, KALPAJIT AND MAJUMDER , 22032 LINDY LN CUPERTINO CA 95014-481122032LINDYLN356-27-02521
HSU HUI-CHI AND LAI HSIU-CHEN ET 22400 JANICE AVE CUPERTINO CA 9501422400JANICEAV357-01-05122
MCKERNAN, DANIEL S AND 10164 S FOOTHILL BLVD CUPERTINO CA 95014-260210164FOOTHILLSBLV357-01-09123
HSU, TRACY TRUSTEE 22330 SANTA PAULA AVE CUPERTINO CA 95014-270710209CARMENRD357-02-00124
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YEN JOSEPH JENKUN AND LI 10290 MIRA VISTA RD CUPERTINO CA 95014-270510290MIRA VISTA RD 357-02-02425
WATANABE, RYOJI AND LI , LILY C 22284 PALM AVE CUPERTINO CA 95014-270922284PALMAVE357-04-03226
XIE, WEI ET AL 18255 CLEMSON AVE SARATOGA CA 9507010234SCENICBLV357-08-05227
XIE, WEI ET AL 18255 CLEMSON AVE SARATOGA CA 9507010234SCENICBLV357-08-05328
XIE, WEI ET AL 18255 CLEMSON AVE SARATOGA CA 9507010234SCENICBLV357-08-05429
BARTELS PROPERTIES ET AL 865 COTTON ST MENLO PARK CA 94025-561020950STEVENSBL359-07-00630
WU, YUN JUNG AND CHIN-YUN 20985 GARDEN GATE DR CUPERTINO CA 95014-180910476STELLINGSRD359-13-13631
WU, YUN JUNG AND CHIN-YUN 20985 GARDEN GATE DR CUPERTINO CA 95014-180910468STELLINGSRD359-13-13732
TIWARI, ANOOP KUMAR TRUSTEE & 7540 MCCLELLAN RD CUPERTINO CA 95014-29437540MCCLELLANRD359-19-04333
ALPHAMCCLELLAN LLC 97 BOSTON AVE SAN JOSE CA 95128-191120860MCCLELLANRD359-20-03034
UNION PACIFIC CORP 10031 FOOTHILLS BLVD ROSEVILLE CA 95747CRANBERRYDR362-02-04835
UNION PACIFIC CORP 10031 FOOTHILLS BLVD ROSEVILLE CA 95747CRANBERRYDR362-04-05836
UNION PACIFIC CORP 10031 FOOTHILLS BLVD ROSEVILLE CA 95747RAINBOWDR362-09-02637
KRIMSON COAST HOLDINGS LLC 1509 LAURELWOOD SAN JOSE CA 95138-00007898FIESTALN362-15-01238
UNION PACIFIC CORP 10031 FOOTHILLS BLVD ROSEVILLE CA 95747362-16-03739
UNION PACIFIC CORP 10031 FOOTHILLS BLVD ROSEVILLE CA 95747362-19-03340
ALMASI, AZITA TRUSTEE & ET AL 965 LAUREL GLEN DR PALO ALTO CA 94304-1323362-31-03041
UNION PACIFIC CORP 10031 FOOTHILLS BLVD ROSEVILLE CA 95747STELLINGSRD366-09-02842
UNION PACIFIC CORP 10031 FOOTHILLS BLVD ROSEVILLE CA 95747STAUFFERLN366-09-05343
VASAVAKUL, THAVEESINN AND 1258 S STELLING RD CUPERTINO CA 95014-52571258STELLINGSRD366-11-10944
CHELLADURAI, JAYAKUMAR AND 21670 RAINBOW CT CUPERTINO CA 95014-482921670RAINBOWCT366-38-00545
KOLLIPARA, RAVINDRANATH AND 22365 REGNART RD CUPERTINO CA 95014-482422365REGNARTRD366-40-00446
BIGLER, ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA 95014-497922033REGNARTRD366-46-00547
BIGLER, ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA 95014-497922045REGNARTRD366-46-00648
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LAMBIE, RICHARD H TRUSTEE 367 S BAYWOOD AVE SAN JOSE CA 9512819990HALLSCT369-04-01749
HU, PING AND WEI 6611 JOHN DR CUPERTINO CA 95014-45626611JOHNDR369-24-02450
KUOK, CHUN FREDERICK 898 BRENT DR CUPERTINO CA 95014-4553898BRENTDR369-24-02551
LEE, TSUNG-EN TRUSTEE & ET AL 701 SENECA ST PALO ALTO CA 94301885BETLINAVE369-27-02852
CHANG, MINGO M AND YOUNG , 10539 S BLANEY AVE CUPERTINO CA 95014-454210539BLANEYSAVE369-33-00153
APRICOT VILLAGE LLC 991 W HEDDING ST SAN JOSE CA 95126-12571071010710 S DE 369-37-02854
LI, YIMIN AND HUANG , YUANYUAN 19361 PHIL LN CUPERTINO CA 95014-342919361PHILLN375-05-02955
WU, HUNGJEN HENRY 10067 S TANTAU AVE CUPERTINO CA 95014-354110067TANTAUSAVE375-07-00756
HSU, TRACY TRUSTEE 22330 SANTA PAULA AVE CUPERTINO CA 95014-270719160COZETTELN375-07-02257
MAHAJAN, HAMENT AND MANJU 10080 S TANTAU AVE CUPERTINO CA 95014-354210080TANTAUSAVE375-07-04258
YANG, YI-NING 10177 JUDY AVE CUPERTINO CA 95014-352210177JUDYAVE375-07-05659
LO, SHIHCHE AND WANG , PEICHEN 19148 LOREE AVE CUPERTINO CA 95014-353919148LOREEAVE375-08-00260
GUY, JOY M TRUSTEE 1174 CANYONWOOD CT APT WALNUT CREEK CA 94595-362910399TANTAUSAVE375-08-02661
10024 BRET LLC 1028 POLK AVE SUNNYVALE CA 94086-744010024BRETAVE375-11-04762
MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-203210200STERNAV375-12-00263
WU, BENJAMIN HONG AND 20988 FAIRWOODS CT CUPERTINO CA 95014-420018904ARATAWA375-13-00364
LOK, JAMES S AND JANE F TRUSTEE 3926 KINGRIDGE DR SAN MATEO CA 9440310365MORETTIDR375-14-01165
BHARDWAJ, AMIT AND MANGAL , 10360 MORETTI DR CUPERTINO CA 95014-363910360MORETTIDR375-15-00566
PENTA-LOURDUSAMY, LEEMA J 375 MINUTE ARMS RD UNION NJ 07083-912510464MORETTIDR375-16-04267
XIE, DEPING AND SUN , HUAMIN 18731 BARNHART AVE CUPERTINO CA 95014-380318731BARNHARTAVE375-17-04868
JOHNSON, ALLEN R 1220 TASMAN DR SPC 513 SUNNYVALE CA 9408918755BARNHARTAVE375-17-05169
MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-203210361JOHNSONAV375-18-03970
HSU ALLEN K AND CINDY S TRUSTEE 10229 SCENIC BLVD CUPERTINO CA 95014-272410542STERLINGBL375-23-03271
ZHANG, AILI 10460 STERLING BLVD CUPERTINO CA 95014-383210460STERLINGBLV375-23-04172
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HAO, STEVE MIN AND SUN , QING 6962 BOLLINGER RD SAN JOSE CA 95129-284710308STERLINGBLV375-24-01773
WANG, HENG-YUAN AND LEE , 18621 RUNO CT CUPERTINO CA 95014-386518621RUNOCT375-25-02374
VASILIEV, OLGA 18730 BARNHART AVE CUPERTINO CA 95014-380418730BARNHARTAVE375-27-00175
CAMPBELL, MICHAEL D P O BOX 5345 SAN JOSE CA 95150-534518781TUGGLEAVE375-27-02576
HALL, MARTHA S 18760 BARNHART AVE CUPERTINO CA 95014-380418760BARNHARTAV375-27-04177
ZHAI, JIANJUN 11566 FALLCREEK SPRING CT CUPERTINO C CA 95014-511810589GASCOIGNEDR375-28-01178
ANANTH, SHARATH AND BHAT , 10624 JOHNSON AVE CUPERTINO CA 95014-381710624JOHNSONAVE375-28-02679
YU, DONALD AND JEWELEEH 10692 GASCOIGNE DR CUPERTINO CA 95014-384610692GASCOIGNEDR375-29-02080
WU, JENNIFER AND LIU , JAMES 10136 ENGLISH OAK WAY CUPERTINO CA 95014-560910750MINETTEDR375-31-03881
CHEN, HUNG JUNG AND LI , MEI YI 10740 MINETTE DR CUPERTINO CA 95014-361510740MINETTEDR375-31-03982
MYOUNG, SOUNG HO AND LEE , EUN 10728 CARVER DR CUPERTINO CA 95014-360910728CARVERDR375-32-01083
MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-203210630CARVERDR375-32-02084
YETTAW, JACKIE A AND JERRI L 10616 CARVER DR CUPERTINO CA 95014-360710616CARVERDR375-32-02185
DELA CRUZ, SHERWIN PETER L 18870 TUGGLE AVE CUPERTINO CA 95014-362618870TUGGLEAVE375-32-02486
HONG, GEORGE AND TSE , CINDY 18880 PENDERGAST AVE CUPERTINO CA 95014-362118880PENDERGASTAVE375-33-04487
ORTIZ, ROSA F ET AL 10657 MORENGO DR CUPERTINO CA 95014-351310657MORENGODR375-34-01388
CHANG, SSU-CHIA TRUSTEE & ET AL 10670 MORENGO DR CUPERTINO CA 95014-351410670MORENGODR375-34-05889
THOMPSON, LARRY L AND SHIRLEY 40133 CANYON HEIGHTS DR FREMONT CA 94539-300818830HUNTERWA375-35-00190
KIM, MINKYU AND HEEJUNG 19050 MEIGGS LN CUPERTINO CA 95014-351119050MEIGGSLN375-35-05391
ZHOU, JINING AND GAO , LIKE 19040 MEIGGS LN CUPERTINO CA 95014-351119040MEIGGSLN375-35-05492
JUDOPRASETIJO, AGOES H AND 13953 SHADOW OAKS WAY SARATOGA CA 95070-554110650JOHANSENDR375-36-00893
MC GRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-203210627CULBERTSONDR375-36-02794
XU, HU AND WU , LINA 1301 LASSEN AVE MILPITAS CA 95035-640619141MEIGGSLN375-37-00195
QIN, ZUDIAN AND SUN , HAIXIA 10720 S TANTAU AVE CUPERTINO CA 95014-000010720TANTAUSAVE375-37-00296
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LIU, XIONG AND GUO , YAQIONG 10524 S TANTAU AVE CUPERTINO CA 95014-000010524TANTAUSAVE375-37-02097
BURTZLAFF, JAMES L PO BOX 464 CUPERTINO CA 95015-046410593JOHANSENDR375-37-05398
YUEN, ALAN K AND CHEUNG , 22277 CRESCENT RD CUPERTINO CA 95014-000010605JOHANSENDR375-37-05599
SHINOHARA, YOSHIKAZU AND 10611 JOHANSEN DR CUPERTINO CA 95014-350810611JOHANSENDR375-37-056100
HUANG, ZERY-KUEN AND YU-MEI 891 S TANTAU AVE CUPERTINO CA 95014-4648891TANTAUSAVE375-38-044101
LIANG, SIDNEY 947 S TANTAU AVE CUPERTINO CA 95014-4601947TANTAUSAVE375-38-051102
JAN, SEAWAY AND HUNG , CHIA YING604 MILLER AVE CUPERTINO CA 95014-4640604MILLERAVE375-42-016103
KEDILAYA, SHASHI AND 605 PHIL CT CUPERTINO CA 95014-4654605PHILCT375-42-017104
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CITY OF CUPERTINO
Agenda Item
24-13524 Agenda Date: 12/3/2024
Agenda #: 7.
Subject: Receive the FY 2023-24 Annual Comprehensive Financial Report (ACFR)
Receive the FY 2023-24 Annual Comprehensive Financial Report (ACFR)
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CITY COUNCIL STAFF REPORT
Meeting: December 3, 2024
Subject
Receive the FY 2023-24 Annual Comprehensive Financial Report (ACFR)
Recommended Action
Receive the FY 2023-24 Annual Comprehensive Financial Report (ACFR)
Reasons for Recommendation
Background
The City of Cupertino is in the second year of a five-year contract with The Pun Group
(TPG) for conducting its annual financial audits. Building upon the experience from the
previous audit cycle, TPG and City staff have implemented enhanced efficiencies to
streamline the audit process. These improvements have facilitated a more seamless and
timely preparation of the Annual Comprehensive Financial Report (ACFR), ensuring that
the City's financial statements are presented accurately and timely.
The annual audit is performed in accordance with the Governmental Accounting
Standards Board (GASB) requirements and other applicable accounting principles.
Annual Comprehensive Financial Report
TPG audited the City’s accompanying financial statements as of and for the year ended
June 30, 2024. During the audit, procedures were performed to obtain audit evidence
regarding amounts and disclosures in the financial statements. The procedures selected
depend on the auditor’s judgment, including the assessment of the risks of material
misstatement of the financial statement, whether due to fraud or error. In making those
risk assessments, the auditor considers internal control relevant to the entity’s preparation
and fair presentation of the financial statements in order to design appropriate audit
procedures. Audit procedures are not designed to express an opinion on the effectiveness
of the entity’s internal control.
TPG expressed an unmodified (or clean) opinion, stating “the financial statements
referred to above present fairly, in all material respects, the respective financial position
of the governmental activities, the business-type activities, each major fund, and the
aggregate remaining fund information of the City, as of June 30, 2024, and the respective
changes in financial position, and, where applicable, cash flows thereof for the year then
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ended in accordance with accounting principles generally accepted in the United States
of America. (see FY 2023-24 ACFR, page 1).
TPG also issued an Independent Auditor’s Report on Internal Control Over Financial
Reporting and Compliance and Other Matters Based on an Audit of Financial Statements
Performed in Accordance with Government Auditing Standards (GAGAS Report). The
purpose of this report is solely to describe the scope of the auditor’s testing of internal
control over financial reporting and the results of that testing and not to provide an
opinion on the effectiveness of the entity’s internal control or compliance. The report
disclosed no instances of noncompliance or other matters required to be reported under
Government Auditing Standard.
The ACFR for the fiscal year ended June 30, 2024, has been prepared in accordance with
GASB requirements. The report provides a comprehensive overview of the City's financial
position and includes the following sections:
Introductory Section: Offers general information about the City's structure and
the nature of its operations.
Financial Section: Contains the independent auditor's report, management's
discussion and analysis, basic financial statements, and supplementary
information.
Statistical Section: Presents additional financial and demographic information to
provide context for understanding the City's financial health.
On November 25, 2024, the City’s Audit Committee reviewed the ACFR and unanimously
(3-0-2) voted to accept the financial report.
Next Steps
If the FY 2023-24 ACFR is accepted, the finalized report will be submitted to the
Government Finance Officers Association (GFOA) for consideration for the Certificate of
Achievement for Excellence in Financial Reporting. Additionally, the report will be
provided to stakeholders, including rating agencies and other interested parties, to
demonstrate the City’s financial accountability and transparency.
If the ACFR is not accepted, the City may fail to meet critical reporting deadlines,
including the GFOA submission deadline of December 31 and the debt covenant reporting
deadline of March 31. While infrequent delays in meeting these deadlines may not have
material effects, a pattern of late submissions could negatively impact the City’s credit
ratings, access to favorable financing terms, and reputation for sound financial
management.
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Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
_____________________________________
Prepared by: Jonathan Orozco, Finance Manager
Reviewed by: Kristina Alfaro, Director of Administrative Services
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – FY 2023-24 ACFR
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CITY OF CUPERTINO
Agenda Item
24-13440 Agenda Date: 12/3/2024
Agenda #: 8.
Subject: The Fourth Amendment to the SimpliGov agreement for Business Process Automation
Software.
Authorize the City Manager to execute a Fourth Amendment with SimpliGov, for Business
Process Automation Software, for a total not-to-exceed amount of $307,000, extending the term
through March 30, 2027.
CITY OF CUPERTINO Printed on 11/26/2024Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: December 3, 2024
Subject
The Fourth Amendment to the SimpliGov agreement for Business Process Automation
Software.
Recommended Actions
Authorize the City Manager to execute a Fourth Amendment with SimpliGov, for
Business Process Automation Software, for a total not‐to‐exceed amount of $307,000,
extending the term through March 30, 2027.
Reasons for Recommendation
In January 2022, the Innovation & Technology Department (I&T) identified a need for
services to implement business process automation, specifically the ability to remotely
route, review, and authorize confidential information using electronic approval.
Through an RFQ process, the SimpliGov platform emerged as it best fir for the City’s
needs based on its fully integrated electronic approval functionality, role‐based
permission settings to control access to sensitive data, automatic archiving, open API,
and alignment with data security best practice standards. The platformʹs no‐code/low‐
code solution empowered Cupertino to rapidly and efficiently construct and deploy
dependable digital forms, meeting the escalating demand.
SimpliGov’s original agreement and three subsequent amendments were authorized by
the City Manager and executed by the Chief Technology Officer with an expiration date
of March 30, 2026, for a total amount of $197,000. The fourth amendment is for one year
of subscription costs and three years of support and development cost. As you can see in
the second table, development costs were added in subsequent amendments to meet the
process digitization needs of the city.
Agreement Execution
Date
Subscription Subscription
Cost (Yearly)
Support &
Developm
ent Cost
Total
Contract
Amount
Contrac
t Term
Expiratio
n Date
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Original
Agreement
March 30,
2022 20k*3 $60,000 $30,000 $90,000 3 yrs
30-Mar-
25
First
Amendment
March 16,
2023 $12,000 $102,000
Remaini
ng 3 yrs
30-Mar-
25
Second
Amendment
July 20,
2023 $30,000 $132,000
Remaini
ng 3 yrs
30-Mar-
25
Third
Amendment
February
17, 2024 $20,000 $45,000 $197,000
Extende
d 1 yr
30-Mar-
26
Proposed 4th
Amendment Pending $20,000 $90,000 $307,000
Extende
d 1 yr
30-Mar-
27
SUBTOTALS $100,000 $207,000
Given SimpliGovʹs established success, staff proficiency in the system (acquired through
extensive training and workflow development), and substantial investment in
integration with Laserfiche, SharePoint, Power Apps, and PowerBI, I&T staff strongly
recommend maintaining SimpliGov over exploring alternatives. Substituting SimpliGov
with in‐house solutions or products from other vendors would significantly escalate
costs and time expenditure, presenting a less efficient long‐term solution. This transition
would necessitate recreating over 45 automated digital workflows solutions, temporarily
relying on static processes during system implementation, training for a new system,
and reconstructing operational processes. The associated staff training, workflow
disruptions, and time lapses before implementing the new solution would incur a
notable cost for the city, impeding momentum and staff efficiency.
Moreover, SimpliGov has surpassed staff expectations of a workflow automation
system. Based on the cost, staff time, and the demonstrated effectiveness of the existing
SimpliGov platform, staff recommends that the City Council authorize the City Manager
to execute an amendment to the existing contract to increase the not‐to‐exceed amount
to $307,000. Staff will continue to evaluate the performance and value of the SimpliGov
platform to determine if a competitive procurement for business process automation
software would be appropriate in the future.
Sustainability Impact
SimpliGov software has reduced the volume of paper used for work management,
conserving natural resources, and reducing greenhouse gases generated during the
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production and disposal of paper. Implementation of paperless office strategies like this
one is prioritized in Cupertino’s Climate Action Plan (MSW‐1).
City Work Program (CWP) Item: No
CWP Item Description: NA
Council Goal: NA
Fiscal Impact
The historical base budget for this item has been $32,000. However, due to the consistent
increase in development costs exceeding this amount, we are requesting an $18,000
increase to the base budget. This adjustment would allocate $20,000 for annual
subscription costs and $30,000 for annual support and development expenses.
California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Teri Gerhardt, CGCIO, Chief Technology Officer
Reviewed by: Chistopher Jensen, City Attorney
Tina Kapoor, Interim Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – Draft Fourth Amendment 22‐042
B – Third Amendment 22‐042
C – Second Amendment 22‐042
D – First Amendment 22‐042
E – Base Agreement 22‐042
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FOURTH AMENDMENT TO AGREEMENT 22-042
BETWEEN THE CITY OF CUPERTINO AND
SIMPLIGOV, LLC., FOR WORKFLOW
AUTOMATION SERVICES
This Fourth Amendment to Agreement 22-042 between the City of Cupertino and
SIMPLIGOV, LLC., is by and between the CITY OF CUPERTINO, a municipal corporation
(hereinafter "City") and SIMPLIGOV, LLC., a Limited Liability Company (“Contractor”)
whose address is 1724 10th Street, Suite 115, Sacramento, CA 95811, and is made with
reference to the following:
RECITALS:
A.On 3/30/22 Agreement 22-042 (“Agreement”) was entered into by and between
City and Contractor for Workflow Automation Services.
B.On 3/16/23 First Amendment to Agreement 22-042 (“Agreement”) was entered
into by and between City and Contractor for Workflow Automation Services.
C.On 7/20/23 Second Amendment to Agreement 22-042 (“Agreement”) was
entered into by and between City and Contractor for Workflow Automation Services.
D.On 2/16/24 Third Amendment to Agreement 22-042 (“Agreement”) was
entered into by and between City and Contractor for Workflow Automation Services.
E.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:
TERM
1. The term of this agreement shall commence on the last date signed below (Effective Date”).
The term of this agreement is 5 years, with a term expiring on March 30, 2027, unless the
agreement is terminated prior thereto under the provisions of Section 16. The City’s appropriate
department head or City Manager may extend the term 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.
SCOPE OF SERVICES AND CONDITIONS THEREOF
2.Subject to the terms and conditions set forth in this Agreement, Software Provider
shall perform each and every service to the schedule of performance set forth in
the SLA4 (collectively “Services”).
ATTACHMENT A
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COMPENSATION TO SOFTWARE PROVIDER
3. Software Provider shall be compensated for services performed pursuant to this
Agreement in a total amount not to exceed $307,000.00. The payments specified in this
section shall be the only payments to be made to Software Provider for services rendered
pursuant to this Agreement. Software Provider shall invoice City according to the
following schedule of milestones/deliverables:
Milestone/Deliverables Total Amount
FY22 Subscription & Support - March 30, 2022 – March 29, 2023 $30,000
Upon First Amendment – Support $12,000
FY23 Subscription & Support - March 30, 2023 – March 29, 2024 $30,000
Upon Second Amendment –Support $30,000
FY24 Subscription & Support - March 30, 2024 – March 29, 2025 $30,000
Upon Third Amendment – Support $45,000
Upon Fourth Amendment – Support $30,000
FY25 Subscription - March 30, 2025 – March 29, 2026 $20,000
FY25 Support – March 30, 2025 – March 29, 2026 $30,000
FY26 Subscription - March 30, 2026 – March 29, 2027 $20,000
FY26 Support – March 30, 2026 – March 29, 2027 $30,000
NOT-TO-EXCEED $307,000
City shall pay Contractor within thirty (30) days after receipt of Service Provider’s invoice. City
shall return to Contractor any payment request determined not to be a proper payment request as
soon as practicable, but not later than seven (7) days after receipt, and shall explain in writing the
reasons why the payment request is not proper.
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 IN NEXT PAGE
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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
SIMPLIGOV LLC
By
Title
Date
EXPENDITURE DISTRIBUTION
Item Amount
Base Agreement $90,000
First Amendment $12,000
Second Amendment $30,000
Third Amendment $65,000
Fourth Amendment $110,000
Total $307,000
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SimpliGov QuoteBudgetary Quote
Customer Details
Contact Name Marilyn Pavlov
Contact Title Management Analyst
Organization City of Cupertino, CA (CACUP)
Address 10300 Torre Ave Cupertino CA 95014
Phone (408) 777-3238
Email marilynp@cupertino.gov
SimpliGov Sales Representative Details Quote Details
Name Deal Desk Quote Number QD-00589A
Title Deal Desk Quote Date 09/06/2024
Seller SimpliGov, LLC Quote Type Direct
Address 1724 10th St., Suite115
Sacramento CA 95811 Quote Expiration 03/29/2027
Phone (415) 569-0753 Customer Ref
Email cduffy@simpligov.com Contract Ref
SKU Description Discounted Price Quantity Extended Price
1 SGELA-S-R
Year 5 - SimpliGov Automation Platform Base Subscription
includes unlimited workflows
and analytics bundle 12 month subscription. Includes 20,000
transactions and .25 TBs
of storage.* Hosted in the Azure Government Cloud and
includes 4 environments
(staging, preproduction, training and production). (Term
Dates: 03/30/2026 thru 03/30/2027)
$20,000.00 1 $20,000.00
2 IMPLT&M-A Year 3 SimpliGov Implementation Services (Term
Dates: 12/03/2024 thru 03/29/2025)$200.00 150 $30,000.00
3 IMPLT&M-A Year 4 SimpliGov Implementation Services (Term
Dates: 03/30/2025 thru 03/29/2026)$200.00 150 $30,000.00
4 IMPLT&M-A Year 5 SimpliGov Implementation Services (Term
Dates: 03/30/2026 thru 03/29/2027)$200.00 150 $30,000.00
Total Price $110,000.00
Workflow: A workflow consists of a form and a unique business process.
Workflow Initiation (WI): Each WI is tracked with a unique Workflow ID. A Workflow ID is created when a user starts a workflow and is kept consistent throughout the entire process,
regardless of the workflow outcome. If a new business process is triggered within an existing workflow (a “child initiation”), the child is considered a unique WI with a unique Workflow ID.
Workflow Transaction (WT): Any action (single or multiple), associated with a workflow process is considered a WT. Actions related to the workflow process include, but are not limited
to form submissions, form interactions, reviews, approvals electronic signatures, API calls, workflow stage user interactions, and collaboration interactions.
SimpliSign Workflow Initiation (SSWI): Initiation of a workflow that has SimpliSign features enabled triggers a single SSWI regardless of how many users, stages, signers, signatures,
or documents are included.
Exception: Provisioning a simple HTML signature pad in a form, without the coverage of a digital certificate, does not incur an SSWI.
SimpliSign Transaction (SST): Initiation of a SimpliSign Transaction within the SimpliSign eSignature module. A single SimpliSign Transaction is counted regardless of the number of
signers, or documents included.
Terms of Use:Services listed on this Order Form are provided under the online terms of service found at https://www.simpligov.com/master-subscription-agreement/ (the
"Terms and Conditions")
Payment Terms:Subscription fees shall be invoiced annually in advance on the first day of delivery. Implementation services fees shall be invoiced monthly in arrears against
hours delivered.
Technical Support Service Guidelines
1. Liaison. Client will appoint a technical liaison to communicate with SimpliGov with respect to the resolution of technical problems (the “Liaison”), who shall complete
reasonable training with SimpliGov to enable the Liaison to train users and correct problems caused by user error, assist users with the resolution of known issues, and obtain
sufficient information from user’s to adequately report problems to SimpliGov. Client may change such liaison from time to time at reasonable intervals upon written notice to
SimpliGov and completion of applicable training by the successor Liaison. SimpliGov will not be obligated to respond or provide technical support to any person other than the
designated liaison.
2. Technical Support Hours and Methods. SimpliGov shall use commercially reasonable efforts to provide email and phone technical support to Client’s Liaison
during regular business hours, M-F 9 a.m. to 5 p.m. Pacific Time. Problems may be reported any time, however, SimpliGov will not be obligated to assign work after business
hours (9 a.m. to 5 p.m. Pacific Time) to problems that are not classified as Priority 1/ASAP.
3. Holidays. SimpliGov observes the following holidays: New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Eve Day, and Christmas Day.
4. Priority. Upon receiving a call or request, SimpliGov will classify and prioritize the problem according to the following criteria (it being understood that in the event
that SimpliGov completes a workaround that relegates the applicable problem to a lower priority level, the service levels applicable to that lower priority level will apply going
forward):
Priority Description Response Time Target Resolution Time
Priority 1/ - ASAP
The issue renders the mission critical real-time processing features and
functionalities of the SimpliGov Automation Platform Services completely
unavailable, unresponsive, or inoperable, and there is no workaround.
4 business hours 1 business day
SLA4
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Priority 1
Process cannot complete and there is no workaround, but the condition
does not interrupt all functions of the SimpliGov Automation Platform
Services.
1 business day 10 business days
Priority 2 Process cannot complete, but there is a workaround that allows Client to
use the SimpliGov Automation Platform Services. 2 business days 15 business days
Priority 3 This priority addresses “cosmetic” type calls with no financial or
processing impact.5 business days One month
5. Client Responsibilities. During the Subscription Term, Client shall: (i) provide supervision, control and management of the use of the SimpliGov Automation
Platform Services; (ii) document and promptly report all errors or malfunctions; and (iii) take all steps reasonably necessary to carry out procedures for the rectification of errors
or malfunctions within a reasonable time after such procedures have been received from SimpliGov.
Service Level Agreement
1. Scheduled Downtime. When needed, SimpliGov will schedule downtime for routine maintenance or system upgrades (“Scheduled Downtime”) for the Service.
SimpliGov shall exercise commercially reasonable efforts to schedule Scheduled Downtime outside of peak traffic periods. SimpliGov will use commercially reasonable
efforts to notify Client’s designated contact at least one calendar week prior to the occurrence of Scheduled Downtime.
2. Uptime Commitment.
A. The Services will be accessible 98% of the time, 7 days per week, and 24 hours per day (“Uptime Commitment”), as calculated over a calendar month. Uptime
Commitment shall not apply to, and SimpliGov will not be responsible for, any downtime which: 1) lasts less than 15 minutes; 2) results from Scheduled Downtime; 3) results
from the failure of communication or telephone access service or other outside service or equipment or software not the fault of SimpliGov, including without limitation general
network outages; 4) is caused by a third party not under SimpliGov’s control; 5) is a result of causes beyond the reasonable control of SimpliGov; or 6) results from failures of
the system or the Client API Kit.
B. If SimpliGov fails to meet its Uptime Commitment in any given month, Client’s sole remedy and SimpliGov’s entire liability will be for SimpliGov to credit Client’s
account with “Service Level Credits”, to be applied against Client’s next billing period as follows:
No. of Hours Below Uptime Commitment Service Level Credits
1 hours to 2 hours 1 day prorated monthly Subscription Fees
> 2 hours to 24 hours 3 days prorated monthly Subscription Fees
C. To receive a Service Level Credit, Client must submit a written request for a Service Level Credit to Client’s designated account manager or the SimpliGov support
team. To be eligible, the request must (i) include the dates and times of each incident of downtime experienced by Client in the preceding month; and (ii) be received by
SimpliGov within ten business days after the end of the billing cycle in which the downtime occurred.
D. Upon receipt of a Service Level Credit request in compliance with the above requirements, SimpliGov shall have 30 days to review the request and to validate the
information provided. If SimpliGov determines in good faith that the Services failed to meet the Uptime Commitment as alleged in such a request, then SimpliGov will apply
such Service Level Credits to Client’s immediately succeeding billing period. Client’s failure to comply with the provisions of Section 2.C. above will disqualify it from receiving
a Service Level Credit.
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Updated: August 2024
Exhibit B: Insurance Requirements and Proof of Insurance
Proof of insurance coverage described below is attached to this Exhibit, with City named as
additional insured.
1. MINIMUM SCOPE AND LIMITS OF REQUIRED INSURANCE POLICIES
Additional Insureds:
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
Commercial General Liability and Cyber 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
Software Provider’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.
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.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of
City for all work performed by Software Provider, its employees, agents, and subconsultants.
General Liability:
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 Software Provider’s policy shall be "primary and
non-contributory," will not seek contribution from City’s insurance/self-insurance, and
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Contract No. ________
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Updated: August 2024
shall be at least as broad as ISO Form CG 20 01 (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 Agreement. 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.
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. Cyber Liability:
Insurance, with limits not less than:
$2,000,000 each occurrence
$2,000,000 aggregate - all other
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by
Software Provider in this Agreement and shall include, but not be limited to, claims involving
infringement of intellectual property, including but not limited to infringement of copyright,
trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction
of electronic information, release of private information, alteration of electronic information,
extortion, and network security. The policy shall provide coverage for breach response costs as
well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient
to respond to these obligations.
If the Software Provider maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or higher limits
maintained by the Software Provider. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
2. ABSENCE OF INSURANCE COVERAGE.
City may direct Software Provider to immediately cease all activities with respect to this
Agreement if it determines that Software Provider fails to carry, in full force and effect, all
insurance policies with coverages at or above the limits specified in this Agreement. At the
City’s discretion, under conditions of lapse, Cit y may purchase appropriate insurance and charge
all costs related to such policy to Software Provider.
3. PROOF OF INSURANCE COVERAGE AND COVERAGE VERIFICATION.
A Certificate of Insurance, on an Accord form, and completed coverage verification shall be
provided to City by each of Software Provider's insurance companies as evidence of the
stipulated coverages prior to the Commencement Date of this Agreement, and annually
thereafter for the term of this Agreement. Insurance shall be placed with insurers admitted in the
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Updated: August 2024
State of California and with an AM Best rating of A-VII or higher.
4. SUBCONTRACTORS
Software Provider 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.
5. HIGHER INSURANCE LIMITS
If Software Provider 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 Software
Provider.
6. 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.
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1
THIRD AMENDMENT TO AGREEMENT 22-042
BETWEEN THE CITY OF CUPERTINO AND
SIMPLIGOV, LLC., FOR WORKFLOW AUTOMATION
SERVICES
This Third Amendment to Agreement 22-042 between the City of Cupertino and
SIMPLIGOV, LLC., is by and between the CITY OF CUPERTINO, a municipal corporation
hereinafter "City") and SIMPLIGOV, LLC., a Limited Liability Company (“Contractor”) whose
address is 1724 10th Street, Suite 115, Sacramento, CA 95811, and is made with reference to the
following:
RECITALS:
A. On 3/30/22 Agreement 22-042 (“Agreement”) was entered into by and between City
and Contractor for Workflow Automation Services.
B. On 3/16/23 First Amendment to Agreement 22-042 (“Agreement”) was entered into
by and between City and Contractor for Workflow Automation Services.
C. On 7/20/23 Second Amendment to Agreement 22-042 (“Agreement”) was entered
into by and between City and Contractor for Workflow Automation Services.
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:
TERM
1. The term of this agreement shall commence on the last date signed below (Effective Date”). The
term of this agreement is 4 years, with a term expiring on March 30, 2026, unless the agreement is
terminated prior thereto under the provisions of Section 16. The City’s appropriate department head or
City Manager may extend the term 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.
SCOPE OF SERVICES AND CONDITIONS THEREOF
2. Subject to the terms and conditions set forth in this Agreement, Software Provider
shall perform each and every service to the schedule of performance set forth in
the SLA3 (collectively “Services”).
COMPENSATION TO SOFTWARE PROVIDER
3. Software Provider shall be compensated for services performed pursuant to this Agreement in a
total amount not to exceed $197,000.00. The payments specified in this section shall be the only
payments to be made to Software Provider for services rendered pursuant to this Agreement.
Software Provider shall invoice City according to the following schedule of
milestones/deliverables:
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2
Milestone/Deliverables Total Amount
Upon Contract Execution $30,000
Upon First Amendment $12,000
March 2023 $30,000
Upon Second Amendment $30,000
March 2024 $30,000
Upon Third Amendment $45,000
March 2025 $20,000
Total $197,000
City shall pay Contractor within thirty (30) days after receipt of Service Provider’s invoice. City shall
return to Contractor any payment request determined not to be a proper payment request as soon as
practicable, but not later than seven (7) days after receipt, and shall explain in writing the reasons why
the payment request is not proper.
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
SIMPLIGOV LLC
By
Title
Date
Michael Concannon
Managing Partner
Feb 16, 2024
Christopher D. Jensen
CTO
Feb 16, 2024
Feb 16, 2024
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3
EXPENDITURE DISTRIBUTION
Item Amount
Base Agreement $90,000
First Amendment $12,000
Second Amendment $30,000
Third Amendment $65,000
Total $197,000
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Contact Name
Contact Title
Company
Address Address
Phone
Email
Unit Price Term (Yrs)Quantity Extended Price
1 20,000.00$ 1.00 1 20,000$
2 200.00$ - 200 40,000$
3 5,000.00$ - 1 5,000$
25,000$
40,000$
65,000$
Additional storage is available if needed at $3k/TB
1724 10th Street, Suite 115, Sacramento, CA 95811
Contact Title Manager-Innovation Technology Regional Sales Director
Organization City of Cupertino SimpliGov, LLC
Statement of Work
Customer Details SimpliGov Sales Representative Details
Contact Name Teri Gerhardt Troy Bare
Phone 408.777.3311 916.712.0793
Email terig@cupertino.org tbare@simpligov.com
DescriptionSKU
Total Implementation Price
Total Year 4 Price
SAPGOVPL
Year 4: SimpliGov Automation Platform Base Subscription includes unlimited workflows
and analytics bundle 12 month subscription. Includes 20,000 transactions and .25 TBs
of storage.* Hosted in the Azure Government Cloud and includes 4 environments
staging, preproduction, training and production).
SAPPROSVC
SimpliGov Platform Success (Per hour) - Provides SimpliGov Automation Platform
implementation, training, supervision, program implementation, project development &
management, design, configuration, product development support across multi-functional
project implementation teams. Work to be directed and approved by customer.
Total Year 4 Subscription Price
FTS-KI 12 month subscription for SIMPLIGOV PLATFORM FORM TRANSLATION SERVICES -
KEY INCLUDED
SLA3
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Technical Support Service Guidelines
Priority Response
Time
Target
Resolution
Time
Priority 1/ -
ASAP
4 business
hours
1 business
day
Priority 1 1 business
day
10 business
days
Priority 2 2 business
days
15 business
days
Priority 3 5 business
days One month
Service Level Agreement
1. Liaison. Client will appoint a technical liaison to communicate with SimpliGov with respect to the resolution of technical problems (the “Liaison”), who shall complete reasonable training with SimpliGov to enable
the Liaison to train users and correct problems caused by user error, assist users with the resolution of known issues, and obtain sufficient information from user’s to adequately report problems to SimpliGov. Client may
change such liaison from time to time at reasonable intervals upon written notice to SimpliGov and completion of applicable training by the successor Liaison. SimpliGov will not be obligated to respond or provide
technical support to any person other than the designated liaison.
2. Technical Support Hours and Methods. SimpliGov shall use commercially reasonable efforts to provide email and phone technical support to Client’s Liaison during regular business hours, M-F 9 a.m. to 5
p.m. Pacific Time. Problems may be reported any time, however, SimpliGov will not be obligated to assign work after business hours (9 a.m. to 5 p.m. Pacific Time) to problems that are not classified as Priority 1/ASAP.
3. Holidays. SimpliGov observes the following holidays: New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve Day, and
Christmas Day.
4. Priority. Upon receiving a call or request, SimpliGov will classify and prioritize the problem according to the following criteria (it being understood that in the event that SimpliGov completes a workaround that
relegates the applicable problem to a lower priority level, the service levels applicable to that lower priority level will apply going forward):
5. Client Responsibilities. During the Subscription Term, Client shall: (i) provide supervision, control and management of the use of the SimpliGov Automation Platform Services; (ii) document and promptly report
all errors or malfunctions; and (iii) take all steps reasonably necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures have been received from
SimpliGov.
The issue renders the mission critical real-time processing features and functionalities of the SimpliGov Automation Platform
Services completely unavailable, unresponsive, or inoperable, and there is no workaround.
Description
Process cannot complete and there is no workaround, but the condition does not interrupt all functions of the SimpliGov
Automation Platform Services.
Process cannot complete, but there is a workaround that allows Client to use the SimpliGov Automation Platform Services.
This priority addresses “cosmetic” type calls with no financial or processing impact.
A.The Services will be accessible 98% of the time, 7 days per week, and 24 hours per day (“Uptime Commitment”), as calculated over a calendar month. Uptime Commitment shall not apply to, and SimpliGov will not
be responsible for, any downtime which: 1) lasts less than 15 minutes; 2) results from Scheduled Downtime; 3) results from the failure of communication or telephone access service or other outside service or equipment
or software not the fault of SimpliGov, including without limitation general network outages; 4) is caused by a third party not under SimpliGov’s control; 5) is a result of causes beyond the reasonable control of SimpliGov;
or 6) results from failures of the system or the Client API Kit.
B.If SimpliGov fails to meet its Uptime Commitment in any given month, Client’s sole remedy and SimpliGov’s entire liability will be for SimpliGov to credit Client’s account with “Service Level Credits”, to be applied
against Client’s next billing period as follows:
C. To receive a Service Level Credit, Client must submit a written request for a Service Level Credit to Client’s designated account manager or the SimpliGov support team. To be eligible, the request must (i) include
the dates and times of each incident of downtime experienced by Client in the preceding month; and (ii) be received by SimpliGov within ten business days after the end of the billing cycle in which the downtime occurred.
D. Upon receipt of a Service Level Credit request in compliance with the above requirements, SimpliGov shall have 30 days to review the request and to validate the information provided. If SimpliGov determines in
good faith that the Services failed to meet the Uptime Commitment as alleged in such a request, then SimpliGov will apply such Service Level Credits to Client’s immediately succeeding billing period. Client’s failure to
comply with the provisions of Section 2.C. above will disqualify it from receiving a Service Level Credit.
1. Scheduled Downtime. When needed, SimpliGov will schedule downtime for routine maintenance or system upgrades (“Scheduled Downtime”) for the Service. SimpliGov shall exercise commercially
reasonable efforts to schedule Scheduled Downtime outside of peak traffic periods. SimpliGov will use commercially reasonable efforts to notify Client’s designated contact at least one calendar week prior to the
occurrence of Scheduled Downtime.
2. Uptime Commitment.
1 hours to 2 hours
2 hours to 24 hours
Service Level Credits
1 day prorated monthly Subscription Fees
3 days prorated monthly Subscription Fees
No. of Hours Below Uptime Commitment
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Contract No.
Exhibit B: Insurance Requirements and Proof 0f Insurance
Proof of insurance coverage described below is attached t0 this Exhibit, With City named as
additional insured.
1. MINIMUM SCOPE AND LIMITS OF REQUIRED INSURANCE POLICIES
Additional Insureds:
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
Commercial General Liability and Cyber 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 (1 1/ 85) 0r both CG 20 10 and CG 20 37 forms, iflater editions are used).
Primary Coverage:
Coverage afforded t0 City/Additional Insureds shall be primary insurance. Any insurance 0r self-
insurance maintained by City, its officers, officials, employees, or volunteers shall be excess 0f
Software Provider’s insurance and shall not contribute to it.
Notice 0f Cancellation:
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except
With written notice t0 City 30 days in advance or 10 days in advance if due t0 non—payment 0f
premiums.
Workers' Compensation:
As required by the State 0f California, with Statutory Limits and Employer’s Liability Insurance ofno
less than $1,000,000 per occurrence for bodily injury 0r disease.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of
City for all work performed by Software Provider, its employees, agents, and subconsultants.
General Liability:
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 t0 this project/location (ISO Form CG 25 03 or
25 04) 0r 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 t0 the Additional Insured and shall be (i) the minimum coverage/limits specified
in this agreement; 0r (ii) the broader coverage and maximum limits of coverage of any
insurance policy, Whichever is greater.
b. Additional Insured coverage under Software Provider’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).
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Contract No.
c The limits 0f insurance required may be satisfiedby a combination 0f primary and
umbrella or excess insurance, provided each policy complies with the requirements set forth
in this Agreement. Any umbrella or excess insurance shall contain 0r be endorsed t0 contain
a provision that such coverage shall also apply 0n a primary basis for the benefit of City
before the City’s own insurance 0r self—insurance shall be called upon t0 protect City as a
namedinsured.
Automobile Liability
ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits n0 less
than $1,000, 000 per accident for bodily injury and property damage.
Cyber Liability:
Insurance, with limits not less than:
2,000,000 each occurrence
2,000,000 aggregate - all other
Coverage shall be sufficiently broad to respond t0 the duties and obligations as is undertaken by
Software Provider in this Agreement and shall include, but not be limited t0, claims involving
infringement of intellectual property, including but not limited t0 infringement 0f copyright,
trademark, trade dress, invasion of privacy Violations, information theft, damage to or destruction
of electronic information, release 0f private information, alteration of electronic information,
extortion, and network security. The policy shall provide coverage for breach response costs as
well as regulatory finesand penalties as well as credit monitoring expenses with limits sufficient
to respond to these obligations.
If the Software Provider maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or higher limits
maintained by the Software Provider. Any available insurance proceeds in excess of the specified
minimum limits 0f insurance and coverage shall be available t0 the City.
2. ABSENCE OF INSURANCE COVERAGE.
City may direct Software Provider to immediately cease all activities with respect to this
Agreement if it determines that Software Provider fails t0 carry, in full force and effect, all
insurance policies with coverages at or above the limits specified in this Agreement. At the
City’s discretion, under conditions of lapse, City may purchase appropriate insurance and charge
all costs related to such policy to Software Provider.
3. PROOF OF INSURANCE COVERAGE AND COVERAGE VERIFICATION.
A Certificate of Insurance, 0n an Accord form, and completed coverage verification shall be
provided t0 City by each of Software Provider's insurance companies as evidence 0f the
stipulated coverages prior t0 the Commencement Date 0f this Agreement, and annually
thereafter for the term 0f this Agreement. A11 0f the insurance companies providing insurance
for Software Provider shall be licensed to d0 insurance business in the State of California and shall
have, and provide evidence of, a Best Rating Service rate 0f A2VH 0r above.
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Contract No.
4. SUBCONTRACTORS
Software Provider shall require and verify that all subconsultants maintain insurance that meet the
requirements 0f this Contract, including naming the City as an additional insured 0n
subconsultant’s insurance policies.
5. HIGHER INSURANCE LIMITS
If Software Provider maintains broader coverage and/or higher limits than the minimums shown
above, City shall be entitled t0 coverage for the higher insurance limits maintained by Software
Provider.
6. ADEQUACY OF COVERAGE
City reserves the right t0 modify these insurance requirements/coverage based 0n the nature of
the risk, prior experience, insurer 0r other special circumstances, With not less than ninety (90)
days prior written notice.
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THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.
Process Date:04/01/23 Policy Expiration Date:05/11/24
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number:57 WEC AB5D4X Endorsement Number:
Effective Date:05/11/23 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address:Simpligov, LLC
1724 10TH ST UNIT 115
SACRAMENTO CA 95811
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.(This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be 2 %of the California workers'compensation premium otherwise due
on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from
us
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02/13/2024
Newfront
777 Mariners Island Blvd.
Suite 250
San Mateo CA 94404
Amy Nguyen
650) 412-7526 (650) 488-8566
Amy.Nguyen@newfront.com
Simpligov, LLC
1724 10th St Unit 115
Sacramento CA 95811
Sentinel Insurance Company Ltd 11000
Progressive Companies
Rated by Multiple Companies 00914
Lloyd’s of London
CL2421358333
A Y Y 57SBABO4218 06/25/2023 06/25/2024
2,000,000
1,000,000
10,000
2,000,000
4,000,000
4,000,000
B 01856800 02/26/2024 08/26/2024
1,000,000
A
10,000
57SBABO4218 06/25/2023 06/25/2024
3,000,000
3,000,000
C Y Y 57WECAB5D4X 05/11/2023 05/11/2024
1,000,000
1,000,000
1,000,000
D
E&O with Cyber Liability
W23C0F230601 07/06/2023 07/06/2024
Each Claim $5,000,000
Aggregate $5,000,000
Retention $15,000
City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are included as additional insured on General Liability policy
per the attached form. Waiver of Subrogation applies to General Liability and Workers Compensation policies per the attached forms.
City of Cupertino
10300 Torre Avenue
Cupertino CA 95014-3202
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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).
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.
OTHER:
Per accident)
Ea accident)
N / A
SUBR
WVD
ADDL
INSD
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.
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOSONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
MM/DD/YYYY)
POLICY EFF
POLICYNUMBERTYPEOFINSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
AGGREGATE
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG
GENERAL AGGREGATE
PERSONAL & ADV INJURY
MED EXP (Any one person)
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
355
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Form SS 00 08 04 05
2005,The Hartford
BUSINESS LIABILITY COVERAGE FORM
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QUICK REFERENCE
BUSINESS LIABILITY COVERAGE FORM
READ YOUR POLICY CAREFULLY
BUSINESS LIABILITY COVERAGE FORM Beginning on Page
A.COVERAGES 1
Business Liability 1
Medical Expenses 2
Coverage Extension -Supplementary Payments 2
B.EXCLUSIONS 3
C.WHO IS AN INSURED 10
D.LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE 14
E.LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15
1.Bankruptcy 15
2.Duties In The Event Of Occurrence,Offense,Claim Or Suit 15
3.Financial Responsibility Laws 16
4.Legal Action Against Us 16
5.Separation Of Insureds 16
6.Representations 16
7.Other Insurance 16
8.Transfer Of Rights Of Recovery Against Others To Us 17
F.OPTIONAL ADDITIONAL INSURED COVERAGES 18
Additional Insureds 18
G.LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20
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2)Receives a written or verbal demand or
claim for damages because of the "bodily
injury"or "property damage";or
3)Becomes aware by any other means that
bodily injury"or "property damage"has
occurred or has begun to occur.
d.Damages because of "bodily injury"include
damages claimed by any person or
organization for care,loss of services or
death resulting at any time from the "bodily
injury".
e.Incidental Medical Malpractice
1)"Bodily injury"arising out of the
rendering of or failure to render
professional health care services as a
physician,dentist,nurse,emergency
medical technician or paramedic shall
be deemed to be caused by an
occurrence",but only if:
a)The physician,dentist,nurse,
emergency medical technician or
paramedic is employed by you to
provide such services;and
b)You are not engaged in the
business or occupation of providing
such services.
2)For the purpose of determining the
limits of insurance for incidental medical
malpractice,any act or omission
together with all related acts or
omissions in the furnishing of these
services to any one person will be
considered one "occurrence".
2.MEDICAL EXPENSES
Insuring Agreement
a.We will pay medical expenses as described
below for "bodily injury"caused by an
accident:
1)On premises you own or rent;
2)On ways next to premises you own or
rent;or
3)Because of your operations;
provided that:
1)The accident takes place in the
coverage territory"and during the
policy period;
2)The expenses are incurred and reported
to us within three years of the date of
the accident;and
3)The injured person submits to
examination,at our expense,by
physicians of our choice as often as we
reasonably require.
b.We will make these payments regardless of
fault.These payments will not exceed the
applicable limit of insurance.We will pay
reasonable expenses for:
1)First aid administered at the time of an
accident;
2)Necessary medical,surgical,x-ray and
dental services,including prosthetic
devices;and
3)Necessary ambulance,hospital,
professional nursing and funeral
services.
3.COVERAGE EXTENSION -
SUPPLEMENTARY PAYMENTS
a.We will pay,with respect to any claim or
suit"we investigate or settle,or any "suit"
against an insured we defend:
1)All expenses we incur.
2)Up to $1,000 for the cost of bail bonds
required because of accidents or traffic
law violations arising out of the use of
any vehicle to which Business Liability
Coverage for "bodily injury"applies.We
do not have to furnish these bonds.
3)The cost of appeal bonds or bonds to
release attachments,but only for bond
amounts within the applicable limit of
insurance.We do not have to furnish
these bonds.
4)All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or
suit",including actual loss of earnings
up to $500 a day because of time off
from work.
5)All costs taxed against the insured in
the "suit".
6)Prejudgment interest awarded against
the insured on that part of the judgment
we pay.If we make an offer to pay the
applicable limit of insurance,we will not
pay any prejudgment interest based on
that period of time after the offer.
7)All interest on the full amount of any
judgment that accrues after entry of the
judgment and before we have paid,
offered to pay,or deposited in court the
part of the judgment that is within the
applicable limit of insurance.
Any amounts paid under (1)through (7)
above will not reduce the limits of insurance.
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b.If we defend an insured against a "suit"
and an indemnitee of the insured is also
named as a party to the "suit",we will
defend that indemnitee if all of the
following conditions are met:
1)The "suit"against the indemnitee
seeks damages for which the insured
has assumed the liability of the
indemnitee in a contract or agreement
that is an "insured contract";
2)This insurance applies to such liability
assumed by the insured;
3)The obligation to defend,or the cost of
the defense of,that indemnitee,has
also been assumed by the insured in
the same "insured contract";
4)The allegations in the "suit"and the
information we know about the
occurrence"are such that no conflict
appears to exist between the interests
of the insured and the interest of the
indemnitee;
5)The indemnitee and the insured ask
us to conduct and control the defense
of that indemnitee against such "suit"
and agree that we can assign the
same counsel to defend the insured
and the indemnitee;and
6)The indemnitee:
a)Agrees in writing to:
i)Cooperate with us in the
investigation,settlement or
defense of the "suit";
ii)Immediately send us copies of
any demands,notices,
summonses or legal papers
received in connection with
the "suit";
iii)Notify any other insurer whose
coverage is available to the
indemnitee;and
iv)Cooperate with us with
respect to coordinating other
applicable insurance available
to the indemnitee;and
b)Provides us with written
authorization to:
i)Obtain records and other
information related to the
suit";and
ii)Conduct and control the
defense of the indemnitee in
such "suit".
So long as the above conditions are met,
attorneys'fees incurred by us in the
defense of that indemnitee,necessary
litigation expenses incurred by us and
necessary litigation expenses incurred
by the indemnitee at our request will be
paid as Supplementary Payments.
Notwithstanding the provisions of
Paragraph 1.b.(b)of Section B.–
Exclusions,such payments will not be
deemed to be damages for "bodily
injury"and "property damage"and will
not reduce the Limits of Insurance.
Our obligation to defend an insured's
indemnitee and to pay for attorneys'fees
and necessary litigation expenses as
Supplementary Payments ends when:
1)We have used up the applicable limit
of insurance in the payment of
judgments or settlements;or
2)The conditions set forth above,or the
terms of the agreement described in
Paragraph (6)above,are no longer met.
B.EXCLUSIONS
1.Applicable To Business Liability Coverage
This insurance does not apply to:
a.Expected Or Intended Injury
1)"Bodily injury"or "property damage"
expected or intended from the
standpoint of the insured.This
exclusion does not apply to "bodily
injury"or "property damage"resulting
from the use of reasonable force to
protect persons or property;or
2)"Personal and advertising injury"arising
out of an offense committed by,at the
direction of or with the consent or
acquiescence of the insured with the
expectation of inflicting "personal and
advertising injury".
b.Contractual Liability
1)"Bodily injury"or "property damage";or
2)"Personal and advertising injury"
for which the insured is obligated to pay
damages by reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to liability
for damages because of:
a)"Bodily injury","property damage"or
personal and advertising injury"that
the insured would have in the
absence of the contract or
agreement;or
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b)"Bodily injury"or "property damage"
assumed in a contract or agreement
that is an "insured contract",
provided the "bodily injury"or
property damage"occurs
subsequent to the execution of the
contract or agreement.Solely for
the purpose of liability assumed in
an "insured contract",reasonable
attorneys'fees and necessary
litigation expenses incurred by or for
a party other than an insured are
deemed to be damages because of
bodily injury"or "property damage"
provided:
i)Liability to such party for,or for
the cost of,that party’s defense
has also been assumed in the
same "insured contract",and
ii)Such attorneys'fees and
litigation expenses are for
defense of that party against a
civil or alternative dispute
resolution proceeding in which
damages to which this
insurance applies are alleged.
c.Liquor Liability
Bodily injury"or "property damage"for
which any insured may be held liable by
reason of:
1)Causing or contributing to the
intoxication of any person;
2)The furnishing of alcoholic beverages to
a person under the legal drinking age or
under the influence of alcohol;or
3)Any statute,ordinance or regulation
relating to the sale,gift,distribution or
use of alcoholic beverages.
This exclusion applies only if you are in the
business of manufacturing,distributing,
selling,serving or furnishing alcoholic
beverages.
d.Workers'Compensation And Similar
Laws
Any obligation of the insured under a
workers'compensation,disability benefits
or unemployment compensation law or
any similar law.
e.Employer’s Liability
Bodily injury"to:
1)An "employee"of the insured arising
out of and in the course of:
a)Employment by the insured;or
b)Performing duties related to the
conduct of the insured’s business,or
2)The spouse,child,parent,brother or
sister of that "employee"as a
consequence of (1)above.
This exclusion applies:
1)Whether the insured may be liable as
an employer or in any other capacity;
and
2)To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.
This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
f.Pollution
1)"Bodily injury","property damage"or
personal and advertising injury"
arising out of the actual,alleged or
threatened discharge,dispersal,
seepage,migration,release or escape
of "pollutants":
a)At or from any premises,site or
location which is or was at any
time owned or occupied by,or
rented or loaned to any insured.
However,this subparagraph does
not apply to:
i)"Bodily injury"if sustained within
a building and caused by
smoke,fumes,vapor or soot
produced by or originating from
equipment that is used to heat,
cool or dehumidify the building,
or equipment that is used to
heat water for personal use,by
the building's occupants or their
guests;
ii)"Bodily injury"or "property
damage"for which you may be
held liable,if you are a
contractor and the owner or
lessee of such premises,site or
location has been added to your
policy as an additional insured
with respect to your ongoing
operations performed for that
additional insured at that
premises,site or location and
such premises,site or location
is not and never was owned or
occupied by,or rented or
loaned to,any insured,other
than that additional insured;or
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iii)"Bodily injury"or "property
damage"arising out of heat,
smoke or fumes from a
hostile fire";
b)At or from any premises,site or
location which is or was at any
time used by or for any insured or
others for the handling,storage,
disposal,processing or treatment
of waste;
c)Which are or were at any time
transported,handled,stored,
treated,disposed of,or processed
as waste by or for:
i)Any insured;or
ii)Any person or organization for
whom you may be legally
responsible;
d)At or from any premises,site or
location on which any insured or
any contractors or subcontractors
working directly or indirectly on
any insured's behalf are
performing operations if the
pollutants"are brought on or to
the premises,site or location in
connection with such operations
by such insured,contractor or
subcontractor.However,this
subparagraph does not apply to:
i)"Bodily injury"or "property
damage"arising out of the
escape of fuels,lubricants or
other operating fluids which are
needed to perform the normal
electrical,hydraulic or
mechanical functions
necessary for the operation of
mobile equipment"or its parts,
if such fuels,lubricants or other
operating fluids escape from a
vehicle part designed to hold,
store or receive them.This
exception does not apply if the
bodily injury"or "property
damage"arises out of the
intentional discharge,dispersal
or release of the fuels,
lubricants or other operating
fluids,or if such fuels,
lubricants or other operating
fluids are brought on or to the
premises,site or location with
the intent that they be
discharged,dispersed or
released as part of the
operations being performed
by such insured,contractor or
subcontractor;
ii)"Bodily injury"or "property
damage"sustained within a
building and caused by the
release of gases,fumes or
vapors from materials brought
into that building in connection
with operations being performed
by you or on your behalf by a
contractor or subcontractor;or
iii)"Bodily injury"or "property
damage"arising out of heat,
smoke or fumes from a
hostile fire";or
e)At or from any premises,site or
location on which any insured or any
contractors or subcontractors
working directly or indirectly on any
insured’s behalf are performing
operations if the operations are to
test for,monitor,clean up,remove,
contain,treat,detoxify or neutralize,
or in any way respond to,or assess
the effects of,"pollutants".
2)Any loss,cost or expense arising out
of any:
a)Request,demand,order or statutory
or regulatory requirement that any
insured or others test for,monitor,
clean up,remove,contain,treat,
detoxify or neutralize,or in any way
respond to,or assess the effects of,
pollutants";or
b)Claim or suit by or on behalf of a
governmental authority for
damages because of testing for,
monitoring,cleaning up,removing,
containing,treating,detoxifying or
neutralizing,or in any way
responding to,or assessing the
effects of,"pollutants".
However,this paragraph does not
apply to liability for damages because
of "property damage"that the insured
would have in the absence of such
request,demand,order or statutory or
regulatory requirement,or such claim
or "suit"by or on behalf of a
governmental authority.
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g.Aircraft,Auto Or Watercraft
Bodily injury"or "property damage"arising
out of the ownership,maintenance,use or
entrustment to others of any aircraft,"auto"
or watercraft owned or operated by or rented
or loaned to any insured.Use includes
operation and "loading or unloading".
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision,hiring,
employment,training or monitoring of others
by that insured,if the "occurrence"which
caused the "bodily injury"or "property
damage"involved the ownership,
maintenance,use or entrustment to others of
any aircraft,"auto"or watercraft that is
owned or operated by or rented or loaned to
any insured.
This exclusion does not apply to:
1)A watercraft while ashore on premises
you own or rent;
2)A watercraft you do not own that is:
a)Less than 51 feet long;and
b)Not being used to carry persons
for a charge;
3)Parking an "auto"on,or on the ways
next to,premises you own or rent,
provided the "auto"is not owned by or
rented or loaned to you or the insured;
4)Liability assumed under any "insured
contract"for the ownership,
maintenance or use of aircraft or
watercraft;
5)"Bodily injury"or "property damage"
arising out of the operation of any of
the equipment listed in Paragraph f.(2)
or f.(3)of the definition of "mobile
equipment";or
6)An aircraft that is not owned by any
insured and is hired,chartered or loaned
with a paid crew.However,this
exception does not apply if the insured
has any other insurance for such "bodily
injury"or "property damage",whether
the other insurance is primary,excess,
contingent or on any other basis.
h.Mobile Equipment
Bodily injury"or "property damage"
arising out of:
1)The transportation of "mobile equipment"
by an "auto"owned or operated by or
rented or loaned to any insured;or
2)The use of "mobile equipment"in,or
while in practice or preparation for,a
prearranged racing,speed or
demolition contest or in any stunting
activity.
i.War
Bodily injury","property damage"or
personal and advertising injury",however
caused,arising,directly or indirectly,out of:
1)War,including undeclared or civil war;
2)Warlike action by a military force,
including action in hindering or
defending against an actual or
expected attack,by any government,
sovereign or other authority using
military personnel or other agents;or
3)Insurrection,rebellion,revolution,
usurped power,or action taken by
governmental authority in hindering or
defending against any of these.
j.Professional Services
Bodily injury","property damage"or
personal and advertising injury"arising
out of the rendering of or failure to render
any professional service.This includes
but is not limited to:
1)Legal,accounting or advertising
services;
2)Preparing,approving,or failing to
prepare or approve maps,shop
drawings,opinions,reports,surveys,
field orders,change orders,designs or
drawings and specifications;
3)Supervisory,inspection,architectural
or engineering activities;
4)Medical,surgical,dental,x-ray or
nursing services treatment,advice or
instruction;
5)Any health or therapeutic service
treatment,advice or instruction;
6)Any service,treatment,advice or
instruction for the purpose of
appearance or skin enhancement,hair
removal or replacement or personal
grooming;
7)Optical or hearing aid services
including the prescribing,preparation,
fitting,demonstration or distribution of
ophthalmic lenses and similar
products or hearing aid devices;
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8)Optometry or optometric services
including but not limited to examination
of the eyes and the prescribing,
preparation,fitting,demonstration or
distribution of ophthalmic lenses and
similar products;
9)Any:
a)Body piercing (not including ear
piercing);
b)Tattooing,including but not limited
to the insertion of pigments into or
under the skin;and
c)Similar services;
10)Services in the practice of pharmacy;
and
11)Computer consulting,design or
programming services,including web
site design.
Paragraphs (4)and (5)of this exclusion do
not apply to the Incidental Medical
Malpractice coverage afforded under
Paragraph 1.e.in Section A.-Coverages.
k.Damage To Property
Property damage"to:
1)Property you own,rent or occupy,
including any costs or expenses
incurred by you,or any other person,
organization or entity,for repair,
replacement,enhancement,
restoration or maintenance of such
property for any reason,including
prevention of injury to a person or
damage to another's property;
2)Premises you sell,give away or
abandon,if the "property damage"arises
out of any part of those premises;
3)Property loaned to you;
4)Personal property in the care,custody
or control of the insured;
5)That particular part of real property on
which you or any contractors or
subcontractors working directly or
indirectly on your behalf are performing
operations,if the "property damage"
arises out of those operations;or
6)That particular part of any property
that must be restored, repaired or
replaced because "your work"was
incorrectly performed on it.
Paragraphs (1),(3)and (4)of this
exclusion do not apply to "property
damage"(other than damage by fire)to
premises,including the contents of such
premises,rented to you for a period of 7 or
fewer consecutive days.A separate Limit
of Insurance applies to Damage To
Premises Rented To You as described in
Section D.-Limits Of Insurance.
Paragraph (2)of this exclusion does not
apply if the premises are "your work"and
were never occupied,rented or held for
rental by you.
Paragraphs (3)and (4)of this exclusion do
not apply to the use of elevators.
Paragraphs (3),(4),(5)and (6)of this
exclusion do not apply to liability assumed
under a sidetrack agreement.
Paragraphs (3)and (4)of this exclusion do
not apply to "property damage"to
borrowed equipment while not being used
to perform operations at a job site.
Paragraph (6)of this exclusion does not
apply to "property damage"included in the
products-completed operations hazard".
l.Damage To Your Product
Property damage"to "your product"
arising out of it or any part of it.
m.Damage To Your Work
Property damage"to "your work"arising
out of it or any part of it and included in the
products-completed operations hazard".
This exclusion does not apply if the
damaged work or the work out of which
the damage arises was performed on your
behalf by a subcontractor.
n.Damage To Impaired Property Or
Property Not Physically Injured
Property damage"to "impaired property"
or property that has not been physically
injured,arising out of:
1)A defect,deficiency,inadequacy or
dangerous condition in "your product"
or "your work";or
2)A delay or failure by you or anyone
acting on your behalf to perform a
contract or agreement in accordance
with its terms.
This exclusion does not apply to the loss
of use of other property arising out of
sudden and accidental physical injury to
your product"or "your work"after it has
been put to its intended use.
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o.Recall Of Products,Work Or Impaired
Property
Damages claimed for any loss,cost or
expense incurred by you or others for the
loss of use,withdrawal,recall,inspection,
repair,replacement,adjustment,removal
or disposal of:
1)"Your product";
2)"Your work";or
3)"Impaired property";
if such product,work or property is
withdrawn or recalled from the market or
from use by any person or organization
because of a known or suspected defect,
deficiency,inadequacy or dangerous
condition in it.
p.Personal And Advertising Injury
Personal and advertising injury":
1)Arising out of oral,written or electronic
publication of material,if done by or at
the direction of the insured with
knowledge of its falsity;
2)Arising out of oral,written or electronic
publication of material whose first
publication took place before the
beginning of the policy period;
3)Arising out of a criminal act committed
by or at the direction of the insured;
4)Arising out of any breach of contract,
except an implied contract to use
another’s "advertising idea"in your
advertisement";
5)Arising out of the failure of goods,
products or services to conform with
any statement of quality or
performance made in your
advertisement";
6)Arising out of the wrong description of
the price of goods,products or services;
7)Arising out of any violation of any
intellectual property rights such as
copyright,patent,trademark,trade
name,trade secret,service mark or
other designation of origin or
authenticity.
However,this exclusion does not
apply to infringement,in your
advertisement",of
a)Copyright;
b)Slogan,unless the slogan is also
a trademark,trade name,service
mark or other designation of origin
or authenticity;or
c)Title of any literary or artistic work;
8)Arising out of an offense committed by
an insured whose business is:
a)Advertising,broadcasting,
publishing or telecasting;
b)Designing or determining content
of web sites for others;or
c)An Internet search,access,
content or service provider.
However,this exclusion does not
apply to Paragraphs a.,b.and c.
under the definition of "personal and
advertising injury"in Section G.–
Liability And Medical Expenses
Definitions.
For the purposes of this exclusion,
placing an "advertisement"for or
linking to others on your web site,by
itself,is not considered the business
of advertising,broadcasting,
publishing or telecasting;
9)Arising out of an electronic chat room
or bulletin board the insured hosts,
owns,or over which the insured
exercises control;
10)Arising out of the unauthorized use of
another's name or product in your e-mail
address,domain name or metatags,or
any other similar tactics to mislead
another's potential customers;
11)Arising out of the violation of a
person's right of privacy created by
any state or federal act.
However,this exclusion does not
apply to liability for damages that the
insured would have in the absence of
such state or federal act;
12)Arising out of:
a)An "advertisement"for others on
your web site;
b)Placing a link to a web site of
others on your web site;
c)Content from a web site of others
displayed within a frame or border
on your web site.Content includes
information,code,sounds,text,
graphics or images;or
d)Computer code,software or
programming used to enable:
i)Your web site;or
ii)The presentation or functionality
of an "advertisement"or other
content on your web site;
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13)Arising out of a violation of any anti-
trust law;
14)Arising out of the fluctuation in price or
value of any stocks,bonds or other
securities;or
15)Arising out of discrimination or
humiliation committed by or at the
direction of any "executive officer",
director,stockholder,partner or
member of the insured.
q.Electronic Data
Damages arising out of the loss of,loss of
use of,damage to,corruption of,inability
to access,or inability to manipulate
electronic data".
r.Employment-Related Practices
Bodily injury"or "personal and advertising
injury"to:
1)A person arising out of any:
a)Refusal to employ that person;
b)Termination of that person's
employment;or
c)Employment-related practices,
policies,acts or omissions,such as
coercion,demotion,evaluation,
reassignment,discipline,
defamation,harassment,humiliation
or discrimination directed at that
person;or
2)The spouse,child,parent,brother or
sister of that person as a
consequence of "bodily injury"or
personal and advertising injury"to the
person at whom any of the
employment-related practices
described in Paragraphs (a),(b),or (c)
above is directed.
This exclusion applies:
1)Whether the insured may be liable as
an employer or in any other capacity;
and
2)To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.
s.Asbestos
1)"Bodily injury","property damage"or
personal and advertising injury"
arising out of the "asbestos hazard".
2)Any damages,judgments,settlements,
loss,costs or expenses that:
a)May be awarded or incurred by
reason of any claim or suit
alleging actual or threatened injury
or damage of any nature or kind to
persons or property which would
not have occurred in whole or in
part but for the "asbestos hazard";
b)Arise out of any request,demand,
order or statutory or regulatory
requirement that any insured or
others test for,monitor,clean up,
remove,encapsulate,contain,
treat,detoxify or neutralize or in
any way respond to or assess the
effects of an "asbestos hazard";or
c)Arise out of any claim or suit for
damages because of testing for,
monitoring,cleaning up,removing,
encapsulating,containing,treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
t.Violation Of Statutes That Govern E-
Mails,Fax,Phone Calls Or Other
Methods Of Sending Material Or
Information
Bodily injury","property damage",or
personal and advertising injury"arising
directly or indirectly out of any action or
omission that violates or is alleged to
violate:
1)The Telephone Consumer Protection
Act (TCPA),including any amendment
of or addition to such law;
2)The CAN-SPAM Act of 2003,including
any amendment of or addition to such
law;or
3)Any statute,ordinance or regulation,
other than the TCPA or CAN-SPAM Act
of 2003,that prohibits or limits the
sending,transmitting,communicating or
distribution of material or information.
Damage To Premises Rented To You –
Exception For Damage By Fire,Lightning
or Explosion
Exclusions c.through h.and k.through o.do
not apply to damage by fire,lightning or
explosion to premises rented to you or
temporarily occupied by you with permission of
the owner.A separate Limit of Insurance
applies to this coverage as described in
Section D.-Liability And Medical Expenses
Limits Of Insurance.
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2.Applicable To Medical Expenses Coverage
We will not pay expenses for "bodily injury":
a.Any Insured
To any insured,except "volunteer workers".
b.Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c.Injury On Normally Occupied Premises
To a person injured on that part of
premises you own or rent that the person
normally occupies.
d.Workers'Compensation And Similar
Laws
To a person,whether or not an
employee"of any insured,if benefits for
the "bodily injury"are payable or must be
provided under a workers'compensation
or disability benefits law or a similar law.
e.Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games,sports or athletic
contests.
f.Products-Completed Operations Hazard
Included with the "products-completed
operations hazard".
g.Business Liability Exclusions
Excluded under Business Liability Coverage.
C.WHO IS AN INSURED
1.If you are designated in the Declarations as:
a.An individual,you and your spouse are
insureds,but only with respect to the
conduct of a business of which you are the
sole owner.
b.A partnership or joint venture,you are an
insured.Your members,your partners,and
their spouses are also insureds,but only with
respect to the conduct of your business.
c.A limited liability company,you are an
insured.Your members are also insureds,
but only with respect to the conduct of your
business.Your managers are insureds,but
only with respect to their duties as your
managers.
d.An organization other than a partnership,
joint venture or limited liability company,you
are an insured.Your "executive officers"and
directors are insureds,but only with respect
to their duties as your officers or directors.
Your stockholders are also insureds,but only
with respect to their liability as stockholders.
e.A trust,you are an insured.Your trustees
are also insureds,but only with respect to
their duties as trustees.
2.Each of the following is also an insured:
a.Employees And Volunteer Workers
Your "volunteer workers"only while
performing duties related to the conduct of
your business,or your "employees",other
than either your "executive officers"(if you
are an organization other than a
partnership,joint venture or limited liability
company)or your managers (if you are a
limited liability company),but only for acts
within the scope of their employment by
you or while performing duties related to
the conduct of your business.
However,none of these "employees"or
volunteer workers"are insureds for:
1)"Bodily injury"or "personal and
advertising injury":
a)To you,to your partners or
members (if you are a partnership
or joint venture),to your members
if you are a limited liability
company),or to a co-"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business,or to your other
volunteer workers"while
performing duties related to the
conduct of your business;
b)To the spouse,child,parent,
brother or sister of that co-
employee"or that "volunteer
worker"as a consequence of
Paragraph (1)(a)above;
c)For which there is any obligation
to share damages with or repay
someone else who must pay
damages because of the injury
described in Paragraphs (1)(a)or
b)above;or
d)Arising out of his or her providing
or failing to provide professional
health care services.
If you are not in the business of
providing professional health care
services,Paragraph (d)does not apply
to any nurse,emergency medical
technician or paramedic employed by
you to provide such services.
2)"Property damage"to property:
a)Owned,occupied or used by,
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b)Rented to,in the care,custody or
control of,or over which physical
control is being exercised for any
purpose by you,any of your
employees","volunteer workers",
any partner or member (if you are
a partnership or joint venture),or
any member (if you are a limited
liability company).
b.Real Estate Manager
Any person (other than your "employee"or
volunteer worker"),or any organization
while acting as your real estate manager.
c.Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die,but only:
1)With respect to liability arising out of the
maintenance or use of that property;and
2)Until your legal representative has
been appointed.
d.Legal Representative If You Die
Your legal representative if you die,but
only with respect to duties as such.That
representative will have all your rights and
duties under this insurance.
e.Unnamed Subsidiary
Any subsidiary and subsidiary thereof,of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50%of the voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
3.Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership,joint venture or
limited liability company,and over which you
maintain financial interest of more than 50%of
the voting stock,will qualify as a Named
Insured if there is no other similar insurance
available to that organization.However:
a.Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period,whichever is earlier;and
b.Coverage under this provision does not
apply to:
1)"Bodily injury"or "property damage"
that occurred;or
2)"Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
4.Operator Of Mobile Equipment
With respect to "mobile equipment"registered in
your name under any motor vehicle registration
law,any person is an insured while driving such
equipment along a public highway with your
permission.Any other person or organization
responsible for the conduct of such person is
also an insured,but only with respect to liability
arising out of the operation of the equipment,and
only if no other insurance of any kind is available
to that person or organization for this liability.
However,no person or organization is an insured
with respect to:
a."Bodily injury"to a co-"employee"of the
person driving the equipment;or
b."Property damage"to property owned by,
rented to,in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
5.Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge,any person is an
insured while operating such watercraft with
your permission.Any other person or
organization responsible for the conduct of
such person is also an insured,but only with
respect to liability arising out of the operation
of the watercraft,and only if no other
insurance of any kind is available to that
person or organization for this liability.
However,no person or organization is an
insured with respect to:
a."Bodily injury"to a co-"employee"of the
person operating the watercraft;or
b."Property damage"to property owned by,
rented to,in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
6.Additional Insureds When Required By
Written Contract,Written Agreement Or
Permit
The person(s)or organization(s)identified in
Paragraphs a.through f.below are additional
insureds when you have agreed,in a written
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contract,written agreement or because of a
permit issued by a state or political
subdivision,that such person or organization
be added as an additional insured on your
policy,provided the injury or damage occurs
subsequent to the execution of the contract or
agreement,or the issuance of the permit.
A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.
However,no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F.–Optional Additional Insured Coverages.
a.Vendors
Any person(s)or organization(s)(referred to
below as vendor),but only with respect to
bodily injury"or "property damage"arising
out of "your products"which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury"or
property damage"included within the
products-completed operations hazard".
1)The insurance afforded to the vendor
is subject to the following additional
exclusions:
This insurance does not apply to:
a)"Bodily injury"or "property
damage"for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
b)Any express warranty
unauthorized by you;
c)Any physical or chemical change
in the product made intentionally
by the vendor;
d)Repackaging,except when
unpacked solely for the purpose of
inspection,demonstration,testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
e)Any failure to make such
inspections,adjustments,tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business,in connection
with the distribution or sale of the
products;
f)Demonstration,installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
g)Products which,after distribution
or sale by you,have been labeled
or relabeled or used as a
container,part or ingredient of any
other thing or substance by or for
the vendor;or
h)"Bodily injury"or "property
damage"arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf.However,this
exclusion does not apply to:
i)The exceptions contained in
Subparagraphs (d)or (f);or
ii)Such inspections,adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business,in
connection with the distribution
or sale of the products.
2)This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient,part or container,
entering into,accompanying or
containing such products.
b.Lessors Of Equipment
1)Any person or organization from
whom you lease equipment;but only
with respect to their liability for "bodily
injury","property damage"or
personal and advertising injury"
caused,in whole or in part,by your
maintenance,operation or use of
equipment leased to you by such
person or organization.
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2)With respect to the insurance afforded
to these additional insureds,this
insurance does not apply to any
occurrence"which takes place after
you cease to lease that equipment.
c.Lessors Of Land Or Premises
1)Any person or organization from
whom you lease land or premises,but
only with respect to liability arising out
of the ownership,maintenance or use
of that part of the land or premises
leased to you.
2)With respect to the insurance afforded
to these additional insureds,this
insurance does not apply to:
a)Any "occurrence"which takes
place after you cease to lease that
land or be a tenant in that
premises;or
b)Structural alterations,new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d.Architects,Engineers Or Surveyors
1)Any architect,engineer,or surveyor,but
only with respect to liability for "bodily
injury","property damage"or "personal
and advertising injury"caused,in whole
or in part,by your acts or omissions or
the acts or omissions of those acting on
your behalf:
a)In connection with your premises;
or
b)In the performance of your
ongoing operations performed by
you or on your behalf.
2)With respect to the insurance afforded
to these additional insureds,the
following additional exclusion applies:
This insurance does not apply to
bodily injury","property damage"or
personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you,including:
a)The preparing,approving,or
failure to prepare or approve,
maps,shop drawings,opinions,
reports,surveys,field orders,
change orders,designs or
drawings and specifications;or
b)Supervisory,inspection,
architectural or engineering
activities.
e.Permits Issued By State Or Political
Subdivisions
1)Any state or political subdivision,but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
2)With respect to the insurance afforded
to these additional insureds,this
insurance does not apply to:
a)"Bodily injury","property damage"
or "personal and advertising
injury"arising out of operations
performed for the state or
municipality;or
b)"Bodily injury"or "property damage"
included within the "products-
completed operations hazard".
f.Any Other Party
1)Any other person or organization who
is not an insured under Paragraphs a.
through e.above,but only with
respect to liability for "bodily injury",
property damage"or "personal and
advertising injury"caused,in whole or
in part,by your acts or omissions or
the acts or omissions of those acting
on your behalf:
a)In the performance of your
ongoing operations;
b)In connection with your premises
owned by or rented to you;or
c)In connection with "your work"and
included within the "products-
completed operations hazard",but
only if
i)The written contract or written
agreement requires you to
provide such coverage to
such additional insured;and
ii)This Coverage Part provides
coverage for "bodily injury"or
property damage"included
within the "products-
completed operations hazard".
2)With respect to the insurance afforded
to these additional insureds,this
insurance does not apply to:
Bodily injury","property damage"or
personal and advertising injury"
arising out of the rendering of,or the
failure to render,any professional
architectural,engineering or surveying
services,including:
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a)The preparing,approving,or
failure to prepare or approve,
maps,shop drawings,opinions,
reports,surveys,field orders,
change orders,designs or
drawings and specifications;or
b)Supervisory,inspection,
architectural or engineering
activities.
The limits of insurance that apply to additional
insureds are described in Section D.–Limits
Of Insurance.
How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E.–Liability And Medical Expenses
General Conditions.
No person or organization is an insured with
respect to the conduct of any current or past
partnership,joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.
D.LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
1.The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a.Insureds;
b.Claims made or "suits"brought;or
c.Persons or organizations making claims or
bringing "suits".
2.Aggregate Limits
The most we will pay for:
a.Damages because of "bodily injury"and
property damage"included in the
products-completed operations hazard"is
the Products-Completed Operations
Aggregate Limit shown in the
Declarations.
b.Damages because of all other "bodily
injury","property damage"or "personal
and advertising injury",including medical
expenses,is the General Aggregate Limit
shown in the Declarations.
This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
Location"means premises involving the
same or connecting lots,or premises
whose connection is interrupted only by a
street,roadway or right-of-way of a
railroad.
This General Aggregate limit does not
apply to "property damage"to premises
while rented to you or temporarily
occupied by you with permission of the
owner,arising out of fire,lightning or
explosion.
3.Each Occurrence Limit
Subject to 2.a.or 2.b above,whichever
applies,the most we will pay for the sum of all
damages because of all "bodily injury",
property damage"and medical expenses
arising out of any one "occurrence"is the
Liability and Medical Expenses Limit shown in
the Declarations.
The most we will pay for all medical expenses
because of "bodily injury"sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.
4.Personal And Advertising Injury Limit
Subject to 2.b.above,the most we will pay for
the sum of all damages because of all
personal and advertising injury"sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.
5.Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
property damage"to any one premis es,while
rented to you,or in the case of damage by fire,
lightning or explosion,while rented to you or
temporarily occupied by you with permission of
the owner.
In the case of damage by fire,lightning or
explosion,the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event,whether such
damage results from fire,lightning or explosion
or any combination of these.
6.How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a.The limits of insurance specified in a
written contract,written agreement or
permit issued by a state or political
subdivision;or
b.The Limits of Insurance shown in the
Declarations.
Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.
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If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit",the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or "suit".However,this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3.above.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months,starting
with the beginning of the policy period shown in the
Declarations,unless the policy period is extended
after issuance for an additional period of less than 12
months.In that case,the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
E.LIABILITY AND MEDICAL EXPENSES
GENERAL CONDITIONS
1.Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.
2.Duties In The Event Of Occurrence,
Offense,Claim Or Suit
a.Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an "occurrence"or an
offense which may result in a claim.To
the extent possible,notice should include:
1)How,when and where the "occurrence"
or offense took place;
2)The names and addresses of any
injured persons and witnesses;and
3)The nature and location of any injury
or damage arising out of the
occurrence"or offense.
b.Notice Of Claim
If a claim is made or "suit"is brought
against any insured,you or any additional
insured must:
1)Immediately record the specifics of the
claim or "suit"and the date received;
and
2)Notify us as soon as practicable.
You or any additional insured must see to
it that we receive a written notice of the
claim or "suit"as soon as practicable.
c.Assistance And Cooperation Of The
Insured
You and any other involved insured must:
1)Immediately send us copies of any
demands,notices,summonses or
legal papers received in connection
with the claim or "suit";
2)Authorize us to obtain records and
other information;
3)Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit";and
4)Assist us,upon our request,in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d.Obligations At The Insured's Own Cost
No insured will,except at that insured's own
cost,voluntarily make a payment,assume
any obligation,or incur any expense,other
than for first aid,without our consent.
e.Additional Insured's Other Insurance
If we cover a claim or "suit"under this
Coverage Part that may also be covered
by other insurance available to an
additional insured,such additional insured
must submit such claim or "suit"to the
other insurer for defense and indemnity.
However,this provision does not apply to
the extent that you have agreed in a
written contract,written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured's own insurance.
f.Knowledge Of An Occurrence,Offense,
Claim Or Suit
Paragraphs a.and b.apply to you or to
any additional insured only when such
occurrence",offense,claim or "suit"is
known to:
1)You or any additional insured that is
an individual;
2)Any partner,if you or an additional
insured is a partnership;
3)Any manager,if you or an additional
insured is a limited liability company;
4)Any "executive officer"or insurance
manager,if you or an additional
insured is a corporation;
5)Any trustee,if you or an additional
insured is a trust;or
6)Any elected or appointed offic ial,if you
or an additional insured is a political
subdivision or public entity.
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This Paragraph f.applies separately to
you and any additional insured.
3.Financial Responsibility Laws
a.When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law,the insurance
provided by the policy for "bodily injury"
liability and "property damage"liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b.With respect to "mobile equipment"to
which this insurance applies,we will
provide any liability,uninsured motorists,
underinsured motorists,no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.
4.Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a.To join us as a party or otherwise bring us
into a "suit"asking for damages from an
insured;or
b.To sue us on this Coverage Form unless
all of its terms have been fully complied
with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured;but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance.An agreed
settlement means a settlement and release of
liability signed by us,the insured and the
claimant or the claimant's legal representative.
5.Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy 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
a claim is made or "suit"is brought.
6.Representations
a.When You Accept This Policy
By accepting this policy,you agree:
1)The statements in the Declarations
are accurate and complete;
2)Those statements are based upon
representations you made to us;and
3)We have issued this policy in reliance
upon your representations.
b.Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part,we shall not deny any
coverage under this Coverage Part
because of such failure.
7.Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part,our obligations are limited as
follows:
a.Primary Insurance
This insurance is primary except when b.
below applies.If other insurance is also
primary,we will share with all that other
insurance by the method described in c.
below.
b.Excess Insurance
This insurance is excess over any of the
other insurance,whether primary,excess,
contingent or on any other basis:
1)Your Work
That is Fire,Extended Coverage,
Builder's Risk,Installation Risk or
similar coverage for "your work";
2)Premises Rented To You
That is fire,lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
3)Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
property damage"to premises rented
to you or temporarily occupied by you
with permission of the owner;
4)Aircraft,Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft,"autos"or watercraft to
the extent not subject to Exclusion g.of
Section A.–Coverages.
5)Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage"to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k.of Section A.–
Coverages.
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6)When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations,or products and completed
operations,for which you have been
added as an additional insured by that
insurance;or
7)When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.
However,the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
a)Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary.If other
insurance is also primary,we will
share with all that other insurance
by the method described in c.
below.
b)Primary And Non-Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract,written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance,this insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs (a)and (b)do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this insurance is excess,we will
have no duty under this Coverage Part to
defend the insured against any "suit"if any
other insurer has a duty to defend the
insured against that "suit".If no other
insurer defends,we will undertake to do
so,but we will be entitled to the insured's
rights against all those other insurers.
When this insurance is excess over other
insurance,we will pay only our share of
the amount of the loss,if any,that
exceeds the sum of:
1)The total amount that all such other
insurance would pay for the loss in the
absence of this insurance;and
2)The total of all deductible and self-
insured amounts under all that other
insurance.
We will share the remaining loss,if any,with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c.Method Of Sharing
If all 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.
8.Transfer Of Rights Of Recovery Against
Others To Us
a.Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment,including
Supplementary Payments,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.This condition does not
apply to Medical Expenses Coverage.
b.Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments,we
have made under this Coverage Part,we
also waive that right,provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
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F.OPTIONAL ADDITIONAL INSURED
COVERAGES
If listed or shown as applicable in the Declarations,
one or more of the following Optional Additional
Insured Coverages also apply.When any of these
Optional Additional Insured Coverages apply,
Paragraph 6.(Additional Insureds When Required
by Written Contract,Written Agreement or Permit)
of Section C.,Who Is An Insured,does not apply
to the person or organization shown in the
Declarations.These coverages are subject to the
terms and conditions applicable to Business
Liability Coverage in this policy,except as
provided below:
1.Additional Insured -Designated Person Or
Organization
WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s)or organization(s)shown in the
Declarations,but only with respect to liability
for "bodily injury","property damage"or
personal and advertising injury"caused,in
whole or in part,by your acts or omissions or
the acts or omissions of those acting on your
behalf:
a.In the performance of your ongoing
operations;or
b.In connection with your premises owned
by or rented to you.
2.Additional Insured -Managers Or Lessors
Of Premises
a.WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s)or organization(s)shown in the
Declarations as an Additional Insured -
Designated Person Or Organization;but only
with respect to liability arising out of the
ownership,maintenance or use of that part of
the premises leased to you and shown in the
Declarations.
b.With respect to the insurance afforded to
these additional insureds,the following
additional exclusions apply:
This insurance does not apply to:
1)Any "occurrence"which takes place
after you cease to be a tenant in that
premises;or
2)Structural alterations,new
construction or demolition operations
performed by or on behalf of such
person or organization.
3.Additional Insured -Grantor Of Franchise
WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s)or organization(s)shown in the
Declarations as an Additional Insured -
Grantor Of Franchise,but only with respect to
their liability as grantor of franchise to you.
4.Additional Insured -Lessor Of Leased
Equipment
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the person(s)or organization(s)
shown in the Declarations as an Additional
Insured –Lessor of Leased Equipment,
but only with respect to liability for "bodily
injury","property damage"or "personal
and advertising injury"caused,in whole or
in part,by your maintenance,operation or
use of equipment leased to you by such
person(s)or organization(s).
b.With respect to the insurance afforded to
these additional insureds,this insurance
does not apply to any "occurrence"which
takes place after you cease to lease that
equipment.
