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25-140 TPG Interactive for Accessibility Baseline Assessment and Action Plan Development
Accessibility Baseline Assessment and Action Plan Development Page 1 of 9 Professional/Consulting Contracts /Version: March 2025 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and TPG Interactive, LLC., (“Contractor”), a Corporation for Accessibility Baseline Assessment and Action Plan Development 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 August 30, 2027 (“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Accessibility Baseline Assessment and Action Plan Development Page 2 of 9 Professional/Consulting Contracts /Version: March 2025 Services an amount that will based on actual costs but that will be capped so as not to exceed $46,079.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within forty-five (45) 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 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 Accessibility Baseline Assessment and Action Plan Development Page 3 of 9 Professional/Consulting Contracts /Version: March 2025 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 r esponsibility of City, and actual attorney’s fees incurred by City in connection with the above. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, the Parties may have access to private or confidential information owned or controlled by the other party, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City or Contractor. The Parties shall hold in confidence all such information provided and use it only to perform this Agreement. The Parties shall exercise the same standard of care to protect its own private and confidential information as a reasonably prudent contractor would use to protect its own proprietary data but in no event, less than reasonable care. Upon request or demand made to City by any third person or entity not a party hereto and not otherwise subject to the provisions of this section 6 pursuant to the California Public Records Act for production, inspection and/or copying of Contractor’s information (“Requested Confidential Information”), the City shall as soon as practical notify the Contractor in writing via electronic mail that such request has been made. The Contractor shall be solely responsible for taking at its sole expense whatever legal steps are necessary to prevent release of the Requested Confidential Information to the third party by the City. If the Contractor takes no such action after receiving the foregoing notice from the City, the City shall, at its discretion, be permitted to comply with the third party’s request or demand and is not required to defend against it. If the Contractor takes or attempts to take such action, the City shall provide timely and reasonable cooperation to the Contractor, if requested, and the Contractor Party agrees to indemnify and hold harmless the City from any claims, liability, award of attorneys’ fees or damages, and to defend any action, claim or lawsuit brought against the City for the City’s refusal to disclose any Requested Confidential Information. 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, prepared by Contractor in connection with this Agreement and created after the Effective Date of this Agreement for the City (the “Work Product”) will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to 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. Accessibility Baseline Assessment and Action Plan Development Page 4 of 9 Professional/Consulting Contracts /Version: March 2025 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 and/or; (b) Completion of the original Services by others and/or; (c) Subsequent additions to the original Services consistent with this Agreement’s restrictions and/or and share it with the vendor provided that any such vendor being disclosed any Contractor information expressly agrees in advance of any disclosure to the terms of sections 6 and 7.1 of the Agreement. (d) Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic of the Work Product. 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. Accessibility Baseline Assessment and Action Plan Development Page 5 of 9 Professional/Consulting Contracts /Version: March 2025 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: (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 reasonable costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, or a purchase order, or other transaction. 11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6 This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations Accessibility Baseline Assessment and Action Plan Development Page 6 of 9 Professional/Consulting Contracts /Version: March 2025 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. 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 Nidhi Mathur 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. Accessibility Baseline Assessment and Action Plan Development Page 7 of 9 Professional/Consulting Contracts /Version: March 2025 Contractor Project Manager. Subject to City approval, Contractor assigns Logan Amstey 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 therefore within ten (10) business days’ notice to Contractor. 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 section. 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. If this Agreement is terminated without cause, City shall provide Contractor with ten (10) business days' notice of termination. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If either Party 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. Accessibility Baseline Assessment and Action Plan Development Page 8 of 9 Professional/Consulting Contracts /Version: March 2025 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. 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: Accessibility Baseline Assessment and Action Plan Development Page 9 of 9 Professional/Consulting Contracts /Version: March 2025 To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Nidhi Mathur Email: nidhim@cupertino.org To Contractor: TPGi 17757US 19 North, Suite 200 Clearwater, FL 33764 Attention: Lewis Lamb Email: llamb@vispero.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. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation TPG Interactive, LLC., By By Name Name Title Title Date Date APPROVED AS TO FORM: MICHAEL K. WOO Senior Assistant City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date DEBRA RAPSIS Director of Operations 08/18/2025 Teri Gerhardt CTO 08/18/2025 08/18/2025 TPGi 17757 US 19 North, Suite 560, Clearwater, FL 33764, USA Response to the City of Cupertino - SOW- Accessibility Baseline Assessment and Action Plan Development 2025-06-06 Prepared by: Logan Amstey, lamstey@tpgi.com Table of Contents TPGi Company Introduction and Qualification ............................................................................................. 6 Purpose and Goal of Accessibility Initiative .................................................................................................. 6 Scope of Work ............................................................................................................................................... 7 Task 1: Digital Accessibility Baseline Assessment ..................................................................................... 7 Audit of the City of Cupertino’s Website (Cupertino.gov) .................................................................... 7 Top 100 Digital Documents Audit Approach......................................................................................... 8 Online Forms linked to the City of Cupertino’s Website ...................................................................... 