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07-03-2018 Searchable PacketCITY OF CUPERTINO AGENDA CITY COUNCIL 5:30 PM 10300 Torre Avenue and 10350 Torre Avenue Tuesday, July 3, 2018 Amended Special Meeting Non-televised Closed Session (5:30); Televised Regular Meeting (6:45) Amended on 6/27/18 at 6:40 PM to add "Special Meeting" to the agenda header. NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, July 03, 2018, commencing at 5:30 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL - 5:30 PM City Hall Conference Room A, 10300 Torre Avenue CLOSED SESSION 1.Subject: Conference with Legal Counsel - Existing Litigation pursuant to Government Code section 54956.9, subdivision (d), paragraph 1. Case: Friends of Better Cupertino, Kitty Moore, Ignatius Ding and Peggy Griffin, v. City of Cupertino, et al., Santa Clara Superior Court, Case No. 18CV330190 2.Subject: Conference with Real Property Negotiators pursuant to Government Code Section 54956.8. Properties: APN 375-21-001, Lawrence Expressway at Mitty Avenue and APN 381-19-015, Lawrence Expressway at Doyle Road. Agency Negotiators: Jaqui Guzman. Negotiating Parties: San Jose Water Company; County Roads and Airports; City of San Jose. Under Negotiation: Price and terms of payment. Page 1 1 July 3, 2018City Council AGENDA ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber, 10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1.Subject: Proclamations to Green Business Certification Awardees Recommended Action: Present Proclamations to Green Business Certification Awardees 2.Subject: Proclamation to the NAACP of Silicon Valley for its efforts to promote inclusion, fairness, and involvement for the many groups comprising our community. Recommended Action: Present Proclamation to the NAACP of Silicon Valley for its efforts to promote inclusion, fairness, and involvement for the many groups comprising our community. 3.Subject: Presentation by Bhubaneswar, India Sister City Committee Recommended Action: Receive presentation by Bhubaneswar, India Sister City Committee 4.Subject: Climate Action Plan annual progress update Recommended Action: Receive presentation and review Climate Action Plan progess report Staff Report A- 2017 Climate Action Plan Progress Report 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. STUDY SESSION Page 2 2 July 3, 2018City Council AGENDA 5.Subject: Study Session promoting school safety and preventing gun violence Recommended Action: Conduct Study Session promoting school safety and preventing gun violence and give direction to staff as necessary 6.Subject: Study session on proposed restructuring of Cupertino's business license tax Recommended Action: Provide staff direction on a proposed tax measure to restructure Cupertino’s business license tax. Staff Report A - Draft Resolution B - Draft Ordinance POSTPONEMENTS 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. 7.Subject: Approve the May 15 City Council minutes (continued from June 5, 2018) Recommended Action: Approve the May 15 City Council minutes A - Draft Minutes (redline) B - Draft Minutes (clean) 8.Subject: Approve the June 11 (Study Session) City Council minutes Recommended Action: Approve the June 11 (Study Session) City Council minutes A - Draft Minutes 9.Subject: Approve the June 19 City Council minutes Recommended Action: Approve the June 19 City Council minutes A - Draft Minutes 10.Subject: Accept Accounts Payable for the period ending April 27, 2018 Recommended Action: Adopt Resolution No. 18-063 accepting Accounts Payable for the period ending April 27, 2018 A - Draft Resolution B - AP Report Page 3 3 July 3, 2018City Council AGENDA 11.Subject: Accept Accounts Payable for the period ending May 4, 2018 Recommended Action: Adopt Resolution No. 18-064 accepting Accounts Payable for the period ending May 4, 2018 A - Draft Resolution B - AP Report 12.Subject: Accept Accounts Payable for the period ending May 11, 2018 Recommended Action: Adopt Resolution No. 18-065 accepting Accounts Payable for the period ending May 11, 2018 A - Draft Resolution B - AP Report 13.Subject: Agreement Extension and Amendment with Lifetime Tennis Inc., DBA Lifetime Activities Inc. (Continued from June 19, 2018) Recommended Action: Authorize the City Manager to extend and amend the City's agreement with Lifetime Tennis Inc., DBA Lifetime Activities Inc. for six years (July 1, 2018 - June 30, 2024). Staff Report A - Current Agreement B - Unsigned First Amendment C - Draft Amendment D - Notice to Extend and Amend, Nov 2017 14.Subject: Agreement between the City of Cupertino and HNTB, Inc., for professional design services to conduct survey & inspection, recommend perimeter fencing improvements and resolve bearing pin issues for the Don Burnett Bicycle-Pedestrian Bridge Recommended Action: Staff recommends Council take the following actions: 1. Approve an Agreement between the City of Cupertino and HNTB, Inc., in the amount not to exceed $69,945 from the date of execution through November 1, 2018, and authorize the Director of Public Works to negotiate and execute all necessary documents with contractors to complete corrective actions as may be recommended by this agreement in an amount not to exceed $150,000; and 2. Adopt a Resolution No 18-066 approving a Budget Adjustment in the amount of $219,945 for Don Burnett Bicycle-Pedestrian Bridge Inspection & Maintenance (Attachment B). Staff Report A - Draft Professional Services Agreement with HNTB B - Draft Resolution Page 4 4 July 3, 2018City Council AGENDA 15.Subject: Agreement with Pacific Office Automation for the technology refresh of the City's multifunctional printers. Recommended Action: Authorize the City Manager to approve purchase order for fifteen (15) multifunctional printers in the amount of $128,305 and authorization to enter into a one-year Service Agreement, with four (4) one-year extension options payable at an annual rate of $25,000 for a five-year amount of $125,000 with Pacific Office Automation for a total amount of $253,305. Staff Report A - NASPO Contract B - Service Agreement 16.Subject: Application for Alcohol Beverage License for Prime Works USA, Inc (dba Uzumakiya), 10789 S. Blaney Avenue Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Prime Works USA, Inc (dba Uzumakiya), 10789 S. Blaney Avenue Staff Report A - Application 17.Subject: Authority to award a construction contract for the McClellan Road Sidewalk Improvements-Phase 2 project Recommended Action: 1. Authorize the City Manager to award a construction contract in an amount not to exceed 90% of 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. Staff Report 18.Subject: Authority to award a construction contract for the McClellan Road Separated Bikeways-Phase 1 project Recommended Action: 1. Authorize the City Manager to award a construction contract in an amount not to exceed 90% of 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. Staff Report Page 5 5 July 3, 2018City Council AGENDA 19.Subject: 2015 Contractual Janitorial Services - Project No. 2015-23, contract extension Recommended Action: Staff recommends Council take the following actions: 1. Authorize the Director of Public Works to negotiate and execute a one-year extension of the 2015 Contractual Janitorial Services contract and increase janitorial services by $400/month at the Cupertino Library; and; 2. Adopt Resolution No 18-067 approving a Budget Adjustment in the amount of amount of $4,800 for janitorial services (100-87-828 700-702) (Attachment C). Staff Report A - 2017 First Amendment and 2015 Contractual Janitorial Services Contract B - Letter to Extend Term of the Agreement to June 30, 2019 C - Draft Resolution SECOND READING OF ORDINANCES 20.Subject: Ordinance amendment of the collection procedures for the City's Transient Occupancy Tax (TOT), which is a tax imposed on travelers when they rent accommodations within the City pursuant to Cupertino Municipal Code Title 3, Chapter 3.12. Recommended Action: 1. Conduct the second reading of Ordinance No. 18-2174: "An Ordinance of the City Council of the City of Cupertino amending Chapter 3.12 of the Municipal Code to provide for the collection of transient occupancy taxes from short-term rentals using internet-based/social media platforms"; and 2. Enact the ordinance. Note: The first reading was conducted on June 19 and there were no changes to the ordinance. A - Draft Ordinance PUBLIC HEARINGS 21.Subject: 2018-19 Community Development Block Grant (CDBG) Annual Action Plan Recommended Action: 1. Conduct the Public Hearing; and 2. Adopt Resolution No. 18-068 adopting the FY 2018-19 Community Development Block Grant (CDBG) Annual Action Plan and authorizing the City Manager to submit the plan to the US Department of Housing and Urban Development (HUD); and 3. Authorize the appropriation of CDBG funds to the US Department of Housing (HUD) to allow spending of the fiscal year 2018-2019 grant award in the amount of $361,597 Staff Report A - Draft Resolution B- Housing Commission Resolution No. 18-04 C - FY 2018-19 CDBG Annual Action Plan Page 6 6 July 3, 2018City Council AGENDA ORDINANCES AND ACTION ITEMS 22.Subject: First Reading of an Ordinance amending to Cupertino Municipal Code Chapters 19.12 (Administration) and 19.148 (Required Artwork in Public and Private Developments). (Application number: MCA-2018-01; Location: City-wide; Applicant: City of Cupertino) Recommended Action: Conduct the first reading of Ordinance No. 18-2175: "An Ordinance of the City Council of the City of Cupertino amending Municipal Code Chapters 19.12: Administration and 19.148: Required artwork in Public and Private Developments”; and 2. Schedule the second reading of the ordinance for August 21, 2018. Staff report A - Draft Ordinance B - Redlined changes C - Local cities' art programs D - Fine Arts Commission Resolution 18-02 REPORTS BY COUNCIL AND STAFF 23.Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT Page 7 7 July 3, 2018City 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. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. 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 Page 8 8 July 3, 2018City Council AGENDA 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 9 9 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4119 Name: Status:Type:Closed Session Agenda Ready File created:In control:6/25/2018 City Council On agenda:Final action:7/3/2018 Title:Subject: Conference with Legal Counsel - Existing Litigation pursuant to Government Code section 54956.9, subdivision (d), paragraph 1. Case: Friends of Better Cupertino, Kitty Moore, Ignatius Ding and Peggy Griffin, v. City of Cupertino, et al., Santa Clara Superior Court, Case No. 18CV330190 Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Subject: Conference with Legal Counsel - Existing Litigation pursuant to Government Code section 54956.9, subdivision (d), paragraph 1. Case: Friends of Better Cupertino, Kitty Moore, Ignatius Ding and Peggy Griffin, v. City of Cupertino, et al., Santa Clara Superior Court, Case No. 18CV330190 CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™10 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4120 Name: Status:Type:Closed Session Agenda Ready File created:In control:6/25/2018 City Council On agenda:Final action:7/3/2018 Title:Subject: Conference with Real Property Negotiators pursuant to Government Code Section 54956.8. Properties: APN 375-21-001, Lawrence Expressway at Mitty Avenue and APN 381-19-015, Lawrence Expressway at Doyle Road. Agency Negotiators: Jaqui Guzman. Negotiating Parties: San Jose Water Company; County Roads and Airports; City of San Jose. Under Negotiation: Price and terms of payment. Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Subject: Conference with Real Property Negotiators pursuant to Government Code Section 54956.8. Properties: APN 375-21-001, Lawrence Expressway at Mitty Avenue and APN 381-19 -015, Lawrence Expressway at Doyle Road. Agency Negotiators: Jaqui Guzman. Negotiating Parties: San Jose Water Company; County Roads and Airports; City of San Jose. Under Negotiation: Price and terms of payment. CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™11 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4111 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:6/19/2018 City Council On agenda:Final action:7/3/2018 Title:Subject: Proclamations to Green Business Certification Awardees Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council7/3/2018 1 Subject:Proclamations to Green Business Certification Awardees Present Proclamations to Green Business Certification Awardees CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™12 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4118 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:6/25/2018 City Council On agenda:Final action:7/3/2018 Title:Subject: Proclamation to the NAACP of Silicon Valley for its efforts to promote inclusion, fairness, and involvement for the many groups comprising our community. Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council7/3/2018 1 Subject: Proclamation to the NAACP of Silicon Valley for its efforts to promote inclusion, fairness, and involvement for the many groups comprising our community. Present Proclamation to the NAACP of Silicon Valley for its efforts to promote inclusion, fairness, and involvement for the many groups comprising our community. CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™13 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3943 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:5/3/2018 City Council On agenda:Final action:7/3/2018 Title:Subject: Presentation by Bhubaneswar, India Sister City Committee Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council7/3/2018 1 Subject: Presentation by Bhubaneswar, India Sister City Committee Receive presentation by Bhubaneswar, India Sister City Committee CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™14 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:218-4110 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:6/19/2018 City Council On agenda:Final action:7/3/2018 Title:Subject: Climate Action Plan annual progress update Sponsors: Indexes: Code sections: Attachments:Staff Report A- 2017 Climate Action Plan Progress Report Action ByDate Action ResultVer. City Council7/3/2018 2 Subject: Climate Action Plan annual progress update Receive presentation and review Climate Action Plan progess report CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™15 CITY COUNCIL STAFF REPORT Meeting: July 3, 2018 Subject Climate Action Plan Annual Progress Update Recommended Action Receive presentation and review Climate Action Plan progress report Description In January 2015, the City adopted the first Climate Action Plan ( CAP) written to achieve state recommended greenhouse gas emission reduction goals outlined in the California Global Warming Solutions Act of 2006 (AB 32), and meet the Bay Area Air Quality Management District expectation of a Qualified Greenhouse Gas Emissions Reduction Strategy. The CAP contains over 225 measures to help reach a community-wide greenhouse gas (GHG) reduction goal of 15% below 2010 levels by 2020, which approximates a return to 1990 levels. The CAP provides a set of strategies intended to guide GHG emissions reduction efforts, typically through a combination of statewide and local actions to address energy, transportation, water, and waste. CAP Progress Report Update The city has made steady progress in the past year to implement the CAP. All near term measures are currently being tracked and have started implementation. A few highlights include:  All City buildings, facilities, parks and street lights are now powered by Carbon Free, 100% renewable energy from Silicon Valley Clean Energy. Allowing City renewable energy goals to be achieved ahead of schedule.  Zero Waste Policy adopted by City Council in December 2017.  Civic Center Demonstration Garden complete, converting 19,000 square feet of turf and ivy to drought tolerant plants, estimated to save over 400,000 gallons of water per year. Signage to be installed Fall 2018.  City recognized by League of American Bicyclists as a Gold Level Bicycle Friendly Business.  2.7 MW of community solar capacity installed from 2015 through 2016, exceeding 2020 goal years ahead of schedule. 16 2  25% reduction in per capita water usage, exceeding 2020 goal of 20% reduction.  City fleet vehicles are run on petroleum free 100% renewable diesel, made primarily from waste and residues from cooking oil and animal fats from food industry. Next Steps Last year staff conducted a 2015 GHG Inventory Update, the results of this inventory show that community wide emissions have been reduced 13% since 2010, so we are on our way to meeting our 2020 reduction goal of 15% below 2010 baseline by the year 2020. Staff will conduct the next GHG inventory update in 2019 analyzing 2017 data. With Silicon Valley Clean Energy (SVCE), we anticipate we will see further significant reductions. Staff will continue to implement programs and to monitor and track progress. Annual reports will be given to Council to consistently report on implementation and monitor progress towards GHG reduction goals. Sustainability Impact Tracking reduction measure implementation will enable the City to monitor progress towards the community-wide target of reducing GHG 15% below 2010 levels by 2020, which approximates a return to 1990 levels. Additionally, the successful implementation of the CAP will help to complete strategies identified in Chapter 6, Environmental Resources and Sustainability Element of the amended General Plan including:  Strategy ES-1.1.1: Climate Action Plan (CAP). Adopt, implement and maintain a Climate Action Plan to attain greenhouse gas emissions targets consistent with state law and regional requirements.  Strategy ES-1.1.2: CAP and Sustainability Strategies Implementation. Periodically review and report on the effectiveness of the measures outlined in the CAP and the strategies in this Element. Institutionalize sustainability by developing a methodology to ensure all environmental, social and lifecycle costs are considered in project, program, policy and budget decisions.  Goal ES-2 Promote Conservation of Energy Resources and Goal ES-3 Improve Building Efficiency. Fiscal Impact The cost for CAP implementation, measuring progress and data tracking are contained with the Sustainability Division budget requested in the FY 17/18 and FY 18/19 budgets. _____________________________________ Prepared by: Misty Mersich, Sustainability Manager Approved for Submission by: David Brandt, City Manager Attachments: A. 2017 Climate Action Plan Progress Update Report 17 Climate Action Plan Progress Report & GHG Inventory Update Prepared by City of Cupertino, Sustainability Division 18 CITY OF CUPERTINO | JULY 2018 i 2017 CLIMATE ACTION PLAN PROGRESS REPORT 2017 CLIMATE ACTION PROGRESS HIGHLIGHTS Projects and Policies City received gold-level designation from SolSmart, a program funded by the U.S. Department of Energy SunShot Initiative, for adopting programs and practices that make it faster, easier, and cheaper for residents and businesses to go solar City awarded two Beacon Spotlight Awards by the Institute for Local Government: Platinum Level Award for municipal emissions reduction and Gold Level Award for community-wide emissions reduction Civic Center Demonstration Garden completed, converting 19,000 square feet of turf and ivy to drought tolerant plants, estimated to save over 400,000 gallons of water per year City of Cupertino recognized by League of American Bicyclists as a Gold Level Bicycle Friendly Business Pedestrian Transportation Plan adopted by City Council in February 2017 Cupertino Certified Green Businesses saved 5,892 MT CO2 emissions and over 19 million pounds of waste diverted from landfill to date Estimated 449,606 square feet of landscaped area to date covered by Water Efficient Landscape Ordinance Waste Policy adopted by City Council in December 2017 19 CITY OF CUPERTINO | JULY 2018 ii 2017 CLIMATE ACTION PLAN PROGRESS REPORT 2017 CLIMATE ACTION PROGRESS HIGHLIGHTS CAP Goals Achieved Silicon Valley Clean Energy 2.7 MW 25% 25% 100% 100% 29% 20% reduction reduction reduction reduction Per Capita Water Usage of municipal electricity usage FROM renewable sources Municipal Water Usage of community solar capacity Municipal Natural Gas Usage Municipal Building Electricity Usage installed since 2015, exceeding 2020 goal of 1.5 MW (Measure C-E-5) community-wide compared to 2010 baseline, exceeding 2020 goal of 20% reduction (Measure C-W-1) in 2017, offering carbon free electricity to Cupertino residents and businesses (Measure C-E-7) Achieved via Silicon Valley Clean Energy’s GreenPrime option (Measure M-F-1). community-wide compared to 2008 baseline, exceeding 2020 goal of 20% reduction (Measure C-W-1) compared to 2010 baseline, exceeding 2020 goal of 14.5% reduction. (Measure M-F-3) compared to 2010 baseline, exceeding 2020 goal of 14.3% reduction (Measure M-F-3) Launched 20 CITY OF CUPERTINO | JULY 2018 iii 2017 CLIMATE ACTION PLAN PROGRESS REPORT TABLE OF CONTENTS 2017 CLIMATE ACTION PROGRESS HIGHLIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 CO-BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 2017 NEAR-TERM MEASURE STATUS AND METRICS SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 LONG-TERM TARGET MONITORING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 COMMUNITY MEASURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 REDUCE ENERGY USE COMMUNITY-WIDE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 REDUCE ENERGY USE COMMUNITY-WIDE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 CONSERVE POTABLE WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 REDUCE SOLID WASTE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 EXPAND GREEN INFRASTRUCTURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 MUNICIPAL MEASURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 IMPROVE FACILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 ENCOURAGE ALTERNATIVE TRANSPORTATION / CONVERT VEHICLE FLEET . . . . . . . . . . . . . . . . . 41 REDUCE SOLID WASTE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 21 2017 CLIMATE ACTION PLAN PROGRESS REPORT CO-BENEFITS CITY OF CUPERTINO | JULY 2018 1 INTRODUCTION This report, prepared by the Sustainability Division within the Office of the City Manager, summarizes annual progress toward implementation priorities related to energy, water, and transportation measures set forth in the Climate Action Plan (CAP). As directed by the city’s General Plan Sustainability Element, the CAP identifies emissions reduction strategies that are informed by goals, values, and priorities of the Cupertino community. The CAP was unanimously adopted by City Council in January 2015. It contains over 225 measures to help reach a community-wide greenhouse gas (GHG) reduction goal of 15% below 2010 levels by 2020, which approximates a return to 1990 levels. The CAP provides a set of strategies intended to guide GHG emissions reduction efforts both in the community and within the city’s municipal operations. This report benchmarks and tracks the status and progress made on the near-term measures community-wide and in municipal operations in calendar year 2017. If data is not available for 2017, it is provided for the most recent year available. Tracking progress over time will help identify if adjustments to the CAP are needed to reach Cupertino’s near-term GHG emissions reduction and sustainability goals for the year 2020 and beyond. Over time, the medium and long-term measures will be added to this annual progress report. This progress report is organized according to the measures outlined in the CAP, as follows: Reduce Energy Use / Improve Facilities Encourage Alternative Transportation / Convert Vehicle Fleet Conserve Potable Water Reduce Solid Waste Expand Green Infrastructure 22 2017 CLIMATE ACTION PLAN PROGRESS REPORT NEAR-TERM MEASURE STATUS CITY OF CUPERTINO | JULY 2018 2 CO-BENEFITS Co-benefits describe desirable outcomes beyond GHG emissions reductions and are included in the measures outlined in this report. Below are the co-benefit icons that illustrate these desirable outcomes: Improves air quality Increases natural habitat Reduces energy use Reduces heat island effect Promotes regional smart growth Improves public health Reduces traffic congestion Creates local jobs Reduces water use; Extends community water supply Reduces waste; Extends landfill lifespan Improves water quality; Reduces storm water run-off Provides long-term savings to residents, businesses, and local governments Improves local energy independence Raises community awareness Conserves natural resources Reduces landfill methane Regional Implementation Opportunities 23 2017 CLIMATE ACTION PLAN PROGRESS REPORT NEAR-TERM MEASURE STATUS CITY OF CUPERTINO | JULY 2018 3 2017 NEAR-TERM MEASURE STATUS AND METRICS SUMMARY Outlined below is a summary of the implementation status of the Near-Term CAP Measures. Community Measures Status Number Measure Name Ongoing 2035-1 Long-Term Target Monitoring Ongoing C-E-1 Energy Use & Data Analysis Ongoing C-E-2 Retrofit Financing- PACE In Progress C-E-3 Home and Commercial Building Retrofit Outreach Ongoing C-E-5 Community Wide Solar Photovoltaic Development Complete C-E-7 Community Choice Energy Option Ongoing C-T-1 Bicycle & Pedestrian Environment Enhancements Ongoing C-T-2 Bikeshare Program Ongoing C-T-3 Transportation Demand Management Ongoing C-T-5 Transit Priority Ongoing C-T-6 Transit-Oriented Development Ongoing C-T-7 Community-Wide Alternative Fuel Vehicles Ongoing C-W-1 SB-X7-7 Water Reduction Ongoing C-W-2 Recycled Water Irrigation Program Ongoing C-SW-1 Zero Waste Goal Ongoing C-SW-2 Food Scrap and Compostable Paper Diversion Ongoing C-SW-3 Construction & Demolition Waste Diversion Program Ongoing C-G-1 Urban Forest Program Municipal Measures Status Number Measure Name Complete M-F-1 Sustainable Energy Portfolio Ongoing M-F-2 Renewable or Low-Carbon Electricity Generation In Progress M-F-3 Advance Energy Management Activities Ongoing M-F-4 Grow Existing Building Energy Retrofit Efforts Ongoing M-F-6 Complete Citywide Public Realm Lighting Efficiency Ongoing M-F-7 Conserve Water Through Efficient Landscaping Ongoing M-VF-1 Low Emission and Alternative Fuel Vehicles Ongoing M-VF-2 Increase Alternative Fuel Infrastructure In Progress M-VF-3 Promote Behavior / Fuel Optimization Ongoing M-SW-1 Waste Reduction Ongoing M-SW-2 Food Scrap and Compostable Paper Diversion Complete – All required implementation steps have been completed Ongoing – All required initial steps have been completed, but component is still actively being implemented In Progress – Implementation steps are still being developed and pursued On Hold – Implementation has not proceeded due to a programmatic barrier or is no longer applicable based on the original implementation plan 24 2017 CLIMATE ACTION PLAN PROGRESS REPORT NEAR-TERM MEASURE STATUS CITY OF CUPERTINO | JULY 2018 4 Greenhouse Gas Inventory Update In 2017, the City completed a greenhouse gas inventory update report1 for the year 2015. Community-wide emissions reduced by 13%, comparing 2015 to the baseline of 2010, as depicted in the chart below. The report projects that with the CAP implementation measures in place, Cupertino is on track to meet its emissions reduction target of 15% below 2010 emissions by 2020. The City was recognized by the Institute for Local Government with two Beacon Spotlight Awards for reducing emissions from 2015 to 2010: Platinum Level Award for municipal emissions reduction and Gold Level Award for community-wide emissions reduction. 1 See http://www.cupertino.org/our-city/departments/environment-sustainability/climate-action for the 2015 GHG Inventory Update report. Solid Waste Wastewater Solid Waste Transportation Energy Off-Road Cupertino Community-Wide Emissions by Sector - 2010 vs. 2015 350,000 300,000 250,000 200,000 150,000 100,000 50,000 0Emissions (MT CO2e)2010 2015 25 2017 CLIMATE ACTION PLAN PROGRESS REPORT NEAR-TERM MEASURE STATUS CITY OF CUPERTINO | JULY 2018 5 Summary CAP Report Metrics Below is a brief summary of CAP progress tracking measures. All data is from 2017 unless noted otherwise. Community Measures Measure Name Metric C-E-1 Energy Use & Data Analysis Community-wide electricity usage 413,021,125 kWh Community-wide natural gas usage 14,440,024 therms C-E-2 Retrofit Financing PACE projects financed (2014-2017)10 projects $286,273 financed BayREN residential programs energy savings (Oct 2013 to Dec 2017) 264,639 kWh 15,887 therms Commercial retrofit program energy savings (2016)156,288 kWh C-E-3 Home and Commercial Building Retrofit Outreach GreenBiz program savings (2010 – 2017)5,892 MT CO2 emissions 3,693,454 kWh electricity 10,639,921 gal. water 19,557,581 lbs. waste C-E-5 Community Wide Solar Photovoltaic Development Solar PV systems installed (excluding Apple 2 Campus) 1.03 MW solar capacity Percent increase in residential solar permits (comparing 2017 to 2010) 119% increase Apple 2 Campus estimated capacity 26,700 MWh / year C-T-7 Community-Wide Alternative Fuel Vehicles # of hybrids and electric vehicles owned by residents (2016) 3,309 hybrids 1,466 plug-in electric vehicles # charging stations installed (home and public) 43 charging stations C-W-1 SB-X7-7 Water Reduction Per capita water usage reduction (comparing 2017 to 2010) 25% reduction Landscape rebate program 37 rebates 49,525 sq. ft. converted 990,500 gal. est. water savings Water Efficient Landscape Ordinance coverage (2016 - 2017)449,606 sq. ft. est. landscape area C-SW-1 Zero Waste Goal Diversion rate (2016)56% - population 72% - employment C-SW-3 Construction & Demolition Waste Diversion Program Diversion of construction and demolition materials 55% diversion C-G-1 Urban Forest Program Number of new trees planted 203 new trees 26 2017 CLIMATE ACTION PLAN PROGRESS REPORT LONG-TERM TARGET MONITORING CITY OF CUPERTINO | JULY 2018 6 Municipal Measures Measure Name Metric M-F-1 Sustainable Energy Portfolio Percent of municipal electricity usage coming from renewable sources 100% renewable sources M-F-2 Renewable or Low-Carbon Electricity Generation Generation of solar PV at Service Center 150,448 kWh Generation of solar PV at Environmental Education Center (Jan 2017 – Jan 2018) 9,321 kWh M-F-3 Advance Energy Management Activities Reduction in municipal building electricity usage (comparing 2017 to 2010) 25% reduction Reduction in municipal natural gas usage (comparing 2017 to 2010) 20% reduction M-F-7 Conserve Water Through Efficient Landscaping Municipal water usage reduction (comparing 2017 to 2008) 29% reduction M-VF-1 Low Emission and Alternative Fuel Vehicles Percent of vehicle fleet comprised of zero or low emissions vehicles (plug-in electric and all electric) 14% clean vehicles M-SW-1 Waste Reduction Paper savings from new electronic invoice process 16,800 pieces of paper / year 27 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 7 Long-Term Target Monitoring MEASURE 2035-1 | Long-Term Target Monitoring Goal:Regularly monitor progress made towards City’s 2035 and 2050 targets through inventory updates and review of implementation success related to statewide actions. Progress Indicators: Supporting Measure – Not Quantified Status Action Ongoing A. Prepare emissions inventory updates on 2-3 year cycle Ongoing B. Develop process for updating statewide reduction estimates as part of future inventory updates to show actual BAU and ABAU emissions levels achieved Ongoing C. If discrepancy between actual reduction results and estimated levels due to fewer reductions from statewide actions, strengthen related local CAP measures to close reductions gap Ongoing D. Incorporate updated BAU and ABAU inventories into regular CAP implementation progress reports Implementation Update: In June 2017, Sustainability Division presented the 2015 community-wide and municipal greenhouse gas inventory update to City Council. The community-wide inventory included updated BAU and ABAU projections. As part of the City’s commitment to the Compact of Mayors, the City publically reported emissions data and climate action progress via the reporting platform CDP Cities. 28 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 8 COMMUNITY MEASURES Detailed below are each of the city’s near-term community measures and status updates, organized according to the reduction strategy categories outlined above (reduce energy, encourage alternative transportation, conserve potable water, reduce solid waste, and expand green infrastructure). Reduce Energy Use Community-wide MEASURE C-E-1 | Energy Use Data and Analysis Goal Increase resident and building owner/tenant/operator knowledge about how, when, and where building energy is used. Co-Benefits Tracking Mechanism Identify energy savings from participation in energy use data analytics programs. Progress Indicators Participation rates in energy analytics program: •10% of single family units (1,500 homes) and 5% of multi-family units (300 units) participates in advanced analytics program; 775,000 kWh/yr. saved •10% of nonresidential square footage in 2010 baseline year (1.27 million sq. ft.) participates in advanced analytics program; 2,200,000 kWh/yr. saved Status Action Ongoing A. Work with PG&E to facilitate aggressive implementation of PG&E’s Home and Business Area Network (HAN) program within Cupertino Implementation Update: The City is currently co-promoting PG&E’s HomeIntel Smart Audit program to Cupertino residents. Launched in spring 2018, HomeIntel is a free online energy audit for PG&E and Silicon Valley Clean Energy customers. The City is working closely with Silicon Valley Clean Energy to develop effective electrification and energy savings programs and initiatives to benefit Cupertino customers. Natural gas usage Natural gas usage in the community in 2017 is estimated at 14,440,024 therms2, a 9% reduction compared to the 2. Energy data is from PG&E Green Communities 2017 dataset; electricity data for 2017 was provided by Silicon Valley Clean Energy. Discrepancies in data exist in both natural gas and electricity data provided by PG&E. Some commercial and industrial natural gas data for 2017 was excluded from the dataset due to privacy reasons related to the “15/15 Rule”; therefore, 2016 natural gas data for the commercial and industrial sectors was used as a proxy for 2017 data for the following subsectors: Commercial & Industrial Nongovernment therms. 29 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 9 2010 baseline. Below is a breakdown of natural gas usage comparing residential and nonresidential sectors from 2010 to 2017: Electricity usage Community-wide electricity usage in 2017 was 413,021,125 kWh. Comparison to the 2010 baseline is not possible, as some direct access data was omitted from the PG&E dataset for 2010, 2011, and 2012 which could significantly affect the total figures for these years. Below is a breakdown of electricity usage comparing residential and nonresidential sectors from 2010 to 2017: Discrepancies exist as well with the Direct Access electricity data; Direct Access data was not provided for nongovernmental customers for years 2010-2012. Community-wide Natural Gas Usage 2010 2011 2012 2013 2014 2015 2016 2017 Residential therms Commercial and industrial Total All Sectors 18,000,000 14,000,000 12,000,000 8,000,000 10,000,000 6,000,000 4,000,000 2,000,000 —therms16,000,000 — Community-wide Electricity Usage Residential kWh Commercial, Industrial and Direct Access Total All Sectors 450,000,000 350,000,000 300,000,000 200,000,000 250,000,000 150,000,000 100,000,000 50,000,000kWh400,000,000 2010 2011 2012 2013 2014 2015 2016 2017 30 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 10 MEASURE C-E-2 | Retrofit Financing Goal Promote existing and support development of new private financing options for home and commercial building retrofits and renewable energy development. Co-Benefits Tracking Mechanism Calculate energy savings from existing building retrofits Progress Indicators Upgrade and retrofit residential and commercial buildings throughout the city: •750 single-family houses install a comprehensive retrofit package; •450 single-family houses install a basic retrofit package; •300 multi-family units receive a comprehensive retrofit package; •175 multi-family units receive a basic retrofit package; •875,000 square feet of nonresidential space installs a comprehensive retrofit package Status Action Ongoing A. Continue to participate in CaliforniaFIRST to make PACE financing available to commercial, industrial, multi-family residential (5+ units), and non-profit-owned buildings Complete B. Continue to participate in effort with other Santa Clara County local governments to establish countywide PACE financing district available for residential property owners (could also provide another source of commercial financing to compliment CaliforniaFIRST program) Ongoing D. Finalize GreenBiz Financing Guide and create residential-focused guide and companion website to direct interested parties to utility, public agency, and local lending institution resources to advance energy efficiency and water conservation measures Implementation Update: Property Assessed Clean Energy (PACE) Program: Cupertino started participating in the CaliforniaFIRST3 Property Assessed Clean Energy (PACE) program in 2014, which provides funding for energy efficiency, renewable energy, and water efficiency improvements, to be paid back over time on property tax bills. 3. For CaliforniaFIRST cumulative totals, amount financed & kW solar capacity installed are less than reported last year due to an over reporting error, which CaliforniaFIRST has since corrected in their system. 31 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 11 In February 2017, Cupertino City Council approved resolutions to sign onto the Association of Bay Area Governments (ABAG) Regional Collaborative Services Agreement and allow additional PACE programs. To date only one provider has completed jobs in Cupertino: PACE Provider Number of projects funded Amount financed Annual Energy Savings Solar capacity installed Timeframe CaliforniaFIRST 1 $46,611 N/A 8 kW 2017 10 $286,273 8,303 kWh; 605 therms 32 kW Aug 2014 through Dec 2017 Regional Energy Efficiency Programs: Below are updates from the four regional programs serving Cupertino residents and businesses with energy efficiency incentives: Program Name and Description Type Number of Projects Energy Savings Timeframe Bay Area Regional Energy Network (BayREN) Home Upgrade Program: Basic upgrades. Provides incentives up to $3,000. Single family Residential 63 projects completed, $98,950 in incentives 264,639 kWh; 15,887 therms Combined energy savings for single family and multi-family October 2013 to December 2017 BayREN Multifamily Building Enhancement Program: Comprehensive retrofit upgrades and to save 10% or more of a building’s energy use. Provides $750 per unit in rebates. Multi-family Residential None for 2017 311 units completed in 2014; $233,250 in incentives PG&E Advanced Home Upgrade: Advanced upgrades. Provides incentives up to $5,500 Single family Residential 69 projects completed Data not provided Cumulative to October 2016 Silicon Valley Energy Watch Commercial retrofit programs through a partnership with Ecology Action, a nonprofit organization. Commercial 10 projects completed 156,288 kWh annual savings; 12.20 kW total demand savings Calendar year 2015 to 2016 32 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 12 MEASURE C-E-3 | Home and Commercial Building Retrofit Outreach Goal Develop aggressive outreach program to drive voluntary participation in energy- and water-efficiency retrofits. Co-Benefits Progress Indicators Supporting Measure - progress indicators and goals not provided Status Action In Progress A. Partner with Housing Division to design a low- to moderate-income targeted energy and water conservation pilot program In Progress B. Partner with local Realtor community to develop and implement a building owner outreach campaign that targets new building owners to provide information on available building energy efficiency audit and retrofit programs, as well as locally-available financing options (including PACE financing) Implementation Update: Community Based Social Marketing (CBSM) pilot: In 2017, the City engaged a consultant to implement a CBSM pilot project with the goal of designing a behavior change program to engage residents in energy and / or water savings. The project has completed the initial research phase and established a list of behaviors and sustainability messaging to test through the CBSM pilot phase. The pilot is scheduled to be completed in the summer of 2018. LEED Projects in Cupertino: Leadership in Energy and Environmental Design (LEED) is a third-party certification program of high performance green buildings and a threshold set through the City’s Green Building Ordinance for numerous project types. The City tracks LEED buildings constructed and operating within Cupertino via the U.S. Green Building Council’s website. Current LEED Project counts: Platinum Gold Silver Certified Homes 1 Commercial Interiors 1 Core and Shell 1 Commercial Interiors 2 New Construction 2 Core and Shell 1 New Construction 2 New Construction 3 Total:3 Total:2 Total:3 Total:5 In Progress Grand Total: Commercial Interiors 2 Mid-rise 1 25 Total LEED Projects Core and Shell 1 New Construction 2 Existing Buildings 3 Retail - New Construction 1 Homes 2 Total:12 33 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 13 The City’s GreenBiz Program shepherds Cupertino small to mid-sized businesses through the statewide California Green Business Program. As the chart below reflects, since 2010 GreenBiz has helped 59 businesses achieve Green Business certification saving over 5,000 metric tons of carbon dioxide cumulatively. Please note that some of the kWh energy savings reported in the chart below might also be reported in Measure C-E-2 under the Silicon Valley Energy Watch incentive program, as some of the green businesses utilize these incentives. California Green Business Program Metrics for Cupertino 2010 2011 2012 2013 2014 2015 2016 2017 Total Savings to Date # new businesses certified 9 5 13 4 3 5 19 1 -- GHG Emissions Saved (MT CO2) 70 88 602 504 592 626 689 2,720 5,892 MT/CO2 Energy Saved (kWh) 149,758 177,605 518,850 563,272 581,183 678,129 743,515 281,142 3,693,454 kWh Water Saved (gallons) 567,133 815,564 1,544,086 1,691,466 1,716,193 1,871,258 2,000,400 433,821 10,639,921 gallons Solid Waste Diverted from Landfill (lbs.) 928 2,165 618,102 3,368,120 3,411,388 3,412,625 3,518,048 5,226,205 19,557,581 lbs MEASURE C-E-4 | Energy Assurance & Resiliency Plan Goal: Develop a long-term community-wide energy conservation plan that considers future opportunities to influence building energy efficiency through additional or enhanced building regulations. This is a long-term measure with implementation to occur by 2035 or beyond. As the City is working to prioritize near-term (2020) goals in this early stage of implementation, there is no progress to report. 34 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 14 MEASURE C-E-5 | Community Wide Solar Photovoltaic Development Goal Encourage voluntary community-wide solar photovoltaic development through regulatory barrier reduction and public outreach campaigns. Co-Benefits Tracking Mechanism Track community-wide installed PV capacity and electricity generation potential. Progress Indicators •1.5 MW of new solar PV capacity installed community-wide (residential and nonresidential combined) •Apple Campus 2 solar PV systems installed to generate 15 million kWh/yr. Status Action Ongoing D. Provide general information on City website describing various solar PV financing / installation options Complete F. Work with PG&E to share information about PG&E’s Community Solar program In Progress L. Instruct building and plan check officials to provide information to customers on the benefits of pre-wiring / pre-plumbing for solar applications at the time of new construction or substantial retrofits, including lower up-front costs as compared to retrofitting buildings in the future Implementation Update: GreenPrime 100% Renewable Electricity Option: In July 2017, Silicon Valley Clean Energy (SVCE) became the default electricity provider for all Cupertino residents and businesses. SVCE provides the option to upgrade to its GreenPrime service for a small fee. GreenPrime is similar to PG&E’s Community Solar Choice program, in that it provides electricity from 100% renewable energy, including solar power, from the grid. Removing regulatory barriers to solar PV development: The City received a gold-level designation from SolSmart, a program funded by the U.S. Department of Energy SunShot Initiative. As a SolSmart gold designee, the City received national recognition for adopting programs and practices that make it faster, easier, and cheaper for residents and businesses to go solar: •Cupertino has streamlined its permitting process for small solar power systems; •Matched its permit fees to reflect national best practices ($400 or less for residential permits); •Coordinated with regional organizations and local governments to engage utilities, communicating community goals for solar, net metering and interconnection processes; and •Installed solar power systems at the City’s Service Center and Environmental Education Center. Education and outreach: The City provides information its website on PACE financing for solar panels and 35 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 15 SVCE’s Net Energy Metering program for solar customers. In the summer of 2017, the City signed on as an outreach partner to promote Bay Area SunShares, a group-purchasing program for solar panels and electric vehicles administered by the Business Council on Climate Change. Staff promoted SunShares via the City website, flier distribution at community centers and events, and a special presentation for City employees. New Community Solar PV Capacity In 2017 there were 158 solar PV permits finalized to install an estimated 1.03 megawatts (MW) of solar capacity. Since the beginning of 2015, there has been an estimated 2.7 MW of solar capacity installed in Cupertino. Below is a snapshot of progress toward the CAP goal for new PV capacity. The data below does not include the solar project at the Apple Campus 2. As the chart shows, Cupertino is exceeding its 2020 solar installation goal for the community: Solar PV installations have steadily increased in the community since 2010, as reflected in the chart below: Apple Campus 2 Solar PV Update: The solar PV system at Apple Campus 2 became operational this year; it is estimated to produce 26.7 million kWh per year of electricity. This amount will vary year to year. Community Solar PV Capacity Installed Compared to 2020 Goal 3 2.5 2 1.5 1 0.5 0MW 2020 Goal 2015 2016 2017 2011 2012 20172016201520142013 200 0 50 100 150 Solar Permits Closed / Finalized 2010Number of Permits36 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 16 MEASURE C-E-6 | Community-Wide Solar Hot Water Development Goal Encourage communitywide solar hot water development through regulatory barrier reduction and public outreach campaigns. This is a long-term measure with implementation to occur by 2035 or beyond. As the City is working to prioritize near- term (2020) goals in this early stage of implementation, there is no progress to report. MEASURE C-E-7 | Community Choice Energy Option Goal Partner with other Santa Clara County jurisdictions to evaluate the development of a regional CCE option, including identification of the geographic scope, potential costs to participating jurisdictions and residents, and potential liabilities. Co-Benefits Tracking Mechanism Track community participation in clean-electricity purchasing programs. - Supporting Measure. Progress Indicators The CAP did not identify progress indicators because this is a long term measure. Staff will be tracking impact of SVCE on Cupertino emissions and its electricity profile. Status Action Complete A. Work with other Santa Clara County partners to conduct feasibility study of developing multi-jurisdiction CCE program. Complete B. If study determines CCE to be feasible and advantageous to Cupertino residents and businesses, work with Santa Clara County partners to prepare necessary additional study reports, informational materials, and any other supporting research and/or documents to help pursue development of CCA program. Implementation Update: Silicon Valley Clean Energy (SVCE) officially launched on April 3, 2017 and completed enrollment of customers as of January 2018. Cupertino residents and business customers are enrolled in SVCE’s carbon free electricity services at lower rates than PG&E’s service. The opt-out rate for SVCE is now 3% over the entire SVCE service territory. SVCE offers two services: •GreenStart is the default option: carbon-free, 50% renewable sources (i.e. solar and wind) and 50% large hydropower. •GreenPrime offers 100% renewable energy for a premium. As the electricity sector makes up 19% of Cupertino’s greenhouse gas emissions, the transition to carbon-free electricity will have a significant impact on our community carbon footprint, which will be reflected in future greenhouse gas inventories. 37 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 17 Reduce Energy Use Community-wide MEASURE C-T-1 | Bicycle & Pedestrian Environment Enhancements Goal Continue to encourage multi-modal transportation, including walking and biking, through safety and comfort enhancements in the bicycle and pedestrian environment. Co-Benefits Progress Indicators Supporting Measure - progress indicators and goals not provided Status Action Complete A. Update City's Bicycle and Pedestrian Transportation Plans to reflect current bicycle and pedestrian safety and access needs; prioritize new projects identified Ongoing B. Partner with local bicycle advocacy groups / clubs and neighborhood groups to identify dangerous bicycle or pedestrian conditions, and develop strategies to address problem areas Ongoing C. Identify grant-funds to pursue Plan-recommended education, design, and/or construction projects Implementation Update: Transportation Division staff has been busy working towards implementing the projects recommended in the 2016 Bicycle Transportation Plan, for which the City Council has dedicated over $7 million in funding for the 2017/18 fiscal year. The most significant of these projects include a network of separated (Class IV) bicycle lanes along McClellan Road and Stevens Creek Blvd, Class III bike boulevards along selected local streets, and off-street bike/ped trails along the UPRR, I-280, and Regnart Creek corridors. McClellan Road and Stevens Creek Blvd Separated Bike Lanes: Staff is currently in the process of preparing construction plans for the McClellan Road separated bike lanes, which has been divided into three construction phases to streamline implementation: Phase 1 - Imperial Ave to Stelling Road; Phase 2 - Stelling Road to Torre Ave; and Phase 3 - Byrne Ave to Imperial Road. Staff anticipates construction beginning on the Phase 1 portion in late summer 2018, to be completed by the end of 2018. Design for the Phase 2 and 3 segments will happen concurrently with construction of the Phase 1 segment. Staff is targeting construction on all three segments to be completed by the end of 2019, subject to the resolution of right-of-way constraints along the Phase 2 and 3 segments. A $1.8 million contribution from Apple has enabled design to begin on the segment of Stevens Creek Blvd between Wolfe Road and Tantau Avenue. Construction is expected to begin in late 2018. Staff is currently seeking grant funding for the remaining segments, including Senate Bill 1, County Measure B, and the Road to Zero program sources. 38 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 18 Bicycle Boulevards: Transportation Division staff is conducting a series of neighborhood public workshops throughout the city to introduce the bike boulevard project and to solicit feedback on proposed street improvements. Consensus on these improvements has been reached with the residents within several of the neighborhoods, and staff anticipates beginning construction within these neighborhoods in late summer 2018. Outreach within the remaining neighborhoods will continue through summer. Trail Feasibility Studies: The Junipero Serra Trail is one of the trail segments that comprise “The Loop”. It will provide an off-street bicycle and pedestrian facility that runs parallel to the existing Junipero Serra Channel (south of Interstate 280) and Calabazas Creek and provide a direct connection between the Don Burnett Bicycle-Pedestrian Bridge and Vallco Parkway. The Regnart Creek Trail is another of the trail segments that would make up “The Loop”. It will provide an off-street bicycle and pedestrian facility that runs parallel to the existing Regnart Creek and provide a connection between Pacifica Drive and the existing Creekside Trail at E. Estates Drive. Finally, the Historic De Anza Trail, also part of the “The Loop”, will parallel the Union Pacific Railroad tracks from Saratoga-Sunnyvale Road in the south, to the Hammon-Snyder House by Rancho San Antonio Park in the north. Several public meetings have been held for the Junipero Serra and Regnart Creek Trails; feasibility studies for these projects will be presented to the City Council later in 2018. The Historic De Anza Trail study has just been initiated, with outreach to begin summer 2018. Bicycle Wayfinding Program: A Bicycle Wayfinding Sign Plan for the entire city has been completed. Cost estimates are currently being developed for fabrication and installation of the signs. Staff anticipates requesting funding for this effort once cost estimates have been developed. Pedestrian Transportation Plan: City Council adopted the 2017 Pedestrian Transportation Plan in February 2017. Projects contained with this plan are intended to enhance the walking environment throughout Cupertino through physical improvements which enhance safety and provide connectivity. Staff will be developing a strategy for implementing projects within the current year. Kidpool Pilot program: In October 2017, City Council approved the Kidpool Pilot Program in partnership with Fremont Union High School District and Pogo, Inc. to provide parents with a mobile platform to create and manage walk, bike, or car “kidpools” for school pick up and drop off as well as afterschool activities. The goal is to make it easy for busy parents to organize alternative transportation options for their children. An effective parent carpool program has the potential to reduce traffic congestion around schools during peak hours and thus reduce greenhouse gas emissions. The Fremont Union High School District (FUSD) agreed to pilot the project at Cupertino High School and is slated to run through the end of the school year. Staff has developed an evaluation plan that defines and tracks key metrics to evaluate if the pilot program was successful, such as measuring activity (groups formed, rides initiated, connections made) and number of carpools through manual car counts. Car counts were conducted at Cupertino High in fall 2017 to provide baseline data prior to the application soft launch in December. Staff will present the data after the pilot period and make a recommendation to City Council for next steps. 39 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 19 MEASURE C-T-2 | Bikeshare Program Goal Explore feasibility of developing local bikeshare program. Co-Benefits Progress Indicators Supporting Measure - progress indicators and goals not provided. Status Action Ongoing A. Continue to operate municipal bike fleet for City employee use and encouragement of bike fleets at large employers. Implementation Update: The municipal Bike Fleet underwent a relaunch in 2017, described under measure M-VF-1. Bike Fleet ridership has increased and staff have plans to expand the fleet to include electric bikes (e-bikes) and additional bike storage for fleet bikes and employee bike commuters at multiple City facilities. As a part of the GreenBiz program, employers are encouraged to offer bikes for employee use. Outreach to employers will continue through GreenBiz with the possible addition of periodic commuter benefits compliance evaluations through the Bay Area Air Quality Management District (BAAQMD) program. Staff continues to monitor regional discussions and planning efforts for Bay Area bike share and exploring ways to bring the service to the city as part of a long-term integrated transportation strategy. MEASURE C-T-3 | Transportation Demand Management Goal Provide informational resources to local businesses subject to SB 1339 transportation demand management program requirements and encourage additional voluntary participation in the program. Co-Benefits Tracking Mechanism Identify vehicle miles traveled (VMT) reductions associated with transportation demand management (TDM) programs offered throughout the community Progress Indicators 10% of total employees in 2020 participate in TDM program that offers rideshare promotion, telecommuting/ alternative schedules, and subsidized transit fares. Status Action Ongoing A. Support regional efforts to implement SB 1339 commute benefit requirements for employers with more than 50 employees 40 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 20 Implementation Update: In order to be fully compliant with SB 1339, employers must complete an initial registration and an annual update with BAAQMD. According to the BAAQMD’s records as of February 2018, of the 162 employers subject to SB 1339, 65% were partially or fully compliant, while 35% were not compliant; see the chart below for details. Employer Status Total Number Percent of Total FULLY Compliant (Conducted INITIAL AND ANNUAL Update) 67 41% PARTIALLY Compliant (INITIAL Completed without annual Update) 39 24% NOT Compliant (Neither INITIAL nor ANNUAL)56 35% TOTAL 162 Staff will work with the BAAQMD to monitor Cupertino’s compliance rate and support businesses in promot- ing commuter benefits programs and active mobility opportunities with area employers through GreenBiz. MEASURE C-T-4 | Transit Route Expansion Goal Explore options to develop local community shuttle or community-wide car sharing to fill gaps in existing transit network. Co-Benefits Progress Indicators Supporting Measure - progress indicators and goals not provided. Implementation Update: This is a long-term measure, in which the CAP identifies implementation to happen after 2020. If it becomes feasible to start this measure sooner, progress will be reported to Council. Current members of Cupertino’s City Council are taking leadership to evaluate alternative transportation opportunities for our community to shift current modes away from prioritizing single occupancy vehicles to those that optimize mass transit. MEASURE C-T-5 | Transit Priority Goal Improve transit service reliability and speed. Co-Benefits Progress Indicators Supporting Measure - progress indicators and goals not provided. Status Action Ongoing A. Work with VTA to identify local roadways on which traffic congestion frequently leads to impacted transit reliability or timing 41 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 21 Implementation Update: Transit priority functionality was activated on VTA Limited 323 buses on January 25, 2016. These buses trigger transit signal priority along the San Carlos Street-Stevens Creek Boulevard corridor between Delmas Avenue in San Jose and Stelling Road in Cupertino. The Public Works Transportation Division continues to work with VTA to monitor the effectiveness of transit signal priority. MEASURE C-T-6 | Transit-Oriented Development Goal Continue to encourage development that takes advantage of its location near local transit options (e.g., major bus stops) through higher densities and intensities to increase ridership potential. Co-Benefits Progress Indicators Supporting Measure - progress indicators and goals not provided. Status Action Ongoing C. Continue to consider off-street parking requirements for transit- oriented and mixed use developments, for developments providing shared parking, and for developments that incorporate travel demand management measures Implementation Update: This is an ongoing action item that will be evaluated with each individual project on a case-by-case basis. Cupertino’s Complete Streets Policy and various elements of its recently adopted General Plan work to embed this approach into all future development projects. The City adopted its 2014-2022 Housing Element in May 2015 to accommodate its Regional Housing Needs Allocation (RHNA). Of the five sites identified as Priority Housing Sites, three (Marina Plaza, Barry Swenson and Vallco Shopping District) are located within a ¼ mile walking distance of the VTA Priority Development Area (PDA) located within the city along Stevens Creek Boulevard and N. De Anza Boulevard. Vallco Shopping District would be a Priority Housing Site upon adoption of a Specific Plan for that Special Area. In 2016, the City reviewed and approved two of the five priority housing sites: Marina Plaza and Hamptons. Through development agreements, both proposals included public benefits for transit and incentives to promote use of transit alternatives. Marina Plaza requested a density bonus and a lower number of parking spaces than required by the Parking Ordinance. The project’s five-year development agreement included funding toward a Transportation Management Association for a citywide shuttle should a stop be located within 400 feet of the property and a bus shelter/benches within the project vicinity. The Hamptons’ site plan and development agreement included private funding for a transportation coordinator, on-demand/rideshare facilitation with designated stop areas, walking and biking routes, formal safe route connection to Apple Park, bicycle hub open to the public, and unbundled parking. The developer requested a lower number of parking spaces than that mandated by the Parking Ordinance. Upon review of an independent parking study, the City approved the reduced parking request. The Development Agreement has a five-year term. 42 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 22 MEASURE C-T-7 | Community-Wide Alternative Fuel Vehicles Goal Encourage community-wide use of alternative fuel vehicles through expansion of alternative vehicle refueling infrastructure. Co-Benefits Tracking Mechanism Track community-wide shift towards alternative fuel vehicles Progress Indicators Shift vehicle fuel use from gasoline and diesel to electricity and other clean fuels. Community-wide motor vehicle profile shifts as follows: •5% of gasoline passenger vehicles shift to plug-in hybrid electric (PHEV); •5% of diesel passenger vehicles shift to PHEV; •5% of gasoline light-duty trucks shift to PHEV; •3% of gasoline heavy-duty trucks shift to CNG; •3% of diesel heavy-duty trucks shift to CNG; •40% of diesel buses shift to CNG, 20% shift to PHEV Status Action In Progress B. Develop Alternative Fuel Infrastructure Siting Plan focused on strategic development of EV charging stations and municipal CNG fueling stations based upon demand analyses and feasibility studies; EV station siting plans will identify appropriate locations for Level 1 (slow charge), Level 2 (fast charge), and Level 3 and DC (rapid charge) charging stations in community and will analyze different models for charging station ownership/management (i.e., public vs. private sector). Ongoing C. Work with MTC and Bay Area local governments to develop informational brochures and technical support for developers / contractors interested in providing public electric vehicle (EV) charging ports in new projects. Ongoing D. Identify regional partners for collaboration on multi-family EV charging station retrofit program to develop strategies for installing EV chargers in existing multi-family buildings/ apartment developments. Ongoing E. Continue to enforce pre-wiring for at-home/business electric vehicle charging ports in new construction per City’s existing ordinance and evaluate additional building code and zoning code revisions recommended through SGC Grant Ongoing F. Pursue local incentives, partnerships, and funding mechanisms guided by SGC Grant; Provide links on City's website to sources of cash rebates or other financial incentives for purchase and/or lease of alternative fuel vehicles Ongoing G. Continue to provide links to maps identifying EV charging stations and alt fuel stations. 43 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 23 Implementation Update: EV ownership: Last year, staff obtained registration information on electric vehicle (EV) ownership for Cupertino through the Driving to Net Zero (DNZ) project, which came directly from DMV. The DNZ project ended, and we do not have access to the same level of data for 2017. Staff is currently seeking alternate means of obtaining this data for future reports through contacts at the Governor’s Office of Planning & Research. Below are the number and type of EVs and hybrid vehicles registered in Cupertino as of March 2016: Type of Vehicle Number of vehicles Percent of total vehicles* registered in Cupertino Hybrid 3,309 7.5% Battery electric vehicle (BEV)1,029 2.3% Plug-in hybrid electric vehicle (PHEV) 437 1.0% Total hybrids and EVs:4,775 10.8% *Total vehicles registered in Cupertino: 44,127 EV charging stations: According to the City’s GIS permit database, there were 43 EV charging station permits finalized in 2017 in Cupertino: 1 commercial, 2 multi-family, and 40 single-family. The number does not include Level 1 charging, which does not require a charger to be installed and therefore does not require a permit. Outreach: Through an e-newsletter to Cupertino area businesses, staff promoted funding opportunities to install EV charging offered through the Air District and PG&E. Information was provided in the fall and spring editions of this newsletter. Driving to Net Zero: In 2015, the City partnered with the County of Santa Clara and other regional cities to prepare a Strategic Growth Council grant to enable six participating agencies to launch an innovative regional alternative fuel vehicle planning effort titled “Driving to Net Zero: Decarbonizing Transportation in Silicon Valley.” The grant was awarded and Cupertino is serving on the advisory team to oversee its implementation. The initiative includes zero emissions vehicle and infrastructure planning, siting, data forecasting, training, and a policy and program platform that will inform future agency decision-making across a variety of sectors. 44 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 24 Conserve Potable Water MEASURE C-W-1 | SB-X7-7 Goal Implement water conservation policies contained within Cupertino's Urban Water Management Plan to achieve 20 percent per capita water reductions by 2020. Co-Benefits Tracking Mechanism Track per capita water use compared to 2010 baseline levels. Progress Indicators Reduce water use 20% less per capita than 2010 baseline usage. Status Action In Progress B. Work with local water providers to identify opportunities for water use data tracking and reporting at community-wide level; if successful, share this information through CAP’s annual progress reporting procedures, aligned with required General Plan implementation annual reports Ongoing C. Partner with community/neighborhood groups to promote existing water conservation programs and participation in voluntary turf-removal programs. Implementation Update: The city’s water service providers, California Water Service and San Jose Water Company, provided water usage data from 2013 – 2017. Since 2013, community water usage has decreased by 25%: Total Community Water Usage 20172016201520142013 4,500,000 1,000,000 3,500,000 2,000,000 2,500,000 3,000,000 1,500,000 4,000,000 500,000Usage (Ccf)- 45 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 25 Cupertino is meeting its goal for water usage; compared to the 2010 baseline, per capita water usage has decreased 25%4. Education & Training: Since 2015, the City has maintained drought information webpages and flyers to provide updates to the community. In 2017, the City hosted three Graywater Laundry to Landscape Seminars to explain how water from residential washing machines can be used to water their yards, with roughly sixty participants total. Financial Incentives: The City partners with Santa Clara Valley Water District (SCVWD) to encourage participation in the Graywater Laundry to Landscape Rebate Program and Landscape Rebate Program. The SCVWD offers a $200 rebate for installing approved graywater systems. In 2017, Cupertino added a match of $200 for Cupertino residents to the rebate. There have not been any participants yet; however, staff continues to promote the program and track participation. The SCVWD offers $1 per square foot of landscape that is converted to be drought tolerant through the Landscape Rebate Program. Starting in 2015, Cupertino offered an additional $1 to the rebate for Cupertino residents and businesses. As the charts below show, participation in the SCVWD program increased significantly in 2015 when Cupertino added $1 per square foot to the rebate. However, the program saw a decrease in participation in 2017, likely due to the drought ending and a reduction in the SCVWD rebate amount from $2/sq. ft. to $1/sq. ft. Cupertino Participation in SCVWD Landscape Rebate Program Year # Rebates Sq. Feet Converted Est. Annual Savings (gallons)* 2010-2012 5 7,196 143,920 2013 8 9,933 198,660 2014 16 15,585 311,700 2015 106 138,121 2,762,420 2016 114 180,400 3,608,000 2017 37 49,525 990,500 * Experts estimate that 20 gallons per square foot of lawn converted is saved annually. 4. Baseline 2010 estimate of 74 ccf/person water usage taken from the Climate Action Plan. Estimated per capita water usage was 55 ccf/person in 2017. Used 2016 population estimate from U.S. Census, as 2017 was not available. Estimated Annual Water Savings from Landscape Rebate Program 4,000,000 1,000,000 3,000,000 2,000,000 2,500,000 1,500,000 3,500,000 500,000 - 20162015201420132010 - 2012 2017Gallons 46 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 26 Water Efficient Landscape Ordinance (WELO) Update: WELO is triggered for projects with landscaped areas of 500 sq. ft. or more that require a permit, plan check, or design review. Since WELO went into effect in 2016, a total of 49 projects covering an estimated 449,606 square feet of landscape area have been subject to the ordinance. MEASURE C-W-2 | Recycled Water Irrigation Program Goal Recycled Water Irrigation Program Explore opportunities to use recycled water for irrigation purposes to reduce potable water demands. Co-Benefits Progress Indicators Supporting Measure - progress indicators and goals not provided. Status Action Ongoing B. Continue to monitor regional discussions regarding expansion of existing recycled water systems in neighboring jurisdictions Complete C. Identify City-owned site to install educational demonstration project that showcases water-efficient landscaping strategies, alternative irrigation options, and/or low-impact landscape design techniques Implementation Update: Recycled Water Systems: Apple Campus 2 is the first property in the city using recycled water for irrigation. Apple is using the recycled water for cooling towers, toilet flushing, and turf lawn irrigation needs and represents approximately 70% of Apple Park’s total water needs. The system will avoid the use of over 30 million gallons of fresh water annually. The Hamptons, located near Apple Campus 2, has committed to extending the recycled water main further south to serve their property. This project is currently on hold, so the schedule for this extension is currently unknown. The Vallco project had proposed to extend the recycled water main even further south to Wolfe Rd and Vallco Parkway (possibly to Stevens Creek Blvd) and to utilize recycled water for irrigation of the green roof. Some form of project decision is anticipated in the fall of 2018. No anticipated schedule for construction completion has been provided to date. No other projects or plans for extension or use of recycled water have been proposed for permitting at this time, but staff continues to monitor regional discussions regarding expansion of existing recycled water systems in neighboring jurisdictions and within Cupertino. Educational Demonstration Project: In 2017, the City completed the Civic Center Demonstration Garden project next to City Hall, described in detail under Measure M-F-7. 47 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 27 Reduce Solid Waste MEASURE C-SW-1 | Zero Waste Goal Goal Maximize solid waste diversion community-wide through preparation of a zero waste strategic plan. Co-Benefits Progress Indicators Supporting Measure - progress indicators and goals not provided. Status Action Ongoing A. Continue to implement City’s goal to divert 75% of community-wide solid waste through franchise waste hauling contract Implementation Update: The City of Cupertino reports waste tonnage and diversion to CalRecycle each year. For each jurisdiction, CalRecycle calculates a disposal rate and diversion rate for population and for employment. In 2016, Cupertino’s population was 58,815 and the number of people employed was 49,392. Below are the most recent available figures from CalRecycle for Cupertino. Disposal Rate: The calculated disposal rate is based on how many pounds of solid waste (on average) are sent to the landfill per person per day in the City of Cupertino. In 2016, Cupertino succeeded in falling below the target ceiling disposal rates for both population and employment: Disposal Rates (pounds per person per day) Population Employment Our rate 3.8 4.5 Target rate 4.3 8.1 48 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 28 Diversion Rate: The diversion rate takes into account tonnage sent to the landfill and source reduction from efforts such as our citywide garage sale, citywide collection of organics for composting, the City’s door-to-door residential hazardous waste collection program, and quarterly communitywide recycling events at De Anza College. In 2016, the diversion rate for population was 56% and for employment, 72%. MEASURE C-SW-2 | Food Scrap and Compostable Paper Diversion Goal Continue to promote the collection of food scraps and compostable paper through the City's organics collection program. Co-Benefits Tracking Mechanism Track the percentage of compostable food and paper that are diverted from the solid waste stream. Progress Indicators •Households divert 40% of food scraps and compostable paper; •10% of businesses divert 20% of food scraps and compostable paper; •Households and businesses divert 85% of yard waste Status Action Ongoing A. Continue to implement the City's organics collection program outreach campaign, including outreach to Cupertino’s business community regarding upcoming commercial food waste ordinance Implementation Update: Mandatory Commercial Organics Ordinance: In 2017, 25 new businesses and multifamily accounts subscribed to organics collection, bringing the total to 144 businesses. In July 2018, all multi-family properties and Goal: 75% Community-wide Solid Waste Diversion Rates Per Year Compared to Goal 201620132015201420122011 0% 10% 20% 30% 50% 40% 60% 70% 80% Population Employment 49 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 29 commercial businesses generating four or more cubic yards of solid waste per week will be required to subscribe to organics recycling services. As the chart below reflects, the percentage of accounts with organics collection service is steadily increasing: Community Outreach: In 2017, Cupertino implemented a multi-family organics recycling pilot at five properties in preparation for the third tier of the organics recycling ordinance effective July 2018. Cupertino staff conducted over eighty site visits in 2017 to aid businesses and multi-family properties in implementation of the ordinance and provide free equipment, host events, create customized signage, conduct door-to-door outreach, or provide employee technical assistance regarding kitchen set-up for separating organic waste. In 2017, Cupertino staff and Sustainability Commissioners met with Cupertino Union School District and Fremont Union High School District staff to discuss waste programs and helped set up waste audits for Kennedy Middle School. In 2018, a pilot composting program is set to launch at Kennedy. Regional Partnerships: In 2017, Santa Clara County began a countywide partnership with ReThink Disposable to implement new source reduction strategies and policies. ReThink Disposable will continue to work directly with food service businesses in Cupertino to reduce disposable packaging and save businesses money in the process. 