08-04-15 Searchable PacketCITY OF CUPERTINO
AGENDA
Tuesday, August 4, 2015
10350 Torre Avenue, Council Chamber
CITY COUNCIL
6:45 PM
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1.Subject: a. Presentation from Midpeninsula Regional Open Space District Board
member Yoriko Kishimoto regarding Midpen's Open Space Vision Plan; and b.
Present proclamation to Midpeninsula Open Space District
Recommended Action: Receive presentation and present proclamation
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on
any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases,
State law will prohibit the council from making any decisions with respect to a matter
not listed on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a
member of the public, it is requested that items under the Consent Calendar be acted on
simultaneously.
2.Subject: Approve the June 30 City Council minutes
Recommended Action: Approve the minutes
A - Draft Minutes
3.Subject: Approve the July 7 City Council minutes
Recommended Action: Approve the minutes
A - Draft Minutes
4.Subject: Accept Accounts Payable for the period ending June 12, 2015.
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August 4, 2015City Council AGENDA
Recommended Action: Adopt Resolution No. 15-062 accepting Accounts Payable
for the period ending June 12, 2015.
A - Draft Resolution
B - AP Report
5.Subject: Accept Accounts Payable for the period ending June 19, 2015
Recommended Action: Adopt Resolution No. 15-063 accepting Accounts Payable
for the period ending June 19, 2015
A - Draft Resolution
B - AP Report
6.Subject: Accept Accounts Payable for the period ending June 26, 2015
Recommended Action: Adopt Resolution No. 15-064 accepting Accounts Payable
for the period ending June 26, 2015
A - Draft Resolution
B - AP Report
7.Subject: Accept Accounts Payable for the period ending July 2, 2015
Recommended Action: Adopt Resolution No. 15-065 accepting Accounts Payable
for the period ending July 2, 2015
A - Draft Resolution
B - AP Report
8.Subject: A resolution supporting the “No Traffick Ahead” Campaign taking a
stand against human trafficking in the Bay Area
Recommended Action: Adopt Resolution No. 15-066 supporting the “No Traffick
Ahead” Campaign taking a stand against human trafficking in the Bay Area before
the 2016 Super Bowl and beyond
Staff Report
A - Draft Resolution
B - FAQ on Human Trafficking - SF
9.Subject: Amendment #1 to the professional services contract with 4Leaf, Inc., for
plan review services for the Apple Campus 2 parking garage project.
Recommended Action: 1. Authorize the City Manager to execute Amendment #1
with 4Leaf, Inc., for plan review services for the Apple Campus 2 parking garage
project and adding $95,000 to the original contract of $374,744, for a total amount
not to exceed $469,744 and;
2. Authorize the City Manager to execute contract amendments to the extent that the
costs are recovered from the project applicant.
Staff Report
A - Draft Amendment #1
B - Original Contract
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August 4, 2015City Council AGENDA
10.Subject: Professional services agreement with 4Leaf, Inc., for building inspection
services for the Apple Campus 2 Phase 2 project.
Recommended Action: 1. Authorize the City Manager to execute a professional
services agreement with 4Leaf, Inc., to provide building inspection services for the
Apple Campus 2 Phase 2 project in the amount not to exceed $469,744 and;
2. Authorize the City Manager to execute contract amendments to the extent that the
costs are recovered from the project applicant.
Staff Report
A - Draft Contract
11.Subject: Amendment to the professional services contract with 4Leaf, Inc., for
plan review services for the Main Street project
Recommended Action: 1. Authorize the City Manager to execute Amendment #2
with 4Leaf, Inc. for plan review services for the Main Street project, extending the
date of the contract to June 30, 2016; and
2. Authorize the City Manager to execute contract amendments to the extent that the
costs are recovered from the project applicant.
Staff Report
A - Original Contract
B - Amendment #1
C - Draft Amendment #2
12.Subject: Application for Alcoholic Beverage License for Mod Pizza, 10815
North Wolfe Road, Suite 106
Recommended Action: Recommend approval of the Alcoholic Beverage License to
the California Department of Alcoholic Beverage Control for Mod Pizza, 10815
North Wolfe Road, Suite 106
Staff Report
A - Application
13.Subject: Application for Alcoholic Beverage License for 1000 Degrees Pizzeria,
20674 Homestead Road
Recommended Action: Recommend approval of the Alcoholic Beverage License to
the California Department of Alcoholic Beverage Control for 1000 Degrees Pizzeria,
20674 Homestead Road
Staff Report
A - Application
14.Subject: Application for Alcoholic Beverage License for Rubio's Fresh Mexican
Grill, 20688 Stevens Creek Boulevard
Recommended Action: Recommend approval of the Alcoholic Beverage License to
the California Department of Alcoholic Beverage Control for Rubio's Fresh Mexican
Grill, 20688 Stevens Creek Boulevard
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August 4, 2015City Council AGENDA
Staff Report
A - Application
SECOND READING OF ORDINANCES
15.Subject: An ordinance amending Title 2 of the Cupertino Municipal Code to add
Chapter 2.94 establishing the Sustainability Commission.
Recommended Action: Conduct the second reading and enact Ordinance No.
15-2132: "An Ordinance of the City Council of the City of Cupertino amending Title
2 of the Cupertino Municipal Code to Add Chapter 2.94 establishing the
Sustainability Commission.”
Staff Report
A - Draft Ordinance
PUBLIC HEARINGS
ORDINANCES AND ACTION ITEMS
16.Subject: Hearing to approve assessment of fees on private parcels for the annual
weed abatement program
Recommended Action: Conduct hearing and adopt Resolution No. 15-067
approving the assessment of fees on private parcels for the annual weed abatement
program
Staff Report
A - Draft Resolution
B - Exhibit A Assessment Report
REPORTS BY COUNCIL AND STAFF
17.Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
ADJOURNMENT
Page 4 CITY OF CUPERTINO
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August 4, 2015City Council AGENDA
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/index.aspx?page=125 for
a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning
to attend the next City Council 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, 48 hours in advance of the Council meeting to arrange for assistance.
Upon request, in advance, by a person with a disability, City Council meeting agendas
and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format. Also upon request, in advance, an assistive
listening device can be made available for use during the meeting.
Any writings or documents provided to a majority of the Cupertino City Council after
publication of the packet will be made available for public inspection in the City
Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours
and in Council packet archives linked from the agenda/minutes page on the Cupertino
web site.
Members of the public are entitled to address the City Council concerning any item that
is described in the notice or agenda for this meeting, before or during consideration of
that item. If you wish to address the Council on any issue that is on this agenda, please
complete a speaker request card located in front of the Council, and deliver it to the
Clerk prior to discussion of the item. When you are called, proceed to the podium and
the Mayor will recognize you. If you wish to address the City Council on any other item
not on the agenda, you may do so by during the public comment portion of the meeting
following the same procedure described above. Please limit your comments to three (3)
minutes or less.
Page 5 CITY OF CUPERTINO
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0940 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:6/16/2015 City Council
On agenda:Final action:8/4/2015
Title:Subject: a. Presentation from Midpeninsula Regional Open Space District Board member Yoriko
Kishimoto regarding Midpen's Open Space Vision Plan; and b. Present proclamation to Midpeninsula
Open Space District
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council8/4/20151
Subject:a.PresentationfromMidpeninsulaRegionalOpenSpaceDistrictBoardmember
YorikoKishimotoregardingMidpen'sOpenSpaceVisionPlan;andb.Presentproclamationto
Midpeninsula Open Space District
Receive presentation and present proclamation
CITY OF CUPERTINO Printed on 7/30/2015Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0935 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:6/9/2015 City Council
On agenda:Final action:8/4/2015
Title:Subject: Approve the June 30 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council8/4/20151
Subject: Approve the June 30 City Council minutes
Approve the minutes
CITY OF CUPERTINO Printed on 7/30/2015Page 1 of 1
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, June 30, 2015
SPECIAL CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Rod Sinks called the Special City Council meeting to order in
Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of
Allegiance.
ROLL CALL
Present: Mayor Rod Sinks, Vice Mayor Barry Chang, and Council members Savita
Vaidhyanathan, and Gilbert Wong. Absent: Council member Darcy Paul.
1. Subject: Study Session on policy for processing General Plan Amendment
applications
Recommended Action: Conduct study session and comment on the proposed
procedures for processing General Plan amendment applications (Attachment A)
Description: Application No(s): CP-2015-02, Applicant(s): City of Cupertino,
Location: citywide, Policy for processing General Plan Amendment applications
Written communications included emails to Council and a staff PowerPoint
presentation.
Senior Planner Piu Ghosh reviewed the staff report via a PowerPoint presentation.
Staff answered questions from Council.
Mayor Sinks opened the public comment period and the following individuals
spoke on this item:
Catherine Alexander
Phyllis Dickstein
Jennifer Griffin
Cathy Helgerson
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Cathy Thaler
Xiaowen Wang
Lisa Warren
Kevin McClelland speaking on behalf of Cupertino Chamber of Commerce
Martin Woh
Peggy Griffin (distributed written comments)
Govind Tatachari speaking on behalf of Better Cupertino
Staff answered questions from Council.
Council provided the following comments on the proposed procedures for
processing General Plan amendment applications:
1. Move forward on a policy for processing General Plan Amendment (GPA)
requests as recommended by staff with the following additional ideas:
a. Consider accepting GPA applications for authorization twice a year
instead of annually.
b. Consider bringing back an option to allow the re-evaluation of GPA
applications that did not get selected and would like to revise and
resubmit their applications.
2. Prefer a policy instead of an ordinance at the start. Once the process is in place
and has been implemented for a few cycles, an ordinance could be considered.
ORAL COMMUNICATIONS
Cathy Thaler talked about previous issues with the temporary stoplight on Stevens Creek
Boulevard and Tantau Avenue and said that the new standard has been installed.
Arthur Lu talked about Council’s voting record for the GPA on December 4, 2014 and
asked for a redline version of the 2005 and 2040 General Plan.
Xiaowen Wang talked about the agreement with Fehr and Peers for traffic work for Vallco
and summarized the information she received from staff.
Cathy Helgerson talked about the punishment for violating the Sherman Antitrust Act
regarding the bid process.
Govind Tatachari talked about the request for a redline copy of the General Plan.
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ADJOURNMENT
At 10:05 p.m., Mayor Sinks adjourned the meeting to Tuesday, July 7 for a special
meeting beginning at 3:00 p.m. for a closed session followed by the regular meeting at
6:45 p.m., Cupertino Council Chamber, 10350 Torre Avenue.
_______________________________
Grace Schmidt, City Clerk
Staff reports, backup materials, and items distributed at the City Council meeting are
available for review at the City Clerk’s Office, 777-3223, and also on the Internet at
www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet.
Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel
99 and are available at your convenience at www.cupertino.org. Click on Agendas &
Minutes, and then click Archived Webcast. Videotapes are available at the Cupertino
Library, or may be purchased from the Cupertino City Channel, 777-2364.
10
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0672 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:2/5/2015 City Council
On agenda:Final action:8/4/2015
Title:Subject: Approve the July 7 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council8/4/20151
Subject: Approve the July 7 City Council minutes
Approve the minutes
CITY OF CUPERTINO Printed on 7/30/2015Page 1 of 1
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, July 7, 2015
SPECIAL CITY COUNCIL MEETING
ROLL CALL
At 3:00 p.m. Mayor Rod Sinks called the Special City Council meeting to order in Cupertino
City Hall Conference Room A, 10300 Torre Avenue.
Present: Mayor Rod Sinks, Vice Mayor Barry Chang, and Council members Darcy Paul Savita
Vaidhyanathan, and Gilbert Wong. Absent: None.
At 3:00 p.m. Council went into closed session and reconvened in open session at 6:45 p.m. in
the Cupertino Community Hall Council Chamber, 10350 Torre Avenue.
CLOSED SESSION
1. Subject: Conference with Legal Counsel - Anticipated Litigation: Initiation of litigation
pursuant to paragraph (4) of subdivision (d) of Gov't Code Section 54956.9 - One case
Mayor Sinks announced that Council obtained a briefing and gave direction to staff.
No action was taken.
2. Subject: Conference with legal counsel - Anticipated litigation: Significant exposure to
litigation pursuant to paragraph (2) of subdivision (d) of Gov't Code Section 54956.9-
One case
Mayor Sinks announced that Council obtained a briefing and gave direction to staff.
No action was taken.
3. Subject: Conference with Legal Counsel-Anticipated Litigation. Initiation of litigation
pursuant to paragraph (4) of subdivision (d) of Gov't Code Section 54956.9: One case
Mayor Sinks announced that Council obtained a briefing and gave direction to staff.
No action was taken.
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4. Subject: Conference with Real Property Negotiators (Gov't Code Section 54956.8)-
Property: Cupertino Municipal Water System. Agency negotiator: Timm Borden.
Negotiating parties: City of Cupertino and San Jose Water Company. Under
negotiation: Terms for City leased asset
Mayor Sinks announced that Council obtained a briefing and gave direction to staff.
No action was taken.
5. Subject: Conference with Legal Counsel-Existing Litigation pursuant to paragraph (1)
of subdivision (d) of Gov't code Section 54956.9). Name of Case: City of Saratoga; City
of Cupertino; Town of Los Gatos v. California Department of Transportation, et al.,
Case No. 115CV281214
Mayor Sinks announced that Council obtained a briefing from outside counsel and
staff and gave direction. No action was taken.
6. Subject: Public Employment (Gov't Code Section 54957) - Title: City Attorney
Mayor Sinks announced that Council obtained a briefing from the recruiter and gave
direction.
ADJOURNMENT
At 6:35 p.m. Mayor Sinks adjourned the Special City Council meeting to the Regular City
Council meeting beginning at 6:45 p.m.
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Rod Sinks called the Regular City Council meeting to order in Cupertino
Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Rod Sinks, Vice Mayor Barry Chang, and Council members Darcy Paul,
Savita Vaidhyanathan, and Gilbert Wong. Absent: None.
CEREMONIAL MATTERS AND PRESENTATION
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1. Subject: Present proclamations celebrating participants of the City’s Green Business
Challenge
Recommended Action: Present proclamations
Mayor Sinks presented the proclamations to the City’s Green Businesses.
POSTPONEMENTS - None
ORAL COMMUNICATIONS
Capt. Rick Sung from the Sheriff’s office introduced Lt. Robert Durr at the West Valley
Station.
Annie Ho, Chair of the Cupertino Library Commission talked about the latest news from the
Cupertino Library. She distributed her PowerPoint slides.
Rob Chansler from the San Francisco Shakespeare Festival invited everyone to attend Free
Shakespeare in the Park at Memorial Park beginning on July 18.
Gayathri Kanth, Cupertino Librarian, Gayathri Dandu, Teen Advisory Board member, and
Nancy Howe, Director of the Santa Clara County Library District and member of the Urban
Libraries Council talked about programs for teens at the Cupertino Library.
Cathy Helgerson talked about issues with pollution from the Lehigh Cement Plant.
CONSENT CALENDAR
Wong moved and Vaidhyanathan seconded to approve the items on the Consent Calendar as
presented with the exception of item numbers 4, 6, and 8 which were was pulled for
discussion. Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None.
Absent: None.
2. Subject: Approve the June 16 City Council minutes
Recommended Action: Approve the minutes
3. Subject: SB 321 (Beall)
Recommended Action: Adopt the Legislative Committee position of support on State
Bill 321 (Beall)
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4. Subject: Amendment to the professional services contract with 4Leaf, Inc., for
inspection services for the Apple Campus 2 project
Recommended Action: 1. Approve Amendment #1 and Scope of Services and
Compensation for the Apple Campus 2 project inspection services and; 2. Authorize
the City Manager to execute Amendment #1 with 4 Leaf, Inc., adding $933,712 to the
original contract of $9,431,390, for a total amount not to exceed $10,365,102
Mayor Sinks recused himself and stepped down from the dais. Vice Mayor Chang took
over as Chair.
Cathy Helgerson spoke on this item.
Staff answered questions from Council.
Wong moved and Vaidhyanathan seconded to approve Amendment #1 and Scope of
Services and Compensation for the Apple Campus 2 project inspection services and; 2.
Authorize the City Manager to execute Amendment #1 with 4 Leaf, Inc., adding
$933,712 to the original contract of $9,431,390, for a total amount not to exceed
$10,365,102. The motion carried with Sinks recusing.
Mayor Sinks returned to the dais.
5. Subject: Application for Alcoholic Beverage License for The Counter, 20080 Stevens
Creek Boulevard, Suite 100
Recommended Action: Recommend approval of the Alcoholic Beverage License to the
California Department of Alcoholic Beverage Control for The Counter, 20080 Stevens
Creek Boulevard, Suite 100
6. Subject: 2015 Contractual Crossing Guard Services (rebid) - Project No. 2015-25,
authority to award contract
Recommended Action: Staff recommends Council adopt Resolution 15-058 to take the
following actions: 1. Authorize the City Manager to negotiate and execute a crossing
guard services contract to include a 25% contingency if the lowest responsive bid is
within the established budget and there are no unresolved bid protests; and 2.