8 Mobile Applications .............................................................................................................................. 9 Reports Summary ................................................................................................................................ 10 Task 2: Action Plan Development ........................................................................................................... 10 PDF Accessibility Remediation Guidance/Pricing ............................................................................... 10 City of Cupertino employee Training in Accessibility Best Practices .................................................. 11 Task 3: Final Report and Presentation .................................................................................................... 12 Approach Summary .................................................................................................................................... 12 Pricing Table ................................................................................................................................................ 13 Appendix A: Scope ...................................................................................................................................... 13 User Flow: Common Components .......................................................................................................... 13 Header ................................................................................................................................................. 13 Site Navigation .................................................................................................................................... 13 Site Navigation – Mega-SubMenu ...................................................................................................... 14 Footer & Back to Top .......................................................................................................................... 14 User Flow: Home ..................................................................................................................................... 14 Hero Carousel Panel ............................................................................................................................ 14 Do It Online Tiles ................................................................................................................................. 14 The Latest – Tabs ................................................................................................................................ 15 The Latest – News Panel ..................................................................................................................... 16 The Latest – Meetings Panel ............................................................................................................... 16 The Latest – Events Panel ................................................................................................................... 17 What’s Going On Panel ....................................................................................................................... 17 Cupertino by the Numbers ................................................................................................................. 18 Subscribe & Submit 311 Request Panel .............................................................................................. 18 User Flow: Parks & Recreation ................................................................................................................ 18 Tiles Listing .......................................................................................................................................... 18 Parks and Recreation News ................................................................................................................ 18 Parks & Recreation Sidebar................................................................................................................. 19 User Flow: Cupertino Calendar ............................................................................................................... 20 Heading & Calendar Filters ................................................................................................................. 20 Calendar .............................................................................................................................................. 21 Calendar Event Popup ......................................................................................................................... 21 User Flow: Planning and Zoning .............................................................................................................. 22 Planning and Zoning Menu ................................................................................................................. 22 Planning Header & Tiles ...................................................................................................................... 22 Virtual Booking – Header .................................................................................................................... 24 Virtual Booking – Date & Time Pickers ............................................................................................... 24 Virtual Booking – Add Your Details ..................................................................................................... 24 Virtual Booking – Provide Additional Information .............................................................................. 25 Planning – Contact Us ......................................................................................................................... 25 User Flow: Permits .................................................................................................................................. 26 Permit Intro & Tiles ............................................................................................................................. 26 Permit Accordion ................................................................................................................................ 27 User Flow: City Council ........................................................................................................................... 27 City Council Members ......................................................................................................................... 27 User Flow: Search Results ....................................................................................................................... 28 Search Results ..................................................................................................................................... 28 Search Results Pagination ................................................................................................................... 28 Search Sidebar Panel ........................................................................................................................... 28 User Flow: Sports Center ........................................................................................................................ 29 Tiles & Mini Tiles ................................................................................................................................. 29 Fees Table ........................................................................................................................................... 29 Personal Training – Personal Trainers................................................................................................. 