20152014201320122011 2016 0% 5% 10% 15% 20% 25% 30% 2017 Percentage of Commercial and Multifamily Accounts with Organics Collection Service 50 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 30 MEASURE C-SW-3 | Construction & Demolition Waste Diversion Program Goal Continue to enforce diversion requirements in City's Construction & Demolition Debris Diversion and Green Building Ordinances. Co-Benefits Tracking Mechanism Track the percentage of construction and demolition waste that is diverted from the solid waste stream. Progress Indicators 60% of construction and demolition waste diverted, per City’s ordinance – approximately 2,600 tons/yr. Status Action Ongoing A. Continue to implement City's 60% C&D diversion requirement for applicable projects as defined in City's Construction and Demolition Debris Diversion Ordinance Implementation Update: Below are the community diversion rates for roll-off collection of construction and demolition (C&D) materials. The data below excludes self-hauled C&D material. As the chart reflects, Cupertino had a diversion rate of 55% and did not meet its goal of 60% C&D diversion in 2017. This is likely due to the timing of two very large development projects approaching completion in 2017. Very high recycling rates often occur at the beginning and throughout a project while more material that must be landfilled is collected at the end of a project. Two very large projects in Cupertino were winding down in 2017, generating less recyclable material than they had during earlier phases of construction. In July 5, 2017, Cupertino City Council enacted the C&D ordinance, pursuant to California Green Building Standards Code, to require a minimum of 65% of waste material generated from all projects within the City’s jurisdiction to be diverted from the landfill. This ordinance went into effect on August 4, 2017. Goal: 60% Community Construction & Demolition Diversion Rate Per Year Compared to Goal 2016201320152014 2017 0% 10% 20% 30% 50% 40% 60% 70% 80% 90% 51 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 31 Expand Green Infrastructure MEASURE C-G-1 | Urban Forest Program Goal Support development and maintenance of a healthy, vibrant urban forest through outreach, incentives, and strategic leadership. Co-Benefits Tracking Mechanism Track the number of new trees planted community-wide Progress Indicators 2,500 net new trees planted in the city from 2015 onward. *Assumes 2,400 from Apple 2 Campus, and 100 from other community plantings. Status Action Ongoing A. Continue implementing landscaping requirements in City's Development Standards, Design Guidelines, and other regulatory documents. Implementation Update: Below are the net new trees planted in the city per year (not including the Apple 2 Campus): Year Net New Trees Planted 2010 96 2011 40 2012 147 2013 470 2014 410 2015 100 2016 169 2017 203 52 CITY OF CUPERTINO | JULY 2018 2017 CLIMATE ACTION PLAN PROGRESS REPORT COMMUNITY MEASURES 32 A total of 3,994 new net trees were to be planted at the Apple 2 Campus. As the chart below shows, we are exceeding our 2020 target for new net trees with the addition of these trees currently underway at the Apple 2 Campus. New Net Trees Community-wide Compared to 2020 Goal 4500 4000 3500 3000 2500 2000 1500 1000 500 0 Apple Campus (in progress)2017 2016 2015 Goal 53 2017 CLIMATE ACTION PLAN PROGRESS REPORT MUNICIPAL MEASURES CITY OF CUPERTINO | JULY 2018 33 MUNICIPAL MEASURES Detailed below are each of the CAP near-term municipal measures and status updates, organized according to the reduction strategy categories. Improve Facilities MEASURE M-F-1 | Sustainable Energy Portfolio Goal Procure low-carbon electricity through utility-based programs or participation in a Community Choice Energy District. Co-Benefits Tracking Mechanism Track portion of municipal electricity that comes from renewable sources. Progress Indicators •100% of municipal electricity use in 2020 comes from 75% renewable (or zero carbon) sources via PG&E Green Option OR •100% of municipal electricity use in 2020 comes from 100% renewable (or zero carbon) sources via Community Choice Energy Program Status Action Complete A. Support utilities enhanced generation portfolio. Complete B. Create Community Choice Energy option. Implementation Update: As reported above in Measure C-E-7, Silicon Valley Clean Energy is now the default electricity provider for Cupertino. The City has opted up all its municipal accounts to SVCE’s GreenPrime service, which is 100% renewable and carbon free. As of January 1, 2018, the City has met its 2020 goal for Measure M-F-1, as all municipal electricity usage now comes from 100% renewable sources. Before joining SVCE, electricity emissions made up nearly half of the total emissions in the city’s municipal greenhouse gas inventory; going 100% renewable for our electricity portfolio has created a dramatic drop in municipal emissions, which will be reflected in future inventory reports. 54 2017 CLIMATE ACTION PLAN PROGRESS REPORT MUNICIPAL MEASURES CITY OF CUPERTINO | JULY 2018 34 MEASURE M-F-2 | Renewable or Low-Carbon Electricity Generation Goal Develop renewable energy facilities at municipal buildings and facilities. Co-Benefits Tracking Mechanism Calculate total electricity generation capacity of municipal solar PV systems. Progress Indicators Assumes five solar sites are developed for total installed capacity of 508 kW generating 818,000 kWh/yr. Assumes no solar thermal systems are pursued prior to 2020. Status Action Ongoing A. Install solar PV installations on City buildings / property Implementation Update: While no new PV systems were installed in 2017, the City is producing renewable energy from existing solar arrays at the Environmental Education Center and the Service Center. Below are the current solar energy generation figures for both sites: Site (Year PV System Installed) Capacity (kW) Percent Progress Toward 2020 Capacity Goal (508 kW installed) Current Annual Generation* (kWh/yr.) Percent Progress Toward 2020 Generation Goal (818,000 kWh/yr.) Service Center (2014) 103.7 150,448 Environmental Education Center (2015) 6.9 9,321 TOTAL ALL SITES:110.6 22%159,769 20% * Service Center: generation over 12 months, Jan-Dec 2017. Env. Education Center: generation over approx. 12 months, Jan. 26 2017 to Jan. 25 2018. 55 2017 CLIMATE ACTION PLAN PROGRESS REPORT MUNICIPAL MEASURES CITY OF CUPERTINO | JULY 2018 35 MEASURE M-F-3 | Renewable or Low-Carbon Electricity Generation Goal Reduce energy consumption in existing municipal buildings through data analysis, interactive management systems, employee education, and building operation and maintenance policies. Co-Benefits Tracking Mechanism Track energy savings from advanced energy analytics program participation. Progress Indicators Assumes 14.5% reduction in 2010 baseline building electricity use (i.e., 410,000 kWh/yr. saved) and 14.3% reduction in 2010 baseline building natural gas use (i.e., 6,900 therms/yr. saved). Status Action In Progress C. Install energy management systems In Progress E. Design / implement facilities & equipment energy management policy Implementation Update: In 2016, staff completed energy audits with Silicon Valley Energy Watch/Ecology Action for Quinlan Community Center, City Hall, the Sports Center, Blackberry Farm, the Senior Center, and the Library. As a direct result of these audits, in 2017 the City began energy efficiency improvements for the pool pumps at Blackberry Farm and LED tennis court upgrades. The City is piloting a Utility Data Management Solution to assist with tracking municipal energy and water usage and cost data. Data and Analytics: Electricity data was provided by PG&E through its Green Communities program5. As the chart below illustrates, we are exceeding our 2020 goal for municipal building electricity reduction. Building electricity usage6 has decreased by 25% comparing 2017 usage to the 2010 baseline. This decrease is in part due to the energy efficiency improvements completed since 2010, as well as the introduction of solar energy production on municipal facilities and other factors. 5. Data for previous CAP Reports was also provided by PG&E, but from different reports. Therefore, there are discrepancies when comparing this report’s data to previous CAP Reports. 6. Building electricity usage includes facilities, irrigation, misc. uses, park lighting, and other lighting not associated with streetlights or traffic lights. Electricity usage for streetlights and traffic lights / controllers are grouped separately as “Public Lighting”. Municipal Electricity Usage: Buildings, irrigation, & other uses 3,000,000 500,000 2,000,000 1,000,000 1,500,000 2,500,000 kWh-2010 20172013 201520142012 20162011 Goal: 14.5% reduction from 2010 baseline 56 2017 CLIMATE ACTION PLAN PROGRESS REPORT MUNICIPAL MEASURES CITY OF CUPERTINO | JULY 2018 36 Municipal aggregate electricity and natural gas usage are detailed below. Electricity usage overall (including public lighting and all municipal electricity accounts) decreased 35% comparing 2017 to the 2010 baseline. Natural gas usage data was provided by PG&E and the Association of Bay Area Governments (ABAG). We continue to exceed our 2020 goal for natural gas reduction; municipal natural gas usage decreased by 20% in 2017 compared to the 2010 baseline. 3,000,000 500,000 - 2,000,000 1,000,000 1,500,000 2,500,000kWh 2010 2017201320152014201220162011 3,500,000 4,000,000 4,500,000 5,000,000 Public Lighting Buildings & Other Municipal Electricity Usage Municipal Natural Gas Usage Compared to Goal 50,000 45,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 40,000 therms- Goal: 14.3% reduction from 2010 baseline 2010 2017201320152014201220162011 57 2017 CLIMATE ACTION PLAN PROGRESS REPORT MUNICIPAL MEASURES CITY OF CUPERTINO | JULY 2018 37 MEASURE M-F-4 | Grow Existing Building Energy Retrofit Efforts Goal Reduce energy consumption in existing municipal buildings through energy efficiency improvements. Co-Benefits Tracking Mechanism Track energy use reductions associated with building retrofits. Progress Indicators Assumes 254,000 kWh/yr. saved as result of interior lighting retrofits and occupancy sensors, and 59,000 kWh/yr. saved as a result of plug load controllers (assumed 200 controllers installed). Status Action Ongoing A. Complete building retrofits Implementation Update: Five lights were upgraded to 500W LED bulbs in the slide pool at Blackberry Farm. No further upgrades were recorded for 2017. Sustainability Reserve Launch: In 2017, Council approved the formation of a Sustainability Reserve funded through rebates from energy and water efficiency improvements. The Reserve will be used as a revolving fund to fund energy efficiency and water efficiency retrofits. The Reserve was initially funded with $75,499 from received rebates. MEASURE M-F-5 | Expand New Building Energy Performance Goal Establish energy efficiency targets for new municipal buildings. This is a long-term measure with implementation to occur by 2035 or beyond. As the City is working to prioritize near-term (2020) goals in this early stage of implementation, there is no progress to report. MEASURE M-F-6 | Complete Citywide Public Realm Lighting Efficiency Goal Upgrade public realm lighting to more efficient technology. Co-Benefits Tracking Mechanism Track electricity savings from street light and park light retrofits. 58 2017 CLIMATE ACTION PLAN PROGRESS REPORT MUNICIPAL MEASURES CITY OF CUPERTINO | JULY 2018 38 Progress Indicators 872,000 kWh/yr. saved through street light retrofit program. 75,000 kWh/yr. saved through park unit parking lot and pathway light retrofit program. Status Action Complete A. Complete street light retrofits Ongoing B. Retrofit remaining parking lot and park facility lighting Implementation Update: Cupertino’s City-owned streetlights have been upgraded to induction lighting and almost all of PG&E-owned streetlights have been upgraded to LED. Twenty-seven lights were upgraded to LED in the Library parking lot in 2017. MEASURE M-F-7 | Conserve Water Through Efficient Landscaping Goal Implement best management practices in landscaping design and share City successes community-wide to lead by example in water conservation action. Co-Benefits Tracking Mechanism Track municipal water use and conservation efforts. Progress Indicators Achieve Bay Area Climate Compact’s goal for 20% water savings by 2018 over 2008 baseline. Assumes 27.5 million gallons of water saved per year over 2008 baseline of 138 million gallons. Status Action On Hold A. Utilize weather-track system to reduce park & median water use Ongoing B. Benchmark & track water use per meter In Progress C. Adopt water budget & green grounds policy Ongoing D. Use bay-friendly landscaping techniques across parks & medians; install demonstration gardens Ongoing E. Install graywater and rainwater catchment systems in new construction and major retrofit projects In Progress F. Recognize staff “water wise” practices Implementation Update: In 2017, the City completed the Civic Center Demonstration Garden project next to City Hall, converting over 19,000 square feet of turf and ivy to a drought tolerant demonstration garden. It is estimated to save about 34 gallons of water per square foot of turf removed. About 11,855 square feet of turf was removed, resulting in an estimated 426,780 gallons of water saved per year from just the turf conversion. Educational and interpretive signage is to be installed on the site. The garden is to be used as a demonstration 59 2017 CLIMATE ACTION PLAN PROGRESS REPORT MUNICIPAL MEASURES CITY OF CUPERTINO | JULY 2018 39 area for residents to learn about drought tolerant landscaping. A complementary webpage will be created on the City’s website, which will show photos, names, and information about the plants. In addition, the median on Stevens Creek Blvd. to Torre Ave. was upgraded to drought tolerant landscaping. Water Usage Data: Cupertino has exceeded its goal for this Measure: in 2017, municipal water usage was 29% lower than the 2008 baseline, as depicted in the chart below. Staff will continue to monitor water use annually and implement water conservation and landscape conversion programs. 160 100 120 140 60 40 20 0 80 Millions of GallonsMunicipal Annual Water Usage by Type Compared to 2008 Baseline Fountains Buildings Median School Fields Golf Course Parks 2010 201320122011 2014 2015 2016 2017 2008 Baseline 60 2017 CLIMATE ACTION PLAN PROGRESS REPORT MUNICIPAL MEASURES CITY OF CUPERTINO | JULY 2018 40 Encourage Alternative Transportation / Convert Vehicle Fleet MEASURE M-VF-1 | Low Emission and Alternative Fuel Vehicles Goal Transition City vehicle fleet to fuel-efficient and alternative-fuel vehicle models. Co-Benefits Tracking Mechanism Track composition of municipal fleet by vehicle type/fuel type. Progress Indicators Achieve Bay Area Climate Compact’s goal for 25% of vehicle fleet to comprise zero-or-low emissions light duty vehicles by 2018. Status Action Ongoing B. Expand City bike fleet, training, and promotion Ongoing C. Promote vehicle alternatives to reduce car-travel to City-sponsored events Implementation Update: The City owns 102 vehicles. City fleet vehicle composition is as follows: All Electric Diesel Gas 2% Plug-In/Hybrid 12%23% 64% Clean Vehicles 14% In 2015, the City introduced two Ford Focus all battery electric vehicles (EVs) to its fleet, which are zero emissions. On a fully charged battery, the EV’s range is about 76 miles. In 2016, the City switched from traditional diesel to Neste NEXBLT 100% renewable diesel to power all of the diesel vehicles in the fleet. Neste renewable diesel is primarily made from waste and residues, such as animal fats from food industry waste and used cooking oil. 61 2017 CLIMATE ACTION PLAN PROGRESS REPORT MUNICIPAL MEASURES CITY OF CUPERTINO | JULY 2018 41 Benefits of renewable diesel include7: •Reduced greenhouse gas emissions: up to 80% reduction over the lifecycle of the fuel compared to conventional fossil diesel fuel •Improved air quality and reduced tailpipe emissions: 33% lower levels of fine particulates compared to sulfur-free diesel •Circular economy: converting industrial and processing waste into fuel The Public Works Department has an internal policy that, at time of vehicle replacement, staff uses a lifecycle cost calculator to estimate the true cost of vehicle ownership to inform procurement decisions. Staff continues to evaluate opportunities to right-size the fleet and procure vehicle types based on departmental and staff requirements which may further reduce pool vehicle size. Municipal Bike Fleet: The municipal Bike Fleet underwent a relaunch in 2017 with an internal outreach campaign to staff, including: promotional emails, incentives for riding, tabling at the employee Wellness Fair, a presentation with Silicon Valley Bike Coalition on “Basics of Bike Commuting,” and redistribution of bikes to include three City facilities. Staff conducted an internal survey of employees and capacity assessment for expansion of the Bike Fleet, and are planning to purchase additional bikes, including e-bikes, for the Fleet in 2018. In December 2017, the League of American Bicyclists recognized the City of Cupertino as a Gold Level Bicycle Friendly Business. Cupertino is one of 1,500 U.S. local businesses, government agencies, and Fortune 500 companies with the distinction of Bicycle Friendly Business (bikeleague.org/business). MEASURE M-VF-2 | Increase Alternative Fuel Infrastructure Goal Increase availability of alternative refueling infrastructure to support municipal fleet transition. Co-Benefits Tracking Mechanism Track installation of alternative vehicle refueling infrastructure as compared to vehicle fleet composition targets. Progress Indicators Assumes 10 dual-port electric vehicle charging stations installed Status Action Ongoing A. Install electric vehicle charging stations Implementation Update: No new charging stations were added in 2017. 7. Source: Neste product description, benefits, and fuel composition from: www.neste.com 62 2017 CLIMATE ACTION PLAN PROGRESS REPORT MUNICIPAL MEASURES CITY OF CUPERTINO | JULY 2018 42 The City owns and maintains six dual port electric charging stations as follows: •1 dual-port station on Rodriguez Ave (available to the public) •2 dual-port stations in Library parking lot (available to the public) •1 dual-port station at Service Center (for municipal employee use) •2 dual-port stations at Quinlan Community Center (available to the public) MEASURE M-VF-3 | Promote Behavior / Fuel Optimization Goal Encourage and promote fuel-efficient driving. Co-Benefits Tracking Mechanism Track fuel savings in vehicles equipped with telematics hardware and/or route optimization practices. Progress Indicators Assumes 10% fuel savings over 2010 baseline for all passenger and light-duty trucks (i.e., 2,100 gallons of gasoline saved per year); assumes full implementation of Measure VF-1, Action A assumptions by 2020. Status Action In Progress C. Expand commuter benefits program This measure is to be implemented in the mid or long-term. Currently the Building department is using route optimization for inspections and the city continues to implement the anti-idling policy within the Vehicle Use Policy. Fuel Usage Metrics: Below are fuel usage metrics for the municipal fleet for 2015 through 2017, compared to the baseline year of 2010: 2010 Baseline 2015 2016 2017 Diesel use, gallons: 9,461 13,698 12,490 12,114 Gasoline use, gallons: 31,563 28,023 27,263 29,564 TOTAL FUEL USE, gallons: 41,024 41,721 39,753 41,678 Employee Commute Survey: As part of the greenhouse gas emissions inventory update process, the Sustainability Division conducted an employee commute survey. Compared to a similar survey conducted in 2010, although the total distance traveled by employees to work increased in 2017, the emissions decreased, 63 87% Drove Alone 9% Carpooled (2 to 6 people) *Vanpool, public transit, shuttle, motorcycle: 0% Employee Commute Breakdown by Travel Mode (2017) 1% Biked 1% Walked 1% Worked from Home 2017 CLIMATE ACTION PLAN PROGRESS REPORT MUNICIPAL MEASURES CITY OF CUPERTINO | JULY 2018 43 as employees are now driving more fuel efficient vehicles. Below are the emissions and distance driven by employees comparing 2010 to 20178: Description 2010 2017 Percent Change All employees total driving commute emissions (MT CO2e) 463 443 -4.4% All employees total driving commute distance (miles/year) 1,244,509 1,272,985 +2.3% As the chart below shows, the vast majority of trips to work – 87% – were employees driving alone. The results of the survey informed the development of a pilot program to encourage carpooling and alternate commute options, scheduled for implementation in 2018. 8. Data taken from “City of Cupertino 2015 Community-wide and Municipal Operations Greenhouse Gas Emissions Inventory Report”, presented to City Council in June 2017. The original chart depicted the 2017 data as 2015, as the survey was used as a proxy for 2015 data. 64 2017 CLIMATE ACTION PLAN PROGRESS REPORT MUNICIPAL MEASURES CITY OF CUPERTINO | JULY 2018 44 Reduce Solid Waste MEASURE M-SW-1 | Waste Reduction Goal Reduce municipal waste through procurement policies, waste diversion goals, and waste stream monitoring and analysis. Co-Benefits Tracking Mechanism Track reductions in municipal solid waste disposal by waste category. Progress Indicators Assumes 80% reduction in organic waste (e.g., food scraps and compostable paper, landscape debris/trimmings, scrap lumber, paper/cardboard) from 2010 baseline; emissions reductions are shown next to actions that address specific organic waste sources (i.e., M-SW-1 B, M-SW-2 A, M-SW-3 A). Assumes 80% diversion of municipal office paper over 2010 baseline levels. Status Action Complete A. Establish stretch waste reduction and diversion goals In Progress B. Create paperless office policy / program Complete C. Revise green procurement & event specifications, pair with implementation handbook Ongoing D. Conduct waste characterization audits and track materials / diversion Implementation Update: Stretch Waste and Diversion Goals: A Zero Waste Policy was adopted by City Council on December 19, 2017. Paperless Office Efforts: In September 2017, the Finance Department began receiving invoices electronically rather than requiring hard copies. This new process is estimated to save over 16,800 pieces of paper per year. Municipal Waste Characterization Audits: City staff completed the first municipal waste audit of City Hall on February 23, 2017. Based on this audit, staff achieved 50% diversion from the landfill. This diversion number does not include any source reduction measures. Findings of the City Hall audit will influence initiatives and practices such as further education of janitorial staff and employees. Staff plans to conduct a more comprehensive waste characterization study by the end of 2019. 65 2017 CLIMATE ACTION PLAN PROGRESS REPORT MUNICIPAL MEASURES CITY OF CUPERTINO | JULY 2018 45 MEASURE M-SW-2 | Food Scrap and Compostable Paper Diversion Goal Continue to divert food scraps and compostable paper from municipal waste stream. Co-Benefits Tracking Mechanism Track diversion of food scrap and compostable paper diversion of municipal waste stream. Progress Indicators Assumes 90% diversion of municipal food waste and plant waste over 2010 baseline levels. Status Action Ongoing A. Expand municipal collection and composting program Implementation Update: No updates for 2017. MEASURE M-SW-3 | Construction and Demolition Waste Diversion Goal Enhance construction and demolition waste diversion rates for municipal projects. Co-Benefits Tracking Mechanism Track diversion of construction and demolition waste for municipal projects. Progress Indicators Assumes City continues to achieve 60% diversion of construction and demolition waste from municipal projects Implementation Update: Cupertino municipal projects strive for a 75% diversion rate. In 2017, a 60% diversion rate was required by all Capital Improvement Project (CIP) contracts. After the 65% requirement went into effect, the CIP contracts began requiring 65% diversion. 66 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4080 Name: Status:Type:Study Session Agenda Ready File created:In control:6/12/2018 City Council On agenda:Final action:7/3/2018 Title:Subject: Study Session promoting school safety and preventing gun violence Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council7/3/2018 1 Subject: Study Session promoting school safety and preventing gun violence Conduct Study Session promoting school safety and preventing gun violence and give direction to staff as necessary CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™67 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4116 Name: Status:Type:Study Session Agenda Ready File created:In control:6/21/2018 City Council On agenda:Final action:7/3/2018 Title:Subject: Study session on proposed restructuring of Cupertino's business license tax Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Resolution B - Draft Ordinance Action ByDate Action ResultVer. City Council7/3/2018 1 Subject: Study session on proposed restructuring of Cupertino's business license tax Provide staff direction on a proposed tax measure to restructure Cupertino’s business license tax. CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™68 OFFICE OF THE CITY MANAGER CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3212 www.cupertino.org TELEPHONE: (408) 777-7603 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: July 3, 2018 Subject Study session on proposed restructuring of Cupertino’s business license tax Recommendation Provide staff direction on a proposed tax measure to restructure Cupertino’s business license tax. Background Staff presented background information on restructuring the City’s business license tax and preliminary polling data at a study session on June 5, 2018. Based on Council direction, a second study session was held on June 19, 2018. Staff presented information and several draft models for restructuring the business license tax, a list of potential projects that could be funded with the additional revenue, feedback from the business community, and information on other key parameters. Council then directed staff to draft a sample resolution calling for a special election in November 2019, along with a sample draft ordinance for a special and general election. Discussion Staff worked with outside counsel to draft a sample resolution calling for a special election in November 2019 (Attachment A), as directed. Per the elections code (section 9222), the Council may call for a special election within 88-103 days. For a November 5, 2019 election date, the Council must call the special election between July 25, 2019 and August 9, 2019. The sample ordinance can be drafted as a special or a general purpose tax. Language for both is included in section 5. However, it is important to note that a general tax measure must generally be placed on a ballot with Council elections. In Cupertino, that means even-year November elections. To place a general tax measure on a special election ballot, Council must first declare a fiscal emergency with a unanimous vote of Council Members present to justify the special election. The Santa Clara County Registrar of Voters estimates the cost of calling a special election would be $1.1 million, significantly higher than the $70,000 estimate for an even-year November election. 69 Additional cost considerations include, polling, consultant services, and legal services estimated at $150,000. If Council wishes to proceed with a November 2019 special election, below is a draft timeline: Activity Timeline Spending plan development July 2018 – December 2018 Modeling January 2019 – February 2019 Business forums and one-on-one engagement March 2019 – April 2019 Community engagement March 2019 – April 2019 Ordinance and ballot language development April 2019 – June 2019 Community poll July 2019 Resolution calling special election and Ordinance for special tax measure July 25, 2019 - August 9, 2019 Election November 5, 2019 Staff recommends that Council consider establishing an ad hoc committee to study the potential revenue measure and spending plan, which would be presented to the full Council for consideration. Sustainability Impact To the extent that revenue measures support transportation infrastructure that reduces single vehicle miles traveled in Cupertino, there would be a reduction in greenhouse gases. Fiscal Impact If approved by voters, an increase in the business license tax could increase revenues by millions of dollars. Prepared by: Jaqui Guzmán, Deputy City Manager Approved for Submission by: David Brandt, City Manager Attachments: A – Draft Resolution B – Draft Ordinance 70 196794.1 RESOLUTION NO. __- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO, CALIFORNIA, CALLING A SPECIAL TAX ELECTION TO BE HELD ON TUESDAY NOVEMBER 5, 2019 WHEREAS, the City of Cupertino was formed in 1955 to provide municipal services to its residents; and WHEREAS, in 1992 the voters of the City approved an annual business license tax for the privilege of conducting business in the City based on square footage of commercial space, which currently generates $800,000 of General Fund revenue annually; and WHEREAS, the residents of Cupertino identified traffic as the biggest problem facing the City in the 2017 Community Survey and, in a subsequent survey, identified transit improvements as their highest funding priority should voters approve a business license tax increase; and WHEREAS, the City Council desires to hold a special election on November 5, 2019 (the “Election”). WHEREAS, the City Council desires to submit to the voters at the Election an ordinance amending the business license tax rates (the “Ordinance”). WHEREAS, the ordinance imposes a special tax (“Tax”), the revenues from which are to be used to fund transportation infrastructure and services. BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CUPERTINO, CALIFORNIA, AS FOLLOWS: SECTION 1. Pursuant to Section 12001 of the California Elections Code, there is hereby called a special election to be held on Tuesday, November 5, 2019 in the City of Cupertino to submit to voters a special business license tax to fund transportation infrastructure and services. SECTION 2. The City Council hereby orders the following question to be submitted to the voters at the special municipal election called for Tuesday, November 5, 2019: Shall the Ordinance ____ to fund transportation infrastructure and services in Cupertino by imposing a yearly business license tax of $150 to $500 plus up to $425 per employee for businesses with more than 99 employees, and lower, flat taxes for specified business, raising about $10,000,000 yearly, effective until the voters amend or appeal it, with all funds staying local and all expenditures subject to an annual audit, be adopted? YES NO 71 Resolution No. _____ Page 2 196794.1 This question requires the approval of two-thirds of those casting votes in the Election and the referenced Ordinance is attached hereto as Exhibit 1 and incorporated in this Resolution by reference. SECTION 3. The City Attorney of the City of Cupertino is hereby authorized and directed to prepare an impartial analysis of the measure pursuant to Elections Code section 9280 by such deadline as the City Clerk may establish. SECTION 4. The City Council hereby declares its intent to consolidate the Election with the Statewide Election to be held on November 5, 2019, and requests that the Santa Clara County Board of Supervisors add this Ordinance to that ballot as set forth herein. The City Council acknowledges that the consolidated election shall be held and conducted in the manner prescribed in Elections Code sections 10400 et seq. SECTION 5. The City Clerk is hereby authorized and directed to use the services of the Santa Clara County Clerk to conduct the Election. The City of Cupertino agrees to reimburse the County of Santa Clara for the City’s share of the County’s costs of the Election. SECTION 6. The City Clerk is hereby authorized and directed to take all steps necessary to place the Measure on the ballot, to cause it to be printed, and to procure and furnish (or cause to be procured or furnished) any and all official ballot notices, printed materials, and all other supplies that may be necessary to prepare for and conduct the Election. A copy of the Ordinance shall be made available to any voter upon request. SECTION 7. The City Clerk is directed to file a certified copy of this resolution with the Board of Supervisors of Santa Clara County and the Registrar of Voters of Santa Clara County immediately upon its adoption (or, no later than 88 days prior to November 5, 2019). SECTION 8. The City Manager is hereby authorized and directed to appropriate the necessary funds to pay for the City of Cupertino’s cost of placing the Measure on the election ballot and to execute any necessary agreements with the County of Santa Clara for that election. SECTION 9. In all particulars not recited in this Resolution, the Election shall be held and conducted as provided by applicable law. SECTION 10. Notice of the time and place of holding the Election is hereby given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 9. Certification. The City Clerk shall certify to the adoption of this resolution and shall preserve it in the records of the District as required by law. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ___ day of ______, 2018, by the following vote: 72 196794.1 Members of the City Council Resolution No. _____ Page 2 Vote AYES: NOTES: ABSENT: ABSTAIN: ATTEST: ______________________ Grace Schmidt, City Clerk APPROVED: ______________________ Darcy Paul, Mayor City of Cupertino 73 1 196788.1 ORDINANCE NO. ________ AN ORDINANCE OF THE PEOPLE OF THE CITY OF CUPERTINO AMENDING CHAPTER 5.04 OF THE CUPERTINO MUNICIPAL CODE REGARDING BUSINESS LICENSE TAXES, FEES, AND CHARGES The People of the City of Cupertino do ordain as follows: SECTION 1. Chapter 5.04 of the Cupertino Municipal Code is hereby amended to read as follows: Chapter 5.04: Business Licenses Generally. Section 5.04.010. Citation of Chapter. The ordinance codified in this chapter may be referred to and cited as the “Business License Tax Ordinance.” Section 5.04.020 Definitions. For purposes of this chapter, unless it is plainly evident from the context that different meaning is intended, the following terms and phrases are defined as follows: “Appeals hearing board” means the City Manager or any person or body he or she appoints to hear one or more appeals under this chapter. “Applicant” means a person applying for a business license. “Business” means any commercial or industrial enterprise, trade, profession, occupation, vocation, calling, or livelihood, but not including the services rendered by an employee for his employer. Independent contractors and the self‐employed are also engaged in a “business.” “Business license” means a form issued by the City to evidence the City’s permission to exercise the privilege of engaging in a particular business, as defined herein, subject to the conditions hereinafter set forth. “Business license application fee” means the fee imposed under this chapter to recover the City’s costs to process an application for a license under this chapter. 74 2 196788.1 “Business license renewal application fee” means the fee imposed under this chapter to recover the City’s costs to processing an application for renewal of a license under this chapter. “Business operator” means a person who maintains, manages, operates, controls, engages in, conducts, carries on and/or owns a business regulated under this chapter. “City” means either the City of Cupertino, a municipal corporation of the State of California, in its present incorporated form or as in any later reorganized, consolidated, enlarged or reincorporated form, or the territory of the City, as the context requires. “CPI Index” means the Consumer Price Index‐All Urban Consumers for All Items for the San Francisco‐Oakland‐Hayward Area or any successor to that index designated by the federal Bureau of Labor Statistics or the City Council. “City Council” means the City Council of the City of Cupertino. “Employee” means any of the following: A. Any person who works for or under the direction of, or on behalf of, or as an agent of, a business operator; or B. Any independent contractor who uses a vehicle to sell or vend any goods, wares, merchandise, products, or any other thing or representation of value furnished or supplied either by or on behalf of a peddler business. “Finance Director” means the Finance Director or his or her designee. “Fixed place of business” means the premises occupied for the particular purpose of conducting business, and regularly kept open for such purpose. Such term shall also include a telephone answering service; provided, that the applicant has a contract or agreement for services for six months or more. Applicants with such agreement or contract shall pay tax and be licensed as are applicants having a fixed place of business. “Licensee” means a person granted a license under this Chapter and in whose name the business license is issued. “Manager” means any person who is in charge of the operation of a business as agent of the business operator. 75 3 196788.1 “Owner” means every person having more than a 10 percent interest — legal, equitable, or otherwise — in any business. “Stockholder” means any person who owns more than 10 percent of the stock in a corporation which owns a business. Section 5.04.030 Common Meanings of Terms. The various businesses, trades, professions, industries, occupations, callings and activities herein provided to be licensed shall be defined in accordance with the meanings and connotations generally given them by those engaged in such activities and as recognized generally by the public. Section 5.04.040 Application Procedures. A. All licenses required by this chapter shall be subject to the procedures of this chapter unless different procedures are specified for a license under another provision of this Code. B. All applications shall be accompanied by the applicable fee as set forth in the schedule of fees established from time to time by City Council resolution. Section 5.04.050 Separate license. Every person shall be required to secure separate licenses under this chapter for each and every separate place of business used by such person to conduct business in the City. Section 5.04.060 Exemptions. Except as may be otherwise specifically provided in this chapter, the terms hereof shall not be deemed or construed to apply to non‐profit organizations, institutions, corporations, or associations; persons or entities exempt from city taxation under state or federal law; or any person when imposition of the tax upon that person would violate the Constitution of the United States or that of the State of California. The burden of proof of exempt status is on the person claiming the exemption. Acceptable documentation must be provided to support the claimed exemption on a form provided by the Finance Director for that purpose. Section 5.04.070 Public utilities. Every person engaged in the business of operating a bus company, express company, telegraph, telephone, water, gas or electric company or other public utility within the City shall be required to obtain a license and pay the license tax prescribed by section 76 4 196788.1 5.04.200; provided, that the provisions of all ordinances with reference to the granting of a franchise to such public utility and requiring the payment of a franchise tax by it shall remain in full force and effect. Section 5.04.080 Application. A. Every person required to have a license under the provisions of this chapter shall submit an application to the Finance Director on a form he or she shall establish that reports: 1. The type of ownership of the business, i.e., whether individual, partnership, a corporation or otherwise. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the state and date of incorporation and the names and addresses of each of its current officers and directors, and the name and address of its agent for service of process; 2. The name under which the business is to be conducted; 3. The complete address and all telephone numbers of the business; 4. The name and address of the manager of the business; 5. The following personal information concerning the applicant, if an individual; and concerning each stockholder, each officer and each director, if the applicant is a closely held corporation; and concerning each partner, including limited partners, having an ownership interest in the business of more than 10 percent, if the applicant is a partnership; and concerning the manager or other person in charge of the operation of the business: a. Name, complete current residence address and residence telephone numbers; b. If the person has resided at the current residence address for less than three years, the previous addresses immediately prior to the present address of the applicant for the last three years; c. Height, weight, color of hair and eyes, and gender; d. Photograph in a form acceptable to the Finance Manager; 77 5 196788.1 e. The business history experience, including but not limited to, whether or not the applicant in previously operating in this or another city, county or state under a permit or license has had a permit or license denied, revoked or suspended and the reasons therefor, and the business activities or occupations subsequent to such action of denial, suspension or revocation; f. All criminal convictions, other than misdemeanor traffic violations and infractions for any offense listed in section 5.04.100 (Denial, suspension or revocation), the jurisdiction in which the conviction occurred, and the circumstances thereof; and g. One set of fingerprints in a form acceptable to the Finance Manager. 6. Such other information and identification of the person as the Finance Director considers necessary to administer this chapter; and 7. Authorization for the Finance Director to seek other information that the Finance Director considers necessary for a complete investigation and to conduct an investigation into the truth of the statements set forth in the application, including, but not limited to, a criminal history investigation with the California Department of Justice and other law enforcement agencies. B. Each applicant for a license shall properly complete an application, sign the same and certify, under penalty of perjury, that the contents thereof are true and correct; or sign and swear to the same before the Finance Director, a deputy finance director or some other person authorized to administer oaths. The Finance Director and his deputies and assistants are hereby authorized to administer oaths in all matters pertaining to the duties of their respective offices. The completed application shall be submitted to the Finance Director, who shall compute the license tax due and issue the license on payment of that amount. C. An application shall not be deemed complete until all the information required by this section has been provided to the Finance Director and the prescribed fees and license tax have been paid. Section 5.04.090 Investigation and determination. 78 6 196788.1 A. Upon receiving the completed license application, the Finance Director shall investigate the applicant and application to determine whether a license may issue under this chapter. B. The Finance Director shall also investigate the premises of the business to ensure they comply with the requirements of this chapter and applicable law. C. The Finance Director shall make a determination to approve or deny the license within a reasonable period of time after the applicant has submitted a completed application and paid the prescribed fees and tax. If the business is engaged in expressive activities protected by the First Amendment to the U.S. Constitution, the Finance Director shall make his or her determination within three business days of receipt of a complete application. D. The Finance Director may direct the Chief of Police to conduct a criminal background investigation on any person applying for a license under this chapter if there is probable cause to believe such person may have a criminal history relevant to the business to be conducted or if other applicable law requires such an investigation for the conduct of a particular business. Section 5.04.100 Denial, suspension or revocation. A. An application for a license may be denied and a license issued pursuant to this chapter may be suspended or revoked by the Finance Director upon any of the following grounds as to any of the persons identified in section 5.04.080: 1. Conviction of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business, profession or trade for which the license is sought or issued; 2. Conviction of a felony within the previous five years; 3. Conviction for commission of acts involving dishonesty, fraud, or deceit; 4. Commission of acts which (i) would constitute a felony or (ii) would constitute a crime if the crime is substantially related to the qualifications, functions, or duties of the business, profession or trade for which the license will be/was issued; 5. Knowingly making a false statement of fact or omitting a fact required to be revealed in an application for the license, or in any amendment or report or other information required to be made thereunder; 6. The premises in which the licensed activity will occur or the proposed use for which the license is sought is in violation (i) of any building, zoning, 79 7 196788.1 health, safety, fire, police or other provision of this Code or (ii) of county, state or federal law which substantially affects the public health, welfare or safety; 7. Violation of the terms and conditions of the license or other requirements of this Code; 8. The applicant or licensee has owned or leased premises that have been the subject of an administrative, civil or criminal nuisance abatement action and court judgment or administrative determination finding the premises to be a nuisance within the past five years and the applicant or licensee has not fully discharged any obligations arising from that action or determination; 9. The holding of any ownership interest of more than 10 percent of a business, other than a publicly traded corporation, by any person doing business in the city whom the Finance Director has not licensed under this chapter; 10. Failure to pay any disturbance response charge imposed pursuant to section 5.04.450 (Disturbance response charge); 11. A license application has been previously denied by the city or any state, county or local agency on one or more of the grounds provided in this section within five years before the date of the current application; 12. A permit or license issued by the city or any state, county or local agency has been revoked or suspended within the past five years; 13. The licensee has conducted or proposes to conduct the licensed business in a manner that creates a public nuisance, as defined in this Code or in sections 3479 and 3480 of the California Civil Code, on or within 150 feet of the licensed premises; or 14. The licensee fails to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or living and prevailing wage requirements. For purposes of this section, a final court order or administrative action is one as to which there is either no pending appeal or the time for filing an appeal has passed and no appeal was filed. Section 5.04.110 Notice of intended decision. A. Upon determining the existence of any of the grounds for denial, suspension, or revocation of a license in accordance with section 5.04.100, the Finance Director may give the licensee a notice of intended decision to deny, suspend or revoke the license. 80 8 196788.1 B. The notice of intended decision shall state the grounds on which the denial, suspension or revocation is based. C. The notice of intended decision shall advise that the denial, suspension or revocation shall become final unless the applicant or licensee files a written request for hearing before the Finance Director within the time period specified in section 5.04.490 (Procedure for hearing before the Finance Director). D. The notice shall specify the effective date of intended decision. Section 5.04.120 Issuance; contents. The Finance Director shall issue a license under this chapter for every person liable for such license tax, and to state in each license the amount thereof, the period of time covered thereby, the person to whom issued, the business licensed and the place where such business is to be conducted. Section 5.04.130 Expiration Date. Unless otherwise established by resolution of the City Council, all licenses shall expire on December 31st of each year. Section 5.04.140 Time and Manner of payment. The annual license taxes shall be due and payable to the City on the 1st day of January of each year. All license fees and taxes under this chapter shall be paid in advance in the legal currency of the United States at the office of the Finance Director. Section 5.04.150 Renewal of license. No license may be renewed unless: A. An application for renewal of the license, together with the payment of the prescribed license renewal fees and tax, is filed with the Finance Director before expiration of the current license; and B. The licensee meets all of the requirements of this chapter. C. If such application for renewal is not filed, or the license renewal fees or tax are not paid, before expiration of a license, the license shall be deemed suspended until such time as the application for renewal is filed, the renewal fees and tax, and if applicable, penalties, paid and a new license has been issued. 81 9 196788.1 Section 5.04.160 Penalty for late renewal. Any person who fails for more than 30 calendar days after the expiration of any license issued under this chapter to apply for renewal shall be required to pay a penalty of 10 percent of the amount of the license tax. Such penalty shall be collected by the Finance Director before issuance of a new license. Section 5.04.170 Posting and exhibition of license. A. Every licensee shall exhibit any license issued under this chapter in a conspicuous public place on the premises named in the license, or on a vehicle described in the license, while engaged in the subject business in the city. B. Any license issued pursuant to this chapter shall be kept in a readily accessible place and shown to any police officer, city inspector or other person upon request while business is conducted in the city under that license. Section 5.04.180 Transferability. A. No license under this chapter shall be valid except for the location for which application was made and for which the license issued. If a licensed business moves to another location, the original license shall be presented to the Finance Director, together with a statement of such proposed relocation. The Finance Director may approve the transfer of the license to the new location under the standards of this chapter for an initial license at that location. B. No license under this chapter shall be transferred or assigned or authorize any person other than the person named on the license. Rather, an application for license in the name of the proposed transferee shall be presented to the Finance Director, who shall consider the application as provided in this chapter. C. Notwithstanding paragraph B. above, a license issued under any provision of this chapter may be transferred or assigned to the child, spouse, or registered domestic partner of the licensee, by applying to the Finance Director with proof of that relationship. Section 5.04.190 Issuance of duplicates; mistakes by Finance Director. A. The Finance Director shall make a charge for each duplicate license issued to replace a license which has been lost or destroyed. Such charge shall be in an amount set from time to time by resolution of the City Council. 82 10 196788.1 B. In no case shall any mistake made by the Finance Director in stating the amount of the license tax prevent or prejudice the collection by the City of what shall be actually due from anyone carrying on a business subject to a license under this chapter. Section 5.04.200 Imposition of tax—Business generally. Unless otherwise specifically provided for in this chapter, every person carrying on a business in the City shall pay an annual license tax based on the average number of employees of the business in the City reported to the Employment Development Department on form DE‐9C (“Quarterly Contribution Return and Report of Wa ges”), or any successor that form designated by the Collector, in the four quarters before the date the payment is due as follows: A. A minimum base tax per year, plus an additional per employee tax per year, in the amounts set forth below in paragraph B., subject to annual inflation adjustments set forth in section 5.04.370. Part‐time employees count as one‐half of an employee. Calculations resulting in a fraction shall be rounded up to the next largest whole number. B. The tax shall be calculated as follows: Employee Range Base Rate Employee Rate 0–9 employees $150.00 $0.00 10–99 employees $500.00 $0.00 100–249 employees $500.00 $75.00 250–499 employees $500.00 $100.00 500–999 employees $500.00 $200.00 1,000–4,999 employees $500.00 $300.00 5,000+ employees $500.00 $425.00 83 11 196788.1 C. For persons with a fixed place of business outside the City who send employees into the City, the tax shall be apportioned to the fraction of the workforce located within the City during the licensing period (i.e., number of employees x number of days / 365 days). For purposes of this paragraph C., “every person carrying on a business in the City” shall include every person entering into a contract with the City, including without limitation contracts for public works, consultant services, and franchise agreements. Section 5.04.210 Agents, solicitors and salespersons. Each agent, solicitor, and salesperson selling or soliciting, or taking orders for the sale or furnishing of any paintings, pictures, portraits, photographs, orders for advertising or for any goods, wares, merchandise or service at retail, not otherwise provided herein when not in connection with any fixed place of business within the City licensed under this chapter, shall pay a business license tax of $140 per year subject to annual inflation adjustments set forth in section 5.04.370. Section 5.04.220 Amusement centers. As used herein, the term “amusement center” means any place to which the public is admitted or invited, where eight or more coin‐or token‐operated amusement machines are maintained, operated or available for operation. Every person operating an amusement center shall pay an annual business license tax of $278 dollars and $9.30 per machine subject to annual inflation adjustments set forth in section 5.04.370. Section 5.04.230 Amusements generally. Every person operating a business where admission, fares, or a fee is charged or made, or a collection or contribution is received (and which are not otherwise provided for in this chapter) for entrance to amusements, such as exhibitions, shows, games, rides, tent performances, ball games, dart games, illusions and other amusements or concessions similar in character to those, or any of those herein before named shall pay a business license tax of $140 per day subject to annual inflation adjustments set forth in section 5.04.370. Section 5.04.240 Apartment houses and apartment complexes. A. For purposes of this section, apartment house complex means two or more individual buildings containing dwelling units located upon the same property, or on contiguous property under the same ownership which are leased for occupancy by separate households. 84 12 196788.1 B. Every person owning apartment houses, or apartment house complexes, shall pay an annual business license tax of $178 per year for up to four dwelling units, and $12.95 for each additional dwelling unit subject to annual inflation adjustments set forth in section 5.04.370; provided, however, that the dwelling units used in computing the tax shall be dwelling units rented or leased for occupancy by one other than the owner. Section 5.04.250 Seasonal lot sales. Every person engaged in the business of seasonal lot sales shall pay an annual business license tax of $278 subject to annual inflation adjustments set forth in section 5.04.370. Section 5.04.260 Concerts, circuses and performances. Every person operating a concert, circus or other performance shall pay a business license tax for the first day of $279 and $45.53 cents for each additional day subject to annual inflation adjustments set forth in section 5.04.370. Section 5.04.270 Lumberyard, building material yard, junkyard–Plant nurseries. Every person owning or operating a business engaged in the sale of lumber, building material, secondhand building material, junkyard, or outdoor yard of similar character, or wholesale or retail nursery, shall pay a business license tax in accordance with the following schedule: A. A base annual tax of $140 dollars. B. In addition each person shall pay an annual tax of $9.30 per acre of space used for the purposes set forth above. C. These amounts are subject to annual inflation adjustments set forth in section 5.04.370. Section 5.04.280 Coin‐operated device (persons engaged in the business of renting, leasing or operating the same). Every person engaged in the business of renting, leasing or operating coin‐operated vending machines, shall pay an annual tax of $140 per year and $9.30 per machine subject to annual inflation adjustments set forth in section 5.04.370. Section 5.04.290 Contractors. Every person engaged within the City of Cupertino in the business of contracting as a general building contractor, electrical contractor, plumbing contractor, lathing and plastering contractor, subcontractor, or specialty contractor, as those terms are defined 85 13 196788.1 by state law, shall pay an annual tax of $140 per year subject to annual inflation adjustments set forth in section 5.04.370. Section 5.04.300 Home occupations. Every person engaged in a home occupation, as defined by the zoning ordinance of the City, shall pay an annual tax of $140 subject to annual inflation adjustments set forth in section 5.04.370. Section 5.04.310 Hotels, motels, auto courts, and lodging houses. Every person engaged in the business of operating a hotel, motel, or lodging house, shall pay an annual tax of $140 per year, plus $9.30 per room subject to annual inflation adjustments set forth in section 5.04.370. Section 5.04.320 Peddling. Every person peddling any goods, food, wares, magazines, or merchandise not otherwise provided for in this chapter, shall pay an annual tax of $278 subject to annual inflation adjustments set forth in section 5.04.370. Section 5.04.330 Rest, convalescent, guest and family care homes. Unless otherwise exempted by state or federal law, every person operating a rest, convalescent or guest home, or child care service, shall pay an annual tax of $278, subject to annual inflation adjustments set forth in section 5.04.370. Section 5.04.340 Private schools. Every person operating a private school shall pay an annual tax of $278, subject to annual inflation adjustments set forth in section 5.04.370. Section 5.04.350 Taxicabs or automobiles for hire. Every person engaged in the business of providing taxicabs or automobiles for hire shall pay an annual tax of $140 per year for each vehicle operated in the City subject to annual inflation adjustments set forth in section 5.04.370. Section 5.04.360 Theaters and shows. Every person engaged in the business of operating a theater, motion picture show, playhouse, event, and all other shows or exhibitions (except those conducted in the open or under canvas) not otherwise provided for in this chapter shall pay an annual tax of $140 per year plus $3.77 per seat subject to annual inflation adjustments set forth in section 5.04.370. 86 14 196788.1 Section 5.04.370 Annual adjustments for inflation. Every tax stated in this chapter in a fixed sum shall be annually adjusted for inflation, commencing with taxes due on January 1, 2021, and every year thereafter by the increase in CPI Index over the most recent 12‐month period for which the Index has been published. The Finance Director shall calculate the adjusted tax amounts, maintain them on file and available for public examination in his or her office and post them to the City’s website sufficiently in advance of the tax due date to allow efficient administration of the tax Section 5.04.380 No refunds for cessation of business A. All licenses shall be issued from the date set forth in the license and no licensee shall be entitled to the refund of any portion of the tax paid by reason of cessation of such licensed activity before the license expires. B. Any business required to cease activity within the City as the result of public acquisition of the premises by any governmental agency, shall be entitled to a refund of an amount prorated as to the time remaining under the license when the business activity ceases. Such licensee shall file a verified claim with the Finance Director stating the date of and reason for cessation of business activity. Section 5.04.390 Tax and fee obligations. In addition to all other legal penalties, any person who engages in any business for which a license is required, without such license, whether or not such person would have qualified for such license, shall be liable for the amount of all taxes and fees, penalties and interest, applicable to a licensee. Section 5.04.400 Collection of taxes by court action. The amount of any license tax imposed by this chapter shall be deemed a debt to the City, and any person carrying on any business under this chapter without having a license from the City so to do shall be liable to an action in the name of the City in any court of competent jurisdiction for the amount of license tax imposed on such business, together with all penalties and interest then due thereon in any such action, and any cost the City reasonably incurs to collect the tax, including attorneys’ fees which, if judgment is recovered, shall be included and assessed as recoverable costs in such action. Section 5.04.410 Powers and duties of Finance Director. A. The Finance Director shall have the power and duty, and is hereby directed, to enforce this chapter. 87 15 196788.1 B. The Finance Director shall have the power to adopt rules and regulations not inconsistent with the provisions of this chapter for the purpose of carrying out and enforcing the provisions of this chapter. A copy of any such rules and regulations shall be on file and available for public examination in the Finance Director’s office and posted to the City’s website. Section 5.04.420 Enforcement of chapter. The Finance Director shall appoint inspectors of licenses who are hereby authorized to examine all places of business and persons in the City liable to pay a license tax to see that such licenses are taken out; and shall have and exercise the following powers and duties: A. To citations or other notices of a violation of this chapter. B. To enter free of charge, at any time, any place of business for which a license is required by this chapter and to demand the exhibition of such license for the current term by any person engaged or employed in the transaction of such business, and if such person shall fail to do so, he or she shall be liable for the penalties provided by this code and other applicable law for a violation of this chapter. Section 5.04.430 Liability of licensee. A. The licensee shall be liable for every violation of this chapter committed by the licensee or the licensee’s manager or employee. B. Upon a violation of this chapter by an employee, the Finance Director may take enforcement action against the licensee, the employee of the licensee, the manager who was present when the employee committed the violation, or any or all of them. C. Upon a violation of this chapter by a manager, the City may take enforcement action against either or both the licensee and the manager. Section 5.04.440 Cumulative remedies. This chapter provides for administrative enforcement of its provisions, which are in addition to all other legal remedies, administrative, criminal or civil, which may be pursued by the City to address any violation of this chapter provided only that the City may not recover any sum due under this chapter more than once. Section 5.04.450 Disturbance response charge. 88 16 196788.1 A. A disturbance response charge shall be imposed on the licensee of any business premises operated pursuant to any license issued by a Finance Director, whenever the police department responds to any disturbance which is directly or indirectly caused by a violation of the license. B. The disturbance response charge shall be the actual cost of police services, including but not limited to, personnel and equipment, incurred. C. The bill of charges shall be served by the chief of police upon the licensee at the licensed business premises within 30 calendar days after the response to a disturbance which is directly or indirectly caused by a violation of the license. D. The bill of charges shall include a notice of the right of the person being charged to request a hearing before the Finance Director or his or her designee within 10 calendar days of the date of service of the bill to dispute the imposition or amount of the charge. E. Failure to timely request a hearing shall waive the right to a hearing. Section 5.04.460 Informal procedure for resolution of an imminent threat. A. When the Finance Director determines that there is an imminent threat to the public health, safety or welfare requiring immediate action, the Finance Director will attempt to informally contact the licensee by telephone, in‐person meeting, or by such other means of communication as the Finance Director deems appropriate, to discuss the threat. The Finance Director will further attempt to obtain the licensee’s commitment to implement immediate voluntary compliance measures that will, in the judgment of the Finance Director, effectively abate the threat. B. The requirements set out in paragraph A shall not prohibit the Finance Director from summarily suspending a license if: 1. The attempt to contact the licensee fails; or 2. The licensee fails or refuses to immediately implement voluntary compliance measures that the Finance Director deems will effectively abate the threat; or 3. The Finance Director determines that the compliance measures the licensee implements are insufficient to effectively abate the threat; or 89 17 196788.1 4. The Finance Director determines that the threat is so urgent that compliance with this section will further jeopardize the public health, safety, or welfare. Section 5.04.470 Summary suspension. A. If the Finance Director determines there is an imminent threat to the health, safety or welfare of the public as set out in Paragraph B below, a license may be summarily suspended for up to 30 days. B. The Finance Director’s determination that there is an imminent threat to the public health, safety or welfare shall be based on one or more of the following: 1. There is an urgent need to take immediate action to protect the public from a substantial threat of serious bodily injury or death existing on or within 150 feet of the licensed premises; or 2. There has been a violation of a license condition or other requirement of this chapter that creates an imminent danger to the public health, safety or welfare on or within 150 of the licensed premises; or 3. The licensee has conducted the licensed business in a manner that creates or results in a public nuisance, as defined in this Code or in Sections 3479 and 3480 of the California Civil Code, and that public nuisance creates an imminent danger to the public health, safety or welfare on or within 150 of the licensed premises. C. The summary suspension shall take effect immediately upon service of a written notice of suspension by the Finance Director including substantially the following: 1. The effective date and duration of the suspension; 2. The grounds for the suspension; 3. The licensee may request a hearing on the suspension before the Finance Director; 4. The method to request a hearing before the Finance Director; and 5. The notice of summary suspension shall become final unless the Finance Director receives a written request for a hearing from the licensee within the time period specified in Paragraph E. D. The summary suspension shall remain in effect unless and until the Finance Director either: 90 18 196788.1 1. Amends the notice of summary suspension to shorten its duration; or 2. Issues a decision after holding a hearing pursuant to the requirements of this Section that modifies or overrules the summary suspension. E. To challenge a summary suspension, the licensee shall file a written request for a hearing before the Finance Director within three business days after service of the notice of summary suspension. If the Finance Director does not receive a request for a hearing from the licensee within this time period, the notice of summary suspension shall be final. F. The Finance Director shall respond to the licensee’s request for a hearing by holding a hearing to affirm, modify or overrule the summary suspension within five business days of the licensee’s request for a hearing, unless the licensee requests an extension of the time within which the Finance Director can hold the hearing. If the business is engaged in expressive activities protected by the First Amendment to the U.S. Constitution, the Finance Director shall respond within one business day of receipt of a complete application. G. The Finance Director shall serve a written notice of hearing on the licensee not later than two (2) business days after receiving the licensee’s written request for a hearing. The notice of hearing shall contain the date, time and place at which the hearing shall be conducted. H. At the hearing before the Finance Director, the licensee shall be given the opportunity to present evidence that either rebuts the ground(s) for which the summary suspension wa s issued or demonstrates that the reason or reasons leading to the summary suspension have been mitigated or corrected. I. The hearing will be conducted informally and technical rules of evidence shall not apply. Any evidence the Finance Director deems reliable, relevant and not unduly repetitious may be considered. J. The Finance Director shall issue a decision which affirms, modifies or overrules the summary suspension, as specified in Paragraph K. If the Finance Director affirms or modifies the summary suspension, he or she may impose additional conditions upon the license to protect the health, safety or welfare of the public, to prevent the conduct or condition that led to the summary suspension, or otherwise to achieve compliance with this chapter. 91 19 196788.1 K. The Finance Director shall issue an oral decision upon the close of the hearing or may communicate the decision by telephone, within 24 hours of the close of the hearing. The Finance Director shall also serve the licensee with a written decision within 3 business days of the close of the hearing. L. Following the service of a written decision, a licensee who is dissatisfied with the Finance Director’s decision shall have a choice of either filing an appeal with the appeals hearing board under the terms set out in section 5.04.510 (Appeal to appeals hearing board) or accepting the decision as final and seeking judicial review pursuant to Section 1094.6 of the Code of Civil Procedure of the State of California. If the licensee is dissatisfied with the decision by the Finance Director and chooses to have an appeal hearing with the appeals hearing board, the decision by the appeals hearing board shall be final for purposes of judicial review pursuant to Section 1094.6 of the Code of Civil Procedure of the State of California. Section 5.04.480 Method of service. A. All written notices and decisions required by this section shall be served either by personal delivery or by deposit in the United States Mail, in a sealed envelope postage prepaid, to the address of such person last known to the Finance Director. Service by mail shall be deemed to have been completed upon mailing. Alternatively, any written notice required by this section may be served by conspicuously posting a copy of the written notice at the licensed premises. B. The failure of any licensee to receive any notice required under this part shall not affect the validity of any proceedings taken under this part provided notice is given as provided in this chapter. Section 5.04.490 Procedure for hearing before the Finance Director. A. The written request for a hearing before the Finance Director must be received by the Finance Director within 10 calendar days of the date of service of a notice of intended decision to deny, suspend or revoke the license. B. The Finance Director shall schedule a hearing which shall be held no later than 30 calendar days after receipt of a timely request for hearing. If the business is engaged in expressive activities protected by the First Amendment to the U.S. Constitution, the Finance Director shall set the hearing within five business days of a timely request for a hearing. 92 20 196788.1 C. The Finance Director shall serve a notice of hearing on the applicant or licensee not later than 10 calendar days before the hearing date earing. If the business is engaged in expressive activities protected by the First Amendment to the U.S. Constitution, the Finance Director shall serve that notice not later than two business days before the hearing date. D. The appellant shall have opportunity to present witnesses and documentary evidence at the hearing. E. The hearing will be conducted informally and the technical rules of evidence shall not apply. Any evidence the Finance Director deems reliable, relevant and not unduly repetitious may be considered. F. Issuance of a written notice of cancellation of an insurance policy by its issuer shall be conclusive proof of that cancellation. Section 5.04.500 Decision of the Finance Director. A. Within 20 calendar days after the hearing, the Finance Director shall serve a written decision sustaining, reversing or modifying his or her intended decision on the applicant or licensee. If the licensed business involves expressive conduct protected by the First Amendment to the U.S. Constitution and comparable provisions of state law, the decision shall be rendered within five business days of the hearing. B. The decision by the Finance Director after hearing shall become final unless the applicant or licensee files an appeal with the appeals hearing board within the time period specified in paragraph B of Section 5.04.510. Section 5.04.510 Appeal to appeals hearing board. A. If an applicant or licensee is dissatisfied with the written decision of the Finance Director, he or she may appeal to the appeals hearing board. B. The appeal must be in writing on a form provided by the appeals hearing board and received by the secretary of the appeals hearing board within 15 calendar days of the date of the Finance Director’s decision. C. The appeal hearing shall be conducted in accordance with any rules and regulations of the appeals hearing board or, in the absence of such rules, in accordance with section 5.04.490 of this chapter. 93 21 196788.1 D. The written decision of the appeals hearing board shall be final when served on the appellant and shall be the final decision of the City, subject to judicial review pursuant to Code of Civil Procedure section 1094.5. Section 5.04.520 Constitutionality and Legality; Gann Limit. A. This tax is intended to be applied consistently with the United States and California Constitutions, state law and the City Charter. The tax shall not be applied so as to cause an undue burden upon interstate commerce, a violation of the equal protection and due process clauses of the Constitutions of the United States or the State of California, to constitute a special tax, or to cause a violation of any other provision of applicable law. B. Pursuant to California Constitution, article XIII B, the appropriation limit for the City is hereby increased to the maximum extent over the maximum period of time allowed under law by the amount of the revenues generated by the tax. SECTION 2. Effective Date of Ordinance. This Ordinance shall take effect 10 days after the vote therefor is declared by the City Council, or on ____________________ [date], whichever occurs later. SECTION 3. Amendment of Ordinance. This Ordinance may be repealed or amended by the City Council without a vote of the People in any manner which does not constitute a tax “increase” as that term is defined in Government Code section 53750. In particular, and without limitation, the City Council may lower a tax rate or amount under this Ordinance and raise it again to the level authorized by this Ordinance without further voter approval. SECTION 4. Severability. If any section, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unenforceable by a court of competent jurisdiction for any reason, the remaining sections, sentences, clauses, phrases, or portions of this ordinance shall nonetheless remain in full force and effect. The People of the City of Cupertino hereby declare that they would have adopted each section, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable and, to that end, the provisions of this Ordinance are severable. SECTION 5. Special Tax; Super Majority Approval; Effective Date. 94 22 196788.1 The tax imposed by this Ordinance is a special tax under Article XIII C of the California Constitution and authorized by California Constitution, article XIII, section 4, which authorizes cities to impose special taxes to raise revenue for special services, and is not for regulation. The proceeds from this Ordinance shall be used only to design, acquire real property for, construct, improve, maintain and operating transportation infrastructure and services for the residents, visitors, property owners and businesses of the City. If a two‐thirds majority of voters casting votes on the question approve this Ordinance, it shall be effective on the date the vote therefor is declared by the City Council and shall go into effect 10 days thereafter in accordance with California Elections Code section 9217. Upon the effective date of this Ordinance, the Finance Director shall establish a separate fund to account for revenue raised by this Ordinance. The Finance Director shall file a report with the City Council no later than (date), and at least once a year thereafter, which shall contain the amount of funds collected and expended under this Ordinance. SECTION 6. Audit and Review. The proceeds of the tax imposed by this Ordinance, as well as the expenditure thereof, shall be audited annually by an independent accounting firm. The City Council shall discuss the results of such audit at a meeting of the City Council that is open to the public. The report of such audit shall be posted on the City’s website. SECTION 7. California Environmental Quality Act Requirements. This Ordinance is exempt from the California Environmental Quality Act (CEQA), Public Resources Code section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4) and 15061(b)(3)). SECTION 8. Execution of Ordinance. The People of the City of Cupertino hereby authorize the Mayor and City Clerk of the City to execute this Ordinance to reflect its adoption at the [Date] election. I hereby certify that the foregoing ordinance was duly adopted by a majority of the voters of the City casting votes on the question on [Date]. __________________ __________________ Darcy Paul (date) 95 23 196788.1 Mayor ATTEST: __________________ __________________ Grace Schmidt (date) City Clerk 96 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4064 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:6/6/2018 City Council On agenda:Final action:7/3/2018 Title:Subject: Approve the May 15 City Council minutes (continued from June 5, 2018) Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes (redline) B - Draft Minutes (clean) Action ByDate Action ResultVer. City Council7/3/2018 1 Subject: Approve the May 15 City Council minutes (continued from June 5, 2018) Approve the May 15 City Council minutes CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™97 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, May 15, 2018 SPECIAL CITY COUNCIL MEETING At 3:30 p.m. Mayor Darcy Paul called the Special City Council meeting to order in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue. Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang (3:35 p.m.) Steven Scharf, and Savita Vaidhyanathan. Absent: None. STUDY SESSION 1. Subject: Budget Study Session regarding the Proposed Fiscal Year 2018‐19 Budget, including CIP Recommended Action: Conduct a Budget Study Session regarding the Proposed Fiscal Year 2018‐19 Budget, including CIP Written communications for this item included staff presentations and community funding grant applications. Finance Manager Zach Korach, Senior Management Analyst Karen Guerin, Management Analyst Katy Nomura, and Business Systems Analyst Thomas Leung reviewed the presentation. Councilmember Sinks left the dais at 3:44 p.m. before discussion of the slide regarding Pass Thru Revenue for Apple Park. He returned to the dais immediately after. Council recessed from 4:40 p.m. to 4:45 p.m. Staff continued with the study session presentation and answered questions from Council. Director of Public Works Timm Borden reviewed the Capital Improvement Project (CIP) presentation. Mayor Paul opened public comment and the following individual spoke: 98 City Council Minutes May 15, 2018 Jennifer Griffin Mayor Paul closed public comment. Council directed staff to follow‐up on these items:  Deer Hollow Farm to provide data regarding its programs, number of attendees, and number of Cupertino residents served.  Recreation and Community Services to look into administering community funding requests and considering them in conjunction with festival funding; provide performance metrics for all funding requests and festivals; evaluate metrics and provide recommendations.  Data on the estimated cost per attendee at festivals.  Information regarding foot traffic at the Fall Festival and background information on the two new organizations that applied for community funding, Bay Shore Lyric Opera and Korean American Community Services.  See if cost for Sheriff’s services at the Tournament of Bands can be waived like for other festivals.  Data on the RYDE Program including cost and subsidies per ride, number of riders served by the program, and breakdown of funding for the program.  A presentation from West Valley Community Services that describes the status of the program.  Assessment of the cost efficiency for the proposed Risk Manager position versus the other comparable 15 cities and how they handle their City Attorney office services.  Analysis of the Associate Civil Engineer position from limited term to permanent in Public Works department.  Analysis of consolidating the Public Safety, Library, and Parks & Recreation Commissions.  Additional proposal of $25,000 for the aircraft noise ad‐hoc committee.  Additional information on how the City would support performing arts. CLOSED SESSION Council went into closed session in the City Hall Conference Room A, 10300 Torre Avenue and 99 City Council Minutes May 15, 2018 reconvened in open session at 6:45 p.m. in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue for the Regular Meeting. 2. Subject: Conference with Real Property Negotiators (Government Code Section 54956.8); Property: City‐wide Public Right of Way; Agency Negotiator: Timm Borden; Negotiating Parties: City of Cupertino and Verizon; Under Negotiation: Terms for Leased Use of Public Right of Way Mayor Paul announced that the item was received and direction was given. 3. Subject: Public Employee Employment (Gov’t Code 54957(b)(1); Position: City Manager. Mayor Paul announced that the item was received and direction was given. Mayor Paul also announced that a closed session was held on May 7 regarding: Subject: Public Employee Employment and Appointment (Gov’t Code 54957(b)(1); Position: Interim City Manager. Mayor Paul announced that the item was heard and direction was given. Subject: Public Employee Employment (Gov’t Code 54957(b)(1); Position: City Manager. Mayor Paul announced that the item was heard and direction was given. Mayor Paul also announced that a closed session was held on May 11 regarding: Subject: Public Employee Performance Evaluation (Govʹt Code Section 54957). Title: City Attorney. Written communications for this item included emails to Council. The following individuals spoke on this item: J.R. Fruen (Cupertino resident) Jean Bedord (Cupertino resident) Mayor Paul announced that no final action was taken there is no reportable action at this time. Formatted: Indent: Left: 0.5", First line: 0" Formatted: Strikethrough 100 City Council Minutes May 15, 2018 Subject: Public Employee Discipline/Dismissal/ Release (Gov’t Code Section 54957). Mayor Paul announced that no final action was taken there is no reportable action at this time. ADJOURNMENT REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Darcy Paul called the Regular City Council meeting to order in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance. ROLL CALL Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang, Steven Scharf, and Savita Vaidhyanathan. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Proclamations to Charities Housing and SV@Home for Affordable Housing Week May 11‐18 Recommended Action: Present Proclamations to Charities Housing and SV@Home for Affordable Housing Week May 11‐18 Mayor Paul presented proclamations to Kathy Robinson on behalf of Charities Housing and to Matthew Reed on behalf of SV@Home for Affordable Housing Week May 11‐18. Other representatives included Roberta Hollimon on behalf of the League of Women Voters Cupertino‐Sunnyvale, Jan Stokley on behalf of Housing Choices, and Sujatha Venkatraman on behalf of West Valley Community Services. 2. Subject: Proclamation for Public Works Week May 20‐26 Recommended Action: Present Proclamation for Public Works Week May 20‐26 Mayor Paul presented a proclamation to Director of Public Works Timm Borden for Public Works Week May 20‐26. Formatted: Indent: Left: 0", Hanging: 0.5" Formatted: Strikethrough 101 City Council Minutes May 15, 2018 3. Subject: Presentations by Cupertino‐Copertino, Italy Sister City Committee adult and student delegations Recommended Action: Receive presentations by Cupertino‐Copertino, Italy Sister City Committee adult and student delegations Helene Davis from Cupertino‐Copertino, Italy Sister City Committee introduced art teacher Kathy Martinelli from St. Joseph of Cupertino School. Representatives from the student delegation gave a presentation highlighting the recent trip. Fabrizio Vitagliano, Co‐Founder at Enzoʹs Italian Restaurant Cupertino showed pictures from the adult delegation with Mayor Paul and other representatives. Council received the presentations. POSTPONEMENTS – None ORAL COMMUNICATIONS Julia Miyakawa (Cupertino resident) talked about Regnart Creek Trail. Brooke Ezzat (Cupertino resident) talked about the ballot drop‐off box at the Cupertino Library. Connie Cunningham (Cupertino resident) talked about Regnart Creek Trail. Pam Hershey (Cupertino resident) talked about Vallco development and traffic. Jon Willey (Cupertino resident) talked about Vallco development (distributed written comments). Helene (Cupertino resident) talked about Regnart Creek Trail. Janet Van Zoeren (Cupertino resident) speaking on behalf of Housing Choices Cupertino Task Force talked about affordable housing for developmentally disabled persons. Per Maresca (Mountain View resident) speaking on behalf of Housing Choices Cupertino Task Force talked about affordable housing for developmentally disabled persons. Jan Stokley speaking on behalf of Housing Choices Cupertino Task Force talked about affordable housing for developmentally disabled persons. 102 City Council Minutes May 15, 2018 Emma Shearin (Cupertino resident) talked about Regnart Creek Trail. Liana Crabtree (Cupertino resident) talked about ballot drop‐off box locations at local libraries. Anne Ng (Cupertino resident) talked about Regnart Creek Trail. Ignatius Y. Ding (Cupertino resident) talked about Sand Hill’s SB35 proposal for Vallco (distributed written comments). Liang Chao (Cupertino resident) talked about Vallco Specific Plan. Longtime Res (Cupertino resident) talked about the ballot drop‐off box at the Cupertino Library. Lisa Warren talked about Cupertino becoming a Charter City, analysis of SB35 proposal for Vallco, and transcription of minutes. Jennifer Griffin talked about bicycle boulevards and Vallco development. Council recessed from 8:15 p.m. to 8:25 p.m. CONSENT CALENDAR Vaidhyanathan moved and Chang seconded to approve the items on the Consent Calendar as presented with the exception of item numbers 6 and 7 which were pulled for discussion. Ayes: Paul, Sinks, Chang, Scharf, and Vaidhyanathan. Noes: None. Abstain: None. Absent: None. 4. Subject: Approve the May 1 City Council minutes Recommended Action: Approve the May 1 City Council minutes 5. Subject: Approve the Third Quarter Financial Report and recommended budget adjustments for Fiscal Year 2017‐18 Recommended Action: 1. Accept the City Managerʹs Third Quarter Financial Report for FY 2017‐18 2. Approve the Third Quarter adjustments for FY 2017‐18 as described in the Third Quarter Financial Report 3. Adopt Resolution No.18‐044 approving Third Quarter budget adjustments 6. Subject: Fee waiver request from League of Women Voters of Cupertino‐Sunnyvale for approximately $225 in facility use fees for the use of Community Hall on Monday, May 14, 2018 for a forum on Vallco and Wednesday, May 16, 2018 for candidate forums and a presentation on upcoming ballot measures. 103 City Council Minutes May 15, 2018 Recommended Action: Staff recommends approval of fee waiver request. Written communications for this item included emails to Council. Mayor Paul opened public comment and the following individuals spoke: Jennifer Griffin Lisa Warren Roberta Hollimon Mayor Paul closed public comment. Sinks moved and Chang seconded to recommend approval of fee waiver request from League of Women Voters of Cupertino‐Sunnyvale for approximately $225 in facility use fees for the use of Community Hall on Monday, May 14, 2018 for a forum on Vallco and Wednesday, May 16, 2018 for candidate forums and a presentation on upcoming ballot measures. The motion carried with Scharf voting no and Paul abstaining. 7. Subject: Small Cell License Agreement with New Cingular Wireless PCS, LLC, d/b/a AT&T Wireless Recommended Action: Authorize the City Manager to enter into a Small Cell License Agreement with New Cingular Wireless PCS, LLC, d/b/a AT&T Wireless City Engineer Chad Mosley answered questions from Council. Sinks moved and Chang seconded to authorize the City Manager to enter into a Small Cell License Agreement with New Cingular Wireless PCS, LLC, d/b/a AT&T Wireless. The motion carried unanimously. 8. Subject: Application for Alcohol Beverage License for Cafe Mie Kari, LLC (dba Nanyang Kitchen), 10893 N. Wolfe Road Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Café Mie Kari, LLC (dba Nanyang Kitchen), 10893 N. Wolfe Road 9. Subject: Application for Alcohol Beverage License for TKS Restaurants, LLC (dba The Kebab Shop), 19700 Vallco Parkway, Suite 150 Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for TKS Restaurants, LLC (dba The Kebab Shop), 19700 Vallco Parkway, Suite 150 104 City Council Minutes May 15, 2018 10. Subject: Management Plan Contract for Water System Asset Planning & Valuation for the Cupertino Municipal Water System Recommended Action: Authorize the City Manager to negotiate and execute the Management Plan Contract for Water System Asset Planning & Valuation for the Cupertino Municipal Water System agreement with Kayuga Solution for an amount of $328,416 and approve a contingency of $21,584 for a total of $350,000 11. Subject: Agreement between the City of Cupertino and Pavement Engineering, Inc. for consultant services on various street asphalt and concrete improvement projects. Recommended Action: Approve an Agreement between the City of Cupertino and Pavement Engineering, Inc. (PEI) in the amount not to exceed $526,635 from the date of execution through June 30, 2019, and authorize the City Manager to negotiate and execute all necessary documents to carry out all consultant services for the various street asphalt and concrete and improvement projects. SECOND READING OF ORDINANCES ‐ None PUBLIC HEARINGS 12. Subject: Tentative Map application to allow the subdivision of 3 parcels into 5 parcels ‐ 4 residential and 1 common (private street), Tree Removal Permit to allow the removal and replacement of seven (7) protected trees and associated environmental review. (Application No(s).: TM‐2015‐01, TR‐2016‐28 (EA‐2015‐04) Applicant: Welkin International (Cai Xing Xie); Location: 10234 Scenic Blvd., APN#357‐08‐014, 047) Recommended Action: The Planning Commission recommends that the City Council deny the Project by concurring with the Planning Commission Resolution No. 6856 and the findings therein by; 1) Deny the Tentative Map Application to allow the subdivision of three parcels into five parcels ‐ four residential and one common (private road); and 2) Deny the Tree Removal Permit to allow the removal and replacement of seven (7) protected trees Alternative Action: Consider Staffʹs recommendation to approve the project by adopting the draft Resolution No(s). and the findings therein; 1) Adopt Resolution No. 18‐045 adopting a Mitigated Negative Declaration and a Mitigation Monitoring and Report Program for the proposed project; and 2) Adopt Resolution No. 18‐046 approving the Tentative Map Application to allow the subdivision of 3 parcels into 5 parcels ‐ 4 residential and 1 common (private road); and 3) Adopt Resolution No. 18‐047 approving the Tree Removal Permit to allow the removal and replacement of seven (7) protected trees Written communications for this item included emails to Council and a staff presentation. 105 City Council Minutes May 15, 2018 Associate Planner Erick Serrano reviewed the staff report. Architect Lei Yuan, Arborist Richard Smith, Geotechnical Engineer Jonathan, Civil Engineer Mark Helton, and Attorney Richard Abdalah reviewed the proposal and answered questions from Council. Council recessed from 9:42 p.m. to 9:50 p.m. Mayor Paul opened the public hearing and the following individuals spoke: John Ghashghai (Cupertino resident) Kristi McGee (Cupertino resident) Nadine Carlton (Cupertino resident) Tom Trankle (Cupertino resident) Alex Carlton (Cupertino resident) Vishu Gupta (Cupertino resident) Joe Cleaver (Cupertino resident) speaking on behalf of the neighbors Ann Cleaver (Cupertino resident) speaking on behalf of the Audubon Society Patrick Kwok (Cupertino resident) Dennis Gaushell (Cupertino resident) Liana Crabtree (Cupertino resident) Mayor Paul closed the public hearing. Sinks moved and Scharf seconded to deny the project. The motion carried unanimously. ORDINANCES AND ACTION ITEMS 13. Subject: Approve a Public Agencies Post‐Employment Benefits Section 115 Trust administered by a third‐party administrator to be selected by the Cityʹs Audit Committee Recommended Action: Adopt Resolution No. 18‐048 approving the Public Agencies Post‐ Employment Benefits Section 115 Trust administered by a third‐party administrator to be selected by the Cityʹs Audit Committee Written communications for this item included a staff presentation. Business Systems Analyst Thomas Leung reviewed the staff report. Scharf moved and Sinks seconded to adopt Resolution No. 18‐048 approving the Public Agencies Post‐Employment Benefits Section 115 Trust administered by a third‐party 106 City Council Minutes May 15, 2018 administrator to be selected by the Cityʹs Audit Committee. The motion carried unanimously. REPORTS BY COUNCIL AND STAFF 14. Subject: Annual Report on the Pavement Management Program Recommended Action: Receive the report. No action is required. Written communications for this item included a staff presentation. Assistant Director of Public Works Roger Lee reviewed the staff report. Council received the report. 15. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments Councilmembers highlighted the activities of their committees and various community events. ADJOURNMENT At 11:55 p.m., Mayor Paul adjourned the meeting. ___________________________ Grace Schmidt, City Clerk 107 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, May 15, 2018 SPECIAL CITY COUNCIL MEETING At 3:30 p.m. Mayor Darcy Paul called the Special City Council meeting to order in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue. Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang (3:35 p.m.) Steven Scharf, and Savita Vaidhyanathan. Absent: None. STUDY SESSION 1. Subject: Budget Study Session regarding the Proposed Fiscal Year 2018-19 Budget, including CIP Recommended Action: Conduct a Budget Study Session regarding the Proposed Fiscal Year 2018-19 Budget, including CIP Written communications for this item included staff presentations and community funding grant applications. Finance Manager Zach Korach, Senior Management Analyst Karen Guerin, Management Analyst Katy Nomura, and Business Systems Analyst Thomas Leung reviewed the presentation. Councilmember Sinks left the dais at 3:44 p.m. before discussion of the slide regarding Pass Thru Revenue for Apple Park. He returned to the dais immediately after. Council recessed from 4:40 p.m. to 4:45 p.m. Staff continued with the study session presentation and answered questions from Council. Director of Public Works Timm Borden reviewed the Capital Improvement Project (CIP) presentation. Mayor Paul opened public comment and the following individual spoke: 108 City Council Minutes May 15, 2018 Jennifer Griffin Mayor Paul closed public comment. Council directed staff to follow-up on these items:  Deer Hollow Farm to provide data regarding its programs, number of attendees, and number of Cupertino residents served.  Recreation and Community Services to look into administering community funding requests and considering them in conjunction with festival funding; provide performance metrics for all funding requests and festivals; evaluate metrics and provide recommendations.  Data on the estimated cost per attendee at festivals.  Information regarding foot traffic at the Fall Festival and background information on the two new organizations that applied for community funding, Bay Shore Lyric Opera and Korean American Community Services.  See if cost for Sheriff’s services at the Tournament of Bands can be waived like for other festivals.  Data on the RYDE Program including cost and subsidies per ride, number of riders served by the program, and breakdown of funding for the program.  A presentation from West Valley Community Services that describes the status of the program.  Assessment of the cost efficiency for the proposed Risk Manager position versus the other comparable 15 cities and how they handle their City Attorney office services.  Analysis of the Associate Civil Engineer position from limited term to permanent in Public Works department.  Analysis of consolidating the Public Safety, Library, and Parks & Recreation Commissions.  Additional proposal of $25,000 for the aircraft noise ad-hoc committee.  Additional information on how the City would support performing arts. CLOSED SESSION Council went into closed session in the City Hall Conference Room A, 10300 Torre Avenue and 109 City Council Minutes May 15, 2018 reconvened in open session at 6:45 p.m. in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue for the Regular Meeting. 2. Subject: Conference with Real Property Negotiators (Government Code Section 54956.8); Property: City-wide Public Right of Way; Agency Negotiator: Timm Borden; Negotiating Parties: City of Cupertino and Verizon; Under Negotiation: Terms for Leased Use of Public Right of Way Mayor Paul announced that the item was received and direction was given. 3. Subject: Public Employee Employment (Gov’t Code 54957(b)(1); Position: City Manager. Mayor Paul announced that the item was received and direction was given. Mayor Paul also announced that a closed session was held on May 7 regarding: Subject: Public Employee Employment and Appointment (Gov’t Code 54957(b)(1); Position: Interim City Manager. Mayor Paul announced that the item was heard and direction was given. Subject: Public Employee Employment (Gov’t Code 54957(b)(1); Position: City Manager. Mayor Paul announced that the item was heard and direction was given. Mayor Paul also announced that a closed session was held on May 11 regarding: Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City Attorney. Written communications for this item included emails to Council. The following individuals spoke on this item: J.R. Fruen (Cupertino resident) Jean Bedord (Cupertino resident) Mayor Paul announced that no final action was taken there is no reportable action at this time. 110 City Council Minutes May 15, 2018 Subject: Public Employee Discipline/Dismissal/ Release (Gov’t Code Section 54957). Mayor Paul announced that no final action was taken there is no reportable action at this time. ADJOURNMENT REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Darcy Paul called the Regular City Council meeting to order in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance. ROLL CALL Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang, Steven Scharf, and Savita Vaidhyanathan. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Proclamations to Charities Housing and SV@Home for Affordable Housing Week May 11-18 Recommended Action: Present Proclamations to Charities Housing and SV@Home for Affordable Housing Week May 11-18 Mayor Paul presented proclamations to Kathy Robinson on behalf of Charities Housing and to Matthew Reed on behalf of SV@Home for Affordable Housing Week May 11-18. Other representatives included Roberta Hollimon on behalf of the League of Women Voters Cupertino-Sunnyvale, Jan Stokley on behalf of Housing Choices, and Sujatha Venkatraman on behalf of West Valley Community Services. 2. Subject: Proclamation for Public Works Week May 20-26 Recommended Action: Present Proclamation for Public Works Week May 20-26 Mayor Paul presented a proclamation to Director of Public Works Timm Borden for Public Works Week May 20-26. 111 City Council Minutes May 15, 2018 3. Subject: Presentations by Cupertino-Copertino, Italy Sister City Committee adult and student delegations Recommended Action: Receive presentations by Cupertino-Copertino, Italy Sister City Committee adult and student delegations Helene Davis from Cupertino-Copertino, Italy Sister City Committee introduced art teacher Kathy Martinelli from St. Joseph of Cupertino School. Representatives from the student delegation gave a presentation highlighting the recent trip. Fabrizio Vitagliano, Co-Founder at Enzo's Italian Restaurant Cupertino showed pictures from the adult delegation with Mayor Paul and other representatives. Council received the presentations. POSTPONEMENTS – None ORAL COMMUNICATIONS Julia Miyakawa (Cupertino resident) talked about Regnart Creek Trail. Brooke Ezzat (Cupertino resident) talked about the ballot drop-off box at the Cupertino Library. Connie Cunningham (Cupertino resident) talked about Regnart Creek Trail. Pam Hershey (Cupertino resident) talked about Vallco development and traffic. Jon Willey (Cupertino resident) talked about Vallco development (distributed written comments). Helene (Cupertino resident) talked about Regnart Creek Trail. Janet Van Zoeren (Cupertino resident) speaking on behalf of Housing Choices Cupertino Task Force talked about affordable housing for developmentally disabled persons. Per Maresca (Mountain View resident) speaking on behalf of Housing Choices Cupertino Task Force talked about affordable housing for developmentally disabled persons. Jan Stokley speaking on behalf of Housing Choices Cupertino Task Force talked about affordable housing for developmentally disabled persons. 112 City Council Minutes May 15, 2018 Emma Shearin (Cupertino resident) talked about Regnart Creek Trail. Liana Crabtree (Cupertino resident) talked about ballot drop-off box locations at local libraries. Anne Ng (Cupertino resident) talked about Regnart Creek Trail. Ignatius Y. Ding (Cupertino resident) talked about Sand Hill’s SB35 proposal for Vallco (distributed written comments). Liang Chao (Cupertino resident) talked about Vallco Specific Plan. Longtime Res (Cupertino resident) talked about the ballot drop-off box at the Cupertino Library. Lisa Warren talked about Cupertino becoming a Charter City, analysis of SB35 proposal for Vallco, and transcription of minutes. Jennifer Griffin talked about bicycle boulevards and Vallco development. Council recessed from 8:15 p.m. to 8:25 p.m. CONSENT CALENDAR Vaidhyanathan moved and Chang seconded to approve the items on the Consent Calendar as presented with the exception of item numbers 6 and 7 which were pulled for discussion. Ayes: Paul, Sinks, Chang, Scharf, and Vaidhyanathan. Noes: None. Abstain: None. Absent: None. 4. Subject: Approve the May 1 City Council minutes Recommended Action: Approve the May 1 City Council minutes 5. Subject: Approve the Third Quarter Financial Report and recommended budget adjustments for Fiscal Year 2017-18 Recommended Action: 1. Accept the City Manager's Third Quarter Financial Report for FY 2017-18 2. Approve the Third Quarter adjustments for FY 2017-18 as described in the Third Quarter Financial Report 3. Adopt Resolution No.18-044 approving Third Quarter budget adjustments 6. Subject: Fee waiver request from League of Women Voters of Cupertino-Sunnyvale for approximately $225 in facility use fees for the use of Community Hall on Monday, May 14, 2018 for a forum on Vallco and Wednesday, May 16, 2018 for candidate forums and a presentation on upcoming ballot measures. 113 City Council Minutes May 15, 2018 Recommended Action: Staff recommends approval of fee waiver request. Written communications for this item included emails to Council. Mayor Paul opened public comment and the following individuals spoke: Jennifer Griffin Lisa Warren Roberta Hollimon Mayor Paul closed public comment. Sinks moved and Chang seconded to recommend approval of fee waiver request from League of Women Voters of Cupertino-Sunnyvale for approximately $225 in facility use fees for the use of Community Hall on Monday, May 14, 2018 for a forum on Vallco and Wednesday, May 16, 2018 for candidate forums and a presentation on upcoming ballot measures. The motion carried with Scharf voting no and Paul abstaining. 7. Subject: Small Cell License Agreement with New Cingular Wireless PCS, LLC, d/b/a AT&T Wireless Recommended Action: Authorize the City Manager to enter into a Small Cell License Agreement with New Cingular Wireless PCS, LLC, d/b/a AT&T Wireless City Engineer Chad Mosley answered questions from Council. Sinks moved and Chang seconded to authorize the City Manager to enter into a Small Cell License Agreement with New Cingular Wireless PCS, LLC, d/b/a AT&T Wireless. The motion carried unanimously. 8. Subject: Application for Alcohol Beverage License for Cafe Mie Kari, LLC (dba Nanyang Kitchen), 10893 N. Wolfe Road Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Café Mie Kari, LLC (dba Nanyang Kitchen), 10893 N. Wolfe Road 9. Subject: Application for Alcohol Beverage License for TKS Restaurants, LLC (dba The Kebab Shop), 19700 Vallco Parkway, Suite 150 Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for TKS Restaurants, LLC (dba The Kebab Shop), 19700 Vallco Parkway, Suite 150 114 City Council Minutes May 15, 2018 10. Subject: Management Plan Contract for Water System Asset Planning & Valuation for the Cupertino Municipal Water System Recommended Action: Authorize the City Manager to negotiate and execute the Management Plan Contract for Water System Asset Planning & Valuation for the Cupertino Municipal Water System agreement with Kayuga Solution for an amount of $328,416 and approve a contingency of $21,584 for a total of $350,000 11. Subject: Agreement between the City of Cupertino and Pavement Engineering, Inc. for consultant services on various street asphalt and concrete improvement projects. Recommended Action: Approve an Agreement between the City of Cupertino and Pavement Engineering, Inc. (PEI) in the amount not to exceed $526,635 from the date of execution through June 30, 2019, and authorize the City Manager to negotiate and execute all necessary documents to carry out all consultant services for the various street asphalt and concrete and improvement projects. SECOND READING OF ORDINANCES - None PUBLIC HEARINGS 12. Subject: Tentative Map application to allow the subdivision of 3 parcels into 5 parcels - 4 residential and 1 common (private street), Tree Removal Permit to allow the removal and replacement of seven (7) protected trees and associated environmental review. (Application No(s).: TM-2015-01, TR-2016-28 (EA-2015-04) Applicant: Welkin International (Cai Xing Xie); Location: 10234 Scenic Blvd., APN#357-08-014, 047) Recommended Action: The Planning Commission recommends that the City Council deny the Project by concurring with the Planning Commission Resolution No. 6856 and the findings therein by; 1) Deny the Tentative Map Application to allow the subdivision of three parcels into five parcels - four residential and one common (private road); and 2) Deny the Tree Removal Permit to allow the removal and replacement of seven (7) protected trees Alternative Action: Consider Staff's recommendation to approve the project by adopting the draft Resolution No(s). and the findings therein; 1) Adopt Resolution No. 18-045 adopting a Mitigated Negative Declaration and a Mitigation Monitoring and Report Program for the proposed project; and 2) Adopt Resolution No. 18-046 approving the Tentative Map Application to allow the subdivision of 3 parcels into 5 parcels - 4 residential and 1 common (private road); and 3) Adopt Resolution No. 18-047 approving the Tree Removal Permit to allow the removal and replacement of seven (7) protected trees Written communications for this item included emails to Council and a staff presentation. 115 City Council Minutes May 15, 2018 Associate Planner Erick Serrano reviewed the staff report. Architect Lei Yuan, Arborist Richard Smith, Geotechnical Engineer Jonathan, Civil Engineer Mark Helton, and Attorney Richard Abdalah reviewed the proposal and answered questions from Council. Council recessed from 9:42 p.m. to 9:50 p.m. Mayor Paul opened the public hearing and the following individuals spoke: John Ghashghai (Cupertino resident) Kristi McGee (Cupertino resident) Nadine Carlton (Cupertino resident) Tom Trankle (Cupertino resident) Alex Carlton (Cupertino resident) Vishu Gupta (Cupertino resident) Joe Cleaver (Cupertino resident) speaking on behalf of the neighbors Ann Cleaver (Cupertino resident) speaking on behalf of the Audubon Society Patrick Kwok (Cupertino resident) Dennis Gaushell (Cupertino resident) Liana Crabtree (Cupertino resident) Mayor Paul closed the public hearing. Sinks moved and Scharf seconded to deny the project. The motion carried unanimously. ORDINANCES AND ACTION ITEMS 13. Subject: Approve a Public Agencies Post -Employment Benefits Section 115 Trust administered by a third-party administrator to be selected by the City's Audit Committee Recommended Action: Adopt Resolution No. 18-048 approving the Public Agencies Post- Employment Benefits Section 115 Trust administered by a third-party administrator to be selected by the City's Audit Committee Written communications for this item included a staff presentation. Business Systems Analyst Thomas Leung reviewed the staff report. Scharf moved and Sinks seconded to adopt Resolution No. 18-048 approving the Public Agencies Post-Employment Benefits Section 115 Trust administered by a third-party 116 City Council Minutes May 15, 2018 administrator to be selected by the City's Audit Committee. The motion carried unanimously. REPORTS BY COUNCIL AND STAFF 14. Subject: Annual Report on the Pavement Management Program Recommended Action: Receive the report. No action is required. Written communications for this item included a staff presentation. Assistant Director of Public Works Roger Lee reviewed the staff report. Council received the report. 15. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments Councilmembers highlighted the activities of their committees and various community events. ADJOURNMENT At 11:55 p.m., Mayor Paul adjourned the meeting. ___________________________ Grace Schmidt, City Clerk 117 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4036 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:5/29/2018 City Council On agenda:Final action:7/3/2018 Title:Subject: Approve the June 11 (Study Session) City Council minutes Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Action ByDate Action ResultVer. City Council7/3/2018 1 Subject: Approve the June 11 (Study Session) City Council minutes Approve the June 11 (Study Session) City Council minutes CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™118 DRAFT MINUTES CUPERTINO CITY COUNCIL Monday, June 11, 2018 SPECIAL CITY COUNCIL MEETING At 3:01 p.m. Mayor Darcy Paul called the Special City Council meeting to order in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and led the Pledge of Allegiance. Present: Mayor Darcy Paul, Vice Mayor Rod Sinks (3:06 p.m.), and Councilmembers Barry Chang, Steven Scharf, and Savita Vaidhyanathan. Absent: None. STUDY SESSION 1. Subject: Citywide Parks and Recreation System Master Plan Input Recommended Action: Accept presentation on the Citywide Parks and Recreation System Master Plan ("Master Plan") including potential park and recreation improvements and concepts for renovation of Memorial Park, and provide direction. Written communications for this item included feedback from the June 7 Parks and Recreation Commission meeting, hard copies of maps, and a presentation. Park Improvement Manager Gail Seeds reviewed the staff report and introduced the consultant Cindy Mendoza, Senior Project Manager of MIG, Inc. The consultant gave a presentation. The consultant and staff answered questions from Council. Mayor Paul opened public comment and the following individuals spoke: Shani Kleinhaus, on behalf of Santa Clara Valley Audubon Society Jennifer Griffin 119 City Council MINUTES June 11, 2018 Jean Bedord (Cupertino resident) Mayor Paul closed public comment. The consultant and staff continued with the presentation. Council provided the following direction for staff:  Continue to explore opportunities to provide swimming pool(s) for the public;  Majority favoring a multi-use building and not several separate ones;  Keep cricket field as a goal but have it be a community-oriented size & perhaps it could be achieved by partnering;  Conduct a short focused survey that is representative;  Parking will need to be addressed if a major facility is added. ORAL COMMUNICATIONS - None ADJOURNMENT At 5:20 p.m., Mayor Paul adjourned the meeting. _______________________________ Kirsten Squarcia, Deputy City Clerk 120 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3284 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:11/13/2017 City Council On agenda:Final action:7/3/2018 Title:Subject: Approve the June 19 City Council minutes Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Action ByDate Action ResultVer. City Council7/3/2018 1 Subject: Approve the June 19 City Council minutes Approve the June 19 City Council minutes CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™121 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, June 19, 2018 REGULAR CITY COUNCIL MEETING At 6:00 p.m. Mayor Darcy Paul called the Regular City Council meeting to order in the City Hall Conference Room A, 10300 Torre Avenue. Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang , Steven Scharf, and Savita Vaidhyanathan. Absent: None. CLOSED SESSION Council went into closed session and reconvened in open session at 6:45 p.m. in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue. 1. Subject: Conference with Real Property Negotiators (Government 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 Paul announced that the item was heard, direction was provided, and no final action was taken. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Darcy Paul reconvened the Regular City Council meeting in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance. ROLL CALL Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang, Steven Scharf, and Savita Vaidhyanathan. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS 122 City Council Minutes June 19, 2018 2. Subject: Proclamations to the 2018 CREST Award winners Recommended Action: Present proclamations to the 2018 CREST Award winners Mayor Paul presented proclamations to the 2018 CREST Award winners. 3. Subject: Proclamation to Public Works Department Stormwater Pollution Inspector Manny Barragan for his dedicated service to our community Recommended Action: Present proclamation to Public Works Department Stormwater Pollution Inspector Manny Barragan for his dedicated service to our community Mayor Paul presented a proclamation to Public Works Department Stormwater Pollution Inspector Manny Barragan for his dedicated service to our community. 4. Subject: Presentation from the Recreation and Community Services department recognizing July as National Park & Recreation Month Recommended Action: Receive presentation from the Recreation and Community Services department recognizing July as National Park & Recreation Month Written communications for this item included a staff presentation. Acting Director of Recreation and Community Services Christine Hanel gave a presentation regarding the department. Council received the presentation from the Recreation and Community Services department recognizing July as National Park & Recreation Month. POSTPONEMENTS – None City Clerk Grace Schmidt noted that item numbers 13 and 14 were listed under the wrong agenda header and should be under Ordinances and Action Items. She also noted that item number 15 under Public Hearings would need to be heard first followed by item number 14 and then 13. ORAL COMMUNICATIONS Janet Van Zoeren (Cupertino resident) on behalf of Housing Choices Cupertino Task Force talked about a Vallco Development Agreement. Brooke Ezzat (Cupertino resident) talked about the City Attorney’s absence on the dais. 123 City Council Minutes June 19, 2018 Randy Shingai talked about the Vallco EIR process (distributed written comments). Richard Lowenthal (Cupertino resident) talked about the Regnart Creek Trail. Mahesh Vegiraju (Cupertino resident) talked about the Regnart Creek Trail. Arnav Gokhale (Cupertino resident) talked about the Regnart Creek Trail. Aakash Gokhale (Cupertino resident) talked about the Regnart Creek Trail. Peggy Griffin (Cupertino resident) talked about the Vallco SB35 application. Jehannaz Destoor (Cupertino resident) talked about the Regnart Creek Trail. Megha Ilango (Cupertino resident) talked about the Regnart Creek Trail. Jennifer Griffin talked about lack of retail in Cupertino. Danessa Techmanski (Cupertino resident) talked about the Vallco SB35 application. Gary Wong (Cupertino resident) talked about the Regnart Creek Trail. Julia Miyakawa (Cupertino resident) talked about the Regnart Creek Trail. Res Dent (Cupertino resident) talked about the Vallco SB35 application. Jon Willey (Cupertino resident) talked about the Vallco SB35 application (distributed written comments) Liang Chao (Cupertino resident) talked about the Vallco SB35 application. Kitty Moore (Cupertino resident) talked about the Vallco SB35 application. Pete Heller (Cupertino resident) on behalf of the Bicycle Pedestrian Commission talked about the Regnart Creek Trail. Hannah Follweiler (Cupertino Resident) talked about the Vallco Specific Plan process. Nick Garcia (Cupertino resident) talked about the Regnart Creek Trail. 124 City Council Minutes June 19, 2018 Lisa Warren talked about the Vallco SB35 application. Council recessed from 8:05 p.m. to 8:13 p.m. Vice Mayor Sinks noted that he would recuse himself from participating in the study session and left the dais. STUDY SESSION 5. Subject: Proposed restructuring of Cupertino’s business license tax Recommended Action: Provide staff direction on a proposed restructuring of the Cupertino’s business license tax Written communications for this item included a letter to Council and a staff presentation. Deputy City Manager Jaqui Guzman reviewed the staff report. Staff answered questions from Council. Mayor Paul opened public comment and the following individuals spoke: Edward Hirshfield (Cupertino resident) Liang Chao (Cupertino resident) Dan Kostenbauder (Palo Alto resident) on behalf of Silicon Valley Leadership Group Connie Cunningham (Cupertino resident) Jennifer Griffin Kitty Moore (Cupertino resident) Andrew Walters (Cupertino resident) on behalf of Cupertino Chamber of Commerce Janet Van Zoeren (Cupertino resident) Outside counsel Michael Colantuono explained about general and specific tax measures and answered questions from Council. Andrew Walters from the Cupertino Chamber of Commerce answered additional questions from Council. Chang moved and Vaidhyanathan seconded to direct staff to bring back on July 3 draft language for both a specific and general tax for both 2018 and 2019 to be voted on separately. The motion failed with Chang and Vaidhyanathan voting yes, Paul and Scharf voting no, and Sinks recusing. No action was taken. 125 City Council Minutes June 19, 2018 Vaidhyanathan moved and Scharf seconded to direct staff to bring back on July 3 language for a specific tax measure for transit for a November 2019 special election with phasing for small business and to have a staff plan for outreach to the business community as well. The motion carried with Chang voting no and Sinks recusing. Council recessed from 10:13 p.m. to 10:20. Mayor Paul stepped away from the meeting and Vice Mayor Sinks took over as Chair. CONSENT CALENDAR Scharf moved and Chang seconded to approve the items on the Consent Calendar as presented with the exception of item numbers 6, 7, 8, and 9 which were pulled for discussion. Ayes: Sinks, Chang, Scharf, and Vaidhyanathan. Noes: None. Abstain: None. Absent: Paul. 6. Subject: Approve the June 4 (Study Session) City Council minutes Recommended Action: Approve the June 4 (Study Session) City Council minutes Written communications for this item included emails to Council. Vice Mayor Sinks opened public comment and the following individuals spoke: Janet Van Zoeren (Cupertino resident) on behalf of Housing Choices Cupertino Task Force Connie Cunningham (Cupertino resident) Vice Mayor Sinks closed public comment. Chang moved and Vaidhyanathan seconded to direct staff to double-check the video and add comments from Councilmembers to include extremely low income housing units and approved the minutes as amended. The motion carried with Paul absent. 7. Subject: Approve the June 5 City Council minutes Recommended Action: Approve the June 5 City Council minutes Written communications for this item included an email to Council. Vice Mayor Sinks opened public comment and the following individuals spoke: Randy Shingai (San Jose resident) 126 City Council Minutes June 19, 2018 Vice Mayor Sinks closed public comment. Chang moved and Vaidhyanathan seconded to approve the June 5 City Council minutes. The motion carried with Paul absent. Mayor Paul returned to the meeting. 8. Subject: Declare brush to be a potential fire hazard and set hearing for July 3 for determination of public nuisance and for objections to proposed removal Recommended Action: Adopt Resolution No. 18-062 declaring brush to be a potential fire hazard and set hearing for July 3 for determination of public nuisance and for objections to proposed removal Written communications for this item included an email from the Santa Clara County Fire Department. City Clerk Grace Schmidt noted that per the Santa Clara County Fire Department, all parcels were in compliance with the Wildlife Urban Interface Enforced Safety Regulations and there was no need to set a hearing date. Council concurred to table the item. 9. Subject: Agreement Extension and Amendment with Lifetime Tennis Inc., DBA Lifetime Activities Inc. Recommended Action: Authorize the City Manager to extend and amend the City's agreement with Lifetime Tennis Inc., DBA Lifetime Activities Inc. for six years (July 1, 2018 - June 30, 2024). Written communications for this item included an email to Council. Mayor Paul opened public comment and the following individual spoke on this item: Anthony Brittis (Cupertino resident) Mayor Paul closed public comment. Council recessed from 11:06 p.m. to 11:09 p.m. Dana Gill with Lifetime Activities, Inc. and Acting Director Christine Hanel answered questions from Council. 127 City Council Minutes June 19, 2018 Sinks moved and Scharf seconded to continue the item to authorize the City Manager to extend and amend the City's agreement with Lifetime Tennis Inc., DBA Lifetime Activities Inc. for six years (July 1, 2018 - June 30, 2024) to July 3 for staff to negotiate an agreement like the current one with a risk reward component for the City rather than a flat revenue model guarantee with no upside; and extend the current contract until there is a new agreement. The motion carried with Chang and Vaidhyanathan voting no. 10. Subject: Cooperative purchasing agreement with Packet Fus ion, Inc. for the technology refresh of the City's telephone system Recommended Action: Authorize the City Manager to negotiate and entering a cooperative purchasing agreement with Packet Fusion for Voice over Internet Protocol (VoIP) equipment, technical services, training and five years of maintenance for a total amount of $204,009 11. Subject: Agreement with Dan Gertmenian for the Math Olympiad education program for the period of July 1, 2018 - June 30, 2019. Recommended Action: Authorize the City Manager to execute an agreement with Dan Gertmenian for the Math Olympiad youth program for the one-year period of July 1, 2018 - June 30, 2019. 12. Subject: Application for Alcohol Beverage License for Dish N Dash, Inc (dba Dish N Dash), 20750 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Dish N Dash, Inc (dba Dish N Dash), 20750 Stevens Creek Boulevard SECOND READING OF ORDINANCES – None Mayor Paul reordered the agenda to hear item number 15 under the Public Hearings header next and to move item numbers 13 and 14 under the Ordinances and Action Items header and hear them in the following order : 14 followed by 13. PUBLIC HEARINGS 15. Subject: Ordinance amendment of the collection procedures for the City's Transient Occupancy Tax (TOT), which is a tax imposed on travelers when they rent accommodations within the City pursuant to Cupertino Municipal Code Title 3, Chapter 3.12 Recommended Action: 1. Conduct the first reading of Ordinance No. 18-2174: "An Ordinance of the City Council of the City of Cupertino amending Chapter 3.12 of the 128 City Council Minutes June 19, 2018 Municipal Code to provide for the collection of transient occupancy taxes from short-term rentals using internet-based/social media platforms"; and 2. Schedule the second reading of the ordinance for July 3 Deputy City Manager Jaqui Guzman reviewed the staff report. Mayor Paul left the meeting after the review of the staff report and Vice Mayor Sinks took over as Chair. Vice Mayor Sinks opened the public hearing and the following individual spoke: Jennifer Griffin Vice Mayor Sinks closed the public hearing. City Clerk Grace Schmidt read the title of the ordinance. Vaidhyanathan moved and Scharf seconded to read Ordinance No. 18-2174 by title only and that the City Clerk’s reading would constitute the first reading thereof. Ayes: Sinks, Chang, Scharf, and Vaidhyanathan. Noes: None. Abstain: None. Absent: Paul. ORDINANCES AND ACTION ITEMS 14. Subject: Agreement with Airbnb to collect transient occupancy taxes from its platform users who operate short-term rentals in Cupertino. Recommended Action: Authorize the City Manager to enter into a voluntary collection agreement with Airbnb to collect transient occupancy taxes owed to City from short-term rental operators in Cupertino using the Airbnb platform. Deputy City Manager Jaqui Guzman reviewed the staff report. Vice Mayor Sinks opened public comment and the following individual spoke: Jennifer Griffin Vice Mayor Sinks closed public comment. Vaidhyanathan moved and Scharf seconded to authorize the City Manager to enter into a voluntary collection agreement with Airbnb to collect transient occupancy taxes owed to 129 City Council Minutes June 19, 2018 City from short-term rental operators in Cupertino using the Airbnb platform. The motion carried with Paul absent. 13. Subject: Pogo Pilot Project Recommended Action: Approve extending the Pogo Pilot Project through June 30, 2019. Written communications for this item included a staff presentation. Senior Management Analyst Katy Nomura reviewed the staff report. Vaidhyanathan moved and Chang seconded to approve extending the Pogo Pilot Project through June 30, 2019. The motion carried with Paul absent. 16. Subject: Designation of voting delegate and alternates for League of California Cities Annual Conference, September 12-14, Long Beach Recommended Action: Designate a voting delegate and up to two alternates for League of California Cities Annual Conference, September 12-14, Long Beach Vaidhyanathan moved and Scharf seconded to designate Councilmember Scharf as the voting delegate (and no alternate) for the League of California Cities Annual Conference, September 12-14, Long Beach. The motion carried with Paul absent. REPORTS BY COUNCIL AND STAFF 17. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments Council concurred to direct staff to bring the Airbnb regulatory zoning program to the Planning Commission with a recommendation to City Council. City Manager David Brandt noted that the draft brochure for the City Manager recruitment was available for Council review. He also noted that staff would put the County report on affordable housing on the City’s website. Councilmembers highlighted the activities of their committees and various community events. ADJOURNMENT At 12:25 a.m. on Wednesday, June 20 , Vice Mayor Sinks adjourned the meeting. 130 City Council Minutes June 19, 2018 ___________________________ Grace Schmidt, City Clerk 131 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4099 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:6/13/2018 City Council On agenda:Final action:7/3/2018 Title:Subject: Accept Accounts Payable for the period ending April 27, 2018 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council7/3/2018 1 Subject: Accept Accounts Payable for the period ending April 27, 2018 Adopt Resolution No. 18-063 accepting Accounts Payable for the period ending April 27, 2018 CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™132 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 April 27, 2018 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: _____________________________ Zach Korach, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of July, 2018, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ __________________________________ Grace Schmidt, City Clerk Darcy Paul, Mayor, City of Cupertino 133 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Main Account - Main Checking Account Check 714381 04/27/2018 Open Accounts Payable 4LEAF INC $1,000.00 Invoice Date Description Amount J0525-18B 04/18/2018 Building FY 17-18 On Call Plan Review for 2018/03 $1,000.00 714382 04/27/2018 Open Accounts Payable Action Research $11,981.25 Invoice Date Description Amount AR18-1031 04/10/2018 Community Based Social Marketing Support 4/24/17 - 4/24/18 $11,981.25 714383 04/27/2018 Open Accounts Payable ADVANTAGE GRAFIX $426.19 Invoice Date Description Amount 41530 04/20/2018 Green Infrastructure poster on foam core $71.94 41501 04/16/2018 Safe Routes to School April 2018 Newsletters $59.95 41529 04/20/2018 Post Cards for Earth Day Festival $294.30 714384 04/27/2018 Open Accounts Payable ALEJANDRE, ARACELI $6.53 Invoice Date Description Amount 6.53 04/12/2018 Reimbursement $6.53 714385 04/27/2018 Open Accounts Payable ALHAMBRA & SIERRA SPRINGS $91.38 Invoice Date Description Amount 4984902 032418 03/24/2018 water $91.38 714386 04/27/2018 Reconciled 04/30/2018 Accounts Payable ALVERNAZ CONSTRUCTION $24,000.00 $24,000.00 $0.00 Invoice Date Description Amount 1972 04/23/2018 Grounds: Creekside Park - Sea Container Slab $24,000.00 714387 04/27/2018 Open Accounts Payable AVOCETTE TECHNOLOGIES INC $54,837.00 Invoice Date Description Amount 1803CU1 03/31/2018 Deliverable 6A - Configuration of Accela System $54,837.00 714388 04/27/2018 Open Accounts Payable B&H PHOTO VIDEO $5,424.00 Invoice Date Description Amount 141142337 04/23/2018 Wireless Microphones $5,424.00 714389 04/27/2018 Open Accounts Payable BALANCE HYDROLOGICS INC $3,990.66 Invoice Date Description Amount 216119-0318R 04/04/2018 SCC Park & Restore Phase 2 Monitoring - Payment #27 $3,990.66 714390 04/27/2018 Open Accounts Payable BRUCE E BIORDI $630.00 Invoice Date Description Amount 1802 04/03/2018 Feb-Mar 2018 -SO#10 Sprts Cntr Message Sign/SO#11 Snr Cntr Wlkwy $630.00 714391 04/27/2018 Open Accounts Payable CALLANDER ASSOCIATES LANDSCAPE $11,716.92 Invoice Date Description Amount 17056-8 04/23/2018 Services through 3/31/18 - I-280 Channel Trail Feasibility Study $11,716.92 714392 04/27/2018 Open Accounts Payable CENTURYLINK $22.11 Invoice Date Description Amount 04072018 04/07/2018 Emergency Phone Services 04.07-05.06 $22.11 Friday, May 11, 2018Pages: 1 of 10user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/21/2018 - To Payment Date: 4/27/2018 134 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 714393 04/27/2018 Open Accounts Payable CEPEDA, GILBERT $1,440.00 Invoice Date Description Amount 2018-00001329 04/24/2018 April classes $1,440.00 714394 04/27/2018 Open Accounts Payable CHICOBAG COMPANY $3,264.38 Invoice Date Description Amount CI-0000026305 04/23/2018 250 sea green and 250 purple reusable rePETE bags $3,264.38 714395 04/27/2018 Open Accounts Payable CHRISTOPHER IRELAND $10,000.00 Invoice Date Description Amount CIRELAND4001 12/18/2017 Ready 95014 IPS and Android Apps $10,000.00 714396 04/27/2018 Open Accounts Payable CINTAS CORPORATION $360.13 Invoice Date Description Amount 630451974 04/17/2018 Uniforms/Safety Apparel $360.13 714397 04/27/2018 Open Accounts Payable COMCAST $683.70 Invoice Date Description Amount 1155-04152018 04/15/2018 8155100050381155 3/20-5/19/18 $442.50 9917-041918 04/19/2018 9917 Comcast McClellan 4-24-18 - 5-23-18 $241.20 714398 04/27/2018 Open Accounts Payable COMCAST BUSINESS COMMUNICATIONS, LLC $1,008.93 Invoice Date Description Amount 63299548 04/01/2018 100 Mbps 3 sites $1,008.93 714399 04/27/2018 Reconciled 04/30/2018 Accounts Payable CUPERTINO CHAMBER OF COMMERCE $1,450.00 $1,450.00 $0.00 Invoice Date Description Amount 8772 09/01/2017 Chamber Membership fee $1,450.00 714400 04/27/2018 Open Accounts Payable DIVISION OF THE STATE ARCHITECT $464.60 Invoice Date Description Amount 2018-00001340 04/26/2018 SB 1186 State Payment $464.60 714401 04/27/2018 Reconciled 04/30/2018 Accounts Payable DRIVESAVERS DATA RECOVERY, INC. $2,804.00 $2,804.00 $0.00 Invoice Date Description Amount 974483 04/24/2018 Data Recovery for Quinlan Drives $2,804.00 714402 04/27/2018 Open Accounts Payable EDEN COUNCIL FOR HOPE $1,371.80 Invoice Date Description Amount ECHO Q3 FY 17-18 04/20/2018 BMR AHF PSG ECHO Q3 FY 17-18 $1,371.80 714403 04/27/2018 Open Accounts Payable EWING IRRIGATION $51.70 Invoice Date Description Amount 5115903 04/13/2018 Grounds-Memorial Park: Athletic Marking Chalk $51.70 714404 04/27/2018 Open Accounts Payable Friends of Vision Literacy $420.00 Invoice Date Description Amount 042318 04/23/2018 ESL - Intermediate 3/7-4/25 (21 Students)$420.00 714405 04/27/2018 Open Accounts Payable GRIFFIN PAINTING INC $2,890.00 Invoice Date Description Amount 18058903 02/27/2018 Blackberry Farms Trail $2,890.00 Friday, May 11, 2018Pages: 2 of 10user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/21/2018 - To Payment Date: 4/27/2018 135 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 714406 04/27/2018 Open Accounts Payable HARRIS & ASSOCIATES $2,700.00 Invoice Date Description Amount 37401 04/16/2018 Parcel Map for 22045 Regnart Rd $2,700.00 714407 04/27/2018 Reconciled 04/30/2018 Accounts Payable HINDERLITER, DE LLAMAS & ASSOCIATES $5,000.00 $5,000.00 $0.00 Invoice Date Description Amount 0027917-IN 11/20/2017 Economic Development Services: Void Analysis $5,000.00 714408 04/27/2018 Open Accounts Payable HMH ENGINEERS INC $1,909.00 Invoice Date Description Amount 33896 04/10/2018 Payment 32 - Cordova & Regnart Retaining Walls $1,909.00 714409 04/27/2018 Open Accounts Payable Hom, Randolph, Stevenson $63.00 Invoice Date Description Amount 030318-0423218 04/02/2018 Reimbursement $55.00 04102018 04/10/2018 Reimbursement $8.00 714410 04/27/2018 Open Accounts Payable HSIEH, BENNY $125.00 Invoice Date Description Amount BennyH120117 12/01/2017 BennyH120117 Phone Reimburse $25.00 BennyH010118 01/01/2018 BennyH010118 Phone Reimburse $25.00 BennyH020118 02/01/2018 BennyH022118 Phone Reimburse $25.00 BennyH030118 03/01/2018 BennyH030118 Phone Reimburse $25.00 BennyH040118 04/01/2018 BennyH040118 Phone Reimburse $25.00 714411 04/27/2018 Reconciled 04/30/2018 Accounts Payable HU, POLLY $1,170.20 $1,170.20 $0.00 Invoice Date Description Amount 042318 04/23/2018 Line Dance 3/1-4/19; Zumba Gold 3/7-4/25; 13/10 Students $795.20 2018-00001326 04/24/2018 April classes $375.00 714412 04/27/2018 Open Accounts Payable HYDRA TMDL SYSTEMS INC $550.00 Invoice Date Description Amount i129927-2 04/05/2018 Hydra blade stickers for 10 inlet screens $550.00 714413 04/27/2018 Open Accounts Payable ICMA MEMBERSHIP RENEWALS $1,391.00 Invoice Date Description Amount ICMA942210 2018 04/19/2018 ICMA Membership Renewal 2018 ToniO $175.00 ICMA551298 2018 04/19/2018 ICMA Membership Renewal 2018 Jaqui G $1,216.00 714414 04/27/2018 Reconciled 04/30/2018 Accounts Payable IMPERIAL SPRINKLER SUPPLY $311.09 $311.09 $0.00 Invoice Date Description Amount 3284476-00 04/09/2018 Trees&Row: Misc Irrigation Supplies $311.09 714415 04/27/2018 Open Accounts Payable JAIN, ARCHANA $140.00 Invoice Date Description Amount 2018-00001319 04/24/2018 April classes $140.00 714416 04/27/2018 Reconciled 04/30/2018 Accounts Payable JAM SERVICES INC $4,866.85 $4,866.85 $0.00 Invoice Date Description Amount 104906 04/13/2018 Final payment - Model 332 Cabinet 12" Rack, CCTV Terminal Strip $4,011.20 104907 04/13/2018 Final payment - TV-2-T w/ Tunnel Visors & Backplates $855.65 Friday, May 11, 2018Pages: 3 of 10user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/21/2018 - To Payment Date: 4/27/2018 136 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 714417 04/27/2018 Open Accounts Payable John Cahalan Landscape Architect $2,136.00 Invoice Date Description Amount 4 - 2018-08 04/20/2018 Services from 3/6/18 - 4/20/18 -Senior Center Paving Replacement $2,136.00 714418 04/27/2018 Reconciled 04/30/2018 Accounts Payable Keith Day Company, Inc.$900.00 $900.00 $0.00 Invoice Date Description Amount 10154 04/11/2018 compost deliverd to compost site - 2 loads $600.00 10149 04/11/2018 compost delivery to compost site $300.00 714419 04/27/2018 Open Accounts Payable KIMBALL-MIDWEST $253.93 Invoice Date Description Amount 6276711 04/11/2018 General Supplies $253.93 714420 04/27/2018 Reconciled 04/30/2018 Accounts Payable LEAGUE OF CALIFORNIA CITIES $250.00 $250.00 $0.00 Invoice Date Description Amount 57339 04/20/2018 Website Job AD Western City Magazine $250.00 714421 04/27/2018 Open Accounts Payable MERRY MART UNIFORMS, INC.$125.35 Invoice Date Description Amount 8140 04/06/2018 Embroidery - logo for 20 shirts $125.35 714422 04/27/2018 Open Accounts Payable Mersich, Misty $1,254.30 Invoice Date Description Amount MistyM04172018 04/17/2018 Reimbursement for Earth Day and transportation expenses $1,254.30 714423 04/27/2018 Open Accounts Payable MONTGOMERY, KAE $480.00 Invoice Date Description Amount 2018-00001180 03/27/2018 March payment $360.00 2018-00001324 04/24/2018 April classes $120.00 714424 04/27/2018 Open Accounts Payable MOUNTAIN VIEW GARDEN CENTER $821.75 Invoice Date Description Amount 93980 04/20/2018 Grounds-Memorial Park: Mini Bark $741.20 93981 04/20/2018 Grounds-Neighborhood Parks: Topsoil $80.55 714425 04/27/2018 Open Accounts Payable NAPA Auto Parts $198.78 Invoice Date Description Amount 540359 04/23/2018 Brake pads, wheel seal, oil filter $89.16 539809 04/16/2018 Hydraulic Filters $27.73 539567 04/13/2018 Light $51.07 540332 04/23/2018 Air Filters $30.82 714426 04/27/2018 Open Accounts Payable OFFICE DEPOT $336.43 Invoice Date Description Amount 123681767001 04/06/2018 Office Supplies $54.24 124013624001 04/09/2018 Admin: Hanging Folders $102.85 123615974001 04/06/2018 Pads, SS, 12 Pk $4.35 127702820001 04/17/2018 office supplies for budget $86.98 127670343001 04/17/2018 Sculpt ergonomic keyboard for Chris Corrao $88.01 714427 04/27/2018 Reconciled 04/30/2018 Accounts Payable ORCHARD BUSINESS $147.02 $147.02 $0.00 Invoice Date Description Amount OSH041718 03/16/2018 Street Sign Markings: Misc Supplies $147.02 Friday, May 11, 2018Pages: 4 of 10user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/21/2018 - To Payment Date: 4/27/2018 137 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 714428 04/27/2018 Open Accounts Payable PACIFIC RACING ASSOCIATION $881.50 Invoice Date Description Amount 68776 / 61700 04/25/2018 Payment for 32 turf club admissions at $41 pp, less $430.50 depo $881.50 714429 04/27/2018 Open Accounts Payable Quench USA, Inc $228.93 Invoice Date Description Amount INV01168758 04/01/2018 Drinking Water Dispenser Rental-Corp Yard $76.31 INV01162764 04/01/2018 Drinking Water Dispenser Rental- Franco Ct.$76.31 INV01165635 04/01/2018 Drinking Water Dispenser Rental-City Hall $76.31 714430 04/27/2018 Reconciled 04/30/2018 Accounts Payable RANES-GOLDBERG, MONICA $629.00 $629.00 $0.00 Invoice Date Description Amount 2018-00001323 04/24/2018 April classes $629.00 714431 04/27/2018 Reconciled 04/30/2018 Accounts Payable RAO, GEETHA $245.00 $245.00 $0.00 Invoice Date Description Amount 2018-00001322 04/24/2018 April classes $245.00 714432 04/27/2018 Reconciled 04/30/2018 Accounts Payable RONALD D OLDS $360.00 $360.00 $0.00 Invoice Date Description Amount 5212 04/16/2018 City Clerk ProBlox; control lines test $360.00 714433 04/27/2018 Open Accounts Payable RUBY CHEN $315.00 Invoice Date Description Amount 2018-00001325 04/24/2018 April classes $315.00 714434 04/27/2018 Open Accounts Payable SANTA CLARA COUNTY SHERIFF DEPT $2,691.29 Invoice Date Description Amount 1800062546 04/18/2018 Law Enforcement for Big Bunny run 2018 $2,691.29 714435 04/27/2018 Open Accounts Payable SANTA CLARA CTY SHERIFF (FINGERPR.) $330.00 Invoice Date Description Amount 1800062490 04/25/2018 Live Scan Services- Mar. 2018 $330.00 714436 04/27/2018 Open Accounts Payable SAVANT SOLUTIONS $3,067.50 Invoice Date Description Amount SS-00141 04/24/2018 Network Engineer for VMWare Environment and remote calls $3,067.50 714437 04/27/2018 Open Accounts Payable SCHWAAB INC $80.92 Invoice Date Description Amount 2751126 03/14/2018 signature stamp for new mayor and code enforcement $80.92 714438 04/27/2018 Open Accounts Payable SILICON VALLEY BICYCLE COALITION $1,000.00 Invoice Date Description Amount 145 04/19/2018 4/17/18 YMCA Workshop $1,000.00 714439 04/27/2018 Open Accounts Payable SPIKES GOLF SUPPLIES, INC.$477.97 Invoice Date Description Amount 758943 03/29/2018 Golf Shop Merchandise $477.97 Friday, May 11, 2018Pages: 5 of 10user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/21/2018 - To Payment Date: 4/27/2018 138 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 714440 04/27/2018 Open Accounts Payable STAPLES BUSINESS ADVANTAGE $16.34 Invoice Date Description Amount 3374928922 04/13/2018 Envelopes for Front Desk $16.34 714441 04/27/2018 Reconciled 04/30/2018 Accounts Payable SUNNYVALE FORD $85.36 $85.36 $0.00 Invoice Date Description Amount 121295 04/19/2018 Cut Key for #433 $85.36 714442 04/27/2018 Open Accounts Payable TED PENG $55.00 Invoice Date Description Amount TedP040318 04/03/2018 TedP Phone Reimburse 3/4/18 - 4/3/18 $55.00 714443 04/27/2018 Open Accounts Payable THOMSON REUTERS - WEST $892.98 Invoice Date Description Amount 837963134 04/01/2018 Subscription 030118-033118 $892.98 714444 04/27/2018 Reconciled 04/30/2018 Accounts Payable TRIP STOP SIDEWALK REPAIR INC.$24,500.00 $24,500.00 $0.00 Invoice Date Description Amount 2355 04/16/2018 Final payment - Sidewalk Offset Repairs at Various Locations $24,500.00 714445 04/27/2018 Open Accounts Payable TURF & INDUSTRIAL EQUIPMENT CO $3,319.42 Invoice Date Description Amount IV25461 04/23/2018 Valve $884.56 IV25578 04/23/2018 Valve Clear $19.08 RO24124 04/23/2018 Tractor Equipment Repair $2,415.78 714446 04/27/2018 Open Accounts Payable U S HEALTHWORKS MEDICAL GROUP PC $100.00 Invoice Date Description Amount 3308733-CA 04/20/2018 TB SKIN TESTS $100.00 714447 04/27/2018 Reconciled 04/30/2018 Accounts Payable WATERSAVERS IRRIGATION, INC.$238.48 $238.48 $0.00 Invoice Date Description Amount 1962793-00 04/20/2018 Grounds: White Chalk 4 Baseball Fields $59.59 1962787-00 04/20/2018 Grounds-Neighbor Parks:Cutter, PVC Saw, Riser Extractor, etc. $178.89 714448 04/27/2018 Open Accounts Payable WEST VALLEY COMMUNITY SVCS AGENCY $14,794.36 Invoice Date Description Amount WVCS VV Q3FY1718 04/20/2018 CDBG Capital Housing WVCS VV Q3 FY 17-18 $14,794.36 714449 04/27/2018 Open Accounts Payable WESTERN SYSTEMS $23,417.32 Invoice Date Description Amount 0000035695 04/18/2018 Final payment - Clary OPB1241 41 AH Battery 12V & Recycling Fee $23,417.32 714450 04/27/2018 Open Accounts Payable WHOLE BRAIN HEALTH INITIATIVE $157.50 Invoice Date Description Amount 042318 04/23/2018 Brain Club 3/5-4/23 (15 Students)$157.50 714451 04/27/2018 Reconciled 04/30/2018 Accounts Payable YEE, ANITA $152.00 $152.00 $0.00 Invoice Date Description Amount 2018-00001321 04/24/2018 April classes $152.00 Friday, May 11, 2018Pages: 6 of 10user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/21/2018 - To Payment Date: 4/27/2018 139 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 714452 04/27/2018 Reconciled 04/30/2018 Accounts Payable Arvind, Krishna $500.00 $500.00 $0.00 Invoice Date Description Amount 2018-00001285 04/18/2018 1104 Elmsford Dr - Encroachment Bond - BS13113 $500.00 714453 04/27/2018 Open Accounts Payable Duncan, Dexter $2,000.00 Invoice Date Description Amount 2018-00001305 04/18/2018 18763 Barnhart Ave - Encroachment Bond - #203807 $2,000.00 714454 04/27/2018 Open Accounts Payable Gate of Heaven Catholic Cemeteries $56.83 Invoice Date Description Amount 2018-00001284 04/18/2018 22555 Cristo Rey Dr - Remaining Geotech Dpst - BS16266 $56.83 714455 04/27/2018 Reconciled 04/30/2018 Accounts Payable Golden West Industrial Supply $225.43 $225.43 $0.00 Invoice Date Description Amount 2089735 03/13/2018 Golf Towels for Retail $225.43 714456 04/27/2018 Open Accounts Payable Lee, Isaac $5,000.00 Invoice Date Description Amount 2018-00001311 04/18/2018 10123 N Wolfe Rd - Encroachment Bond - #216383 $5,000.00 714457 04/27/2018 Reconciled 04/27/2018 Accounts Payable Lettire, Jim $2,000.00 $2,000.00 $0.00 Invoice Date Description Amount 2018-00001314 04/18/2018 10869 N. Wolfe Rd. - Encroachment Bond - #216110 $2,000.00 714458 04/27/2018 Open Accounts Payable Lozares, Brad $120.00 Invoice Date Description Amount BL41818 04/18/2018 Golf Balls for Retail $120.00 714459 04/27/2018 Open Accounts Payable Silicon Valley Association of Realtors $1,000.00 Invoice Date Description Amount 2018-00001283 04/18/2018 10050 N Foothill Blvd - Encroachment Bond - #214470 $1,000.00 714460 04/27/2018 Open Accounts Payable Sun, Amadies $500.00 Invoice Date Description Amount 2018-00001289 04/18/2018 7478 Fallenleaf Ln - Encroachment Bond - BS12984 $500.00 714461 04/27/2018 Reconciled 04/30/2018 Accounts Payable Tien, Po-Yang $2,886.50 $2,886.50 $0.00 Invoice Date Description Amount 2018-00001304 04/18/2018 20550 Blossom Ln - Encroachment Bond - BS16327 $2,886.50 714462 04/27/2018 Open Accounts Payable Tony Schwee Permit $1,000.00 Invoice Date Description Amount 2018-00001312 04/18/2018 943 Rose Blossom Dr - Encroachment Bond - BS13096 $1,000.00 714463 04/27/2018 Open Accounts Payable USPS $100.00 Invoice Date Description Amount 2018-00001310 04/23/2018 Activate EPS mailing account 1000001189- deposit $100.00 714464 04/27/2018 Open Accounts Payable Villa Serra $2,000.00 Invoice Date Description Amount 2018-00001313 04/18/2018 20800 Homestead Rd, permit #5170 - Encroachment Bond - BS8170 $2,000.00 714465 04/27/2018 Reconciled 04/30/2018 Accounts Payable Yang, Ya-Ling $3,000.00 $3,000.00 $0.00 Invoice Date Description Amount 2018-00001309 04/18/2018 10553 La Roda Dr - Encroachment Bond -#204735 $3,000.00 Friday, May 11, 2018Pages: 7 of 10user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/21/2018 - To Payment Date: 4/27/2018 140 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Type Check Totals:85 Transactions $263,889.61 $75,720.93 $0.00 EFT 27529 04/26/2018 Reconciled 04/26/2018 Accounts Payable P E R S $655.12 $655.12 $0.00 Invoice Date Description Amount 040118 04/01/2018 0503 - *PERS Council Tier 1*$655.12 27530 04/23/2018 Reconciled 04/23/2018 Accounts Payable EMPLOYMENT DEVEL DEPT $32,111.66 $32,111.66 $0.00 Invoice Date Description Amount 04132018 04/13/2018 CA - CA State Tax $32,111.66 27531 04/23/2018 Reconciled 04/23/2018 Accounts Payable IRS $109,576.50 $109,576.50 $0.00 Invoice Date Description Amount 04132018 04/13/2018 FED - Federal Tax*$109,576.50 27532 04/26/2018 Reconciled 04/26/2018 Accounts Payable P E R S $129,313.76 $129,313.76 $0.00 Invoice Date Description Amount 04132018 04/13/2018 0541 - *PERS Employee Tier 2*$129,313.76 27533 04/27/2018 Reconciled 04/27/2018 Accounts Payable ABAG PLAN CORPORATION $1,084.10 $1,084.10 $0.00 Invoice Date Description Amount PLAN-2017-18-176 04/17/2018 Claims $1,084.10 27534 04/27/2018 Reconciled 04/27/2018 Accounts Payable AYYAGARI, BHUVNA $440.00 $440.00 $0.00 Invoice Date Description Amount 2018-00001327 04/24/2018 April classes $440.00 27535 04/27/2018 Reconciled 04/27/2018 Accounts Payable BIKLEN, CHELSEA $1,350.00 $1,350.00 $0.00 Invoice Date Description Amount BIKLEN2018 04/25/2018 Tuition Reimbursement Fall 2017- Spring 2018 $1,350.00 27536 04/27/2018 Reconciled 04/27/2018 Accounts Payable CP6CPC, LLC $5,825.08 $5,825.08 $0.00 Invoice Date Description Amount 05012018 04/23/2018 Rent May 2018 $5,825.08 27537 04/27/2018 Reconciled 04/27/2018 Accounts Payable CRUZ, RAYCHEL $3,517.00 $3,517.00 $0.00 Invoice Date Description Amount 2018-00001328 04/24/2018 April classes $3,517.00 27538 04/27/2018 Reconciled 04/27/2018 Accounts Payable GRACE SCHMIDT $462.00 $462.00 $0.00 Invoice Date Description Amount 2018-00001315 04/24/2018 City Clerk's Association Annual Conference in Berkely $462.00 27539 04/27/2018 Reconciled 04/27/2018 Accounts Payable HILL, JENNIFER $140.00 $140.00 $0.00 Invoice Date Description Amount 2018-00001316 04/24/2018 April classes $140.00 27540 04/27/2018 Reconciled 04/27/2018 Accounts Payable KEVIN RIEDEN $220.00 $220.00 $0.00 Invoice Date Description Amount KevinR032018 03/20/2018 Cell phone reimbursement 11/21/17 - 3/20/18 $220.00 27541 04/27/2018 Reconciled 04/27/2018 Accounts Payable KONGBOON, SA-AD $240.00 $240.00 $0.00 Invoice Date Description Amount 2018-00001317 04/24/2018 April classes $240.00 27542 04/27/2018 Reconciled 04/27/2018 Accounts Payable MARY REDWINE $165.00 $165.00 $0.00 Invoice Date Description Amount Maryr020818 02/08/2018 cell phone reimbursement for stmt 020818 $55.00 Maryr030818 03/08/2018 cell phone reimbursement for stmt 030818 $55.00 Friday, May 11, 2018Pages: 8 of 10user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/21/2018 - To Payment Date: 4/27/2018 141 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Maryr0408018 04/08/2018 cell phone reimbursment for stmt 040818 $55.00 27543 04/27/2018 Reconciled 04/27/2018 Accounts Payable MERCHANT, TEJAL $160.00 $160.00 $0.00 Invoice Date Description Amount 2018-00001318 04/24/2018 April classes $160.00 27544 04/27/2018 Reconciled 04/27/2018 Accounts Payable MITCHELL, BILL $570.70 $570.70 $0.00 Invoice Date Description Amount BillM040518 04/05/2018 BillM040518 Reimburse Travel GIS CIO Conference $570.70 27545 04/27/2018 Reconciled 04/27/2018 Accounts Payable OH, JENNIFER $36.00 $36.00 $0.00 Invoice Date Description Amount 042318 04/23/2018 Nutrition Made Easy 4-14-18 (1 additional student)$36.00 27546 04/27/2018 Reconciled 04/27/2018 Accounts Payable PROFESSIONAL TURF MGMNT INC $17,000.00 $17,000.00 $0.00 Invoice Date Description Amount 814 04/20/2018 Golf Course Maintenance $17,000.00 27547 04/27/2018 Reconciled 04/27/2018 Accounts Payable SMART & FINAL $289.00 $289.00 $0.00 Invoice Date Description Amount 041318 04/13/2018 supplies $289.00 27548 04/27/2018 Reconciled 04/27/2018 Accounts Payable SWICK, MELISSA $880.00 $880.00 $0.00 Invoice Date Description Amount 2018-00001320 04/24/2018 April classes $880.00 Type EFT Totals:20 Transactions $304,035.92 $304,035.92 $0.00 Main Account - Main Checking Account Totals Checks Status Count Transaction Amount Reconciled Amount Open 63 $188,168.68 $0.00 Reconciled 22 $75,720.93 $75,720.93 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 85 $263,889.61 $75,720.93 Friday, May 11, 2018Pages: 9 of 10user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/21/2018 - To Payment Date: 4/27/2018 142 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference EFTs Status Count Transaction Amount Reconciled Amount Open 0 $0.00 $0.00 Reconciled 20 $304,035.92 $304,035.92 Voided 0 $0.00 $0.00 Total 20 $304,035.92 $304,035.92 All Status Count Transaction Amount Reconciled Amount Open 63 $188,168.68 $0.00 Reconciled 42 $379,756.85 $379,756.85 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 105 $567,925.53 $379,756.85 Grand Totals: Checks Status Count Transaction Amount Reconciled Amount Open 63 $188,168.68 $0.00 Reconciled 22 $75,720.93 $75,720.93 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 85 $263,889.61 $75,720.93 EFTs Status Count Transaction Amount Reconciled Amount Open 0 $0.00 $0.00 Reconciled 20 $304,035.92 $304,035.92 Voided 0 $0.00 $0.00 Total 20 $304,035.92 $304,035.92 All Status Count Transaction Amount Reconciled Amount Open 63 $188,168.68 $0.00 Reconciled 42 $379,756.85 $379,756.85 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 105 $567,925.53 $379,756.85 Friday, May 11, 2018Pages: 10 of 10user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/21/2018 - To Payment Date: 4/27/2018 143 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Main Account - Main Checking Account Check 714466 04/27/2018 Open Miscellaneous Billing Refund Crown Castle USA, Inc.$25.35 Type Check Totals:1 Transactions $25.35 Main Account - Main Checking Account Totals Checks Status Count Transaction Amount Reconciled Amount Open 1 $25.35 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 1 $25.35 $0.00 EFTs Status Count Transaction Amount Reconciled Amount Open 0 $0.00 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Total 0 $0.00 $0.00 All Status Count Transaction Amount Reconciled Amount Open 1 $25.35 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 1 $25.35 $0.00 Grand Totals: Checks Status Count Transaction Amount Reconciled Amount Open 1 $25.35 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 1 $25.35 $0.00 EFTs Status Count Transaction Amount Reconciled Amount Open 0 $0.00 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Total 0 $0.00 $0.00 All Status Count Transaction Amount Reconciled Amount Open 1 $25.35 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 1 $25.35 $0.00 Friday, May 11, 2018Pages: 1 of 1user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/21/2018 - To Payment Date: 4/27/2018 144 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4100 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:6/13/2018 City Council On agenda:Final action:7/3/2018 Title:Subject: Accept Accounts Payable for the period ending May 4, 2018 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council7/3/2018 1 Subject: Accept Accounts Payable for the period ending May 4, 2018 Adopt Resolution No. 18-064 accepting Accounts Payable for the period ending May 4, 2018 CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™145 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 May 4, 2018 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: _____________________________ Zach Korach, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of July, 2018, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Darcy Paul, Mayor, City of Cupertino 146 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Main Account - Main Checking Account Check 714467 05/04/2018 Open Accounts Payable 4LEAF INC $4,836.70 Invoice Date Description Amount J1181LL 04/23/2018 FY 17-18 On Call Building Inspection $4,836.70 714468 05/04/2018 Open Accounts Payable ALAN TAKAHASHI $391.24 Invoice Date Description Amount 2018 PC Academy 04/24/2018 2018 PC Academy - Monterey $391.24 714469 05/04/2018 Open Accounts Payable ALHAMBRA & SIERRA SPRINGS $103.27 Invoice Date Description Amount 4950379041418 04/14/2018 27837474950379 $103.27 714470 05/04/2018 Open Accounts Payable ALL STAR GLASS $447.68 Invoice Date Description Amount WSJ056507 04/24/2018 Windshield $447.68 714471 05/04/2018 Open Accounts Payable Alta Planning and Design $6,229.50 Invoice Date Description Amount 00-2017-173-7 02/15/2018 Services through 1/31/18 - Bicycle Wayfinding Signage Program $6,229.50 714472 05/04/2018 Open Accounts Payable AMERICAN FOR THE ARTS $75.00 Invoice Date Description Amount 148483 04/01/2018 Fine Arts Commission Membership $75.00 714473 05/04/2018 Open Accounts Payable AMERICAN PLANNING ASSOCIATION $448.00 Invoice Date Description Amount 260247-1841 04/06/2018 APA membership renewal JT $448.00 714474 05/04/2018 Open Accounts Payable AT&T $2,543.92 Invoice Date Description Amount 11203994 04/12/2018 9391023215 (233-281-4421) 3/12-4/11/18 $110.07 11203993 04/12/2018 9391023216 (233-281-5494) 3/12-4/11/18 $99.08 11203992 04/12/2018 9391023217 (237-361-8095) 3/12-4/11/18 $88.51 11203991 04/12/2018 9391023218 (238-371-7141) 3/12-4/11/18 $69.71 11203895 04/12/2018 9391023221 (408-253-9200) 3/12-4/11/18 $63.92 11203896 04/12/2018 9391023222 (408-517-0211) 3/12-4/11/18 $20.37 11203897 04/12/2018 9391023223 3/12-4/11/18 $98.05 11203899 04/12/2018 9391023225 (408-777-8204) 3/12-4/11/18 $22.07 11203901 04/12/2018 9391023227 (408-996-9248) 3/12-4/11/18 $19.29 11182630 04/12/2018 9391051384 3/10-4/9/18 $1,952.85 714475 05/04/2018 Open Accounts Payable BAY AREA PRINTER & DATA SVCS INC $266.45 Invoice Date Description Amount 18707 05/02/2018 Bay Area Printer & Data Services (Cyan Laser Toner Cartridge) $107.91 18708 05/03/2018 Print cartridges $158.54 714476 05/04/2018 Open Accounts Payable BOETHING TREELAND FARMS INC $1,342.41 Invoice Date Description Amount SI-1152421 04/19/2018 Grounds: Lavender and Quercus Lobata $998.35 Friday, May 11, 2018Pages: 1 of 14user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/28/2018 - To Payment Date: 5/4/2018 147 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference SI-1152540 04/19/2018 Trees/ROW: 'Little John' plants $344.06 714477 05/04/2018 Open Accounts Payable CALIF BUILDING OFFICIALS (CALBO) $360.00 Invoice Date Description Amount 10696 04/27/2018 CALBO Website Job Ad.