Authorize the City Manager to negotiate and execute an agreement with Cupertino
Unified School District and/or Fremont Union Unified School District seeking partial or
full reimbursement of additional crossing guard services if it is determined that
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expenses should be shared; and Amend approved FY 15/16 Operating Budget by an
additional amount of $60,000 for crossing guard services
Staff answered questions from Council and noted to remove the typo “Unified” from
the resolution wording to read “Cupertino Union School District and/or Fremont
Union High School District.” Staff will give information to Council in Items of Interest
regarding the 12 existing locations and any new locations determined after the
engineering study is complete.
Wong moved and Chang seconded to authorize the City Manager to negotiate and
execute a crossing guard services contract to include a 25% contingency if the lowest
responsive bid is within the established budget and there are no unresolved bid
protests; and 2. Authorize the City Manager to negotiate and execute an agreement
with Cupertino Union School District and/or Fremont Union School District seeking
partial or full reimbursement of additional crossing guard services if it is determined
that expenses should be shared; and Amend approved FY 15/16 Operating Budget by
an additional amount of $60,000 for crossing guard services. The motion carried
unanimously.
7. Subject: Approve the Grant of Easement to PG&E for existing and proposed PG&E
facilities
Recommended Action: 1. Make a finding that the proposed Grant of Easement for
existing and proposed PG&E facilities is exempt from CEQA review pursuant to 14
Cal.Code Regs Sections 15301, 15303(d) and 15061(b)(3); and 2. Adopt Resolution No.
15-059 granting an easement to PG&E
8. Subject: 2015 Reconstruction of Curbs, Gutters and Sidewalks, Project No. 2015-26
Recommended Action: Authorize the City Manager to award a contract to J.J.R.
Construction, Inc., in the amount of $664,156.75 and approve a construction
contingency of $66,400, for a total of $730,556.75
Cathy Helgerson and Michael McNutt spoke on this item.
Staff answered questions from Council.
Wong moved and Chang seconded to authorize the City Manager to award a contract
to J.J.R. Construction, Inc., in the amount of $664,156.75 and approve a construction
contingency of $66,400, for a total of $730,556.75. The motion carried unanimously.
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9. Subject: Authority to award construction contract for Sports Center-West Court
Renovations and Improvements, Project No. 2012-9151
Recommended Action: 1. Authorize the City Manager to award a construction contract
in an amount not to exceed the appropriated project budget limits, to the lowest
responsive bidder if there are no unresolved bid protests; and 2. Authorize a
construction contingency budget of 10% of the construction contract amount to address
unforeseen conditions discovered during construction
10. Subject: Authority to award construction contract McClellan Ranch Pedestrian,
Parking, Landscape Improvement, Project No. 2015-01
Recommended Action: 1. Authorize the City Manager to award a construction contract
in an amount not to exceed the appropriated project budget limits, to the lowest
responsive bidder if there are no unresolved bid protests; and 2. Authorize a
construction contingency budget of 15% of the construction contract amount to address
unforeseen conditions discovered during construction
SECOND READING OF ORDINANCES - None
PUBLIC HEARINGS
11. Subject: Civic Center Master Plan
Recommended Action: Staff recommends that the City Council take the following
actions: a. Receive the presentation of the Civic Center Master Plan; and then b.
Consider the Initial Study/Mitigated Negative Declaration and adopt the Mitigated
Negative Declaration; and then c. Adopt Resolution No. 15-060 approving the Civic
Center Master Plan; and d. Provide direction to staff on next steps toward
implementation of the Civic Center Master Plan
Written communications for this item included emails to Council, a document
regarding designing for seismic resilience, and staff PowerPoint presentations.
Director of Public Works Timm Borden reviewed the staff report and introduced the
item via a PowerPoint presentation.
Demetri Loukas, Project Manager with David J. Powers and Associates continued the
presentation and talked about the environmental analysis review.
Geeti Silwal, Associate Principal from Perkins + Will continued the presentation and
talked about the Master Plan details.
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Gerry Tierney, Associate Principal from Perkins + Will, Leo Panian, Principal from
Tipping Mar, and Marco Alves, Senior Associate from PAE Engineers continued the
presentation and talked about the existing City Hall assessment.
Ms. Silwal continued the presentation on the Master Plan.
Staff and consultants (including Gordon Beveridge, Principal from TBD Consultants)
answered questions from Council.
Mayor Sinks opened the public hearing and the following individuals spoke:
Jim Oberhofer, Emergency Coordinator for CARES (Cupertino Amateur Radio
Emergency Service)
Rochelle Gutmann
Cathy Helgerson
Jerry Liu
Frank Geefay
Jill Halloran
Jennifer Griffin
Ann Stevenson on behalf of the Cupertino Library Commission
Fred Gutmann
Myrna Ehrlich
Darrel Lum
Mayor Sinks closed the public hearing.
Staff answered questions from Council and Council deliberated.
a. Council received the presentation of the Civic Center Master Plan.
b. Wong moved and Sinks seconded to consider the Initial Study/Mitigated Negative
Declaration and adopted a Mitigated Negative Declaration. The motion carried with
Chang and Paul voting no.
c. Wong moved and Sinks seconded to adopt Resolution No. 15-060 approving the
Civic Center Master Plan Option D – A new City Hall building at 40,000 gross square
feet, 118-space underground parking; a library expansion including option 4 “perch”
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addition, and no additional surface parking at Library field. The motion carried with
Chang and Paul voting no.
d. Council provided the following direction to staff on next steps toward
implementation of the Civic Center Master Plan: Bring back a Conceptual Plan by late
November/early December, 2015 and tighten the numbers overall on site
improvements; construction will occur in a single phase and temporary parking and
staging is okay at Library field during construction.
Council recessed from 11:39 p.m. to 11:50 p.m.
ORDINANCES AND ACTION ITEMS
12. Subject: An ordinance amending Title 2 of the Cupertino Municipal Code to add
Chapter 2.94 establishing the Sustainability Commission, amendment to the FY 15/16
Operating Budget for funds to cover Commission expenses and authorization of the
appropriation of those funds
Recommended Action:
a. Conduct the first reading of Ordinance No. 15-2132: "An Ordinance of the City of
Cupertino amending Title 2 of the Cupertino Municipal Code to Add Chapter 2.94
establishing the Sustainability Commission ;” and
b. Amend the Approved FY 15/16 Operating Budget by $7,500 to cover Sustainability
Commission expenses and authorize appropriation of those funds.
Written communications for this item included a staff PowerPoint presentation.
Assistant to the City Manager Erin Cooke reviewed the staff report via a PowerPoint
presentation.
Staff answered questions from Council.
Jennifer Griffin spoke on this item.
City Clerk Grace Schmidt read the title of the ordinance.
a. Paul moved and Wong seconded to read Ordinance No. 15-2132 by title only and
that the City Clerk’s reading would constitute the second reading thereof. Ayes: Sinks,
Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent: None.
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b. Paul moved and Chang seconded to amend the Approved FY 15/16 Operating
Budget by $7,500 to cover Sustainability Commission expenses and authorize
appropriation of those funds. The motion carried unanimously.
Council agreed to recruit and make appointments in January along with the annual
commission vacancies.
13. Subject: Response to Call for Projects for Valley Transportation Plan 2040 (VTP 2040)
Recommended Action: Staff recommends that Council take the following actions:
1) Receive staff presentation; and 2) Adopt Resolution No. 15-061 supporting the
inclusion of a study of long-term mass transit solutions along the Highway 85 Corridor
and the design and construction of near-term solutions; and 3) Provide direction on
any additional transportation projects to submit for inclusion in the Santa Clara Valley
Transportation Authority’s (VTA) Valley Transportation Plan 2040
Written communications for this item included an amended resolution and Exhibit A,
and a staff PowerPoint presentation.
Staff answered questions from Council.
Jennifer Griffin spoke on this item.
Council received the presentation and deliberated.
Wong moved and Vaidhyanathan seconded to adopt Resolution No. 15-061 as
amended supporting the inclusion of a study of long-term mass transit solutions along
the Highway 85 Corridor and the design and construction of near-term solutions, and
amended exhibit A as follows: removed language “Highway 85 Corridor” from the
Proposed Project Name/Title and bullet no. 4 of the Proposed Project Description;
increased the Project Cost to estimated $800 million; gave the Mayor authority to
negotiate proposal language with other cities on behalf of the Council and report back
at a regular Council meeting; directed staff to agendize approval of the final proposal
at the August 18 Council meeting.
Council also provided direction on any additional transportation projects to submit for
inclusion in the Santa Clara Valley Transportation Authority’s (VTA) Valley
Transportation Plan 2040 and directed staff to explore a Cupertino specific VTP
proposal for community shuttle service for seniors and students by the end of August.
The motion carried unanimously.
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REPORTS BY COUNCIL AND STAFF
14. Subject: Santa Clara County Creeks Coalition request for partnership on fish migration
improvements along Stevens Creek
Recommended Action: Discuss City participation in a public-private partnership to
improve Steelhead fish passage on Stevens Creek and provide direction to staff
Assistant to the City Manager Jaqui Guzman reviewed the staff report.
Staff answered questions from Council.
Wong moved and Sinks seconded to authorize the Mayor to send a letter to the Santa
Clara Valley Water District encouraging them and the City Council of Mountain View
to commit funding for the Moffett Boulevard fish passage project and to revisit the
item at a future Council meeting for funding consideration. The motion carried
unanimously.
15. Subject: Present Construction Project Update Report
Recommended Action: Receive Construction Update Report
Written communications for this item included a staff PowerPoint presentation.
Council did not hear this item.
16. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
Council members highlighted the activities of their committees and various
community events.
ADJOURNMENT
At 12:57 a.m. on Wednesday, July 8, Mayor Sinks adjourned the meeting to August 4. Note:
The July 21 meeting has been cancelled.
_______________________________
Grace Schmidt, City Clerk
21
City Council Minutes July 7, 2015
11
Staff reports, backup materials, and items distributed at the City Council meeting are
available for review at the City Clerk’s Office, 777-3223, and also on the Internet at
www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet.
Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99
and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes,
and then click Archived Webcast. Videotapes are available at the Cupertino Library, or may
be purchased from the Cupertino City Channel, 777-2364.
22
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0962 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/8/2015 City Council
On agenda:Final action:8/4/2015
Title:Subject: Accept Accounts Payable for the period ending June 12, 2015.
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council8/4/20151
Subject: Accept Accounts Payable for the period ending June 12, 2015.
Adopt Resolution No. 15-062 accepting Accounts Payable for the period ending June 12, 2015.
CITY OF CUPERTINO Printed on 7/30/2015Page 1 of 1
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
June 12, 2015
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in the attached Payment Register.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 4th day of August, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0964 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/8/2015 City Council
On agenda:Final action:8/4/2015
Title:Subject: Accept Accounts Payable for the period ending June 19, 2015
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council8/4/20151
Subject: Accept Accounts Payable for the period ending June 19, 2015
Adopt Resolution No. 15-063 accepting Accounts Payable for the period ending June 19, 2015
CITY OF CUPERTINO Printed on 7/30/2015Page 1 of 1
powered by Legistar™47
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
June 19, 2015
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in the attached Payment Register.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 4th day of August, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0965 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/9/2015 City Council
On agenda:Final action:8/4/2015
Title:Subject: Accept Accounts Payable for the period ending June 26, 2015
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council8/4/20151
Subject: Accept Accounts Payable for the period ending June 26, 2015
Adopt Resolution No. 15-064 accepting Accounts Payable for the period ending June 26, 2015
CITY OF CUPERTINO Printed on 7/30/2015Page 1 of 1
powered by Legistar™67
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
June 26, 2015
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in the attached Payment Register.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 4th day of August, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0966 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/9/2015 City Council
On agenda:Final action:8/4/2015
Title:Subject: Accept Accounts Payable for the period ending July 2, 2015
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council8/4/20151
Subject: Accept Accounts Payable for the period ending July 2, 2015
Adopt Resolution No. 15-065 accepting Accounts Payable for the period ending July 2, 2015
CITY OF CUPERTINO Printed on 7/30/2015Page 1 of 1
powered by Legistar™87
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
July 2, 2015
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in the attached Payment Register.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 4th day of August, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0999 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/28/2015 City Council
On agenda:Final action:8/4/2015
Title:Subject: A resolution supporting the “No Traffick Ahead” Campaign taking a stand against human
trafficking in the Bay Area
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
B - FAQ on Human Trafficking - SF
Action ByDate Action ResultVer.
City Council8/4/20151
Subject:Aresolutionsupportingthe“NoTraffickAhead”Campaigntakingastandagainst
human trafficking in the Bay Area
AdoptResolutionNo.15-066supportingthe“NoTraffickAhead”Campaigntakingastand
against human trafficking in the Bay Area before the 2016 Super Bowl and beyond
CITY OF CUPERTINO Printed on 7/30/2015Page 1 of 1
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OFFICE OF THE CITY MANAGER
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: August 4, 2015
Subject
A resolution supporting the “No Traffick Ahead” Campaign taking a stand against
human trafficking in the Bay Area.
Recommended Action
Adopt the draft resolution supporting the “No Traffick Ahead” Campaign taking a
stand against human trafficking in the Bay Area before the 2016 Super Bowl and
beyond (Attachment A).
Description
The proposed resolution states that the City will adopt a position in support of anti-
trafficking measures that improve education, training, and enforcement efforts aimed at
combating human trafficking.
Background
While widely legislated at various levels of government, human trafficking has a real
impact within the San Francisco Bay Area. There is growing regional concern over the
correlation between the Super Bowl and human trafficking activity given the event will
take place at nearby Levi Stadium in 2016. In recognition of this issue, the proposed
resolution is being recommended for adoption.
Discussion
Human trafficking involves the control of one person by another, depriving them of
their freedom for the purpose of exploitation-including sexual exploitation and forced
labor or services. The International Labor Organization estimates that human trafficking
generates $150 billion in illegal revenues per year. Sadly, the National Human
Trafficking Hotline receives more calls from California than from any other state. The
Bay Area’s many transportation hubs and its diverse immigrant communities make it a
magnet for traffickers. The FBI has listed the San Francisco Bay Area as one of the top 13
destinations for child sex trafficking in the United States. Attachment B provides
additional information on human trafficking.
Super Bowl 2016 provides an opportunity to increase awareness around human
trafficking. The South Bay Coalition to End Human Trafficking and the San Francisco
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Mayor’s Task Force on Anti-Human Trafficking are coordinating a regional effort to
reach out to local businesses and engage them in anti-trafficking efforts. Santa Clara
County has also increased resources and has begun to offer trainings to combat human
trafficking in anticipation of Super Bowl 2016. The resolution encourages businesses
and the general public to playing a key role in learning to identify signs of trafficking,
referring them to services and alerting law enforcement as may be applicable.
Sunnyvale passed a resolution in 2014 and San Francisco passed a resolution on July 28,
2015. A number of cities in the Bay Area are considering adoption of resolutions on this
issue including Oakland and San Jose.
Sustainability Impact:
None
Fiscal Impact:
This resolution is not expected to create a fiscal impact. It is anticipated that outreach
efforts to businesses and the public will be led by the South Bay Coalition to End
Human Trafficking with existing staff support. The City can supplement these outreach
efforts by disseminating information though the City’s social media outlets and
working with the Sheriff’s Office.
____________________________________
Prepared by: Colleen Lettire, Office Assistant
Reviewed by: Jacqueline Guzman, Assistant to the City Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Draft Resolution
B – FAQ on Human Trafficking - SF
103
RESOLUTION NO. 15-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SUPPORTING THE “NO TRAFFICK AHEAD” CAMPAIGN TAKING A STAND
AGAINST HUMAN TRAFFICKING
WHEREAS, the crime of human trafficking is present in every country and every
U.S. state; and
WHEREAS, the State of California and its constituent communities are
considered to be receptor sites for trafficking due to economic conditions and proximity
to international borders; and
WHEREAS, forced labor, commercial sexual exploitation and involuntary
domestic servitude have been found to exist within local communities; and
WHEREAS, The FBI has identified the San Francisco Bay Area as one of the top
13 sites for child sex trafficking in the country and the National Human Trafficking
Hotline receives more calls from California than from any other state. Over 10% of the
labor trafficking calls received by the National Human Trafficking Hotline involve
restaurant or food service industries; and
WHEREAS, the 2016 Super Bowl provides an opportunity for cities and counties
in the Bay Area San Francisco to ramp up their efforts to respond to human trafficking.