5.Additional Insured -Owners Or Other
Interests From Whom Land Has Been
Leased
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the person(s)or organization(s)
shown in the Declarations as an Additional
Insured –Owners Or Other Interests From
Whom Land Has Been Leased,but only
with respect to liability arising out of the
ownership,maintenance or use of that part
of the land leased to you and shown in the
Declarations.
b.With respect to the insurance afforded to
these additional insureds,the following
additional exclusions apply:
This insurance does not apply to:
1)Any "occurrence"that takes place
after you cease to lease that land;or
2)Structural alterations,new
construction or demolition operations
performed by or on behalf of such
person or organization.
6.Additional Insured -State Or Political
Subdivision –Permits
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
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Insured –State Or Political Subdivision -
Permits,but only with respect to
operations performed by you or on your
behalf for which the state or political
subdivision has issued a permit.
b.With respect to the insurance afforded to
these additional insureds,the following
additional exclusions apply:
This insurance does not apply to:
1)"Bodily injury","property damage"or
personal and advertising injury"
arising out of operations performed for
the state or municipality;or
2)"Bodily injury"or "property damage"
included in the "product-completed
operations"hazard.
7.Additional Insured –Vendors
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the person(s)or organization(s)
referred to below as vendor)shown in the
Declarations as an Additional Insured -
Vendor,but only with respect to "bodily
injury"or "property damage"arising out of
your products"which are distributed or
sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury"or
property damage"included within the
products-completed operations hazard".
b.The insurance afforded to the vendor is
subject to the following additional exclusions:
1)This insurance does not apply to:
a)"Bodily injury"or "property
damage"for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
b)Any express warranty
unauthorized by you;
c)Any physical or chemical change
in the product made intentionally
by the vendor;
d)Repackaging,unless unpacked
solely for the purpose of inspection,
demonstration,testing,or the
substitution of parts under
instructions from the manufacturer,
and then repackaged in the original
container;
e)Any failure to make such
inspections,adjustments,tests or
servicing as the vendor has agreed
to make or normally undertakes to
make in the usual course of
business,in connection with the
distribution or sale of the products;
f)Demonstration,installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
g)Products which,after distribution
or sale by you,have been labeled
or relabeled or used as a
container,part or ingredient of any
other thing or substance by or for
the vendor;or
h)"Bodily injury"or "property
damage"arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf.However,this
exclusion does not apply to:
i)The exceptions contained in
Subparagraphs (d)or (f);or
ii)Such inspections,
adjustments,tests or servicing
as the vendor has agreed to
make or normally undertakes
to make in the usual course of
business,in connection with
the distribution or sale of the
products.
2)This insurance does not apply to any
insured person or organization from
whom you have acquired such
products,or any ingredient,part or
container,entering into,
accompanying or containing such
products.
8.Additional Insured –Controlling Interest
WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s)or organization(s)shown in the
Declarations as an Additional Insured –
Controlling Interest,but only with respect to
their liability arising out of:
a.Their financial control of you;or
b.Premises they own,maintain or control
while you lease or occupy these premises.
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This insurance does not apply to structural
alterations,new construction and demolition
operations performed by or for that person or
organization.
9.Additional Insured –Owners,Lessees Or
Contractors –Scheduled Person Or
Organization
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the person(s)or organization(s)
shown in the Declarations as an Additional
Insured –Owner,Lessees Or Contractors,
but only with respect to liability for "bodily
injury","property damage"or "personal
and advertising injury"caused,in whole or
in part,by your acts or omissions or the
acts or omissions of those acting on your
behalf:
1)In the performance of your ongoing
operations for the additional
insured(s);or
2)In connection with "your work"
performed for that additional insured
and included within the "products-
completed operations hazard",but
only if this Coverage Part provides
coverage for "bodily injury"or
property damage"included within the
products-completed operations
hazard".
b.With respect to the insurance afforded to
these additional insureds,this insurance
does not apply to "bodily injury","property
damage"or "personal an advertising
injury"arising out of the rendering of,or
the failure to render,any professional
architectural,engineering or surveying
services,including:
1)The preparing,approving,or failure to
prepare or approve,maps,shop
drawings,opinions,reports,surveys,
field orders,change orders,designs or
drawings and specifications;or
2)Supervisory,inspection,architectural
or engineering activities.
10.Additional Insured –Co-Owner Of Insured
Premises
WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s)or Organization(s)shown in the
Declarations as an Additional Insured –Co-
Owner Of Insured Premises,but only with
respect to their liability as co-owner of the
premises shown in the Declarations.
The limits of insurance that apply to additional
insureds are described in Section D.–Limits Of
Insurance.
How this insurance applies when other insurance
is available to an additional insured is described in
the Other Insurance Condition in Section E.–
Liability And Medical Expenses General
Conditions.
G.LIABILITY AND MEDICAL EXPENSES
DEFINITIONS
1."Advertisement"means the widespread public
dissemination of information or images that
has the purpose of inducing the sale of goods,
products or services through:
a.( 1)Radio;
2)Television;
3)Billboard;
4)Magazine;
5)Newspaper;
b.The Internet,but only that part of a web
site that is about goods,products or
services for the purposes of inducing the
sale of goods,products or services;or
c.Any other publication that is given
widespread public distribution.
However,"advertisement"does not include:
a.The design,printed material,information
or images contained in,on or upon the
packaging or labeling of any goods or
products;or
b.An interactive conversation between or
among persons through a computer network.
2."Advertising idea"means any idea for an
advertisement".
3."Asbestos hazard"means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.
4."Auto"means a land motor vehicle,trailer or
semi-trailer designed for travel on public
roads,including any attached machinery or
equipment.But "auto"does not include
mobile equipment".
5."Bodily injury"means physical:
a.Injury;
b.Sickness;or
c.Disease
sustained by a person and,if arising out of the
above,mental anguish or death at any time.
6."Coverage territory"means:
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a.The United States of America (including its
territories and possessions),Puerto Rico
and Canada;
b.International waters or airspace,but only if
the injury or damage occurs in the course
of travel or transportation between any
places included in a.above;
c.All other parts of the world if the injury or
damage arises out of:
1)Goods or products made or sold by you
in the territory described in a.above;
2)The activities of a person whose home
is in the territory described in a.
above,but is away for a short time on
your business;or
3)"Personal and advertising injury"
offenses that take place through the
Internet or similar electronic means of
communication
provided the insured's responsibility to pay
damages is determined in the United States of
America (including its territories and
possessions),Puerto Rico or Canada,in a
suit"on the merits according to the
substantive law in such territory,or in a
settlement we agree to.
7."Electronic data"means information,facts or
programs:
a.Stored as or on;
b.Created or used on;or
c.Transmitted to or from
computer software,including systems and
applications software,hard or floppy disks,
CD-ROMS,tapes,drives,cells,data
processing devices or any other media which
are used with electronically controlled
equipment.
8."Employee"includes a "leased worker".
Employee"does not include a "temporary
worker".
9."Executive officer"means a person holding
any of the officer positions created by your
charter,constitution,by-laws or any other
similar governing document.
10."Hostile fire"means one which becomes
uncontrollable or breaks out from where it was
intended to be.
11."Impaired property"means tangible property,
other than "your product"or "your work",that
cannot be used or is less useful because:
a.It incorporates "your product"or "your work"
that is known or thought to be defective,
deficient,inadequate or dangerous;or
b.You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by:
a.The repair,replacement,adjustment or
removal of "your product"or "your work";
or
b.Your fulfilling the terms of the contract or
agreement.
12."Insured contract"means:
a.A contract for a lease of premises.
However,that portion of the contract for a
lease of premises that indemnifies any
person or organization for damage by fire,
lightning or explosion to p remises while
rented to you or temporarily occupied by
you with permission of the owner is
subject to the Damage To Premises
Rented To You limit described in Section
D.–Liability and Medical Expenses Limits
of Insurance.
b.A sidetrack agreement;
c.Any easement or license agreement,
including an easement or license
agreement in connection with construction
or demolition operations on or within 50
feet of a railroad;
d.Any obligation,as required by ordinance,
to indemnify a municipality,except in
connection with work for a municipality;
e.An elevator maintenance agreement;or
f.That part of any other contract or
agreement pertaining to your business
including an indemnification of a
municipality in connection with work
performed for a municipality)under which
you assume the tort liability of another
party to pay for "bodily injury"or "property
damage"to a third person or organization,
provided the "bodily injury"or "property
damage"is caused,in whole or in part,by
you or by those acting on your behalf.
Tort liability means a liability that would be
imposed by law in the absence of any
contract or agreement.
Paragraph f.includes that part of any
contract or agreement that indemnifies a
railroad for "bodily injury"or "property
damage"arising out of construction or
demolition operations within 50 feet of any
railroad property and affecting any railroad
bridge or trestle,tracks,road-beds,tunnel,
underpass or crossing.
However,Paragraph f.does not include
that part of any contract or agreement:
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1)That indemnifies an architect,
engineer or surveyor for injury or
damage arising out of:
a)Preparing,approving or failing to
prepare or approve maps,shop
drawings,opinions,reports,
surveys,field orders,change
orders,designs or drawings and
specifications;or
b)Giving directions or instructions,
or failing to give them,if that is the
primary cause of the injury or
damage;or
2)Under which the insured,if an
architect,engineer or surveyor,
assumes liability for an injury or
damage arising out of the insured's
rendering or failure to render
professional services,including those
lis ted in (1)above and supervisory,
inspection,architectural or
engineering activities.
13."Leased worker"means a person leased to
you by a labor leasing firm under an
agreement between you and the labor leasing
firm,to perform duties related to the conduct of
your business."Leased worker"does not
include a "temporary worker".
14."Loading or unloading"means the handling of
property:
a.After it is moved from the place where it is
accepted for movement into or onto an
aircraft,watercraft or "auto";
b.While it is in or on an aircraft,watercraft or
auto";or
c.While it is being moved from an aircraft,
watercraft or "auto"to the place where it is
finally delivered;
but "loading or unloading"does not include the
movement of property by means of a mechanical
device,other than a hand truck,that is not
attached to the aircraft,watercraft or "auto".
15."Mobile equipment"means any of the following
types of land vehicles,including any attached
machinery or equipment:
a.Bulldozers,farm machinery,forklifts and
other vehicles designed for use principally
off public roads;
b.Vehicles maintained for use solely on or
next to premises you own or rent;
c.Vehicles that travel on crawler treads;
d.Vehicles,whether self-propelled or not,on
which are permanently mounted:
1)Power cranes,shovels,loaders,
diggers or drills;or
2)Road construction or resurfacing
equipment such as graders,scrapers
or rollers;
e.Vehicles not described in a.,b.,c.,or d.
above that are not self-propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the
following types:
1)Air compressors,pumps and
generators,including spraying,
welding,building cleaning,
geophysical exploration,lighting and
well servicing equipment;or
2)Cherry pickers and similar devices
used to raise or lower workers;
f.Vehicles not described in a.,b.,c.,or d.
above maintained primarily for purposes
other than the transportation of persons or
cargo.
However,self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment"but
will be considered "autos":
1)Equipment,of at least 1,000 pounds
gross vehicle weight,designed
primarily for:
a)Snow removal;
b)Road maintenance,but not
construction or resurfacing;or
c)Street cleaning;
2)Cherry pickers and similar devices
mounted on automobile or truck
chassis and used to raise or lower
workers;and
3)Air compressors,pumps and
generators,including spraying,
welding,building cleaning,
geophysical exploration,lighting and
well servicing equipment.
16."Occurrence"means an accident,including
continuous or repeated exposure to substantially
the same general harmful conditions.
17."Personal and advertising injury"means injury,
including consequential "bodily injury",arising
out of one or more of the following offenses:
a.False arrest,detention or imprisonment;
b.Malicious prosecution;
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c.The wrongful eviction from,wrongful entry
into,or invasion of the right of private
occupancy of a room,dwelling or
premises that the person occupies,
committed by or on behalf of its owner,
landlord or lessor;
d.Oral,written or electronic publication of
material that slanders or libels a person or
organization or disparages a person's or
organization's goods,products or services;
e.Oral,written or electronic publication of
material that violates a person's right of
privacy;
f.Copying,in your "advertisement",a
person’s or organization’s "advertising
idea"or style of "advertisement";
g.Infringement of copyright,slogan,or title of
any literary or artistic work,in your
advertisement";or
h.Discrimination or humiliation that results in
injury to the feelings or reputation of a
natural person.
18."Pollutants"means any solid,liquid,gaseous or
thermal irritant or contaminant,including smoke,
vapor,soot,fumes,acids,alkalis,chemicals and
waste.Waste includes materials to be recycled,
reconditioned or reclaimed.
19."Products-completed operations hazard";
a.Includes all "bodily injury"and "property
damage"occurring away from premises
you own or rent and arising out of "your
product"or "your work"except:
1)Products that are still in your physical
possession;or
2)Work that has not yet been completed
or abandoned.However,"your work"
will be deemed to be completed at the
earliest of the following times:
a)When all of the work called for in
your contract has been completed.
b)When all of the work to be done at
the job site has been completed if
your contract calls for work at
more than one job site.
c)When that part of the work done at
a job site has been put to its
intended use by any person or
organization other than another
contractor or subcontractor
working on the same project.
Work that may need service,maintenance,
correction,repair or replacement,but
which is otherwise complete,will be
treated as completed.
The "bodily injury"or "property damage"
must occur away from premises you own
or rent,unless your business includes the
selling,handling or distribution of "your
product"for consumption on premises you
own or rent.
b.Does not include "bodily injury"or
property damage"arising out of:
1)The transportation of property,unless
the injury or damage arises out of a
condition in or on a vehicle not owned
or operated by you,and that condition
was created by the "loading or
unloading"of that vehicle by any
insured;or
2)The existence of tools,uninstalled
equipment or abandoned or unused
materials.
20."Property damage"means:
a.Physical injury to tangible property,
including all resulting loss of use of that
property.All such loss of use shall be
deemed to occur at the time of the
physical injury that caused it;or
b.Loss of use of tangible property that is not
physically injured.All such loss of use
shall be deemed to occur at the time of
occurrence"that caused it.
As used in this definition,"electronic data"is
not tangible property.
21."Suit"means a civil proceeding in which
damages because of "bodily injury","property
damage"or "personal and advertising injury"
to which this insurance applies are alleged.
Suit"includes:
a.An arbitration proceeding in which such
damages are claimed and to which the
insured must submit or does submit with
our consent;or
b.Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits
with our consent.
22."Temporary worker"means a person who is
furnished to you to substitute for a permanent
employee"on leave or to meet seasonal or
short-term workload conditions.
23."Volunteer worker"means a person who:
a.Is not your "employee";
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b.Donates his or her work;
c.Acts at the direction of and within the
scope of duties determined by you;and
d.Is not paid a fee,salary or other
compensation by you or anyone else for
their work performed for you.
24."Your product":
a.Means:
1)Any goods or products,other than real
property,manufactured,sold,handled,
distributed or disposed of by:
a)You;
b)Others trading under your name;
or
c)A person or organization whose
business or assets you have
acquired;and
2)Containers (other than vehicles),
materials,parts or equipment
furnished in connection with such
goods or products.
b.Includes:
1)Warranties or representations made at
any time with respect to the fitness,
quality,durability,performance or use
of "your product";and
2)The providing of or failure to provide
warnings or instructions.
c.Does not include vending machines or
other property rented to or located for the
use of others but not sold.
25."Your work":
a.Means:
1)Work or operations performed by you
or on your behalf;and
2)Materials,parts or equipment
furnished in connection with such work
or operations.
b.Includes:
1)Warranties or representations made at
any time with respect to the fitness,
quality,durability,performance or use
of "your work";and
2)The providing of or failure to provide
warnings or instructions.
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Third Amendment to SimpliGov Agreement
Final Audit Report 2024-02-16
Created:2024-02-16
By:Marilyn Pavlov (marilynp@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAA5u1c6Dcpg6-bDoL_zGZ8w1htbNwFLbrX
Third Amendment to SimpliGov Agreement" History
Document created by Marilyn Pavlov (marilynp@cupertino.org)
2024-02-16 - 0:37:24 AM GMT- IP address: 69.209.31.163
Document approved by Marilyn Pavlov (marilynp@cupertino.org)
Approval Date: 2024-02-16 - 0:46:31 AM GMT - Time Source: server- IP address: 69.209.31.163
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2024-02-16 - 0:46:33 AM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2024-02-16 - 1:05:53 AM GMT - Time Source: server- IP address: 71.204.144.228
Document emailed to Teri Gerhardt (terig@cupertino.org) for approval
2024-02-16 - 1:05:55 AM GMT
Email viewed by Teri Gerhardt (terig@cupertino.org)
2024-02-16 - 1:09:47 AM GMT- IP address: 104.47.74.126
Document approved by Teri Gerhardt (terig@cupertino.org)
Approval Date: 2024-02-16 - 1:09:55 AM GMT - Time Source: server- IP address: 73.63.237.144
Document emailed to mconcannon@simpligov.com for signature
2024-02-16 - 1:09:57 AM GMT
Email viewed by mconcannon@simpligov.com
2024-02-16 - 6:28:07 PM GMT- IP address: 104.47.73.254
Signer mconcannon@simpligov.com entered name at signing as Michael Concannon
2024-02-16 - 6:28:43 PM GMT- IP address: 73.70.75.170
Document e-signed by Michael Concannon (mconcannon@simpligov.com)
Signature Date: 2024-02-16 - 6:28:45 PM GMT - Time Source: server- IP address: 73.70.75.170
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Document emailed to christopherj@cupertino.org for signature
2024-02-16 - 6:28:47 PM GMT
Email viewed by christopherj@cupertino.org
2024-02-16 - 6:29:22 PM GMT- IP address: 104.47.74.126
Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2024-02-16 - 6:29:41 PM GMT- IP address: 136.24.22.194
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2024-02-16 - 6:29:43 PM GMT - Time Source: server- IP address: 136.24.22.194
Document emailed to Bill Mitchell (billm@cupertino.org) for signature
2024-02-16 - 6:29:45 PM GMT
Email viewed by Bill Mitchell (billm@cupertino.org)
2024-02-16 - 7:20:21 PM GMT- IP address: 104.47.74.126
Document e-signed by Bill Mitchell (billm@cupertino.org)
Signature Date: 2024-02-16 - 7:20:39 PM GMT - Time Source: server- IP address: 73.63.177.127
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2024-02-16 - 7:20:41 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2024-02-16 - 7:36:41 PM GMT- IP address: 146.75.154.1
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2024-02-16 - 8:01:29 PM GMT - Time Source: server- IP address: 162.245.20.145
Agreement completed.
2024-02-16 - 8:01:29 PM GMT
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1
SECOND AMENDMENT TO AGREEMENT 22-042
BETWEEN THE CITY OF CUPERTINO AND
SIMPLIGOV, LLC., FOR WORKFLOW AUTOMATION
SERVICES
This Second Amendment to Agreement 22-042 between the City of Cupertino and
SIMPLIGOV, LLC., is by and between the CITY OF CUPERTINO, a municipal corporation
hereinafter "City") and SIMPLIGOV, LLC., a Limited Liability Company (“Contractor”) whose
address is 1724 10th Street, Suite 115, Sacramento, CA 95811, and is made with reference to the
following:
RECITALS:
A. On 3/30/22 Agreement 22-042 (“Agreement”) was entered into by and between City
and Contractor for Workflow Automation Services.
B. On 3/16/23 First Amendment to Agreement 22-042 (“Agreement”) was entered into
by and between City and Contractor for Workflow Automation Services.
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 and undersigned parties as
follows:
SCOPE OF SERVICES AND CONDITIONS THEREOF
1. Subject to the terms and conditions set forth in this Agreement, Software Provider
shall perform each and every service to the schedule of performance set forth in
the SLA2 (collectively “Services”), as described below.
COMPENSATION TO SOFTWARE PROVIDER
2. Software Provider shall be compensated for services performed pursuant to this Agreement in a
total amount not to exceed one hundred thirty two thousand ($132,000.00) dollars. The
payments specified in this section shall be the only payments to be made to Software Provider
for services rendered pursuant to this Agreement. Software Provider shall invoice City
according to the following schedule of milestones/deliverables:
Milestone/Deliverables Total Amount
Upon Contract Execution $30,000
Upon First Amendment $12,000
Upon FY23 Third Quarter $30,000
Upon Second Amendment $30,000
Upon FY24 Third Quarter $30,000
Total $132,000
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2
City shall pay Contractor within thirty (30) days after receipt of Service Provider’s invoice. City
shall return to Contractor any payment request determined not to be a proper payment request as
soon as practicable, but not later than seven (7) days after receipt, and shall explain in writing
the reasons why the payment request is not proper.
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
SIMPLIGOV LLC
By
Title
Date
EXPENDITURE DISTRIBUTION
Item Amount
Base Agreement $90,000
First Amendment $12,000
Second Amendment $30,000
Total $132,000
Jul 19, 2023
COO/CFO
Christopher D. Jensen
CTO
Jul 20, 2023
Jul 20, 2023
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Contact Name
Contact Title
Company
Address Address
Phone
Email
Unit Price Term (Yrs)Quantity Extended Price
1 20,000.00$ 1.00 1 20,000$
2 200.00$ - 110 22,000$
20,000$
22,000$
42,000$
1 20,000.00$ 1.00 1 20,000$
2 200.00$ - 50 10,000$
2 200.00$ - 150 30,000$
20,000$
40,000$
60,000$
1 20,000.00$ 1.00 1 20,000$
2 200.00$ - 50 10,000$
20,000$
10,000$
30,000$
Additional storage is available if needed at $3k/TB
Total Implementation Price
Total Year 3 Price
SAPGOVPL
Year 3: SimpliGov Automation Platform Base Subscription includes unlimited workflows
and analytics bundle 12 month subscription. Includes 20,000 transactions and .25 TBs
of storage.* Hosted in the Azure Government Cloud and includes 4 environments
staging, preproduction, training and production).
SAPPROSVC
SimpliGov Platform Success (Per hour) - Provides SimpliGov Automation Platform
implementation, training, supervision, program implementation, project development &
management, design, configuration, product development support across multi-functional
project implementation teams. Work to be directed and approved by customer.
Total Year 3 Subscription Price
SAPPROSVC
Amendment 2 update: SimpliGov Platform Success (Per hour) - Provides SimpliGov
Automation Platform implementation, training, supervision, program implementation,
project development & management, design, configuration, product development support
across multi-functional project implementation teams. Work to be directed and approved
by customer.
Total Year 2 Subscription Price
Total Implementation Price
Total Year 2 Price
Phone 408.777.3311 916.712.0793
Email terig@cupertino.org tbare@simpligov.com
Description
Year 1: SimpliGov Automation Platform Base Subscription includes unlimited workflows
and analytics bundle 12 month subscription. Includes 20,000 transactions and .25 TBs
of storage.* Hosted in the Azure Government Cloud and includes 4 environments
staging, preproduction, training and production).
SimpliGov Platform Success (Per hour) - Provides SimpliGov Automation Platform
implementation, training, supervision, program implementation, project development &
management, design, configuration, product development support across multi-functional
project implementation teams. Work to be directed and approved by customer.
Total Year 1 Price
Total Implementation Price
Total Year 1 Subscription Price
Statement of Work
Customer Details SimpliGov Sales Representative Details
Contact Name Teri Gerhardt Troy Bare
SAPPROSVC
SimpliGov Platform Success (Per hour) - Provides SimpliGov Automation Platform
implementation, training, supervision, program implementation, project development &
management, design, configuration, product development support across multi-functional
project implementation teams. Work to be directed and approved by customer.
1724 10th Street, Suite 115, Sacramento, CA 95811
Contact Title Manager-Innovation Technology Regional Sales Director
Organization City of Cupertino SimpliGov, LLC
SKU
SAPGOVPL
SAPPROSVC
SAPGOVPL
Year 2: SimpliGov Automation Platform Base Subscription includes unlimited workflows
and analytics bundle 12 month subscription. Includes 20,000 transactions and .25 TBs
of storage.* Hosted in the Azure Government Cloud and includes 4 environments
staging, preproduction, training and production).
SLA2
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Technical Support Service Guidelines
Priority Response
Time
Target
Resolution
Time
Priority 1/ -
ASAP
4 business
hours
1 business
day
Priority 1 1 business
day
10 business
days
Priority 2 2 business
days
15 business
days
Priority 3 5 business
days One month
Service Level Agreement
A.The Services will be accessible 98% of the time, 7 days per week, and 24 hours per day (“Uptime Commitment”), as calculated over a calendar month. Uptime Commitment shall not apply to, and SimpliGov will
not be responsible for, any downtime which: 1) lasts less than 15 minutes; 2) results from Scheduled Downtime; 3) results from the failure of communication or telephone access service or other outside service or
equipment or software not the fault of SimpliGov, including without limitation general network outages; 4) is caused by a third party not under SimpliGov’s control; 5) is a result of causes beyond the reasonable control
of SimpliGov; or 6) results from failures of the system or the Client API Kit.
B.If SimpliGov fails to meet its Uptime Commitment in any given month, Client’s sole remedy and SimpliGov’s entire liability will be for SimpliGov to credit Client’s account with “Service Level Credits”, to be applied
against Client’s next billing period as follows:
C. To receive a Service Level Credit, Client must submit a written request for a Service Level Credit to Client’s designated account manager or the SimpliGov support team. To be eligible, the request must (i) include
the dates and times of each incident of downtime experienced by Client in the preceding month; and (ii) be received by SimpliGov within ten business days after the end of the billing cycle in which the downtime
occurred.
D. Upon receipt of a Service Level Credit request in compliance with the above requirements, SimpliGov shall have 30 days to review the request and to validate the information provided. If SimpliGov determines in
good faith that the Services failed to meet the Uptime Commitment as alleged in such a request, then SimpliGov will apply such Service Level Credits to Client’s immediately succeeding billing period. Client’s failure to
comply with the provisions of Section 2.C. above will disqualify it from receiving a Service Level Credit.
1. Scheduled Downtime. When needed, SimpliGov will schedule downtime for routine maintenance or system upgrades (“Scheduled Downtime”) for the Service. SimpliGov shall exercise commercially
reasonable efforts to schedule Scheduled Downtime outside of peak traffic periods. SimpliGov will use commercially reasonable efforts to notify Client’s designated contact at least one calendar week prior to the
occurrence of Scheduled Downtime.
2. Uptime Commitment.
1 hours to 2 hours
2 hours to 24 hours
Service Level Credits
1 day prorated monthly Subscription Fees
3 days prorated monthly Subscription Fees
No. of Hours Below Uptime Commitment
5. Client Responsibilities. During the Subscription Term, Client shall: (i) provide supervision, control and management of the use of the SimpliGov Automation Platform Services; (ii) document and promptly
report all errors or malfunctions; and (iii) take all steps reasonably necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures have been received
from SimpliGov.
The issue renders the mission critical real-time processing features and functionalities of the SimpliGov Automation Platform
Services completely unavailable, unresponsive, or inoperable, and there is no workaround.
Description
Process cannot complete and there is no workaround, but the condition does not interrupt all functions of the SimpliGov
Automation Platform Services.
Process cannot complete, but there is a workaround that allows Client to use the SimpliGov Automation Platform Services.
This priority addresses “cosmetic” type calls with no financial or processing impact.
1. Liaison. Client will appoint a technical liaison to communicate with SimpliGov with respect to the resolution of technical problems (the “Liaison”), who shall complete reasonable training with SimpliGov to
enable the Liaison to train users and correct problems caused by user error, assist users with the resolution of known issues, and obtain sufficient information from user’s to adequately report problems to SimpliGov.
Client may change such liaison from time to time at reasonable intervals upon written notice to SimpliGov and completion of applicable training by the successor Liaison. SimpliGov will not be obligated to respond or
provide technical support to any person other than the designated liaison.
2. Technical Support Hours and Methods. SimpliGov shall use commercially reasonable efforts to provide email and phone technical support to Client’s Liaison during regular business hours, M-F 9 a.m. to 5
p.m. Pacific Time. Problems may be reported any time, however, SimpliGov will not be obligated to assign work after business hours (9 a.m. to 5 p.m. Pacific Time) to problems that are not classified as Priority 1/ASAP.
3. Holidays. SimpliGov observes the following holidays: New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve Day, and
Christmas Day.
4. Priority. Upon receiving a call or request, SimpliGov will classify and prioritize the problem according to the following criteria (it being understood that in the event that SimpliGov completes a workaround that
relegates the applicable problem to a lower priority level, the service levels applicable to that lower priority level will apply going forward):
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Contract No. ________
Page 1 of 3
Exhibit B: Insurance Requirements and Proof of Insurance
Proof of insurance coverage described below is attached to this Exhibit, with City named as
additional insured.
1.MINIMUM SCOPE AND LIMITS OF REQUIRED INSURANCE POLICIES
Additional Insureds:
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
Commercial General Liability and Cyber 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
Software Provider’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.
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.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of
City for all work performed by Software Provider, its employees, agents, and subconsultants.
General Liability:
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 Software Provider’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 01 (04/13).
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Contract No. ________
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 Agreement. 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.
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.
Cyber Liability:
Insurance, with limits not less than:
2,000,000 each occurrence
2,000,000 aggregate - all other
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by
Software Provider in this Agreement and shall include, but not be limited to, claims involving
infringement of intellectual property, including but not limited to infringement of copyright,
trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction
of electronic information, release of private information, alteration of electronic information,
extortion, and network security. The policy shall provide coverage for breach response costs as
well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient
to respond to these obligations.
If the Software Provider maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or higher limits
maintained by the Software Provider . Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
2. ABSENCE OF INSURANCE COVERAGE.
City may direct Software Provider to immediately cease all activities with respect to this
Agreement if it determines that Software Provider fails to carry, in full force and effect, all
insurance policies with coverages at or above the limits specified in this Agreement. At the
City’s discretion, under conditions of lapse, Cit y may purchase appropriate insurance and charge
all costs related to such policy to Software Provider.
3. PROOF OF INSURANCE COVERAGE AND COVERAGE VERIFICATION.
A Certificate of Insurance, on an Accord form, and completed coverage verification shall be
provided to City by each of Software Provider's insurance companies as evidence of the
stipulated coverages prior to the Commencement Date of this Agreement, and annually
thereafter for the term of this Agreement. All of the insurance companies providing insurance
for Software Provider shall be licensed to do insurance business in the State of California and shall
have, and provide evidence of, a Best Rating Service rate of A:VII or above.
Page 2 of 3
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Contract No. ________
Page 3 of 3
4. SUBCONTRACTORS
Software Provider 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.
5.HIGHER INSURANCE LIMITS
If Software Provider 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 Software
Provider .
6.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.
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THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.
Process Date:04/01/23 Policy Expiration Date:05/11/24
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number:57 WEC AB5D4X Endorsement Number:
Effective Date:05/11/23 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address:Simpligov, LLC
1724 10TH ST UNIT 115
SACRAMENTO CA 95811
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.(This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be 2 %of the California workers'compensation premium otherwise due
on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from
us
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07/14/2023
Newfront
777 Mariners Island Blvd.
Suite 250
San Mateo CA 94404
Amy Nguyen
650) 412-7526 (650) 488-8566
Amy.Nguyen@newfront.com
Simpligov, LLC
1724 10th St Unit 115
Sacramento CA 95811
Sentinel Insurance Company Ltd 11000
Progressive Companies
Rated by Multiple Companies 00914
Lloyd’s of London
CL2371455891
A Y Y 57SBABO4218 06/25/2023 06/25/2024
2,000,000
1,000,000
10,000
2,000,000
4,000,000
4,000,000
B 01856800-6 02/26/2023 08/26/2023
1,000,000
combined single limit
A
10,000
57SBABO4218 06/25/2023 06/25/2024
3,000,000
3,000,000
C Y 57WECAB5D4X 05/11/2023 05/11/2024
1,000,000
1,000,000
1,000,000
D
E&O with Cyber Liability
W23C0F230601 07/06/2023 07/06/2024
Each Claim $5,000,000
Aggregate $5,000,000
Retention $15,000
City of Cupertino, its City Council, officers, officials, employees , agents, servants and volunteers are Additional Insured per the attached policy form when
engaged in written contract with the insured. Waiver of Subrogation and primary language applies.
City of Cupertino
10300 Toree Avenue
Cupertino CA 95014
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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).
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.
OTHER:
Per accident)
Ea accident)
N / A
SUBR
WVD
ADDL
INSD
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.
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOSONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
MM/DD/YYYY)
POLICY EFF
POLICYNUMBERTYPEOFINSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
AGGREGATE
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG
GENERAL AGGREGATE
PERSONAL & ADV INJURY
MED EXP (Any one person)
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
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Form SS 00 08 04 05
2005,The Hartford
BUSINESS LIABILITY COVERAGE FORM
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Form SS 00 08 04 05
QUICK REFERENCE
BUSINESS LIABILITY COVERAGE FORM
READ YOUR POLICY CAREFULLY
BUSINESS LIABILITY COVERAGE FORM Beginning on Page
A.COVERAGES 1
Business Liability 1
Medical Expenses 2
Coverage Extension -Supplementary Payments 2
B.EXCLUSIONS 3
C.WHO IS AN INSURED 10
D.LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE 14
E.LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15
1.Bankruptcy 15
2.Duties In The Event Of Occurrence,Offense,Claim Or Suit 15
3.Financial Responsibility Laws 16
4.Legal Action Against Us 16
5.Separation Of Insureds 16
6.Representations 16
7.Other Insurance 16
8.Transfer Of Rights Of Recovery Against Others To Us 17
F.OPTIONAL ADDITIONAL INSURED COVERAGES 18
Additional Insureds 18
G.LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20
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2)Receives a written or verbal demand or
claim for damages because of the "bodily
injury"or "property damage";or
3)Becomes aware by any other means that
bodily injury"or "property damage"has
occurred or has begun to occur.
d.Damages because of "bodily injury"include
damages claimed by any person or
organization for care,loss of services or
death resulting at any time from the "bodily
injury".
e.Incidental Medical Malpractice
1)"Bodily injury"arising out of the
rendering of or failure to render
professional health care services as a
physician,dentist,nurse,emergency
medical technician or paramedic shall
be deemed to be caused by an
occurrence",but only if:
a)The physician,dentist,nurse,
emergency medical technician or
paramedic is employed by you to
provide such services;and
b)You are not engaged in the
business or occupation of providing
such services.
2)For the purpose of determining the
limits of insurance for incidental medical
malpractice,any act or omission
together with all related acts or
omissions in the furnishing of these
services to any one person will be
considered one "occurrence".
2.MEDICAL EXPENSES
Insuring Agreement
a.We will pay medical expenses as described
below for "bodily injury"caused by an
accident:
1)On premises you own or rent;
2)On ways next to premises you own or
rent;or
3)Because of your operations;
provided that:
1)The accident takes place in the
coverage territory"and during the
policy period;
2)The expenses are incurred and reported
to us within three years of the date of
the accident;and
3)The injured person submits to
examination,at our expense,by
physicians of our choice as often as we
reasonably require.
b.We will make these payments regardless of
fault.These payments will not exceed the
applicable limit of insurance.We will pay
reasonable expenses for:
1)First aid administered at the time of an
accident;
2)Necessary medical,surgical,x-ray and
dental services,including prosthetic
devices;and
3)Necessary ambulance,hospital,
professional nursing and funeral
services.
3.COVERAGE EXTENSION -
SUPPLEMENTARY PAYMENTS
a.We will pay,with respect to any claim or
suit"we investigate or settle,or any "suit"
against an insured we defend:
1)All expenses we incur.
2)Up to $1,000 for the cost of bail bonds
required because of accidents or traffic
law violations arising out of the use of
any vehicle to which Business Liability
Coverage for "bodily injury"applies.We
do not have to furnish these bonds.
3)The cost of appeal bonds or bonds to
release attachments,but only for bond
amounts within the applicable limit of
insurance.We do not have to furnish
these bonds.
4)All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or
suit",including actual loss of earnings
up to $500 a day because of time off
from work.
5)All costs taxed against the insured in
the "suit".
6)Prejudgment interest awarded against
the insured on that part of the judgment
we pay.If we make an offer to pay the
applicable limit of insurance,we will not
pay any prejudgment interest based on
that period of time after the offer.
7)All interest on the full amount of any
judgment that accrues after entry of the
judgment and before we have paid,
offered to pay,or deposited in court the
part of the judgment that is within the
applicable limit of insurance.
Any amounts paid under (1)through (7)
above will not reduce the limits of insurance.
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b.If we defend an insured against a "suit"
and an indemnitee of the insured is also
named as a party to the "suit",we will
defend that indemnitee if all of the
following conditions are met:
1)The "suit"against the indemnitee
seeks damages for which the insured
has assumed the liability of the
indemnitee in a contract or agreement
that is an "insured contract";
2)This insurance applies to such liability
assumed by the insured;
3)The obligation to defend,or the cost of
the defense of,that indemnitee,has
also been assumed by the insured in
the same "insured contract";
4)The allegations in the "suit"and the
information we know about the
occurrence"are such that no conflict
appears to exist between the interests
of the insured and the interest of the
indemnitee;
5)The indemnitee and the insured ask
us to conduct and control the defense
of that indemnitee against such "suit"
and agree that we can assign the
same counsel to defend the insured
and the indemnitee;and
6)The indemnitee:
a)Agrees in writing to:
i)Cooperate with us in the
investigation,settlement or
defense of the "suit";
ii)Immediately send us copies of
any demands,notices,
summonses or legal papers
received in connection with
the "suit";
iii)Notify any other insurer whose
coverage is available to the
indemnitee;and
iv)Cooperate with us with
respect to coordinating other
applicable insurance available
to the indemnitee;and
b)Provides us with written
authorization to:
i)Obtain records and other
information related to the
suit";and
ii)Conduct and control the
defense of the indemnitee in
such "suit".
So long as the above conditions are met,
attorneys'fees incurred by us in the
defense of that indemnitee,necessary
litigation expenses incurred by us and
necessary litigation expenses incurred
by the indemnitee at our request will be
paid as Supplementary Payments.
Notwithstanding the provisions of
Paragraph 1.b.(b)of Section B.–
Exclusions,such payments will not be
deemed to be damages for "bodily
injury"and "property damage"and will
not reduce the Limits of Insurance.
Our obligation to defend an insured's
indemnitee and to pay for attorneys'fees
and necessary litigation expenses as
Supplementary Payments ends when:
1)We have used up the applicable limit
of insurance in the payment of
judgments or settlements;or
2)The conditions set forth above,or the
terms of the agreement described in
Paragraph (6)above,are no longer met.
B.EXCLUSIONS
1.Applicable To Business Liability Coverage
This insurance does not apply to:
a.Expected Or Intended Injury
1)"Bodily injury"or "property damage"
expected or intended from the
standpoint of the insured.This
exclusion does not apply to "bodily
injury"or "property damage"resulting
from the use of reasonable force to
protect persons or property;or
2)"Personal and advertising injury"arising
out of an offense committed by,at the
direction of or with the consent or
acquiescence of the insured with the
expectation of inflicting "personal and
advertising injury".
b.Contractual Liability
1)"Bodily injury"or "property damage";or
2)"Personal and advertising injury"
for which the insured is obligated to pay
damages by reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to liability
for damages because of:
a)"Bodily injury","property damage"or
personal and advertising injury"that
the insured would have in the
absence of the contract or
agreement;or
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BUSINESS LIABILITY COVERAGE FORM
Page 4 of 24 Form SS 00 08 04 05
b)"Bodily injury"or "property damage"
assumed in a contract or agreement
that is an "insured contract",
provided the "bodily injury"or
property damage"occurs
subsequent to the execution of the
contract or agreement.Solely for
the purpose of liability assumed in
an "insured contract",reasonable
attorneys'fees and necessary
litigation expenses incurred by or for
a party other than an insured are
deemed to be damages because of
bodily injury"or "property damage"
provided:
i)Liability to such party for,or for
the cost of,that party’s defense
has also been assumed in the
same "insured contract",and
ii)Such attorneys'fees and
litigation expenses are for
defense of that party against a
civil or alternative dispute
resolution proceeding in which
damages to which this
insurance applies are alleged.
c.Liquor Liability
Bodily injury"or "property damage"for
which any insured may be held liable by
reason of:
1)Causing or contributing to the
intoxication of any person;
2)The furnishing of alcoholic beverages to
a person under the legal drinking age or
under the influence of alcohol;or
3)Any statute,ordinance or regulation
relating to the sale,gift,distribution or
use of alcoholic beverages.
This exclusion applies only if you are in the
business of manufacturing,distributing,
selling,serving or furnishing alcoholic
beverages.
d.Workers'Compensation And Similar
Laws
Any obligation of the insured under a
workers'compensation,disability benefits
or unemployment compensation law or
any similar law.
e.Employer’s Liability
Bodily injury"to:
1)An "employee"of the insured arising
out of and in the course of:
a)Employment by the insured;or
b)Performing duties related to the
conduct of the insured’s business,or
2)The spouse,child,parent,brother or
sister of that "employee"as a
consequence of (1)above.
This exclusion applies:
1)Whether the insured may be liable as
an employer or in any other capacity;
and
2)To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.
This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
f.Pollution
1)"Bodily injury","property damage"or
personal and advertising injury"
arising out of the actual,alleged or
threatened discharge,dispersal,
seepage,migration,release or escape
of "pollutants":
a)At or from any premises,site or
location which is or was at any
time owned or occupied by,or
rented or loaned to any insured.
However,this subparagraph does
not apply to:
i)"Bodily injury"if sustained within
a building and caused by
smoke,fumes,vapor or soot
produced by or originating from
equipment that is used to heat,
cool or dehumidify the building,
or equipment that is used to
heat water for personal use,by
the building's occupants or their
guests;
ii)"Bodily injury"or "property
damage"for which you may be
held liable,if you are a
contractor and the owner or
lessee of such premises,site or
location has been added to your
policy as an additional insured
with respect to your ongoing
operations performed for that
additional insured at that
premises,site or location and
such premises,site or location
is not and never was owned or
occupied by,or rented or
loaned to,any insured,other
than that additional insured;or
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BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 5 of 24
iii)"Bodily injury"or "property
damage"arising out of heat,
smoke or fumes from a
hostile fire";
b)At or from any premises,site or
location which is or was at any
time used by or for any insured or
others for the handling,storage,
disposal,processing or treatment
of waste;
c)Which are or were at any time
transported,handled,stored,
treated,disposed of,or processed
as waste by or for:
i)Any insured;or
ii)Any person or organization for
whom you may be legally
responsible;
d)At or from any premises,site or
location on which any insured or
any contractors or subcontractors
working directly or indirectly on
any insured's behalf are
performing operations if the
pollutants"are brought on or to
the premises,site or location in
connection with such operations
by such insured,contractor or
subcontractor.However,this
subparagraph does not apply to:
i)"Bodily injury"or "property
damage"arising out of the
escape of fuels,lubricants or
other operating fluids which are
needed to perform the normal
electrical,hydraulic or
mechanical functions
necessary for the operation of
mobile equipment"or its parts,
if such fuels,lubricants or other
operating fluids escape from a
vehicle part designed to hold,
store or receive them.This
exception does not apply if the
bodily injury"or "property
damage"arises out of the
intentional discharge,dispersal
or release of the fuels,
lubricants or other operating
fluids,or if such fuels,
lubricants or other operating
fluids are brought on or to the
premises,site or location with
the intent that they be
discharged,dispersed or
released as part of the
operations being performed
by such insured,contractor or
subcontractor;
ii)"Bodily injury"or "property
damage"sustained within a
building and caused by the
release of gases,fumes or
vapors from materials brought
into that building in connection
with operations being performed
by you or on your behalf by a
contractor or subcontractor;or
iii)"Bodily injury"or "property
damage"arising out of heat,
smoke or fumes from a
hostile fire";or
e)At or from any premises,site or
location on which any insured or any
contractors or subcontractors
working directly or indirectly on any
insured’s behalf are performing
operations if the operations are to
test for,monitor,clean up,remove,
contain,treat,detoxify or neutralize,
or in any way respond to,or assess
the effects of,"pollutants".
2)Any loss,cost or expense arising out
of any:
a)Request,demand,order or statutory
or regulatory requirement that any
insured or others test for,monitor,
clean up,remove,contain,treat,
detoxify or neutralize,or in any way
respond to,or assess the effects of,
pollutants";or
b)Claim or suit by or on behalf of a
governmental authority for
damages because of testing for,
monitoring,cleaning up,removing,
containing,treating,detoxifying or
neutralizing,or in any way
responding to,or assessing the
effects of,"pollutants".
However,this paragraph does not
apply to liability for damages because
of "property damage"that the insured
would have in the absence of such
request,demand,order or statutory or
regulatory requirement,or such claim
or "suit"by or on behalf of a
governmental authority.
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BUSINESS LIABILITY COVERAGE FORM
Page 6 of 24 Form SS 00 08 04 05
g.Aircraft,Auto Or Watercraft
Bodily injury"or "property damage"arising
out of the ownership,maintenance,use or
entrustment to others of any aircraft,"auto"
or watercraft owned or operated by or rented
or loaned to any insured.Use includes
operation and "loading or unloading".
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision,hiring,
employment,training or monitoring of others
by that insured,if the "occurrence"which
caused the "bodily injury"or "property
damage"involved the ownership,
maintenance,use or entrustment to others of
any aircraft,"auto"or watercraft that is
owned or operated by or rented or loaned to
any insured.
This exclusion does not apply to:
1)A watercraft while ashore on premises
you own or rent;
2)A watercraft you do not own that is:
a)Less than 51 feet long;and
b)Not being used to carry persons
for a charge;
3)Parking an "auto"on,or on the ways
next to,premises you own or rent,
provided the "auto"is not owned by or
rented or loaned to you or the insured;
4)Liability assumed under any "insured
contract"for the ownership,
maintenance or use of aircraft or
watercraft;
5)"Bodily injury"or "property damage"
arising out of the operation of any of
the equipment listed in Paragraph f.(2)
or f.(3)of the definition of "mobile
equipment";or
6)An aircraft that is not owned by any
insured and is hired,chartered or loaned
with a paid crew.However,this
exception does not apply if the insured
has any other insurance for such "bodily
injury"or "property damage",whether
the other insurance is primary,excess,
contingent or on any other basis.
h.Mobile Equipment
Bodily injury"or "property damage"
arising out of:
1)The transportation of "mobile equipment"
by an "auto"owned or operated by or
rented or loaned to any insured;or
2)The use of "mobile equipment"in,or
while in practice or preparation for,a
prearranged racing,speed or
demolition contest or in any stunting
activity.
i.War
Bodily injury","property damage"or
personal and advertising injury",however
caused,arising,directly or indirectly,out of:
1)War,including undeclared or civil war;
2)Warlike action by a military force,
including action in hindering or
defending against an actual or
expected attack,by any government,
sovereign or other authority using
military personnel or other agents;or
3)Insurrection,rebellion,revolution,
usurped power,or action taken by
governmental authority in hindering or
defending against any of these.
j.Professional Services
Bodily injury","property damage"or
personal and advertising injury"arising
out of the rendering of or failure to render
any professional service.This includes
but is not limited to:
1)Legal,accounting or advertising
services;
2)Preparing,approving,or failing to
prepare or approve maps,shop
drawings,opinions,reports,surveys,
field orders,change orders,designs or
drawings and specifications;
3)Supervisory,inspection,architectural
or engineering activities;
4)Medical,surgical,dental,x-ray or
nursing services treatment,advice or
instruction;
5)Any health or therapeutic service
treatment,advice or instruction;
6)Any service,treatment,advice or
instruction for the purpose of
appearance or skin enhancement,hair
removal or replacement or personal
grooming;
7)Optical or hearing aid services
including the prescribing,preparation,
fitting,demonstration or distribution of
ophthalmic lenses and similar
products or hearing aid devices;
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8)Optometry or optometric services
including but not limited to examination
of the eyes and the prescribing,
preparation,fitting,demonstration or
distribution of ophthalmic lenses and
similar products;
9)Any:
a)Body piercing (not including ear
piercing);
b)Tattooing,including but not limited
to the insertion of pigments into or
under the skin;and
c)Similar services;
10)Services in the practice of pharmacy;
and
11)Computer consulting,design or
programming services,including web
site design.
Paragraphs (4)and (5)of this exclusion do
not apply to the Incidental Medical
Malpractice coverage afforded under
Paragraph 1.e.in Section A.-Coverages.
k.Damage To Property
Property damage"to:
1)Property you own,rent or occupy,
including any costs or expenses
incurred by you,or any other person,
organization or entity,for repair,
replacement,enhancement,
restoration or maintenance of such
property for any reason,including
prevention of injury to a person or
damage to another's property;
2)Premises you sell,give away or
abandon,if the "property damage"arises
out of any part of those premises;
3)Property loaned to you;
4)Personal property in the care,custody
or control of the insured;
5)That particular part of real property on
which you or any contractors or
subcontractors working directly or
indirectly on your behalf are performing
operations,if the "property damage"
arises out of those operations;or
6)That particular part of any property
that must be restored, repaired or
replaced because "your work"was
incorrectly performed on it.
Paragraphs (1),(3)and (4)of this
exclusion do not apply to "property
damage"(other than damage by fire)to
premises,including the contents of such
premises,rented to you for a period of 7 or
fewer consecutive days.A separate Limit
of Insurance applies to Damage To
Premises Rented To You as described in
Section D.-Limits Of Insurance.
Paragraph (2)of this exclusion does not
apply if the premises are "your work"and
were never occupied,rented or held for
rental by you.
Paragraphs (3)and (4)of this exclusion do
not apply to the use of elevators.
Paragraphs (3),(4),(5)and (6)of this
exclusion do not apply to liability assumed
under a sidetrack agreement.
Paragraphs (3)and (4)of this exclusion do
not apply to "property damage"to
borrowed equipment while not being used
to perform operations at a job site.
Paragraph (6)of this exclusion does not
apply to "property damage"included in the
products-completed operations hazard".
l.Damage To Your Product
Property damage"to "your product"
arising out of it or any part of it.
m.Damage To Your Work
Property damage"to "your work"arising
out of it or any part of it and included in the
products-completed operations hazard".
This exclusion does not apply if the
damaged work or the work out of which
the damage arises was performed on your
behalf by a subcontractor.
n.Damage To Impaired Property Or
Property Not Physically Injured
Property damage"to "impaired property"
or property that has not been physically
injured,arising out of:
1)A defect,deficiency,inadequacy or
dangerous condition in "your product"
or "your work";or
2)A delay or failure by you or anyone
acting on your behalf to perform a
contract or agreement in accordance
with its terms.
This exclusion does not apply to the loss
of use of other property arising out of
sudden and accidental physical injury to
your product"or "your work"after it has
been put to its intended use.
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BUSINESS LIABILITY COVERAGE FORM
Page 8 of 24 Form SS 00 08 04 05
o.Recall Of Products,Work Or Impaired
Property
Damages claimed for any loss,cost or
expense incurred by you or others for the
loss of use,withdrawal,recall,inspection,
repair,replacement,adjustment,removal
or disposal of:
1)"Your product";
2)"Your work";or
3)"Impaired property";
if such product,work or property is
withdrawn or recalled from the market or
from use by any person or organization
because of a known or suspected defect,
deficiency,inadequacy or dangerous
condition in it.
p.Personal And Advertising Injury
Personal and advertising injury":
1)Arising out of oral,written or electronic
publication of material,if done by or at
the direction of the insured with
knowledge of its falsity;
2)Arising out of oral,written or electronic
publication of material whose first
publication took place before the
beginning of the policy period;
3)Arising out of a criminal act committed
by or at the direction of the insured;
4)Arising out of any breach of contract,
except an implied contract to use
another’s "advertising idea"in your
advertisement";
5)Arising out of the failure of goods,
products or services to conform with
any statement of quality or
performance made in your
advertisement";
6)Arising out of the wrong description of
the price of goods,products or services;
7)Arising out of any violation of any
intellectual property rights such as
copyright,patent,trademark,trade
name,trade secret,service mark or
other designation of origin or
authenticity.
However,this exclusion does not
apply to infringement,in your
advertisement",of
a)Copyright;
b)Slogan,unless the slogan is also
a trademark,trade name,service
mark or other designation of origin
or authenticity;or
c)Title of any literary or artistic work;
8)Arising out of an offense committed by
an insured whose business is:
a)Advertising,broadcasting,
publishing or telecasting;
b)Designing or determining content
of web sites for others;or
c)An Internet search,access,
content or service provider.
However,this exclusion does not
apply to Paragraphs a.,b.and c.
under the definition of "personal and
advertising injury"in Section G.–
Liability And Medical Expenses
Definitions.
For the purposes of this exclusion,
placing an "advertisement"for or
linking to others on your web site,by
itself,is not considered the business
of advertising,broadcasting,
publishing or telecasting;
9)Arising out of an electronic chat room
or bulletin board the insured hosts,
owns,or over which the insured
exercises control;
10)Arising out of the unauthorized use of
another's name or product in your e-mail
address,domain name or metatags,or
any other similar tactics to mislead
another's potential customers;
11)Arising out of the violation of a
person's right of privacy created by
any state or federal act.
However,this exclusion does not
apply to liability for damages that the
insured would have in the absence of
such state or federal act;
12)Arising out of:
a)An "advertisement"for others on
your web site;
b)Placing a link to a web site of
others on your web site;
c)Content from a web site of others
displayed within a frame or border
on your web site.Content includes
information,code,sounds,text,
graphics or images;or
d)Computer code,software or
programming used to enable:
i)Your web site;or
ii)The presentation or functionality
of an "advertisement"or other
content on your web site;
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BUSINESS LIABILITY COVERAGE FORM
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13)Arising out of a violation of any anti-
trust law;
14)Arising out of the fluctuation in price or
value of any stocks,bonds or other
securities;or
15)Arising out of discrimination or
humiliation committed by or at the
direction of any "executive officer",
director,stockholder,partner or
member of the insured.
q.Electronic Data
Damages arising out of the loss of,loss of
use of,damage to,corruption of,inability
to access,or inability to manipulate
electronic data".
r.Employment-Related Practices
Bodily injury"or "personal and advertising
injury"to:
1)A person arising out of any:
a)Refusal to employ that person;
b)Termination of that person's
employment;or
c)Employment-related practices,
policies,acts or omissions,such as
coercion,demotion,evaluation,
reassignment,discipline,
defamation,harassment,humiliation
or discrimination directed at that
person;or
2)The spouse,child,parent,brother or
sister of that person as a
consequence of "bodily injury"or
personal and advertising injury"to the
person at whom any of the
employment-related practices
described in Paragraphs (a),(b),or (c)
above is directed.
This exclusion applies:
1)Whether the insured may be liable as
an employer or in any other capacity;
and
2)To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.
s.Asbestos
1)"Bodily injury","property damage"or
personal and advertising injury"
arising out of the "asbestos hazard".
2)Any damages,judgments,settlements,
loss,costs or expenses that:
a)May be awarded or incurred by
reason of any claim or suit
alleging actual or threatened injury
or damage of any nature or kind to
persons or property which would
not have occurred in whole or in
part but for the "asbestos hazard";
b)Arise out of any request,demand,
order or statutory or regulatory
requirement that any insured or
others test for,monitor,clean up,
remove,encapsulate,contain,
treat,detoxify or neutralize or in
any way respond to or assess the
effects of an "asbestos hazard";or
c)Arise out of any claim or suit for
damages because of testing for,
monitoring,cleaning up,removing,
encapsulating,containing,treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
t.Violation Of Statutes That Govern E-
Mails,Fax,Phone Calls Or Other
Methods Of Sending Material Or
Information
Bodily injury","property damage",or
personal and advertising injury"arising
directly or indirectly out of any action or
omission that violates or is alleged to
violate:
1)The Telephone Consumer Protection
Act (TCPA),including any amendment
of or addition to such law;
2)The CAN-SPAM Act of 2003,including
any amendment of or addition to such
law;or
3)Any statute,ordinance or regulation,
other than the TCPA or CAN-SPAM Act
of 2003,that prohibits or limits the
sending,transmitting,communicating or
distribution of material or information.
Damage To Premises Rented To You –
Exception For Damage By Fire,Lightning
or Explosion
Exclusions c.through h.and k.through o.do
not apply to damage by fire,lightning or
explosion to premises rented to you or
temporarily occupied by you with permission of
the owner.A separate Limit of Insurance
applies to this coverage as described in
Section D.-Liability And Medical Expenses
Limits Of Insurance.
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2.Applicable To Medical Expenses Coverage
We will not pay expenses for "bodily injury":
a.Any Insured
To any insured,except "volunteer workers".
b.Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c.Injury On Normally Occupied Premises
To a person injured on that part of
premises you own or rent that the person
normally occupies.
d.Workers'Compensation And Similar
Laws
To a person,whether or not an
employee"of any insured,if benefits for
the "bodily injury"are payable or must be
provided under a workers'compensation
or disability benefits law or a similar law.
e.Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games,sports or athletic
contests.
f.Products-Completed Operations Hazard
Included with the "products-completed
operations hazard".
g.Business Liability Exclusions
Excluded under Business Liability Coverage.
C.WHO IS AN INSURED
1.If you are designated in the Declarations as:
a.An individual,you and your spouse are
insureds,but only with respect to the
conduct of a business of which you are the
sole owner.
b.A partnership or joint venture,you are an
insured.Your members,your partners,and
their spouses are also insureds,but only with
respect to the conduct of your business.
c.A limited liability company,you are an
insured.Your members are also insureds,
but only with respect to the conduct of your
business.Your managers are insureds,but
only with respect to their duties as your
managers.
d.An organization other than a partnership,
joint venture or limited liability company,you
are an insured.Your "executive officers"and
directors are insureds,but only with respect
to their duties as your officers or directors.
Your stockholders are also insureds,but only
with respect to their liability as stockholders.
e.A trust,you are an insured.Your trustees
are also insureds,but only with respect to
their duties as trustees.
2.Each of the following is also an insured:
a.Employees And Volunteer Workers
Your "volunteer workers"only while
performing duties related to the conduct of
your business,or your "employees",other
than either your "executive officers"(if you
are an organization other than a
partnership,joint venture or limited liability
company)or your managers (if you are a
limited liability company),but only for acts
within the scope of their employment by
you or while performing duties related to
the conduct of your business.
However,none of these "employees"or
volunteer workers"are insureds for:
1)"Bodily injury"or "personal and
advertising injury":
a)To you,to your partners or
members (if you are a partnership
or joint venture),to your members
if you are a limited liability
company),or to a co-"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business,or to your other
volunteer workers"while
performing duties related to the
conduct of your business;
b)To the spouse,child,parent,
brother or sister of that co-
employee"or that "volunteer
worker"as a consequence of
Paragraph (1)(a)above;
c)For which there is any obligation
to share damages with or repay
someone else who must pay
damages because of the injury
described in Paragraphs (1)(a)or
b)above;or
d)Arising out of his or her providing
or failing to provide professional
health care services.
If you are not in the business of
providing professional health care
services,Paragraph (d)does not apply
to any nurse,emergency medical
technician or paramedic employed by
you to provide such services.
2)"Property damage"to property:
a)Owned,occupied or used by,
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b)Rented to,in the care,custody or
control of,or over which physical
control is being exercised for any
purpose by you,any of your
employees","volunteer workers",
any partner or member (if you are
a partnership or joint venture),or
any member (if you are a limited
liability company).
b.Real Estate Manager
Any person (other than your "employee"or
volunteer worker"),or any organization
while acting as your real estate manager.
c.Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die,but only:
1)With respect to liability arising out of the
maintenance or use of that property;and
2)Until your legal representative has
been appointed.
d.Legal Representative If You Die
Your legal representative if you die,but
only with respect to duties as such.That
representative will have all your rights and
duties under this insurance.
e.Unnamed Subsidiary
Any subsidiary and subsidiary thereof,of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50%of the voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
3.Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership,joint venture or
limited liability company,and over which you
maintain financial interest of more than 50%of
the voting stock,will qualify as a Named
Insured if there is no other similar insurance
available to that organization.However:
a.Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period,whichever is earlier;and
b.Coverage under this provision does not
apply to:
1)"Bodily injury"or "property damage"
that occurred;or
2)"Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
4.Operator Of Mobile Equipment
With respect to "mobile equipment"registered in
your name under any motor vehicle registration
law,any person is an insured while driving such
equipment along a public highway with your
permission.Any other person or organization
responsible for the conduct of such person is
also an insured,but only with respect to liability
arising out of the operation of the equipment,and
only if no other insurance of any kind is available
to that person or organization for this liability.
However,no person or organization is an insured
with respect to:
a."Bodily injury"to a co-"employee"of the
person driving the equipment;or
b."Property damage"to property owned by,
rented to,in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
5.Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge,any person is an
insured while operating such watercraft with
your permission.Any other person or
organization responsible for the conduct of
such person is also an insured,but only with
respect to liability arising out of the operation
of the watercraft,and only if no other
insurance of any kind is available to that
person or organization for this liability.
However,no person or organization is an
insured with respect to:
a."Bodily injury"to a co-"employee"of the
person operating the watercraft;or
b."Property damage"to property owned by,
rented to,in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
6.Additional Insureds When Required By
Written Contract,Written Agreement Or
Permit
The person(s)or organization(s)identified in
Paragraphs a.through f.below are additional
insureds when you have agreed,in a written
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contract,written agreement or because of a
permit issued by a state or political
subdivision,that such person or organization
be added as an additional insured on your
policy,provided the injury or damage occurs
subsequent to the execution of the contract or
agreement,or the issuance of the permit.
A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.
However,no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F.–Optional Additional Insured Coverages.
a.Vendors
Any person(s)or organization(s)(referred to
below as vendor),but only with respect to
bodily injury"or "property damage"arising
out of "your products"which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury"or
property damage"included within the
products-completed operations hazard".
1)The insurance afforded to the vendor
is subject to the following additional
exclusions:
This insurance does not apply to:
a)"Bodily injury"or "property
damage"for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
b)Any express warranty
unauthorized by you;
c)Any physical or chemical change
in the product made intentionally
by the vendor;
d)Repackaging,except when
unpacked solely for the purpose of
inspection,demonstration,testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
e)Any failure to make such
inspections,adjustments,tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business,in connection
with the distribution or sale of the
products;
f)Demonstration,installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
g)Products which,after distribution
or sale by you,have been labeled
or relabeled or used as a
container,part or ingredient of any
other thing or substance by or for
the vendor;or
h)"Bodily injury"or "property
damage"arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf.However,this
exclusion does not apply to:
i)The exceptions contained in
Subparagraphs (d)or (f);or
ii)Such inspections,adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business,in
connection with the distribution
or sale of the products.
2)This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient,part or container,
entering into,accompanying or
containing such products.
b.Lessors Of Equipment
1)Any person or organization from
whom you lease equipment;but only
with respect to their liability for "bodily
injury","property damage"or
personal and advertising injury"
caused,in whole or in part,by your
maintenance,operation or use of
equipment leased to you by such
person or organization.
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2)With respect to the insurance afforded
to these additional insureds,this
insurance does not apply to any
occurrence"which takes place after
you cease to lease that equipment.
c.Lessors Of Land Or Premises
1)Any person or organization from
whom you lease land or premises,but
only with respect to liability arising out
of the ownership,maintenance or use
of that part of the land or premises
leased to you.
2)With respect to the insurance afforded
to these additional insureds,this
insurance does not apply to:
a)Any "occurrence"which takes
place after you cease to lease that
land or be a tenant in that
premises;or
b)Structural alterations,new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d.Architects,Engineers Or Surveyors
1)Any architect,engineer,or surveyor,but
only with respect to liability for "bodily
injury","property damage"or "personal
and advertising injury"caused,in whole
or in part,by your acts or omissions or
the acts or omissions of those acting on
your behalf:
a)In connection with your premises;
or
b)In the performance of your
ongoing operations performed by
you or on your behalf.
2)With respect to the insurance afforded
to these additional insureds,the
following additional exclusion applies:
This insurance does not apply to
bodily injury","property damage"or
personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you,including:
a)The preparing,approving,or
failure to prepare or approve,
maps,shop drawings,opinions,
reports,surveys,field orders,
change orders,designs or
drawings and specifications;or
b)Supervisory,inspection,
architectural or engineering
activities.
e.Permits Issued By State Or Political
Subdivisions
1)Any state or political subdivision,but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
2)With respect to the insurance afforded
to these additional insureds,this
insurance does not apply to:
a)"Bodily injury","property damage"
or "personal and advertising
injury"arising out of operations
performed for the state or
municipality;or
b)"Bodily injury"or "property damage"
included within the "products-
completed operations hazard".
f.Any Other Party
1)Any other person or organization who
is not an insured under Paragraphs a.
through e.above,but only with
respect to liability for "bodily injury",
property damage"or "personal and
advertising injury"caused,in whole or
in part,by your acts or omissions or
the acts or omissions of those acting
on your behalf:
a)In the performance of your
ongoing operations;
b)In connection with your premises
owned by or rented to you;or
c)In connection with "your work"and
included within the "products-
completed operations hazard",but
only if
i)The written contract or written
agreement requires you to
provide such coverage to
such additional insured;and
ii)This Coverage Part provides
coverage for "bodily injury"or
property damage"included
within the "products-
completed operations hazard".
2)With respect to the insurance afforded
to these additional insureds,this
insurance does not apply to:
Bodily injury","property damage"or
personal and advertising injury"
arising out of the rendering of,or the
failure to render,any professional
architectural,engineering or surveying
services,including:
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a)The preparing,approving,or
failure to prepare or approve,
maps,shop drawings,opinions,
reports,surveys,field orders,
change orders,designs or
drawings and specifications;or
b)Supervisory,inspection,
architectural or engineering
activities.
The limits of insurance that apply to additional
insureds are described in Section D.–Limits
Of Insurance.
How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E.–Liability And Medical Expenses
General Conditions.
No person or organization is an insured with
respect to the conduct of any current or past
partnership,joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.
D.LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
1.The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a.Insureds;
b.Claims made or "suits"brought;or
c.Persons or organizations making claims or
bringing "suits".
2.Aggregate Limits
The most we will pay for:
a.Damages because of "bodily injury"and
property damage"included in the
products-completed operations hazard"is
the Products-Completed Operations
Aggregate Limit shown in the
Declarations.
b.Damages because of all other "bodily
injury","property damage"or "personal
and advertising injury",including medical
expenses,is the General Aggregate Limit
shown in the Declarations.
This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
Location"means premises involving the
same or connecting lots,or premises
whose connection is interrupted only by a
street,roadway or right-of-way of a
railroad.
This General Aggregate limit does not
apply to "property damage"to premises
while rented to you or temporarily
occupied by you with permission of the
owner,arising out of fire,lightning or
explosion.
3.Each Occurrence Limit
Subject to 2.a.or 2.b above,whichever
applies,the most we will pay for the sum of all
damages because of all "bodily injury",
property damage"and medical expenses
arising out of any one "occurrence"is the
Liability and Medical Expenses Limit shown in
the Declarations.
The most we will pay for all medical expenses
because of "bodily injury"sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.
4.Personal And Advertising Injury Limit
Subject to 2.b.above,the most we will pay for
the sum of all damages because of all
personal and advertising injury"sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.
5.Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
property damage"to any one premis es,while
rented to you,or in the case of damage by fire,
lightning or explosion,while rented to you or
temporarily occupied by you with permission of
the owner.
In the case of damage by fire,lightning or
explosion,the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event,whether such
damage results from fire,lightning or explosion
or any combination of these.
6.How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a.The limits of insurance specified in a
written contract,written agreement or
permit issued by a state or political
subdivision;or
b.The Limits of Insurance shown in the
Declarations.
Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.
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If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit",the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or "suit".However,this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3.above.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months,starting
with the beginning of the policy period shown in the
Declarations,unless the policy period is extended
after issuance for an additional period of less than 12
months.In that case,the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
E.LIABILITY AND MEDICAL EXPENSES
GENERAL CONDITIONS
1.Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.
2.Duties In The Event Of Occurrence,
Offense,Claim Or Suit
a.Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an "occurrence"or an
offense which may result in a claim.To
the extent possible,notice should include:
1)How,when and where the "occurrence"
or offense took place;
2)The names and addresses of any
injured persons and witnesses;and
3)The nature and location of any injury
or damage arising out of the
occurrence"or offense.
b.Notice Of Claim
If a claim is made or "suit"is brought
against any insured,you or any additional
insured must:
1)Immediately record the specifics of the
claim or "suit"and the date received;
and
2)Notify us as soon as practicable.
You or any additional insured must see to
it that we receive a written notice of the
claim or "suit"as soon as practicable.
c.Assistance And Cooperation Of The
Insured
You and any other involved insured must:
1)Immediately send us copies of any
demands,notices,summonses or
legal papers received in connection
with the claim or "suit";
2)Authorize us to obtain records and
other information;
3)Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit";and
4)Assist us,upon our request,in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d.Obligations At The Insured's Own Cost
No insured will,except at that insured's own
cost,voluntarily make a payment,assume
any obligation,or incur any expense,other
than for first aid,without our consent.
e.Additional Insured's Other Insurance
If we cover a claim or "suit"under this
Coverage Part that may also be covered
by other insurance available to an
additional insured,such additional insured
must submit such claim or "suit"to the
other insurer for defense and indemnity.
However,this provision does not apply to
the extent that you have agreed in a
written contract,written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured's own insurance.
f.Knowledge Of An Occurrence,Offense,
Claim Or Suit
Paragraphs a.and b.apply to you or to
any additional insured only when such
occurrence",offense,claim or "suit"is
known to:
1)You or any additional insured that is
an individual;
2)Any partner,if you or an additional
insured is a partnership;
3)Any manager,if you or an additional
insured is a limited liability company;
4)Any "executive officer"or insurance
manager,if you or an additional
insured is a corporation;
5)Any trustee,if you or an additional
insured is a trust;or
6)Any elected or appointed offic ial,if you
or an additional insured is a political
subdivision or public entity.
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This Paragraph f.applies separately to
you and any additional insured.
3.Financial Responsibility Laws
a.When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law,the insurance
provided by the policy for "bodily injury"
liability and "property damage"liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b.With respect to "mobile equipment"to
which this insurance applies,we will
provide any liability,uninsured motorists,
underinsured motorists,no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.
4.Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a.To join us as a party or otherwise bring us
into a "suit"asking for damages from an
insured;or
b.To sue us on this Coverage Form unless
all of its terms have been fully complied
with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured;but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance.An agreed
settlement means a settlement and release of
liability signed by us,the insured and the
claimant or the claimant's legal representative.
5.Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy 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
a claim is made or "suit"is brought.
6.Representations
a.When You Accept This Policy
By accepting this policy,you agree:
1)The statements in the Declarations
are accurate and complete;
2)Those statements are based upon
representations you made to us;and
3)We have issued this policy in reliance
upon your representations.
b.Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part,we shall not deny any
coverage under this Coverage Part
because of such failure.
7.Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part,our obligations are limited as
follows:
a.Primary Insurance
This insurance is primary except when b.
below applies.If other insurance is also
primary,we will share with all that other
insurance by the method described in c.
below.
b.Excess Insurance
This insurance is excess over any of the
other insurance,whether primary,excess,
contingent or on any other basis:
1)Your Work
That is Fire,Extended Coverage,
Builder's Risk,Installation Risk or
similar coverage for "your work";
2)Premises Rented To You
That is fire,lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
3)Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
property damage"to premises rented
to you or temporarily occupied by you
with permission of the owner;
4)Aircraft,Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft,"autos"or watercraft to
the extent not subject to Exclusion g.of
Section A.–Coverages.
5)Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage"to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k.of Section A.–
Coverages.
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6)When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations,or products and completed
operations,for which you have been
added as an additional insured by that
insurance;or
7)When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.
However,the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
a)Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary.If other
insurance is also primary,we will
share with all that other insurance
by the method described in c.
below.
b)Primary And Non-Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract,written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance,this insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs (a)and (b)do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this insurance is excess,we will
have no duty under this Coverage Part to
defend the insured against any "suit"if any
other insurer has a duty to defend the
insured against that "suit".If no other
insurer defends,we will undertake to do
so,but we will be entitled to the insured's
rights against all those other insurers.
When this insurance is excess over other
insurance,we will pay only our share of
the amount of the loss,if any,that
exceeds the sum of:
1)The total amount that all such other
insurance would pay for the loss in the
absence of this insurance;and
2)The total of all deductible and self-
insured amounts under all that other
insurance.
We will share the remaining loss,if any,with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c.Method Of Sharing
If all 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.
8.Transfer Of Rights Of Recovery Against
Others To Us
a.Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment,including
Supplementary Payments,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.This condition does not
apply to Medical Expenses Coverage.
b.Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments,we
have made under this Coverage Part,we
also waive that right,provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
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F.OPTIONAL ADDITIONAL INSURED
COVERAGES
If listed or shown as applicable in the Declarations,
one or more of the following Optional Additional
Insured Coverages also apply.When any of these
Optional Additional Insured Coverages apply,
Paragraph 6.(Additional Insureds When Required
by Written Contract,Written Agreement or Permit)
of Section C.,Who Is An Insured,does not apply
to the person or organization shown in the
Declarations.These coverages are subject to the
terms and conditions applicable to Business
Liability Coverage in this policy,except as
provided below:
1.Additional Insured -Designated Person Or
Organization
WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s)or organization(s)shown in the
Declarations,but only with respect to liability
for "bodily injury","property damage"or
personal and advertising injury"caused,in
whole or in part,by your acts or omissions or
the acts or omissions of those acting on your
behalf:
a.In the performance of your ongoing
operations;or
b.In connection with your premises owned
by or rented to you.
2.Additional Insured -Managers Or Lessors
Of Premises
a.WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s)or organization(s)shown in the
Declarations as an Additional Insured -
Designated Person Or Organization;but only
with respect to liability arising out of the
ownership,maintenance or use of that part of
the premises leased to you and shown in the
Declarations.
b.With respect to the insurance afforded to
these additional insureds,the following
additional exclusions apply:
This insurance does not apply to:
1)Any "occurrence"which takes place
after you cease to be a tenant in that
premises;or
2)Structural alterations,new
construction or demolition operations
performed by or on behalf of such
person or organization.
3.Additional Insured -Grantor Of Franchise
WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s)or organization(s)shown in the
Declarations as an Additional Insured -
Grantor Of Franchise,but only with respect to
their liability as grantor of franchise to you.
4.Additional Insured -Lessor Of Leased
Equipment
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the person(s)or organization(s)
shown in the Declarations as an Additional
Insured –Lessor of Leased Equipment,
but only with respect to liability for "bodily
injury","property damage"or "personal
and advertising injury"caused,in whole or
in part,by your maintenance,operation or
use of equipment leased to you by such
person(s)or organization(s).
b.With respect to the insurance afforded to
these additional insureds,this insurance
does not apply to any "occurrence"which
takes place after you cease to lease that
equipment.
5.Additional Insured -Owners Or Other
Interests From Whom Land Has Been
Leased
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the person(s)or organization(s)
shown in the Declarations as an Additional
Insured –Owners Or Other Interests From
Whom Land Has Been Leased,but only
with respect to liability arising out of the
ownership,maintenance or use of that part
of the land leased to you and shown in the
Declarations.
b.With respect to the insurance afforded to
these additional insureds,the following
additional exclusions apply:
This insurance does not apply to:
1)Any "occurrence"that takes place
after you cease to lease that land;or
2)Structural alterations,new
construction or demolition operations
performed by or on behalf of such
person or organization.
6.Additional Insured -State Or Political
Subdivision –Permits
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
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Insured –State Or Political Subdivision -
Permits,but only with respect to
operations performed by you or on your
behalf for which the state or political
subdivision has issued a permit.
b.With respect to the insurance afforded to
these additional insureds,the following
additional exclusions apply:
This insurance does not apply to:
1)"Bodily injury","property damage"or
personal and advertising injury"
arising out of operations performed for
the state or municipality;or
2)"Bodily injury"or "property damage"
included in the "product-completed
operations"hazard.
7.Additional Insured –Vendors
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the person(s)or organization(s)
referred to below as vendor)shown in the
Declarations as an Additional Insured -
Vendor,but only with respect to "bodily
injury"or "property damage"arising out of
your products"which are distributed or
sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury"or
property damage"included within the
products-completed operations hazard".
b.The insurance afforded to the vendor is
subject to the following additional exclusions:
1)This insurance does not apply to:
a)"Bodily injury"or "property
damage"for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
b)Any express warranty
unauthorized by you;
c)Any physical or chemical change
in the product made intentionally
by the vendor;
d)Repackaging,unless unpacked
solely for the purpose of inspection,
demonstration,testing,or the
substitution of parts under
instructions from the manufacturer,
and then repackaged in the original
container;
e)Any failure to make such
inspections,adjustments,tests or
servicing as the vendor has agreed
to make or normally undertakes to
make in the usual course of
business,in connection with the
distribution or sale of the products;
f)Demonstration,installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
g)Products which,after distribution
or sale by you,have been labeled
or relabeled or used as a
container,part or ingredient of any
other thing or substance by or for
the vendor;or
h)"Bodily injury"or "property
damage"arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf.However,this
exclusion does not apply to:
i)The exceptions contained in
Subparagraphs (d)or (f);or
ii)Such inspections,
adjustments,tests or servicing
as the vendor has agreed to
make or normally undertakes
to make in the usual course of
business,in connection with
the distribution or sale of the
products.
2)This insurance does not apply to any
insured person or organization from
whom you have acquired such
products,or any ingredient,part or
container,entering into,
accompanying or containing such
products.
8.Additional Insured –Controlling Interest
WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s)or organization(s)shown in the
Declarations as an Additional Insured –
Controlling Interest,but only with respect to
their liability arising out of:
a.Their financial control of you;or
b.Premises they own,maintain or control
while you lease or occupy these premises.
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This insurance does not apply to structural
alterations,new construction and demolition
operations performed by or for that person or
organization.
9.Additional Insured –Owners,Lessees Or
Contractors –Scheduled Person Or
Organization
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the person(s)or organization(s)
shown in the Declarations as an Additional
Insured –Owner,Lessees Or Contractors,
but only with respect to liability for "bodily
injury","property damage"or "personal
and advertising injury"caused,in whole or
in part,by your acts or omissions or the
acts or omissions of those acting on your
behalf:
1)In the performance of your ongoing
operations for the additional
insured(s);or
2)In connection with "your work"
performed for that additional insured
and included within the "products-
completed operations hazard",but
only if this Coverage Part provides
coverage for "bodily injury"or
property damage"included within the
products-completed operations
hazard".
b.With respect to the insurance afforded to
these additional insureds,this insurance
does not apply to "bodily injury","property
damage"or "personal an advertising
injury"arising out of the rendering of,or
the failure to render,any professional
architectural,engineering or surveying
services,including:
1)The preparing,approving,or failure to
prepare or approve,maps,shop
drawings,opinions,reports,surveys,
field orders,change orders,designs or
drawings and specifications;or
2)Supervisory,inspection,architectural
or engineering activities.
10.Additional Insured –Co-Owner Of Insured
Premises
WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s)or Organization(s)shown in the
Declarations as an Additional Insured –Co-
Owner Of Insured Premises,but only with
respect to their liability as co-owner of the
premises shown in the Declarations.
The limits of insurance that apply to additional
insureds are described in Section D.–Limits Of
Insurance.
How this insurance applies when other insurance
is available to an additional insured is described in
the Other Insurance Condition in Section E.–
Liability And Medical Expenses General
Conditions.
G.LIABILITY AND MEDICAL EXPENSES
DEFINITIONS
1."Advertisement"means the widespread public
dissemination of information or images that
has the purpose of inducing the sale of goods,
products or services through:
a.( 1)Radio;
2)Television;
3)Billboard;
4)Magazine;
5)Newspaper;
b.The Internet,but only that part of a web
site that is about goods,products or
services for the purposes of inducing the
sale of goods,products or services;or
c.Any other publication that is given
widespread public distribution.
However,"advertisement"does not include:
a.The design,printed material,information
or images contained in,on or upon the
packaging or labeling of any goods or
products;or
b.An interactive conversation between or
among persons through a computer network.
2."Advertising idea"means any idea for an
advertisement".
3."Asbestos hazard"means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.
4."Auto"means a land motor vehicle,trailer or
semi-trailer designed for travel on public
roads,including any attached machinery or
equipment.But "auto"does not include
mobile equipment".
5."Bodily injury"means physical:
a.Injury;
b.Sickness;or
c.Disease
sustained by a person and,if arising out of the
above,mental anguish or death at any time.
6."Coverage territory"means:
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a.The United States of America (including its
territories and possessions),Puerto Rico
and Canada;
b.International waters or airspace,but only if
the injury or damage occurs in the course
of travel or transportation between any
places included in a.above;
c.All other parts of the world if the injury or
damage arises out of:
1)Goods or products made or sold by you
in the territory described in a.above;
2)The activities of a person whose home
is in the territory described in a.
above,but is away for a short time on
your business;or
3)"Personal and advertising injury"
offenses that take place through the
Internet or similar electronic means of
communication
provided the insured's responsibility to pay
damages is determined in the United States of
America (including its territories and
possessions),Puerto Rico or Canada,in a
suit"on the merits according to the
substantive law in such territory,or in a
settlement we agree to.
7."Electronic data"means information,facts or
programs:
a.Stored as or on;
b.Created or used on;or
c.Transmitted to or from
computer software,including systems and
applications software,hard or floppy disks,
CD-ROMS,tapes,drives,cells,data
processing devices or any other media which
are used with electronically controlled
equipment.
8."Employee"includes a "leased worker".
Employee"does not include a "temporary
worker".
9."Executive officer"means a person holding
any of the officer positions created by your
charter,constitution,by-laws or any other
similar governing document.
10."Hostile fire"means one which becomes
uncontrollable or breaks out from where it was
intended to be.
11."Impaired property"means tangible property,
other than "your product"or "your work",that
cannot be used or is less useful because:
a.It incorporates "your product"or "your work"
that is known or thought to be defective,
deficient,inadequate or dangerous;or
b.You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by:
a.The repair,replacement,adjustment or
removal of "your product"or "your work";
or
b.Your fulfilling the terms of the contract or
agreement.
12."Insured contract"means:
a.A contract for a lease of premises.
However,that portion of the contract for a
lease of premises that indemnifies any
person or organization for damage by fire,
lightning or explosion to p remises while
rented to you or temporarily occupied by
you with permission of the owner is
subject to the Damage To Premises
Rented To You limit described in Section
D.–Liability and Medical Expenses Limits
of Insurance.
b.A sidetrack agreement;
c.Any easement or license agreement,
including an easement or license
agreement in connection with construction
or demolition operations on or within 50
feet of a railroad;
d.Any obligation,as required by ordinance,
to indemnify a municipality,except in
connection with work for a municipality;
e.An elevator maintenance agreement;or
f.That part of any other contract or
agreement pertaining to your business
including an indemnification of a
municipality in connection with work
performed for a municipality)under which
you assume the tort liability of another
party to pay for "bodily injury"or "property
damage"to a third person or organization,
provided the "bodily injury"or "property
damage"is caused,in whole or in part,by
you or by those acting on your behalf.
Tort liability means a liability that would be
imposed by law in the absence of any
contract or agreement.
Paragraph f.includes that part of any
contract or agreement that indemnifies a
railroad for "bodily injury"or "property
damage"arising out of construction or
demolition operations within 50 feet of any
railroad property and affecting any railroad
bridge or trestle,tracks,road-beds,tunnel,
underpass or crossing.
However,Paragraph f.does not include
that part of any contract or agreement:
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1)That indemnifies an architect,
engineer or surveyor for injury or
damage arising out of:
a)Preparing,approving or failing to
prepare or approve maps,shop
drawings,opinions,reports,
surveys,field orders,change
orders,designs or drawings and
specifications;or
b)Giving directions or instructions,
or failing to give them,if that is the
primary cause of the injury or
damage;or
2)Under which the insured,if an
architect,engineer or surveyor,
assumes liability for an injury or
damage arising out of the insured's
rendering or failure to render
professional services,including those
lis ted in (1)above and supervisory,
inspection,architectural or
engineering activities.
13."Leased worker"means a person leased to
you by a labor leasing firm under an
agreement between you and the labor leasing
firm,to perform duties related to the conduct of
your business."Leased worker"does not
include a "temporary worker".
14."Loading or unloading"means the handling of
property:
a.After it is moved from the place where it is
accepted for movement into or onto an
aircraft,watercraft or "auto";
b.While it is in or on an aircraft,watercraft or
auto";or
c.While it is being moved from an aircraft,
watercraft or "auto"to the place where it is
finally delivered;
but "loading or unloading"does not include the
movement of property by means of a mechanical
device,other than a hand truck,that is not
attached to the aircraft,watercraft or "auto".
15."Mobile equipment"means any of the following
types of land vehicles,including any attached
machinery or equipment:
a.Bulldozers,farm machinery,forklifts and
other vehicles designed for use principally
off public roads;
b.Vehicles maintained for use solely on or
next to premises you own or rent;
c.Vehicles that travel on crawler treads;
d.Vehicles,whether self-propelled or not,on
which are permanently mounted:
1)Power cranes,shovels,loaders,
diggers or drills;or
2)Road construction or resurfacing
equipment such as graders,scrapers
or rollers;
e.Vehicles not described in a.,b.,c.,or d.
above that are not self-propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the
following types:
1)Air compressors,pumps and
generators,including spraying,
welding,building cleaning,
geophysical exploration,lighting and
well servicing equipment;or
2)Cherry pickers and similar devices
used to raise or lower workers;
f.Vehicles not described in a.,b.,c.,or d.
above maintained primarily for purposes
other than the transportation of persons or
cargo.
However,self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment"but
will be considered "autos":
1)Equipment,of at least 1,000 pounds
gross vehicle weight,designed
primarily for:
a)Snow removal;
b)Road maintenance,but not
construction or resurfacing;or
c)Street cleaning;
2)Cherry pickers and similar devices
mounted on automobile or truck
chassis and used to raise or lower
workers;and
3)Air compressors,pumps and
generators,including spraying,
welding,building cleaning,
geophysical exploration,lighting and
well servicing equipment.
16."Occurrence"means an accident,including
continuous or repeated exposure to substantially
the same general harmful conditions.
17."Personal and advertising injury"means injury,
including consequential "bodily injury",arising
out of one or more of the following offenses:
a.False arrest,detention or imprisonment;
b.Malicious prosecution;
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c.The wrongful eviction from,wrongful entry
into,or invasion of the right of private
occupancy of a room,dwelling or
premises that the person occupies,
committed by or on behalf of its owner,
landlord or lessor;
d.Oral,written or electronic publication of
material that slanders or libels a person or
organization or disparages a person's or
organization's goods,products or services;
e.Oral,written or electronic publication of
material that violates a person's right of
privacy;
f.Copying,in your "advertisement",a
person’s or organization’s "advertising
idea"or style of "advertisement";
g.Infringement of copyright,slogan,or title of
any literary or artistic work,in your
advertisement";or
h.Discrimination or humiliation that results in
injury to the feelings or reputation of a
natural person.
18."Pollutants"means any solid,liquid,gaseous or
thermal irritant or contaminant,including smoke,
vapor,soot,fumes,acids,alkalis,chemicals and
waste.Waste includes materials to be recycled,
reconditioned or reclaimed.
19."Products-completed operations hazard";
a.Includes all "bodily injury"and "property
damage"occurring away from premises
you own or rent and arising out of "your
product"or "your work"except:
1)Products that are still in your physical
possession;or
2)Work that has not yet been completed
or abandoned.However,"your work"
will be deemed to be completed at the
earliest of the following times:
a)When all of the work called for in
your contract has been completed.
b)When all of the work to be done at
the job site has been completed if
your contract calls for work at
more than one job site.
c)When that part of the work done at
a job site has been put to its
intended use by any person or
organization other than another
contractor or subcontractor
working on the same project.
Work that may need service,maintenance,
correction,repair or replacement,but
which is otherwise complete,will be
treated as completed.
The "bodily injury"or "property damage"
must occur away from premises you own
or rent,unless your business includes the
selling,handling or distribution of "your
product"for consumption on premises you
own or rent.
b.Does not include "bodily injury"or
property damage"arising out of:
1)The transportation of property,unless
the injury or damage arises out of a
condition in or on a vehicle not owned
or operated by you,and that condition
was created by the "loading or
unloading"of that vehicle by any
insured;or
2)The existence of tools,uninstalled
equipment or abandoned or unused
materials.
20."Property damage"means:
a.Physical injury to tangible property,
including all resulting loss of use of that
property.All such loss of use shall be
deemed to occur at the time of the
physical injury that caused it;or
b.Loss of use of tangible property that is not
physically injured.All such loss of use
shall be deemed to occur at the time of
occurrence"that caused it.
As used in this definition,"electronic data"is
not tangible property.
21."Suit"means a civil proceeding in which
damages because of "bodily injury","property
damage"or "personal and advertising injury"
to which this insurance applies are alleged.
Suit"includes:
a.An arbitration proceeding in which such
damages are claimed and to which the
insured must submit or does submit with
our consent;or
b.Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits
with our consent.
22."Temporary worker"means a person who is
furnished to you to substitute for a permanent
employee"on leave or to meet seasonal or
short-term workload conditions.
23."Volunteer worker"means a person who:
a.Is not your "employee";
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b.Donates his or her work;
c.Acts at the direction of and within the
scope of duties determined by you;and
d.Is not paid a fee,salary or other
compensation by you or anyone else for
their work performed for you.