$360.00 714478 05/04/2018 Open Accounts Payable CALLANDER ASSOCIATES LANDSCAPE $3,721.00 Invoice Date Description Amount 18004-3 04/27/2018 Services through 3/31/18 - McClellan Ranch Community Garden $1,121.00 18014-1 04/27/2018 Services through 3/31/18 - McClellan Ranch Trash Enclosure $2,600.00 714479 05/04/2018 Open Accounts Payable CINTAS CORPORATION $359.33 Invoice Date Description Amount 630459187 05/01/2018 Uniforms/Safety Apparel $359.33 714480 05/04/2018 Open Accounts Payable CINTAS FIRE PROTECTION $2,439.83 Invoice Date Description Amount 0F44117439 04/02/2018 Senior Center Fire Alarm Repair: Labor & materials $2,439.83 714481 05/04/2018 Open Accounts Payable CISCO WEBEX LLC $54.36 Invoice Date Description Amount 7543896 04/20/2018 Webex $54.36 714482 05/04/2018 Open Accounts Payable Colonial Life & Accident Insurance $319.59 Invoice Date Description Amount 04272018 04/27/2018 4800 - *Colonial Products - Pre-Tax*$319.59 714483 05/04/2018 Open Accounts Payable COMCAST $257.95 Invoice Date Description Amount 1232-04232018 04/23/2018 8155100050011232 5/1-5/31/18 $257.95 714484 05/04/2018 Open Accounts Payable Commercial Media Systems $8,685.82 Invoice Date Description Amount 13637 05/01/2018 Senior Center - Exercise Room $8,685.82 714485 05/04/2018 Open Accounts Payable Community Health Charities of California $257.00 Invoice Date Description Amount 04272018 04/27/2018 4400 - Community Health Charities $257.00 714486 05/04/2018 Open Accounts Payable CONTRACT SWEEPING SERVICES INC $15,534.48 Invoice Date Description Amount 18000431 04/15/2018 street sweeping April 2018 $11,637.48 18000467 04/28/2018 Additional street sweeping on Foothill April 2018 $3,897.00 714487 05/04/2018 Open Accounts Payable CORIX WATER PRODUCTS (US) INC $626.74 Invoice Date Description Amount 17813000106 01/03/2018 Grounds-Mdmorial Park: Rags, PVC Cement, etc.$52.03 17813007928 03/23/2018 Grounds-Neighborhood Parks: Rubber Rebuild Kit, Bolds, Nuts, $215.55 17813011075 04/24/2018 Medians&Row: Wilkins, Brass Ball Valve $359.16 Friday, May 11, 2018Pages: 2 of 14user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/28/2018 - To Payment Date: 5/4/2018 148 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 714488 05/04/2018 Open Accounts Payable CUPERTINO SUPPLY INC $77.41 Invoice Date Description Amount 170041 05/23/2018 Facilities: PAS4817 $35.44 169198 04/11/2018 Facilities:-Sport Center Brass Spud $41.97 714489 05/04/2018 Open Accounts Payable CUSD $504.28 Invoice Date Description Amount AT18-00030 04/24/2018 De Vargas busing to McClellan for creek education $504.28 714490 05/04/2018 Open Accounts Payable DAVID J POWERS & ASSOCIATES $140,549.97 Invoice Date Description Amount 22244 04/19/2018 Vallco #805 Specific Plan EIR 2018/03 $140,549.97 714491 05/04/2018 Open Accounts Payable DELL MARKETING L.P.$34,624.53 Invoice Date Description Amount 10238627388 04/27/2018 Adobe Acrobat Pro, Creative Cloud, Photoshop $34,624.53 714492 05/04/2018 Open Accounts Payable Dinh, Giang $463.78 Invoice Date Description Amount Giangd042218 04/22/2018 Tyler conference travel reimbursement 4/22-4/25 $463.78 714493 05/04/2018 Open Accounts Payable DIRECTV $165.98 Invoice Date Description Amount 34068228862 05/01/2018 DirecTV (4/25/18 - 5/24/18)$165.98 714494 05/04/2018 Open Accounts Payable ECONOMIC & PLANNING SYSTEMS INC $18,959.25 Invoice Date Description Amount 171128-3 02/28/2018 Vallco #805 Specific Plan Fiscal Impact Analysis 2018/02 $10,747.50 171128-4 03/31/2018 Vallco #805 Specific Plan Fiscal Impact Analysis 2018/03 $8,211.75 714495 05/04/2018 Open Accounts Payable EPAC TECHNOLOGIES INC $379.25 Invoice Date Description Amount E306397 04/23/2018 5000 COC#10 envelope w/logo $379.25 714496 05/04/2018 Open Accounts Payable FLINT TRADING COMPANY $3,439.83 Invoice Date Description Amount 222201 04/19/2018 Streets: Yellow Line $1,745.91 222115 04/17/2018 Streets Sign Markings: Premark, White Line $1,145.41 222192 04/19/2018 Street Sign Markings: X-ing FHWA, Ped FHWA $548.51 714497 05/04/2018 Open Accounts Payable Friends of Vision Literacy $140.00 Invoice Date Description Amount 043018 04/30/2018 English Language Instruction (3/8 - 4/26) 7 students $140.00 714498 05/04/2018 Open Accounts Payable GOLDEN BAY CONSTRUCTION, INC. $33,142.65 Invoice Date Description Amount 9228 04/30/2018 Payment 1 - Senior Center Walkway Replacement $33,142.65 714499 05/04/2018 Open Accounts Payable GOLDEN STATE BRIDGE INC $23,508.05 Invoice Date Description Amount 001 05/01/2018 Mary Ave Bridge Pin Repair $23,508.05 Friday, May 11, 2018Pages: 3 of 14user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/28/2018 - To Payment Date: 5/4/2018 149 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 714500 05/04/2018 Open Accounts Payable GRAINGER INC $1,962.59 Invoice Date Description Amount 9762586718 04/19/2018 Grounds-McClellan Ranch: Disposable Gloves, Multi- Tools. $196.84 9766746839 04/23/2018 Facilities-Comm Hall: Caulk Gun & Kit, Battery & Charger Kit $400.46 9756552528 04/12/2018 Facilities: Quinlan Community Center Supplies $30.45 9756371523 04/12/2018 Facilities: Quinlan Community Center Supplies $154.49 9762586726 04/19/2018 Facilities: Senior Center Supplies $113.49 9725407754 03/13/2018 Street Lighting: Battery, Gloves, Cold Weld Epoxy $75.64 9769437006 04/25/2018 Facilities-BBF: Exhaust Fans $991.22 714501 05/04/2018 Open Accounts Payable GREAT BASIN LIGHTING INC $46,128.80 Invoice Date Description Amount 9483 04/20/2018 City $46,128.80 714502 05/04/2018 Open Accounts Payable HDL COREN & CONE $4,081.25 Invoice Date Description Amount 0025355-IN 04/26/2018 Property Tax services for April-June 2018 $4,081.25 714503 05/04/2018 Open Accounts Payable HEIDI MERRY HENN-ECKER $1,232.00 Invoice Date Description Amount 2018-00001365 04/30/2018 Spring Payment 2018 $1,232.00 714504 05/04/2018 Open Accounts Payable HOSTING.COM $1,027.60 Invoice Date Description Amount INV00196045 04/28/2018 Web Hosting $1,027.60 714505 05/04/2018 Open Accounts Payable IFPTE LOCAL 21 $1,756.46 Invoice Date Description Amount 04272018 04/27/2018 4200 - Union Dues - CEA $1,756.46 714506 05/04/2018 Open Accounts Payable IMPEC GROUP (CLEAN INNOVATION) $60,599.93 Invoice Date Description Amount 1804126 04/01/2018 April 2018 Janitorial Services $60,499.93 1804507 04/15/2018 Additional services for QCC: Holi Day WO#572265117 $100.00 714507 05/04/2018 Open Accounts Payable IMPERIAL SPRINKLER SUPPLY $603.09 Invoice Date Description Amount 3295636-00 04/17/2018 Grounds-Neighborhood Parks: Misc supplies $603.09 714508 05/04/2018 Open Accounts Payable INSIGHT CONSULTING SERVICES LLC $275,909.45 Invoice Date Description Amount 2017Q4 05/01/2018 2017Q4 Tax Sharing $275,909.45 714509 05/04/2018 Open Accounts Payable INTERSTATE BATTERY SYSTEM OF SAN JOSE INC. $2,183.02 Invoice Date Description Amount 10277325 04/27/2018 Batteries $2,183.02 714510 05/04/2018 Open Accounts Payable Jarvis, Fay, Doporto & Gibson, LLP $10,616.00 Invoice Date Description Amount 11802 03/31/2018 Legal Services $1,316.00 11803 03/31/2018 Legal Services $9,300.00 Friday, May 11, 2018Pages: 4 of 14user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/28/2018 - To Payment Date: 5/4/2018 150 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 714511 05/04/2018 Open Accounts Payable John Cahalan Landscape Architect $2,237.50 Invoice Date Description Amount 7 - 2015-21.02 05/01/2018 Payment 9 - SO#1 De Anza Blvd Medians Renovation Phase 1 $2,237.50 714512 05/04/2018 Open Accounts Payable Keith Day Company, Inc.$300.00 Invoice Date Description Amount 10643 04/26/2018 Compost delivered to compost site $300.00 714513 05/04/2018 Open Accounts Payable KIMBALL-MIDWEST $454.76 Invoice Date Description Amount 6293493 04/18/2018 General Supplies $190.95 6308055 04/25/2018 General Supplies $263.81 714514 05/04/2018 Open Accounts Payable KMVT COMMUNITY TELEVISION $666.40 Invoice Date Description Amount 2018-00001363 04/30/2018 Spring Payment 2018 $666.40 714515 05/04/2018 Open Accounts Payable LANDSCAPE FORMS $12,870.45 Invoice Date Description Amount 0000102224 04/17/2018 3 sets of recycling and trash duos for Eaton elem $12,870.45 714516 05/04/2018 Open Accounts Payable LIGHTHOUSE INFORMATION SYSTEMS, INC $5,200.00 Invoice Date Description Amount 29872 04/20/2018 Services $2,500.00 29876 04/27/2018 Services $2,700.00 714517 05/04/2018 Open Accounts Payable LOPEZ, COLLEEN $840.00 Invoice Date Description Amount 22 04/18/2018 Housing Consultant Services 2018/03 $840.00 714518 05/04/2018 Open Accounts Payable MADCO WELDING SUPPLY $297.68 Invoice Date Description Amount 68962 04/19/2018 General Supplies $297.68 714519 05/04/2018 Open Accounts Payable MAIL FINANCE $3,556.74 Invoice Date Description Amount N7103094 04/14/2018 Lease May 16-August 15, 2018 $3,349.28 N7094451 04/09/2018 e-certified printer lease $207.46 714520 05/04/2018 Open Accounts Payable METRO MOBILE COMMUNICATIONS $463.96 Invoice Date Description Amount 054703 04/23/2018 Mobile Antenna Kit $463.96 714521 05/04/2018 Open Accounts Payable MISSION ACADEMY OF MUSIC $1,076.00 Invoice Date Description Amount 2018-00001276 04/18/2018 Winter 2018 $1,076.00 714522 05/04/2018 Open Accounts Payable MOUNTAIN VIEW GARDEN CENTER $104.79 Invoice Date Description Amount 94150 04/30/2018 Grounds-Neighborhood Parks: Gold Fines $104.79 714523 05/04/2018 Open Accounts Payable NAPA Auto Parts $595.59 Invoice Date Description Amount 540759 04/26/2018 25-Gallon Drain Evac $575.28 Friday, May 11, 2018Pages: 5 of 14user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/28/2018 - To Payment Date: 5/4/2018 151 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 540442 04/23/2018 Napagold Oil Filter ($15.51) 541133 05/01/2018 Cabin Air Filter $35.82 714524 05/04/2018 Open Accounts Payable NEWMAN TRAFFIC SIGNS $6,377.48 Invoice Date Description Amount TRFINV000888 04/16/2018 Streets: Sign Blanks $3,633.11 TRFINV000682 04/10/2018 Streets: Sign Blanks $2,744.37 714525 05/04/2018 Open Accounts Payable OFFICE DEPOT $880.10 Invoice Date Description Amount 126232919001 04/13/2018 Tea, Sponges $26.88 125924906001 04/26/2018 HDMI Cable and High Speed HD $27.59 125921032001 04/26/2018 6-foot HDMI cable $13.89 126574957001 04/16/2018 Service Center Admin: Highlighters, Erasers, Sign- here Flags $225.67 128400439001 04/18/2018 Service Center Admin: Electric Stapler $52.08 128207904001 04/18/2018 Cup Sleeves and Blue Top 96B 11" 10RM C $194.68 131285042001 04/25/2018 office supplies $4.36 131284794001 04/25/2018 office supplies $60.67 131191430001 04/25/2018 office supplies $17.42 130658004001 04/24/2018 office supplies $13.41 129926060001 04/23/2018 disposible gloves $25.59 129346611001 04/20/2018 office supplies for finance $4.09 128473504001 04/19/2018 supplies for meetings $22.79 130037246001 05/01/2018 Office Depot (AA Batteries)$35.04 131197680001 05/01/2018 Office Depot (Sharpie Markers)$11.34 129489019001 04/20/2018 Plotter Ink - Magenta $90.46 129489374001 04/24/2018 Plotter Paper $48.93 131151788001 04/25/2018 Coffee Pot Cleaner $5.21 714526 05/04/2018 Open Accounts Payable Operating Engineer #3 $1,541.24 Invoice Date Description Amount 04272018 04/27/2018 4100 - Union Dues $1,541.24 714527 05/04/2018 Open Accounts Payable PACIFIC TELEMANAGEMENT SVCS $543.00 Invoice Date Description Amount 981064 04/12/2018 payphone svcs 5/18 $543.00 714528 05/04/2018 Open Accounts Payable PERS Long Term Care Program $30.28 Invoice Date Description Amount 04272018 04/27/2018 0530 - PERS Long Term Care $30.28 714529 05/04/2018 Open Accounts Payable PG&E $137.43 Invoice Date Description Amount 5875-04202018 04/20/2018 2012160587-5 3/21-4/19/18 $71.62 7100-04132018 04/13/2018 7166121710-0 3/8-4/5/18 $65.81 714530 05/04/2018 Open Accounts Payable PG&E $103.25 Invoice Date Description Amount 4212-04222018 04/22/2018 3535370421-2 3/22-4/20/18 $66.63 0719-03282018 03/28/2018 9223068071-9 2/23-3/20-18 $20.25 1937-03282018 03/28/2018 8754273193-7 2/23-3/20/18 $16.37 Friday, May 11, 2018Pages: 6 of 14user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/28/2018 - To Payment Date: 5/4/2018 152 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 714531 05/04/2018 Open Accounts Payable PINE PRESS $866.55 Invoice Date Description Amount 00048954 04/26/2018 may/june 2018 newsletter $866.55 714532 05/04/2018 Open Accounts Payable PLAY-WELL TEKNOLOGIES $2,500.00 Invoice Date Description Amount 2018-00001362 04/30/2018 Spring Payment $2,500.00 714533 05/04/2018 Open Accounts Payable PROJECT SENTINEL $9,566.76 Invoice Date Description Amount PS Q3 FY1718 04/27/2018 BMR AHF Rental Mediation Q3 FY17-18 $9,566.76 714534 05/04/2018 Open Accounts Payable PROVEN TERMITE SOLUTIONS $4,957.00 Invoice Date Description Amount 26623 01/16/2018 Portal Park:Fumigate for Drywood Termites $1,746.00 26670 01/23/2018 BBF Fumigate of Drywood Termites $3,211.00 714535 05/04/2018 Open Accounts Payable REVEL ENVIRONMENTAL MFG.$1,383.00 Invoice Date Description Amount 37797 04/30/2018 3X / yr Service Program Catch Basin Filter Inserts $1,383.00 714536 05/04/2018 Open Accounts Payable RONALD D OLDS $522.00 Invoice Date Description Amount 5213 05/01/2018 Ron Olds (Control Room Cleanup & City Clerk ProBlox Projects) $522.00 714537 05/04/2018 Open Accounts Payable Rosas Brothers Construction $141,550.00 Invoice Date Description Amount 1359 04/20/2018 Payment 1 - Jollyman & Varian Park Site Improvements $141,550.00 714538 05/04/2018 Open Accounts Payable ROYAL BRASS INC $96.27 Invoice Date Description Amount 861158-001 04/17/2018 Fleet: 3/8 X 50 Gray Pressure Wash Rack $96.27 714539 05/04/2018 Open Accounts Payable SANTA CLARA CNTY CLERK/RECORDER $350.00 Invoice Date Description Amount R-2018-11 04/25/2018 exempt filing $50.00 RM-2018-06 04/25/2018 exempt filing $50.00 TR-2018-19 04/25/2018 exempt filing $50.00 SP-2018-01 04/25/2018 exempt filing $50.00 R-2018-12 04/25/2018 exempt filing $50.00 R-2017-41 04/25/2018 exempt filing $50.00 RM-2017-45 04/25/2018 exempt filing $50.00 714540 05/04/2018 Open Accounts Payable SAVANT SOLUTIONS $168,956.82 Invoice Date Description Amount SS-0139 04/18/2018 HPE Aruba Equipment $168,956.82 714541 05/04/2018 Open Accounts Payable SLANEY, ROSS $1,139.28 Invoice Date Description Amount RossS042518 04/25/2018 Reimburse for Tyler Conference 2018 Boston $1,139.28 714542 05/04/2018 Open Accounts Payable Sportworks Northwest, Inc.$1,388.14 Invoice Date Description Amount 122188 02/16/2018 Bike racks for City employees $1,388.14 Friday, May 11, 2018Pages: 7 of 14user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/28/2018 - To Payment Date: 5/4/2018 153 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 714543 05/04/2018 Open Accounts Payable STAPLES BUSINESS ADVANTAGE $702.83 Invoice Date Description Amount 3374928921 04/13/2018 Creamer, Sugar, Tea, etc.$73.14 3374928917 04/13/2018 ergo keyboard for PG $101.36 3374778147 04/11/2018 office supplies $81.87 3375366380 04/18/2018 Office Supplies and Copy Paper $334.61 3375366378 04/18/2018 MS Sclptergnmc KB for Business-keyboard for JennC $66.34 3375535316 04/20/2018 Wooden Stir Stix $8.71 3375535315 04/20/2018 Filters, Creamer, Hot Cocoa $36.80 714544 05/04/2018 Open Accounts Payable State Disbursement Unit $276.92 Invoice Date Description Amount 04272018 04/27/2018 0100 - Child Support $276.92 714545 05/04/2018 Open Accounts Payable SUE AND KATHY LINE DANCE $1,060.80 Invoice Date Description Amount 043018 04/30/2018 Line Dance Classes (3/13 - 5/1) 26 Students $1,060.80 714546 05/04/2018 Open Accounts Payable SUPPLYWORKS $630.02 Invoice Date Description Amount 436488217 04/18/2018 Facilities: Janitorial Supplies $630.02 714547 05/04/2018 Open Accounts Payable T & T PAVEMENT MARKINGS AND $401.50 Invoice Date Description Amount 2018164 04/26/2018 Street Sign Markings: Supplies $401.50 714548 05/04/2018 Open Accounts Payable TANASE, KEN $39.72 Invoice Date Description Amount KenT040718 04/07/2018 Cell Phone Reimbursement, 3.8.18-4.7.18 $39.72 714549 05/04/2018 Open Accounts Payable TARGET SPECIALTY PRODUCTS $468.40 Invoice Date Description Amount PI0784248 04/13/2018 Trees/ROW: Activator, Tank Cleaner, Tyvek Wrist & Ankle $468.40 714550 05/04/2018 Open Accounts Payable TELEPATH CORP $11,157.44 Invoice Date Description Amount SI-258275 04/23/2018 Facilities: Radio Supplies $11,157.44 714551 05/04/2018 Open Accounts Payable TELFER PAVEMENT TECHNOLOGIES, LLC. $71,494.29 Invoice Date Description Amount 1703022.2 01/25/2018 Period 12/1/17 - 12/30/17 - 2017 Pavement Maintenance Phase 2 $71,494.29 714552 05/04/2018 Open Accounts Payable THE CREATIVE GROUP $2,400.00 Invoice Date Description Amount 50771622 05/02/2018 The Creative Group (CREST Awards - Torin Scott)$2,400.00 714553 05/04/2018 Open Accounts Payable THERMAL MECHANICAL, INC.$18,920.34 Invoice Date Description Amount 72334 03/30/2018 A/C Compressor - City Hall $11,803.00 72341 03/30/2018 Wilson Park AC $7,117.34 Friday, May 11, 2018Pages: 8 of 14user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/28/2018 - To Payment Date: 5/4/2018 154 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 714554 05/04/2018 Open Accounts Payable TURF & INDUSTRIAL EQUIPMENT CO $71.85 Invoice Date Description Amount IV25402 05/01/2018 Battery Rods $70.33 IV25044A 05/01/2018 Gasket $1.52 714555 05/04/2018 Open Accounts Payable U S HEALTHWORKS MEDICAL GROUP PC $28.00 Invoice Date Description Amount 3312384-CA 05/02/2018 TB SKIN TESTS $28.00 714556 05/04/2018 Open Accounts Payable UNITED SITE SERVICES INC.$237.99 Invoice Date Description Amount 114-6672506 04/25/2018 portable toilet at compost site $237.99 714557 05/04/2018 Open Accounts Payable VALLEY OIL COMPANY $8,002.19 Invoice Date Description Amount 922917 04/24/2018 Mid 10% Ethanol Bulk $8,002.19 714558 05/04/2018 Open Accounts Payable VASANTHI BHAT $399.60 Invoice Date Description Amount 04302018 04/30/2018 Hatha Yoga Instruction (3/8-4/26/18) 9 students 11 flex $399.60 714559 05/04/2018 Open Accounts Payable WEST-LITE SUPPLY CO INC $14,904.12 Invoice Date Description Amount 70886H 04/25/2018 Facilities-Service Center: Syl.F032/V41/Eco|02 $343.35 8223DH 04/05/2018 Facilities: Focus.SL11LEDM1560BRS & SL11LEDM740BRS $14,560.77 714560 05/04/2018 Open Accounts Payable WESTMORELAND, EVAN $220.00 Invoice Date Description Amount 41 05/01/2018 Evan Westmoreland (Control Room Cleanup Project)$220.00 714561 05/04/2018 Open Accounts Payable WOWzy Creation Corp $22.63 Invoice Date Description Amount 90438 04/27/2018 Name Plate - Marilyn Monreal $22.63 714562 05/04/2018 Open Accounts Payable Bay Area Builders $1,100.00 Invoice Date Description Amount 2018-00001332 04/25/2018 20300 Stevens Creek Blvd - Encroachment Bond - BS14660 $1,100.00 714563 05/04/2018 Open Accounts Payable Chan, Lisa $16,240.00 Invoice Date Description Amount 2018-00001336 04/25/2018 11691 Regnart Canyon Dr - Grdng Misc Dpst & Grdng Bond - BS19888 $16,240.00 714564 05/04/2018 Open Accounts Payable Chan, Lisa $1,000.00 Invoice Date Description Amount 2018-00001337 04/25/2018 11691 Regnart Canyon Dr - Grading Misc Deposit - BS19395 $1,000.00 714565 05/04/2018 Open Accounts Payable Channing, Alice $69.00 Invoice Date Description Amount 481198 04/18/2018 Sr Ctr Trip Refunds $69.00 Friday, May 11, 2018Pages: 9 of 14user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/28/2018 - To Payment Date: 5/4/2018 155 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 714566 05/04/2018 Open Accounts Payable Channing, Alice $69.00 Invoice Date Description Amount 481199 04/18/2018 Sr Ctr Trip Refunds $69.00 714567 05/04/2018 Open Accounts Payable Dongtao, Liu $232.34 Invoice Date Description Amount RefundB2018-0591 05/01/2018 Refund 10399 Nomandy Ct. B-2018-0591-changed mind $232.34 714568 05/04/2018 Open Accounts Payable Huang, Melissa $1,000.00 Invoice Date Description Amount 2018-00001364 04/25/2018 22100 Rae Ln - Encroachment Bond - BS16886 $1,000.00 714569 05/04/2018 Open Accounts Payable Johnson, Alan $65.00 Invoice Date Description Amount 481200 04/18/2018 Sr Ctr Trip Refunds $65.00 714570 05/04/2018 Open Accounts Payable Krishnamurthy, Venkat $1,200.00 Invoice Date Description Amount 2018-00001338 04/25/2018 10295 N. Blaney Ave - Encroachment Bond - BS14502 $1,200.00 714571 05/04/2018 Open Accounts Payable Lee, Rita $9,000.00 Invoice Date Description Amount 2018-00001360 04/25/2018 20655 Scofield Dr - Encroachment Bond - BS16498 $9,000.00 714572 05/04/2018 Open Accounts Payable Li, Qingxiang $13,700.00 Invoice Date Description Amount 2018-00001333 04/25/2018 10170 Amelia Ct - FP Bond, LM Bond & Dev Maint Dpst - BS14300 $13,700.00 714573 05/04/2018 Open Accounts Payable Lin, Hsin Fu $2,000.00 Invoice Date Description Amount 2018-00001331 04/25/2018 18832 Tuggle Ave - Encroachment Bond - BS25051 $2,000.00 714574 05/04/2018 Open Accounts Payable Loc, Peter $2,185.00 Invoice Date Description Amount 2018-00001367 04/25/2018 10225 Glencoe Dr - Encroachment Bond - BS13718 $2,185.00 714575 05/04/2018 Open Accounts Payable NOVO Construction $3,325.00 Invoice Date Description Amount 2018-00001361 04/25/2018 20085 Stevens Creek Blvd - Encroachment Bond - BS17181 $3,325.00 714576 05/04/2018 Open Accounts Payable Overmiller Inc.$1,000.00 Invoice Date Description Amount 2018-00001342 04/25/2018 1061 November Dr - Encroachment Bond - #214785 $1,000.00 714577 05/04/2018 Open Accounts Payable P.S. Services Inc.$500.00 Invoice Date Description Amount 2018-00001359 04/25/2018 Vallco Sign Installation/permit #5253 -Encroachment Bond- BS9245 $500.00 714578 05/04/2018 Open Accounts Payable PAC Partners $5,000.00 Invoice Date Description Amount RefundB2017-0384 04/26/2018 Refund 21666 Stevens Crk. Blvd. Permit #2017- 0384,TCO $5,000.00 Friday, May 11, 2018Pages: 10 of 14user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/28/2018 - To Payment Date: 5/4/2018 156 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 714579 05/04/2018 Open Accounts Payable Paulsen, Geoff $165.39 Invoice Date Description Amount 2018 PC Academy 04/10/2018 2018 PC Academy - Monterey $165.39 714580 05/04/2018 Open Accounts Payable Payer, Jeanne $69.00 Invoice Date Description Amount 481192 04/18/2018 Sr Ctr Trip Refunds $69.00 714581 05/04/2018 Open Accounts Payable Poddar, Sadia Rupa $4,574.00 Invoice Date Description Amount 2018-00001334 04/25/2018 10145 Camino Vista Dr - FP Bond & LM Bond - BS12525 $4,574.00 714582 05/04/2018 Open Accounts Payable Robson, Mary Lou $69.00 Invoice Date Description Amount 481194 04/18/2018 Sr Ctr Trip Refunds $69.00 714583 05/04/2018 Open Accounts Payable Sanchez, Monica $328.00 Invoice Date Description Amount RefundB2018-0012 04/23/2018 Refund 19333 Vallco Pkwy B-2018-0012 for Deferred Submittal $328.00 714584 05/04/2018 Open Accounts Payable Stambaugh, Barbara $69.00 Invoice Date Description Amount 481190 04/18/2018 Sr Ctr Trip Refunds $69.00 714585 05/04/2018 Open Accounts Payable Tony Schwee Permit $1,000.00 Invoice Date Description Amount 2018-00001341 04/25/2018 21120 Canyon Oak Way - Encroachment Bond - BS10959 $1,000.00 714586 05/04/2018 Open Accounts Payable YOUNG, KATHY $85.00 Invoice Date Description Amount 1427557 08/24/2017 QCC Rental Refunds $85.00 Type Check Totals:120 Transactions $1,278,391.28 EFT 27549 05/04/2018 Open Accounts Payable Employment Development $1,886.95 Invoice Date Description Amount 04272018 04/27/2018 SDI - State Disability Insurance $1,886.95 27550 05/04/2018 Open Accounts Payable PERS-457K $17,919.63 Invoice Date Description Amount 04272018 04/27/2018 3200 - *PERS Deferred Comp*$17,919.63 27551 05/04/2018 Open Accounts Payable ACENAS, ALEX $55.00 Invoice Date Description Amount AlexA041318 04/13/2018 Cell phone reimbursement 3/14/18 - 4/13/18 $55.00 27552 05/04/2018 Open Accounts Payable AUSTIN, NATASHA $1,853.50 Invoice Date Description Amount 2018-00001279 04/18/2018 Spring Payment 1 $1,853.50 27553 05/04/2018 Open Accounts Payable BAZ INDUSTRIES, INC $1,156,435.00 Invoice Date Description Amount QTR1-2018 05/01/2018 Apple Consulting Jan18-Mar18 $1,156,435.00 Friday, May 11, 2018Pages: 11 of 14user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/28/2018 - To Payment Date: 5/4/2018 157 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 27554 05/04/2018 Open Accounts Payable Eflex Group, Inc $4,798.64 Invoice Date Description Amount 04272018 04/27/2018 4700 - *FSA Employee Health*$4,798.64 27555 05/04/2018 Open Accounts Payable GOLDFARB & LIPMAN $35,689.93 Invoice Date Description Amount 126730 04/18/2018 HE Legal Services 2018/03 $528.00 126729 04/18/2018 Grants Legal Services 2018/03 $1,580.00 126728 04/18/2018 AA Legal Services 2018/03 $14,069.93 126726 04/18/2018 Housing Legal Services 2018/03 $960.00 126727 04/18/2018 VSP #805 Legal Services 2018/03 $4,572.00 126528 04/09/2018 CH Legal Services 2018/03 $8,732.00 126512 03/31/2018 Planning Legal Services 2018/02 $572.00 126132 02/28/2018 HE & 22341 SPA Legal Services 2018/01 $4,676.00 27556 05/04/2018 Open Accounts Payable ICMA Retirement Trust-457 $14,891.67 Invoice Date Description Amount 04272018 04/27/2018 3100 - *ICMA Deferred Comp $14,891.67 27557 05/04/2018 Open Accounts Payable JASON FAUTH $864.64 Invoice Date Description Amount JasonF042618 04/26/2018 Western Chapter ISA Hotel $864.64 27558 05/04/2018 Open Accounts Payable KIRSTEN SQUARCIA $757.10 Invoice Date Description Amount 050117 04/17/2018 CCAC Annual Clerks Conference $757.10 27559 05/04/2018 Open Accounts Payable LAW OFFICES OF BURKE, WILLIAMS & SORENSEN $1,440.50 Invoice Date Description Amount 226117 04/27/2018 VSP #805 Legal Services 2018/03 $201.00 226120 04/27/2018 CH Legal Services 2018/03 $100.50 226118 04/27/2018 Legal Services $234.50 226119 04/27/2018 Legal Services $904.50 27560 05/04/2018 Open Accounts Payable LINDA RIOS $4,500.00 Invoice Date Description Amount 1243 05/01/2018 Youth Outreach services for April 2018 $4,500.00 27561 05/04/2018 Open Accounts Payable M-GROUP $7,957.25 Invoice Date Description Amount 1000163 03/31/2018 EDSP Mobile Vendor Regulations 2018/03 $1,488.50 1000165 03/31/2018 EDSP Innovation District Plan 2018/03 $3,451.50 1000164 03/31/2018 EDSP Incubator & Accelerator Space Ordinance 2018/03 $3,017.25 27562 05/04/2018 Open Accounts Payable MOSLEY, CHAD , E $165.00 Invoice Date Description Amount ChadM042018 04/20/2018 Cell phone reimbursement 1/21/18 - 4/20/18 $165.00 27563 05/04/2018 Open Accounts Payable MUSICALME INC.$4,320.00 Invoice Date Description Amount 2018-00001282 04/18/2018 Spring Payment 1 $4,320.00 Friday, May 11, 2018Pages: 12 of 14user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/28/2018 - To Payment Date: 5/4/2018 158 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 27564 05/04/2018 Open Accounts Payable National Deferred (ROTH)$4,793.00 Invoice Date Description Amount 04272018 04/27/2018 3010 - Nationwide Roth $4,793.00 27565 05/04/2018 Open Accounts Payable National Deferred Compensatin $32,602.43 Invoice Date Description Amount 04272018 04/27/2018 3000 - *Nationwide Deferred Compensatio $32,602.43 27566 05/04/2018 Open Accounts Payable PARS/City of Cupertino $4,537.10 Invoice Date Description Amount 04272018 04/27/2018 3321 - PARS Employee *$4,522.10 05012018 05/01/2018 3321 - PARS Employee *$15.00 27567 05/04/2018 Open Accounts Payable Raaymakers , John $55.00 Invoice Date Description Amount JohnR031918 03/19/2018 Cell phone reimbursement 2/20/18 - 3/19/18 $55.00 Type EFT Totals:19 Transactions $1,295,522.34 Main Account - Main Checking Account Totals Checks Status Count Transaction Amount Reconciled Amount Open 120 $1,278,391.28 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 120 $1,278,391.28 $0.00 EFTs Status Count Transaction Amount Reconciled Amount Open 19 $1,295,522.34 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Total 19 $1,295,522.34 $0.00 All Status Count Transaction Amount Reconciled Amount Open 139 $2,573,913.62 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Friday, May 11, 2018Pages: 13 of 14user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/28/2018 - To Payment Date: 5/4/2018 159 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Total 139 $2,573,913.62 $0.00 Grand Totals: Checks Status Count Transaction Amount Reconciled Amount Open 120 $1,278,391.28 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 120 $1,278,391.28 $0.00 EFTs Status Count Transaction Amount Reconciled Amount Open 19 $1,295,522.34 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Total 19 $1,295,522.34 $0.00 All Status Count Transaction Amount Reconciled Amount Open 139 $2,573,913.62 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 139 $2,573,913.62 $0.00 Friday, May 11, 2018Pages: 14 of 14user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 4/28/2018 - To Payment Date: 5/4/2018 160 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4101 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:6/13/2018 City Council On agenda:Final action:7/3/2018 Title:Subject: Accept Accounts Payable for the period ending May 11, 2018 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council7/3/2018 1 Subject: Accept Accounts Payable for the period ending May 11, 2018 Adopt Resolution No. 18-065 accepting Accounts Payable for the period ending May 11, 2018 CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™161 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 May 11, 2018 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: _____________________________ Zach Korach, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of July, 2018, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Darcy Paul, Mayor, City of Cupertino 162 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Main Account - Main Checking Account Check 714587 05/11/2018 Open Accounts Payable 7 STAR SERVICE $11,599.56 Invoice Date Description Amount 04292018 04/29/2018 Travel and Hotel Expenses for Staff Training 10/18- 19/2017 $1,705.34 04292018-2 04/29/2018 Travel and Hotel Expenses for Staff Training 11/27- 30/2017 $2,394.22 04292018-3 04/29/2018 Staff Training Fees from Oct 2017 to Mar 2018 $7,500.00 714588 05/11/2018 Open Accounts Payable ACTERRA - GRASSROOTS ECOLOGY $1,396.00 Invoice Date Description Amount CUST0318 03/31/2018 Plants for Stocklmeir site $1,396.00 714589 05/11/2018 Open Accounts Payable ACTIVE NETWORK, INC $1,166.85 Invoice Date Description Amount 1012875 04/30/2018 ActiveNet Service 50% initiation and 50% completion $525.00 1012874 04/30/2018 Airfare Kegan Belina for implementation $641.85 714590 05/11/2018 Open Accounts Payable ADVANTAGE GRAFIX $51.11 Invoice Date Description Amount 41528 04/20/2018 Green Business Printing 2018 $51.11 714591 05/11/2018 Open Accounts Payable ALHAMBRA & SIERRA SPRINGS $77.40 Invoice Date Description Amount 4984902 042118 04/21/2018 28009924984902 water $77.40 714592 05/11/2018 Open Accounts Payable ALL CITY MANAGEMENT SERVICES $19,971.09 Invoice Date Description Amount 54479 04/25/2018 School Crossing Guard Services 4/8/18 - 4/21/18 $6,657.03 54128 04/10/2018 School Crossing Guard Services 3/25/18 - 4/7/18 $13,314.06 714593 05/11/2018 Open Accounts Payable ALL STAR GLASS $447.68 Invoice Date Description Amount ISJ056507 04/26/2018 Windshield for Car #436-F150 $447.68 714594 05/11/2018 Open Accounts Payable ALLIANT INSURANCE SERVICES INC $1,652.00 Invoice Date Description Amount 823209 04/18/2018 Earth Day Insurance 2018 $1,652.00 714595 05/11/2018 Open Accounts Payable AMAZON WEB SERVICES INC $319.18 Invoice Date Description Amount 134860355 05/03/2018 Amazon Elastic Computer Cloud April 2018 $319.18 714596 05/11/2018 Open Accounts Payable AMERICAN LEGAL PUBLISHING $275.71 Invoice Date Description Amount 0121719 04/18/2018 Subscription Publication Updates $275.71 714597 05/11/2018 Open Accounts Payable ARRANGED 4 COMFORT $150.43 Invoice Date Description Amount 18-5205-SH 05/03/2018 Armrests for Lisa Maletis-Massey's Soma chair $150.43 Friday, May 11, 2018Pages: 1 of 24user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 5/5/2018 - To Payment Date: 5/11/2018 163 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 714598 05/11/2018 Open Accounts Payable AT&T $12,954.23 Invoice Date Description Amount 11203893 04/12/2018 9391023219 (408-252-1118) 3/12-4/11/18 $90.37 11203894-1 04/12/2018 City Council $148.56 11203894-2 04/12/2018 City Manager $74.60 11203894-3 04/12/2018 City Clerk $221.38 11203894-4 04/12/2018 City Attorney $273.54 11203894-5 04/12/2018 Sherriffs $124.34 11203894-6 04/12/2018 Code Enforcement $174.07 11203894-7 04/12/2018 Community Services $49.73 11203894-8 04/12/2018 Disaster Preparedness $74.60 11203894-9 04/12/2018 Govt Channel $74.60 11203894-10 04/12/2018 Finance Admin $74.60 11203894-11 04/12/2018 Finance Acctg $149.20 11203894-12 04/12/2018 Business License $74.60 11203894-13 04/12/2018 Human Resources $149.20 11203894-14 04/12/2018 Information Tech $472.48 11203894-15 04/12/2018 Parks & Rec Admin $74.60 11203894-16 04/12/2018 QCC Cultural superv.$174.07 11203894-17 04/12/2018 Quinlan Center $397.88 11203894-18 04/12/2018 Youth Teen program $49.73 11203894-19 04/12/2018 Sports Physical prog.$74.60 11203894-20 04/12/2018 Sports Ctr prog.$298.41 11203894-21 04/12/2018 Senior Center $298.41 11203894-22 04/12/2018 Case Manager $24.87 11203894-23 04/12/2018 BBF Office $248.67 11203894-24 04/12/2018 BBF Park $124.34 11203894-25 04/12/2018 Blackberry Golf $24.87 11203894-26 04/12/2018 Nature Program $24.87 11203894-27 04/12/2018 Planning Admin $74.60 11203894-28 04/12/2018 Planning Current $223.81 11203894-29 04/12/2018 Planning Long Range $49.73 11203894-30 04/12/2018 BMR Housing $49.73 11203894-31 04/12/2018 Building $323.28 11203894-32 04/12/2018 Plan Check $24.87 11203894-33 04/12/2018 Building Inspector $99.47 11203894-34 04/12/2018 Public Works Adm $124.34 11203894-35 04/12/2018 Resource Recovery $24.87 11203894-36 04/12/2018 Non Point Source $24.87 11203894-37 04/12/2018 Engineering $223.81 11203894-38 04/12/2018 PW Inspector $24.87 11203894-39 04/12/2018 Service Center Adm.$187.10 11203894-40 04/12/2018 City Hall $764.22 11203894-41 04/12/2018 Service Center $666.16 11203894-42 04/12/2018 Quinlan Center $99.47 11203894-43 04/12/2018 McClellan Ranch $223.81 11203894-44 04/12/2018 Monta Vista $49.73 11203894-45 04/12/2018 Wilson Park $20.37 11203894-46 04/12/2018 Sports Center $93.94 11203894-47 04/12/2018 Teen Center $105.00 Friday, May 11, 2018Pages: 2 of 24user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 5/5/2018 - To Payment Date: 5/11/2018 164 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 11203894-48 04/12/2018 Creekside $50.40 11203894-49 04/12/2018 Traffic $74.60 11203894-50 04/12/2018 Signal Maintenance $99.47 11203894-51 04/12/2018 Street Maintenance $20.76 11203894-52 04/12/2018 City Hall 2343448559849 - circuit/IP services $1,055.69 11203894-53 04/12/2018 City Attorney's Office 2343448559849 - circuit/IP services $717.46 11203894-54 04/12/2018 Quinlan 2343448559849 - circuit/IP services $717.46 11203894-55 04/12/2018 Sr Center 2343448559849 - circuit/IP services $717.46 11203894-56 04/12/2018 Spt Center 2343448559849 - circuit/IP services $448.61 11203894-57 04/12/2018 Service Center 2343448559849 - circuit/IP services $717.46 11203894-58 04/12/2018 BBF 2343448559849 - circuit/IP services $407.81 11203894-59 04/12/2018 Nature Program 2343448559849 - circuit/IP services $407.81 714599 05/11/2018 Open Accounts Payable B&H PHOTO VIDEO $5,691.20 Invoice Date Description Amount 141530739 04/25/2018 Sony FS7 Camera Accessories & Storage $5,691.20 714600 05/11/2018 Open Accounts Payable BAY AREA COMMUNITY RESOURCES $5,000.00 Invoice Date Description Amount 1812425A 04/26/2018 Americorps Climate Corporation $5,000.00 714601 05/11/2018 Open Accounts Payable BAY AREA PRINTER & DATA SVCS INC $420.20 Invoice Date Description Amount 18565 03/28/2018 Printer Ink $420.20 714602 05/11/2018 Open Accounts Payable BUBBLE MARKETING $538.80 Invoice Date Description Amount 18990 05/01/2018 clup wipes $538.80 714603 05/11/2018 Open Accounts Payable CITY DATA SERVICES LLC $1,200.00 Invoice Date Description Amount 1808 05/08/2018 Housing Grants Management Website Q4 FY1718 $1,200.00 714604 05/11/2018 Open Accounts Payable CITY OF SAN JOSE $36,270.90 Invoice Date Description Amount 1154753 04/20/2018 Animal Care Services for March & April 2018 $36,270.90 714605 05/11/2018 Open Accounts Payable COLLETTE VACATIONS $2,980.00 Invoice Date Description Amount 824873 Air 05/07/2018 Air Payment for Canyon Country $2,980.00 714606 05/11/2018 Open Accounts Payable COMCAST $300.86 Invoice Date Description Amount 2330-05012018 05/01/2018 8155100050182330 5/10/18-6/9/18 Internet and TV $300.86 714607 05/11/2018 Open Accounts Payable CSI SOFTWARE INC $1,279.67 Invoice Date Description Amount 24406 05/01/2018 Spectrum + Gateway Fee $1,279.67 714608 05/11/2018 Open Accounts Payable CURREN CONSULTING $1,950.00 Invoice Date Description Amount 2018-04-11 05/02/2018 2017 Pavement Maintenance Phase 1 and Phase 2 $1,950.00 Friday, May 11, 2018Pages: 3 of 24user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 5/5/2018 - To Payment Date: 5/11/2018 165 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 714609 05/11/2018 Open Accounts Payable DANCE FORCE LLC $1,504.84 Invoice Date Description Amount DF.S1 05/09/2018 First spring payment $1,504.84 714610 05/11/2018 Open Accounts Payable DEX SYSTEMS ENGINEERING $952.00 Invoice Date Description Amount 1239 05/04/2018 Senior Center Exercise Room Project $952.00 714611 05/11/2018 Open Accounts Payable DIGITAL PRINT $192.77 Invoice Date Description Amount 18434 04/26/2018 Business Cards for Darcy Paul $104.83 18432 04/26/2018 250 business cards for Chris Corrao $87.94 714612 05/11/2018 Open Accounts Payable DINA BISTRY $240.00 Invoice Date Description Amount DB.S1 05/09/2018 First spring payment $240.00 714613 05/11/2018 Open Accounts Payable Edges Electrical Group $576.84 Invoice Date Description Amount S4290195.001 04/13/2018 Streets: Street Light Supplies $576.84 714614 05/11/2018 Open Accounts Payable ELCOR ELECTRIC $30,977.00 Invoice Date Description Amount 1143 04/30/2018 Facilities: Library - Install Breaker $13,111.00 1080 04/25/2018 Facilities: Civic Center Fountain Lighting $17,866.00 714615 05/11/2018 Open Accounts Payable ERGO VERA $878.24 Invoice Date Description Amount 2874 05/07/2018 Ergonomic Evaluation for Sundari Pilaka $318.56 2872 05/07/2018 ergo eval for Amber Chang $330.00 2873 05/07/2018 Ergo eval and research for Tina Mao $229.68 714616 05/11/2018 Open Accounts Payable FEDEX $218.34 Invoice Date Description Amount 6-157-49297 04/20/2018 Shipping $218.34 714617 05/11/2018 Open Accounts Payable GILBANE BUILDING COMPANY $15,280.00 Invoice Date Description Amount 17-SO8,9,11,12 05/01/2018 Payment 17 - SO #8, #9, #11 and #12 $15,280.00 714618 05/11/2018 Open Accounts Payable GLORIA LEE $254.25 Invoice Date Description Amount GL.S1 05/09/2018 First spring payment $254.25 714619 05/11/2018 Open Accounts Payable GWLAND ASSOCIATES $2,415.00 Invoice Date Description Amount 2018-0002 05/02/2018 Payment 13 - McClellan Sidewalk Improvements Phase 2 $2,415.00 714620 05/11/2018 Open Accounts Payable GYM PRECISION INC $882.67 Invoice Date Description Amount 6955 04/24/2018 PM $189.00 6981 05/04/2018 repairs $693.67 714621 05/11/2018 Open Accounts Payable Hartford Life Insurance $10,843.20 Invoice Date Description Amount 659435553083 05/01/2018 May 2018 Life and AD&D Benefit $10,843.20 Friday, May 11, 2018Pages: 4 of 24user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 5/5/2018 - To Payment Date: 5/11/2018 166 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 714622 05/11/2018 Open Accounts Payable Hartford-Priority Accts $429.37 Invoice Date Description Amount 756096954018 05/09/2018 May 2018 Supplemental Life Insurance $429.37 714623 05/11/2018 Open Accounts Payable HE, JUAN $615.55 Invoice Date Description Amount JHE.S1 05/09/2018 First spring payment $615.55 714624 05/11/2018 Open Accounts Payable Health Care Dental Trust $29,286.18 Invoice Date Description Amount coverage15390006 05/08/2018 May 2018 Dental Benefit $29,286.18 714625 05/11/2018 Open Accounts Payable HELLO HOUSING $5,900.00 Invoice Date Description Amount 10 04/30/2018 BMR Program Administration 2018/04 $5,900.00 714626 05/11/2018 Open Accounts Payable HOME DEPOT CREDIT SERVICES $639.22 Invoice Date Description Amount 8291627 03/28/2018 Ricardo Alvarez $18.23 4013747 03/28/2018 Ricardo Alvarez $23.50 3013915 03/28/2018 Jonathan Williams $170.99 3021873 03/28/2018 Ika Pauli $48.03 2310142 03/28/2018 Cliff Mabutas $111.88 7310193 03/28/2018 Cliff Mabutas $65.45 4023350 03/28/2018 Ricardo Alvarez $34.15 9320572 03/28/2018 Cliff Mabutas $166.99 714627 05/11/2018 Open Accounts Payable HSIEH, BENNY $1,916.09 Invoice Date Description Amount BennyH042218 04/22/2018 BennyH Reimburse Tyler Connect Conference 4/22 - 4/25/18 $1,829.98 BennyH050618 05/06/2018 Backup Drive for Video Department (Fry's)$86.11 714628 05/11/2018 Open Accounts Payable HU, POLLY $1,999.60 Invoice Date Description Amount 05072018 05/07/2018 Total Body, Yoga 50+T&Th (3/20-5/8; 3/22-5/3) 6,9,5 Students $625.60 PH.S1 05/09/2018 First spring payment $1,374.00 714629 05/11/2018 Open Accounts Payable HUNT DESIGN $1,725.00 Invoice Date Description Amount 8361 05/04/2018 Services through 4/30/18 - Cupertino Interpretive Garden $1,725.00 714630 05/11/2018 Open Accounts Payable IMPEC GROUP (CLEAN INNOVATION) $2,392.81 Invoice Date Description Amount 1805109 05/01/2018 Facilities: May 2018 Janitorial Svs-Weekend Day Porter $2,392.81 714631 05/11/2018 Open Accounts Payable INSIGHT DIRECT USA, INC $2,078.84 Invoice Date Description Amount 913548632 05/02/2018 Materials and supplies $2,078.84 Friday, May 11, 2018Pages: 5 of 24user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 5/5/2018 - To Payment Date: 5/11/2018 167 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 714632 05/11/2018 Open Accounts Payable JAM SERVICES INC $220.18 Invoice Date Description Amount 105225 04/25/2018 Streets: Street Lighting Supplies $220.18 714633 05/11/2018 Open Accounts Payable JANICE WRIGHT $720.00 Invoice Date Description Amount JW.S1 05/09/2018 First spring payment $720.00 714634 05/11/2018 Open Accounts Payable JARDINES DE SAN JUAN $300.00 Invoice Date Description Amount 11032018 Deposit 05/08/2018 Deposit for luncheon 11/03/2018 $300.00 714635 05/11/2018 Open Accounts Payable JIA THOMPSON $1,624.41 Invoice Date Description Amount JTH.S1 05/09/2018 First spring payment $1,624.41 714636 05/11/2018 Open Accounts Payable JILL HAFF $1,331.88 Invoice Date Description Amount JH.S1 05/09/2018 First spring payment $1,331.88 714637 05/11/2018 Open Accounts Payable KAREN BERNARD-GUERIN $176.00 Invoice Date Description Amount KarenG042518 04/25/2018 Tyler conference meals 04/22 to 04/25/18 $176.00 714638 05/11/2018 Open Accounts Payable KAREN GOTTLEIB $650.00 Invoice Date Description Amount KG.S1 05/09/2018 First spring payment $650.00 714639 05/11/2018 Open Accounts Payable KENYATTA ALI $253.50 Invoice Date Description Amount KA.S1 05/09/2018 First spring payment $253.50 714640 05/11/2018 Open Accounts Payable KMVT COMMUNITY TELEVISION $5,113.89 Invoice Date Description Amount 7215 04/30/2018 Community Access TV April 2018 $5,113.89 714641 05/11/2018 Open Accounts Payable KORACH, ZACH $190.61 Invoice Date Description Amount ZachK042518 04/25/2018 Tyler conference travel reimbursement 4/22-4/25/18 $190.61 714642 05/11/2018 Open Accounts Payable Life Insurance Company of North America $13,020.26 Invoice Date Description Amount 0946027368000005 05/01/2018 May 2018 CIGNA $13,020.26 714643 05/11/2018 Open Accounts Payable Loomis, Mike $55.00 Invoice Date Description Amount MikeL042618 04/26/2018 Cell Phone Reimbursement: 3/27/18-4/26/18 $55.00 714644 05/11/2018 Open Accounts Payable LOU THURMAN $130.00 Invoice Date Description Amount LT.S1 05/09/2018 First spring payment $130.00 714645 05/11/2018 Open Accounts Payable MALLIKA M THOPPAY $160.00 Invoice Date Description Amount MT.S1 05/09/2018 First spring payment $160.00 Friday, May 11, 2018Pages: 6 of 24user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 5/5/2018 - To Payment Date: 5/11/2018 168 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 714646 05/11/2018 Open Accounts Payable MAMI WEBER $504.00 Invoice Date Description Amount MW.S1 05/09/2018 First spring payment $504.00 714647 05/11/2018 Open Accounts Payable Managed Health Network Inc $773.30 Invoice Date Description Amount PRM-022733 05/01/2018 May 2018 EAP Benefit $773.30 714648 05/11/2018 Open Accounts Payable MAU TRUONG $238.98 Invoice Date Description Amount MTR.S1 05/09/2018 First spring payment $238.98 714649 05/11/2018 Open Accounts Payable MEIR, ERIKA $416.00 Invoice Date Description Amount 05072018 05/07/2018 Yoga Foundations (3/15-5/3) 13 Students $416.00 714650 05/11/2018 Open Accounts Payable Mersich, Misty $306.59 Invoice Date Description Amount MistyM04302018 04/30/2018 Coffee for Sustainability Series Meeting 4/12/2018 $54.50 MistyM04242018 04/24/2018 Food for Earth Day 2018 $122.89 MistyM04232018 04/23/2018 LGSEC Meeting in Sacramento 2018 $129.20 714651 05/11/2018 Open Accounts Payable MICHELE WESTLAKEN $245.00 Invoice Date Description Amount 05072018 05/07/2018 Feldenkrais Movements (3/20-5/8) 7 Students $245.00 714652 05/11/2018 Open Accounts Payable Milkes, Jeff $150.00 Invoice Date Description Amount JeffM043018 04/30/2018 Reimbursement for MetroPCS Phone Services 01/01/18-03/31/18 $150.00 714653 05/11/2018 Open Accounts Payable MOOD MEDIA $94.28 Invoice Date Description Amount 53893063 05/01/2018 music $94.28 714654 05/11/2018 Open Accounts Payable NAPA Auto Parts $333.72 Invoice Date Description Amount 541514 05/04/2018 LED Sub Trail $54.36 541463 05/03/2018 Air & Oil Filters $267.66 541526 05/04/2018 Spark Plugs $11.70 714655 05/11/2018 Open Accounts Payable NEMA CONSTRUCTION $11,000.00 Invoice Date Description Amount Final 01/29/2018 Final payment -Sprts Cntr Upgrade East Court Lighting Conversion $11,000.00 714656 05/11/2018 Open Accounts Payable NI GOVERNMENT SERVICES INC $79.04 Invoice Date Description Amount 8041221665 05/01/2018 Satellite Phone Services for 4/1/2018 - 4/30/2018 $79.04 714657 05/11/2018 Open Accounts Payable NIDHI MATHUR $1,260.92 Invoice Date Description Amount NidhiM042218 04/22/2018 NidhiM042218 Tyler Connect Conference 4/22-4/25/18 $1,260.92 714658 05/11/2018 Open Accounts Payable O'REILLY AUTO PARTS $41.21 Invoice Date Description Amount 2591-328235 05/04/2018 Fuel Cap, Tail Light $41.21 Friday, May 11, 2018Pages: 7 of 24user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 5/5/2018 - To Payment Date: 5/11/2018 169 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 714659 05/11/2018 Open Accounts Payable OASAY-ANDERSON, TONI $597.90 Invoice Date Description Amount ToniOA042518 04/25/2018 Tyler Conference travel reimbursement $183.43 ToniO05072018 05/07/2018 Reimbursement for ICMA West Coast Conference $414.47 714660 05/11/2018 Open Accounts Payable OFFICE DEPOT $440.49 Invoice Date Description Amount 130635258001 04/24/2018 office supplies $113.81 133244787001 05/01/2018 office suppliles, disposable gloves for cash handling $20.70 133271997001 05/01/2018 office supplies $20.70 132344363001 04/27/2018 Office Supplies and Hot Chocolate $268.70 132360356001 04/27/2018 Travel Office Supplies $16.58 714661 05/11/2018 Open Accounts Payable PACIFIC GAS & ELECTRIC $16,044.20 Invoice Date Description Amount 1715-04202018 04/20/2018 4993063171-3/16-4/16/18 $16,044.20 714662 05/11/2018 Open Accounts Payable PG&E $87.93 Invoice Date Description Amount Import - 46026 04/10/2018 116367001 -E27H4 Wolfe and Rte 280 NB Loc A $87.93 714663 05/11/2018 Open Accounts Payable PG&E $69,342.23 Invoice Date Description Amount Import - 46027 04/10/2018 116367013 -1486 S Stelling Rd, Irrigation Control $20.04 Import - 46028 04/10/2018 116367025 -De Anza and Lazaneo, Traffic Signal $125.17 Import - 46029 04/10/2018 116367026 -Behind 10343 N Wolfe, Fountain Pump Pub Works $88.25 Import - 46030 04/10/2018 116367035 -De Anza Blvd and Mariani, Traffic Signal/Safety Lts $190.18 Import - 46032 04/10/2018 116367044 - 10555 Mary Ave NEM $71.76 Import - 46033 04/10/2018 116367045 -De Anza Blvd and Hwy 280 S/Ramp, Traffic Signal $184.82 Import - 46034 04/10/2018 116367050 -NW Corner Stevens Crk, Traffic Signals $187.87 Import - 46035 04/10/2018 116367055 -Saich Wy and Stevens Crk NE Corner, Traffic Signal $104.30 Import - 46036 04/10/2018 116367060 -E37R0 Stevens Creek and De Anza Blvd, Traffic Signal $160.97 Import - 46037 04/10/2018 116367065 -Stevens Creek Blvd E/Saich Wy, Sprinkler Control $20.80 Import - 46038 04/10/2018 116367067 -Stonydale Dr and Varian Park, walkway lighting and Ir $166.16 Import - 46039 04/10/2018 116367070 -Stevens Creek and Blaney Ave., Traffic Signal $215.49 Import - 46040 04/10/2018 116367071 -Linda Vista Dr / Hillside Park, Hillside Park $42.80 Import - 46041 04/10/2018 116367075 -Vallco Pkwy and Perimeter Rd., Traffic Signals $149.41 Import - 46043 04/10/2018 116367090 -Wolfe and Vallco Pkwy, Traffic Signals $223.12 Import - 46044 04/10/2018 116367100 -E37H3 Wolfe and 280 SB Loc B, Traffic Signal $223.91 Import - 46045 04/10/2018 116367105 -Stevens Crk and Wolfe Rd, Traffic Signals $131.31 Import - 46046 04/10/2018 116367110 -SW Cor Stevens Crk and Portal, Traffic Signal $178.34 Import - 46047 04/10/2018 116367113 -Miller E/S 100N off Calle De Barcelona $113.79 Friday, May 11, 2018Pages: 8 of 24user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 5/5/2018 - To Payment Date: 5/11/2018 170 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Import - 46048 04/10/2018 116367115 -Stevens Crk and Perimeter Rd, Traffic Control Signal $178.88 Import - 46049 04/10/2018 116367120 -Vallco Prky/Tantau Ave, Traffic Signal $136.73 Import - 46050 04/10/2018 116367125 -Stevens Crk and Tantau, Traffic Signals $140.45 Import - 46051 04/10/2018 116367130 -NW Corner Steven Crk and Torre, Traffic Signal $123.84 Import - 46052 04/10/2018 116367145 -10300 Torre Ave, City Hall $15,351.14 Import - 46053 04/10/2018 116367150 -Homestead and Wolfe Road, Sunnyvale $140.83 Import - 46054 04/10/2018 116367154 -22601 Voss Ave $1,487.79 Import - 46055 04/10/2018 116367155 -Homestead and Blaney, Cupertino Traffic Signal, Sunny $89.06 Import - 46056 04/10/2018 116367165 -S/E Wolfe-Pruneridge, Sprinkler Control and Traffic S $146.81 Import - 46057 04/10/2018 116367170 -Tantau Ave and Tandem D/W, Traffic Signal $129.40 Import - 46058 04/10/2018 116367171 -10155 Barbara Ln, Irrigation and Scoreboard $56.16 Import - 46059 04/10/2018 116367175 -S/E Corner Pruneridge and Tantau, Traffic Controller $114.25 Import - 46060 04/10/2018 116367180 -Finch and Stevens Creek, Traffic Signals $140.11 Import - 46063 04/10/2018 116367185 -Wolfe Rd 500 Ft S/O Homestead, City/Sign Lighting $48.52 Import - 46064 04/10/2018 116367195 -Corner Miller and Phil Ln, Traffic Signal $107.64 Import - 46065 04/10/2018 116367200 -Homestead and De Anza Blvd, Traffic Signal/Dept Pub W $130.66 Import - 46066 04/10/2018 116367205 -Homestead Rd and Franco Ct, Traffic Signals $89.82 Import - 46067 04/10/2018 116367215 -N/Ramp De Anza Blvd, Traffic Signal $114.16 Import - 46068 04/10/2018 116367220 -Homestead Rd and Bluejay Rd, Traffic Signals $107.25 Import - 46069 04/10/2018 116367225 -WS Portal Btw Amhurst-Wheaton , Portal Prk Ltg, Prk L $269.62 Import - 46070 04/10/2018 116367236 -Stelling Rd Median 450' S/O Stevens Crk, Landscape Ir $22.42 Import - 46071 04/10/2018 116367245 -Stevens Creek Blvd and Janice Ave, Sprinkler Control $28.74 Import - 46072 04/10/2018 116367255 -Lucille and Villa De Anza, Sprinkler Control $391.59 Import - 46073 04/10/2018 116367269 -Cor/Lucille and Randy Ln, Sprinkler System $22.23 Import - 46075 04/10/2018 116367275 -Homestead and Tantau, Cupertino Traffic Signal, Sunny $203.44 Import - 46076 04/10/2018 116367280 -Stevens Creek Blvd and Fwy 85 East Ramp, Traffic Sign $136.01 Import - 46077 04/10/2018 116367285 -21111 Stevens Creek Blvd, Sports Center $9,874.11 Import - 46078 04/10/2018 116367285 -21111 Stevens Creek Blvd, Teen Center $375.00 Import - 46079 04/10/2018 116367290 -Stevens Creek and Mary Ave, Traffic Signals $130.27 Import - 46083 04/10/2018 116367325 -21975 San Fernando Ave, Picnic Area $4,830.18 Import - 46084 04/10/2018 116367332 -821 Bubb Rd #B/Building Concession $170.85 Import - 46086 04/10/2018 116367343 -Foothill Blvd 150' N/O Alpine E/S, Irrigation Control $20.04 Friday, May 11, 2018Pages: 9 of 24user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 5/5/2018 - To Payment Date: 5/11/2018 171 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Import - 46087 04/10/2018 116367357 -N De Anza 188 FT N/Valley Green Dr, Irrig Controller $20.32 Import - 46088 04/10/2018 116367359 -Homestead and Heron, traffic control svc $108.62 Import - 46089 04/10/2018 116367360 -10300 Aninworth Dr, Ball Park Stevens Creek SV $20.37 Import - 46090 04/10/2018 116367370 -Stevens Creek Blvd and Fwy 85 West Ramp, Traffic Sign $20.04 Import - 46091 04/10/2018 116367375 -10710 Stokes Ave, Somerset Park $72.10 Import - 46092 04/10/2018 116367380 -NE Corner Peninsula and Stevens Creek, Traffic Signal $126.30 Import - 46093 04/10/2018 116367385 -End/Stokes W/Wilson Crt, Sprinkler Control $22.41 Import - 46094 04/10/2018 116367395 -N/E corner Foothill and Starling Dr, Traffic Signals $101.21 Import - 46095 04/10/2018 116367401 -Miller W/S N of Greenwood $26.27 Import - 46096 04/10/2018 116367408 -Stevens Creek Bl and Mary Avenue, Memorial Park Pump $95.32 Import - 46099 04/10/2018 116367437 -10455 Miller Ave, Creekside Park $1,021.44 Import - 46101 04/10/2018 116367447 -Stelling Rd Median 500' S/O Peppertree Ln, Landscape $23.10 Import - 46102 04/10/2018 116367449 -10350 Torre Ave, Community Hall $4,724.39 Import - 46103 04/10/2018 116367455 -E37R9 Rodriguez and De Anza Blvd, Traffic Signal $134.15 Import - 46104 04/10/2018 116367465 -De Anza Blvd and Scofield Dr, Sprinkler Controller $22.02 Import - 46106 04/10/2018 116367474 -10500 Ann Arbor Ave, Field-Garden Gate $20.04 Import - 46107 04/10/2018 116367475 -Foothill and Stevens Creek, Traffic Signal $116.74 Import - 46108 04/10/2018 116367476 -Salem Ave and Foothill Blvd, Irrigation Control $20.04 Import - 46109 04/10/2018 116367477 -21121 Stevens Creek Blvd, Memorial Park $3,947.70 Import - 46110 04/10/2018 116367484 -20220 Suisun Dr, Parks and Rec Free Standing Panel $39.16 Import - 46111 04/10/2018 116367493 -Dumas Dr/Jollyman Park, Jollyman Park Restroom $403.36 Import - 46112 04/10/2018 116367505 -Stevens Crk and Stelling, Signal $123.56 Import - 46113 04/10/2018 116367510 -Bubb Rd and Results Wy, Traffic Signal $93.93 Import - 46114 04/10/2018 116367515 -Bubb Rd and McClellan Intersection, Traffic Signal $133.79 Import - 46115 04/10/2018 116367520 -Stelling Rd and Peppertree, Traffic Signal $94.13 Import - 46116 04/10/2018 116367525 -Stelling and McClellan, Signals $119.42 Import - 46117 04/10/2018 116367527 -Foothill Blvd 200' N/O Stevens Creek W/S, Irrigation $20.13 Import - 46118 04/10/2018 116367530 -Orange Ave and Stevens Creek N/E corner, Traffic Cont $85.78 Import - 46119 04/10/2018 116367536 -Senior Center $5,211.76 Import - 46120 04/10/2018 116367545 -Saratoga-Sunnyvale Rd, Traffic Signal $120.76 Import - 46121 04/10/2018 116367550 -W/S Saratoga-Sunnyvale Rd @ RT85, Traffic Signal $103.95 Import - 46122 04/10/2018 116367559 -21011 Prospect Rd, Irrigation Control $20.17 Import - 46123 04/10/2018 116367560 -S/E corner De Anza and Pacifica, Traffic Signal $134.73 Friday, May 11, 2018Pages: 10 of 24user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 5/5/2018 - To Payment Date: 5/11/2018 172 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Import - 46124 04/10/2018 116367568 -CORP YARD NEM $41.04 Import - 46125 04/10/2018 116367570 -De Anza Blvd, Sprinkler Controller *$22.02 Import - 46126 04/10/2018 116367585 -Rainbow and Stelling, Traffic Signal $101.77 Import - 46127 04/10/2018 116367587 -10430 S De Anza Blvd, Holiday Lighting $28.29 Import - 46128 04/10/2018 116367590 -Saratoga Sunnyvale Rd and Hwy 85, Traffic Signal $107.47 Import - 46129 04/10/2018 116367605 -E37C1 Prospect and Rte 85, Traffic Signal $124.53 Import - 46130 04/10/2018 116367610 -E37R6 Kentwood/S. De Anza Blvd, Traffic Signal $121.75 Import - 46131 04/10/2018 116367615 -Fallenleaf Ln and S De Anza Blvd, Traffic Signal $122.45 Import - 46132 04/10/2018 116367620 -S De Anza Blvd and Sharon Dr , Irrigation Controller $29.39 Import - 46133 04/10/2018 116367625 -Stevens Creek Blvd Orange S/W Cor, Irrigation Control $20.04 Import - 46134 04/10/2018 116367628 -N/W corner Alpine Dr and Foothill Blvd, Irrigation Co $20.04 Import - 46135 04/10/2018 116367630 -22100 Stevens Creek Blvd, Golf Pro Shop $285.60 Import - 46136 04/10/2018 116367648 -Linda Vista Park/Linda Vista Dr, Irrigation Control $239.21 Import - 46137 04/10/2018 116367656 -Scofield and De Anza, 100HP $22.59 Import - 46138 04/10/2018 116367677 -De Anza and Lazaneo, Sprinkler System $20.15 Import - 46139 04/10/2018 116367685 -Ruppell Pl and Moltzen Dr, Sprinkler Control $172.63 Import - 46140 04/10/2018 116367740 -Carmen Rd and Stevens Creek S/E corner, Irrigation Co $20.04 Import - 46142 04/10/2018 116367763 -10630 S De Anza Blvd, Holiday Lighting $41.46 Import - 46143 04/10/2018 116367782 -N/S Stevens Creek Blvd in front of 20301, Irrigation $20.04 Import - 46144 04/10/2018 116367793 -101 Skyport Dr, DG A, San Jose, PGandE-Owned St/Highw $1,659.58 Import - 46145 04/10/2018 116367815 -19784 Wintergreen Dr $641.11 Import - 46147 04/10/2018 116367836 -De Anza Blvd E/S S/O Lazaneo, Sprinkler Control $20.20 Import - 46148 04/10/2018 116367840 -community ctr -NEW $9,654.41 Import - 46149 04/10/2018 116367902 -10246 Parkside Ln, Wilson Pk Sprinklers,Snack Shack,I $335.26 Import - 46150 04/10/2018 116367907 -S/W Corner Stelling and Green leaf, Traffic Signal $122.47 Import - 46151 04/10/2018 116367910 -Foothill Blvd 100' N/O Starling E/S, Irrigation Contr $20.04 Import - 46152 04/10/2018 116367925 -22601 Voss Ave, Outdoor Lighting-MV Park $34.81 Import - 46153 04/10/2018 116367941 -7548 Donegal Dr, Irrigation Control /Hoover Park $20.10 Import - 46155 04/10/2018 116367988 -21710 McClellan Rd, Playground Reception Area $20.04 714664 05/11/2018 Open Accounts Payable PINE PRESS $866.55 Invoice Date Description Amount 48954 05/01/2018 May-June 50+ Scene Newsletters 2018 $866.55 Friday, May 11, 2018Pages: 11 of 24user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 5/5/2018 - To Payment Date: 5/11/2018 173 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 714665 05/11/2018 Open Accounts Payable PLACEWORKS, INC $2,970.24 Invoice Date Description Amount 65051 03/31/2018 The Forum #710 EIR 2018/03 $1,988.49 65052 03/31/2018 Cupertino Village Hotel #812 IS/MND 2018/03 $981.75 714666 05/11/2018 Open Accounts Payable PLEASANTON TRUCKING, INC.$2,607.00 Invoice Date Description Amount 114803259 04/18/2018 Grounds Sports Fields: Infield Mix $2,607.00 714667 05/11/2018 Open Accounts Payable POGO INC $1,881.57 Invoice Date Description Amount 147 05/08/2018 Kidpool Pilot Project Agreement 10-18-2017 through 06-30-2018 $1,881.57 714668 05/11/2018 Open Accounts Payable REBECCA MCCORMICK $642.50 Invoice Date Description Amount RM.S1 05/09/2018 First spring payment $642.50 714669 05/11/2018 Open Accounts Payable RONALD D OLDS $414.00 Invoice Date Description Amount 5214 05/04/2018 Ron Olds (Control Room Wiring; ProBlox wiring project) $414.00 714670 05/11/2018 Open Accounts Payable ROYAL COACH TOURS $4,100.44 Invoice Date Description Amount 13655 05/08/2018 6/3/18 Castroville $894.64 13657 05/08/2018 6/14/18 Pageo Lavendar $1,207.90 13658 05/08/2018 6/20/18 Santa Cruz Beach Train $1,015.10 14326 05/08/2018 6/26/18 SF Fun $982.80 714671 05/11/2018 Open Accounts Payable RUBY CHEN $240.00 Invoice Date Description Amount RC.S1 05/09/2018 First spring payment $240.00 714672 05/11/2018 Open Accounts Payable SAN JOSE WATER COMPANY $19,434.80 Invoice Date Description Amount Import - 46602 03/27/2018 0063820000-6 - Janice Av.LS $41.18 Import - 46604 03/27/2018 0068410000-1 - 22221 McClellan 8302 $336.34 Import - 46605 03/27/2018 0134100000-6 - 8303 Memorial Park $263.85 Import - 46606 04/04/2018 0251610000-1 - 19500 Calle De Barcelona $56.98 Import - 46608 03/27/2018 0345710000-0 - Alderbrook Ln.FS $81.63 Import - 46610 03/27/2018 0677310000-0 - 10300 Torre Ave LS (Comm.Hall)$220.40 Import - 46612 03/27/2018 1198300000-8 - 21979 San Fernando Ave. 6620 $144.78 Import - 46613 03/27/2018 1250520000-1 - 6620 Blackberry/Snack $212.09 Import - 46614 03/27/2018 1332100000-5 - Hyde Avenue $787.40 Import - 46615 03/27/2018 1393820000-6 - Irrig SC/Stelling LS (Stev Crk Blvd)$41.18 Import - 46616 03/27/2018 1444810000-9 - Hyannisport Dr. LS $1,223.11 Import - 46617 04/04/2018 1649600000-7 - Barrington Bridge Lane $183.09 Import - 46620 03/27/2018 1735700000-3 - 8303 Memorial Park Restroom $139.61 Import - 46621 03/27/2018 1787904559-3 - 22221 McClellan 8302 $143.32 Import - 46622 03/27/2018 1832500000-0 - Ruppell PL LS $466.68 Import - 46623 03/27/2018 1836700000-9 - 8322 Mary Mini Park $155.15 Import - 46624 03/27/2018 1987700000-0 - Alderbrook Ln LS $2,683.58 Import - 46625 03/27/2018 2228610000-7 - 21111 Stevens Crk LS $315.62 Friday, May 11, 2018Pages: 12 of 24user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 5/5/2018 - To Payment Date: 5/11/2018 174 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Import - 46626 03/27/2018 2243500000-9 - 10300 Ainsworth Dr.LS $129.29 Import - 46627 03/27/2018 2286120000-8 - 21251 Stevens Creek Blvd $48.84 Import - 46628 03/27/2018 2288800000-1 - 8306 Somerset Park $144.78 Import - 46629 04/04/2018 2628900000-7 - Farallone Dr.LS $685.54 Import - 46630 03/27/2018 2649300000-9 - 10300 Torre Ave. FS (Comm.Hall)$81.63 Import - 46631 03/27/2018 2892070144-9 - 22221 McClellan 8320 $97.69 Import - 46632 03/27/2018 2958510000-0 - 10555 Mary Ave.$67.04 Import - 46633 03/27/2018 2974010000-2 - 21251 Stevens Creek Blvd $237.97 Import - 46634 03/27/2018 2984810000-3 - 8504 Alves and Stelling $222.44 Import - 46636 03/27/2018 3207400000-4 - 21710 McClellan 8312 $134.43 Import - 46637 03/27/2018 3296700000-4 - Irrig SC/Stelling LS (Stev Crk Blvd)$41.18 Import - 46638 03/27/2018 3322910000-4 - 8306 Somerset Park $129.29 Import - 46639 03/27/2018 3430520000-4 - 21111 Stev. Crk Blvd Teen Ctr $33.00 Import - 46640 03/27/2018 3530520000-4 - 21111 Stev.Crk Blvd 8510 $261.91 Import - 46641 03/27/2018 3612707315-7 - Stocklmeir Ct $305.27 Import - 46642 03/27/2018 3673220000-5 - Stev.Crk/Cupertino Rd.$41.18 Import - 46645 03/27/2018 3746710000-6 - 21111 Stev.Crk BL FS $73.28 Import - 46646 03/27/2018 3841010000-2 - 8507 Monta Vista Park $175.85 Import - 46647 03/27/2018 3856110000-9 - 8322 Stella Estates $41.18 Import - 46648 03/27/2018 3857710000-1 - 8322 Foothill/Cupertino Rd $81.24 Import - 46650 03/27/2018 3900520000-9 - 10300 Torre Ave $392.67 Import - 46652 03/27/2018 4103020000-4 - 6620 Blackberry/Snack $186.21 Import - 46653 03/27/2018 4227520000-6 - 8303 Memorial Park $367.39 Import - 46656 03/27/2018 5122900000-8 - Portable Meter $266.41 Import - 46657 03/27/2018 5237400000-9 - Dumas Dr, LS $759.22 Import - 46663 03/27/2018 5778910000-5 - 8504 Quinlan Ln.FS $48.84 Import - 46664 03/27/2018 5835000000-4 - 8322 Stelling/Alves $81.24 Import - 46666 03/27/2018 5948100000-4 - Emerg Irrig/Golf $1,623.15 Import - 46667 03/27/2018 5986710000-6 - 10300 Torre Ave. FS (Comm.Hall)$295.30 Import - 46668 03/27/2018 5997110000-9 - 7555 Barnhart Pl $461.39 Import - 46669 03/27/2018 6292600000-1 - 10800 Torre Ave LS $381.21 Import - 46670 03/27/2018 6296810000-8 - 8322 Stev.Crk Bl median $82.57 Import - 46671 03/27/2018 6405210000-1 - 8506 McClellan Ranch $72.20 Import - 46672 03/27/2018 6578520000-0 - 8322 Foothill/Alpine LS $81.24 Import - 46673 03/27/2018 6730700000-9 - 21975 San Fernando Av $41.18 Import - 46675 03/27/2018 6788620000-4 - 10555 Mary Ave. 8503 $170.68 Import - 46677 03/27/2018 6907100000-9 - Alderbrook Ln $131.85 Import - 46678 03/27/2018 6935200000-9 - 8303 Memorial Park $139.61 Import - 46679 03/27/2018 6973320000-5 - 8301 Linda Vista PK1 $160.31 Import - 46680 03/27/2018 7036000000-7 - 85 Stev.Crk/Mary LS $81.24 Import - 46682 03/27/2018 7054200000-8 - 8322 Phar Lap LS $527.31 Import - 46684 03/27/2018 7495200000-3 - 10300 Torre Ave FS $81.63 Import - 46686 03/27/2018 7630410000-1 - Salem Av.LS $112.26 Import - 46689 03/27/2018 7930000000-1 - 8322 Stelling/Christensen Dr.$81.24 Import - 46690 03/27/2018 8006810000-9 - 10450 Mann Dr $25.19 Import - 46691 03/27/2018 8065700000-8 - Peninsula and Fitzgerald Is $30.33 Import - 46692 04/04/2018 8148220000-3 - Sterling BL LS(Sterlinig BarnhartPk)$155.75 Import - 46693 03/27/2018 8270010000-9 - Janice Ave.LS $129.29 Import - 46694 03/27/2018 8287220000-9 - 8322 Stevens Cr/San Antonio Ls $41.18 Import - 46695 03/27/2018 8427420000-9 - 8322 Foothill/Vista Knoll $81.24 Friday, May 11, 2018Pages: 13 of 24user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 5/5/2018 - To Payment Date: 5/11/2018 175 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference Import - 46696 03/27/2018 8549600000-2 - Bubb Rd.LS $679.03 Import - 46697 03/27/2018 8605220000-2 - Stev.Crk/Orange LS $41.18 Import - 46698 03/27/2018 8647520000-1 - 10555 Mary Ave/Corp Yard FS $122.12 Import - 46699 03/27/2018 8755010000-9 - 10455 Miller Ave/Creekside $272.42 Import - 46700 03/27/2018 8879620000-9 - 8504 Christensen Dr $217.27 Import - 46701 03/27/2018 8886800000-6 - 8301 Linda Vista PK2 $144.78 Import - 46704 03/27/2018 9377600000-7 - 8307 Varian Park $186.21 Import - 46710 03/27/2018 9785210000-3 - 8322 Stev.Crk BL median $41.18 Import - 46711 03/27/2018 9824500000-9 - 8322 Irrig SC/Stelling $112.26 714673 05/11/2018 Open Accounts Payable SANTA CLARA COUNTY SHERIFF DEPT $949,809.08 Invoice Date Description Amount 1800062718 05/02/2018 Law Enforcement services for May 2018 $949,809.08 714674 05/11/2018 Open Accounts Payable SANTA CLARA VALLEY TRANS AUTHORITY $91,916.42 Invoice Date Description Amount 12 04/17/2018 Expenditure for 1/1/18 - 3/31/18 -VTA Fndng Agrmnt I- 280 Imprvmt $27,213.13 1800024318 04/30/2018 Billing No. 2 - AC2 Traffic Mitigation/Stelling Rd Bus Stop $62,981.60 1800024319 04/30/2018 Billing No. 10 - AC2 Traffic Mitigation/Rapid Bus Stop $1,721.69 714675 05/11/2018 Open Accounts Payable SCHAAF & WHEELER $11,600.00 Invoice Date Description Amount 29591 04/30/2018 Billing through 4/30/18 - Storm Drain Master Plan $11,600.00 714676 05/11/2018 Open Accounts Payable SECRETARY OF STATE $80.00 Invoice Date Description Amount 041018 05/08/2018 #6411198 Notary Public Application fee Kirsten Squarcia $40.00 041018-2 05/08/2018 #6411196 Notary Public Application fee Lauren Sapudar $40.00 714677 05/11/2018 Open Accounts Payable SIGNAWEST SYSTEMS $385.00 Invoice Date Description Amount 5963 04/27/2018 Facilities: Service Call-Fire Alarm $385.00 714678 05/11/2018 Open Accounts Payable SSA LANDSCAPE ARCHITECTS INC $5,822.00 Invoice Date Description Amount 6088 04/26/2018 Services from 3/26/18 - 4/25/18 -McClellan Ranch West Prking Lot $5,822.00 714679 05/11/2018 Open Accounts Payable STAPLES BUSINESS ADVANTAGE $67.52 Invoice Date Description Amount 3376160033 04/27/2018 Office Supplies $35.57 3376081512 04/26/2018 Kitchen Supplies: Cream, Dish Soap $31.95 714680 05/11/2018 Open Accounts Payable STATE CONTROLLER, STATE OF CALIF $39.78 Invoice Date Description Amount FTB-00000693 04/30/2018 State processing fee, 22 names $39.78 Friday, May 11, 2018Pages: 14 of 24user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 5/5/2018 - To Payment Date: 5/11/2018 176 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 714681 05/11/2018 Open Accounts Payable SUPERCO SPECIALTY PRODUCTS $139.89 Invoice Date Description Amount 15055352 05/01/2018 General Supplies $139.89 714682 05/11/2018 Open Accounts Payable SYSCO FOOD SERVICES OF SF $1,405.52 Invoice Date Description Amount 250078765 04/30/2018 Senior Center Scysco order May18 $1,405.52 714683 05/11/2018 Open Accounts Payable THE WILFRED JARVIS INSTITUTE $1,462.50 Invoice Date Description Amount 07012018KF 05/02/2018 Staff Training $1,462.50 714684 05/11/2018 Open Accounts Payable TSAI , JENNY $440.00 Invoice Date Description Amount JT.S1 05/09/2018 First spring payment $440.00 714685 05/11/2018 Open Accounts Payable U S HEALTHWORKS MEDICAL GROUP PC $84.00 Invoice Date Description Amount 3316083-CA 04/27/2018 TB SKIN TESTS $84.00 714686 05/11/2018 Open Accounts Payable US BANK-PURCHASING CARD PROGRAM $72,284.19 Invoice Date Description Amount JeffO041618 04/16/2018 9315 CC Charges $2,919.08 TiffanieC041618 04/16/2018 4383 CC Charges $248.85 AdriannaS041618 04/16/2018 0890 CC Charges $61.31 AraceliA041618 04/16/2018 0722 CC Charges $206.85 UrsulaS041618 04/16/2018 2512 CC Charges $179.40 JuliaK041618 04/16/2018 0918 CC Charges $471.07 JennyK041618 04/16/2018 8829 CC Charges $1,893.27 KarenL4041618 04/16/2018 9583 CC Charges $804.80 AlbertS041618 04/16/2018 7270 CC Charge $3,212.19 KimC041618 04/16/2018 8696 CC Charges $400.00 ReiD041618 04/16/2018 9254 CC Charge $2,467.67 Maryr041618 04/16/2018 7630 CC Charges $796.30 MikeL041618 04/16/2018 9433 CC Charges $737.72 CesarG 041618 04/16/2018 9076 CC Charges $30.90 AndrewS 041618 04/16/2018 9993 CC Charges $2,041.38 BethE041618 04/16/2018 5593 CC charges $5,228.16 ChristineH041618 04/16/2018 5957 CC Charges $14.16 LupeC041618 04/16/2018 8738 CC Charges $364.22 KimF041618 04/16/2018 6867 CC Charges $138.15 PeggyF041618 04/16/2018 0924 CC Charges $594.90 ToniO041618 04/16/2018 6442 CC Charges $4,049.65 BillM041618 04/16/2018 6500 CC Charges $5,731.04 MariluM041618 04/16/2018 8795 CC Charges $1,005.96 JustinC041618 04/16/2018 0916 CC Charges $224.08 KevinK041618 04/16/2018 8746 CC Charges $244.53 CarlV041618 04/16/2018 6520 CC Charges $214.00 MariahD041618 04/16/2018 5538 CC Charges $62.59 RebeccaS041618 04/16/2018 6158 CC Charges $530.82 DavidB4162018 04/16/2018 3785 CC Charges $3,693.07 Friday, May 11, 2018Pages: 15 of 24user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 5/5/2018 - To Payment Date: 5/11/2018 177 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference LauraL041618 04/16/2018 8688 CC Charges $372.81 ClareF041618 04/16/2018 0078 CC Charges $10.06 TimC041618 04/16/2018 6518 CC Charges $104.43 AmandaH041618 04/16/2018 9326 CC Charges $1,333.23 RachelleS041618 04/16/2018 8269 CC Charges $3,740.38 BrianB041618 04/16/2018 4195 CC Charges $3,436.99 GraceS041628 04/16/2018 2958 CC Charges $1,208.21 AlexC041618 04/16/2018 0400 CC Charges $931.72 JuliaL041518 05/03/2018 0908 CC Charges $1,312.46 JeffM041618 04/16/2018 4203 CC Charges $169.95 BarbaraB041618 04/16/2018 8712 CC Charges $441.41 KarenG041618 04/16/2018 0882 CCCharges $211.06 MollyJ041618 04/16/2018 5546 CC Charges $5,738.86 ColleenF041618 04/16/2018 0798 CC charges $995.54 KeithW041618 04/16/2018 8803 CC Charges $383.19 DanielM041618 04/16/2018 8787 CC Charges $2,443.72 BradA041618 04/16/2018 6013 CC Charges $136.75 BrianG041618 04/16/2018 6202 CC Charges $589.40 KenT041618 04/16/2018 8562 CC Charges $481.24 JonathanF041618 04/16/2018 3969 CC Charges $532.37 BillB041618 04/16/2018 5247 CC Charges $1,813.70 IsaacP041618 04/16/2018 0125 CC Charges $405.32 TyB041618 04/16/2018 3195 CC Charges $1,110.09 RudyL041618 04/16/2018 8736 CC Charges $187.94 JasonG041618 04/16/2018 2795 CC Charges $295.63 DomingoS041618 04/16/2018 7167 CC Charges $47.29 RobertG041618 04/16/2018 6980 CC Charges $287.98 ChyleneO041618 04/16/2018 5561 CC Charges $4,996.34 714687 05/11/2018 Open Accounts Payable VALLEY OIL COMPANY $7,084.00 Invoice Date Description Amount 921521 04/30/2018 Renewable Clear Diesel $7,084.00 714688 05/11/2018 Open Accounts Payable VERIZON WIRELESS $8,841.50 Invoice Date Description Amount 9804746596-1 04/04/2018 408-202-5384 Adrianna Stankovich $38.01 9804746596-2 04/04/2018 408-204-3430 Lauren Dickinson $38.01 9804746596-3 04/04/2018 408-204-3449 Rei Delgado $38.01 9804746596-4 04/04/2018 408-205-3349 Senior Ctr/Rafael $53.75 9804746596-5 04/04/2018 408-205-4541 W. Jonathan Ferrante $879.74 9804746596-6 04/04/2018 408-205-6589 David Brandt $70.84 9804746596-7 04/04/2018 408-206-0538 Quinton Adams $54.70 9804746596-8 04/04/2018 408-206-4856 Curtis Bloomquist $70.87 9804746596-9 04/04/2018 408-206-7512 Tracy Ayala $38.01 9804746596-10 04/04/2018 408-209-0148 James Steed $366.74 9804746596-11 04/04/2018 408-209-3255 Quinton Adams iPad $38.01 9804746596-12 04/04/2018 408-234-0189 Bill Mi-Fi $38.01 9804746596-13 04/04/2018 408-234-0843 Misty Mersich $38.01 9804746596-14 04/04/2018 408-234-0978 GIS Department $38.01 9804746596-15 04/04/2018 408-234-1270 Jonathan Ferrante Medians Group #1 $38.01 9804746596-16 04/04/2018 408-234-1543 Karen Goss $53.75 Friday, May 11, 2018Pages: 16 of 24user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 5/5/2018 - To Payment Date: 5/11/2018 178 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 9804746596-17 04/04/2018 408-234-4724 Building Attendants Quinlan $53.75 9804746596-18 04/04/2018 408-234-8494 Roger Lee $68.73 9804746596-19 04/04/2018 408-309-0340 Piu Ghosh $53.75 9804746596-20 04/04/2018 408-309-0536 Phillip Wilkomm $53.75 9804746596-21 04/04/2018 408-309-1985 Barbara Banfield $53.75 9804746596-22 04/04/2018 408-309-2693 Christine Hanel $38.01 9804746596-23 04/04/2018 408-309-4294 Albert Salvador $63.75 9804746596-24 04/04/2018 408-309-5709 Clare Francavilla $38.01 9804746596-25 04/04/2018 408-309-5733 McClellan 2 $12.27 9804746596-26 04/04/2018 408-309-7042 Kristina Alfaro $53.75 9804746596-27 04/04/2018 408-309-7640 Bob Sabich $53.75 9804746596-28 04/04/2018 408-309-8401 Rudy Lomas $38.01 9804746596-29 04/04/2018 408-309-8468 Jerry Anderson $38.01 9804746596-30 04/04/2018 408-309-9249 Jeff Greef $53.75 9804746596-31 04/04/2018 408-309-9252 Antonio Torrez $53.75 9804746596-32 04/04/2018 408-313-0045 Wwp Program James Stee $872.39 9804746596-33 04/04/2018 408-313-3558 Street Tree Maintenance #3 $38.01 9804746596-34 04/04/2018 408-313-4364 Street Tree Maintenance #4 $38.01 9804746596-35 04/04/2018 408-313-5321 Paul Sapudar $38.01 9804746596-36 04/04/2018 408-313-6943 Travis Warner $38.01 9804746596-37 04/04/2018 /LVD0DOHWLV0DVVH\$38.01 9804746596-38 04/04/2018 408-314-4452 HazMat/S. Tognetti $53.75 9804746596-39 04/04/2018 408-314-6637 Sean Hatch $38.01 9804746596-40 04/04/2018 408-314-9200 Rebecca Shaffer $38.01 9804746596-41 04/04/2018 408-315-3044 Jonathan Ferrante $53.75 9804746596-42 04/04/2018 408-315-6764 I&T MiFi $38.01 9804746596-43 04/04/2018 408-315-8165 Brian Gathers $38.01 9804746596-44 04/04/2018 408-316-1233 Cheri Donnelly $53.75 9804746596-45 04/04/2018 408-316-1283 Bill Mitchell $38.01 9804746596-46 04/04/2018 408-316-2067 Paul O Sullivan $53.75 9804746596-47 04/04/2018 408-316-7320 Gulu Sakhrani $38.01 9804746596-48 04/04/2018 408-318-1635 Brian Babcock $38.01 9804746596-49 04/04/2018 408-318-2012 Kane Wolfe $38.01 9804746596-50 04/04/2018 408-318-7365 Bob Sabich $38.01 9804746596-51 04/04/2018 408-318-8726 Jason Fauth $38.01 9804746596-52 04/04/2018 408-334-4885 Jason Pato (Ipad)$38.01 9804746596-53 04/04/2018 408-334-9082 Sean Hatch/ City of Cupertino $53.75 9804746596-54 04/04/2018 408-340-3184 Peter Coglianese $38.01 9804746596-55 04/04/2018 408-340-3387 Robert Kim $38.01 9804746596-56 04/04/2018 408-340-8060 Nidhi Mathur $38.01 9804746596-57 04/04/2018 408-340-8119 Phillip Wilkomm $38.01 9804746596-58 04/04/2018 408-340-8128 Cheri Donnelly $38.01 9804746596-59 04/04/2018 $DUWL6KULYDVWDYD$38.01 9804746596-60 04/04/2018 408-340-8648 Chad Mosley $38.01 9804746596-61 04/04/2018 408-340-8688 Kim Frey $38.01 9804746596-62 04/04/2018 408-438-7489 Karen Levy $38.01 9804746596-63 04/04/2018 408-439-8937 Alex Corbalis $53.75 9804746596-64 04/04/2018 408-440-7136 Andy Badal $38.01 9804746596-65 04/04/2018 408-460-1821 Ty Bloomquist $73.74 9804746596-66 04/04/2018 408-466-4450 Colleen Lettire $38.01 Friday, May 11, 2018Pages: 17 of 24user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 5/5/2018 - To Payment Date: 5/11/2018 179 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 9804746596-67 04/04/2018 408-466-4765 GIS #1 $38.01 9804746596-68 04/04/2018 408-466-4906 Kerri Heusler Housing Planner $38.01 9804746596-69 04/04/2018 408-472-1568 David Stillman $116.98 9804746596-70 04/04/2018 408-472-6522 Jeff Greef $38.01 9804746596-71 04/04/2018 408-472-6541 John Raaymakers $38.01 9804746596-72 04/04/2018 408-472-7011 Ty Bloomquist $38.01 9804746596-73 04/04/2018 408-472-7295 Antonio Torrez $38.01 9804746596-74 04/04/2018 408-472-7857 Paul O'Sullivan $38.01 9804746596-75 04/04/2018 408-472-7927 Gary Stream $38.01 9804746596-76 04/04/2018 408-472-8289 Jonathan Ferrante WWP $33.31 9804746596-77 04/04/2018 408-472-9907 Manuel Barragan $53.75 9804746596-78 04/04/2018 408-479-0894 Mariah Dabel $38.01 9804746596-79 04/04/2018 408-482-5991 Benjamin Fu $38.01 9804746596-80 04/04/2018 408-482-6096 Marc Labrie $38.01 9804746596-81 04/04/2018 408-482-9730 Steven Scharf $38.01 9804746596-82 04/04/2018 408-483-0309 Maria Jimenez $53.75 9804746596-83 04/04/2018 408-483-3215 Teri Gerhardt $38.01 9804746596-84 04/04/2018 408-483-5947 Araceli Alejandre MiFi $56.01 9804746596-85 04/04/2018 408-483-7859 Shawn Tognetti $38.01 9804746596-86 04/04/2018 408-483-7997 Curtis Bloomquist MiFi $38.01 9804746596-87 04/04/2018 408-483-9976 Rocio Fierro MiFi $56.01 9804746596-88 04/04/2018 408-489-8336 Beth Ebben 1 $38.01 9804746596-89 04/04/2018 408-489-9309 Jonathan Ferrante $38.01 9804746596-90 04/04/2018 408-489-9310 Kevin Rieden $38.01 9804746596-91 04/04/2018 408-497-1946 Kim Calame $38.01 9804746596-92 04/04/2018 408-497-3338 Marc Labrie $38.01 9804746596-93 04/04/2018 408-497-3691 Ricardo Alvarez $38.01 9804746596-94 04/04/2018 408-497-4686 Cliff Mabutas $38.01 9804746596-95 04/04/2018 408-497-4809 Kevin Greene $38.01 9804746596-96 04/04/2018 408-497-4862 Jeff Trybus/IT Wireless $38.01 9804746596-98 04/04/2018 408-497-6765 IT Loaner iPad 12.9 64GB $38.20 9804746596-99 04/04/2018 408-497-6873 IT Loaner iPad 10.5 64GB $38.01 9804746596-100 04/04/2018 408-497-7220 Colleen Ferris iPad $38.01 9804746596-101 04/04/2018 408-497-9307 David Stillman $38.01 9804746596-102 04/04/2018 408-502-0133 Molly James $38.01 9804746596-103 04/04/2018 408-510-0198 Gilee Corral $38.01 9804746596-104 04/04/2018 408-510-1975 Mark Estrella Facilities Fleet $43.40 9804746596-105 04/04/2018 408-510-2759 Suspended $14.03 9804746596-106 04/04/2018 408-510-9158 Winnie Pagan $38.01 9804746596-107 04/04/2018 408-510-9632 Julie Chiu $38.01 9804746596-108 04/04/2018 408-515-7650 Karen Bernard-Guerin $54.46 9804746596-109 04/04/2018 408-568-0737 Chris Corrao $53.75 9804746596-110 04/04/2018 408-568-3911 Jonathan Ferrante Medians Group #2 $38.01 9804746596-111 04/04/2018 408-568-6465 Planning Dept. 1 $38.01 9804746596-112 04/04/2018 408-568-9211 IT Test Phone $53.75 9804746596-113 04/04/2018 408-605-2546 Michael Zimmerman $53.75 9804746596-114 04/04/2018 408-605-3078 Quinton MiFi $38.01 9804746596-115 04/04/2018 408-605-3905 Andrew Schmitt MiFi 2 $38.01 9804746596-116 04/04/2018 408-605-6385 Street Dept $40.01 9804746596-117 04/04/2018 408-609-0843 Teri Gerhardt/Chris Orr $38.01 Friday, May 11, 2018Pages: 18 of 24user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 5/5/2018 - To Payment Date: 5/11/2018 180 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 9804746596-118 04/04/2018 408-609-0865 Randy Hom MiFi $38.01 9804746596-119 04/04/2018 408-610-0601 Paul Tognetti $53.75 9804746596-120 04/04/2018 408-628-8745 Ken Tanase $38.01 9804746596-121 04/04/2018 408-630-0900 Shivani Tripathi $38.01 9804746596-122 04/04/2018 408-642-4263 Alex Wykoff/IT Wireless $38.01 9804746596-123 04/04/2018 408-642-4504 Jeff Milkes $38.01 9804746596-124 04/04/2018 408-655-8680 Jeff Trybus $53.75 9804746596-125 04/04/2018 408-655-8685 Alex Wykoff $53.75 9804746596-126 04/04/2018 408-688-1613 Chelsea Biklen $38.01 9804746596-127 04/04/2018 408-688-6252 Benjamin Fu $53.75 9804746596-128 04/04/2018 408-691-2466 Kane Wolfe $53.75 9804746596-129 04/04/2018 408-691-4458 IT Loaner 2 $31.88 9804746596-130 04/04/2018 408-693-7088 Adrianna Stankovich $53.75 9804746596-131 04/04/2018 408-693-9515 Carl Valdez $53.75 9804746596-132 04/04/2018 408-693-9822 Carl Valdez $38.01 9804746596-133 04/04/2018 408-761-0924 Jennifer Chu $38.01 9804746596-134 04/04/2018 408-761-1063 Paul Tognetti $38.01 9804746596-136 04/04/2018 408-761-3636 Zach Korach $53.75 9804746596-137 04/04/2018 408-781-0290 Brad Alexander Street Division #1 $38.01 9804746596-138 04/04/2018 408-781-0663 Brad Alexander Street Division #2 $38.01 9804746596-139 04/04/2018 408-781-0799 Brad Alexander Street Division #3 $38.01 9804746596-140 04/04/2018 408-781-1340 Brad Alexander Street Division #4 $38.01 9804746596-141 04/04/2018 408-781-3499 Jennifer Chu $38.01 9804746596-142 04/04/2018 408-781-4139 Julia Kinst $22.07 9804746596-143 04/04/2018 408-781-4360 Paul Tognetti $38.01 9804746596-144 04/04/2018 408-781-6411 Compost Site $33.31 9804746596-145 04/04/2018 408-781-9922 Chylene Osborne $38.01 9804746596-146 04/04/2018 408-828-5489 Grace Schmidt Ipad $38.01 9804746596-147 04/04/2018 408-857-2355 Travel Agent $58.63 9804746596-148 04/04/2018 408-857-3211 Gary Stream $53.75 9804746596-149 04/04/2018 408-857-4414 Kim Frey $54.77 9804746596-150 04/04/2018 408-891-1004 Benny Hsieh $19.63 9804746596-151 04/04/2018 408-891-7964 Kirsten Squarcia $38.01 9804746596-152 04/04/2018 408-891-9008 Park Ranger Corridor $53.75 9804746596-154 04/04/2018 408-891-9971 Karen Goss $38.01 9804746596-155 04/04/2018 408-892-5553 Albert Salvador $38.01 9804746596-156 04/04/2018 408-963-3766 Randy Hom $38.01 9804746596-157 04/04/2018 408-963-3875 Robert Kim $38.01 9804746596-158 04/04/2018 408-963-8123 Steven Scharf $38.01 9804746596-159 04/04/2018 408-963-9329 Rocio Fierro $38.01 9804746596-160 04/04/2018 408-966-0384 Cliff Mabutas MiFi $38.01 9804746596-161 04/04/2018 408-966-0471 Brian Gathers MiFi $38.01 9804746596-162 04/04/2018 650-203-4048 Aarti Shrivastava $53.75 9804746596-164 04/04/2018 650-269-5567 Araceli Alejandre $38.01 714689 05/11/2018 Open Accounts Payable VERIZON WIRELESS $22.00 Invoice Date Description Amount 9804782952 04/04/2018 Verizon Phone Services for EOC 03/05/18-04/04/18 $22.00 Friday, May 11, 2018Pages: 19 of 24user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 5/5/2018 - To Payment Date: 5/11/2018 181 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 714690 05/11/2018 Open Accounts Payable Vision Service Plan (CA)$306.56 Invoice Date Description Amount vsp052018 04/19/2018 May 2018 Vision Benefit (Safety Glasses)$306.56 714691 05/11/2018 Open Accounts Payable Vision Service Plan (CA)$3,513.10 Invoice Date Description Amount vsp52018 04/19/2018 May 2018 Vision Benefit $3,513.10 714692 05/11/2018 Open Accounts Payable WESTMORELAND, EVAN $577.50 Invoice Date Description Amount 42 05/08/2018 Evan Westmoreland (Control Room Cleanup Project)$577.50 714693 05/11/2018 Open Accounts Payable WILLIAM RASSIEUR $480.00 Invoice Date Description Amount WR.S1 05/09/2018 First spring payment $480.00 714694 05/11/2018 Open Accounts Payable WOWzy Creation Corp $98.73 Invoice Date Description Amount 90422 04/26/2018 Name Plate for Elizabeth Sigler $29.17 90485 05/07/2018 Sign for finance & HR window $44.93 90498 05/07/2018 Name Plate for Ross Slaney $24.63 714695 05/11/2018 Open Accounts Payable YOU, JENNIFER $325.00 Invoice Date Description Amount JY.S1 05/09/2018 First spring payment $325.00 714696 05/11/2018 Open Accounts Payable Blaine Tech Services, Inc.