While no definitive data exists linking the Super Bowl to increased human trafficking in
the regions that host the game, the Super Bowl creates an occasion to reach out to
industries, stakeholders, and the broader community that can play a role in combatting
trafficking 365 days a year; and
WHEREAS, the California Transparency in Supply Chain Act requires any retail
or manufacturing company doing business in California that has more than 100 million
in annual gross receipts worldwide to disclose their efforts to monitor human
trafficking in their supply chain; and
WHEREAS, by engaging our hotels, restaurants, other businesses, and the
general public to take a stand against human trafficking, the San Francisco Bay Area can
be a model for how we can all work together to tackle human trafficking;
NOW THEREFORE BE IT RESOLVED that the City of Cupertino by adopting this
resolution, does hereby state that:
1. The City will use its best efforts to host its events at hotels that have signed on to
the Code of Conduct for the Protection of Minors from Sexual Exploitation in
104
Travel and Tourism (http://www.thecode.org) or have enacted a similar policy,
including training their employees on recognizing signs of human trafficking on
their premises, and conducting risk analysis for human trafficking with their
suppliers and leveraging their purchasing power to protect the freedom of those
in their supply chain.
2. The City will use its best efforts to host its events at restaurants or other venues
that have taken a stand against human trafficking by training employees,
displaying anti-trafficking posters, and/or conducting risk analysis for human
trafficking with their suppliers and leveraging their purchasing power to protect
the freedom of those in their supply chain.
3. The City will encourage Sheriff Office staff serving the City participate in
available human trafficking training.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 4th day of August, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_____________________________ ________________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
105
No Traffick Ahead
Why Bay Area Businesses Should Care About Human Trafficking
1. Human Trafficking involves the control of one person by another, depriving them of
their freedom for the purpose of exploitation—including sexual exploitation and
forced labor or services.
2. Businesses can play an important role in identifying trafficking victims, referring them
to resources, and alerting law enforcement.
o A San Mateo County desk clerk who had been trained about trafficking was able to
recognize a man checking several young women into the hotel as a trafficker, and
alerted law enforcement; the trafficker was arrested and the victims were
connected to direct service providers.
o Over 10% of the labor trafficking calls received by the National Human Trafficking
Hotline involve restaurant or food service industries.
3. The International Labor Organization estimates that human trafficking generates $150
billion in illegal revenues per year.
4. The National Human Trafficking Hotline receives more calls from California than from
any other state. The Bay Area’s many transportation hubs and its diverse immigrant
communities make it a magnet for traffickers.
o Human trafficking occurs daily in the Bay Area in all forms, for example: domestic
servitude in homes, forced labor in restaurants and agricultural fields, and
commercial sexual exploitation on streets and online.
5. The FBI has listed the San Francisco Bay Area as one of the top 13 destinations for
child sex trafficking in the United States.
o Forty percent of the sex trafficking cases tracked by the National Human Trafficking
Hotline involved children under the age of 18.
o The sexual exploitation of minors occurs in a variety of establishments, including
hotels, bars, massage parlors, nightclubs, and truck stops.
6. Super Bowl 2016 provides an opportunity to increase awareness around trafficking
o While the data is unclear about whether large sporting events actually increase the
level of human trafficking, they do draw attention to the subject. The Super Bowl
provides an opportunity to increase public awareness on trafficking, expand critical
services for survivors, and boost prevention efforts.
o The South Bay Coalition to End Human Trafficking and the San Francisco Mayor’s
Task Force on Anti-Human Trafficking are coordinating a regional effort to reach out
to local businesses and engage them in anti-trafficking efforts.
106
City and County of San Francisco
Department on the Status of Women
Emily M. Murase, PhD Edwin M. Lee
Executive Director Mayor
25 Van Ness Avenue, Suite 240 | San Francisco, CA 94102 | sfgov.org/dosw | dosw@sfgov.org | 415.252.2570
No Traffick Ahead
How Bay Area Businesses Can Help Fight Human Trafficking
1. Train Staff to Recognize Signs of Trafficking & to Make Referrals for Help
Staff at hotels, restaurants, and other hospitality-related businesses can play a key role in identifying
persons who may be trafficked, referring them to services, and alerting law enforcement. Training
staff on recognizing the signs of trafficking and how to respond can help connect trafficking
survivors with resources and hold traffickers accountable. For a list of organizations offering in-
person or on-line training, visit http://www.notraffickingahead.com.*
2. Audit Supply Chains for Risks of Human Trafficking
Take proactive steps to lower the risk that you are contracting with entities that use the labor of
trafficked individuals. The California Transparency in Supply Chains Act of 2010 (SB 657) requires
large retailers and manufacturers doing business in California, with gross worldwide receipts of over
$100 million (USD), to be transparent about the efforts they have undertaken to eradicate human
trafficking in their direct supply chains for tangible goods offered for sale. Smaller businesses can
voluntarily examine their supply chains. Businesses can use the Forced Labor Risk Determination
and Mitigation program developed by Made in a Free World to locate and address risks of
trafficking with their supply chain. Learn more at: madeinafreeworld.com/business.
3. Distribute Posters & Information to Increase Awareness
California state law (SB 1193) requires certain businesses to display an anti-human trafficking poster
(e.g. bars, public transit, massage parlors, emergency rooms, job recruiters). Any business can
choose to display a poster, because it is an effective way to educate bystanders and potential
trafficking victims about whom they can call for help. You can find a more detailed summary of SB
1193 and a sample poster here: http://sfgov.org/dosw/node/1761.
4. Sign on to the Code of Conduct for the Protection of Children from Sexual Exploitation in
Travel and Tourism
Businesses in the travel and tourism industry can commit to a Code of Conduct that may include:
developing policies, training employees, monitoring supply chain in contracts, providing information
to travelers, supporting and engaging with stakeholders, and reporting on their implementation. For
a sample code of conduct, visit http://www.thecode.org/join.
5. Provide Financial Support to Anti-Trafficking Service Providers & Prevention Efforts
Businesses that engage in philanthropic efforts can provide monetary or volunteer support, or
vouchers for services, to non-profit organizations engaged in providing direct services or public
education, awareness and prevention of human trafficking. For a comprehensive list of non-profit
organizations in the Bay Area, please visit: http://www.notraffickingahead.com.*
* Resources on the No Traffick Ahead website will be available as of October 2015.
107
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0957 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/7/2015 City Council
On agenda:Final action:8/4/2015
Title:Subject: Amendment #1 to the professional services contract with 4Leaf, Inc., for plan review
services for the Apple Campus 2 parking garage project.
Sponsors:Julia Kinst
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Amendment #1
B - Original Contract
Action ByDate Action ResultVer.
City Council8/4/20151
Subject:Amendment#1totheprofessionalservicescontractwith4Leaf,Inc.,forplanreview
services for the Apple Campus 2 parking garage project.
1. Authorize the City Manager to execute Amendment #1 with 4Leaf, Inc., for plan review
services for the Apple Campus 2 parking garage project and adding $95,000 to the original
contract of $374,744, for a total amount not to exceed $469,744 and;
2. Authorize the City Manager to execute contract amendments to the extent that the costs are
recovered from the project applicant.
CITY OF CUPERTINO Printed on 7/30/2015Page 1 of 1
powered by Legistar™108
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: August 4, 2015
Subject
Amendment #1 to the professional services contract with 4Leaf, Inc. for plan review
services for the Apple Campus 2 parking garage project.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to execute Amendment #1 with 4Leaf, Inc. for plan
review services for the Apple Campus 2 parking garage project and adding $95,000
to the original contract of $374,744, for a total amount not to exceed $469,744 and;
2. Authorize the City Manager to execute contract amendments to the extent that the
costs are recovered from the project applicant.
Description
The original contract for Apple Campus 2 parking garage plan review was $374,744 and
was approved at the February 4, 2014 City Council meeting. This contract amendment
requires Council authorization.
The scope of work described in the original contract covers Apple Campus 2 parking
garage architectural, structural, electrical, mechanical, plumbing, energy, green and
accessibility plan review. The amendment to the contract is necessary for changes in
scope, RFI’s, and additional costs stemming from reviews that go beyond two cycles.
This additional work is outside the scope of work of the original contract.
Sustainability Impact
No sustainability impact.
Fiscal Impact
109
The contract amendment ($95,000) and the ten percent administrative fee ($9,500) are
cost-recovered from Apple Inc.
Prepared by: Julia Kinst, Administrative Assistant
Reviewed by: Albert Salvador, Building Official
Aarti Shrivastava, Assistant City Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
A. Draft Amendment #1
B. Original Contract
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DRAFT FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND 4LEAF, INC FOR PLAN REVIEW SERVICES FOR APPLE
CAMPUS 2 PARKING GARAGE PROJECT
This First Amendment to the Agreement between the City of Cupertino and
4Leaf, Inc, for reference dated June 23, 2015, is by and between the CITY OF
CUPERTINO, a municipal corporation (hereinafter "City") and 4Leaf, Inc., a California
Corporation (“Consultant”) whose address is 2110 Rheem Drive, Suite A, Pleasanton,
California 94588, and is made with reference to the following:
RECITALS:
A. On February 10, 2014, an agreement was entered into by and between City
and Consultant (hereinafter "Agreement") for consultant services for community
benefits program.
B. City and Consultant 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:
1.TERM:
Paragraph 1 of the Agreement is modified to read as follows:
The term of this agreement shall commence on February 10, 2014 and shall terminate on
or before December 31, 2015.
2.SERVICES TO BE PERFORMED:
Paragraph 2 of the Agreement is modified to read as follows:
Consultant shall perform additional consultant services for community benefit project,
set forth in Exhibits A, which is attached hereto and incorporated herein by this
reference.
3.COMPENSATION TO CONSULTANT:
Paragraph 3 of the Agreement is modified to read as follows:
Compensation shall be increased by this amendment in the amount not to exceed
$95,000, for a total contract amount not to exceed $469,744.
4.Except as expressly modified herein, all other terms and covenants set forth in
the Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
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CONSULTANT CITY OF CUPERTINO
A Municipal Corporation
By By:
Title Title
Date
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL
By:
City Attorney Title
ATTEST:
____________________
City Clerk
Exhibits:
Exhibit A – Scope of Services and Compensation
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
AMOUNT
Original Contract
100-71-701 900-923 (formerly 110-7502-9327)
$374,744
Amendment #1
100-71-701 900-923 (formerly 110-7502-9327)
$95,000
Total $469,744
PO # 2015-58 (formerly 58350)
112
Exhibit A, Amendment 1: Proposed Scope of Services and Compensation for Apple Campus 2 Parking Garage Plan Review Page 1 of 1
Exhibit A – Amendment 1
Scope of Services and Compensation – Apple Campus 2 Parking Garage
1.Scope of Services: 4LEAF, Inc. “Consultant” shall provide code plan review services for the Apple
Campus 2 Parking Garage project for the City of Cupertino project. The code plan review scope for the
project will include architectural, structural, electrical, mechanical, plumbing, energy, green and
accessibility.
Plan Review staff assigned to the Project by the Consultant shall be preapproved by the City of
Cupertino Chief Building Official, and shall be removed immediately upon City’s request and replaced
with an approved substitute.
2.Compensation: City shall compensate Consultant for professional services in accordance with the rates
and estimated level of effort as outlined below. Compensation shall not exceed the amount set forth
below without written authorization by the City of Cupertino’s Chief Building Official.
The original compensation to be paid to Consultant under this Agreement (Cupertino Contract No.
00058350) for all services described under Section 1 of this Exhibit and reimbursable expenses was not
to exceed a total of Three Hundred and Seventy‐Four Thousand and Seven Hundred and Forty‐Four
dollars ($374,744.00). Any work performed or expenses incurred for which payment would result in a
total exceeding the maximum amount of compensation set forth herein shall be at no cost to the City
unless Consultant receives prior written consent by the City of Cupertino’s Chief Building Official.
Additional Compensation and Scope: 4LEAF is requesting an additional $95,000 to cover the pending
contract overages of $48,387.74 and the upcoming review of the spine ramps, Photovoltaic System, and
future RFI (Request for Information) reviews and subsequent plan changes requiring review. The new
proposed amount would be Four Hundred and Sixty‐Nine Thousand, Seven Hundred and Forty‐four
Dollars. ($469,744). 4LEAF is performing this review with our subconsultant Biggs Cardosa.
Title: Plan Review Manager
Invoices: In order to request payment, Consultant shall submit monthly progress invoices to the City
describing the services performed and the applicable charges (including a summary of work performed
during that period, personnel who performed the services, hours worked, and task(s) for which work
was performed if practical).
Reimbursable Expenses: Administrative, overhead, secretarial time or overtime, word processing,
photocopying, in house printing, insurance and other ordinary business expenses are included within
the scope of payment or services and are not reimbursable expenses.
Additional Services: Consultant shall provide additional services outside the services identified in
Exhibit A only by advance written authorization from the City’s Chief Building Official prior to
commencement of any additional services. Consultant shall submit, at the Chief Building Official’s
request, a detailed written proposal including a description of the scope of additional services, schedule,
and proposed maximum compensation.
Exhibit A
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AGREEMENT BETWEEN THE CITY OF CUPERTINO AND 4LEAF, INC FOR PLAN
CHECK SERVICES FOR AC2 PARKING GARAGE PROJECT
THIS AGREEMENT, for reference dated February 10, 2014, is by and between
CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and
4Leaf, Inc, a California corporation, whose address is 2110 Rheem Drive, Suite A,
Pleasanton, CA 94588 (hereinafter referred to as "Consultant"), and is made with
reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is now
being conducted under the Constitution and the statutes of the State of California and
the Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to perform
the special services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement on the
terms and conditions described herein.
D. City and Consultant desire to enter into an agreement for building plan
check services for Apple Campus 2 parking garage upon the terms and conditions
herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM:
The term of this Agreement shall commence on February 10, 2014, and shall
terminate on December 31st, 2014, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A" – Scope
of Services and Compensation-New Apple Campus 2 Parking Garage, and Exhibit “B”-
Estimate: Building Plan Review Services, which are attached hereto and incorporated
herein by this reference.
3. COMPENSATION TO CONSULTANT:
Consultant shall be compensated for services performed pursuant to this
Agreement in the amount not to exceed THREE HUNDRED SEVENTY FOUR
THOUSAND, SEVEN HUNDRED FORTY FOUR DOLLARS ($374,744) set forth in
Exhibits "A" and “B” and the 2013-2014 Fee Schedule, which are attached hereto and
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incorporated herein by this reference. Payment shall be made by checks drawn on the
treasury of the City, to be taken from the 110-7502-9327 fund.
4. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the performance
of this Agreement.
5. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner commensurate
with the prevailing standards of like professionals in the San Francisco Bay Area and
agrees that all services shall be performed by qualified and experienced personnel who
are not employed by the City nor have any contractual relationship with City.
6. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by this
Agreement is that of employer-independent contractor. The manner and means of
conducting the work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment will be acquired by virtue of Consultant'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 Consultant, its employees or agents. Deductions shall
not be made for any state or federal taxes, FICA payments, PERS payments, or other
purposes normally associated with an employer-employee relationship from any fees
due Consultant. Payments of the above items, if required, are the responsibility of
Consultant.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Consultant 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.
Consultant shall indemnify and hold City harmless from and against any loss, damage,
liability, costs or expenses arising from any noncompliance of this provision by
Consultant.
8. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are
unacceptable employer/employee conduct, Consultant agrees that harassment or
discrimination directed toward a job applicant, a City employee, or a citizen by
Consultant or Consultant's employee or subcontractor on the basis of race, religious
creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy,
sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all
violations of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
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Indemnification:
Consultant shall, to the fullest extent allowed by law, with respect to all services
performed in connection with the Agreement, indemnify, defend, and hold
harmless the 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 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, pertaining to, or
related to the performance of this Agreement by Consultant or Consultant’s
employees, officers, officials, agents or independent contractors. Such costs and
expenses shall include reasonable attorneys’ fees of counsel of City’s choice,
expert fees and all other costs and fees of litigation.
A. Claims for Professional Liability. Where the law establishes a standard of care
for Consultant’s professional services, and to the extent the Consultant breaches
or fails to meet such established standard of care, or is alleged to have breached
or failed to meet such standard of care, Consultant shall, to the fullest extent
allowed by law, with respect to all services performed in connection with the
Agreement, indemnify, defend, and hold harmless the 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 any injury to or death of any person or damage to property or other
liability of any nature, that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of Consultant or Consultant's employees,
officers, officials, agents or independent contractors. Such costs and expenses
shall include reasonable attorneys’ fees of counsel of City’s choice, expert fees
and all other costs and fees of litigation. Consultant shall not be obligated under
this Agreement to indemnify City to the extent that the damage is caused by the
sole negligence or willful misconduct of City, its agents or employees.