30 Facility Snapshot ................................................................................................................................. 30 User Flow: Camps .................................................................................................................................... 31 Side Panel Navigation ......................................................................................................................... 31 User Flow: City News .............................................................................................................................. 32 Search News ........................................................................................................................................ 32 User Flow: Business License .................................................................................................................... 33 Embedded YouTube Video .................................................................................................................. 33 User Flow: Maps and GIS (Geographic Information System) ................................................................. 33 Animated Hero Panel .......................................................................................................................... 33 Cards ................................................................................................................................................... 34 User Flow: Business Directory................................................................................................................. 34 Page Heading & Hero Panel ................................................................................................................ 34 Language, Map Display & Sort Controls ............................................................................................. 35 Filter Options ...................................................................................................................................... 35 Business Listing ................................................................................................................................... 36 Business Listing Pagination ................................................................................................................. 36 Business Listing Embedded Google Map ............................................................................................ 36 User Flow: Environment & Sustainability ............................................................................................... 36 Partners & Affiliations ......................................................................................................................... 36 Want Updates? ................................................................................................................................... 37 Upcoming Events ................................................................................................................................ 37 User Flow: Large Event Rooms ............................................................................................................... 38 Rental Fees and Hours ........................................................................................................................ 38 Virtual Tour and Photos ...................................................................................................................... 38 Photos Lightbox Carousel.................................................................................................................... 39 Reception Hall Retal Fees Table & Footnote ...................................................................................... 39 User Flow: Garbage and Recycling .......................................................................................................... 40 Garbage and Recycling Content .......................................................................................................... 40 User Flow: Departments ......................................................................................................................... 41 Department Search ............................................................................................................................. 41 Department Search Results ................................................................................................................ 42 User Flow: Council Meeting / Event Request Form ................................................................................ 42 Council Meeting/Event Request Form – Event Info ............................................................................ 42 Council Meeting/Event Request Form – Requestor Info .................................................................... 43 User Flow: Legistar Meetings .................................................................................................................. 44 Legistar Header with Tabs ................................................................................................................... 44 List View / Calendar View Tabs ........................................................................................................... 45 List View – Search Calendar ................................................................................................................ 45 List View – Search Calendar ................................................................................................................ 45 List View – Group & Export ................................................................................................................. 45 List View – Table ................................................................................................................................. 45 Calendar View – Date Filter & Picker .................................................................................................. 46 Calendar View – Toolbar ..................................................................................................................... 46 Calendar View – Day ........................................................................................................................... 47 Calendar View – Week ........................................................................................................................ 47 Calendar View – Month ...................................................................................................................... 47 Calendar View – Timeline ................................................................................................................... 