24."Your product":
a.Means:
1)Any goods or products,other than real
property,manufactured,sold,handled,
distributed or disposed of by:
a)You;
b)Others trading under your name;
or
c)A person or organization whose
business or assets you have
acquired;and
2)Containers (other than vehicles),
materials,parts or equipment
furnished in connection with such
goods or products.
b.Includes:
1)Warranties or representations made at
any time with respect to the fitness,
quality,durability,performance or use
of "your product";and
2)The providing of or failure to provide
warnings or instructions.
c.Does not include vending machines or
other property rented to or located for the
use of others but not sold.
25."Your work":
a.Means:
1)Work or operations performed by you
or on your behalf;and
2)Materials,parts or equipment
furnished in connection with such work
or operations.
b.Includes:
1)Warranties or representations made at
any time with respect to the fitness,
quality,durability,performance or use
of "your work";and
2)The providing of or failure to provide
warnings or instructions.
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Second Amendment to SimpliGov Agreement
Final Audit Report 2023-07-20
Created:2023-07-20
By:Marilyn Pavlov (marilynp@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAmGy6BXYQTZIQ961UhpofrmMGljwxxe8x
Second Amendment to SimpliGov Agreement" History
Document created by Marilyn Pavlov (marilynp@cupertino.org)
2023-07-20 - 0:02:26 AM GMT- IP address: 69.181.168.76
Document approved by Marilyn Pavlov (marilynp@cupertino.org)
Approval Date: 2023-07-20 - 0:10:35 AM GMT - Time Source: server- IP address: 69.181.168.76
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2023-07-20 - 0:10:36 AM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2023-07-20 - 0:18:05 AM GMT - Time Source: server- IP address: 71.204.144.228
Document emailed to Teri Gerhardt (terig@cupertino.org) for approval
2023-07-20 - 0:18:06 AM GMT
Email viewed by Teri Gerhardt (terig@cupertino.org)
2023-07-20 - 0:24:11 AM GMT- IP address: 104.47.73.254
Document approved by Teri Gerhardt (terig@cupertino.org)
Approval Date: 2023-07-20 - 0:24:19 AM GMT - Time Source: server- IP address: 73.241.223.169
Document emailed to Scott jenkins (sjenkins@simpligov.com) for signature
2023-07-20 - 0:24:21 AM GMT
Email viewed by Scott jenkins (sjenkins@simpligov.com)
2023-07-20 - 0:50:46 AM GMT- IP address: 73.70.75.170
Document e-signed by Scott jenkins (sjenkins@simpligov.com)
Signature Date: 2023-07-20 - 0:52:03 AM GMT - Time Source: server- IP address: 73.70.75.170
Document emailed to christopherj@cupertino.org for signature
2023-07-20 - 0:52:05 AM GMT
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Email viewed by christopherj@cupertino.org
2023-07-20 - 1:09:28 AM GMT- IP address: 104.47.73.126
Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2023-07-20 - 1:09:47 AM GMT- IP address: 64.165.34.3
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2023-07-20 - 1:09:49 AM GMT - Time Source: server- IP address: 64.165.34.3
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1
FIRST AMENDMENT TO AGREEMENT 22-042
BETWEEN THE CITY OF CUPERTINO AND
SIMPLIGOV, LLC., FOR WORKFLOW AUTOMATION
SERVICES
This First Amendment to Agreement 22-042 between the City of Cupertino and
SIMPLIGOV, LLC., is by and between the CITY OF CUPERTINO, a municipal corporation
hereinafter "City") and SIMPLIGOV, LLC., a Limited Liability Company (“Contractor”) whose
address is 1724 10th Street, Suite 115, Sacramento, CA 95811, and is made with reference to the
following:
RECITALS:
A. On 3/30/22 Agreement 22-042 (“Agreement”) was entered into by and between City
and Contractor for Workflow Automation Services.
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 and undersigned parties as
follows:
SCOPE OF SERVICES AND CONDITIONS THEREOF
1. Subject to the terms and conditions set forth in this Agreement, Software Provider
shall perform each and every service to the schedule of performance set forth in
the SLA1 (collectively “Services”), as described below.
COMPENSATION TO SOFTWARE PROVIDER
2. Software Provider shall be compensated for services performed pursuant to this Agreement in a
total amount not to exceed one hundred two thousand ($102,000.00) dollars. The payments
specified in this section shall be the only payments to be made to Software Provider for services
rendered pursuant to this Agreement. Software Provider shall invoice City according to the
following schedule of milestones/deliverables:
Milestone/Deliverables Total Amount
Upon Contract Execution $30,000
Upon First Amendment $12,000
Upon FY23 Third Quarter $30,000
Upon FY24 Third Quarter $30,000
Total $102,000
City shall pay Contractor within thirty (30) days after receipt of Service Provider’s invoice. City
shall return to Contractor any payment request determined not to be a proper payment request as
soon as practicable, but not later than seven (7) days after receipt, and shall explain in writing
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2
the reasons why the payment request is not proper.
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
SIMPLIGOV LLC
By
Title
Date
EXPENDITURE DISTRIBUTION
Item Amount
Base Agreement $90,000
First Amendment $12,000
Total $102,000
COO
Mar 15, 2023
Christopher D. Jensen
CTO
Mar 16, 2023
Mar 16, 2023
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EXHIBIT SLA1
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Technical Support Service Guidelines
Priority
Response
Time
Target
Resolution
Time
Priority 1/ -
ASAP
4 business
hours
1 business
day
Priority 1
1 business
day
10 business
days
Priority 2
2 business
days
15 business
days
Priority 3 5 business
days One month
Service Level Agreement
1. Liaison. Client will appoint a technical liaison to communicate with SimpliGov with respect to the resolution of technical problems (the “Liaison”), who shall complete reasonable training with
SimpliGov to enable the Liaison to train users and correct problems caused by user error, assist users with the resolution of k nown issues, and obtain sufficient information from user’s to adequately report
problems to SimpliGov. Client may change such liaison from time to time at reasonable intervals upon written notice to SimpliGov and completion of applicable training by the successor Liaison. SimpliGov
will not be obligated to respond or provide technical support to any person other than the designated liaison.
2. Technical Support Hours and Methods. SimpliGov shall use commercially reasonable efforts to provide email and phone technical support to Client s Liaison during regular business hours , M-F 9
a.m. to 5 p.m. Pacific Time. Problems may be reported any time, however, SimpliGov will not be obligated to assign work after business hours (9 a.m. to 5 p.m. Pacific Time) to problems that are not
classified as Priority 1/ASAP.
3. Holidays. SimpliGov observes the following holidays: New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve
Day, and Christmas Day.
4. Priority. Upon receiving a call or request, SimpliGov will classify and prioritize the problem according to the following criteria (it being understood that in the event that SimpliGov completes a
workaround that relegates the applicable problem to a lower priority level, the service levels applicable to that lower priority level will apply going forward):
5. Client Responsibilities. During the Subscription Term, Client shall: (i) provide supervision, control and management of the use of the SimpliGov Automation Platform Services; (ii) document and
promptly report all errors or malfunctions; and (iii) take all steps reasonably necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures have
been received from SimpliGov.
The issue renders the mission critical real-time processing features and functionalities of the SimpliGov Automation
Platform Services completely unavailable, unresponsive, or inoperable, and there is no workaround.
Description
Process cannot complete and there is no workaround, but the condition does not interrupt all functions of the SimpliGov
Automation Platform Services.
Process cannot complete, but there is a workaround that allows Client to use the SimpliGov Automation Platform
Services.
This priority addresses “cosmetic” type calls with no financial or processing impact.
A. The Services will be accessible 98% of the time, 7 days per week, and 24 hours per day (“Uptime Commitment”), as calculated over a calendar month. Uptime Commitment shall not apply to, and
SimpliGov will not be responsible for, any downtime which: 1) lasts less than 15 minutes; 2) results from Scheduled Downtime; 3) results from the failure of communication or telephone access service or
other outside service or equipment or software not the fault of SimpliGov, including without limitation general network outages ; 4) is caused by a third party not under SimpliGov’s control; 5) is a result of
causes beyond the reasonable control of SimpliGov; or 6) results from failures of the system or the Client API Kit.
B. If SimpliGov fails to meet its Uptime Commitment in any given month, Client’s sole remedy and SimpliGov’s entire liability will be for SimpliGov to credit Client’s account with “Service Level Credits”, to
be applied against Client’s next billing period as follows:
C. To receive a Service Level Credit, Client must submit a written request for a Service Level Credit to Client’s designated account manager or the SimpliGov support team. To be eligible, the request must
i) include the dates and times of each incident of downtime experienced by Client in the preceding month; and (ii) be received by SimpliGov within ten business days after the end of the billing cycle in which
the downtime occurred.
D. Upon receipt of a Service Level Credit request in compliance with the above requirements, SimpliGov shall have 30 days to review the request and to validate the information provided. If SimpliGov
determines in good faith that the Services failed to meet the Uptime Commitment as alleged in such a request, then SimpliGov will apply such Service Level Credits to Client’s immediately succeeding billing
period. Client’s failure to comply with the provisions of Section 2.C. above will disqualify it from receiving a Service Level Credit.
1. Scheduled Downtime. When needed, SimpliGov will schedule downtime for routine maintenance or system upgrades (“Scheduled Downtime ”) for the Service. SimpliGov shall exercise
commercially reasonable efforts to schedule Scheduled Downtime outside of peak traffic periods. SimpliGov will use commercially reasonable efforts to notify Client’s designated contact at least one calendar
week prior to the occurrence of Scheduled Downtime.
2. Uptime Commitment.
1 hours to 2 hours
2 hours to 24 hours
Service Level Credits
1 day prorated monthly Subscription Fees
3 days prorated monthly Subscription Fees
No. of Hours Below Uptime Commitment
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Contract No. ________
Exhibit B: Insurance Requirements and Proof of Insurance
Proof of insurance coverage described below is attached to this Exhibit, with City named as
additional insured.
1. MINIMUM SCOPE AND LIMITS OF REQUIRED INSURANCE POLICIES
Additional Insureds:
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
Commercial General Liability and Cyber 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
Software Provider’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.
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.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of
City for all work performed by Software Provider, its employees, agents, and subconsultants.
General Liability:
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 Software Provider’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).
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Contract No. ________
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 Agreement. 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.
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.
Cyber Liability:
Insurance, with limits not less than:
2,000,000 each occurrence
2,000,000 aggregate - all other
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by
Software Provider in this Agreement and shall include, but not be limited to, claims involving
infringement of intellectual property, including but not limited to infringement of copyright,
trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction
of electronic information, release of private information, alteration of electronic information,
extortion, and network security. The policy shall provide coverage for breach response costs as
well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient
to respond to these obligations.
If the Software Provider maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or higher limits
maintained by the Software Provider. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
2. ABSENCE OF INSURANCE COVERAGE.
City may direct Software Provider to immediately cease all activities with respect to this
Agreement if it determines that Software Provider fails to carry, in full force and effect, all
insurance policies with coverages at or above the limits specified in this Agreement. At the
City’s discretion, under conditions of lapse, Cit y may purchase appropriate insurance and charge
all costs related to such policy to Software Provider.
3. PROOF OF INSURANCE COVERAGE AND COVERAGE VERIFICATION.
A Certificate of Insurance, on an Accord form, and completed coverage verification shall be
provided to City by each of Software Provider's insurance companies as evidence of the
stipulated coverages prior to the Commencement Date of this Agreement , and annually
thereafter for the term of this Agreement. All of the insurance companies providing insurance
for Software Provider shall be licensed to do insurance business in the State of California and shall
have, and provide evidence of, a Best Rating Service rate of A:VII or above.
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Contract No. ________
4. SUBCONTRACTORS
Software Provider 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.
5. HIGHER INSURANCE LIMITS
If Software Provider 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 Software
Provider.
6. 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.
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Form SS 00 08 04 05
2005,The Hartford
BUSINESS LIABILITY COVERAGE FORM
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Form SS 00 08 04 05
QUICK REFERENCE
BUSINESS LIABILITY COVERAGE FORM
READ YOUR POLICY CAREFULLY
BUSINESS LIABILITY COVERAGE FORM Beginning on Page
A.COVERAGES 1
Business Liability 1
Medical Expenses 2
Coverage Extension -Supplementary Payments 2
B.EXCLUSIONS 3
C.WHO IS AN INSURED 10
D.LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE 14
E.LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15
1.Bankruptcy 15
2.Duties In The Event Of Occurrence,Offense,Claim Or Suit 15
3.Financial Responsibility Laws 16
4.Legal Action Against Us 16
5.Separation Of Insureds 16
6.Representations 16
7.Other Insurance 16
8.Transfer Of Rights Of Recovery Against Others To Us 17
F.OPTIONAL ADDITIONAL INSURED COVERAGES 18
Additional Insureds 18
G.LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20
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BUSINESS LIABILITY COVERAGE FORM
Page 2 of 24 Form SS 00 08 04 05
2)Receives a written or verbal demand or
claim for damages because of the "bodily
injury"or "property damage";or
3)Becomes aware by any other means that
bodily injury"or "property damage"has
occurred or has begun to occur.
d.Damages because of "bodily injury"include
damages claimed by any person or
organization for care,loss of services or
death resulting at any time from the "bodily
injury".
e.Incidental Medical Malpractice
1)"Bodily injury"arising out of the
rendering of or failure to render
professional health care services as a
physician,dentist,nurse,emergency
medical technician or paramedic shall
be deemed to be caused by an
occurrence",but only if:
a)The physician,dentist,nurse,
emergency medical technician or
paramedic is employed by you to
provide such services;and
b)You are not engaged in the
business or occupation of providing
such services.
2)For the purpose of determining the
limits of insurance for incidental medical
malpractice,any act or omission
together with all related acts or
omissions in the furnishing of these
services to any one person will be
considered one "occurrence".
2.MEDICAL EXPENSES
Insuring Agreement
a.We will pay medical expenses as described
below for "bodily injury"caused by an
accident:
1)On premises you own or rent;
2)On ways next to premises you own or
rent;or
3)Because of your operations;
provided that:
1)The accident takes place in the
coverage territory"and during the
policy period;
2)The expenses are incurred and reported
to us within three years of the date of
the accident;and
3)The injured person submits to
examination,at our expense,by
physicians of our choice as often as we
reasonably require.
b.We will make these payments regardless of
fault.These payments will not exceed the
applicable limit of insurance.We will pay
reasonable expenses for:
1)First aid administered at the time of an
accident;
2)Necessary medical,surgical,x-ray and
dental services,including prosthetic
devices;and
3)Necessary ambulance,hospital,
professional nursing and funeral
services.
3.COVERAGE EXTENSION -
SUPPLEMENTARY PAYMENTS
a.We will pay,with respect to any claim or
suit"we investigate or settle,or any "suit"
against an insured we defend:
1)All expenses we incur.
2)Up to $1,000 for the cost of bail bonds
required because of accidents or traffic
law violations arising out of the use of
any vehicle to which Business Liability
Coverage for "bodily injury"applies.We
do not have to furnish these bonds.
3)The cost of appeal bonds or bonds to
release attachments,but only for bond
amounts within the applicable limit of
insurance.We do not have to furnish
these bonds.
4)All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or
suit",including actual loss of earnings
up to $500 a day because of time off
from work.
5)All costs taxed against the insured in
the "suit".
6)Prejudgment interest awarded against
the insured on that part of the judgment
we pay.If we make an offer to pay the
applicable limit of insurance,we will not
pay any prejudgment interest based on
that period of time after the offer.
7)All interest on the full amount of any
judgment that accrues after entry of the
judgment and before we have paid,
offered to pay,or deposited in court the
part of the judgment that is within the
applicable limit of insurance.
Any amounts paid under (1)through (7)
above will not reduce the limits of insurance.
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BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 3 of 24
b.If we defend an insured against a "suit"
and an indemnitee of the insured is also
named as a party to the "suit",we will
defend that indemnitee if all of the
following conditions are met:
1)The "suit"against the indemnitee
seeks damages for which the insured
has assumed the liability of the
indemnitee in a contract or agreement
that is an "insured contract";
2)This insurance applies to such liability
assumed by the insured;
3)The obligation to defend,or the cost of
the defense of,that indemnitee,has
also been assumed by the insured in
the same "insured contract";
4)The allegations in the "suit"and the
information we know about the
occurrence"are such that no conflict
appears to exist between the interests
of the insured and the interest of the
indemnitee;
5)The indemnitee and the insured ask
us to conduct and control the defense
of that indemnitee against such "suit"
and agree that we can assign the
same counsel to defend the insured
and the indemnitee;and
6)The indemnitee:
a)Agrees in writing to:
i)Cooperate with us in the
investigation,settlement or
defense of the "suit";
ii)Immediately send us copies of
any demands,notices,
summonses or legal papers
received in connection with
the "suit";
iii)Notify any other insurer whose
coverage is available to the
indemnitee;and
iv)Cooperate with us with
respect to coordinating other
applicable insurance available
to the indemnitee;and
b)Provides us with written
authorization to:
i)Obtain records and other
information related to the
suit";and
ii)Conduct and control the
defense of the indemnitee in
such "suit".
So long as the above conditions are met,
attorneys'fees incurred by us in the
defense of that indemnitee,necessary
litigation expenses incurred by us and
necessary litigation expenses incurred
by the indemnitee at our request will be
paid as Supplementary Payments.
Notwithstanding the provisions of
Paragraph 1.b.(b)of Section B.–
Exclusions,such payments will not be
deemed to be damages for "bodily
injury"and "property damage"and will
not reduce the Limits of Insurance.
Our obligation to defend an insured's
indemnitee and to pay for attorneys'fees
and necessary litigation expenses as
Supplementary Payments ends when:
1)We have used up the applicable limit
of insurance in the payment of
judgments or settlements;or
2)The conditions set forth above,or the
terms of the agreement described in
Paragraph (6)above,are no longer met.
B.EXCLUSIONS
1.Applicable To Business Liability Coverage
This insurance does not apply to:
a.Expected Or Intended Injury
1)"Bodily injury"or "property damage"
expected or intended from the
standpoint of the insured.This
exclusion does not apply to "bodily
injury"or "property damage"resulting
from the use of reasonable force to
protect persons or property;or
2)"Personal and advertising injury"arising
out of an offense committed by,at the
direction of or with the consent or
acquiescence of the insured with the
expectation of inflicting "personal and
advertising injury".
b.Contractual Liability
1)"Bodily injury"or "property damage";or
2)"Personal and advertising injury"
for which the insured is obligated to pay
damages by reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to liability
for damages because of:
a)"Bodily injury","property damage"or
personal and advertising injury"that
the insured would have in the
absence of the contract or
agreement;or
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BUSINESS LIABILITY COVERAGE FORM
Page 4 of 24 Form SS 00 08 04 05
b)"Bodily injury"or "property damage"
assumed in a contract or agreement
that is an "insured contract",
provided the "bodily injury"or
property damage"occurs
subsequent to the execution of the
contract or agreement.Solely for
the purpose of liability assumed in
an "insured contract",reasonable
attorneys'fees and necessary
litigation expenses incurred by or for
a party other than an insured are
deemed to be damages because of
bodily injury"or "property damage"
provided:
i)Liability to such party for,or for
the cost of,that party’s defense
has also been assumed in the
same "insured contract",and
ii)Such attorneys'fees and
litigation expenses are for
defense of that party against a
civil or alternative dispute
resolution proceeding in which
damages to which this
insurance applies are alleged.
c.Liquor Liability
Bodily injury"or "property damage"for
which any insured may be held liable by
reason of:
1)Causing or contributing to the
intoxication of any person;
2)The furnishing of alcoholic beverages to
a person under the legal drinking age or
under the influence of alcohol;or
3)Any statute,ordinance or regulation
relating to the sale,gift,distribution or
use of alcoholic beverages.
This exclusion applies only if you are in the
business of manufacturing,distributing,
selling,serving or furnishing alcoholic
beverages.
d.Workers'Compensation And Similar
Laws
Any obligation of the insured under a
workers'compensation,disability benefits
or unemployment compensation law or
any similar law.
e.Employer’s Liability
Bodily injury"to:
1)An "employee"of the insured arising
out of and in the course of:
a)Employment by the insured;or
b)Performing duties related to the
conduct of the insured’s business,or
2)The spouse,child,parent,brother or
sister of that "employee"as a
consequence of (1)above.
This exclusion applies:
1)Whether the insured may be liable as
an employer or in any other capacity;
and
2)To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.
This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
f.Pollution
1)"Bodily injury","property damage"or
personal and advertising injury"
arising out of the actual,alleged or
threatened discharge,dispersal,
seepage,migration,release or escape
of "pollutants":
a)At or from any premises,site or
location which is or was at any
time owned or occupied by,or
rented or loaned to any insured.
However,this subparagraph does
not apply to:
i)"Bodily injury"if sustained within
a building and caused by
smoke,fumes,vapor or soot
produced by or originating from
equipment that is used to heat,
cool or dehumidify the building,
or equipment that is used to
heat water for personal use,by
the building's occupants or their
guests;
ii)"Bodily injury"or "property
damage"for which you may be
held liable,if you are a
contractor and the owner or
lessee of such premises,site or
location has been added to your
policy as an additional insured
with respect to your ongoing
operations performed for that
additional insured at that
premises,site or location and
such premises,site or location
is not and never was owned or
occupied by,or rented or
loaned to,any insured,other
than that additional insured;or
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Form SS 00 08 04 05 Page 5 of 24
iii)"Bodily injury"or "property
damage"arising out of heat,
smoke or fumes from a
hostile fire";
b)At or from any premises,site or
location which is or was at any
time used by or for any insured or
others for the handling,storage,
disposal,processing or treatment
of waste;
c)Which are or were at any time
transported,handled,stored,
treated,disposed of,or processed
as waste by or for:
i)Any insured;or
ii)Any person or organization for
whom you may be legally
responsible;
d)At or from any premises,site or
location on which any insured or
any contractors or subcontractors
working directly or indirectly on
any insured's behalf are
performing operations if the
pollutants"are brought on or to
the premises,site or location in
connection with such operations
by such insured,contractor or
subcontractor.However,this
subparagraph does not apply to:
i)"Bodily injury"or "property
damage"arising out of the
escape of fuels,lubricants or
other operating fluids which are
needed to perform the normal
electrical,hydraulic or
mechanical functions
necessary for the operation of
mobile equipment"or its parts,
if such fuels,lubricants or other
operating fluids escape from a
vehicle part designed to hold,
store or receive them.This
exception does not apply if the
bodily injury"or "property
damage"arises out of the
intentional discharge,dispersal
or release of the fuels,
lubricants or other operating
fluids,or if such fuels,
lubricants or other operating
fluids are brought on or to the
premises,site or location with
the intent that they be
discharged,dispersed or
released as part of the
operations being performed
by such insured,contractor or
subcontractor;
ii)"Bodily injury"or "property
damage"sustained within a
building and caused by the
release of gases,fumes or
vapors from materials brought
into that building in connection
with operations being performed
by you or on your behalf by a
contractor or subcontractor;or
iii)"Bodily injury"or "property
damage"arising out of heat,
smoke or fumes from a
hostile fire";or
e)At or from any premises,site or
location on which any insured or any
contractors or subcontractors
working directly or indirectly on any
insured’s behalf are performing
operations if the operations are to
test for,monitor,clean up,remove,
contain,treat,detoxify or neutralize,
or in any way respond to,or assess
the effects of,"pollutants".
2)Any loss,cost or expense arising out
of any:
a)Request,demand,order or statutory
or regulatory requirement that any
insured or others test for,monitor,
clean up,remove,contain,treat,
detoxify or neutralize,or in any way
respond to,or assess the effects of,
pollutants";or
b)Claim or suit by or on behalf of a
governmental authority for
damages because of testing for,
monitoring,cleaning up,removing,
containing,treating,detoxifying or
neutralizing,or in any way
responding to,or assessing the
effects of,"pollutants".
However,this paragraph does not
apply to liability for damages because
of "property damage"that the insured
would have in the absence of such
request,demand,order or statutory or
regulatory requirement,or such claim
or "suit"by or on behalf of a
governmental authority.
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BUSINESS LIABILITY COVERAGE FORM
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g.Aircraft,Auto Or Watercraft
Bodily injury"or "property damage"arising
out of the ownership,maintenance,use or
entrustment to others of any aircraft,"auto"
or watercraft owned or operated by or rented
or loaned to any insured.Use includes
operation and "loading or unloading".
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision,hiring,
employment,training or monitoring of others
by that insured,if the "occurrence"which
caused the "bodily injury"or "property
damage"involved the ownership,
maintenance,use or entrustment to others of
any aircraft,"auto"or watercraft that is
owned or operated by or rented or loaned to
any insured.
This exclusion does not apply to:
1)A watercraft while ashore on premises
you own or rent;
2)A watercraft you do not own that is:
a)Less than 51 feet long;and
b)Not being used to carry persons
for a charge;
3)Parking an "auto"on,or on the ways
next to,premises you own or rent,
provided the "auto"is not owned by or
rented or loaned to you or the insured;
4)Liability assumed under any "insured
contract"for the ownership,
maintenance or use of aircraft or
watercraft;
5)"Bodily injury"or "property damage"
arising out of the operation of any of
the equipment listed in Paragraph f.(2)
or f.(3)of the definition of "mobile
equipment";or
6)An aircraft that is not owned by any
insured and is hired,chartered or loaned
with a paid crew.However,this
exception does not apply if the insured
has any other insurance for such "bodily
injury"or "property damage",whether
the other insurance is primary,excess,
contingent or on any other basis.
h.Mobile Equipment
Bodily injury"or "property damage"
arising out of:
1)The transportation of "mobile equipment"
by an "auto"owned or operated by or
rented or loaned to any insured;or
2)The use of "mobile equipment"in,or
while in practice or preparation for,a
prearranged racing,speed or
demolition contest or in any stunting
activity.
i.War
Bodily injury","property damage"or
personal and advertising injury",however
caused,arising,directly or indirectly,out of:
1)War,including undeclared or civil war;
2)Warlike action by a military force,
including action in hindering or
defending against an actual or
expected attack,by any government,
sovereign or other authority using
military personnel or other agents;or
3)Insurrection,rebellion,revolution,
usurped power,or action taken by
governmental authority in hindering or
defending against any of these.
j.Professional Services
Bodily injury","property damage"or
personal and advertising injury"arising
out of the rendering of or failure to render
any professional service.This includes
but is not limited to:
1)Legal,accounting or advertising
services;
2)Preparing,approving,or failing to
prepare or approve maps,shop
drawings,opinions,reports,surveys,
field orders,change orders,designs or
drawings and specifications;
3)Supervisory,inspection,architectural
or engineering activities;
4)Medical,surgical,dental,x-ray or
nursing services treatment,advice or
instruction;
5)Any health or therapeutic service
treatment,advice or instruction;
6)Any service,treatment,advice or
instruction for the purpose of
appearance or skin enhancement,hair
removal or replacement or personal
grooming;
7)Optical or hearing aid services
including the prescribing,preparation,
fitting,demonstration or distribution of
ophthalmic lenses and similar
products or hearing aid devices;
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8)Optometry or optometric services
including but not limited to examination
of the eyes and the prescribing,
preparation,fitting,demonstration or
distribution of ophthalmic lenses and
similar products;
9)Any:
a)Body piercing (not including ear
piercing);
b)Tattooing,including but not limited
to the insertion of pigments into or
under the skin;and
c)Similar services;
10)Services in the practice of pharmacy;
and
11)Computer consulting,design or
programming services,including web
site design.
Paragraphs (4)and (5)of this exclusion do
not apply to the Incidental Medical
Malpractice coverage afforded under
Paragraph 1.e.in Section A.-Coverages.
k.Damage To Property
Property damage"to:
1)Property you own,rent or occupy,
including any costs or expenses
incurred by you,or any other person,
organization or entity,for repair,
replacement,enhancement,
restoration or maintenance of such
property for any reason,including
prevention of injury to a person or
damage to another's property;
2)Premises you sell,give away or
abandon,if the "property damage"arises
out of any part of those premises;
3)Property loaned to you;
4)Personal property in the care,custody
or control of the insured;
5)That particular part of real property on
which you or any contractors or
subcontractors working directly or
indirectly on your behalf are performing
operations,if the "property damage"
arises out of those operations;or
6)That particular part of any property
that must be restored, repaired or
replaced because "your work"was
incorrectly performed on it.
Paragraphs (1),(3)and (4)of this
exclusion do not apply to "property
damage"(other than damage by fire)to
premises,including the contents of such
premises,rented to you for a period of 7 or
fewer consecutive days.A separate Limit
of Insurance applies to Damage To
Premises Rented To You as described in
Section D.-Limits Of Insurance.
Paragraph (2)of this exclusion does not
apply if the premises are "your work"and
were never occupied,rented or held for
rental by you.
Paragraphs (3)and (4)of this exclusion do
not apply to the use of elevators.
Paragraphs (3),(4),(5)and (6)of this
exclusion do not apply to liability assumed
under a sidetrack agreement.
Paragraphs (3)and (4)of this exclusion do
not apply to "property damage"to
borrowed equipment while not being used
to perform operations at a job site.
Paragraph (6)of this exclusion does not
apply to "property damage"included in the
products-completed operations hazard".
l.Damage To Your Product
Property damage"to "your product"
arising out of it or any part of it.
m.Damage To Your Work
Property damage"to "your work"arising
out of it or any part of it and included in the
products-completed operations hazard".
This exclusion does not apply if the
damaged work or the work out of which
the damage arises was performed on your
behalf by a subcontractor.
n.Damage To Impaired Property Or
Property Not Physically Injured
Property damage"to "impaired property"
or property that has not been physically
injured,arising out of:
1)A defect,deficiency,inadequacy or
dangerous condition in "your product"
or "your work";or
2)A delay or failure by you or anyone
acting on your behalf to perform a
contract or agreement in accordance
with its terms.
This exclusion does not apply to the loss
of use of other property arising out of
sudden and accidental physical injury to
your product"or "your work"after it has
been put to its intended use.
437
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437 of 759
BUSINESS LIABILITY COVERAGE FORM
Page 8 of 24 Form SS 00 08 04 05
o.Recall Of Products,Work Or Impaired
Property
Damages claimed for any loss,cost or
expense incurred by you or others for the
loss of use,withdrawal,recall,inspection,
repair,replacement,adjustment,removal
or disposal of:
1)"Your product";
2)"Your work";or
3)"Impaired property";
if such product,work or property is
withdrawn or recalled from the market or
from use by any person or organization
because of a known or suspected defect,
deficiency,inadequacy or dangerous
condition in it.
p.Personal And Advertising Injury
Personal and advertising injury":
1)Arising out of oral,written or electronic
publication of material,if done by or at
the direction of the insured with
knowledge of its falsity;
2)Arising out of oral,written or electronic
publication of material whose first
publication took place before the
beginning of the policy period;
3)Arising out of a criminal act committed
by or at the direction of the insured;
4)Arising out of any breach of contract,
except an implied contract to use
another’s "advertising idea"in your
advertisement";
5)Arising out of the failure of goods,
products or services to conform with
any statement of quality or
performance made in your
advertisement";
6)Arising out of the wrong description of
the price of goods,products or services;
7)Arising out of any violation of any
intellectual property rights such as
copyright,patent,trademark,trade
name,trade secret,service mark or
other designation of origin or
authenticity.
However,this exclusion does not
apply to infringement,in your
advertisement",of
a)Copyright;
b)Slogan,unless the slogan is also
a trademark,trade name,service
mark or other designation of origin
or authenticity;or
c)Title of any literary or artistic work;
8)Arising out of an offense committed by
an insured whose business is:
a)Advertising,broadcasting,
publishing or telecasting;
b)Designing or determining content
of web sites for others;or
c)An Internet search,access,
content or service provider.
However,this exclusion does not
apply to Paragraphs a.,b.and c.
under the definition of "personal and
advertising injury"in Section G.–
Liability And Medical Expenses
Definitions.
For the purposes of this exclusion,
placing an "advertisement"for or
linking to others on your web site,by
itself,is not considered the business
of advertising,broadcasting,
publishing or telecasting;
9)Arising out of an electronic chat room
or bulletin board the insured hosts,
owns,or over which the insured
exercises control;
10)Arising out of the unauthorized use of
another's name or product in your e-mail
address,domain name or metatags,or
any other similar tactics to mislead
another's potential customers;
11)Arising out of the violation of a
person's right of privacy created by
any state or federal act.
However,this exclusion does not
apply to liability for damages that the
insured would have in the absence of
such state or federal act;
12)Arising out of:
a)An "advertisement"for others on
your web site;
b)Placing a link to a web site of
others on your web site;
c)Content from a web site of others
displayed within a frame or border
on your web site.Content includes
information,code,sounds,text,
graphics or images;or
d)Computer code,software or
programming used to enable:
i)Your web site;or
ii)The presentation or functionality
of an "advertisement"or other
content on your web site;
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13)Arising out of a violation of any anti-
trust law;
14)Arising out of the fluctuation in price or
value of any stocks,bonds or other
securities;or
15)Arising out of discrimination or
humiliation committed by or at the
direction of any "executive officer",
director,stockholder,partner or
member of the insured.
q.Electronic Data
Damages arising out of the loss of,loss of
use of,damage to,corruption of,inability
to access,or inability to manipulate
electronic data".
r.Employment-Related Practices
Bodily injury"or "personal and advertising
injury"to:
1)A person arising out of any:
a)Refusal to employ that person;
b)Termination of that person's
employment;or
c)Employment-related practices,
policies,acts or omissions,such as
coercion,demotion,evaluation,
reassignment,discipline,
defamation,harassment,humiliation
or discrimination directed at that
person;or
2)The spouse,child,parent,brother or
sister of that person as a
consequence of "bodily injury"or
personal and advertising injury"to the
person at whom any of the
employment-related practices
described in Paragraphs (a),(b),or (c)
above is directed.
This exclusion applies:
1)Whether the insured may be liable as
an employer or in any other capacity;
and
2)To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.
s.Asbestos
1)"Bodily injury","property damage"or
personal and advertising injury"
arising out of the "asbestos hazard".
2)Any damages,judgments,settlements,
loss,costs or expenses that:
a)May be awarded or incurred by
reason of any claim or suit
alleging actual or threatened injury
or damage of any nature or kind to
persons or property which would
not have occurred in whole or in
part but for the "asbestos hazard";
b)Arise out of any request,demand,
order or statutory or regulatory
requirement that any insured or
others test for,monitor,clean up,
remove,encapsulate,contain,
treat,detoxify or neutralize or in
any way respond to or assess the
effects of an "asbestos hazard";or
c)Arise out of any claim or suit for
damages because of testing for,
monitoring,cleaning up,removing,
encapsulating,containing,treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
t.Violation Of Statutes That Govern E-
Mails,Fax,Phone Calls Or Other
Methods Of Sending Material Or
Information
Bodily injury","property damage",or
personal and advertising injury"arising
directly or indirectly out of any action or
omission that violates or is alleged to
violate:
1)The Telephone Consumer Protection
Act (TCPA),including any amendment
of or addition to such law;
2)The CAN-SPAM Act of 2003,including
any amendment of or addition to such
law;or
3)Any statute,ordinance or regulation,
other than the TCPA or CAN-SPAM Act
of 2003,that prohibits or limits the
sending,transmitting,communicating or
distribution of material or information.
Damage To Premises Rented To You –
Exception For Damage By Fire,Lightning
or Explosion
Exclusions c.through h.and k.through o.do
not apply to damage by fire,lightning or
explosion to premises rented to you or
temporarily occupied by you with permission of
the owner.A separate Limit of Insurance
applies to this coverage as described in
Section D.-Liability And Medical Expenses
Limits Of Insurance.
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BUSINESS LIABILITY COVERAGE FORM
Page 10 of 24 Form SS 00 08 04 05
2.Applicable To Medical Expenses Coverage
We will not pay expenses for "bodily injury":
a.Any Insured
To any insured,except "volunteer workers".
b.Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c.Injury On Normally Occupied Premises
To a person injured on that part of
premises you own or rent that the person
normally occupies.
d.Workers'Compensation And Similar
Laws
To a person,whether or not an
employee"of any insured,if benefits for
the "bodily injury"are payable or must be
provided under a workers'compensation
or disability benefits law or a similar law.
e.Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games,sports or athletic
contests.
f.Products-Completed Operations Hazard
Included with the "products-completed
operations hazard".
g.Business Liability Exclusions
Excluded under Business Liability Coverage.
C.WHO IS AN INSURED
1.If you are designated in the Declarations as:
a.An individual,you and your spouse are
insureds,but only with respect to the
conduct of a business of which you are the
sole owner.
b.A partnership or joint venture,you are an
insured.Your members,your partners,and
their spouses are also insureds,but only with
respect to the conduct of your business.
c.A limited liability company,you are an
insured.Your members are also insureds,
but only with respect to the conduct of your
business.Your managers are insureds,but
only with respect to their duties as your
managers.
d.An organization other than a partnership,
joint venture or limited liability company,you
are an insured.Your "executive officers"and
directors are insureds,but only with respect
to their duties as your officers or directors.
Your stockholders are also insureds,but only
with respect to their liability as stockholders.
e.A trust,you are an insured.Your trustees
are also insureds,but only with respect to
their duties as trustees.
2.Each of the following is also an insured:
a.Employees And Volunteer Workers
Your "volunteer workers"only while
performing duties related to the conduct of
your business,or your "employees",other
than either your "executive officers"(if you
are an organization other than a
partnership,joint venture or limited liability
company)or your managers (if you are a
limited liability company),but only for acts
within the scope of their employment by
you or while performing duties related to
the conduct of your business.
However,none of these "employees"or
volunteer workers"are insureds for:
1)"Bodily injury"or "personal and
advertising injury":
a)To you,to your partners or
members (if you are a partnership
or joint venture),to your members
if you are a limited liability
company),or to a co-"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business,or to your other
volunteer workers"while
performing duties related to the
conduct of your business;
b)To the spouse,child,parent,
brother or sister of that co-
employee"or that "volunteer
worker"as a consequence of
Paragraph (1)(a)above;
c)For which there is any obligation
to share damages with or repay
someone else who must pay
damages because of the injury
described in Paragraphs (1)(a)or
b)above;or
d)Arising out of his or her providing
or failing to provide professional
health care services.
If you are not in the business of
providing professional health care
services,Paragraph (d)does not apply
to any nurse,emergency medical
technician or paramedic employed by
you to provide such services.
2)"Property damage"to property:
a)Owned,occupied or used by,
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BUSINESS LIABILITY COVERAGE FORM
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b)Rented to,in the care,custody or
control of,or over which physical
control is being exercised for any
purpose by you,any of your
employees","volunteer workers",
any partner or member (if you are
a partnership or joint venture),or
any member (if you are a limited
liability company).
b.Real Estate Manager
Any person (other than your "employee"or
volunteer worker"),or any organization
while acting as your real estate manager.
c.Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die,but only:
1)With respect to liability arising out of the
maintenance or use of that property;and
2)Until your legal representative has
been appointed.
d.Legal Representative If You Die
Your legal representative if you die,but
only with respect to duties as such.That
representative will have all your rights and
duties under this insurance.
e.Unnamed Subsidiary
Any subsidiary and subsidiary thereof,of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50%of the voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
3.Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership,joint venture or
limited liability company,and over which you
maintain financial interest of more than 50%of
the voting stock,will qualify as a Named
Insured if there is no other similar insurance
available to that organization.However:
a.Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period,whichever is earlier;and
b.Coverage under this provision does not
apply to:
1)"Bodily injury"or "property damage"
that occurred;or
2)"Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
4.Operator Of Mobile Equipment
With respect to "mobile equipment"registered in
your name under any motor vehicle registration
law,any person is an insured while driving such
equipment along a public highway with your
permission.Any other person or organization
responsible for the conduct of such person is
also an insured,but only with respect to liability
arising out of the operation of the equipment,and
only if no other insurance of any kind is available
to that person or organization for this liability.
However,no person or organization is an insured
with respect to:
a."Bodily injury"to a co-"employee"of the
person driving the equipment;or
b."Property damage"to property owned by,
rented to,in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
5.Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge,any person is an
insured while operating such watercraft with
your permission.Any other person or
organization responsible for the conduct of
such person is also an insured,but only with
respect to liability arising out of the operation
of the watercraft,and only if no other
insurance of any kind is available to that
person or organization for this liability.
However,no person or organization is an
insured with respect to:
a."Bodily injury"to a co-"employee"of the
person operating the watercraft;or
b."Property damage"to property owned by,
rented to,in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
6.Additional Insureds When Required By
Written Contract,Written Agreement Or
Permit
The person(s)or organization(s)identified in
Paragraphs a.through f.below are additional
insureds when you have agreed,in a written
441
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BUSINESS LIABILITY COVERAGE FORM
Page 12 of 24 Form SS 00 08 04 05
contract,written agreement or because of a
permit issued by a state or political
subdivision,that such person or organization
be added as an additional insured on your
policy,provided the injury or damage occurs
subsequent to the execution of the contract or
agreement,or the issuance of the permit.
A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.
However,no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F.–Optional Additional Insured Coverages.
a.Vendors
Any person(s)or organization(s)(referred to
below as vendor),but only with respect to
bodily injury"or "property damage"arising
out of "your products"which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury"or
property damage"included within the
products-completed operations hazard".
1)The insurance afforded to the vendor
is subject to the following additional
exclusions:
This insurance does not apply to:
a)"Bodily injury"or "property
damage"for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
b)Any express warranty
unauthorized by you;
c)Any physical or chemical change
in the product made intentionally
by the vendor;
d)Repackaging,except when
unpacked solely for the purpose of
inspection,demonstration,testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
e)Any failure to make such
inspections,adjustments,tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business,in connection
with the distribution or sale of the
products;
f)Demonstration,installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
g)Products which,after distribution
or sale by you,have been labeled
or relabeled or used as a
container,part or ingredient of any
other thing or substance by or for
the vendor;or
h)"Bodily injury"or "property
damage"arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf.However,this
exclusion does not apply to:
i)The exceptions contained in
Subparagraphs (d)or (f);or
ii)Such inspections,adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business,in
connection with the distribution
or sale of the products.
2)This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient,part or container,
entering into,accompanying or
containing such products.
b.Lessors Of Equipment
1)Any person or organization from
whom you lease equipment;but only
with respect to their liability for "bodily
injury","property damage"or
personal and advertising injury"
caused,in whole or in part,by your
maintenance,operation or use of
equipment leased to you by such
person or organization.
442
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2)With respect to the insurance afforded
to these additional insureds,this
insurance does not apply to any
occurrence"which takes place after
you cease to lease that equipment.
c.Lessors Of Land Or Premises
1)Any person or organization from
whom you lease land or premises,but
only with respect to liability arising out
of the ownership,maintenance or use
of that part of the land or premises
leased to you.
2)With respect to the insurance afforded
to these additional insureds,this
insurance does not apply to:
a)Any "occurrence"which takes
place after you cease to lease that
land or be a tenant in that
premises;or
b)Structural alterations,new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d.Architects,Engineers Or Surveyors
1)Any architect,engineer,or surveyor,but
only with respect to liability for "bodily
injury","property damage"or "personal
and advertising injury"caused,in whole
or in part,by your acts or omissions or
the acts or omissions of those acting on
your behalf:
a)In connection with your premises;
or
b)In the performance of your
ongoing operations performed by
you or on your behalf.
2)With respect to the insurance afforded
to these additional insureds,the
following additional exclusion applies:
This insurance does not apply to
bodily injury","property damage"or
personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you,including:
a)The preparing,approving,or
failure to prepare or approve,
maps,shop drawings,opinions,
reports,surveys,field orders,
change orders,designs or
drawings and specifications;or
b)Supervisory,inspection,
architectural or engineering
activities.
e.Permits Issued By State Or Political
Subdivisions
1)Any state or political subdivision,but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
2)With respect to the insurance afforded
to these additional insureds,this
insurance does not apply to:
a)"Bodily injury","property damage"
or "personal and advertising
injury"arising out of operations
performed for the state or
municipality;or
b)"Bodily injury"or "property damage"
included within the "products-
completed operations hazard".
f.Any Other Party
1)Any other person or organization who
is not an insured under Paragraphs a.
through e.above,but only with
respect to liability for "bodily injury",
property damage"or "personal and
advertising injury"caused,in whole or
in part,by your acts or omissions or
the acts or omissions of those acting
on your behalf:
a)In the performance of your
ongoing operations;
b)In connection with your premises
owned by or rented to you;or
c)In connection with "your work"and
included within the "products-
completed operations hazard",but
only if
i)The written contract or written
agreement requires you to
provide such coverage to
such additional insured;and
ii)This Coverage Part provides
coverage for "bodily injury"or
property damage"included
within the "products-
completed operations hazard".
2)With respect to the insurance afforded
to these additional insureds,this
insurance does not apply to:
Bodily injury","property damage"or
personal and advertising injury"
arising out of the rendering of,or the
failure to render,any professional
architectural,engineering or surveying
services,including:
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a)The preparing,approving,or
failure to prepare or approve,
maps,shop drawings,opinions,
reports,surveys,field orders,
change orders,designs or
drawings and specifications;or
b)Supervisory,inspection,
architectural or engineering
activities.
The limits of insurance that apply to additional
insureds are described in Section D.–Limits
Of Insurance.
How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E.–Liability And Medical Expenses
General Conditions.
No person or organization is an insured with
respect to the conduct of any current or past
partnership,joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.
D.LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
1.The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a.Insureds;
b.Claims made or "suits"brought;or
c.Persons or organizations making claims or
bringing "suits".
2.Aggregate Limits
The most we will pay for:
a.Damages because of "bodily injury"and
property damage"included in the
products-completed operations hazard"is
the Products-Completed Operations
Aggregate Limit shown in the
Declarations.
b.Damages because of all other "bodily
injury","property damage"or "personal
and advertising injury",including medical
expenses,is the General Aggregate Limit
shown in the Declarations.
This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
Location"means premises involving the
same or connecting lots,or premises
whose connection is interrupted only by a
street,roadway or right-of-way of a
railroad.
This General Aggregate limit does not
apply to "property damage"to premises
while rented to you or temporarily
occupied by you with permission of the
owner,arising out of fire,lightning or
explosion.
3.Each Occurrence Limit
Subject to 2.a.or 2.b above,whichever
applies,the most we will pay for the sum of all
damages because of all "bodily injury",
property damage"and medical expenses
arising out of any one "occurrence"is the
Liability and Medical Expenses Limit shown in
the Declarations.
The most we will pay for all medical expenses
because of "bodily injury"sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.
4.Personal And Advertising Injury Limit
Subject to 2.b.above,the most we will pay for
the sum of all damages because of all
personal and advertising injury"sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.
5.Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
property damage"to any one premis es,while
rented to you,or in the case of damage by fire,
lightning or explosion,while rented to you or
temporarily occupied by you with permission of
the owner.
In the case of damage by fire,lightning or
explosion,the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event,whether such
damage results from fire,lightning or explosion
or any combination of these.
6.How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a.The limits of insurance specified in a
written contract,written agreement or
permit issued by a state or political
subdivision;or
b.The Limits of Insurance shown in the
Declarations.
Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.
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If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit",the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or "suit".However,this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3.above.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months,starting
with the beginning of the policy period shown in the
Declarations,unless the policy period is extended
after issuance for an additional period of less than 12
months.In that case,the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
E.LIABILITY AND MEDICAL EXPENSES
GENERAL CONDITIONS
1.Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.
2.Duties In The Event Of Occurrence,
Offense,Claim Or Suit
a.Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an "occurrence"or an
offense which may result in a claim.To
the extent possible,notice should include:
1)How,when and where the "occurrence"
or offense took place;
2)The names and addresses of any
injured persons and witnesses;and
3)The nature and location of any injury
or damage arising out of the
occurrence"or offense.
b.Notice Of Claim
If a claim is made or "suit"is brought
against any insured,you or any additional
insured must:
1)Immediately record the specifics of the
claim or "suit"and the date received;
and
2)Notify us as soon as practicable.
You or any additional insured must see to
it that we receive a written notice of the
claim or "suit"as soon as practicable.
c.Assistance And Cooperation Of The
Insured
You and any other involved insured must:
1)Immediately send us copies of any
demands,notices,summonses or
legal papers received in connection
with the claim or "suit";
2)Authorize us to obtain records and
other information;
3)Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit";and
4)Assist us,upon our request,in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d.Obligations At The Insured's Own Cost
No insured will,except at that insured's own
cost,voluntarily make a payment,assume
any obligation,or incur any expense,other
than for first aid,without our consent.
e.Additional Insured's Other Insurance
If we cover a claim or "suit"under this
Coverage Part that may also be covered
by other insurance available to an
additional insured,such additional insured
must submit such claim or "suit"to the
other insurer for defense and indemnity.
However,this provision does not apply to
the extent that you have agreed in a
written contract,written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured's own insurance.
f.Knowledge Of An Occurrence,Offense,
Claim Or Suit
Paragraphs a.and b.apply to you or to
any additional insured only when such
occurrence",offense,claim or "suit"is
known to:
1)You or any additional insured that is
an individual;
2)Any partner,if you or an additional
insured is a partnership;
3)Any manager,if you or an additional
insured is a limited liability company;
4)Any "executive officer"or insurance
manager,if you or an additional
insured is a corporation;
5)Any trustee,if you or an additional
insured is a trust;or
6)Any elected or appointed offic ial,if you
or an additional insured is a political
subdivision or public entity.
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This Paragraph f.applies separately to
you and any additional insured.
3.Financial Responsibility Laws
a.When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law,the insurance
provided by the policy for "bodily injury"
liability and "property damage"liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b.With respect to "mobile equipment"to
which this insurance applies,we will
provide any liability,uninsured motorists,
underinsured motorists,no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.
4.Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a.To join us as a party or otherwise bring us
into a "suit"asking for damages from an
insured;or
b.To sue us on this Coverage Form unless
all of its terms have been fully complied
with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured;but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance.An agreed
settlement means a settlement and release of
liability signed by us,the insured and the
claimant or the claimant's legal representative.
5.Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy 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
a claim is made or "suit"is brought.
6.Representations
a.When You Accept This Policy
By accepting this policy,you agree:
1)The statements in the Declarations
are accurate and complete;
2)Those statements are based upon
representations you made to us;and
3)We have issued this policy in reliance
upon your representations.
b.Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part,we shall not deny any
coverage under this Coverage Part
because of such failure.
7.Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part,our obligations are limited as
follows:
a.Primary Insurance
This insurance is primary except when b.
below applies.If other insurance is also
primary,we will share with all that other
insurance by the method described in c.
below.
b.Excess Insurance
This insurance is excess over any of the
other insurance,whether primary,excess,
contingent or on any other basis:
1)Your Work
That is Fire,Extended Coverage,
Builder's Risk,Installation Risk or
similar coverage for "your work";
2)Premises Rented To You
That is fire,lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
3)Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
property damage"to premises rented
to you or temporarily occupied by you
with permission of the owner;
4)Aircraft,Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft,"autos"or watercraft to
the extent not subject to Exclusion g.of
Section A.–Coverages.
5)Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage"to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k.of Section A.–
Coverages.
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6)When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations,or products and completed
operations,for which you have been
added as an additional insured by that
insurance;or
7)When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.
However,the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
a)Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary.If other
insurance is also primary,we will
share with all that other insurance
by the method described in c.
below.
b)Primary And Non-Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract,written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance,this insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs (a)and (b)do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this insurance is excess,we will
have no duty under this Coverage Part to
defend the insured against any "suit"if any
other insurer has a duty to defend the
insured against that "suit".If no other
insurer defends,we will undertake to do
so,but we will be entitled to the insured's
rights against all those other insurers.
When this insurance is excess over other
insurance,we will pay only our share of
the amount of the loss,if any,that
exceeds the sum of:
1)The total amount that all such other
insurance would pay for the loss in the
absence of this insurance;and
2)The total of all deductible and self-
insured amounts under all that other
insurance.
We will share the remaining loss,if any,with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c.Method Of Sharing
If all 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.
8.Transfer Of Rights Of Recovery Against
Others To Us
a.Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment,including
Supplementary Payments,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.This condition does not
apply to Medical Expenses Coverage.
b.Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments,we
have made under this Coverage Part,we
also waive that right,provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
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F.OPTIONAL ADDITIONAL INSURED
COVERAGES
If listed or shown as applicable in the Declarations,
one or more of the following Optional Additional
Insured Coverages also apply.When any of these
Optional Additional Insured Coverages apply,
Paragraph 6.(Additional Insureds When Required
by Written Contract,Written Agreement or Permit)
of Section C.,Who Is An Insured,does not apply
to the person or organization shown in the
Declarations.These coverages are subject to the
terms and conditions applicable to Business
Liability Coverage in this policy,except as
provided below:
1.Additional Insured -Designated Person Or
Organization
WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s)or organization(s)shown in the
Declarations,but only with respect to liability
for "bodily injury","property damage"or
personal and advertising injury"caused,in
whole or in part,by your acts or omissions or
the acts or omissions of those acting on your
behalf:
a.In the performance of your ongoing
operations;or
b.In connection with your premises owned
by or rented to you.
2.Additional Insured -Managers Or Lessors
Of Premises
a.WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s)or organization(s)shown in the
Declarations as an Additional Insured -
Designated Person Or Organization;but only
with respect to liability arising out of the
ownership,maintenance or use of that part of
the premises leased to you and shown in the
Declarations.
b.With respect to the insurance afforded to
these additional insureds,the following
additional exclusions apply:
This insurance does not apply to:
1)Any "occurrence"which takes place
after you cease to be a tenant in that
premises;or
2)Structural alterations,new
construction or demolition operations
performed by or on behalf of such
person or organization.
3.Additional Insured -Grantor Of Franchise
WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s)or organization(s)shown in the
Declarations as an Additional Insured -
Grantor Of Franchise,but only with respect to
their liability as grantor of franchise to you.
4.Additional Insured -Lessor Of Leased
Equipment
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the person(s)or organization(s)
shown in the Declarations as an Additional
Insured –Lessor of Leased Equipment,
but only with respect to liability for "bodily
injury","property damage"or "personal
and advertising injury"caused,in whole or
in part,by your maintenance,operation or
use of equipment leased to you by such
person(s)or organization(s).
b.With respect to the insurance afforded to
these additional insureds,this insurance
does not apply to any "occurrence"which
takes place after you cease to lease that
equipment.
5.Additional Insured -Owners Or Other
Interests From Whom Land Has Been
Leased
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the person(s)or organization(s)
shown in the Declarations as an Additional
Insured –Owners Or Other Interests From
Whom Land Has Been Leased,but only
with respect to liability arising out of the
ownership,maintenance or use of that part
of the land leased to you and shown in the
Declarations.
b.With respect to the insurance afforded to
these additional insureds,the following
additional exclusions apply:
This insurance does not apply to:
1)Any "occurrence"that takes place
after you cease to lease that land;or
2)Structural alterations,new
construction or demolition operations
performed by or on behalf of such
person or organization.
6.Additional Insured -State Or Political
Subdivision –Permits
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
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Insured –State Or Political Subdivision -
Permits,but only with respect to
operations performed by you or on your
behalf for which the state or political
subdivision has issued a permit.
b.With respect to the insurance afforded to
these additional insureds,the following
additional exclusions apply:
This insurance does not apply to:
1)"Bodily injury","property damage"or
personal and advertising injury"
arising out of operations performed for
the state or municipality;or
2)"Bodily injury"or "property damage"
included in the "product-completed
operations"hazard.
7.Additional Insured –Vendors
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the person(s)or organization(s)
referred to below as vendor)shown in the
Declarations as an Additional Insured -
Vendor,but only with respect to "bodily
injury"or "property damage"arising out of
your products"which are distributed or
sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury"or
property damage"included within the
products-completed operations hazard".
b.The insurance afforded to the vendor is
subject to the following additional exclusions:
1)This insurance does not apply to:
a)"Bodily injury"or "property
damage"for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
b)Any express warranty
unauthorized by you;
c)Any physical or chemical change
in the product made intentionally
by the vendor;
d)Repackaging,unless unpacked
solely for the purpose of inspection,
demonstration,testing,or the
substitution of parts under
instructions from the manufacturer,
and then repackaged in the original
container;
e)Any failure to make such
inspections,adjustments,tests or
servicing as the vendor has agreed
to make or normally undertakes to
make in the usual course of
business,in connection with the
distribution or sale of the products;
f)Demonstration,installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
g)Products which,after distribution
or sale by you,have been labeled
or relabeled or used as a
container,part or ingredient of any
other thing or substance by or for
the vendor;or
h)"Bodily injury"or "property
damage"arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf.However,this
exclusion does not apply to:
i)The exceptions contained in
Subparagraphs (d)or (f);or
ii)Such inspections,
adjustments,tests or servicing
as the vendor has agreed to
make or normally undertakes
to make in the usual course of
business,in connection with
the distribution or sale of the
products.
2)This insurance does not apply to any
insured person or organization from
whom you have acquired such
products,or any ingredient,part or
container,entering into,
accompanying or containing such
products.
8.Additional Insured –Controlling Interest
WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s)or organization(s)shown in the
Declarations as an Additional Insured –
Controlling Interest,but only with respect to
their liability arising out of:
a.Their financial control of you;or
b.Premises they own,maintain or control
while you lease or occupy these premises.
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This insurance does not apply to structural
alterations,new construction and demolition
operations performed by or for that person or
organization.
9.Additional Insured –Owners,Lessees Or
Contractors –Scheduled Person Or
Organization
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the person(s)or organization(s)
shown in the Declarations as an Additional
Insured –Owner,Lessees Or Contractors,
but only with respect to liability for "bodily
injury","property damage"or "personal
and advertising injury"caused,in whole or
in part,by your acts or omissions or the
acts or omissions of those acting on your
behalf:
1)In the performance of your ongoing
operations for the additional
insured(s);or
2)In connection with "your work"
performed for that additional insured
and included within the "products-
completed operations hazard",but
only if this Coverage Part provides
coverage for "bodily injury"or
property damage"included within the
products-completed operations
hazard".
b.With respect to the insurance afforded to
these additional insureds,this insurance
does not apply to "bodily injury","property
damage"or "personal an advertising
injury"arising out of the rendering of,or
the failure to render,any professional
architectural,engineering or surveying
services,including:
1)The preparing,approving,or failure to
prepare or approve,maps,shop
drawings,opinions,reports,surveys,
field orders,change orders,designs or
drawings and specifications;or
2)Supervisory,inspection,architectural
or engineering activities.
10.Additional Insured –Co-Owner Of Insured
Premises
WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s)or Organization(s)shown in the
Declarations as an Additional Insured –Co-
Owner Of Insured Premises,but only with
respect to their liability as co-owner of the
premises shown in the Declarations.
The limits of insurance that apply to additional
insureds are described in Section D.–Limits Of
Insurance.
How this insurance applies when other insurance
is available to an additional insured is described in
the Other Insurance Condition in Section E.–
Liability And Medical Expenses General
Conditions.
G.LIABILITY AND MEDICAL EXPENSES
DEFINITIONS
1."Advertisement"means the widespread public
dissemination of information or images that
has the purpose of inducing the sale of goods,
products or services through:
a.( 1)Radio;
2)Television;
3)Billboard;
4)Magazine;
5)Newspaper;
b.The Internet,but only that part of a web
site that is about goods,products or
services for the purposes of inducing the
sale of goods,products or services;or
c.Any other publication that is given
widespread public distribution.
However,"advertisement"does not include:
a.The design,printed material,information
or images contained in,on or upon the
packaging or labeling of any goods or
products;or
b.An interactive conversation between or
among persons through a computer network.
2."Advertising idea"means any idea for an
advertisement".
3."Asbestos hazard"means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.
4."Auto"means a land motor vehicle,trailer or
semi-trailer designed for travel on public
roads,including any attached machinery or
equipment.But "auto"does not include
mobile equipment".
5."Bodily injury"means physical:
a.Injury;
b.Sickness;or
c.Disease
sustained by a person and,if arising out of the
above,mental anguish or death at any time.
6."Coverage territory"means:
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a.The United States of America (including its
territories and possessions),Puerto Rico
and Canada;
b.International waters or airspace,but only if
the injury or damage occurs in the course
of travel or transportation between any
places included in a.above;
c.All other parts of the world if the injury or
damage arises out of:
1)Goods or products made or sold by you
in the territory described in a.above;
2)The activities of a person whose home
is in the territory described in a.
above,but is away for a short time on
your business;or
3)"Personal and advertising injury"
offenses that take place through the
Internet or similar electronic means of
communication
provided the insured's responsibility to pay
damages is determined in the United States of
America (including its territories and
possessions),Puerto Rico or Canada,in a
suit"on the merits according to the
substantive law in such territory,or in a
settlement we agree to.
7."Electronic data"means information,facts or
programs:
a.Stored as or on;
b.Created or used on;or
c.Transmitted to or from
computer software,including systems and
applications software,hard or floppy disks,
CD-ROMS,tapes,drives,cells,data
processing devices or any other media which
are used with electronically controlled
equipment.
8."Employee"includes a "leased worker".
Employee"does not include a "temporary
worker".
9."Executive officer"means a person holding
any of the officer positions created by your
charter,constitution,by-laws or any other
similar governing document.
10."Hostile fire"means one which becomes
uncontrollable or breaks out from where it was
intended to be.
11."Impaired property"means tangible property,
other than "your product"or "your work",that
cannot be used or is less useful because:
a.It incorporates "your product"or "your work"
that is known or thought to be defective,
deficient,inadequate or dangerous;or
b.You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by:
a.The repair,replacement,adjustment or
removal of "your product"or "your work";
or
b.Your fulfilling the terms of the contract or
agreement.
12."Insured contract"means:
a.A contract for a lease of premises.
However,that portion of the contract for a
lease of premises that indemnifies any
person or organization for damage by fire,
lightning or explosion to p remises while
rented to you or temporarily occupied by
you with permission of the owner is
subject to the Damage To Premises
Rented To You limit described in Section
D.–Liability and Medical Expenses Limits
of Insurance.
b.A sidetrack agreement;
c.Any easement or license agreement,
including an easement or license
agreement in connection with construction
or demolition operations on or within 50
feet of a railroad;
d.Any obligation,as required by ordinance,
to indemnify a municipality,except in
connection with work for a municipality;
e.An elevator maintenance agreement;or
f.That part of any other contract or
agreement pertaining to your business
including an indemnification of a
municipality in connection with work
performed for a municipality)under which
you assume the tort liability of another
party to pay for "bodily injury"or "property
damage"to a third person or organization,
provided the "bodily injury"or "property
damage"is caused,in whole or in part,by
you or by those acting on your behalf.
Tort liability means a liability that would be
imposed by law in the absence of any
contract or agreement.
Paragraph f.includes that part of any
contract or agreement that indemnifies a
railroad for "bodily injury"or "property
damage"arising out of construction or
demolition operations within 50 feet of any
railroad property and affecting any railroad
bridge or trestle,tracks,road-beds,tunnel,
underpass or crossing.
However,Paragraph f.does not include
that part of any contract or agreement:
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BUSINESS LIABILITY COVERAGE FORM
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1)That indemnifies an architect,
engineer or surveyor for injury or
damage arising out of:
a)Preparing,approving or failing to
prepare or approve maps,shop
drawings,opinions,reports,
surveys,field orders,change
orders,designs or drawings and
specifications;or
b)Giving directions or instructions,
or failing to give them,if that is the
primary cause of the injury or
damage;or
2)Under which the insured,if an
architect,engineer or surveyor,
assumes liability for an injury or
damage arising out of the insured's
rendering or failure to render
professional services,including those
lis ted in (1)above and supervisory,
inspection,architectural or
engineering activities.
13."Leased worker"means a person leased to
you by a labor leasing firm under an
agreement between you and the labor leasing
firm,to perform duties related to the conduct of
your business."Leased worker"does not
include a "temporary worker".
14."Loading or unloading"means the handling of
property:
a.After it is moved from the place where it is
accepted for movement into or onto an
aircraft,watercraft or "auto";
b.While it is in or on an aircraft,watercraft or
auto";or
c.While it is being moved from an aircraft,
watercraft or "auto"to the place where it is
finally delivered;
but "loading or unloading"does not include the
movement of property by means of a mechanical
device,other than a hand truck,that is not
attached to the aircraft,watercraft or "auto".
15."Mobile equipment"means any of the following
types of land vehicles,including any attached
machinery or equipment:
a.Bulldozers,farm machinery,forklifts and
other vehicles designed for use principally
off public roads;
b.Vehicles maintained for use solely on or
next to premises you own or rent;
c.Vehicles that travel on crawler treads;
d.Vehicles,whether self-propelled or not,on
which are permanently mounted:
1)Power cranes,shovels,loaders,
diggers or drills;or
2)Road construction or resurfacing
equipment such as graders,scrapers
or rollers;
e.Vehicles not described in a.,b.,c.,or d.
above that are not self-propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the
following types:
1)Air compressors,pumps and
generators,including spraying,
welding,building cleaning,
geophysical exploration,lighting and
well servicing equipment;or
2)Cherry pickers and similar devices
used to raise or lower workers;
f.Vehicles not described in a.,b.,c.,or d.
above maintained primarily for purposes
other than the transportation of persons or
cargo.
However,self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment"but
will be considered "autos":
1)Equipment,of at least 1,000 pounds
gross vehicle weight,designed
primarily for:
a)Snow removal;
b)Road maintenance,but not
construction or resurfacing;or
c)Street cleaning;
2)Cherry pickers and similar devices
mounted on automobile or truck
chassis and used to raise or lower
workers;and
3)Air compressors,pumps and
generators,including spraying,
welding,building cleaning,
geophysical exploration,lighting and
well servicing equipment.
16."Occurrence"means an accident,including
continuous or repeated exposure to substantially
the same general harmful conditions.
17."Personal and advertising injury"means injury,
including consequential "bodily injury",arising
out of one or more of the following offenses:
a.False arrest,detention or imprisonment;
b.Malicious prosecution;
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c.The wrongful eviction from,wrongful entry
into,or invasion of the right of private
occupancy of a room,dwelling or
premises that the person occupies,
committed by or on behalf of its owner,
landlord or lessor;
d.Oral,written or electronic publication of
material that slanders or libels a person or
organization or disparages a person's or
organization's goods,products or services;
e.Oral,written or electronic publication of
material that violates a person's right of
privacy;
f.Copying,in your "advertisement",a
person’s or organization’s "advertising
idea"or style of "advertisement";
g.Infringement of copyright,slogan,or title of
any literary or artistic work,in your
advertisement";or
h.Discrimination or humiliation that results in
injury to the feelings or reputation of a
natural person.
18."Pollutants"means any solid,liquid,gaseous or
thermal irritant or contaminant,including smoke,
vapor,soot,fumes,acids,alkalis,chemicals and
waste.Waste includes materials to be recycled,
reconditioned or reclaimed.
19."Products-completed operations hazard";
a.Includes all "bodily injury"and "property
damage"occurring away from premises
you own or rent and arising out of "your
product"or "your work"except:
1)Products that are still in your physical
possession;or
2)Work that has not yet been completed
or abandoned.However,"your work"
will be deemed to be completed at the
earliest of the following times:
a)When all of the work called for in
your contract has been completed.
b)When all of the work to be done at
the job site has been completed if
your contract calls for work at
more than one job site.
c)When that part of the work done at
a job site has been put to its
intended use by any person or
organization other than another
contractor or subcontractor
working on the same project.
Work that may need service,maintenance,
correction,repair or replacement,but
which is otherwise complete,will be
treated as completed.
The "bodily injury"or "property damage"
must occur away from premises you own
or rent,unless your business includes the
selling,handling or distribution of "your
product"for consumption on premises you
own or rent.
b.Does not include "bodily injury"or
property damage"arising out of:
1)The transportation of property,unless
the injury or damage arises out of a
condition in or on a vehicle not owned
or operated by you,and that condition
was created by the "loading or
unloading"of that vehicle by any
insured;or
2)The existence of tools,uninstalled
equipment or abandoned or unused
materials.
20."Property damage"means:
a.Physical injury to tangible property,
including all resulting loss of use of that
property.All such loss of use shall be
deemed to occur at the time of the
physical injury that caused it;or
b.Loss of use of tangible property that is not
physically injured.All such loss of use
shall be deemed to occur at the time of
occurrence"that caused it.
As used in this definition,"electronic data"is
not tangible property.
21."Suit"means a civil proceeding in which
damages because of "bodily injury","property
damage"or "personal and advertising injury"
to which this insurance applies are alleged.
Suit"includes:
a.An arbitration proceeding in which such
damages are claimed and to which the
insured must submit or does submit with
our consent;or
b.Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits
with our consent.
22."Temporary worker"means a person who is
furnished to you to substitute for a permanent
employee"on leave or to meet seasonal or
short-term workload conditions.
23."Volunteer worker"means a person who:
a.Is not your "employee";
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b.Donates his or her work;
c.Acts at the direction of and within the
scope of duties determined by you;and
d.Is not paid a fee,salary or other
compensation by you or anyone else for
their work performed for you.
24."Your product":
a.Means:
1)Any goods or products,other than real
property,manufactured,sold,handled,
distributed or disposed of by:
a)You;
b)Others trading under your name;
or
c)A person or organization whose
business or assets you have
acquired;and
2)Containers (other than vehicles),
materials,parts or equipment
furnished in connection with such
goods or products.
b.Includes:
1)Warranties or representations made at
any time with respect to the fitness,
quality,durability,performance or use
of "your product";and
2)The providing of or failure to provide
warnings or instructions.
c.Does not include vending machines or
other property rented to or located for the
use of others but not sold.
25."Your work":
a.Means:
1)Work or operations performed by you
or on your behalf;and
2)Materials,parts or equipment
furnished in connection with such work
or operations.
b.Includes:
1)Warranties or representations made at
any time with respect to the fitness,
quality,durability,performance or use
of "your work";and
2)The providing of or failure to provide
warnings or instructions.
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First Amendment to SimpliGov Automation
Platform
Final Audit Report 2023-03-17
Created:2023-03-15
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAA_Np_2dMBBjh_aH66XZFHhCgG6cbE05GA
First Amendment to SimpliGov Automation Platform" History
Document created by City of Cupertino (webmaster@cupertino.org)
2023-03-15 - 1:07:53 AM GMT- IP address: 35.229.54.2
Document emailed to Marilyn Pavlov (marilynp@cupertino.org) for approval
2023-03-15 - 1:10:38 AM GMT
Document approved by Marilyn Pavlov (marilynp@cupertino.org)
Approval Date: 2023-03-15 - 1:11:37 AM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2023-03-15 - 1:11:39 AM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2023-03-15 - 2:55:04 PM GMT - Time Source: server- IP address: 73.170.27.253
Document emailed to Teri Gerhardt (terig@cupertino.org) for approval
2023-03-15 - 2:55:07 PM GMT
Email viewed by Teri Gerhardt (terig@cupertino.org)
2023-03-15 - 3:04:06 PM GMT- IP address: 104.47.73.254
Document approved by Teri Gerhardt (terig@cupertino.org)
Approval Date: 2023-03-15 - 3:04:16 PM GMT - Time Source: server- IP address: 73.231.141.55
Document emailed to Scott jenkins (sjenkins@simpligov.com) for signature
2023-03-15 - 3:04:18 PM GMT
Email viewed by Scott jenkins (sjenkins@simpligov.com)
2023-03-15 - 3:07:00 PM GMT- IP address: 104.47.73.126
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Document e-signed by Scott jenkins (sjenkins@simpligov.com)
Signature Date: 2023-03-15 - 3:08:10 PM GMT - Time Source: server- IP address: 73.252.242.7
Document emailed to christopherj@cupertino.org for signature
2023-03-15 - 3:08:12 PM GMT
Email viewed by christopherj@cupertino.org
2023-03-15 - 3:13:38 PM GMT- IP address: 104.47.73.254
Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2023-03-15 - 3:13:53 PM GMT- IP address: 136.24.22.194
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2023-03-15 - 3:13:55 PM GMT - Time Source: server- IP address: 136.24.22.194
Document emailed to Bill Mitchell (billm@cupertino.org) for signature
2023-03-15 - 3:13:57 PM GMT
Document e-signed by Bill Mitchell (billm@cupertino.org)
Signature Date: 2023-03-16 - 11:14:36 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2023-03-16 - 11:14:37 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2023-03-17 - 0:14:21 AM GMT- IP address: 104.47.73.126
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2023-03-17 - 0:14:29 AM GMT - Time Source: server- IP address: 162.245.20.145
Agreement completed.
2023-03-17 - 0:14:29 AM GMT
Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.
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Page 1 of 9
TECHNOLOGY SOFTWARE-AS-A-SERVICE (SaaS) AGREEMENT
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
SIMPLIGOV LLC FOR SOFTWARE-AS-A-SERVICE
THIS AGREEMENT (“Agreement”), by and between the CITY OF CUPERTINO, a
California municipal corporation ("City"), and SIMPLIGOV LLC a P Corporation whose
address is 1724 10th Street, Suite 115, Sacramento, CA 95811 ("Software Provider")
collectively referred to as the “Parties”).
RECITALS:
The following Recitals are a substantive portion of this Agreement:
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California.
B. Software Provider is specially trained, experienced, and competent to
perform the special services which will be required by this Agreement.
C. City and Software Provider desire to enter into an agreement for Software
Provider’s provision of software-as-a-service (SaaS) pertaining to City’s online systems.
Through this Agreement, Software Provider shall provide to City SimpliGov Workflow
Automation Services relating to the City’s network. The full scope of services covered by
this agreement is described in the attached Exhibit A: Service Level Agreement (the
SLA”).
NOW, THEREFORE, the Parties mutually agree as follows:
1. TERM
The term of this Agreement shall commence on the last date signed below
Effective Date”). The term of this Agreement is 3 years, unless the Agreement is
terminated prior thereto under the provisions of Section 16, below. The City’s
appropriate department head or the City Manager may extend the Term 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. SCOPE OF SERVICES AND CONDITIONS THEREOF
Subject to the terms and conditions set forth in this Agreement, Software Provider
shall perform each and every service to the schedule of performance set forth in
the SLA (collectively “Services”), as described below.
A. Responsibilities of Software Provider. Software Provider shall provide the
software services as further described in the SLA. The Services provided under this
Agreement shall include (a) any software, plug-ins, or extensions related to the
Services or upon which the Services are based including any and all updates,
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upgrades, bug fixes, dot releases, version upgrades, or any similar changes that may
be made available to the Software Provider from time to time (the “Software”), (b)
any and all technical documentation necessary or use of the Services, in hard copy
form or online (the “Documentation”), (c) regular maintenance of Software
Provider’s system, and (d) other technology, user interfaces, know-how, and other
trade secrets, techniques, designs, inventions, data, images, text, content, APIs, and
tools provided in conjunction with the Services.
B. Equipment. If necessary to enable Software Provider to fulfill its obligations under
the SLA, Software Provider shall, at its sole cost and expense, furnish all facilities,
personnel and equipment to City necessary to provide the Services (the
Equipment”). City agrees, if necessary, to install the Equipment at the location(s)
and in the manner specified by Software Provider and as directed by Software
Provider. Any Equipment installed by City is a part of the Service and loaned to
City by Software Provider, not sold. City agrees to return the Equipment to
Software Provider at the termination of this Agreement in an undamaged condition,
less ordinary wear and tear.
C. Registration. Prior to using the Services, City shall identify the administrative
users for its account (“Administrators”). Each Administrator will be provided an
administrator ID and password.
D. License Grant. Software Provider hereby grants City a license to use the Software
and the Documentation for the permitted purpose of accessing the Services.
E. Reservation of Rights and Data Ownership. City shall own all right, title, and
interest in its data that is related to the services provided by this contract. Software
Provider shall not access City user accounts or City data, except (1) as essential to
fulfillment of the objectives of this Agreement, (2) in response to service or
technical issues, or (3) at City’s written request.
F. Data Protection. In carrying out the Services, Software Provider shall endeavor
to protect the confidentiality of all confidential, non-public City data (“City Data”)
as follows:
1. Implement and maintain appropriate security measures to safeguard against
unauthorized access, disclosure, or theft of City Data in accordance with
recognized industry practice.
2. City Data shall be encrypted at rest and in transit with controlled access.
Unless otherwise stipulated, Software Provider is responsible for encryption
of the City Data.
3. Software Provider shall not use any City Data collected by it in connection
with the Service for any purpose other than fulfilling the obligations under
this Agreement.
G. Software Ownership. Software Provider owns the Services, Software,
Documentation, and any underlying infrastructure provided by Service Provider in
connection with this Agreement. City acknowledges and agrees that (a) the
Services, any Software, and Documentation are protected by United States and
international copyright, trademark, patent, trade secret, and other intellectual
property or proprietary rights laws, (b) Software Provider retains all right, title, and
interest (including, without limitation, all patent, copyright, trade secret, and other
intellectual property rights) in and to the Services, the Software, any
Documentation, any other deliverables, any and all related and underlying
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technology and any derivative works or modifications of any of the foregoing,
including, without limitation, (c) the Software and access to the Services are
licensed on a subscription basis, not sold, and City acquires no ownership or other
interest in or to the Services, the Software, or the Documentation other than the
license rights expressly stated herein, and (d) the Services are offered as an on-line,
hosted solution, and that City has no right to obtain a copy of the Services.
H. Restrictions. City agrees not to, directly or indirectly,: (i) modify, translate, copy,
or create derivative works based on the Service or any element of the Software, (ii)
interfere with or disrupt the integrity or performance of the Services or the data
contained therein or block or disrupt any use or enjoyment of the Services by any
third party, (iii) attempt to gain unauthorized access to the Services or their related
systems or networks or (iv) remove or obscure any proprietary or other notice
contained in the Services, including on any reports or data printed from the
Services.
I. Security Incident. In the event a data breach occurs with respect to City Data,
Software Provider shall immediately notify the appropriate City contact by
telephone in accordance with the agreed upon security plan or security procedures
if it reasonably believes there has been a security incident. Software Provider shall
1) cooperate with City to investigate and resolve the data breach, (2) promptly
implement necessary remedial measures, if necessary, and (3) document responsive
actions taken related to the data breach, including any post-incident review of
events and actions taken to make changes in business practices in providing the
services, if necessary.
J. Notification of Legal Requests. Software Provider shall contact City upon receipt
of any electronic discovery, litigation holds, discovery searches, and expert
testimonies related to City Data. Software Provider shall not respond to subpoenas,
service of process, and other legal requests related to City without first notifying
City, unless prohibited by law from providing such notice.
K. Access to Security Logs and Reports. Software Provider shall provide reports to
City in a format as specified in the SLA agreed to by both Software Provider and
City. Reports shall include latency statistics, user access, user access IP address,
user access history, and security logs for all City files related to this Agreement.
L. Responsibilities and Uptime Guarantee. Software Provider shall be responsible
for the acquisition and operation of all hardware, software, and network support
related to the services being provided. The technical and professional activities
required for establishing, managing and maintaining the environments are the
responsibilities of Software Provider. The system shall be available for City’s use
on a 24/7/365 basis (with agreed-upon maintenance downtime).
M. Subcontractor Disclosure. Software Provider shall identify all of its strategic
business partners related to services provided under this Agreement, including all
subcontractors or other entities or individuals who may be a party to a joint venture
or similar agreement with Software Provider, and who shall be involved in any
application development and/or operations.
N. Business Continuity and Disaster Recovery. Software Provider shall provide to
City a written business continuity and disaster recovery plan prior to or at the time
of execution of this agreement and shall ensure that it meets City’s recovery time
objective (RTO) of four (4) hours or less.
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O. Compliance with Accessibility Standards. Software Provider shall comply with
and adhere to the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101).
P. Web Services. Software Provider shall use Web services exclusively to interface
with City Data in near real time when possible.
Q. Encryption of Data at Rest. Software Provider shall ensure hard drive encryption
consistent with validated cryptography standards as referenced in FIPS 140-2,
Security Requirements for Cryptographic Modules for all personal data, unless City
approves the storage of personal data on Software Provider’s portable device in
order to accomplish work as defined in the statement of work.
3. COMPENSATION TO SOFTWARE PROVIDER
Software Provider shall be compensated for services performed pursuant to this
Agreement in a total amount not to exceed ninety thousand ($90,000.00) dollars.
The payments specified in this section shall be the only payments to be made to
Software Provider for services rendered pursuant to this Agreement. Software
Provider shall invoice City according to the following schedule of
milestones/deliverables:
Milestone/Deliverable Total Amount
Upon Contract Execution 30,000.00
Upon FY23 Third Quarter 30,000.00
Upon FY24 Third Quarter 30,000.00
90,000.00
City shall pay Contractor within thirty (30) days after receipt of Service Provider’s
invoice. City shall return to Contractor any payment request determined not to be a
proper payment request as soon as practicable, but not later than seven (7) days
after receipt, and shall explain in writing the reasons why the payment request is
not proper.
4. TIME IS OF THE ESSENCE
Software Provider and City agree that time is of the essence regarding the
performance of this Agreement.
5. LICENSES; PERMITS; ETC.
Software Provider represents and warrants to City that it has all licenses, permits,
qualifications, and approvals of whatsoever nature which are legally required to
carry out the purposes of this Agreement.
6. ASSIGNMENTS. Software Provider may assign, sublease, or transfer this
Agreement, or any interest therein, to a third party with the prior written co nsent
of City. Such consent shall not be unreasonably withheld. City’s withholding of
consent shall be deemed reasonable if it appears that the intended assignee in
question is not financially or technically capable of performing Software
Provider’s obligations under this Agreement, or if City has reason to conclude that
the proposed assignee is otherwise incapable of fulfilling Software Provider’s
duties hereunder.
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7. INDEPENDENT PARTIES
City and Software Provider intend that the relationship between them created by
this Agreement is that of independent contractor. No civil service status or other
right of employment will be acquired by virtue of Software Provider's services.
None of the benefits provided by City to its employees, including but not limited to
unemployment insurance, workers' compensation plans, vacation, and sick leave
are available from City to Software Provider, its employees, or agents. Software
Provider is not a "public official" for purposes of Government Code §§ 87200 et
seq.
8. IMMIGRATION REFORM AND CONTROL ACT (IRCA)
Software Provider assumes any and all responsibility for verifying the identity and
employment authorization of all of his/her employees performing work hereunder,
pursuant to all applicable IRCA or other federal or state rules and regulations.
Software Provider shall indemnify and hold City harmless from and against any
loss, damage, liability, costs, or expenses arising from any noncompliance of thi s
provision by Software Provider.
9. NON-DISCRIMINATION
Consistent with City's policy prohibiting harassment and discrimination, Software
Provider agrees that neither it nor its employee or subcontractors shall harass or
discriminate against a job applicant, a City employee, or a citizen on the basis of
race, religious creed, color, national origin, ancestry, handicap, disability, marital
status, pregnancy, sex, age, sexual orientation, or any other protected class status.
Software Provider agrees that any and all violations of this provision shall
constitute a material breach of this Agreement. Software provider agrees to provide
records and documentation to the City on request necessary to monitor compliance
with this provision.
10. INTELLECTUAL PROPERTY INDEMNIFICATION
Software Provider agrees to, at its expense, defend and/or settle any claim made by
a third party against City alleging that the City's use of the Services infringes such
third party’s United States patent, copyright, trademark, or trade secret (an “IP
Claim”), and pay those amounts finally awarded by a court of competent
jurisdiction against City with respect to such IP Claim.
11. DUTY TO INDEMNIFY AND HOLD HARMLESS
Software Provider shall indemnify, defend, and hold harmless City and its officers,
officials, agents, employees, and volunteers from and against any and all liability,
claims, actions, causes of action, or demands whatsoever against any of them,
including for any injury to or death of any person or damage to property or other
liability of any nature, whether physical, emotional, consequential, or otherwise,
arising out of, pertaining to, or related to the performance of this Agreement by
Software Provider or Software Provider’s employees, officers, officials, agents, or
subcontractors, except where such liability arises solely as a result of the active
negligence or willful misconduct of City. Such costs and expenses shall include
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Page 6 of 9
reasonable attorneys’ fees of counsel of City’s choice, expert fees, and all other
costs and fees of litigation.
Provider 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.
The provisions of this Section 11 survive the completion of the Services or
termination of this Agreement.
12. INSURANCE:
A. General Requirements. On or before the commencement of the term of this
Agreement, Software Provider shall furnish City with certificates showing the type,
amount, class of operations covered, effective dates, and dates of expiration of
insurance coverage in compliance with the requirements listed in Exhibit B.
Software Provider shall maintain in force at all times during the performance of this
Agreement all appropriate coverage of insurance required by this Agreement.
B. Subrogation Waiver. Software Provider agrees that in the event of loss due
to any of the perils for which it has agreed to provide comprehensive general and
automotive liability insurance, Software Provider shall look solely to its insurance
for recovery. Software Provider hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to either
Software Provider or City with respect to the services of Software Provider herein,
a waiver of any right to subrogation which any such insurer of said Software
Provider may acquire against City by virtue of the payment of any loss under such
insurance.
13. RECORDS
Software Provider shall maintain internal records reflecting that the Services were
performed by Software Provider hereunder in accordance with customary
recordkeeping practices in the software development industry. Software Provider
shall provide free access to such records to the representatives of City or its
designee’s at all reasonable and proper times, and gives City the right to examine
and audit same, and to make transcripts therefrom as necessary. No such
examination and audit shall give City the right to access records relating to other
Software Provider customers. Such records shall be maintained for a period of four
4) years after Software Provider receives final payment from City for all services
required under this Agreement.
14. NONAPPROPRIATION
This Agreement is subject to the fiscal provisions of the Cupertino Municipal Code,
and this Agreement will terminate without any penalty (a) at the end of any fiscal
year in the event that funds are not appropriated for the following fiscal year, or (b)
at any time within a fiscal year in the event that funds are only appropriated for a
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portion of the fiscal year and funds for this Agreement are no longer available. This
Section shall take precedence in the event of a conflict with any other covenant,
term, condition, or provision of this Agreement.
15. 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
5th) calendar day after deposit in the United States Mail, postage prepaid,
registered or certified, or the next business day following electronic submission:
TO CITY:
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
Attention: Bill Mitchell
TO SOFTWARE PROVIDER:
SimpliGov LLC
1724 10th Street, Suite 115
Sacramento, CA 95811
Attention: Troy Bare
16. TERMINATION
A. Basis for Termination. In the event Software Provider fails or refuses to
perform any of the provisions hereof at the time and in the manner required
hereunder, Software Provider shall be deemed in default in the performance of this
Agreement. If Software Provider fails to cure the default within the time specified
and according to the requirements set forth in City’s written notice of default, and
in addition to any other remedy available to the City by law, the City Manager or
her designee may terminate the Agreement by giving Software Provider written
notice thereof, which shall be effective immediately. The City Manager or her
designee shall also have the option, at her sole discretion and without cause, of
terminating this Agreement by giving seven (7) calendar days' prior written notice
to Software Provider as provided herein. Upon receipt of any notice of termination,
Software Provider shall immediately discontinue performance.
B. Pro Rata Payments. City shall pay Software Provider for services
satisfactorily performed up to the effective date of termination. In such event, a
calculation of the amounts due shall be deemed correct as computed on a pro rata
basis with compensation provided for the period of service paid as a percentage of
the total contract amount.
C. Handling of City Data. In the event of a termination of this Agreement,
Software Provider shall implement an orderly return of City data in a CSV or
another mutually agreeable format at a time agreed to by the parties and the
subsequent secure disposal of City data. During any period of service suspension,
Software Provider shall not take any action to intentionally erase any City data for
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a period of thirty (30) days after the effective date of termination, unless authorized
by City. City shall be entitled to any post-termination assistance generally made
available with respect to the Services; unless a unique data retrieval arrangement
has been established as part of the SLA. Software Provider shall securely dispose
of all requested data in all of its forms, including disk, CD/DVD, backup tape, and
paper, when requested by City. Data shall be permanently deleted and shall not be
recoverable, according to National Institute of Standards and Technology (NIST)-
approved methods. Certificates of destruction shall be provided to City.
17. WARRANTY AND WARRANTY DISCLAIMER
Software Provider warrants that, (i) the Services shall be provided in a diligent,
professional, and workmanlike manner in accordance with industry standards, (ii)
the Services provided under this Agreement do not infringe or misappropriate any
intellectual property rights of any third party, and (iii) the Services shall
substantially perform in all material respects as described in the SLA. In the event
of any breach of section (iii), above, Software Provider shall, as its sole liability
and as City’s sole remedy, repair or replace the Services that are subject to the
warranty claim at no cost to City, or if Software Provider is unable to repair or
replace, then it will refund any pre-paid fees for services not rendered. Except for
the warranty described in this section, the Services are provided without warranty
of any kind, express or implied, including, butnot limited to, the implied warranties
or conditions of design, merchantability, fitness for a particular purpose, and any
warranties of title and non-infringement.
18. COMPLIANCE
Software Provider shall comply with all state or federal laws and all ordinances,
rules, policies, and regulations enacted or issued by City.
19. CONFLICT OF LAW
This Agreement shall be interpreted under, and enforced 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 suits brought pursuant to this Agreement shall be
filed with the Superior Court for the County of Santa Clara, State of California.
20. ADVERTISEMENT
Software Provider shall not post, exhibit, or display, or allow to be posted,
exhibited, or displayed, any signs, advertising, show bills, lithographs, posters, or
cards of any kind pertaining to the services performed under this Agreement unless
prior written approval has been secured from City to do otherwise.
21. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement
or implied covenant shall be held to vary the provisions hereof. Any modification
of this Agreement will be effective only by written execution signed by both City
and Software Provider. In the event that any Service Level Agreement, Exhibit,
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associated instrument, or agreement executed by the Parties in conjunction with
this Agreement or prior thereto contains a term that conflicts with the terms of this
Agreement, the terms of this Agreement shall govern and supersede any other
document or Exhibit.
22. AUTHORITY
The individual(s) executing this Agreement represent and warrant that they have
the legal capacity and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed.