B. Claims for Other Liability. Consultant shall, to the fullest extent allowed
by law, with respect to all services performed in connection with the Agreement
indemnify, defend, and hold harmless the 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 any
injury to or death of any person or damage to property or other liability of any
nature, that arise out of, pertain to, or relate to the performance of this
Agreement by Consultant or Consultant's employees, officers, officials, agents or
independent contractors. Such costs and expenses shall include reasonable
attorneys’ fees of counsel of City’s choice, expert fees and all other costs and fees
of litigation.
10. INSURANCE:
On or before the commencement of the term of this Agreement, Consultant shall
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furnish City with certificates showing the type, amount, class of operations covered,
effective dates and dates of expiration of insurance coverage in compliance with
paragraphs 9A, B, C, D and E. Such certificates, which do not limit Consultant's
indemnification, shall also contain substantially the following statement: "Should any of
the above insurance covered by this certificate be canceled or coverage reduced before
the expiration date thereof, the insurer affording coverage shall provide thirty (30) days'
advance written notice to the City of Cupertino by certified mail, Attention: City
Manager." It is agreed that Consultant shall maintain in force at all times during the
performance of this Agreement all appropriate coverage of insurance required by this
Agreement with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as
additional insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum
limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in
the amounts of $1,000,000 will be considered equivalent to the
required minimum limits shown above.
(3) Automotive:
Comprehensive automotive liability coverage in the following
minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(4) Professional Liability:
Professional liability insurance which includes coverage for the
professional acts, errors and omissions of Consultant in the
amount of at least $1,000,000.
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for which
he/she has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants
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to City, on behalf of any insurer providing comprehensive general and automotive
liability insurance to either Consultant or City with respect to the services of Consultant
herein, a waiver of any right to subrogation which any such insurer of said Consultant
may acquire against City by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or maintain
the foregoing insurance, City shall be permitted to obtain such insurance in the
Consultant's name or as an agent of the Consultant and shall be compensated by the
Consultant for the costs of the insurance premiums at the maximum rate permitted by
law and computed from the date written notice is received that the premiums have not
been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees and
volunteers shall be named as an additional insured under all insurance coverages,
except any professional liability insurance, required by this Agreement. The naming of
an additional insured shall not affect any recovery to which such additional insured
would be entitled under this policy if not named as such additional insured. An
additional insured named herein shall not be held liable for any premium, deductible
portion of any loss, or expense of any nature on this policy or any extension thereof.
Any other insurance held by an additional insured shall not be required to contribute
anything toward any loss or expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being sufficient to
protect Consultant. Consultant is advised to confer with Consultant's insurance broker
to determine adequate coverage for Consultant.
11. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to perform
the services required by this Agreement. Consultant may be required to fill out a
conflict of interest form if the services provided under this Agreement require
Consultant to make certain governmental decisions or serve in a staff capacity as defined
in Title 2, Division 6, Section 18700 of the California Code of Regulations.
12. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or
any interest therein, directly or indirectly, by operation of law or otherwise, without
prior written consent of City. Any attempt to do so without said consent shall be null
and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or
interest by reason of such attempted assignment, hypothecation or transfer. However,
claims for money by Consultant from City under this Agreement may be assigned to a
bank, trust company or other financial institution without prior written consent.
Written notice of such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture
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or syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50%) or
more of the voting power of the corporation.
13. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and
subcontractors whose names and resumes are attached to this Agreement shall be used
in the performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors shall
be required to furnish proof of workers' compensation insurance and shall also be
required to carry general, automobile and professional liability insurance in reasonable
conformity to the insurance carried by Consultant. In addition, any work or services
subcontracted hereunder shall be subject to each provision of this Agreement.
14. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the term of
this Agreement, all appropriate permits, certificates and licenses including, but not
limited to, a City Business License, that may be required in connection with the
performance of services hereunder.
15. REPORTS:
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report", reproduced, prepared or
caused to be prepared by Consultant pursuant to or in connection with this Agreement,
shall be the exclusive property of City. Consultant shall not copyright any Report
required by this Agreement and shall execute appropriate documents to assign to City
the copyright to Reports created pursuant to this Agreement. Any Report, information
and data acquired or required by this Agreement shall become the property of City, and
all publication rights are reserved to City. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in execution or
implementation of:
(1) The original Project for which Consultant was hired;
(2) Completion of the original Project by others;
(3) Subsequent additions to the original project; and/or
(4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may require,
furnish reports concerning the status of services required under this Agreement.
D. All Reports required to be provided by this Agreement shall be printed
on recycled paper. All Reports shall be copied on both sides of the paper except for one
original, which shall be single sided.
E. No Report, information or other data given to or prepared or assembled
by Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
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16. RECORDS:
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in sufficient
detail to permit an evaluation of services. All such records shall be maintained in
accordance with generally accepted accounting principles and shall be clearly identified
and readily accessible. Consultant shall provide free access to such books and records to
the representatives of City or its designees at all proper times, and gives City the right to
examine and audit same, and to make transcripts therefrom as necessary, and to allow
inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be kept separate
from other documents and records and shall be maintained for a period of three (3)
years after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns
raised by City's preliminary examination or audit of records, and the City's
supplemental examination or audit of the records discloses a failure to adhere to
appropriate internal financial controls, or other breach of contract or failure to act in
good faith, then Consultant shall reimburse City for all reasonable costs and expenses
associated with the supplemental examination or audit.
17. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the second business day after the deposit thereof in the United States
Mail, postage prepaid, registered or certified, addressed as hereinafter
provided.
All notices, demands, requests, or approvals from Consultant to City shall be
addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Aarti Shrivastava
All notices, demands, requests, or approvals from City to Consultant shall be
addressed to Consultant at:
4Leaf, Inc.
2110 Rheem Dr, Suite A
Pleasanton, CA 94588
Attn: Gene Barry
18. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, Consultant shall be deemed in default
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in the performance of this Agreement. If such default is not cured within within the
time specified after receipt by Consultant from City of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, City
may terminate the Agreement forthwith by giving to the Consultant written notice
thereof.
City shall have the option, at its sole discretion and without cause, of terminating
this Agreement by giving seven (7) days' prior written notice to Consultant as provided
herein. Upon termination of this Agreement, each party shall pay to the other party that
portion of compensation specified in this Agreement that is earned and unpaid prior to
the effective date of termination.
19. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances, rules
and regulations enacted or issued by City.
20. 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. The Agreement and obligations of the parties are subject to all
valid laws, orders, rules, and regulations of the authorities having jurisdiction over this
Agreement (or the successors of those authorities.)
Any suits brought pursuant to this Agreement shall be filed with the courts of
the County of Santa Clara, State of California.
21. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
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.
22. WAIVER:
A waiver by City of any breach of any term, covenant, or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained herein, whether of the same or a different
character.
23. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, 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
Consultant.
24. INSERTED PROVISIONS:
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Each provision and clause required by law to be inserted into the Agreement
shall be deemed to be enacted herein, and the Agreement shall be read and enforced as
though each were included herein. If through mistake or otherwise, any such provision
is not inserted or is not correctly inserted, the Agreement shall be amended to make
such insertion on application by either party.
25. CAPTIONS:
The captions 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.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT CITY OF CUPERTINO
A Municipal Corporation
4Leaf, Inc
By By
Title Albert Salvador, Building Official
Date Date
RECOMMENDED FOR APPROVAL:
Aarti Shrivastava, Director
Community Development Department
RECOMMENDED FOR APPROVAL:
David Brandt, City Manager
APPROVED AS TO FORM:
Carol Korade, City Attorney
ATTEST:
______________________________
Grace Schmidt, City Clerk
Attachments
Exhibits A and B Scope of Work and Estimate
2013-14 Fee Schedule & Basis of Charges
122
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
AMOUNT
110-7502-9327 $374,744
PO #
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Exhibit A: Scope of Services and Compensation for AC2 Parking Garage Plan Review Page 1 of 1
November 25, 2013
Exhibit A
Scope of Services and Compensation – New Apple Campus 2 Parking Garage
1. Scope of Services: 4LEAF, Inc. “Consultant” shall provide plan review services for the New Apple
Campus 2 Parking Garage, which includes the parking structure, ramp and bridge structures, and
pedestrian bridges. 4LEAF has teamed with Biggs Cardosa Associates, Inc. (“Subconsultant”) who will
perform the Structural Review of the project. 4LEAF will perform all of the Non‐Structural reviews of the
project. All reviews will be in accordance with the 2010 California Building Code. The review includes
the review of all structural calculations, drawings, and specifications for the following structures:
a.) Two Proposed Parking Structures. 950,000 Sq. Ft. in the North and 1,000,000 Sq. Ft. in the South.
b.) Two Spine Ramp Structures that carry vehicles to the 3rd and 4th levels of the parking structures.
c.) Six Vehicular bridges that interconnect the two parking structures at the 2nd, 3rd, and 4th levels.
d.) Three pedestrian bridges at the third level that interconnect the two parking structures.
e.) Three landscape pedestrian bridges at the 3rd level that span across the circulation roadway
between the North parking structure and walkways that lead to the main building.
2. Compensation: City shall compensate Consultant for professional services in accordance with the
estimated level of effort as outlined below and provided under separate cover.
The compensation to be paid to Consultant under this Agreement for all services described under
Section 1 of this Exhibit and reimbursable expenses shall not exceed a total of Three Hundred and
Seventy‐Four Thousand, Seven Hundred and Forty‐Four Dollars ($374,744). Any work performed or
expenses incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth herein shall be at no cost to the City unless Consultant receives prior written
consent by the City of Cupertino’s Chief Building Official.
Rates and Level of Effort: Provided under separate cover
Title: Plan Review Services
Invoices: In order to request payment, Consultant shall submit monthly invoices to the City describing
the services performed and the applicable charges (including a summary of work performed during that
period, personnel who performed the services, hours worked, and task(s) for which work was
performed).
Reimbursable Expenses: Administrative, overhead, secretarial time or overtime, word processing,
photocopying, in house printing, insurance and other ordinary business expenses are included within
the scope of payment or services and are not reimbursable expenses.
Additional Services: Consultant shall provide additional services outside the services identified in
Exhibit A only by advance written authorization from the City’s Chief Building Official prior to
commencement of any additional services. Consultant shall submit, at the Chief Building Official’s
request, a detailed written proposal including a description of the scope of additional services, schedule,
and proposed maximum compensation.
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Estimate: Building Plan Review Services12
11/25/13
P2331v2
City of Cupertino
Apple II Parking Garages
Apple Campus 2, Wolfe and East Homestead Cupertino, CA
ITEM:I
Structural Code Review
Principal/PM 309$250$77,250
Chief Engineer 46$200$9,200
Associate 340$170$57,800
Senior Engineer/Plans Examiner 884$130$114,920
Administrator 20$75$1,500
4LEAF markup on BC Invoice (20%)$52,134
Preliminary Sub-Total of Structural Code Review Services $312,804
ITEM:II
Non-Structural Code Review
Principal/PM 80$250$20,000
Chief Engineer 32$200$6,400
Associate 132$170$22,440
Senior Engineer/Plans Examiner 80$130$10,400
Administrator 36$75$2,700
Preliminary Sub-Total of Non-Structural Code Review Services $61,940
Total Estimated Fees:$374,744
Assumptions:
Parking Structures will be designed to the requirements of the 2010 CBC
The vehicular bridges have the same length and width at each level and are similar in design.
The pedestrian bridges have the same length and width at each level and are similar in design.
The landscape bridges have the same design concept.
The 2 Spine structures are essentially the same design.
Each design package will require no more than 2 reviews
This is a time and materials budget with invoicing to be submitted monthly. Invoices are due upon receipt.
Site visits require a four-hour minimum charge. Mileage will be charged at cost plus 20% from home office for all meetings and site visits.
That all curved sections and all interior sections of both the North and South Parking Structures are essentially the same structures with slight modifications for stairs,
elevators, and ramps with common details that apply to each of the structures.
Est Hours
Unit
RateEstimated Total
Structural Code Review Engineering (provided by Biggs Cardosa)
Est Hours
Unit
RateEstimated Total
Non Structural Plan Review Services
DATE:
PROPOSAL No.:
CLIENT:
PROJECT:
LOCATION:
Page 1 of 1125
Engineering Construction Management Inspection Plan Check
2110 Rheem Drive, Suite A Pleasanton, CA 94588 Phone (925) 462-5959 Fax (925) 462-5958
2013-14 FEE SCHEDULE & BASIS OF CHARGES
For the City of Cupertino
Inspection Services*
As-Needed Building Inspection Services (residential) $ 70 per hour
As-Needed Combination Inspection Services (includes commercial) $ 80 per hour
Construction and/or Public Works Inspector $ 125 per hour
Lead Project Inspector $ 125 per hour
Project Inspector $ 105 per hour
Specialty Inspections (ADA, CASp etc.) $ 175 per hour
Construction Management Services*
Construction Manager $ 140 per hour
Project Manager $ 250 per hour
Principal $ 250 per hour Engineering Services*
Structural Engineer $ 195 per hour
Geotechnical Engineer $ 195 per hour
Civil Engineer $ 175 per hour
Surveyor $ 175 per hour
Office Engineer $ 155 per hour
Field Engineer $ 140 per hour
Expert Witness $ 500 per hour
Plan Check Services*
Staff Augmentation $ 110 per hour
Outside Services 65% City fees
Administrative Services*
On-Site Project Administrator $ 65 per hour
Off Site Work $ 75 per hour
Headhunter Services* 3 month Salary**
**Min $10,000
*All Fees Subject to Basis of Charges
BASIS OF CHARGES
All invoicing will be submitted monthly.
Work is subject to 4-hour minimum charges unless stated otherwise. Services billed in 4-hour increments
Overtime and Premium time will be charged as follows:
- Regular time (work begun after 5AM or before 4PM) 1 x hourly rate
- Night Time (work begun after 4PM or before 5AM) 1.125 x hourly rate
- Overtime (over 8 hour M-F or Saturdays) 1.5 x hourly rate
- Overtime (over 8 hours Sat or 1st 8 hour Sun) 2 x hourly rate
- Overtime (over 8 hours Sun or Holidays) 3 x hourly rate
Overtime will only be billed with prior authorization of the Chief Building Official, Public Works Director,
or other responsible designated City personnel.
All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate.
All billable expenses will be charged at cost plus 20%.
Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge.
Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts.
Client agrees that 4LEAF’s liability will be limited to the value of services provided.
126
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0963 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/8/2015 City Council
On agenda:Final action:8/4/2015
Title:Subject: Professional services agreement with 4Leaf, Inc., for building inspection services for the
Apple Campus 2 Phase 2 project.
Sponsors:Julia Kinst
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Contract
Action ByDate Action ResultVer.
City Council8/4/20151
Subject:Professionalservicesagreementwith4Leaf,Inc.,forbuildinginspectionservicesfor
the Apple Campus 2 Phase 2 project.
1. Authorize the City Manager to execute a professional services agreement with 4Leaf, Inc., to
provide building inspection services for the Apple Campus 2 Phase 2 project in the amount not
to exceed $469,744 and;
2. Authorize the City Manager to execute contract amendments to the extent that the costs are
recovered from the project applicant.
CITY OF CUPERTINO Printed on 7/30/2015Page 1 of 1
powered by Legistar™127
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: August 4, 2015
Subject
Professional services contract with 4Leaf, Inc. for building inspection for the Apple
Campus 2 Phase 2 project.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to execute a professional services agreement with 4Leaf,
Inc. for building inspection services for the Apple Campus 2 Phase 2 project for a
total amount not to exceed $347,256 and;
2. Authorize the City Manager to execute contract amendments to the extent that the
costs are recovered from the project applicant.
Description
On November 15, 2013, the Community Development Department and the Public
Works Department released an RFP seeking professional Construction and Public
Works Inspection services for the Apple Campus 2 project. The City received proposals
from nine firms in response to the RFP. Each proposal was evaluated and the City
short-listed six firms to be interviewed. The evaluation criteria included experience,
resource availability, technical qualifications, methodology, quality assurance, conflict
of interest and cost of services. The first were interviewed on December 20, 2013. Based
upon the evaluation and interviews, 4Leaf, Inc. was rated the most qualified to provide
professional Public Works and Construction Inspection services for the Apple Campus
2 project. The contract with 4Leaf, Inc. for professional inspection services for Phase 1 of
the Apple Campus 2 project was approved by City Council on January 21, 2014. The
scope of inspection services awarded for the initial contract is for the overall off-site and
on-site construction work for Phase 1 which includes the Main Office Building,
Auditorium, Fitness Center, Central Utility Plant and the North and South Parking
Structures west of Tantau Ave.
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The scope of inspection services for this contract is for Phase 2 which includes a 4-story
Office Building with below grade parking, Visitor Center, Transit Center, Research and
Development Buildings, and a Parking Structure east of Tantau Ave.
Sustainability Impact
No sustainability impact.
Fiscal Impact
The contract amount ($347,256) and the ten percent administrative fee ($34,725.60) are
cost-recovered from Apple Inc.