48 TPGi Company Introduction and Qualification TPG Interactive, LLC (TPGi), a Vispero company, is a global leader in digital accessibility, bringing over two decades of deep expertise to help organizations create inclusive, compliant digital experiences. Founded by accessibility pioneer Mike Paciello and now integrated into the world’s largest assistive technology ecosystem through Vispero, TPGi is uniquely positioned to support the full spectrum of accessibility initiatives. Our core services span accessibility audits, usability testing, compliance consulting, training, and accessibility program development. In addition to our professional services, we offer powerful software solutions such as ARC, an enterprise-grade accessibility management platform that centralizes testing, issue tracking, and monitoring of accessibility performance. TPGi is a recognized authority on the Web Content Accessibility Guidelines (WCAG), actively contributing to the W3C working groups that develop these international standards. Our audits are rigorously aligned with WCAG 2.1 AA success criteria and can consider the evolving requirements of WCAG 2.2. We further ensure conformance with ADA Title II, Section 508, and other applicable legal frameworks by combining our technical assessments with human-centered testing methodologies, including the use of assistive technologies by native users. Our subject matter experts include IAAP-certified accessibility professionals and individuals with disabilities who bring real-world usability insights to each engagement. TPGi has a robust portfolio of public sector experience, having served numerous federal, state, and local government clients. Recent engagements include accessibility initiatives with the U.S. Department of Veterans Affairs, the U.S. Department of Health and Human Services, the Social Security Administration, local government entities such as the City of Merced and City of Philadelphia, and various county agencies across the United States. Our services in these contexts have spanned from detailed digital accessibility audits of web and document content to high-level strategic consulting on policy and organizational accessibility maturity. References for these projects are available upon request and demonstrate our consistent ability to deliver value and compliance in complex, multi-stakeholder environments. TPGi offers the City of Cupertino a proven, trusted partner with the technical, legal, and strategic capabilities needed to meet their ambitious digital accessibility goals. We are committed to delivering not only compliance, but digital equity for all Cupertino residents and visitors. Purpose and Goal of Accessibility Initiative The City of Cupertino’s digital accessibility initiative is a strategic effort to ensure that all members of the community, regardless of ability, can equitably access public information, services, and resources through the City’s digital platforms. This engagement is established to formalize a professional services agreement with TPGi, a trusted industry leader in digital accessibility, to comprehensively assess and enhance the accessibility of Cupertino’s public-facing website, digital forms, and electronic documents. Through this collaboration, the City aims to bring its digital assets into full alignment with the accessibility requirements set forth under the Americans with Disabilities Act (ADA) Title II and the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, in accordance with the U.S. Department of Justice’s April 2024 final rule mandating compliance by April 2026. The first major objective of this initiative is to establish a robust, evidence-based understanding of Cupertino’s current digital accessibility posture. This will be achieved through a multifaceted audit process that includes automated testing, manual expert evaluation, and assistive technology testing across a representative sample of the City’s website components, digital documents, and interactive online forms. This baseline assessment will identify areas of conformance, non-conformance, and will highlight structural and functional gaps that pose barriers to users with disabilities. The second major goal is to translate the findings of this baseline assessment into a forward-looking, strategic roadmap that guides Cupertino’s journey toward digital accessibility maturity. Developed in close collaboration with City stakeholders and led by TPGi’s Chief Accessibility Officer, Dr. David Sloan, this roadmap will prioritize remediation actions, outline training needs, and provide implementation guidance to ensure that all compliance efforts are sustainable, scalable, and aligned with both legal standards and best practices. The roadmap will serve as both a tactical plan and an organizational resource to support ongoing accessibility governance, capacity-building, and community inclusion through April 2026 and beyond. Scope of Work Task 1: Digital Accessibility Baseline Assessment Audit of the City of Cupertino’s Website (Cupertino.gov) TPGi will conduct a thorough accessibility audit of the City of Cupertino’s public-facing website, Cupertino.gov, with a targeted focus on the 53 individual components outlined in Appendix A of this proposal. In this context, a component refers to a discrete, reusable element of the website that delivers content or functionality, such as navigation menus, form fields, content panels, calendars, interactive maps, data tables, or media players. Components are the foundational building blocks of modern web design and often appear across multiple pages and user flows. Our adoption of a component-based audit methodology is a strategic decision grounded in both efficiency and fiscal responsibility. Rather than testing every page in its entirety, which can be time- consuming, redundant, and costly, TPGi focuses on representative components that encapsulate the core functionality and user experience of the website. This approach significantly reduces the engineering effort required for testing and remediation while still providing comprehensive coverage of accessibility issues that are systemic in nature. It ensures that once an issue is identified and resolved at the component level, it can be scaled effectively across the entire site. The audit will evaluate each component against the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA success criteria, in full alignment with the ADA Title II compliance standards. Testing will involve a hybrid methodology: automated scanning to quickly identify detectable issues, followed by detailed manual expert review to capture complex barriers not surfaced through automation, such as those related to focus management, screen reader behavior, ARIA implementation, and dynamic content interaction. In addition to expert reviews, assistive technology testing will be conducted using leading tools including JAWS and NVDA screen readers, ZoomText screen magnification, and keyboard-only navigation. This ensures that all findings reflect authentic usability challenges experienced by individuals who rely on such technologies. All audit results will be delivered through TPGi’s ARC Engagement Dashboard, a centralized platform that allows Cupertino stakeholders to access, analyze, and manage findings through user-specific reporting views. Deliverables will include an Executive Summary, a Comprehensive Audit Findings Report, and a Component Issues Report, each designed to support actionable remediation and progress tracking. By focusing on components, TPGi provides the City of Cupertino with a cost-effective, scalable solution that maximizes coverage while minimizing duplication of effort, enabling the city to take meaningful and sustainable steps toward digital accessibility compliance and inclusion. Top 100 Digital Documents Audit Approach As part of the City of Cupertino’s digital accessibility initiative, TPGi will lead a comprehensive audit of the City’s most accessed digital documents, originally identified as the “Top 100.” These documents include public-facing PDFs and other electronic formats such as Microsoft Word, Excel, and PowerPoint files. Upon initial review, it was determined that several entries in this set were either duplicate files or links that redirected to the same source document. As a result, the final audit scope includes 93 unique PDF documents and one PowerPoint presentation, all of which represent high-value content regularly accessed by Cupertino constituents. The document accessibility audit will be conducted in partnership with Crawford Technologies, a