$500.00 Invoice Date Description Amount 2018-00001381 05/03/2018 19550 Stevens Creek Blvd - Encroachment Bond - BS9869 $500.00 714697 05/11/2018 Open Accounts Payable Carol Lor $150.00 Invoice Date Description Amount 2018-00001398 04/18/2018 Family requested to withdraw from College Essay Workshop $150.00 714698 05/11/2018 Open Accounts Payable Douglas Landscape $1,000.00 Invoice Date Description Amount 2018-00001401 05/08/2018 22001 Lindy Ln - Encroachment Bond - BS9616 $1,000.00 714699 05/11/2018 Open Accounts Payable FUHS Foundation $830.00 Invoice Date Description Amount 19341 04/17/2018 Group requested to cancel reservation of the Cupertino Room for $830.00 714700 05/11/2018 Open Accounts Payable George Garcia $90.00 Invoice Date Description Amount 19538 04/10/2018 Family requested refund due to rain. Could not have their party $90.00 714701 05/11/2018 Open Accounts Payable Hong, Andrea $1,000.00 Invoice Date Description Amount 2018-00001388 05/03/2018 10928 Sycamore Dr - Encroachment Bond - BS9600 $1,000.00 Friday, May 11, 2018Pages: 20 of 24user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 5/5/2018 - To Payment Date: 5/11/2018 182 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 714702 05/11/2018 Open Accounts Payable Hsin-Hui Pan $750.00 Invoice Date Description Amount 2018-00001397 04/18/2018 Family requested to withdraw from Summer Geometry Class $750.00 714703 05/11/2018 Open Accounts Payable Kalpana Aroda $500.00 Invoice Date Description Amount 19609 04/10/2018 Refunding deposit back for reservation of the Cupertino Room, 3. $500.00 714704 05/11/2018 Open Accounts Payable Richardson, Joshua $1,656.52 Invoice Date Description Amount 2018-00001395 05/03/2018 10650 Santa Lucia Rd - Remaining Dev Maint Dpst - BS9170 $1,656.52 714705 05/11/2018 Open Accounts Payable Rimi Aich $175.00 Invoice Date Description Amount 2018-00001396 04/17/2018 Family was overcharged for Private Tennis Lesson. $175.00 714706 05/11/2018 Open Accounts Payable Shi-Rung Chen $300.00 Invoice Date Description Amount 18949 04/10/2018 Requested to cancel reservation of the Cupertino Room scheduled $300.00 714707 05/11/2018 Open Accounts Payable Wong, Mary $3,500.00 Invoice Date Description Amount 2018-00001393 05/03/2018 18964 Tilson Ave - Encroachment Bond - #205844 $3,500.00 714708 05/11/2018 Open Accounts Payable IMAGINEERZ LEARNING LLC $2,496.00 Invoice Date Description Amount 2018-00001383 05/01/2018 Spring Payment 1 $2,496.00 714709 05/11/2018 Open Accounts Payable 4LEAF INC $668,205.98 Invoice Date Description Amount J1848A27 02/27/2018 AC2 #501 Phase 1 Building Inspection & PW Inspection 2018/01 $265,606.37 J1865A12 02/27/2018 AC2 #501 Phase 2 Building Inspection 2018/01 $1,123.60 J1848A28 03/13/2018 AC2 #501 Phase 1 Building Inspection & PW Inspection 2018/02 $225,240.46 J1865A13 03/13/2018 AC2 #501 Phase 2 Building Inspection 2018/02 $561.80 J1848A29 04/13/2018 AC2 #501 Phase 1 Building Inspection & PW Inspection 2018/03 $175,111.95 J1865A14 04/13/2018 AC2 #501 Phase 2 Building Inspection 2018/03 $561.80 714710 05/11/2018 Open Accounts Payable CSG CONSULTANTS INC $5,410.00 Invoice Date Description Amount 17866 04/24/2018 AC2 #501 Plan Review 2018/03 $5,410.00 714711 05/11/2018 Open Accounts Payable FIRE & RISK ALLIANCE, LLC $3,292.50 Invoice Date Description Amount 142-001-16 04/03/2018 AC2 #501 Life Safety Review 2018/03 $2,715.00 142-001-17 04/30/2018 AC2 #501 Life Safety Review 2018/04 $577.50 Type Check Totals:125 Transactions $2,223,589.59 Friday, May 11, 2018Pages: 21 of 24user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 5/5/2018 - To Payment Date: 5/11/2018 183 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference EFT 27568 05/07/2018 Open Accounts Payable EMPLOYMENT DEVEL DEPT $34,282.80 Invoice Date Description Amount 04272018 04/27/2018 CA - CA State Tax $34,282.80 27569 05/07/2018 Open Accounts Payable IRS $116,071.71 Invoice Date Description Amount 04272018 04/27/2018 FED - Federal Tax*$116,071.71 27570 05/07/2018 Open Accounts Payable EMPLOYMENT DEVEL DEPT $1.05 Invoice Date Description Amount 05012018 05/01/2018 CA - CA State Tax $1.05 27571 05/07/2018 Open Accounts Payable IRS $121.56 Invoice Date Description Amount 05012018 05/01/2018 MED - Medicare Tax*$121.56 27572 05/10/2018 Open Accounts Payable P E R S $329,667.05 Invoice Date Description Amount 04272018 04/27/2018 0541 - *PERS Employee Tier 2*$329,667.05 27573 05/11/2018 Open Accounts Payable ANGELA TSUI $483.76 Invoice Date Description Amount Panera_6573971 04/16/2018 Refreshments for CBPWG monthly meeting $276.23 Panera_6799724 05/05/2018 Staff dinner for EDSP Open House $141.87 Safeway_05-07-18 05/07/2018 Refreshments for EDSP Open House $65.66 27574 05/11/2018 Open Accounts Payable BIKLEN, CHELSEA $55.00 Invoice Date Description Amount ChelseaB050118 05/01/2018 Cell phone reimbursement 4/2/18 - 5/1/18 $55.00 27575 05/11/2018 Open Accounts Payable CAROL KORADE $455.98 Invoice Date Description Amount KORADE052018 05/09/2018 May 2018 Health Reimbursement $455.98 27576 05/11/2018 Open Accounts Payable COLLEEN FERRIS $48.10 Invoice Date Description Amount ColleenF04112018 04/11/2018 cell phone service $48.10 27577 05/11/2018 Open Accounts Payable GRACE DUVAL $776.00 Invoice Date Description Amount 05072018 05/07/2018 Zumba Gold (3/9-5/4) 10 Students $296.00 GD.S1 05/09/2018 First spring payment $480.00 27578 05/11/2018 Open Accounts Payable GRACE SCHMIDT $55.00 Invoice Date Description Amount 2018-00001402 05/09/2018 Cell Phone Reimbursement 4/5/18 - 5/4/18 $55.00 27579 05/11/2018 Open Accounts Payable Guzman , Jacqueline $612.83 Invoice Date Description Amount JaquiG04272018 04/27/2018 Reimbursement for travel to 2018 ICMA WestCoast Conference $404.39 JaquiG05082018 05/08/2018 Reimbursement for ICMA West Coast 2018 expenses $208.44 27580 05/11/2018 Open Accounts Payable HALL, DEBORAH KAY $200.00 Invoice Date Description Amount 05072018 05/07/2018 Beading Class (4/12-5/3) 11 Students $200.00 Friday, May 11, 2018Pages: 22 of 24user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 5/5/2018 - To Payment Date: 5/11/2018 184 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference 27581 05/11/2018 Open Accounts Payable KONGBOON, SA-AD $737.45 Invoice Date Description Amount SK.S1 05/09/2018 First spring payment $737.45 27582 05/11/2018 Open Accounts Payable LIFETIME TENNIS INC $174,739.93 Invoice Date Description Amount 2018-00001400 05/08/2018 payment 7 $174,739.93 27583 05/11/2018 Open Accounts Payable NESSIA STARR $486.85 Invoice Date Description Amount NS.S1 05/09/2018 First spring payment $486.85 27584 05/11/2018 Open Accounts Payable O'GRADY PAVING INC $168,817.28 Invoice Date Description Amount 2335 03/31/2018 Final payment - 2017 Pavement Maintenance, Proj. #2017-104 $168,817.28 27585 05/11/2018 Open Accounts Payable SARA FRAZIER $562.64 Invoice Date Description Amount SF.S1 05/09/2018 First spring payment $562.64 27586 05/11/2018 Open Accounts Payable SHUTE, MIHALY & WEINBERGER LLP $14,313.97 Invoice Date Description Amount 255780 04/22/2018 Legal Services $1,644.30 255782 04/22/2018 VSP #805 Legal Services 2018/03 $12,669.67 27587 05/11/2018 Open Accounts Payable SMART & FINAL $1,461.93 Invoice Date Description Amount 50107 04/16/2018 #33140 4.16.18 - TC Food $346.07 55455 05/08/2018 #33140 3.8.18 - TC Food $119.50 58587 04/12/2018 #33140 Hackathon Food 2018 #1 $846.36 26494 04/13/2018 #33140 Hackathon Food 2018 #2 $150.00 27588 05/11/2018 Open Accounts Payable Stankovich, Adrianna $332.40 Invoice Date Description Amount 2018-00001391 05/04/2018 Emergency Fund Reimb for Clients $332.40 27589 05/11/2018 Open Accounts Payable TIMM BORDEN $55.00 Invoice Date Description Amount TimmB042418 04/24/2018 Cell phone reimbursement 3/25/18 - 4/24/18 $55.00 27592 05/10/2018 Open Accounts Payable California Public Employees' Retirement System $311,503.17 Invoice Date Description Amount 04162018 04/16/2018 Health Premiums 05/2018 $311,503.17 Type EFT Totals:23 Transactions $1,155,841.46 Main Account - Main Checking Account Totals Checks Status Count Transaction Amount Reconciled Amount Open 125 $2,223,589.59 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 125 $2,223,589.59 $0.00 Friday, May 11, 2018Pages: 23 of 24user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 5/5/2018 - To Payment Date: 5/11/2018 185 Number Date Status Void Reason Reconciled/ Voided Date Source Payee Name Transaction Amount Reconciled Amount Difference EFTs Status Count Transaction Amount Reconciled Amount Open 23 $1,155,841.46 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Total 23 $1,155,841.46 $0.00 All Status Count Transaction Amount Reconciled Amount Open 148 $3,379,431.05 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 148 $3,379,431.05 $0.00 Grand Totals: Checks Status Count Transaction Amount Reconciled Amount Open 125 $2,223,589.59 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 125 $2,223,589.59 $0.00 EFTs Status Count Transaction Amount Reconciled Amount Open 23 $1,155,841.46 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Total 23 $1,155,841.46 $0.00 All Status Count Transaction Amount Reconciled Amount Open 148 $3,379,431.05 $0.00 Reconciled 0 $0.00 $0.00 Voided 0 $0.00 $0.00 Stopped 0 $0.00 $0.00 Total 148 $3,379,431.05 $0.00 Friday, May 11, 2018Pages: 24 of 24user: Giang Dinh Payment Register **LIVE** Cupertino **LIVE** From Payment Date: 5/5/2018 - To Payment Date: 5/11/2018 186 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4117 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:6/22/2018 City Council On agenda:Final action:7/3/2018 Title:Subject: Agreement Extension and Amendment with Lifetime Tennis Inc., DBA Lifetime Activities Inc. (Continued from June 19, 2018) Sponsors: Indexes: Code sections: Attachments:Staff Report A - Current Agreement B - Unsigned First Amendment C - Draft Amendment D - Notice to Extend and Amend, Nov 2017 Action ByDate Action ResultVer. City Council7/3/2018 1 Subject: Agreement Extension and Amendment with Lifetime Tennis Inc., DBA Lifetime Activities Inc. (Continued from June 19, 2018) Authorize the City Manager to extend and amend the City's agreement with Lifetime Tennis Inc., DBA Lifetime Activities Inc. for six years (July 1, 2018 - June 30, 2024). CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™187 RECREATION AND COMMUNITY SERVICES DEPARTMENT QUINLAN COMMUNITY CENTER 10185 NORTH STELLING RD • CUPERTINO, CA 95014-5732 TELEPHONE: (408) 777-3120 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: July 3, 2018 Subject Agreement Extension and Amendment with Lifetime Tennis Inc., DBA Lifetime Activities Inc. (Continued from June 19, 2018) Recommend Action Authorize the City Manager to extend and amend the City’s agreement with Lifetime Tennis Inc., DBA Lifetime Activities Inc. for six years (July 1, 2018 – June 30, 2024). Background Lifetime Tennis has been serving the Cupertino community for over 23 years. Their service began in 1994 with a one year agreement for tennis lessons with a gross revenue of $129,000. As the relationship continued through a series of 3 year agreements, the services provided by Lifetime Tennis also evolved. By 1998, Lifetime had taken on maintenance of all 18 courts, began renting 120 sq. foot space in the sports center to provide a retail service, staffed a full-time tennis office in the facility; gross revenues had grown to $600,000. The City renewed their service agreement with Lifetime two more times from 2001-2012 and the program continued to grow. The retail service moved to a 350 sq. foot space in the facility, Lifetime invested $50,000 into the pro shop renovation, and revenues had reached 1.4 million. In 2012, the City placed a Request for Qualifications (RFQ) for Tennis Program Operation and Management. Lifetime Tennis was the only business that met the qualifications. The current six year agreement (Attachment A) was awarded with an option to extend for an additional six years. During the current agreement term, in addition to their regular duties, Lifetime has provided $50,000 in equipment and donations to our programs, including storage sheds, ping pong tables, windscreens, prizes for Open House, gifts for the Giving Tree, and gross revenues have averaged almost 1.6 million/year. 188 Since 2016, both parties have been operating under the terms of an unsigned first amendment (Attachment B) to the 2012 Agreement. Staff cannot confirm whether the amendment was approved by council. As per the unsigned amendment, Lifetime has extended their offerings to include volleyball, basketball, cricket, and chess as a result of patron surveys. The 2012 Agreement terminates on June 30, 2018 and gives the City the option to extend the Agreement for an additional six -year period, through June 30, 2024 (Attachment C). In November 2017, the City notified Lifetime Activities that they would like to extend, and agreed to amend, the current Agreement (Attachment D). Discussion The Lifetime Tennis program is currently one of the most popular sports programs offered by the Recreation and Community Services Department. During the 2016/17 fiscal year alone, over 6,000 participants enrolled in Lifetime’s programs, which contributed approximately $350,000 to the City. In 2016, due to growing demand from the community, Lifetime Activities in partnership with the Recreation Staff, increased their activity offerings beyond traditional racquet sports, to include volleyball, basketball, cricket, and chess. Our partnership with Lifetime Activities is like no other. It is the model for this type of relationship. In addition to enabling the Sports Center to operate as an enterprise operation, the impact of their services stretches beyond the Sports Center and into the community. They have employed over 600 local part-time and full-time staff, helped establish the Bay Area’s first community college athletic endowment (DeAnza Tennis), and provide tennis coaches for both Kennedy and Cupertino Middle schools. Fiscal Impact Currently the City retains 20% of gross revenue up to $1,000,000 from lesson fees and 5% of gross revenue $1,000,000 and above for racquet sports. For non-racquet sports, Lifetime receives 65% of gross revenues, while the City receives 35%. In addition, the City retains a $7 administration fee for each transaction received from the public. Over the duration of the current agreement, the existing agreement has yielded 9.5 million in revenue with the City receiving 1.9 million and Lifetime receiving 7.6 million. The revenue breakdown for the City for the years dating 2006 to 2018 is shown below, separated by the 6 year terms of the previous agreements: 189 Contract Year Total Revenue City Net Revenue 2006-07 $ 1,339,726.29 $ 266,981.04 2007-08 $ 1,214,029.68 $ 239,933.10 2008-09 $ 1,215,086.83 $ 247,783.34 2009-10 $ 1,100,397.39 $ 238,948.26 2010-11 $ 1,259,362.50 $ 254,820.11 2011-12 $ 1,444,393.10 $ 269,719.64 2006-12 Totals $ 7,572,995.79 $ 1,518,185.49 Average/Year $ 1,262,165.97 $ 253,030.92 Contract Year Total Revenue City Net Revenue 2012-13 $ 1,647,273.93 $ 301,336.76 2013-14 $ 1,601,752.42 $ 300,289.06 2014-15 $ 1,512,380.63 $ 277,968.99 2015-16 $ 1,621,512.85 $ 326,626.30 2016-17 $ 1,556,746.44 $ 349,995.76 2017-18* (proj) $ 1,650,000.00 $ 360,000.00 2012-18 Totals $ 9,589,666.27 $ 1,916,216.87 Average/Year $ 1,598,277.71 $ 319,369.48 2006-18 Grand Totals $ 17,162,662.06 $ 3,434,402.36 Lifetime pays the City 20% of their gross revenues, significantly more than what they pay the four other cities they contract with in the Bay Area: Sunnyvale, Pleasanton, Walnut Creek, and Santa Clara. The amendment and extension would include the changes contemplated in the unsigned 2016 amendment, and would convert the payment method to a flat $335,000 annual fee from Lifetime to the City, with a $5,000 per year fee escalator, or 16% of the total annual revenue generated by the contractor, whichever is greater. The projected revenue for the City for the next six years is shown below: Contract Year Projected City Net Revenue 2018-19 $ 335,000.00 2019-20 $ 340,000.00 2020-21 $ 345,000.00 2021-22 $ 350,000.00 2022-23 $ 355,000.00 2023-24 $ 360,000.00 2018-24 Totals $ 2,085,000.00 Average/Year $ 347,500.00 190 This new agreement, would yield a projected maximum of 10.8 million in revenue with the City receiving a guaranteed 2.085 million. The average revenue received by the City over the past six years is $319,000; the next agreement period would yield a yearly average of $347,500. This amended agreement will allow the City to weather any unforeseen economic downturns. The termination clause in the amended agreement allows for either party to terminate the agreement at an earlier time by giving one year written notice to the other party. ______________________________________________________________________________ Prepared by: Jenny Koverman, Recreation Supervisor Reviewed by: Christine Hanel, Acting Director, Recreation and Community Services Approved for Submission by: David Brandt, City Manager Attachments: A – Current Agreement B – Unsigned First Amendment C – Draft Amendment D – Notice to Extend and Amend, Nov 2017 191 ACCOUNT NO. 570-6450-7014 CONTRACT AMOUNT $1,000,000 annually PURCHASE ORDER NO. PROFESSIONAL SERVICES AGREEMENT Tennis Pro) THIS AGREEMENT, made and entered into this 20 Tt+day of MARC-I-1 2012, by and between the CITY OF CUPERTINO, a municipal corporation of California, hereinafter referred to as "CITY", and LIFETIME TENNIS, INC., with offices at 1901 South Bascom Avenue #1225, Campbell, CA, hereinafter referred to as "TENNIS PRO". DANA K. GILL is President of LIFETIME TENNIS, INC. WITNESSETH: WHEREAS, CITY wishes to retain services in conjunction with providing tennis lessons to city-sponsored groups at the Cupertino Sports Center; and WHEREAS, CITY wishes to engage TENNIS PRO to provide these services by reason of its qualifications and experience for performing such services, and TENNIS PRO has offered to provide the required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1.DEFINITIONS. a) The word "City" shall mean and include all the territory lying within the municipal boundaries of the City of Cupertino, California, as presently existing, plus all territory which may be added thereto during the term of this agreement by annexation or otherwise. b) The term "City Manager" shall mean the duly appointed City Manager of the City of Cupertino, California, or designated representative. c) The term "City Attorney" shall mean the duly appointed City Attorney of the City of Cupertino, California, or designated representative. d) The term "City Clerk" shall mean the duly appointed City Clerk of the City of Cupertino, California, or designated representative. e) The term "Personal Services" shall mean the providing of tennis instruction by Tennis Pro or his employees at the City's Sports Center and Memorial Park Tennis Courts #5 and #6. City of Cupertino Professional Services Agreement(Tennis Pro) Page 1 of 9 192 2. COORDINATION OF SERVICES. a) City. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Director of Parks and Recreation is hereby designated as the SERVICE COORDINATOR for the City Manager, and shall supervise the progress and execution of this Agreement. b) Tennis Pro. The President of Lifetime Tennis, Inc., DANA K. GILL, shall have overall responsibility for all services provided under this Agreement. 3.DUTIES OF THE TENNIS PRO. a) Services to be Furnished. TENNIS PRO shall provide all specified services as set forth below: 1) Tennis lessons for all City-sponsored groups as determined by the CITY. Class size and court usage shall be established and approved by the CITY. 2) All lessons shall be provided at a quality consistent with the standards found in other tennis facilities in the area which are open to the public. 3) During the winter and summer sessions, TENNIS PRO will distribute to each tennis pupil an evaluation form prepared by the CITY and designed for pupil to evaluate the level of instruction given, and will, at the conclusion of each session, return all completed evaluation forms to the CITY. 4) Will provide all necessary and appropriate equipment for the purpose of teaching "high quality tennis lessons," including, but not limited to, tennis balls and ball machines. This equipment shall be stored at the Cupertino Sports Center in space provided by the TENNIS PRO. 5) Will respond in writing to all public complaints no later than two (2) days after the complaint was registered. Both complaints and responses will be documented and forwarded to the CITY no later than the first of each month 6) Will teach lessons based on the following minimum and maximum number of students: Minimum Maximum Small Group Lessons 2 4 Large Group Lessons 4 8 Pee Wee Lessons 4 8 The minimum and maximum number of students may be modified by mutual agreement of the parties. City of Cupertino Professional Services Agreement(Tennis Pro) Page 2 of 9 193 b) Optional Services. TENNIS PRO may provide the following services: 1) Private tennis lessons utilizing one court of the Cupertino Sports Center and any other court approved by the CITY, provided, however that the CITY shall have the sole right to establish the use of all tennis courts at the Sports Center and the TENNIS PRO's right to give private lessons on any court is subject to the CITY's right to priority usage for the CITY-sponsored activities. 2) Utilize Courts #5 and #6 at Memorial Park for the sole purpose of teaching tennis classes (Exception: TENNIS PRO is prohibited from using said courts on Tuesdays from 8:00 a.m. to Noon). c) Laws to be Observed. TENNIS PRO and its employees shall obey all rules, regulations, and laws of the CITY or any other governmental agency and shall procure, at its sole cost, all permits and licenses required for the conduct of business at the Sports Center. d) Collection of Fees and Charges. All fees and charges for tennis instruction services provided by TENNIS PRO shall be collected from the public by the CITY. 4. COMPENSATION. For the full performance of the services described herein by TENNIS PRO, CITY shall pay TENNIS PRO based on the following schedule: Financial Terms: City retains 20% of gross revenue up to $1,000,000 from tennis lesson fees received from the public. City retains 5% of gross revenue $1,000,000 and above from tennis lesson fees received from the public. City retains $7 administration fee for each tennis lesson transaction received from the public in addition to the percentage of gross revenue. a) Payments for lessons given to City-sponsored groups shall be paid within thirty (30) days of the beginning of each class session. b) Payments for private lessons shall be paid within thirty (30) days of commencing instruction. c) The CITY shall provide TENNIS PRO a written monthly accounting of all monies received pursuant to this Agreement. Unless written objections to any particular accounting is received by CITY from TENNIS PRO within thirty (30) days of receipt, such accounting shall be deemed to be final. d) The fees and charges for all lessons both for city-sponsored and private pupils will be established solely by the CITY pursuant to its normal procedure for establishing such fees and charges. e) Exclusive Privilege. During the term of this Agreement, TENNIS PRO is granted the exclusive privilege of providing tennis instruction at the Cupertino Sports Center other than that which is provided by CITY employees in connection with City- City of Cupertino Professional Services Agreement(Tennis Pro) Page 3 of 9 194 sponsored programs. 5.RETAIL SERVICE a) Length of Agreement. Retail Service to commence July 1, 2012, and continue through June 30, 2018. In addition, the CITY will have the option to extend this contract for an additional six-year (6) period through June 30, 2024. b) Rent Payment. TENNIS PRO will pay the City of Cupertino rent per month based on the following schedule: TENNIS PRO will be charged $12,000 per year for the privilege of utilizing a retail proshop service on site at Sports Center. CITY will deduct $1,000 per month from the gross revenues due TENNIS PRO each month as payment of the $12,000. c) Scope of Service. The "Retail Service" that TENNIS PRO will be offering at the Cupertino Sports Center will consist of 1:he following: 1) Racquet restringing for tennis and racquetball racquets 2) Grip build-up service 3) Various accessories for tennis racquets ( grips, vibration dampers, etc.) 4) Tennis racquet demo program and tennis racquet sales 5) Pre-packaged food and beverages Any changes to the "Scope of Service" must be authorized by the City of Cupertino Recreation Supervisor. d) Court Maintenance Service. TENNIS PRO is to provide, at its own expense, weekly maintenance services for all 18 tennis courts at the Cupertino Sports Center. This service is to include biweekly court washing and alternating biweekly court blowing/sweeping. In addition, TENNIS PF:O will provide all necessary materials to provide these maintenance services. Materials include, but are not limited to, court washing wands, industrial grade hoses, hose carrier cart, portable air blower, and toolkit. e) Hours of Operation. Monday - Saturday 8:00 a.m. — 9:30 p.m. Sunday 8:00 a.m. — 8:00 p.m. Any changes to the hours of operation must be authorized by the City of Cupertino Recreation Supervisor. f) Monthly Financial Statements. No later than fifteen (15) days after the end of each month TENNIS PRO (Dana Giill) shall submit to the City of Cupertino a written statement for the preceding month showing the gross revenue and expenses for the "Retail Service". g) Location. The "Retail Service" will be located in the existing "primary" City of Cupertino Professional Services Agreement(Tennis Pro) Page 4 of 9 195 office area in the lobby of the Cupertino Sports Center. This single office is currently being used by TENNIS PRO to conduct tennis lesson administration. 6. TERM: EARLY TERMINATION: OPTION TO EXTEND.. The services to be performed hereunder shall commence on July 1, 2012, and shall continue until June 30, 2018, unless earlier terminated pursuant to this Agreement. Either party may terminate this Agreement at an earlier time than above specified by giving two (2) years written notice to the other party. In addition, the CITY will have the option to extend this Agreement for an additional six-year period through June 30, 2024, if CITY gives notice to TENNIS PRO of such extension no later than December 31, 2017. 7. TERMINATION FOR BREACH. Notwithstanding the provisions of section 6 above, should either party be in default in the performance of this Agreement or materially breach any of its provisions, the non-breaching party may, at its option, immediately terminate this Agreement by giving written notification to the other party. 8. TEMPORARY SUSPENSION. The City Manager shall have the authority to suspend this Agreement, wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the TENNIS PRO to perform any provision of this Agreement. 9. ASSIGNMENT; SUBCONTRACTORS; EMPLOYEES. a) Assignment. Both parties shall give their personal attention to the faithful performance of this Agreement and shall not assign, transfer, convey, or otherwise dispose of this Agreement or any right, title, or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment without such approval shall be void and, at the option of the other party, shall terminate this Agreement and any license or privilege granted herein. This Agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party. b) Subcontractors; Employees. TENNIS PRO shall be responsible for employing or engaging all persons necessary to perform the services of TENNIS PRO hereunder. No subcontractor of TENNIS PRO will be recognized by CITY as such; rather, all subcontractors are deemed to be employees of TENNIS PRO, and it agrees to be responsible for their performance. TENNIS PRO shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of TENNIS PRO fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately from the work under this Agreement on demand of the CITY. 10. NOTICES. All notices hereunder shall be given in writing and mailed, postage City of Cupertino Professional Services Agreement(Tennis Pro) Page 5 of 9 196 prepaid, by certified mail, addressed as follows: TO CITY:City of Cupertino Office of the City Clerk 10300 Torre Avenue Cupertino, CA 95014 TO TENNIS PRO: Lifetime Tennis, Inc. Attn: Dana K. Gill 1901 South Bascom Avenue #1225 Campbell, CA 95008 11. INTEREST OF TENNIS PRO. TENNIS PRO covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. TENNIS PRO further covenants that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. TENNIS PRO certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of CITY. It is expressly agreed that, in the performance of the services hereunder, TENNIS PRO shall at all times be deemed an independent contractor and not an agent or employee of CITY. 12. INDEMNITY. TENNIS PRO hereby agrees to indemnify and save harmless CITY, its officers, agents, and employees of and from: a) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death of any person or damage suffered or sustained by any person or corporation caused by, or alleged to have been caused by, any act or omission, negligent or otherwise, of TENNIS PRO or any subcontractor under this agreement or of TENNIS PRO's or any subcontractor's employees or agents; b) Any and all damage to or destruction of the property of CITY, its officers, agents, or employees occupied or used by or in the care, custody, or control of TENNIS PRO, or in proximity to the site of TENNIS PRO's work, caused by any act or omission, negligent or otherwise, of CONTRACTOR or any subcontractor under this Agreement or of TENNIS PRO's or any subcontractor's employees or agents. c) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of TENNIS PRO or any subcontractor under this agreement, however caused, excepting, however, any such claims and demands which are the result of the sole negligence or willful misconduct of CITY, its officers, agents, or employees; d) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused or alleged to have been caused by the use of any apparatus, appliance, or materials furnished by TENNIS PRO or any subcontractor City of Cupertino Professional Services Agreement(Tennis Pro) Page 6 of 9 197 under this agreement; and e) Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit. TENNIS PRO, at its own cost, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought or instituted by third persons against CITY, its officers, agents, or employees on any of the above claims or demands of such third persons, or to enforce any of the above penalties, and pay and satisfy any judgment or decree that may be rendered against CITY, its officers, agents, or employees in any such suit, action, or other legal proceedings. 13. WORKERS' COMPENSATION. TENNIS PRO certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this Agreement. 14. FINGERPRINTING/TB TEST. In the event that the TENNIS PRO has employees who will assist in the performance of this Agreement, TENNIS PRO shall, for those instructing person 18 years and younger, conduct fingerprint clearance and current T.B. test for every employee providing those services. Copies of these clearances and current T.B. tests shall be provided to the City upon request. 15. INSURANCE. City of Cupertino's Minimum Insurance Requirements On or before the commencement of the terms of this Agreement, Contractor 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 coverage limits below in 15A. Such certificates, which do not limit Contractor'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 Contractor 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 Contractor 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: $1,000,000 each occurrence 2,000,000 aggregate — all other Property Damage: $500,000 each occurrence 1,000,000 aggregate If submitted, combined single limit policy with aggregate limits in the amount of City of Cupertino Professional Services Agreement(Tennis Pro) Page 7 of 9 198 2,000,000 will be considered equivalent to the required minimum limits shown above. 3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $500,000 each occurance Property Damage: $500,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence Certificates of such insurance, preferably on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this agreement or, with CITY's approval, within ten (10) days thereafter. Said certificates shall be subject to the approval of the City Attorney and shall contain an endorsement stating that said insurance is primary coverage and will not be cancelled or altered by the insurer except after filing with the City Clerk thirty (30) days' written notice of such cancellation or alteration, and that the City of Cupertino is named as an additional insured. Current certificates of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. 16. AGREEMENT BINDING. The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 17. WAIVERS. The waiver by either parity of any breach or violation of any term, covenant, or condition of this agreement or any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money that may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 18. COSTS AND ATTORNEYS FEES. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with such an action from the other party. 19. NONDISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. If the value of this Agreement is, or may be, Five Thousand Dollars ($5,000) or more, TENNIS PRO agrees to meet all requirements of the Cupertino Municipal Code pertaining to nondiscrimination in employment and to complete and submit the "Compliance Report--Nondiscrimination Provisions of City of Cupertino Contracts" on the form furnished by CITY. If TENNIS PRO is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it shall thereby be found in material breach of this Agreement. Thereupon, CITY shall have the power to cancel or suspend this Agreement, in whole or in part. City of Cupertino Professional Services Agreement(Tennis Pro) Page 8 of 9 199 If TENNIS PRO is found in violation of the nondiscrimination provisions of this Agreement, TENNIS PRO shall be found in material breach of this Agreement. Thereupon, CITY shall have the power to cancel or suspend this Agreement, in whole or in part. 20. AGREEMENT CONTAINS ALL UNDERSTANDINGS. This document represents the entire and integrated Agreement between CITY and TENNIS PRO and supersedes all prior negotiations, representations, or Agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and TENNIS PRO. All provisions of this Agreement are expressly made conditions. This Agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, CITY and TENNIS PRO have executed this agreement the day and year first above written. ATTEST CITY OF CUPERTINO 6YRAL frti City Clerk Interi7WCit Manager APPROVED AS TO FORM: eAcitiAttorney 1 Dana K. Gill President, Lifetime Tennis, Inc. 1901 South Bascom Avenue #1225 Campbell, CA 95008 408) 781-4249 or (408) 777-3169 Telephone 77-0475700 Social Security or Tax I.D. number City of Cupertino Professional Services Agreement(Tennis Pro) Page 9 of 9 200 201 202 203 204 205 206 207 AMENDMENT TO AGREEMENT 12-033 BETWEEN THE CITY OF CUPERTINO AND LIFETIME TENNIS INC., DBA LIFETIME ACTIVITIES INC. FOR INSTRUCTION AND SUPERVISION OF CAMPS, CLASSES, LESSONS, RETAIL SERVICE, AND COURT MAINTENANCE. This Amendment to Agreement 12-033 between the City of Cupertino and Lifetime Tennis Inc., DBA Lifetime Activities Inc., for reference dated July 1, 2018, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Lifetime Tennis Inc., DBA Lifetime Activities Inc., a California Corporation (“Consultant”) whose address is 1901 South Bascom Ave. Suite 1225, Campbell, Ca. 95008 and is made with reference to the following: RECITALS: A.On March 20, 2012, an agreement was entered into by and between City and Consultant (hereinafter "Agreement") for tennis lessons, retail service, and court maintenance. The agreement will expire on 6/30/2018. B.Beginning December, 2016, Consultant expanded its activities to include instruction in racquet or paddle sports including badminton, table tennis, pickleball, and other such sports at the Cupertino Sports Center, as acceptable to City. As authorized in advance in writing, Contractor may provide instruction in other activities such as basketball, volleyball, cricket, chess, or other sport or recreational activities. Contractor to pay the City $3 per square foot for use of two office spaces, totaling 220 square feet. Contractor registered a fictitious business name “Lifetime Activities”, and began doing business as its dba “Lifetime Activities.” Correspondence and payments to Contractor thereafter have used the “Lifetime Activities” dba. Compensation for all non-racquet sports (including but not limited to pickleball, basketball, volleyball, cricket, and chess) shall pay TENNIS PRO based on the following financial terms: •City to retain 35% of each fee charged. •Contractor to retain 65% of each fee charged. •City retains $5 administration fee for each transaction received from the public. C.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.COMPENSATION Paragraph 4 of the Agreement is modified to read as follows: For the full performance of the services described herein by Lifetime Tennis Inc., DBA Lifetime Activities Inc., City shall pay Lifetime Tennis Inc., DBA Lifetime Activities Inc. based on the following schedule: Financial Terms: Contractor shall be compensated for services performed pursuant to this Agreement. Compensation shall consist of the following: 100% of class fees. The total compensation to the Contractor shall not exceed $10,800,000. For the privilege of utilizing the retail and office space, as well as various tennis courts and rooms as designated in the Program Resource Allocation (Exhibit C), Lifetime Tennis Inc., DBA208 Lifetime Activities Inc. shall remit $335,000 in annual rent to the City or 16% of the total annual revenue generated by Lifetime Tennis Inc., DBA Lifetime Activities Inc. for their programs offered at the Cupertino Sports Center and Memorial Park courts in a given fiscal year, whichever is greater. There shall be a $5,000 per year rent escalator. Payments to be made by the City in 8 seasonal payments during the fiscal year. Rent to be deducted in 8 equal amounts when City processes each of the 8 seasonal payments made to Lifetime Tennis Inc., DBA Lifetime Activities Inc. 2. TERM: EARLY TERMINATION Paragraph 6 of the Agreement is modified to read as follows: Exercising the option to extend and amend the original agreement, the services to be performed hereunder shall commence on July 1, 2018, and shall continue, unless earlier terminated pursuant to this agreement until June 30, 2024, when this contract shall be automatically terminated. Either party may terminate this agreement at an earlier time than above specified by giving one (1) year written notice to the other party. 3. The following Exhibits to the Agreement, are amended and replaced to read as shown in the attachments to this Amendment: a. Exhibit A, Exhibit B, Exhibit C, and Exhibit D 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. CONSULTANT By Title RECOMMENDED FOR APPROVAL By Title CITY OF CUPERTINO By Title APPROVED AS TO FORM City Attorney ATTEST: City Clerk 209 EXPENDITURE DISTRIBUTION PO #2018-155 570 63 621 700 702 Original Contract: $7,600,000 Amendment: $10,800,000 Total: $18,400,000 210 EXHIBIT A SCOPE OF WORK, PERFORMANCE AND PAYMENT SCHEDULES The CONTRACTOR will provide INSTRUCTION AND SUPERVISION in, but not limited to, the following: TENNIS, BADMINTON, TABLE TENNIS, BASKETBALL, VOLLEYBALL, PICKLEBALL AND CHESS. 1. Duties of Lifetime Tennis Inc., DBA Lifetime Activities Inc. a) Class and camp instruction for all City-sponsored groups as determined by the CITY. Class size and court usage shall be established and approved by the CITY. All instruction shall be provided at a quality consistent with the standards found at other facilities in the area which are open to the public. b) Will provide all necessary and appropriate equipment for the purpose of teaching high quality programs, including, but not limited to, tennis balls, ball machines, nets, and table tennis tables. This equipment shall be stored at the Cupertino Sports Center in space provided by Lifetime Tennis Inc., DBA Lifetime Activities Inc. c) Will respond to all public complaints no later than two (2) days after the complaint was registered. Both complaints and responses will be documented and forwarded to the CITY no later than the first of each month. 2. Optional Services a) The CITY shall have the sole right to establish the use of all tennis courts at the Sports Center and Lifetime Tennis Inc., DBA Lifetime Activities Inc.’s right to give private lessons on any court is subject to the CITY’s right to priority usage for the CITY sponsored events. b) Utilize courts #5 and #6 at Memorial Park for the sole purpose of teaching tennis lessons (Exception: Lifetime Tennis Inc., DBA Lifetime Activities Inc. is prohibited from using said courts on Tuesdays from 8:00 a.m. to Noon). 3. Collection of Fees and Charges a) All fees and charges for classes, camps, and private lessons provided by Lifetime Tennis Inc., DBA Lifetime Activities Inc. shall be collected from the public by the CITY. The fees and charges for all classes, lessons, and camps for both city-sponsored and private pupils will be established solely by the City pursuant to its normal procedure for establishing such fees and charges. b) During the term of this Agreement, Lifetime Tennis Inc., DBA Lifetime Activities Inc. is granted the exclusive privilege of providing tennis instruction at the Cupertino Sports Center other than that which is provided by CITY employees in connection with City-sponsored programs. 4. Retail Service a) The Retail Service to commence on July 1, 2018, and continue through June 30, 2024. b) The Retail Service that Lifetime Tennis Inc., DBA Lifetime Activities Inc. will be offering at the Cupertino Sports Center will consist of the following: • Racquet restringing for tennis and racquetball racquets. • Grip- build-up service • Various accessories for tennis racquets (grips, vibration dampers, etc.) 211 •Tennis racquet demo program and tennis racquet sales •Table tennis paddles •Pre-packaged food and beverages. c)The Retail Service will be located in the existing pro shop space located next to the lobby of the Cupertino Sports Center. d)Hours of Operation •Monday-Saturday 8:00 a.m. – 9:30 p.m. • Sunday 8:00 a.m. – 8:00 p.m. Any changes to the hours of operation must be authorized by the City representative. e)Monthly Financial Statements – No later than fifteen (15) days after the end of each month Lifetime Tennis Inc., DBA Activities Inc. shall submit to the City of Cupertino a written statement for the preceding month showing the gross revenue and expenses for the Retail Service. f)Court Maintenance - Lifetime Tennis Inc., DBA Lifetime Activities Inc. is to provide at its own expense, weekly maintenance services for all 18 tennis courts at the Cupertino Sports Center. This service is to include biweekly court washing and alternating biweekly court blowing/sweeping. In addition, Lifetime Tennis Inc., DBA Lifetime Activities Inc. will provide all necessary materials to provide these maintenance services. Materials include, but are not limited to, court washing wands, industrial grade hoses, hose carrier cart, portable air blower, and toolkit. 5.Term and Early Termination a)The services to be performed hereunder shall commence on July 1, 2018, and shall continue, unless earlier terminated pursuant to this agreement until June 30, 2024, when this contract shall be automatically terminated. Either party may terminate this agreement at an earlier time than above specified by giving one (1) year written notice to the other party. 6.Termination for Breach a)Notwithstanding the provisions of section 5 above, should either party be in default in the performance of this Agreement or materially breach any of its provisions, the non-breaching party may, at its option, immediately terminate this Agreement by giving written notification to either party. 7.Facility Closure a)The City reserves the right to close the facility for maintenance, for five consecutive week days, once per fiscal year, commencing in the fiscal year 2019/2020. The City will consider programming schedules and high traffic times of the facility when scheduling the closure. Location and Time of CONTRACTOR Services: Refer to the Recreation Schedule dated SUMMER, 2018, THROUGH SPRING, 2024, and the Resource Utilization Document for agreed upon dates, times, and class locations. The City, at its sole discretion, may change the agreed terms. 212 Compensation for CONTRACTOR Services: Compensation shall consist of the following: 100% of class fees. The total compensation to the Contractor shall not exceed $10,800,000. For the privilege of utilizing the 570 sq. feet of retail and office space, as well as various tennis courts and rooms as designated in the Program Resource Allocation (Exhibit C), Lifetime Tennis Inc., DBA Lifetime Activities Inc. shall remit $335,000 in annual rent to the City or 16% of the total annual revenue generated by Lifetime Tennis Inc., DBA Lifetime Activities Inc. for their programs offered at the Cupertino Sports Center and Memorial Park courts in a given fiscal year, whichever is greater. There shall be a $5,000 per year rent escalator. Payments to be made by the City in 8 seasonal payments during the fiscal year. Rent to be deducted in 8 equal amounts when City processes each of the 8 seasonal payments made to Lifetime Tennis Inc., DBA Lifetime Activities Inc. Eligible Participant Minimum and Maximums for CONTRACTOR Services: Minimum: 2 - 4 Maximum: 99 If less than the required minimum number of participants enroll in and pay for a particular class as identified in the schedule before the class is scheduled to start, the City may cancel the particular class and/or terminate this Agreement without additional notice or payment to Contractor. List of all Contractor Employees working for the City of Cupertino (if no Employees, identify “self”): ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ Performance of CONTRACTOR Services: In the case Contractor unilaterally cancels performance of a class, camp, activity or service without City approval, City reserves the right to immediately and without notice cancel the remainder of programs/services offered and or performed by Contractor. The Contractor shall follow all guidelines pertaining to registration procedures as listed in the quarterly recreation schedule. Participants may not take part in the program unless they are listed on the class roster or can show proof of enrollment. All participants and volunteers need to complete the City’s Waiver of Liability form prior to taking part in the program. If applicable, contractors who are responsible for supervising minors must remain with the class until a parent of legal guardian has arrived and all minors are released to them. In the event of an injury occurring to a participant, the Contractor will notify the City within 1 hour and complete an Incident Report in the form approved by the City. The Incident Report must be submitted to the City within 24 hours of the injury occurring. 213 Exh. B Insurance for Recreation Contracts Updated 3-26-18 1 As required by Section 12 of the Agreement, Contractor shall procure and maintain the following insurance for the duration of the contract against claims arising from or in connection with Contractor, its agents, representatives, employees or subcontractors Services under this Agreement. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, it must apply separately to this project/location (CG 25 03 or 25 04) or be twice the required occurrence limit. 2. Automobile Liability: ISO CA 0001 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000 per accident for bodily injury and property damage. Required if automobile is used to perform work under this contract. Otherwise, proof of Contractor’s personal auto insurance with limits required by state law suffices. Contractor shall not transport or use its personal vehicle to transport participants or perform work under this contract. 3. Workers’ Compensation: As required by the State of California, with Statutory and Employer’s Liability Insurance limits of no less than $1,000,000 per accident for bodily injury or disease. Required if Contractor has employees. If no employees, Contractor must sign Affidavit of No Employees. 4. Sexual Abuse/Molestation: Insurance or the equivalent as required for activities/services involving minors, (i.e., after school activities, recreational programs, athletics, study/training events and transportation of minors). Coverage may be included under General Liability or be obtained in a separate policy, such as Educators Legal Liability (ELL) policy, with a limit of no less than $1,000,000 per occurrence. If a general aggregate limit applies, it must apply separately to this contract or be twice the required occurrence limit. Required if Contract involves services to children. Insurance coverage required may be satisfied by a combination of Primary and Excess/Umbrella insurance. Self-Insured Retentions: Self-insured retentions must be approved by City. City may require Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language must provide, or be endorsed to provide, that the self- insured retention may be satisfied by either the named insured or City. Acceptability of Insurers: Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, with an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better. OTHER INSURANCE PROVISIONS: The CGL policy must contain, or be endorsed to contain, the following provisions: 1. The City, its City Council, boards and commissions, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds with respect to liability arising out of work or Exhibit B Insurance Requirements for R ecreation Contracts 214 Exh. B Insurance for Recreation Contracts Updated 3-26-18 2 operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. 2. Contractor’s insurance shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, agents, and volunteers. 3. The Insurance Company agrees to waive all rights of subrogation against the City, its elected or appointed officers, officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by Contractor for City. This provision also applies to the Contractor’s Workers’ Compensation policy. 4. Each insurance policy required by this contract shall provide that coverage shall not be canceled, except with notice to the City. Primary Coverage: The Additional Insured coverage under Contractor’s policy shall be primary non- contributory and at least as broad as ISO CG 20 01 04 13 as respects the City and all the insureds/indemnitees. If the limits of insurance required are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a “primary and non-contributory” basis for the benefit of the Additional Insureds before City’s own insurance is triggered. Notice of Cancellation: Each insurance policy shall provide that coverage shall not be canceled or allowed to expire without written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Such notice must be sent to City via email or certified mail to the attention of the City Manager. Waiver of Subrogation: Contractor grants City a waiver of any right to subrogation which any insurer of said Contractor may acquire against City by virtue of payment of any loss under such insurance. Contractor will obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Verification of Coverage: Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time. At a minimum Contractor must provide acceptable copies of the policy declarations and endorsement page verifying the required insurance coverages. Homeowner’s Insurance: Contractor’s homeowner’s liability insurance may provide coverage sufficient to meet these requirements. Contractor should provide these requirements to his or her agent to confirm and provide verification to City. Special Events Coverage: Insurers may provide special events coverage for a reduced fee, or City may be able to offer this coverage. Contractor should contact the City Manager’s Office for information or assistance. Special Risks or Circumstances: City reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 215 Days CSC Tennis (cts 14-18)* CSC Tennis (cts 6,7, 9-12)** M. Park Tennis (MP 5&6) Sport Court MPR Racquetball Conference Room Mon-Thur 8am-10pm 3-6pm 8am-10pm by request 4-6pm by request as available Friday 8am-10pm 2-10pm 8am-10pm by request 4-6pm,7-9pm by request as available Saturday 8am-10pm 2-10pm 8am-10pm 12-3pm 1:30-9pm by request as available Sunday 8am-8pm 2-8pm 8am-10pm 12-3pm 2:30-5pm by request as available Days CSC Tennis (cts 14-18)* CSC Tennis (cts 6,7, 9-12)** M. Park Tennis (MP 5&6) Sport Court MPR Racquetball Conference Room Mon-Thur 8am-10pm 8am-6pm 8am-10pm 9am-4pm 1-6pm by request as available Friday 8am-10pm 8am-10pm 8am-10pm 9am-4pm 1-6pm, 7-9pm by request as available Saturday 8am-10pm 2-10pm 8am-10pm 12-3pm 1:30-9pm by request as available Sunday 8am-8pm 2-8pm 8am-10pm 12-3pm 2:30-5pm by request as available ***Sport Court: CSC needs the sport court from 11:30-1, M-F City of Cupertino reserves the right to alter schedule to best meet the needs of the patrons and community. **Memorial Park courts 5 & 6 are not available Tues. 8-Noon. Exhibit C - Program Resource Allocation (September - May) **Memorial Park Courts 5 & 6 are not available Tuesday, 8-Noon * Courts 6 & 7, M-Th Noon-6pm, Friday Noon - 10pm School Break Activities Program Resource Allocation (June-August & holidays) City of Cupertino reserves the right to alter schedule to best meet the needs of the patrons and community. 216 EXHIBIT D Contractor’s Mandated Reporter Declaration The undersigned does hereby certify that: 1. I am a representative of LIFETIME TENNIS INC., DBA LIFETIME ACTIVITIES INC.; that I am familiar with the facts herein and am authorized and qualified to execute this declaration. 2. I declare that LIFETIME TENNIS INC., DBA LIFETIME ACTIVITIES INC., has complied with fingerprinting and criminal background investigation requirements with respect to all Contractor’s employees who may have contact with minors in the course of providing services pursuant to the Agreement, and the California Department of Justice has determined that none of those employees has been convicted of a felony, as that term is defined in California Penal Code Section 11105.3. 3. I declare that each coach and administrator shall be required to successfully complete concussion and head injury education at least once, either online or in person, before supervising a participant, as required by California Health and Safety Code Section 124235, et seq. 4. On a yearly basis, all participants shall be required to sign and return a concussion and head injury information sheet in compliance with California Health and Safety Code Section 124235, which may be in the form attached as D-1. 5. That a complete and accurate list of Contractor’s employees, who may come in contact with minors during the course and scope of the Agreement, are included below. 6. All of the below mentioned employees have tested negative for TB, or X-ray results for TB, and have current documentation on file with Contractor. 7. All of the below mentioned employees have received training and understand their responsibilities under the Mandated Reporter laws of this state and are willing and able to comply. 217 List of all Contractor Employees working for the City (if no Employees, identify “self”): _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ 8. The Contractor will notify the City of Cupertino in writing of any new employees and will be added to the above list prior to beginning work at the City of Cupertino. I declare under penalty of perjury that the foregoing is true and correct. LIFETIME TENNIS INC., DBA LIFETIME ACTIVITIES INC. __________________________________ By: DANA GILL Title: FOUNDER AND CEO Date: ___________________________ 218 From:Jenny Koverman To:Jeff Milkes Subject:FW: Lifetime Activities Contract Proposal (2018-2024) Date:Tuesday, April 24, 2018 3:11:40 PM From: Jenny Koverman Sent: Tuesday, November 28, 2017 12:04 PM To: 'Dana Gill' <danag@lifetimeactivities.com> Subject: RE: Lifetime Activities Contract Proposal (2018-2024) Dana- Thank you for all of the information. I have been waiting to find out from our Director and the City Attorney’s office on how they would like us to proceed with the contract. As I said in our meeting on November 3, our intent is to extend the contract for the maximum time (six years). This will be subject to city council approval on December 19th. We will be asking council to approve authority for the City Manager to extend and amend your contract. This will allow us to make changes to the contract that are acceptable to both parties. I will get back to you soon about the contract proposals! Jenny Koverman, | Recreation Supervisor City of Cupertino Recreation and Community Services 408.777.3129 | JennyK@cupertino.org From: Dana Gill [mailto:danag@lifetimeactivities.com] Sent: Monday, November 13, 2017 9:24 AM To: Jenny Koverman <JennyK@cupertino.org> Cc: Colleen Ferris <ColleenF@cupertino.org>; John Vest <johnv@lifetimeactivities.com> Subject: Lifetime Activities Contract Proposal (2018-2024) Hello Jenny, Thank you for meeting with me on Friday, November 3rd. I enjoyed providing you with a synopsis of our tenure as the City’s tennis and emerging activities service provider. First of all, thank you in advance for your time and consideration in reading the following email and corresponding attachments. The content is detailed as it highlights a number of important factors pertaining to both present and future recreational experiences as provided by Lifetime Activities. As we look forward, we see opportunities and challenges in continuing to serve Cupertino. Since 1993, we have prided ourselves on being a comprehensive, employee-based, customer- 219 focused, year round professional enterprise. Investing in career staff members, upgrading equipment, maintaining A rated insurance, selecting top-rated information systems, adhering to all human resource protocols, and actively engaging in community outreach initiatives are some of our core values; all of which require commitment, dedication and financial capital. Unfortunately, over the past 6 years, we have found our Cupertino cost basis has exceeded our revenue share expectations and have made us question the operation’s future viability. While possibly the largest municipal tennis and activity programs in California, our 350K contribution to the 2016-17 recreation budget is the far and away the highest we have found among comparable services. In addition, gross revenues have stalled and have hovered between 1.5m - 1.65M over the past 6 years. During that time, our operating costs have increased 38% and yet our revenue share has declined from over 1.3M in 2012-13 and 2013- 14 to down to an average of 1.25M (-50K) over each of the past 4 years. Due to state/local statues, insurance premiums and cost of living increased, we project that our operating cost will increase another 28-33% over the next 6 years. Additionally, our efforts to expand the activity service menu at the Cupertino Sports Center (CSC) has led to a positive increase of overall participation, along with a growing revenue share and budgetary contribution for the City of Cupertino (301K in 2012-13 to 350K in 2016-17). As we assess our future, we find ourselves seeking new growth opportunities rather than looking to reduce programming or service quality to the community. Forward progress will enable us to continue delivering one the state's most robust municipal service operations. Fortunately, we have developed long-term community relationships wherein we receive regular input regarding new service ideas, operational enhancement and ways to provide greater patron convenience. However, at a time when we aim for an upward trajectory, we find ourselves faced with a reduced service role with regard to chess programming. And, on behalf of our service team and the families/patrons who have enjoyed chess at the CSC since the summer of 2015, I am restating our disappointment with the City’s decision to discontinue individual chess classes and/or camps at the Sports Center. The decision and reasoning to completely remove these actively running programs from the Spring 2018 guide is perplexing on many levels. It has been stated that the CSC individual chess offerings have not met enrollment requirements. However, our data and rosters show that many (if not most) of these single classes/camps have met and exceeded participation minimums. For reference, I have included an updated chess participation spreadsheet (individual and combination) for the past 2 calendar years and can provide a copy of all class rosters upon request. Since January of 2016, there have 518 individual chess class and 227 individual chess camp participants; enrollment numbers that are likely higher than a number of other Cupertino program. These ala carte chess programs have yielded approximately $96,000 in revenue; not including the upcoming December holiday camp offerings. So moving forward, we foresee a net loss of hundreds of annual chess students and $50,000 in gross revenues; not including the impact of any future chess and other attached “combination" classes/camp activities that may not have enough traction to meet program minimums over time. Cupertino could certainly lose additional activity patrons who want a physical/cognitive sport and chess combo class or camp…only to have it cancelled for lack of supporting chess enrollment from the simultaneously offered stand-alone chess option. This decision could result in the loss of thousands of chess/sport participants, $300,000+ in revenue and countless complaints over the next 6 years. 220 Despite our significant concern, we recognize our role and standing as a contracted service provider. And since the conclusion of our contract term (June 30th, 2018) is fast approaching, we are including 2 contract proposals (with revenue-generating add-on concepts) for your consideration. These proposals include options with and without individual chess offerings at the Sports Center. Also, to help compare other regional contracts, you will find an additional attachment which summarizes our other Bay Area municipal agreements. Lastly, per the terms of the current Cupertino contract, we request that our service agreement be agreed upon and renewed by the end of this calendar year (12/31/17) or we be notified, in writing, that the City is pursuing a formal RFP process. Due to upcoming annual vendor agreements, we must know our future status in fairly short order. Our business relationships include Wilson Sporting Goods, Leavitt Insurance, Club Automation, ADP payroll service, Wells Fargo credit department, Vanguard Retirement program…along with our annual management budgets, operational goals, and staff member reviews. Consequently, should the City and Lifetime not reach an renewal agreement, 6 months is the minimum time needed to transition an operation this size (43 staff members and 1000+ patrons a week) to another provider and for our career staff to prepare for other employment opportunities. After 24 years, we are proud and grateful for the opportunity to deliver positive recreational experiences throughout the Bay Area and to thousands of Cupertino residents. On behalf of our senior myself, Dana Gill - Founder & CEO (1993), our Cupertino management team: John Vest - Chief Operations Officer (1997), Jennie Shem - General Manager (1999), Tom Uyehara - Tennis Director (2000), Juan Garcia - Maintenance Manager (2006), Ali Khadem - Activities Director (2010), and 37 other individual contributors in Cupertino, we thank the City for entrusting us to best serve the community. We remain interested in continuing as the Cupertino's tennis and activities vendor of choice for another 6 years; July 1st, 2018 through June 30th, 2024. I look forward to connecting as your schedule allows. Dana Gill Founder & CEO Lifetime Activities Inc. 1901 So. Bascom Ave, #1225, Campbell, CA 95008 danag@lifetimetennis.com www.lifetimetennis.com O: (408) 626 9282 M: (408) 781 4249 Total Control Panel Login To: jennyk@cupertino.org From: danag@lifetimeactivities.com Remove this sender from my allow list You received this message because the sender is on your allow list. P.S. The Cupertino municipal tennis and activity program is a public/private collaboration like no other! Throughout the state of California, encompassing 50 municipal tennis/sports centers, there is no operation that can compare to the high level of year round patron 221 participation and revenue share results that exists between the City of Cupertino and Lifetime Activities...here at the Cupertino Sports Center. Total Control Panel Login To: jennyk@cupertino.org From: danag@lifetimeactivities.com Remove this sender from my allow list You received this message because the sender is on your allow list. Total Control Panel Login To: jennyk@cupertino.org From: danag@lifetimeactivities.com Remove this sender from my allow list You received this message because the sender is on your allow list. Total Control Panel Login To: jennyk@cupertino.org From: danag@lifetimeactivities.com Remove this sender from my allow list You received this message because the sender is on your allow list. P.P.S. For added convenience, I am including the 3 other documents (Lifetime synopsis, chess info and historical revenues) provided in a previous email a couple of weeks ago. Total Control Panel Login To: jennyk@cupertino.org From: danag@lifetimeactivities.com Remove this sender from my allow list You received this message because the sender is on your allow list. Total Control Panel Login To: jennyk@cupertino.org From: danag@lifetimeactivities.com Remove this sender from my allow list You received this message because the sender is on your allow list. 222 Total Control Panel Login To: jennyk@cupertino.org From: danag@lifetimeactivities.com Remove this sender from my allow list You received this message because the sender is on your allow list. Total Control Panel Login To: jennyk@cupertino.org From: danag@lifetimeactivities.com Remove this sender from my allow list You received this message because the sender is on your allow list. 223 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4106 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:6/18/2018 City Council On agenda:Final action:7/3/2018 Title:Subject: Agreement between the City of Cupertino and HNTB, Inc., for professional design services to conduct survey & inspection, recommend perimeter fencing improvements and resolve bearing pin issues for the Don Burnett Bicycle-Pedestrian Bridge Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Professional Services Agreement with HNTB B - Draft Resolution Action ByDate Action ResultVer. City Council7/3/2018 1 Subject: Agreement between the City of Cupertino and HNTB, Inc., for professional design services to conduct survey & inspection, recommend perimeter fencing improvements and resolve bearing pin issues for the Don Burnett Bicycle-Pedestrian Bridge Staff recommends Council take the following actions: 1. Approve an Agreement between the City of Cupertino and HNTB, Inc., in the amount not to exceed $69,945 from the date of execution through November 1, 2018, and authorize the Director of Public Works to negotiate and execute all necessary documents with contractors to complete corrective actions as may be recommended by this agreement in an amount not to exceed $150,000; and 2. Adopt a Resolution No 18-066 approving a Budget Adjustment in the amount of $219,945 for Don Burnett Bicycle-Pedestrian Bridge Inspection & Maintenance (Attachment B). CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™224 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: July 3, 2018 Subject Agreement between the City of Cupertino and HNTB, Inc., for professional design services to conduct survey & inspection, recommend perimeter fencing improvements and resolve bearing pin issues for the Don Burnett Bicycle-Pedestrian Bridge. Recommended Action Staff recommends Council adopt Resolution No. 18-XXX and take the following actions: 1. Authorize the City Manager or designee to negotiate and enter an agreement with HNTB, Inc. in the amount not to exceed $69,945 for the above-referenced work, from the date of execution through November 1, 2018; 2. Authorize the City Manager or designee to negotiate and execute all necessary documents and attendant contracts necessary to complete corrective actions on the bridge as may be recommended by HNTB, Inc. in an amount not to exceed $150,000; 3. Approve amending FY 18/19 Operating Budget to appropriate $219,945 to the Public Works Agency for the Don Burnett Bicycle-Pedestrian Bridge inspection, repair & maintenance work. Description The Don Burnett Bicycle-Pedestrian Bridge was opened to the public in April 2009. Since that time, maintenance requirements of the bridge have been relatively minor and limited to a periodic inspection of the structure. These inspections occurred in 2012 and 2015. Both inspections showed the bridge performing as expected with no major issues. One issue that was discovered in the 2012 inspection was that one of four bearing pins showed movement out of its retaining device. To resolve, stronger retaining connections were designed by HNTB, Inc. (bridge designer) and implemented for all four bearing pins. No significant issues were identified in the 2015 inspection. 