Prepared by: Albert Salvador, Building Official
Reviewed by: Aarti Shrivastava, Assistant City Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
A. Draft Contract
129
DRAFT AGREEMENT BETWEEN THE CITY OF CUPERTINO AND 4LEAF,
INC., FOR APPLE CAMPUS2 PHASE 2 BUILDING INSPECTION SERVICES
THIS AGREEMENT, is entered into this 5th day of August, 2015, by and
between the CITY OF CUPERTINO, a California municipal corporation ("City"), and
4Leaf, Inc., a California corporation whose address is 2110 Rheem Drive, Suite A,
Pleasanton, California 94588 (hereinafter referred to as "Consultant") (collectively
referred to as the “Parties”).
RECITALS:
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is now
being conducted under the Constitution and the statutes of the State of California and the
Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to perform the
special services which will be required by this Agreement.
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement on the
terms and conditions described herein.
D. City and Consultant desire to enter into an agreement for building
inspection services for Apple Campus 2 Phase 2 upon the terms and conditions herein.
NOW, THEREFORE, the Parties mutually agree as follows:
1. TERM
The term of this Agreement shall commence on August 5, 2015, and shall
terminate on June 30, 2018, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall perform each and every service set forth in Exhibit "A" attached
hereto and incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT
Consultant shall be compensated for services performed pursuant to this
Agreement in a total amount not to exceed THREE HUNDRED FORTY SEVEN
THOUSAND, TWO HUNDRED FIFTY SIX dollars ($347,256.00) based on the rates
and terms set forth in Exhibit "A," which is attached hereto and incorporated herein by
this reference.
4. TIME IS OF THE ESSENCE
Consultant and City agree that time is of the essence regarding the performance of
this Agreement.
5. STANDARD OF CARE
Consultant agrees to perform all services required by this Agreement in a manner
commensurate with the prevailing standards of like professionals in the San Francisco
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4Leaf, Inc. AC2 Phase 2, 8-5-15
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Bay Area and agrees that all services shall be performed by qualified and experienced
personnel who are not employed by the City nor have any contractual relationship with
City.
6. INDEPENDENT PARTIES
City and Consultant intend that the relationship between them created by this
Agreement is that of employer-independent contractor. The manner and means of
conducting the work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment will be acquired by virtue of Consultant'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 Consultant, its employees or agents. Deductions shall not
be made for any state or federal taxes, FICA payments, PERS payments, or other
purposes normally associated with an employer-employee relationship from any fees due
Consultant. Payments of the above items, if required, are the responsibility of Consultant.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA)
Consultant 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. Consultant
shall indemnify and hold City harmless from and against any loss, damage, liability, costs
or expenses arising from any noncompliance of this provision by Consultant.
8. NON-DISCRIMINATION
Consistent with City's policy prohibiting harassment and discrimination,
Consultant agrees that it shall not harass or discriminate against a job applicant, a City
employee, or a citizen by Consultant or Consultant's employee or subcontractor 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. Consultant
agrees that any and all violations of this provision shall constitute a material breach of
this Agreement.
9. HOLD HARMLESS
☒ Standard Indemnification:
Consultant shall, to the fullest extent allowed by law and without limitation of the
provisions of this Agreement related to insurance, with respect to all services performed
in connection with the Agreement, indemnify, defend, and hold harmless the 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
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, pertaining to, or
related to the negligent performance of this Agreement by Consultant or Consultant’s
employees, officers, officials, agents or independent contractors. Such costs and expenses
shall include reasonable attorneys’ fees of counsel of City’s choice, expert fees and all
other costs and fees of litigation. The acceptance of the Services by City shall not operate
as a waiver of the right of indemnification. The provisions of this Section survive the
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4Leaf, Inc. AC2 Phase 2, 8-5-15
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completion of the Services or termination of this Contract.
10. INSURANCE:
A. General Requirements. On or before the commencement of the term of this
Agreement, Consultant 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 “D”. Such certificates, which do not
limit Consultant's indemnification, shall also contain substantially the following
statement: "Should any of the above insurance covered by this certificate be canceled or
coverage reduced before the expiration date thereof, the insurer affording coverage shall
provide thirty (30) days' advance written notice to the City of Cupertino by certified mail,
Attention: City Manager." Consultant shall maintain in force at all times during the
performance of this Agreement all appropriate coverage of insurance required by this
Agreement with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as additional
insured shall be submitted with the insurance certificates.
B. Subrogation Waiver. Consultant agrees that in the event of loss due to any
of the perils for which he/she has agreed to provide comprehensive general and
automotive liability insurance, Consultant shall look solely to his/her insurance for
recovery. Consultant hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either Consultant or City
with respect to the services of Consultant herein, a waiver of any right to subrogation
which any such insurer of said Consultant may acquire against City by virtue of the
payment of any loss under such insurance.
C. Failure to secure or maintain insurance. If Consultant at any time during
the term hereof should fail to secure or maintain the foregoing insurance, City shall be
permitted to obtain such insurance in the Consultant's name or as an agent of the
Consultant and shall be compensated by the Consultant for the costs of the insurance
premiums at the maximum rate permitted by law and computed from the date written
notice is received that the premiums have not been paid.
D. Additional Insured. City, its City Council, boards and commissions,
officers, employees and volunteers shall be named as an additional insured under all
insurance coverages, except any professional liability insurance, required by this
Agreement. The naming of an additional insured shall not affect any recovery to which
such additional insured would be entitled under this policy if not named as such
additional insured. An additional insured named herein shall not be held liable for any
premium, deductible portion of any loss, or expense of any nature on this policy or any
extension thereof. Any other insurance held by an additional insured shall not be required
to contribute anything toward any loss or expense covered by the insurance provided by
this policy.
E. Sufficiency of Insurance. The insurance limits required by City are not
represented as being sufficient to protect Consultant. Consultant is advised to confer with
Consultant's insurance broker to determine adequate coverage for Consultant.
F. Maximum Coverage and Limits. It shall be a requirement under this
Agreement that any available insurance proceeds broader than or in excess of the
specified minimum Insurance coverage requirements and/or limits shall be available to
the additional insured City. Furthermore, the requirements for coverage and limits shall
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4Leaf, Inc. AC2 Phase 2, 8-5-15
132
be the minimum coverage and limits specified in this Agreement, or the broader coverage
and maximum limits of coverage of any insurance policy or proceeds available to the
named insured, whichever is greater.
11. CONFLICT OF INTEREST
Consultant warrants that it presently has no interest, and will not acquire any
interest, direct or indirect, financial or otherwise, that would conflict in any way with the
performance of this Agreement, and that it will not employ any person having such an
interest. Consultant agrees to advise City immediately if any conflict arises and
understands that it may be required to fill out a conflict of interest form if the services
provided under this Agreement require Consultant to make certain governmental
decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of
the California Code of Regulations.
12. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or
any interest therein, directly or indirectly, by operation of law or otherwise, without prior
written consent of City. Any attempt to do so without said consent shall be null and void,
and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer. However, claims for
money by Consultant from City under this Agreement may be assigned to a bank, trust
company or other financial institution without prior written consent. Written notice of
such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture
or syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50%) or
more of the voting power of the corporation.
13. SUBCONTRACTOR APPROVAL
Unless prior written consent from City is obtained, only those people and
subcontractors whose names and resumes are attached to this Agreement shall be used in
the performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors shall be
required to furnish proof of workers' compensation insurance and shall also be required to
carry general, automobile and professional liability insurance in reasonable conformity to
the insurance carried by Consultant. In addition, any work or services subcontracted
hereunder shall be subject to each provision of this Agreement.
Consultant agrees to include with all subcontractors in their subcontract the same
requirements and provisions of this Agreement including the indemnity and insurance
requirements to the extent they apply to the scope of the subcontractor’s work.
Subcontractors hired by Consultant agree to be bound to Consultant and City in the same
manner and to the same extent as Consultant is bound to City under this Agreement.
Subcontractor further agrees to include these same provisions with any sub-
subcontractor. A copy of the Owner Contract Document Indemnity and Insurance
provisions will be furnished to the subcontractor upon request. Consultant shall require
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4Leaf, Inc. AC2 Phase 2, 8-5-15
133
all subcontractors to provide a valid certificate of insurance and the required
endorsements included in the agreement prior to commencement of any work and will
provide proof of compliance to City.
14. PERMITS AND LICENSES
Consultant, at his/her sole expense, shall obtain and maintain during the term of
this Agreement, all appropriate permits, certificates and licenses including, but not
limited to, a City Business License, that may be required in connection with the
performance of services hereunder.
15. REPORTS
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report", reproduced, prepared or
caused to be prepared by Consultant pursuant to or in connection with this Agreement,
shall be the exclusive property of City. Consultant shall not copyright any Report
required by this Agreement and shall execute appropriate documents to assign to City the
copyright to Reports created pursuant to this Agreement. Any Report, information and
data acquired or required by this Agreement shall become the property of City, and all
publication rights are reserved to City. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in execution or
implementation of: (1) The original Project for which Consultant was hired; (2)
Completion of the original Project by others; (3) Subsequent additions to the original
project; and/or (4) Other City projects as City deems appropriate.
C. Consultant shall, at such time and in such form as City may require,
furnish reports concerning the status of services required under this Agreement.
D. All Reports required to be provided by this Agreement shall be printed on
recycled paper. All Reports shall be copied on both sides of the paper except for one
original, which shall be single sided.
E. No Report, information or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
16. RECORDS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement, in sufficient detail to permit an evaluation
of services. All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible. Consultant
shall provide free access to such books and records to the representatives of City or its
designees at all proper times, and gives City the right to examine and audit same, and to
make transcripts therefrom as necessary, and to allow inspection of all work, data,
documents, proceedings and activities related to this Agreement. Such records, together
with supporting documents, shall be kept separate from other documents and records and
shall be maintained for a period of three (3) years after Consultant receives final payment
from City for all services required under this agreement.
If supplemental examination or audit of the records is necessary due to concerns
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134
raised by City's preliminary examination or audit of records, and the City's supplemental
examination or audit of the records discloses a failure to adhere to appropriate internal
financial controls, or other breach of contract or failure to act in good faith, then
Consultant shall reimburse City for all reasonable costs and expenses associated with the
supplemental examination or audit.
17. NONAPPROPRIATION
This Agreement is subject to the fiscal provisions of the Cupertino Municipal
Code and 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 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.
18. ENVIRONMENTALLY PREFERABLE PURCHASING
Consultant shall comply with the City’s Environmentally Preferable Procurement
Policy whenever practicable in completing any w ork under this agreement, including but
not limited to:
• Using paper products made with recycled content and
recycled/remanufactured toner and ink jet cartridges;
• Printing with soy or low volatile organic compounds (VOC) inks;
• Using energy-star compliant equipment;
• Using cleansers and working with janitorial contractors to meet Green Seal’s
Industrial and Institutional Cleaners Standard; and
• Ordering supplies electronically and practicing other internal waste reduction
and reuse protocols.
19. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the second business day after the deposit thereof in the United States
Mail, postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests, or approvals shall be addressed as follows:
TO CITY:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Aarti Shrivastava, Assistant City Manager
TO CONSULTANT:
4Leaf, Inc.
2110 Rheem Drive, Suite A
Pleasanton, CA 94588
Attn: Gene A. Barry, P.E.
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4Leaf, Inc. AC2 Phase 2, 8-5-15
135
20. TERMINATION
In the event Consultant fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, Consultant shall be deemed in default in
the performance of this Agreement. If Consultant 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 may
terminate the Agreement by giving Consultant written notice thereof, which shall be
effective immediately. The City Manager shall also have the option, at its sole discretion
and without cause, of terminating this Agreement by giving seven (7) calendar days' prior
written notice to Consultant as provided herein. Upon receipt of any notice of
termination, Consultant shall immediately discontinue performance.
City shall pay Consultant for services satisfactorily performed up to the effective
date of termination. If the termination if for cause, City may deduct from such payment
the amount of actual damage, if any, sustained by City due to Consultant’s failure to
perform its material obligations under this Agreement. Upon termination, Consultant
shall immediately deliver to the City any and all copies of studies, sketches, drawings,
computations, and other material or products, whether or not completed, prepared by
Consultant or given to Consultant, in connection with this Agreement. Such materials
shall become the property of City.
21. COMPLIANCE
Consultant shall comply with all state or federal laws and all ordinances, rules,
policies and regulations enacted or issued by City.
22. 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. The Agreement and obligations of the parties are subject to all
valid laws, orders, rules, and regulations of the authorities having jurisdiction over this
Agreement (or the successors of those authorities). Any suits brought pursuant to this
Agreement shall be filed with the Superior Court of the County of Santa Clara, State of
California.
23. ADVERTISEMENT
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
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.
24. WAIVER
A waiver by City of any breach of any term, covenant, or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained herein, whether of the same or a different
character.
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4Leaf, Inc. AC2 Phase 2, 8-5-15
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25. 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 Consultant.
26. 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.
27. INSERTED PROVISIONS
Each provision and clause required by law to be inserted into the Agreement shall
be deemed to be enacted herein, and the Agreement shall be read and enforced as though
each were included herein. If through mistake or otherwise, any such provision is not
inserted or is not correctly inserted, the Agreement shall be amended to make such
insertion on application by either party.
28. CAPTIONS AND TERMS
The captions 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. All unchecked boxes do not apply to this Agreement.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT
4Leaf, Inc.
By ___________________
Title ___________________
Date __________________
CITY OF CUPERTINO
A Municipal Corporation
By ___________________
Title ___________________
Date __________________
☒ Over $175,000- Council Approval Required
☐ Over $45,000- Department Head Approval Required
☐ Up to $45,000- Designated Supervisor Approval Required
RECOMMENDED FOR APPROVAL
________________________
David Brandt, City Manager
APPROVED AS TO FORM:
_________________________
City Attorney
Page 8 of 10
4Leaf, Inc. AC2 Phase 2, 8-5-15
137
ATTEST:
__________________________
City Clerk
Exhibits: (Check box for exhibits that apply to this contract and attach)
☒ Exhibit “A”- Scope of Services and Compensation
☐ Exhibit “B”- Schedule of Performance
☐ Exhibit “C”- Compensation
☒ Exhibit “D”- Insurance Requirements and Proof of Insurance
☐ Exhibit “E”- Mandated Reporting Acknowledgement
☐ Exhibit “F”- Background/Fingerprint/TB Declaration
☐ Exhibit “G”- Nondiscrimination- State/Federal/HUD funded project
☐ Exhibit “H” – Request for City Manager to Waive Informal Bidding Requirements
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
AMOUNT
PO #
Account #: 100-73-715 900-923
Contract Amount: $347,256.00
Page 9 of 10
4Leaf, Inc. AC2 Phase 2, 8-5-15
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Exhibit A: Scope of Services and Compensation for AC2 Phase 2. Page 1 of 2
Exhibit A
Scope of Services and Compensation – New Apple Campus 2 ‐ Phase 2
Scope of Services: 4LEAF, Inc. “Consultant” shall provide inspection services for the Phase 2 project for
the New Apple Campus 2. The buildings include a parking garage and office buildings for research and
development. The inspection team(s) shall partner with all those involved with the project, including
the Architectural and Structural design team, the Contractors, the Special Inspection firm, the City, and
all other Agencies having jurisdiction over the Project to ensure the construction meets the minimum
requirements of all governing rules and regulations which include the California Building Standards Code
and the Cupertino Municipal Code. Construction inspection shall effectively and efficiently ensure that
all work complies with the approved construction documents and these applicable codes and
regulations. Inspection staff assigned to the Project by the Consultant shall be preapproved by the City
of Cupertino Chief Building Official, and shall be removed immediately upon City’s request and replaced
with an approved substitute. The Building Inspection Scope to Include:
A. Provide construction inspection services based on the approved plans and documents to ensure all
new construction is in conformance and compliance with the California Building Code (CBC) and all other
volumes within Title 24 California Code of Regulations and all other State and local laws.
B. Prepare weekly and monthly summary reports of progress at the construction site based upon direct
observation and reports by subordinate inspector and prepare these reports for review by the Cupertino
Building Department.
C. Review and appropriately respond to all special inspection reports and subsequently electronically file
the reports into a user friendly electronic document management system.
D. Maintain an effective working relationship with the Contractor, the Design Professionals, the
Construction Manager and the Cupertino Building Department as to safeguard the interests of the
Owner and City.
E. Be tactful, firm and fair in insistence to adherence of the intent of the approved plans and documents.
F. Review and inspect work and materials in a timely manner so as to avoid as much as possible,
disruption to the schedule or work already in place.
G. Provide quality control of work, materials and equipment, and reject work that is substandard and/or
which does not meet the intent of governing codes, laws, rules and/or regulations.