trusted third-party specialist in PDF and document remediation. Crawford Technologies will evaluate each document for conformance with WCAG 2.1 Level AA and PDF/UA standards, ensuring full compatibility with assistive technologies such as screen readers and screen magnifiers. Their remediation process includes tagging content structure, adding appropriate alternative text for images, ensuring logical reading order, addressing color contrast issues, and ensuring the documents are navigable via keyboard and screen reader. The files will undergo both automated and manual review processes to ensure that accessibility barriers are fully identified and addressed. Any documents that include fillable form fields or contain scanned (OCR) content will be treated with additional care to ensure proper field labeling, focus order, and content recognition. Where legacy formatting or inaccessible design elements are present, Crawford will apply strategies in compliance with industry standards while maintaining the integrity of the original content layout. The results of this engagement will include remediated versions of the documents, ready for re- publication, along with a summary report that outlines issues identified and corrected. TPGi and Crawford will coordinate closely with City personnel to ensure that source file formats are preserved where appropriate and that future document creation aligns with accessible design principles. This document remediation effort represents a critical step in Cupertino’s roadmap toward ADA Title II compliance, ensuring that the City’s most publicly visible and operationally important digital resources are fully accessible to all users. Online Forms linked to the City of Cupertino’s Website TPGi will conduct a comprehensive accessibility evaluation of the online forms linked to the City of Cupertino’s website (Cupertino.gov). During the initial scoping process, TPGi identified several critical forms that facilitate public interaction with City services, including event and meeting requests and service-related submissions. These forms represent essential access points for residents and must be fully accessible to comply with ADA Title II and WCAG 2.1 Level AA standards. The proposed audit will focus on both natively developed web forms and those integrated via third- party platforms, such as OpenForms. Each form will be reviewed for key accessibility criteria, including proper field labeling, keyboard navigation, error identification and suggestion, logical focus order, and compatibility with assistive technologies such as screen readers and screen magnifiers. Particular attention will be given to forms that incorporate dynamic or conditional content such as expandable sections, date pickers, or validation elements to ensure they are operable and understandable by users with a wide range of disabilities. Forms will be tested using a hybrid methodology combining automated tools with manual expert review and assistive technology testing, including JAWS and NVDA screen readers and keyboard-only navigation. All findings will be delivered through the ARC Engagement Dashboard, which will provide Cupertino with clear, actionable insights and a prioritized roadmap for remediation. TPGi’s component-based audit model ensures that any recurring form elements or design patterns are tested once but addressed comprehensively across the site, optimizing both audit and engineering resources. This proposed audit of Cupertino’s online forms is a critical element of the City’s broader initiative to deliver accessible, inclusive, and legally compliant digital services to its residents and stakeholders. Mobile Applications During the scoping phase of this engagement, TPGi conducted a preliminary investigation into the mobile applications identified by the City of Cupertino for accessibility review. This included two internally developed apps, the McClellan Ranch app and the Artour app, available for Android and iOS platforms. Despite our team’s extensive efforts, we encountered significant technical and environmental limitations that have prevented us from effectively accessing or evaluating these applications. For the McClellan Ranch app, our team implemented a third-party location spoofing tool to simulate coordinates within Cupertino to access location-specific functionality. While this approach allowed basic simulation on Android, the application consistently froze upon launch, rendering it unusable. The app was last updated on September 13, 2024, suggesting that platform compatibility or software stability may be contributing factors. On iOS, spoofing location data is inherently more restrictive and attempts using available tools were unsuccessful, further complicating access to the app’s content and functionality. For the Artour app, our team was unable to install the application on any of our Android devices, either TPGi-owned or personal. The Google Play Store indicates that the app is “not available for any of your devices,” and the last available update was posted on January 18, 2022. The iOS version requires iOS 11.0 or later but given the application’s apparent age (copyright 2020) and lack of recent updates, concerns remain regarding its compatibility and stability for testing on modern devices. TPGi has already invested substantial time attempting to gain access to these mobile applications through various methods, but further progress is not feasible without direct collaboration with the City. Specifically, we would require City-facilitated access to functional test accounts, walk-throughs of intended app behavior and flows, and possible developer-side support to bypass location or device restrictions. Without this access and guidance, we are unable to properly scope or audit the mobile applications in accordance with WCAG 2.1 AA or ADA Title II requirements. The mobile applications have been excluded from the scope of this proposal. Should the City of Cupertino wish to pursue accessibility auditing of these mobile assets in the future, TPGi stands ready to support this work contingent upon the availability of the technical access and resources required to execute a thorough and standards-based evaluation. Reports Summary Upon completion of the accessibility audits, TPGi will provide the City of Cupertino with a comprehensive set of deliverables designed to inform remediation planning and support long-term accessibility compliance. These deliverables will include a summary of findings that captures key observations across all tested assets, and an overall maturity rating that reflects the City’s current digital accessibility posture in alignment with WCAG 2.1 Level AA and ADA Title II standards. In addition, TPGi will deliver a list of key issues and non-compliant elements, organized by severity and user impact. This will be accompanied by a prioritized gap analysis, enabling the city to focus resources on the most critical barriers first. The report package will include initial remediation recommendations that offer practical, standards-based guidance to support resolution of the identified issues. All reporting will be accessible through the ARC Engagement Dashboard, allowing city staff to view, export, and manage findings through a secure, role-specific interface. These deliverables are designed to equip Cupertino’s teams with the clarity and tools necessary to advance toward full digital accessibility and compliance. Task 2: Action Plan Development PDF Accessibility Remediation Guidance/Pricing To support the City of Cupertino in achieving full digital accessibility compliance, TPGi has partnered with Crawford Technologies, a leading provider of document accessibility