225 In March of this year, while staff was performing maintenance on the handrail, it was observed that a different bearing pin had begun to work its way out of the redesigned retaining connection. Staff inspected the remaining pins and notified HNTB regarding the issue. HNTB assured staff that the integrity of the bridge was sound and the pin was reset. A second issue staff is working to resolve is br idge lighting. Currently the tower up-lights are not operating. An electrical short is suspected. Discussion Additional analysis is needed to permanently resolve the issue of bridge pins. Due to the uniqueness of this bridge and role of HNTB in designing the structure, staff recommends that HNTB complete the bearing pin retainage redesign work with a contractor implementing the work. Staff will negotiate this work to be completed with no profit to HNTB. With the effort needed to complete this work it is also an opportunity to complete a new bridge inspection and take any corrective actions that are needed. Lastly, at the request of Homestead High School administrative staff, public works has been asked to improve the effectiveness of perimeter fencing immediately adjacent to the bridge. In 2017, two Homestead High School students climbed the perimeter fencing and threatened to jump off of the bridge onto Hwy 280. In both incidences, the students were talked back to safety with the help of school staff and Sheriff Deputies. Sustainability Impact Not applicable. Fiscal Impact Staff did not complete negotiations with HNTB until the end of May. If authorized by Council, an additional appropriation not to exceed $69,945 is needed for the professional design services of HNTB plus an additional appropriation not to exceed $150,000 is requested for corrective work (including, but not limited to, bearing pins, lighting and perimeter fence improvements) for a total not to exceed amount of $219,945. The account to receive these funds is Overpasses and Medians 100 -86-824 special projects. _____________________________________ Prepared by: Roger Lee, Assistant Director of Public Works Department Reviewed by: Timm Borden, Director of Public Works Department Approved for Submission by: David Brandt, City Manager Attachments: 226 A – Professional Services Agreement with HNTB B – Draft Resolution to amend FY 18/19 Operating Budget 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 1 RESOLUTION NO. 18-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A CONTRACT WITH HNTB, INC. FOR PROFESSIONAL DESIGN SERVICES FOR THE DON BURNETT BICYCLE-PEDESTRIAN BRIDGE, APPROVING NECESSARY ATTENDANT CONTRACTS TO COMPLETE THE WORK, AND AMENDING FY18/19 ANNUAL OPERATING BUDGET TO APPROPRIATE $219,945 TO PUBLIC WORKS FOR THIS PURPOSE WHEREAS, the City of Cupertino (City), a municipal corporation and general law city duly organized and existing under and pursuant to the laws of the State of California (City) is authorized to enter contracts on its behalf and for the benefit of the City; and WHEREAS, the City completed the formal qualification process to design the Don Burnett Bicycle-Pedestrian Bridge prior to the opening of the bridge in April 2009; and WHEREAS, HNTB, Inc. was selected as the most qualified design engineer; and WHEREAS, HNTB, Inc. has performed an inspection/survey of the Don Burnett Bicycle- Pedestrian Bridge in 2012 and again in 2015; WHEREAS, unforeseen issues and the need to conduct a third inspection/survey of the bridge have occurred requiring the additional services of HNTB, Inc.; WHEREAS, staff recommends that HNTB Inc. be retained to conduct additional analysis to resolve bridge pins issues and conduct new bridge inspections and take corrective actions as needed; WHEREAS, an adjustment to FY 2018/19 annual operating budget is necessary to appropriate an additional $219,945 to public works for this contract; NOW, THEREFORE, THE CUPERTINO CITY COUNCIL RESOLVES AS FOLLOWS: 1. The City Manager or designee is authorized to negotiate and enter an agreement with HNTB, Inc. in the amount not to exceed $69,945 for the above-referenced work, from the date of execution through November 1, 2018; 248 2 2. The City Manager or designee is authorized to negotiate and execute all necessary documents and attendant contracts to complete corrective actions as may be recommended by HNTB, Inc. in an amount not to exceed $150,000; 3. This Resolution No. 18-XXX is adopted, amending FY 18/19 Operating Budget to appropriate $219,945 to the Public Works Agency for the Don Burnett Bicycle- Pedestrian Bridge Inspection & Maintenance work. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rdday of July 2018, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ________________________________ Grace Schmidt, City Clerk Darcy Paul, Mayor 249 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4114 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:6/21/2018 City Council On agenda:Final action:7/3/2018 Title:Subject: Agreement with Pacific Office Automation for the technology refresh of the City's multifunctional printers. Sponsors: Indexes: Code sections: Attachments:Staff Report A - NASPO Contract B - Service Agreement Action ByDate Action ResultVer. City Council7/3/2018 1 Subject: Agreement with Pacific Office Automation for the technology refresh of the City's multifunctional printers. Authorize the City Manager to approve purchase order for fifteen (15) multifunctional printers in the amount of $128,305 and authorization to enter into a one-year Service Agreement, with four (4) one-year extension options payable at an annual rate of $25,000 for a five-year amount of $125,000 with Pacific Office Automation for a total amount of $253,305. CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™250 BIL INNOVATION TECHNOLOGY DEPARTMENT BILL MITCHELL, CTO CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-1333 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: July 3, 2018 Subject Agreement with Pacific Office Automation for the technology refresh of the City’s multifunctional printers. Recommended Action Authorize the City Manager to approve a purchase order for fifteen (15) multifunctional printers in the amount of $128,305 and authorization to enter into a one-year Service Agreement, with four (4) one-year extension options payable at an annual rate of $25,000 for a five-year amount of $125,000 with Pacific Office Automation for a total amount of $253,305. Description Staff recommends entering into agreements for the purchase and ongoing maintenance of the City’s multifunctional printers (MFP) in line with the City’s technology refresh program. The agreements include: • National Association of State Procurement Officials contract (Exhibit A) that provides contract terms and minimum discount for MFP purchase. • One year Service Agreement with four (4) one-year extension options MFP equipment will be procured from Pacific Office Automation under the National Associations of State Procurement Officials (NASPO) cooperative agreement. The NASPO cooperative purchasing program facilitates public procurement solicitations and agreements. By working with NASPO, states and local governments are able to leverage their spending through a single solicitation with the best value and superior contract terms. The proposed hardware and service agreement will provide effective and efficient solutions to the City’s print, scan, copy and fax requirements. 251 Discussion Background In April, 2012, the City entered into a 60-month agreement with De Lage Landen Public Finance LLC/Sharp for the lease of new MFPs. These lease agreements have now expired and MFPs are covered by month-to-month agreements. MFP equipment recommended for replacement is in poor condition and near end of useful life. Market Scan and Research Innovation Technology staff along with other departments administration staff (MFP Team) researched vendor options and narrowed the choice to Sharp, Konica Minolta, Kyocera and Toshiba. Staff reached out to other municipalities, professional organizations, and research/advisory groups on their experiences with each vendor relating to quality of the product, support, and overall value. Product Assessment/Evaluation Upon selection of the four vendors, the MFP Team attended onsite demonstrations of the proposed solutions offered by Sharp, Konica Minolta, Kyocera, and Toshiba. Staff evaluated the performance features of each product. Proposed Solution After assessment and evaluation, staff choose the Sharp MFP solution. Three Sharp MFP vendors were asked to provide pricing for purchase and ongoing maintenance. Pacific Office Automation was selected based on lowest price and references. NASPO contract requires a minimum 62% discount off of MSRP pricing. Staff was able to negotiate a 78% discount of the total equipment cost. The equipment purchased are subject to the NASPO contract limited warranties and standard terms as specified in the contract. Ongoing maintenance is based on the number of pages generated within a month period. Sustainability Impact The proposed solution is anticipated to achieve more efficient power usage with newer energy-efficient standards and industry certifications that promote efficient energy use and power delivery. In turn, this will allow less waste heat generation, reducing carbon footprint through decreased energy usage. 252 Fiscal Impact Full funding is allocated in the FY17-18 and FY18-19 budgets for the Innovation Technology Department to procure the MFPs. Maintenance of the MFPs is included in all department budgets for Fy18-19. FY17-18 Innovation Technology Infrastructure Budget Fiscal Year G/L Account Available Budget FY17-18 610-34-310 900-945 $75,000 FY18-19 610-34-310 900-945 $95,000 Prepared by: Bill Mitchell, CTO Approved for Submission by: David Brandt, City Manager Attachments: NASPO Contract Service Agreement 253 STATE OF CALIFORNIA PARTICIPATING ADDENDUM NO. 7-15-70-26 Copiers, Printers and Related Devices Nevada NASPO ValuePoint (Formerly WSCA-NASPO) Master Agreement 3091 Sharp Electronics Corporation This Participating Addendum Number 7-15-70-26 is entered into between the State of California, Department of General Services (hereafter referred to as "State" or "DGS") and Sharp Electronics Corporation (hereafter referred to as "Contractor") under the lead State of Nevada NASPO ValuePoint Cooperative Purchasing Organization (Formerly WSCA-NASPO) Master Agreement No. 3091. 1.Scope A.This Participating Addendum covers the purchase of Copiers, Printers and Related Devices under the Nevada NASPO ValuePoint Master Agreement Number 3091. The NASPO ValuePoint Master Agreement is hereby incorporated by reference and shall apply to the purchase of goods and services made under this Participating Addendum. B.This Participating Addendum is available for use by all State Departments and California political subdivisions/local governments. A political subdivision/local government is defined as any city, county, city and county, district, or other local governmental body or corporation, including the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds. C.Each political subdivision/local government is to make its own determination whether this Participating Addendum and the NASPO ValuePoint Master Agreement are consistent with its procurement policies and regulations. 2.Term A.The term of this Participating Addendum shall begin upon signature approval by the State and will end December 31, 2019, or upon termination by the State, whichever occurs first. B.Lead State amendments to extend the Master Agreement term date are not automatically incorporated into this Participating Addendum. Extension(s) to the term of this Participating Addendum will be through a written amendment upon mutual agreement between the State and the Contractor. 3.Mandatory Statewide Contracts Product and service categories that are available on mandatory California statewide contracts for information technology {IT) hardware cannot be purchased from this Participating Addendum by State Departments without an exemption. State Departments are responsible for obtaining an exemption from DGS prior to issuing a purchase order. This restriction is not applicable to political subdivisions/local governments. Page 1 of 7 CONTRACT 254 Participating Addendum No. 7-15-70-26 4.Terms and Conditions Terms and conditions listed below are hereby incorporated by reference and made a part of this Participating Addendum as if attached herein and shall apply to the purchase of goods or services made under this Participating Addendum. These include: A.General Provisions -Information Technology, GSPD401 IT, effective 11/27/2013. The twelve page document can be viewed at: http://www.documents.dgs.ca.gov/pd/poliproc/gspd401IT13 1127.pdf 5.Order of Precedence In the event of any inconsistency between the articles, attachments, or provisions which constitute this agreement, the following descending order of precedence shall apply: A.California Participating Addendum Number 7-15-70-26 B.Nevada NASPO ValuePoint Master Agreement Number 3091 6.Available Products and Services This Participating Addendum includes the following Groups: Group A-Convenience Copiers Group B -Production Copiers 7.Disallowed Products and Services Contractor supplied leasing agreements and rental options are not allowed. This restriction is not applicable to political su_bdivisions/local governments. 8.Price List A.Contractor shall submit a Product and Service Schedule (PSS) identifying all products and services offered under this Participating Addendum for the State's approval. B.The PSS shall include the following: 1)Manufacturer Part Number or Item Number 2)List Price 3)Minimum Discount off List Price 4)Contract Price C.Contractor shall maintain a website dedicated to this Participating Addendum which contains the State-approved PSS. D.Contractor shall submit a written notice of price increases/decreases and a revised PSS for the State's approval prior to updating the Contractor's dedicated website for this Participating Addendum. E.State-approved PSS will be posted on the State's eProcurement website. Page 2 of 7 255 Participating Addendum No. 7-15-70-26 9.Equipment Additions/Deletions A.Contractor may add or delete equipment introduced or removed from the market by the manufacturer under the following conditions: 1)Equipment is within existing awarded categories under the NASPO Value Point Master Agreement; 2)Contractor has obtained prior approval from the Nevada NASPO ValuePoint Contract Administrator; and 3)Contractor receives written approval from the California State Contract Administrator. B.Contractor shall submit a written notice of equipment additions/deletions and a revised PSS for the State's approval prior to updating the Contractor's dedicated website for this Participating Addendum. C.Contractor shall not add new categories or groups of equipment or services under this Participating Addendum that were not originally included in the NASPO ValuePoint Master Agreement. 10.Authorized Dealers A.Nothing contained in this Agreement or otherwise, shall create any contractual relation between the State and any authorized dealers, and no authorized dealer shall relieve Contractor of its responsibilities and obligations hereunder. Contractor agrees to be fully responsible to the State for the acts and omissions of its authorized dealers and of persons either directly or indirectly employed by the Contractor. Contractor's obligation to pay its authorized dealers is an independent obligation from the State's obligation to make payments to the Contractor. B.As the prime contractor, contractor is responsible for reports and fees required by the terms and conditions of the NASPO ValuePoint Master Agreement and State Participating Addendum. C.Subject to the approval of the State, authorized dealers may be added on a quarterly basis during the term of the contract. Contractors shall notify the State of any deleted authorized dealers or changes to current authorized dealers contact information at any time during the contract term. D.Contractor shall submit an authorized dealer list identifying the company name, address, contact name, phone number and email of authorized dealers to the State's Contract Administrator for the State's approval prior to updating its California specific contract website. E.State-approved authorized dealers will be posted on the State's ePrbcurement website. 11.Ordering Agency Responsibilities A.State department and political subdivision/local government use of this Participating Addendum is optional. Page 3 of 7 256 Participating Addendum No. 7-15-70-26 B.A User Instructions guide will be prepared and administered by the State Contract Administrator. C.Ordering agencies must follow the Contractor Selection and Request for Offer (RFO) process outlined within the User Instructions guide prior to executing orders against this Participating Addendum. 12.Contractor Responsibilities Contractor must respond to the ordering agency's RFO to be eligible to receive a Purchase Order under this Participating Addendum. 13.Invoicing The State Participating Addendum Number and Ordering Agency Purchase Order Number shall appear on each purchase order and invoice for all purchases placed under this Participating Addendum. 14.Usage Reporting A Contractor shall submit usage reports on a monthly basis to the State Contract Administrator for all California entity purchases using the report template attached hereto as Attachment A B.The report is due even when there is no activity. C.The report shall be an Excel spreadsheet transmitted electronically to the DGS mailbox at PDWSCA@dgs.ca.gov. D.Any report that does not follow the required format or that excludes information will be deemed incomplete. Contractor will be responsible for submitting corrected reports within five business days of the date of written notification from the State. E.Tax must not be included in the report, even if it is on the purchase order. F.Reports are due each quarter as follows: · · Reporting Period JAN 1 to MARCH 30 APR 1 to JUNE 30 JULY 1 to SEPT 30 OCT 1 to DEC 30 Due Date APR30 JUL 31 OCT 31 JAN31 G.Failure to meet reporting requirements and submit the reports on a timely basis shall constitute grounds for suspension of this contract. H.Amendments for term extensions may be approved only if all due reports have been submitted to the State. Page 4 of 7 257 Participating Addendum No. 7-15-70-26 15.Administrative Fee A Contractor shall submit a check, payable to the State of California, remitted to the NASPO ValuePoint Payment Processing Unit for the calculated amount equal to one percent (0.01) of the sales for the quarterly period. B.Contractor must include the Participating Addendum Number on the check. Those checks submitted to the State without the Participating Addendum Number will be returned to Contractor for additional identifying information. C.Administrative fee checks shall be submitted to: State of California Department of General Services, Procurement Division Attention: NASPO ValuePoint Payment Processing 707 3rd Street, 2nd Floor, MS 2-202 West Sacramento, CA 95605 D.The administrative fee shall not be included as an adjustment to Contractor's NASPO ValuePoint Master Agreement pricing. E.The administrative fee shall not be invoiced or charged to the ordering agency. F.Payment of the administrative fee is due irrespective of payment status on orders or service contracts from a purchasing entity. G.Administrative fee checks are due for each quarter as follows: �epgi;ting P�riod .. oii� l)�te; . •. . ·�: <' JAN 1 to MARCH 30 APR30 APR 1 to JUNE 30 JUL 31 JULY 1 to SEPT 30 OCT31 OCT 1 to DEC 30 JAN 31 H.Failure to meet administrative fee requirements and submit fees on a timely basis shall constitute grounds for suspension of this contract. 16.Contract Management A The primary Contractor Contract Manager for this Participating Addendum shall be as follows: Contractor: Name: Phone: Fax: E-Mail: Address: Sharp Electronics Corporation Craig Pulver (201)529-8200 (201)529-9454 pulverc@sharpsec.com One Sharp Plaza Suite 1 Mahwah, NJ 07495 Page 5 of 7 258 Participating Addendum No. 7-15-70-26 B.Should Contractor Contract Manager information change, the Contractor will provide written notice with the updated information to the State Contract Administrator no later than ten business days after the change. C.The State Contract Administrator for this Participating Addendum shall be as follows: Name: Phone: Fax: E-Mail: Address: Cynthia Okoroike (916)375-4389 (916)375-4663 cynthia.okoroike@dgs.ca.qov State of California Department of General Services Procurement Division 707 Third Street, 2nd Floor, MS 2-202 West Sacramento, CA 95605 D.Should State Contract Administrator information change, the State will provide written notice with the updated information to the Contractor Contract Manager no later than ten business days after the change. 17.Termination of Agreement The State may terminate this Participating Addendum at any time upon 30 days prior written notice to the Contractor. Upon termination or other expiration of this Participating Addendum, each party will assist the other party in orderly termination of the Participating Addendum and the transfer of all assets, tangible and intangible, as may facilitate the orderly, nondisrupted business continuation of each party. This provision shall not relieve the Contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination becoming effective. 18.Amendment No amendment or variation of the terms of this Participating Addendum shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the Participating Addendum is binding on any of the parties. Page 6 of 7 259 C e; Participating Addendum No. 7-15-70-26 19.Agreement A.This Participating Addendum and the Master Agreement together with its exhibits and/or amendments, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Participating Addendum and the Master Agreement, together with its exhibits and/or amendments, shall not be added to or incorporated into this Participating Addendum or the Master Agreement and its exhibits and/or amendments, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Participating Addendum and the Master Agreement and its exhibits and/or amendments shall prevail and govern in the case of any such inconsistent or additional terms. B.By signing below Contractor agrees to offer the same products/and or services as on the Nevada NASPO ValuePoint Master Agreement Number 3091, at prices equal to or lower than the prices on that contract. C.IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below. STATE OF CALIFORNIA Sharp Electronics Corporation By: �{$ By:�� Name: Laura J. Blackmer �ame: _Ji_m_B_u _tle_r __________ _ Title: Deputy Director Date: Title: Senior VP Sales Date: 10/19/2015 Page 7 of 7 260 WSCA-NASPO Master Agreement Terms and Conditions A Contract for the WSCA-NASPO Cooperative Purchasing Program (WSCA-NASPO) Acting by and through the State of Nevada (Lead State) Department of Administration, Purchasing Division 515 E Musser Street, Room 300 Carson City NV 89701 Contact: Shannon Berry, Assistant Chief Procurement Officer Phone: (775) 684-0171 • Fax: (775) 684-0188 Email: sberry@admin.nv.gov and Sharp Electronics Corpor ation One Sharp Plaza Suite 1 Mahwah NJ 07495 Contact: Craig Pulver, Government Account Executive Phone: (201) 529-8200 • Fax: (201) 529-9454 Email: pulverc@sharpsec.com 1.Master Agreement Order of Precedence a.Any Order placed under this Master Agreement shall consist of the following documents: (1)A Participating Entity's Participating Addendum ("PA"); (2)These WSCA-NASPO Master Agreement Tenns & Conditions; (3)A Purchase Order issued against the Master Agreement; (4)The Statement of Work specific to Participating Entity; (5)The Solicitation, RFP 3091 Copiers, Printers and Related Devices (Attachment AA); (6)Negotiated Items (Attachment BB); and (7)Contractor's response to the Solicitation, as revised (ifpennitted) and accepted by the Lead State (Attachment CC). •Awarded:Groups A and B WSCA-NASPO Master Agreement Ts and Cs Page 1 of 20 261 b.These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contractor tenns and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. 2.Definitions Acceptance means a written notice from a Purchasing Entity to Contractor advising Contractor that the Product has passed its Acceptance Testing. Acceptance of a Product for which acceptance testing is not required shall occur following the completion of delivery, installation, if required, and a reasonable time for inspection of the Product, unless the Purchasing Entity provides a written notice of rejection to Contractor. Acceptance Testing means the process for ascertaining that the Product meets the standards set forth in the section titled Standard of Perfonnance and Acceptance, prior to Acceptance by the Purchasing Entity. Contractor means the person or entity delivering Products or perfonning services under the tenns and conditions set forth in this Master Agreement. Embedded Software means one or more software applications which pennanently reside on a computing device. Intellectual Property means any and all patents, copyrights, service marks, trademarks, trade secrets, trade names, patentable inventions, or other similar proprietary rights, in tangible or intangible fonn, and all rights, title, and interest therein. Lead State means the State centrally administering any resulting Master Agreement(s). Master Agreement means the underlying agreement executed by and between the Lead State, acting on behalf of WSCA-NASPO, and the Contractor, as now or hereafter amended. Order or Purchase Order means any purchase order, sales order, contract or other document used by a Purchasing Entity to order the Products. Participating Addendum means a bilateral agreement executed by a Contractor and a Participating Entity incorporating this Master Agreement and any other additional Participating Entity specific language or other requirements, e.g. ordering procedures specific to the Participating Entity, other tenns and conditions. Participating Entity means a state, or other legal entity, properly authorized to enter into a Participating Addendum. Participating State means a state, the District of Columbia, or one of the territories of the United States that is listed in the Request for Proposal as intending to participate. A Participating State is not required to participate through execution of a Participating Addendum. Upon execution of the Participating Addendum, a Participating State becomes a Participating Entity. WSCA-NASPO Master Agreement Ts and Cs Page 2 of 20 262 Product means any equipment, software (including embedded software), documentation, service or other deliverable supplied or created by the Contractor pursuant to this Master Agreement. The tenn Products, supplies and services, and products and services are used interchangeably in these tenns and conditions. Purchasing Entity means a state, city, county, dist1ict, other political subdivision of a State, and a nonprofit organization under the laws of some states if authorized by a Participating Addendum, who issues a Purchase Order against the Master Agreement and becomes financially committed to the purchase. WSCA-NASPO 1s the WSCA-NASPO Cooperative Purchasing Program, facilitated by the WSCA-NASPO Cooperative Purchasing Organization LLC, a 501(c)(3) limited liability company that is a subsidiary organization the National Association of State Procurement Officials (NASPO), the sole member of WSCA-NASPO. The WSCA-NASPO Cooperative Purchasing Organization facilitates administration of the cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states and the District of Columbia. The WSCA NASPO Cooperative Development Team is identified in the Master Agreement as the recipient of reports and may be perfonning contract administration functions as assigned by the Lead State. 3.Term of the Master Agreement The initial tenn of this Master Agreement is for five (5) years; effective upon execution through December 31, 2019. Placements made using the authority provided by this Contract will survive the Contract itself, per tenns stated in Section 3.3.10 Survivability of the RFP #3091. 4.Amendments The tenns of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of the Lead State. 5.Assignment/Subcontracts a.Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in pati, without the prior written approval of the Lead State. b.The Lead State reserves the right to assign any rights or duties, including written assignment of contract administration duties to the WSCA-NASPO Cooperative Purchasing Organization LLC. 6.Price and Rate Guarantee Period All prices and rates must be guaranteed for the initial tenn of the Master Agreement. Following the initial Master Agreement period, any request for price or rate adjustment must be for an equal guarantee period, and must be made at least ninety (90) days prior to the effective date. Requests for price or rate adjustment must include sufficient documentation supporting the request. Any WSCA-NASPO Master Agreement Ts and Cs Page 3 of 20 263 adjustment or amendment to the Master Agreement shall not be effective unless approved by the Lead State. No retroactive adjustments to prices or rates will be allowed. 7.Cancellation Unless otherwise stated, this Master Agreement may be canceled by either party upon 60 days written notice prior to the effective date of the cancellation. Fm1her, any Participating Entity may cancel its participation upon 30 days written notice, unless otherwise limited or stated in the Participating Addendum. Cancellation may be in whole or in part. Any cancellation under this provision shall not affect the rights and obligations attending orders outstanding at the time of cancellation, including any right of and Purchasing Entity to indemnification by the Contractor, rights of payment for Products delivered and accepted, and rights attending any waITanty or default in performance in association with any Order. Cancellation of the Master Agreement due to Contractor default may be immediate. 8.Confidentiality, Non-Disclosure, and Injunctive Relief a.Confidentiality. Contractor acknowledges that it and its employees or agents may, in the course of providing a Product under this Master Agreement, be exposed to or acquire infonnation that is confidential to Purchasing Entity's or Purchasing Entity's clients. Any and all infonnation of any form that is marked as confidential or would by its nature be deemed confidential obtained by Contractor or its employees or agents in the perfonnance of this Master Agreement, including, but not necessarily limited to (1) any Purchasing Entity's records, (2) personnel records, and (3) infonnation concernin g individuals, is confidential information of Purchasing Entity ("Confidential Infonnation"). Any reports or other documents or items (including software) that result from the use of the Confidential Information by Contractor shall be treated in the same manner as the Confidential Infonnation. Confidential Infonnation does not include information that (1) is or becomes (other than by disclosure by Contractor) publicly known; (2) is furnished by Purchasing Entity to others without restrictions similar to those imposed by this Master Agreement; (3) is rightfully in Contractor's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (4) is obtained from a source other than Purchasing Entity without the obligation of confidentiality, (5) is disclosed with the written consent of Purchasing Entity or; (6) is independently developed by employees, agents or subcontractors of Contractor who can be shown to have had no access to the Confidential Infonnation. b.Non-Disclosure. Contractor shall hold Confidential Infonnation in confidence, using at least the industry standard of confidentiality, and shall not copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than what is necessary to the perfonnance of Orders placed under this Master Agreement. Contractor shall advise each of its employees and agents of their obligations to keep Confidential Infonnation confidential. Contractor shall use commercially reasonable efforts to assist Purchasing Entity in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, Contractor shall advise Purchasing Entity, applicable WSCA-NASPO Master Agreement Ts and Cs Page 4 of 20 264 Participating Entity, and the Lead State immediately if Contractor learns or has reason to believe that any person who has had access to Confidential Infonnation has violated or intends to violate the tenns of this Master Agreement, and Contractor shall at its expense cooperate with Purchasing Entity in seeking injunctive or other equitable relief in the name of Purchasing Entity or Contractor against any such person. Except as directed by Purchasing Entity, Contractor will not at any time during or after the tenn of this Master Agreement disclose, directly or indirectly, any Confidential Infonnation to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement or at Purchasing Entity's request, Conh·actor shall turn over to Purchasing Entity all documents, papers, and other matter in Contractor's possession that embody Confidential Infonnation. Notwithstanding the foregoing, Contractor may keep one copy of such Confidential Information necessmy for quality assurance, audits and evidence of the perfonnance of this Master Agreement. c.Injunctive Relief. Contractor acknowledges that breach of this section, including disclosure of any Confidential Infonnation, will cause irreparable injury to Purchasing Entity that is inadequately compensable in damages. Accordingly, Purchasing Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Contractor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Purchasing Entity and are reasonable in scope and content. d.Purchasing Entity Law. These provisions shall be applicable only to extent they are not in conflict with the applicable public disclosure laws of any Purchasing Entity. 9.Right to Publish Throughout the duration of this Master Agreement, Contractor must secure from the Lead State prior approval for the release of any infonnation that pertains to the potential work or activities covered by the Master Agreement. The Contractor shall not make any representations of WSCA NASPO's opinion or position as to the quality or effectiveness of the services that are the subject of this Master Agreement without prior written consent. Failure to adhere to this requ irement may result in tennination of the Master Agreement for cause. 10.Defaults and Remedies a.The occurrence of any of the following events shall be an event of default under this Master Agreement: (1)Nonperfonnance of contractual requirements; or (2)A material breach of any term or condition of this Master Agreement; or (3)Any certification, representation or watTanty by Contractor in response to the solicitation or in this Master Agreement that proves to be untrue or materially misleading; or (4)Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar WSCA-NASPO Master Agreement Ts and Cs Page 5 of 20 265 officer for Contractor or any of its property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or occurrence thereof; or ( 5)Any default specified in another section of this Master Agreement. b.Upon the occurrence of an event of default, Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of 15 calendar days in which Contractor shall have an opportunity to cure the default. The Lead State shall not be required to provide advance written notice or a cure period and may immediately tenninate this Master Agreement in whole or in part if the Lead State, in its sole discretion, detennines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall not diminish or eliminate Contractor's liability for damages, including liquidated damages to the extent provided for under this Master Agreement. c.If Contractor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contractor shall be in breach of its obligations under this Master Agreement and Lead State shall have the right to exercise any or all of the following remedies: (1)Exercise any remedy provided by law; and (2)Tenninate this Master Agreement and any related Contracts or portions thereof; and (3)Impose liquidated damages as provided in this Master Agreement; and (4)Suspend Contractor from being able to respond to future bid solicitations; and (5)Suspend Contractor's perfonnance; and (6)Withhold payment until the default is remedied. d.Unless other specified in the Participating Addendum, in the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Tenns and Conditions shall be construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code. 11.Shipping and Delivery a.The prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination, freight pre-paid, with all transportation and handling charges paid by the Contractor. Responsibility and liability for loss or damage shall remain the Contractor's until final inspection and acceptance when responsibility shall pass to the Buyer except as to latent defects, fraud and Contractor's warranty obligations. The minimum shipment amount, if any, will be found in the special tenns and conditions. Any order for less than the specified amount is to be shipped with the freight prepaid and added as a separate WSCA-NASPO Master Agreement Ts and Cs Page 6 of 20 266 item on the invoice. Any portion of an order to be shipped without transportation charges that is back ordered shall be shipped without charge. b.All deliveries will be "Inside Deliveries" as design ated by a representative of the Purchasing Entity placing the Order. Inside Delivery refers to a delivery to other than a loading dock, front lobby, or reception area. Specific delivery instructions will be noted on the order fonn or Purchase Order. Any damage to the building interior, scratched walls, damage to the freight elevator, etc., will be the responsibility of the Offeror. If damage does occur, it is the responsibility of the Offeror to immediately notify the Purchasing Entity placing the Order. c.All products must be delivered in the manufacturer's standard package. Costs shall include all packing and/or crating charges. Cases shall be of durable construction, good condition, properly labeled and suitable in every respect for storage and handling of contents. Each shipping carton shall be marked with the commodity, brand, quantity, item code number and the Orde1ing Entity's Purchase Order number. 12.Changes in Contractor Representation The Contractor must notify the Lead State of changes in the Contractor's key administrative personnel, in writing within 10 calendar days of the change. The Lead State reserves the right to approve changes in key personnel, as identified in the Contractor's proposal. The Contractor agrees to propose replacement key personnel having substantially equal or better education, training, and experience as was possessed by the key person proposed and evaluated in the Contractor's proposal. 13.Force Majeure Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. The Lead State may tenninate this Master Agreement after detennining such delay or default will reasonably prevent successful perfonnance of the Master Agreement. 14.Indemnification a.The Contractor shall defend, indemnify and hold hannless WSCA-NASPO, the Lead State, Participating Entities, and Purchasing Entities, along with their officers, agents, and employees as well as any person or entity for which they may be liable, from and against claims, damages or causes of action including reasonable attorneys' fees and related costs for any death, injury, or damage to property arising from act(s), enor(s), or omission(s) of the Contractor, its employees or subcontractors or volunteers, at any tier, relating to the perfonnance under the Master Agreement. b.Indemnification -Intellectual Property. The Contractor shall defend, indemnify and hold hannless WSCA-NASPO, the Lead State, Participating Entities, Purchasing Entities, along with their officers, agents, and employees as well as any person or entity for which they may be liable ("Indemnified Party"), from and against claims, damages or causes of action including reasonable attorneys' fees and related costs arising out of the claim that the Product or its use, infiinges Intellectual Property rights ("Intellectual Property Claim"). WSCA-NASPO Master Agreement Ts and Cs Page 7 of 20 267 (1) The Contractor's obligations under this section shall not extend to any combination of the Product with any other product, system or method, unless the Product, system or method is: (a)Provided by the Contractor or the Contractor's subsidiaiies or affiliates; (b)Specified by the Contractor to work with the Product; or (c)Reasonably required, in order to use the Product in its intended manner, and the infringement could not have been avoided by substituting another reasonably available product, system or method capable of perfonning the same function; or ( d)It would be reasonably expected to use the Product in combination with such product, system or method. (2)The Indemnified Party shall notify the Contractor within a reasonable time after receiving notice of an Intellectual Property Claim. Even if the Indemnified Party fails to provide reasonable notice, the Contractor shall not be relieved from its obligations unless the Contractor can demonstrate that it was prejudiced in defending the Intellectual Property Claim resulting in increased expenses or loss to the Contractor. If the Contractor promptly and reasonably investigates and defends any Intellectual Property Claim, it shall have control over the defense and settlement of it. However, the Indemnified Party must consent in writing for any money damages or obligations for which it may be responsible. The Indemnified Party shall furnish, at the Contractor's reasonable request and expense, infonnation and assistance necessary for such defense. If the Contractor fails to vigorously pursue the defense or settlement of the Intellectual Property Claim, the Indemnified Party may assume the defense or settlement of it and the Contractor shall be liable for all costs and expenses, including reasonable attorneys' fees and related costs, incurred by the Indemnified Party in the pursuit of the Intellectual Property Claim. Unless otherwise agreed in writing, this section is not subject to any limitations of liability in this Master Agreement or in any other document executed in conjunction with this Master Agreement. 15.Independent Contractor The Contractor shall be an independent contractor. Contractor shall have no authorization, express or implied, to bind the Lead State, Participating States, other Participating Entities, or Purchasing Entities to any agreements, settlements, liability or understanding whatsoever, and agrees not to hold itself out as agent except as expressly set forth herein or as expressly agreed in any Participating Addendum. 16.Individual Customers Except to the extent modified by a Participating Addendum, each Purchasing Entity shall follow the tenns and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or right to recover any costs as such right is defined in the Master Agreement and applicable Participating Addendum for their WSCA-NASPO Master Agreement Ts and Cs Page 8 of 20 268 purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. The Contractor will apply the charges and invoice each Purchasing Entity individually. 17.Insurance a.Unless otherwise agreed in a Participating Addendum, Contractor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contractor shall acquire such insurance from an insurance ca1Tier or ca1Tiers licensed to conduct business in each Participating Entity's state and having a rating of A-, Class VII or better, in the most recently published edition of Best's Reports. Failure to buy and maintain the required insurance may result in this Master Agreement's tennination or, at a Participating Entity's option; result in tennination of its Participating Addendum. b.Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below, with no deductible for each of the following categories: ( 1)Commercial General Liability covering premises operations, independent contractors, products and completed operations, blanket contractual liability, personal injury (including death), advertising liability, and property damage, with a limit of not less than $1 million per occurrence/$2 million general aggregate; (2)Contractor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. c.Contractor shall pay premiums on all insurance policies. Such policies shall also reference this Master Agreement and shall have a condition that they not be revoked by the insurer until thirty (30) calendar days after notice of intended revocation thereof shall have been given to Purchasing Entity and Participating Entity by the Contractor. d.Prior to commencement of perfonnance, Contractor shall provide to the Lead State a written endorsement to the Contractor's general liability insurance policy or other documentary evidence acceptable to the Lead State that (1) names the Participating States identified in the Request for Proposal as additional insured's, (2) provides that no material alteration, cancellation, non-renewal, or expiration of the coverage contained in such policy shall have effect unless the named Participating State has been given at least thirty (30) days prior written notice, and (3) provides that the Contractor's liability insurance policy shall be primary, with any liability insurance of any Participating State as secondary and noncontributory. Unless otherwise agreed in any Participating Addendum, the Participating Entity's rights and Contractor's obligations are the same as those specified in the first sentence of this subsection. Before perfonnance of any Purchase Order issued after execution of a Participating Addendum authorizing it, the Contractor shall provide to a Purchasing Entity or Participating Entity who requests it the same infonnation described in this subsection. e.Contractor shall furnish to the Lead State, Participating Entity, and, on request, the Purchasing Entity copies of certificates of all required insurance within thirty (30) calendar days of the execution of this Master Agreement, the execution of a Participating WSCA-NASPO Master Agreement Ts and Cs Page 9 of 20 269 Addendum, or the Purchase Order's effective date and prior to perfonning any work. The insurance certificate shall provide the following infonnation: the name and address of the insured; name, address, telephone number and signature of the authorized agent; name of the insurance company (authorized to operate in all states); a description of coverage in detailed standard tenninology (including policy period, policy number, limits of liability, exclusions and endorsements); and an acknowledgment of the requirement for notice of cancellation. Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days after any renewal date. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this section. Failure to provide evidence of coverage may, at sole option of the Lead State, or any Participating Entity, result in this Master Agreement's tennination or the tennination of any Participating Addendum. f.Coverage and limits shall not limit Contractor's liability and obligations under this Master Agreement, any Participating Addendum, or any Purchase Order. 18.Laws and Regulations Any and all Products offered and furnished shall comply fully with all applicable Federal and State laws and regulations. 19.License of Pre-Existing Intellectual Property Contractor grants to the Purchasing Entity a nonexclusive, perpetual, royalty-free, in-evocable, unlimited license to publish, translate, reproduce, modify, deliver, perfonn, display, and dispose of the Intellectual Property, and its derivatives, used or delivered under this Master Agreement, but not created under it ("Pre-existing Intellectual Property"). The license shall be subject to any third patty rights in the Pre-existing Intellectual Property. Conh·actor shall obtain, at its own expense, on behalf of the Purchasing Entity, written consent of the owner for the licensed Pre existing Intellectual Property. 20.No Waiver of Sovereign Immunity In no event shall this Master Agreement, any Participating Addendum or any contract or any Purchase Order issued thereunder, or any act of a Lead State, a Participating Entity, or a Purchasing Entity be a waiver of any fonn of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. This section applies to a claim brought against the Participating State only to the extent Congress has appropriately abrogated the Participating State's sovereign immunity and is not consent by the Participating State to be sued in federal court. This section is also not a waiver by the Participating State of any fonn of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States. 21.Ordering a.Master Agreement number and purchase order numbers shall be clearly shown on all acknowledgments, shipping labels, packing slips, invoices, and on all con-espondence. WSCA-NASPO Master Agreement Ts and Cs Page 10 of 20 270 b.The resulting Master Agreements pennit Purchasing Entities to define project-specific requirements and inf01mally compete the requirement among companies having a Master Agreement on an "as needed" basis. This procedure may also be used when requirements are aggregated or other finn commitments may be made to achieve reductions in pricing. This procedure may be modified in Participating Addenda and adapted to Purchasing Entity rules and policies. The Purchasing Entity may in its sole discretion detennine which Master Agreement Contractors should be solicited for a quote. The Purchasing Agency may select the quote that it considers most advantageous, cost and other factors considered. c.Each Purchasing Entity will identify and utilize its own appropriate purchasing procedure and documentation. Contractor is expected to become familiar with the Purchasing Entities' rules, policies, and procedures regarding the ordering of supplies and/or services contemplated by this Master Agreement. d.Contractor shall not begin work without a valid Purchase Order or other appropriate commitment document compliance with the law of the Purchasing Entity. e.Orders may be placed consistent with the tenns of this Master Agreement during the tenn of the Master Agreement. f.All Orders pursuant to this Master Agreement, at a minimum, shall include: (1)The services or supplies being delivered; (2)The place and requested time of delivery; (3)A billing address; (4)The name, phone number, and address of the Purchasing Entity representative; (5)The price per hour or other pricing elements consistent with this Master Agreement and the contractor's proposal; ( 6)A ceiling amount of the order for services being ordered; and (7)The Master Agreement identifier. g.All communications concerning administration of Orders placed shall be furnished solely to the authorized purchasing agent within the Purchasing Entity's purchasing office, or to such other individual identified in writing in the Order. h.Orders must be placed pursuant to this Master Agreement prior to the tennination date thereof, but may have a delivery date or perfonnance period up to 120 days past the then cmTent tennination date of this Master Agreement. Contractor is reminded that financial obligations of Purchasing Entities payable after the cmTent applicable fiscal year are contingent upon agency funds for that purpose being appropriated, budgeted, and otherwise made available. WSCA-NASPO Master Agreement Ts and Cs Page 11 of 20 271 1. Notwithstanding the expiration or tennination of this Master Agreement, Contractor agrees to perfonn in accordance with the tenns of any Orders then outstanding at the time of such expiration or termination. Contractor shall not honor any Orders placed after the expiration or tennination of this Master Agreement, or otherwise inconsistent with its tenns. Orders from any separate indefinite quantity, task orders, or other fonn of indefinite delivery order airnngement priced against this Master Agreement may not be placed after the expiration or tennination of this Master Agreement, notwithstanding the tenn of any such indefinite delivery order agreement. Placements made using the authority provided by this Contract will survive the Contract itself, per tenns stated in Section 3 .3 .10 Survivability of the RFP #3091. 22.Participants a.Contractor may not deliver Products under this Master Agreement until a Participating Addendum acceptable to the Participating Entity and Contractor is executed. The WSCA-NASPO Master Agreement Tenns and Conditions are applicable to any Order by a Participating Entity (and other Purchasing Entities covered by their Participating Addendum), except to the extent altered, modified, supplemented or amended by a Participating Addendum. By way of illustration and not limitation, this authority may apply to unique delivery and invoicing requirements, confidentiality requirements, defaults on Orders, governing law and venue relating to Orders by a Participating Entity, indemnification, and insurance requirements. Statutory or constitutional requirements relating to availability of funds may require specific language in some Participating Addenda in order to comply with applicable law. The expectation is that these alterations, modifications, supplements, or amendments will be addressed in the Participating Addendum or, with the consent of the Purchasing Entity and Contractor, may be included in the ordering document ( e.g. purchase order or contract) used by the Purchasing Entity to place the Order. b.Use of specific WSCA-NASPO cooperative Master Agreements by state agencies, political subdivisions and other Participating Entities (including cooperatives) authorized by individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official. c.Obligations under this Master Agreement are limited to those Participating Entities who have signed a Participating Addendum and Purchasing Entities within the scope of those Participating Addenda. Financial obligations of Participating States are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial obligations on behalf of political subdivisions. d.WSCA-NASPO Cooperative Purchasing Organization LLC is not a party to the Master Agreement. It is a nonprofit cooperative purchasing organization assisting states in administering the WSCA/NASPO cooperative purchasing program for state government departments, institutions, agencies and political subdivisions ( e.g., colleges, school WSCA-NASPO Master Agreement Ts and Cs Page 12 of 20 272 districts, counties, cities, etc.) for all 50 states, the Dishict of Columbia and the ten-itories of the United States. e.State Participating Addenda or other Participating Addenda shall not be construed to amend the terms of this Master Agreement between the Lead State and Contractor. f.Participating Entities who are not states may under some circumstances sign their own Participating Addendum, subject to the approval of participation by the Chief Procurement Official of the state where the Participating Entity is located. 23.Payment Payment for completion of a contract order is nonnally made within 30 days following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After 45 days the Contractor may assess overdue account charges up to a maximum rate of one percent per month on the outstanding balance. Payments will be remitted by mail. Payments may be made via a State or political subdivision "Purchasing Card" with no additional charge. 24.Public Information This Master Agreement and all related documents are subject to disclosure pursuant to the Purchasing Entity's public infonnation laws. 25.Records Administration and Audit a.The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and orders placed by Purchasing Entities under it to the extent and in such detail as shall adequately reflect perfo1mance and administration of payments and fees. Contractor shall pennit the Lead State, a Participating Entity, a Purchasing Entity, the federal government (including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of five (5) years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Agreement, whichever is later, to assure compliance with the tenns hereof or to evaluate perfonnance hereunder. b.Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State, Participating Entity, or Purchasing Entity for any overpayments inconsistent with the tenns of the Master Agreement or orders or underpayment of fees found as a result of the examination of the Contractor's records. c.The rights and obligations herein right exist in addition to any quality assurance obligation in the Master Agreement requiring the Contractor to self-audit contract obligations and that pennits the Lead State to review compliance with those obligations. WSCA-NASPO Master Agreement Ts and Cs Page 13 of 20 273 26.Administrative Fees a.The Contractor shall pay to the WSCA-NASPO Cooperative Purchasing Organization, or its assignee, a WSCA-NASPO Administrative Fee of one-quarter of one percent (0.25% or 0.0025) no later than 60 days following the end of each calendar quarter. The WSCA NASPO Administrative Fee shall be submitted quarterly and is based on all sales of products and services under the Master Agreement (less any charges for taxes or shipping). The WSCA-NASPO Administrative Fee is not negotiable. This fee is to be included as pa1t of the pricing submitted with proposal. b.Additionally, some states may require an additional fee be paid directly to the state only on purchases made by Purchasing Entities within that state. For all such requests, the fee level, payment method and schedule for such reports and payments will be incorporated into the Participating Addendum that is made a part of the Master Agreement. The Contractor may adjust the Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the state. All such agreements shall not affect the WSCA-NASPO Administrative Fee or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee. 27.WSCA-NASPO Summary and Detailed Usage Reports In addition to other reports that may be required by this solicitation, the Contractor shall provide the following WSCA-NASPO reports. a.Summary Sales Data. The Contractor shall submit quarterly sales reports directly to WSCA-NASPO using the WSCA-NASPO Quarterly Sales/ Administrative Fee Reporting Tool found at http://www.naspo.org/WNCPO/Calculator.aspx. Any/all sales made under the contract shall be reported as cumulative totals by state. Even if Contractor experiences zero sales dming a calendar quarter, a report is still required. Reports shall be due no later than 30 day following the end of the calendar quarter (as specified in the reporting tool). b.Detailed Sales Data. Contractor shall also report detailed sales data by: (1) state; (2) entity/customer type, e.g. local government, higher education, K12, non-profit; (3) Purchasing Entity name; (4) Purchasing Entity bill-to and ship-to locations; (4) Purchasing Entity and Contractor Purchase Order identifier/number(s); (5) Purchase Order Type (e.g. sales order, credit, return, upgrade, detennined by industry practices); (6)Purchase Order date; (7) Ship Date; (8) and line item description, including product number if used. The report shall be submitted in any fonn required by the solicitation. Reports are due on a quarterly basis and must be received by the Lead State and WSCA NASPO Cooperative Development Team no later than thirty (30) days after the end of the reporting period. Reports shall be delivered to the Lead State and to the WSCA NASPO Cooperative Development Team electronically through a designated p01tal, email, CD-Rom, flash drive or other method as detennined by the Lead State. Detailed sales data reports shall include sales infonnation for all sales under Participating Addenda executed under this Master Agreement. The fonnat for the detailed sales data report is in shown in Attachment P. WSCA-NASPO Master Agreement Ts and Cs Page 14 of 20 274 c.Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the solicitation and the Participating Addendum. Report data for employees should be limited to ONLY the state and entity they are participating under the authority of (state and agency, city, county, school district, etc.) and the amount of sales. No personal identification numbers, e.g. names, addresses, social security numbers or any other numerical identifier, may be submitted with any report. d.Timely submission of these reports is a material requirement of the Master Agreement. The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO shall have a perpetual, iITevocable, non exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and infonnation provided under this section. 28.Standard of Performance and Acceptance. Any standard of perfonnance under this Master Agreement applies to all Products purchased under this Master Agreement, including any additional, replacement, or substitute Product(s) and any Product(s) which are modified by or with the written approval of Contractor after Acceptance by the Purchasing Entity. The Acceptance Testing period shall be thirty (30) calendar days or other time period identified in the solicitation or the Patiicipating Addendum, statiing from the day after the Product is delivered or, if installed, the day after the Product is installed and Contractor certifies that the Product is ready for Acceptance Testing. If the Product does not meet the standard of perfonnance during the initial period of Acceptance Testing, Purchasing Entity may, at its discretion, continue Acceptance Testing on a day-to-day basis until the standard of perfonnance is met. Upon rejection, the Contractor will have fifteen (15) calendar days to cure the standard of perfonnance issue(s). If after the cure period, the Product still has not met the standard of performance, the Purchasing Entity may, at its option: (a) declare Contractor to be in breach and tenninate the Order; (b) demand replacement Product from Contractor at no additional cost to Purchasing Entity; or, (c) continue the cure period for an additional time period agreed upon by the Purchasing Entity and the Contractor. Contractor shall pay all costs related to the preparation and shipping of Product returned pursuant to the section. No Product shall be accepted and no charges shall be paid until the standard of perfonnance is met. The waITanty period will begin upon Acceptance. 29.Warranty The Contractor warrants for a period of a minimum of 90 days from the date of Acceptance that: (a)the Product perfonns according to all specific claims that the Contractor made in its response to the solicitation, (b) the Product is suitable for the ordinary purposes for which such Product is used, (c) the Product is suitable for any special purposes identified in the solicitation or for which the Purchasing Entity has relied on the Contractor's skill or judgment, (d) the Product is designed and manufactured in a commercially reasonable manner, and (e) the Product is free of defects. Upon breach of the waITanty, the Contractor will repair or replace (at no charge to the Purchasing Entity) the Product whose nonconfonnance is discovered and made known to the Contractor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contractor will refund the full amount of any payments that have been made. The rights and WSCA-NASPO Master Agreement Ts and Cs Page 15 of 20 275 remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys' fees and costs. 30.System Failure or Damage In the event of system failure or damage caused by the Contractor or its Product, the Contractor agrees to use its best efforts to restore or assist in restoring the system to operational capacity. 31.Title of Product Upon Acceptance by the Purchasing Entity, Contractor shall convey to Purchasing Entity title to the Product free and clear of all liens, encumbrances, or other security interests. Transfer of title to the Product shall include an irrevocable and perpetual license to use any Embedded Software in the Product. If Purchasing Entity subsequently transfers title of the Product to another entity, Purchasing Entity shall have the right to transfer the license to use the Embedded Software with the transfer of Product title. A subsequent transfer of this software license shall be at no additional cost or charge to either Purchasing Entity or Purchasing Entity's transferee. 32.Waiver of Breach Failure of the Lead State, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State, Participating Entity, or Purchasing Entity must be in writing. Waiver by the Lead State or Participating Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or by Purchasing Entity with respect to any Purchase Order, or breach of any tenns or requirements of this Master Agreement, a Participating Addendum, or Purchase Order shall not be construed or operate as a waiver of any subsequent default or breach of such tenn or requirement, or of any other term or requirement under this Master Agreement, Participating Addendum, or Purchase Order. 33.Assign ment of Antitrust Rights Contractor irrevocably assigns to a Participating Entity any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided to the Contractor for the purpose of carrying out the Contractor's obligations under this Master Agreement or Participating Addendum, including, at a Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action. 34.Debarment The Contractor certifies that neither it nor its principals are presently debaiTed, suspended, proposed for debarment, declared ineligible, or voluntaiily excluded from participation in this transaction ( contract) by any governmental department or agency. This certification represents a recurring certification made at the time any Order is placed under this Master Agreement. If the Contractor cannot certify this statement, attach a written explanation for review by the Lead State. WSCA-NASPO Master Agreement Ts and Cs Page 16 of 20 276 35.Governing Law and Venue a.The procurement, evaluation, and award of the Master Agreement shall be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement. The construction and effect of the Master Agreement after award shall be governed by the law of the state serving as Lead State (in most cases also the Lead State). The construction and effect of any Participating Addendum or Order against the Master Agreement shall be governed by and construed in accordance with the laws of the Participating Entity's or Purchasing Entity's State. b.Unless otherwise specified in the RFP, the venue for any protest, claim, dispute or action relating to the procurement, evaluation, and award is in the Lead State. Venue for any claim, dispute or action concerning the tenns of the Master Agreement shall be in the state serving as Lead State. Venue for any claim, dispute, or action concerning any Order placed against the Master Agreement or the effect of a Participating Addendum shall be in the Purchasing Entity's State. c.If a claim is brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for (in decreasing order of priority): the Lead State for claims relating to the procurement, evaluation, award, or contract performance or administration if the Lead State is a party; the Participating State if a named party; the Participating Entity state if a named party; or the Purchasing Entity state if a named party. 36.WSCA-NASPO eMarket Center a.In July 2011, WSCA-NASPO entered into a multi-year agreement with Sci Quest, Inc. whereby SciQuest will provide certain electronic catalog hosting and management services to enable eligible WSCA-NASPO entity's customers to access a central online website to view and/or shop the goods and services available from existing WSCA NASPO Cooperative Contracts. The central online website is referred to as the WSCA NASPO eMarket Center Contractor shall either upload a hosted catalog into the eMarket Center or integrate a punchout site with the eMarket Center. b.Supplier's Interface with the eMarket Center. There is no cost charged by SciQuest to the Contractor for loading a hosted catalog or integrating a punchout site. c.At a minimum, the Contractor agrees to the following: (1)Implementation Timeline: WSCA-NASPO eMarket Center Site Admin shall provide a written request to the Contractor to begin enablement process. The Contractor shall have fifteen (15) days from receipt of w1itten request to work with WSCA-NASPO and SciQuest to set up an enablement schedule, at which time SciQuest's technical documentation shall be provided to the Contractor. The schedule will include future calls and milestone dates related to test and go live dates. The contractor shall have a total of Ninety (90) days to deliver either a (1) hosted catalog or (2) punch-out catalog, from date of receipt of written request. WSCA-NASPO Master Agreement Ts and Cs Page 17 of 20 277 (2)WSCA-NASPO and Sci Quest will work with the Contractor, to decide which of the catalog structures (either hosted or punch-out as further described below) shall be provided by the Contractor. Whether hosted or punch-out, the catalog must be strictly limited to the Contractor's awarded contract offering (e.g. products and/or services not authorized through the resulting cooperative contract should not be viewable by WSCA-NASPO Participating Entity users). (a)Hosted Catalog. By providing a hosted catalog, the Contractor is providing a list of its awarded products/services and pricing in an electronic data file in a format acceptable to SciQuest, such as Tab Delimited Text files. In this scenario, the Contractor must submit updated electronic data within five days of approval from the Lead State of product updates to the eMarket Center for the Lead State's approval to maintain the most up-to-date version of its product/service offering under the cooperative contract in the eMarket Center. (b)Punch-Out Catalog. By providing a punch-out catalog, the Contractor is providing its own online catalog, which must be capable of being integrated with the eMarket Center as a. Standard punch-in via Commerce eXtensible Markup Language (cXML). In this scenario, the Contractor shall validate that its online catalog is up-to-date by providing a written update as needed, to the Lead State stating they have audited the offered products/services and pricing listed on its online catalog. The site must also return detailed UNSPSC codes (as outlined in line 3) for each line item. Contractor also agrees to provide e-Quote functionality to facilitate volume discounts. d.Revising Pricing and Product Offerings: Any revisions (whether an increase or decrease) to pricing or product/service offerings (new products, altered SK.Us, etc.) must be pre approved by the Lead State and shall be subject to any other applicable restrictions with respect to the frequency or amount of such revisions. However, no cooperative contract enabled in the eMarket Center may include price changes on a more frequent basis than once per month. The following conditions apply with respect to hosted catalogs: (1)Updated pricing files are required by the 1st of the month and shall go into effect in the eMarket Center on the 1st day of the following month (i.e. file received on 1/01/13 would be effective in the eMarket Center on 2/01/13). Files received after the 1st of the month may be delayed up to a month (i.e. file received on 11/06/09 would be effect in the eMarket Center on 1/01/10). (2)Lead State-approved price changes are not effective until implemented within the eMarket Center. Errors in the Contractor's submitted pricing files will delay the implementation of the price changes in eMarket Center. e.Supplier Network Requirements: Contractor shall join the SciQuest Supplier Network (SQSN) and shall use the SciQuest's Supplier P01tal to import the Contractor's catalog and pricing, into the SciQuest system, and view reports on catalog spend and product/pricing freshness. The Contractor can receive orders through electronic delivery (cXML) or through low-tech options such as fax. More infonnation about the SQSN can WSCA-NASPO Master Agreement Ts and Cs Page 18 of 20 278 be found at: www.sciquest.com or call the Sci Quest Supplier Network Services team at 800-233-1 121. f.Minimum Requirements: Whether the Contractor is providing a hosted catalog or a punch-out catalog, the Contractor agrees to meet the following requirements: (I)Catalog must contain the most current pricing, including all applicable administrative fees and/or discounts, as well as the most up-to-date product/service offering the Contractor is authorized to provide in accordance with the cooperative contract; and (2)The accuracy of the catalog must be maintained by Contractor throughout the duration of the cooperative contract between the Contractor and the Contract Administrator; and (3)The Catalog must include a Lead State contract identification number; and (4)The Catalog must include detailed product line item descriptions; and (5)The Catalog must include pictures when possible; and (6)The Catalog must include any additional WSCA-NASPO and Participating Addendum requirements. Although suppliers in the SQSN nonnally submit one (1) catalog, it is possible to have multiple contracts applicable to different WSCA NASPO Participating Entities. For example, a supplier may have different pricing for state government agencies and Board of Regents institutions. Suppliers have the ability and responsibility to submit separate contract pricing for the same catalog if applicable. The system will deliver the appropriate contract pricing to the user viewing the catalog. g.Order Acceptance Requirements: Contractor must be able to accept Purchase Orders via fax or cXML. The Contractor shall provide positive confinnation via phone or email within 24 hours of the Contractor's receipt of the Purchase Order. If the Purchasing Order is received after 3pm EST on the day before a weekend or holiday, the Contractor must provide positive confirmation via phone or email on the next business day. h.UNSPSC Requirements: Contractor shall support use of the United Nations Standard Product and Services Code (UNSPSC). UNSPSC versions that must be adhered to are driven by SciQuest for the suppliers and are upgraded every year. WSCA-NASPO reserves the right to migrate to future versions of the UNSPSC and the Contractor shall be required to support the migration effort. All line items, goods or services provided under the resulting statewide contract must be associated to a UNSPSC code. All line items must be identified at the most detailed UNSPSC level indicated by segment, family, class and commodity. More infonnation about the UNSPSC is available at: http://www.unspsc.com and http://www.unspsc.com/FAOs.asp#howdoesunspscwork. i.Applicability: Contractor agrees that WSCA-NASPO controls which contracts appear in the eMarket Center and that WSCA-NASPO may elect at any time to remove any supplier's offering from the eMarket Center. WSCA-NASPO Master Agreement Ts and Cs Page 19 of 20 279 J.The Lead State reserves the right to approve the p1icing on the eMarket Center. This catalog review right is solely for the benefit of the Lead State and Participating Entities, and the review and approval shall not waive the requirement that products and services be offered at prices (and approved fees) required by the Master Agreement. k.Several WSCA-NASPO Participating Entities currently maintain separate SciQuest eMarketplaces, these Participating Entities do enable certain WSCA-NASPO Cooperative Contracts. In the event one of these entities elects to use this WSCA NASPO Cooperative Contract (available through the eMarket Center) but publish to their own eMarketplace, the Contractor agrees to work in good faith with the entity and WSCA-NASPO to implement the catalog. WSCA-NASPO does not anticipate that this will require substantial additional efforts by the Contractor; however, the supplier agrees to take commercially reasonable efforts to enable such separate Sci Quest catalogs. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be signed and intend to be legally bound thereby. Independent Contractor Approval: 11/24/2014 Date State of Nevada (Lead State) Approval: �� J G1�'--..J� Date Approved as to form by: Nevada Deputy A tomey General for Attorney General WSCA-NASPO Master Agreement Ts and Cs Senior Vice President Independent's Contractor's Title CPO, NV State Purchasing Administrator (Date) Page 20 of 20 280 Attachment BB Negotiated Items 1.Additional Cost for hard drive removal and smTender must be disclosed to the Customer prior to the negotiation and signing of a lease or rental agreement. 2.Models added to a segment within an awarded Group must match or exceed the minimum discount proposed in the awarded Group. 