CITY OF CUPERTINO
A Municipal Corporation
By ___________________
Title ___________________
Date __________________
APPROVED AS TO FORM:
Christopher D. Jensen
City Attorney
ATTEST:
City Clerk
Date
SOFTWARE PROVIDER
SIMPLIGOV LLC
By ___________________
Title ___________________
Date __________________
COO
Mar 29, 2022
Christopher D. Jensen
Acting CTO
Mar 30, 2022
Mar 30, 2022
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Contact Name
Contact Title
Company
Address Address
Phone
Email
Unit Price Term (Yrs)Quantity Extended Price
1 20,000.00$ 1.00 1 20,000$
2 200.00$ - 50 10,000$
20,000$
10,000$
30,000$
1 20,000.00$ 1.00 1 20,000$
2 200.00$ - 50 10,000$
20,000$
10,000$
30,000$
1 20,000.00$ 1.00 1 20,000$
2 200.00$ - 50 10,000$
20,000$
10,000$
30,000$
Additional storage is available if needed at $3k/TB
Total Implementation Price
Total Year 3 Price
SAPGOVPL
Year 3: SimpliGov Automation Platform Base Subscription includes unlimited workflows
and analytics bundle 12 month subscription. Includes 20,000 transactions and .25 TBs
of storage.* Hosted in the Azure Government Cloud and includes 4 environments
staging, preproduction, training and production).
SAPPROSVC
SimpliGov Platform Success (Per hour) - Provides SimpliGov Automation Platform
implementation, training, supervision, program implementation, project development &
management, design, configuration, product development support across multi-functional
project implementation teams. Work to be directed and approved by customer.
Total Year 3 Subscription Price
SKU
SAPGOVPL
SAPPROSVC
SAPGOVPL
Year 2: SimpliGov Automation Platform Base Subscription includes unlimited workflows
and analytics bundle 12 month subscription. Includes 20,000 transactions and .25 TBs
of storage.* Hosted in the Azure Government Cloud and includes 4 environments
staging, preproduction, training and production).
SAPPROSVC
SimpliGov Platform Success (Per hour) - Provides SimpliGov Automation Platform
implementation, training, supervision, program implementation, project development &
management, design, configuration, product development support across multi-functional
project implementation teams. Work to be directed and approved by customer.
Total Year 2 Subscription Price
Total Implementation Price
Total Year 2 Price
Phone 408. 777.3311 916. 712.0793
Email terig@cupertino.org tbare@simpligov.com
Description
Year 1: SimpliGov Automation Platform Base Subscription includes unlimited workflows
and analytics bundle 12 month subscription. Includes 20,000 transactions and .25 TBs
of storage.* Hosted in the Azure Government Cloud and includes 4 environments
staging, preproduction, training and production).
SimpliGov Platform Success (Per hour) - Provides SimpliGov Automation Platform
implementation, training, supervision, program implementation, project development &
management, design, configuration, product development support across multi-functional
project implementation teams. Work to be directed and approved by customer.
Total Year 1 Price
Total Implementation Price
Total Year 1 Subscription Price
Statement of Work
Customer Details SimpliGov Sales Representative Details
Contact Name Teri Gerhardt Troy Bare
1724 10th Street, Suite 115, Sacramento, CA 95811
Contact Title Manager-Innovation Technology Regional Sales Director
Organization City of Cupertino SimpliGov, LLC
EXHIBIT A
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Technical Support Service Guidelines
Priority Response
Time
Target
Resolution
Time
Priority 1/ -
ASAP
4 business
hours
1 business
day
Priority 1 1 business
day
10 business
days
Priority 2 2 business
days
15 business
days
Priority 3 5 business
days One month
Service Level Agreement
A.The Services will be accessible 98% of the time, 7 days per week, and 24 hours per day (“Uptime Commitment”), as calculated over a calendar month. Uptime Commitment shall not apply to, and SimpliGov will not
be responsible for, any downtime which: 1) lasts less than 15 minutes; 2) results from Scheduled Downtime; 3) results from the failure of communication or telephone access service or other outside service or equipment
or software not the fault of SimpliGov, including without limitation general network outages; 4) is caused by a third party not under SimpliGov’s control; 5) is a result of causes beyond the reasonable control of SimpliGov;
or 6) results from failures of the system or the Client API Kit.
B.If SimpliGov fails to meet its Uptime Commitment in any given month, Client’s sole remedy and SimpliGov’s entire liability will be for SimpliGov to credit Client’s account with “Service Level Credits”, to be applied
against Client’s next billing period as follows:
C. To receive a Service Level Credit, Client must submit a written request for a Service Level Credit to Client’s designated account manager or the SimpliGov support team. To be eligible, the request must (i) include
the dates and times of each incident of downtime experienced by Client in the preceding month; and (ii) be received by SimpliGov within ten business days after the end of the billing cycle in which the downtime occurred.
D. Upon receipt of a Service Level Credit request in compliance with the above requirements, SimpliGov shall have 30 days to review the request and to validate the information provided. If SimpliGov determines in
good faith that the Services failed to meet the Uptime Commitment as alleged in such a request, then SimpliGov will apply such Service Level Credits to Client’s immediately succeeding billing period. Client’s failure to
comply with the provisions of Section 2.C. above will disqualify it from receiving a Service Level Credit.
1. Scheduled Downtime. When needed, SimpliGov will schedule downtime for routine maintenance or system upgrades (“Scheduled Downtime”) for the Service. SimpliGov shall exercise commercially
reasonable efforts to schedule Scheduled Downtime outside of peak traffic periods. SimpliGov will use commercially reasonable efforts to notify Client’s designated contact at least one calendar week prior to the
occurrence of Scheduled Downtime.
2. Uptime Commitment.
1 hours to 2 hours
2 hours to 24 hours
Service Level Credits
1 day prorated monthly Subscription Fees
3 days prorated monthly Subscription Fees
No. of Hours Below Uptime Commitment
5. Client Responsibilities. During the Subscription Term, Client shall: (i) provide supervision, control and management of the use of the SimpliGov Automation Platform Services; (ii) document and promptly report
all errors or malfunctions; and (iii) take all steps reasonably necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures have been received from
SimpliGov.
The issue renders the mission critical real-time processing features and functionalities of the SimpliGov Automation Platform
Services completely unavailable, unresponsive, or inoperable, and there is no workaround.
Description
Process cannot complete and there is no workaround, but the condition does not interrupt all functions of the SimpliGov
Automation Platform Services.
Process cannot complete, but there is a workaround that allows Client to use the SimpliGov Automation Platform Services.
This priority addresses “cosmetic” type calls with no financial or processing impact.
1. Liaison. Client will appoint a technical liaison to communicate with SimpliGov with respect to the resolution of technical problems (the “Liaison”), who shall complete reasonable training with SimpliGov to enable
the Liaison to train users and correct problems caused by user error, assist users with the resolution of known issues, and obtain sufficient information from user’s to adequately report problems to SimpliGov. Client may
change such liaison from time to time at reasonable intervals upon written notice to SimpliGov and completion of applicable training by the successor Liaison. SimpliGov will not be obligated to respond or provide
technical support to any person other than the designated liaison.
2. Technical Support Hours and Methods. SimpliGov shall use commercially reasonable efforts to provide email and phone technical support to Client’s Liaison during regular business hours, M-F 9 a.m. to 5
p.m. Pacific Time. Problems may be reported any time, however, SimpliGov will not be obligated to assign work after business hours (9 a.m. to 5 p.m. Pacific Time) to problems that are not classified as Priority 1/ASAP.
3. Holidays. SimpliGov observes the following holidays: New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve Day, and
Christmas Day.
4. Priority. Upon receiving a call or request, SimpliGov will classify and prioritize the problem according to the following criteria (it being understood that in the event that SimpliGov completes a workaround that
relegates the applicable problem to a lower priority level, the service levels applicable to that lower priority level will apply going forward):
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Contract No. ________
Exhibit B: Insurance Requirements and Proof of Insurance
Proof of insurance coverage described below is attached to this Exhibit, with City named as
additional insured.
1. MINIMUM SCOPE AND LIMITS OF REQUIRED INSURANCE POLICIES
Additional Insureds:
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
Commercial General Liability and Cyber 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
Software Provider’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.
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.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of
City for all work performed by Software Provider, its employees, agents, and subconsultants.
General Liability:
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 Software Provider’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).
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Contract No. ________
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 Agreement. 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.
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.
Cyber Liability:
Insurance, with limits not less than:
2,000,000 each occurrence
2,000,000 aggregate - all other
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by
Software Provider in this Agreement and shall include, but not be limited to, claims involving
infringement of intellectual property, including but not limited to infringement of copyright,
trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction
of electronic information, release of private information, alteration of electronic information,
extortion, and network security. The policy shall provide coverage for breach response costs as
well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient
to respond to these obligations.
If the Software Provider maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or higher limits
maintained by the Software Provider. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
2. ABSENCE OF INSURANCE COVERAGE.
City may direct Software Provider to immediately cease all activities with respect to this
Agreement if it determines that Software Provider fails to carry, in full force and effect, all
insurance policies with coverages at or above the limits specified in this Agreement. At the
City’s discretion, under conditions of lapse, Cit y may purchase appropriate insurance and charge
all costs related to such policy to Software Provider.
3. PROOF OF INSURANCE COVERAGE AND COVERAGE VERIFICATION.
A Certificate of Insurance, on an Accord form, and completed coverage verification shall be
provided to City by each of Software Provider's insurance companies as evidence of the
stipulated coverages prior to the Commencement Date of this Agreement , and annually
thereafter for the term of this Agreement. All of the insurance companies providing insurance
for Software Provider shall be licensed to do insurance business in the State of California and shall
have, and provide evidence of, a Best Rating Service rate of A:VII or above.
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Contract No. ________
4. SUBCONTRACTORS
Software Provider 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.
5. HIGHER INSURANCE LIMITS
If Software Provider 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 Software
Provider.
6. 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.
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ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF POLICYEXPTYPEOFINSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TORENTEDCLAIMS-MADE OCCUR $
PREMISES (Ea occurrence)
MED EXP (Any one person)$
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OPAGGJECT
OTHER:$
COMBINED SINGLE LIMIT
Ea accident)
ANY AUTO BODILY INJURY (Per person)$
OWNED SCHEDULED
BODILY INJURY (Per accident)$AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident)
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICYLIMITDESCRIPTIONOFOPERATIONSbelow
INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
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.
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).
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
The ACORD name and logo are registered marks of ACORD
3/22/2022
License # 0757776
415) 276-2800 (951) 231-2572
11000
SimpliGov LLC
1724 10th Street, Suite 115
Sacramento, CA 95811
11770
914
15792
A 2,000, 000
X X 57SBABK7085 6/25/2021 6/25/2022 1,000, 000
10,000
2,000, 000
4,000, 000
4,000, 000
1,000,000B
01856800-4 2/26/2022 8/26/2022
3,000,000A
57SBABK7085 6/25/2021 6/25/2022 3,000, 000
10,000
C
X 57WECAB5D4X 5/11/2021 5/11/2022 1,000, 000
Y
1,000, 000
1,000, 000
D Cyber / E&O W23C0F210401 7/6/2021 Limit 5,000, 000
Revised 3/22/2022 - This certificate rescinds and supersedes any and all prior certificates issued on behalf of the Named Insured.
City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are Additional Insured with regard to the General Liability
policy, per the attached endorsement form SS 12 11 04 05 T. Waiver of Subrogation applies to the General Liability policy, when required by written contract,
per the attached endorsement form SS 00 08 04 05. Waiver of Subrogation with regard to Workers Compensation applies when required by written contract
per the attached endorsement form WC 04 03 06. Endorsement attached for Name change of the Insured.
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3202
SIMPLIG-01 KCHANDRA
HUB International Insurance Services Inc.
PO Box 4047
Concord, CA 94524-4047
Wendy Delgado
cal.cpu@hubinternational.com
Sentinel Insurance Company, Ltd.
United Financial Casualty Company
Hartford Insurance Group
Lloyd's of London
X
7/6/2022
X
X
X
X
X
X
X
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REGIONAL OFFICE INSTRUCTION SHEET
POLICY NUMBER:57 SBA BK7085 SC
CHANGE NUMBER:003
CHANGE EFF DATE:03/ 15/ 22
ROUTING INSTRUCTIONS
SEND TO RECORDS.TRANSFER CORR IF APPLICABLE.
TERMINAL ID:TCPC2023 OPER INIT:JMO
03/ 16/ 22 57 SBA BK7085 SC (06/ 25/ 22)PAGE 1
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POLICY FACE SHEET
85
70 INSURER:
BK SENTINEL INSURANCE COMPANY,LIMITED
SBA
CHANGE NO.:003
CHANGE EFF DATE:03/ 15/ 22
POLICY NO.57 SBA BK7085 SC RECORDS RETENTION -PERMANENT
DECLARATIONS
ITEMS
1.NAMED INSURED AND SIMPLIGOV,LLC
MAILING ADDRESS:1724 10TH ST UNIT 115
SACRAMENTO,SACRAMENTO
CA.95811
2.POLICY PERIOD:06/ 25/ 21 06/ 25/ 22 1
INCEPTION EXPIRATION YEAR
AGENT'S CODE:555593
AGENT'S NAME:HUB INTERNATIONAL INS SERVICES INC
PREVIOUS POLICY NO.57 SBA BK7085
3.THE NAMED INSURED IS:LIMITED LIAB CORP
POLICY STATUS:ACTIVE
LOB LEVEL OF SUPPORT:SP-S
MARKET SEGMENTATION:830
AUDIT PERIOD:ANNUAL
SELECT CUSTOMER
DIRECT ACCOUNT BILL NUMBER -15412462
DEDUCTIBLE
ADDITIONAL INSURED(S)
CODING ENTRY NOT REQUIRED
TRANS TYPE:ENDT CNTL#:004
POLICY FACE SHEET TERMINAL ID:TCPC2023 PAGE 2
03/ 16/ 22 57 SBA BK7085 SC (06/ 25/ 22)
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001 (CONTINUED ON NEXT PAGE)
03/ 16/ 22 06/25/ 21
06/25/ 22
57 SBA BK7085 SC
SIMPLIGOV,LLC
1724 10TH ST UNIT 115
SACRAMENTO CA 95811
03/ 15/ 22
003
HUB INTERNATIONAL INS SERVICES INC
555593
SENTINEL INSURANCE COMPANY,LIMITED
ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING
STATEMENT.IF YOU ARE ENROLLED IN REPETITIVE EFT DRAWS FROM YOUR BANK
ACCOUNT,CHANGES IN PREMIUM WILL CHANGE FUTURE DRAW AMOUNTS.
THIS IS NOT A BILL.
NO PREMIUM DUE AS OF POLICY CHANGE EFFECTIVE DATE
BUSINESS LIABILITY OPTIONAL COVERAGES ARE REVISED
ADDITIONAL INSURED(S)ARE ADDED
THE FOLLOWING ARE ADDITIONAL INSURED FOR BUSINESS LIABILITY COVERAGE IN
THIS POLICY.
LOCATION 001 BUILDING 001
PERSON/ORGANIZATION:SEE FORM IH 12 00
FORM NUMBERS OF ENDORSEMENTS REVISED AT ENDORSEMENT ISSUE:
PRO RATA FACTOR:0.279
THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN.
Form SS 12 11 04 05 T Page
Process Date:Policy Effective Date:
Policy Expiration Date:
475
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002
03/ 16/ 22 06/25/ 21
06/25/ 22
57 SBA BK7085
003
IH12001185 ADDITIONAL INSURED -PERSON-ORGANIZATION
Form SS 12 11 04 05 T Page
Process Date:Policy Effective Date:
Policy Expiration Date:
POLICY CHANGE (Continued)
Policy Number:
Policy Change Number:
476
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57 SBA BK7085
ADDITIONAL INSURED -PERSON-ORGANIZATION
LOC 001 BLDG 001
THE CITY OF CUPERTINO,ITS CITY COUNCIL,OFFICERS,OFFICIALS,
EMPLOYEES,AGENTS,SERVANTS AND VOLUNTEERS
10300 TORRE AVENUE
CUPERTINO,CA 95014
003 001
03/16/ 22 06/ 25/ 22
477
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PRODUCER'S FACT SHEET
NAMED INSURED:SIMPLIGOV,LLC
POL #:57 SBA BK7085 SC
PRODUCER'S NAME:PRODUCER'S CODE:555593
HUB INTERNATIONAL INS SERVICES INC
POL EFF DATE:06/ 25/ 21 POL EXP DATE:06/ 25/ 22 TRANS EFF DATE:03/ 15/ 22
DIRECT ACCOUNT BILL NUMBER -15412462
TRANSACTION TYPE:ENDORSEMENT CHANGE NO.:003
ENDORSEMENT PREMIUM:$0.00
NON-PREMIUM BEARING
FORM TITLE
SS 12 11 04 05 POLICY CHANGE
IH 12 00 11 85 ADDITIONAL INSURED -PERSON-ORGANIZATION
PRODUCER'S FACT SHEET PAGE 1
03/ 16/ 22 57 SBA BK7085 SC (06/ 25/ 22)
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Form SS 00 08 04 05 Page 1 of 24
2005, The Hartford
BUSINESS LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what
is and is not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words
we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance.
The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured.
Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And
Medical Expenses Definitions.
A. COVERAGES
1. BUSINESS LIABILITY COVERAGE (BODILY
INJURY, PROPERTY DAMAGE, PERSONAL
AND ADVERTISING INJURY)
Insuring Agreement
a.We will pay those sums that the insured
becomes legally obligated to pay as
damages because of "bodily injury",
property damage" or "personal and
advertising injury" to which this insurance
applies. We will have the right and duty to
defend the insured against any "suit"
seeking those damages. However, we will
have no duty to defend the insured against
any "suit" seeking damages for "bodily
injury", "property damage" or "personal and
advertising injury" to which this insurance
does not apply.
We may, at our discretion, investigate any
occurrence" or offense and settle any claim
or "suit" that may result. But:
1)The amount we will pay for damages is
limited as described in Section D.-
Liability And Medical Expenses Limits
Of Insurance; and
2)Our right and duty to defend ends when
we have used up the applicable limit of
insurance in the payment of judgments,
settlements or medical expenses to which
this insurance applies.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Coverage
Extension - Supplementary Payments.
b.This insurance applies:
1)To "bodily injury" and "property
damage" only if:
a)The "bodily injury" or "property
damage" is caused by an
occurrence" that takes place in the
coverage territory";
b)The "bodily injury" or "property
damage" occurs during the policy
period; and
c)Prior to the policy period, no insured
listed under Paragraph 1.of Section
C.–WhoIsAnInsuredandno
employee" authorized by you to give
or receive notice of an "occurrence"
or claim, knew that the "bodily injury"
or "property damage" had occurred,
in whole or in part. If such a listed
insuredorauthorized"employee"
knew, prior to the policy period, that
the "bodily injury" or "property
damage" occurred, then any
continuation, change or resumption
of such "bodily injury" or "property
damage" during or after the policy
period will be deemed to have been
known prior to the policy period.
2)To "personal and advertising injury"
caused by an offense arising out of your
business, but only if the offense was
committed in the "coverage territory"
during the policy period.
c."Bodily injury" or "property damage" will be
deemed to have been known to have
occurred at the earliest time when any
insured listed under Paragraph 1.of Section
C.– Who Is An Insured or any "employee"
authorized by you to give or receive notice
of an "occurrence" or claim:
1)Reports all, or any part, of the "bodily
injury" or "property damage" to us or
any other insurer;
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BUSINESS LIABILITY COVERAGE FORM
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2)Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
3)Becomes aware by any other means that
bodily injury" or "property damage" has
occurred or has begun to occur.
d.Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or
death resulting at any time from the "bodily
injury".
e. Incidental Medical Malpractice
1)"Bodily injury" arising out of the
rendering of or failure to render
professional health care services as a
physician, dentist, nurse, emergency
medical technician or paramedic shall
be deemed to be caused by an
occurrence", but only if:
a)The physician, dentist, nurse,
emergency medical technician or
paramedic is employed by you to
provide such services; and
b)You are not engaged in the
business or occupation of providing
such services.
2)For the purpose of determining the
limits of insurance for incidental medical
malpractice, any act or omission
together with all related acts or
omissions in the furnishing of these
services to any one person will be
considered one "occurrence".
2. MEDICAL EXPENSES
Insuring Agreement
a.We will pay medical expenses as described
below for "bodily injury" caused by an
accident:
1)On premises you own or rent;
2)On ways next to premises you own or
rent; or
3)Because of your operations;
provided that:
1)The accident takes place in the
coverage territory" and during the
policy period;
2)The expenses are incurred and reported
to us within three years of the date of
the accident; and
3)The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
b.We will make these payments regardless of
fault. These payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses for:
1)First aid administered at the time of an
accident;
2)Necessary medical, surgical, x-ray and
dental services, including prosthetic
devices; and
3)Necessary ambulance, hospital,
professional nursing and funeral
services.
3. COVERAGE EXTENSION -
SUPPLEMENTARY PAYMENTS
a.We will pay, with respect to any claim or
suit" we investigate or settle, or any "suit"
against an insured we defend:
1)All expenses we incur.
2)Up to $1,000 for the cost of bail bonds
required because of accidents or traffic
law violations arising out of the use of
any vehicle to which Business Liability
Coverage for "bodily injury" applies. We
do not have to furnish these bonds.
3)The cost of appeal bonds or bonds to
release attachments, but only for bond
amounts within the applicable limit of
insurance. We do not have to furnish
these bonds.
4)All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or
suit", including actual loss of earnings
up to $500 a day because of time off
from work.
5)All costs taxed against the insured in
the "suit".
6)Prejudgment interest awarded against
the insured on that part of the judgment
we pay. If we make an offer to pay the
applicable limit of insurance, we will not
pay any prejudgment interest based on
that period of time after the offer.
7)All interest on the full amount of any
judgment that accrues after entry of the
judgment and before we have paid,
offered to pay, or deposited in court the
part of the judgment that is within the
applicable limit of insurance.
Any amounts paid under (1)through (7)
above will not reduce the limits of insurance.
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b.If we defend an insured against a "suit"
and an indemnitee of the insured is also
named as a party to the "suit", we will
defend that indemnitee if all of the
following conditions are met:
1)The "suit" against the indemnitee
seeks damages for which the insured
has assumed the liability of the
indemnitee in a contract or agreement
that is an "insured contract";
2)This insurance applies to such liability
assumed by the insured;
3)The obligation to defend, or the cost of
the defense of, that indemnitee, has
also been assumed by the insured in
the same "insured contract";
4)The allegations in the "suit" and the
information we know about the
occurrence" are such that no conflict
appears to exist between the interests
of the insured and the interest of the
indemnitee;
5)The indemnitee and the insured ask
us to conduct and control the defense
of that indemnitee against such "suit"
and agree that we can assign the
same counsel to defend the insured
and the indemnitee; and
6)The indemnitee:
a)Agrees in writing to:
i)Cooperate with us in the
investigation, settlement or
defense of the "suit";
ii)Immediately send us copies of
any demands, notices,
summonses or legal papers
received in connection with
the "suit";
iii)Notify any other insurer whose
coverage is available to the
indemnitee; and
iv)Cooperate with us with
respect to coordinating other
applicable insurance available
to the indemnitee; and
b)Provides us with written
authorization to:
i)Obtain records and other
information related to the
suit"; and
ii)Conduct and control the
defense of the indemnitee in
such "suit".
So long as the above conditions are met,
attorneys' fees incurred by us in the
defense of that indemnitee, necessary
litigation expenses incurred by us and
necessary litigation expenses incurred
by the indemnitee at our request will be
paid as Supplementary Payments.
Notwithstanding the provisions of
Paragraph 1.b.(b)of Section B.–
Exclusions, such payments will not be
deemed to be damages for "bodily
injury" and "property damage" and will
not reduce the Limits of Insurance.
Our obligation to defend an insured's
indemnitee and to pay for attorneys' fees
and necessary litigation expenses as
Supplementary Payments ends when:
1)We have used up the applicable limit
of insurance in the payment of
judgments or settlements; or
2)The conditions set forth above, or the
terms of the agreement described in
Paragraph (6)above, are no longer met.
B. EXCLUSIONS
1. Applicable To Business Liability Coverage
This insurance does not apply to:
a. Expected Or Intended Injury
1)"Bodily injury" or "property damage"
expected or intended from the
standpoint of the insured. This
exclusion does not apply to "bodily
injury" or "property damage" resulting
from the use of reasonable force to
protect persons or property; or
2)"Personal and advertising injury" arising
out of an offense committed by, at the
direction of or with the consent or
acquiescence of the insured with the
expectation of inflicting "personal and
advertising injury".
b. Contractual Liability
1)"Bodily injury" or "property damage"; or
2)"Personal and advertising injury"
for which the insured is obligated to pay
damages by reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to liability
for damages because of:
a)"Bodily injury", "property damage" or
personal and advertising injury" that
the insured would have in the
absence of the contract or
agreement; or
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b)"Bodily injury" or "property damage"
assumed in a contract or agreement
that is an "insured contract",
provided the "bodily injury" or
property damage" occurs
subsequent to the execution of the
contract or agreement. Solely for
the purpose of liability assumed in
an "insured contract", reasonable
attorneys' fees and necessary
litigation expenses incurred by or for
a party other than an insured are
deemed to be damages because of
bodily injury" or "property damage"
provided:
i)Liability to such party for, or for
the cost of, that party’s defense
has also been assumed in the
same "insured contract", and
ii)Such attorneys' fees and
litigation expenses are for
defense of that party against a
civil or alternative dispute
resolution proceeding in which
damages to which this
insurance applies are alleged.
c. Liquor Liability
Bodily injury" or "property damage" for
which any insured may be held liable by
reason of:
1)Causing or contributing to the
intoxication of any person;
2)The furnishing of alcoholic beverages to
a person under the legal drinking age or
under the influence of alcohol; or
3)Any statute, ordinance or regulation
relating to the sale, gift, distribution or
use of alcoholic beverages.
This exclusion applies only if you are in the
business of manufacturing, distributing,
selling, serving or furnishing alcoholic
beverages.
d. Workers' Compensation And Similar
Laws
Any obligation of the insured under a
workers' compensation, disability benefits
or unemployment compensation law or
any similar law.
e. Employer’s Liability
Bodily injury" to:
1)An "employee" of the insured arising
out of and in the course of:
a)Employment by the insured; or
b)Performing duties related to the
conduct of the insured’s business, or
2)The spouse, child, parent, brother or
sister of that "employee" as a
consequence of (1)above.
This exclusion applies:
1)Whether the insured may be liable as
an employer or in any other capacity;
and
2)To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.
This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
f. Pollution
1)"Bodily injury", "property damage" or
personal and advertising injury"
arising out of the actual, alleged or
threatened discharge, dispersal,
seepage, migration, release or escape
of "pollutants":
a)At or from any premises, site or
location which is or was at any
time owned or occupied by, or
rented or loaned to any insured.
However, this subparagraph does
not apply to:
i)"Bodily injury" if sustained within
a building and caused by
smoke, fumes, vapor or soot
produced by or originating from
equipment that is used to heat,
cool or dehumidify the building,
or equipment that is used to
heat water for personal use, by
the building's occupants or their
guests;
ii)"Bodily injury" or "property
damage" for which you may be
held liable, if you are a
contractor and the owner or
lessee of such premises, site or
location has been added to your
policy as an additional insured
with respect to your ongoing
operations performed for that
additional insured at that
premises, site or location and
such premises, site or location
is not and never was owned or
occupied by, or rented or
loaned to, any insured, other
than that additional insured; or
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iii)"Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a
hostile fire";
b)At or from any premises, site or
location which is or was at any
time used by or for any insured or
others for the handling, storage,
disposal, processing or treatment
of waste;
c)Which are or were at any time
transported, handled, stored,
treated, disposed of, or processed
as waste by or for:
i)Any insured; or
ii)Any person or organization for
whom you may be legally
responsible;
d)At or from any premises, site or
location on which any insured or
any contractors or subcontractors
working directly or indirectly on
any insured's behalf are
performing operations if the
pollutants" are brought on or to
the premises, site or location in
connection with such operations
by such insured, contractor or
subcontractor. However, this
subparagraph does not apply to:
i)"Bodily injury" or "property
damage" arising out of the
escape of fuels, lubricants or
other operating fluids which are
needed to perform the normal
electrical, hydraulic or
mechanical functions
necessary for the operation of
mobile equipment" or its parts,
if such fuels, lubricants or other
operating fluids escape from a
vehicle part designed to hold,
store or receive them. This
exception does not apply if the
bodily injury" or "property
damage" arises out of the
intentional discharge, dispersal
or release of the fuels,
lubricants or other operating
fluids, or if such fuels,
lubricants or other operating
fluids are brought on or to the
premises, site or location with
the intent that they be
discharged, dispersed or
released as part of the
operations being performed
by such insured, contractor or
subcontractor;
ii)"Bodily injury" or "property
damage" sustained within a
building and caused by the
release of gases, fumes or
vapors from materials brought
into that building in connection
with operations being performed
by you or on your behalf by a
contractor or subcontractor; or
iii)"Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a
hostile fire"; or
e)At or from any premises, site or
location on which any insured or any
contractors or subcontractors
working directly or indirectly on any
insured’s behalf are performing
operations if the operations are to
test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize,
or in any way respond to, or assess
the effects of, "pollutants".
2)Any loss, cost or expense arising out
of any:
a)Request, demand, order or statutory
or regulatory requirement that any
insured or others test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
pollutants"; or
b)Claim or suit by or on behalf of a
governmental authority for
damages because of testing for,
monitoring, cleaning up, removing,
containing, treating, detoxifying or
neutralizing, or in any way
responding to, or assessing the
effects of, "pollutants".
However, this paragraph does not
apply to liability for damages because
of "property damage" that the insured
would have in the absence of such
request, demand, order or statutory or
regulatory requirement, or such claim
or "suit" by or on behalf of a
governmental authority.
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g. Aircraft, Auto Or Watercraft
Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto"
or watercraft owned or operated by or rented
or loaned to any insured. Use includes
operation and "loading or unloading".
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
maintenance, use or entrustment to others of
any aircraft, "auto" or watercraft that is
owned or operated by or rented or loaned to
any insured.
This exclusion does not apply to:
1)A watercraft while ashore on premises
you own or rent;
2)A watercraft you do not own that is:
a)Less than 51 feet long; and
b)Not being used to carry persons
for a charge;
3)Parking an "auto" on, or on the ways
next to, premises you own or rent,
provided the "auto" is not owned by or
rented or loaned to you or the insured;
4)Liability assumed under any "insured
contract" for the ownership,
maintenance or use of aircraft or
watercraft;
5)"Bodily injury" or "property damage"
arising out of the operation of any of
the equipment listed in Paragraph f.(2)
or f.(3)of the definition of "mobile
equipment"; or
6)An aircraft that is not owned by any
insured and is hired, chartered or loaned
with a paid crew. However, this
exception does not apply if the insured
has any other insurance for such "bodily
injury" or "property damage", whether
the other insurance is primary, excess,
contingent or on any other basis.
h. Mobile Equipment
Bodily injury" or "property damage"
arising out of:
1)The transportation of "mobile equipment"
by an "auto" owned or operated by or
rented or loaned to any insured; or
2)The use of "mobile equipment" in, or
while in practice or preparation for, a
prearranged racing, speed or
demolition contest or in any stunting
activity.
i. War
Bodily injury", "property damage" or
personal and advertising injury", however
caused, arising, directly or indirectly, out of:
1)War, including undeclared or civil war;
2)Warlike action by a military force,
including action in hindering or
defending against an actual or
expected attack, by any government,
sovereign or other authority using
military personnel or other agents; or
3)Insurrection, rebellion, revolution,
usurped power, or action taken by
governmental authority in hindering or
defending against any of these.
j. Professional Services
Bodily injury", "property damage" or
personal and advertising injury" arising
out of the rendering of or failure to render
any professional service. This includes
but is not limited to:
1)Legal, accounting or advertising
services;
2)Preparing, approving, or failing to
prepare or approve maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications;
3)Supervisory, inspection, architectural
or engineering activities;
4)Medical, surgical, dental, x-ray or
nursing services treatment, advice or
instruction;
5)Any health or therapeutic service
treatment, advice or instruction;
6)Any service, treatment, advice or
instruction for the purpose of
appearance or skin enhancement, hair
removal or replacement or personal
grooming;
7)Optical or hearing aid services
including the prescribing, preparation,
fitting, demonstration or distribution of
ophthalmic lenses and similar
products or hearing aid devices;
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8)Optometry or optometric services
including but not limited to examination
of the eyes and the prescribing,
preparation, fitting,demonstration or
distribution of ophthalmic lenses and
similar products;
9)Any:
a)Body piercing (not including ear
piercing);
b)Tattooing, including but not limited
to the insertion of pigments into or
under the skin; and
c)Similar services;
10)Services in the practice of pharmacy;
and
11)Computer consulting, design or
programming services, including web
site design.
Paragraphs (4)and (5)of this exclusion do
not apply to the Incidental Medical
Malpractice coverage afforded under
Paragraph 1.e.in Section A.- Coverages.
k. Damage To Property
Property damage" to:
1)Property you own, rent or occupy,
including any costs or expenses
incurred by you, or any other person,
organization or entity, for repair,
replacement, enhancement,
restoration or maintenance of such
property for any reason, including
prevention of injury to a person or
damage to another's property;
2)Premises you sell, give away or
abandon, if the "property damage" arises
out of any part of those premises;
3)Property loaned to you;
4)Personal property in the care, custody
or control of the insured;
5)That particular part of real property on
which you or any contractors or
subcontractors working directly or
indirectly on your behalf are performing
operations, if the "property damage"
arises out of those operations; or
6)That particular part of any property
that must be restored, repaired or
replaced because "your work" was
incorrectly performed on it.
Paragraphs (1),(3)and (4)of this
exclusion do not apply to "property
damage" (other than damage by fire) to
premises, including the contents of such
premises, rented to you for a period of 7 or
fewer consecutive days. A separate Limit
of Insurance applies to Damage To
Premises Rented To You as described in
Section D.- Limits Of Insurance.
Paragraph (2)of this exclusion does not
apply if the premises are "your work" and
were never occupied, rented or held for
rental by you.
Paragraphs (3)and (4)of this exclusion do
not apply to the use of elevators.
Paragraphs (3),(4),(5)and (6)of this
exclusion do not apply to liability assumed
under a sidetrack agreement.
Paragraphs (3)and (4)of this exclusion do
not apply to "property damage" to
borrowed equipment while not being used
to perform operations at a job site.
Paragraph (6)of this exclusion does not
apply to "property damage" included in the
products-completed operations hazard".
l. Damage To Your Product
Property damage" to "your product"
arising out of it or any part of it.
m. Damage To Your Work
Property damage" to "your work" arising
out of it or any part of it and included in the
products-completed operations hazard".
This exclusion does not apply if the
damaged work or the work out of which
the damage arises was performed on your
behalf by a subcontractor.
n. Damage To Impaired Property Or
Property Not Physically Injured
Property damage" to "impaired property"
or property that has not been physically
injured, arising out of:
1)A defect, deficiency, inadequacy or
dangerous condition in "your product"
or "your work"; or
2)A delay or failure by you or anyone
acting on your behalf to perform a
contract or agreement in accordance
with its terms.
This exclusion does not apply to the loss
of use of other property arising out of
sudden and accidental physical injury to
your product" or "your work" after it has
been put to its intended use.
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o. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the
loss of use, withdrawal, recall, inspection,
repair, replacement, adjustment, removal
or disposal of:
1)"Your product";
2)"Your work"; or
3)"Impaired property";
if such product, work or property is
withdrawn or recalled from the market or
from use by any person or organization
because of a known or suspected defect,
deficiency, inadequacy or dangerous
condition in it.
p. Personal And Advertising Injury
Personal and advertising injury":
1)Arising out of oral, written or electronic
publication of material, if done by or at
the direction of the insured with
knowledge of its falsity;
2)Arising out of oral, written or electronic
publication of material whose first
publication took place before the
beginning of the policy period;
3)Arising out of a criminal act committed
by or at the direction of the insured;
4)Arising out of any breach of contract,
except an implied contract to use
another’s "advertising idea" in your
advertisement";
5)Arising out of the failure of goods,
products or services to conform with
any statement of quality or
performance made in your
advertisement";
6)Arising out of the wrong description of
the price of goods, products or services;
7)Arising out of any violation of any
intellectual property rights such as
copyright, patent, trademark, trade
name, trade secret, service mark or
other designation of origin or
authenticity.
However, this exclusion does not
apply to infringement, in your
advertisement", of
a)Copyright;
b)Slogan, unless the slogan is also
a trademark, trade name, service
mark or other designation of origin
or authenticity; or
c)Title of any literary or artistic work;
8)Arising out of an offense committed by
an insured whose business is:
a)Advertising, broadcasting,
publishing or telecasting;
b)Designing or determining content
of web sites for others; or
c)An Internet search, access,
content or service provider.
However, this exclusion does not
apply to Paragraphs a.,b.and c.
under the definition of "personal and
advertising injury" in Section G.–
Liability And Medical Expenses
Definitions.
For the purposes of this exclusion,
placing an "advertisement" for or
linking to others on your web site, by
itself, is not considered the business
of advertising, broadcasting,
publishing or telecasting;
9)Arising out of an electronic chat room
or bulletin board the insured hosts,
owns, or over which the insured
exercises control;
10)Arising out of the unauthorized use of
another's name or product in your e-mail
address, domain name or metatags, or
any other similar tactics to mislead
another's potential customers;
11)Arising out of the violation of a
person's right of privacy created by
any state or federal act.
However, this exclusion does not
apply to liability for damages that the
insured would have in the absence of
such state or federal act;
12)Arising out of:
a)An "advertisement" for others on
your web site;
b)Placing a link to a web site of
others on your web site;
c)Contentfromawebsiteofothers
displayedwithinaframeorborder
on your web site. Content includes
information, code, sounds, text,
graphics or images; or
d)Computer code, software or
programming used to enable:
i)Your web site; or
ii)The presentation or functionality
of an "advertisement" or other
content on your web site;
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13)Arising out of a violation of any anti-
trust law;
14)Arising out of the fluctuation in price or
value of any stocks, bonds or other
securities; or
15)Arising out of discrimination or
humiliation committed by or at the
direction of any "executive officer",
director, stockholder, partner or
member of the insured.
q. Electronic Data
Damages arising out of the loss of, loss of
use of, damage to, corruption of, inability
to access, or inability to manipulate
electronic data".
r. Employment-Related Practices
Bodily injury" or "personal and advertising
injury" to:
1)A person arising out of any:
a)Refusal to employ that person;
b)Termination of that person's
employment; or
c)Employment-related practices,
policies, acts or omissions, such as
coercion, demotion, evaluation,
reassignment, discipline,
defamation, harassment, humiliation
or discrimination directed at that
person; or
2)The spouse, child, parent, brother or
sister of that person as a
consequence of "bodily injury" or
personal and advertising injury" to the
person at whom any of the
employment-related practices
described in Paragraphs (a),(b),or(c)
above is directed.
This exclusion applies:
1)Whether the insured may be liable as
an employer or in any other capacity;
and
2)To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.
s. Asbestos
1)"Bodily injury", "property damage" or
personal and advertising injury"
arising out of the "asbestos hazard".
2)Any damages, judgments, settlements,
loss, costs or expenses that:
a)May be awarded or incurred by
reason of any claim or suit
alleging actual or threatened injury
or damage of any nature or kind to
persons or property which would
not have occurred in whole or in
part but for the "asbestos hazard";
b)Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or
others test for, monitor, clean up,
remove, encapsulate, contain,
treat, detoxify or neutralize or in
any way respond to or assess the
effects of an "asbestos hazard"; or
c)Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
t. Violation Of Statutes That Govern E-
Mails, Fax, Phone Calls Or Other
Methods Of Sending Material Or
Information
Bodily injury", "property damage", or
personal and advertising injury" arising
directly or indirectly out of any action or
omission that violates or is alleged to
violate:
1)The Telephone Consumer Protection
Act (TCPA), including any amendment
of or addition to such law;
2)The CAN-SPAM Act of 2003, including
any amendment of or addition to such
law; or
3)Any statute, ordinance or regulation,
other than the TCPA or CAN-SPAM Act
of 2003, that prohibits or limits the
sending, transmitting, communicating or
distribution of material or information.
Damage To Premises Rented To You –
Exception For Damage By Fire, Lightning
or Explosion
Exclusions c.through h.and k.through o.do
not apply to damage by fire, lightning or
explosion to premises rented to you or
temporarily occupied by you with permission of
the owner. A separate Limit of Insurance
applies to this coverage as described in
Section D.- Liability And Medical Expenses
Limits Of Insurance.
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2. Applicable To Medical Expenses Coverage
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of
premises you own or rent that the person
normally occupies.
d. Workers' Compensation And Similar
Laws
To a person, whether or not an
employee" of any insured, if benefits for
the "bodily injury" are payable or must be
provided under a workers' compensation
or disability benefits law or a similar law.
e. Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports or athletic
contests.
f. Products-Completed Operations Hazard
Included with the "products-completed
operations hazard".
g. Business Liability Exclusions
Excluded under Business Liability Coverage.
C. WHO IS AN INSURED
1.If you are designated in the Declarations as:
a.An individual, you and your spouse are
insureds, but only with respect to the
conduct of a business of which you are the
sole owner.
b.A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c.A limited liability company, you are an
insured. Your members are also insureds,
but only with respect to the conduct of your
business. Your managers are insureds, but
only with respect to their duties as your
managers.
d.An organization other than a partnership,
joint venture or limited liability company, you
are an insured. Your "executive officers" and
directors are insureds, but only with respect
to their duties as your officers or directors.
Your stockholders are also insureds, but only
with respect to their liability as stockholders.
e.A trust, you are an insured. Your trustees
are also insureds, but only with respect to
their duties as trustees.
2.Each of the following is also an insured:
a. Employees And Volunteer Workers
Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either your "executive officers" (if you
are an organization other than a
partnership, joint venture or limited liability
company) or your managers (if you are a
limited liability company), but only for acts
within the scope of their employment by
you or while performing duties related to
the conduct of your business.
However, none of these "employees" or
volunteer workers" are insureds for:
1)"Bodily injury" or "personal and
advertising injury":
a)To you, to your partners or
members (if you are a partnership
or joint venture), to your members
if you are a limited liability
company), or to a co-"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other
volunteer workers" while
performing duties related to the
conduct of your business;
b)To the spouse, child, parent,
brother or sister of that co-
employee" or that "volunteer
worker" as a consequence of
Paragraph (1)(a)above;
c)For which there is any obligation
to share damages with or repay
someone else who must pay
damages because of the injury
described in Paragraphs (1)(a)or
b)above; or
d)Arising out of his or her providing
or failing to provide professional
health care services.
If you are not in the business of
providing professional health care
services, Paragraph (d)does not apply
to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.
2)"Property damage" to property:
a)Owned, occupied or used by,
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b)Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
1)With respect to liability arising out of the
maintenance or use of that property; and
2)Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a.Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b.Coverage under this provision does not
apply to:
1)"Bodily injury" or "property damage"
that occurred; or
2)"Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a."Bodily injury" to a co-"employee" of the
person driving the equipment; or
b."Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.
However, no person or organization is an
insured with respect to:
a."Bodily injury" to a co-"employee" of the
person operating the watercraft; or
b."Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a.through f.below are additional
insureds when you have agreed, in a written
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contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.
A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.
However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F.– Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
bodily injury" or "property damage" arising
out of "your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
property damage" included within the
products-completed operations hazard".
1)The insurance afforded to the vendor
is subject to the following additional
exclusions:
This insurance does not apply to:
a)"Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
b)Any express warranty
unauthorized by you;
c)Any physical or chemical change
in the product made intentionally
by the vendor;
d)Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
e)Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
f)Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
g)Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
h)"Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
i)The exceptions contained in
Subparagraphs (d)or (f);or
ii)Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
2)This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
1)Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury", "property damage" or
personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.
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2)With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
occurrence" which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
1)Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
2)With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
a)Any "occurrence" which takes
place after you cease to lease that
land or be a tenant in that
premises; or
b)Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
1)Any architect, engineer, or surveyor, but
only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole
or in part, by your acts or omissions or
the acts or omissions of those acting on
your behalf:
a)In connection with your premises;
or
b)In the performance of your
ongoing operations performed by
you or on your behalf.
2)With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies:
This insurance does not apply to
bodily injury", "property damage" or
personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you, including:
a)The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
b)Supervisory, inspection,
architectural or engineering
activities.
e. Permits Issued By State Or Political
Subdivisions
1)Any state or political subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
2)With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
a)"Bodily injury", "property damage"
or "personal and advertising
injury" arising out of operations
performed for the state or
municipality; or
b)"Bodily injury" or "property damage"
included within the "products-
completed operations hazard".
f. Any Other Party
1)Any other person or organization who
is not an insured under Paragraphs a.
through e. above, but only with
respect to liability for "bodily injury",
property damage" or "personal and
advertising injury" caused, in whole or
in part, by your acts or omissions or
the acts or omissions of those acting
on your behalf:
a)In the performance of your
ongoing operations;
b)In connection with your premises
owned by or rented to you; or
c)In connection with "your work" and
included within the "products-
completed operations hazard", but
only if
i)The written contract or written
agreement requires you to
provide such coverage to
such additional insured; and
ii)This Coverage Part provides
coverage for "bodily injury" or
property damage" included
within the "products-
completed operations hazard".
2)With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
Bodily injury", "property damage" or
personal and advertising injury"
arising out of the rendering of, or the
failure to render, any professional
architectural, engineering or surveying
services, including:
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a)The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
b)Supervisory, inspection,
architectural or engineering
activities.
The limits of insurance that apply to additional
insureds are described in Section D.–Limits
Of Insurance.
How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E.– Liability And Medical Expenses
General Conditions.
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a.Insureds;
b.Claims made or "suits" brought; or
c.Persons or organizations making claims or
bringing "suits".
2. Aggregate Limits
The most we will pay for:
a.Damages because of "bodily injury" and
property damage" included in the
products-completed operations hazard" is
the Products-Completed Operations
Aggregate Limit shown in the
Declarations.
b.Damages because of all other "bodily
injury", "property damage" or "personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.
This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.
This General Aggregate limit does not
apply to "property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.
3. Each Occurrence Limit
Subject to 2.a.or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
property damage" and medical expenses
arising out of any one "occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.
The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.
4. Personal And Advertising Injury Limit
Subject to 2.b.above, the most we will pay for
the sum of all damages because of all
personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.
5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.
In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.
6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a.The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b.The Limits of Insurance shown in the
Declarations.
Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.
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If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or "suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3.above.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12
months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
E. LIABILITY AND MEDICAL EXPENSES
GENERAL CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.
2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an "occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
1)How, when and where the "occurrence"
or offense took place;
2)The names and addresses of any
injured persons and witnesses; and
3)The nature and location of any injury
or damage arising out of the
occurrence" or offense.
b. Notice Of Claim
If a claim is made or "suit" is brought
against any insured, you or any additional
insured must:
1)Immediately record the specifics of the
claim or "suit" and the date received;
and
2)Notify us as soon as practicable.
You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
1)Immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
2)Authorize us to obtain records and
other information;
3)Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
4)Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The Insured's Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insured's Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.
However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a.and b.apply to you or to
any additional insured only when such
occurrence", offense, claim or "suit" is
known to:
1)You or any additional insured that is
an individual;
2)Any partner, if you or an additional
insured is a partnership;
3)Any manager, if you or an additional
insured is a limited liability company;
4)Any "executive officer" or insurance
manager, if you or an additional
insured is a corporation;
5)Any trustee, if you or an additional
insured is a trust; or
6)Any elected or appointed official, if you
or an additional insured is a political
subdivision or public entity.
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This Paragraph f.applies separately to
you and any additional insured.
3. Financial Responsibility Laws
a.When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for "bodily injury"
liability and "property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b.With respect to "mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.
4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a.To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b.To sue us on this Coverage Form unless
all of its terms have been fully complied
with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.
5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy 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
a claim is made or "suit" is brought.
6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
1)The statements in the Declarations
are accurate and complete;
2)Those statements are based upon
representations you made to us; and
3)We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.
7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g.of
Section A.– Coverages.
5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k.of Section A.–
Coverages.
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6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.
However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
b) Primary And Non-Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs (a)and (b)do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
1)The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
2)The total of all deductible and self-
insured amounts under all that other
insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all 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.
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, 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. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
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F. OPTIONAL ADDITIONAL INSURED
COVERAGES
If listed or shown as applicable in the Declarations,
one or more of the following Optional Additional
Insured Coverages also apply. When any of these
Optional Additional Insured Coverages apply,
Paragraph 6.(Additional Insureds When Required
by Written Contract, Written Agreement or Permit)
of Section C., Who Is An Insured, does not apply
to the person or organization shown in the
Declarations. These coverages are subject to the
terms and conditions applicable to Business
Liability Coverage in this policy, except as
provided below:
1. Additional Insured - Designated Person Or
Organization
WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations, but only with respect to liability
for "bodily injury", "property damage" or
personal and advertising injury" caused, in
whole or in part, by your acts or omissions or
the acts or omissions of those acting on your
behalf:
a.In the performance of your ongoing
operations; or
b.In connection with your premises owned
by or rented to you.
2. Additional Insured - Managers Or Lessors
Of Premises
a.WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Designated Person Or Organization; but only
with respect to liability arising out of the
ownership, maintenance or use of that part of
the premises leased to you and shown in the
Declarations.
b.With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:
This insurance does not apply to:
1)Any "occurrence" which takes place
after you cease to be a tenant in that
premises; or
2)Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.
3. Additional Insured - Grantor Of Franchise
WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Grantor Of Franchise, but only with respect to
their liability as grantor of franchise to you.
4. Additional Insured - Lessor Of Leased
Equipment
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured – Lessor of Leased Equipment,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s).
b.With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to any "occurrence" which
takes place after you cease to lease that
equipment.
5. Additional Insured - Owners Or Other
Interests From Whom Land Has Been
Leased
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured – Owners Or Other Interests From
Whom Land Has Been Leased, but only
with respect to liability arising out of the
ownership, maintenance or use of that part
of the land leased to you and shown in the
Declarations.
b.With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:
This insurance does not apply to:
1)Any "occurrence" that takes place
after you cease to lease that land; or
2)Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.
6. Additional Insured - State Or Political
Subdivision – Permits
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
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Insured – State Or Political Subdivision -
Permits, but only with respect to
operations performed by you or on your
behalf for which the state or political
subdivision has issued a permit.
b.With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:
This insurance does not apply to:
1)"Bodily injury", "property damage" or
personal and advertising injury"
arising out of operations performed for
the state or municipality; or
2)"Bodily injury" or "property damage"
included in the "product-completed
operations" hazard.
7. Additional Insured – Vendors
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the person(s) or organization(s)
referred to below as vendor) shown in the
Declarations as an Additional Insured -
Vendor, but only with respect to "bodily
injury" or "property damage" arising out of
your products" which are distributed or
sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
property damage" included within the
products-completed operations hazard".
b.The insurance afforded to the vendor is
subject to the following additional exclusions:
1)This insurance does not apply to:
a)"Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
b)Any express warranty
unauthorized by you;
c)Any physical or chemical change
in the product made intentionally
by the vendor;
d)Repackaging, unless unpacked
solely for the purpose of inspection,
demonstration, testing, or the
substitution of parts under
instructions from the manufacturer,
and then repackaged in the original
container;
e)Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has agreed
to make or normally undertakes to
make in the usual course of
business, in connection with the
distribution or sale of the products;
f)Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
g)Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
h)"Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
i)The exceptions contained in
Subparagraphs (d)or (f);or
ii)Such inspections,
adjustments, tests or servicing
as the vendor has agreed to
make or normally undertakes
to make in the usual course of
business, in connection with
the distribution or sale of the
products.
2)This insurance does not apply to any
insured person or organization from
whom you have acquired such
products, or any ingredient, part or
container, entering into,
accompanying or containing such
products.
8. Additional Insured – Controlling Interest
WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured –
Controlling Interest, but only with respect to
their liability arising out of:
a.Their financial control of you; or
b.Premises they own, maintain or control
while you lease or occupy these premises.
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This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.
9. Additional Insured – Owners, Lessees Or
Contractors – Scheduled Person Or
Organization
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured – Owner, Lessees Or Contractors,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your acts or omissions or the
acts or omissions of those acting on your
behalf:
1)In the performance of your ongoing
operations for the additional
insured(s); or
2)In connection with "your work"
performed for that additional insured
and included within the "products-
completed operations hazard", but
only if this Coverage Part provides
coverage for "bodily injury" or
property damage" included within the
products-completed operations
hazard".
b.With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to "bodily injury", "property
damage" or "personal an advertising
injury" arising out of the rendering of, or
the failure to render, any professional
architectural, engineering or surveying
services, including:
1)The preparing, approving, or failure to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications; or
2)Supervisory, inspection, architectural
or engineering activities.
10. Additional Insured – Co-Owner Of Insured
Premises
WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s) or Organization(s) shown in the
Declarations as an Additional Insured – Co-
Owner Of Insured Premises, but only with
respect to their liability as co-owner of the
premises shown in the Declarations.
The limits of insurance that apply to additional
insureds are described in Section D.–LimitsOf
Insurance.
How this insurance applies when other insurance
is available to an additional insured is described in
the Other Insurance Condition in Section E.–
Liability And Medical Expenses General
Conditions.
G. LIABILITY AND MEDICAL EXPENSES
DEFINITIONS
1."Advertisement" means the widespread public
dissemination of information or images that
has the purpose of inducing the sale of goods,
products or services through:
a. ( 1)Radio;
2)Television;
3)Billboard;
4)Magazine;
5)Newspaper;
b.The Internet, but only that part of a web
site that is about goods, products or
services for the purposes of inducing the
sale of goods, products or services; or
c.Any other publication that is given
widespread public distribution.
However, "advertisement" does not include:
a.The design, printed material, information
or images contained in, on or upon the
packaging or labeling of any goods or
products; or
b.An interactive conversation between or
among persons through a computer network.
2."Advertising idea" means any idea for an
advertisement".
3."Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.
4."Auto" means a land motor vehicle, trailer or
semi-trailer designed for travel on public
roads, including any attached machinery or
equipment. But "auto" does not include
mobile equipment".
5."Bodily injury" means physical:
a.Injury;
b.Sickness; or
c.Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time.
6."Coverage territory" means:
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a.The United States of America (including its
territories and possessions), Puerto Rico
and Canada;
b.International waters or airspace, but only if
the injury or damage occurs in the course
of travel or transportation between any
places included in a.above;
c.All other parts of the world if the injury or
damage arises out of:
1)Goods or products made or sold by you
in the territory described in a.above;
2)The activities of a person whose home
is in the territory described in a.
above, but is away for a short time on
your business; or
3)"Personal and advertising injury"
offenses that take place through the
Internet or similar electronic means of
communication
provided the insured's responsibility to pay
damages is determined in the United States of
America (including its territories and
possessions), Puerto Rico or Canada, in a
suit" on the merits according to the
substantive law in such territory, or in a
settlement we agree to.
7."Electronic data" means information, facts or
programs:
a.Stored as or on;
b.Created or used on; or
c.Transmitted to or from
computer software, including systems and
applications software, hard or floppy disks,
CD-ROMS, tapes, drives, cells, data
processing devices or any other media which
are used with electronically controlled
equipment.
8."Employee" includes a "leased worker".
Employee" does not include a "temporary
worker".
9."Executive officer" means a person holding
any of the officer positions created by your
charter, constitution, by-laws or any other
similar governing document.
10."Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.
11."Impaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:
a.It incorporates "your product" or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous; or
b.You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by:
a.The repair, replacement, adjustment or
removal of "your product" or "your work";
or
b.Your fulfilling the terms of the contract or
agreement.
12."Insured contract" means:
a. A contract for a lease of premises.
However, that portion of the contract for a
lease of premises that indemnifies any
person or organization for damage by fire,
lightning or explosion to premises while
rented to you or temporarily occupied by
you with permission of the owner is
subject to the Damage To Premises
Rented To You limit described in Section
D.– Liability and Medical Expenses Limits
of Insurance.
b.A sidetrack agreement;
c.Any easement or license agreement,
including an easement or license
agreement in connection with construction
or demolition operations on or within 50
feet of a railroad;
d.Any obligation, as required by ordinance,
to indemnify a municipality, except in
connection with work for a municipality;
e.An elevator maintenance agreement; or
f.That part of any other contract or
agreement pertaining to your business
including an indemnification of a
municipality in connection with work
performed for a municipality) under which
you assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to a third person or organization,
provided the "bodily injury" or "property
damage" is caused, in whole or in part, by
you or by those acting on your behalf.
Tort liability means a liability that would be
imposed by law in the absence of any
contract or agreement.
Paragraph f.includes that part of any
contract or agreement that indemnifies a
railroad for "bodily injury" or "property
damage" arising out of construction or
demolition operations within 50 feet of any
railroad property and affecting any railroad
bridge or trestle, tracks, road-beds, tunnel,
underpass or crossing.
However, Paragraph f.does not include
that part of any contract or agreement:
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1)That indemnifies an architect,
engineer or surveyor for injury or
damage arising out of:
a)Preparing, approving or failing to
prepare or approve maps, shop
drawings, opinions, reports,
surveys, field orders, change
orders, designs or drawings and
specifications; or
b)Giving directions or instructions,
or failing to give them, if that is the
primary cause of the injury or
damage; or
2)Under which the insured, if an
architect, engineer or surveyor,
assumes liability for an injury or
damage arising out of the insured's
rendering or failure to render
professional services, including those
listed in (1)above and supervisory,
inspection, architectural or
engineering activities.
13."Leased worker" means a person leased to
you by a labor leasing firm under an
agreement between you and the labor leasing
firm, to perform duties related to the conduct of
your business. "Leased worker" does not
include a "temporary worker".
14."Loading or unloading" means the handling of
property:
a.After it is moved from the place where it is
accepted for movement into or onto an
aircraft, watercraft or "auto";
b.While it is in or on an aircraft, watercraft or
auto"; or
c.While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not
attached to the aircraft, watercraft or "auto".
15."Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a.Bulldozers, farm machinery, forklifts and
other vehicles designed for use principally
off public roads;
b.Vehicles maintained for use solely on or
next to premises you own or rent;
c.Vehicles that travel on crawler treads;
d.Vehicles, whether self-propelled or not, on
which are permanently mounted:
1)Power cranes, shovels, loaders,
diggers or drills; or
2)Road construction or resurfacing
equipment such as graders, scrapers
or rollers;
e.Vehicles not described in a.,b.,c.,ord.
above that are not self-propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the
following types:
1)Air compressors, pumps and
generators, including spraying,
welding, building cleaning,
geophysical exploration, lighting and
well servicing equipment; or
2)Cherry pickers and similar devices
used to raise or lower workers;
f.Vehicles not described in a.,b.,c.,ord.
above maintained primarily for purposes
other than the transportation of persons or
cargo.
However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but
will be considered "autos":
1)Equipment, of at least 1,000 pounds
gross vehicle weight, designed
primarily for:
a)Snow removal;
b)Road maintenance, but not
construction or resurfacing; or
c)Street cleaning;
2)Cherry pickers and similar devices
mounted on automobile or truck
chassis and used to raise or lower
workers; and
3)Air compressors, pumps and
generators, including spraying,
welding, building cleaning,
geophysical exploration, lighting and
well servicing equipment.
16."Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.
17."Personal and advertising injury" means injury,
including consequential "bodily injury", arising
out of one or more of the following offenses:
a.False arrest, detention or imprisonment;
b.Malicious prosecution;
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c.The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or
premises that the person occupies,
committed by or on behalf of its owner,
landlord or lessor;
d.Oral, written or electronic publication of
material that slanders or libels a person or
organization or disparages a person's or
organization's goods, products or services;
e.Oral, written or electronic publication of
material that violates a person's right of
privacy;
f.Copying, in your "advertisement", a
person’s or organization’s "advertising
idea" or style of "advertisement";
g.Infringement of copyright, slogan, or title of
any literary or artistic work, in your
advertisement"; or
h.Discrimination or humiliation that results in
injury to the feelings or reputation of a
natural person.
18."Pollutants" means any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
19."Products-completed operations hazard";
a.Includes all "bodily injury" and "property
damage" occurring away from premises
you own or rent and arising out of "your
product" or "your work" except:
1)Products that are still in your physical
possession; or
2)Work that has not yet been completed
or abandoned. However, "your work"
will be deemed to be completed at the
earliest of the following times:
a)When all of the work called for in
your contract has been completed.
b)When all of the work to be done at
the job site has been completed if
your contract calls for work at
more than one job site.
c)When that part of the work done at
a job site has been put to its
intended use by any person or
organization other than another
contractor or subcontractor
working on the same project.
Work that may need service, maintenance,
correction, repair or replacement, but
which is otherwise complete, will be
treated as completed.
The "bodily injury" or "property damage"
must occur away from premises you own
or rent, unless your business includes the
selling, handling or distribution of "your
product" for consumption on premises you
own or rent.
b.Does not include "bodily injury" or
property damage" arising out of:
1)The transportation of property, unless
the injury or damage arises out of a
condition in or on a vehicle not owned
or operated by you, and that condition
was created by the "loading or
unloading" of that vehicle by any
insured; or
2)The existence of tools, uninstalled
equipment or abandoned or unused
materials.
20."Property damage" means:
a.Physical injury to tangible property,
including all resulting loss of use of that
property. All such loss of use shall be
deemed to occur at the time of the
physical injury that caused it; or
b.Loss of use of tangible property that is not
physically injured. All such loss of use
shall be deemed to occur at the time of
occurrence" that caused it.
As used in this definition, "electronic data" is
not tangible property.
21."Suit" means a civil proceeding in which
damages because of "bodily injury", "property
damage" or "personal and advertising injury"
to which this insurance applies are alleged.
Suit" includes:
a.An arbitration proceeding in which such
damages are claimed and to which the
insured must submit or does submit with
our consent; or
b.Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits
with our consent.
22."Temporary worker" means a person who is
furnished to you to substitute for a permanent
employee" on leave or to meet seasonal or
short-term workload conditions.
23."Volunteer worker" means a person who:
a.Is not your "employee";
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BUSINESS LIABILITY COVERAGE FORM
Page 24 of 24 Form SS 00 08 04 05
b.Donates his or her work;
c.Acts at the direction of and within the
scope of duties determined by you; and
d.Is not paid a fee, salary or other
compensation by you or anyone else for
their work performed for you.
24."Your product":
a.Means:
1)Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
a)You;
b)Others trading under your name;
or
c)A person or organization whose
business or assets you have
acquired; and
2)Containers (other than vehicles),
materials, parts or equipment
furnished in connection with such
goods or products.
b.Includes:
1)Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your product"; and
2)The providing of or failure to provide
warnings or instructions.
c.Does not include vending machines or
other property rented to or located for the
use of others but not sold.
25. "Your work":
a.Means:
1)Work or operations performed by you
or on your behalf; and
2)Materials, parts or equipment
furnished in connection with such work
or operations.
b.Includes:
1)Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your work"; and
2)The providing of or failure to provide
warnings or instructions.
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.
Process Date:04/01/21 Policy Expiration Date:05/11/22
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number:57 WEC AB5D4X Endorsement Number:
Effective Date:05/11/21 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address:PHMC, LLC
1724 10TH ST STE 115
SACRAMENTO CA 95811
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. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due
on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from
us
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THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
Countersigned by
Authorized Representative
Form WC 99 00 06 A (1)Printed in U.S.A.Page 1
Process Date:04/27/21 Policy Expiration Date:05/11/22
CHANGE IN INFORMATION PAGE
INSURER:See Attached Endorsement
NCCI Company Number:Audit Period:ANNUAL
Policy Effective Date:05/11/21 Policy Expiration Date:05/11/22
Policy Number:57 WEC AB5D4X Endorsement Number:2
Effective Date:05/11/21 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address:SIMPLIGOV, LLC
1724 10TH ST STE 115
SACRAMENTO CA 95811
FEIN Number:82-5114065
Producer Name:HUB INTERNATIONAL INS SERVICES INC Producer Code:57555593
It is agreed that the policy is amended as follows:
This is NOT a bill. However, any changes in your premium will be reflected in your next billing statement. You will receive
a separate bill from The Hartford.If you are enrolled in repetitive EFT draws from your bank account, changes in premium
will change future draw amounts.
In consideration of no change in premium, it is agreed that:
Policy is amended to change the Named Insured(s) and/or DBA(s) to read Simpligov, LLC. The following locations are
amended due to this change.
NJ, Schedule Number 01-29-02
Policy is amended to add the following Endorsement Forms reflecting the changes made to your policy.
WC990006A(.1P)
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For SimpliGov Automation Platform
Final Audit Report 2022-03-30
Created:2022-03-29
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAZQXjXzhITqGV0uRoqpAoVOBhz3ISHEKu
For SimpliGov Automation Platform" History
Document created by City of Cupertino (webmaster@cupertino.org)
2022-03-29 - 8:25:55 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2022-03-29 - 8:36:28 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2022-03-29 - 10:11:26 PM GMT - Time Source: server- IP address: 73.170.27.253
Document emailed to Scott jenkins (sjenkins@simpligov.com) for signature
2022-03-29 - 10:11:28 PM GMT
Email viewed by Scott jenkins (sjenkins@simpligov.com)
2022-03-29 - 10:38:25 PM GMT- IP address: 73.70.75.170
Document e-signed by Scott jenkins (sjenkins@simpligov.com)
Signature Date: 2022-03-29 - 10:38:37 PM GMT - Time Source: server- IP address: 73.70.75.170
Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature
2022-03-29 - 10:38:39 PM GMT
Email viewed by Christopher D. Jensen (christopherj@cupertino.org)
2022-03-29 - 10:41:10 PM GMT- IP address: 104.47.73.126
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2022-03-29 - 10:41:32 PM GMT - Time Source: server- IP address: 136.24.42.212
Document emailed to Nidhi Mathur (nidhim@cupertino.org) for signature
2022-03-29 - 10:41:33 PM GMT
Email viewed by Nidhi Mathur (nidhim@cupertino.org)
2022-03-30 - 1:11:14 AM GMT- IP address: 172.225.87.23
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Document e-signed by Nidhi Mathur (nidhim@cupertino.org)
Signature Date: 2022-03-30 - 5:23:00 PM GMT - Time Source: server- IP address: 73.231.202.59
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2022-03-30 - 5:23:03 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2022-03-30 - 6:01:27 PM GMT- IP address: 104.47.74.126
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2022-03-30 - 6:01:36 PM GMT - Time Source: server- IP address: 69.110.137.176
Agreement completed.
2022-03-30 - 6:01:36 PM GMT
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CITY OF CUPERTINO
Agenda Item
23-12636 Agenda Date: 12/3/2024
Agenda #: 9.
Subject:Award a construction contract for the Light Emitting Diode (LED) Streetlight Installation Project to
Bear Electrical Solutions in the amount of $628,449 and approve a third amendment to the construction
management agreement with Tanko Lighting for a total contract amount not to exceed $306,914.
1. Award a construction contract for the LED Streetlight Installation Project (budget unit 420-99-258,
project number 2022-13) in the amount of $629,449 to Bear Electrical Solutions.
2. Authorize the City Manager to execute the construction contract when all conditions have been
met.
3. Authorize the Director of Public Works to execute any necessary change orders up to a
construction contingency amount of $62,945 (10%) for a total contract amount of $692,394.
4. Authorize the third amendment to an agreement with Tanko Lighting for
ConstructionManagement and Consulting Services on various Capital Improvement Programs (CIP)
Projects, by increasing the contract amount by $156,914, for a total contract amount not to exceed
$306,914.
CITY OF CUPERTINO Printed on 11/26/2024Page 1 of 1
powered by Legistar™507
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CITY COUNCIL STAFF REPORT
Meeting: December 3, 2024
Subject
Award a construction contract for the Light Emitting Diode (LED) Streetlight Installation
Project to Bear Electrical Solutions in the amount of $628,449 and approve a third
amendment to the construction management agreement with Tanko Lighting for a total
contract amount not to exceed $306,914.
Recommended Action
1. Award a construction contract for the LED Streetlight Installation Project (budget
unit 420-99-258, project number 2022-13) in the amount of $629,449 to Bear
Electrical Solutions.
2. Authorize the City Manager to execute the construction contract when all
conditions have been met.
3. Authorize the Director of Public Works to execute any necessary change orders
up to a construction contingency amount of $62,945 (10%), for a total contract
amount of $692,394.
4. Authorize the third amendment to an agreement with Tanko Lighting for
Construction Management and Consulting Services on various Capital
Improvement Programs (CIP) Projects, by increasing the contract amount by
$156,914, for a total contract amount not to exceed $306,914.
Reasons for Recommendation
Construction Contract – Bear Electrical Solutions
Fiscal Year (FY) 2021-2022 City Council Work Program included a project to evaluate the
feasibility of modifying the City of Cupertino’s streetlights to meet the requirements of
the City’s Bird Safe and Dark Sky Ordinance (Ordinance), which was adopted by
Council April 6, 2021. A feasibility report was prepared and showed that the City’s
existing induction streetlight fixtures could be converted to LED fixtures which could
meet the color temperatures and brightness levels established by the Ordinance. In
addition to meeting the requirements of the Ordinance, the feasibility study concluded
that conversion to LED streetlight fixtures would also save the City a net total of
approximately $1,900,000 over a 20-year period.
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In response to the feasibility study, the approved FY 2022-2023 CIP included a project to
implement the recommendations in the study. City staff initiated the project, completed
the design, and advertised the project for a public bid on September 25. The bid
documents issued by the City are available at https://apps.cupertino.org/details/724. The
City received six responses to the bid request. The City does not make a practice of
distributing bid responses prior to the execution of the contract to protect the contract
negotiation process. On October 29, the City received the following responsive bids:
Bidder Bid Amount
Engineers Estimate $753,000
Bear Electric Solutions $629,449
Star Energy Management $654,649
DC Electric Group, Inc. $847,002
St. Francis Electric $847,435
Tennyson Electric, LLC $885,470
Columbia Electric $1,874,056
The Public Works Department reviewed all bids for completeness and found Bear
Electrical Solutions documents complete. Bear Electrical Solutions’ experience and
qualifications were responsive, and staff determined their bid to be the lowest
responsive and responsible bid per the Instruction to Bidders and Cupertino Municipal
Code. Therefore, staff recommends awarding a construction contract to Bear Electrical
Solutions for the contract amount of $629,449 and including a 10% construction
contingency in the amount of $62,945, for a total contract amount not to exceed $692,394.
Construction contingency allows for unforeseen conditions and is a typical contracting
best practice.
Construction Management Agreement – Tanko Lighting
To ensure that construction work is completed in an orderly manner and in compliance
with the project specifications, staff also recommends increasing Tanko Lightings
contract by $156,914, for a total contract amount not to exceed $306,914, so that Tanko
Lighting can perform construction management services for the City on this project.
Scope of Services include community outreach, developing an installation schedule, use
of a consultant’s computerized mapping system to track installation progress in real
time to verify contractor’s data entry is accurate and complete, post construction asset
inventory update, and to coordinate utility billing updates upon project completion.
If this item is not approved, the City will not be able to contract out Construction
Management services and will lose the opportunity to utilize the Consultant’s GIS
software to manage and track installation. Due to limited staff resources, this will
prohibit or delay project completion.
Next Steps
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If this item is not approved, the City will not convert existing streetlights to LED
technology, will not have streetlights that comply with the City’s Bird Safe and Dark Sky
Ordinance, and will not increase energy efficiency and reduce future operational costs.
Sustainability Impact
Converting streetlights to LEDs will decrease electricity consumption through energy
efficiency, which supports the goals of the City's Climate Action Plan 2.0 and reduces
demand on the electrical grid.
Fiscal Impact
Below is a summary of the project’s fiscal impacts (budget unit 420-99-258).
Current Funding Status Amount
City Approved Funds
(GL 420-99-258 900-905)
$1,300,000
Expense to Date (Design & Bid Support
by Tanko Lighting)
($179,258)
Currently available Funds – Subtotal $1,120,472
Propose Funding Impact Amount
Construction Management $156,914
Construction Contract (including 10%
Contingency
$692,394
Subtotal $849,308
Propose Funding Impact Amount
Current Funding Status $1,120,472
Proposed Funding Impact ($849,308)
Balance (budget unit 420-99-258) $271,164
City Work Program (CWP) Item:
Yes, FY 2021-22
CWP Item Description:
City Light Transition Assessment *Also Part of CIP
Assess the costs, benefits, and opportunities of transitioning the City's streetlight
infrastructure, and other City operated lights, from induction to LED fixtures. LEDs
would allow lights to be turned down and the assessment will evaluate the efficacy of
various color temperatures that would meet the dark sky requirements. Review light
pollution by streetlights.
Council Goal: Sustainability and Fiscal Strategy
California Environmental Quality Act (CEQA)
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This project is exempt under CEQA Guidelines Section 15301(b) – Class 1, Existing
Facilities, and Section 15302(c) – Class 2, Replacement or Reconstruction.
_____________________________________
Prepared by: Jo Anne Johnson, Public Works Project Manager
Reviewed by: Chad Mosley, Director of Public Works
Reviewed by: Tina Kapoor, Interim Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – Draft Contract
B – Draft Amended Agreement, Tanko Lighting
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LED Streetlight Installation Rebid 2023 Form CONTRACT
Project No. 2022-13 Page 1
Contract
This public works contract (“Contract”) is entered into by and between the City of Cupertino
(“City”) and Bear Electrical Solutions (“Contractor”), for work on the LED Streetlight Installation
Rebid 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 November 19, 2024, City
authorized award of this Contract to Contractor for the amount set forth in Section 4, below.
City has elected to include the following Project alternate(s) in the Contract:
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: No other documents
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 $629,449.00 (“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. Contractor will fully complete the Work for the Project, meeting all
requirements for Final Completion, within 60 working 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.
6.Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if
Contractor fails to complete the Work within the Contract Time, City will assess liquidated
ATTACHMENT A - DRAFT CONTRACT
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LED Streetlight Installation Rebid 2023 Form CONTRACT
Project No. 2022-13 Page 2
damages in the amount of $1,000 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
Attn: Jo Anne Johnson
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LED Streetlight Installation Rebid 2023 Form CONTRACT
Project No. 2022-13 Page 3
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.
5014
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.
[Signatures are on the following page.]
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LED Streetlight Installation Rebid 2023 Form CONTRACT
Project No. 2022-13 Page 4
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
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1
THIRD AMENDMENT TO AGREEMENT 653 BETWEEN
THE CITY OF CUPERTINO AND TANKO LIGHTING
FOR CONSTRUCTION MANAGEMENT AND
CONSULTING SERVICES FOR VARIOUS CIP
PROJECTS
This Third Amendment to Agreement 653 is by and between the City of Cupertino, a
municipal corporation (hereinafter "City") and Tanko Lighting a Corporation (“Contractor”) whose
address is220 Bayshore Blvd, San Francisco, CA 94124 and is made with reference to the following:
RECITALS:
A.The City and Contractor entered into an Agreement for Construction Management and
Consulting Services for Various CIP Projects effective January 10,2023 (“Original
Agreement”) with term expiring June 30, 2024.
B.The City and Consultant entered into a First Amended Agreement for Construction
Management and Consulting Services for Various CIP Projects (“First Amendment”)
effective April 22,2024, with term expiring June 30, 2026.
C.The City and Consultant entered into a Second Amended Agreement for Construction
Management and Consulting Services on Various CIP Projects (Second Amendment”)
effective September 6, 2024, with term expiring June 30, 2026.
D.The Original Agreement, First Amendment and Second Amendment are collectively
referred to as the “Agreement” unless otherwise indicated.herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. Paragraph 2.1 of the Agreement is modified to read as follows: Scope of Services. Consultant
agrees to provide the Services “ as needed” and as set forth in the Scope of Services, attached
and incorporated here as Exhibit A. The Services must comply with this Agreement and with
each Service Order issued under the authority of the City Director of Public Works or his
designee, in accordance with the following procedures. Consultant 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 modified as follows: additional Scope of Services, attached
here and incorporated as Exhibit A-2
2. Paragraph 4.1 of the Agreement is modified to read as follows: Maximum Compensation. City
will pay Consultant for satisfactory performance of the Services a total amount that will based
upon actual costs but that will be capped so as not to exceed $ 306,914 (“ Contract Price”),
based on the budget and rates set forth in Exhibit C, Compensation, attached and incorporated
here. The Contract Price includes all expenses and reimbursements and will remain in place
ATTACHMENT B
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2
even if Consultant’ s actual costs exceed the capped amount. No extra work or payment is
permitted in excess of the Contract Price.
Exhibit C of the Agreement is modified as follows: additional Compensation, attached
and incorporated here as Exhibit C-2
3.Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain 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
TANKO LIGHTING
By
Title
Date
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Page 1 of 5
Service Order No. 3 to Master Service Agreement Consultant Services – City of Cupertino & Tanko Streetlighting, Inc.
Construction Management – Scope of Services
Task 1.0: LED Conversion Phase
Task 1.01: Community Outreach and Notification
CONSULTANT shall coordinate with the CITY’s media office to help develop a community outreach and
notification plan prior to the commencement of any project activities. The plan will ensure project
awareness and minimize public disturbance. CONSULTANT shall develop the message and provide the
planned installation schedule to the CITY’s media staff for distribution through the CITY’s existing media
outlets (press releases, website, etc.).
Deliverables:
•Project Messaging and Schedule: Specific language, draft press release, and timelines related to
installation to assist with notifying community members of the project.
Pricing – Task 1.01: Community Outreach and Notification
Position Hourly Rate Estimated Hours Extended Price
Principal $250 10 $2,500
Project Manager $188 32 $6,016
Data Analyst $156 12 $1,872
Total Not to Exceed Price: $10,388
Task 1.02: Logistics Management
CONSULTANT shall:
•Ensure the selected installation contractor stages the receipt of fixture shipments for installation in a
manner that ensures the secured storage of materials.
•Provide the CITY with a schedule of anticipated shipping dates for materials once the materials order
is placed.
•Develop an installation plan that minimizes inconvenience to the CITY and includes ordering
schedules, traffic control plans, waste disposal and recycling procedures (that comply with all
applicable State and Federal laws), and installation and commissioning schedules as required to the
CITY.
•Facilitate a pre-construction Kick-Off meeting with CITY staff and the installation contractor to review
the traffic control plans, work safety, permitting requirements public safety and waste material
handling procedures and requirements prior to the start of installation.
•Coordinate and participate in regularly scheduled progress meetings with CITY staff.
Deliverable:
•Logistics Management Details: Ordering, traffic control plans, required permits, disposal strategy,
pre-construction meeting, ongoing meetings, installation and commissioning schedules.
Exhibit A2 - C2
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Page 2 of 5
Service Order No. 3 to Master Service Agreement Consultant Services – City of Cupertino & Tanko Streetlighting, Inc.
Pricing – Task 1.02: Logistics Management
Position Hourly Rate Estimated Hours Extended Price
Principal $250 21 $5,250
Project Manager $188 104 $19,552
Data Analyst $156 67 $10,452
Total Not to Exceed Price: $35,254
Task 1.03: Installation Management
CONSULTANT shall:
• Develop installation maps and provide installers and relevant CITY staff for accurate project tracking.
• Ensure that any poles missing pole tags are updated with pole tags consistent with CITY’s existing
system.
• Ensure that installers are equipped with handheld devices and train them in collecting relevant data
on both the HPS fixtures being removed, as well as the LED fixtures being installed.
• Track each crew’s daily progress via time-stamped data on every fixture location.
• Provide immediate instruction to crews on any course corrections necessary.
Deliverable:
• Installation Maps: Maps with locations and fixture information used to dispatch installation crews
and allow CITY staff to track installation routes.
• Weekly Installation Report: A detailed listing of the locations completed during the installation
phase, along with maps corresponding to locations.
Pricing – Task 1.03: Installation Management
Position Hourly Rate Estimated Hours Extended Price
Principal $250 10 $2,500
Project Manager $188 109 $20,492
Data Analyst $156 173 $26,988
Total Not to Exceed Price: $49,980
Task 1.04: Commissioning Coordination
CONSULTANT shall ensure that the installers perform final inspection on all fixtures, correct any “punch
list” items, test lights to ensure that they work, and identify locations where repair needs CITY assistance.
CONSULTANT shall provide a complete commissioning report outlining any errors and actions taken to
correct errors.
Deliverable:
• Commissioning Report: Detailed analysis of final installation verification and testing, including
an outline of any errors and actions taken to correct errors.
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Service Order No. 3 to Master Service Agreement Consultant Services – City of Cupertino & Tanko Streetlighting, Inc.
Pricing – Task 1.04: Commissioning Coordination
Position Hourly Rate Estimated Hours Extended Price
Principal $250 8 $2,000
Project Manager $188 45 $8,460
Data Analyst $156 39 $6,084
Total Not to Exceed Price: $16,544
Task 1.05: Rebate and Tariff Change Coordination
CONSULTANT shall:
• Research any available rebate programs and facilitate all necessary tasks to ensure that the CITY
receives the rebates and billing changes for which it is eligible.
• Prepare all necessary and required documentation for the rebates and submit these to the
appropriate departments within the agency.
• Follow up with the agency to confirm the materials have been received and are in process.
• Assist the CITY with responses to any utility/agency questions regarding the submitted applications
for rebates.
• Coordinate with the utility on changing tariffs to the newly-installed LED fixture rates by preparing the
necessary documentation, submitting it to the utility, confirming the materials have been received,
and obtaining the timing for the modification to be processed.
• If known, provide the contact information for the appropriate party addressing any rate changes for
the CITY.
• Assist the CITY with responses to any utility questions regarding the submitted applications for tariff
changes.
Deliverable:
• Rebate and Tariff Change Documentation: A compilation of copies of paperwork submitted and
processed with the utility regarding rebate applications and tariff changes.
Pricing – Task 1.05: Rebate and Tariff Change Documentation
Position Hourly Rate Estimated Hours Extended Price
Principal $250 0 $0
Project Manager $188 32 $6,016
Data Analyst $156 35 $5,460
Total Not to Exceed Price: $11,476
Task 1.06: Final Reporting
CONSULTANT shall coordinate all final reporting and data requirements to ensure that the CITY considers
the project is compliant and complete. This includes finalizing the GIS layer with design and construction
data and updating the analysis of gross cost, savings, incentives, net cost, and payback of finalized design,
including any operation and maintenance of costs and savings. Additionally, CONSULTANT shall provide
contacts and the process whereby the CITY can obtain warranty support with the manufacturer(s) should
it be necessary.
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Service Order No. 3 to Master Service Agreement Consultant Services – City of Cupertino & Tanko Streetlighting, Inc.
Deliverable:
• Final Reporting Documentation: Final requirements necessary to process the available rebates
and tariff changes with the CITY, as well as post-construction electronic GIS records for all newly-
installed streetlights in the CITY, including all wattages, badge numbers, locations, and other
associate attributes, and environmental disposal documentation.
Pricing – Task 1.06: Final Reporting
Position Hourly Rate Estimated Hours Extended Price
Principal $250 10 $2,500
Project Manager $188 69 $12,972
Data Analyst $156 70 $10,920
Total Not to Exceed Price: $26,392
OPTIONAL – Task 1.07: Remedy of Miss-Billings
Based on the results of the Data Reconciliation Report, CONSULTANT shall provide additional assistance
reconciling the streetlight billing discrepancies with the utility to credit the CITY for any miss-billings.
Deliverable:
• Miss-Billing Documentation: Submission of required documentation to utility to remedy any
streetlight mis-billings. Follow up meeting and coordination with CITY and utility as needed.
Pricing – Task 1.07: Remedy of Miss-Billings
Position Hourly Rate Estimated Hours Extended Price
Principal $250 0 $0
Project Manager $188 12 $2,256
Data Analyst $156 16 $2,496
Total Not to Exceed Price: $4,752
OPTIONAL – Task 1.08: Custom Design for Decorative Fixtures
Any decorative fixture beyond the standard design process (defined as any non-cobra head fixture where
the design can be determined through the audit process or has already been designed) will require a
custom LED replacement design, provided on a per custom design created (not on a per fixture basis).
CONSULTANT shall design the custom LED retrofit (note this shall be one custom design for an estimated
twenty (20) shoebox fixtures), dispatch of a contractor to measure the fixture, design of a custom insert,
coordination with a metal fabricator to create a sample, etc. Should the CITY opt for this Task, it will be
performed prior to Task 1.03 – Installation Management.
Deliverable:
• Custom Retrofit Fixture: A custom designed LED retrofit that preserves the aesthetics of the
existing shoebox fixture while providing the improved light quality and energy saving benefits.
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Service Order No. 3 to Master Service Agreement Consultant Services – City of Cupertino & Tanko Streetlighting, Inc.
Pricing – OPTIONAL Task 1.08: Custom Design for Decorative Fixtures
Position Hourly Rate Estimated Hours Extended Price
Principal $250 4 $1,000
Project Manager $188 6 $1,128
Data Analyst $156 0 $0
Total Not to Exceed Price: $2,128
Summary of Services
Task Not to Exceed Price
Task 1.01: Community Outreach and Notification $10,388
Task 1.02: Logistics Management $35,254
Task 1.03: Installation Management $49,980
Task 1.04: Commissioning Coordination $16,544
Task 1.05: Rebate and Tariff Change Coordination $11,476
Task 1.06: Final Reporting $26,392
Total Not to Exceed Price: $150,034
Optional Tasks
OPTIONAL Task 1.07: Remedy of Miss-Billings $4,752
OPTIONAL Task 1.08: Custom Design for Decorative Fixtures $2,128
Total Cost for Optional Adders (Not included in the above): $6,880
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CITY OF CUPERTINO
Agenda Item
24-13449 Agenda Date: 12/3/2024
Agenda #: 10.
Subject: Approval of a contract with Alta Planning + Design, Inc. for the Development of an Active
Transportation Plan (ATP) in the amount of $300,000. (PW - David Stillman)
1. Approve a contract services agreement with Alta Planning + Design, Inc. in the amount of $300,000
for the development of a citywide Active Transportation Plan.
2. Authorize the City Manager to execute the agreement and any necessary amendments within the
approved budget of $330,000.
3. Authorize the City Manager to execute any change orders up to a project contingency amount of
$30,000 (10%), for a total contract amount of $330,000.
CITY OF CUPERTINO Printed on 11/26/2024Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: December 3, 2024
Subject
Approval of a contract with Alta Planning + Design, Inc. for the Development of an
Active Transportation Plan (ATP) in the amount of $300,000.
Recommended Action
1. Approve a contract services agreement with Alta Planning + Design, Inc. in the
amount of $300,000 for the development of a citywide Active Transportation
Plan.
2. Authorize the City Manager to execute the agreement and any necessary
amendments within the approved budget of $330,000.
3. Authorize the City Manager to execute any change orders up to a project
contingency amount of $30,000 (10%), for a total contract amount of $330,000.
Reasons for Recommendation
In April, the Council added the ATP to the City Work Program as one of the priority
projects. With significant progress made in implementing the recommendations of the
2016 Bicycle Transportation Plan and the 2018 Pedestrian Transportation Plan, there was
a need for a new, comprehensive ATP to build on these improvements and address
evolving community needs. Additionally, there is a growing necessity for a unified
approach in the form of a Citywide ATP, which will coordinate the goals and
infrastructure projects of both bicycle and pedestrian initiatives, while also considering
the ongoing needs of motorized vehicles. This integration will streamline the City of
Cupertino’s approach to active transportation and ensure a more cohesive and efficient
implementation of transportation infrastructure improvement projects. By developing a
unified plan, the City 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 project will rely on data analysis, community engagement, and modern best
practices to develop an ATP for the City of Cupertino. It will identify current gaps in the
pedestrian and bicycle networks and examine traffic and collision data to propose
infrastructure improvements that will increase safety and accessibility for all roadway
users. Community input will shape the final recommendations, ensuring the ATP aligns
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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. The project is anticipated to take fourteen months to complete.
Background
At the January 24, 2024, Bicycle Pedestrian Commission (BPC) meeting, the BPC
recommended that the ATP be elevated to a 'High Priority' City Work Program item.
Following this recommendation, the project was endorsed and recommended to the
Council by multiple commissions (Teen Commission, BPC, and Planning Commission)
for inclusion in the Fiscal Year (FY) 2024-2025 Adopted Budget as a City Work Program
project. The City Council approved the ATP project and included it as an item in the FY
2024-2025 Adopted Budget.
On June 18, the City Council adopted Resolution No. 24-063 authorizing staff to request
that the Metropolitan Transportation Commission (MTC) allocate FY 2024-2025
Transportation Development Act Article 3 Pedestrian/Bicycle Project funding for the
City of Cupertino. This action allowed MTC and the Valley Transportation Authority
(VTA) to program $330,000 in TDA3 funds for Cupertino to use in the development of
an Active Transportation Plan. TDA3 funds are distributed to jurisdictions based on
population figures from the California Department of Finance.
The City conducted a competitive Request for Proposals (RFP) process in accordance
with the City's procurement policies and guidelines for professional services. The RFP
resulted in four proposals, each of which was evaluated based on established criteria.
Alta Planning + Design was selected as the top proposer due to its strong scoring across
all criteria and demonstrated knowledge of Cupertino's unique needs and priorities. The
RFP issued by the City is available at https://apps.cupertino.org/details/720. The City
does not make a practice of distributing RFP responses prior to the execution of the
contract to protect the RFP and contract negotiation process.
Next Steps
If approved, the project will kick off in January 2025, initially focusing on setting up
project management frameworks and stakeholder engagement. The project team will
then proceed to deliver the tasks outlined in the scope of work, including data analysis,
community input sessions, and the development of infrastructure recommendations.