To Date the following Permits have been issued:
Phase 2 Parking Structure Temporary
Power/TAO1N
15010006
Phase 2 Parking Structure Building Seperation
Permit
14080055
Phase 2 Parking Structure Soft Demo Permit 14110070
Phase 2 Parking Structure Soundwall Permit 14080272
Phase 2 Office Building Mockup Demo Permit 14080063
Phase 2 Office Building Soundwall Permit 14080272
Phase 2 Office Building Mass Excavation and
Shoring
14080273
Phase 2 Office Building Hard Demo Permit 14080062
Phase 2 Office Building Foundation and Podium
Permit
14060208
139
Exhibit A: Scope of Services and Compensation for AC2 Phase 2. Page 2 of 2
1.Compensation: City shall compensate Consultant for professional services in accordance with the
hourly rates and estimated level of effort as outlined below. Compensation shall not exceed the amount
set forth below without written authorization by the City of Cupertino’s Chief Building Official.
Any work performed or expenses incurred for which payment would result in a total exceeding the
maximum amount of compensation set forth herein shall be at no cost to the City unless Consultant
receives prior written consent by the City of Cupertino’s Chief Building Official
Rates and Level of Effort: $111.30/hour (Contracted rate with escalation as of 1/1/15), for an estimated
3,120 hours, not to exceed Three Hundred and Forty‐Seven Thousand, two hundred and fifty‐six dollars
($347,256). The estimated level of effort assumes one full‐time inspector and one half‐time inspector.
4LEAF assumes a large number of inspections that will be requested by the City or the projects
contractor’s, however no exact information was available at the time of this proposal.
Title: Project Inspector.
Invoices: In order to request payment, Consultant shall submit monthly invoices to the City describing
the services performed and the applicable charges (including a summary of work performed during that
period, personnel who performed the services, hours worked, and task(s) for which work was
performed).
Reimbursable Expenses: Administrative, overhead, secretarial time or overtime, word processing,
photocopying, in house printing, insurance and other ordinary business expenses are included within
the scope of payment or services and are not reimbursable expenses.
Additional Services: Consultant shall provide additional services outside the services identified in
Exhibit A only by advance written authorization from the City’s Chief Building Official prior to
commencement of any additional services. Consultant shall submit, at the Chief Building Official’s
request, a detailed written proposal including a description of the scope of additional services, schedule,
and proposed maximum compensation.
140
Exhibit D
Insurance Requirements and Proof of Insurance
Proof of insurance coverage described below is attached to this Exhibit, with City named
as additional insured.
Consultant shall maintain the following minimum insurance coverage:
A. COVERAGE:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $500,000 each occurrence
$1,000,000 aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in the
amounts of $1,000,000 will be considered equivalent to the required
minimum limits shown above.
(3) Automotive:
Comprehensive automotive liability coverage in the following minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
☐ (4) Professional Liability
Professional liability insurance which includes coverage for the professional acts,
errors and omissions of Consultant in the amount of at least $1,000,000.
10
141
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0996 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/28/2015 City Council
On agenda:Final action:8/4/2015
Title:Subject: Amendment to the professional services contract with 4Leaf, Inc., for plan review services
for the Main Street project
Sponsors:Julia Kinst
Indexes:
Code sections:
Attachments:Staff Report
A - Original Contract
B - Amendment #1
C - Draft Amendment #2
Action ByDate Action ResultVer.
City Council8/4/20151
Subject:Amendmenttotheprofessionalservicescontractwith4Leaf,Inc.,forplanreview
services for the Main Street project
1.AuthorizetheCityManagertoexecuteAmendment#2with4Leaf,Inc.forplanreview
services for the Main Street project, extending the date of the contract to June 30, 2016; and
2.AuthorizetheCityManagertoexecutecontractamendmentstotheextentthatthecostsare
recovered from the project applicant.
CITY OF CUPERTINO Printed on 7/30/2015Page 1 of 1
powered by Legistar™142
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: August 4, 2015
Subject
Amendment to the professional services contract with 4Leaf, Inc., for plan review
services for the Main Street project.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to execute Amendment #2 with 4Leaf, Inc. for plan
review services for the Main Street project, extending the date of the contract to
June 30, 2016 and:
2. Authorize the City Manager to execute contract amendments to the extent that
the costs are recovered from the project applicant.
Description
The original contract for Main Street plan review services approved executed on April
14, 2014. Amendment #1, adding $60,000 to the original $156,226 contract was approved
by the City Council on October 21, 2014.
The scope of work described in the original contract covers Main Street architectural,
structural, electrical, mechanical, plumbing, energy, green and accessibility plan review.
Amendment #1 to the contract was necessary for changes in scope, RFI’s, and additional
costs stemming from reviews that go beyond two cycles. Amendment #2 is necessary
for additional for time to complete the contracted work.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
143
Prepared by: Albert Salvador, Building Official
Reviewed by: Aarti Shrivastava, Assistant City Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
A. Original Contract
B. Amendment #1
C. Draft Amendment #2
144
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND 4LEAF,
INC,_FOR CONSULTANT SERVICES FOR PROFESSIONAL PLAN CHECK
SERVICES FOR THE MAIN STREET PROJECT
THIS AGREEMENT, for reference dated April 14th, 2014, is by and
between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to
as "City"), and 4Leaf, Inc, a California corporation whose address is 2110 Rheem
Drive, Suite A, Pleasanton, California, 94588 (hereinafter referred to as
"Consultant"), and is made with reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing
under the laws of the State of California with the power to carry on its business
as it is now being conducted under the Constitution and the statutes of the State
of California and the Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to
perform the special services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement
on the terms and conditions described herein.
D. City and Consultant desire to enter into an agreement for
professional building plan check services not to exceed ONE HUNDRED FIFTY
SIX THOUSAND, TWO HUNDRED TWENTY SIX DOLLARS ($156,226) upon
the terms and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
1. TERM:
The term of this Agreement shall commence on April 14th , 2014, and shall
terminate on June 30th, 2015, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A"
which is attached hereto and incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT:
Consultant shall be compensated for services performed pursuant to this
145
Agreement in the amount set forth in Exhibit "A" which is attached hereto and
incorporated herein by this reference. Payment shall be made by checks drawn
on the treasury of the City, to be taken from the 110-7502-9334 fund.
4. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the
performance of this Agreement.
5. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner
commensurate with the prevailing standards of like professionals in the San
Francisco Bay Area and agrees that all services shall be performed by qualified
and experienced personnel who are not employed by the City nor have any
contractual relationship with City.
6. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by
this Agreement is that of employer-independent contractor. The manner and
means of conducting the work are under the control of Consultant, except to the
extent they are limited by statute, rule or regulation and the express terms of this
Agreement. No civil service status or other right of employment will be acquired
by virtue of Consultant'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
Consultant, its employees or agents. Deductions shall not be made for any state
or federal taxes, FICA payments, PERS payments, or other purposes normally
associated with an employer-employee relationship from any fees due
Consultant. Payments of the above items, if required, are the responsibility of
Consultant.
6. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Consultant 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. Consultant shall indemnify and hold City harmless from and
against any loss, damage, liability, costs or expenses arising from any
noncompliance of this provision by Consultant.
7. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are
unacceptable employer/employee conduct, Consultant agrees that harassment or
discrimination directed toward a job applicant, a City employee, or a citizen by
Consultant or Consultant's employee or subcontractor on the basis of race,
146
religious creed, color, national origin, ancestry, handicap, disability, marital
status, pregnancy, sex, age, or sexual orientation will not be tolerated.
Consultant agrees that any and all violations of this provision shall constitute a
material breach of this Agreement.
8. HOLD HARMLESS:
Indemnification:
A. Claims for Professional Liability. Where the law establishes a standard
of care for Consultant’s professional services, and to the extent the
Consultant breaches or fails to meet such established standard of care, or
is alleged to have breached or failed to meet such standard of care,
Consultant shall, to the fullest extent allowed by law, with respect to all
services performed in connection with the Agreement, indemnify, defend,
and hold harmless the 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
any injury to or death of any person or damage to property or other
liability of any nature, that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of Consultant or
Consultant's employees, officers, officials, agents or independent
contractors. Such costs and expenses shall include reasonable attorneys’
fees of counsel of City’s choice, expert fees and all other costs and fees of
litigation. Consultant shall not be obligated under this Agreement to
indemnify City to the extent that the damage is caused by the sole
negligence or willful misconduct of City, its agents or employees.
B. Claims for Other Liability. Consultant shall, to the fullest extent
allowed by law, with respect to all services performed in connection with
the Agreement indemnify, defend, and hold harmless the 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 any injury to or death of any person or
damage to property or other liability of any nature, that arise out of,
pertain to, or relate to the performance of this Agreement by Consultant
or Consultant's employees, officers, officials, agents or independent
contractors. Such costs and expenses shall include reasonable attorneys’
fees of counsel of City’s choice, expert fees and all other costs and fees of
litigation.
9. INSURANCE:
On or before the commencement of the term of this Agreement,
Consultant shall furnish City with certificates showing the type, amount, class of
147
operations covered, effective dates and dates of expiration of insurance coverage
in compliance with paragraphs 9A, B, C, D and E. Such certificates, which do not
limit Consultant's indemnification, shall also contain substantially the following
statement: "Should any of the above insurance covered by this certificate be
canceled or coverage reduced before the expiration date thereof, the insurer
affording coverage shall provide thirty (30) days' advance written notice to the
City of Cupertino by certified mail, Attention: City Manager." It is agreed that
Consultant shall maintain in force at all times during the performance of this
Agreement all appropriate coverage of insurance required by this Agreement
with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as
additional insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following
minimum limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate
limits in the amounts of $1,000,000 will be considered
equivalent to the required minimum limits shown above.
(3) Automotive:
Comprehensive automotive liability coverage in the
following minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(4) Professional Liability:
Professional liability insurance which includes coverage for
the professional acts, errors and omissions of Consultant in
the amount of at least $1,000,000.
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for
148
which he/she has agreed to provide comprehensive general and automotive
liability insurance, Consultant shall look solely to his/her insurance for recovery.
Consultant hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either Consultant or
City with respect to the services of Consultant herein, a waiver of any right to
subrogation which any such insurer of said Consultant may acquire against City
by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or
maintain the foregoing insurance, City shall be permitted to obtain such
insurance in the Consultant's name or as an agent of the Consultant and shall be
compensated by the Consultant for the costs of the insurance premiums at the
maximum rate permitted by law and computed from the date written notice is
received that the premiums have not been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees and
volunteers shall be named as an additional insured under all insurance
coverages, except any professional liability insurance, required by this
Agreement. The naming of an additional insured shall not affect any recovery to
which such additional insured would be entitled under this policy if not named
as such additional insured. An additional insured named herein shall not be
held liable for any premium, deductible portion of any loss, or expense of any
nature on this policy or any extension thereof. Any other insurance held by an
additional insured shall not be required to contribute anything toward any loss
or expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being
sufficient to protect Consultant. Consultant is advised to confer with
Consultant's insurance broker to determine adequate coverage for Consultant.
10. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to
perform the services required by this Agreement. Consultant may be required to
fill out a conflict of interest form if the services provided under this Agreement
require Consultant to make certain governmental decisions or serve in a staff
capacity as defined in Title 2, Division 6, Section 18700 of the California Code of
Regulations.
11. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this
Agreement, or any interest therein, directly or indirectly, by operation of law or
otherwise, without prior written consent of City. Any attempt to do so without
said consent shall be null and void, and any assignee, sublessee, hypothecate or
149
transferee shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer. However, claims for money by
Consultant from City under this Agreement may be assigned to a bank, trust
company or other financial institution without prior written consent. Written
notice of such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner
or joint venturer or syndicate member or cotenant, if Consultant is a partnership
or joint venture or syndicate or cotenancy, which shall result in changing the
control of Consultant, shall be construed as an assignment of this Agreement.
Control means fifty percent (50%) or more of the voting power of the
corporation.
12. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and
subcontractors whose names and resumes are attached to this Agreement shall
be used in the performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors
shall be required to furnish proof of workers' compensation insurance and shall
also be required to carry general, automobile and professional liability insurance
in reasonable conformity to the insurance carried by Consultant. In addition,
any work or services subcontracted hereunder shall be subject to each provision
of this Agreement.
13. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the
term of this Agreement, all appropriate permits, certificates and licenses
including, but not limited to, a City Business License, that may be required in
connection with the performance of services hereunder.
14. REPORTS:
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report", reproduced, prepared
or caused to be prepared by Consultant pursuant to or in connection with this
Agreement, shall be the exclusive property of City. Consultant shall not
copyright any Report required by this Agreement and shall execute appropriate
documents to assign to City the copyright to Reports created pursuant to this
Agreement. Any Report, information and data acquired or required by this
Agreement shall become the property of City, and all publication rights are
reserved to City. Consultant may retain a copy of any report furnished to the
City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in
execution or implementation of:
150
(1) The original Project for which Consultant was hired;
(2) Completion of the original Project by others;
(3) Subsequent additions to the original project; and/or
(4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may
require, furnish reports concerning the status of services required under this
Agreement.
D. All Reports required to be provided by this Agreement shall be
printed on recycled paper. All Reports shall be copied on both sides of the paper
except for one original, which shall be single sided.
E. No Report, information or other data given to or prepared or
assembled by Consultant pursuant to this Agreement shall be made available to
any individual or organization by Consultant without prior approval by City.
15. RECORDS:
Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that
relate to the performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in
sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible. Consultant shall provide free
access to such books and records to the representatives of City or its designees at
all proper times, and gives City the right to examine and audit same, and to
make transcripts therefrom as necessary, and to allow inspection of all work,
data, documents, proceedings and activities related to this Agreement. Such
records, together with supporting documents, shall be kept separate from other
documents and records and shall be maintained for a period of three (3) years
after receipt of final payment.
If supplemental examination or audit of the records is necessary due to
concerns raised by City's preliminary examination or audit of records, and the
City's supplemental examination or audit of the records discloses a failure to
adhere to appropriate internal financial controls, or other breach of contract or
failure to act in good faith, then Consultant shall reimburse City for all
reasonable costs and expenses associated with the supplemental examination or
audit.
16. NOTICES:
All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served
when delivered personally or on the second business day after the deposit
thereof in the United States Mail, postage prepaid, registered or certified,
addressed as hereinafter
151
provided.
All notices, demands, requests, or approvals from Consultant to City shall
be addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Albert Salvador
All notices, demands, requests, or approvals from City to Consultant shall
be addressed to Consultant at:
4 Leaf, Inc.
2100 Rheem Dr, Suite A
Pleasanton, CA 94588
Attn: Kevin Duggan
17. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, Consultant shall be
deemed in default in the performance of this Agreement. If such default is not
cured within within the time specified after receipt by Consultant from City of
written notice of default, specifying the nature of such default and the steps
necessary to cure such default, City may terminate the Agreement forthwith by
giving to the Consultant written notice thereof.
City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to
Consultant as provided herein. Upon termination of this Agreement, each party
shall pay to the other party that portion of compensation specified in this
Agreement that is earned and unpaid prior to the effective date of termination.
18. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances,
rules 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. The Agreement and obligations of the
parties are subject to all valid laws, orders, rules, and regulations of the
authorities having jurisdiction over this Agreement (or the successors of those
authorities.)
Any suits brought pursuant to this Agreement shall be filed with the
courts of the County of Santa Clara, State of California.
152
20. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
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. WAIVER:
A waiver by City of any breach of any term, covenant, or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant, or condition contained herein, whether of
the same or a different character.
22. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every
kind or nature whatsoever between the parties hereto, 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 Consultant.
22. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the
Agreement shall be deemed to be enacted herein, and the Agreement shall be
read and enforced as though each were included herein. If through mistake or
otherwise, any such provision is not inserted or is not correctly inserted, the
Agreement shall be amended to make such insertion on application by either
party.
23. CAPTIONS:
The captions 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.
IN WITNESS WHEREOF, the parties have caused the Agreement to be
executed.
CONSULTANT CITY OF CUPERTINO
A Municipal Corporation
4Leaf, Inc
By By
Title Title Building Official
Date___________________ Date
153
RECOMMENDED FOR APPROVAL:
Aarti Shrivastava, Assistant City Manager
APPROVED AS TO FORM:
Carol Korade, City Attorney
ATTEST:
Grace Schmidt, City Clerk
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
AMOUNT
1107502-9334 $156,226.00
PO #
Total:
154
Exhibit A: Scope of Services and Compensation for Main Street Cupertino Plan Review Page 1 of 1
March 7, 2014
Exhibit A
Scope of Services and Compensation – Main Street Cupertino Plan Review
1. Scope of Services: 4LEAF, Inc. “Consultant” shall provide code plan review services for the Main Street
Cupertino project. The code plan review scope for the project will include architectural, structural,
electrical, mechanical, plumbing, energy, green and accessibility.