3.Attachment O is meant to be a model Service Level Agreement. Awarded Vendors are to negotiate their own SLA with each Pat1icipating Entity at time of initiating the Pat1icipating Addendum. IN WITNESS WHEREOF, the parties hereto have caused this Conh·act to be signed and intend to be legally bound thereby. Independent Contractor Approval: 11/24/2014 Senior Vice President Date Independent's Contractor's Title State of Nevada (Lead State) Approval: /�-a,.11/CPO, NV State Purchasing Administrator Date Attachment BB -Negotiated Items Page 1 Sharp Electronics Corporation 281 Model Description and Machine Compatibility Quantity MSRP Price MSRP Extended Discount Price Total Discount MX-B455W 45 PPM B&W - Desktop B/W Document System 1 $4,875.00 $4,875.00 $1,057.50 $1,057.50 MX-CS14 600 sheet paper feeder (Max 3 Cassettes)1 $220.00 $220.00 $85.50 $85.50 MX-FN32 Inner Finisher (30 sheet staple 300 sheet stack)1 $1,435.00 $1,435.00 $382.50 $382.50 MX-FR59U Data Security 1 $575.00 $575.00 $267.30 $267.30 MX-FWX1L Internet Fax 1 $570.00 $570.00 $135.00 $135.00 AR-D5133NT 15 AMP Power Filter 1 $150.00 $150.00 $101.70 $101.70 Total (Quinlan 3)$7,825.00 $2,029.50 74% Model Description and Machine Compatibility Quantity MSRP Price MSRP Extended Discount Price Total Discount MX-4070V 40 PPM B&W / 40 PPM Full-Color Workgroup Document System 1 $18,425.00 $18,425.00 $3,082.00 $3,082.00 MX-DE28N 550+2100 Sheet Tandem Paper Drawer 1 $2,000.00 $2,000.00 $540.00 $540.00 MX-FN27N Inner Finisher 50 Sheet Stapler 500 Sheet Capacity 1 $2,000.00 $2,000.00 $427.00 $427.00 MX-PN14B 3 Hole Punch Module for FN27N 1 $735.00 $735.00 $180.00 $180.00 AR-D5133NT 15 AMP Power Filter (3050/3550/4050/3070/3570/4070 and 2630N)1 $150.00 $150.00 $91.80 $91.80 Total (Blackberry Farm)$23,310.00 $4,320.80 81% Model Description and Machine Compatibility Quantity MSRP Price MSRP Extended Discount Price Total Discount MX-5070V 50 PPM B&W / 50 PPM Full-Color Workgroup Document System 1 $20,625.00 $20,625.00 $3,352.50 $3,352.50 MX-DE28N 550+2100 Sheet Tandem Paper Drawer 1 $2,000.00 $2,000.00 $540.00 $540.00 MX-FN27N Inner Finisher 50 Sheet Stapler 500 Sheet Capacity 1 $2,000.00 $2,000.00 $427.00 $427.00 AR-D5143NT 20 AMP Power Filter (5050/6050/5070/6070)1 $175.00 $175.00 $101.70 $101.70 Total (McClellan Ranch)$24,800.00 $4,421.20 82% Model Description and Machine Compatibility Quantity MSRP Price MSRP Extended Discount Price Total Discount MX-5070V 50 PPM B&W / 50 PPM Full-Color Workgroup Document System 1 $20,625.00 $20,625.00 $3,352.50 $3,352.50 MX-DE28N 550+2100 Sheet Tandem Paper Drawer 1 $2,000.00 $2,000.00 $540.00 $540.00 MX-FN27N Inner Finisher 50 Sheet Stapler 500 Sheet Capacity 1 $2,000.00 $2,000.00 $427.00 $427.00 MX-FR52U Data Security Kit (Commercial Version) (3070/3570/4070/5070/6070)1 $575.00 $575.00 $267.30 $267.30 AR-D5143NT 20 AMP Power Filter (5050/6050/5070/6070)1 $175.00 $175.00 $101.70 $101.70 Total (Senior Center - 1 smaller)$25,375.00 $4,688.50 82% Sharp NASPO Pricing Pricing Reflects NASPO Contract #7-15-70-26 for Multifunction Copier Systems 282 Sharp NASPO Pricing Pricing Reflects NASPO Contract #7-15-70-26 for Multifunction Copier Systems Model Description and Machine Compatibility Quantity MSRP Price MSRP Extended Discount Price Total Discount MX-5070V 50 PPM B&W / 50 PPM Full-Color Workgroup Document System 2 $20,625.00 $41,250.00 $3,352.50 $6,705.00 MX-DE28N 550+2100 Sheet Tandem Paper Drawer 2 $2,000.00 $4,000.00 $540.00 $1,080.00 MX-FN27N Inner Finisher 50 Sheet Stapler 500 Sheet Capacity 2 $2,000.00 $4,000.00 $427.00 $854.00 MX-FR52U Data Security Kit (Commercial Version) (3070/3570/4070/5070/6070)2 $575.00 $1,150.00 $267.30 $534.60 MX-FX15 Facsimile Expansion Kit 2 $1,360.00 $2,720.00 $225.00 $450.00 MX-PN14B ***3 Hole Punch Module for FN27N 2 $735.00 $1,470.00 $180.00 $360.00 MX-TR19N Exit Tray Unit (right side)2 $160.00 $320.00 $67.50 $135.00 AR-D5143NT 20 AMP Power Filter (5050/6050/5070/6070)2 $175.00 $350.00 $101.70 $203.40 Total (Service Center and Quinlan 2)$55,260.00 $10,322.00 81% Model Description and Machine Compatibility Quantity MSRP Price MSRP Extended Discount Price Total Discount MX-5070V 50 PPM B&W / 50 PPM Full-Color Workgroup Document System 1 $20,625.00 $20,625.00 $3,352.50 $3,352.50 MX-DE28N 550+2100 Sheet Tandem Paper Drawer 1 $2,000.00 $2,000.00 $540.00 $540.00 MX-FN27N Inner Finisher 50 Sheet Stapler 500 Sheet Capacity 1 $2,000.00 $2,000.00 $427.00 $427.00 MX-FX15 Facsimile Expansion Kit 1 $1,360.00 $1,360.00 $225.00 $225.00 MX-PN14B 3 Hole Punch Module for FN27N 1 $735.00 $735.00 $180.00 $180.00 MX-TR19N Exit Tray Unit (right side)1 $160.00 $160.00 $67.50 $67.50 AR-D5143NT 20 AMP Power Filter (5050/6050/5070/6070)1 $175.00 $175.00 $101.70 $101.70 Total (Sports Center)$27,055.00 $4,893.70 82% Model Description and Machine Compatibility Quantity MSRP Price MSRP Extended Discount Price Total Discount MX-6070V 60 PPM B&W / 60 PPM Full-Color Workgroup Document System 1 $22,825.00 $22,825.00 $3,982.50 $3,982.50 MX-DE28N 550+2100 Sheet Tandem Paper Drawer 1 $2,000.00 $2,000.00 $540.00 $540.00 MX-FN27N Inner Finisher 50 Sheet Stapler 500 Sheet Capacity 1 $2,000.00 $2,000.00 $427.00 $427.00 MX-FR52U Data Security Kit (Commercial Version) (3070/3570/4070/5070/6070)1 $575.00 $575.00 $267.30 $267.30 MX-PN14B 3 Hole Punch Module for FN27N 1 $735.00 $735.00 $180.00 $180.00 AR-D5143NT 20 AMP Power Filter (5050/6050/5070/6070)1 $175.00 $175.00 $101.70 $101.70 Total (Planning 2)$28,310.00 $5,498.50 81% 283 Sharp NASPO Pricing Pricing Reflects NASPO Contract #7-15-70-26 for Multifunction Copier Systems Model Description and Machine Compatibility Quantity MSRP Price MSRP Extended Discount Price Total Discount MX-6070V 60 PPM B&W / 60 PPM Full-Color Workgroup Document System 1 $22,825.00 $22,825.00 $3,982.50 $3,982.50 MX-DE27N 3 x 550 Sheet Paper Feed Desk Unit 1 $1,570.00 $1,570.00 $405.00 $405.00 MX-FN30 3K Stacking Finisher (requires RB25N)1 $3,050.00 $3,050.00 $427.00 $427.00 MX-FR52U Data Security Kit (Commercial Version) (3070/3570/4070/5070/6070)1 $575.00 $575.00 $267.30 $267.30 MX-LC17N 3,000 Sheet Large Capacity Tray Requires DE25N/DE26N/DE27N /DE28N (Not compatible with 60ABD or DE29)1 $1,570.00 $1,570.00 $405.00 $405.00 MX-PN16B 3 Hole Punch Module for FN30/31 1 $735.00 $735.00 $180.00 $180.00 MX-RB25N Paper Pass Unit Required with FN28/29/30/31 1 $445.00 $445.00 $182.00 $182.00 AR-D5143NT 20 AMP Power Filter (5050/6050/5070/6070)1 $175.00 $175.00 $101.70 $101.70 Total (City Clerk 2)$30,945.00 $5,950.50 81% Model Description and Machine Compatibility Quantity MSRP Price MSRP Extended Discount Price Total Discount MX-6070V 60 PPM B&W / 60 PPM Full-Color Workgroup Document System 1 $22,825.00 $22,825.00 $3,982.50 $3,982.50 MX-DE28N 550+2100 Sheet Tandem Paper Drawer 1 $2,000.00 $2,000.00 $540.00 $540.00 MX-FN27N Inner Finisher 50 Sheet Stapler 500 Sheet Capacity 1 $2,000.00 $2,000.00 $427.00 $427.00 MX-FR52U Data Security Kit (Commercial Version) (3070/3570/4070/5070/6070)1 $575.00 $575.00 $267.30 $267.30 MX-FX15 Facsimile Expansion Kit 1 $1,360.00 $1,360.00 $225.00 $225.00 MX-PN14B 3 Hole Punch Module for FN27N 1 $735.00 $735.00 $180.00 $180.00 MX-TR19N Exit Tray Unit (right side)1 $160.00 $160.00 $67.50 $67.50 AR-D5143NT 20 AMP Power Filter (5050/6050/5070/6070)1 $175.00 $175.00 $101.70 $101.70 Total (CAO)$29,830.00 $5,791.00 81% Model Description and Machine Compatibility Quantity MSRP Price MSRP Extended Discount Price Total Discount MX-6070V 60 PPM B&W / 60 PPM Full-Color Workgroup Document System 1 $22,825.00 $22,825.00 $3,982.50 $3,982.50 MX-DE28N 550+2100 Sheet Tandem Paper Drawer 1 $2,000.00 $2,000.00 $540.00 $540.00 MX-FN27N Inner Finisher 50 Sheet Stapler 500 Sheet Capacity 1 $2,000.00 $2,000.00 $427.00 $427.00 MX-FR52U Data Security Kit (Commercial Version) (3070/3570/4070/5070/6070)1 $575.00 $575.00 $267.30 $267.30 MX-FX15 Facsimile Expansion Kit 1 $1,360.00 $1,360.00 $225.00 $225.00 MX-PN14B 3 Hole Punch Module for FN27N 1 $735.00 $735.00 $180.00 $180.00 MX-RB25N Paper Pass Unit Required with FN28/29/30/31 NOT NEEDED WITH INNER FINISHER 1 $445.00 $445.00 $0.00 $0.00 MX-TR19N Exit Tray Unit (right side)1 $160.00 $160.00 $67.50 $67.50 AR-D5143NT 20 AMP Power Filter (5050/6050/5070/6070)1 $175.00 $175.00 $101.70 $101.70 Total (Admin Services)$30,275.00 $5,791.00 81% 284 Sharp NASPO Pricing Pricing Reflects NASPO Contract #7-15-70-26 for Multifunction Copier Systems Model Description and Machine Compatibility Quantity MSRP Price MSRP Extended Discount Price Total Discount MX-6070V 60 PPM B&W / 60 PPM Full-Color Workgroup Document System 1 $22,825.00 $22,825.00 $3,982.50 $3,982.50 MX-DE28N 550+2100 Sheet Tandem Paper Drawer 1 $2,000.00 $2,000.00 $540.00 $540.00 MX-FN27N Inner Finisher 50 Sheet Stapler 500 Sheet Capacity 1 $2,000.00 $2,000.00 $427.00 $427.00 MX-FR52U Data Security Kit (Commercial Version) (3070/3570/4070/5070/6070)1 $575.00 $575.00 $267.30 $267.30 MX-FX15 Facsimile Expansion Kit 1 $1,360.00 $1,360.00 $225.00 $225.00 MX-LC17N 3,000 Sheet Large Capacity Tray Requires DE25N/DE26N/DE27N /DE28N (Not compatible with 60ABD or DE29)1 $1,570.00 $1,570.00 $405.00 $405.00 MX-PN14B 3 Hole Punch Module for FN27N 1 $735.00 $735.00 $180.00 $180.00 MX-RB25N Paper Pass Unit Required with FN28/29/30/31 NOT NEEDED WITH INNER FINISHER 1 $445.00 $445.00 $0.00 $0.00 MX-TR19N Exit Tray Unit (right side)1 $160.00 $160.00 $67.50 $67.50 AR-D5143NT 20 AMP Power Filter (5050/6050/5070/6070)1 $175.00 $175.00 $101.70 $101.70 Total (City Clerk 1)$31,845.00 $6,196.00 81% Model Description and Machine Compatibility Quantity MSRP Price MSRP Extended Discount Price Total Discount MX-6580N 65 PPM B&W / Color - High Speed Color Document System:1 $29,500.00 $29,500.00 $6,030.00 $6,030.00 MX-LC13N Large Capacity 2-Drawer Air Feed Tray (5,000 sheets - Letter, Letter-R, Legal or Ledger) Requires MX-RB14 May not be used with LC12/LCX3N 1 $6,700.00 $6,700.00 $2,293.20 $2,293.20 MX-FD10 Multi Folding Unit Requires FN21/FN22 Not Compatible with RB13 1 $15,700.00 $15,700.00 $5,374.80 $5,374.80 MX-FN22 100 Sheet Staple/20 Sheet Saddle Stitch Finisher (4,000-sheet output capacity ) Requires RB12N + RB15 1 $10,720.00 $10,720.00 $3,669.30 $3,669.30 MX-RB12N Paper pass unit for machine (required for MX-FN19, MX-FN20, MX-FN21 & MX-FN22)1 $550.00 $550.00 $223.20 $223.20 MX-RB14 Relay Unit (Required for MX-LC13N)1 $1,140.00 $1,140.00 $390.60 $390.60 MX-RB15 Curl Correction Unit (Required with MX-FN21 and MX-FN22 configurations)1 $1,140.00 $1,140.00 $390.60 $390.60 MX-PN13B Punch Unit (for MX-FN21 and MX-FN22)1 $945.00 $945.00 $337.50 $337.50 MX-CF11 2 Tray Post Process Page Inserter (Used with MX-FN21 or MX-FN22) Requires FD10 or RB13 1 $3,860.00 $3,860.00 $1,321.20 $1,321.20 MX-FR55U Data Security Kit 1 $760.00 $760.00 $322.20 $322.20 AR-D5133NT 15 AMP Power Filter FN21, FN22, LC13N 1 $150.00 $150.00 $91.80 $91.80 MX-E524ZNT 208-240V/20A Power Filter 1 $275.00 $275.00 $137.70 $137.70 Total (Quinlan 1)$71,440.00 $20,582.10 71% 285 Sharp NASPO Pricing Pricing Reflects NASPO Contract #7-15-70-26 for Multifunction Copier Systems Model Description and Machine Compatibility Quantity MSRP Price MSRP Extended Discount Price Total Discount MX-7580N 75 PPM B&W / Color - High Speed Color Document System:1 $34,500.00 $34,500.00 $6,592.50 $6,592.50 MX-FD10 Multi Folding Unit Requires FN21/FN22 Not Compatible with RB13 1 $15,700.00 $15,700.00 $5,374.00 $5,374.00 MX-FN22 100 Sheet Staple/20 Sheet Saddle Stitch Finisher (4,000-sheet output capacity ) Requires RB12N + RB15 1 $10,720.00 $10,720.00 $3,669.30 $3,669.30 MX-RB12N Paper pass unit for machine (required for MX-FN19, MX-FN20, MX-FN21 & MX-FN22)1 $550.00 $550.00 $223.20 $223.20 MX-RB15 Curl Correction Unit (Required with MX-FN21 and MX-FN22 configurations)1 $1,140.00 $1,140.00 $390.60 $390.60 MX-PN13B Punch Unit (for MX-FN21 and MX-FN22)1 $945.00 $945.00 $337.50 $337.50 MX-FX15 Fax Expansion Kit 1 $1,360.00 $1,360.00 $225.00 $225.00 MX-FR55U Data Security Kit 1 $760.00 $760.00 $322.20 $322.20 MX-E524ZNT 208-240V/20A Power Filter 1 $275.00 $275.00 $137.70 $137.70 Total (Planning 1)$65,950.00 $17,272.00 74% Model Description and Machine Compatibility Quantity MSRP Price MSRP Extended Discount Price Total Discount MX-7580N 75 PPM B&W / Color - High Speed Color Document System:1 $34,500.00 $34,500.00 $6,592.50 $6,592.50 MX-LC13N Large Capacity 2-Drawer Air Feed Tray (5,000 sheets - Letter, Letter-R, Legal or Ledger) Requires MX-RB14 May not be used with LC12/LCX3N 1 $6,700.00 $6,700.00 $2,293.20 $2,293.20 MX-FD10 Multi Folding Unit Requires FN21/FN22 Not Compatible with RB13 1 $15,700.00 $15,700.00 $5,374.00 $5,374.00 MX-FN22 100 Sheet Staple/20 Sheet Saddle Stitch Finisher (4,000-sheet output capacity ) Requires RB12N + RB15 1 $10,720.00 $10,720.00 $3,669.30 $3,669.30 MX-RB12N Paper pass unit for machine (required for MX-FN19, MX-FN20, MX-FN21 & MX-FN22)1 $550.00 $550.00 $223.20 $223.20 MX-RB14 Relay Unit (Required for MX-LC13N)1 $1,140.00 $1,140.00 $390.60 $390.60 MX-RB15 Curl Correction Unit (Required with MX-FN21 and MX-FN22 configurations)1 $1,140.00 $1,140.00 $390.60 $390.60 MX-PN13B Punch Unit (for MX-FN21 and MX-FN22)1 $945.00 $945.00 $337.50 $337.50 MX-TR14 Right Side Exit Tray 1 $190.00 $190.00 $64.80 $64.80 MX-FX15 Fax Expansion Kit 1 $1,360.00 $1,360.00 $225.00 $225.00 MX-FR55U Data Security Kit 1 $760.00 $760.00 $322.20 $322.20 AR-D5133NT 15 AMP Power Filter FN21, FN22, LC13N 1 $150.00 $150.00 $91.80 $91.80 MX-E524ZNT 208-240V/20A Power Filter 1 $275.00 $275.00 $137.70 $137.70 Total (Senior Center 2)$74,130.00 $20,112.40 73% PreTax Total All Items $526,350.00 $117,869.20 78% Shpping Total (Included)$0.00 Tax Total $10,435.57 Grand Total $128,304.77 Cupertino sales Tax 9% 286 _____________________________________________________________________________________ Professional/Consulting Contracts /Version: May 22, 2018 Page 1 of 8 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1.PARTIES This Agreement is made and entered into as of _______________________________________ (“Effective Date”) by and between the City of Cupertino, a municipal corporation (“City”), and _________________________________________________________________ (“Contractor”), a corporation for___________________________________________________________________________. 2.SERVICES Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. 3.TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on ___________________ (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on ________________________ and shall be completed by ________________________. The city has the option of four (4) one-year extensions. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit A. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 4.COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $____________________ (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit A, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. _____________________________________________________________________________________________ 287 _____________________________________________________________________________________________ _____________________________________________________________________________________ Professional/Consulting Contracts /Version: May 22, 2018 Page 2 of 8 5.INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Taxes. Contractor must pay income taxes on the money earned under this Agreement. Upon City’s request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Agreement. 6.PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7.OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City and shall not be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 288 _____________________________________________________________________________________________ _____________________________________________________________________________________ Professional/Consulting Contracts /Version: May 22, 2018 Page 3 of 8 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a)The original Services for which Contractor was hired; (b)Completion of the original Services by others; (c)Subsequent additions to the original Services; and/or (d)Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8.RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four years from the date of City’s final payment. 9.ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10.PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11.INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold 289 _____________________________________________________________________________________________ _____________________________________________________________________________________ Professional/Consulting Contracts /Version: May 22, 2018 Page 4 of 8 harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs and expenses (including attorney fees, legal costs and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a)Breach of contract, obligations, representations or warranties; (b)Negligent or willful acts or omissions committed during performance of the Services; (c)Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d)Unauthorized use or disclosure of City’s confidential and proprietary Information; (e)Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim, in accordance with California Public Contract Code Section 9201. At City’s request, Contractor will assist City in the defense of a claim, dispute or lawsuit arising out of this Agreement. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction. 12.INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13.COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 290 _____________________________________________________________________________________________ _____________________________________________________________________________________ Professional/Consulting Contracts /Version: May 22, 2018 Page 5 of 8 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14.PROJECT COORDINATION City Project Manager. The City assigns ___________________________________________ as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns ________________ ____________ as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15.ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be 291 _____________________________________________________________________________________________ _____________________________________________________________________________________ Professional/Consulting Contracts /Version: May 22, 2018 Page 6 of 8 given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. 16.TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17.GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18.ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19.THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20.WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21.ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between the main Agreement and the attachments or exhibits thereto, the text of the main Agreement shall prevail. 292 _____________________________________________________________________________________________ _____________________________________________________________________________________ Professional/Consulting Contracts /Version: May 22, 2018 Page 7 of 8 22.INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. 23.HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. 24.SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25.SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26.NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Attention:___________________________ Email: ____________________________ To Contractor: __________________________ ______________________________________ ______________________________________ Attention: _____________________________ Email: ________________________________ 27.VALIDITY OF CONTRACT This Agreement is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, as amended from time to time, (b)is signed by the City Manager or an authorized designee, and (c) is approved for form by the City Attorney’s Office. 293 294 Monday, June 11, 2018 Pacific Office Automation | 2210 O’Toole Ave, San Jose, CA 95131 Patrick Kirk | Patrick.Kirk@PacificOffice.com | 408.375.4944 direct 1 Bid Prepared for: City of Cupertino NASPO Contract #7-15-70-26 Exhibit A 295 City of Cupertino | Copier Bid | June 1st, 2018 Pacific Office Automation | Patrick Kirk | (408) 375.4944 Page 1 of 8 1 City of Cupertino Multi-Function Copier Solicitation Table of Contents 1.Price 2.Service Level Agreement & CPC 3.MFP Removal Plan 4.Hard Drive Removal Plan 5.Hard Drive Warranty 6.References 7.Dedicated Call Center 8.Service Calls 9.Service Response Time 10.Number of Technicians 11.Service Escalation 12.Copier Guarantee & Replacement 13.Parts Inventory 14.Contact Personnel & Team 296 City of Cupertino | Copier Bid | June 1st, 2018 Pacific Office Automation | Patrick Kirk | (408) 375.4944 Page 2 of 8 2 Pacific Office Automation (POA) Process & Team Info This response to The City of Cupertino’s Copier Bid has been prepared by authorized representatives of Pacific Office Automation (POA) in an effort to provide sufficient information and be determined a responsive bidder. We thank you for the opportunity to be involved in this bid process and ultimately establish a mutually beneficial partnership between both parties. Company Name: Pacific Office Automation Address: 2210 O’Toole Ave, Suite 200, San Jose, CA 95131 Telephone: 925-398-4200 Fax: 925-924-0038 Federal Tax Identification: 93-0665413 POA Representative: Patrick Kirk Title: Account Manager Address: 2210 O’Toole Avenue, Suite 200, San Jose, CA 95131 Telephone: 408-375-4944 Email: Patrick.Kirk@pacificoffice.com Dedicated Key Staff Members 1.Patrick Kirk – Account Manager 2.David Renteria – Field Sales Manager 3.Cory Giddings – Branch Manager 4.Damon Webb – Professional Services Manager 5.Dean Simmons – Software Solutions 6.John Boyd – Production & Graphic Specialist 7.Wendy Tran – Service Dispatcher 8.Juan Castaneda – Field Service Supervisor 9.Nicole Grammatico – Admin & Contracts Manager 297 City of Cupertino | Copier Bid | June 1st, 2018 Pacific Office Automation | Patrick Kirk | (408) 375.4944 Page 3 of 8 3 Bid Question Responses (1)Price: (See attached spread sheet provided by City of Cupertino) (2)Service Level Agreement (SLA) & Cost per Copy: 1 Year Service Agreement covering All Parts, Labor, Service, Toner and Consumables. Service Level Agreement set for 1 year term with option to extend for added one-year terms, for 4 years. City of Cupertino has the right to cancel this Service Level Agreement with a 30 day written notice at any point throughout the SLA contract term. (See attached spread sheet provided by City of Cupertino) (3)MFP Removal Plan Copiers identified to be removed and disposed of, by the City of Cupertino will be recycled by POA. When disposing of equipment and recycling, hard drives are wiped, removed and/or sanitized to meet the strictest measures conforming to DoD compliance standards and measures that are safe and deemed ethical for the environment. Prior to removing the Hard Drive from any device, POA will transfer any emails and printing information from each device prior to replacing with a new unit. This will allow our team to simplify the installation of the new equipment ensuring a seamless and simple setup process. (4)Hard Drive Removal Plan Prior to removing equipment, Hard Drives can be either sanitized (wiped of data) or removed. When sanitized, the hard drive is overwritten and securely wiped meeting DoD compliance for security standards. In the event that the City would prefer to physically have POA remove the hard drives, we can remove the HDD and hand to a City official that would be designated to destroy the Hard Drive. Additionally, Sharp’s built-in End-of-Lease feature allows for the Hard Drive to be wiped at the end of said usage, in the event that it is traded-in or recycled. (5)Hardware Warranty Warranty on new equipment begins the moment the equipment leaves our warehouse on its way to be delivered to you. As long as a Service Level Agreement is active and in good standing your warranty continues and is a promise from POA that the equipment will be operational and in working order as it did when it first arrived the first day. Additionally, repaired, serviced and maintained at no added costs to the Cost Per Copy Service Level Agreement. 298 City of Cupertino | Copier Bid | June 1st, 2018 Pacific Office Automation | Patrick Kirk | (408) 375.4944 Page 4 of 8 4 (6)References: o San Jose State University 1 Washington Square, San Jose, CA 95192 Sara Bonakdar Sara.bonakdar@sjsu.edu 408.924.1561 o San Jose Sharks 525 W. Santa Clara Street, San Jose, CA 95113 Rich Perez rperez@sapcenter.com 408.427.2913 o Berliner Cohen LLP 10 S. Almaden Blvd, San Jose, CA 95113 Marc Susbilla marc.susbilla@berliner.com 408.286.5800 Service, Service Calls & Support Team (7)Dedicated Call Center for Service Calls Despite the size and scope of POA, our Bay Area branch handles all decisions internally making the decision making process a breeze in the event that an issue needs to be escalated for a quick remedy. Our warehouse in Pleasanton stores all of our parts & inventory and our local dispatch team ensures that the team supporting you always is in close touch with you and your support team. (8)Service Calls Each machine will have a dedicated ID # located on a sticker on the front of the machine that will be used to identify the machine by serial number, physical location and model of equipment. The sticker will also include a phone number, e-mail and URL to visit for connecting with our service department. Whether you decide to call, email or visit our website, we will ensure the process is to your liking and can even customize the options for requesting service. When calling in, you immediately talk to a live person who will ask for your ID number and what supplies or service is required. With your ID number, we can tell what machine, location and the current supply level to ensure you get your supplies before you run out. 299 City of Cupertino | Copier Bid | June 1st, 2018 Pacific Office Automation | Patrick Kirk | (408) 375.4944 Page 5 of 8 5 Placing Service Calls There are a few ways in which you will be able to place a service call. Email us - dispatch44@PacificOffice.com Fill out Online Form at https://www.pacificoffice.com/support Call us at (888) 896-9029 or (925) 398-4200 1 When calling, the customer calls the dispatcher will ask for the 5-digit equipment ID #. If that isn’t available we can use the customer name or phone to locate them in the database. 2 Once the correct machine is verified by the customer/dispatcher, we also verify the location is correct, the caller’s name and direct phone # which is typed in the operator field at that time. 3 Following the confirmation of the caller a service call verification code will be given to the individual placing the call. 4 The dispatcher will type a brief description of the problem in the comment field and also put their initials in that field to identify who took the service call. 5 Most machines are already assigned to the proper tech via the territories worked out by each team. If a tech is absent it is the dispatcher’s responsibility to page the call out to the back-up person. (9)Service response time. Pacific Office Automation guarantees a 4-hour average field response for the City of Cupertino. Our company goal is to be within two (2) hours from the time your service call was placed. POA acknowledges and agrees that service calls received after 3:00 PM must be assigned to the first service call the next day. On average our reports show that we averaging a 2.9 hour response time for a technician to arrive onsite. At any time, City of Cupertino can contact us to prioritize a service technician to get a tech onsite ASAP in the case ever needed. Additionally, our technicians are dedicated to a territory bordered by zip codes, so your service team will always be in the same area you are at all times making sure that they have access to you and can respond to your needs with quick notice. (10) Number of technicians assigned to provide copier services Generally, the technicians are trained on a variety of copiers but mainly focus on segment specific machines. For example one technician will work on 20-55 ppm machine while another will focus on 60-100 ppm machines. This allows for the technician to be specialized in a specific segment and master those machines. Our Bay Area servicing branch currently has twenty five (25) technicians capable of handling and responding to service issues reported by City of Cupertino. POA is growing rapidly and consistently looking to increase our service force. The average experience and tenure at POA is 9.5 years. Of those 25 servicing technicians, 12 are located in the surrounding areas of Cupertino. As needed, POA will add expert technicians to ensure that all service needs are met with the proper personnel. 300 City of Cupertino | Copier Bid | June 1st, 2018 Pacific Office Automation | Patrick Kirk | (408) 375.4944 Page 6 of 8 6 (11) Service escalation POA acknowledges and agrees that service will be escalated to a senior specialized service technician and City of Cupertino designated account representative after three (3) failed attempts to fix a copier. The City representative is to contact the City of Cupertino to inform them of the escalation. In addition, POA offers the following Service Escalation Procedure. This procedure explains to the technical department the procedure to use when the machine they are working on is not fixed in a reasonable time or the same problem continues to occur. 1.If the Technician is unable to resolve the problem within two hours or has worked on the same machine twice for the same problem, the Technician is required to contact the Service Manager. The Service Manager will evaluate the situation, and if it cannot be resolved rapidly, a hotline to the manufacturer will be opened immediately. 2.The Service Manager will perform or confirm that all remedies the hotline suggests are accomplished as soon as possible. If the hot line indicates parts are needed these parts will be installed. The results will be fed back to the hotline for further diagnosing if the problem is not resolved. 3.The Technician will contact the Service Manager and provide them with the hotline case number and customer contact information plus all other pertinent information regarding the situation. This will be placed on the Service Manager’s daily to do list and will be followed until it is resolved. 4.If the Technician feels that the copier will be out of service for more than eight (8) business hours after the call has been placed or requires off-site service, a loaner copier will be provided within eight (8) business hours. 5.The customer’s machines will be brought into the shop and completely diagnosed, repaired and tested prior to returning it to the customer. 6.If a copier continues to experience the same symptoms, a permanent like or better replacement machine will be delivered to the customer at no additional charge. (12) Guaranteed Copier Replacement POA guarantees copier replacement if the technician fails to fix a reoccurring problem after ten (10) failed attempts. In addition, POA would recommend a quarterly meeting with POA personnel and City of Cupertino personnel to discuss and review benchmarks of performance on installation, billing and any failures to meet the service level agreements. If there is a machine with reoccurring problems, we will run a Service History Report to obtain Response Time per Call, Service Call Details, Parts Usage and Preventative Maintenance Detail. We will also have a certified technician report on the functionality of the machine. POA may also make a replacement suggestion based on a “3 and 30” report, in which a machine is requested service upon three (3) times in thirty (30) days. If it is determined that the machine is in need of replacement, POA will handle all pick-ups and installs for no additional charge to City of Cupertino. POA handles all service obligations internally which allows for quick and easy turnaround times. As soon as an order is submitted by your representative, equipment will be prepared for install and shipped that same 301 City of Cupertino | Copier Bid | June 1st, 2018 Pacific Office Automation | Patrick Kirk | (408) 375.4944 Page 7 of 8 7 day. Delivery of the machine will take place in 1-5 business days and installation will be done that day, on- site by the delivery driver. (13) Parts | Locations | Inventory POA maintains over 28,000 square feet of dedicated warehouse storage in the Bay Area with over $8 Million dollars’ worth of parts and equipment inventory ensuring that we have the necessary parts needed to service, respond and repair issues at any given time without delays. We offer the largest stock capacity of any document imaging company in the region. The technicians and the decision makers are literally next door and will provide best-in-class customer service and prompt response. Through consistent and substantial investment in our infrastructure and workforce, POA is unmatched in regards to our service/support resources. In an industry rippled with downsizing and mergers, POA is extremely unique in regards to our constant investment in our service and support infrastructure. This infrastructure is one of the many competitive advantages that truly set us apart from any competitor in the Bay Area. Technician Accessibility to Maintenance Parts Our facilities carry $8,000,000 in parts to ensure our technicians can fix virtually any problem that arise the same day. Each technician is issued an inventory of parts recommended by our manufactures for all systems the technician is responsible for repairing typically carrying with them in their vehicles over $10,000 worth of parts inventory on hand. This provides our technicians the ability to solve problems and repair equipment on the first visit more frequently. In addition each technician has the ability to customize their inventory to meet the needs of the customers in their territory. Technicians report their inventory weekly to the Weekly Parts Report. Parts are delivered on average of less than one (1) business day as a result of our substantial inventory and refined delivery process. Our technicians have numerous options for quick access to maintenance parts. Local Warehouse: Primary supply warehouse in the Bay Area. Car Stock: Custom inventory provided to our service technicians based on their service territory (14) Contact Personnel POA currently services customers that range from business, government and service enterprises operating from a single location to entities that have a central headquarters and carry out global operations throughout thousands of offices. POA’s One Contact / One Contract ensures that POA’s partners are provided with consistent, qualified local account managers that provide efficient customer support and problem solving abilities. Patrick Kirk will be your primary point of contact and responsible for managing your account and your overall business relationship with Pacific Office Automation. Patrick is supported by the entire POA service team and customer support team. More specifically, David Renteria also works with Patrick Kirk and is the Field Sales Manager for Cupertino and the local surrounding area. 302 City of Cupertino | Copier Bid | June 1st, 2018 Pacific Office Automation | Patrick Kirk | (408) 375.4944 Page 8 of 8 8 Patrick Kirk Account Manager Phone Number: 408-375-4944 Email: Patrick.Kirk@PacificOffice.com Address: 2210 O’Toole Ave, Suite 200, San Jose, CA 95131 Responsibilities include: Manages POA’s project & support team for City of Cupertino Maintains customer satisfaction Ensures proper communication Ensures equipment and software implementation Compliance with all aspects and projects outlined in this response Patrick will be assisted in performing all work by the following individuals: David Renteria Field Sales Manager Responsibilities Include: Assists Patrick in day-to-day activities maintaining customer satisfaction Involved with clients as a second line of support in case Patrick is unavailable or out of the office Ensures Patrick and his team have all necessary tools to help client relationship Nicole Grammatico Branch Administrative Manager Responsibilities Include: Bills new orders, Manages financed orders, Supports Contracts Marian Jurgensen Order Processor/Delivery Manager Responsibilities Include: Processes new orders & Coordinates deliveries of all new, demo, rental, & loaner copiers Manages set-up team Carolyn Miller Supply Manager Responsibilities Include: Manages average usage per copier Carries out supply orders Cory Giddings Branch Manager Responsibilities Include: Oversees overall Branch Support Teams Field reviews of customer copiers Addresses customer service concerns Juan Castaneda Field Service Supervisor Responsibilities Include: Addresses customer service concerns Field Reviews of customer copiers Addresses customer service concerns 303 City of Cupertino Copier Bid NASPO California Piggyback Contract #7-15-70-26 Pacific Office Automation 2210 O'Toole Avenue, Suite 200, San Jose, CA 95131 Patrick Kirk | patrick.kirk@pacificoffice.com | 408.375.4944 Pricing Reflects NASPO Contract #7-15-70-26 for Multifunction Copier Systems Model Description and Machine Compatibility Quantity MSRP Price Discount Price Total MX-B455W 45 PPM B&W - Desktop B/W Document System 1 $4,875.00 $1,057.50 $1,057.50 MX-CS14 600 sheet paper feeder (Max 3 Cassettes)1 $220.00 $85.50 $85.50 MX-FN32 Inner Finisher (30 sheet staple 300 sheet stack)1 $1,435.00 $382.50 $382.50 MX-FR59U Data Security 1 $575.00 $267.30 $267.30 MX-FWX1L Internet Fax 1 $570.00 $135.00 $135.00 AR-D5133NT 15 AMP Power Filter 1 $150.00 $101.70 $101.70 Total (Quinlan 3)$2,029.50 Model Description and Machine Compatibility Quantity MSRP Price Discount Price Total MX-4070V 40 PPM B&W / 40 PPM Full-Color Workgroup Document System 1 $18,425.00 $3,082.00 $3,082.00 MX-DE28N 550+2100 Sheet Tandem Paper Drawer 1 $2,000.00 $540.00 $540.00 MX-FN27N Inner Finisher 50 Sheet Stapler 500 Sheet Capacity 1 $2,000.00 $427.00 $427.00 MX-PN14B 3 Hole Punch Module for FN27N 1 $735.00 $180.00 $180.00 AR-D5133NT 15 AMP Power Filter (3050/3550/4050/3070/3570/4070 and 2630N)1 $150.00 $91.80 $91.80 Total (Blackberry Farm)$4,320.80 Model Description and Machine Compatibility Quantity MSRP Price Discount Price Total MX-5070V 50 PPM B&W / 50 PPM Full-Color Workgroup Document System 1 $20,625.00 $3,352.50 $3,352.50 MX-DE28N 550+2100 Sheet Tandem Paper Drawer 1 $2,000.00 $540.00 $540.00 MX-FN27N Inner Finisher 50 Sheet Stapler 500 Sheet Capacity 1 $2,000.00 $427.00 $427.00 AR-D5143NT 20 AMP Power Filter (5050/6050/5070/6070)1 $175.00 $101.70 $101.70 Total (McClellan Ranch)$4,421.20 Model Description and Machine Compatibility Quantity MSRP Price Discount Price Total MX-5070V 50 PPM B&W / 50 PPM Full-Color Workgroup Document System 1 $20,625.00 $3,352.50 $3,352.50 MX-DE28N 550+2100 Sheet Tandem Paper Drawer 1 $2,000.00 $540.00 $540.00 MX-FN27N Inner Finisher 50 Sheet Stapler 500 Sheet Capacity 1 $2,000.00 $427.00 $427.00 MX-FR52U Data Security Kit (Commercial Version) (3070/3570/4070/5070/6070)1 $575.00 $267.30 $267.30 AR-D5143NT 20 AMP Power Filter (5050/6050/5070/6070)1 $175.00 $101.70 $101.70 Total (Senior Center - 1 smaller)$4,688.50 Model Description and Machine Compatibility Quantity MSRP Price Discount Price Total MX-5070V 50 PPM B&W / 50 PPM Full-Color Workgroup Document System 2 $20,625.00 $3,352.50 $6,705.00 MX-DE28N 550+2100 Sheet Tandem Paper Drawer 2 $2,000.00 $540.00 $1,080.00 MX-FN27N Inner Finisher 50 Sheet Stapler 500 Sheet Capacity 2 $2,000.00 $427.00 $854.00 MX-FR52U Data Security Kit (Commercial Version) (3070/3570/4070/5070/6070)2 $575.00 $267.30 $534.60 MX-FX15 Facsimile Expansion Kit 2 $1,360.00 $225.00 $450.00 MX-PN14B ***3 Hole Punch Module for FN27N 2 $735.00 $180.00 $360.00 MX-TR19N Exit Tray Unit (right side)2 $160.00 $67.50 $135.00 AR-D5143NT 20 AMP Power Filter (5050/6050/5070/6070)2 $175.00 $101.70 $203.40 Total (Service Center and Quinlan 2)$10,322.00 Model Description and Machine Compatibility Quantity MSRP Price Discount Price Total MX-5070V 50 PPM B&W / 50 PPM Full-Color Workgroup Document System 1 $20,625.00 $3,352.50 $3,352.50 MX-DE28N 550+2100 Sheet Tandem Paper Drawer 1 $2,000.00 $540.00 $540.00 MX-FN27N Inner Finisher 50 Sheet Stapler 500 Sheet Capacity 1 $2,000.00 $427.00 $427.00 MX-FX15 Facsimile Expansion Kit 1 $1,360.00 $225.00 $225.00 MX-PN14B 3 Hole Punch Module for FN27N 1 $735.00 $180.00 $180.00 MX-TR19N Exit Tray Unit (right side)1 $160.00 $67.50 $67.50 AR-D5143NT 20 AMP Power Filter (5050/6050/5070/6070)1 $175.00 $101.70 $101.70 Total (Sports Center)$4,893.70 Model Description and Machine Compatibility Quantity MSRP Price Discount Price Total MX-6070V 60 PPM B&W / 60 PPM Full-Color Workgroup Document System 1 $22,825.00 $3,982.50 $3,982.50 MX-DE28N 550+2100 Sheet Tandem Paper Drawer 1 $2,000.00 $540.00 $540.00 MX-FN27N Inner Finisher 50 Sheet Stapler 500 Sheet Capacity 1 $2,000.00 $427.00 $427.00 MX-FR52U Data Security Kit (Commercial Version) (3070/3570/4070/5070/6070)1 $575.00 $267.30 $267.30 MX-PN14B 3 Hole Punch Module for FN27N 1 $735.00 $180.00 $180.00 AR-D5143NT 20 AMP Power Filter (5050/6050/5070/6070)1 $175.00 $101.70 $101.70 Total (Planning 2)$5,498.50 Model Description and Machine Compatibility Quantity MSRP Price Discount Price Total Sharp NASPO Pricing 304 City of Cupertino Copier Bid NASPO California Piggyback Contract #7-15-70-26 Pacific Office Automation 2210 O'Toole Avenue, Suite 200, San Jose, CA 95131 Patrick Kirk | patrick.kirk@pacificoffice.com | 408.375.4944 MX-6070V 60 PPM B&W / 60 PPM Full-Color Workgroup Document System 1 $22,825.00 $3,982.50 $3,982.50 MX-DE27N 3 x 550 Sheet Paper Feed Desk Unit 1 $1,570.00 $405.00 $405.00 MX-FN30 3K Stacking Finisher (requires RB25N)1 $3,050.00 $427.00 $427.00 MX-FR52U Data Security Kit (Commercial Version) (3070/3570/4070/5070/6070)1 $575.00 $267.30 $267.30 MX-LC17N 3,000 Sheet Large Capacity Tray Requires DE25N/DE26N/DE27N /DE28N (Not compatible with 60ABD or DE29)1 $1,570.00 $405.00 $405.00 MX-PN16B 3 Hole Punch Module for FN30/31 1 $735.00 $180.00 $180.00 MX-RB25N Paper Pass Unit Required with FN28/29/30/31 1 $445.00 $182.00 $182.00 AR-D5143NT 20 AMP Power Filter (5050/6050/5070/6070)1 $175.00 $101.70 $101.70 Total (City Clerk 2)$5,950.50 Model Description and Machine Compatibility Quantity MSRP Price Discount Price Total MX-6070V 60 PPM B&W / 60 PPM Full-Color Workgroup Document System 1 $22,825.00 $3,982.50 $3,982.50 MX-DE28N 550+2100 Sheet Tandem Paper Drawer 1 $2,000.00 $540.00 $540.00 MX-FN27N Inner Finisher 50 Sheet Stapler 500 Sheet Capacity 1 $2,000.00 $427.00 $427.00 MX-FR52U Data Security Kit (Commercial Version) (3070/3570/4070/5070/6070)1 $575.00 $267.30 $267.30 MX-FX15 Facsimile Expansion Kit 1 $1,360.00 $225.00 $225.00 MX-PN14B 3 Hole Punch Module for FN27N 1 $735.00 $180.00 $180.00 MX-TR19N Exit Tray Unit (right side)1 $160.00 $67.50 $67.50 AR-D5143NT 20 AMP Power Filter (5050/6050/5070/6070)1 $175.00 $101.70 $101.70 Total (CAO)$5,791.00 Model Description and Machine Compatibility Quantity MSRP Price Discount Price Total MX-6070V 60 PPM B&W / 60 PPM Full-Color Workgroup Document System 1 $22,825.00 $3,982.50 $3,982.50 MX-DE28N 550+2100 Sheet Tandem Paper Drawer 1 $2,000.00 $540.00 $540.00 MX-FN27N Inner Finisher 50 Sheet Stapler 500 Sheet Capacity 1 $2,000.00 $427.00 $427.00 MX-FR52U Data Security Kit (Commercial Version) (3070/3570/4070/5070/6070)1 $575.00 $267.30 $267.30 MX-FX15 Facsimile Expansion Kit 1 $1,360.00 $225.00 $225.00 MX-PN14B 3 Hole Punch Module for FN27N 1 $735.00 $180.00 $180.00 MX-RB25N Paper Pass Unit Required with FN28/29/30/31 NOT NEEDED WITH INNER FINISHER 1 $445.00 $0.00 $0.00 MX-TR19N Exit Tray Unit (right side)1 $160.00 $67.50 $67.50 AR-D5143NT 20 AMP Power Filter (5050/6050/5070/6070)1 $175.00 $101.70 $101.70 Total (Admin Services)$5,791.00 Model Description and Machine Compatibility Quantity MSRP Price Discount Price Total MX-6070V 60 PPM B&W / 60 PPM Full-Color Workgroup Document System 1 $22,825.00 $3,982.50 $3,982.50 MX-DE28N 550+2100 Sheet Tandem Paper Drawer 1 $2,000.00 $540.00 $540.00 MX-FN27N Inner Finisher 50 Sheet Stapler 500 Sheet Capacity 1 $2,000.00 $427.00 $427.00 MX-FR52U Data Security Kit (Commercial Version) (3070/3570/4070/5070/6070)1 $575.00 $267.30 $267.30 MX-FX15 Facsimile Expansion Kit 1 $1,360.00 $225.00 $225.00 MX-LC17N 3,000 Sheet Large Capacity Tray Requires DE25N/DE26N/DE27N /DE28N (Not compatible with 60ABD or DE29)1 $1,570.00 $405.00 $405.00 MX-PN14B 3 Hole Punch Module for FN27N 1 $735.00 $180.00 $180.00 MX-RB25N Paper Pass Unit Required with FN28/29/30/31 NOT NEEDED WITH INNER FINISHER 1 $445.00 $0.00 $0.00 MX-TR19N Exit Tray Unit (right side)1 $160.00 $67.50 $67.50 AR-D5143NT 20 AMP Power Filter (5050/6050/5070/6070)1 $175.00 $101.70 $101.70 Total (City Clerk 1)$6,196.00 Model Description and Machine Compatibility Quantity MSRP Price Discount Price Total MX-6580N 65 PPM B&W / Color - High Speed Color Document System:1 $29,500.00 $6,030.00 $6,030.00 MX-LC13N Large Capacity 2-Drawer Air Feed Tray (5,000 sheets - Letter, Letter-R, Legal or Ledger) Requires MX-RB14 May not be used with LC12/LCX3N 1 $6,700.00 $2,293.20 $2,293.20 MX-FD10 Multi Folding Unit Requires FN21/FN22 Not Compatible with RB13 1 $15,700.00 $5,374.80 $5,374.80 MX-FN22 100 Sheet Staple/20 Sheet Saddle Stitch Finisher (4,000-sheet output capacity ) Requires RB12N + RB15 1 $10,720.00 $3,669.30 $3,669.30 MX-RB12N Paper pass unit for machine (required for MX-FN19, MX-FN20, MX-FN21 & MX-FN22)1 $550.00 $223.20 $223.20 MX-RB14 Relay Unit (Required for MX-LC13N)1 $1,140.00 $390.60 $390.60 MX-RB15 Curl Correction Unit (Required with MX-FN21 and MX-FN22 configurations)1 $1,140.00 $390.60 $390.60 MX-PN13B Punch Unit (for MX-FN21 and MX-FN22)1 $945.00 $337.50 $337.50 MX-CF11 2 Tray Post Process Page Inserter (Used with MX-FN21 or MX-FN22) Requires FD10 or RB13 1 $3,860.00 $1,321.20 $1,321.20 MX-FR55U Data Security Kit 1 $760.00 $322.20 $322.20 AR-D5133NT 15 AMP Power Filter FN21, FN22, LC13N 1 $150.00 $91.80 $91.80 MX-E524ZNT 208-240V/20A Power Filter 1 $275.00 $137.70 $137.70 Total (Quinlan 1)$20,582.10 Model Description and Machine Compatibility Quantity MSRP Price Discount Price Total MX-7580N 75 PPM B&W / Color - High Speed Color Document System:1 $34,500.00 $6,592.50 $6,592.50 MX-FD10 Multi Folding Unit Requires FN21/FN22 Not Compatible with RB13 1 $15,700.00 $5,374.00 $5,374.00 MX-FN20 50 Sheet Staple/15 Sheet Saddle Stitch Finisher (4,000-sheet output capacity ) Requires RB12N 1 $4,725.00 $1,800.00 $1,800.00 MX-RB12N Paper pass unit for machine (required for MX-FN19, MX-FN20, MX-FN21 & MX-FN22)1 $550.00 $223.20 $223.20 MX-PN12B Punch Unit (for MX-FN19 and MX-FN20)1 $850.00 $315.00 $315.00 MX-FX15 Fax Expansion Kit 1 $1,360.00 $225.00 $225.00 MX-FR55U Data Security Kit 1 $760.00 $322.20 $322.20 MX-E524ZNT 208-240V/20A Power Filter 1 $275.00 $137.70 $137.70 305 City of Cupertino Copier Bid NASPO California Piggyback Contract #7-15-70-26 Pacific Office Automation 2210 O'Toole Avenue, Suite 200, San Jose, CA 95131 Patrick Kirk | patrick.kirk@pacificoffice.com | 408.375.4944 Total (Planning 1)$14,989.60 Model Description and Machine Compatibility Quantity MSRP Price Discount Price Total MX-7580N 75 PPM B&W / Color - High Speed Color Document System:1 $34,500.00 $6,592.50 $6,592.50 MX-LC13N Large Capacity 2-Drawer Air Feed Tray (5,000 sheets - Letter, Letter-R, Legal or Ledger) Requires MX-RB14 May not be used with LC12/LCX3N1$6,700.00 $2,293.20 $2,293.20 MX-FD10 Multi Folding Unit Requires FN21/FN22 Not Compatible with RB13 1 $15,700.00 $5,374.00 $5,374.00 MX-FN22 100 Sheet Staple/20 Sheet Saddle Stitch Finisher (4,000-sheet output capacity ) Requires RB12N + RB15 1 $10,720.00 $3,669.30 $3,669.30 MX-RB12N Paper pass unit for machine (required for MX-FN19, MX-FN20, MX-FN21 & MX-FN22)1 $550.00 $223.20 $223.20 MX-RB14 Relay Unit (Required for MX-LC13N)1 $1,140.00 $390.60 $390.60 MX-RB15 Curl Correction Unit (Required with MX-FN21 and MX-FN22 configurations)1 $1,140.00 $390.60 $390.60 MX-PN13B Punch Unit (for MX-FN21 and MX-FN22)1 $945.00 $337.50 $337.50 MX-TR14 Right Side Exit Tray 1 $190.00 $64.80 $64.80 MX-FX15 Fax Expansion Kit 1 $1,360.00 $225.00 $225.00 MX-FR55U Data Security Kit 1 $760.00 $322.20 $322.20 AR-D5133NT 15 AMP Power Filter FN21, FN22, LC13N 1 $150.00 $91.80 $91.80 MX-E524ZNT 208-240V/20A Power Filter 1 $275.00 $137.70 $137.70 Total (Senior Center 2)$20,112.40 Shpping Total (Included)$0.00 Tax Total Cupertino sales Tax 9%$10,435.57 Other* Total Pre-tax Total $115,586.80 Grand Total $126,022.37 Define * 306 Pacific Office Automation Model Price per Image B&W Price per Image Color MX-CS14 0.0045 N/A MX-4070V 0.0039 0.035 MX-DE28N 0.0039 0.035 MX-DE28N 0.0039 0.035 MX-6580N 0.0039 0.035 MX-7580N 0.0039 0.035 B&W Average Annual Meter Total Color Average Annual Meter Total Total 958,132 329,068 1,287,200 PPI 0.0039$ 0.035$ 3,737$ 11,517$ 15,254$ $9,746 Buffer Contract and PO 25,000$ Vendor Name: Sharp Electronics Corporation based upon estimate 307 Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts 1 Form Updated Feb. 2018 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1.Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 01 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect City as a named insured. 2.Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3.Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. Not required. Consultant has provided written verification of no employees. 4.Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a claims made form: a.The Retroactive Date must be shown and must be before the Effective Date of the Contract. b.Insurance must be maintained for at least five (5) years after completion of the Services. c.If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts 308 Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts 2 Form Updated Feb. 2018 Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL policy. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. 309 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECT PRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 6/7/2018 JD Fulwiler & Co. Insurance, Inc. 5727 SW Macadam Ave PO Box 69508 Portland OR 97239 Holly Pfister (503)293-8325 (503)293-5418 hpfister@jdfulwiler.com Pacific Office Automation, Inc. 14747 NW Greenbrier Pkwy Beaverton OR 97006 Liberty Mutual Fire Ins Co 23035 Liberty Insurance Corp.42404 Travelers Casualty Insurance 001704 18/19 Gen Use A X X x Terrorism Included X X X Y TB7Z61920018057 5/17/2018 5/17/2019 1,000,000 1,000,000 5,000 1,000,000 2,000,000 2,000,000 Total Aggregate 15,000,000 A X X X X Y AS2Z61920018047 5/17/2018 5/17/2019 1,000,000 B X X X 10,000 TH7Z61920018077 5/17/2018 5/17/2019 5,000,000 5,000,000 A Y WC2Z61920018087 10/1/2017 10/1/2018 X 1,000,000 1,000,000 1,000,000 A Washington Stop Gap Liab TB7Z61920018057 5/17/2018 5/17/2019 Limit 1,000,000 C Professional Liability 105712268 12/1/2017 12/1/2018 Limit 3,000,000 City of Cupertino, its City Council, Boards and Commissions, Officers, Officials, Employees, Agents, Servants, Volunteers and Consultants for Certificate No TB7Z61920018057 10300 Torre Ave Cupertino, CA 95014 The insured scheduled above includes the Insured’s officers, officials, employees and volunteers. This insurance shall be primary as respects the Insured shown in the schedule above, or if excess, shall stand Holly Pfister/HOLLY Y City of Cupertino, A Municipal Corporation 10300 Torre Ave Cupertino, CA 95014 Y Exhibit D 310 COMMENTS/REMARKS COPYRIGHT 2000, AMS SERVICES INC.OFREMARK in an unbroken chain of coverage excess of the Named Insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the Insured scheduled above shall be in excess of this insurance and shall not be called upon to contribute with it. The insurance afforded by this policy shall not be canceled except after thirty days prior written notice by certified mail return receipt requested has been given to the Entity. The General Liability policy evidenced herein is Primary & Non-Contributory where required by written contract with the named insured. A Waiver of Subrogation is granted in favor of the additional insureds with respects to General Liability and Workers Compensation in accordance with the policy's provisions. Attached forms AC8407, AC8423, CG2010, CG2404 and WC000313 apply. 311 CG 20 10 04 13 © ISO Properties, Inc., 2012 Page 1 of 2  POLICY NUMBER: TBZ61920018057 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. City of Cupertino, its City Council, Boards and Commissions, Officers, Officials, Employees, Agents, Servants, Volunteers and Consultants for Certificate No TB7Z61920018057 10300 Torre Ave Cupertino, CA 95014 Per written contract 312 Page 2 of 2 © ISO Properties, Inc., 2012 CG 20 10 04 13 C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. *The insured scheduled above includes the Insured’s officers, officials, employees and volunteers. This insurance shall be primary as respects the Insured shown in the schedule above, or if excess, shall stand in an unbroken chain of coverage excess of the Named Insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the Insured scheduled above shall be in excess of this insurance and shall not be called upon to contribute with it. The insurance afforded by this policy shall not be canceled except after thirty days prior written notice by certified mail return receipt requested has been given to the Entity 313 AC 84 23 08 11 © 2010, Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 Policy Number: AS2Z61920018047 Issued: 5/17/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): As Required by a written contract Regarding Designated Contract or Project: As Required by a written contract Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. 314 315 316 317 318 319 320 321 322 323 324 325 POLICY NUMBER: TB2Z61920018057 Insured: Pacific Office Automation COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us 326 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4113 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:6/21/2018 City Council On agenda:Final action:7/3/2018 Title:Subject: Application for Alcohol Beverage License for Prime Works USA, Inc (dba Uzumakiya), 10789 S. Blaney Avenue Sponsors: Indexes: Code sections: Attachments:Staff Report A - Application Action ByDate Action ResultVer. City Council7/3/2018 1 Subject: Application for Alcohol Beverage License for Prime Works USA, Inc (dba Uzumakiya), 10789 S. Blaney Avenue Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Prime Works USA, Inc (dba Uzumakiya), 10789 S. Blaney Avenue CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™327 CITY COUNCIL STAFF REPORT Meeting: July 3, 2018 Subject Application for Alcoholic Beverage License for Prime Works USA, Inc. (dba Uzumakiya), 10789 S. Blaney Avenue. Recommended Action Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Prime Works USA, Inc. (dba Uzumakiya), 10789 S. Blaney Avenue. Description Name of Business: Uzumakiya Location: 10789 S. Blaney Avenue Type of Business: Restaurant Type of License: 41 – On-Sale Beer & Wine – Eating Place (Restaurant) Reason for Application: Annual Fees, Person-to-Person Transfer Discussion There are no zoning or use permit restrictions which would prohibit the sale of alcohol as proposed. Therefore, 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 business is located at the Pacific Rim Shopping Center. Sustainability Impact None Fiscal Impact None _____________________________________ Prepared by: Jeffrey Tsumura, Assistant Planner, Planning Division Reviewed by: Benjamin Fu, Assistant Director of Community Development; Aarti Shrivastava, Assistant City Manager - Community Development and Strategic Planning Approved for Submission by: David Brandt, City Manager COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org 328 August 2, 2016 Cupertino City Council page 2 Attachment: A - Application 329 330 331 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4102 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:6/18/2018 City Council On agenda:Final action:7/3/2018 Title:Subject: Authority to award a construction contract for the McClellan Road Sidewalk Improvements- Phase 2 project Sponsors: Indexes: Code sections: Attachments:Staff Report Action ByDate Action ResultVer. City Council7/3/2018 1 Subject: Authority to award a construction contract for the McClellan Road Sidewalk Improvements-Phase 2 project 1. Authorize the City Manager to award a construction contract in an amount not to exceed 90% of 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. CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™332 CITY COUNCIL STAFF REPORT Meeting: July 3, 2018 Subject Authority to award a construction contract for the McClellan Road Sidewalk Improvements-Phase 2 project. Recommended Action 1. Authorize the City Manager to award a construction contract in an amount not to exceed 90% of 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. Description The McClellan Road Sidewalk Improvements-Phase 2 project will enhance pedestrian safety by providing continuous walking paths within the project area. The project location is McClellan Road from Byrne Avenue to San Leandro Avenue. Discussion Authorization by Council to award this project, within the budget limits, allows staff to maintain the project schedule and avoid seasonal weather disruptions. Currently sidewalks along McClellan Road within the project scope are either discontinuous or non-existent. Historically, property owners in this area constructed public improvements, including sidewalks, as r edevelopment and/or remodeling occurred as a condition of their development. This has resulted in intermittent walking paths that vary from a separate defined walkway to edge of roadway. Eliminating sidewalk gaps in the project area will enhance safety and comfort for pedestrians by providing a continuous defined and separated walkway. Curbs and gutters will be constructed with the sidewalks, which will aid in controlling 333 roadway runoff during rain events providing the additional benefit of eliminating muddy walking paths. This project to construct sidewalks on McClellan was initiated by the community, who have consistently shown support for the improvements and are anxious to have them built. Four property owners within the project scope donated a portion of their land to support the project. Staff recommends that Council authorize the City Manager to award the construction contract for the McClellan Road Sidewalk Improvements-Phase 2 project based on bids to be received on July 17, 2018, to the lowest responsive bidder if there are no unresolved bid protests, and also authorize a construction contingency budget of 10% of the construction contract amount to address unforeseen conditions discovered during construction. Sustainability Impact None Fiscal Impact The FY 2017-2018 CIP budget for the McClellan Road Sidewalk Improvements- Phase 2 project (budget unit 270-90-976) is adequate to implement the project. No additional appropriation is needed. _____________________________________ Prepared by: John Raaymakers, Public Works Project Manager Reviewed by: Timm Borden, Director of Public Works Department Approved for Submission by: David Brandt, City Manager 334 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4103 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:6/18/2018 City Council On agenda:Final action:7/3/2018 Title:Subject: Authority to award a construction contract for the McClellan Road Separated Bikeways- Phase 1 project Sponsors: Indexes: Code sections: Attachments:Staff Report Action ByDate Action ResultVer. City Council7/3/2018 1 Subject: Authority to award a construction contract for the McClellan Road Separated Bikeways-Phase 1 project 1. Authorize the City Manager to award a construction contract in an amount not to exceed 90% of 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. CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™335 CITY COUNCIL STAFF REPORT Meeting: July 3, 2018 Subject Authority to award a construction contract for the McClellan Road Separated Bikeways-Phase 1 project. Recommended Action 1. Authorize the City Manager to award a construction contract in an amount not to exceed 90% of 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. Description The McClellan Road Separated Bikeways-Phase 1 project will install a physical barrier between the vehicular and bicycle lanes to enhance the existing bicycle lanes. The project limits are McClellan Road between South Stelling Road and Imperial Avenue. Discussion Authorization by Council to award this project, within the budget limits, allows staff to maintain the project schedule and avoid seasonal weather disruptions. McClellan Road currently has Type 2 bike lanes, which are painted lane lines that indicate the appropriate area for bikes to use. The subject project will slightly alter the curb alignment along McClellan Road and add a raised curb to separate the vehicular travel lanes and the bike lanes. This type of separated bike lanes are also referred to as Type 4 bike lanes. The curb will have vertical markers, or delineators, to make them more visible to all road users. The project scope also includes traffic signal modifications to accommodate the modified geometry at signalized intersections. The bike lanes that are currently on McClellan Road are some of the most highly used and important routes, largely due to the concentration of schools on or near 336 McClellan Road. The improvements to the bike lanes will result in a higher level of safety for bicyclists, encouraging more people to consider biking versus driving. The local biking community has expressed robust support for the project and are looking forward to enjoying the higher level of protection that will come with the project improvements. Staff recommends that Council authorize the City Manager to award the construction contract for the McClellan Road Separated Bikeways-Phase 1 project based on bids to be received on July 24, 2018, to the lowest responsive bidder if there are no unresolved bid protests, and also authorize a construction contingency budget of 10% of the construction contract amount to address unforeseen conditions discovered during construction. Sustainability Impact None Fiscal Impact The FY 2017-2018 CIP budget for the McClellan Road Separated Bikeways-Phase 1 Project (budget unit 420-99-036) is adequate to implement the project. No additional appropriation is needed. _____________________________________ Prepared by: John Raaymakers, Public Works Project Manager Reviewed by: Timm Borden, Director of Public Works Department Approved for Submission by: David Brandt, City Manager 337 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4105 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:6/18/2018 City Council On agenda:Final action:7/3/2018 Title:Subject: 2015 Contractual Janitorial Services - Project No. 2015-23, contract extension Sponsors: Indexes: Code sections: Attachments:Staff Report A - 2017 First Amendment and 2015 Contractual Janitorial Services Contract B - Letter to Extend Term of the Agreement to June 30, 2019 C - Draft Resolution Action ByDate Action ResultVer. City Council7/3/2018 1 Subject: 2015 Contractual Janitorial Services - Project No. 2015-23, contract extension Staff recommends Council take the following actions: 1. Authorize the Director of Public Works to negotiate and execute a one-year extension of the 2015 Contractual Janitorial Services contract and increase janitorial services by $400/month at the Cupertino Library; and; 2. Adopt Resolution No 18-067 approving a Budget Adjustment in the amount of amount of $4,800 for janitorial services (100-87-828 700-702) (Attachment C). CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™338 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: July 3, 2018 Subject 2015 Contractual Janitorial Services – Project No. 2015-23, contract extension. Recommended Action Staff recommends Council take the following actions: 1. Authorize the City Manager or designee to negotiate and execute a one-year extension of the 2015 Contractual Janitorial Services contract and increase j anitorial services by $400/month at the Cupertino Library; and 2. Adopt a Resolution approving a Budget Adjustment in the amount of $4,800 for janitorial services (100-87-828 700-702) (Attachment C). Description On June 16, 2015 Council authorized the 2015 Contractual Janitorial Services contract to IMPEC Group. The term of this contract was three years with the option to renew the agreement for up to two one-year terms. Prior to the end of the initial three year term, a first amendment was negotiated and authorized by Council. The primary purpose of the January 24, 2017 amendment was to increase compensation to IMPEC Group due to the October 2016 adoption of the City’s Minimum Wage Ordinance (Ordinance No. 2151). Discussion The first amendment specified compensation at a minimum wage of $13.50 per hour and escalates the total monthly value of the contract by $4 ,200 per month for every $1 increase in minimum wage. Per these provisions, staff is recommending that janitorial services be extended with IMPEC Group from July 1, 2018 to June 30, 2019. Labor costs will be unchanged through December 31, 2018 and will increase $6 ,300 per month for January through June 30, 2019, based on the minimum wage increase to $15 per hour that will occur on January 1, 2019. Monthly material costs of $13,693 will escalate by an increase of the consumer price index (CPI) for all union wage earners by of 3.2% ($438 per month). Santa Clara County Library has requested that janitorial services be increased by two additional hours each week due to extended library hours. The cost of this request is 339 $400 per month. Per the City’s agreement with the County, the County will reimburse the City for this additional service. Sustainability Impact Not applicable. Fiscal Impact The recently authorized FY18/19 operating budget includes funding for janitorial services adjusted for CPI and minimum wage increase. Due to the Santa Clara County Library request, an additional appropriation to Library Maintenance 100-87-828 of $4,800 is needed due to extended library hours. These dollars are recovered from the County as a pass-through reimbursement in their entirety. _____________________________________ Prepared by: Roger Lee, Assistant Director of Public Works Department Reviewed by: Timm Borden, Director of Public Works Department Approved for Submission by: David Brandt, City Manager Attachments: A – 2017 First Amendment & 2015 Contractual Janitorial Services Contract B – Letter to Extend Term of the Agreement to June 30, 2019 C - Draft Resolution 340 FIRST AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF CUPERTINO AND IMPEC GROUP INC. FOR 2015 JANITORIAL SERVICES (PROTECT NO. 2015-23) This First Amendment to the Contract between the City of Cupertino and IMPEC Group, Inc. for reference dated January 24, 2017, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and IMPEC Group, Inc. whose address 3350 Scott Blvd. Bldg. 8, Santa Clara, CA 95054, and is made with reference to the following: RECITALS: A. On June 16, 2015, a contract was entered into by and between City and Contractor (hereinafter "Contract") for routine janitorial services for various City facilities. B. City and Contractor desire to modify the Contract on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Article 3, paragraph 3.1, of the Contract, "Contract Time" is modified to read as follows: The Contract Time will commence to run on July 01, 2015. City may give a Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. The term of this contract shall be three (3) years from the start date of the contract. The City shall retain the option to extend the term of the contract on a year-to-year basis not exceeding two (2) years from the expiration date of the original term, for a possible total of five (5) years. Any such renewal after the first three years shall be accomplished by the City providing a written notice of renewal to the Contractor at least 30 days prior to expiration of the term. Any such renewal shall contain the same provisions as the original agreement, including an increase or decrease in material compensation paid to the Contractor based only on the San Francisco Consumer Price Index (CPI-U) for June 2018 as compared to June 2017 and up to $4200 additional per month for every $1 increase in minimum wage above $13.50 per hour. 2. Article 4, paragraph 4.1, of the Contract, "Contract Sum" is modified to read as follows: City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in the completed Schedule of 341 Bid Prices (Document 00400) for all Work completed in calendar year 2016 (Attachment 1, page 1&2). Compensation to Contractor for completion of Work performed during the periods below in accordance with Contract Documents and the minimum wage requirement shall be as follows: a. From January 1, 2017 to June 30, 2017 (6 months) -$331,170.96 (Attachment 2, page 3); b . From July 1, 2017 to December 31, 2017 (six months) -$341,122.14 (Attachment 3, page 4); c. From January 1, 2018 to June 30, 2018 (six months) -$379,250.96 (Attachment 4, page 5). The time periods of July 1, 2017 through June 30, 2018 include a fixed price adjustment of 3%. No additional price adjustment will occur as a result of a change the San Francisco CPI-U through June 30, 2018. 3. The above changes were substantially due to Ordinance No . 215, enacted by the Cupertino City Council on October 4, 2016, wherein the minimum w age was increased from $10.50/hour to $12 .00/hour beginning on January 1, 2017, and increasing again to $13.50/hour on January 1, 2018. 4. Except as expressly modified herein, all other terms and co v enants set forth in the Contract shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Contract to be executed. CONTRACTOR APPROVED AS TO FORM: ~ City Attorney ATTEST: ~ .2/4uit L--(b~7 City Clerk CITY OF CUPERTINO A Municipal Corporation By ~ Title\)1rcz.d... r J ~v'1.IL ~ \Ov-~ RECOMMENDED FOR APPROVAL: By :,~ Title ~~ -~.vv2- 342 Attachment 1 Contract Price July 2015 -December 2016 (Per Contractor submitted Schedule of Bid Prices Document 00400) ITEM I DESCRIPTION I UNIT I EST I Unit Price/Mon. I , .... QTY :rotal/rea,r 2015 JANITORIAL SERVICES Str eet Si de cont ai ners $ 12 $ 713 .66 /Mon . $ 8,563.92 I Months 2 Blackberry Fann/Retreat Bui ld ing $ 12 S 2 ,854.64 /Mon . $ 34,255.70 Mon th City Hall Buildin g s 12 $ 4,400.91 3 /Mon . $ 52 ,810 .87 Months 4 Co mmuni ty Ha ll Building $ 12 $ 1,427.32 /Mo n. s 17,127.85 Month s 5 Creeks id e Par k Bu ild in g $ 12 $ 713 .66 8,563.92 Months /Mon . $ McClellan Ranch Environm ent al Education $ 12 6 $. 1,784 .15 /Mo n. $ 21,409.81 Center Months s 12 S 237 .89 7 Golf Course Restrooms /Mon. $ 2 ,854 .64 Month s 8 Library Buil din g $ 12 $ 8 ,563 .92 /Mon . s 102,767.1 0 Months 9 McClellan Ranch Building & Museum s 12 S 237 .89 S 2 ,854 .64 Months /Mon . Monta Vi sta Recreation & Pre School $ 10 BuiJding s 12 $ 2 ,022 .04 /Mon . $ 24 ,264.45 Mon th s Park Res troom s $ 12 1 ,784 .15 JI /Mon . $ 21,409.81 Mo nth s Port al Park Buil ding $ 12 $ 237.89 $ 2,854 .64 12 /Mon . Month s ,. r 4 ...... t>r, Page 1 of 5 343 Attachment 1 Contract Price July 2015-December 2016 (Per Contractor submitted Schedule of Bid Prices Document 00400) continued Quinlan Community Center/History Museum $ 13 Building Senior Center Building $ 14 Service Center Building $ 15 16 Sports Center Building $ 17 Wilson Park Building $ : 18 M-F Day Porter $ 19 Call Back For Unscheduled or Emergency $ Cleaning (2 hours per month) 20 Unscheduled Carpet Cleaning $ (50 square feet per month) All. I No. 1 Sa-Su Day Porter I $ --- 12 Months 12 Months 12 Months 12 Months 12 Months 12 Months 12 Months 12 Months $ 6.422 .94 $ 3,330.42 $ 1,665.21 $ 5,233.51 $ 832.60 $ 4,757.74 $ 70 $ 200 12 I $ 1,vvv ,Q.;> Months Total Annual Amount: $592,308.75 (monthly $49,359.06) ~--,· _, /Mon. $ 77,075.32 /Mon. $ 39,964 .98 /Mon . $ 19,982.49 /Mon. $ 62,802.12 /Mon. $ 9,991.25 /Mon. $ 57,092.83 /Mon. $840.00 /Mon. $2,400.00 /Mon. j $ ~. :.:::~:;' · ··• •· Page 2 of 5 344 Attachment 2: Contract Price January 2017 -June 2017 (inclusive of $12.00/hour minimum wage) ITEM DESCRIPTION UNIT EST QTY Unit Price/Mon. Total/6mon . JANUARY 2017-JUNE 2017 JANITORIAL SERVICES 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Street Side containers Blackberry Farm/Retreat Building City Hall Building Co mmunity Hall Building Creekside Park Building McClellan Ranch Environmental Education Center Golf Course Restrooms Library Building McClellan Ranch Building& Museum Monta Vista Recreation & Pre School Buildings Park Restroom s Po11al Park Building Quinlan Community Center/History Museum Building Senior Center Building Service Center Building Sports Center Building Wilson Park Building M-F Day Porter Call Back For Unscheduled or Emergency Cleaning (2 hours per month) Unscheduled Carpet Cleaning ( 5 0 square feet per month) TOT AU YEAR:$ _______ _ Alt. No. 1 Sa-Su Day Porter $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Month Total Amount: $331,170.96 (monthly $55,195.16) $_798.04_/Mon. $_ 4 ,788 .24 __ $_3 ,192.17_ /Mon. $_ 4 ,921.26_/Mo n . $ _ 1,596 .08 I Mon. $_798 .04_/Mon . $_1,995.10_/ Mon. $_266.02 /Mon $_9,576.50_/ Mon. $_266.02_/Mon. $_2,261.12 I Mon. $_1 ,995.10 __ /Mon. $ 266.02 /Mon. - - $_7.182.37 __ /Mon. $_3 ,724 .20 I Mon. $_1,862.10 __ /Mon. $_5 ,852.31 I Mon. $_931 .04_/Mon. $_5,320.28 __ /Mon. $_78.28 /Mon . $_19,153.02_ $_29,527.56_ $_9,576.48 $_ 4,788.24 __ $_11,970.60_ $_1 ,596 .12 __ $_57,459.00 $_1,596 .12 __ $_13 ,5 66 .72_ $ _ 11 ,970.6 0 __ $_1,596 .12 __ $_ 43,094 .22_ $_22,345.20_ $_11 ,172.60_ $_35,113.86_ $_5 ,586 .24_ $_31,921.68_ $_469 .68 __ $_223.65 _/Mon. $_1,34 1.90 __ $_2 ,089.46__ $_12 ,536 .76 _ /Mon . Page 3 of 5 345 Attachment 3: Contract Price July 2017 -December 2017 (inclusive of $12.00/hour minimum wage and 3% CPI increase) ITEM DESCRIPTION UNIT EST QTY Unit Price/Mon. Total/Smon. JULY 2017 -DECEMBER 2017 JANITORIAL SERVICES 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Street Side containers Blackberry Farm/Retreat Building City Hall Building Community Hall Building Creekside Park Building McClellan Ranch Environmental Education Center Golf Course Restrooms Library Building McClellan Ranch Building & Museum Monta Vista Recreation & Pre School Buildings Park Restroo ms Portal Park Building Quinlan Community Center/History Museum Building Senior Center Building Service Center Building Sports Center Building Wilson Park Building M-F Day Porter Call Back For Unscheduled or Emergency Cleaning (2 hours per month) Unscheduled Carpet Cleaning (50 square feet per month) TOTAU YEAR:$ _______ _ Alt. No . 1 Sa-Su Day Porter $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months Total Amount: $341,122.14 (monthly $56,853.69) $ _ 822 .02 _ /Mon. $_3 ,288.09_ /Mon . $_5 ,069 .14_/Mo n. $_1 ,644.04_/ Mon. $_822.02_/Mon. $_2,055 .05 I Mon . $_4 ,932 .12 __ $_19 ,728 .54_ $_30 ,414.84_ $_9,864.24_ $_ 4,932 .12 __ $_12,330.30_ $_274.01 /Mon $_1,644.06 __ $_9 ,864.26_/ $_59,185.56_. Mon. $_274.01_/Mon. $_1,644 .06 __ $_2 ,329 .06 _/ $_13,974.36_ Mon. $_2,055 .05 $_12 ,33 0 .03 /Mon. $_274.01 _/Mo n. $_1,644.06 __ $_7 ,398.19__ $_44,389.14_ /Mon . $_3,836 .11 I $_23,016.66_ Mon. $_1,918.05 $_11 ,508.83 /Mon . $_6,028.16_/ $_36 ,168.96_ Mon . $_959.02_/Mon. $_5 ,754.12_ $_5,480.15__ $_32,880.09_ /Mon . $_80.63 /Mon. $_ 483.78 $_230.37_/Mon . $_1,382 .22 __ $_2 ,152.25__ $_12 ,913 .50_ /Mon. Page 4 of 5 346 Attachment 4: Contract price .from January 2018-June 2018 (inclusive of $13.50 /hour minimum wage and no additional CPI increase) ITEM DESCRIPTION UNIT EST QTY Unit Total/6mon. Price/Mon. JANUARY 2018 -JUNE 2018 JANITORIAL SERVICES Street Side $ 6 Months $_913 .90 _/Mon . $_5,483.40 __ containers 2 Blackberry $ 6 Months $_3 ,655 .61 $_21,933.66 Farm/Retreat /Mon. Building 3 City Hall $ 6 Months $_5,635 .74 __ $_33,814.44_ Bui lding /Mon. 4 Community Hall $ 6 Months $_1,827 .80 __ $_I 0,966.83 Building /Mon. 5 Creekside Park $ 6 Months $_913.90_/Mon. $_5,483.41 Building 6 McCle ll an Ranch $ 6 Months $_2,284.76 __ $_13,708.54_ Environmental /Mon. Education Center 7 Golf Course $ 6 Months $_304.64_/Mon. $_1 ,827 .83 Restrooms 8 Library Bui ldin g $ 6 Months $_10 ,966 .83 $_65,800 .97_ /Mon . 9 McClellan Ranch $ 6 Months $_304 .64_/Mon. $_1,827.83 Building & Museum 10 Monta Vista $ 6 Months $_2,589.39 __ $_15 ,5 36.37_ Recreation & Pre /Mon . Schoo l Buildings 11 Park Restroom s $ 6 Months $_2,284.76 __ $_13,708 .54 __ /Mo n. 12 Portal Park $ 6 Months $_304.64_/Mon . $_1,827.83 __ Building 13 Quinlan $ 6 Months $_8,255 .12 --$_ 49 ,350.73 Community /Mon. Center/History Museum Building 14 Sen ior Center $ 6 Months $_ 4,264.89 __ $_25,589.32_ Building /Mon . 15 Service Center $ 6 Months $_2,132.44 __ $_12 ,7 94.66 Building /Mon . 16 Sports Center $ 6 Months $_6,701.96 $_40 ,211.73 Bui lding /Mon . 17 Wilson Park $ 6 Months $_1 ,066 .22 __ $_6,3 97.29 __ Building /Mon . 18 M-F Day Porter $ 6 Months $_6,092.69 __ $_36 ,556 .15 /Mon. 19 Call Back For $ 6 Months $_89.64 $_537.85 -- Unschedu led or /Mon. Emergency Cleaning (2 hours per month) 20 Unscheduled $ 6 Months $_256.12 --$_1,536.70 __ Carpet C leaning /Mon . (50 square feet per month) TOT AU YEAR:$ Alt. No . 1 Sa-Su Day Porter $ 6 Months $_2 ,3 92.81 $_14 ,3 56.87_ /Mo n. 6 Month Total Amount: $379,250.96 (monthly $63,208.49) Page 5 of 5 347 DOCUMENT 00520 CONTRACT THIS CONTRACT, dated this Q__ day of I/ , 2015, by and between IMPEC Group, Inc. whose r~ ~ place of business is located at 3350 Scott Boulevard, Buil mg #8, Santa Clara, CA. 95054 ("Contractor"), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City") acting under and by virtue of the authority vested in the City by the laws of the State of California. Project: b.\ "'- WHEREAS, City, on the _I __ day of ·:::r l/i"I L , 2015 awarded to Contractor the following PROJECT NUMBER 2015-23 2015 JANITORIAL SERVICES NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: ARTICLE 1. WORK 1.1 Contractor shall complete all Work specified in the Contract Documents, m accordance with these Specifications and all other terms and conditions of the Contract Documents. ARTICLE2. AGENCY AND NOTICES TO CITY 2.1 City has designated Roger Lee, Assistant Director of Public Works to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or more specific functions to one or more specific City's Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities. 2.2 All notices or demands to City under the Contr1:1ct Documents shall be to City's Authorized Representative at: 10555 Mary Avenue, Cupertino, California 95014 or to such other person(s) and address( es) as City shall provide to Contractor. ARTICLE 3. CONTRACT TIME AND LIQUIDATED DAMAGES 3 .1 Contract Time. The Contract Time will commence to run on July 01, 2015. City may give a Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. The term of this contract shall be three (3) years from the start date of the contract. The City shall retain the option to extend the term of the contract on a year-to-year basis not exceeding two (2) years from the expiration date of the original term, for a possible total of five (5) years. 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer inefficiency in the form of lost production expenses (such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Document 00700 (General Citv of Cupertino 348 Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.l The CONTRACTOR shall diligently prosecute the work to completion as scheduled in the Technical Provisions. The Contractor further understands that he shall pay to the City of Cupertino One Hundred Fifty Dollars ($150.00) per day, for each and every occurrence that a service item (task as specified in the Technical Provisions) is not completed within the required times per facility. The Contractor further understand that he shall pay to the City of Cupertino One Thousand Dollars ($1000.00) per day, for each and every occurrence were all the services at a facility were not completed within the required times per facility. This does not relieve the Contractor from his responsibilities of completing the required services that were not completed as scheduled. Any service not completed as scheduled shall be completed as soon as possible and at the Contractor's expense. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. Contractor should be aware that California Department of Fish and Game, and other State and Federal agencies, may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered species protection requirements. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. ARTICLE 4. CONTRACT SUM 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in the completed Schedule of Bid Prices (Document 00400) ARTICLE 5. CONTRACTOR'S REPRESENTATIONS In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5.1 Contractor has visited the various City owned buildings and other locations requiring janitorial services and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as-built drawings, drawings, products specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance Citv of Cupertino 349 or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5. 