If this item is not approved, the City will not develop a comprehensive Active
Transportation Plan, potentially delaying progress on addressing critical safety gaps and
improving connectivity for pedestrians and cyclists. Without the Active Transportation
Plan, Cupertino may not be able to achieve its Climate Action Plan goals, leverage future
grant opportunities, and would not complete the work requested in the City Work Plan.
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Sustainability Impact
The Cupertino ATP will have positive sustainability impacts because the advancement
of this plan will include developing infrastructure improvement recommendations 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 City has been approved for the allocation of $330,000 (budget unit 100-88-844 750-
243) in TDA 3 funds for the development of the Active Transportation Plan. The
project’s General Fund appropriation will be offset by the amount of grant funds
received so that there will be no fiscal impact to the General Fund from the project.
City Work Program (CWP) Item: Yes, FY 24-25.
CWP Item Description:
Active Transportation Plan
This item is a consolidation of existing and new transportation efforts aiming to further
goals outlined in the City's Vision Zero Initiative, including:
1) Review and update the bike plan
2) Review and update the pedestrian plan
3) Review current Complete Streets Policy and propose adjustments to create a
better interface between all modes of transportation
Council Goal: Transportation
California Environmental Quality Act (CEQA)
This project is statutorily exempt from CEQA pursuant to Public Resources Code section
21080.20(a) (preparation of an active or bicycle transportation plan).
_____________________________________
Prepared by: Matthew Schroeder, Senior Transit and Transportation Planner
Reviewed by Chad Mosley, Director of Public Works
Reviewed by: Tina Kapoor, Interim Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – Contract Services Agreement
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PROFESSIONAL/CONSULTING SERVICES AGREEMENT
1.PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”),
and Alta Planning + Design, Inc. (“Contractor”), a Corporation for a Citywide Active
Transportation Plan, 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 March 31, 2026 (“Contract
Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the
Effective Date and shall be completed by March 31, 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 Contractor shall perform its services in a prompt and timely manner. Contractor
must have sufficient time, resources, and qualified staff to deliver the Services on time.
Attachment A
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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
$ 330,000 (“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
that Contractor or any employee, agent, or subcontractor of Contractor providing services under this
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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 marked as confidential or proprietary or that
should reasonably be understood to be confidential or proprietary from the circumstances of
disclosure 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.
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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:
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(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, 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.
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.
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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 Matthew Schroeder 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 Christopher Kidd
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
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.
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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. Contractor may
terminate this Agreement by written notice for cause, in whole or in part, if City breaches or fails
to pay Contractor in accordance with this Agreement and, following notice, fails to cure or begin
to cure such breach or failure within ten (10) days of receipt of notice from Contractor.
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.
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.
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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: Matthew Schroeder
Email: matts@cupertino.gov
To Contractor:
Alta Planning + Design, Inc.
101 SW Main St, Ste 2000
Portland, OR 97204
Attention: Christopher Kidd
Email: christopherkidd@altago.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
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.
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IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO CONTRACTOR
A Municipal Corporation
By By
Name Pamela Wu Name Steven Frieson
Title City Manager Title COO
Date Date
APPROVED AS TO FORM:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
DATE:
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Scope of Work
Task 1. Project Management and Coordination
Task 1.1 Project Initiation
Within two weeks of receiving a Notice to Proceed, Alta will plan and facilitate a project kick-off meeting with the Project
Management Team (PMT) which will include the core of the working team from the City and the Alta team. Recommended
objectives for the kick-off meeting include:
• Present & confirm proposed scope, schedule, and budget
• Review project goals and objectives
• Discuss initial data needs; outreach and engagement strategy; and anticipated level of effort required for data
inventory and updates
• Establish overall expectations, including communication channels, project templates, and protocols for sharing
deliverables via cloud-based tools.
Alta will provide a kick-off meeting packet with the agenda, handouts, and presentation ahead of the meeting. Following
the kick-off meeting, the Alta team will prepare and submit minutes within five (5) business days, including: discussions and
outcomes, a detailed schedule for internal City use, and a simplified schedule for use with the broader public and City
Council.
Alta will also develop and deliver a memo to request relevant background documents, GIS and other available data needed
to perform project analyses and create base maps. Alta will work with the City’s project manager to develop an agreed
upon GIS data structure for the duration of the project. At the completion of the project, Alta will provide the project’s GIS
data in an ESRI file geodatabase.
1.2 - Project Management Team Meetings
Alta will coordinate monthly project management team (PMT) meetings with City staff and other key members of the
project team, held online. These meetings will allow for close communication on upcoming tasks, review of deliverables,
establishment of action items, and proactive resolution of potential issues or concerns. Alta will prepare a recurring online
meeting link, agendas, and minutes. Monthly project status reports will be included with each monthly invoice,
summarizing tasks completed and outlining tasks to be completed over the next 30 days.
There will be ongoing coordination between Alta’s Project Manager and the City’s project manager—including email, phone
and written communication to keep City staff up-to-date on the development of the plan.
TASK 1 DELIVERABLES
• Kick-off meeting agenda, presentation and handouts, facilitation, and minutes/action items
• Data Request Memo
• Project schedule breakdown (both detailed and simplified)
• Monthly project management meeting agendas, project status reports, and minutes/action items (assumes 12
month meetings)
• Monthly invoices and progress reports (single monthly invoice, with budget/progress)
Task 2 - Public Engagement
2.1 - Public Participation Plan
EXHIBIT A
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Alta will work closely with the city PMT to develop a Public Participation Plan (PPP) that will identify strategies to
meaningfully engage with Cupertino’s broad array of stakeholders. Alta will provide a draft PPP within three (3) weeks of
the kick-off meeting for review and comment by the city PMT. We anticipate the PPP will describe outreach activities that
will take place over two phases:
PHASE 1: DISCOVERY - Understand unmet walking and bicycling needs for the City’s residents and visitors.
PHASE 2: RECOMMENDATIONS - Provide opportunities for the public to refine project and program recommendations and
to inform the prioritization and implementation process.
The PPP will include a schedule of activities (minimum of 10 public engagement events), deliverables, and anticipated
actions required of the City. Engagement strategies, both online and in-person, will encourage open and meaningful
conversation among a diverse range of stakeholders on active transportation issues and needs. We are sensitive to the
limits on participants’ time and will structure outreach and engagement opportunities that align with existing meetings and
events as much as possible. The PPP will also develop key messages to clearly identify decision space for the public, helping
to establish a baseline of trust at the outset of the project.
2.2 – Public Input Survey (Website, Webmap)
Alta proposes for the Public Input Survey to develop a mobile-friendly project webpage that includes an online interactive
community input map, allowing the public to identify priority destinations, routes they would like to see improved, and
similar feedback. Outreach materials for Public Engagement Activities (Task 2.3) will be developed to replicate the format of
the interactive community map to ensure comparable data across all outreach activities.
Our in-house website development team will develop an interactive project website to:
• Promote outreach and education materials
• Host the proposed public surveys
• Document workshops, public events, and other in person engagement opportunities
• Allow members of the public to provide feedback on the Draft Plan and eventually view the Final Plan
Interactive Input Maps and Community Survey (2 phases):
The Alta team will develop a two-phase online interactive community survey. Alta has developed a technology to support
online survey and map input that works well on computers, tablets and phones.
During the discovery phase, users will be able to provide feedback in the form of points and lines on the map with
information such as:
• Frequently used routes & preferred routes
• Origins and destinations
• Bicycle/pedestrian network gaps
• Difficult crossings, perceived safety issues, and connectivity barriers
• Recreational and commuter needs
• Pavement quality, wayfinding, and signage issues
• Desired bike parking and other support facilities
This interactive tool has generated hundreds of comments for many of our previous and existing projects, including the
Santa Clara County Active Transportation Plan. See SacStreetsforPeople.org for a current live example of an interactive
input map. The maps can be brought to community meetings and pop-up workshops on iPads to encourage additional
engagement from those without access to the internet.
During the recommendations phase, Alta will develop a second community map survey where residents can provide input
on recommended projects and project prioritization.
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2.3 - Public Engagement Activities
We anticipate the public outreach process will have two major phases, aligning with the two phases of the Public
Participation Plan in Task 2.1. The first phase will solicit feedback on existing conditions, key destinations, and community
concerns. The second phase will focus on reflecting public input from the first phase, analysis results, proposed projects,
and program and policy recommendations.
Alta anticipates hosting up to four (4) community events. During each phase, one community event will be in-person and
one community event will be held online. The Alta team also proposes up to six (6) pop-up events. This could include
participation in public festivals, school events, or a community-led bike/roll event.
TASK 2 DELIVERABLES
• Draft and Final Public Participation Plan
• Draft and Final project website
• Draft and Final webmap survey – two (2) phases
• Draft and Final survey results report
• Attendance, collateral materials and summary for up to four (4) public meetings. Two meetings will be hosted in-
person and two meeting to be hosted virtually
• Attendance, collateral materials and summary for up to six (6) pop-up meetings
• Public Participation summary report (Appendix to the Plan)
Task 3 - Existing Conditions/ Data Collection
3.1 – Plan and Policy Review
Alta will request available relevant data, plans, policies and regulations as part of the Data Request Memo. Alta will review
relevant approved planning documents to develop an understanding of the local policy baseline and active transportation
plans and networks in Cupertino. This will include consideration of the pattern of future growth and development and the
impact it is expected to have on active transportation demand. Documents to be reviewed by Alta may include, but are not
limited to:
• 2024 Cupertino Vision Zero Action Plan
• 2016 Cupertino Bicycle Transportation Plan
• 2018 Cupertino Pedestrian Transportation Plan
• 2023 Cupertino Local Road Safety Plan
• 2018 Cupertino Complete Streets Policy
• 2024 Santa Clara County Active Transportation Plan (in progress)
• 2022 Cupertino Climate Action Plan
• 2021 Cupertino Bollinger Road Corridor Safety Study
• 2021 Cupertino Transportation Study Guidelines
• 2020 Cupertino Parks and Recreation Master Plan
• 2015 Cupertino General Plan Transportation Element
• 2024 VTA Valley Transportation 2050 (in progress)
• Cupertino Safe Routes to School Program
Alta will work with the city PMT to finalize the list of approved plans to review at the onset of the project. Alta will
summarize all reviewed plans in a review matrix highlighting progress made on past plans, key recommendations, policies,
and projects. The 2024 Vision Zero Action Plan will feature prominently in integration of policies and actions for the Active
Transportation Plan. Following a single set of internally consistent comments, the memo will be updated and finalized for
use in the Draft Plan.
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3.2 – Develop Goals, Objectives, and Performance Measures
Alta will work with the City to develop a set of quantifiable short, medium, and long-range goals, objectives, and
performance measures – establishing a clear and compelling vision for walking and biking in Cupertino.
Goals, objectives and performance measures will be aligned with priorities from Task 3.1 Plan Review, considering the
intersectionality between safety, connectivity, equity, mobility, and sustainability. We will draw on our national library of
best practice policies, as well as our work developing performance measures including such guidebooks as FHWA’s
Measuring Multi-Modal Network Connectivity. Through this task, Alta will also work with the City to identify existing
policies that may need to be revised for a successful Plan.
As part of this task, Alta will develop a draft Goals, Objectives, and Measurable Outcomes technical memo for the City to
review and comment. Following a single set of internally consistent comments, the memo will be updated and finalized for
use in the Draft Plan.
3.3 – Existing Conditions Review
Alta will develop a comprehensive basemap in ArcGIS capturing key cartographic features in Cupertino that relate to active
transportation including streets, parks, schools, topography, community demographics, collision locations, and
current/future land uses. This basemap will be shared with City staff for one (1) round of comments to inform edits to the
layout, labeling, cartographic style, and other presentation elements of the maps.
The Alta team will review the City’s inventory of existing bicycle and pedestrian infrastructure data for completeness,
including existing bicycle facilities, sidewalks, bike parking and wayfinding. Alta will develop a set of maps, tables, and
narrative that describe the existing pedestrian and bicycle networks and conditions.
The Alta team will conduct the following analysis of existing conditions:
Collision Analysis – the Alta team will integrate the findings of the High Injury Network analysis conducted for the
2024 Vision Zero Action Plan.
Bicycle & Pedestrian Level of Traffic Stress - Alta will complete a level of traffic stress analysis for the bikeway
network (BLTS) and the pedestrian network (PLTS), ranking streets from low stress (LTS 1) to high stress (LTS 4).
This network will be based on the preliminary LTS analysis derived from OpenStreetMap data, supplemented by
inventory activities in Task 3.3. Our analysis will illustrate how stress barriers (e.g., challenging crossings) can
create areas of disconnectivity and islands along what otherwise appear to be low-stress roadways.
Active Trip Potential Assessment - Alta proposes the use of local travel demand models, Replica Places, or
StreetLight Origin-Destination (OD) data to understand existing travel patterns with special attention on short trip
distances that can be made as active trips. A heat map will be generated showing percentage of trips that could be
served via walking, biking, or electric micromobility throughout the study area. This analysis often points to
locations where latent demand exists for active transportation. Alta will also provide an interactive visualization of
origin-destination flows in the form of an Alta Flow Dashboard.
Alta will synthesize findings and analysis into an existing conditions technical memo. Findings, presented with narrative,
maps, and graphics, will support work during the public outreach phases of the project and will form the basis for
development of project recommendations. At the end of the project, Alta will provide the City with GIS shapefiles and
attribute tables used in the analysis.
3.4 – Needs Assessment
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Combining analysis conducted in Task 3.3 and public input gathered in Task 2, Alta will conduct an in-depth evaluation to
uncover the underlying barriers to efficient and comfortable travel for short trips which are currently marred by significant
levels of indirectness and perceived barriers to travel. This analysis will integrate the insights gleaned from the Active Trip
Potential Assessment with comprehensive evaluations of traffic stress networks developed in previous tasks. By analyzing
origin-destination (OD) data in conjunction with assessments of network-induced stress, Alta intends to identify short trips
that exhibit high degrees of indirectness and stress, thereby discouraging active transportation modes.
Alta will produce maps illustrating OD flows, where the thickness of lines will indicate the volume of trips and colors will
denote levels of indirectness, employing both stress-adjusted and non-stress-adjusted measures. These visual
representations can provide clear insights into how infrastructure and stress impact travel choices, identifying areas for
active transportation investment. These analysis results can be summarized to census block group level heat maps to
illustrate the average stress-levels and route directness at a fine-grained level.
Alta will produce a series of maps, tables, and related narrative that describe gaps and needs that can be addressed by the
City. Particular attention will be placed on the intersectionality of improving safe routes to school and safety (i.e., Vision
Zero) for all roadway users. Information from the public outreach process will also be integrated into this process.
TASK 3 DELIVERABLES
• Draft and Final Plans and Policies Summary Memo
• Draft and Final Goals, Objectives and Measurable Outcomes Memo
• Draft and Final Existing Conditions Summary
• BLTS Map, PLTS Map, and geodatabase of LTS feature classes
• One heat map showing potential for active trips or micromobility
• Alta Flow interactive visualization of origin-destination flows
• Needs Assessment Summary
Task 4 - Project Recommendations
4.1 – Develop Project Recommendations
Alta will develop a combined, prioritized set of recommendations to improve walking and bicycling throughout the city with
a focus on creating a network for all ages and abilities. This task will be informed by existing best practices, outcomes from
the Public Engagement Process (Task 2), Existing Conditions Analysis (Task 3.3), and Needs Assessment (Task 3.4).
Maps depicting existing, funded, and proposed pedestrian and bikeway projects will be developed along with a project list
with the project name, proposed facility type, segment endpoints, and segment length for each recommended
improvement. Recommended improvements will include, but are not limited to, locations where Class IV bicycle facilities,
separated intersections, or enhanced pedestrian crossings are most appropriate.
Drawing on the socio-demographic analysis and the medium-to-long-term measurable objectives developed as part of Task
3, Alta will recommend non-infrastructure programs, identifying responsible implementing departments, agencies, or
partner groups. Recommendations will be based on best practices and proven records of effectiveness. Alta is the only
active transportation firm with a department dedicated to planning and implementing education and encouragement
components of active transportation programs.
Alta’s Civic Analytics team has developed tools to streamline prioritization analysis in either GIS or Excel. Based on the types
of data available, Alta can use qualitative scoring or percentile-based scores for comparing up to eight different metrics of
success for the entire study area. This approach overlays a hexagonal grid on the study area and evaluates need and project
impact on a micro level, enabling flexibility in project extents, future assessments, and changing physical conditions.
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4.2 Financial Analysis
Planning level cost estimates will be developed for bicycle and pedestrian on- and off-road facilities based on existing
industry costs and comparable recent City projects. Cost estimates may include both permanent improvements as well as
quick-build options.
The Alta team will leverage its knowledge of funding for active transportation projects to develop a relevant list of funding
streams for project implementation. We will work with City staff and regional partners to identify available funding sources
for further planning, engineering, and construction work. This will help the City identify both priorities and appropriate
methods for implementation, including relevant funding sources.
The implementation strategy will include consideration of several factors that determine the feasibility of projects. Alta will
create an implementation plan that assembles priority projects into “implementation packages” and phases them for either
short-term, medium-term, or long-term implementation.
TASK 4 DELIVERABLES
• Draft and Final Project Recommendations Summary
• Programmatic and policy recommendations
• Prioritization methodology and related maps
• Draft and Final Financial Analysis technical memo
• Planning-level cost estimates
• Funding source matrix
Task 5 - Active Transportation Plan
5.1 – Develop Report
Alta will prepare and circulate an administrative draft plan that will consist of content from drafted and approved technical
memos and task summaries from previous tasks. Alta will provide at least four (4) weeks for City staff to complete the
Administrative Draft Plan review.
Following the City’s comments on the Administrative Draft, Alta will develop a public facing Draft Active Transportation Plan
Document. The Draft Plan will be an attractive, reader-friendly, graphic-rich document. It is anticipated that the Public Draft
Plan will be presented following Phase 2 of public outreach. The Alta team also proposes posting an interactive PDF of the
draft plan to the project website for a period of one month. Interactive PDFs allow the public to post comments directly
onto the pages of the plan, noting areas of improvement. These comments can then be reviewed by the Alta project team
and incorporated into the Final Plan. It is anticipated that Alta will address up to one (1) round of consolidated non-
contradictory comments.
Alta will revise the draft plan and produce a final plan based on public comments and guidance from City staff. Alta will
provide the City a minimum of two (2) weeks to conduct a final plan review to identify remaining ‘fatal flaws’. Alta will
revise the Final Plan based on one (1) set of consolidated non-contradictory City comments.
5.2 Council/Commission Presentation
The Alta team will develop a presentation for three (3) meetings of the Bicycle Pedestrian Commission and one (1) meeting
of the City Council throughout the lifecycle of the plan process. We anticipate the first two Bicycle Pedestrian Commission
meetings will occur at major project milestones, while the final Commission meeting and sole City Council meeting will be
reserved for seeking Plan approval. We anticipate each meeting to be 2 to 3 hours in length.
We anticipate working with the City to serve as a conduit for information sharing and requesting feedback from the Bicycle
Pedestrian Commission during the duration of the project. To maximize existing budget and help streamline the
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development of the Plan, we propose that these meetings be hosted through a combination of in-person and virtual
meetings.
TASK 5 DELIVERABLES
• Administrative Draft Plan
• Public Draft Plan
• Final Plan
• All project files, supporting technical data, reports and documentation
• Compilation of comments received and responses
• Presentations to Bicycle Pedestrian Advisory Committee (3) with notes and action items
• Presentation to City Council with notes and action items
Contingency
This contract will hold a reserve of $29,422 as a contingency fund against out-of-scope task. Prior to utilization of
contingency funding, the Alta team will submit a scope modification to the City of Cupertino for review and authorization.
This scope modification will include identification of out-of-scope requests by the City, corresponding workplan &
deliverables, schedule, and fee. Contingency tasks will only be initiated after receiving a formal Notice to Proceed from the
City of Cupertino.
Schedule
Detailed schedule provided on following pages.
Budget
Detailed budget provided on following pages.
Task Budget
Task 1. Project Management & Coordination $21,736
Task 2. Public Engagement $58,679
Task 3. Existing Conditions/Data Collection $104,973
Task 4. Project Recommendations $61,046
Task 5. Active Transportation Plan $49,459
Direct Expenses $4,685
Contingency $29,422
TOTAL $330,000
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SCHEDULE - Cupertino Active Transportation Plan
1. Project Management and Coordination
1.1 Project Initiation X
1.2 Project Management X X X X X X X X X X X X
2. Public Engagement
2.1 Public Participation Plan
2.2 Public Input Survey
2.3 Public Engagement Activities X X X X X X
3. Existing Conditions/Data Collection
3.1 Plan and Policy Review
3.2 Develop Goals, Objective, and Performance Measures
3.3 Existing Conditions Review
3.4 Needs Assessment
4. Project Recommendations
4.1 Develop Project Recommendations
4.2 Financial Analysis
5. Active Transportation Plan
5.1 Develop Report
5.2 Council/Commission Presentation X X X X
LEGEND
Task Progress
Meeting / Workshop X
Deliverable
Client review
2026
JanJun Jul Aug SeptDec Jan Feb
2024 2025
Oct Nov DecApr MayMar
Exhibit B
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Cupertino Active Transportation Plan
Project Budget
Principal in
Charge
Project
Manager
Assistant
Project
Manager
Technical
Advisor
Senior Associate
Landscape
Architect
Civic Analytics
Leader
Civic Data
Analyst II
Civic Data
Analyst II Planner I Art Director
Graphic Design
Studio Lead
Web
Developer III
Technical
Editor
Project
Accountant
Alta's
Hours Alta Principal
Design
Speciailst Hours
HMH
Engineering
Samuel
Corbett
Christopher
Kidd George Foster
Jeffrey
Knowles Brian Burchfield
David
Wasserman
Isabel (Izzy)
Youngs Rohan Oprisko
Jesus
Contreras
Marguerite
Schumm Nancy Chen Zane DeBusk Katie Atkins
Kirsten
Clausen Sub Total Jon
Cacciotti
Alyson
Goulden Sub Total
2025 Hourly Rate*$314 $252 $155 $294 $252 $252 $180 $155 $134 $196 $196 $180 $155 $118 $284 $192
1 Project Management and Coordination 9 29 28 0 0 0 0 4 0 0 0 0 0 32 102 $18,880 6 6 12 $2,856 114 $21,736
1.01 Project Initiation 3 5 4 0 0 0 0 4 0 0 0 0 0 0 16 $3,440 2 0 2 $568 18 $4,008.20
1.02 Project Management 6 24 24 0 0 0 0 0 0 0 0 0 0 32 86 $15,440 4 6 10 $2,288 96 $17,727.70
2.00 Public Engagement 8 14 56 0 0 0 0 0 100 10 20 120 4 0 332 $56,207 6 4 10 $2,472 342 $58,679
2.01 Public Participation Plan 2 6 6 0 0 0 0 0 10 0 0 0 0 0 24 $4,408 2 0 2 $568 26 $4,976.40
2.02 Public Input Survey 2 0 10 0 0 0 0 0 20 0 0 120 0 0 152 $26,481 0 0 0 $0 152 $26,481.30
2.03 Public Engagement Activities 4 8 40 0 0 0 0 0 70 10 20 0 4 0 156 $25,317 4 4 8 $1,904 164 $27,221.40
3.00 Existing Conditions/Data Collection 13 33 19 8 8 69 95 215 96 0 0 0 6 0 562 $101,249 5 12 17 $3,724 579 $104,973
3.01 Plan and Policy Review 1 5 5 0 0 0 0 0 24 0 0 0 1 0 36 $5,717 0 0 0 $0 36 $5,716.50
3.02 Develop Goals, Objectives, and
Performance Measures 2 8 2 4 4 3 0 0 18 0 0 0 1 0 42 $8,461 5 12 17 $3,724 59 $12,185.45
3.03 Existing Conditions Review 6 15 4 2 2 16 60 175 24 0 0 0 2 0 306 $52,793 0 0 0 $0 306 $52,792.65
3.04 Needs Analysis 4 5 8 2 2 50 35 40 30 0 0 0 2 0 178 $34,278 0 0 0 $0 178 $34,278.40
4.00 Project Recommendations 10 24 15 9 9 18 15 50 74 0 0 0 4 0 228 $41,926 20 70 90 $19,120 318 $61,046
4.01 Develop Project Recommendations 6 20 15 5 5 10 15 40 60 0 0 0 2 0 178 $31,729 5 10 15 $3,340 193 $35,069.15
4.02 Financial Analysis 4 4 0 4 4 8 0 10 14 0 0 0 2 0 50 $10,197 15 60 75 $15,780 125 $25,977.00
5.00 Active Transportation Plan 9 26 28 4 4 0 0 0 70 20 80 0 20 0 261 $47,931 2 5 7 $1,528 268 $49,459
5.01 Develop Report 7 20 16 4 4 0 0 0 50 20 80 0 20 0 221 $41,257 2 5 7 $1,528 228 $42,784.65
5.02 Council/Commission Presentation 2 6 12 0 0 0 0 0 20 0 0 0 0 0 40 $6,674 0 0 0 $0 40 $6,674.40
Staff Hours 49 126 146 21 21 87 110 269 340 30 100 120 34 32 1485 39 97 136 1621
Labor Total $15,393 $31,796 $22,557 $6,165 $5,299 $21,954 $19,828 $41,561 $45,526 $5,871 $19,570 $21,630 $5,253 $3,790 $266,193 $11,076 $18,624 $29,700 $295,893.20
Travel $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,000 $100 $100 $200 $1,200
Printing $2,000 $0 $0 $0 $2,000
Contingency $29,422 $29,422
Subconsultant 5% Markup $1,485 $1,485
Project Total $15,393 $31,796 $22,557 $6,165 $5,299 $21,954 $19,828 $41,561 $45,526 $5,871 $19,570 $21,630 $5,253 $3,790 $269,193 $11,176 $18,724 $31,385 $330,000
GENERAL NOTES:
* This fee proposal is valid for 90 days from the date submitted.
* Hours and staff assignments can be adjusted by the consultant as needed to implement the tasks described during the course of the project.
* Hourly rates will be adjusted if work is continued into subsequent year(s).
Total
Task
Hours
Total Task
FeePhase
Alta Planning + Design, Inc.HMH Engineering
Exhibit C
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CITY OF CUPERTINO
Agenda Item
24-13519 Agenda Date: 12/3/2024
Agenda #: 11.
Subject:City Manager’s First Quarter Financial Report for Fiscal Year (FY) 2024-25 (Continued from
November 19, 2024)
A. Accept the City Manager’s First Quarter Financial Report for Fiscal Year 2024-25; and
B. Adopt Resolution No. 24-106 approving Budget Modification No. 2425-367, increasing appropriations
by $331,128 fund by unassigned fund balance.
Presenter: Kristina Alfaro, Director of Administrative Services
CITY OF CUPERTINO Printed on 11/26/2024Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: December 3, 2024
Subject
City Manager’s First Quarter Financial Report for Fiscal Year (FY) 2024-25
Recommended Action
1. Accept the City Manager’s First Quarter Financial Report for Fiscal Year 2024-25; and
2. Adopt Resolution No. 24-XXX approving Budget Modification No. 2425-367, increasing
appropriations by $384,698, revenues by $53,570 resulting in the use of unassigned fund
balance of $331,128.
Executive Summary
The First Quarter (Q1) Financial Report for FY 2024-25 outlines the City’s financial status as of
September 30, 2024. It is a critical tool for the City to evaluate its current revenue outlook and
make necessary adjustments to the budget in response to changing spending priorities. It
provides an overview of the City's budget status, including its revenue outlook, expenditure
patterns, and other key financial metrics. Additionally, the report helps the City stay on track
toward achieving its goals and objectives by providing valuable insights into the City's financial
performance. By using this information to make informed decisions and take appropriate actions,
the City can maintain its fiscal sustainability.
The FY 2024-25 Amended Budget is $217.4 million, increasing from an adopted budget of $146.6
million due to carryovers and encumbrances from the last fiscal year, in addition to Council-
approved budget adjustments.
In FY 2023-24, revenues were lower than budgeted, primarily due to the carryover of Vallco Town
Center revenues. Positive variances were noted in use of money and property and property tax.
Expenditures were also lower than budgeted across all expense categories, driven by savings in
salaries and benefits, materials, contract services and Capital Outlays.
As of the first quarter of FY 2024-25, revenue was $6.1 million (35% lower than last year), due to
decrease in sales and transient occupancy tax. This is primarily due to a shift to cash basis
accounting for interim reports as recommended by the City’s financial auditors, The Pun Group.
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While this change enhances cash flow accuracy, it may limit comparability with FY 2023-24. The
decrease mainly impacts sales tax as discussed further in the Q1 Update, General Fund section.
Reasons for Recommendation
This item was originally on the November 19, 2024, Council agenda. At the time, staff
recommended $331,128 in budget adjustments representing either final budget clean up items, or
new items that materialized after budget adoption. These have been separated from adjustments
related to the One-time Funds Allocation Plan item in that these recommendations would be
made regardless of whether the City had uncommitted the sales tax repayment reserve. The item
was not heard on November 19 and subsequently staff has updated the recommended
adjustment to $384,698 in expenditure and $53,570 in revenue. The increase to both
appropriations and revenues is from a transfer out of the General Fund and a transfer into the
CDBG fund for the 2025-2030 consolidated plan.
Background
On June 4, 2024, the City Council adopted the FY 2024-25 Adopted Budget, a $146.6 million
spending plan funded by $139.3 million in revenue and $7.3 million in fund balance. The adopted
budget reflected a $102,805 increase from the proposed budget as illustrated below.
Budget Actions Amount
Proposed Budget & Capital Improvement Program (Including
Transfers)146,543,688$
Final Budget Hearing & Adoption
Operating Changes 102,805
FY 2024-25 Adopted Budget 146,646,493$
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As part of the FY 2023-24 year-end close, additional funds were carried forward to FY 2024-25,
amounting to $9.0 million in encumbrances and $61.1 million in budget carryovers.1 The largest
encumbrances were for General Fund ($4.8 million), and the largest carryovers were for General
Fund ($24.3 million). Furthermore, the FY 2024-25 Amended Budget includes Council-approved
budget adjustments from July 1 to September 30, 2024, totaling $678,707. Please refer to
Attachment C for details on the carryovers.
As a result of these budget adjustments, encumbrances, and carryovers, the amended budget at
the end of the first quarter is $217.4 million, funded with $175.0 million in revenue and $42.4
million in fund balance. The reflection of carryovers and encumbrances in the amended budget
1 Encumbrances are outstanding commitments tied to unfilled purchase orders or contracts,
which are rolled over to the following fiscal year until those obligations are fulfilled or
terminated. Budget carryovers are unencumbered funds for unfinished projects carried over to
the following fiscal year to be spent for the same purpose for which they were approved.
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is a standard practice in municipal budgeting and aligns with the amounts in previous years,
which have been approximately $80 million. Carryovers and encumbrances are appropriations
approved in prior years but have not yet been spent.
The budget adjustments are summarized in the chart below.
First Quarter Financial Report Summary of Budget Adjustments by Fund
As shown in the following chart, the amended budget is the adopted budget, plus encumbrances,
budget carryovers, and Council-approved budget adjustments. The reflection of encumbrances
and budget carryovers in the amended budget is a standard practice in municipal budgeting and
aligns with the amounts in previous years. Encumbrances and budget carryovers are
appropriations approved in prior years that have not yet been spent and are still required for
ongoing projects or obligations.
Fund
FY 2024-25
Adopted
Budget Carryovers Encumbrances
Adjustments
Approved in 1st
Quarter
FY 2024-25 Amended
Budget as of
September 30, 2024
General 90,041,794 24,271,306 4,753,530 78,707 119,145,337
Special Revenue 13,956,348 15,445,956 885,056 300,000 30,587,360
Debt Service 2,676,200 - - - 2,676,200
Capital Projects 22,057,580 20,678,417 2,449,854 300,000 45,485,851
Enterprise 9,271,222 522,360 55,396 - 9,848,978
Internal Service 8,643,349 151,167 837,023 - 9,631,539
Total All Funds 146,646,493$ 61,069,206$ 8,980,859$ 678,707$ 217,375,265$
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Please refer to Attachment C for detailed descriptions of the budget adjustments.
FY 2023-24 Year End Update
Revenues
The city is expected to end FY 2023-24 with total revenues of $147 million, $26.5 million less than
budgeted, primarily due to the carryover of Vallco Town Center plan check, building inspection,
and engineering revenues. These revenues will continue to be carried over each year until the
services are rendered, and the revenues are recognized. Additionally, revenues are less than
budgeted due to Housing Mitigation fees and an outstanding reimbursement request from the
Section 115 OPEB Trust for retiree health expenses in FY 2021-22 and FY 2022-23, as is further
explained in the table and miscellaneous revenues section below.
FY 2023-24 Year End Actuals versus Amended Budget by Revenue Category
Sales Tax revenue remained relatively the same as budgeted. The City budgets revenues
conservatively and anticipated a reduction in online sales as the pandemic waned.
Sales tax revenue is derived from five primary economic categories, including business-to-
business, state and county pools, restaurants and hotels, general consumer goods, and fuel and
service stations. County pool revenue is based on the City's share of direct sales tax in the County.
As a result, when sales tax fluctuates, the City's share of the County pool adjusts proportionally.
Revenue Category
Amended
Budget Actual Variance ($)Variance (%)
05 - Sales tax 30,811,262 30,961,166 149,904 0%
10 - Property tax 31,736,834 33,036,853 1,300,019 4%
15 - Transient occupancy 7,500,000 6,486,798 (1,013,202) -14%
20 - Utility tax 4,100,000 3,935,917 (164,083) -4%
25 - Franchise fees 3,443,574 4,313,669 870,095 25%
30 - Other taxes 6,305,547 1,970,611 (4,334,936) -69%
35 - Licenses and permits 34,012,361 4,412,057 (29,600,304) -87%
40 - Use of money and property 3,762,886 14,948,528 11,185,642 297%
45 - Intergovernmental revenue 8,699,703 6,965,150 (1,734,553) -20%
50 - Charges for services 26,074,859 23,958,699 (2,116,160) -8%
55 - Fines and forfeitures 408,563 419,148 10,585 3%
60 - Miscellaneous 3,916,556 3,224,519 (692,037) -18%
65 - Transfers in 12,207,553 12,210,622 3,069 0%
70 - Other financing sources 483,779 157,787 (325,992) -67%
Total 173,463,477$ 147,001,525$ (26,461,952)$ -15%
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Nonetheless, revenue for FY 2023-24 was still significantly lower than in previous years due to a
shift from online to in-store shopping. The negative impacts of the sales tax reallocation
determination do not appear in FY24 as described later in this section. The COVID-19 pandemic
had a substantial impact on the City's sales tax revenues from FY 2019-20 to FY 2021-22. Notably,
certain sectors, including business-to-business sales tax and County pool allocation, experienced
growth during this period. This growth was primarily driven by increased online sales due to
statewide shelter-in-place mandates and a heightened demand for computer and electronics
equipment, reflecting the shift to remote work during the pandemic.
The California Department of Tax and Fee Administration (CDTFA) is responsible for
administering the distribution of sales and use tax in California. Businesses in California must
register for a sales tax permit, collect taxes from customers, and report their sales taxes accurately
and timely. These taxes, along with information about their allocation to jurisdictions, are then
forwarded to the CDTFA, which distributes them to the appropriate jurisdictions. Additionally,
the CDTFA conducts audits on businesses to ensure compliance with tax laws and regulations.
The City receives a share of the sales tax revenue generated within its boundaries, which funds a
wide range of City services and programs.
Though this occurred in the second quarter of FY 2024-25, it is important to note that in October
2024, the City reached a settlement agreement with CDTFA following its appeal of CDTFA's audit
findings, which concluded that sales and use tax revenues had been incorrectly allocated to the
City. As a result of this settlement, the City has uncommitted $74.5 million that had been reserved
for a potential repayment of disputed sales tax funds. The City’s forecast will be updated in the
Mid-Year Financial Report to reflect any adjustments in estimated sales tax revenues resulting
from the settlement.
Property Tax revenue came in $1.3 million higher than estimated. In FY 2023-24, the City’s
property tax roll grew $1.4 billion, or 4.57%, year-over-year, compared to 6.65% for the county.
The bulk of the increase was due to increases in residential properties by $1.3 billion, or 6.8%.
This category makes up 62.4% of the net taxable value. Unsecured property tax increased by $76
million, or 7.1%. This category makes up 3.5% of the net taxable value. Lastly, commercial
property values decreased by $91.5 million, or 1%. This category makes up 28.3% of the net
taxable value.
Transient Occupancy Tax (TOT) revenue came in $1.0 million lower than estimated due to less
travel than expected.
Utility Tax revenues remained in line with estimated amounts.
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Franchise Fees came in $0.9 million higher than budgeted due to increases in revenues received for
Recology and PG&E.
Other Taxes revenues came in $4.3 million lower than estimated primarily due to Housing
Mitigation fees. This is primarily due to certain developments that have not yet reached the
permit submittal phase. As these developments progress, the Housing Mitigation fees will be
collected.
Licenses and Permits are $29.6 million lower than budgeted primarily due to the carryover of Vallco
Town Center plan check and building inspection revenues. These revenues will contin ue to be
carried over each year until the services are rendered, and the revenues are recognized.
Use of Money and Property came in $11.2 million higher because of increases in the market values
of the City’s fixed-income and Section 115 Trust investment portfolios. At the end of the fiscal
year, the values of the City’s investments are adjusted to reflect the year-end market value. The
market value of fixed-income investment fluctuates depending on interest rates. When interest
rates increase after an investment is purchased, the market value of the investment decreases.
However, when interest rates decrease after an investment is purchased, the market value of the
investment increases. At the time of purchase, the City intends to hold investments until maturity,
so changes in market value do not affect the City’s investment principal. The gain or loss will
only be realized if the City sells its investments before maturity.
Intergovernmental revenue came in $1.7 million lower due to the anticipated receipt of a state grant
and federal grant in addition to revenues from the Transportation Development Act (TDA)
Article 3 Program related to the city’s Bike Plan projects that were expected to be received in FY
2023-24. The TDA3 funding expired on June 30, 2024. VTA reallocated the funding as Measure
B, to be addressed through an amendment to the City's existing Measure B funding agreement.
Charges for Services came in $2.1 million lower due to the carryover of Vallco Town Center
engineering fees. These revenues will continue to be carried over each year until the services are
rendered, and the revenues are recognized.
Fines and Forfeitures remained in line with estimated amounts.
Miscellaneous revenues came in $0.7 million lower than budgeted primarily due to an outstanding
reimbursement request from the Section 115 OPEB Trust for retiree health expenses in FY 2021-
22 and FY 2022-23. This trust was set up by the City in FY 2009-10 to support its Other Post-
Employment Benefits (OPEB) obligations. The Section 115 OPEB Trust is solely designated for
retiree health costs, and the funds can be used to pay the benefits administrator or to reimburse
the City for OPEB Plan benefits and costs. This outstanding reimbursement request is offset by
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revenues not originally anticipated in FY 2023-24 but were received from a litigation settlement
and Municipal Solid Waste processing funds related to Resource Recovery.
Transfers In revenues remained in line with estimated amounts.
Other Financing Sources came in lower than estimated due to the timing of refundable deposit
revenues received.
Expenditures
The City is expected to end FY 2023-24 with total expenditures of $121.8 million, which is $16.9
million lower than budgeted. This is due to various savings achieved over several expense
categories, as shown in the following table and described further below.
FY 2023-24 Year End Actuals versus Amended Budget by Expense Category
Salaries and Benefits were lower than budgeted due to staff vacancies.
Materials came in lower than budgeted due to savings in water service costs for various City
facilities. There was also a reduction in various discontinued software applications as well as
negotiated lowered costs with various software vendors. Grant expenditures for CDBG
Capital/Housing projects came in under budget due to the Senior Center Fire Sprinkler System
Replacement project still under design review. There was also a Citywide reduction in expenses
related to general supplies.
Expenditure Category
Amended
Budget
Actual
Expenditures Variance ($)Variance (%)
05 - Employee compensation 30,293,262 26,716,216 (3,577,046) -12%
10 - Employee benefits 14,884,120 13,622,990 (1,261,130) -8%
15 - Materials 9,151,559 7,695,353 (1,456,206)-16%
20 - Contract services 36,804,148 31,547,606 (5,256,542) -14%
25 - Cost allocation 12,475,250 12,475,250 - 0%
30 - Capital outlays 11,199,809 8,767,797 (2,432,012) -22%
31 - Special projects 6,200,635 4,901,006 (1,299,629)-21%
35 - Contingencies 303,066 5,732 (297,334) -98%
40 - Debt services 2,677,600 2,677,600 - 0%
45 - Transfer out 12,207,553 12,207,553 - 0%
50 - Other financing uses 2,514,987 1,214,762 (1,300,225)-52%
Total 138,711,989$ 121,831,865$ (16,880,124)$ -12%
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Contract Services were lower than budgeted due to savings in Resource Recovery, BMR affordable
housing fund, and various contracts related to Parks and Recreation programs and the City
Attorney’s Office.
Capital Outlays and Special Projects came in lower primarily due to project completion and fixed
asset cost capitalization.
Contingencies were lower than budgeted due to departments having sufficient appropriations.
Other Financing Uses were lower than budgeted due to decreased use of on-call contracts and a
decrease in costs related to depreciation expenses
The table below compares actual revenues and expenditures and the resulting changes to fund
balance effective as of FY 2023-24 year-end.
FY 2023-24 Year-End Estimates ($ in millions)
FY 2024-25 First Quarter Update
General Fund
The General Fund's historical revenues, expenditures, and fund balance demonstrate that
amended expenditures have often exceeded amended revenues, leading to the use of fund
balance. However, it was not due to a structural deficit but the transfer of excess fund balance
from the General Fund to the Capital Reserve per the City's use of one-time funds policy. Due to
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the City's encumbrance and budget carryover process, fiscal years have generally ended with
increases in fund balance. The following table shows a 4-year comparison of revenues,
expenditures, and changes to fund balance.
4-Year Comparison of Revenues, Expenditures, and Changes to Fund Balance ($ in millions)
The General Fund's historical financial data indicates that amended expenditures have often
exceeded amended revenues, leading to a decrease in fund balance. However, when we look at
actual revenues and expenditures, we have historically seen an increase to fund balance.
By continuing to monitor and manage its financial resources effectively, the City can ensure that
it maintains an appropriate fund balance in the General Fund.
Revenues
As of the first quarter, total revenue is $11.2 million, which is $6.5 million, or 37%, lower than last
year. This decrease is primarily due to a shift in the accounting methods used for financial
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reporting: while year-end financials will continue to use modified and full accrual accounting in
accordance with generally accepted accounting principles, interim reports will now follow a cash
basis. This change improves accuracy in reflecting actual cash flows during the fiscal year but
may make comparisons to FY 2023-24 reports challenging. However, reporting will be consistent
on a cash basis in future fiscal years. This change predominantly affects sales tax, transient
occupancy tax, and use of money and property, which show temporary decrease due to the
reporting adjustment.
The following table shows the differences between General Fund revenues collected as of the first
quarter in the current fiscal year and the prior fiscal year.
Comparison of FY 2023-24 First Quarter Revenue to FY 2024-25
General Fund
Sales Tax revenue received in the first quarter was $7.4 million, or 73%, lower than last year. Sales
tax revenues are received two months in arrears, so this figure reflects sales tax collections for
July 2024 (FY 2024-25), compared to July through September 2023 for FY 2023-24. Additionally,
the $2.7 million includes full recognition of revenue from sales tax distributions during the
quarter. Staff is currently working with CDTFA and the taxpayer to accurately reclassify Q1 sales
tax revenues, with the adjustment to be reflected in the Mid-Year Financial Report.
Revenue Category
First Quarter
2024
First Quarter
2025 Variance ($)Variance (%)
05 - Sales tax 10,093,439 2,733,793 (7,359,646) -73%
10 - Property tax 54,731 40,983 (13,748) -25%
15 - Transient occupancy 1,544,806 633,478 (911,328) -59%
20 - Utility tax 600,139 742,741 142,602 24%
25 - Franchise fees 220,813 209,378 (11,435) -5%
30 - Other taxes 326,683 386,216 59,533 18%
35 - Licenses and permits 961,174 1,474,379 513,205 53%
40 - Use of money and property 816,272 156,159 (660,114) -81%
45 - Intergovernmental revenue 150,961 12,718 (138,243) -92%
50 - Charges for services 2,830,640 3,344,982 514,342 18%
55 - Fines and forfeitures 23,082 40,478 17,396 75%
60 - Miscellaneous 40,704 105,119 64,415 158%
65 - Transfers in 15,000 15,000 - 0%
70 - Other financing sources 0 1,330,326 1,330,326 -
Total 17,678,443$ 11,225,749$ (6,452,694)$ -37%
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Property Tax revenue is lower than last year by approximately $14,000, or 25%, due to a decrease
in supplemental property tax. According to the HdL, the City’s property tax consultant, the
citywide growth in value in the 2024-25 assessment roll is $1.412 billion, an increase of 4.4%. With
the first 7 months of sales data processed for 2024, Single Family Residentials are selling for 4.57%
less than in the previous calendar year. Prices for the full calendar year 2023 increased 10.24%.
Prices are still being driven by higher interest rates and fewer properties being offered for sale.
The City’s property tax base remains strong and HdL is currently projecting property taxes over
the next five years as shown in the table below.
Transient Occupancy Tax (TOT) revenue decreased by $0.9 million, or 59%, compared to the
previous year due to decreased travel, and is still lower than pre-pandemic levels. The average
daily rates and occupancy rates for hotels are now closer to pre-pandemic levels, as shown in the
table below.
FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28
31,223,141 32,324,317 33,606,651 35,024,886 36,531,087
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Average Daily Rates and Occupancy Rates by Month
Hotels in Cupertino
Although TOT revenues have mostly recovered from the pandemic, the City's TOT revenues may
continue to be affected in the long term due to telework and decreased business travel.
Headwinds in the tech industry have resulted in layoffs and reduced spending in areas such as
travel. Staff will continue to monitor economic regulations and other factors and report back on
their impact on TOT revenues as part of the quarterly financial reports.
Utility Tax increased by approximately $143,000, or 24%, primarily due to an increase in the
amount of UUT collected based on higher gross receipts compared to the same period in the prior
year.
Franchise Fees decreased by approximately $11,000, or 5%, representing nominal change from the
same period in the prior year.
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Other Taxes increased by $60,000 or 18%, primarily due to increases in revenues received for
property transfer taxes and the collection of business license taxes.
Licenses and Permits increased by approximately $513,000 or 53%, due to increases in revenues
received for building inspections and construction plan check permit fees.
Use of Money and Property decreased by approximately $660,000, or 81%, due to decreased
investment earnings. Changes to investment is due to a change in accounting to align with best
practices. Balances will continue to flow and are anticipated to end within projections.
Intergovernmental Revenue decreased by approximately $138,000, or 92%, due to revenues received
in the same period last year for a state mandate reimbursement and state grant for sheriff’s
contract.
Charges for Services increased by approximately $514,000, or 18%, due to increases in cost
allocation plan methodology and current planning fees.
Fines and Forfeitures increased by $17,000, or 75%, due to an increase in revenues related to parking
fines compared to the same period last year.
Miscellaneous Revenue increased by approximately $64,000, or 158% due to revenues received from
a new Technology fee assessed on permits created in FY 2024-25.
Transfers In are in line with estimated dollars.
Other Financing Sources increased by $1.3 million due to revenues received from the Byrne
property transaction.
Staff will continue to monitor all revenue categories and make any necessary adjustments to
revenue projections as part of the Mid-Year Financial Report.
Expenditures
General Fund expenditures are down $127,000, or 0%, when compared to the same time last year.
The following table shows the differences between General Fund expenditures as of the first
quarter in the current fiscal year and the prior fiscal year:
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Comparison of FY 2023-24 and FY 2024-25 First Quarter Expenditures
General Fund
Salaries have decreased by $113,000, or 2%. This decrease in compensation is primarily due to staff
vacancies. However, benefits have increased by $199,000, or 9%. This increase in benefits is due
to higher costs in health insurance and CalPERS' Unfunded Accrued Liability (UAL).
Materials costs have increased by approximately $406,000, or 31%, primarily due to an increase in
Information & Technology software, Public Work electricity and water costs.
Contract Services have decreased by approximately $1.2 million, or 16%, primarily due to the
timing of expenses for the City’s law enforcement contract with the Santa Clara County Sheriff’s
Office. To provide some context, FY 2023-24 First Quarter Law Enforcement contract invoices
correspond to July – September 2023, while FY 2024-25 First Quarter Law Enforcement contract
invoices correspond to July and August 2024. September invoices were paid in October 2024,
which will be reflected in the Mid-Year Financial Report.
Cost Allocation increased by approximately $95,000, or 4%, primarily due to increased Information
and Technology costs.
Capital Outlay costs decreased by $270,000, or 96%, mainly due to decreased capitalizable facilities
costs.
Special Projects decreased by $220,000, or 73%, due to fluctuations in one-time expenditures.
Expenditure Category
First Quarter
2024
First Quarter
2025 Variance ($)Variance (%)
05 - Employee compensation 4,963,883 4,850,724 (113,158) -2%
10 - Employee benefits 2,124,850 2,323,956 199,105 9%
15 - Materials 1,318,427 1,724,239 405,812 31%
20 - Contract services 7,591,224 6,383,722 (1,207,502) -16%
25 - Cost allocation 2,564,414 2,659,645 95,231 4%
30 - Capital outlays 282,142 12,487 (269,654) -96%
31 - Special projects 301,497 81,575 (219,921) -73%
35 - Contingencies - - - 0%
45 - Transfer out 6,457,600 7,349,598 891,998 14%
50 - Other financing uses 38,225 129,249 91,024 238%
Total 25,642,260$ 25,515,195$ (127,065)$ 0%
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Contingencies remained unchanged from the same time last year.
Transfers Out increased by $892,000, or 14%, due to the reduction of transfers as an expenditure
reduction strategy. Interfund transfers are the movement of cash between one or more funds. As
part of the Adopted Budget process, transfers from the General Fund to other City funds serve as
operating subsidies to ensure each fund has a positive fund balance at the end of the fiscal year.
Other Financing Uses increased by $91,000, or 238%, due to a higher volume of refundable deposit
on-call contracts in the Community Development Department contracts for plan reviews and
inspections.
Special Revenue Funds
Revenue
Special Revenue Funds revenue is $152,000, or 4%, lower than the same time last year primarily
due to a decrease in park dedication fees as shown in the following table.
Comparison of FY 2023-24 and FY 2024-25
Special Revenue Funds First Quarter Revenues
Other Taxes decreased by approximately $0.1 million, or 77%, primarily due to decreased park
dedication fees received in the first quarter.
Use of Money and Property decreased by approximately $0.2 million, or 99% due to a decrease in
investment earnings. Changes to investment is due to a change in accounting to align with best
practices. Balances will continue to flow and are anticipated to end within projections.
Intergovernmental Revenue increased by approximately $0.1 million, or 19%, due to a county grant
received for homelessness support and increased gas tax and SB1funds received.
Revenue Category
First Quarter
2024
First Quarter
2025 Variance ($)Variance (%)
30 - Other taxes 145,331 33,638 (111,693) -77%
40 - Use of money and property 177,834 2,105 (175,729) -99%
45 - Intergovernmental revenue 542,614 647,056 104,442 19%
50 - Charges for services 61,181 50,845 (10,336) -17%
55 - Fines and forfeitures 156 - (156) -100%
60 - Miscellaneous - 200 200 N/A
65 - Transfers in 2,500,000 2,541,580 41,580 2%
Total 3,427,116$ 3,275,424$ (151,692)$ -4%
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Charges for services decreased by approximately $10,000, or 17%, primarily due to revenue
received in the prior first quarter period for a traffic impact fee.
Fines and forfeitures remained relatively unchanged from the same time last year.
Transfers In remained relatively unchanged from the same time last year.
Expenditures
Special Revenue Funds expenditures are $0.6 million, or 32%, lower than the same time last year
due primarily to decreases in contract services, capital outlays, and special projects offset by an
increase in cost allocation as shown in the following table.
Comparison of FY 2023-24 and FY 2024-25 First Quarter Expenditures
Special Revenue Funds
Salary remained relatively unchanged from the same time last year. Benefits increased due to
higher health insurance and CalPERS' Unfunded Accrued Liability (UAL).
Materials decreased by approximately $5,000, or 7% primarily due to the timing of a BMR
program administrator invoice payment offset by an increase in street sign expenditures.
Contract Services decreased by approximately $183,000, or 51%, primarily due to a decrease in
street pavement maintenance.
Cost Allocation increased by approximately $200,000, or 66% due to an increase in Human
Resources, Finance, and City Manager cost allocations.
Expenditure Category
First Quarter
2024
First Quarter
2025 Variance ($)Variance (%)
05 - Employee compensation 378,164 352,677 (25,487) -7%
10 - Employee benefits 173,642 192,968 19,326 11%
15 - Materials 71,427 66,666 (4,762) -7%
20 - Contract services 360,866 177,773 (183,093) -51%
25 - Cost allocation 305,154 507,514 202,360 66%
30 - Capital outlays 392,497 48,387 (344,110) -88%
31 - Special projects 309,634 6,635 (303,000) -98%
35 - Contingencies - - - N/A
45 - Transfer out 15,000 15,000 - 0%
Total 2,006,384$ 1,367,618$ (638,766)$ -32%
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Capital Outlays decreased by approximately $344,000, or 88%, due to the Memorial Park Pond
Repurposing and the Pumpkin/Fiesta Storm Drain projects, and street pavement maintenance
utilizing SB1 funds account in FY2023-24.
Special Projects decreased by approximately $300,000, or 98%, due to a decrease in the Annual
Asphalt project and Annual Sidewalk, Curb, & Gutter project as well as a rover camera system
purchased in prior year first quarter.
Transfers Out remained relatively unchanged from the same time last year.
Debt Service Funds
Revenue
Debt Service Funds revenue is similar to last year as shown in the following table.
Comparison of FY 2023-24 and FY 2024-25 First Quarter Revenues
Debt Service Funds
Expenditures
Debt Service Funds expenditures are the same as last year as shown in the following table.
Comparison of FY 2023-24 and FY 2024-25 First Quarter Expenditures
Debt Service Funds
Capital Projects Funds
Revenue
Capital Projects Funds revenue is higher than last year due to increased transfers to fund capital
projects from the capital reserve as shown in the following table.
Revenue Category
First Quarter
2024
First Quarter
2025 Variance ($)Variance (%)
65 - Transfers in 2,677,600 2,676,200 (1,400) 0%
Total 2,677,600$ 2,676,200$ (1,400)$ 0%
Expenditure Category
First Quarter
2024
First Quarter
2025 Variance ($)Variance (%)
40 - Debt services - - - N/A
Total -$ -$ -$ N/A
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Comparison of FY 2023-24 and FY 2024-25 First Quarter Revenues
Capital Projects Funds
Expenditures
Capital Projects Funds expenditures increased by $5.8 million, or 176% due to increased transfers
from the capital reserve to fund capital projects and increased expenditures for capital projects as
shown in the following table.
Comparison of FY 2023-24 and FY 2024-25 First Quarter Expenditures
Capital Projects Funds
Enterprise Funds
Revenue
Enterprise Funds revenue remained relatively unchanged from the same time last year as shown
in the following table.
Comparison of FY 2023-24 and FY 2024-25 First Quarter Revenues
Enterprise Funds
Use of Money and Property decreased by $131,000, or 83%, due to summer tennis court rent received
in October in FY 2024-25 while it was received in first quarter last fiscal year and a decrease in
Revenue Category
First Quarter
2024
First Quarter
2025 Variance ($)Variance (%)
45 - Intergovernmental revenue 47,700 - (47,700) -100%
50 - Charges for services - - - N/A
65 - Transfers in 2,918,766 7,785,000 4,866,234 167%
Total 2,966,466 7,785,000 4,818,534 162%
Expenditure Category
First Quarter
2024
First Quarter
2025 Variance ($)Variance (%)
20 - Contract services 16,483 - (16,483) -100%
30 - Capital outlays 359,784 532,738 172,954 48%
45 - Transfer out 2,918,766 8,547,580 5,628,814 193%
Total 3,295,033$ 9,080,318$ 5,785,285$ 176%
Revenue Category
First Quarter
2024
First Quarter
2025 Variance ($)Variance (%)
40 - Use of money and property 157,623 26,597 (131,025) -83%
45 - Intergovernmental revenue - - - N/A
50 - Charges for services 1,803,704 1,373,150 (430,554) -24%
65 - Transfers in - 514,000 514,000 N/A
Total 1,961,327$ 1,913,747$ (47,580)$ -2%
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investment earnings. Changes to investment is due to a change in accounting to align with best
practices. Balances will continue to flow and are anticipated to end within projections.
Charges for services decreased by $431,000, or 24%, primarily due to decreased revenues from the
Sports Center tennis program from a change in the contract agreement where the contractor
collects payment directly from the customers.
Transfers In increased by $0.5 million, or 100%, due to increased transfers from the General Fund.
Expenditures
Enterprise Funds expenditures are $186,000, or 10%, lower than the same time last year due
primarily to decreases in contract services offset by an increase in cost allocation as shown in the
following table.
Comparison of FY 2023-24 and FY 2024-25 First Quarter Expenditures
Enterprise Funds
Salary and Benefits increased by approximately $57,000, or 10%, primarily due to higher costs in
health insurance and CalPERS' Unfunded Accrued Liability (UAL).
Materials increased by approximately $41,000, or 50%, primarily due to a resource recovery
software purchase and food recovery program expense.
Contract Services decreased by approximately $0.5 million, or 47%, primarily due to a decrease in
the Sports Center tennis program expense from a change in the contract agreement where the
contractor collects payment directly from the customers.
Cost Allocation increased by approximately $160,000, or 68%, primarily due to increased City
Manager and Finance CAP charges.
Expenditure Category
First Quarter
2024
First Quarter
2025 Variance ($)Variance (%)
05 - Employee compensation 430,632 445,452 14,819 3%
10 - Employee benefits 132,996 174,719 41,723 31%
15 - Materials 82,088 122,926 40,837 50%
20 - Contract services 1,041,944 550,360 (491,583) -47%
25 - Cost allocation 234,840 394,358 159,518 68%
30 - Capital outlays 13,995 - (13,995) -100%
31 - Special projects 15,556 78,298 62,742 403%
Total 1,952,051$ 1,766,112$ (185,938)$ -10%
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Capital Outlays decreased by $14,000, or 100%, due to the sports center restroom floor replacement
project in FY 2023-24.
Special Projects increased by approximately $63,000, or 403%, due to projects that differ in scope
and timing from year to year.
Internal Service Funds
Revenue
Internal Service Funds revenue increased by $1.2 million, or 52%, higher than the same time last
year due to increases in transfers in and charges for services as shown in the following table.
Comparison of FY 2023-24 and FY 2024-25 First Quarter Revenues
Internal Service Funds
Use of Money and Property decreased by approximately $45,000, or 109% due to a decrease in
investment earnings. Changes to investment is due to a change in accounting to align with best
practices. Balances will continue to flow and are anticipated to end within projections.
Charges for Services increased by $161,000, or 16%, due to increased I&T CAP.
Transfers In increased by $1.1 million, or 86%, due to increased transfers from the General Fund
to the Compensated Absences and Retiree Medical Funds offset by a decreased transfer to
Innovation & Technology.
Expenditures
Internal Service Funds expenditures increased by $0.2 million, or 10%, higher than the same time
last year due primarily to increases in special projects as shown in the following table.
Revenue Category
First Quarter
2024
First Quarter
2025 Variance ($)Variance (%)
40 - Use of money and property 41,679 (3,711) (45,390) -109%
50 - Charges for services 1,034,415 1,195,727 161,312 16%
65 - Transfers in 1,280,000 2,380,398 1,100,398 86%
Total 2,356,094$ 3,572,414$ 1,216,320$ 52%
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Comparison of FY 2023-24 and FY 2024-25 First Quarter Expenditures
Internal Service Funds
Salary decreased by $61,068, or 14% due to staff vacancies. Benefits increased by $18,409, or 4%
due to higher costs in health insurance and CalPERS' Unfunded Accrued Liability (UAL).
Materials decreased by $50,000, or 29%, mainly due to decreases in Innovation & Technology
software expenditures.
Contract Services increased by $59,000, or 12%, largely due to increases in Innovation &
Technology cybersecurity services.
Cost Allocation increased by $62,000, or 428%, mainly due to IT reimbursement.
Special Projects increased by $139,000, or 486%, due to projects that differ in scope and timing from
year to year.
Budget Adjustment Requests
As of the first quarter, departments are requesting budget adjustments to ensure they end the
year within budget appropriations. The budget adjustment requests are summarized in the table
below. See Attachment E.
Expenditure Category
First Quarter
2024
First Quarter
2025 Variance ($)Variance (%)
05 - Employee compensation 432,040 370,972 (61,068) -14%
10 - Employee benefits 502,306 520,715 18,409 4%
15 - Materials 173,587 123,731 (49,856) -29%
20 - Contract services 479,609 538,673 59,065 12%
25 - Cost allocation 14,406 76,115 61,709 428%
31 - Special projects 28,562 167,444 138,882 486%
Total 1,630,510$ 1,797,650$ 167,140$ 10%
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Administrative Services
Human Resources (100-12-632)
Chief Negotiator
This item was not included as part of the FY 2024-25 Adopted Budget and is required as the City
will be negotiating successor labor contracts this fiscal year.
Insurance Administration (100-44-417)
Potential General Liability Settlement Costs
Additional funds are requested in anticipation of potential settlement and litigation costs
associated with general liability claims that may arise during this fiscal year.
Administration (100-40-400)
American Sign Language Services
The city has had to switch vendors due to a lack of available services and the increased costs
cannot be funded within appropriations. To ensure that there is access to communicate with,
receive information from, and convey information to individuals who have communication
disabilities when having in-person meetings. The Americans with Disabilities Act (ADA) requires
state governments, local governments, and businesses and nonprofit organizations that serve the
public to take steps to enable effective communication with people who are deaf or hard of
hearing. Prior year costs have been minimal and absorbed within existing appropriations.
Fund Department Revenue Expenditure
Change in
Fund
Balance
Proposal
GENERAL FUND
100 General Fund Admin Services - 50,000 (50,000) Chief Negotiator for successor agreements
100 General Fund Admin Services - 75,000 (75,000) General Liablity potential settlement costs
100 General Fund Admin Services - 10,000 (10,000) American Sign Language Translation Services
100 General Fund Innovation & Technology - 314,998 (314,998) Correctly allocate deleted IT Manager (see reduction in internal
service funds)
100 General Fund Public Works - 36,822 (36,822) Purchase of a new bio holding tank
100 General Fund Public Works - 25,000 (25,000) Replace structural column and foundation at materials bunker
100 General Fund Public Works - 24,490 (24,490) Replace leaking fire hydrant at Creekside
100 General Fund Public Works - 41,246 (41,246) Purchase of spot cooler and emergency rental costs
100 General Fund Non Departmental - 53,570 (53,570) Transfer Out to fund Consolidated Plan
- 631,126 (631,126)
SPECIAL REVENUE FUNDS
260 Community Development
Block Grant
Community Development 53,570 53,570 - Develop the 2025-2030 Consolidated Plan
53,570 53,570 -
INTERNAL SERVICE FUNDS
610 Innovation & Technology Innovation & Technology - (314,998) 314,998 Correcting position elimination
610 Innovation & Technology Innovation & Technology - 15,000 (15,000) Overtime
- (299,998) 299,998
TOTAL ALL FUNDS 53,570$ 384,698$ (331,128)$
TOTAL GENERAL FUND
TOTAL SPECIAL REVENUE FUNDS
TOTAL INTERNAL SERVICE FUNDS
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Community Development
Community Development Block Grant (CDBG)
Develop the 2025-2030 Consolidated Plan
The City is contracting through the County of Santa Clara with other cities with Root Policy
Research, Inc. to develop the 2025-2030 Consolidated Plan, a federally mandatory 5-year long-
range plan that determines the Cities’ priorities for federal funding from the Department of
Housing and Urban Development (HUD), based on emerging housing, economic, and
demographic trends and community outreach. Non-profit community organizations applying for
the funds from the cities are evaluated based on the priorities set by the Consolidated Plan. All
cities who wish to receive federal funding must complete a Consolidated Plan. The cost of the
service is shared with other cities within the county. The joint county effort ensures consistent
data collection and more accurate community trends in order to develop appropriate priorities to
evaluate funding requests. This request is recommended to be funded by a transfer in from the
General Fund. This is a one-time cost and timeline of project completion is expected to be May
2025. If unapproved, the City would have to contract its own consultant which will result in
higher costs and delay the update of the priorities and the Consolidated Plan. Lack of updated
priorities and Consolidated Plan would impact the City’s ability to obtain HUD funding,
including CDBG funding, to assist and support our underserved and low-income community
members.
Innovation and Technology
Application (100-32-305) and GIS (610-35-986)
In the FY 2024-25 budget, the IT Department planned to reduce one manager position because of
an internal promotion. At the time the budget was finalized, the specific position to be reduced
had not been identified. Budget staff initially re duced a position within the Applications team,
though the actual reduction occurred in GIS. This request reassigns the funds back to the
Applications position and removes them from the GIS fund to ensure alignment with the correct
budget source.
Infrastructure (610-34-310)
Overtime is occasionally required throughout the year to effectively support, troubleshoot, and
maintain the City’s applications and in-house solutions. To minimize disruptions to City
operations, certain tasks must be performed during off-hours, which may result in overtime.
The City’s Employee Association MOU requires a 10-day notice for any schedule change and
non-exempt staff may flex their time if they are notified of schedule changes at least ten days in
advance. For unforeseen circumstances with less than ten days’ notice, flex time cannot be
mandated, and overtime must be allowed. Staff were previously instructed to flex all overtime
hours; this does not align with provisions in the MOU.
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This issue was brought to the attention of the new CTO after unforeseen overtime had occurred.
Following a review of the Employee Association MOU with HR, the department a djusted its
practices to align with the MOU. While overtime had not historically been budgeted, it is now
being included in the budget to account for these estimated costs.
Public Works Department
Environmental Materials (100-85-850)
New Bio Holding Tank
The Service Center equipment and vehicle wash station bio holding tank has corrosion and
significant water leakage. The extensive corrosion was witnessed when the tank experienced a
leak in September 2024. The bio holding tank allows for reuse of water that is used in washing
operations. This system is approximately fifteen years old, and the tank is at the end of its service
life. Funding this request will allow for the purchase of a new epoxy lined bio hol ding tank and
installation.
Service Center Administration (100-83-807)
Replace Structural Column and Foundation at Materials Bunker
The steel structural column on the materials bunker at the Service Center needs to be replaced.
The damage to this column was noticed during a damage assessment in response to a different
column that was hit by a Recology truck. The damage from Recology occurred after the
preparation of the FY 2024-25 budget. Recology is responsible for correcting the damage to the
column they impacted, but there is no evidence indicating the responsible party for the column
of concern. Some cost savings are realized by having this work completed in conjunction with the
repair being funded by Recology. The funding will be used to replace the structural column and
foundation.
Creekside Parks Maintenance (100-87-837)
Fire Hydrant Replacement
A fire hydrant experienced a substantial underground leak at Creekside Park in September 2024.
This proposal will fund the replacement of the underground isolation valve, piping, and hydrant.
This project results in underground components being replaced and ensuring the hydrant will
work as intended during emergency and routine maintenance.
Quinlan Community Center Maintenance (100-87-830) and McClellan Ranch Maintenance (100-87-832)
Purchase and Rental of Spot Coolers
At the Environmental Education Center at McClellan Ranch (EEC), the radiant heating and
cooling system failed, affecting temperature regulation for visitors and housed wildlife.
At Quinlan Community Center, a building chiller went down in August 2024, disrupting cooling
for half of the building, which serves as a cooling station for residents.
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During a summer heatwave, multiple building cooling systems failed, leadin g to the rental of
spot coolers to maintain acceptable temperatures. After assessing the situation, it was deemed
more fiscally responsible to purchase eight spot coolers rather than continue with rentals.
Request includes costs of rental to date ($5,348) and the purchase of multiple building cooling
systems ($35,898).
The chiller at Quinlan Community Center will be repaired using existing budget allocation in the
Capital Improvement Plan for Facilities Condition Assessments.
Fund Balance
The General Fund’s estimated, unaudited ending fund balance for FY 2023-24 is $166.1 million.
An increase from estimated year-end fund balance from FY 2024-25 Final Budget and the October
15, 2024 uncommitting of sales tax repayment reserve council item of $15.3 million. This increase
is primarily due to the prior year ending with expenditure savings that outpaced revenue
decreases. Expenditure savings were primarily because of salary and contract savings along with
increased revenues.
As of first quarter, staff anticipates the General Fund will end FY 2024-25 with $164.3 million in
fund balance. It’s important to note that the only portion available for use, according to City
policy, is unassigned funds. Committed funds are set aside for specific purposes determined by
City Council resolution. Restricted funds, such as the Section 115 Pension Trust, are allocated for
specific purposes stipulated by external resource providers. Assigned funds are reserved for
encumbrances. Of the total fund balance, $96.2 million is unassigned and available to be used.
Options for allocating those unassigned funds will be presented to City Council for their
consideration this evening.
Approximately $10.7 million of unassigned fund balance is attributed to Vallco Town Center plan
check and building inspection revenues that were carried over. These revenues will continue to
be carried over each year until the services are rendered, and the revenues are recognized.
On October 10, 2023, the City established a committed Sales Tax Repayment Reserve with an
initial allocation of $56.5 million. This reserve was designed to address a potential adverse
CDTFA decision and the uncertain outcome of the anticipated legal challenge. This reserve was
later increased to $74.5 million to account for revenue through the end of FY 2023-24. These funds
were uncommitted in October 2024 after the City settled with the CDTFA. Since this change
occurred after September 30, 2024, they are not reflected in the table below. Committed fund
balance, as described on page 167 of the FY 2024-25 Adopted Budgets, “includes amounts that
can only be used for the specific purposes determined by formal action of the City’s highest level
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of decision-making authority, the City Council. Commitments may be changed or lifted only by
the City taking the same formal action (resolution) that imposed the constraint originally.”
General Fund Classification of Fund Balance ($ in millions)
*Q1 Year-End Projections assume budgeted revenues and expenditures are fully collected and
incurred. Fund balances do not consider City Council actions after September 30, 2024.
The Cities’ financial auditor issued FY24 financial statements, and this chart has been updated to
reflect that document.
Per the City’s Fund Balance Policy, unassigned fund balance over $500,000 is to be used in the
following order to replenish committed/restricted fund balances with any remaining balances to
be placed in the Capital Reserve:
1. Economic Uncertainty Reserve
2. CalPERS Reserve (Section 115 Pension Trust)
3. Sustainability Reserve
4. Unassigned
As of first-quarter, all priority areas are fully funded.
Staffing
As of September 30, 2024, the FY 2024-25 Amended Budget includes a total of 207 full-time
equivalent (FTE) positions. No additional full-time equivalent positions are requested as part of
this First Quarter Financial Report.
City Manager Discretionary Fund
In the FY 2024-25 Adopted Budget, City Council approved $50,000 in funding for the City
Manager Discretionary Fund. The quarterly financial reports will detail the City Manager’s use
of the discretionary fund and may include recommendations to replenish depending on the
extent and nature of use. As of September 30, 2024, the City Manager’s Discretionary Fund has
not been used. However, it is anticipated one-time costs for an encampment cleanup at Lawrence
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Mitty Park will utilize these funds. Unhoused expenses have historically been funded in the City
Manager's Office, however as part of Fiscal Year 2025-26 Proposed Budget, staff will
recommend creating a budget for unhoused activities for transparency and tracking.
There is also non-general fund dollars to cover dump truck and dump fees in resources
recovery. The estimated expense in the City Manager contingency fund is $12,892.
Carryovers and Budget Adjustments
The quarterly financial reports provide details on carryovers and budget adjustments.
Encumbrances are outstanding commitments tied to unfilled purchase orders or contracts, which
are rolled over to the following fiscal year until those obligations are fulfilled or terminated.
Budget carryovers are unencumbered funds for unfinished projects carried over to the following
fiscal year to be spent for the same purpose for which they were approved. Budget adjustments
are amendments to the budget that are approved by Council via resolution. The amended budget
is the adopted budget, plus encumbrances, budget carryovers, and Council-approved budget
adjustments. See Attachment C for details on carryovers and budget adjustments.
Special Projects
The quarterly financial reports provide a status update on special projects including the budget,
amount spent, and estimated completion date. Special projects are operational projects, often one-
time, that are budgeted in separate accounts for transparency and ease of tracking. If a special
project is not completed by the end of a fiscal year, staff may request a carryover to the subsequent
fiscal year. Fixed assets have been removed from the list as they are not one-time special projects
but the purchase of a fixed asset. Fixed assets are generally items over $5,000 with a useful life of
over 5 years or more. Similarly, the Tree Badges was removed from the list as it is now an ongoing
operational item. See Attachments F & G.
Grants
The City entered into a contract with California Consulting in February 2019 to identify and apply
for State and Federal grants on behalf of the City. The contract originated in Public Works and
was transferred to Administrative Services in FY 2022-23. The goals of this pilot program were to
centralize the grant function and to maximize grant opportunities. However, as part of a Citywide
budget reduction strategy, the contract with California Consulting ended on June 30, 2023. With
the elimination of this contract, departments are now responsible for identifying and applying
for grants.
Staff provides updates on the status of grants as part of the quarterly financial reports.
Throughout FY 2015-16 through FY 2024-25, the City applied for 43 competitive grants totaling
$54.5 million. To date, the City has been awarded $32.4 million. Also, during FY 2021-22 through
FY 2024-25, the City applied for 26 non-competitive grants totaling $4.6 million. Due to the
guaranteed funding each year, the Santa Clara County Permanent Local Housing Allocation
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(PLHA) Consortium grants have been moved from the competitive tracking list to the non-
competitive tracking list.
As part of the remainder of the quarterly reporting on grants, staff will provide updates only on
active grants and any completed projects for which funding is yet to be received. Active grants
are grants that have not been fully closed out with the granting agency.
See Attachment H for further details on grants applied, pending, awarded, and not awarded.
Capital Improvement Program
The quarterly financial reports provide a revised estimate and update on Capital Improvement
Program (CIP) projects. See Attachment I for further details.
Next Steps
Should Council move forward with the recommended budget adjustments, the Administrative
Services department will ensure budget adjustments are entered into the systems so that
departments have sufficient appropriations.
Below are the implications if all or some of the recommendations are not approved.
Emergency repairs already completed, including replacement of the fire hydrant at
Creekside and the purchase of a spot cooler and emergency rental costs, staff will need to
reduce or remove other expenses to ensure they can end the year within budget, which
may include delaying other needed repairs or replacement until next fiscal year or until
additional appropriations are approved.
Non-emergency repairs or replacements work would not be completed, including the
purchase of a new bio tank and replacing the structural column and foundation at the
materials bunker. This will result in a delay to replace or repairs that would create a
liability for the City as needed repairs has been identified, funds are available , and the
City failed to act to correct the issue.
For the chief negotiator, sign language, settlement costs, correcting the allocations for the
IT Manager and, overtime costs, will result in city operations not having sufficient
appropriations to cover its costs. Given that budgets have been reduced significantly in
the last two years, no savings is available to cover these additional necessary costs. This
could create a liability for the City if not being able to negotiate the successor contracts, a
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violation of the American Disabilities Act for not providing a needed accommodation of
a sign language interpreter, insufficient funds to pay potential settlement costs and
incorrect budgeted salary amounts in General Fund causing an over budget issue.
Lastly, costs related to the development of the 2025-2030 Consolidated Plan, if not
approved, would result in the City having to contract its own consultant which will result
in higher costs and delay the update of the priorities and the Consolidated Plan. Lack of
updated priorities and Consolidated Plan would impact the City’s ability to obtain HUD
funding, including CDBG funding, to assist and support our underserved and low-
income community members.
Sustainability Impact
No sustainability impact.
Fiscal Impact
The First Quarter Financial Report shows the City is positioned as anticipated. City staff
recommends adjustments of $384,698 in new appropriations, funded by increases in revenue of
$53,570 because of transfers in from the General Fund and the use of one-time unassigned fund
balance of $331,128. The City will continue to monitor its revenue and expenditure trends closely
to ensure it remains on track toward achieving its budgetary goals and objectives.
California Environmental Quality Act
Not applicable.
City Work Program (CWP) Item:
Not a CWP item.
CWP Item Description:
Not Applicable.
Council Goal:
Sustainability and Fiscal Strategy
Prepared by: Toni Oasay-Anderson, Senior Management Analyst
Reviewed by: Kristina Alfaro, Director of Administrative Services
Christopher Jensen, City Attorney
Tina Kapoor, Interim Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
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Attachments:
A – Fiscal Year 2024-25 First Quarter Financial Report
B – Draft Resolution
C – Description of Carryovers and Adjustments as of September 30, 2024
D – Description of Budget Transfers as of September 30, 2024
E – First Quarter Recommended Budget Adjustments
F – FY 2023-24 Special Projects Update
G – FY 2024-25 First Quarter Special Projects Update as of September 30, 2024
H – Competitive and Non-Competitive Citywide Grants Tracking
I – FY 2024-25 First Quarter CIP Project Status
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This Financial Report is interactive. Click on a chart to learn more.
Background
On June 4, 2024, the City Council adopted the FY 2024-25 Adopted Budget, a $146.6 million spending plan funded by $139.3 million
in revenue and $7.3 million in fund balance. The adopted budget reflected a $102,805 increase from the proposed budget. As a result
of these budget adjustments, encumbrances, and carryovers, the amended budget at the end of the first quarter is $217.4 million,
funded with $175.0 million in revenue and $42.4 million in fund balance.
Amended Budget
2023-24
Adopted Budget
2023-24
Amended Budget
Q1
2023-24
Amended Budget
Q2
2023-24
Amended Budget
Q3
2023-24
Amended Budget
Q4
2024-25
Adopted Budget
2024-25
Amended Budget
Q1
Fiscal Year
0.0
50.0M
100.0M
150.0M
200.0M
Do
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a
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s
Public Works
Capital Projects
Community Development
Law Enforcement
Non Departmental
Parks and Recreation
Administrative Services
Innovation & Technology
Administration
Council and Commissions
Description pending
CITY OF CUPERTINO
FY 2024-25 First Quarter Financial Report
The following is the First Quarter Financial Report, submitted by the Administrative Services Department for the period of July 1, 2024 to
September 30, 2024 for Fiscal Year (FY) 2024-25. It has been prepared to inform the City Council, City leadership and the public of the
City’s fiscal status.
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Flow of Funds Chart ($ in Millions)
General Fund Revenues, Expenditures, and Fund Balance
To date the City’s financial statement audit has yet to be issued and revenue, expenditure, and fund balance totals listed in this report
are preliminary and subject to change after a full review by the City’s auditors. City staff does not anticipate many if any changes from
the auditors.
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-$14,328,830.32
Revenues Less Expenses in Sep 2024
-$20M
-$15M
-$10M
-$5M
$0
Sep 2020 Sep 2022 Sep 2024
$27,538,980.23
Revenues Less Expenses in Jun 2024
$0
$5M
$10M
$15M
$20M
$25M
$30M
Jun 2022 Jun 2024
Revenues vs. Expenditures
June
2020-21
Actual
September
2021-22
Actual
2021-22
Amended Budget
Q1
June
2022-23
Actual
September
2023-24
Actual
2023-24
Amended Budget
Q1
2024-25
Amended Budge
Q1
Fiscal Year
0.0
100.0M
25.0M
50.0M
75.0M
125.0M
Do
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a
r
s
Revenues
Expenses
General Fund Revenue and Expenditure Trends
As of September 30, 2024, General Fund revenues are at $11.5 million, which is 9% of budgeted revenue. Revenues at the first
quarter point of the prior three years were between 13% and 18% of budgeted revenues, placing this year slightly below the range.
Staff will continue to monitor its leading revenue sources as the year progresses.
General Fund expenditures are $25.5 million, which is 21% of budgeted appropriations. Expenditures at the first quarter point of the
prior three years ranged between 23% and 27% of budgeted appropriations which places current first quarter actuals within the range.
General Fund Revenues vs
Expenditures First Quarter
Data Updated Nov 26, 2024, 11:35 AM
General Fund Revenues vs
Expenses Year End
Data Updated Nov 26, 2024, 11:35 AM
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General Fund Revenues - First Quarter vs Budget
Data Updated Nov 26, 2024, 11:35 AM
9/2020 9/2021 9/2022 9/2023 9/2024
9.18%
In Revenues of $122,062,969.00 Budgeted through Sep 2024
General Fund Expenses - First Quarter vs Budget
Data Updated Nov 26, 2024, 11:35 AM
9/2020 9/2021 9/2022 9/2023 9/2024
21.43%
In Expenses of $119,145,337.00 Budgeted through Sep 2024
As of the first quarter, overall revenue is $11.5 million, which is $7.1 million, or 70%, lower than the same time last year. This is
primarily due to decreases in sales tax, intergovernmental, and use of money and property.
As of first quarter, overall expenditures are $25.5 million, which is $127,065, or 0%, lower than the same time last year. This is
primarily due to decreases in contract services.
$11,203,976.70
Revenues in Sep 2024
$0
$20M
$40M
$60M
$80M
$100M
$120M
Sep 2021 Jun 2023 Sep 2024
$25,532,807.02
Expenses in Sep 2024
$0
$20M
$40M
$60M
$80M
$100M
Sep 2021 Jun 2023 Sep 2024
General Fund Revenues -
First Quarter vs Year End
Data Updated Nov 26, 2024, 11:35 AM
General Fund Expenses -
First Quarter vs Year End
Data Updated Nov 26, 2024, 11:35 AM
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$11,203,976.67
Revenues in Sep 2024
Charges for Serv...
Sales Tax
Other
Utility Tax
Other Financing ...
Licenses and Per...
$25,532,807.02
Expenses in Sep 2024
Transfers Out
Contract Service...
Other
Employee Benefit...
Cost Allocation
Employee Compens...
General Fund Classification of Fund Balance
The General Fund’s estimated, unaudited ending fund balance for FY 2023-24 is $166.1 million. An increase from estimated year-end
fund balance from FY 2024-25 Final Budget and the October 15, 2024 uncommitting of sales tax repayment reserve council item of
$15.3 million. This increase is primarily due to the prior year ending with expenditure savings that outpaced revenue decreases.
Expenditure savings were primarily because of salary and contract savings along with increased revenues.
As of first quarter, staff anticipates the General Fund will end FY 2024-25 with $164.3 million in fund balance. It’s important to note that
the only portion available for use, according to City policy, is unassigned funds. Committed funds are set aside for specific purposes
determined by City Council resolution. Restricted funds, such as the Section 115 Pension Trust, are allocated for specific purposes
stipulated by external resource providers. Assigned funds are reserved for encumbrances. Of the total fund balance, $96.2 million is
unassigned and available to be used. Options for allocating those unassigned funds will be presented to City Council for their
consideration this evening.
Approximately $10.7 million of unassigned fund balance is attributed to Vallco Town Center plan check and building inspection
revenues that were carried over. These revenues will continue to be carried over each year until the services are rendered, and the
revenues are recognized.
On October 10, 2023, the City established a committed Sales Tax Repayment Reserve with an initial allocation of $56.5 million. This
reserve was designed to address a potential adverse CDTFA decision and the uncertain outcome of the anticipated legal challenge.
This reserve was later increased to $74.5 million to account for revenue through the end of FY 2023-24. These funds were
uncommitted in October 2024 after the City settled with the CDTFA. Since this change occurred after September 30, 2024, they are
not reflected in the table below. Committed fund balance, as described on page 167 of the FY 2024-25 Adopted Budgets, “includes
amounts that can only be used for the specific purposes determined by formal action of the City’s highest level of decision-making
authority, the City Council. Commitments may be changed or lifted only by the City taking the same formal action (resolution) that
imposed the constraint originally.”
The Cities’ financial auditor issued FY24 financial statements, and this chart has been updated to reflect that document.
General Fund Revenues by
Type
Data Updated Nov 26, 2024, 11:35 AM
General Fund Expenses by
Type
Data Updated Nov 26, 2024, 11:35 AM
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*Q1 Year-End Projections assume budgeted revenues and expenditures are fully collected and incurred. Fund balances do not
consider City Council actions after September 30, 2024.
Recommended Adjustments
As of the first quarter, Departments are requesting budget adjustments to ensure they end the year within budget appropriations. The
recommended adjustments are summarized in the table below:
Summary
The First Quarter Financial Report shows the City is positioned as anticipated. City staff recommends adjustments of $384,698 in new
appropriations, funded by increases in revenue of $53,570 because of transfers in from the General Fund and the use of one-time
unassigned fund balance of $331,128. The City will continue to monitor its revenue and expenditure trends closely to ensure it
remains on track toward achieving its budgetary goals and objectives.