Plan Review staff assigned to the Project by the Consultant shall be preapproved by the City of
Cupertino Chief Building Official, and shall be removed immediately upon City’s request and replaced
with an approved substitute.
2. Compensation: City shall compensate Consultant for professional services in accordance with the rates
and estimated level of effort as outlined below. Compensation shall not exceed the amount set forth
below without written authorization by the City of Cupertino’s Chief Building Official.
The compensation to be paid to Consultant under this Agreement for all services described under
Section 1 of this Exhibit and reimbursable expenses shall not exceed a total of sixty five percent (65%) of
the City of Cupertino’s Plan Review Fee or one hundred fifty six thousand two hundred twenty six dollars
($156,226.00). Any work performed or expenses incurred for which payment would result in a total
exceeding the maximum amount of compensation set forth herein shall be at no cost to the City unless
Consultant receives prior written consent by the City of Cupertino’s Chief Building Official.
Rates and Level of Effort: Sixty five percent (65%) of the City of Cupertino’s Plan Review Fee. The
estimated level of effort assumes industry typical plan review of California Building Codes.
Title: Senior Plans Examiner.
Invoices: In order to request payment, Consultant shall submit monthly progress invoices to the City
describing the services performed and the applicable charges (including a summary of work performed
during that period, personnel who performed the services, hours worked, and task(s) for which work
was performed if practical).
Reimbursable Expenses: Administrative, overhead, secretarial time or overtime, word processing,
photocopying, in house printing, insurance and other ordinary business expenses are included within
the scope of payment or services and are not reimbursable expenses.
Additional Services: Consultant shall provide additional services outside the services identified in
Exhibit A only by advance written authorization from the City’s Chief Building Official prior to
commencement of any additional services. Consultant shall submit, at the Chief Building Official’s
request, a detailed written proposal including a description of the scope of additional services, schedule,
and proposed maximum compensation.
155
Page 1 of 2
First Amendment, 4Leaf, Inc., Main Street Plan Review, 10-22-14
FIRST AMENDMENT AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
4LEAF, INC FOR PROFESSIONAL PLAN REVIEW SERVICES FOR MAIN STREET
This First Amendment to the Agreement between the City of Cupertino and
4Leaf, Inc, for reference dated November 12, 2014, is by and between the CITY OF
CUPERTINO, a municipal corporation (hereinafter "CITY") and 4Leaf, Inc., a California
corporation, whose address is 2110 Rheem Drive, Suite A, Pleasanton, California
94588, (hereinafter “CONTRACTOR”), and is made with reference to the following:
RECITALS:
A. On April 14th, 2014, an agreement was entered into by and between City
and 4Leaf, Inc. (hereinafter "Agreement").
B. City and 4Leaf, Inc. 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:
1. TERM:
The term section of the Agreement shall remain the same and shall be in full
force and effect.
2. SERVICES TO BE PERFORMED:
Additional services to be performed include the additional scope of services
described in Exhibit A.
3. COMPENSATION:
The Compensation section of the Agreement shall be increased by this
amendment in the amount not to exceed $60,000, for a total contract amount not to
exceed $216,226.
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.
156
Page 2 of 2
First Amendment, 4Leaf, Inc., Main Street Plan Review, 10-22-14
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CITY OF CUPERTINO
A Municipal Corporation
By By ____________________________
Gary Chao, Assistant Director,
Title Community Development Department
Date____________________ Date____________________
APPROVED:
By:
David Brandt, City Manager
APPROVED AS TO FORM:
By ___________________________
Carol Korade, City Attorney
ATTEST:
By _____________________________
Grace Schmidt, City Clerk
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
AMOUNT
PO # 00058414
Original Contract: 110-7502-9334 $156,226.00
Amendment #1: $60,000.00
Total: $216,226.00
157
Exhibit A, Amendment 1: Scope of Services and Compensation for Main Street Cupertino Plan Review Page 1 of 1
Exhibit A, Amendment 1
Scope of Services and Compensation – Main Street Cupertino Plan Review
1. Scope of Services: 4LEAF, Inc. “Consultant” shall provide code plan review services for the Main Street
Cupertino project. The code plan review scope for the project will include architectural, structural,
electrical, mechanical, plumbing, energy, green and accessibility. In addition, 4LEAF will also plan review
changes in scope (such as Parking Foundations for the “Lofts” Apartments), RFI’s, and additional costs
stemming from reviews that go beyond two cycles. Services performed under Exhibit A, Amendment 1
are on a time and materials basis only. Plan Review staff assigned to the Project by the Consultant shall
be preapproved by the City of Cupertino Chief Building Official, and shall be removed immediately upon
City’s request and replaced with an approved substitute.
2. Compensation: City shall compensate Consultant for professional services in accordance with the rates
and estimated level of effort as outlined below. Compensation shall not exceed the amount set forth
below without written authorization by the City of Cupertino’s Chief Building Official.
The compensation to be paid to Consultant under this Agreement for all services described under
Section 1 of Exhibit A, Amendment 1, and reimbursable expenses shall not exceed a total of sixty five
percent (65%) of the City of Cupertino’s Plan Review Fee or one hundred fifty six thousand two hundred
twenty six dollars ($156,226.00) and a “Time and Materials” fee of not to exceed sixty‐thousand
($60,000) for a total of two hundred and sixteen‐thousand two hundred and twenty‐six dollars
(216,226.00). Any work performed or expenses incurred for which payment would result in a total
exceeding the maximum amount of compensation set forth herein shall be at no cost to the City unless
Consultant receives prior written consent by the City of Cupertino’s Chief Building Official.
Exhibit A ‐ Rates and Level of Effort: Sixty five percent (65%) of the City of Cupertino’s Plan Review Fee.
The estimated level of effort assumes industry typical plan review of California Building Codes.
Exhibit A, Amendment 1 ‐ Rates and Level of Effort: A Time and Materials Rate of $110 per hour not to
exceed $60,000.
Title: Senior Plans Examiner.
Invoices: In order to request payment, Consultant shall submit monthly progress invoices to the City
describing the services performed and the applicable charges (including a summary of work performed
during that period, personnel who performed the services, hours worked, and task(s) for which work
was performed if practical).
Reimbursable Expenses: Administrative, overhead, secretarial time or overtime, word processing,
photocopying, in house printing, insurance and other ordinary business expenses are included within
the scope of payment or services and are not reimbursable expenses.
Additional Services: Consultant shall provide additional services outside the services identified in
Exhibit A, and Exhibit A, Amendment 1, only by advance written authorization from the City’s Chief
Building Official prior to commencement of any additional services. Consultant shall submit, at the Chief
Building Official’s request, a detailed written proposal including a description of the scope of additional
services, schedule, and proposed maximum compensation.
158
DRAFT SECOND AMENDMENT AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND 4LEAF, INC FOR PLAN REVIEW SERVICES FOR MAIN
STREET
This Second Amendment to the Agreement between the City of Cupertino and
4Leaf, Inc, for reference dated July 1, 2015, is by and between the CITY OF
CUPERTINO, a municipal corporation (hereinafter "CITY") and 4Leaf, Inc, a California
corporation, whose address is 2110 Rheem Drive, Suite A, Pleasanton, California
94588, (hereinafter “CONTRACTOR”), and is made with reference to the following:
RECITALS:
A. On April 14th, 2014, an agreement was entered into by and between City
and 4Leaf, Inc., (hereinafter "Agreement").
B. City and 4Leaf, Inc 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:
1.TERM:
The term section of the Agreement is modified to read as follows:
The services and/or materials furnished under this Agreement shall commence on April
14, 2014, and shall be completed before June 30, 2016, or as extended by agreement.
2.SERVICES TO BE PERFORMED:
Services to be performed section of the Agreement shall remain the same and
shall be in full force and effect.
3.COMPENSATION:
The Compensation section of the Agreement shall remain the same and shall be
in full force and effect.
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.
Page 1 of 2
2nd Amendment, 4Leaf Inc, Plan Review Services for Main Street, 7-1-15 159
CONSULTANT CITY OF CUPERTINO
4Leaf, Inc A Municipal Corporation
By By ____________________________
Albert Salvador, Building Official
Title
Date____________________
Date____________________
APPROVED AS TO FORM:
By ___________________________
Carol Korade, City Attorney
ATTEST:
By _____________________________
Grace Schmidt, City Clerk
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
100-
(formerly 110-7502-9334)
PO # 2015-00000075
(formerly 00058414)
Original Contract $156,226.00
Amendment #1 $60,000.00
Amendment #2 (dates only)
Total: $216,226.00
Page 2 of 2
2nd Amendment, 4Leaf Inc, Plan Review Services for Main Street, 7-1-15 160
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0958 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/7/2015 City Council
On agenda:Final action:8/4/2015
Title:Subject: Application for Alcoholic Beverage License for Mod Pizza, 10815 North Wolfe Road, Suite
106
Sponsors:Julia Kinst
Indexes:
Code sections:
Attachments:Staff Report
A - Application
Action ByDate Action ResultVer.
City Council8/4/20151
Subject:ApplicationforAlcoholicBeverageLicenseforModPizza,10815NorthWolfeRoad,
Suite 106
RecommendapprovaloftheAlcoholicBeverageLicensetotheCaliforniaDepartmentof
Alcoholic Beverage Control for Mod Pizza, 10815 North Wolfe Road, Suite 106
CITY OF CUPERTINO Printed on 7/30/2015Page 1 of 1
powered by Legistar™161
CITY COUNCIL STAFF REPORT
Meeting: August 4, 2015
Subject
Alcoholic Beverage License, Mod Pizza, 10815 North Wolfe Road, Suite 106
Recommended Action
Recommend approval of the Alcoholic Beverage Control License to the California
Department of Alcoholic Beverage Control for Mod Pizza, 10815 North Wolfe Road,
Suite 106
Description
Name of Business: Mod Pizza
Location: 10815 North Wolfe Road, Suite 106
Type of Business: Restaurant
Type of License: 41 – On-Sale Beer and Wine – Eating Place (Restaurant)
Reason for Application: Annual Fee, Original Fees
Discussion
There are no zoning or use permit restrictions which would prohibit the sale of alcohol
as proposed and staff has no objection to the issuance of this license. License Type 41
authorizes the sale of beer and wine for consumption on or off the premises where sold.
This address is located at Pruneridge Avenue and North Wolfe Road.
Sustainability Impact
None
Fiscal Impact
None
_____________________________________
Prepared by: Julia Kinst, Planning Department
Reviewed by: Gary Chao, Assistant Director of Community Development; Aarti
Shrivastava, Assistant City Manager - Community Development and Strategic Planning
Approved for Submission by: David Brandt, City Manager
Attachment: A - Application
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0974 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/20/2015 City Council
On agenda:Final action:8/4/2015
Title:Subject: Application for Alcoholic Beverage License for 1000 Degrees Pizzeria, 20674 Homestead
Road
Sponsors:Julia Kinst
Indexes:
Code sections:
Attachments:Staff Report
A - Application
Action ByDate Action ResultVer.
City Council8/4/20151
Subject:ApplicationforAlcoholicBeverageLicensefor1000DegreesPizzeria,20674
Homestead Road
RecommendapprovaloftheAlcoholicBeverageLicensetotheCaliforniaDepartmentof
Alcoholic Beverage Control for 1000 Degrees Pizzeria, 20674 Homestead Road
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CITY COUNCIL STAFF REPORT
Meeting: August 4, 2015
Subject
Alcoholic Beverage License, 1000 Degrees Pizzeria, 20674 Homestead Road
Recommended Action
Recommend approval of the Alcoholic Beverage Control License to the California
Department of Alcoholic Beverage Control for 1000 Degrees Pizzeria, 20674 Homestead
Road
Description
Name of Business: 1000 Degrees Pizzeria
Location: 20674 Homestead Road
Type of Business: Restaurant
Type of License: 41 – On-Sale Beer and Wine – Eating Place (Restaurant)
Reason for Application: Annual Fee, Original Fees, Federal Fingerprints, State
Fingerprints
Discussion
There are no zoning or use permit restrictions which would prohibit the sale of alcohol
as proposed and staff has no objection to the issuance of this license. License Type 41
authorizes the sale of beer and wine for consumption on or off the premises where sold.
This address is located at the Homestead Shopping Center.
Sustainability Impact
None
Fiscal Impact
None
_____________________________________
Prepared by: Julia Kinst, Planning Department
Reviewed by: Gary Chao, Assistant Director of Community Development; Aarti
Shrivastava, Assistant City Manager - Community Development and Strategic Planning
Approved for Submission by: David Brandt, City Manager
Attachment: A - Application
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0994 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/24/2015 City Council
On agenda:Final action:8/4/2015
Title:Subject: Application for Alcoholic Beverage License for Rubio's Fresh Mexican Grill, 20688 Stevens
Creek Boulevard
Sponsors:Julia Kinst
Indexes:
Code sections:
Attachments:Staff Report
A - Application
Action ByDate Action ResultVer.
City Council8/4/20151
Subject:ApplicationforAlcoholicBeverageLicenseforRubio'sFreshMexicanGrill,20688
Stevens Creek Boulevard
RecommendapprovaloftheAlcoholicBeverageLicensetotheCaliforniaDepartmentof
Alcoholic Beverage Control for Rubio's Fresh Mexican Grill, 20688 Stevens Creek Boulevard
CITY OF CUPERTINO Printed on 7/30/2015Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: August 4, 2015
Subject
Alcoholic Beverage License, Rubio’s Fresh Mexican Grill, 20688 Stevens Creek
Boulevard
Recommended Action
Recommend approval of the Alcoholic Beverage Control License to the California
Department of Alcoholic Beverage Control for Rubio’s Fresh Mexican Grill, 20688
Stevens Creek Boulevard
Description
Name of Business: Rubio’s Fresh Mexican Grill
Location: 20688 Stevens Creek Boulevard
Type of Business: Restaurant
Type of License: 41 – On-Sale Beer and Wine – Eating Place (Restaurant)
Reason for Application: Annual Fee, Original Fees
Discussion
There are no zoning or use permit restrictions which would prohibit the sale of alcohol
as proposed and staff has no objection to the issuance of this license. License Type 41
authorizes the sale of beer and wine for consumption on or off the premises where sold.
This address is located at the Crossroads Shopping Center, formerly World Burrito.
Sustainability Impact
None
Fiscal Impact
None
_____________________________________
Prepared by: Julia Kinst, Planning Department
Reviewed by: Gary Chao, Assistant Director of Community Development; Aarti
Shrivastava, Assistant City Manager - Community Development and Strategic Planning
Approved for Submission by: David Brandt, City Manager
Attachment: A - Application
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0933 Name:
Status:Type:Second Reading of
Ordinances
Agenda Ready
File created:In control:6/9/2015 City Council
On agenda:Final action:8/4/2015
Title:Subject: An ordinance amending Title 2 of the Cupertino Municipal Code to add Chapter 2.94
establishing the Sustainability Commission.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Ordinance
Action ByDate Action ResultVer.
City Council8/4/20151
Subject:AnordinanceamendingTitle2oftheCupertinoMunicipalCodetoaddChapter2.94
establishing the Sustainability Commission.
ConductthesecondreadingandenactOrdinanceNo.15-2132:"AnOrdinanceoftheCity
CounciloftheCityofCupertinoamendingTitle2oftheCupertinoMunicipalCodetoAdd
Chapter 2.94 establishing the Sustainability Commission.”
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1
OFFICE OF THE CITY MANAGER
SUSTAINABILITY DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-7603 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: August 4, 2015
Subject
An ordinance amending Title 2 of the Cupertino Municipal Code to add Chapter 2.94
establishing the Sustainability Commission.
Recommended Action
Staff recommends Council conduct the second reading and enact Ordinance No. 15-
2132: "An Ordinance of the City Council of the City of Cupertino amending Title 2 of
the Cupertino Municipal Code to Add Chapter 2.94 establishing the Sustainability
Commission.”
Description
At its June 2nd budget hearing, the Cupertino City Council directed staff to return with a
recommendation to form a Sustainability Commission to support implementation of the
agency’s Climate Action Plan (“CAP”) and General Plan (“GP”) Environmental
Resources/Sustainability Element. On July 7th, Council conducted the first reading of
Ordinance 15-2132 to establish this Commission, amended the approved FY15/16
Operating Budget to cover Commission expenses, and authorized appropriation of
those funds.
Next Steps
Following Ordinance adoption and enactment, Sustainability Division staff will team
with the City Clerk’s Office to draft, announce and schedule Sustainability Commission
interviews, with the goal of onboarding founding members no later than January 2016.
Sustainability Impact
The formation of a Sustainability Commission is anticipated to bolster and accelerate
Cupertino’s progress towards environmental, economic, and social goals outlined in its
CAP and GP Environmental Resources/Sustainability Element.