solutions, to offer comprehensive PDF remediation services. Following an initial review of the City’s top 100 digital documents, we identified 93 unique PDFs and one PowerPoint file for remediation. This estimate is based on 1,746 standard pages and 30 presentation slides. Crawford Technologies will use industry-standard tools such as Adobe Acrobat Pro DC and PAC 2024 to perform the remediation work in accordance with WCAG 2.1 Level AA and PDF/UA standards. The workflow includes tagging for proper reading order, applying accessible names and descriptions for non- text elements, correcting contrast issues where feasible, and ensuring keyboard navigability. All remediated documents will be tested with screen readers to validate real-world usability and compliance. In addition to third-party remediation services, TPGi recommends that Cupertino adopt a forward- looking strategy to reduce long-term remediation needs by empowering staff to create accessible documents from the outset. Best practices include: Using built-in accessibility features in Microsoft Word, Excel, and PowerPoint. Applying proper heading structures and styles. Providing descriptive alt text for all images and graphics. Ensuring sufficient color contrast and avoiding color as the sole means of conveying information. Using accessibility checkers within authoring tools prior to publishing or exporting documents. By combining expert remediation services with practical guidance and staff enablement, TPGi ensures Cupertino’s digital documents are accessible, sustainable, and aligned with legal and ethical accessibility standards. City of Cupertino employee Training in Accessibility Best Practices As part of this engagement, TPGi will provide two targeted training sessions to equip City of Cupertino staff with the knowledge and skills necessary to support the creation and maintenance of accessible digital content. These live, virtual sessions will be delivered through TPGi’s A La Carte training model, which offers focused, expert-led instruction tailored to the roles and responsibilities of the participating teams. The sessions selected for this engagement are: 1.Accessible Content Fundamentals This session is designed for content creators who work within content management systems or WYSIWYG editors and have limited access to source code. It will address core accessibility principles applicable to the content production process. Topics include: o Structuring accessible text content o Creating descriptive and meaningful links o Proper use of images and alternative text o Color contrast considerations o Logical document structure (e.g., headings and lists) o Basic email accessibility principles 2.Explaining WCAG This session will provide an overview of the Web Content Accessibility Guidelines (WCAG), with a focus on the latest 2.1/2.2 success criteria. It is ideal for staff needing a foundational understanding of the guidelines and their application in everyday work. Topics include: o Introduction and history of WCAG o New WCAG 2.1/2.2 success criteria o Detailed explanation of each criterion o Practical examples and exceptions o Key considerations for real-world implementation Each session is 90 minutes and will be delivered in a private virtual format to allow for direct interaction and Q&A with TPGi’s accessibility trainers. Recordings and supplementary materials will be provided for future reference and onboarding purposes. These training sessions are designed not only to address current needs but also to build internal capacity for sustained accessibility compliance and best practices moving forward. Recommended Remediation Steps Based on the audit findings, the action plan will outline specific, prioritized remediation steps for the City’s website components, online forms, and digital documents. These steps will be broken down by content type and severity of non-conformance, enabling the City to address high-impact barriers first while building momentum for broader improvements. Recommended Tools and Platforms To support ongoing compliance, TPGi will recommend accessibility management tools such as our ARC Platform, which enables real-time tracking of issues, role-based reporting, and automated monitoring. Additional recommendations may include document accessibility tools (e.g., Adobe Acrobat Pro), browser testing extensions, and screen reader emulators. Staff Training and Capacity-Building Requirements The action plan will highlight specific training needs for various roles, supported by TPGi’s recommended course offerings. This will ensure that Cupertino’s teams are not only equipped to remediate current issues but also to maintain accessibility long term. Training will focus on accessible content creation, WCAG comprehension, document remediation, and inclusive procurement practices. By combining technical rigor with strategic insight, this Action Plan will provide Cupertino with a sustainable, institutionally supported roadmap to digital equity ensuring compliance is not only achieved but maintained as part of the City’s operational standard. Task 3: Final Report and Presentation Upon completion of the audit and strategic planning phases, TPGi will deliver a comprehensive final report that consolidates all findings, analyses, and actionable recommendations. This report will include a summary of the current state of digital accessibility across Cupertino’s public-facing assets, a prioritized list of non-compliant elements, a detailed gap analysis, and specific remediation strategies aligned with WCAG 2.1 Level AA and ADA Title II compliance requirements. To support internal communication and strategic alignment, TPGi will also provide an executive-level presentation tailored for the City’s Information & Technology (I&T) staff. This presentation will outline the regulatory framework, summarize key audit insights, and clearly map Cupertino’s path toward achieving full compliance by April 2026. Designed for both technical and non-technical audiences, the presentation will serve as a tool to support cross-departmental understanding and advocacy for digital accessibility. Additionally, TPGi will provide supplementary materials, including presentation slides, audit summaries, and training content, to ensure that City staff can reference and disseminate key information beyond the engagement period. These resources will be crafted to support continued education, policy integration, and long-term capacity-building for sustainable accessibility governance. Approach Summary Our proposed services and associated costs are as follows: Accessibility Audit A full audit of 53 website components using automated, manual, and assistive technology testing methods. Findings will be documented in actionable reports via the ARC Dashboard. Accessibility HelpDesk Access to TPGi’s expert Accessibility HelpDesk to support City staff with implementation questions, remediation guidance, and clarification of audit findings on an as-needed basis. ARC Platform Annual license for access to the ARC Engagement Dashboard, a centralized platform for managing audit results, remediation tracking, and compliance reporting. PDF/Document Remediation Remediation of 93 unique PDFs and one PowerPoint file in partnership with Crawford Technologies, ensuring conformance with PDF/UA and WCAG standards. Accessibility Training: Private Virtual Sessions (2) Delivery of two 90-minute private virtual training sessions, Accessible Content Fundamentals and Explaining WCAG, including session recordings and materials for future staff use. This approach ensures Cupertino receives not only technical evaluation but also the strategic planning, training, and support