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City of Cupertino, California
Cupertino City Hall
10300 Torre Avenue
Cupertino, CA 95014-3202
View the City Council Meeting Agenda
View the City's Budgets
View the City's Financial Transparency Portal
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Attachment B
RESOLUTION NO. 24-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
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 3rd day of December 2024, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Sheila Mohan, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
________________________
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Attachment B
Kirsten Squarcia, City Clerk
Date
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Attachment B
Exhibit A
Appropriation
Amendment by Fund
Appropriation
Amendment
Revenue
Amendment
Fund Balance
(Use of)
General Fund $631,126 $- $(631,126)
Special Revenue Funds $53,570 $53,570 $-
Capital Projects Funds $- $- $-
Enterprise Funds $- $- $-
Internal Service Funds $(299,998) $- $299,998
Total Appropriation
Amendment All Funds $384,698 $53,570 $(331,128)
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Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers
as of September 30, 2024
Attachment C
Budget Adjustment Type Fund Description Amount
BUDGET CARRYOVERS
Budget Carryover 100 General Fund 4H sprinkler replacement 9,571
Budget Carryover 100 General Fund 5 benches 9,000
Budget Carryover 100 General Fund ACCELA and Project Dox trainings 10,000
Budget Carryover 100 General Fund AV and Current Control Room Support 16,840
Budget Carryover 100 General Fund Backflow device Lincoln elementary 3,900
Budget Carryover 100 General Fund Baker Tilly BT2811892 ph1 last invoice ‐4,450
Budget Carryover 100 General Fund Banner replacement 4,073
Budget Carryover 100 General Fund Banner replacement/outreach mailers 4,038
Budget Carryover 100 General Fund Business attraction and Retention 20,000
Budget Carryover 100 General Fund CA Volunteers N2N 56,781
Budget Carryover 100 General Fund CAPIO for 1 staff 1,000
Budget Carryover 100 General Fund ChatBot one year pilot 25,000
Budget Carryover 100 General Fund Citywide facility remodel/reconfiguration 61,416
Budget Carryover 100 General Fund Climate AP Vision Summary Doc 10,000
Budget Carryover 100 General Fund Community Survey 57,928
Budget Carryover 100 General Fund Contract services 6,855
Budget Carryover 100 General Fund Cover bank charges 10,008
Budget Carryover 100 General Fund Crossing guard services ongoing 16,542
Budget Carryover 100 General Fund CSTI and Bay Area UASI 24,600
Budget Carryover 100 General Fund CWP bicycle facilities in progress 50,000
Budget Carryover 100 General Fund CWP Electrification Study 9,999
Budget Carryover 100 General Fund CWP License Plate Readers 60,000
Budget Carryover 100 General Fund CWP Public Safety Res/comm areas 10,000
Budget Carryover 100 General Fund CWP Revisit 5G in progress 250,000
Budget Carryover 100 General Fund CWP tree list 110,000
Budget Carryover 100 General Fund Design work and Ad Placement 2,200
Budget Carryover 100 General Fund Don Burnett Bridge inspection/median repairs 315,705
Budget Carryover 100 General Fund Donated funds plus program expansion 7,868
Budget Carryover 100 General Fund ED data sets/Start Up Space 11,000
Budget Carryover 100 General Fund Electric cooking workshop 6,400
Budget Carryover 100 General Fund Emerald ash borer treatment 30,000
Budget Carryover 100 General Fund EMPG/Encampment Abatement 15,000
Budget Carryover 100 General Fund Energy System one year pilot 45,000
Budget Carryover 100 General Fund Executive Recruitment 35,000
Budget Carryover 100 General Fund Fence replacement 21,293
Budget Carryover 100 General Fund Foothill De‐Anza Student Internship Program 120,618
Budget Carryover 100 General Fund FY24 Avocette June Invoice 2407CU1 ‐7,605
Budget Carryover 100 General Fund General Plan 239,805
Budget Carryover 100 General Fund General supplies FY25 delivery 1,346
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Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers
as of September 30, 2024
Attachment C
Budget Adjustment Type Fund Description Amount
Budget Carryover 100 General Fund Glass replacement in progress 8,338
Budget Carryover 100 General Fund Irrigation controller settlement in progress 103,785
Budget Carryover 100 General Fund Kitchen HVAC unit replacement 121,675
Budget Carryover 100 General Fund Laserfiche Planning Map Scanning 726
Budget Carryover 100 General Fund lead free back flow devices 12,500
Budget Carryover 100 General Fund Library HVAC ventilation 42,800
Budget Carryover 100 General Fund LOS to VMT standards in progress 60
Budget Carryover 100 General Fund Marina Plaza 23,317
Budget Carryover 100 General Fund Moss Adams Citywide policy review 13,000
Budget Carryover 100 General Fund MRC Rise 2,194
Budget Carryover 100 General Fund Muni Water system in progress 5,811
Budget Carryover 100 General Fund Native Digital 77,400
Budget Carryover 100 General Fund New staff membership/dues 7,302
Budget Carryover 100 General Fund New staff training 35,984
Budget Carryover 100 General Fund NHSA/CESA conference 1 staff 1,730
Budget Carryover 100 General Fund Office supplies FY25 delivery 130
Budget Carryover 100 General Fund Paused training to resume FY25 4,705
Budget Carryover 100 General Fund Pedestrian education & bike safety 47,015
Budget Carryover 100 General Fund PT Comm/Branding consultant 115,000
Budget Carryover 100 General Fund QCC Conference room chairs 2,350
Budget Carryover 100 General Fund Real estate appraisal/Shawn Spano 32,000
Budget Carryover 100 General Fund Regional Emergency Operations project 500,000
Budget Carryover 100 General Fund Replace battery back up units 93,382
Budget Carryover 100 General Fund Residential/Mixed Use Design 194,922
Budget Carryover 100 General Fund Santa Clara Valley Water agreement 23,631
Budget Carryover 100 General Fund SC Corridor Vision study 154,079
Budget Carryover 100 General Fund Security project in progress 77,174
Budget Carryover 100 General Fund Senior Center improvements 32,675
Budget Carryover 100 General Fund Senior Center improvements/Wilson park projector 8,289
Budget Carryover 100 General Fund Shade structure replacement 65,630
Budget Carryover 100 General Fund Small Business Saturday event 796
Budget Carryover 100 General Fund Small to Medium business resillency 310,487
Budget Carryover 100 General Fund Staff training 2,843
Budget Carryover 100 General Fund Stay Active Fund 49,086
Budget Carryover 100 General Fund SVC center security project in progress 2,015
Budget Carryover 100 General Fund Swag/Crest expenses 8,900
Budget Carryover 100 General Fund The Hamptons 108,640
Budget Carryover 100 General Fund Trees and badges 5,000
Budget Carryover 100 General Fund Tylerʹs New World functionality 34,985
Budget Carryover 100 General Fund Uniform FY25 delivery 2,801
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Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers
as of September 30, 2024
Attachment C
Budget Adjustment Type Fund Description Amount
Budget Carryover 100 General Fund Vallco SB35/Rise 109,207
Budget Carryover 100 General Fund Via Community Shuttle 322,107
Budget Carryover 100 General Fund VTC 18,906,634
Budget Carryover 100 General Fund VTC in progress 764,777
Budget Carryover 100 General Fund Wavelength/Capitol Track 2,148
Budget Carryover 100 General Fund Westport 55,339
Budget Carryover 100 General Fund Window replacement 101,206
TOTAL GENERAL FUNDS 24,271,306
Budget Carryover 210 Storm Drain Improvement Pumpkin/Fiesta project in progress 54,239
Budget Carryover 230 Env Mgmt Cln Crk Strm Drain Outfall repairs in progress 428,312
Budget Carryover 230 Env Mgmt Cln Crk Strm Drain Rainwater Capture ongoing 12,500
Budget Carryover 230 Env Mgmt Cln Crk Strm Drain Street Sweeping Contract new RFP rate increase 145,372
Budget Carryover 265 BMR Housing Develop ELI Housing 235,296
Budget Carryover 270 Transportation Fund Annual Asphalt in progress 5,496,157
Budget Carryover 270 Transportation Fund Annual SW Curb & Gutter in progress 1,488,374
Budget Carryover 270 Transportation Fund Bridge Rehab Minor in progress 452,760
Budget Carryover 270 Transportation Fund Crack seal & fog seal in progress 81,579
Budget Carryover 270 Transportation Fund McClellan Rd Separated Bike Ph3 163,686
Budget Carryover 270 Transportation Fund SB1 funded work in progress 827,253
Budget Carryover 270 Transportation Fund Sidewalk inspections in progress 89,972
Budget Carryover 270 Transportation Fund Sign survey in progress 30,000
Budget Carryover 280 Park Dedication Lawrence‐Mitty Park 5,940,456
TOTAL SPECIAL REVENUE FUNDS 15,445,956
Budget Carryover 420 Capital Improvement Fund ADA Improvements 91,990
Budget Carryover 420 Capital Improvement Fund BBF Pool Improvements 60,169
Budget Carryover 420 Capital Improvement Fund Bike Plan Implementation 7,650,654
Budget Carryover 420 Capital Improvement Fund City Hall & Community Hall Improvements 378,036
Budget Carryover 420 Capital Improvement Fund City Hall Annex (formerly 10455 Torre)1,901,522
Budget Carryover 420 Capital Improvement Fund City Lighting LED transition 1,170,123
Budget Carryover 420 Capital Improvement Fund CWP Bldg Condition assessment 1,848,748
Budget Carryover 420 Capital Improvement Fund EV Parking Expansion 208,000
Budget Carryover 420 Capital Improvement Fund Inclusive Play Area Planning 4,318,340
Budget Carryover 420 Capital Improvement Fund Library expansion 393,310
Budget Carryover 420 Capital Improvement Fund McClellan Ranch West Parking Lot 1,611
Budget Carryover 420 Capital Improvement Fund Playground Equipment 613,755
Budget Carryover 420 Capital Improvement Fund Regnart Rd improvements 92,202
Budget Carryover 420 Capital Improvement Fund SCB/Bandley Signal & Median 142,208
Budget Carryover 420 Capital Improvement Fund School Walk Audit Implementation 939,405
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Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers
as of September 30, 2024
Attachment C
Budget Adjustment Type Fund Description Amount
Budget Carryover 420 Capital Improvement Fund SLTG/280 Ped Bridge Lighting (dev in lieu)46,449
Budget Carryover 420 Capital Improvement Fund St Light Install ‐ Annual Infill 106,805
Budget Carryover 420 Capital Improvement Fund St Light Replacement CW (labor)99,330
Budget Carryover 420 Capital Improvement Fund Stevens Creek Bridge Repair 172,000
Budget Carryover 420 Capital Improvement Fund Varuous Park Amenities 443,760
TOTAL CAPITAL PROJECT FUNDS 20,678,417
Budget Carryover 520 Resource Recovery Grant expenditure 38,492
Budget Carryover 520 Resource Recovery HHW and Paintcare 45,277
Budget Carryover 520 Resource Recovery New Landfill agmt/solid waste in progress 85,738
Budget Carryover 520 Resource Recovery New staff training 3,493
Budget Carryover 520 Resource Recovery overlapping FY payments/new staff 1,513
Budget Carryover 520 Resource Recovery SB1383 Procurement requirements in progress 205,653
Budget Carryover 520 Resource Recovery Single Use Plastics in progress 3,986
Budget Carryover 520 Resource Recovery Single Use Plastics Ordinance 15,558
Budget Carryover 560 Blackberry Farm Cover bank charges 8,149
Budget Carryover 570 Sports Center Cover bank charges 20,000
Budget Carryover 570 Sports Center HVAC repair and Raquetball court in progress 43,705
Budget Carryover 570 Sports Center Roof Hatch replacement 20,081
Budget Carryover 580 Recreation Program Cover bank charges 30,000
Budget Carryover 580 Recreation Program general supplies FY25 delivery 715
TOTAL ENTERPRISE FUNDS 522,360
Budget Carryover 610 Innovation & Technology Advanced Traffic Management System (ATMS)20,000
Budget Carryover 610 Innovation & Technology Infrastructure staff travel Disaster Recovery Phoenix 11,239
Budget Carryover 610 Innovation & Technology LaserFiche WORM (write once read many)109,928
Budget Carryover 630 Vehicle/Equip Replacement Shop repair in progress 10,000
TOTAL INTERNAL SERVICE FUNDS 151,167
TOTAL BUDGET CARRYOVERS 61,069,206
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Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers
as of September 30, 2024
Attachment C
Budget Adjustment Type Fund Description Amount
COUNCIL ACTIONS
Council Action 100 General Fund Council approved increasing crossing guard service contract 78,707
Council Action 270 Transportation Fund Bridge Preventative Maintenance Program Construction Contract 300,000
Council Action 429 Capital Reserve Bridge Preventative Maintenance Program Construction Contract 300,000
TOTAL CAPITAL PROJECT FUNDS 678,707
TOTAL COUNCIL ACTIONS 678,707
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Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers
as of September 30, 2024
Attachment C
Budget Adjustment Type Fund Description Amount
ENCUMBRANCE CARRYOVERS
Encumbrance Carryover 100 General Fund PO 2023‐556 Nomad Transit Via July 24 274,010
Encumbrance Carryover 100 General Fund PO 2024‐255 Rincon GHG emissions 2,974
Encumbrance Carryover 100 General Fund PO 2024‐468 West Coast Arborists JFK MS Removal 575
Encumbrance Carryover 100 General Fund PO 2024‐487 West Coast Arborists Portal Park tree removal 9,200
Encumbrance Carryover 100 General Fund PO 2024‐498 A&D Svc center gate antenna 2,308
Encumbrance Carryover 100 General Fund Year End Soft Close 4,464,463
TOTAL GENERAL FUNDS 4,753,530
Encumbrance Carryover 230 Env Mgmt Cln Crk Strm Drain PO 2023‐491 V&A storm drain outfall assessment Jul24 14,130
Encumbrance Carryover 230 Env Mgmt Cln Crk Strm Drain Year End Soft Close 89,056
Encumbrance Carryover 265 BMR Housing Year End Soft Close 3,005
Encumbrance Carryover 270 Transportation Fund Redgwick 5, 4625 PO2024‐277 Jun24 Mods (542,967)
Encumbrance Carryover 270 Transportation Fund Year End Soft Close 1,321,832
TOTAL SPECIAL REVENUE FUNDS 885,056
Encumbrance Carryover 420 Capital Improvement Fund 4Leaf J3872‐0512 PO 2024‐297 Regnart Rd Jun24 (24,501)
Encumbrance Carryover 420 Capital Improvement Fund 4Leaf J3872‐0512 PO 2024‐297 Regnart Rd Jun24_reverse JE4460 24,501
Encumbrance Carryover 420 Capital Improvement Fund Richard Yau 2406 PO 2024‐512 Jun24 MA 2022‐002 (13,940)
Encumbrance Carryover 420 Capital Improvement Fund Starbird 0253 PO 2024‐12 Regnart Rd thru 063024 (6,288)
Encumbrance Carryover 420 Capital Improvement Fund Year End Soft Close 2,468,183
Encumbrance Carryover 427 Stevens Creek Corridor Park Year End Soft Close 1,899
TOTAL CAPITAL PROJECT FUNDS 2,449,854
Encumbrance Carryover 520 Resource Recovery Year End Soft Close 44,640
Encumbrance Carryover 570 Sports Center Year End Soft Close 10,756
TOTAL ENTERPRISE FUNDS 55,396
Encumbrance Carryover 610 Innovation & Technology Year End Soft Close 288,405
Encumbrance Carryover 630 Vehicle/Equip Replacement Year End Soft Close 548,618
TOTAL INTERNAL SERVICE FUNDS 837,023
TOTAL ENCUMBRANCE CARRYOVERS 8,980,859
BUDGET CARRYOVER, COUNCIL APPROVED ADJUSTMENT, AND ENCUMBRANCE CARRYOVER TOTAL 70,728,772
FY 2024‐25 ADOPTED BUDGET 146,646,493
FY 2023‐24 AMENDED BUDGET AS OF SEPTEMBER 30, 2024 217,375,265$
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Budget Transfers as of September 30, 2024 Attachment D
GL Account Description Amount
100‐74‐202 500‐501 ‐ Employee Compensation Salaries Full Time code enforcement abatement (20,000)
100‐74‐202 700‐702 ‐ Contract Services General Service Agreement code enforcement abatement 20,000
‐
100‐74‐202 700‐702 ‐ Contract Services General Service Agreement Transfer $20k from Contract Services to new Abatement account (20,000)
100‐74‐716 700‐702 ‐ Contract Services General Service Agreement Transfer $20k from Contract Services to new Abatement account 20,000
‐
100‐31‐305 700‐702 ‐ Contract Services General Service Agreement Funds for Applications Intern III (25,303)
100‐32‐308 500‐502 ‐ Employee Compensation Salaries Part Time Funds for Applications Intern III 24,626
100‐32‐308 501‐501 ‐ Employee Benefits PT Medicare Funds for Applications Intern III 357
100‐32‐308 501‐520 ‐ Employee Benefits PT PERS Funds for Applications Intern III 320
‐
100‐31‐305 700‐702 ‐ Contract Services General Service Agreement Funds for Citywide Interns (95,315)
100‐44‐412 500‐502 ‐ Employee Compensation Salaries Part Time Funds for Citywide Interns 95,315
TOTAL ‐
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FY 2023-24 First Quarter Recommended Adjustments Attachment E
12/3/2024 10044412700702 50,000 Chief Negotiator for successor agreements
12/3/2024 10044417700704 75,000 General Liablity potential settlement costs
12/3/2024 10044412700702 10,000 American Sign Language Translation Services
12/3/2024
10032308500501
212,157
Correctly allocate deleted IT Manager (see reduction in internal
service funds)
12/3/2024
10032308501500
64,326
Correctly allocate deleted IT Manager (see reduction in internal
service funds)
12/3/2024
10032308501505
31,868
Correctly allocate deleted IT Manager (see reduction in internal
service funds)
12/3/2024
10032308501506
1,521
Correctly allocate deleted IT Manager (see reduction in internal
service funds)
12/3/2024
10032308501511
179
Correctly allocate deleted IT Manager (see reduction in internal
service funds)
12/3/2024
10032308501508
720
Correctly allocate deleted IT Manager (see reduction in internal
service funds)
12/3/2024
10032308501509
622
Correctly allocate deleted IT Manager (see reduction in internal
service funds)
12/3/2024
10032308501502
29
Correctly allocate deleted IT Manager (see reduction in internal
service funds)
12/3/2024
10032308501513
500
Correctly allocate deleted IT Manager (see reduction in internal
service funds)
12/3/2024
10032308501507
3,076
Correctly allocate deleted IT Manager (see reduction in internal
service funds)
12/3/2024 10083850900905 36,822 Purchase of a new bio holding tank
12/3/2024 10083807700702 25,000 Replace structural column and foundation at materials bunker
12/3/2024 10087837900905 24,490 Replace leaking fire hydrant at Creekside
12/3/2024 10087830600608 35,898 QCC Spot Coolers Purchase
12/3/2024 10087830700702 4,011 QCC Move and Cool Rentals
12/3/2024 10087832700702 1,337 EEC Move and Cools Rentals
12/3/2024 26072707700702 53,570 Develop the 2025‐2030 Consolidated Plan
12/3/2024 61035986500501 (212,157) Correcting position elimination
12/3/2024 61035986501500 (64,326) Correcting position elimination
12/3/2024 61035986501505 (31,868) Correcting position elimination
12/3/2024 61035986501506 (1,521) Correcting position elimination
12/3/2024 61035986501511 (179) Correcting position elimination
12/3/2024 61035986501508 (720) Correcting position elimination
12/3/2024 61035986501509 (622) Correcting position elimination
12/3/2024 61035986501502 (29) Correcting position elimination
12/3/2024 61035986501513 (500) Correcting position elimination
12/3/2024 61035986501507 (3,076) Correcting position elimination
12/3/2024 61034310500505 15,000 IT Overtime
12/3/2024 10090001800902 53,570 Develop the 2025‐2030 Consolidated Plan
12/3/2024 26072707421401 53,570 Develop the 2025‐2030 Consolidated Plan
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FY 2023-24 Special Projects Attachment F
Function Program Base And Detail Account With Detail
Description
Full Org Set Code And Description Amended
Budget
Actual Amount Encumbrance Status Estimated
Completion
Notes (e.g., carried over to next fiscal
year)
Administration 120 City Manager 750.239 ‐ PR & Strategic Comm Strategy 100‐12‐120 ‐ General Fund‐City Manager‐
City Manager
38,900 38,415 ‐ In Progress 6/30/2026 Funds carried over into FY25
Administration 632 Comm Outreach & Neigh
Watch
750.056 ‐ Neighborhood Engagement 100‐12‐632 ‐ General Fund‐City Manager‐
Comm Outreach & Neigh Watch
7,624 7,623 ‐ In Progress 10/2024 Funds carried over into FY25
Administration 705 Economic Development 750.103 ‐ CWP Regulate Diversified Retail 100‐12‐705 ‐ General Fund‐City Manager‐
Economic Development
5,000 ‐ ‐ Pending Recommended Service Level Reduction
(Potential Cancellation of this item)
Administration 705 Economic Development 750.230 ‐ Business Continuity Resilience 100‐12‐705 ‐ General Fund‐City Manager‐
Economic Development
174,513 174,512 (0) In Progress 7/2024
Administrative
services
405 Accounting 750.189 ‐ Fee Study 100‐41‐405 ‐ General Fund‐Finance‐
Accounting
70,800 47,300 ‐ Completed 2/2024 Project came in under budget
Administrative
services
426 Budgeting 750.217 ‐ CWP Analyze Potential Rev
Measrs
100‐41‐426 ‐ General Fund‐Finance‐
Budgeting
20,000 20,000 ‐ Completed 2/2024
Community
development
700 Community Development
Admin
750.104 ‐ CWP Homeless Jobs Program 100‐70‐700 ‐ General Fund‐Planning &
Community Development‐Community
Development Admin
176,935 136,895 (0) In Progress 6/30/2024 For FY 2023‐24, the Homeless Jobs
Program did not receive funding in the
CWP, but was allowed to continue
operating with leftover funds from prior
years. It is on the list to be reconsidered for
the FY 2024‐25 CWP, and was
recommended to be continued by the
Housing Commission in their CWP
recommendations.
Community
development
701 Current Planning 750.007 ‐ The Hamptons 100‐71‐701 ‐ General Fund‐Planning‐
Current Planning
‐ ‐ ‐ Not Started Funds carried over into FY25
Community
development
701 Current Planning 750.009 ‐ Marina Plaza 100‐71‐701 ‐ General Fund‐Planning‐
Current Planning
‐ ‐ ‐ In Progress ongoing Funds carried over into FY25
Community
development
701 Current Planning 750.029 ‐ Vallco SB35/Rise 100‐71‐701 ‐ General Fund‐Planning‐
Current Planning
79,473 79,473 ‐ In Progress Funds carried over into FY25
Community
development
702 Mid Long Term Planning 750.032 ‐ General Plan 100‐71‐702 ‐ General Fund‐Planning‐Mid
Long Term Planning
‐ ‐ ‐ In Progress ongoing Funds carried over into FY25
Community
development
702 Mid Long Term Planning 750.049 ‐ MuniCode Updates 100‐71‐702 ‐ General Fund‐Planning‐Mid
Long Term Planning
25,000 ‐ ‐ In Progress 11/2024 Project delayed due to COVID and
department turnover.
Community
development
702 Mid Long Term Planning 750.090 ‐ Residential/Mixed Use Design 100‐71‐702 ‐ General Fund‐Planning‐Mid
Long Term Planning
7,294 7,294 ‐ In Progress 12/2024 Delays in project due to previous
contractor/consultant and housing
element.
Community
development
702 Mid Long Term Planning 750.101 ‐ CWP RHNA and Gen Plan
Update
100‐71‐702 ‐ General Fund‐Planning‐Mid
Long Term Planning
624,017 675,458 0 In Progress Spring/Summer
2024
Pending State of California Housing and
Community Development Department
adoption of Housing Element.
Community
development
702 Mid Long Term Planning 750.135 ‐ Laserfiche planning map
scanning
100‐71‐702 ‐ General Fund‐Planning‐Mid
Long Term Planning
3,264 3,263 (0) In Progress Winter 2024 Ongoing operational item.
Community
development
711 BMR Affordable Housing
Fund
750.051 ‐ Support for the Unhoused 265‐72‐711 ‐ BMR Housing‐Housing
Services‐BMR Affordable Housing Fund
50,000 50,000 ‐ In Progress ongoing Pending budget depletion. $50k will be
defunded in Q3 to true up to the required
County match. No completion date.
Community
development
711 BMR Affordable Housing
Fund
750.052 ‐ Develop ELI Housing 265‐72‐711 ‐ BMR Housing‐Housing
Services‐BMR Affordable Housing Fund
85 85 ‐ In Progress N/A Pending development of Mary Ave, then
operational.
Community
development
713 General Building 750.036 ‐ Ongoing Bldg Recrd
scan/conversn
100‐73‐713 ‐ General Fund‐Building‐
General Building
14,387 856 ‐ In Progress Winter 2024 Ongoing operational item.
Community
development
714 Construction Plan Check 750.031 ‐ Westport 100‐73‐714 ‐ General Fund‐Building‐
Construction Plan Check
9,118 9,118 (0) In Progress 2026 Pending building permit status. The
timeline is uncertain however staff
estimates the townhome portion should be
completed/occupied by end of this year.
The Senior BMR apartments should be
occupied by Spring 2025. The assisted living
parcel will be submitting revisions by 2026.
Community
development
714 Construction Plan Check 750.067 ‐ VTC 100‐73‐714 ‐ General Fund‐Building‐
Construction Plan Check
‐ ‐ ‐ In Progress N/A Funds carried over into FY25
Community
development
715 Building Inspection 750.067 ‐ VTC 100‐73‐715 ‐ General Fund‐Building‐
Building Inspection
‐ ‐ ‐ Not Started Funds carried over into FY25
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FY 2023-24 Special Projects Attachment F
Function Program Base And Detail Account With Detail
Description
Full Org Set Code And Description Amended
Budget
Actual Amount Encumbrance Status Estimated
Completion
Notes (e.g., carried over to next fiscal
year)
Information Services 300 Administration 750.197 ‐ Aclima & Envirosuite Pilot Ext 610‐30‐300 ‐ Innovation & Technology‐
I&T Administration‐Administration
66,000 66,000 ‐ Completed 8/15/2023
Information Services 300 Administration 750.222 ‐ CWP Cybersecurity Public Edu 610‐30‐300 ‐ Innovation & Technology‐
I&T Administration‐Administration
1,317 1,380 ‐ Completed 9/16/2023
Information Services 305 Video 900.995 ‐ Special Projects ‐ CDD/I&T 100‐31‐305 ‐ General Fund‐I&T Video‐
Video
8,216 8,215 ‐ Completed 9/30/2023 Funds carried over into FY25
Information Services 308 Applications 750.120 ‐ Performance Management App 100‐32‐308 ‐ General Fund‐I&T
Applications‐Applications
‐ ‐ ‐ Cancelled
Information Services 308 Applications 750.123 ‐ Redesign of City Website 100‐32‐308 ‐ General Fund‐I&T
Applications‐Applications
17,219 17,219 0 In Progress Q2 FY2025 Funds carried over into FY25
Information Services 308 Applications 750.181 ‐ ERP (Phase II)100‐32‐308 ‐ General Fund‐I&T
Applications‐Applications
94,076 24,910 ‐ Cancelled Recommended Service Level Reduction
Information Services 308 Applications 750.183 ‐ ACA Guide & Wrapper 100‐32‐308 ‐ General Fund‐I&T
Applications‐Applications
‐ ‐ ‐ In Progress 6/30/2025 Funds carried over into FY25
Information Services 308 Applications 750.184 ‐ Accela Roadmap 100‐32‐308 ‐ General Fund‐I&T
Applications‐Applications
‐ ‐ ‐ In Progress 6/30/2025 Funds carried over into FY25
Information Services 308 Applications 750.186 ‐ Consolidated Code Enf Services 100‐32‐308 ‐ General Fund‐I&T
Applications‐Applications
22,408 22,408 ‐ Completed 2/27/2024
Information Services 308 Applications 750.236 ‐ Project Dox 100‐32‐308 ‐ General Fund‐I&T
Applications‐Applications
98,807 98,357 ‐ Completed 6/30/2024
Information Services 310 Infrastructure 750.107 ‐ Security Framework and Audit 610‐34‐310 ‐ Innovation & Technology‐
I&T Infrastructure‐Infrastructure
30,000 29,375 ‐ Completed 6/30/2024
Information Services 310 Infrastructure 750.124 ‐ ActiveNet Additional Readers 610‐34‐310 ‐ Innovation & Technology‐
I&T Infrastructure‐Infrastructure
9,000 11,076 (0) Completed 2/28/2024
Information Services 310 Infrastructure 750.125 ‐ Council Voting System and
Timer
610‐34‐310 ‐ Innovation & Technology‐
I&T Infrastructure‐Infrastructure
‐ ‐ ‐ Cancelled
Information Services 310 Infrastructure 750.199 ‐ City Facilities Video Capture 610‐34‐310 ‐ Innovation & Technology‐
I&T Infrastructure‐Infrastructure
‐ ‐ ‐ In Progress 6/30/2025 Funds carried over into FY25
Information Services 310 Infrastructure 750.200 ‐ CH Ent Server & Storage Tech
Ref
610‐34‐310 ‐ Innovation & Technology‐
I&T Infrastructure‐Infrastructure
150,000 150,000 ‐ Completed 2/28/2024
Information Services 986 GIS 750.166 ‐ AR McClellan Ranch 610‐35‐986 ‐ Innovation & Technology‐
I&T GIS‐GIS
15,334 15,333 ‐ In Progress 4/30/2024
Information Services 986 GIS 750.207 ‐ Additional Telematics Devices 610‐35‐986 ‐ Innovation & Technology‐
I&T GIS‐GIS
5,300 5,300 ‐ Completed 7/30/2023
Information Services 986 GIS 750.211 ‐ Drone Instructor Training 610‐35‐986 ‐ Innovation & Technology‐
I&T GIS‐GIS
775 775 ‐ Completed 8/30/2023
Information Services 986 GIS 750.212 ‐ Laserfiche Scanning 610‐35‐986 ‐ Innovation & Technology‐
I&T GIS‐GIS
18,316 17,661 0 In Progress 4/30/2024
Information Services 986 GIS 750.216 ‐ CIP Management System 610‐35‐986 ‐ Innovation & Technology‐
I&T GIS‐GIS
10,740 10,740 ‐ In Progress 3/30/2024
Information Services 986 GIS 750.238 ‐ VR Decarb 610‐35‐986 ‐ Innovation & Technology‐
I&T GIS‐GIS
(2) ‐ ‐ In Progress 5/30/2024
Law enforcement 200 Law Enforcement SC Sherif 750.227 ‐ CWP Public Safety res/com
areas
100‐20‐200 ‐ General Fund‐Law
Enforcement‐Law Enforcement SC Sherif
‐ ‐ ‐ In Progress 6/30/2025 Funds carried over into FY25
Public works 122 Sustainability Division 750.018 ‐ Climate Action Plan 100‐81‐122 ‐ General Fund‐
Environmental Programs‐Sustainability
Division
1,236 ‐ ‐ Completed 10/2023 Transferred from Administration 100‐12‐
122 750.018 in FY 24.
Public works 122 Sustainability Division 750.019 ‐ Employee Commute Program 100‐81‐122 ‐ General Fund‐
Environmental Programs‐Sustainability
Division
2,586 4,618 ‐ Completed 10/2023 Transferred from Administration 100‐12‐
122 750.018 in FY 24. Project went over
budget due to claims exceeding projected
budget and will be covered with budget
savings. Program is discontinued.
Public works 122 Sustainability Division 750.223 ‐ CWP Electrification Study 100‐81‐122 ‐ General Fund‐
Environmental Programs‐Sustainability
Division
3,943 3,942 ‐ In Progress 6/30/2025 Transferred from Administration 100‐12‐
122 750.223 in FY24.
Public works 800 Public Works Admin 750.071 ‐ Municipal Water System 100‐80‐800 ‐ General Fund‐PW
Administration‐Public Works Admin
16,866 16,866 ‐ Completed 10/1/2024
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FY 2023-24 Special Projects Attachment F
Function Program Base And Detail Account With Detail
Description
Full Org Set Code And Description Amended
Budget
Actual Amount Encumbrance Status Estimated
Completion
Notes (e.g., carried over to next fiscal
year)
Public works 801 Resources Recovery 750.041 ‐ HHW and PaintCare 520‐81‐801 ‐ Resource Recovery‐
Environmental Programs‐Resources
Recovery
70,456 70,456 ‐ In Progress Ongoing annual
project
No completion date
Public works 801 Resources Recovery 750.084 ‐ Single Use Plastics Ordinance 520‐81‐801 ‐ Resource Recovery‐
Environmental Programs‐Resources
Recovery
65,172 65,172 (0) In Progress 6/30/2025 Ordinance implementation still in progress
and on schedule.
Public works 801 Resources Recovery 750.137 ‐ SB1383 Procurement
Requirements
520‐81‐801 ‐ Resource Recovery‐
Environmental Programs‐Resources
Recovery
(92,911) (92,911) (0) In Progress Ongoing annual
project
No completion date
Public works 801 Resources Recovery 750.174 ‐ New Lndfill Agrmnt/Solid Wst
con
520‐81‐801 ‐ Resource Recovery‐
Environmental Programs‐Resources
Recovery
222,155 222,141 ‐ In Progress 8/31/2025
Public works 804 Plan Review 750.039 ‐ PW Scanning Project 100‐82‐804 ‐ General Fund‐
Developmental Services‐Plan Review
30,403 30,403 (0) In Progress 6/30/2024
Public works 804 Plan Review 750.067 ‐ VTC 100‐82‐804 ‐ General Fund‐
Developmental Services‐Plan Review
‐ ‐ ‐ In Progress Anticipated
2030
This pertains to plan review and occurs
prior to permit issuance with the City
awaiting the latest plan submittal.
Public works 804 Plan Review 750.105 ‐ CWP Revisit 5G 100‐82‐804 ‐ General Fund‐
Developmental Services‐Plan Review
‐ ‐ ‐ In Progress 2/28/2025 Most of the work to date has been
completed in‐house. Ongoing changes to
related laws, limited staffing resources, and
other priorities have resulted in delays to
finalization.
Public works 807 Service Center
Administration
750.043 ‐ Office Reconfiguration 100‐83‐807 ‐ General Fund‐Service
Center‐Service Center Administration
128,445 53,445 ‐ In Progress Ongoing annual
project
This an ongoing allocation that was added
in FY20 to account for the various office
reconfigurations need as a result aging City
facilities to help mitigate space issues.
Public works 808 McClellan Ranch Park 750.025 ‐ Special Maintenance 100‐84‐808 ‐ General Fund‐Grounds‐
McClellan Ranch Park
70,000 ‐ ‐ Cancelled This was moved to CIP for FY 25‐26
Public works 812 School Site Maintenance 750.025 ‐ Special Maintenance 100‐84‐812 ‐ General Fund‐Grounds‐
School Site Maintenance
20,000 24,950 ‐ Completed 6/30/2024 This account is used for various one‐time
maintenance projects that vary from year
to year. This account was added FY20 to
provide visibility to one‐time project costs
that vary from year to year to assist in
showing baseline expenses only in
materials and/or contracts.
Public works 813 Neighborhood Parks 750.074 ‐ Tot Lot Rubber Resurfacing 100‐84‐813 ‐ General Fund‐Grounds‐
Neighborhood Parks
17,824 13,619 ‐ Completed 6/30/2024 All 3 locations completed.
Public works 813 Neighborhood Parks 750.141 ‐ Basketball Court Resurfacing 100‐84‐813 ‐ General Fund‐Grounds‐
Neighborhood Parks
20,000 20,000 ‐ Completed 12/2023
Public works 813 Neighborhood Parks 900.990 ‐ Special Projects ‐ PW 100‐84‐813 ‐ General Fund‐Grounds‐
Neighborhood Parks
25,000 24,100 ‐ Completed 9/2023 This account is used for various l one‐time
maintenance projects that vary from year
to year. This account was added FY17 to
provide visibility to one‐time project costs
that vary from year to year to assist in
showing baseline expenses only in
materials and/or contracts. Portal Park
concrete replacement is completed.
Public works 814 Sport Fields Jollyman CRK 750.140 ‐ Backflow Prevention Device
Repl
100‐84‐814 ‐ General Fund‐Grounds‐
Sport Fields Jollyman CRK
4,000 4,000 ‐ Completed 6/30/2024
Public works 814 Sport Fields Jollyman CRK 750.141 ‐ Basketball Court Resurfacing 100‐84‐814 ‐ General Fund‐Grounds‐
Sport Fields Jollyman CRK
10,000 10,000 ‐ Completed 12/2023
Public works 820 Sidewalk Curb and Gutter 750.020 ‐ Annual Sidewalk Curb & Gutter 270‐85‐820 ‐ Transportation Fund‐Streets‐
Sidewalk Curb and Gutter
724,229 724,228 (0) In Progress 6/30/2025 This is annual pavement maintenance and
was added in special projects for visibility
and reporting.
Public works 825 Street Tree Maintenance 750.235 ‐ CWP Tree List 100‐86‐825 ‐ General Fund‐Trees and
Right of Way‐Street Tree Maintenance
‐ ‐ ‐ In Progress 6/30/2025 Collaborating with CDD. Project currently
awaiting CDD's completion of RFP. RFP just
went out 10/21/2024
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FY 2023-24 Special Projects Attachment F
Function Program Base And Detail Account With Detail
Description
Full Org Set Code And Description Amended
Budget
Actual Amount Encumbrance Status Estimated
Completion
Notes (e.g., carried over to next fiscal
year)
Public works 825 Street Tree Maintenance 900.911 ‐ Trees and Badges 100‐86‐825 ‐ General Fund‐Trees and
Right of Way‐Street Tree Maintenance
11,263 3,325 ‐ In Progress Ongoing annual
project
Trees and Badges was a special project in
2014 and completed in the same year. The
funding has remainined in this account for
tree planting as trees are capital assets.
Moving forward, this item will be removed
from the special projects table and will be
moved to a materials or fixed asset account
as appropriate in FY26.
Public works 828 Bldg Maint Library 750.025 ‐ Special Maintenance 100‐87‐828 ‐ General Fund‐Facilities and
Fleet‐Bldg Maint Library
‐ ‐ ‐ In Progress 6/30/2025 Funds carried over into FY25. Library HVAC.
Public works 829 Bldg Maint Service Center 750.025 ‐ Special Maintenance 100‐87‐829 ‐ General Fund‐Facilities and
Fleet‐Bldg Maint Service Center
40,000 17,585 ‐ Completed 6/30/2024 Weatherproofing technologies; bal was
defunded
Public works 829 Bldg Maint Service Center 900.990 ‐ Special Projects ‐ PW 100‐87‐829 ‐ General Fund‐Facilities and
Fleet‐Bldg Maint Service Center
187,026 178,380 0 In Progress 6/30/2025 Awaiting delivery of materials.
Public works 830 Bldg Maint Quinlan Center 750.025 ‐ Special Maintenance 100‐87‐830 ‐ General Fund‐Facilities and
Fleet‐Bldg Maint Quinlan Center
7,826 7,826 ‐ Completed 6/30/2024 Flooring and laminate replacement
completed.
Security upgrade is carried over into FY25.
Public works 831 Bldg Maint Senior Center 750.025 ‐ Special Maintenance 100‐87‐831 ‐ General Fund‐Facilities and
Fleet‐Bldg Maint Senior Center
‐ ‐ ‐ Not Started 6/30/2025 This account is used for various one‐time
maintenance projects that vary from year
to year. This account was added FY20 to
provide visibility to one‐time project costs
that vary from year to year to assist in
showing baseline expenses only in
materials and/or contracts. Senior Center
Access Controls 750.130 ($16,000) was
transferred from Information Services.
Roof repair, deck dry rot repair, AC
replacement ‐ not started due to lack of
staffing, need for multiple quotes and
multiple vendor contracts
Public works 832 Bldg Maint McClellan
Ranch
750.025 ‐ Special Maintenance 100‐87‐832 ‐ General Fund‐Facilities and
Fleet‐Bldg Maint McClellan Ranch
82,472 27,820 ‐ Completed 6/30/2024 This account is used for various one‐time
maintenance projects that vary from year
to year. This account was added FY19 to
provide visibility to one‐time project costs
that vary from year to year to assist in
showing baseline expenses only in
materials and/or contracts.
Public works 832 Bldg Maint McClellan
Ranch
900.990 ‐ Special Projects ‐ PW 100‐87‐832 ‐ General Fund‐Facilities and
Fleet‐Bldg Maint McClellan Ranch
18,875 19,575 ‐ Completed $18,875 transferred from 750‐025 to 900‐
990 for roof and gutter replacement.
Public works 836 Bldg Maint Sports Center 750.025 ‐ Special Maintenance 570‐87‐836 ‐ Sports Center‐Facilities and
Fleet‐Bldg Maint Sports Center
6,789 6,789 ‐ In Progress 12/13/2024 HVAC (remaining) + raquetball (done)
Public works 841 BBF Facilities Maintenance 750.025 ‐ Special Maintenance 100‐87‐841 ‐ General Fund‐Facilities and
Fleet‐BBF Facilities Maintenance
18,197 ‐ ‐ In Progress Ongoing Maint
as needed
Blesch, Byrne and Stocklmeir Maint as
needed
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FY 2023-24 Special Projects Attachment F
Function Program Base And Detail Account With Detail
Description
Full Org Set Code And Description Amended
Budget
Actual Amount Encumbrance Status Estimated
Completion
Notes (e.g., carried over to next fiscal
year)
Public works 841 BBF Facilities Maintenance 900.990 ‐ Special Projects ‐ PW 100‐87‐841 ‐ General Fund‐Facilities and
Fleet‐BBF Facilities Maintenance
6,803 6,803 ‐ Completed 7/2023 This account is used for various one‐time
maintenance projects that vary from year
to year. This account was added FY16 to
provide visibility to one‐time project costs
that vary from year to year to assist in
showing baseline expenses only in
materials and/or contracts. Expenses are
located in fixed assets. Expensed to
900.990 GL account, budget transfer will be
initiated to complete transaction.
Public works 844 Traffic Engineering 750.040 ‐ Planned Transportation Project 100‐88‐844 ‐ General Fund‐
Transportation‐Traffic Engineering
53,235 53,236 ‐ Completed 7/2023 Vision Zero project completed
Public works 844 Traffic Engineering 750.079 ‐ Adaptive Traffic Signaling 100‐88‐844 ‐ General Fund‐
Transportation‐Traffic Engineering
12,473 12,473 ‐ Completed 8/2023
Public works 844 Traffic Engineering 750.163 ‐ VMT to LOS Standards 100‐88‐844 ‐ General Fund‐
Transportation‐Traffic Engineering
99,363 99,363 0 In Progress 6/30/2025
Public works 844 Traffic Engineering 750.219 ‐ CWP Bicycle Facilities 100‐88‐844 ‐ General Fund‐
Transportation‐Traffic Engineering
‐ ‐ ‐ In Progress 12/31/2024 This has started although no money has
been spent. There have been several
meetings with the BPC, and most recently
staff has been working on completing an
MOU with the Rotary to partner on the
installation of bike racks on private
property. The MOU has now been
executed and meetings are ongoing
between staff, Rotary, and BPC
subcommittee to finalize bike rack
installation locations. Once locations are
finalized, the division of labor regarding
installation will be determined and the bike
racks purchased and installed.
Public works 844 Traffic Engineering 750.231 ‐ SC Corridor Vision Study 100‐88‐844 ‐ General Fund‐
Transportation‐Traffic Engineering
‐ ‐ ‐ In Progress 6/30/2025 Partnered with City of San Jose
Public works 844 Traffic Engineering 750.242 ‐ AC2 Traffic Monitoring 100‐88‐844 ‐ General Fund‐
Transportation‐Traffic Engineering
34,365 41,205 ‐ In Progress 6/30/2025 Budgeted funds will be transferred here
from 100‐88‐844 900.923.
Public works 844 Traffic Engineering 900.923 ‐ Apple Campus 2 100‐88‐844 ‐ General Fund‐
Transportation‐Traffic Engineering
‐ ‐ ‐ Completed 6/30/2025 Budgeted in incorrect GL account,
departments will initiate a transfer to
correct to 100‐88‐844 750.242. This is a
development project that spanned several
years. It was added a special project to
provide visability and to maintain relevent
baseline expenses in materials and
contracts.
Public works 844 Traffic Engineering 900.964 ‐ I‐280/Wolfe Rd Interchange
Imprv
100‐88‐844 ‐ General Fund‐
Transportation‐Traffic Engineering
800,000 800,000 ‐ In Progress Est. completion
date unknown
as the project is
with VTA
Originally budgeted in 750‐040 and
transferred to Capital Outlay Account 100‐
88‐844 900‐964. Advanced payment made
to VTA for the City's portion.
Public works 846 Safe Routes 2 School 750.080 ‐ Pedestrian Education 100‐88‐846 ‐ General Fund‐
Transportation‐Safe Routes 2 School
10,118 10,118 ‐ Completed 11/2023
Public works 848 Street Lighting 900.990 ‐ Special Projects ‐ PW 100‐85‐848 ‐ General Fund‐Streets‐Street
Lighting
230,000 171,163 (0) In Progress 8/30/2024 This account is used for various l one‐time
maintenance projects that vary from year
to year. This account was added FY16 to
provide visibility to one‐time project costs
that vary from year to year to assist in
showing baseline expenses only in
materials and/or contracts.
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FY 2023-24 Special Projects Attachment F
Function Program Base And Detail Account With Detail
Description
Full Org Set Code And Description Amended
Budget
Actual Amount Encumbrance Status Estimated
Completion
Notes (e.g., carried over to next fiscal
year)
Public works 853 Storm Drain Fee 750.063 ‐ Rainwater Capture 230‐81‐853 ‐ Env Mgmt Cln Crk Strm
Drain‐Environmental Programs‐Storm
Drain Fee
19,512 19,512 (0) In Progress Ongoing annual
project
No completion date
Public works 854 General Fund Subsidy 750.064 ‐ Low Income Cost Share 230‐81‐854 ‐ Env Mgmt Cln Crk Strm
Drain‐Environmental Programs‐General
Fund Subsidy
13,162 47 ‐ In Progress Ongoing annual
project
No completion date. Payments were
voided as checks were not cashed.
Public works 854 General Fund Subsidy 750.065 ‐ CUSD Joint Use Cost Share 230‐81‐854 ‐ Env Mgmt Cln Crk Strm
Drain‐Environmental Programs‐General
Fund Subsidy
8,706 ‐ ‐ In Progress Ongoing annual
project
No completion date
Recreation services 601 Rec & Comm Svcs
Administration
750.098 ‐ CWP Senior Strategy 100‐60‐601 ‐ General Fund‐
Administration‐Rec & Comm Svcs
Administration
41,378 32 ‐ Completed 6/30/2024 Senior Survey Assessment
Recreation services 601 Rec & Comm Svcs
Administration
750.164 ‐ CWP Dogs Off Leash Area 100‐60‐601 ‐ General Fund‐
Administration‐Rec & Comm Svcs
Administration
5,000 338 ‐ Completed 6/30/2024
Recreation services 601 Rec & Comm Svcs
Administration
750.241 ‐ Senior Svcs & Youth
Engagement
100‐60‐601 ‐ General Fund‐
Administration‐Rec & Comm Svcs
Administration
20,000 3,159 ‐ Completed 6/30/2024
60
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FY 2024-25 First Quarter Special Projects Attachment G
Function Program Base And Detail Account
With Detail Description
Full Org Set Code And
Description
Amended
Budget
Actual Amount
(Expenses)
Encumbrances Status Estimated
Completion
Notes (e.g., carried over
to next fiscal year)
Administration 120 City Manager 750.239 ‐ PR & Strategic Comm
Strategy
100‐12‐120 ‐ General Fund‐City Manager‐City
Manager
77,400.00 0.00 0.00 In Progress 6/30/2026 These funds were carried over from
the previous fiscal year. Estimated
completion has been pushed to the
end of the next Fiscal Year due to
staff capacity.
Administration 120 City Manager 750.245 ‐ CWP Rise Const
Stakeholder Engmt
100‐12‐120 ‐ General Fund‐City Manager‐City
Manager
100,000.00 0.00 0.00 In Progress 12/31/2024 The City will continue engagement
with The Rise on an ongoing basis.
Expenses may occur after Q2.
Administration 632 Comm Outreach &
Neigh Watch
750.056 ‐ Neighborhood
Engagement
100‐12‐632 ‐ General Fund‐City Manager‐
Comm Outreach & Neigh Watch
56,781.00 3,540.92 0.00 Completed 9/30/2024 The Neighbor to Neighbor grant
ended on 9/30/24. Final
encumbrance of $19,481 processed
in Q2.
Administration 632 Comm Outreach &
Neigh Watch
750.227 ‐ CWP Public Safety res/com
areas
100‐12‐632 ‐ General Fund‐City Manager‐
Comm Outreach & Neigh Watch
10,000.00 0.00 0.00 In Progress 6/30/2025 The Block Leader outreach program
has started and staff will continue to
promote the programs until the end
of this fiscal year.
Administration 633 Disaster
Preparedness
750.230 ‐ Business Continuity
Resilience
100‐12‐633 ‐ General Fund‐City Manager‐
Disaster Preparedness
500,000.00 0.00 0.00 Not Started 6/30/2024 Staff is considering making
improvements to the EOC later this
fiscal year.
Administration 633 Disaster
Preparedness
750.240 ‐ MRC Rise 100‐12‐633 ‐ General Fund‐City Manager‐
Disaster Preparedness
2,194.00 1,176.24 0.00 Completed 9/30/2024 Additional supplies purchased for
MRC Rise in July 2024. Project is now
complete.
Administration 705 Economic
Development
750.230 ‐ Business Continuity
Resilience
100‐12‐705 ‐ General Fund‐City Manager‐
Economic Development
310,487.00 0.00 0.00 In Progress 6/30/2025 Funds were carried over for the
ongoing support for Small to
Medium Business Resiliency. This
was a Budget allocation from the
State of California
Community development 701 Current Planning 750.007 ‐ The Hamptons 100‐71‐701 ‐ General Fund‐Planning‐Current
Planning
108,640.00 0.00 0.00 Not Started Waiting for building submittal.
Project approval expries in 2026
Community development 701 Current Planning 750.009 ‐ Marina Plaza 100‐71‐701 ‐ General Fund‐Planning‐Current
Planning
23,317.00 0.00 0.00 In Progress Ongoing Waiting for building permit
Community development 701 Current Planning 750.029 ‐ Vallco SB35/Rise 100‐71‐701 ‐ General Fund‐Planning‐Current
Planning
109,207.00 0.00 0.00 In Progress Ongoing Waiting for building permit
Community development 702 Mid Long Term
Planning
750.032 ‐ General Plan 100‐71‐702 ‐ General Fund‐Planning‐Mid
Long Term Planning
239,805.00 0.00 0.00 In Progress Ongoing Operational item, no completion
date
Community development 702 Mid Long Term
Planning
750.090 ‐ Residential/Mixed Use
Design
100‐71‐702 ‐ General Fund‐Planning‐Mid
Long Term Planning
194,922.00 0.00 0.00 In Progress Summer 2025 Delays in prjoect due to previous
contractor/consultant and Housing
Element
Community development 702 Mid Long Term
Planning
750.101 ‐ CWP RHNA and Gen Plan
Update
100‐71‐702 ‐ General Fund‐Planning‐Mid
Long Term Planning
422,564.00 44,170.25 378,394.22 Completed Sep 2024 Completed in September, when the
City received notice from HCD that
the Housing Element complies with
State law.
Community development 702 Mid Long Term
Planning
750.102 ‐ CWP Sign Ordinance
Update
100‐71‐702 ‐ General Fund‐Planning‐Mid
Long Term Planning
200,000.00 0.00 0.00 Not Started Spring 2025 RFP to be released Winter 2024 to
obtain consultant
Community development 702 Mid Long Term
Planning
750.135 ‐ Laserfiche planning map
scanning
100‐71‐702 ‐ General Fund‐Planning‐Mid
Long Term Planning
726.00 0.00 0.00 In Progress Winter 2024 Ongoing Operational Item
Community development 702 Mid Long Term
Planning
750.235 ‐ CWP Tree List 100‐71‐702 ‐ General Fund‐Planning‐Mid
Long Term Planning
50,000.00 0.00 0.00 In Progress June 2025 Joing project with Public Works, RFP
released to obtain consultant
Community development 711 BMR Affordable
Housing Fund
750.052 ‐ Develop ELI Housing 265‐72‐711 ‐ BMR Housing‐Housing Services‐
BMR Affordable Housing Fund
238,301.00 0.00 3,005.00 In Progress Fall 2025 Pending development of Mary Ave,
then operational.
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FY 2024-25 First Quarter Special Projects Attachment G
Function Program Base And Detail Account
With Detail Description
Full Org Set Code And
Description
Amended
Budget
Actual Amount
(Expenses)
Encumbrances Status Estimated
Completion
Notes (e.g., carried over
to next fiscal year)
Community development 714 Construction Plan
Check
750.031 ‐ Westport 100‐73‐714 ‐ General Fund‐Building‐
Construction Plan Check
89,621.00 0.00 34,281.73 In Progress 2026 Pending building permit status. The
timeline is uncertain, however, staff
estimates the townhome portion
should be fully occupied by 2025.
The Senior BMR apartments are fully
occupied. The assisted living parcel is
currently being reviewed for
revisions.
Community development 714 Construction Plan
Check
750.067 ‐ VTC 100‐73‐714 ‐ General Fund‐Building‐
Construction Plan Check
14,595,179.00 0.00 1,095,179.46 In Progress Ongoing This pertains to building permits and
staff estimates that the developer
will submit additional building
permits in 2024
Community development 715 Building Inspection 750.067 ‐ VTC 100‐73‐715 ‐ General Fund‐Building‐Building
Inspection
5,406,634.00 0.00 0.00 Not Started This pertains to building inspections.
No construction has been
completed, and will occure over the
build‐out of the project at least 5
years.
Information Services 305 Video 900.995 ‐ Special Projects ‐ CDD/I&T 100‐31‐305 ‐ General Fund‐I&T Video‐Video 32,675.00 0.00 0.00 In Progress 6/30/2025
Information Services 308 Applications 750.123 ‐ Redesign of City Website 100‐32‐308 ‐ General Fund‐I&T Applications‐
Applications
3,481.00 0.00 3,481.31 In Progress 1/30/2025
Information Services 308 Applications 750.183 ‐ ACA Guide & Wrapper 100‐32‐308 ‐ General Fund‐I&T Applications‐
Applications
25,000.00 0.00 25,000.00 In Progress 6/30/2025
Information Services 308 Applications 750.184 ‐ Accela Roadmap 100‐32‐308 ‐ General Fund‐I&T Applications‐
Applications
23,000.00 0.00 23,000.00 In Progress 6/30/2025
Information Services 308 Applications 750.236 ‐ Project Dox 100‐32‐308 ‐ General Fund‐I&T Applications‐
Applications
394.00 393.75 0.00 Completed 6/30/2024
Information Services 310 Infrastructure 750.199 ‐ City Facilities Video
Capture
610‐34‐310 ‐ Innovation & Technology‐I&T
Infrastructure‐Infrastructure
6,079.00 0.00 6,079.34 In Progress 6/30/2025 Items are backordered
Information Services 986 GIS 750.166 ‐ AR McClellan Ranch 610‐35‐986 ‐ Innovation & Technology‐I&T
GIS‐GIS
11,333.00 11,333.32 0.00 Completed 9/30/2024
Information Services 986 GIS 750.212 ‐ Laserfiche Scanning 610‐35‐986 ‐ Innovation & Technology‐I&T
GIS‐GIS
4,099.00 0.00 4,098.54 In Progress 6/30/2025
Information Services 986 GIS 750.238 ‐ VR Decarb 610‐35‐986 ‐ Innovation & Technology‐I&T
GIS‐GIS
112,002.00 10,431.70 101,568.25 In Progress 3/30/2025
Law enforcement 200 Law Enforcement SC
Sherif
750.227 ‐ CWP Public Safety res/com
areas
100‐20‐200 ‐ General Fund‐Law Enforcement‐
Law Enforcement SC Sherif
60,000.00 0.00 0.00 In Progress 6/30/25 On 10/1/24 Council authorized staff
to execute an agreement for the
purchase and installation of 15 ALPR
cameras throughout the City. The
purchase is expected in Q2.
Public works 122 Sustainability
Division
750.025 ‐ Special Maintenance 100‐81‐122 ‐ General Fund‐Environmental
Programs‐Sustainability Division
10,000.00 0.00 0.00 Not Started 6/30/2025 Energy Efficiency Audit
Public works 122 Sustainability
Division
750.106 ‐ Electric Cooking Workshop
Series
100‐81‐122 ‐ General Fund‐Environmental
Programs‐Sustainability Division
6,400.00 0.00 0.00 In Progress 6/30/2025 Carried over from last FY
Public works 122 Sustainability
Division
750.176 ‐ Climate AP Vision
Summary Doc
100‐81‐122 ‐ General Fund‐Environmental
Programs‐Sustainability Division
10,000.00 0.00 0.00 In Progress 6/30/2025
Public works 122 Sustainability
Division
750.223 ‐ CWP Electrification Study 100‐81‐122 ‐ General Fund‐Environmental
Programs‐Sustainability Division
96,057.00 0.00 36,057.67 In Progress 6/30/2025 Transferred to CMO
Public works 800 Public Works Admin 750.244 ‐ CWP Recycled Water
Feasibility
100‐80‐800 ‐ General Fund‐PW
Administration‐Public Works Admin
200,000.00 0.00 0.00 In Progress 6/30/2025 New this FY
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FY 2024-25 First Quarter Special Projects Attachment G
Function Program Base And Detail Account
With Detail Description
Full Org Set Code And
Description
Amended
Budget
Actual Amount
(Expenses)
Encumbrances Status Estimated
Completion
Notes (e.g., carried over
to next fiscal year)
Public works 801 Resources Recovery 750.025 ‐ Special Maintenance 520‐81‐801 ‐ Resource Recovery‐
Environmental Programs‐Resources Recovery
20,000.00 0.00 0.00 In Progress 6/30/2025 CAP dashbaord pilot
Public works 801 Resources Recovery 750.041 ‐ HHW and PaintCare 520‐81‐801 ‐ Resource Recovery‐
Environmental Programs‐Resources Recovery
161,010.00 66,540.50 0.00 In Progress Ongoing annual
project
SCC Household Hazardous Waste
program. Annual on‐going program
to cover residential drop off of items
that cannot be accepted by
Recology.
Public works 801 Resources Recovery 750.084 ‐ Single Use Plastics
Ordinance
520‐81‐801 ‐ Resource Recovery‐
Environmental Programs‐Resources Recovery
94,544.00 (1,205.00)0.00 In Progress 6/30/2025 Ordinance implementation still in
progress and on schedule.
Public works 801 Resources Recovery 750.137 ‐ SB1383 Procurement
Requirements
520‐81‐801 ‐ Resource Recovery‐
Environmental Programs‐Resources Recovery
205,653.00 0.00 0.00 In Progress Ongoing annual
project
No completion date
Public works 801 Resources Recovery 750.174 ‐ New Lndfill Agrmnt/Solid
Wst con
520‐81‐801 ‐ Resource Recovery‐
Environmental Programs‐Resources Recovery
103,542.00 12,962.50 4,841.60 In Progress 8/31/2025
Public works 802 Non Point Source 750.064 ‐ Low Income Cost Share 230‐81‐802 ‐ Env Mgmt Cln Crk Strm Drain‐
Environmental Programs‐Non Point Source
2,000.00 0.00 0.00 In Progress Ongoing Defunding
Public works 802 Non Point Source 750.065 ‐ CUSD Joint Use Cost Share 230‐81‐802 ‐ Env Mgmt Cln Crk Strm Drain‐
Environmental Programs‐Non Point Source
8,707.00 0.00 0.00 In Progress Ongoing Will be moved to a contract account
in FY26 Proposed Budget.
Public works 804 Plan Review 750.039 ‐ PW Scanning Project 100‐82‐804 ‐ General Fund‐Developmental
Services‐Plan Review
9,310.00 0.00 9,310.29 In Progress Ongoing Funds are encumbered in Q1
Public works 804 Plan Review 750.067 ‐ VTC 100‐82‐804 ‐ General Fund‐Developmental
Services‐Plan Review
1,961,366.00 14,065.00 1,182,523.68 In Progress Anticipated 2030
Public works 804 Plan Review 750.105 ‐ CWP Revisit 5G 100‐82‐804 ‐ General Fund‐Developmental
Services‐Plan Review
250,000.00 0.00 0.00 In Progress 2/28/2025 Most of the work to date has been
completed in‐house. Ongoing
changes to related laws, limited
staffing resources, and other
priorities have resulted in delays to
finalization.
Public works 807 Service Center Admin750.043 ‐ Office Reconfiguration 100‐83‐807 ‐ General Fund‐Service Center‐
Service Center Administration
111,416.00 0.00 8,170.59 In Progress Ongoing Will be moved to materials/contracts
account in FY26 Proposed Budget.
This an ongoing allocation that was
added in FY20 to account for the
various citywide office
reconfigurations need as a result
aging City facilities to help mitigate
space issues.
Public works 812 School Site
Maintenance
750.025 ‐ Special Maintenance 100‐84‐812 ‐ General Fund‐Grounds‐School
Site Maintenance
10,500.00 0.00 0.00 In Progress 06/30/2025 Dugout roof replacement ‐ Hyde
Public works 814 Sport Fields Jollyman
CRK
750.025 ‐ Special Maintenance 100‐84‐814 ‐ General Fund‐Grounds‐Sport
Fields Jollyman CRK
10,500.00 0.00 0.00 In Progress 06/30/2025 Dugout roof replacement ‐ Jollyman
Public works 820 Sidewalk Curb and
Gutter
750.020 ‐ Annual Sidewalk Curb &
Gutter
270‐85‐820 ‐ Transportation Fund‐Streets‐
Sidewalk Curb and Gutter
2,776,484.00 0.00 1,725.91 In Progress 6/30/2025 Annual project
Public works 821 Street Pavement
Maintenance
900.921 ‐ Annual Asphalt Project 270‐85‐821 ‐ Transportation Fund‐Streets‐
Street Pavement Maintenance
7,472,764.00 0.00 32,940.00 In Progress 6/30/2025 Annual project
Public works 825 Street Tree
Maintenance
750.235 ‐ CWP Tree List 100‐86‐825 ‐ General Fund‐Trees and Right
of Way‐Street Tree Maintenance
60,000.00 0.00 0.00 In Progress 6/30/2025 Collaborating with CDD. Project
currently awaiting CDD's completion
of RFP. RFP just went out
10/21/2024
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FY 2024-25 First Quarter Special Projects Attachment G
Function Program Base And Detail Account
With Detail Description
Full Org Set Code And
Description
Amended
Budget
Actual Amount
(Expenses)
Encumbrances Status Estimated
Completion
Notes (e.g., carried over
to next fiscal year)
Public works 825 Street Tree Maintena 900.911 ‐ Trees and Badges 100‐86‐825 ‐ General Fund‐Trees and Right
of Way‐Street Tree Maintenance
20,000.00 0.00 0.00 In Progress On‐going Trees and Badges was a special
project in 2014 and completed in the
same year. The funding has
remainined in this account for tree
planting as trees are capital assets.
Moving forward, this item will be
removed from the special projects
table and will be moved to a
materials or fixed asset account as
appropriate in FY26.
Public works 827 Bldg Maint City Hall 750.025 ‐ Special Maintenance 100‐87‐827 ‐ General Fund‐Facilities and
Fleet‐Bldg Maint City Hall
2,000.00 0.00 0.00 Not Started 6/30/2025 Burglar Alarm Upgrades
Public works 828 Bldg Maint Library 750.025 ‐ Special Maintenance 100‐87‐828 ‐ General Fund‐Facilities and
Fleet‐Bldg Maint Library
45,000.00 0.00 2,200.00 In Progress 6/30/2025 Library HVAC
Public works 829 Bldg Maint Service
Center
750.025 ‐ Special Maintenance 100‐87‐829 ‐ General Fund‐Facilities and
Fleet‐Bldg Maint Service Center
2,000.00 0.00 0.00 Not Started 6/30/2025 Burglar Alarm Upgrades
Public works 829 Bldg Maint Service
Center
900.990 ‐ Special Projects ‐ PW 100‐87‐829 ‐ General Fund‐Facilities and
Fleet‐Bldg Maint Service Center
46,937.00 0.00 46,936.96 In Progress 6/30/2025 Funds encumbered with Beam
Global for EV ARC
Public works 830 Bldg Maint Quinlan
Center
750.025 ‐ Special Maintenance 100‐87‐830 ‐ General Fund‐Facilities and
Fleet‐Bldg Maint Quinlan Center
79,174.00 0.00 0.00 Not Started 6/30/2025 Security project
Public works 831 Bldg Maint Senior
Center
750.025 ‐ Special Maintenance 100‐87‐831 ‐ General Fund‐Facilities and
Fleet‐Bldg Maint Senior Center
123,675.00 0.00 0.00 Not Started 6/30/2025 Funds are allocated to replacing
kitchen HVAC unit.
Public works 832 Bldg Maint
McClellan Ranch
750.025 ‐ Special Maintenance 100‐87‐832 ‐ General Fund‐Facilities and
Fleet‐Bldg Maint McClellan Ranch
2,000.00 0.00 0.00 Not Started 6/30/2025 Burglar Alarm Upgrades
Public works 833 Bldg Maint Monta
Vista Ct
750.025 ‐ Special Maintenance 100‐87‐833 ‐ General Fund‐Facilities and
Fleet‐Bldg Maint Monta Vista Ct
2,000.00 0.00 0.00 Not Started 6/30/2025 Burglar Alarm Upgrades
Public works 836 Bldg Maint Sports
Center
750.025 ‐ Special Maintenance 570‐87‐836 ‐ Sports Center‐Facilities and
Fleet‐Bldg Maint Sports Center
45,705.00 0.00 0.00 In Progress 6/30/2025 HVAC repair (in progress), raquetball
court (done)
Public works 838 Comm Hall Bldg
Maint
750.025 ‐ Special Maintenance 100‐87‐838 ‐ General Fund‐Facilities and
Fleet‐Comm Hall Bldg Maint
2,000.00 0.00 0.00 Not Started 6/30/2025 Burglar Alarm Upgrades
Public works 844 Traffic Engineering 750.163 ‐ VMT to LOS Standards 100‐88‐844 ‐ General Fund‐Transportation‐
Traffic Engineering
30,637.00 7,156.13 23,421.10 In Progress 6/30/2025
Public works 844 Traffic Engineering 750.219 ‐ CWP Bicycle Facilities 100‐88‐844 ‐ General Fund‐Transportation‐
Traffic Engineering
50,000.00 0.00 0.00 In Progress 6/30/2025 Project stalled with Rotary and BPC.
No progress since last quarterly
report.
This has started although no money
has been spent. There have been
several meetings with the BPC. The
MOU has been executed. meetings
are ongoing between staff, Rotary,
and BPC subcommittee to finalize
bike rack installation locations. Once
locations are finalized, the division of
labor regarding installation will be
determined and the bike racks
purchased and installed.
Public works 844 Traffic Engineering 750.231 ‐ SC Corridor Vision Study 100‐88‐844 ‐ General Fund‐Transportation‐
Traffic Engineering
154,079.00 0.00 0.00 In Progress 6/30/2025 Partnered with City of San Jose
Public works 844 Traffic Engineering 750.242 ‐ AC2 Traffic Monitoring 100‐88‐844 ‐ General Fund‐Transportation‐
Traffic Engineering
42,975.00 0.00 42,975.00 In Progress 6/30/2025
Public works 844 Traffic Engineering 750.243 ‐ CWP Active Transportation
Plan
100‐88‐844 ‐ General Fund‐Transportation‐
Traffic Engineering
330,000.00 0.00 0.00 Not Started 6/30/2026 New this FY
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FY 2024-25 First Quarter Special Projects Attachment G
Function Program Base And Detail Account
With Detail Description
Full Org Set Code And
Description
Amended
Budget
Actual Amount
(Expenses)
Encumbrances Status Estimated
Completion
Notes (e.g., carried over
to next fiscal year)
Public works 848 Street Lighting 900.990 ‐ Special Projects ‐ PW 100‐85‐848 ‐ General Fund‐Streets‐Street
Lighting
175,000.00 0.00 171,306.81 In Progress 8/31/2025 The poles are on order and should
be delivered late November.
Installation will begin in April 2025
and be completed probably July‐
August 2025.
Public works 853 Storm Drain Fee 750.063 ‐ Rainwater Capture 230‐81‐853 ‐ Env Mgmt Cln Crk Strm Drain‐
Environmental Programs‐Storm Drain Fee
28,207.00 0.00 15,707.06 In Progress Ongoing annual
project
No completion date
Recreation services 601 Rec & Comm Svcs
Administration
750.241 ‐ Senior Svcs & Youth
Engagement
100‐60‐601 ‐ General Fund‐Administration‐
Rec & Comm Svcs Administration
0.00 (21.83)0.00 Completed June 2024 Defunded in Q1
Recreation services 601 Rec & Comm Svcs
Administration
750.098 ‐ CWP Senior Strategy 100‐60‐601 ‐ General Fund‐Administration‐
Rec & Comm Svcs Administration
41,378 32 ‐ Completed June 2024 Will be defunded in Mid‐year
Recreation services 601 Rec & Comm Svcs
Administration
750.164 ‐ CWP Dogs Off Leash Area 100‐60‐601 ‐ General Fund‐Administration‐
Rec & Comm Svcs Administration
5,000 338 ‐ Completed June 2024 Will be defunded in Mid‐year
Recreation services 601 Rec & Comm Svcs
Administration
750.226 ‐ CWP Intergenerational
Engagement
100‐60‐601 ‐ General Fund‐Administration‐
Rec & Comm Svcs Administration
‐ ‐ ‐ Completed June 2024 Will be defunded in Mid‐year
Recreation services 601 Rec & Comm Svcs
Administration
750.241 ‐ Senior Svcs & Youth
Engagement
100‐60‐601 ‐ General Fund‐Administration‐
Rec & Comm Svcs Administration
20,000 3,159 ‐ Completed June 2024 Will be defunded in Mid‐year
Recreation services 621 Sports Center
Operation
900.959 ‐ Windscreens 570‐63‐621 ‐ Sports Center‐Sports, Safety
and Outdoor Rec‐Sports Center Operation
72,162 72,162 ‐ Completed Sept 2023 Will be defunded in Mid‐year
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Department Name of Grant Description of Grant
Requested Grant
Amount
Date
Applied Date Due
Status (Grant
Awarded,
Pending Results,
Grant Denied)
Grant Amount
Awarded Date Awarded
Administration National Association of City and County Health
Officials (NACCHO) Respond, Innovate, Sustain,
and Equip (RISE) Awards
To provide resources to the MRC network to
support COVID‐19 response efforts
$25,000 3/4/2022 3/4/2022 Grant Awarded $25,000 8/11/2022
Administration Local Governments: Connecting Neighbors to
Neighbors
California Office of the Governor,
CalVolunteers program funding for the Block
Leader Program to hold events that expand
networks of neighbors within the community
$222,233 6/16/2023 6/16/2023 Grant Awarded $222,233 7/17/2023
Administration/Public Works Emergency Radio Replacement Project To purchase digital radio communication
devices (handheld radios, headset and ear
plugs, antennas, vehicle radio units) to replace
the analog system
$80,000 6/14/2024 6/14/2024 Grant Denied N/A N/A
Administration/ Information &
Technology
Cybersecurity Exercise Planning To hire a consultant to conduct Cybersecurity
Exercise Planning
$90,000 6/14/2024 6/14/2024 Grant Denied N/A N/A
Administration/ Information &
Technology
Intrusion Protection, Security, and Intelligence To improve the physical security and access
controls at City of Cupertino facilities.
Currently, not all key exterior doors at City
facilities are controlled by an access control
system
$180,000 6/14/2024 6/14/2024 Grant Denied N/A N/A
Information & Technology California Automated Permit Processing (CalAPP)
Program
Grant to enhance solar permitting applications $60,000 3/13/2023 7/1/2027 Grant Awarded $60,000 4/4/2023
Community Development
Department
2020 Local Early Action Planning (LEAP) Grants
Program
CA Dept of Housing & Community
Development (HCD) funding to accelerate
progress of Housing Element towards state
housing goals
$300,000 7/1/2020 7/1/2020 Grant Awarded $300,000 10/6/2020
Public Works TIRCP (Transit and Intercity Rail Program) 5‐year expansion of Via shuttle, including
partnership with City of Santa Clara
$8,465,000 3/3/2022 3/8/2022 Grant Awarded $8,465,000 7/11/2022
Information & Technology and
Community Development
Department
Dept. of Housing and Community Development Financial assistance for implementation of
softwares that accelerate and streamline
Housing Production
$310,000 3/20/2020 12/31/2022 Grant Awarded $310,000 3/24/2020
Public Works California Electric Vehicle Infrastructure Project Purchase and installation of EV charging
infrastructure at publicly‐owned sites ($4,500
per charging port)
$130,500 12/22/2020 12/22/2020 Funds Partially
Reserved
$130,500 N/A
Public Works HSIP (Highway Safety Improvement Program) Improving safety at signalized intersections $2,005,900 9/12/2022 9/12/2022 Grant Denied N/A N/A
Public Works HSIP (Highway Safety Improvement Program) Improving safety on roadway segments $3,561,800 9/12/2022 9/12/2022 Grant Awarded $3,205,620 3/15/2023
Public Works HSIP (Highway Safety Improvement Program) Improving safety on roadway segments $4,450,200 9/12/2022 9/12/2022 Grant Denied N/A N/A
Public Works OBAG (One Bay Area Grant) Cycle 3De Anza Blvd buffered bike lanes $500,000 7/27/2022 7/27/2022 Grant Denied N/A N/A
Public Works Safe Streets 4 All (SS4A)Bollinger Road road diet traffic analysis,
outreach and engineering design
$532,000 7/10/2023 7/10/2023 Grant Awarded $425,600 12/13/2023
Public Works Federal Community Project Funding Grant FY22 Funding for Jollyman All Inclusive Play Area $1,000,000 4/25/2022 6/10/2022 Grant Denied $1,000,000 N/A
Public Works Federal Community Project Funding Grant FY22 Funding for Cupertino Library Expansion
project
$1,000,000 3/25/2021 6/10/2022 Grant Awarded $1,000,000 2/15/2024
Public Works
State Specified Grant
Funding for Jollyman All Inclusive Play Area $1,000,000 3/17/2022 7/1/2022 Grant Awarded $1,000,000 N/A
Public Works PG&E Community Grant Funding for Jollyman All Inclusive Play Area $25,000 8/8/2022 9/1/2022 Grant Awarded $25,000 10/3/2022
Public Works McClellan Road Bridge Reconstruction State Funding Grant $7,500,000 3/17/2022 7/1/2022 Grant Awarded $5,000,000 N/A
Public Works Santa Clara County AIPG Funding for Jollyman All Inclusive Play Area $1,440,000 10/10/2018 10/12/2018 Grant Awarded $1,440,000 5/13/2019
Public Works McClellan Road Bridge Reconstruction Federal Funding Grant ‐ Ro Khanna $850,000 3/14/2023 3/17/2023 Pending Results
Competitive Citywide Grants Tracking - FY25 First Quarter Update
Attachment H
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Department Name of Grant Description of Grant
Requested Grant
Amount
Date
Applied Date Due
Status (Grant
Awarded,
Pending Results,
Grant Denied)
Grant Amount
Awarded Date Awarded
Competitive Citywide Grants Tracking - FY25 First Quarter Update
Public Works TDA3 Funding for Tamien Innu (I‐280 Trail)‐East $1,015,022 12/1/2021 12/1/2021 Grant Awarded $1,015,022 5/25/2022
Public Works 2016 Measure B Capital Projects Funding for Tamien Innu (I‐280 Trail)‐East $920,978 12/1/2021 12/1/2021 Grant Awarded $920,978 11/12/2021
Public Works Sustainable Transportation Planning Grant Bollinger Road road diet traffic analysis,
outreach and engineering design
$318,707 3/14/2023 3/14/2023 Grant Denied N/A N/A
Public Works 2016 Measure B Capital Projects Funding for Tamien Innu (I‐280 Trail)‐Central $460,000 7/1/2020 7/1/2020 Grant Awarded $460,000 7/14/2020
Public Works 2016 Measure B Capital Projects Funding for Tamien Innu (I‐280 Trail)‐Central $3,725,000 7/1/2020 7/1/2020 Grant Awarded $3,725,000 N/A
Public Works Office of Traffic Safety (OTS) Bicycle and Pedestrian Education $152,000 1/31/2024 1/31/2024 Grant Awarded $160,000 10/22/2024
Public Works 2016 Measure B Noise Abatement Program Funding for Tamien Innu (I‐280 Trail)‐Central $15,000 3/23/2023 3/31/2023 Grant Denied N/A N/A
Public Works State of California Proposition 68 Funding for Wilson Park Basketball Court $214,549 12/6/2021 N/A Grant Awarded $214,549 1/21/2022
Public Works BPMP (Bridge Preventative Maintenance Program) Funding for recommended preventative
maintenance on local roadway bridges
$1,144,472 9/30/2020 N/A Grant Awarded $1,144,472 4/12/2023
Public Works HBP (Highway Bridge Program)Repairs to bridge 37C0011, SCB over Stevens
Creek
$688,000 10/5/2018 N/A Grant Awarded $688,000 10/12/2018
Public Works BAAQMD ‐ TFCA 40% Fund (Transportation Fund
for Clean Air)
Funding for year three (FY25) of Silicon Valley
(SV) Hopper.
$500,000 3/14/2024 3/15/2024 Grant Awarded $500,000 N/A
Public Works EPA ‐ CPRG (Climate Pollution Reduction Grants
Program)
Funding for years three and four of SV Hopper $4,939,988 3/27/2024 4/1/2024 Pending Results N/A N/A
Public Works Community Decarbonization Engagement Grant Competitive grant for community engagement
around decarbonization topics from SVCE.
Grant Funds shall be disbursed to Recipient on
a reimbursement basis.
$100,000 4/1/2022 4/4/2022 Grant Awarded $111,500 2/2/2023
Parks and Recreation NRPA: Supporting Healthy Aging Through Parks
and Recreation 3.0
With the support of the Centers for Disease
Control and Prevention (CDC), NRPA is
offering instructor training grants for five
arthritis‐appropriate, evidence‐based
interventions (AAEBIs). Essentially, these are
physical activity classes that are proven to help
people with arthritis symptoms but can
actually benefit anyone
$0 10/20/2023 10/23/2023 Grant Awarded $0 ‐ Grant provides
instructor training and
material/equipment for
the class
11/28/2023
Public Works ‐ Environmental
Programs Division
EPA Recycling Education and Outreach Improve the effectiveness of residential and
community recycling and composting
programs through public education and
outreach. Increase collection rates and decrease
contamination across the nation
$1,400,000 2/15/2023 2/15/2023 Grant Denied N/A N/A
Public Works EPA ‐ CPRG (Climate Pollution Reduction Grants
Program)
Coalition member application with San Jose
and SVCE as leads. Grant seeks to establish
funding pool for muni building electrification
as part of Measure #2 in County PCAP.
$1,951,321 4/1/2024 4/1/2024 Grant Denied N/A N/A
Public Works EPA ‐ CPRG (Climate Pollution Reduction Grants
Program)
Coalition member with Sunnyvale as lead.
Grant seeks to establish regional reusable to‐go
foodware systems including niche for prepared
food recovery closed systems. (Sunnyvale, San
Jose, Mountain View, San Benito County,
Cupertino)
Cupertino will not
receive funds directly
but would be part of
a regional effort.
4/1/2024 4/1/2024 Grant Denied N/A N/A
Public Works and
Administration
CalOES Hazard Mitigation Grant Program Project
Subapplication
Cupertino Civic Center Plaza Microgrid study
and construction
$979,402 6/17/2021 6/17/2021 Grant Awarded N/A N/A
Attachment H
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Department Name of Grant Description of Grant
Requested Grant
Amount
Date
Applied Date Due
Status (Grant
Awarded,
Pending Results,
Grant Denied)
Grant Amount
Awarded Date Awarded
Competitive Citywide Grants Tracking - FY25 First Quarter Update
Public Works Extreme Heat and Community Resilience Program
(EHCRP)
Integrated Climate Adaptation and Resilience
Program and administered by the Governor’s
Office of Planning and Research (OPR)
$900,000 5/7/2024 10/1/2024 Pending Results N/A N/A
Public Works One Bay Area Grant (OBAG) Cycle 2Stevens Creek Blvd Protected Bike Lanes Phase
2
$807,000 7/28/2016 N/A Grant Awarded $807,000 1/24/2022
Public Works Charging and Fueling Infrastructure (CFI)
Discretionary Grant Program
San Jose and SVCE as leads on this federal
bipartisan infrastructure grant for installing EV
Chargers near MFDs. $15M ($7.5M for San Jose,
$7.5M for SVCE territory) There is a 20% match
requirement that SVCE will contribute for
projects in SVCE territory.
$532,000 9/11/2024 N/A Pending Results N/A N/A
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Department Name of Grant Description of Grant
Requested
Grant Amount
Date
Applied Date Due
Status (Grant
Awarded,
Pending Results,
Grant Denied) Grant Amount Awarded Date Awarded
Administration Emergency Management Performance Grant (EMPG) Performance Grant (EMPG) program is one of the grant programs that
constitute DHS/FEMA’s focus on all‐hazards emergency preparedness.
These grant programs are part of a comprehensive set of measures
authorized by Congress and implemented by DHS. Among the goals
noted in the DHS Strategic Plan, the EMPG program supports the goal to
Strengthen Preparedness and Resilience.
$8,000 N/A N/A Grant Awarded $8,000 N/A
Administration Emergency Management Performance Grant (EMPG) Performance Grant (EMPG) program is one of the grant programs that
constitute DHS/FEMA’s focus on all‐hazards emergency preparedness.
These grant programs are part of a comprehensive set of measures
authorized by Congress and implemented by DHS. Among the goals
noted in the DHS Strategic Plan, the EMPG program supports the goal to
Strengthen Preparedness and Resilience.
$11,000 N/A N/A Grant Awarded $11,000 N/A
Public Works Energy Efficiency Community Block Grant EECBG funds for use in developing energy efficiency services or
strategies, code enforcement, other uses
$139,518 N/A 4/28/2023 Grant Awarded $139,518 7/2/2024
Public Works Reach Codes/Building Codes Silicon Valley Clean Energy grant to support reach codes development $10,000 3/18/2022 4/30/2022 Grant Reserved $10,000 11/30/2022
Community
Development
Department
Homeless Services and Supports A matching grant of $50,000 for the City of Cupertino, which currently
funds several assistance programs for unhoused residents. These
programs include Haven to Home, a program run by West Valley
Community Services that offers bus passes, laundry quarters, hygiene
kits, foods assistance, and other forms of assistance, as well as a Rotating
Safe Car Park program that serves Saratoga and Cupertino and is
operated by Amigos de Guadalupe and West Valley Community
Services.
$50,000 5/10/2023 5/10/2023 Awarded $50,000 5/10/2023
Administration/
Community
Development
Department
Homeless Services and Supports A matching grant of $50,000 for the City of Cupertino, which currently
funds several assistance programs for unhoused residents. These
programs include Haven to Home, a program run by West Valley
Community Services that offers bus passes, laundry quarters, hygiene
kits, foods assistance, and other forms of assistance, as well as a Rotating
Safe Car Park program that serves Saratoga and Cupertino and is
operated by Amigos de Guadalupe and West Valley Community
Services. Use of the additional $50k will be determined.
$50,000 4/29/2024 4/29/2024 Grant Awarded $50,000 TBD
Community
Development
Department
Community Development Block Grant (CDBG) U.S. Dept of Housing & Urban Development (HUD) Federal Entitlement
Allocation ‐ FY 2021‐22
$412,800 8/26/2021 Annually: 6/30 Grant Awarded $412,800 2/25/2021
Community
Development
Department
Community Development Block Grant (CDBG) U.S. Dept of Housing & Urban Development (HUD) Federal Entitlement
Allocation ‐ FY 2022‐23
$388,459 10/5/2022 Annually: 6/30 Grant Awarded $388,459 9/26/2022
Community
Development
Department
Community Development Block Grant (CDBG) U.S. Dept of Housing & Urban Development (HUD) Federal Entitlement
Allocation ‐ FY 2023‐24
$358,910 N/A Annually: 6/30 Grant Awarded $358,910 7/21/2023
Community
Development
Department
Community Development Block Grant (CDBG) U.S. Dept of Housing & Urban Development (HUD) Federal Entitlement
Allocation ‐ FY 2024‐25
$173,313 N/A Annually: 6/30 Grant Awarded $173,313
Community
Development
Department
CDBG‐CV CARES Act Funding U.S. Dept of Housing & Urban Development (HUD) Emergency COVID
Allocation
$553,939 8/26/2021 6/30/2022 Grant Awarded $553,939 8/20/2021
Community
Development
Department
Regional Early Action Planning (REAP) Grants of 2021 CA Dept of Housing & Development (HCD) funding and technical
assistance for implementation of the Housing Element to streamline
housing approvals
$52,613 11/1/2022 11/1/2022 Grant Awarded $52,613 12/1/2022
Non-Competitive Citywide Grants Tracking - FY25 First Quarter Update
Attachment H
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Department Name of Grant Description of Grant
Requested
Grant Amount
Date
Applied Date Due
Status (Grant
Awarded,
Pending Results,
Grant Denied) Grant Amount Awarded Date Awarded
Non-Competitive Citywide Grants Tracking - FY25 First Quarter Update
Community
Development
Department
Santa Clara County Permanent Local Housing Allocation
(PLHA) Consortium
CA Dept of Housing & Community Development (HCD) $165,510 12/15/2021 12/30/2021 Grant Awarded to
County PLHA
Consortium
$165,510 N/A
Community
Development
Department
Santa Clara County Permanent Local Housing Allocation
(PLHA) Consortium
CA Dept of Housing & Community Development (HCD) $257,254 12/15/2021 12/30/2021 Grant Awarded to
County PLHA
Consortium
$257,254 N/A
Community
Development
Department
Santa Clara County Permanent Local Housing Allocation
(PLHA) Consortium
CA Dept of Housing & Community Development (HCD)$283,100 12/15/2021 12/30/2021 Grant Awarded to
County PLHA
Consortium
$283,100 N/A
Community
Development
Department
Santa Clara County Permanent Local Housing Allocation
(PLHA) Consortium
CA Dept of Housing & Community Development (HCD)$141,890 12/15/2021 12/30/2021 Grant Awarded to
County PLHA
Consortium
$141,890 N/A
Community
Development
Department
Santa Clara County Permanent Local Housing Allocation
(PLHA) Consortium
CA Dept of Housing & Community Development (HCD)$108,754 12/15/2021 12/30/2021 Grant Awarded to
County PLHA
Consortium
$108,754 N/A
Innovation and
Technology
California Automated Permit Processing (CalAPP) Program CalAPP is proving a one time grant for the enhancement of Solar permit
applications
$60,000 2/15/2023 5/31/2027 Grant Awarded $60,000 4/4/2023
Parks and Recreation Community Fourth of July Fireworks Events The County of Santa Clara allocates a total of $25,000 to sponsor up to
two fireworks events in each of the five supervisorial districts ($5,000 per
district). The County’s fireworks grant program, which was suspended
for three years during the COVID‐19 pandemic, returns for 2023.
$5,000 3/15/2023 3/31/2023 Awarded $3,750 5/2/2023
Public Works Bicycle/Pedestrian Education & Encouragement 2016 Measure B $33,090 9/8/2022 N/A Grant Awarded $33,090 9/29/2022
Public Works Sustainable Infrastructure/Energy Resiliency Grant To support energy resiliency capital improvements $255,798 6/29/2022 N/A Grant Awarded $255,798 6/29/2022
Public Works Community Resilience Program ‐ Capital Projects Grant with
SVCE
Grant to purchase two transportable EV Solar Charging infrastructure
and trailer units.
$223,665 11/8/2023 N/A Grant Awarded $223,665 Purchase
Complete
Public Works DOE Energy Efficiency and Conservation Block Grant Equipment rebate to cover a conversion of streetlights to LED fixtures $139,000 4/25/2024 4/30/2024 Pending Results Pending Pending
Public Works CalRecycle SB 1383 Local Assistance Grant Program ‐ 2022
cycle
Grant program meant to provide aid in the implementation of regulation
requirements associated with SB 1383.
$83,693 1/21/2022 2/1/2022 Grant Awarded $83,693 4/27/2022
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Department Name of Grant Description of Grant
Requested
Grant Amount
Date
Applied Date Due
Status (Grant
Awarded,
Pending Results,
Grant Denied) Grant Amount Awarded Date Awarded
Non-Competitive Citywide Grants Tracking - FY25 First Quarter Update
Public Works CalRecycle Beverage Container Recycling City/County
Payment Program
Provide opportunities for beverage container recycling. Allowable uses
include 2 staff attending annual CA Resource Recovery Association
conference, water refill stations, and recycling receptacles.
$14,812 Funds must be
expensed
between
5/03/2022 ‐
4/1/2024
Annually: dates
vary
Grant Awarded $14,812 5/28/2021
Public Works CalRecycle Beverage Container Recycling City/County
Payment Program
Provide opportunities for beverage container recycling. Allowable uses
include 2 staff attending annual CA Resource Recovery Association
conference, water refill stations, and recycling receptacles.
$15,158 Funds must be
expensed
between
4/13/2023‐
3/1/2025
Annually: dates
vary
Grant Awarded $15,158 4/13/2023
Public Works CalRecycle Beverage Container Recycling City/County
Payment Program
Provide opportunities for beverage container recycling. Allowable uses
include 2 staff attending annual CA Resource Recovery Association
conference, water refill stations, and recycling receptacles.
$15,137 12/15/2023 Annually: dates
vary
Pending Results $15,137 N/A
Public Works CalRecycle SB 1383 Local Assistance Grant Program ‐ 2023
cycle
Grant program meant to provide aid in the implementation of regulation
requirements associated with SB 1383.
$161,264 11/14/2023 11/15/2023 Grant Awarded This cycle will be
reimbursement‐based
instead of pre‐paid.
This cycle will
be
reimbursement‐
based instead of
pre‐paid.
Public Works TDA3 Funding for De Anza Blvd Buffered Bike Lanes $166,259 5/24/2023 5/26/2023 Grant Awarded $166,259 10/5/2023
Public Works TDA3 Active Transportation Plan $330,000 5/16/2024 5/16/2024 Grant Awarded $330,000 10/3/2024
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Attachment I
CIP PROJECT AND STAFFING UPDATE September 30, 2024
Q1 - FY2024 – 2025 (July - September 2024):
Status of Current CIP Projects
The categories below directly correlate to the categories in the five-year CIP Schedule. Furthermore, the
projects are color-coded to illustrate the type of project. These ‘types’ are somewhat intuitively, rather than
effectively ascribed to the projects, as many projects would fall into multiple categories.
Facilities related CIP Projects (orange) – 5 active projects, 4 queued, 1 completed
Parks and Recreation System related CIP Projects (green) - 4 active projects, 1 completed
Streets and Infrastructure-related CIP Projects (red) – 6 active projects, 1 completed
Traffic, Bike and Pedestrian related CIP Projects (blue) – 7 active projects, 1 queued, 1 completed
Total: 22 active projects, 5 queued, 4 completed.
COMPLETED PROJECTS
Project Title Description Notes
BCA Implementation:
sports center fire
control panel
Implement recommendations
identified as a priority in the
Comprehensive Facility Condition and
Use Assessment.
Sports Center Fire Panel Replacement
completed.
Regnart Road
Improvements
Phase 1 will construct a retaining wall
to stabilize the road slope to the creek
from Sta 28+40 to 29+80 (+/-140 LF).
Completed in July 2024.
McClellan Road
Separated Bike
Corridor, Phase 3
Improve pedestrian and bicycle safety
by reconfiguring the intersection and
vehicle movements. (Externally
Funded, in part)
Completed in June 2024.
Blackberry Farm Pool
Improvements
Make improvements to the pools and
facility related to safety, accessibility,
and maintenance.
Completed in October 2024.
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ACTIVE PROJECTS – SUSAN (CIP Manager) (1.0 FTE)
Project Title Description Phase, Schedule, and Status
PV Systems Design &
Installation
Design and Install photovoltaic systems at 5
City facilities.
• Phase: Design, RFQ
• Completion: April 2026
ADA Improvements This is an ongoing program funded annually
to improve accessibility at all public facilities
throughout the City. (Multi-year funding)
• Phase: Ongoing
• Completion: N.A.
Undertaking improvements at Jollyman Park
BCA Implementation:
Sports Center shower
rooms renovation
Renovate Shower/Locker room facilities at
the Sports Center to address water damage
issues causing safety concerns.
• Phase: Design
• Completion: Summer 2025
Permit and construction documentation
underway for renovations to the Locker/
Shower rooms.
All Inclusive Play Area
& Adult-Assistive
Bathroom Facility
(Jollyman Park)
At Jollyman Park, Design and construct an
all-inclusive playground and an adult-
assistive bathroom facility adjacent to the
new AIPG. (Externally Funded, in part)
• Phase: Construction
• Completion: June 2025
Construction is underway.
Lawrence-Mitty Park
and Trail Plan
Design and construct a new neighborhood
park. Located on 7.8 acres adjacent to
Saratoga Creek, near intersection of
Lawrence Expressway and Mitty Way
• Phase: Design
• Completion: Spring 2027
CEQA report (IS/MND) approved/ adopted
by Council. Design phase initiated.
Park Amenity
Improvements
Funding for various park amenities such as
benches, hydration stations, outdoor table
tennis, cornhole, shade structures, pickleball
striping, etc. (Multi-year funding).
• Phase: Design, Procurement
• Completion: Ongoing
Linda Vista DOLA hedge barrier
implementation scheduled for Spring 2025.
Jollyman Park will receive new bike racks,
trash receptables, and picnic tables. Picnic
tables for Creekside Park will be installed in
Spring 2025.