Fiscal Impact
177
2
As discussed at the July 7th Council meeting, year one costs for forming and operating
the Sustainability Commission are anticipated to be $7,500, which does not include the
staff time for the Sustainability Manager. Commission expenses, including staffing, will
be considered in future fiscal years, modeled after year one learnings.
_____________________________________
Prepared by: Erin Cooke, Assistant to the City Manager & Sustainability Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
1. Draft Ordinance
178
ORDINANCE NO. 15-2132
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING TITLE 2 OF THE CUPERTINO
MUNICIPAL CODE TO ADD CHAPTER 2.94 ESTABLISHING THE
SUSTAINABILITY COMMISSION
WHEREAS, this Ordinance was determined to be not a project under provisions and
requirements of the California Environmental Quality Act of 1970, together with related
State CEQA Guidelines (collectively, "CEQA"), in that the amendments to the Code are
changes to administrative policies which do not involve a direct or reasonably
foreseeable indirect impact on the physical environment; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance; and
WHEREAS, the City Council has reviewed and considered the “not a project”
determination under CEQA prior to taking any approval actions on this Ordinance; and
WHEREAS, the City of Cupertino General Plan, adopted in 2000 and amended in 2014,
contains an Environmental Resources/Sustainability Element; and
WHEREAS, on January 20, 2015, the City Council adopted Resolution No. 15-001,
adopting the City of Cupertino Climate Action Plan, which is an implementation
mechanism of the City’s General Plan and which provides goals, policies, and programs
to reduce greenhouse gas emissions; and
WHEREAS, the City Council of the City of Cupertino desires to create a Sustainability
Commission to advise the City Council on policy and programmatic areas related to the
goals set forth within the City’s General Plan Environmental Resources and
Sustainability Element and Climate Action Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.94 is hereby added to Title 2 of the Cupertino Municipal Code
to read as follows:
179
Chapter 2.94 SUSTAINABILITY COMMISSION
2.94.010 Established-Composition.
A. The Sustainability Commission of the City of Cupertino is established. The
Sustainability Commission (hereinafter referred to in this Chapter as “Commission”)
shall consist of five members as follows:
1. One representative from a Cupertino-based business,
2. One representative from a Cupertino-based primary, secondary, or higher
educational institution,
3. Three community members.
B. Commission members who are representatives of a business or educational
institution are not required to be Cupertino residents, but the business and
educational institution must be located in Cupertino. The three community
members must be residents of Cupertino.
C. In selection of community members, the City Council may give priority to:
1. Applicants who represent the target sectors and partners as described in the
Cupertino Climate Action Plan (hereinafter referred to in this Chapter as
“CAP”).
2. Applicants who are familiar with climate change mitigation and adaptation
strategies, greenhouse gas emissions inventories, resource and utility
conservation, sustainability and behavior change.
3. Applicants who represent non-profit community organizations and
environmental interest groups.
C. None of these representatives shall be officials or employees of the City, nor
cohabit with, as defined by law, nor be related by blood or marriage to any other
member of the Commission, to the City Manager or to any staff person(s) who
may be assigned to assist this Commission.
D. Members of the Commission shall be appointed by the City Council.
E. The Sustainability Manager, or his or her designee, shall provide technical
assistance to the Commission.
2.94.020 Members--Terms.
A. Commissioners serve at the pleasure of the City Council. The initial term of office
of two of the members of the Commission selected from among the community
members shall be for two years. The initial term of the remaining Commissioners
shall be for a four year period. All subsequent terms shall be for a four year
period. All terms shall end on January 30th of the year the term is due to expire.
No Commissioner shall serve more than two consecutive terms, except that a
180
Commissioner may serve more than two consecutive terms if he or she has been
appointed to the Commission to fill an unexpired term of less than two years.
B. The appointment, reappointment and rules governing incumbent members of the
Commission are governed by Resolution of the Cupertino City Council.
2.94.030 Members--Vacancy or removal.
Any Commissioner may be removed by a majority vote of the City Council. If a
vacancy occurs, other than by expiration of a term, it shall be filled by the City
Council's appointment for the unexpired portion of the term.
2.94.040 Chairperson.
The Commission shall elect its chairperson and vice-chairperson from among its
members and shall appoint a secretary. Terms of the chair and vice-chair shall be for
one year and shall be complete on January 30th.
2.94.050 Meetings--Quorum.
A. The Commission shall hold regular meetings at least once every three months
and at the discretion of the Commission shall hold other meetings as may be
necessary or expedient.
B. A majority of the Sustainability Commission shall constitute a quorum for the
purpose of transacting the business of the Commission.
C. A special meeting may be called at any time by the chairperson or by a majority
of the Commissioners upon notice being given in advance in accordance with the
provisions of the Ralph M. Brown Act or successor statute in effect at the time.
2.94.060 Majority vote required.
A majority vote is required to approve a recommendation on any matter that is
presented to the Commission that requires a vote.
2.94.070 Records required.
The Commission shall keep an accurate record of its proceedings and transactions
and shall render such reports to the City Council as may be required.
181
2.94.080 Powers and functions.
A. The powers and functions of the Commission shall be to serve in an advisory
capacity to the City Council to provide expertise and guidance on major policy
and programmatic areas related to the environmental, economic and societal
goals noted within Cupertino’s CAP and General Plan Environmental
Resources/Sustainability Element.
B. To fulfill their mission, the Commission may involve itself in the following
activities:
1. Monitor and update the CAP based upon quantified metrics to measure
and evaluate mitigated impacts and community benefits;
2. Suggest recommendations, review, and monitor the City’s General Plan
Environmental Resources/Sustainability Element and its intersections with
the CAP;
3. Advise the City Council how to strategically accelerate Cupertino’s
progress towards sustainability and recommend priorities to promote
continued regional leadership in sustainability;
4. Periodically review policies governing specific practices and programs,
such as greenhouse gas emissions reduction, water conservation,
renewable energy, energy efficiency, materials management, and urban
forestry. Illustrative examples include creation of infrastructure for low
emissions vehicles, installation of renewable energy or energy efficiency
technologies, drafting of water conservation or waste reduction policies,
delivery of habitat restoration and conservation programs, design and
roll-out of pollution prevention campaigns, etc.;
5. Make recommendations regarding the allocation of funds for
infrastructure and technology improvements to elevate operational
performance of City facilities, businesses, educational institutions and
homes by reducing costs, improving public health, and serving
community needs;
6. Accept public input on the subject areas noted above and advise the City
Council on ways to drive community awareness, behavior change,
education and participation in City programs modeled upon the field’s
best practices.
7. Review and make recommendations to the City Council on Federal, State
and regional policies related to sustainability that have the potential to
impact City Council’s goals and policies.
8. Pursue any other activity or scope that may be deemed appropriate and
necessary by the City Council.
182
2.94.090 Compensation--Expenses.
Members of the Commission shall serve without compensation. Commissioners may
be reimbursed for necessary expenses reasonably incurred by them while acting in
their official capacity subject to the approval of the City Manager.
2.94.100 Procedural Rules.
The Commission may adopt from time to time such rules of procedure as it may
deem necessary to properly exercise its powers and duties. Such rules shall be kept
on file with the Chairperson of the Commission, the Mayor, and the City Clerk, and
a copy thereof shall be furnished to any person on request.
2.94.110 Effect.
Nothing in this Chapter shall be construed as restricting or curtailing any powers of
the City Council or City officers.
SECTION 2. The City Clerk shall certify the adoption of this Ordinance and shall give
notice of its adoption as required by law. Pursuant to Government Code Section 36933,
a summary of this Ordinance may be published and posted in lieu of publication and
posting of the entire text.
SECTION 3. This ordinance shall take effect thirty (30) days after the date of its
adoption.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 7th
day of July, 2015, and ENACTED at a regular meeting of the City Council of the City of
Cupertino the 4th day of August, 2015, by the following vote:
PASSED:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
183
______________________ ______________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
184
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0926 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:6/8/2015 City Council
On agenda:Final action:8/4/2015
Title:Subject: Hearing to approve assessment of fees on private parcels for the annual weed abatement
program
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
B - Exhibit A Assessment Report
Action ByDate Action ResultVer.
City Council8/4/20151
Subject:Hearingtoapproveassessmentoffeesonprivateparcelsfortheannualweed
abatement program
ConducthearingandadoptResolutionNo.15-067approvingtheassessmentoffeesonprivate
parcels for the annual weed abatement program
CITY OF CUPERTINO Printed on 7/30/2015Page 1 of 1
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OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: August 4, 2015
Subject
Hearing to approve assessment of fees on private parcels for the annual weed
abatement program
Recommended Action
Conduct hearing and adopt the Draft Resolution approving the assessment of fees on
private parcels for the annual weed abatement program
Discussion
Chapter 9.08 of the Cupertino Municipal Code requires property owners to remove or
destroy weeds on their property for fire protection. 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 doesn’t, and allow the County to recover the
costs of abatement.
In addition, the Cupertino Municipal Code Section 16.40.480 requires property owners
in the locally adopted Wildland-Urban Interface Fire Area to maintain effective
defensible space by removing brush, flammable vegetation and combustible growth
when required by the fire code official due to steepness of terrain or other conditions.
The Cupertino brush abatement program is a separate program from the County Weed
Abatement Program and authorizes the County Fire Department to remove the brush if
the property owner doesn’t and to recover the costs of abatement. This year there were
no parcels on the list.
The assessment process includes both the County Weed Abatement program and the
Cupertino brush abatement program. The process consists of eight steps that begin in
November and go through August of each year. At this time the process is at Step No. 8
on the list. Attached is a copy of the draft resolution showing the list of properties on
the Assessment Report.
1. County prepares a list of all properties that have been non-compliant in
removing weeds in the last three years and provides that list to the City (Nov).
186
2. City Council adopts a resolution declaring weeds a nuisance and setting a
hearing date to hear objections by property owners to having their name on the
list (Nov-Dec).
3. County sends notice to the property owners on the list notifying them of the
hearing date and explaining that they must remove weeds by the abatement
deadline of April 30 or it will be done for them, and the cost of the abatement
plus administrative costs assessed to their property (Dec).
4. City Council holds the hearing to consider objections by property owners and
adopts a resolution ordering abatement (Jan).
5. County sends a courtesy letter to property owners on the list notifying them
again of the abatement deadline and noting that they will work with the
property owner to be sure the weeds are removed (Jan).
6. After April 30, the properties are inspected by the County to verify that weeds
were removed and proceeds with abatement if the inspection fails. County
makes a list of all costs associated with the abatement and provides that list to
the City (June-July).
7. City notifies the property owners on the assessment list notifying them of the
hearing date. (July-Aug).
8. City Council holds a hearing, notes any disputes, and adopts a resolution putting
a lien assessment on the properties to allow the County to recover the cost of
weed and brush abatement (July-Aug).
Fiscal Impact
Any fees waived by the Council will be billed to the City by the County to cover their
cost of servicing the property.
_____________________________________
Prepared by: Kirsten Squarcia, Deputy City Clerk
Reviewed by: Grace Schmidt, City Clerk
Approved for Submission by: David Brandt, City Manager
Attachments:
A - Draft Resolution
B - Exhibit A Assessment Report
187
RESOLUTION NO. 15-
A RESOLUTION OF THE CUPERTINO CITY COUNCIL PROVIDING FOR
LIEN ASSESSMENTS AND COLLECTION RESULTING FROM THE
ABATEMENT OF PUBLIC NUISANCES AND POTENTIAL FIRE HAZARDS
(WEEDS ON PRIVATE PARCELS)
WHEREAS, after due notice a hearing thereon was held at a regular
meeting of the City Council on January 20, 2015, at which time the City declared
the growth of weeds upon certain properties as described in City of Cupertino
Resolution No. 15-003 to be a public nuisance; and
WHEREAS, from evidence presented, both oral and written, the City
Council acquired jurisdiction over and abated said nuisances; and
WHEREAS, affected property owners were advised that a hearing would
be held at the City Council meeting of August 4, 2015 providing for lien
assessments and collection resulting from the abatement of public nuisances
(weeds on private parcels); and
WHEREAS, said hearing was held by the City Council at the time and
place fixed for the receiving and considering of such report and proposed
assessment.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
confirm that the costs of abating said nuisances shall be as set forth on Exhibit A
attached hereto and made a part hereof and said costs shall constitute a lien on
the affected property.
BE IT FURTHER RESOLVED that the County Agricultural Commissioner
shall cause the amount of the assessments to be entered on the County
Assessment Roll opposite the description of the particular property, which
assessment so entered on the County rolls shall be collected together with all
other taxes thereon upon the property at the same time and in the same manner,
as general City taxes are collected and shall be subject to the same penalties and
interest, and the procedures and sale in the case of delinquency as provided for
City taxes.
188
Resolution No. 15-
Page 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 4th day of August, 2015, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_____________________________ ________________________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
189
------·-
2015 Weed Abatement Program Exhibit A
Assessment Report
City of Cupertino
TAX ROLL
Situs APN OWNER ADDRESS AMT TRA
10047 Crescent 326-16-027 "guthrie, Gerald D Trustee" 1004 7 Crescent Rd CUPERTINO 95014-1050 $41.00 13013
2 10467 Glencoe 326-30-106 Damask, Robert T Po Box2421 CUPERTINO 95015 $705.70 13003
3 0 Stevens Creek 342-13-012 Deane And Deane Inc 4040 Moorpark Unit# 116 SAN JOSE 95117-1851 $250.00 13013
4 22767 San Juan 342-22-030 "chen, Don And Xu, Juanjuan" 22767 San Juan Rd CUPERTINO 95014-3934 $250.00 13013
5 22765 San Juan 342-22-031 "hashemi, Siamak And 22765 San Juan Rd CUPERTINO 95014-3934 $250.00 13013
6 0 (land Only) 342-50-019 "chamberlain, Jack T Trustee" 655 Skyway SAN CARLOS 94070 $250.00 13013
7 22032 Lindy 356-27-025 "de, Kalpajit And Majumder, 22032 Lindy Ln CUPERTINO 95014-4811 $41.00 13013
8 10040 Bianchi 359-07-021 "wong, Lynn" 1901 Messina Dr SAN JOSE 95132 $250.00 13013
9 1102 Steeplechase 359-31-038 "raju, Karthik And Karthik, 1102 Steeplechase Ln CUPERTINO 95014-5817 $41.00 13013
10 0 Cranberry 362-02-048 Union Pacific Corporation 10031 Foothills Blvd ROSEVILLE 95030-0000 $250.00 13013
11 0 362-09-026 Union Pacific Corporation 10031 Foothills Blvd ROSEVILLE 95030-0000 $250.00 13013
12 0 362-16-037 Union Pacific Corporation 10031 Foothills Blvd ROSEVILLE 95030-0000 $250.00 13013
13 0 362-19-033 Union Pacific Corporation 10031 Foothills Blvd ROSEVILLE 95030-0000 $250.00 13013
14 19160 Stevens Creek 375-07-001 Green Valley Corp 777 First St 5th Floor SAN JOSE 95112 $250.00 13013
15 10200 Stern 375-12-002 "me Grath, Patrick W" Po Box2422 PALO ALTO 94309-2422 $250.00 13013
16 10361 Johnson 375-18-039 "me Grath, Patrick W" Po Box2422 PALO ALTO 94309-2422 $250.00 13013
17 18600 Barnhart 375-23-014 Goldsilverisland Homes, Lie 1525 Mccarthy Blvd.,# 1000 MILPITAS 95035 $41.00 13013
18 10260 Johnson 375-25-060 "saha, Bratin And Mullick, Atrayee" 10260 Johnson Av CUPERTINO 95014-3812 $41.00 13013
Report Date: 7/21/2015 (List Sorted by APN) Page 1
190
Situs APN
19 18601 Starrett 375-26-016
20 10630 Carver 375-32-020
21 18832 Tuggle 375-32-028
22 10627 Culbertson 375-36-027
Report Date: 7/21/2015
2015 Weed Abatement Program
Assessment Report
City of Cupertino
OWNER ADDRESS
Sage Property Investment Lie 19726 Saint Ann Ct
"me Grath, Patrick W" Po Box2422
Grand Success Lie 20395 Sea Gull Wy
"me Grath, Patrick W" 1184 Valelake Ct
(List Sorted by APN)
Exhibit A
TAX ROLL
AMT TRA
SARATOGA 95070 $41.00 13013
PALO ALTO 94309-2422 $250.00 13013
SARATOGA 95070 $41.00 13013
SUNNYVALE 94089-2032 $250.00 13013
TOTAL $4,492.70
Page2
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-0738 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:2/24/2015 City Council
On agenda:Final action:8/4/2015
Title:Subject: Report on Committee assignments and general comments
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council8/4/20151
Subject: Report on Committee assignments and general comments
Report on Committee assignments and general comments
CITY OF CUPERTINO Printed on 7/30/2015Page 1 of 1
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