required to achieve and sustain digital accessibility compliance. Pricing Table Accessibility Audit $26,818 Accessibility HelpDesk $3,657 ARC Platform $3,500 PDF/ Document Remediation $7,104 Accessibility Training: Private Virtual Session (A La Carte) – (2) $5,000 Total $46,079 Appendix A: Scope User Flow: Common Components Header https://www.cupertino.gov/Home Site Navigation https://www.cupertino.gov/Home EXHIBITS A, B & C Site Navigation – Mega-SubMenu https://www.cupertino.gov/Home Footer & Back to Top https://www.cupertino.gov/Home User Flow: Home Hero Carousel Panel https://www.cupertino.gov/Home Do It Online Tiles https://www.cupertino.gov/Home The Latest – Tabs https://www.cupertino.gov/Home The Latest – News Panel https://www.cupertino.gov/Home The Latest – Meetings Panel https://www.cupertino.gov/Home The Latest – Events Panel https://www.cupertino.gov/Home What’s Going On Panel https://www.cupertino.gov/Home Cupertino by the Numbers https://www.cupertino.gov/Home Subscribe & Submit 311 Request Panel https://www.cupertino.gov/Home User Flow: Parks & Recreation Tiles Listing https://www.cupertino.gov/Parks-Recreation Parks and Recreation News https://www.cupertino.gov/Parks-Recreation Parks & Recreation Sidebar https://www.cupertino.gov/Parks-Recreation Excludes Flippingbook fullscreen view and content. User Flow: Cupertino Calendar Heading & Calendar Filters https://www.cupertino.gov/Meetings/Cupertino-Calendar Calendar https://www.cupertino.gov/Meetings/Cupertino-Calendar Calendar Event Popup https://www.cupertino.gov/Meetings/Cupertino-Calendar User Flow: Planning and Zoning Planning and Zoning Menu https://www.cupertino.gov/Your-City/Departments/Community-Development/Planning Includes default and expanded state Planning Header & Tiles https://www.cupertino.gov/Your-City/Departments/Community-Development/Planning Virtual Booking – Header https://www.cupertino.gov/Your-City/Departments/Community-Development/Planning Virtual Booking – Date & Time Pickers https://www.cupertino.gov/Your-City/Departments/Community-Development/Planning Virtual Booking – Add Your Details https://www.cupertino.gov/Your-City/Departments/Community-Development/Planning Virtual Booking – Provide Additional Information Planning – Contact Us https://www.cupertino.gov/Your-City/Departments/Community-Development/Planning User Flow: Permits Permit Intro & Tiles https://www.cupertino.gov/Your-City/Departments/Community-Development/Building/Permits Permit Accordion https://www.cupertino.gov/Your-City/Departments/Community-Development/Building/Permits User Flow: City Council City Council Members https://www.cupertino.gov/Your-City/City-Council User Flow: Search Results Search Results https://www.cupertino.gov/Search-Results?dlv_OC%20CL%20City%20Site%20Search=(keyword=home) Search Results Pagination https://www.cupertino.gov/Search-Results?dlv_OC%20CL%20City%20Site%20Search=(keyword=home) Search Sidebar Panel https://www.cupertino.gov/Search- Results?dlv_OC%20CL%20City%20Site%20Search=(keyword=home)(pageindex=3) User Flow: Sports Center Tiles & Mini Tiles https://www.cupertino.gov/Parks-Recreation/Sports-Center Fees Table https://www.cupertino.gov/Parks-Recreation/Sports-Center Personal Training – Personal Trainers https://www.cupertino.gov/Parks-Recreation/Sports-Center Facility Snapshot https://www.cupertino.gov/Parks-Recreation/Sports-Center User Flow: Camps Side Panel Navigation https://www.cupertino.gov/Parks-Recreation/Activities/Camps User Flow: City News Search News https://www.cupertino.gov/Your-City/Divisions/Communications/City-News User Flow: Business License Embedded YouTube Video https://www.cupertino.gov/Business-and-Development/Business/Business-License-User-Guide User Flow: Maps and GIS (Geographic Information System) Animated Hero Panel https://www.cupertino.gov/Residents/Maps-and-GIS Cards https://www.cupertino.gov/Residents/Maps-and-GIS User Flow: Business Directory Page Heading & Hero Panel https://www.cupertino.gov/Your-City/Divisions/Economic-Development/Business-Directory Language, Map Display & Sort Controls https://www.cupertino.gov/Your-City/Divisions/Economic-Development/Business-Directory Filter Options https://www.cupertino.gov/Your-City/Divisions/Economic-Development/Business-Directory Includes Disclosure Business Listing https://www.cupertino.gov/Your-City/Divisions/Economic-Development/Business-Directory Business Listing Pagination https://www.cupertino.gov/Your-City/Divisions/Economic-Development/Business-Directory Business Listing Embedded Google Map https://www.cupertino.gov/Your-City/Divisions/Economic-Development/Business-Directory User Flow: Environment & Sustainability Partners & Affiliations https://www.cupertino.gov/Your-City/Divisions/Environment-Sustainability Want Updates? https://www.cupertino.gov/Your-City/Divisions/Environment-Sustainability Upcoming Events https://www.cupertino.gov/Your-City/Divisions/Environment-Sustainability User Flow: Large Event Rooms Rental Fees and Hours https://www.cupertino.gov/Parks-Recreation/Parks-and-Facilities/Indoor-Facilities/Large-Event-Rooms Virtual Tour and Photos https://www.cupertino.gov/Parks-Recreation/Parks-and-Facilities/Indoor-Facilities/Large-Event-Rooms Photos Lightbox Carousel https://www.cupertino.gov/Parks-Recreation/Parks-and-Facilities/Indoor-Facilities/Large-Event-Rooms Reception Hall Retal Fees Table & Footnote https://www.cupertino.gov/Parks-Recreation/Parks-and-Facilities/Indoor-Facilities/Large-Event-Rooms User Flow: Garbage and Recycling Garbage and Recycling Content https://www.cupertino.gov/Your-City/Divisions/Environment-Sustainability/Garbage-and-Recycling User Flow: Departments Department Search https://www.cupertino.gov/Your-City/Departments Department Search Results https://www.cupertino.gov/Your-City/Departments User Flow: Council Meeting / Event Request Form Council Meeting/Event Request Form – Event Info https://us.openforms.com/Form/4998b5ec-e85b-4850-875f-4cada50090b5 Council Meeting/Event Request Form – Requestor Info https://us.openforms.com/Form/4998b5ec-e85b-4850-875f-4cada50090b5 User Flow: Legistar Meetings Legistar Header with Tabs https://cupertino.legistar.com/Calendar.aspx List View / Calendar View Tabs https://cupertino.legistar.com/Calendar.aspx List View – Search Calendar https://cupertino.legistar.com/Calendar.aspx List View – Search Calendar https://cupertino.legistar.com/Calendar.aspx List View – Group & Export https://cupertino.legistar.com/Calendar.aspx List View – Table https://cupertino.legistar.com/Calendar.aspx Calendar View – Date Filter & Picker https://cupertino.legistar.com/Calendar.aspx Calendar View – Toolbar https://cupertino.legistar.com/Calendar.aspx Calendar View – Day https://cupertino.legistar.com/Calendar.aspx Calendar View – Week https://cupertino.legistar.com/Calendar.aspx Calendar View – Month https://cupertino.legistar.com/Calendar.aspx Calendar View – Timeline https://cupertino.legistar.com/Calendar.aspx Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Version: May 2025 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) with coverage at least as broad as Insurance Services Office (ISO) Form CG 00 01, with limits no less than $2,000,000 per occurrence and $2,000,000 general aggregate. The policy shall include a per project or per location general aggregate endorsement as broad as CG 25 03 or CG 24 04. If a per project/location endorsement is not available, the limit of the general aggregate shall be doubled. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall allow and be endorsed "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as the most recent edition of ISO Form CG 20 01. c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess liability insurance, provided each policy follows form of the underlying policy and complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City. The City’s own insurance or self-insurance shall not be called upon. 2. Automobile Liability: Coverage shall be provided using ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 each accident for bodily injury and property damage. Not required. Consultant shall be fully remote and not use automobiles to provide the service. In the event Consultant uses an automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1), or if Consultant does not own autos (hired autos-Symbol 8 and non-owned autos-Symbol 9). Evidence shall be provided with a Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non- contributory coverage and endorsement, and waiver of subrogation coverage and endorsement under the policy prior to the use of any automobile. Consultant has provided written confirmation that it does not own any autos. Consultant shall provide coverage for hired autos-Symbol 8 and non-owned autos-Symbol 9. Primary and Non-Contributory coverage and Waiver of Subrogation coverage is waived under the Automobile Liability hired and non-owned only coverage. In the event Consultant uses an owned automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1). EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts x Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Version: May 2025 In lieu of Business Automobile Liability, Consultant shall maintain throughout the term of this Agreement and provide the City with evidence (including the policy Declarations Page) of personal automobile insurance coverage in accordance with the laws of the State of California. As available under the policy, evidence shall be provided with the Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and endorsement. City approval of coverage is required prior to commencement of services. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 each accident/ disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, if applicable and as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims-made basis form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance policies shall contain, be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered and endorsed as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or if not available, through the addition of both CG 20 10 and CG 20 37 forms, if later editions are used). Primary and Non-Contributory Coverage Except Workers Compensation, coverage afforded to City/Additional Insureds shall allow and be endorsed primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. If a carrier will not provide the required notice of cancellation or policy modification, the Consultant shall provide written notice to the City of a cancellation or policy modification no later than 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the General Liability, Automobile Liability and Workers’ Compensation policies shall allow and be endorsed with a waiver of subrogation in favor of City, its employees, agents and volunteers. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 3 Version: May 2025 Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City (Insert on the Certificate of Insurance, if zero, insert “$0”). At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher. Verification of Coverage Consultant must furnish acceptable insurance certificates and amendatory endorsements (or copies of the policies effecting the coverage required by this Contract), including a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including indemnification, defense, and naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND 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 TO RENTEDCLAIMS-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/OP AGGJECT 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 - POLICY LIMITDESCRIPTION OF OPERATIONS below 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 7/17/2025 (727) 797-0441 (727) 669-0673 20281 TPG Interactive, LLC f/k/a The Paciello Group, LLC 17757 US Hwy 19 No., Suite 200 Clearwater, FL 33764 20397 15792 16624 A 1,000,000 X X 35881715 4/10/2025 4/10/2026 1,000,000 10,000 1,000,000 2,000,000 2,000,000 X No Deductible GLOBAL AGG XS D 5,000,000 1,000,000A X 73551985 4/10/2025 4/10/2026 No Liability Ded 10,000,000A 79854463 4/10/2025 4/10/2026 10,000,000 0 B X 71704834 4/10/2025 4/10/2026 1,000,000N1,000,000 1,000,000 C Cyber/Tech E&O TRCP2552W2 4/10/2025 Per Claim Aggregate 5,000,000 D Employee Theft 0313-3392 4/10/2025 4/10/2026 Limit 2,000,000 Workers' Compensation Deductible: $0 Cyber Liability/Tech Errors & Omissions Retention: $100,000 City of Cupertino, CA is included as additional insured on a primary and non-contributory basis for general liability as required by written contract or agreement. 30 days' notice of cancellation, except 10 days for non-payment of premium is included as required by written contract or agreement. Waiver of subrogation is included for general liability and workers compensation. City of Cupertino Office of the City Manager 10300 Torre Ave Cupertino, CA 95014 FREESCI-02 LSCUTERI Hub International Florida One Urban Centre 4830 W. Kennedy BoulevardTampa, FL 33609 Federal Insurance Company Vigilant Insurance Company Lloyd's of London Allied World Specialty Insurance Company X 4/10/2026 X X X X X X X X X Accessibility Baseline Assessment and Action Plan Development Final Audit Report 2025-08-18 Created:2025-08-14 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAARfaCUk5NxXCMOncSQY7UDEIfhOC78xaG "Accessibility Baseline Assessment and Action Plan Developme nt" History Document created by Webmaster Admin (webmaster@cupertino.org) 2025-08-14 - 3:24:52 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2025-08-14 - 3:31:04 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2025-08-14 - 3:31:34 PM GMT- IP address: 18.234.167.64 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2025-08-14 - 5:57:02 PM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to llamb@vispero.com for signature 2025-08-14 - 5:57:10 PM GMT Email viewed by llamb@vispero.com 2025-08-14 - 7:24:42 PM GMT- IP address: 104.47.55.254 Webmaster Admin (webmaster@cupertino.org) replaced signer llamb@vispero.com with DEBRA RAPSIS (drapsis@tpgi.com) 2025-08-18 - 3:19:19 PM GMT- IP address: 64.165.34.3 Document emailed to DEBRA RAPSIS (drapsis@tpgi.com) for signature 2025-08-18 - 3:19:21 PM GMT Email viewed by DEBRA RAPSIS (drapsis@tpgi.com) 2025-08-18 - 3:19:45 PM GMT- IP address: 104.47.59.254 Document e-signed by DEBRA RAPSIS (drapsis@tpgi.com) Signature Date: 2025-08-18 - 3:20:57 PM GMT - Time Source: server- IP address: 216.212.40.235 Document emailed to Michael Woo (michaelw@cupertino.org) for signature 2025-08-18 - 3:21:01 PM GMT Email viewed by Michael Woo (michaelw@cupertino.org) 2025-08-18 - 3:26:43 PM GMT- IP address: 3.14.15.23 Document e-signed by Michael Woo (michaelw@cupertino.org) Signature Date: 2025-08-18 - 4:24:43 PM GMT - Time Source: server- IP address: 73.170.186.236 Document emailed to Teri Gerhardt (terig@cupertino.org) for signature 2025-08-18 - 4:24:50 PM GMT Email viewed by Teri Gerhardt (terig@cupertino.org) 2025-08-18 - 4:39:25 PM GMT- IP address: 104.47.73.126 Document e-signed by Teri Gerhardt (terig@cupertino.org) Signature Date: 2025-08-18 - 4:40:21 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2025-08-18 - 4:40:28 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2025-08-18 - 6:15:33 PM GMT- IP address: 104.47.74.126 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2025-08-18 - 6:15:55 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2025-08-18 - 6:15:55 PM GMT