ACTIVE PROJECTS – TBD (Project Manager), projects currently reassigned to Senior Civil Engineer (below) (1.0
FTE)
Project Title Description Phase, Schedule, and Status
City Bridge
Maintenance Repairs
(BPMP)
Repair 4 bridges as recommended in the
Caltrans Bridge Report along with additional
improvements to prolong the useful life of
the bridges. The work is partially funded
(80%) through the Bridge Preventative
Maintenance Program, a federally funded
program.
• Phase: Construction
• Completion: Spring 2025
Repairs are complete at SCB at Calabazas
Creek (CC), Tantau at CC, Miller at CC. Creek-
adjacent work at Homestead over Stevens
Creek (SC) will be completed in the Spring,
after rainy season.
Vai Avenue Outfall Repair of an outfall at Vai Avenue. • Phase: Construction
• Completion: October 2024
De Anza Boulevard
Buffered Bike Lanes
Restripe De Anza Blvd to include a painted
buffered zone between the existing bike
lane and the vehicle lanes.
• Phase: Construction
• Completion: December 2024
Restriping will begin in November.
Annual Playground
Replacement
Replacement of older playground
equipment that is dated and worn. (Multi-
year funding)
RFPs for Little Rancho and Canyon Oaks
playgrounds scheduled for Winter 2024/25.
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ACTIVE PROJECTS – JASON (Senior Civil Engineer) (1.0 FTE)
Project Title Description Phase, Schedule, and Status
Stevens Creek Blvd
CL IV Bikeway Phase
2A
Design and Construction of the separated
bikeway along Stevens Creek Blvd from
Wolfe Road to DeAnza Blvd. (Externally
Funded, in part)
• Phase: Bid
• Completion: Spring 2025
Phase 2A Construction will be posted for
public bid process in October. Phase 2B
Stevens Creek Blvd
CL IV Bikeway Phase
2B and Bandley
Intersection
Design and Construction of the separated
bikeway along Stevens Creek Blvd from De
Anza Blvd to US-85. This includes signal
upgrades at Bandley Drive. (Externally
Funded, in part)
• Phase: Design
• Completion: 2025-26
Design is underway; 95% complete. Grant
funding being sourced.
Tamien Innu - East
and Central
Segments
Design and construct an off-street bicycle
and pedestrian facility parallel to the I-280
HWY, from De Anza Blvd. Wolfe Road
(Central), from Wolfe Rd. to Vallco Parkway
(East) (Externally Funded)
• Phase: Design
• Completion: 2025-26
East segment will continue into Final
Documentation once Valley Water
approves the design. Design phase for
Central segment is paused while the east
segment design is finalized. The CEQA
process is complete.
McClellan Road
Bridge Replacement
Removal and replacement of the bridge on
McClellan Road near the entrance to
McClellan Ranch Preserve. (Externally
Funded)
• Phase: RFQ/RFP for Project team
• Completion: TBD
Stevens Creek Bridge
Repair
Stevens Creek Blvd Bridge over Stevens
Creek. Prepare feasibility study and PS&E to
determine and implement appropriate scour
countermeasures. (Externally Funded, in
part)
• Phase: Design
• Completion: 2025
Engineering/design is underway.
ACTIVE PROJECTS – JO ANNE (Project Manager, works in 2 PW Divisions) (0.25 FTE)
Project Title Description Phase, Schedule, and Status
City Lighting LED
improvements
Implement the transition of City's streetlight
infrastructure from induction and other
fixtures to LED fixtures to meet the "Dark
Sky" Ordinance requirements and reduce
light pollution and energy cost
• Phase: Bid
• Completion: Procurement is TBD; 12-18
months installation
Public bid process is underway. Award of
Contract tentatively scheduled for
December.
Street Light
Installation - Annual
Infill
Infill of streetlights as requested by
residents. (Multi-year funding)
• Phase: Ongoing
• Completion: N.A.
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ACTIVE PROJECTS – JIMMY (Assistant Director of Public Works) (0.0 FTE)
Project Title Description Phase, Schedule, and Status
EVCS expansion -
Service Center
Design and Construction of infrastructure
for EVCS for the City’s Fleet vehicles.
• Phase: Design
• Completion: 2026
Working with PG&E and SVCE to confirm
scope of work.
BCA Implementation:
Senior Center fire
alarm system
New Fire Alarm system for the Senior
Center, and baseline specifications for other
facilities. (Externally Funded, in part)
• Phase: Design
• Completion: May 2025
Project team is working on bid
documentation.
ASSOCIATE ENGINEER –TRANSPORTATION (works in 2 PW Divisions, hiring process underway) (0.5 FTE)
Project Title Description Phase, Schedule, and Status
Bollinger Road
Corridor Study
Traffic analysis, topographic and utilities
survey, and preliminary engineering of
Bollinger Road. (Externally Funded, in part)
• Phase: Analysis
• Completion: 2027
Roadway Safety
Improvements - HSIP
High Friction pavement treatment and
speed feedback signage added to seventeen
locations. (Externally Funded, in part)
• Phase: RFP and Design
• Completion: Winter 2025
School Walk Audit
Implementation
Construct infrastructure-related
improvements around schools that were
identified as part of the comprehensive
School Walk Audit study. (Externally Funded,
in part)
• Phase: Ongoing
• Completion: N.A.
More projects expected to become active in
Spring 2025.
QUEUED PROJECTS
Project Title Description Notes
Tamien Innu - West
Segment
Design and construct an off-street bicycle
and pedestrian facility parallel to the I-280
HWY, from the Don Burnett Bicycle –
Pedestrian Bridge to De Anza Blvd.
This segment is on hold until the other
segments are designed
City Hall Annex Program, plan and build facility
improvements required for interim facility
to accommodate staff while City Hall is
remodeled, as well as the long-term use of
this facility.
Design documentation is 60% complete.
Awaiting direction on City Hall project
before further action on this project.
City Hall
Improvements
Programming, Feasibility and Community
Outreach to form the basis of a renovation
strategy for the buildings.
Understanding of the overall City financial
issues and scope delineation must advance
before this project can progress.
Library Expansion
Project (landscaping
& donor wall)
Develop a design and construct a 5600 SF
addition to the existing Library building.
(Externally Funded, in part)
Grant funding ($1M) is received for
Courtyard and Landscaping scope. Staffing
required to move the project ahead. Donor
Wall repair is complete.
SV Hopper EV Parking Provide electric vehicle charging stations
(EVCS) for SV Hopper (formerly VIA) fleet.
Engineering analysis complete. Cost
estimate and scoping to be finalized.
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Upcoming projects (Unfunded):
Project FY Notes
BCA Implementation: future
projects
Ongoing Ongoing project[s] will continue to require staffing. The Building
Condition Assessment Report documented the need for ~$20M worth
of projects, in 2018.
Outfall Repairs FY25-26 FY25-26 proposal; Recent report shows 52 outfalls in critical need of
repair.
Park Shade Structures: 5
locations included in the 5yr
CIP
FY25-26 FY25-26, as noted in the 5yr CIP program.
BBF Golf Course Irrigation &
Pond repairs: included in the
5yr CIP
FY25-26 FY25-26, as noted in the 5yr CIP program.
Memorial Park projects: All-
Inclusive Playground
FY25-26 Grant funding may be available, making a FY25-26 proposal likely.
ATP update: projects FY26-27 FY26-27 proposal. The Active Transportation Plan update will refocus
prioritization of ATP projects.
Memorial Park projects:
Softball Field Lighting
FY26-27 The current system has exceeded its useful lifecycle.
Don Burnett Bridge
Architectural Lighting to LED
FY26-27 Pathway lights have been upgraded to LED, but the architectural
lighting remains to be changed over.
Regnart Road Improvements,
Phase 2
FY26-27 The 2017 study identified 4 additional sites of Regnart Road in need of
improvements to mitigate hillside degradation.
Bollinger Road Corridor
Construction; included in the
5yr CIP
FY28-29 FY28-29, as noted in the 5yr CIP program.
Electrification of all buildings FY28-29 The CAP calls for residents to electrify their properties. The City can
lead the way by electrifying the City Facilities.
Little Rancho picnic area TBD PW/P&R had a recent request from residents, and this is indicative of
future demands for unplanned projects
Pumpkin Fiesta Storm Drain
Improvements, Phase 2
FY29-30 The Storm Drain Master Plan identifies the need to upgrade additional
sections of this storm drain.
City Hall project TBD Design and Construction, following programmatic development, FY-
TBD.
Memorial Park projects
derived from MPSP
TBD Numerous projects are possible
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CITY OF CUPERTINO
Agenda Item
24-13390 Agenda Date: 12/3/2024
Agenda #: 12.
Subject:Capital Improvement Program Photovoltaic Systems Design and Installation Project.
Approve the Capital Improvement Programs Photovoltaic Systems Design and Installation Project conceptual
design for three City of Cupertino facilities: Community Hall, Cupertino Sports Center, and Quinlan
Community Center.
Presenter: Susan Michael, Capital Improvement Programs Manager
CITY OF CUPERTINO Printed on 11/26/2024Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: December 3, 2024
Subject
Capital Improvement Program Photovoltaic Systems Design and Installation Project.
Recommended Action
Approve the Capital Improvement Programs Photovoltaic Systems Design and
Installation Project conceptual design for three City of Cupertino facilities: Community
Hall, Cupertino Sports Center, and Quinlan Community Center.
Executive Summary
The Capital Improvement Program (CIP) Photovoltaic Systems Design and Installation
(PV) Project was approved by the City Council as part of the Fiscal Year (FY) 24-25
annual budget. This report provides scope and fiscal information on each proposed site
for the PV Project
Reasons for Recommendation
The PV project was approved as part of the FY 2024-25 Budget. The project description
included in the budget adoption and meeting details is provided in Attachment A of this
report. Approval of the conceptual design for the three City locations will result in better
utility rates for producing on-site clean energy.
Background
The Net Energy Metering (NEM) program is administered by the California Public
Utilities Commission (CPUC) and provides credits to a building’s utility bill for
producing an excess of on-site clean energy. Accounts with NEM ratings are guaranteed
these credits over a 20-year period. In 2023 Pacific Gas & Electric (PG&E) announced a
rate decrease for electricity generated by PV systems (NEM 3) but provided a window to
allow grandfathering the more economically attractive NEM 2.0 rates if interconnection
applications were successfully submitted and corresponding systems operational by
2026.
The NEM 2.0 Interconnection Applications were successfully submitted to PG&E for five
Cupertino facilities: Blackberry Farm Recreation and Pool facility, Community Hall,
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Cupertino Library, Quinlan Community Center, and Cupertino Sports Center. This
Project aims to design and build PV systems at three of the five locations.
The NEM 2.0 projects must be complete by April 15, 2026, to receive the incentive,
otherwise the NEM 3.0 program, which offers reduced incentives/savings, would need
to be pursued. The NEM 2.0 rates provide 75 - 80% greater compensation than NEM 3
rates for electricity that is fed back into the electrical system. The savings in utility costs
for the three proposed sites are projected to be $276,000 annually, and $13 million over a
30-year lifespan. For more details, please see Attachment B.
Analysis of the Three City Facilities Identified as Proposed “Sites”
A “Programming, Cost and Funding Report” was developed to serve as the “bridging
documents” for the Design-Build project. It includes technical and cost analysis data for
each site. The following narratives from that report depict the proposed layouts and
projected cost savings for each site.
Quinlan Community Center
Several options were considered for this site. Preserving significant trees and working
within the aesthetics of the park were high priorities. The proposed layout provides
shaded parking and a significantly shaded picnic area. It also utilizes existing roof areas,
mitigating overall costs of the system. The northern carport will require some tree
trimming (overall tree health will not be compromised) to maximize and maintain solar
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access. The project may require shaded parking stalls be provided for some existing
ADA spaces. The design of the PV System at the picnic area will respond architecturally
to the layout of the picnic area (rather than have there be one large shed roof, as shown
in the illustration).
The electrical expenditures at Quinlan would be reduced from approximately $121,000
annually, to generating a revenue of almost $33,000 annually. The lifecycle savings are
projected to be $7.3 million. The City’s costs for design and construction of $2.5 million
could be recovered in approximately nine years.
The pros and cons to the implementation of this site’s PV project are listed below.
Pro:
The annual and lifecycle savings for this site are significant in relation to the
electrical bill; this site is a large contributor to the overall project’s savings as
well.
The $2.5 million cost for this site is significant, but it has one of the shortest
payback periods.
Using the roof areas for the installation does not require an additional structure,
thus reducing initial costs.
Installing the arrays over the parking areas and the picnic area will provide
shade to users. This is a stated goal/objective in the Parks and Recreation System
Master Plan.
The net savings with implementation of this project under the NEM 2.0
interconnection application are estimated to be $7.3 million over the 30-year
lifecycle. However, under the NEM 3 rates, the lifecycle savings are projected to
be $5.3 million. Thus, NEM 2.0 rates have an approximate 28% advantage over
NEM 3.
Con:
The installation will be spread out to two parking areas, rooftops, and the
Memorial Park picnic area. The electrical connections via trenching/boring
conduits to multiple locations are less efficient than a single location.
Quinlan Center Meter #0116367009 - 116367840
Last 12 months kWh usage 383,109 Construction Cost - PV only $2,343,000
Last 12 months cost of electrical $121,336 Construction Cost - EV only $150,000
Cost per kWh (ave.) $0.32
Construction Cost - Total
(PV+EV) $2,493,000
PV systems kWH generation 453,795
Direct Payback (IRA) funding
(40%, PV only) $867,200
PV systems annual savings* $154,217 City Funding $1,625,800
PV systems annual electrical
bill** -$32,881
Payback period (years,
discounted cash flow) 9.21
PV systems lifecycle savings*** $7,272,774 ROI (LC costs/payback period) 447%
Staff recommends proceeding with the PV project at this site.
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Cupertino Sports Center
This property allows for the PV system to be well-aligned to west and south-facing solar
access. The arrays are situated to ensure they do not interfere with vehicular traffic, and
to minimize impacts to the tree in the corner between the two arrays. This tree would
need to be slightly trimmed to ensure maximum solar access. The small trees under the
northern arrays would need to be removed.
The electrical bill at the Sports Center would be reduced from approximately $108,000
annually to approximately $15,000 annually, with projected lifecycle savings of $4.4
million. The City’s costs for design and construction of $2 million could be recovered in
approximately 11 years.
The pros and cons to the implementation of this site’s PV project are listed below.
Pro:
The annual and lifecycle savings for this site’s PV project are significant in
relation to the electrical bill at this site and are a healthy contributor to the overall
savings.
Installing the arrays over the parking area and court viewing area would provide
shade for the facilities users.
Installation in the parking area effectively extends the electrical service to the
parking area and facilitates the extension of the electrical service to the back
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parking lot where electric vehicle charging stations are tentatively planned for
installation to serve both sports center users and the Silicon Valley Hopper fleet.
The net savings of implementing this project under the NEM 2.0 interconnection
application is estimated to be $4.4 million over the 30-year lifecycle. However,
under the NEM 3 rates, the lifecycle savings are projected to be $3.2 million.
Thus, the NEM 2.0 advantage is approximately 29% over NEM 3.
Con:
The parking area arrays require structural support and a trenched/bored
connection to the site’s MPOE, which is an added cost.
Sports Center Meter #0116367009 - 116971849
Last 12 months kWh usage 329,369 Construction Cost - PV only $1,815,000
Last 12 months cost of electrical $108,143 Construction Cost - EV only $150,000
Cost per kWh (ave.) $0.33 Construction Cost - Total (PV+EV) $1,965,000
PV systems kWH generation 322,104
Direct Payback (IRA) funding (40%,
PV only) $726,000
PV systems annual savings* $93,047 City Funding $1,239,000
PV systems annual electrical
bill** $15,096
Payback period (years, discounted
cash flow) 11.11
PV systems lifecycle savings*** $4,434,018 ROI (LC costs/payback period) 358%
Staff recommends proceeding with the PV project at this site.
Community Hall
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The installation at Community Hall is ideally situated with rooftop racking. As a result,
roof penetrations will not be required as the system will clamp to the existing standing
seam roof profile.
The electrical bill at Community Hall would be reduced from approximately $40,000 to
about $10,000 annually, with projected lifecycle savings of $1.3 million. The City’s costs
for design and construction of $377,000 could be recovered in approximately seven
years.
The pros and cons of implementing the PV project at this site are listed below.
Con:
The annual and lifecycle savings for this site are not significant in relation to the
electrical bill. This site is a relatively small contributor to the overall savings.
Pro:
Installing the arrays on the standing seam roof is the easiest construction
scenario of the five sites and has the least amount of added cost implications.
The net savings of implementing this project under the NEM 2.0 interconnection
application is estimated to be $1.3 million over the 30-year lifecycle. However,
under the NEM 3 rates, the lifecycle savings are projected to be close to $1
million. Thus, the NEM 2.0 advantage is approximately 27% over NEM 3.
Community Hall Meter #0116367009 - 116367449
Last 12 months kWh usage 114,600 Construction Cost - PV only $377,000
Last 12 months cost of electrical $39,810 Construction Cost - EV only $0
Cost per kWh (ave.) $0.35 Construction Cost - Total (PV+EV) $377,000
PV systems kWH generation 66,784
Direct Payback (IRA) funding (40%,
PV only) $150,800
PV systems annual savings* $29,441 City Funding $226,200
PV systems annual electrical bill** $10,369
Payback period (years, discounted
cash flow) 7.15
PV systems lifecycle savings*** $1,315,345 ROI (LC costs/payback period) 581%
Staff recommends proceeding with the PV project at this site.
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Cupertino Library
Several options were considered for this site. The Library roof locations have an
advantageous size, but only one of the large roofs is well-oriented to the west or south.
Standing seam rooftops (supporting the two largest rooftop arrays) are ideal for
supporting solar facilities, as racking can be clamped to the standing seams as opposed
to penetrating the roof surface. Long trenching/boring routes will be required to
consolidate generation at the point of interconnection. While the proposed carport
locations did consider trees, some smaller trees along the easterly edge of the Civic
Center property will need to be removed or significantly trimmed to support the
installation.
The electrical bill at the Library would be reduced from approximately $325,000
annually to about $133,000, with projected lifecycle savings of about $10.8 million. The
costs for design and construction of $4.1 million could be recovered in approximately
11.3 years.
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The notable complication for the Library site is that the tenant, the Santa Clara County
Library District (SCCLD), is responsible for paying the electrical bill. The fiscal benefit of
the cost savings from the PV installation would go to the SCCLD for the next twenty
years unless the current lease agreement could be amended. The payback period for the
project would be extended accordingly.
The pros and cons for implementation of this site’s PV project are listed below.
Pro:
The annual and lifecycle savings for this site’s PV project are significant, at
$189,000 annually and $10.8 million lifecycle savings.
Con:
The $4 million cost for this site’s project brings the overall project budget well
over the approved funding amount of $6.3 million.
The net savings of implementing this project under the NEM 2.0 interconnection
application is estimated to be $10.8 million over a 30-year lifecycle. However,
under the NEM 3 rates, the lifecycle savings are projected to be $10.2 million.
Thus, the NEM 2.0 advantage is approximately 6% over NEM 3, and is the lowest
of the five sites. This lower offset in rates is due to the library facility utilizing
most of the energy being generated by the PV system, thus there would be less
excess energy being created and fed into the electrical grid.
Meeting the April 2026 deadline for completion is a critical driver for the project.
This site has some of the largest arrays and the electrical components needed for
these larger arrays have been experiencing extremely long lead times for material
procurement/shipping. These lead times have the potential to jeopardize the
completion date of the project at this site. Additionally, the size of the project will
require the greatest amount of staffing, for both design and construction.
Eliminating it from the current project would enable resources to be focused on
other more viable sites.
The SCCLD’s priority for improvements would be to focus on the resiliency of
the facility. The PV project under the NEM 2.0 interconnection application is
limited to installation of the PV systems design and installation. The SCCLD
would prefer to invest in a project that includes features to strengthen the
resiliency of the facility, such as battery backup and microgrid connectivity.
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Library Meter #1932850108
Last 12 months kWh usage 1,048,978 Construction Cost - PV only $3,803,000
Last 12 months cost of electrical $322,517 Construction Cost - EV only $300,000
Cost per kWh (ave.) $0.31
Construction Cost - Total
(PV+EV) $4,103,000
PV systems kWH generation 621,477
Direct Payback (IRA) funding
(40%, PV only) $1,521,200
PV systems annual savings* $189,074 City Funding $2,581,800
PV systems annual electrical bill** $133,443
Payback period (years,
discounted cash flow) 11.33
PV systems lifecycle savings*** $10,847,040 ROI (LC costs/payback period) 420%
Staff recommends postponing the implementation of the PV project at this site to
allow for further development of the program and to help ensure impacts to the
public and other amenities is minimized. The SCCLD also supports postponing the
project at this site. Refer to Attachment D.
Blackberry Farm Recreation and Pool facility
Several options were considered for this site. The building roof locations are too small
for a simple installation, and the solar orientation is not ideal. The proposed layout is a
single continuous system that requires fewer trenching/boring paths to the electrical
point of interconnection. The installation is far enough from the trees that solar access is
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not impeded, and tree trimming will not be needed. Additionally, the existing netting
system will provide reasonable protection for the array from golf balls. The proposed
carport installation will provide shade for the parking stalls below it, requiring
proportional shade coverage be provided at Americas with Disabilities Act (ADA)
parking stalls. The State of California and City of Cupertino Green Energy Code for
Electric Vehicle (EV) parking requirements will also require additional improvements be
made, resulting in a significant amount of additional cost to the project.
The electrical bill at Blackberry Farm would be reduced from approximately $33,000
annually, to generating a revenue of almost $6,000 annually. The lifecycle savings are
projected to be $1.5 million. The City’s costs for design and construction of $1 million
could be recovered in approximately 14 years.
The pros and cons to the implementation of this site’s PV project are listed below:
Pro:
The net savings of implementing this project under the NEM 2.0 interconnection
application are estimated to be $1.5 million over the 30-year lifecycle. However,
under the NEM 3 rates, the lifecycle savings are projected to be $910,000. Thus,
the NEM 2.0 advantage is approximately 42% over NEM 3, which is the highest
variance of the five sites. In short, if installation of a PV system at this site is a
priority, it would be beneficial to prioritize the project now with the current
potential of the NEM 2.0 rates.
No trees would be negatively impacted by the project.
Con:
The annual and lifecycle savings for this site are significant in relation to the
electrical bill at this site, but the site is not a large contributor to the overall City
savings.
The $1 million cost for this site’s project is not the largest cost of the five sites, but
it is the largest cost in proportion to the savings and therefore has the longest
payback period.
The location of the proposed carport is a relatively long distance from the main
point of electric service (MPOE) for purposes of trenching/boring conduits,
which raises the cost and furthers impacts during construction for this site.
Residents expressed concern that adding EV charging stations could increase
non-recreational traffic to the site.
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Blackberry Farm Meter #114315284
Last 12 months kWh usage 110,428 Construction Cost - PV only $956,000
Last 12 months cost of electrical $32,539 Construction Cost - EV only $100,000
Cost per kWh (ave.) $0.29 Construction Cost - Total (PV+EV) $1,056,000
PV systems kWH generation 110,948
Direct Payback (IRA) funding (40%,
PV only) $382,400
PV systems annual savings* $38,253 City Funding $673,600
PV systems annual electrical bill** -$5,714
Payback period (years, discounted
cash flow) 14.08
PV systems lifecycle savings*** $1,563,642 ROI (LC costs/payback period) 232%
Staff recommends removing the PV project at this site due to the long payback
period, residents’ concerns regarding increased traffic, and recommendation from the
Parks and Recreation Commission.
Sustainability Commission
This item was presented at the October 17, Sustainability Commission meeting. The
minutes are not yet published, but the commission voted unanimously to recommend
approval of the PV project, having the City Council consider these options.
a. Approve the PV Project’s Conceptual Design for five City of Cupertino facilities:
Quinlan Community Center, Community Hall, Cupertino Sports Center,
Blackberry Farm, and Cupertino Library.
b. If the above recommendation is not fully approved by the City Council due to
budget constraints, then the Sustainability Commission recommends the
installation of the PV project at these facilities in order of preference: Quinlan
Community Center, Cupertino Sports Center, Community Hall, Cupertino
Library, and Blackberry Farm.
The Sustainability Commission also requested that the City pursue a funding
agreement with Santa Clara County Library District for that facility’s portion of the
project.
Community Engagement Meeting
A public community meeting was held on October 29 at Quinlan Community Center.
Minutes are not available for that meeting. Attendance was limited and the discussion
was informal. Staff presented each of the concepts and responded to questions.
Parks and Recreation Commission
This item was presented to the Parks and Recreation Commission on November 7. The
minutes are not yet published, but the commission voted unanimously to recommend
approval of three of the five sites to the City Council. Below was the action taken.
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Commissioner Bono motioned to recommend that City Council approve the
Capital Improvement Program Photovoltaic Systems Design and Installation
project's conceptual design for three City facilities: Community Hall, Cupertino
Sports Center, and Quinlan Community Center. Commissioner Stanek seconded.
Chair Shearin made a friendly amendment to include the Library if there was an
agreement with the Santa Clara County Library District and they would pay a
substantive amount. Commissioner Bono and Commissioner Stanek accepted the
friendly amendment.
The motion as amended with the friendly amendment carried unanimously.
Next Steps
Following this meeting, the next steps include:
1. With direction from the Council on the sites to include in the project, contractual
negotiations with the successful Design-Build Entity will be finalized. A Request
for Proposals is currently in process and will be completed in mid-December.
This was preceded by a Request for Qualifications to create a list of pre-qualified
applicants.
2. A design build contract to select the project Design-Build Entity is tentatively
scheduled to return to the City Council for approval at a meeting in January
2025.
If this project does not move forward, existing electrical utility costs will not be reduced.
The unexpended funding for the project will move to the Capital Reserve. Additionally,
not approving the recommendation in this report could result in a large loss of savings
for the City. If there is no Council direction provided by December 3, then the City will
no longer be eligible for the NEM 3.0 application, therefore no application will be
submitted, and no overall savings on the electricity bill will benefit the City.
Sustainability Impact
Adding solar generation reduces demand on the electrical grid and provides a
foundation to support future electrification of these facilities. Electrification of existing
buildings is a goal under Measure BE-3 in the City’s Climate Action Plan 2.0.
Fiscal Impact
The PV Systems Design and Installation (budget unit 420-99-274) was approved as part
of the FY 2024-25 Budget at $6,300,000. There are no recommended changes to the
budget.
The project is estimated to reduce expenditures by approximately $276,000 annually,
and approximately $13,000,000 over the 30-year life cycle.
City Work Program (CWP) Item: No
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CWP Item Description: N/A
Council Goal: N/A
California Environmental Quality Act (CEQA)
The project is categorically exempt from CEQA, CEQA Guidelines section 15301(existing
facilities) and section 15303 (construction of small structures), and/or statutorily exempt
under Public Resources Code section 21080.35.
_____________________________________
Prepared by: Susan Michael, Capital Improvement Programs Manager
Reviewed by: Chad Mosley, Director of Public Works
Reviewed by: Tina Kapoor, Interim Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – FY 24-25 CIP Project Narratives Excerpt
B – Preliminary Cost Estimates
C – Programming Cost Funding Report
D – SCCLD Letter of Support for Postponement
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Photovoltaic Systems Design & Installation
Proposed Funding $ 6,300,000
City Funding $ 6,300,000
External Funding $ 0
Funding Source, Approved Plan CR, CAP
Project Category Facilities
Project Type Design and Construction
Location Various
Dept. Priority High
Origin of Request Public Works
Project Description
Project Justification
Prioritization
Projected Schedule
Funding Information
Operating Budget Impacts
In 2023 PG&E announced a rate decrease for electricity generated by photovoltaic (PV) systems (NEM 3), but provided
a window to allow grandfathering the more economically-attractive NEM 2.0 rates if interconnection applications
were successfully submitted and corresponding systems operational by 2026. NEM 2.0 Interconnection Applications
were successfully submitted to PG&E for five Cupertino facilities: Blackberry Farm, Civic Center, Library, Quinlan
Community Center & Senior Center, and Sports Center. This project aims to design and build PV systems at all five
locations. This project proposes design/build of these systems, pending design development reviews for each facility.
The City must connect the proposed photovoltaic systems to the grid by 4/15/2026 in order to take advantage of the
NEM 2.0 applications, which provides 75 – 80% greater compensation than NEM 3 rates for electricity that is fed back
into the electrical system. The savings in utility costs are projected to be $500,000 annually, and $17.8M over a 30yr
lifespan.
Conceptual Design development and cost analysis: Summer 2024
Design-Build: Winter 2024 to April 2026
Installation of the PV systems is projected to save $500,000 annually in utility costs. Additional staffing will not be
required for ongoing operations and maintenance.
Installation of the PV systems is projected to save $500,000 annually. The use of cleaner energy sources is a CAP goal.
CA Government code allows for streamlined sourcing of Energy Service Companies (ESCO) for design/build
implementation to facilitate these types of projects. It is projected that this project will qualify for $1.9M in Inflation
Reduction Act credits.
The proposed budget will enable design and construction of the systems. Inflation Reduction Act credits projected for
this project are approximately $1.9M. Staff will also pursue other grant funding opportunities.
CIP FY24-25 • 5-YEAR PLAN ATTACHMENT A
ATTACHMENT CATTACHMENT A
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A B C D E F G H I J K L M
Facility kWh kWh Cost cost per
kWh
(ave.)
PV systems
kWH
generation
PV systems
annual
savings*
PV systems
annual
electrical
bill**
PV systems
lifecycle
savings***
Constrn
Cost: PV
only
Constrn
Cost: EVCS
only
Constrn. Cost
(PV + EV)
IRA funding
(40% of PV
only)
City Funding Payback
Period
(years)
****
formula A/B B - E H + I H * 40% J - K
Three sites, WITHOUT BBF and Library
Quinlan Community Center
(0116367009-116367840) 383,109 $121,336 $0.32 453,795 $154,217 -$32,881 $7,272,774 $2,343,000 $150,000 $2,493,000 $867,200 $1,625,800 9.21
Sports Center (0116367009-
116971849)329,369 $108,143 $0.33 322,104 $93,047 $15,096 $4,434,018 $1,815,000 $150,000 $1,965,000 $726,000 $1,239,000 11.11
Community Hall (0116367009-
116367449)114,600 $39,810 $0.35 66,784 $29,441 $10,369 $1,315,345 $377,000 $0 $377,000 $150,800 $226,200 7.15
$269,289 $276,705 -$7,416 $13,022,137 $4,535,000 $300,000 $4,835,000 $1,744,000 $3,091,000 9.46
decreased by:276,705 with 20% contingency $5,802,000
Four sites, WITHOUT BBF
Library (1932850108)1,048,978 $322,517 $0.31 621,477 $189,074 $133,443 $10,847,040 $3,803,000 $300,000 $4,103,000 $1,521,200 $2,581,800 11.33
Quinlan Community Center
(0116367009-116367840) 383,109 $121,336 $0.32 453,795 $154,217 -$32,881 $7,272,774 $2,343,000 $150,000 $2,493,000 $867,200 $1,625,800 9.21
Sports Center (0116367009-
116971849)329,369 $108,143 $0.33 322,104 $93,047 $15,096 $4,434,018 $1,815,000 $150,000 $1,965,000 $726,000 $1,239,000 11.11
Community Hall (0116367009-
116367449)114,600 $39,810 $0.35 66,784 $29,441 $10,369 $1,315,345 $377,000 $0 $377,000 $150,800 $226,200 7.15
$591,805 $465,779 $126,026 $23,869,177 $8,338,000 $600,000 $8,938,000 $3,265,200 $5,672,800 9.98
decreased by:465,779 with 20% contingency $10,725,600
Four sites, WITHOUT LIBRARY
BBF (114315284)110,428 $32,539 $0.29 110,948 $38,253 -$5,714 $1,563,642 $956,000 $100,000 $1,056,000 $382,400 $673,600 14.08
Quinlan Community Center
(0116367009-116367840) 383,109 $121,336 $0.32 453,795 $154,217 -$32,881 $7,272,774 $2,343,000 $150,000 $2,493,000 $867,200 $1,625,800 9.21
Sports Center (0116367009-
116971849)329,369 $108,143 $0.33 322,104 $93,047 $15,096 $4,434,018 $1,815,000 $150,000 $1,965,000 $726,000 $1,239,000 11.11
Community Hall (0116367009-
116367449)114,600 $39,810 $0.35 66,784 $29,441 $10,369 $1,315,345 $377,000 $0 $377,000 $150,800 $226,200 7.15
$301,828 $314,958 -$13,130 $14,585,779 $5,491,000 $400,000 $5,891,000 $2,126,400 $3,764,600 10.28
decreased by:314,958 with 20% contingency $7,069,200
Five sites
Library (1932850108)1,048,978 $322,517 $0.31 621,477 $189,074 $133,443 $10,847,040 $3,803,000 $300,000 $4,103,000 $1,521,200 $2,581,800 11.33
BBF (114315284)110,428 $32,539 $0.29 110,948 $38,253 -$5,714 $1,563,642 $956,000 $100,000 $1,056,000 $382,400 $673,600 14.08
Quinlan Community Center
(0116367009-116367840) 383,109 $121,336 $0.32 453,795 $154,217 -$32,881 $7,272,774 $2,343,000 $150,000 $2,493,000 $867,200 $1,625,800 9.21
Sports Center (0116367009-
116971849)329,369 $108,143 $0.33 322,104 $93,047 $15,096 $4,434,018 $1,815,000 $150,000 $1,965,000 $726,000 $1,239,000 11.11
Community Hall (0116367009-
116367449)114,600 $39,810 $0.35 66,784 $29,441 $10,369 $1,315,345 $377,000 $0 $377,000 $150,800 $226,200 7.15
$624,345 $504,032 $120,313 $25,432,819 $9,294,000 $700,000 $9,994,000 $3,647,600 $6,346,400 10.66
decreased by:504,032 with 20% contingency $11,992,800
CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT • PRELIMINARY COST/SAVINGS • ATTACHMENT B
*Annual savings includes 5% utility escalation over a 1.5
year construction period, Year 1
**The costs (B) are offset by the kWh savings (E), resulting
in lowered electrical bill (F)
***Lifecycle Savings (30yrs) includes: 5% utility escalation, 0.5% module
degradation, 30 years, NEM3 Included
****Discounted cashflow methodology includes: 5% utility escalation,
0.5% module degradation, 30 years, NEM3 Included
11/18/2024
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Programming, Cost, and Funding Report
Prepared for the City of Cupertino
Presented by:
Syserco Energy Solutions, Inc.
Date Submitted:
November 11, 2024
ATTACHMENT C
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Table of Contents 1
Table of Contents
Table of Contents ...................................................................................................................................................................... 1
Executive Summary ................................................................................................................................................................... 2
Section 1 – Project Financials ............................................................................................................................................... 3
1.1 System Sizing ............................................................................................................................................................... 3
1.2 Annual Energy Savings ............................................................................................................................................. 3
1.3 Budget Impact / Financing Options .................................................................................................................... 4
1.4 Portfolio Cash Flow Models ................................................................................................................................... 7
Section 2 – Construction Methodology, Equipment, and Conceptual Designs ............................................. 15
2.1 Construction Methodology and Schedule .................................................................................................... 15
2.2 Project Portfolio Conceptual Designs ............................................................................................................. 18
2.3 Project Equipment Lists ........................................................................................................................................ 39
Section 3 – Project Specifications and Technology Evaluation ............................................................................ 43
3.1 Technical Specifications ........................................................................................................................................ 43
3.2 New Technology Evaluation ................................................................................................................................ 47
3.3 Energy Storage Evaluation ................................................................................................................................... 49
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Executive Summary 2
Executive Summary
The City of Cupertino has been working to evaluate the benefits of adding solar photovoltaic energy
systems to a number of locations. The goal of this potential project is to assist in offsetting ongoing
electrical utility costs at these locations to provide long term value to the city and its residents.
To develop the recommended project, our experienced energy engineers, project managers, and project
developers performed a detailed energy and operational audit of the City’s facilities to determine the full
potential for savings. This proposal is a culmination of our audit findings, recommended systems,
infrastructure enhancements, and overall cost reductions.
We would like to thank the members of the City’s staff and facilities team who worked closely with the
Syserco Energy Solutions team throughout this process. Without their assistance, this report would not
have been possible.
The project development process involved numerous site visits, interaction with City administration and
facilities staff, and a detailed analysis of existing equipment and systems and current utility consumption.
Studies of energy usage, operating conditions, and interviews with the City’s facility team have been
valuable sources of information, contributing greatly to this effort. We have taken into consideration the
input provided by staff when compiling the proposed project.
The recommended project will design, furnish, and install new solar PV roof mount and carport / shade
structure systems at various City sites. These new systems will offset significant electrical energy usage
relative to the grid-purchased electrical energy. The recommended system sizes are summarized in the
table below:
Recommended Project Summary
Site Name
Nominal
Array Size
(kW DC)
Nominal
System Size
(kW AC)
Mounting Type
Blackberry Farm 73.08 60 Carport
Community Hall 49.30 50 Rooftop
Library 422.82 403 Carport / Rooftop
Quinlan Community Center / Senior Center 311.46 273 Carport / Rooftop
Sports Center 214.02 172 Carport
Total 1,070.68 958
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Section 1 – Project Financials 3
Section 1 – Project Financials
1.1 System Sizing
The systems in the project were sized based on multiple factors to align with the city’s goals for the
project. The first factor considered was available space – in concert with city staff, ideal areas on each site
were identified that would not impact the usage of each site or require the removal of undue quantities of
trees. With the usable locations identified on each site, energy consumption was evaluated to determine
the maximum amount of energy generation that would be economically beneficial for the site. The
systems were then sized within these two constraints to offset as much energy usage as possible at each
location within the physical areas identified for use. Options for each site were presented to city staff for
evaluation and comment, with preferred layouts selected by the city for each location.
1.2 Annual Energy Savings
Annual Energy Savings for the project were modeled utilizing the industry-standard software application
Energy Toolbase based on data from site-specific models that were developed in Helioscope, another
industry-standard software application. This model projects the energy savings provided by the array
based on the estimated energy production within each time interval, to ensure that the impacts of time -
of-use (TOU) rate schedules and non-bypassable charges are accurately accounted for. The first-year
energy savings depicted in the table below assume a roughly 18-month duration between the issuance of
this report and system completion and incorporate an estimated annual utility escalation rate of 5%
during this time period. While first-year savings are presented in the table below, it is important to note
that annual energy savings are estimated to change over time. Utility rates are anticipated to continue to
rise over time, and throughout the project’s life cycle the modules are expected to degrade annually. For
the purposes of the estimated payback period listed below, the annual utility escalation is estimated to be
5%, and the annual PV module degradation rate is assumed to be 0.5%. Additionally, the city has
submitted interconnection applications under the NEM2 tariff, which is far more lucrative than the current
NEM3 tariff – this allows the systems to be locked into this NEM2 tariff for 20 years from project
permission to operate, after which time they will be transitioned to the NEM3 rate tariff. Syserco Energy
Solutions assisted the city in accomplishing this by applying for utility interconnection of these systems
prior to the April 15th, 2023 NEM2 application deadline. It is important to note that to capture this 20-year
NEM2 eligibility, these projects must be completed by April 15th, 2026.
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Section 1 – Project Financials 4
1.3 Budget Impact / Financing Options
Site Name Nominal Array
Size (kW DC)
System Price1
Estimated
Direct Pay
ITC1
Net Price1
First Year
Energy
Savings1,2
Estimated
Payback Period
(Years)
Blackberry Farm 73.08 $1,056,000 $382,400 $673,600 $38,253 14.08
Community Hall 49.30 $377,000 $150,800 $226,200 $29,441 7.15
Library 422.82 $4,103,000 $1,521,200 $2,581,800 $189,074 11.33
Quinlan Community Center /
Senior Center
311.46 $2,493,000 $867,200 $1,625,800 $154,217 9.21
Sports Center 214.02 $1,965,000 $726,000 $1,239,000 $93,047 11.11
Total 1,070.68 $9,994,000 $3,647,600 $6,346,400 $504,032 10.66
1Note: All costs and savings figures presented are estimates.
2Projected first year energy savings shown in table are indicative of the avoided electric utility costs the site will experience, which will
manifest in the form of lowered utility bills on each site.
Financing Options
Solar PV systems can be financed in multiple ways to alleviate construction cash flow challenges. The main
financial vehicles available for the project are a cash purchase, tax-exempt lease purchase (TELP), or a
power purchase agreement (PPA). A cash purchase model is the simplest funding strategy for the project.
This methodology would utilize direct funding from the city to procure the project, which would have
several benefits for the city. The city would be able to monetize the direct pay credit from th e federal
government (available via the Inflation Reduction Act), essentially providing a significant rebate for the
project. When meeting prevailing wage and apprenticeship requirements, this direct pay credit amounts
to 30% of the total PV project cost. For public entities receiving direct pay credits, there is a penalty for
not meeting domestic content thresholds on the project, which can reduce this 30% credit by 15% for
projects beginning in 2025 (i.e. reducing the 30% credit to 25.5%.) In addition to avoiding this credit
reduction, utilizing domestic content on the project provides a 10 -percentage point increase on the
baseline direct pay credit, which would increase the realized benefit to the city from 25.5% of PV project
costs to 40% of PV project costs when meeting domestic content requirements.
To meet the domestic content requirements, all iron and steel used in the project must have all
manufacturing processes taking place in the United States, and (for projects beginning in 2025,) 45% of
the total costs of all manufactured products (including components) in the facility must be mined,
produced, or manufactured in the United States.
As a result of this, the project has been conceptually designed to utilize equipment which meets the
domestic content requirement. Additionally, the city would directly receive all of the benefits provided by
the system, including Renewable Energy Credits (RECs), which are the “green attributes” of the energy
generated by the array which can be separately sold. Additionally, there would be no financing fees or
interest costs associated with this method, which would maximize the total return on investment o f the
city’s procurement of the PV system. The downsides of this procurement method are minimal. Under this
method, the city would need to operate and maintain the system, or alternatively hire a company to
perform these services on behalf of the city which would require an ongoing (though small) cost to the
city. The city would also need to have enough available capital to directly fund the project.
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Section 1 – Project Financials 5
A TELP funding model utilizes a tax-exempt lease for acquiring the capital necessary for construction and
paying this lease back over time. Typically, these agreements run for 15-to-20-year terms. This financing
format provides the city multiple benefits – direct capital funding from the city is not required for this
financing method, and the model can be structured to ensure that the lease payments are funded by the
cost savings from the PV arrays. Additionally, the city can negotiate a fixed interest rate on the borrowed
funds and have a predictable payment schedule over time to repay the lease. Under this financing
structure, the city is also able to monetize the direct pay credit from the federal government. There are
multiple drawbacks to this financing mechanism, however. When utilizing a tax-exempt financing method
under the Inflation Reduction Act, the direct pay credits are reduced by 15% relative to a cash purchase
option (i.e. the 40% credit described above is reduced to 34%.) In addition, the city would own the arrays
and would therefore receive all of the benefits of the system (including RECs) directly, but would need to
operate and maintain the systems or hire a company to perform these services to keep the arrays
functioning optimally over time which would require an ongoing cost to the city. Additionally, the interest
associated with this financed procurement method would reduce the total return on investment of the
project relative to a cash-purchase option.
A power purchase agreement (PPA) is an alternative financing option which utilizes a third party to
provide the capital necessary for construction of the project. The third party retains ownership of the
arrays and the city then pays the third party a negotiated value for the energy produced by the arrays as
measured by an electrical meter on site. Term length for this financing option can range significantly,
though this is typically on the order of 20 to 30 years. PPA agreements typically encompass two
independent variables which determine the base energy price in the agreement, which are term length
and escalation rate (the year-over-year increase in the base energy price.) These variables can be adjusted
to meet the needs of the city – increasing the term length and escalation rates typically results in a lower
base (first-year) PPA rate, increasing savings realized in the early years of the project life cycle. There are
several benefits to this financing format – the city would not require any capital to construct the arrays,
would not accrue interest during the construction period, and would not incur any direct debt. The city
would not own the arrays during the PPA term (though PPAs would typically include an option for the city
to procure the array at the end of the term of the agreement), and therefore would not need to
orchestrate operations and maintenance activities for the PV systems. Because payments under a power
purchase agreement are based around a value per kilowatt-hour of energy delivered to the project site,
typical issues impacting energy production would reduce the amount owed by the city to the PPA
provider, insulating the city from risk of the systems encountering operational issues; this also keeps the
PPA provider’s interests aligned with the city’s, as the PPA provider is incentivized to maintain the arrays in
peak condition to ensure the maximum amount of energy is delivered to the site. This financing method
also has downsides; the array being owned by a third party means that the ci ty would not be able to
monetize the direct pay credit from the federal government for the project. Additionally, payments from
the city to the PPA provider can fluctuate due to weather conditions, etc., and are likely less predictable
than payments under a TELP financing model.
These financial vehicles can also be combined to provide additional options for the city. For instance,
available capital can be utilized to fund a project, with any shortfall being covered by a TELP or PPA.
Combining available capital with a financing option has the benefit of expanding the ability of the city to
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Section 1 – Project Financials 6
procure the systems, while significantly reducing the interest paid on a potential lease, or the base price
for energy, the annual escalator, or the term negotiated under a PPA.
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Section 1 – Project Financials 7
1.4 Portfolio Cash Flow Models
Each of the project locations was modeled to depict the estimated cash flow provided by each of the
various financing strategies described in the previous section of this report. In addition, the portfolio as a
whole was modeled similarly to show the revenue potential of the entire project throughout its life cycle.
All project financing models anticipate 20-year financing terms to align with the NEM2 project lock-in
duration. The impact of changing to the NEM3 tariff after 20 years is included in the follo wing cash flow
models and summary tables.
Site Name Nominal Array
Size (kW DC)
Estimated
Year 1 Net
Savings1
(Cash)
Estimated
Year 1 Net
Savings1
(TELP)
Estimated
Year 1 Net
Savings1
(PPA)
Estimated
Lifecycle
Net Savings
(Cash)
Estimated
Lifecycle
Net Savings
(TELP)
Estimated
Lifecycle
Net Savings
(PPA)
Blackberry Farm 73.08 $36,129 -$8,043 -$13,841 $810,224 $231,451 $275,870
Community Hall 49.30 $27,912 $18,887 $11,245 $1,034,175 $806,620 $862,561
Library 422.82 $178,508 $34,139 -$12,967 $7,797,315 $5,452,794 $5,767,273
Quinlan Community
Center / Senior Center
311.46 $146,135 $70,776 $24,761 $5,304,691 $3,798,254 $4,016,931
Sports Center 214.02 $87,697 $19,681 -$4,097 $2,962,378 $1,834,598 $1,987,284
Total 1,070.68 $476,381 $135,440 $5,101 $17,908,783 $12,123,717 $12,909,919
1Net savings depicted in the above table take into account all estimated elements of the project, incorporating utility bill savings,
operations and maintenance costs, interest costs, and PPA payments (as applicable to each of the individual financing mechanisms.)
Utilizing a cash purchase model to procure the system provides the highest return on investment for solar
PV projects, as there are no PPA payments, financing costs, or accrued interest that need to be paid over
time for the system. While this method does require significant capital to be available to procure the
system outright, it maximizes the value derived from the system by the purchaser.
When capital is not available or opportunity costs are too significant to justify the short-term expenditure,
financing projects via a TELP or PPA (in most cases) provides an excellent opportunity to be able to
procure the system while realizing immediate positive cash flow on the project. The downside of these
options is that the various financing related payments reduce the life cycle savings of the project
significantly, as they are covered by the savings the systems generate.
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Section 1 – Project Financials 8
Full Portfolio Cash Flow Model
Portfolio Financial Summary
Financing Mechanism Up Front
Costs
Payback Period
/ Break Even
Point
Estimated
Lifecycle Net
Savings
Cash Purchase $9,994,000 10.66 Years $17,908,783
TELP $0 N/A $12,123,717
PPA $0 N/A $12,909,919
The project portfolio provides an excellent opportunity to bundle all of the locations together to leverage
any of the available financing methods and take advantage of the benefits that are most attractive to the
city. In a cash purchase setting, the systems are anticipated to pay for themselves in 10.66 years and
provide a net lifecycle savings to the city roughly $5 million greater than a financed option. However, both
financed options are estimated to be able to provide the city a positive cash flow from the first year of
operation, without requiring available capital to purchase the arrays. The modeled cash flow for all three
options is shown in the graph below:
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Section 1 – Project Financials 9
Blackberry Farm Cash Flow Model
Blackberry Farm Financial Summary
Financing Mechanism Up Front
Costs
Payback Period
/ Break Even
Point
Estimated
Lifecycle Net
Savings
Cash Purchase $1,056,000 14.08 Years $810,224
TELP $0 N/A $231,451
PPA $0 N/A $275,870
As a standalone project, the Blackberry Farm location is not ideal for leveraging a financed option to
procure the system, as the anticipated costs for financing over a 20-year agreement term exceed the
projected savings at this location. However, In a cash purchase setting the system is anticipated to pay for
itself in 14.08 years, and provide lifecycle savings of more than $800,000 . The modeled cash flow for all
three options is shown in the graph below:
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Section 1 – Project Financials 10
Community Hall Cash Flow Model
Community Hall Financial Summary
Financing Mechanism Up Front
Costs
Payback Period
/ Break Even
Point
Estimated
Lifecycle Net
Savings
Cash Purchase $377,000 7.15 Years $1,034,175
TELP $0 N/A $806,620
PPA $0 N/A $862,561
The Community Hall project location provides an excellent opportunity to leverage any of the available
financing methods to take advantage of the benefits that are most attractive to the city. In a cash
purchase setting, the system is anticipated to pay for itself in 7.15 years and provide a net lifecycle savings
to the city roughly $170,000 greater than a financed option. However, both financed options are
estimated to be able to provide the city a positive cash flow from the first year of operation without
requiring available capital to purchase the arrays. The modeled cash flow for all three options is shown in
the graph below:
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Section 1 – Project Financials 11
Library Cash Flow Model
Library Financial Summary
Financing Mechanism Up Front
Costs
Payback Period
/ Break Even
Point
Estimated
Lifecycle Net
Savings
Cash Purchase $4,103,000 11.33 Years $7,797,315
TELP $0 N/A $5,452,794
PPA $0 N/A $5,767,273
The Library project location provides an opportunity to utilize any of the available financing methods to
take advantage of the benefits that are most attractive to the city. In a cash purchase setting, the system is
anticipated to pay for itself in 11.33 years and provide a net lifecycle savings to the city roughly $2 million
greater than a financed option. However, both financed options are estimated to be able to provide the
city a roughly neutral cash flow from the first year of operation, without requiring available capital to
purchase the arrays. While the estimated PPA inputs utilized in this model anticipate a slightly negative
cash flow in the first year of the project, the term length and PPA escalation rate can be fine tuned to
provide a positive cash flow from the outset (though this will likely reduce the corresponding life cycle
savings.) The modeled cash flow for all three options is shown in the graph below:
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Section 1 – Project Financials 12
Quinlan Community Center / Senior Center Cash Flow Model
Quinlan Community Center / Senior Center Financial Summary
Financing Mechanism Up Front
Costs
Payback Period
/ Break Even
Point
Estimated
Lifecycle Net
Savings
Cash Purchase $2,493,000 9.21 Years $5,304,691
TELP $0 N/A $3,798,254
PPA $0 N/A $4,016,931
The Quinlan Community Center project location provides an excellent opportunity to leverage any of the
available financing methods to take advantage of the benefits that are most attractive to the city. In a cash
purchase setting, the system is anticipated to pay for itself in 9.21 years and provide a net lifecycle savings
to the city roughly $1.3 million greater than a financed option. However, both financed options are
estimated to be able to provide the city a positive cash flow from the first year of operation, without
requiring available capital to purchase the arrays. The modeled cash flow for all three options is shown in
the graph below:
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Section 1 – Project Financials 13
Sports Center Cash Flow Model
Sports Center Financial Summary
Financing Mechanism Up Front
Costs
Payback Period
/ Break Even
Point
Estimated
Lifecycle Net
Savings
Cash Purchase $1,965,000 11.11 Years $2,962,378
TELP $0 N/A $1,834,598
PPA $0 N/A $1,987,284
The Sports Center project location provides an opportunity to utilize any of the available financing
methods to take advantage of the benefits that are most attractive to the city. In a cash purchase setting,
the system is anticipated to pay for itself in 11.11 years and provide a net lifecycle savings to the city
roughly $1 million greater than a financed option. However, both financed options are estimated to be
able to provide the city a roughly neutral cash flow from the first year of operation without requiring
available capital to purchase the arrays. While the estimated PPA inputs utilized in this model anticipate a
slightly negative cash flow in the first year of the project, the term length and PPA escalation rate can be
fine tuned to provide a positive cash flow from the outset (though this will likely reduce the
corresponding life cycle savings.) The modeled cash flow for all three options is shown in the graph below:
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Section 1 – Project Financials 14
NEM 2 and NEM 3 Comparison
As a part of this project, interconnection applications were submitted to the utility prior to the April 15,
2023 deadline for the closing of NEM2 to new applications for the 5 locations covered in this report. The
relative value of the NEM2 projects is significantly greater than if these projects were to be completed
under the currently-existing utility tariff structure of NEM3, which will require the systems to be
completed by April 15th, 2026. The savings projections under NEM3 were modeled in an analogous
manner to the NEM2 savings projections, utilizing an Energy Toolbase model based on a Helioscope array
design for each project location, to ensure that the impacts of TOU rate schedules and values for energy
exported to the utility grid were accounted for. The same assumptions for utility cost escalation rates (5%)
and PV module degradation (0.5%) were utilized in both models. The projected net life cycle savings of
the projects are shown under both NEM2 and NEM3 scenarios for comparison in the table below:
Site Name
Nominal
Array Size
(kW DC)
Estimated Year
1 Net Savings
(Cash, NEM2)
Estimated Year
1 Net Savings
(Cash, NEM3)
Estimated Lifecycle
Net Savings (Cash,
NEM2)
Estimated Lifecycle
Net Savings (Cash,
NEM3)
Energy
Offset
Percentage
Blackberry Farm 73.08 $36,129 $15,183 $810,224 $156,047 97.01%
Community Hall 49.30 $27,912 $16,699 $1,034,175 $683,968 67.38%
Library 422.82 $178,508 $158,573 $7,797,315 $7,174,859 62.89%
Quinlan Community
Center / Senior Center
311.46 $146,135 $80,666 $5,304,691 $3,260,036 87.54%
Sports Center 214.02 $87,697 $46,947 $2,962,378 $1,689,711 96.54%
Total 1,070.68 $476,381 $318,068 $17,908,783 $12,964,621 76.76%
The impact of the NEM3 tariff relative to the NEM2 tariff for each of the project locations varies
significantly. On average, NEM3 drastically reduces the credit earned for exporting energy from the
project locations to the utility grid, though it has no impact on energy that is produced and consumed
concurrently on site. As a result of this, locations that utilize most of their energy during the day
(particularly in the summer months) are not as heavily impacted by the NEM3 tariff as sites whose energy
usage is not aligned with available sunlight. For a given site, as the fraction of energy usage offset by the
PV system rises, the impact of NEM3 will generally also increase. For this portfolio, the impact of NEM3 on
the proposed systems varies significantly, ranging from an 11.17% reduction in first year savings at the
Library to a 57.98% reduction in first year savings at the Blackberry Farm location. Across the entire
portfolio, NEM3 would reduce first year energy savings by 33.23% when compared with the same project
under NEM2. The lifecycle net savings discrepancy across the portfolio (27.61%) is slightly lower than the
first-year savings discrepancy, as the NEM 2 projects will be transitioned to NEM3 after 20 years, at which
point the annual savings of both scenarios will equalize.
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Section 2 – Construction Methodology, Equipment, and
Conceptual Designs 15
Section 2 – Construction Methodology ,
Equipment, and Conceptual Designs
2.1 Construction Methodology and Schedule
Design-Build Construction Methodology Benefits
Syserco Energy Solutions recommends a design-build methodology for execution of this project, which is
common in the solar industry. There are a significant number of benefits to this delivery method, which
are particularly valuable in a time-constrained environment. Given the need to complete these projects by
the April 15th, 2026 deadline to maintain NEM2 status for the arrays, timing will be critical for the success
of the project. The benefits of a design-build methodology are summarized below:
Complete Accountability – With the design-build delivery method, a single entity, the design-builder, is
the point of accountability across the entire project. The Design -Builder is always working toward the
owner’s project goals with intent. The entire process, from design to final walkthrough, requires the
Design-Builder to take full responsibility for all aspects of the project. Details and “Scope Gaps” cannot be
overlooked without accountability.
Quality of the design – Allows for Owner input and accounts for all project-related costs
Improved Continuity - In the traditional “Design-Bid-Build” project delivery, once the design team
completes their work, they hand off the project to a general contractor, who may have a different
perspective on the project than the design team. Unless all elements of the project are fully and minutely
detailed, there may be discrepancies between the design intent and the fully executed project. With
design-build projects, a seamless line exists between each phase of the construction process , aligning all
parts of the project team towards a common design and implementation intent .
Single Project Leader, Single POC – A Design-Build Project Manager is part of everything from planning
to the final stages. They’re in charge of keeping things on time, planned, and on budget.
Field Expertise & Early Collaboration – Expertise for all areas of project development and construction
are involved from start to finish. Design engineers work with construction-focused minds to ensure what
is being designed can actually be built in the field, without additional surprises and cost increases.
Risk Mitigation - Much of the risk involved in a project using the design-build method falls away from
the owner to the design-build contractor. As a result, owners are often better protected against
unexpected costs resulting from design errors or construction delays.
Single Contract – A single design-build contract eliminates (sometimes challenging) contract
negotiations between engineering firms, construction firms, and commissioning firms. Instead of multiple
contracts, the design-builder will have one singular agreement with the owner. As a result, the owner
retains control, while an environment of collaboration produces exceptional results without regular
construction hangups.
Streamlined Communication - Communication is critical to keeping projects on budget and on time.
Design-build cuts out inefficiencies by putting everyone on the same team. When designers, contractors,
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Section 2 – Construction Methodology, Equipment, and
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and other workers are on the same team, getting information from one person to another is seamless and
fast. Instead of needing to coordinate multiple entities that may operate on different schedules, the
design-build team can react quickly to any issues that may arise during the project.
Financial Savings - It’s easy to assume that one of the benefits of design-bid-build is a lower budget,
because projects often go to the lowest bidder. While a lower budget might be alluring, the inefficiencies
and disconnects inherent in the traditional approach can crea te financial burdens. Keeping projects on
budget is difficult and made even more complex by a lack of communication and accountability.
Time Savings - When teams work in step with each other, rather than solely sequentially, it means you
can save time and budget time more effectively. Many project owners have an experience of waiting
weeks (or even months) after the design phase to break ground and st art construction. Using a design-
build approach means you aren’t waiting on another company to start on the next stage.
Equipment Changes – The solar industry moves very quickly, and solar modules in particular are
constantly subject to shifting availability as new module models and wattages come onto the market (and
older modules stop being produced). Performing a detailed DC electrical design based on specific
modules well in advance of the project's procurement and construction phases presents significant risk of
alterations being needed. Alterations under a design-bid-build model impose an appreciable risk of delay,
as the project engineer would need to be reengaged to review and update the DC electrical design to
accommodate module changes.
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Section 2 – Construction Methodology, Equipment, and
Conceptual Designs 17
Design-Build Estimated Project Schedule
The major milestones of the estimated schedule required to implement a design-build procurement of the
project portfolio by the April 15th, 2026 NEM2 deadline is summarized in the table below:
Event Target Date
Contract Issued January 14th, 2025
Project Engineering / Detailed Design Phase January 15th, 2025 – April 1st, 2025
Permitting April 1st, 2025 – May 1st, 2025
Procurement of Major Materials March 1st, 2025 – September 1st, 2025
Construction Schedule September 1st, 2025 – April 1st, 2026
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Section 2 – Construction Methodology, Equipment, and
Conceptual Designs 18
2.2 Project Portfolio Conceptual Designs
Conceptual designs for each of the projects are shown on the following pages. For each project location, a
Helioscope conceptual system design and a single line diagram have been provided, depicting the system
layout, electrical components, and anticipated electrical configuration. These conceptual designs are
indicative of the design intent for each of the projects, though alternative system designs (equipment
manufacturers and models, inverter voltages, etc.) could be utilized to provide similar value to the city.
Maintaining the existing trees on site is a priority for this project, though several trees will need to be
removed from the library and sports center site locations where conflicting with the array locations and
where necessary to ensure appropriate solar access for the new solar arrays. Where possible, tree
trimming is recommended in place of tree removal at the library and sports center sites. Tree trimming is
additionally recommended at the Quinlan Community Center and Blackberry farm sites, though no trees
will be removed from these locations as part of this project – the trees conflicting with the array located in
the picnic area of the Quinlan Community Center are assumed to be removed or replanted as part of the
Memorial Park revitalization project. The number of trees that will need to be removed and are
recommended to be trimmed at each site is summarized in the table below:
Site Name Trees to be
Trimmed
Trees to be
Removed
Blackberry Farm 1 0
Community Hall 0 0
Library 0 31
Quinlan Community Center / Senior Center 9 0
Sports Center 2 5
Total 12 36
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Section 2 – Construction Methodology, Equipment, and
Conceptual Designs 19
Blackberry Farm Conceptual Design
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Blackberry Farm Carport Cupertino - Blackberry Farm, 21975 San Fernando Ave,
Cupertino, CA 95014
Design Blackberry Farm Carport
DC Nameplate 73.1 kW
AC Nameplate 60.0 kW (1.22 DC/AC)
Last Modied Taylor Bohlen (Today at 10:26 PM)
Design
Project Location
Component Name Count
Inverters S6-GC60K-US (Solis)1 (60.0 kW)
Strings 10 AWG (Copper)8 (712.9 ft)
Optimizers TS4-A-O (Tigo Energy)126 (88.2 kW)
Module Heliene Inc, 156HC-580 M10 SL Bifacial (580W)126 (73.1 kW)
Components
Description Racking Orientation Tilt Azimuth
Intrarow
Spacing
Frame
Size
Frames Modules Power
Field Segment 1
(copy 1)
Carport
Portrait
(Vertical)
7°241.43607°1.6 ft 3x42 1 126
73.1
kW
Field Segments
Description Combiner Poles String Size Stringing Strategy
Wiring Zone -4-17 Along Racking
Wiring Zones
Design Overview produced by Taylor Bohlen
© 2024 Aurora Solar 1 / 2 November 05, 2024
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Detailed Layout2
Design Overview produced by Taylor Bohlen
© 2024 Aurora Solar 2 / 2 November 05, 2024
Carport PV Array
(126 Modules)
Point of Interconnection
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Transformer
75 kVA
Utility Side: 120/240 3Ph VAC
PV Side: 480 VAC
Main Switchgear
To Utility Grid
800 A
120/240 3Ph VAC, 800 A
200 A
AC Disconnect
240 VAC (Nominal), 200 A (Min.)
Cutler-Hammer DH324NRK
Utility Meter
Meter #1010282247
DAS System
COM
COM
COM
To Inverter #1
Solis S6-GC60K-US
60 kW, 79.4 A, 480 VAC
COM To DAS
Inverter #1
73.08 kWstc
PV Modules
(126) Heliene 156HC-580 M10 SL Bifacial
68.8968 kWptc
CT
To Module Temp Sensor
To Irradiance Sensor
(126) TIGO TS4-A-O Optimizers
Project Location:
Project Details:
Cupertino - Blackberry Farm Recreation Contractor:
Revision History:
Engineering Approval:
21975 San Fernando Ave
Cupertino, CA 95014
AHJ: Cupertino, City of
73.08 kWstc, 60 kWAC
67.86 kW CEC-AC
Utility: PG&E
Rev # Date Description
1 3/3/2023 Original
215 Fourier Avenue
Fremont, CA, 94539
Suite 140
2 8/28/2024 Equipment
3 9/4/2024 Equipment
4 11/6/2024 Equipment
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Conceptual Designs 23
Community Hall Conceptual Design
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Design Overview produced by Taylor Bohlen
© 2024 Aurora Solar 1 / 2 October 10, 2024
Community Hall Rooftop Cupertino - Civic Center, 10300 TORRE AVE
Desig n Communit y H all Rooft op
DC Nameplat e 49.3 kW
AC Nameplat e 50.0 kW (0.99 DC/AC)
L ast Modi ed Tay lor Bohlen (09/24/2024)
Design
Project Location
Component Na me Count
I nv ert ers S6-GC50K-US (Solis)1 (50.0 kW)
St rings 10 AWG (Copper)5 (372.1 ft )
M odule H eliene I nc, 156H C-580 M 10 SL Bifacial (580W)85 (49.3 kW)
Components
D escr i pti on Ra cki ng Or i enta ti on Ti l t A zi muth
Intr a r ow
Spa ci ng
Fr a me
Si ze
Fr a mes Modul es Pow er
F ield Segment
6
F lush
M ount
Port rait
(Vert ical)
15°90°0.0 ft 1x1 34 34
19.7
kW
F ield Segment
7
F lush
M ount
Port rait
(Vert ical)
15°270°0.0 ft 1x1 40 40
23.2
kW
F ield Segment
8
F lush
M ount
Port rait
(Vert ical)
15°180.02425°0.0 ft 1x1 11 11
6.38
kW
Field Segments
D escr i pti on Combi ner Pol es Str i ng Si ze Str i ngi ng Str a tegy
Wiring Zone --Along Racking
Wiring Zone 2 --Along Racking
Wiring Zone 3 -4-17 Along Racking
Wiring Zone 4 --Along Racking
Wiring Z ones
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Design Overview produced by Taylor Bohlen
© 2024 Aurora Solar 2 / 2 October 10, 2024
Detailed Lay out
Point of Interconnection
Rooftop PV Array
(85 Modules)
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Solis S6-GC50K-US
50 kW, 66.2 A, 480 VAC
COM To DAS
Inverter #1
49.3 kWstc
PV Modules
(85) Heliene 156HC-580 M10 SL Bifacial
46.478 kWptc
Transformer
75 kVA
Utility Side: 120/208 VAC
PV Side: 480 VAC
Main Switchgear
To Utility Grid
1200 A
120/208 VAC, 1200 A
200 A
AC Disconnect
208 VAC (Nominal), 200 A (Min.)
Cutler-Hammer DH324NRK
Utility Meter
Meter #1009538478
DAS System
COM
COM
COM
To Inverter #1 CT
To Irradiance Sensor
To Module Temp Sensor
(43) TIGO TS4-A-2F Optimizers
Project Location:
Project Details:
City of Cupertino - Community Hall Contractor:
Revision History:
Engineering Approval:
10350 Torre Avenue
Cupertino, CA 95014
AHJ: Cupertino, City of
49.3 kWstc, 50 kWAC
45.78 kW CEC-AC
Utility: PG&E
Rev # Date Description
1 3/3/2023 Original
215 Fourier Avenue
Fremont, CA, 94539
Suite 140
2 8/9/2024 DAS
3 8/28/2024 Equipment
4 9/4/2024 Equipment
5 10/10/2024 System Size
6 10/16/2024 Project Name
7 11/6/2024 Equipment
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Conceptual Designs 27
Library Conceptual Design
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Design Overview produced by Taylor Bohlen
© 2024 Aurora Solar 1 / 2 October 10, 2024
Library / Civic Center Cupertino - Civic Center, 10300 TORRE AVE
Desig n Library / Civ ic Cent er
DC Nameplat e 422.8 kW
AC Nameplat e 403.0 kW (1.05 DC/AC)
L ast Modi ed Tay lor Bohlen (09/24/2024)
Design
Project Location
Component Na me Count
I nv ert ers S5-GC75K-US (Solis)2 (150.0 kW)
I nv ert ers S6-GC33K-US (Solis)1 (33.0 kW)
I nv ert ers S6-GC60K-US (Solis)2 (120.0 kW)
I nv ert ers S5-GC100K-US (Solis)1 (100.0 kW)
St rings 10 AWG (Copper)49 (5,030.3 ft )
M odule H eliene I nc, 156H C-580 M 10 SL Bifacial (580W)729 (422.8 kW)
Components
D escr i pti on Ra cki ng Or i enta ti on Ti l t A zi muth
Intr a r ow
Spa ci ng
Fr a me
Si ze
Fr a mes Modul es Pow er
F ield Segment 5 Carport
Port rait
(Vert ical)
7°180°1.6 ft 3x49 1 147
85.3
kW
F ield Segment 4
F lush
M ount
Port rait
(Vert ical)
15°270°0.0 ft 1x1 143 143
82.9
kW
F ield Segment 3 F ixed Tilt
Landscape
(H orizont al)
M odule:
10°
M odule:
180°
1.6 ft 1x1 34 34
19.7
kW
F ield Segment 5
(copy )
Carport
Port rait
(Vert ical)
7°180°1.6 ft 3x21 1 63
36.5
kW
F ield Segment 5
(copy 1)
Carport
Port rait
(Vert ical)
7°270°1.6 ft 3x47 1 141
81.8
kW
F ield Segment 5
(copy 2)
Carport
Port rait
(Vert ical)
7°270°1.6 ft 3x67 1 201
116.6
kW
Field Segments
D escr i pti on Combi ner Pol es Str i ng Si ze Str i ngi ng Str a tegy
Wiring Zone -5-17 Along Racking
Wiring Zone 2 -4-17 Along Racking
Wiring Zone 3 -5-17 Along Racking
Wiring Zone 4 -5-17 Along Racking
Wiring Zone 5 -4-17 Along Racking
Wiring Z ones
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Design Overview produced by Taylor Bohlen
© 2024 Aurora Solar 2 / 2 October 10, 2024
Detailed Lay out
Carport #1 PV Array
(201 Modules)
Carport #2 PV Array
(141 Modules)
Carport #2 PV Array
(147 Modules)
Carport #2 PV Array
(63 Modules)Interconnection Point
Rooftop PV Arrays
(177 Modules)
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Transformer
500 kVA
Utility Side: 120/208 VAC
PV Side: 480 VAC
Main Switchgear
To Utility Grid
2500 A
120/208 VAC, 2500 A
2000 A
AC Disconnect
208 VAC (Nominal), 2000 A (Min.)
Utility Meter
Meter #1009484301
DAS System
COM
COM
COM
COM
To Inverter #1
To Inverter #6
AC Combiner Panel #1
480 VAC (Nominal), 800 A (Min.)
150 A
Solis S5-GC100K-US
100 kW, 120.3 A, 480 VAC
COM To DAS
Inverter #1Carport #1 PV Modules
(201) Heliene 156HC-580 M10 SL Bifacial
CT
To Module Temp Sensor
To Irradiance Sensor
125 A
Solis S5-GC75K-US
75 kW, 90.2 A, 480 VAC
COM To DAS
Inverter #3
125 A
Solis S5-GC75K-US
75 kW, 90.2 A, 480 VAC
COM To DAS
Inverter #2
100 A
Solis S5-GC60K-US
60 kW, 79.4 A, 480 VAC
COM To DAS
Inverter #5
100 A
Solis S5-GC60K-US
60 kW, 79.4 A, 480 VAC
COM To DAS
Inverter #6
60 A
Solis S5-GC33K-US
33 kW, 43.7 A, 480 VAC
COM To DAS
Inverter #4
Carport #3 PV Modules
(147) Heliene 156HC-580 M10 SL Bifacial
Caprort #2 PV Modules
(141) Heliene 156HC-580 M10 SL Bifacial
Rooftop PV Modules
(177) Heliene 156HC-580 M10 SL Bifacial
Carport #4 PV Modules
(63) Heliene 156HC-580 M10 SL Bifacial
AC Combiner Panel #2
480 VAC (Nominal), 300 A (Min.)
AC Combiner Panel #3
480 VAC (Nominal), 200 A (Min.)
300 A
175 A
(90) TIGO TS4-A-2F Optimizers
Project Location:
Project Details:
City of Cupertino - Library Contractor:
Revision History:
Engineering Approval:
10800 Torre Avenue
Cupertino, CA 95014
AHJ: Cupertino, City of
422.82 kWstc, 403 kWAC
392.04 kW CEC-AC
Utility: PG&E
Rev # Date Description
1 3/3/2023 Original
215 Fourier Avenue
Fremont, CA, 94539
Suite 140
2 8/29/2024 Equipment
3 9/4/2024 Equipment
4 10/10/2024 System Size
5 11/6/2024 Equipment
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Quinlan Community Center
Conceptual Design
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Quinlan Community Center Cupertino - Quinlan + Senior + Sports Centers, 10185 N
STELLING RD cupertino
Design Quinlan Community Center
DC Nameplate 311.5 kW
AC Nameplate 273.0 kW (1.14 DC/AC)
Last Modied Taylor Bohlen (Today at 5:25 PM)
Design
Project Location
Component Name Count
Inverters S5-GC90K-US (Solis)1 (90.0 kW)
Inverters S6-GC33K-US (Solis)1 (33.0 kW)
Inverters S6-GC50K-US (Solis)1 (50.0 kW)
Inverters S5-GC100K-US (Solis)1 (100.0 kW)
Strings 10 AWG (Copper)35 (3,558.6 ft)
Module Heliene Inc, 156HC-580 M10 SL Bifacial (580W)537 (311.5 kW)
Components
Description Racking Orientation Tilt Azimuth
Intrarow
Spacing
Frame
Size
Frames Modules Power
Field Segment 1 Carport
Portrait
(Vertical)
7°180°1.6 ft 3x66 1 198
114.8
kW
Field Segment 5
Flush
Mount
Landscape
(Horizontal)
20°225.25685°0.0 ft 1x1 34 34
19.7
kW
Field Segment 7
Flush
Mount
Landscape
(Horizontal)
20°270.25943°0.0 ft 1x1 11 11
6.38
kW
Field Segment 8
Flush
Mount
Portrait
(Vertical)
20°134.57349°0.0 ft 1x1 14 14
8.12
kW
Field Segment
12
Flush
Mount
Portrait
(Vertical)
20°135°0.0 ft 1x1 19 19
11.0
kW
Field Segment
36
Flush
Mount
Portrait
(Vertical)
20°180°0.0 ft 1x1 5 5
2.90
kW
Field Segment
34
Flush
Mount
Portrait
(Vertical)
20°270°0.0 ft 1x1 7 7
4.06
kW
Field Segment 1
(copy)
Carport
Portrait
(Vertical)
7°180°1.6 ft 3x19 1 57
33.1
kW
Field Segment 1
(copy 1)
Carport
Portrait
(Vertical)
5°90°1.6 ft 6x32 1 192
111.4
kW
Field Segments
Description Combiner Poles String Size Stringing Strategy
Wiring Zone -5-17 Along Racking
Wiring Zone 2 -4-17 Along Racking
Wiring Zone 3 -4-17 Along Racking
Wiring Zone 4 -5-17 Along Racking
Wiring Zones
Design Overview produced by Taylor Bohlen
© 2024 Aurora Solar 1 / 2 November 01, 2024
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Detailed Layout
Design Overview produced by Taylor Bohlen
© 2024 Aurora Solar 2 / 2 November 01, 2024
Interconnection Point
Carport Array #1
(198 Modules)
Carport Array #2
(192 Modules)
Carport Array #3
(57 Modules)
Rooftop PV Arrays
(90 Modules)
666
Main Switchgear
To Utility Grid
800 A
277/480 VAC, 800 A
450 A
AC Disconnect
480 VAC (Nominal), 600 A (Min.)
Cutler-Hammer DH366NRK
Utility Meter
Meter #1009512069
DAS System
COM
COM
COM
COM
To Inverter #1
To Inverter #4
AC Combiner Panel #1
480 VAC (Nominal), 450 A (Min.)
60 A
Solis S6-GC33K-US
33 kW, 43.7 A, 480 VAC
COM To DAS
Inverter #3Carport #3 PV Modules
(57) Heliene 156HC-580 M10 SL Bifacial
150 A
Solis S5-GC90K-US
90 kW, 108.3 A, 480 VAC
COM To DAS
Inverter #2Carport #2 PV Modules
(192) Heliene 156HC-580 M10 SL Bifacial
150 A
Solis S5-GC100K-US
100 kW, 120.3 A, 480 VAC
COM To DAS
Inverter #1Carport #1 PV Modules
(198) Heliene 156HC-580 M10 SL Bifacial
90 A
Solis S6-GC50K-US
50 kW, 66.2 A, 480 VAC
COM To DAS
Inverter #4Rooftop PV Modules
(90) Heliene 156HC-580 M10 SL Bifacial
CT
To Module Temp Sensor
To Irradiance Sensor
AC Combiner Panel #2
480 VAC (Nominal), 300 A (Min.)
300 A
(47) TIGO TS4-A-2F Optimizers
Project Location:
Project Details:
City of Cupertino - Quinlan Community Center Contractor:
Revision History:
Engineering Approval:
10185 N Stelling Rd
Cupertino, CA 95014
AHJ: Cupertino, City of
311.46 kWstc, 273 kWAC
288.61 kW CEC-AC
Utility: PG&E
Rev # Date Description
1 3/3/2023 Original
215 Fourier Avenue
Fremont, CA, 94539
Suite 140
2 8/28/2024 Equipment
3 9/4/2024 Equipment
4 11/6/2024 Equipment
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Sports Center Conceptual Design
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Sports Center Carports Cupertino - Quinlan + Senior + Sports Centers, 10185 N STELLING
RD cupertino
Design Sports Center Carports
DC Nameplate 214.0 kW
AC Nameplate 172.0 kW (1.24 DC/AC)
Last Modied Taylor Bohlen (09/24/2024)
Design
Project Location
Component Name Count
Inverters S5-GC75K-US (Solis)1 (75.0 kW)
Inverters S6-GC25K-US (Solis)1 (25.0 kW)
Inverters S6-GC36K-US (Solis)2 (72.0 kW)
Strings 10 AWG (Copper)26 (1,628.9 ft)
Module Heliene Inc, 156HC-580 M10 SL Bifacial (580W)369 (214.0 kW)
Components
Description Racking Orientation Tilt Azimuth
Intrarow
Spacing
Frame
Size
Frames Modules Power
Field Segment 2
(copy)
Carport
Portrait
(Vertical)
7°270°1.6 ft 6x27 1 162
94.0
kW
Field Segment 1
(copy)
Carport
Portrait
(Vertical)
7°180°1.6 ft 3x17 1 51
29.6
kW
Field Segment 1
(copy 1)
Carport
Portrait
(Vertical)
7°180°1.6 ft 3x52 1 156
90.5
kW
Field Segments
Description Combiner Poles String Size Stringing Strategy
Wiring Zone 2 -5-17 Along Racking
Wiring Zone 3 -4-17 Along Racking
Wiring Zone -4-17 Along Racking
Wiring Zones
Design Overview produced by Taylor Bohlen
© 2024 Aurora Solar 1 / 2 November 01, 2024
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Detailed Layout
Design Overview produced by Taylor Bohlen
© 2024 Aurora Solar 2 / 2 November 01, 2024
Interconnection Point
Carport Array #1
(162 Modules)
Carport Array #3
(156 Modules)
Carport Array #2
(51 Modules)
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480 VAC (Nominal), 400 A (Min.)
125 A
Solis S5-GC75K-US
75 kW, 90.2 A, 480 VAC
COM To DAS
Inverter #1Carport #1 PV Modules
(162) Heliene 156HC-580 M10 SL Bifacial
AC Combiner Panel
Main Switchgear
To Utility Grid
400 A
277/480 VAC, 400 A
300 A
AC Disconnect
480 VAC (Nominal), 400 A (Min.)
Cutler-Hammer DH365FGK
Utility Meter
Meter #1010260937
DAS System
COM
COM
COMTo Inverter #1
To Inverter #5
60 A
Solis S6-GC36K-US
36 kW, 47.6 A, 480 VAC
COM To DAS
Inverter #3
60 A
Solis S6-GC36K-US
36 kW, 47.6 A, 480 VAC
COM To DAS
Inverter #4
50 A
Solis S6-GC25K-US
25 kW, 33.1 A, 480 VAC
COM To DAS
Inverter #2
Carport #3 PV Modules
(156) Heliene 156HC-580 M10 SL Bifacial
Carport #2 PV Modules
(51) Heliene 156HC-580 M10 SL Bifacial
CT
COM To Module Temp Sensor
To Irradiance Sensor
Project Location:
Project Details:
City of Cupertino - Sports Center Contractor:
Revision History:
Engineering Approval:
21111 Stevens Creek Blvd
Cupertino, CA 95014
AHJ: Cupertino, City of
214.02 kWstc, 197 kWAC
198.57 kW CEC-AC
Utility: PG&E
Rev # Date Description
1 3/2/2023 Original
215 Fourier Avenue
Fremont, CA, 94539
Suite 140
2 8/9/2024 System Size
3 8/28/2024 Equipment
4 9/4/2024 Equipment
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Section 2 – Construction Methodology, Equipment, and
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2.3 Project Equipment Lists
The following is a description of the major materials utilized in the conceptual design for each of the
project locations. Note that this equipment is listed to depict the conceptual design intent, and alternative
equipment manufacturers and models may be utilized to meet the minimum requirements detailed in this
report.
Full Portfolio Equipment List
Cupertino Portfolio Equipment List
Item Manufacturer Model # / Size Quantity
Modules Heliene Inc 156HC-580 M10 SL Bifacial 1846
Rapid Shutdown / Optimizers TIGO TS4-A-2F 180
Rapid Shutdown / Optimizers TIGO TS4-A-O 126
Inverters Solis S5-GC100K-US 2
Inverters Solis S5-GC90K-US 1
Inverters Solis S5-GC75K-US 3
Inverters Solis S6-GC60K-US 3
Inverters Solis S6-GC50K-US 2
Inverters Solis S6-GC36K-US 2
Inverters Solis S6-GC33K-US 2
Inverters Solis S6-GC25K-US 1
Panelboards TBD 480 VAC, 800A 1
Panelboards TBD 480 VAC, 450A 1
Panelboards TBD 480 VAC, 400A 1
Panelboards TBD 480 VAC, 300A 2
Panelboards TBD 480 VAC, 200A 1
Transformers TBD 500 kVA, 480:120/208 VAC 1
Transformers TBD 75 kVA, 480:120/208 VAC 1
Transformers TBD 75 kVA, 480:120/240 VAC, 3-Ph, 4-W 1
Disconnects TBD 240 VAC, 200 A, Fused 1
Disconnects TBD 240 VAC, 200 A, Unfused 1
Disconnects TBD 240 VAC, 2000 A, Fused 1
Disconnects TBD 600 VAC, 600A, Fused 1
Disconnects TBD 600 VAC, 400A, Fused 1
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Section 2 – Construction Methodology, Equipment, and
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Full Portfolio Equipment List (Continued)
Item Manufacturer Model # / Size Quantity
DAS AlsoEnergy PLCS400 3
DAS AlsoEnergy PLCS600 1
DAS AlsoEnergy
Custom: (System must include a module
temperature sensor, irradiance sensor, and CTs
with a 2000:5 CT ratio) 1
EV Chargers TBD 32A/Level 2 18
Blackberry Farm Equipment List
Blackberry Farm Equipment List
Item Manufacturer Model # / Size Quantity
Modules Heliene Inc 156HC-580 M10 SL Bifacial 126
Rapid Shutdown / Optimizers TIGO TS4-A-O 126
Inverters Solis S6-GC60K-US 1
Transformers TBD 75 kVA, 480:120/240 VAC, 3-Ph, 4-W 1
Disconnects TBD 240 VAC, 200 A, Fused 1
DAS AlsoEnergy PLCS400 1
EV Chargers TBD 32A/Level 2 2
Community Hall Equipment List
Community Hall Equipment List
Item Manufacturer Model # / Size Quantity
Modules Heliene Inc 156HC-580 M10 SL Bifacial 85
Rapid Shutdown / Optimizers TIGO TS4-A-2F 43
Inverters Solis S6-GC50K-US 1
Transformers TBD 75 kVA, 480:120/208 VAC 1
Disconnects TBD 240 VAC, 200 A, Unfused 1
DAS AlsoEnergy PLCS400 1
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Library Equipment List
Library Equipment List
Item Manufacturer Model # / Size Quantity
Modules Heliene Inc 156HC-580 M10 SL Bifacial 729
Rapid Shutdown / Optimizers TIGO TS4-A-2F 90
Inverters Solis S5-GC100K-US 1
Inverters Solis S5-GC75K-US 2
Inverters Solis S6-GC60K-US 2
Inverters Solis S6-GC33K-US 1
Panelboards TBD 480 VAC, 800A 1
Panelboards TBD 480 VAC, 300A 1
Panelboards TBD 480 VAC, 200A 1
Transformers TBD 500 kVA, 480:120/208 VAC 1
Disconnects TBD 240 VAC, 2000 A, Fused 1
DAS AlsoEnergy
Custom: (System must include a module
temperature sensor, irradiance sensor, and CTs with
a 2000:5 CT ratio) 1
EV Chargers TBD 32A/Level 2 8
Quinlan Community Center Equipment List
Quinlan Community Center Equipment List
Item Manufacturer Model # / Size Quantity
Modules Heliene Inc 156HC-580 M10 SL Bifacial 537
Rapid Shutdown / Optimizers TIGO TS4-A-2F 47
Inverters Solis S5-GC100K-US 1
Inverters Solis S5-GC90K-US 1
Inverters Solis S6-GC50K-US 1
Inverters Solis S6-GC33K-US 1
Panelboards TBD 480 VAC, 450A 1
Panelboards TBD 480 VAC, 300A 1
Disconnects TBD 600 VAC, 600A, Fused 1
DAS AlsoEnergy PLCS600 1
EV Chargers TBD 32A/Level 2 4
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Sports Center Equipment List
Sports Center Equipment List
Item Manufacturer Model # / Size Quantity
Modules Heliene Inc 156HC-580 M10 SL Bifacial 369
Inverters Solis S5-GC75K-US 1
Inverters Solis S6-GC36K-US 2
Inverters Solis S6-GC25K-US 1
Panelboards TBD 480 VAC, 400A 1
Disconnects TBD 600 VAC, 400A, Fused 1
DAS AlsoEnergy PLCS400 1
EV Chargers TBD 32A/Level 2 4
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Section 3 – Project Specifications and Technology
Evaluation 43
Section 3 – Project Specifications and
Technology Evaluation
3.1 Technical Specifications
General
● All power generation and transmission equipment must be UL listed for its designed use.
● Construction must comply with current adopted State Building Code, as amended by the
City of Cupertino, which encompasses:
o Most recently adopted California Building Code (CBC)
o Most recently adopted California Electric Code (CEC)
o Most recently adopted California Green Building Code
o Most recently adopted California Energy Code
o All other relevant local, state, and national codes
● There must be a minimum 1-year warranty for all materials and workmanship.
● All labor utilized on the project must meet prevailing wage and apprenticeship
requirements in the Inflation Reduction Act required to receive the full direct pay credit.
Balance of System Equipment
● Each proposed PV system shall include, at a minimum, one Visible Blade
AC disconnect for safety and maintenance concerns. System must comply
with all Utility interconnection requirements.
● Rooftop PV systems must include rapid shutdown, as required by code.
● String combiner boxes (if applicable) must include properly sized fusing,
and all metal equipment and components must be bonded and
grounded as required by the CEC.
● All system wiring and conduit must comply with applicable local code and CEC
stipulations.
● Wall penetrations must be sealed in compliance with CEC and National
Fire Protection Association (NFPA) regulations.
● All wiring materials and methods must adhere to industry-standard best practices.
o The conductors in the circuit between the AC disconnect switch
and point of interconnection must be copper (CU).
o All conductors shall be provided in conduit appropriate for the
conditions in which they are to be located, except conductors
between PV modules.
o Wiring insulation types shall be appropriate for the conditions
in which they are located.
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● Material requirements:
o Project must meet domestic content threshold for bonus ITC credit
under the Inflation Reduction Act.
o Fasteners and hardware throughout the systems shall be
stainless steel or material of equivalent corrosion resistance.
o Racking components and all structural members shall be
anodized aluminum, hot-dipped galvanized steel, or material of
equivalent corrosion resistance based on appropriate
environmental conditions.
o Unprotected steel not to be used in any components.
o All structural steel and iron must be 100% domestically
produced.
o Manufactured components must contain 45% (minimum)
domestic content across each project location. This domestic
content percentage must be 50% (minimum) if the project
begins in 2026.
o Modules utilized in the project must have a minimum of a 10-
year material warranty and 25-year power output guarantee.
o Power output guarantee must include a maximum of 2% first-
year degradation and 0.5% annual degradation.
o Modules utilized in the project must be from a tier 1 module
manufacturer.
o Inverters utilized in the project mush have a minimum of a 10-
year warranty.
Interconnection
● System interconnection must comply with CEC and Utility
regulations and must be approved by the local Utility and the
Authority Having Jurisdictions (AHJs).
● Interconnection points will be at facility main switchgear locations,
per Single Line Diagrams
● Emergency back-up generation may exist on-site and must be factored
into proposed PV system electrical plans.
● All placards required by the AHJ, the Utility, and/or State Solar Initiative
program must be provided and installed according to SES and CEC
guidelines.
Monitoring and Reporting Systems
● Monitoring shall include revenue-grade metering of PV system
production, a pyranometer, and a module temperature sensor.
● Monitoring system shall include an online portal with a graphical user
interface for the city to be able to remotely access site production and
weather data.
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● Respondent will be responsible for providing all required monitoring
communications and power wiring and conduit.
System Design and Permitting
● Construction plan set shall include (at a minimum):
o Site overview
o Detailed array layout with stringing configuration
o Mounting and racking details
o Details of electrical transmission showing conduit routing and
location of electrical enclosures, conduit support details, and
enclosure mounting details
o Electrical single-line diagram
o Electrical three-line diagram
o Monitoring plan
● All proposed system designs and construction techniques must be approved by the AHJ
● Wire loss in DC circuits to be < 1.5%.
● Wire loss in AC circuits to be < 3%.
● Minimum 30-year design life for structural members.
● Carports must have a minimum height of 10’.
● Where carport footprints encroach onto existing fire lanes, a minimum structure height of
13’-6” must be maintained.
EV Charging Requirements
● Carport projects located in parking lots must have EV chargers
and EV-ready spaces installed in accordance with CALGreen
Requirements, as amended by the Cupertino Municipal Code.
● EV charging stations must be fed by a dedicated subpanel, with
individual dedicated breakers for each charger.
Construction
● All electrical enclosures and equipment shall be installed to be
readily accessible to qualified personnel only.
● All visible conduits and electrical equipment shall be painted or
aesthetically dressed to match existing structures.
● Location of existing underground utilities must be marked by USA/Dig
Alert or equivalent private service prior to any underground work.
Contractor to utilize Ground Penetrating Radar to locate any private
utilities prior to drilling, boring, or trenching.
Commissioning
● Systems shall be commissioned in accordance with industry best
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Section 3 – Project Specifications and Technology
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practices, and include (at a minimum):
o Insulation resistance testing
o I-V Curve testing
o 7-day performance (capacity) testing
● Commissioning shall be completed at the conclusion of the
construction phase of the project.
● A commissioning report shall be prepared (encompassing all testing
performed, including the above required testing at minimum.) For
review and acceptance by the city before final completion of the
project.
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Section 3 – Project Specifications and Technology
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3.2 New Technology Evaluation
New technology options were evaluated as a part of this project, though no emerging technologies were
selected to be leveraged. One such technology that was investigated was building integrated, transparent
coatings for windows which generate solar energy; unfortunately, the sites which have been selected for
this project are not particularly well suited to this technology, as there are a limited number of windows at
these locations with ideal orientations and good solar access. Additionally, as this is an emerging
technology in the marketplace, there are risks inherent in being an early adopter. For a solar PV project,
which has an expected lifespan of 30 years, utilizing proven, bankable technologies to ensure that long
term value is captured from the systems in a predictable fashion is critical to ensure the ongoing viability
of the investment.
Each site was evaluated as a fit for this technology, though none were selected for the reasons specified
below:
Blackberry Farm:
-No large glass building facades
-Suboptimal facing of windows in existing structures for solar production
-Large number of separate structures would require significant underground work to connect the system
in a single location
-Significant shade cast on buildings prevents optimal energy production
Community Hall:
-No large glass building facades
-Significant shading from Library building would reduce solar production
Library:
-No large glass building facades
-Significant shading from nearby trees would significantly impact energy production
-Not enough available real estate on building facades to meet production needs
Quinlan Community Center:
-Significant shading from nearby trees would significantly impact energy production
-Not enough available real estate on building facades to meet production needs
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Sports Center:
-No large glass building facades
-Significant shading from nearby trees would significantly impact energy production
-Not enough available real estate on building facades to meet production needs
Thin-film solar modules were an alternative technology that was also considered for the project. The
benefits associated with these modules are that they are lower cost and lighter weight. While they do
provide excellent benefits, this module type tends to be less efficient and less durable than traditional
solar modules. With lower efficiency than traditional modules, more space is required to provide the same
electrical output when utilizing the thin-film module option. Due to the desire to maintain as many trees
as possible in the project, the additional real estate necessary to utilize this type of module on the project
would have likely come at the expense of additional trees needing to be removed. Furthermore,
maximizing the system’s durability is a priority on the project to ensure that the system encounters as few
issues as possible during its projected 30-year life cycle.
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Section 3 – Project Specifications and Technology
Evaluation 49
3.3 Energy Storage Evaluation
All five project locations were evaluated to determine the feasibility and efficacy of installing a battery to
provide site resilience and financial benefits for the city. Batteries can typically provide revenue in two
main ways. The first is by capturing low-cost energy at off-peak times and utilizing this energy to offset
higher-cost electrical usage during peak times (energy arbitrage.) The second is by discharging energy
during high-usage time periods on site to offset electrical demand charges (demand reduction.)
Under NEM2, the ability to generate cost savings through energy arbitrage is limited, as there is little cost
differential between on-peak and off-peak energy. Under NEM3, a battery can capture excess energy
which would be exported to the utility grid for minimal value, and instead consume this energy on site
during high-cost periods. As the average differential between NEM3 exported energy and retail energy
prices is significantly larger than the difference in retail price between time periods, there is a vastly
expanded opportunity for the energy storage system to provide cost savings when compared with NEM2
through energy arbitrage. As the systems approach the end of the 20-year NEM2 lock-in period, it is
recommended that the addition of a battery to these projects should be reevaluated.
Energy storage systems can also be utilized to mitigate electrical demand charges at a project location.
Demand charges are levied based on the maximum amount of electrical energy used within any 15 -
minute period throughout the billing cycle (typically a m onth.) The batteries can discharge energy during
these high-usage intervals, reducing the energy consumed in these windows to reduce the associated
demand charge. This benefit tends to complement solar PV systems, as the ability to target these high
usage periods is much greater with a controllable resource as opposed to one dependent on available
sunlight and weather conditions.
PV systems under NEM2 are particularly effective at offsetting energy charges, as excess energy produced
during any time period is credited to the customer at close to the retail rate of electricity, with the
difference in credited and retail value being equal to the non-bypassable charges associated with
consumed energy. This credited value can be used to offset the electrical energy charges accrued during
times of the day where the system is not producing energy (i.e. at night.) A solar PV system is much less
effective in offsetting demand charges when compared with energy charges. Because demand charges are
based on the highest-usage 15-minute interval within a billing period, which does not always occur in-line
with solar production, the system will not necessarily offset these charges. Even if the peak site usage
coincides with solar production, a new, lower peak will be recorded. The only ways to completely mitigate
demand charges are to not import any energy from the utility, or to reduce the demand to a level at
which the site becomes eligible for a utility rate schedule which does not include demand charges.
As the solar PV system in each location will be on NEM2, the additional financial benefit of a battery is
limited; however, there are two project locations (Quinlan Community Center and Sports Center,) where a
battery can be utilized to mitigate the site’s electrical demand to the point at which these sites will
become eligible for the B1 and B6 rate schedules, which do not include demand charges. For these rate
schedules, the marginal electrical costs are rolled into the energy portion of the bill which ca n be directly
offset by the PV system, allowing for much greater avoided costs from the system compared with a
standalone PV project on a rate schedule which includes demand charges.
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For the remaining sites, the project locations are either already on or are eligible for energy -only rate
schedules (Blackberry Farm and Civic Center,) or have a level of electrical demand that can’t be mitigated
to the point where the location is eligible for an energy-only rate schedule (Library.) The current estimated
benefit of cost avoidance utilizing batteries at these three locations is not sufficient to offset the estimated
costs of installing, maintaining, and operating these energy storage systems, and therefore is not
recommended at these locations.
The sites were also evaluated to determine how much energy storage would be needed to support
backup power for each location for a period of 1 and 2 days (in concert with the planned PV system at
each site.) The estimated battery size required for each of these outcomes is shown in the table below:
City of Cupertino Battery Evaluation Summary
Project Location Rate Change* 1 Day Backup 2 Days Backup
Blackberry Farm N/A 200 kWh 350 kWh
Civic Center N/A 300 kWh 575 kWh
Library N/A 2,000 kWh 3,850 kWh
Sports Center 225 kWh 650 kWh 1,150 kWh
Quinlan Community Center 200 kWh 500 kWh 800 kWh
*The addition of EV chargers for each of these projects may impact each site’s electrical demand. The power available for use at each
charger will need to be managed by a load-management system (in concert with the energy storage system) to ensure car charging
doesn’t adversely impact the ability of the battery to provide the demand reduction necessary to facilitate a rate change.
This is a high-level evaluation of what would be needed to support full site backup for the listed
durations; there is also flexibility to design a microgrid system to support only critical electrical loads,
which would have a significant impact on the backup duration that could be provided from a battery of a
similar size. In order to design an ideal microgrid for each location, a detailed review of project goals and
requirements would need to be undertaken.
Of note, in order to accommodate full-facility backup operation of each of these project locations,
significant infrastructure upgrades will be necessary – while there are multiple options available to
facilitate this full-facility backup, significant reconfigurations and/or upgrades to the electrical capacity of
the sites’ switchgears would be necessary. These infrastructure upgrades can likely be mitigated if a
smaller scale, critical-load backup was desired in place of full-facility backup.
Infrastructure upgrades at the Sports Center and Quinlan Community Center would not be required to
utilize the needed size of energy storage system to provide the electrical demand reduction necessary for
a change in rate schedule. Upgrades would not be necessary at these locations for demand reduction
functionality, as the systems would not need to function during a power outage. As a result, the resources
could be connected on the utility’s side of the main breaker, allowing the systems to avoid size restrictions
in the CEC associated with connections on the customer’s side of the main breaker. Please note that this
analysis is based on the customer’s infrastructure – upgrades to utility infrastructure (transformer, service
conductors, etc.) may still be required for these options.
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Section 3 – Project Specifications and Technology
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Appendix A – Equipment Cut Sheets
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156HC M10 SL Bifacial Module
156 Half-Cut Monocrystalline 565W – 585W
Bifacial Technology Enabling Additional Energy
Harvest from Rear Side
Half-Cut Design with Split Junction Box Technology
2% First Year Degradation & 0.5% Annual Power Degradation
21%
Utilizes the latest M10 size super high efficiency
Monocrystalline PERC cells. Half cut design
further reduces cell to module (CTM) losses.
Hail Resistance
Framed Glass-backsheet construction is ideal
for Hail resistance upto 55mm.
Anti-Reflective
Premium solar glass with anti reflective coating
delivers more energy throughout the day
High Reliability
Proven resistance to PID and reliable in high
temperature and humidity environments.
No Compromise Guarantee
15 Year Product Warranty
25 Year Linear Performance Guarantee
World-class Quality
• Heliene’s fully automated manufacturing
facilities with state-of-the-art robotics
and computer aided inspection systems
ensure the highest level of product
quality and consistency
• All manufacturing locations are
compliant with international quality
standards and are ISO 9001 certified
• Heliene modules have received
Top Performer rankings in several
categories from PV Evolution Labs (PV
EL) independent quality evaluations
Bankable Reputation
• Established in 2010, Heliene is recognized
as highly bankable Tier 1 manufacturer of
solar modules and has been approved for
use by the U.S. Department of Defense,
U.S. Army Corps of Engineers and from
numerous top tier utility scale project debt
providers
• By investing heavily in research and
development, Heliene has been able to stay
on the cutting edge of advances in module
technology and manufacturing efficiency
Local Sales, Service, and Support
• With sales offices across the U.S.
and Canada, Heliene prides itself on
unsurpassed customer support for
our clients. Heliene has become the
brand of choice for many of the leading
residential installers, developers and
Independent Power Producers due
to our innovative technology, product
customization capability and just in
time last-mile logistics support
• Local sales and customer support
means answered phone calls and
immediate answers to your technical
and logistics questions. We understand
your project schedules often change
with little warning and endeavor to
work with you to solve your project
management challenges
156HC M10 SL Bifacial Module
Manufactured Using International Quality
System Standards: ISO9001
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156HC M10 SL Bifacial Module
Dimensions for 156HC M10 SL Bifacial Series Modules
I-V Curves for 156HC M10 SL Bifacial Series Modules
The specifications and key features contained in this datasheet may deviate slightly from our actual products due to the ongoing
innovation and product enhancements. Heliene Inc. reserves the right to make necessary adjustment to the information described herein
at any time without prior notice. PV modules should be handled and installed only by qualified people. Please carefully read safety and
installation instructions available for download from Heliene website before using Heliene PV modules. For warranty details, please refer
to Product Warranty Document, also available for download from Heliene website.
Electrical Data (STC)
Peak Rated Power*Pmpp (W)585 580 575 570 565
Maximum Power Voltage Vmpp (V)45.85 45.64 45.44 45.23 45.02
Maximum Power Current Impp (A)12.77 12.70 12.64 12.58 12.52
Open Circuit Voltage*Voc (V)54.41 54.13 53.86 53.59 53.32
Short Circuit Current**Isc (A)13.50 13.48 13.46 13.44 13.42
Module Efficiency Eff (%)20.9 20.8 20.6 20.4 20.2
Maximum Series Fuse Rating MF (A)30 30 30 30 30
Power Sorting Range [- 0/+3%]
Bifaciality Factor***70 ± 5%
Mechanical Data
Solar Cells 156 Half Cut, M10, 182mm, PERC Cells
Module Construction Framed Glass–Backsheet
Dimensions (L x W x D)2464 x 1134 x 35 mm (97.01 x 44.65 x 1.38 inch)
Weight 31 kg (68.34 lbs)
Frame Double Webbed 15-Micron Anodized Aluminum Alloy
Glass 3.2mm Low-Iron Content, High-Transmission, PV Solar Glass with Anti
Reflective Coating
Junction Box IP-68 rated with 3 bypass diodes
Output Cables 4mm2 (12AWG), 0.3-meter Symmetrical Cables
Optional: 1.2-meter Symmetrical Cables upon request
Connectors Multi-Contact/ Stäubli MC4
HSPE_156HC_M10_SL_Bifacial_Rev.02.pdf
Temperature Ratings
Nominal Module Operating
Temperature (NMOT)+45°C (±2°C)
Temperature Coefficient of Pmax -0.34%/°C
Temperature Coefficient of Voc -0.25%/°C
Temperature Coefficient of Isc 0.05%/°C
Certifications
UL Certification UL61215, UL61730
Maximum Ratings
Operational Temperature -40°C to +85°C
Max System Voltage 1500V
Mech. Load Test (Front)113 psf / 5400 Pa
Mech. Load Test (Back)50 psf / 2400 Pa
Fire Type Type 1
Electrical Data (NMOT)
Maximum Power Pmpp (W)436 432 429 425 421
Maximum Power Voltage Vmpp (V)43.56 43.36 43.17 42.97 42.77
Maximum Power Current Impp (A)10.01 9.97 9.93 9.89 9.85
Open Circuit Voltage Voc (V)51.68 51.43 51.17 50.91 50.66
Short Circuit Current Isc (A)10.91 10.89 10.88 10.86 10.84
NMOT - Nominal Module Operating Temperature:
Irradiance at 800W/m2, Ambient Temperature 20ºC, Wind speed 1m/s
June 5th, 2024
546W
436W
328W
217W
106W
0
2
4
6
8
10
12
14
16
0 10 20 30 40 50 60
CU
R
R
E
N
T
[
A
]
VOLTAGE [V]
HELIENE INC. 156HC-585 M10 SL BIFACIAL
Incident Irrad. = 1000W/m2
Incident Irrad. = 800W/m2
Incident Irrad. = 600W/m2
Incident Irrad. = 400W/m2
Incident Irrad. = 200W/m2
At NMOT
Incident Irrad. = 1000W/m2
0
2
4
6
8
10
12
14
16
0 10 20 30 40 50 60
CU
R
R
E
N
T
[
A
]
VOLTAGE [V]
HELIENE INC. 156HC-585 M10 SL BIFACIAL
Cells temp = 10°C, Pmpp=614W
Cells temp = 25°C, Pmpp=585W
Cells temp = 40°C, Pmpp=556W
Cells temp = 55°C, Pmpp=526W
Cells temp = 70°C, Pmpp=494W
6 5 4 3 2 1
6 5 4 3 2 1
A
B
C
D
DESCRIPTIONREV.DATE
DOCUMENT TITLE:
DRAWN BY
REVIEWED BY
DATE
THIRD ANGLE
PROJECTION
TOLERANCES, UNLESS OTHERWISE SPECIFIED:
COPYRIGHT HELIENE:
THIS DOCUMENT AND DATA DISCLOSED HEREIN OR HEREWITH IS PROPRIETARY AND MAYNOT BE REPRODUCED, USED OR DISCLOSED IN WHOLE OR IN PART WITHOUT WRITTENPERMISSION FROM HELIENE.C
X ± 1
X.X ± 0.1
LINEAR:ANGULAR: X ± 1
X.X ± 0.1
UNIT:
MILIMETER(MM)
NAME
APPROVED BY
PART NUMBER:SHEETS:
Xinyan Bai
DRAWN
REVIEWER
APPROVER
Parth Bhatt
1/1
Krishna Bharatia 2022-10-19
2022-10-19
2022-10-19
156HC M10 SPEC SHEET
00 Initial Release 2022-05-07
35 x 2
4 - Ø7 x 10
Mounting Hole
8 - Ø9 x 14
Mounting Hole
4 - Ø4
Grounding Hole
1134
40
0
80
0
14
0
0
4 x Drainage Holes
5 x 5
8 x Drainage Holes
8 x 3
20
x
2
24
6
4
35
1085 x 6
35
35 35
20
A - A (1:10)B - B (1:10)
A A
B
B
53
2
83
2
10
3
2
Warranty
15 Year Product Warranty
25 Year Linear Power Guarantee
Packaging Configuration
Modules per Pallet 40’ Container:31 pieces
Modules per 40’ Container: 620 pieces
Modules per Pallet 53’ Trailer:28 pieces
Modules per 53’ trailer: 588 pieces
STC - Standard Test Conditions: Irradiation 1000 W/m2 - Air mass AM 1.5 - Cell temperature 25 ºC,
*Pmpp Production Tolerance ± 3%, *Voc Production Tolerance ± 3%, **Isc Production Tolerance ± 4%
***Bifaciality Factor= Pmpprear/Pmppfront where Pmpprear and Pmppfront are tested at STC
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ussales@solisinverters.com
S5-GC(75-100)K-US
Solis Three Phase Grid-Tied Inverters
Models:
S5-GC75K-US / S5-GC80K-US
S5-GC90K-US / S5-GC100K-US
Efficient
Smart
Safe
• 8/9/10 MPPTs, max. efficiency 98.8%
(CEC efficiency 98.3%)
• > 1.5 DC/AC ratio
• String current up to 16A for higher
capacity modules
• Intelligent string monitoring, smart I-V curve scan
• Remote firmware upgrade with simple operation(1)
• Type 4X, C5 Anti-Corrosion Level
• UL 1741 SA and SB
• External signal control function
• Integrated nighttime PID recovery for optimal module performance
• AFCI protection, proactively reduces fire risk
• High quality components from globally recognized suppliers
Economic
• DC side supports "Y" connector
360º View
Ordering: S5-GC(75-100)K-US
• APST (APS MLRSD Transmitter)
• RSS (Tigo MLRSD Transmitter)
• NEPT (NEP MLRSD Transmitter)
(1) Requires the user to use Solis monitoring
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www.solisinverters.com
DATASHEET S5-GC(75-100)K-US
Models 75K 80K 90K 100K
Ordering guidelines: Determine the basic model and add your desired features from above.
Ex: S5-GC75K-US-APST (Inverter with APS transmitter)
Input DC
Max. input voltage 1000 V
Rated voltage 600 V
Start-up voltage 195 V
MPPT voltage range 180-1000 V
Max. input current 8*32 A 9*32 A 10*32 A
Max. short circuit current 8*50 A 9*50 A 10*50 A
MPPT number/Max. input strings number 8/16 9/18 10/20
Output AC
Rated output power 75 kW 80 kW 90 kW 100 kW
Max. apparent output power 75 kVA 80 kVA 90 kVA 100 kVA
Max. output power 75 kW 80 kW 90 kW 100 kW
Rated grid voltage 3Ф/PE, 480 V
Rated grid frequency 60 Hz
Max. output current 90.2 A 96.2 A 108.3 A 120.3 A
Power Factor >0.99 (0.8 leading - 0.8 lagging)
THDi <3%
Efficiency
Max. efficiency 98.7%98.8%
CEC efficiency 98.3%98.2%
Protection
DC reverse-polarity protection Yes
Surge protection DC Type II / AC Type II
Ground fault monitoring Yes
Anti-islanding protection Yes
Strings monitoring Yes
I/V Curve scanning Yes
Rapid shutdown Yes
Integrated AFCI (DC arc-fault circuit protection)Yes
Integrated PID recovery Yes
AC switch Yes
General Data
Dimensions (W*H*D)41.9*22.3*13.6 in (1065*567*344.5 mm)
Weight 187 lbs (85 kgs)
Topology Transformerless
Self-consumption (night)<2 W
Relative humidity 0-100%
Operating ambient temperature range -22°F to 140°F (-30°C to +60°C )
Storage environment -40°F to 176°F (-40°C to 80°C)
Ingress protection TYPE 4X
Cooling concept Intelligent redundant fan-cooling
Max. operation altitude 13,120 ft (4000 m)
Compliance UL1741SB, UL1741SA, IEEE 1547-2018, UL1699B, UL1998, FCC Part15 ClassB, California Rule 21,
Heco Rule 14H, NEC 690.12-2020, CAN/CSA C22.2107.1-1
Features
DC connection MC4 connector
AC connection OT Terminal (max. 350 MCM)
Display LCD
Communication RS485, Ethernet, Optional: Wi-Fi, Cellular
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S6-GC(25-60)K-US
Solis Three Phase Grid-Tied Inverters
Models:
S6-GC25K-US / S6-GC33K-US
S6-GC36K-US / S6-GC40K-US
S6-GC50K-US / S6-GC60K-US
Ordering: S6-GC(25-60)K-US
• APST (APS MLRSD Transmitter)
• RSS (Tigo MLRSD Transmitter)
• NEPT (NEP MLRSD Transmitter)
英语
NEWNEW
Efficient
Smart
Safe
Economic
• Max. efficiency 98.8% (CEC efficiency 98.5%)
• String current up to 20A
• 3/4 MPPT design, supports multiple orientation
system design
• Night time PID recovery function, increases
overall system yield (optional)
• Wide voltage range and low startup voltage
• Equipped with external power control interface,
supporting zero output power control
• Intelligent string monitoring, smart I-V curve scan
• Supports RS485, Ethernet, WiFi, Cellular
• Scan to register on SolisCloud, supports remote
upgrade and control
• Type 4X, C5 Anti-Corrosion Level
• AFCI protection, proactively reduces fire risk
• Intelligent redundant fan-cooling
• Integrated module level rapid shutdown
transmitter
• High quality components from globally
recognized suppliers
• Integrated DC and AC disconnects
• > 1.5 DC/AC ratio
• Supports high power modules for lower
installation costs
• Separable AC wiring box
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Input DC
Max. input voltage 1000 V
Rated voltage 720 V
Start-up voltage 180 V
MPPT voltage range 180-1000 V
Max. input current 3*40 A 4*40 A
Max. short circuit current 3*63 A 4*63 A
MPPT number/Max. input strings number 3/6 4/8
Output AC
Rated output power 25 kW 33 kW 36 kW 40 kW 50 kW 60 kW
Max. apparent output power 27.5 kVA 36.3 kVA 39.6 kVA 44 kVA 55 kVA 66 kVA
Max. output power 27.5 kW 36.3 kW 39.6 kW 44 kW 55 kW 66 kW
Rated grid voltage 3Ф/PE, 480 V
Rated grid frequency 60 Hz
Max. output current 33.1 A 43.7 A 47.6 A 52.9 A 66.2 A 79.4 A
Power factor >0.99 (0.8 leading - 0.8 lagging)
THDi <3%
Efficiency
Max. efficiency 98.8%
CEC efficiency 98.5%
Protection
DC reverse-polarity protection Yes
Short circuit protection Yes
Output over current protection Yes
Surge protection DC Type II / AC Type II
Grid monitoring Yes
Anti-islanding protection Yes
Temperature protection Yes
Strings monitoring Yes
I/V Curve scanning Yes
Integrated AFCI (DC arc-fault circuit protection)Yes
Integrated PID recovery Optional
Integrated DC switch Yes
Integrated AC switch Yes
General Data
Dimensions (W*H*D)30.9*21.6*12.6 in (784*549*320 mm)
Weight 96.3 lbs (43.7 kgs)105.4 lbs (47.8 kgs)108.7 lbs (49.3 kgs) 110.5 lbs (50.1 kgs)
Topology Transformerless
Self-consumption (night)<1 W
Relative humidity 0-100%
Operating ambient temperature range -13°F to 140°F (-25°C to 60°C)
Ingress protection TYPE 4X
Cooling concept Natural convection
Max. operation altitude 13,120 ft (4000 m)
Compliance UL1741SB, UL1741SA, IEEE 1547-2018, UL1699B, UL1998, FCC Part15 ClassB, California Rule 21,
Heco Rule 14H, NEC 690.12-2020, CAN/CSA C22.2107.1-1
Features
DC connection MC4 connector
AC connection OT terminal (4 AWG to 3/0 AWG)
Display LCD
Communication Modbus RTU (Sunspec compliant), RS485, Optional: Cellular, Wi-Fi
DATASHEET S6-GC(25-60)K-US
Models 25K 33K 36K 40K 50K 60K
30上市
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Standardized PLCS 600 includes:
• DataLogger with LCD touchscreen display
• Revenue grade energy meter compatible with all
5A CTs (sold separately)
• Two optional weather station choices may add data
for irradiance, back-of-module panel temperature,
ambient temperature, and wind speed
• 5-port Ethernet switch
• NEMA4 weatherproof enclosure
• Optional 4G cell modem (requires a cellular plan)
AlsoEnergy’s vertically-integrated, edge-to-cloud platform includes a convenient standardized hardware
monitoring solution for small to mid-sized commercial PV systems. The PLCS 600 combines our standard
commercial datalogger with a revenue grade meter, a weatherproof NEMA 4 enclosure, and other supporting
hardware. Customers may choose to add weather sensors and/or a cellular modem. The PLCS 600 is
recommended for 3-phase systems with up to 20 external inverters. Performance data is uploaded to
PowerTrack, AlsoEnergy’s flagship cloud-based application for monitoring, managing, and optimizing energy
and financial performance of clean energy assets.
DATA SHEET
Solution Features
• Up to 20 external inverters
• Modbus via RS-485 or TCP
connections to inverters
• Cellular or Ethernet connectivity
• Remote firmware updates
• Up to 1-minute data granularity
• Uploads at 5-minute intervals
• Suitable for demand meter, relay,
other non-PV use cases
• For systems with a single metering
point; direct metering or PT
secondary voltage up to 600VAC
• Satisfies reporting requirements for
most US electricity sector agencies
• All parts except weather sensors and
cell modem covered with standard
AlsoEnergy 5-year warranty
• Supported on PowerTrack only
engineering & project management
teams
PLCS-600-CM-PLUS + cell modem, + reference cell, BOM panel temperature,
ambient temperature, wind speed
PLCS-600-CM-BASE + cell modem, + reference cell, BOM panel
temperature
PLCS-600-CM-00 + cell modem, no environmental sensors
PLCS-600-00-PLUS no cell modem, + reference cell, BOM panel
temperature, ambient temperature, wind speed
PLCS-600-00-BASE no cell modem, + reference cell, BOM panel
temperature
PLCS-600-00-00 no cell modem, no environmental sensors
PLCS 600:
PowerLogger Commercial
Solution 600
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ASSEMBLY
Enclosure dimensions 15.7" x 15.7" x 7.9" (400mm x 400mm x 200mm)
Enclosure rating NEMA4
Operating temperature -13° to 158°F (-25° to 70°C), <95% relative
humidity non-condensing
Power supply 120-277VAC
Communication ports Three available 10/100 Ethernet ports, two
half-duplex rs485 ports
Regulatory UL listed 508A
DATALOGGER
Devices supported Up to 40 connected Modbus RTU enabled devices
(20 per rs485 port) / Recommended limit 32
Storage Removable 2GB industrial rated micro SD card
Serial RS-485 with integrated 120 ohm termination resistor
Primary protocols Modbus TCP, Modbus RTU, most proprietary inverter
protocols
Touch screen Color, resistive touch screen 2" by 2.75"
Warranty Standard 5-year warranty
METER
Voltage inputs 90-600VAC
Accuracy Meter 0.2% (see CT datasheet for CT accuracy
information)
CTs Any CT with 5A secondary current ratio (sold
separately)
CT accuracy Refer to CT datasheet
Warranty Standard 5-year warranty
IRRADIANCE SENSOR
(included with Base and Plus weather station option)
Irradiance sensor type Monocrystalline Silicon reference cell with mounting
bracket and 3m twisted pair shielded cable
Absolute accuracy ±5W/m2 ± 2.5% of reading
Dimensions 3.34” W x 6.10” H x 1.54” D
(85mm x 155mm x 39mm)
Warranty 1 year against defects in materials and workmanship
BACK OF MODULE PANEL TEMPERATURE SENSOR
(included with Base and Plus weather station option)
Form 3m cable with 3-pin connector compatible with paired
reference cell - sensor cable cannot be extended
Sensor type PT1000 Class A
Mounting Self-adhesive for attaching to a solar module
Warranty 1 year against defects in materials and workmanship
WIND SPEED SENSOR
(included with Plus weather station option)
Form Cup star anemometer with 5m 2-pin connector
compatible with paired reference cell
Sensor type Reed relay
Mounting Mounting bracket for pole or surface mounting
included
Accuracy 0.5 m/s or 5% of reading
Sensor range 0.9 – 40m/s (2 – 90 mph)
Warranty 1 year against defects in materials and workmanship
AMBIENT TEMPERATURE SENSOR
(included with Plus weather station option)
Voltage inputs 90-600VAC
Accuracy Meter 0.2% (see CT datasheet for CT accuracy
information)
CTs Any CT with 5A secondary current ratio (sold
separately)
Warranty Standard 5-year warranty
IRRADIANCE SENSOR
(included with Base and Plus weather station option)
Form Pt1000 1/3 Class B with integrated modbus RTU
digitizer
Dimensions 3.34" W x 6.10" H x 1.54" D
(85mm x 155mm x 39mm)
Wiring Includes 3 meters of twisted-pair, shielded cable
Warranty 1 year against defects in materials and workmanship
CELL MODEM
Cellular data 4G LTE
Warranty 1 year
Specifications: PLCS-600
DATA SHEET
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PLCS 400: Power Light
Commercial Solution 400
AlsoEnergy’s vertically-integrated, edge-to-cloud platform includes a cost-effective standardized hardware
monitoring solution for light commercial PV systems. The PLCS 400 is designed for 3-phase systems with up
to 16 external inverters. Performance data is uploaded to the PowerTrack or LocusNOC applications, which
provide a suite of tools and analytics for asset managers. A successor for the Locus LGate 320, the PLCS
400 provides direct monitoring of inverters across all supported inverter technologies.
DATA SHEET
Product Qualifications
• PLCS 400 logs data during daylight hours only;
for demand metering applications the PL1000 is
recommended
• PLCS 400 has a fixed range of supported inverter models
for clients using LocusNOC software. The full list of
supported inverters is https://kb.alsoenergy.com/article.
php?id=1418
Standardized PLCS 400
system includes:
• DataLogger with LCD touchscreen display
• Energy meter with 3 solid core CTs
(revenue grade accuracy)
• Weather station with irradiance
sensor, mounting bracket, and module
temperature sensor
• 5 port Ethernet switch
• NEMA4 weatherproof enclosure
• Optional 4G cell modem (requires a
cellular plan)
Solution Features
• Up to 16 external inverters
• Modbus via RS-485 or TCP
connections to inverters
• Cellular or Ethernet connectivity
• Remote firmware updates
• 5-minute data granularity
• Uploads at 2 hour intervals
• Satisfies most US agency
reporting requirements
• For systems up to 325kW
utilizing 480V inverters (140kW
@ 208V)
• All parts covered with standard
AlsoEnergy 5-year warranty
(excluding irradiance sensor
and cell modem)
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ASSEMBLY
Enclosure dimensions 15.7" x 15.7" x 7.9" (400mm x 400mm x 200mm)
Enclosure rating NEMA4
Operating temperature -13° to 158°F (-25° to 70°C), <95% relative humidity non-condensing
Power supply 120-277VAC
Ports Three available 10/100 Ethernet ports
DATALOGGER
Devices supported Up to 16 inverters – only inverters supported as external devices
Storage Removable 2GB industrial rated micro SD card
Serial RS-485 with integrated 120 ohm termination resistor
Primary protocols Modbus TCP, Modbus RTU, most proprietary inverter protocols
Touch screen Color, resistive touch screen 2" by 2.75"
Warranty Standard 5 year warranty
METER
Voltage inputs 90-600VAC
Accuracy Class 0.5S
CTs 3 solid core CTs with 1.25 inch opening; rated input up to 400 Amp
CT accuracy ±0.5% revenue grade accuracy
Regulatory UL listed 508A
Warranty Standard 5 year warranty
CELL MODEM
Cellular data LTE Cat M1
Warranty 1 year
IRRADIANCE SENSOR
Pyranometer type Silicon cell with mounting bracket
Absolute accuracy ±5%
Dimensions 1.12" H x 0.93" D (28.32mm x 23.5mm)
Wiring Includes 5 meters of twisted-pair, shielded wire with Santoprene jacket
Operating temperature -13° to 131°F (-25° to 55°C)
Warranty 1 year against defects in materials and workmanship
PANEL TEMPERATURE SENSOR
Form Thermal tab disk with 10 ft lead to an outdoor enclosure with a 4-20mA transmitter
Sensor type Platinum RTD 1K
Mounting Self-adhesive ring for attaching to a solar module
Operating temperature -40 to 185°F (-40 to 85°C)
Transmitter range Transmitter can be extended 1000 ft from enclosure with 18AWG cable
Warranty Standard 5 year warranty
Specifications: PLCS-400 / PLCS-400-CM
DATA SHEET
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Attachment D
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CITY OF CUPERTINO
Agenda Item
24-13508 Agenda Date: 12/3/2024
Agenda #: 13.
Subject: Approve the third amendment to the City Attorney’s employment contract and revise the
Appointed Employees’ Compensation Program
A. Adopt Resolution No. 24-112 approving the third amendment to the City Attorney’s employment
contract;
B. Adopt Resolution No. 24-113 to amend the Appointed Employees’ Compensation Program effective
December 3, 2024; and
C. Adopt Resolution No. 24-114 approving Budget Modification No. 2425-370, increasing
appropriations by $19,691, resulting in the use of unassigned fund balance of $19,691
Presenter: Kristina Alfaro, Director of Administrative Services
CITY OF CUPERTINO Printed on 11/26/2024Page 1 of 1
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RESOLUTION NO. ________
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING THE THIRD AMENDMENT TO THE
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND CHRISTOPHER D. JENSEN, CITY
ATTORNEY, AND AUTHORIZING THE MAYOR TO EXECUTE
THE CONTRACT
________________________________________________________________________
____________________________________________________________________
WHEREAS, the City Council desires to increase the pay to the City
Attorney to an annual base salary of $310,500 effective December 3, 2024; and
WHEREAS, on January 1, 2026, the City Attorney’s salary shall be increased
by the same percentage and at the same time as any discretionary across-the-board
increase in base annual compensation granted to exempt management employees
covered by the Unrepresented Employees’ Compensation Program; and
WHEREAS, the City Council desires to increase severance payment from
three (3) months to nine (9) months aggregate salary and medical benefit
allowance; and
WHEREAS, the terms, conditions and provisions of the Third
Amendment to Employment Agreement have been reviewed and approved by
the Senior Assistant City Attorney; and
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
approve the aforementioned Third Amendment to the Employment Agreement
and authorizes the Mayor to execute said agreement on behalf of the City of
Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 3rd day of December 2024, by the following vote:
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Resolution No. __________________
Page 2
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Sheila Mohan, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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THIRD AMENDMENT TO EMPLOYMENT AGREEMENT FOR CITY ATTORNEY
This Third Amendment to Employment Agreement (the “Agreement”) is made and entered into
this 3rd day of December, 2024, by and between the CITY OF CUPERTINO, STATE OF
CALIFORNIA, a Municipal Corporation, by and through its City Council (“EMPLOYER”), and
Christopher D. Jensen (“EMPLOYEE”) and, together with EMPLOYER, the “PARTIES”.
RECITALS:
A. EMPLOYER is a Municipal Corporation of the State of California.
B. The City Council of the City of Cupertino, in accordance with the provisions of its
Municipal Code, desires to employ the services of EMPLOYEE as City Attorney.
C. EMPLOYEE desires to accept employment as Cupertino City Attorney.
D. It is the desire of both EMPLOYER and EMPLOYEE to set forth the terms and
conditions of said employment.
E. The PARTIES now wish to amend the Agreement with this Third Amendment to
Agreement.
NOW THEREFORE, in consideration of the mutual covenants herein contained, the PARTIES
agree as follows:
ARTICLE III: COMPENSATION
Section 3.01 Compensation
A. EMPLOYER agrees to pay to EMPLOYEE for services rendered by him pursuant to this
Agreement an annual base salary of $310,500, payable at the same time as other employees of
EMPLOYER are paid.
B. Beginning on January 1, 2026, EMPLOYEE’s salary shall be increased by the same percentage
and at the same time as any discretionary across-the-board increase in base annual compensation granted
to exempt management employees covered by the Unrepresented Employees’ Compensation Program.
EMPLOYEE’s salary shall be paid on a bi-weekly basis at the same time as other employees of the City
are paid. Such salary shall be adjusted for payroll taxes, workers' compensation, and other payroll-related
liability costs as determined by the City.
ARTICLE V: SEPARATION FROM CITY SERVICE AND NOTICE
Section 5.01 Termination of Employment by City and Severance
B. If the EMPLOYEE is terminated by EMPLOYER prior to expiration of this Agreement while
still willing and able to perform the duties of the City Attorney, EMPLOYER agrees to pay EMPLOYEE
a single lump sum payment made on the effective date of termination in an amount equivalent to nine (9)
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months aggregate salary and aggregate medical benefit allowance if there are nine (9) or more months
prior to the expiration date of this Agreement. Any such payment will release EMPLOYER from any
further obligations under this Agreement. As a condition precedent to EMPLOYER’s willingness to
provide said severance payment, EMPLOYEE agrees to execute and deliver to EMPLOYER a release
releasing EMPLOYER of all claims that EMPLOYEE may have against EMPLOYER and
contemporaneously provide said release to EMPLOYER at the time of the severance payment is made to
EMPLOYEE in a form mutually acceptable to the PARTIES.
Any severance payment shall exclude all other benefits such as retirement, vision, and dental
benefits. In addition, vacation and sick leave accrual shall immediately cease upon the date of City’s
notification to EMPLOYEE that his employment will be terminated. The severance pay shall be computed
from the effective date of EMPLOYEE’s termination. The intent of these provisions is to comply with
Government Code section 53260.
All other terms and conditions of the Agreement and any amendments shall be unchanged and
remain in full force and effect.
IN WITNESS WHEREOF, EMPLOYER has caused this Agreement to be signed and executed in
its behalf by its Mayor, and duly attested by its City Clerk, and EMPLOYEE has signed and executed this
Agreement, both in duplicate, to be effective the day and year first above written.
ATTEST: CITY OF CUPERTINO
Date: ____________________________ Date: ____________________________
_________________________________ _________________________________
“EMPLOYEE” Mayor
_________________________________
City Clerk
APPROVED AS TO FORM:
_____________________________________
Senior Assistant City Attorney
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RESOLUTION NO. ________
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AMENDING THE APPOINTED EMPLOYEES’ COMPENSATION
PROGRAM
WHEREAS the City Council desires to amend the Appointed
Employees’ Compensation Program.
NOW, THEREFORE, BE IT RESOLVED that the Appointed Compensation
Program be amended which is incorporated in this resolution by this reference
and attached as Attachment E.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 3rd day of December 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
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 1
PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY
It is City of Cupertino policy that those certain persons holding positions hereinafter defined
and designated as appointed management employees by the City Council in the City Manager's Office
and the City Attorney’s Office shall be eligible for participation in the Appointed Employees'
Compensation Program as hereby adopted by action of the City Council and as same may be amended
or as otherwise modified from time to time.
Eligibility for inclusion in this Compensation program is limited to persons appointed
by the City Council and holding positions as management employees in the City Manager’s
Office and the City Attorney’s Office, as defined under section 2.52.290 of the Cupertino
Municipal Code. Eligible persons are designated by the Appointing Authority and may be
modified as circumstances warrant.
Although subject to change in accordance with the Personnel Code, the positions in the
following classifications have been designated as appointed employees.
MANAGEMENT CLASSIFICATIONS:
Classification Title
City Manager
City Attorney
In the event of any inconsistency between the Compensation Program and any Employment
Contracts, the provisions of the Employment Contract and any amendments thereto control.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019, August 18, 2020, June 15, 2021, November 16, 2021, July 19, 2022
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 2
SALARY SCHEDULE
AND OTHER SALARY RATES
It is City of Cupertino policy that eligible persons under this Compensation Program shall
be compensated for services rendered to and on behalf of the City on the basis of equitable pay
for duties and responsibilities assigned, meritorious service and comparability with similar work
in other public and private employment in the same labor market; all of which is contingent upon
the City's ability to pay consistent with its fiscal policies. The City Manager and City Attorney
salaries will be set by contract.
Adopted by Action of the City Council July 1, 2010
Revised October 2, 2012
Revised December 18, 2012, October 2016, September 6, 2017, November 6, 2017, January 7, 2019,
July 16, 2019, August 18, 2020, November 16, 2021, July 19, 2022, December 3, 2024
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 3
TRAINING AND CONFERENCES
I. POLICY
It is City of Cupertino policy that eligible persons under this Compensation Program shall
be reimbursed or receive advances in accordance with the schedules, terms and conditions
as set forth herein for attendance at conferences, meetings and training sessions as defined
below for each. It is the intent of this policy to encourage the continuing education and
awareness of said persons in the technical improvements and innovations in their fields of
endeavor as they apply to the City or to implement a City approved strategy for attracting
and retaining businesses in the City. One means of implementing this encouragement is
through a formal reimbursement and advance schedule for authorized attendance at such
conferences, meetings and training sessions.
II DEFINITIONS
A. Conferences
A conference is an annual meeting of a work related organization the membership of which may
be held in the name of the City or the individual.
B. Local Area
The local area is defined to be within Santa Clara and San Mateo Counties and within a 40-mile
distance from Cupertino when traveling to Alameda County.
C. Meetings
A "meeting" shall mean a convention, conference, seminar, workshop, meal, or like assembly
having to do with municipal government operations. An employee serving on a panel for
interviews of job applicants shall not come under this definition.
D. Training Session
A training session is any type of seminar or workshop the attendance at which is for the
purpose of obtaining information of a work related nature to benefit the City's operations or
to enhance the attendee's capabilities in the discharge of assigned duties and responsibilities.
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III REIMBURSEMENT AND ADVANCE PAYMENT SCHEDULE
A. Intent
This schedule is written with the intent that the employee will make every effort to find the
lowest possible cost to the City for traveling on City business. For example, if paying for
parking at the airport is less expensive that paying for a taxi or airport shuttle, then the
employee should drive their car and park at the airport; or if renting a car is lower than taking
taxis at the out-of-town location, then a car should be rented; or air reservations should be
booked in advance to obtain discounted fares. The following procedures apply whether the
expense is being paid through a reimbursement or a direct advance.
B. Registration
Registration fees for authorized attendance at a meeting or training session will be paid by the
City.
C. Transportation
The City will pay transportation costs on the basis of the lowest cost intent stated in paragraph
A. Eligible transportation costs include airfare (with coach fare being the maximum), van or
taxi service to and from the attendee's home and airport, destination or airport parking
charges, taxi and shuttle services at the out-of-town location, trains, tolls, or rental cars. Use
of a personal automobile for City business shall be reimbursed or advanced at the rate per
mile in effect for such use, except in no case shall it exceed air coach fare if the vehicle is
being used for getting to the destination. Government or group rates offered by a provider of
transportation must be used when available.
Reimbursement or advances for use of a personal automobile on City business within a local area
will not be made so as to supplement that already being paid to those persons receiving a monthly
mileage allowance.
D. Lodging
Hotel or lodging expenses of the employee resulting from the authorized event or activity
defined in this policy will be reimbursed or advanced if the lodging and event occurs outside
of the local area. Not covered will be lodging expenses related to person(s) who are
accompanying the City member, but who themselves are not on City business. In this
instance, for example, the difference between single and multiple occupancy rates for a room
will not be reimbursed.
Where the lodging is in connection with a conference or other organized educational activity,
City-paid lodging costs shall not exceed the maximum group rate published by the conference
or activity sponsor, providing that lodging at the group rate is available at the time of booking.
If the group rate at the conference hotel is not available, then the non-conference lodging
policy described in the next paragraph should be followed to find another comparable hotel.
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Where lodging is necessary for an activity that is not related to a conference or other
organized educational activity, reimbursement or advances shall be limited to the actual cost
of the room at a group or government rate. In the event that a group or government rate is
not available, lodging rates that do not exceed the median price for lodging for that area and
time period listed on travel websites like www.hotels.com, www.expedia.com or an
equivalent service shall be eligible for reimbursement or advancement.
E. Meals
1. With No Conference
Payments toward or reimbursement of meals related to authorized activities or events
shall be at the Internal Revenue Service per diem rate for meals and incidental expenses
for a given location, as stated by IRS publications 463 and 1542 and by the U.S. General
Services Administration. The per diem shall be split among meals as reasonably desired
and reduced accordingly for less than full travel days. If per diem is claimed, no receipts
are necessary. Alternatively, the actual cost of a meal can be claimed, within a standard
of reasonableness, but receipts must be kept and submitted for the expense incurred.
2. As Part of a Conference
When City personnel are attending a conference or other organized educational activity,
they shall be reimbursed or advanced for meals not provided by the activity, on a per
diem or actual cost basis. The per diem and actual cost rate shall follow the rules
described in the meals with no conference paragraph.
F. Other Expenses
Payments toward or reimbursement of expenses at such functions shall be limited to the actual
costs consistent with the application of reasonable standards.
Other reasonable expenses related to business purposes shall be paid consistent with this policy.
No payments shall be made unless, where available, receipts are kept and submitted for all
expenses incurred. When receipts are not available, qualifying expenditures shall be reimbursed
upon signing of an affidavit of expenditure.
No payment shall be made for any expenses incurred which are of a personal nature or not
within a standard of reasonableness for the situation as may be defined by the Finance
Department.
G. Non-Reimbursable Expenses
The City will not reimburse or advance payment toward expenses including, but not
limited to:
1. The personal portion of any trip;
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2. Political or charitable contributions or events;
3. Family expenses, including those of a partner when accompanying the employee on City-
related business, as well as child or pet-related expenses;
4. Entertainment expenses, including theatre, shows, movies, sporting events, golf, spa
treatments, etc.
5. Gifts of any kind for any purpose;
6. Service club meals;
7. Alcoholic beverages;
8. Non-mileage personal automobile expenses including repairs, insurance, gasoline, traffic
citations; and
9. Personal losses incurred while on City business.
IV ATTENDANCE
A. Budgetary Limitations
Reimbursement or advances for expenses relative to conferences, meeting or training sessions
shall not exceed the budgetary limitations.
V. FUNDING
A. Appropriation Policy
It shall be the policy of the City to appropriate funds subject to availability of resources.
B. Training Sessions
Payments toward or reimbursement of expenses incurred in attendance at training sessions,
will be appropriated annually through the budget process.
VI. DIRECT CASH ADVANCE POLICY
From time to time, it may be necessary for a City employee to request a direct cash advance
to cover anticipated expenses while traveling or doing business on the City's behalf. Such
request for an advance should be submitted to their supervisor no less than seven days prior to
the need for the advance with the following information: 1) Purpose of the expenditure; 2) The
anticipated amount of the expenditure (for example, hotel rates, meal costs, and transportation
expenses); and 3) The dates of the expenditure. An accounting of expenses and return of any
unused advance must be reported to the City within 30 calendar days of the employee's return
on the expense report described in Section VII.
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VII. EXPENSE REPORT REQUIREMENTS
All expense reimbursement requests or final accounting of advances received from the City
Manager must be approved by the City Attorney , on forms determined by the Administrative
Services Department, within 30 calendar days of an expense incurred, and accompanied by
a business purpose for all expenditures and a receipt for each non- per diem item. All
expense reimbursement requests or final accounting of advances received from the City
Attorney must be approved by the City Manager, on forms determined by the Administrative
Services Department, within 30 calendar days of an expense incurred, and accompanied by
a business purpose for all expenditures and a receipt for each non- per diem item.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, August 18, 2020 , November 2023
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 4
AUTOMOBILE ALLOWANCES AND
MILEAGE REIMBURSEMENTS
It is City of Cupertino policy that under this Compensation Program the City Manager
shall be compensated fairly for the use of personal automotive vehicles on City business. In
many instances the use of personal vehicles is a condition of employment due to the absence
of sufficient City owned vehicles for general transportation purposes. It is not intended,
however, that such a condition of employment should work an undue hardship. For this reason,
the following policies shall apply for mileage reimbursements.
Those persons who occasionally are required to use their personal automobiles for City
business shall be reimbursed for such use at an appropriate rate established by the City Council.
Submission of reimbursement requests must be approved by the City Council.
The City Manager shall be paid a monthly automobile allowance of $500.
The City Attorney shall be paid a monthly automobile allowance of $350.
Employees receiving automobile allowance shall be eligible for reimbursement for travel that
exceeds two hundred miles round trip.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
Revised October 20, 2015
Revised November 6, 2017
Revised August, 18, 2020
Revised June 15, 2021, November 16, 2021
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 5
ASSOCIATION MEMBERSHIPS AND
PROFESSIONAL PUBLICATIONS
It is City of Cupertino policy under this Compensation Program that the City Manager and
City Attorney shall be entitled to City sponsored association memberships as well as receiving
subscriptions to professional and technical publications. Such sponsorship, however, shall be
conditioned upon the several factors as set forth below.
Each association for which membership is claimed must be directly related to the field of
endeavor of the person to be benefited.
Subscriptions to or purchase of professional and technical publications may be provided at City
expense providing the subject matter and material generally contained therein are related to municipal
governmental operations.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, June 15,
2021
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 6
OVERTIME WORKED
Management employees are ineligible for overtime payments for time worked in excess
of what otherwise would be considered as a normal work day or work week for other employees.
However, no deduction from leave balances are made when such an employee is absent for less
than a regular work day as long as the employee has his/her supervisor's approval. Nothing in
this policy precludes the alternative work schedule, which may include an absence of a full eight
hour day, when forty hours have been worked in the same seven day work period.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
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City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 7
HEALTH BENEFITS PLAN - EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide group hospital and medical insurance
under which eligible persons under this Compensation Program and their dependents may be
covered. The purpose of this program is to promote and preserve the health of employees and
their families through comprehensive health plans available only through employer
sponsorship.
Although the premium cost for the insurance provided remains the ultimate responsibility
of the employee in these positions, the City shall contribute the amounts listed below towards the
premium or pay the full cost of the premium if less than the stated amounts. If the premium
amounts for any employee covered by this policy are less than the amounts listed below per
month, the difference between the premium amount and the stated amounts will be included in
the employee's gross pay.
January 1, 2024 City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 1,021.41 126.78 1,148.19
Employee +1 2,042.82 126.78 2,169.60
Employee +2 2,655.67 126.78 2,782.45
For any change in the monthly medical plan premium charged by CalPERS in the
plan year 2025 compared to the plan year 2024, the City’s maximum contributions
shall be capped at no more than 6% for Unrepresented and Appointed Employees.
Any required contribution amounts exceeding the premium contribution of the
City are the responsibility of the employee.
Appointed employees in the City Manager and City Attorney positions will have immediate vesting
of retiree medical benefits, subject to said employee retiring from City service and CalPERS.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, July 2013, October 2016, July 2019; December 2019, June 15, 2021, November
16, 2021 , November 7, 2023
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 8
FIXED HOLIDAYS
It is the policy of the City of Cupertino to recognize days of historical and national
significance as holidays of the City without loss of pay or benefits. Recognizing the desirable
times throughout the year, it is the policy of the City of Cupertino to provide days off in lieu of
holidays for management and confidential employees at such times as are convenient for each
employee and supervisor, when such policy is compatible with the workload and schedule of the
City.
The City provides the following fixed paid holidays for eligible employees covered by this
agreement:
1. New Year's Day
2. Martin Luther King Day
3. Presidents' Day
4. Lunar New Year
5. Cesar Chavez Day
6. Memorial Day
7. Juneteenth
8. Independence Day
9. Labor Day
10. Veteran's Day
11. Thanksgiving Day
12. Day Following Thanksgiving
13. Christmas Eve
14. Christmas Day
15. New Year's Eve
When a holiday falls on a Sunday, the following Monday shall be observed as the non-work
day. When a holiday falls on a Saturday, the previous Friday shall be observed as the non-work
day.
FLOATING HOLIDAY
In addition to the paid holidays, employees occupying these positions shall be provided 20 floating
hours per calendar year as non-work time with full pay and benefits. Employees may accumulate
floating holiday hours up to two times their annual accrual. For Calendar Year 2023, Appointed
employees will receive one (1) floating holiday in lieu of Lunar New Year holiday.
Adopted by Action of the City Council
July 1, 2010
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Revised December 18, 2012, July 2013, November 2023
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 9
LIFE, LONG TERM DISABILITY INSURANCE, AND SHORT TERM DISABILITY INSURANCE
It is the policy of the City of Cupertino to make available group insurance for eligible persons under
this Compensation Program that will mitigate the personal and family financial hardships resulting
from continuing disability that prevents an employee from performing gainfully in his or her
occupation. It is further the policy of the City of Cupertino to provide life insurance benefits in an
amount of two and one half times the employee's annual salary to a maximum of $250,000.00
The City Manager and City Attorney will participate in California State Disability Insurance (SDI).
SDI weekly benefits are determined by the State of California and information is available on the State
of California Employment Development Department website. Employee may use leave banks to
supplement lost salary during the 7-day elimination period. City Manager and City Attorney shall pay
the employee contribution rate of CA SDI, which will be deducted from their biweekly paychecks.
The City shall provide Long Term Disability (LTD) insurance for employees. LTD income protection
coverage shall be up to $7,000 of covered monthly salary. City Manager and City Attorney may use
sick leave and/or vacation leave to supplement lost salary during the 90 day elimination period.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, October
2016, July 2019, August 18, 2020,
June 15, 2021
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 10
DEFERRED COMPENSATION
It is the policy of the City of Cupertino to provide equitable current compensation and
reasonable retirement security for eligible persons under this Compensation Program for
services performed for the City. The City participates in the California Public Employees'
Retirement System (PERS) and deferred compensation plans have been established. Both the
employee and employer may make contributions from current earnings to these plans. The
purpose of this policy is to promote means by which compensation may be provided in such
manner and form to best meet the requirements of the City and the needs of individual
employees, thereby increasing the ability, to attract and retain competent employees.
The City shall maintain and administer means by which employees in these positions may
defer portions of their current earnings for future utilization. Usage of such plans shall be subject
to such agreements, rules and procedures as are necessary to properly administer each plan.
Employee contributions to such plans may be made in such amounts as felt proper and necessary
to the employee. Employer contributions shall be as determined by the City Council.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 11
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTION
A. Employees hired on or before December 29, 2012 Only:
For employees hired on or before December 29, 2012, the City has contracted with CalPERS for a
2.7% @55 formula.
Effective in the first full pay period in July 2017, each employee shall pay the full 8.0% of applicable
salary of the employee’s contribution towards CalPERS.
B. For Employees hired by the City of Cupertino on December 30, 2012 or December 31,
2012 or a current CalPERS employee who qualifies as a classic member under CalPERS
Regulations Only:
For Employees hired by the City of Cupertino on December 30, 2012 or December 31, 2012 or a
current CalPERS employee who qualifies as a classic member under CalPERS Regulations only
the City has contracted with CalPERS for a 2.0% @ 60 retirement formula, three year average
compensation.
Effective October 1, 2016, the City shall not pay the employee’s contribution rate to the California
Public Employees Retirement System (CalPERS) and each employee shall pay the full 7% of
applicable salary of the employee’s contribution towards CalPERS.
C. For new employees hired by the City of Cupertino on or after January 1, 2013 and do not
qualify as Classic members Only:
For new employees hired by the City of Cupertino on or after January 1, 2013 and do not qualify
as classic members as defined by CalPERS, CalPERS has by statute implemented a 2% @ 62
formula, three year average and employees in this category shall pay 50% of the normal cost rate
as determined by CalPERS.
Adopted by Action of the City Council
July 1, 2010
Revised October 2, 2012; December 18, 2012, July 2013, October 2016, July 2019
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 12
DENTAL INSURANCE - EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide dental insurance under which eligible
persons under this Compensation Program and their dependents may be covered. The purpose of
this program is to promote and preserve the health of employees.
The premium cost for the insurance provided by the City shall not exceed $114.30* per month
per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in
accordance with Personnel Rules of the City and the provisions of the contract for such insurance
between the City and carrier or carriers.*Dental Coverage: Effective the first month after Council
adoption of agreement, dental coverage is capped at $2,500.00 per dependent per annual plan year for
the term of this contract.
Adopted by Action of City Council
July 1, 2010
Revised October 2, 2012; December 18, 2012,
October 2016, July 2019, July 19, 2022
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 13
ADMINISTRATIVE LEAVE
Eligible persons under this Compensation Program shall accrue eighty (80) hours of
administrative leave with pay per year.
Employees may accumulate administrative leave hours up to two times their annual
accrual.
Employees shall be eligible to convert administrative leave hours to pay one time each
calendar year.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, October
2016; July 2019, November 16, 2021
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 14
EMPLOYEE ASSISTANCE PROGRAM
It is the policy of the City of Cupertino to provide an Employee Assistance Program for
the benefit of eligible persons under this Compensation Program and their eligible dependents.
The purpose of this program is to provide professional assistance and counseling concerning
financial, legal, pre-retirement, and other matters of a personal nature.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 15
HOUSING ASSISTANCE PROGRAM
Housing assistance may be offered to eligible persons under this Compensation Program
pursuant to Resolution No. 15-092 as amended.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
Revised October 20, 2015; July 2019
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 16
VISION INSURANCE — EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide vision insurance under which employees
and their dependents may be covered. The purpose of this program is to promote and preserve the
health of employees.
The premium cost for the insurance provided by the City shall not exceed $14.94 per
month per employee. Enrollment in the plan or plans made available pursuant to this policy shall
be in accordance with the provisions of the contract between the City and carrier or carriers
providing vision insurance coverage,
Adopted by Action of the City Council July 1, 2010
Revised October 2, 2012; December 18, 2012
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City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 17
EDUCATION REIMBURSEMENT PROGRAM
It is the intent of the City to recognize the value of continuing education and professional
development of its employees; and to adopt an Education Reimbursement Program which will
encourage employees to avail themselves of City job related educational opportunities that will
advance their knowledge and interests in the direction of their career path. Courses should
either: a) maintain or improve job skills in the employee’s current position; b) be expressly
required by the City or by law; or c) prepare the employee to become a competitive applicant
for a different position with the City.
The Education Reimbursement Program is a benefit to all eligible, full time benefited
employees and provides education reimbursement of up to two thousand dollars ($2,000) per
calendar year for the cost of registration, required textbooks and/or materials and parking.
Employees who wish to seek reimbursement from the City for educational program costs shall
provide a written request for reimbursement in advance of enrollment to the Human Resources
Division. The form provided shall include the type of training, sponsoring organization or
institution, meeting times and costs. Human Resources and the employee’s department head
will make the determination if the chosen education program is eligible for reimbursement.
No employee shall receive any reimbursement until they have provided satisfactory proof of
successful completion of the coursework with a grade of “C” or above, or “Pass” in the case of
a Pass/Fail course. Such proof of completion shall be provided within 30 days of the conclusion
of the course.
Education reimbursement is a taxable benefit under IRS Code. Education reimbursement will
be applied to the calendar year in which the course is passed and satisfactory proof of
completion is submitted.
Mandatory or annual coursework, attendance at conferences and training required to maintain
job specific certifications or proficiencies are not included in the Education Reimbursement
Program.
Adopted by Action of the City Council July 16, 2019
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City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 18
CITY SPONSORED RECREATION AND WELLNESS PROGRAMS
Eligible appointed employees shall have the privilege of enrollment in City sponsored
recreation programs at the City residents’ fee structure and in preference to non-residents
wishing to enroll. Each calendar year, employees and family members on the employee’s
dental plan are eligible to be reimbursed up to $500 per employee in Rec Bucks. Employees
shall be reimbursed for approved recreation services in accordance with the City’s Recreation
Buck Policies. Programs allowing for preregistration will be reimbursed after completion of
the program, including those allowing for or requiring preregistration in the calendar year prior
to reimbursement. Reimbursements shall be applied to the year in which they are received.
Benefited employees will also receive a free employee-only annual Cupertino Sports Center
membership. Part-time benefited employees will have the annual amount of Recreation Bucks
prorated based on number of hours worked. Recreation Bucks are a taxable benefit under IRS
Code, and must be used by the employee within the calendar year and are non-transferrable.
City employees are eligible to participate in the City’s wellness program as provided for in the
City’s Administrative Rules and Regulations.
Adopted by Action of the City Council July 16, 2019
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
EXEMPT POSITIONS
The salaries, wages, or rates of pay for City Attorney and City Manager employees whose
positions are exempt under the provisions of the Cupertino Municipal Code, are set forth
below. Only the City Council can modify these rates.
Monthly Salary Effective June 3, 2019
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $19,916.67
Monthly Salary Effective June 3, 2020
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $22,916.66
Monthly Salary Effective June 15, 2021
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $22,916.66
City Attorney $0 $0 $0 $0 $21,250.00
Monthly Salary Effective January 3, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $24,000.00
City Attorney $0 $0 $0 $0 $21,250.00
Monthly Salary Effective July 20, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $24,833.33
City Attorney $0 $0 $0 $0 $23,333.33
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Monthly Salary Effective August 29, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,075.00
City Attorney $0 $0 $0 $0 $23,333.33
Monthly Salary Effective the First Full Pay Period of July, 2023
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,987.63
City Attorney $0 $0 $0 $0 $23,333.33
Monthly Salary Effective December 3, 2024
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,987.63
City Attorney $0 $0 $0 $0 $25,875.00
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 1
PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY
It is City of Cupertino policy that those certain persons holding positions hereinafter defined
and designated as appointed management employees by the City Council in the City Manager's Office
and the City Attorney’s Office shall be eligible for participation in the Appointed Employees'
Compensation Program as hereby adopted by action of the City Council and as same may be amended
or as otherwise modified from time to time.
Eligibility for inclusion in this Compensation program is limited to persons appointed
by the City Council and holding positions as management employees in the City Manager’s
Office and the City Attorney’s Office, as defined under section 2.52.290 of the Cupertino
Municipal Code. Eligible persons are designated by the Appointing Authority and may be
modified as circumstances warrant.
Although subject to change in accordance with the Personnel Code, the positions in the
following classifications have been designated as appointed employees.
MANAGEMENT CLASSIFICATIONS:
Classification Title
City Manager
City Attorney
In the event of any inconsistency between the Compensation Program and any Employment
Contracts, the provisions of the Employment Contract and any amendments thereto control.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019, August 18, 2020, June 15, 2021, November 16, 2021, July 19, 2022
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 2
SALARY SCHEDULE
AND OTHER SALARY RATES
It is City of Cupertino policy that eligible persons under this Compensation Program shall
be compensated for services rendered to and on behalf of the City on the basis of equitabl e pay
for duties and responsibilities assigned, meritorious service and comparability with similar work
in other public and private employment in the same labor market; all of which is contingent upon
the City's ability to pay consistent with its fiscal policies. The City Manager and City Attorney
salaries will be set by contract .
Adopted by Action of the City Council July 1, 2010
Revised October 2, 2012
Revised December 18, 2012, October 2016, September 6, 2017, November 6, 2017, January 7, 2019,
July 16, 2019, August 18, 2020, November 16, 2021, July 19, 2022, December 3, 2024
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 3
TRAINING AND CONFERENCES
I. POLICY
It is City of Cupertino policy that eligible persons under this Compensation Program shall
be reimbursed or receive advances in accordance with the schedule s, terms and conditions
as set forth herein for attendance at conferences, meetings and training sessions as defined
below for each. It is the intent of this policy to encourage the continuing education and
awareness of said persons in the technical improv ements and innovations in their fields of
endeavor as they apply to the City or to implement a City approved strategy for attracting
and retaining businesses in the City. One means of implementing this encouragement is
through a formal reimbursement and ad vance schedule for authorized attendance at such
conferences, meetings and training sessions.
II DEFINITIONS
A. Conferences
A conference is an annual meeting of a work related organization the membership of which may
be held in the name of the City or the individual.
B. Local Area
The local area is defined to be within Santa Clara and San Mateo Counties and within a 40-mile
distance from Cupertino when traveling to Alameda County.
C. Meetings
A "meeting" shall mean a convention, conference, seminar, workshop, meal, or like assembly
having to do with municipal government operations. An employee serving on a panel for
interviews of job applicants shall not come under this definition.
D. Training Session
A training session is any type of seminar or workshop the attendance at which is for the
purpose of obtaining information of a work related nature to benefit the City's operations or
to enhance the attendee's capabilities in the disc harge of assigned duties and responsibilities.
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III REIMBURSEMENT AND ADVANCE PAYMENT SCHEDULE
A. Intent
This schedule is written with the intent that the employee will make every effort to find the
lowest possible cost to the City for traveling on City business. For example, if paying for
parking at the airport is less expensive that paying for a taxi or airport shuttle, then the
employee should drive their car and park at the airport; or if renting a car is lower than taking
taxis at the out -of-town location, then a car should be rented; or air reservations should be
booked in advance to obtain discounted fares. The following procedures apply whether the
expense is being paid through a reimbursement or a direct advance.
B. Registration
Registration fees for authorized attendance at a meeting or training session will be paid by the
City.
C. Transportation
The City will pay transportation costs on the basis of the lowest cost intent stated in paragraph
A. Eligible transportation costs inc lude airfare (with coach fare being the maximum), van or
taxi service to and from the attendee's home and airport, destination or airport parking
charges, taxi and shuttle services at the out -of-town location, trains, tolls, or rental cars. Use
of a personal automobile for City business shall be reimbursed or advanced at the rate per
mile in effect for such use, except in no case shall it exceed air coach fare if the vehicle is
being used for getting to the destination. Government or group rates offered by a provider of
transportation must be used when available.
Reimbursement or advances for use of a personal automobile on City business within a local area
will not be made so as to supplement that already being paid to those persons receiving a monthly
mileage allowance.
D. Lodging
Hotel or lodging expenses of the employee resulting from the authorized event or activity
defined in this policy will be reimbursed or advanced if the lodging and event occurs outside
of the local area. Not covered will be lodging expenses related to perso n(s) who are
accompanying the City member, but who themselves are not on City business. In this
instance, for example, the difference between single and multiple occupancy rates for a room
will not be reimbursed.
Where the lodging is in connection with a conference or other organized educational activity,
City-paid lodging costs shall not exceed the maximum group rate published by the conference
or activity sponsor, providing that lodging at the group rate is available at the time of booking.
If the group rate at the conference hotel is not available, then the non -conference lodging
policy described in the next paragraph should be followed to find another comparable hotel.
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Where lodging is necessary for an activity that is not related to a conference or oth er
organized educational activity, reimbursement or advances shall be limited to the actual cost
of the room at a group or government rate. In the event that a group or government rate is
not available, lodging rates that do not exceed the median price for lodging for that area and
time period listed on travel websites like www.hotels.com, www.expedia.com or an
equivalent service shall be eligible for reimbursement or advancement.
E. Meals
1. With No Conference
Payments toward or reimbursement of meals relate d to authorized activities or events
shall be at the Internal Revenue Service per diem rate for meals and incidental expenses
for a given location, as stated by IRS publications 463 and 1542 and by the U.S. General
Services Administration. The per diem sha ll be split among meals as reasonably desired
and reduced accordingly for less than full travel days. If per diem is claimed, no receipts
are necessary. Alternatively, the actual cost of a meal can be claimed, within a standard
of reasonableness, but recei pts must be kept and submitted for the expense incurred.
2. As Part of a Conference
When City personnel are attending a conference or other organized educational activity,
they shall be reimbursed or advanced for meals not provided by the activity, on a per
diem or actual cost basis. The per diem and actual cost rate shall follow the rules
described in the meals with no conference paragraph.
F. Other Expenses
Payments toward or reimbursement of expenses at such functions shall be limited to the actual
costs consistent with the application of reasonable standards.
Other reasonable expenses related to business purposes shall be paid consistent with this policy.
No payments shall be made unless, where available, receipts are kept and submitted for all
expenses incurred. When receipts are not available, qualifying expenditures shall be reimbursed
upon signing of an affidavit of expenditure.
No payment shall be made for any expenses incurred which are of a personal nature or not
within a standard of reasonableness for the situation as may be defined by the Finance
Department.
G. Non -Reimbursable Expenses
The City will not reimburse or advance payment toward expenses including, but not
limited to:
1. The personal portion of any trip;
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2. Political or charitable contributions or events;
3. Family expenses, including those of a partner when accompanying the employee on City-
related business, as well as child or pet-related expenses;
4. Entertainment expenses, including theatre, shows, movies, sporting events, golf, spa
treatments, etc.
5. Gifts of any kind for any purpose;
6. Service club meals;
7. Alcoholic beverages;
8. Non-mileage personal automobile expenses including repairs, insurance, gasoline, traffic
citations; and
9. Personal losses incurred while o n City business.
IV ATTENDANCE
A. Budgetary Limitations
Reimbursement or advances for expenses relative to conferences, meeting or training sessions
shall not exceed the budgetary limitations.
V. FUNDING
A. Appropriation Policy
It shall be the policy of the City to appropriate funds subject to availability of resources.
B. Training Sessions
Payments toward or reimbursement of expenses incurred in attendance at training sessions,
will be appropriated annually through the budget process.
VI. DIRECT CASH ADVANCE POLICY
From time to time, it may be necessary for a City employee to request a direct cash advance
to cover anticipated expenses while traveling or doing business on the City's behalf. Such
request for an advance should be submitted to their superv isor no less than seven days prior to
the need for the advance with the following information: 1) Purpose of the expenditure; 2) The
anticipated amount of the expenditure (for example, hotel rates, meal costs, and transportation
expenses); and 3) The dates of the expenditure. An accounting of expenses and return of any
unused advance must be reported to the City within 30 calendar days of the employee's return
on the expense report described in Section VII.
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VII. EXPENSE REPORT REQUIREMENTS
All expense reimbursement requests or fina l accounting of advances received from the City
Manager must be approved by the City Attorney , on forms determined by the Administrative
Services Department, within 30 calendar days of an expense incurred, and accompanied by
a business purpose for all expenditures and a receipt for each non - per diem item. All
expense reimbursement requests or fina l accounting of advances received from the City
Att orney must be approved by the City Manager, on forms determined by the Administrative
Services Department, within 30 calendar days of an expense incurred, and accompanied by
a business purpose for all expenditures and a receipt for each non - per diem item.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, August 18, 2020 , November 2023
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 4
AUTOMOBILE ALLOWANCES AND
MILEAGE REIMBURSEMENTS
It is City of Cupertino policy tha t under this Compensation Program the City Manager
shall be compensated fairly for the use of personal automotive vehicles on City business. In
many instances the use of personal vehicles is a condition of employment due to the absence
of sufficient City owned vehicles for general transportation purposes. It is not intended,
however, that such a condition of employment should work an undue hardship. For this reason,
the following policies shall apply for mileage reimbursements.
Those persons who occasionally are required to use their personal automobiles for City
business shall be reimbursed for such use at an appropriate rate established by the City Council.
Submission of reimbursement requests must be approved by the City Council.
The City Manager shall be paid a monthly automobile allowance of $500.
The City Attorney shall be paid a monthly automobile allowance of $350.
Employees receiving automobile allowance shall be eligible for reimbursement for travel that
exceeds two hundred miles round trip.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
Revised October 20, 2015
Revised November 6, 2017
Revised August, 18, 2020
Revised June 15, 2021, November 16, 2021
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 5
ASSOCIATION MEMBERSHIPS AND
PROFESSIONAL PUBLICATIONS
It is City of Cupertino policy under this Compensation Program that the City Manager and
City Attorney shall be entitled to City sponsore d association memberships as well as receiving
subscriptions to professional and technical publications. Such sponsorship, however, shall be
conditioned upon the several factors as set forth below.
Each association for which membership is claimed must be directly related to the field of
endeavor of the person to be benefited.
Subscriptions to or purchase of professional and technical publications may be provided at City
expense providing the subject matter and material generally contained therein are related to municipal
governmental operations.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, June 15,
2021
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 6
OVERTIME WORKED
Management employees are ineligible for overtime payments for time worked in excess
of what otherwise would be considered as a normal work day or work week for other employees.
However, no deduction from leave balances are made when such an employee is absent for less
than a regular work day as long as the employee has his/her supervisor's approval. Nothing in
this policy precludes the alternative work schedule, which may include an absence of a full eight
hour day, when forty hours have been worked in the same seven day work period.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
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City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 7
HEALTH BENEFITS PLAN - EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide group hospital and medical insurance
under which eligible persons under this Compensation Program and their dependents may be
covered. The purpose of this program is to promote and preserve the health of employees and
their families through comprehensive health plans available only through employer
sponsorship.
Although the premium cost for the insurance provided remains the ultimate responsibility
of the employee in these positions, the City shall contribute the amounts listed below towards the
premium or pay the full cost of the premium if less than the stated amounts. If the premium
amounts for any employee covered by this policy are less than the amounts listed below per
month, the differe nce between the premium amount and the stated amounts will be included in
the employee's gross pay.
January 1, 2024 City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 1,021.41 126.78 1,148.19
Employee +1 2,042.82 126.78 2,169.60
Employee +2 2,655.67 126.78 2,782.45
For any change in the monthly medical plan premium charged by CalPERS in the
plan year 2025 compared to the plan year 2024, the City’s maximum contributions
shall be capped at no more than 6% for Unrepresented and Appointed Employees.
Any required contribution amounts exceeding the premium contribution of the
City are the responsibility of the employee.
Appointed employees in the City Manager and City Attorney positions will have immediate vesting
of retiree medical benefits, subject to said employee retiring from City service and CalPERS.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, July 2013, October 2016, July 2019; December 2019, June 15, 2021, November
16, 2021 , November 7, 2023
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 8
FIXED HOLIDAYS
It is the policy of the City of Cupertino to recognize days of historical and national
significance as holidays of the City w ithout loss of pay or benefits. Recognizing the desirable
times throughout the year, it is the policy of the City of Cupertino to provide days off in lieu of
holidays for management and confidential employees at such times as are convenient for each
employee and supervisor, when such policy is compatible with the workload and schedule of the
City.
The City provides the following fixed paid holidays for eligible employees covered by this
agreement:
1. New Year's Day
2. Martin Luther King Day
3. Presidents' Day
4. Lunar New Year
5. Cesar Chavez Day
6. Memorial Day
7. Juneteenth
8. Independence Day
9. Labor Day
10. Veteran's Day
11. Thanksgiving Day
12. Day Following Thanksgiving
13. Christmas Eve
14. Christmas Day
15. New Year's Eve
When a holiday falls on a Sunday, the following Monday shall be observed as the non-work
day. When a holiday falls on a Saturday, the previous Friday shall be observed as the non -work
day.
FLOATING HOLIDAY
In addition to the paid holidays, employees occupying these positions shall be provided 20 floating
hours per calendar year as non-work time with full pay and benefits. Employees may accumulate
floating holiday hours up to two times their annual accrual. For Calendar Year 2023, Appointed
employees will receive one (1) floating holiday in lieu of Lunar New Year holiday.
Adopted by Action of the City Council
July 1, 2010
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Revised December 18, 2012, July 2013, November 2023
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 9
LIFE, LONG TERM DISABILITY INSURANCE, AND SHORT TERM DISABILITY INSURANCE
It is the policy of the City of Cupertino to make available group insurance for eligible persons under
this Compensation Program that will mitigate the personal and family financial hardships resulting
from continuing disability that prevents an employee from performing gainfully in his or her
occupation. It is further the policy of the City of Cupertino to provide life insurance benefits in an
amount of two and one half times the employee's annual salary to a maximum of $250,000.00
The City Manager and City Attorney will participate in California State Disability Insurance (SDI).
SDI weekly benefits are determined by the State of California and information is available on the State
of California Employment Development Department website. Employee may use leave banks to
supplement lost salary during the 7-day elimination period. City Manager and City Attorney shall pay
the employee contribution rate of CA SDI, which will be deducted from their biweekly paychecks.
The City shall provide Long Term Disability (LTD) insurance for employees. LTD income protection
coverage shall be up to $7,000 of covered monthly salary. City Manager and City Attorney may use
sick leave and/or vacation leave to supplement lost salary during the 90 day elimination period.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, October
2016, July 2019, August 18, 2020,
June 15, 2021
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 10
DEFERRED COMPENSATION
It is the policy of the City of Cupertino to provide equitable current compensation and
reasonable retirement security for eligible persons under this Compensation Program for
services performed for the City. The City participates in the California Public Employees'
Retirement System (PERS) and deferred compensation plans have been established. Both the
employee and employer may make contributions from current earnings to these plans. The
purpose of this policy is to promote means by which compensation may be provided in such
manner and form to best meet the requirements of the City and the needs of individual
employees, thereby increasing the ability, to attract and retain competent employees.
The City shall maintain and administer means by which employees in these positions may
defer portions of their current earnings for future utilization. Usage of such plans shall be subject
to such agreements, rules and procedures as are necessary to properly administer each p lan.
Employee contributions to such plans may be made in such amounts as felt proper and necessary
to the employee. Employer contributions shall be as determined by the City Council.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 11
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTION
A. Employees hired on or before December 29, 2012 Only:
For employees hired on or before December 29, 2012, the City has contracted with CalPERS for a
2.7% @55 formula.
Effective in the first full pay period in July 2017, each employee shall pay the full 8.0% of applicable
salary of the employee’s contribution towards CalPERS.
B. For Employees hired by the City of Cupertino on December 30, 2012 or December 31,
2012 or a current CalPERS employee who qualifies as a classic member under CalPERS
Regulations Only:
For Employees hired by the City of Cupertino on December 30, 2012 or December 31, 2012 or a
current CalPERS employee who qualifies as a classic member under CalPERS Regulations only
the City has contracted with CalPERS for a 2.0% @ 60 retirement formula, three year average
compensation.
Effective October 1, 2016, the City shall not pay the employee’s contribution rate to the California
Public Employees Retirement System (CalPERS) and each employee shall pay the full 7% of
applicable salary of the employee’s contribution towards CalPERS.
C. For new employees hired by the City of Cupertino on or after January 1, 2013 and do not
qualify as Classic members Only:
For new employees hired by the City of Cupertino on or after January 1, 2013 and do not qualify
as classic members as defined by CalPERS, CalPERS has by statute implemented a 2% @ 62
formula, three year average and employees in this category shall pay 50% of the normal cost rate
as determined by CalPERS.
Adopted by Action of the City Council
July 1, 2010
Revised October 2, 2012; December 18, 2012, July 2013, October 2016, July 2019
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 12
DENTAL INSURANCE - EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide dental insurance under which eligible
persons under this Compensation Program and their dependents may be covered. The purpose of
this program is to promote and preserve the health of employees.
The premium cost for the insurance provided by the City shall not exceed $114.30* per month
per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in
accordance with Personnel Rules of the City and the provisions of the contract for such insurance
between the City and carrier or carriers.*Dental Coverage: Effective the first month after Council
adoption of agreement, dental coverage is capped at $2,500.00 per dependent per annual plan year for
the term of this contract.
Adopted by Action of City Council
July 1, 2010
Revised October 2, 2012; December 18, 2012,
October 2016, July 2019, July 19, 2022
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 13
ADMINISTRATIVE LEAVE
Eligible persons under this Compensation Program shall accrue eighty (80) hours of
administrative leave with pay per year.
Employees may accumulate administrative leave hours up to two times their annual
accrual.
Employees shall be eligible to convert administrative leave hours to pay one time each
calendar year.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, October
2016; July 2019, November 16, 2021
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 14
EMPLOYEE ASSISTANCE PROGRAM
It is the policy of the Cit y of Cupertino to provide an Employee Assistance Program for
the benefit of eligible persons under this Compensation Program and their eligible dependents.
The purpose of this program is to provide professional assistance and counseling concerning
financial, legal, pre -retirement, and other matters of a personal nature.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 15
HOUSING ASSISTANCE PROGRAM
Housing assistance may be offered to eligible persons under this Compensation Program
pursuant to Resolution No. 15-092 as amended.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
Revised October 20, 2015; July 2019
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 16
VISION INSURANCE — EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide vision insurance under which employees
and their dependents may be covered. The purpose of this program is to promote and preserve the
health of employees.
The premium cost for the insurance provided by the City shall not exceed $14.94 per
month per employee. Enrollment in the plan or plans made available pursuant to this policy shall
be in accordance with the provisions of the contract between the City and car rier or carriers
providing vision insurance coverage,
Adopted by Action of the City Council July 1, 2010
Revised October 2, 2012; December 18, 2012
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City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 17
EDUCATION REIMBURSEMENT PROGRAM
It is the intent of the City to recognize the value of continuing education and professional
development of its employees; and to adopt an Education Reimbursement Program which will
encourage employees to avail themselves of City job related educational opportunities that will
advance their knowledge and interests in the direction of their career path. Courses should
either: a) maintain or improve job skills in the employee’s current position; b) be expressly
required by the City or by law; or c) prepare the employee to become a competitive applicant
for a different position with the City.
The Education Reimbursement Program is a benefit to all eligible, full time benefited
employees and provides education reimbursement of up to two thousand dollars ($2,000) per
calendar year for the cost of registration, required textbooks and/or materials and parking.
Employees who wish to seek reimbursement from the City for educational program costs shall
provide a written request for reimbursement in advance of enrollment to the Human Resources
Division. The form provided shall include the type of training, sponsoring organization or
institution, meeting times and costs. Human Resources and the employee’s department head
will make the determination if the chosen education program is eligible for reimbursement.
No employee shall receive any reimbursement until they have provided satisfactory proof of
successful completion of the coursework with a grade of “C” or above, or “Pass” in the case of
a Pass/Fail course. Such proof of completion shall be provided within 30 days of the conclusion
of the course.
Education reimbursement is a taxable benefit under IRS Code. Education reimbursement will
be applied to the calendar year in which the course is passed and satisfactory proof of
completion is submitted.
Mandatory or annual coursework, attendance at conferences and training required to maintain
job specific certifications or proficiencies are not included in the Education Reimbursement
Program.
Adopted by Action of the City Council July 16, 2019
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City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 18
CITY SPONSORED RECREATION AND WELLNESS PROGRAMS
Eligible appointed employees shall have the privilege of enrollment in City sponsored
recreation programs at the City residents’ fee structure and in preference to non-residents
wishing to enroll. Each calendar year, employees and family members on the employee’s
dental plan are eligible to be reimbursed up to $500 per employee in Rec Bucks. Employees
shall be reimbursed for approved recreation services in accordance with the City’s Recreation
Buck Policies. Programs allowing for preregistration will be reimbursed after completion of
the program, including those allowing for or requiring preregistration in the calendar year prior
to reimbursement. Reimbursements shall be applied to the year in which they are received.
Benefited employees will also receive a free employee-only annual Cupertino Sports Center
membership. Part-time benefited employees will have the annual amount of Recreation Bucks
prorated based on number of hours worked. Recreation Bucks are a taxable benefit under IRS
Code, and must be used by the employee within the calendar year and are non-transferrable.
City employees are eligible to participate in the City’s wellness program as provided for in the
City’s Administrative Rules and Regulations.
Adopted by Action of the City Council July 16, 2019
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
EXEMPT POSITIONS
The salaries, wages, or rates of pay for City Attorney and City Manager employees whose
positions are exempt under the provisions of the Cupertino Municipal Code, are set forth
below. Only the City Council can modify these rates.
Monthly Salary Effective June 3, 2019
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $19,916.67
Monthly Salary Effective June 3, 2020
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $22,916.66
Monthly Salary Effective June 15, 2021
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $22,916.66
City Attorney $0 $0 $0 $0 $21,250.00
Monthly Salary Effective January 3, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $24,000.00
City Attorney $0 $0 $0 $0 $21,250.00
Monthly Salary Effective July 20, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $24,833.33
City Attorney $0 $0 $0 $0 $23,333.33
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Monthly Salary Effective August 29, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,075.00
City Attorney $0 $0 $0 $0 $23,333.33
Monthly Salary Effective the First Full Pay Period of July, 2023
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,987.63
City Attorney $0 $0 $0 $0 $23,333.33
Monthly Salary Effective December 3, 2024
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,987.63
City Attorney $0 $0 $0 $0 $25,875.00
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RESOLUTION NO. 24-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING THE OPERATING BUDGET FOR FISCAL YEAR 2024-25 BY
APPROPRIATING MONIES FOR INCREASED SALARY AND BENEFIT
COSTS
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 allocations and ratifies the attached amended
appropriations as set forth in Exhibit B.
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 3rd day of December 2024, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
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Resolution No. __________________
Page 2
SIGNED:
________
Sheila Mohan, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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Attachment F
Option B
Exhibit A
Appropriation
Amendment by Fund
Appropriation
Amendment
Revenue
Amendment
Fund
Balance
(Use of)
General Fund $19,691 $ ($19,691)
Special Revenue Funds $- $- $-
Capital Projects Funds $- $- $-
Enterprise Funds $- $- $-
Internal Service Funds $- $- $-
Total Appropriation
Amendment All Funds $19,691 $- ($19,691)
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CITY OF CUPERTINO
Agenda Item
23-12688 Agenda Date: 12/3/2024
Agenda #: 14.
Subject: Councilmember Reports
CITY OF CUPERTINO Printed on 11/26/2024Page 1 of 1
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CITY COUNCIL ACTIVITY REPORT
Meeting: December 3, 2024
Reporting Councilmember: Vice Mayor J.R. Fruen
Report Activity Dates: 11/12/24 to 11/25/24
Event Date, Title, and Description:
Event 1. November 14, 2024 – VTA Policy Advisory Committee – I attended the meeting of the
VTA Policy Advisory Committee in my capacity as Cupertino’s representative to the
Committee. Agenda documents can be found here:
https://santaclaravta.iqm2.com/Citizens/Detail_Meeting.aspx?ID=4168
Event 2. November 14, 2024 – LGBTQ+ Listening Session – At the invitation of the County
Office of LGBTQ Affairs, I presented opening remarks for the city’s second listening session on
LGBTQ+ issues at the Cupertino Library. The local LGBTQ+ community continues to face
significant challenges in terms of acceptance and discrimination even despite the city’s efforts
at inclusion.
Event 3. November 14, 2024 – Cities Association of Santa Clara County Joint Powers
Authority Board Meeting – In the absence of Mayor Mohan, I attended the Cities Association
Board meeting as the designated alternate. The Board received updates from its new lobbyist in
Sacramento, from the County Office of Public Health with respect to unregulated synthetic
cannabinoids being sold throughout the county, and from the Legislative Action Committee
Chair (Tina Walia – Saratoga) on achievements from the year. The Board also conducted
elections for its leadership for the upcoming year. Larry Klein, Mayor of Sunnyvale, was
elected President, Tina Walia was elected 1st Vice President, I was elected 2nd Vice President and
Chair of the Legislative Action Committee, and Elliott Scozzola (Campbell) was elected as
Secretary/Treasurer.
Event 4. November 15, 2024 – Staff preparation session on one time funds allocation related
to CDTFA settlement and Quarter 1 budget report – I attended a briefing hosted by city staff
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on potential allocations of monies previous reserved to repay the State of California in the wake
of the audit of sales tax revenues by the CDTFA. The presentation also included an overview of
the Q1 budget report for the current fiscal year.
Event 5. November 15, 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 6. November 16, 2024 – Community Service Evening – This year, the CREST Awards,
recognizing exceptional volunteerism in the community, and the annual Commissioners’
Dinner were combined into a single event. The event was well attended and allowed the city to
leverage the limited budget for either event to produce a better overall event. Video of the
ceremony is available on the city’s YouTube channel:
https://www.youtube.com/watch?v=gHud2ETNzNA
Event 7. November 22, 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.
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CITY COUNCILMEMBER REPORT
Meeting: December 3, 2024
Reporting Councilmember: Mayor Sheila Mohan
Report Dates: 11/5/24 to 11/25/24
Item Date, Title, and Description:
11/8/24 to 11/14/24: Visit to Bhubaneswar as part of the Cupertino-Bhubaneswar sister
City initiative.
• Reception by the Bhubaneswar Municipal Corporation where the Cupertino team
consisting of City Manager Wu, Sister-City organizers Mahesh Pakkala, Reena Rao and
me were warmly received by the Mayor of Bhubaneswar and her city team. The
discussion focused on how to strengthen ties between our two cities, including student
exchange, cultural exchanges and business ventures in our city. City Manager made a
presentation showcasing Cupertino’s unique features.
• Dinner with the Mayor, her staff, commissioners, and other city officials – this was a
more informal gathering where we discussed how we can learn from each other and
what information we can provide them in the field of sustainability and climate action.
• The Sister City Initiative and the Bhubaneswar Chamber of Commerce held a roundtable
discussion on culture, arts, tourism, technology know-how, medical tourism and small
businesses. The event was well attended by Bhubaneswar’s business leaders attended
who displayed genuine curiosity and interest in knowing about Cupertino and its
business climate. There was particular interest in bringing groups of business executives
to Cupertino and participating with US businesses in the exchange of ideas and business
practices.
• Visited a large private school which has expressed interest in a student exchange visit to
Cupertino next Spring. Preliminary groundwork has already been done with our school
superintendents and school officials
11/16/24: Attended the City’s CREST Awards and events. A well-attended event of
commissioners, awardees, community groups and residents. I welcomed the group, Council
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members gave out awards, and outgoing and incoming Commissioners were recognized for
their public service.
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