7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in document 00340 (Subcontractors List) ARTICLE 6. CONTRACT DOCUMENTS 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00400 Bid Form Document 00411 Bond Accompanying Bid Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00455 Insurance Document 00457 Proposed Staffing Schedule Document 00460 Schedule of Major Equipment and Materials Suppliers Document 00481 Non-Collusion Affidavit Document 00482 Bidder Certifications Document 00505 Notice oflntent to Award Document 00510 Notice of Award Document 00520 Contract Document 00530 Insurance Forms Document 00550 Notice to Proceed Document 00610 Construction Performance Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention Document 00700 General Conditions Document 00800 Special Conditions Document 00821 Insurance Document 00822 Apprenticeship Program Document 00850 Technical Conditions Addenda(s) 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Documents 00320 (Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Conditions). Citv of Cuoertino 350 ARTICLE 7. MISCELLANEOUS 7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning indicated therein. 7 .2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum includes all allowances (if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7.6 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference (or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7. 7 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be· in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division 3.6, Part 3, and Chapter 5. 7.8 Contractor and all subcontractors shall comply with the Uniform Administrative Requirements for State and Local Governments set forth in the Code of Federal Regulations (CFR), Title 49, and Part 18. In addition, the Contractor agrees to comply with the cost principles and procedures set forth in Office of Management and Budget Circular A-87. The Contractor agrees that a reference to either Office of Management and Budget (OMB) Circular A-87of the Code of Federal Regulations, Title 49, Chapter 1, Part 31, whichever is applicable, and the Code of Federal Regulations, Title 49, Part 18, will be included in any subcontracts entered into as a result of this contract. IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written \ Citv of Cupertino 351 CITY: 2015 CONTRACTUAL JANITORIAL SERVICES CONTRACTOR: CITY OF CUPERTINO, a Municipal Corporation of the State of California Attest: . GQVA!' ~Attorney: I hereby certify, under penalty of perjury, that David Brandt, City Manager of the City of Cupertino was duly authorized to execute this document on behalf of the City of Cupertino by a majority vote of the City Council on: ~ Dated: tJ'6/bC/JS I 1 ~ ~~~tlreCityofCupertino,a (/u · Municipal Corporation of the State of California Designated Representative: Name: Roger S. Lee Title: Assistant Director of Public Works Address: 10555 Mary Ave., Cupertino, CA 95014 Phone:408-777-3350 Facsimile: 408-777-3399 AMOUNT: $592,308.76 ACCOUNT NUMBERS: FILE NO.: Ratty Espiritu [Please print name here] [Please print name here] Title: Secretary [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] 822068 B C61/D63 C33 C10 State Contractor's License No. Classification 07/31/2017 Expiration Date 77-050-7560 Taxpayer ID No. __________ ~• Name: Jason Fang Title: Secretary/Admin Manager Address: 3350 Scott Blvd. Bldg. 8, Santa Clara, CA 95054 h 408-330-9350 Pone: ________________ _ Facsimile: 408-330-9356 NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED END OF DOCUMENT Citv of Cupertino 352 Payee: Distribution list lmpec Group 3350 Scott Blvd. Bldg. 8 Santa Clara, CA 95054 SITE Park Restrooms Bus Stops City Hall Library Service center Quinlan Center Senior Center McClellan Monta Vista Wilson Park Portal park Creekside Park Community Hall Teen Center Sports Center BBF/Retreat Ctr Golf Course ACCOUNT NO. MONTHLY ANNUALLY 100-87-840 700-702 1784.15 21409.81 100-86-824 700-702 713.66 8563.92 100-87-827 700-702 4670.91 56050.92 100-87-828 700-702 15190.19 182282.3 100-87-829 700-702 1665.21 19982.49 100-87-830 700-702 6422.94 77075.32 100-87-831 700-702 3330.42 3S964.98 100-87-832 700-702 2022.04 24264.45 100-87-833 700-702 2022.04 24264.45 100-87-834 700-702 832.60 9991.25 100-87-835 700-702 237.89 2854.64 100-87-837 700-702 713.66 8563.92 100-87-838 700-702 1427.32 17127.85 100-87-839 700-702 1742.80 20913.60 570-87-836 700-702 3490.71 41888.52 100-87-841 700-702 2854.64 34255.70 560-63-616 700-702 237.89 2854.64 TOTAL 49359.07 592308.76 353 ,, . ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual - who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento ~-· ~< before me, Susan Fournier, Notary Public (insert name and title of the officer) personally appeared Ryan Tash who proved to rne on the basis of satisfactory evidence to be the person(s) whose narne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the ,.. person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. .. "' I certify under PENAL TY OF PERJURY under tile laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) 354 PLATTE RIVER INSURANCE COMPANY POWER OF ATTORNEY 41322845 KNOW ALL MEN BY THESE PRESENTS, That the PLATTE RIVER INSURANCE COMPANY, a corporation of the State of Nebraska, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint ------------------------------------------------------------------JOHN T. PAGE;R YAN T ASH;CHRISTINE STRADFORD-----------------·---------------------------------------- its true and lawful Attorney( s )-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of -----------------------------------------WRITTEN INSTRUMENTS IN AN AMOUNTNOT TO EXCEED: $20,000,000.00-------------------------------------- This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the 8th day of Januaty, 2002. "RESOLVED, that the President, and Vice-President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings obligat01y in the nature thereof, one or more vice-presidents, assistant secretaries a11d attorney(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of the company; the signature of such officers and the seal of the Corporation may be affixed to such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Departinent of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact canhdt be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -Department of Highways of the Commonwealth of Kentucky at least thirty (30) days plior to the modification or revocation. IN WITNESS WHEREOJ<', the PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 8th day of January, 2014. Attest: Richard W. Allen III President Surety & Fidelity Operations STATE OF WISCONSIN }. s s . COUNTY OF DANE .... PLATTE RIVER INSURANCE COMPANY Stephen J. Sills CEO & President On the 8th day of January, 2014 before me personally came Stephen J. Stills, to me known, who being by me duly sworn, did depose and say: that he resides in the County of New York, State of New York; that he is President of PLATTE RIVER INSURANCE COMPANY, the corporation described herein and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. STATE OF WISCONSIN } s s . COUNTY OF DANE ... CERTIFICATE !}~IV~ Daniel W. Krueger Notaty Public, Dane Co., WI My Commission Is Permanent I, the undersigned, duly elected to the office stated below, now the incumbent in PLATTE RIVER INSURANCE COMPANY, a Nebraska Corporation, authorized to make this certificate, DO HEREBY CERTIFY· that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City of Middleton, State of Wisconsin this /""1"--day of b~ , 2 c:J// t24illi ~''" ~ Secretary THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL, 800-475-4450. PR-POA (Rev. 11-13) 355 PLATTE RIVER INSURANCE COMPANY Mailing Address: P.O. Box 5900 Madison WI 53705-0900 CALIFORNIA BUSINESS SERVICE BOND Bond Number A270044423 Limit of Liability $50.000.00 Deductible NIA In consideration of an agreed premium, PLATTE RIVER INSURANCE COMPANY, a corporation organized under the laws of the State of Nebraska and duly authorized to transact business in California (hereinafter called "Surety"), hereby agrees to indemnify lmpec Group. Inc. of, Santa Clara, CA (hereinafter called Insured), against loss of money or other property, real or personal, from the premises of any and all clients (hereinafter called "Client") to its services, or in which the Client has a pecuniary interest, or for which the Client is legally liable, which the Client shall sustain as the result of any fraudulent or dishonest act, as hereinafter defined, of an Employee or Employees of the Insured acting alone or in collusion with others, and for which the Insured is liable, the aggregate amount of indemnity on all Employees being Fifty Thousand and 00/100 dollars ($50,000.00), ·~ Clients means any third person or entity that has contracted for the services of the lnsured's Employees on the premises of the client, and shall include: Kl All Clients of the Insured. OR 0 Only the following Client Name: Address: By acceptance of this bond or policy, you give us notice canceling prior insurance or bond numbers; . Cancellation to become effective at the time this bond or policy becomes effective THE FOREGOING AGREEMENT IS SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS: SECTION 1: TERM OF BOND .Jlt The term of this bond begins with the filh (day of) Jyj~, 2015 (year), standard time at the address of the Insured above given, and ends at 12:00 AM. standard time, on the effective date of the cancellation of this bond in this entirety. SECTION 2: DISCOVERY PERIOD Loss is covered under this bond only (a) if sustained through any act or acts committed by any Employee of Insured while this bond is in force as to such employee, and (b) if discovered prior to the expiration or, termination or cancellation of this bond in its entirety as provided in Section 14, or whichever shall first happen. SECTION 3: LIMIT OF LIABILITY The most the Surety will pay for loss for any one occurrence is the Limit of Liability shown above. SECTION 4: DEDUCTIBLE We will not indemnify for any loss unless the amount of loss exceeds the Deductible Amount shown above. We will then indemnify the Insured for the amount of loss in excess of the Deductible Amount up to the Limit of Liability shown above. FBD 001 BSB CA (02-12) Copyright 2012; Capitol Transamerica Corporation Page 1of3 356 ·' CALIFORNIA BUSINESS SERVICE BOND (con't) SECTION 5: DEFINITION OF EMPLOYEE The word Employee or Employees, as used in this bond means any persons (except in the case of a corporation, directors or trustees of the Insured who are not also officers or employees of the Insured) in the regular service of the Insured in the ordinary course of the lnsured's business during the term of this bond, and whom the Insured compensates by salary or .wages and over which the Insured has control, and who are engaged in such service within any of the States of the United States of America and the District of Columbia. Employee or employees shall also mean the owner(s) of the named insured. Employee or Employees does not include brokers, factors, commission merchants, consignees, contractors, consultants or other agents or representatives of the same general character. SECTION 6: FRAUDULENT OR DISHONEST ACT A fraudulent or dishonest act of an employee of the insured shall mean an act causing a loss to the Client during the time the Employee is engaged in services wl1ile on the premises of the Client which is punishable under the criminal code in the JIJfisdiction within which act occurred, for which said employee is tried and convicted by a court of proper jurisdiction. ·SECTION 7: DEFINITION OF OCCURENCE ;''occurrence means all loss( es) caused by or involving one or more Employees whether the result of a single act or a series of acts without regard to the number of Clients involved. SECTION 8: MERGER OR CONSOLIDATION lf'any persons shall be taken Into the regular service of the Insured as an Employee through merger or consolidation with some other concern, then the Insured shall give the Surety written notice thereof and shall pay an additional premium as a result of such merger or consolidation computed pro rata from the date of such merger or consolidation to the end of the current premium period. SECTION 9: NON~ACCUMULATION OF LIABILITY Regardless of the number of years this bond shall continue In force and the number of premiums which shall be payable or p~id, the liability of Surety under this bond shall not be cumulative in the amount from year to year or from period to period. SECTION 10: LIMIT OF LIABILITY UNDER THIS BOND AND PRIOR INSURANCE: With respect to loss or losses caused by an Employee or which are chargeable to such Employee as provided in SECTION 6 and which occur partly under this bond and partly under other bonds or policies issued by the Surety to the Insured or to any predecessor in interest of the Insured and terminated or cancelled or allowed to expire and in which the period for discovery has not expired at the time any such loss or losses thereunder are discovered, the total liability of the Surety under this bond and under such other bonds or policies shall not exceed, in the aggregate, the amount carried under this bond on such loss or losses or the amount available to the Insured under such other bonds or policies, as limited by the terms and conditions thereof, for any such loss or losses, if the latter amount be the larger. SECTION 11: SALVAGE If the Insured shall sustain any loss or losses covered by this bond which exceed the amount of coverage provided by this bond, then the Insured shall be entitled to all recoveries, except from suretyship, insurance, reinsurance or other security and indemnity taken by or for the benefit of the Surety, by whomsoever made on account of such loss or losses under this bond until fully reimbursed, less the actual cost of effecting the same, and any remainder shall be applied to the reimbursement of the Surety. FBD 001 BSB CA (02-12) Copyright 2012; Capitol Transamerica Corporation Page 2 of 3 357 CALIFORNIA BUSINESS SERVICE BOND (con't) SECTION 12: TRANSFER OF RIGHTS OF RECOVERY The Insured, as a condition to coverage under this bond, must transfer to the Surety all rights of recovery, to the extent that a loss is paid by a company against any person or organization for any loss the Insured sustains and for which Surety has paid · or settled a claim. The Insured must also do everything necessary to secure those rights and do nothing after loss to impair them. SECTION 13: CANCELLATION AS TO ANY EMPLOYEE This bond shall be deemed cancelled as to any Employee: (a) Immediately upon discovery by the Insured, or by any partner or officer thereof not In collusion with such Employee, of any fraudulent or dishonest act on the part of such Employee; or (b) at 12:00 AM standard time, upon the effective date specified In a written notice from the Surety which served upon the Insured or sent by mail. The effective date of such notice shall not be less than ten days from the date of service, or less than fifteen days from the date of mailing. The mailing by Surety of notice, as aforesaid, to the Insured at its principal office shall be sufficient proof of notice. SECTION 14: CANCELLATION AS TO BOND IN ITS ENTIRETY this bond shall be deemed cancelled In its entirety at 12:00 AM standard time, upon the effective date specified in a written notice served by the Insured upon the Surety or by the Surety upon the Insured, or sent by email. The effective date of such notice shall not be less than ten days from the date of service, or less than fifteen days from the date of mailing. The mailing by the Surety of notice, as aforesaid, to the Insured at its principal office shall be sufficient proof of notice. The Surety shall refund to the Insured the unearned premium computed pro rata if this bond be cancelled at the instance of the Surety, or at short rate if cancelled or reduced at the instance of the Insured. SECTION 15: PRIOR FRAUD, DISHONESTY OR CANCELLATION To the best of the knowledge of the Insured, no Employee r1or any partner or officer of the Insured has committed any fraudulent or dishonest act in the service of the Insured or otherwise. If prior to the issuance of this bond, any fidelity insurance in favor of the Insured or any predecessor in interest of the Insured and covering one or more of the lnsured's employees shall have been cancelled as to any of such employees by reason of (a) the discovery of any fraudulent or dishonest act on the part of such employees, or (b) the giving of written notice of cancellation by the insurer issuing said fidelity insurance, whether the Surety or not, and if such employees shall not have been reinstated under the coverage of said fidelity insurance or superseding fidelity insurance, then the Surety shall not be liable under this bond on account of such employees unless the Surety shall agree in writing to include such employees within the coverage of this bond. SECTION 16: LOSS NOTICE PROOF LEGAL PROCEEDINGS As soon as practicable, and in no event later than fifteen days after discovery of any fraudulent or dishonest act on the part of any Employee by the Insured shall send written notice thereof to the Surety and within 120 days after such discovery shall file with the Surety affirmative proof of loss itemized and duly sworn to. Upon request of the Surety the Insured shall render every assistance, not pecuniary, to facilitate the investigation and adjustment of any loss. No suit to recover on account of loss under this bond shall be brought before the expiration of 60 days from the filing of proof as aforesaid on account of such loss, nor after the expiration of 450 days from the discovery as aforesaid of the fraudulent or dishonest act causing such loss. If any limitation in this bond for giving notice, filing claim or bringing suit is prohibited or n:iade void by any law controlling the construction of this bond, such limitation shall be deemed to be amended so as to be ·equal to the minimum period of limitation permitted by such law. Signed, Sealed and Dated Jul)! §1 '01~. _§r•. 0:. * --· SJgl1/iltlJf6 of Attorney-In-Pact Rxan L Tash _ _ . · Print orType Name of Attorney-In-Fact FBD 001 BSB CA (02-12) Copyright 2012; Capitol Transamerica Corporation Page 3 of 3 358 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento ' ~ On c3Z4 r/; ~/5 before me, __ s_u_sa_n_F_o_u_rn_ie_r,_N_ot_a_ry_P_u_bl_ic ________ _ / (insert name and title of the officer) personally appeared Ryan L Tash who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) 359 ':,- I • PLATTE RIVER INSURANCE COMPANY POWER OF ATTORNEY A270044423 KNOW ALL MEN BY THESE PRESENTS, That the PLATTE RlVER INSURANCE COMPANY, a corporation of the State of Nebraska, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint · Ryan L Tash its true and lawful Attorney(s).in·fact, to make, execute, seal and dGliver tbr and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of$50,000.00 for A270044423 on behalf of Impec Group, Inc. This Power of Attorney is granted and is signed and sealed hy fa()Bimile under mid by th1< authority of the following Resolution adopted by tho Board of Directors of PLATTE RIVER INSURANCE COMPANY at !l meeting duly called and held on the 8th day of January, 2002 . .. "RESOLVED, that the President, Executive Vice President, Vice President, Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attorney(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the foture with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed thrtt the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been give to the Commissioner -Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. IN WITNESS WHEREOF, the PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 81" day of February, 2015. Attest: l' . , j ;:ff:/;: ~:z··-.,; r t(J v'4)1/1f / fl G' Gary W. Stumper President Surety & Fidelity Operations STl\TE OF WISCONSIN } COUNTY OF DANE S.S.: PLATTE RIVER INSURANCE COMPANY Stephen J. Sills CEO & President On the 8th day ofFebrnary, 2015 before me personally came St0phen J. Sills, to me known, who being by me duly sworn, did depose and say: that he resides in the County of New York, State of New York; that he is President of PLATTE RIVER INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Daniel W. Krueger STATE OF WISCONSIN } Notary Public, Dane Co., WI COUNTY OF DANE S.S.: My Commission Is Permanent I, the undersigned, duly elected to the ot1:ice stated below, now the incumbent in PLATTE RIVER INSURANCE COMPANY, a Nebraska Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City of Middleton, State of Wisconsin this £th.__ day of~Ju""l._.y _____ , 201.L...... THIS DOCUMENT HAS BEEN GENERATED FOR A SPECIFIC BOND. AUTHENTICITY OF THIS DOCUMENT CALL 800·475-4450. Antonio Celii Secretary If YOU HA VE ANY QUESTIONS CONCERNING THE PR·POA (2-15) 360 PUBLIC WORKS DEPARTMENT Timm Borden, Director CITY HALL 10300 TORRE AVENUE ~ CUPERTINO, CA 95014-3266 (408) 777-3354 ~ FAX (408) 777-3333 June 12, 2018 Mr. Raffy Espiritu, CEO & President IMPEC Group, Inc. 3350 Scott Boulevard, Building 8 Santa Clara, CA 95054 Dear Mr. Espiritu In 2015 the City of Cupertino solicited competitive bidding for contractors to provide janitorial services at various public buildings throughout the City. The term of the awarded contract was for three years, with an option to extend the term year to year for up to five years total. The schedule of bid prices for the awarded contract was itemized among scopes of work for twenty various City facilities. The bid prices for these various City facilities were lump sum and inclusive of all labor and materials necessary to complete the janitorial services specified in the contract. In 2017, due to increases in the City minimum wage ordinance No. 2151, a first amendment to the contract was executed. This amendment detailed compensation through the time period of June 2018 and included methodology on how to calculate compensation through June 2020. Due to the good performance of IMPEC Group, Inc. in providing janitorial services to the City, the City desires to exercise the option to extend the agreement through June 2019. Please refer to paragraph 3.1 Contract Time of the first amendment. This extension will be subject to the same provisions as the original agreement as amended on January 24, 2017, including an increase or decrease in compensation paid to IMPEC Group, Inc. Specifically, the amendment states that, any such renewal shall contain the same provisions as the original agreement, including an increase or decrease in material compensation paid to the Contractor based only on the San Francisco Consumer Price Index (CPI-U) for June 2018 as compared to June 2017 and up to $4200 additional per month for every $1 increase in minimum wage above $13.50 per hour. By signing and returning this original document, IMPEC Group, Inc. is agreeing to this one year extension per the original terms of the 2015 Janitorial Services (Project No. 2015-23) and as amended by the first amendment dated January 24, 2017. Compensation 361 for the time period of July 1, 2018 through December 31, 2018 shall be per Attachment A. Compensation for the time period of January 1, 2019 through June 30, 2019 shall be per Attachment B. Each attachment includes $400 additional per month for Sa-Su Day Porter to allow for two more hours of extended library hours per week. Thank you for your service. IMPEC Group, Inc. __________________________ __________________________ Signature Timm Borden Director of Public Works Raffy Espiritu CEO and President __________________________ Date 362 Attachment A Contract Price July 1, 2018 through December 31, 2018 (Minimum wage = $13.50/hour) ITEM DESCRIPTION Monthly 6M Total 1 Street Side containers 920.24$ 5,521.43$ 2 Blackberry Fann/Retreat Building 3,680.95$ 22,085.71$ 3 City Hall Building 5,674.81$ 34,048.86$ 4 Community Hall Building 1,840.48$ 11,042.86$ 5 Creekside Park Building 920.24$ 5,521.43$ 6 McClellan Ranch Environmental Education Center 2,300.60$ 13,803.57$ 7 Golf Course Restrooms 306.75$ 1,840.50$ 8 Library Building 11,042.86$ 66,257.14$ 9 McClellan Ranch Building & Museum 306.75$ 1,840.50$ 10 Monte Vista Recreation & Pre-School Buildings 2,607.35$ 15,644.07$ 11 Park Restrooms 2,300.60$ 13,803.57$ 12 Portal Park Building 306.75$ 1,840.50$ 13 Quinlan Community Center/ History 8,282.14$ 49,692.85$ 14 Senior Center 4,294.45$ 25,766.72$ 15 Service Center 2,147.23$ 12,883.36$ 16 Sports Center 6,748.42$ 40,490.50$ 17 Wilson Park 1,073.61$ 6,441.64$ 18 M-F Day Porter 6,134.93$ 36,809.57$ 19 Call Back for unscheduled / emergency cleaning 90.26$ 541.57$ 20 Unscheduled carpet cleaning 257.89$ 1,547.36$ 21 Sa-Su Day porter 2,409.40$ 14,456.40$ 22 Sa-Su Day porter (adding 2 hours/week on weekends)400.00$ 2,400.00$ 63,646.69$ 64,046.69$ 384,280.12$ Note: 1 2 April 2018 CPI of 3.2% is applied for now Subject to adjustments when June 2018 CPI is available We are applying CPI increase against only the material compensation, in the amount of $438.19 ($13,693.55*3.2%) 7/1/18-12/31/18 Out of the current service fee ($63,208.49), $13,693.55 is material compensation. 363 Attachment B Contract Price January 1, 2019 through June 30, 2019 (Minimum wage = $15.00/hour) ITEM DESCRIPTION Monthly 6M Total 1 Street Side containers 1,010.76$ 6,064.55$ 2 Blackberry Fann/Retreat Building 4,043.03$ 24,258.19$ 3 City Hall Building 6,233.02$ 37,398.10$ 4 Community Hall Building 2,021.52$ 12,129.10$ 5 Creekside Park Building 1,010.76$ 6,064.55$ 6 McClellan Ranch Environmental Education Center 2,526.89$ 15,161.37$ 7 Golf Course Restrooms 336.92$ 2,021.54$ 8 Library Building 12,129.10$ 72,774.57$ 9 McClellan Ranch Building & Museum 336.92$ 2,021.54$ 10 Monte Vista Recreation & Pre-School Buildings 2,863.82$ 17,182.91$ 11 Park Restrooms 2,526.89$ 15,161.37$ 12 Portal Park Building 336.92$ 2,021.54$ 13 Quinlan Community Center/ History 9,096.82$ 54,580.93$ 14 Senior Center 4,716.88$ 28,301.28$ 15 Service Center 2,358.44$ 14,150.64$ 16 Sports Center 7,412.23$ 44,473.38$ 17 Wilson Park 1,179.21$ 7,075.28$ 18 M-F Day Porter 6,738.40$ 40,430.37$ 19 Call Back for unscheduled / emergency cleaning 99.14$ 594.85$ 20 Unscheduled carpet cleaning 283.26$ 1,699.56$ 21 Sa-Su Day porter 2,646.40$ 15,878.41$ 22 Sa-Su Day porter (adding 2 hours/week on weekends)439.35$ 2,636.08$ 70,346.69$ 422,080.12$ 1/1/19-6/30/19 364 1 RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING A ONE YEAR EXTENSION OF THE CONTRACT WITH IMPEC GROUP, INC. JANITORIAL SERVICES AT VARIOUS CITY BUILDINGS FOR A TOTAL OF $806,360, AND AUTHORIZING AN AMENDMENT TO FY18/19 ANNUAL OPERATING BUDGET TO APPROPRIATE AN ADDITIONAL $4,800 FOR JANITORIAL SERVICES NEEDED FOR EXTENDED LIBRARY HOURS WHEREAS, the City of Cupertino (City), a municipal corporation and general law city duly organized and existing under and pursuant to the laws of the State of California (City) is authorized to enter contracts on its behalf and for the benefit of the City; WHEREAS, the City completed the formal bidding process for the 2015 Contractual Janitorial Services in June 2015 and IMPEC GROUP, INC. was selected as the lowest responsible bidder; WHEREAS, the City and IMPEC Group, Inc. entered into a three-year Agreement for janitorial services for an initial annual amount of $592,308 on June 16, 2015; WHEREAS, the original 2015 Agreement was amended on January 24, 2017 due to wage increases resulting from the City’s Minimum Wage Ordinance No. 2151 and indexed consumer price increases pursuant to the terms of the original Agreement , for a total amount of $720,372 for the period July 1, 2017 to June 30, 2018; WHEREAS, the Agreement with IMPEC Group, Inc. will expire on June 30, 2018 unless the option to extend for the first of two one year terms is exercised; WHEREAS, Cupertino Library hours have been extended and require additional janitorial services, and the City desires to extend the contract with IMPEC Group, Inc. for these additional services; WHEREAS, staff recommends extending for one year the current Agreement with IMPEC Group, INC. for janitorial services to include increases for additional services to the library, as well as indexed consumer price increases and increases due to the City’s Minimum Wage Ordinance. 365 2 NOW, THEREFORE, BE IT RESOLVED that the City Council hereby: 1. Authorizes the City Manager or designee to negotiate and execute a one-year extension (July 1, 2018 – June 30, 2019) of the Contractual Janitorial Services contract with IMPEC Group, Inc. as amended, in the amount of $384,280 for the period of July 1, 2018 – December 31, 2018 and $422,080 for the period of January 1, 2019 – June 30, 2019 for a total amount of $806,360; and 2. Amends the Fiscal Year 2018/2019 Annual Operating Budget to include an increase of $4,800 to IMPEC Group, Inc. for the additional janitorial costs resulting from extended library hours. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino, this 3rdday of July 2018, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ________________________________ Grace Schmidt, City Clerk Darcy Paul, Mayor 366 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4115 Name: Status:Type:Second Reading of Ordinances Agenda Ready File created:In control:6/18/2018 City Council On agenda:Final action:7/3/2018 Title:Subject: Ordinance amendment of the collection procedures for the City's Transient Occupancy Tax (TOT), which is a tax imposed on travelers when they rent accommodations within the City pursuant to Cupertino Municipal Code Title 3, Chapter 3.12. Sponsors: Indexes: Code sections: Attachments:A - Draft Ordinance Action ByDate Action ResultVer. City Council7/3/2018 1 Subject: Ordinance amendment of the collection procedures for the City's Transient Occupancy Tax (TOT), which is a tax imposed on travelers when they rent accommodations within the City pursuant to Cupertino Municipal Code Title 3, Chapter 3.12. 1. Conduct the second reading of Ordinance No. 18-2174: "An Ordinance of the City Council of the City of Cupertino amending Chapter 3.12 of the Municipal Code to provide for the collection of transient occupancy taxes from short-term rentals using internet-based/social media platforms"; and 2. Enact the ordinance. Note: The first reading was conducted on June 19 and there were no changes to the ordinance. CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™367 ORDINANCE NO. 18-2174 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 3.12 OF THE MUNICIPAL CODE TO PROVIDE FOR THE COLLECTION OF TRANSIENT OCCUPANCY TAXES FROM SHORT-TERM RENTALS USING INTERNET-BASED/SOCIAL MEDIA PLATFORMS WHEREAS, since 1965 transient guests have paid a Transient Occupancy Tax (TOT) on hotel rooms in Cupertino. Like many other California cities, Cupertino uses this funding to provide essential public services through its general fund; and WHEREAS, the rate of the TOT has been twelve percent (12%) since 2011; and WHEREAS, all short term rental operators who rent accommodations within the City are subject to the City’s TOT ordinance but historically have not paid TOT to the City of Cupertino; and WHEREAS, the short-term rentals market is increasingly occupied by internet-based/social media platforms, such as Airbnb, HomeAway, FlipKey and VRBO. These businesses operate online marketplaces for owners and/or operators of real property to lease or rent short-term lodging, operating as a broker and receiving fees for booking services; and WHEREAS, internet-based/social media platforms may be able and willing to collect and remit TOT to the City of Cupertino on behalf of their platform users, including entering into voluntary collection agreements with the City, which would assist the City’s collection efforts and increase TOT revenue for the City; and WHEREAS, the City Council finds that amending the TOT ordinance is appropriate and advisable to define internet-based/social media platforms and provide for the collection of TOT from owners and/or operators of real property who use these platforms to lease or rent short-term lodging for short-term rentals, including the authority for the City to enter into contractual arrangements or voluntary collection agreements with internet-based/social media platforms for collection of TOT revenue. NOW, THEREFORE, the Council of the City of Cupertino does ordain as follows: SECTION ONE - Chapter 3.12 of the Cupertino Municipal Code is hereby amended to read as follows: 3.12.010 Short Title. This chapter shall be known as the “uniform transient occupancy tax ordinance” of the City. 3.12.020 Definitions. Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter: 368 A. “Person” means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit; B. “Hotel” means any structure, or any portion of any structure, which is occupied or intended or designed for short-term occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof; C. “Occupancy” means the use or possession, or the right to the use or possession of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes; D. “Transient” means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of the ordinance codified herein may be considered. “Transient” includes persons who book accommodations through internet-based/social host platforms; E. “Rent” means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever; F. “Operator” means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both; G. “Tax Administrator” means the City’s Director of Administrative Services or designee. H. “Internet-based/social media platform” means a business, such as Airbnb, HomeAway, FlipKey, and VRBO, that operates an online marketplace for owners and/or operators of real property to lease or rent short-term lodging, operating as a broker and receiving fees for booking services. 3.12.030 Imposition. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of twelve percent of the rent charged by the operator. The tax constitutes a debt owed by the transient to the City, which is extinguished only by payment to the operator or to the City. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient’s ceasing to occupy space in the hotel. If for any reason 369 the tax due is not paid to the operator of the hotel, the Tax Administrator may require that such tax is paid directly to the Tax Administrator. 3.12.050 Operator’s Duties. Each operator shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner hereinafter provided. For short-term rentals conducted through internet-based/social media platforms, the owners and/or operators of those platforms may be authorized by City to collect and remit taxes, in lieu of the owners and/or operators of the leased property. 3.12.060 Registration. Within thirty days after the effective date of the ordinance codified herein, or within thirty days after commencing business, whichever is later, each operator of any hotel renting occupancy to transients shall register the hotel with the Tax Administrator and obtain from him a “Transient Occupancy Registration Certificate” to be at all times posted in a conspicuous place on the premises. The certificate shall, among other things, state the following: A. The name of the operator; B. The address of the hotel; C. The date upon which the certificate was issued; D. This “Transient Occupancy Registration Certificate” signifies that the person named on the face hereof has fulfilled the requirements of the Uniform Transient Occupancy Tax Ordinance by registering with the Tax Administrator for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the Tax Administrator. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this city. This certificate does not constitute a permit. 3.12.070 Reporting and Remitting. Each operator shall, on or before the last day of the month following the close of each calendar quarter, or at the close of any shorter reporting period which may be established by the Tax Administrator, make a return to the Tax Administrator, on forms provided by him, of the total rents charged and received and the amount of tax collected for transient occupancies. At the time the return is filed, the full amount of the tax collected shall be remitted to the Tax Administrator. The Tax Administrator may establish shorter reporting periods for any certificate holder if he deems it necessary in order to insure collection of the tax and he may require further information in the return. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the City until payment thereof is made to the Tax Administrator. Where a transient pays rent in connection with lodging booked via an internet-based/social media platform, the operator of the property may be relieved of the duty to collect taxes only if the internet-based/social 370 media platform has entered into an agreement with the City for the collection and remittance of transient occupancy taxes. 3.12.080 Penalties and Interest. A. Original Delinquency. Any operator who fails to remit any tax imposed by this chapter within the time required shall pay a penalty often percent of the amount of the tax in addition to the amount of the tax. B. Continued Delinquency. Any operator who fails to remit any delinquent remittance on or before a period of thirty days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent of the amount of the tax in addition to the amount of the tax and the ten percent penalty first imposed. C. Fraud. If the Tax Administrator determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty-five percent of the amount of the tax shall be added thereto in addition to the penalties stated in subparagraphs A. and B. of this section. D. Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one-half of one percent per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. E. Penalties Merged With Tax. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax herein required to be paid. 3.12.090 Failure to Collect and Report Tax--Determination of Tax by Tax Administrator. If any operator fails or refuses to collect said tax and to make, within the time provided in this chapter, any report and remittance of said tax or any portion thereof required by this chapter, the Tax Administrator shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the Tax Administrator procures such facts and information as he is able to obtain upon which to base the assessment of any tax imposed by this chapter and payable by any operator who has failed or refused to coll ect the same and to make such report and remittance, he shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter. In case such determination is made, the Tax Administrator shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at his last known place of address. Such operator may within ten days after the serving or mailing of such notice make application in writing to the Tax Administrator for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the Tax Administrator shall become final and conclusive and immediately due and payable. If such application is made, the Tax Administrator shall give not less than five days written notice in the manner prescribed herein to the operator to show cause at a time and place fixed in said notice why said amount specified therein should not be fixed for such tax, interest and penalties. At such hearing, the operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such hearing the Tax Administrator shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed herein of such determination and the amount of such tax, interest and penalties. The amount determined 371 to be due shall be payable after fifteen days unless an appeal is taken as provided in Section 3.12.100. 3.12.100 Appeal. Any operator aggrieved by any decision of the Tax Administrator with respect to the amount of such tax, interest and penalties, if any, may appeal to the Council by filing a notice of appeal with the City Clerk within fifteen days of the serving or mailing of the determination of tax due. The Council shall fix a time and place for hearing such appeal, and the City clerk shall give notice in writing to such operator at his last known place of address. The findings of the Council shall be final and conclusive and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice. 3.12.110 Records. It shall be the duty of every operator liable for the collection and payment to the City of any tax imposed by this chapter to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and payment to the City, which records the Tax Administrator shall have the right to inspect at all reasonable times. 3.12.120 Refunds. A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the City under this chapter it may be refunded as provided in subparagraphs B. and C. of this section provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the Tax Administrator within three years of the date of payment. The claim shall be on forms furnished by the Tax Administrator. B. An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the Tax Administrator that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator. C. A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the City by filing a claim in the manner provided in subparagraph A. of this section, but only when the tax was paid by the transient directly to the Tax Administrator, or when the transient having paid the tax to the operator, establishes to the satisfaction of the Tax Administrator that the transient has been unable to obtain a refund from the operator who collected the tax. D. No refund shall be paid under the provisions of this section unless the claimant establishes his right thereto by written records showing entitlement thereto. 3.12.130 Actions to Collect. Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the City. Any such tax collected by an operator which has not been paid to the City shall be deemed a debt owed by the operator to the City. Any person 372 owing money to the City under the provisions of this chapter shall be liable to an action brought in the name of the City for the recovery of such amount. 3.12.140 Violation–Penalty. Any person who violates the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12. SECTION TWO - CEQA EXEMPTION. The City Council finds, based on its own independent judgment, that the proposed amendments to the Cupertino Municipal Code are exempt from requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) in that the proposed amendments are not a project which has the potential for causing a significant effect on the environment. A notice of Exemption will be filed with the County Clerk. SECTION THREE - INCONSISTENCIES REPEALED. This Ordinance is intended to be controlling on the authority to approve plans and designs of public improvements, and shall supersede all prior ordinances, resolutions, rules, or regulations that are in conflict herewith. Any provisions of the Cupertino Municipal Code, or appendices thereto, or any other ordinance of the City inconsistent herewith, are repealed only to the extent of such inconsistencies and no further. SECTION FOUR - IMPLEMENTATION. The City Council hereby authorizes and directs the City Manager to take any action and sign any documents necessary to implement this Ordinance. SECTION FIVE - SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The Council of the City of Cupertino hereby declares that they would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION SIX - EFFECTIVE DATE; PUBLICATION. The City Clerk is directed to post and publish this Ordinance in accordance with law in a newspaper of general circulation printed and published in the County of Santa Clara, or as otherwise required by law. This ordinance shall take effect thirty (30) days after adoption. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 19th day of June, 2018 and ENACTED at a regular meeting of the City Council of the City of Cupertino the ___________, by the following vote: 373 Vote: Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: ______________________ ______________________ Grace Schmidt, City Clerk Darcy Paul, Mayor, City of Cupertino 374 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-3971 Name: Status:Type:Public Hearings Agenda Ready File created:In control:5/8/2018 City Council On agenda:Final action:7/3/2018 Title:Subject: 2018-19 Community Development Block Grant (CDBG) Annual Action Plan Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Resolution B- Housing Commission Resolution No. 18-04 C - FY 2018-19 CDBG Annual Action Plan Action ByDate Action ResultVer. City Council7/3/2018 1 Subject: 2018-19 Community Development Block Grant (CDBG) Annual Action Plan 1. Conduct the Public Hearing; and 2. Adopt Resolution No. 18-068 adopting the FY 2018-19 Community Development Block Grant (CDBG) Annual Action Plan and authorizing the City Manager to submit the plan to the US Department of Housing and Urban Development (HUD); and 3. Authorize the appropriation of CDBG funds to the US Department of Housing (HUD) to allow spending of the fiscal year 2018-2019 grant award in the amount of $361,597 CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™375 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: July 3, 2018 Subject 2018-19 Community Development Block Grant (CDBG) Annual Action Plan. Recommended Action 1. Conduct the Public Hearing; and 2. Adopt Resolution the draft resolution adopting the FY 2018-19 Community Development Block Grant (CDBG) Annual Action Plan and authorizing the City Manager to submit the plan to the US Department of Housing and Urban Development (HUD); and 3. Authorize the appropriation of CDBG funds to the US Department of Housing (HUD) to allow spending of the fiscal year 2018-2019 grant award and program income in the amount of $369,541. Background The United States Department of Housing and Urban Development (HUD) annually allocates grants such as CDBG, Home Investment Partnerships Program (HOME), Housing Opportunities for People with AIDS (HOPWA), and Emergency Shelter Grants (ESG) to local jurisdictions for community development activities. Cupertino is one of nine entitlement jurisdictions within Santa Clara County. Jurisdictions typically must have a population of 50,000 or more to qualify as an entitlement jurisdiction that receives grant funding directly from HUD. Entitlement grants are largely allocated on a formula basis, based on several objective measures of community needs, included the extent of poverty, populations, housing overcrowding, age of housing, and extent of population growth lag in relationship to other metropolitan areas. As a requirement to receive these entitlement grants, Title I of the National Affordable Housing Act mandates that jurisdictions prepare a five-year Consolidated Plan, Annual Action Plan, and Consolidated Annual Performance Evaluation and Report (CAPER) that identifies local community development needs and sets forth a strategy to address these needs. The 2015- 2020 Consolidated Plan was adopted by City Council on April 7, 2015. City Council approved the fiscal year (FY) 2018-19 CDBG, Below Market Rate (BMR) Affordable Housing Funds (AHF), and Human Service Grant (HSG) funding allocations at their meeting on April 17, 2018. 376 2 Housing Commission Recommendation The Housing Commission held a public hearing on June 14, 2018 and recommended approval of the FY 2018-19 Annual Action Plan. 2018-19 CDBG Annual Action Plan The Annual Action Plan is a one-year plan that describes the eligible activities that the City intends to undertake in FY 2018-19 to address the needs and implement the strategies identified in the adopted 2015-20 Consolidated Plan. The Annual Action Plan describes the activities that the City intends to fund with HUD entitlement CDBG grant funds in FY 2018-19 to address priority housing and non-housing community development needs and to affirmatively further fair housing choice. Per HUD regulations, the City is required to make the 2018-18 CDBG Annual Action Plan available for public comments for thirty days. The 2018-19 Annual Action Plan was made available to the public at www.cupertino.org/housing and the City Clerk’s office from June 1, 2018 to June 30, 2018. No public comments have been received. The 2018-18 Annual Action Plan is due to HUD by August 16, 2018. FY 2018-19 CDBG Funding The City received notification from HUD on May 1, 2018 awarding $361,597.00 in CDBG funding for FY 2018-19. Due to delays in HUD funding allocations, the City originally estimated $311,943 in funds for FY 2018-19 funding allocations based on the CDBG entitlement amount of $311,943 from FY 2017-18. The City intends to reallocate $7,944 in program income from existing CDBG loan payoffs. Between the FY 2018 -19 entitlement grant and program income, the City will have a total of $369,541.00 in CDBG funds to utilize. On April 17, 2018, City Council awarded FY 2018-19 CDBG funding allocations with a Contingency Plan that allowed staff to adjust the estimated amounts at the time that HUD issued final funding allocations. Funding allocations are noted in the table below. FY 2018-19 CDBG Budget Entitlement Amount $361,597.00 Program Income FY 2017-18 $7,944.00 Sub-Total $369,541.00 Program Administration (20%) $73,908.20 Public Service (15%) $55,431.15 Capital/Housing Projects (65%) $240,201.65 Total $369,541.00 377 3 2018-19 Program Administration Funding Allocation A total of $73,908.20 has been allocated to program administration activities. Program administrative activities help to cover the costs for the overall management, coordination, and evaluation of the CDBG program, and the project delivery costs associated with bringing projects to completion. 2018-19 CDBG Public Service Funding Allocations A total of $55,431.15 has been allocated to eligible public service activities. Public service activities must benefit very low- and low-income households. Funding allocations are noted in the table below. FY 2018-19 CDBG Public Service Programs Live Oak Adult Day Services - Senior Adult Day Care / Caregiver Respite $20,431.15 West Valley Community Services (WVCS) – CARE Program $35,000.00 Total $55,431.15 2018-19 CDBG Capital Housing Funding Allocations A total of $240,201.65 has been allocated to eligible CDBG capital housing projects. Funding allocations are noted in the table below. FY 2018-19 CDBG Capital Housing Projects Rebuilding Together Silicon Valley – Housing Repair and Rehabilitation Project $64,000 West Valley Community Services – Vista Village Renovation Project $176,201.65 Total $240,201.65 Process This is the second of two public hearings required by HUD for CDBG. The first public hearing was held at a Housing Commission meeting on June 14, 2018. All required HUD notices are published in the Cupertino Courier newspaper in advance. Fiscal Impact Sufficient funding will be available and budgeted for FY 2018-19 CDBG funding allocations. CDBG programs and projects are funded by HUD grant funds. 378 4 Prepared by: Kerri Heusler, Senior Housing Planner Reviewed by: Aarti Shrivastava, Assistant City Manager Benjamin Fu, Assistant Community Development Director Approved for Submission by: David Brandt, City Manager Attachments: A - Draft Resolution B - Housing Commission Resolution No. 18-04 C - FY 2018-19 CDBG Annual Action Plan 379 RESOLUTION NO. 18-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO (1) ADOPTING THE FY 2018-19 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN (PLAN), (2) AUTHORIZING THE CITY MANAGER TO SUBMIT THE PLAN TO THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), AND (3) AUTHORIZING THE APPROPRIATION AND SPENDING OF FISCAL YEAR 2018-2019 GRANT AWARD AND PROGRAM INCOME IN THE AMOUNT OF $369, 541 WHEREAS, the Housing and Community Development Act of 1974 provides that funds be made available for the Community Development Block Grant (CDBG) program; and WHEREAS, the City of Cupertino will receive a $361,597 CDBG entitlement grant from the United States Department of Housing and Urban Development (HUD) to be allocated for fiscal year (FY) 2018-19 and estimates allocating $7,944 in CDBG program income for a total amount of $369,541; and WHEREAS, the City of Cupertino is required to submit a FY 2018-19 Annual Action Plan (Exhibit 1) to HUD for review and approval prior to being allowed to expend CDBG funds for FY 2018-19. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The City of Cupertino makes the certifications required by 24 CFR Sections 91.225 and 570.303 as contained in the Annual Action Plan for FY 2018-19. 2. The City Council of the City of Cupertino approves the Housing Commission’s recommendation and adopts the FY 2018-19 Annual Action Plan. 3. The City Manager is authorized to submit the FY 2018-19 Annual Action Plan for approval by HUD approved by the City Council of the City of Cupertino to HUD. 4. The appropriation and expenditure of $369,541 in CDBG funds are approved. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of July, 2018 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _______________________ __________________________ Grace Schmidt Darcy Paul City Clerk Mayor, City of Cupertino 380 Exhibit 1 FY 2018-19 Annual Action Plan 381 1 RESOLUTION NO. 18-04 A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY OF CUPERTINO RECCOMENDING APPROVAL OF THE FY 2018-19 CDBG ANNUAL ACTION PLAN TO CITY COUNCIL FOR FINAL ADOPTION WHEREAS, the Housing and Community Development Act of 1974 provides that funds be made available for the Community Development Block Grant (CDBG) Program; and WHEREAS, the City of Cupertino will receive a $361,597 CDBG entitlement grant from the United States Department of Housing and Urban Development (HUD) to be allocated for fiscal year (FY) 2018-19 and estimates allocating $7,944 in CDBG program income; and WHEREAS, the City of Cupertino is required to submit a FY 2018-19 Annual Action Plan (Exhibit 1) to HUD for review and approval prior to being allowed to expend CDBG funds for FY 2018-19; now, therefore: BE IT FURTHER RESOLVED that the Housing Commission of the City of Cupertino hereby recommends approval of the FY 2018-19 Annual Action Plan to City Council for final adoption; and PASSED AND ADOPTED at a regular meeting of the Housing Commission of the City of Cupertino this 14th day of June, 2018 by the following vote: Vote Members of the Housing Commission AYES: Chair Bose, Vice Chair Zhao, Kapil, Daruwalla NOES: none ABSENT: Goyal ABSTAIN: none ATTEST: APPROVED: /s/Erick Serrano /s/Sue Bose Erick Serrano Sue Bose Associate Planner Chair, Housing Commission 382 Page 1 of 41 City of Cupertino FY 2018-19 Annual Action Plan Annual Update of the City’s Consolidated Plan for Period July 1, 2018 to June 30, 2019 Public Review and Comment Period June 1, 2018- June 30, 2018 Prepared by the Department of Community Development 10300 Torre Avenue Cupertino, CA 95014 Approved by City Council ------- Resolution No. ______ 383 Page 2 of 41 Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) Introduction The City of Cupertino is an entitlement jurisdiction that receives federal funding from the Department of Housing and Urban Development (HUD) through the Community Development Block Grant (CDBG) Program. The purpose of CDBG funding is to help jurisdictions address their community development needs. CDBG grantees are eligible to use the resources they receive for Public Services, Community and Economic Development, Capital Improvement Projects (CIP) Public Facilities/Infrastructure, and CIP Housing Rehabilitation. Public Service projects provide social services and/or other direct support to individuals and households in need of assistance. Community and Economic Development projects are focused on assisting businesses and organizations with small business loans, façade improvements, and other initiatives. CIP Public Facilities/Infrastructure projects are those which aim to improve public facilities and infrastructure. CIP Housing Rehabilitation projects are for housing rehabilitation improvements of single and multi-unit housing. Summarize the objectives and outcomes identified in the Plan The City of Cupertino is a city in Santa Clara County (County), directly west of San Jose on the western edge of the Santa Clara Valley with portions extending into the foothills of the Santa Cruz Mountains. The population is 60,297 according to the American Community Survey (2012-2016 5-year Estimate). The City has one of the most educated resident populations in the country and is one of the most expensive cities to live in with a median home value of $2,358,449. The median list price per square foot in Cupertino is $1,038 (https://www.zillow.com/cupertino-ca/home- values/). The Action Plan provides a summary of how the City will utilizes its CDBG allocation to the meet the needs of the City’s lower income population. According to the ACS 2012-2016 data, 4.5% of all residents within the City had incomes below the federal poverty level. Of those residents, 2.8% were under the age of 18 while 6.6% were 65 years or older. Additionally, according to the 2017 Point in Time Homeless Census, there are 127 unsheltered homeless individuals living within the City of Cupertino. This number represents an increase of 74% from the 73 individuals that were counted in 2015. A total of $369,541.00 is available for funding projects and programs during the 2018-19 Program Year which correlates with the City Fiscal Year (FY) 2019. The City anticipates receiving $361,597.00 from the federal CDBG program. In addition, the City anticipates approximately $7,944.00 in program income. 384 Page 3 of 41 Cupertino has access to a variety of federal, state, and local resources to achieve its housing and community development priorities. Table A, FY 2018-19 CDBG Budget, summarizes the uses of the funds proposed during FY 2018-19 Specific funding resources will be utilized based on the opportunities and constraints of each particular project or program. Table A. Fiscal Year 2018-19 Budget Applicant Agency Budget CDBG Public Service (Two-Year Funding Cycle, FY 2018-19 & 2019-20) West Valley Community Services – Community Access to Resource and Education $35,000.00 Live Oak Adult Day Services – Senior Adult Day Care $20,431.15 Subtotal: $55,431.15 Planning and Administration Administration (20% of Grant Total) $73,908.20 2017/18 Program Income (PI) $7,944.00 CDBG Capital/Housing Projects (One-Year Funding Cycle, FY 2018-19) Rebuilding Together Silicon Valley – Housing Repair and Rehabilitation Program $64,000.00 West Valley Community Services – Vista Village Rehabilitation Project $176,201.65 Subtotal: $240,201.65 Grand Total $369,541.00 Evaluation of past performance The City is responsible for ensuring compliance with all rules and regulations associated with the CDBG and HOME entitlement grant programs. The City’s Annual Action Plans and CAPERs have provided many details about the goals, projects and programs completed by the City. The City recognizes that the evaluation of past performance is critical to ensure the City and its subrecipients are implementing activities effectively and that those activities align with the City’s overall strategies and goals. The City evaluates the performance of subrecipients providing public services on a quarterly basis. Subrecipients are required to submit quarterly progress reports, which include client data, performance objectives, as well as data on outcome measures. Prior to the start of the program year, program objectives are developed collaboratively by the subrecipient and the City, ensuring that they are aligned with the City's overall goals and strategies. The City utilizes the quarterly reports to review progress towards annual goals. Cupertino was successful in addressing the goals and objectives cited in the FY 2017-18 (July 1, 2017 – June 30, 2018) Action Plan. The CDBG funds were used to carry out activities that benefited low- and moderate-income persons. Only CDBG administration funds did not directly serve low- and moderate-income persons. Eligible funded public service activities included fair 385 Page 4 of 41 housing, food, clothing, senior services and emergency housing services. These activities continue to make a positive impact on identified needs in the community and are providing services that might otherwise have gone unmet. Eligible funded capital housing projects included a single family residence minor repair program which served low-income homeowners city-wide by addressing accessibility and health and safety measures and a multi-family residential rehabilitation project. As can be expected, community needs continue to exceed the available resources. Summary of Citizen Participation Process and Consultation Process The City, in collaboration with other jurisdictions and a consultant team, launched a comprehensive outreach strategy to enhance and broaden citizen participation in the preparation of the Consolidated Plan. The team informed the public that it was in the process of creating the 2015-2020 Consolidated Plan, and encouraged public participation in the process by conducting a Regional Needs Survey and hosting regional forums in collaboration with other jurisdictions in the County, and conducting local hearings. In addition to the extensive consultation conducted for the Consolidated Plan, as noted above, the City solicited additional input for the FY 2018-19 Annual Action Plan. As required by HUD, the City provides multiple opportunities for public review and comment on the Action Plan and on any substantial amendments to it. Per the City’s adopted Citizen Participation Plan, the City held a 30 day public review comment period for the Action Plan. The City published notifications of upcoming public hearings and the 30 day public review comment period in the local Cupertino Courier newspaper of general circulation. The City held two advertised public hearings on June 14, 2018 and July 3, 2018. The Action Plan 30-day public review period occurred from June 1, 2018 through June 30, 2018. Summary of public comments To date, no comments have been received. Summary of comments or views not accepted and the reasons for not accepting them The City accepts and responds to all comments that are submitted. As mentioned above, no public comments were received regarding the FY 2018 Action Plan. Summary Please see discussion above. 386 Page 5 of 41 PR-05 Lead & Responsible Agencies – 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan The City is the Lead and Responsible Agency for the HUD entitlement program in Cupertino. The Community Development Department is responsible for administering the City’s HUD entitlement grants, including the CDBG grant. By federal law, the City is required to submit to HUD a five- year Consolidated Plan and Annual Action Plans listing priorities and strategies for the use of federal funds. Table 1 – Responsible Agencies Agency Role Name Department/Agency Lead Agency Cupertino CDBG Administrator Cupertino Community Development Department The Consolidated Plan shows how the City plans to use its CDBG funds to meet the housing and community development needs of its residents. To update its 2015-2020 Consolidated Plan, the City collaborated with the County of Santa Clara (County) and other entitlement jurisdictions in the County to identify and prioritize housing and community development needs across the region, and to develop strategies to meet those needs. The FY 2018-19 Annual Action Plan represents the fourth year of CDBG funding of the 2015-2020 Consolidated Plan. Consolidated Plan Public Contact Information: Kerri Heusler Senior Housing Planner City of Cupertino Community Development Department Senior Housing Planner 10300 Torre Avenue Cupertino, CA 95014 Phone: 408-777-3251 Email: KerriH@cupertino.org 387 Page 6 of 41 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) Introduction The Action Plan is a one-year plan which describes the eligible programs, projects and activities to be undertaken with funds expected during FY 2018-19 (July 1, 2018 – June 30, 2019) and their relationship to the priority housing, homeless and community development needs outlined in the 2015-20 Consolidated Plan. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) During FY 2018-19, the City will continue to work with non-profit organizations in providing programs and services for low-income households; private industry, in particular financial and development groups, to encourage the development of affordable housing opportunities regionally and in the City; and other local jurisdictions in carrying out and monitoring regional projects in a coordinated and cost-effective manner. The City will provide technical assistance to the public service agencies it funds and will continue to attend the Regional CDBG/Housing Coordinators meeting. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The Santa Clara County Continuum of Care (CoC) is a multi-sector group of stakeholders dedicated to ending and preventing homelessness in the County. The CoC’s primary responsibilities are to coordinate large scale implementation of efforts to prevent and end homelessness in the County. The CoC is governed by the Santa Clara CoC Board (CoC Board), which stands as the driving force committed to supporting and promoting a systems change approach to preventing and ending homelessness in the County. The CoC Board is comprised of individuals who also serve on the Destination: Home (D:H) Leadership Board. D:H is a public-private partnership committed to collective impact strategies to end chronic homelessness, and leads the development of community wide strategy related to the CoC’s work. Currently, the County’s Office of Supportive Housing (OSH) is the Collaborative Application for the CoC. OSH is responsible for implementing by-laws and protocols that govern the operations of the CoC and ensuring that the CoC meets the requirements outlined under the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH). In 2015, D:H and the CoC released a Community Plan to End Homelessness in the County (the Plan), which outlined a roadmap for community-wide efforts to end homelessness in the County by 2020. The strategies and action steps included in the plan were informed by members who participated in a series of community summits designed to address the needs of homeless populations from April to August 2014. The Plan identifies strategies to address the needs of homeless persons in the 388 Page 7 of 41 County, including chronically homeless individuals and families, families with children, veterans, and unaccompanied youth. Additionally, it also intended to address the needs of persons at risk of homelessness. The City participates in the CoC. The City’s Senior Housing Planner regularly attends the CoC meetings. Members of the CoC meet on a monthly basis in various work groups to ensure successful implementation components of the Plan action steps. A Community Plan Implementation Team, which includes members of the CoC and other community stakeholders, meets quarterly to evaluate progress toward the Plan's goals, identify gaps in homeless services, establish funding priorities, and pursue an overall systematic approach to address homelessness. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City does not receive ESG funds. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities. The City consulted with various groups and organizations as part of the 2015-2020 Consolidated Plan process. Table 2, Agencies, groups, organizations who participated in the Consolidated Plan lists all of those parties who participated in the process. Table 2 – Agencies, Groups, Organizations who Participated in the 2015-2020 Consolidated Plan Process 1 Agency/Organization Abilities United Type of Agency/Organization Service Persons with Disabilities What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 2 Agency/Organization Afghan Center Type of Agency/Organization Cultural Organization 389 Page 8 of 41 What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 3 Agency/Organization California Housing Odd Fellows Foundation Type of Agency/Organization Housing, Services-Children, Community/Family Services and Organizations What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 4 Agency/Organization Casa de Clara San Jose Catholic Worker Type of Agency/Organization Services-Homeless, Services-Health What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 5 Agency/Organization Catholic Charities of Santa Clara County Type of Agency/Organization Services-Elderly Persons What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 6 Agency/Organization City of Campbell 390 Page 9 of 41 Type of Agency/Organization Other government – local What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 7 Agency/Organization City of Cupertino Type of Agency/Organization Other government – local What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 8 Agency/Organization City of Gilroy Type of Agency/Organization Other government – local What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 9 Agency/Organization City of Mountain View Type of Agency/Organization Other government – local What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 10 Agency/Organization Bill Wilson Center Type of Agency/Organization Services-Children What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan 391 Page 10 of 41 Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 11 Agency/Organization City of Palo Alto-Human Relations Commission Type of Agency/Organization Other government – local civic leaders What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 12 Agency/Organization City of San Jose Type of Agency/Organization Other government – local What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 13 Agency/Organization City of Santa Clara Type of Agency/Organization Other government – local What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 14 Agency/Organization City of Sunnyvale Type of Agency/Organization Other government – local What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 15 Agency/Organization Coldwell Banker Type of Agency/Organization Business leaders What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan 392 Page 11 of 41 Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 16 Agency/Organization Community School of Music and Arts Type of Agency/Organization Community Family Services and Organizations What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 17 Agency/Organization Community Services Agency of Mountain View and Los Altos Type of Agency/Organization Services-Elderly persons What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. Identify any Agency Types not consulted and provide rationale for not consulting There were no agency types that were not consulted as part of the 2015-2020 Consolidated Plan process. 393 Page 12 of 41 Other local/regional/state/federal planning efforts considered when preparing the Plan Table 3 – Other local / regional / federal planning efforts Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? City of Cupertino General Plan Housing Element (2014-2022) City of Cupertino The Housing Element serves as a policy guide to help the City plan for its existing and future housing needs. This effort aligns with the Strategic Plan's goal to assist in the creation and preservation of affordable housing for low-income and special needs households. Continuum of Care Regional Continuum of Care Council The Continuum of Care works to alleviate the impact of homelessness in the community through the cooperation and collaboration of social service providers. This effort aligns with the Strategic Plan's goal to prevent and end homelessness. Regional Housing Needs Assessment (RHNA) for the San Francisco Bay Area: 2014-2022 Association of Bay Area Governments This plan analyzes the total regional housing need for Santa Clara County and all of the Bay Area. This effort aligns with the Strategic Plan's goal to assist in the creation and preservation of affordable housing for low-income and special needs households. Community Plan to End Homelessness in Santa Clara County 2015-2020 Destination: Home This plan analyzes the total regional housing need for Santa Clara County and all of the Bay Area. This effort aligns with the Strategic Plan's goal to assist in the creation and preservation of affordable housing for low-income 394 Page 13 of 41 AP-12 Participation – 91.105, 91.200(c) Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The Housing Division of the Community Development Department is the lead agency for overseeing the development of the Consolidated Plan and Action Plan. Per the City’s adopted Citizen Participation Plan, the City is to allow a 30 day public review comment period for the Action Plan. The City has published notifications of upcoming public hearings and the 30 day public review comment period in the local Cupertino Courier newspaper of general circulation. The City held two advertised public hearings on June 14, 2018 and July 3, 2018. The Action Plan 30-day public review period occurred from June 1, 2018 through June 30, 2018. The City has not received any public comments to-date. 395 Page 14 of 41 Citizen Participation Outreach Table 4 – Citizen Participation Outreach 396 Page 15 of 41 Sort Order Mode of Outreach Target of Outreach Summary of response/atten dance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 1 Public Meeting Non targeted/broa d community The Housing Commission met on March 22, 2018 to discuss the FY 18-19 funding allocations. Non-profit agencies discussed their funding request and thanked the City for its continued support. Not applicable 2 Public meeting Non targeted/broa d community The City Council held a public hearing April 17, 2018 to discuss the FY 18-19 funding allocations. Members of the public discussed the funding requested and thanked the City for its continued support. Not applicable 3 Public meeting Non targeted/broa d community A public hearing notice was published in the Cupertino Courier and the public comment period was held from June 1, 2018 – June 30, 2018. There were no public comments received on the draft Action Plan. Not applicable 397 Page 16 of 41 Sort Order Mode of Outreach Target of Outreach Summary of response/atten dance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 4 Public Meeting Non targeted/broa d community The Housing Commission held a public hearing on June 14, 2018 to approve the FY 18/19 Annual Action Plan There were no public comments received on the Action Plan. Not applicable 5 Public Meeting Non targeted/broa d community The City Council meet on July 3, 2018 to approve the FY 18/19 Annual Action Plan. There were no public comments received on the Action Plan. Not applicable. AP-15 Expected Resources – 91.220(c) (1, 2) Introduction In FY 2018-19, the City will allocate approximately $369,541 to eligible activities that address the 398 Page 17 of 41 needs identified in the Consolidated Plan. Table 5 - Expected Resources – Priority Table Program Source of Funds Uses of Funds Expected Amount Available Expected Amount Available Reminder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG Public- Federal Acquisition Admin and Planning Economic Development Housing Public Improvement s Public Services $361,597.00 $7,944.00 $0.00 $369,541. 00 $0 CDBG funds will be used for the creation and preservation of affordable housing units and public services that benefit low- income and special needs households. Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Entitlement Funds The City leverages financial resources to maximize the reach and impact of the City’s HUD programs. The City joined the Santa Clara County HOME Consortium in 2015. HOME funds can be used to fund eligible affordable housing projects for acquisition, construction, and rehabilitation. Starting in FY 2015-16, developers of affordable housing projects were eligible to competitively apply through an annual RFP process. Applications are submitted to the County OSH for the HOME funds to help subsidize affordable housing projects within the City. If the City receives HOME funds from its participation in the HOME Consortium, the required 25% matching funds will be provided from the City’s Below Market Rate Affordable Housing Fund (BMR AHF). Currently, the BMR AHF had an available balance of approximately $5,000,000. The Veranda, which will be developed by Charities Housing, applied for and received $500,000 in HOME funds from the HOME Consortium. The property will provide 18 units low-income senior housing and 399 Page 18 of 41 one property manager unit to 18 households. The City provided a 25% match for the project. Other Federal Grant Programs In addition to the entitlement dollars listed above, the federal government has several other funding programs for community development and affordable housing activities. These include: the Section 8 Housing Choice Voucher Program, Section 202, Section 811, the Affordable Housing Program (AHP) through the Federal Home Loan Bank, and others. It should be noted that, in most cases, the City would not be the applicant for these funding sources as many of these programs offer assistance to affordable housing developers rather than local jurisdictions. County of Santa Clara and Local Housing and Community Development Sources There are a variety of countywide and local resources that support housing and community development programs. Some of these programs offer assistance to local affordable housing developers and community organizations while others provide assistance directly to individuals. These resources are discussed below: Below Market-Rate (BMR) Affordable Housing Fund (AHF) The BMR AHF receives its revenue from the payment of housing mitigation fees from non-residential (office, commercial, retail, research and development (R&D), hotel and industrial) and residential development. The non-residential housing mitigation fee jobs/housing nexus study acknowledges housing needs created by the development of office, commercial, retail, hotel, R&D and industrial development. A fee is applied to new square footage of non-residential development in the City. The fees collected are deposited in the City's BMR AHF and are to be used for the provision of affordable housing. A portion of the BMR AHF funds will be targeted to benefit extremely low-income households and persons with specials needs (such as the elderly, victims of domestic violence, and the disabled, including persons with development disabilities). General Fund Human Service Grants (HSG) Program Annually the City Council allocates funds from the General Fund to public and human service agencies within the City. In 2018-19, the City will allocate approximately $83,600 to various service providers including: Catholic Charities, Maitri, Senior Adults Legal Assistance (SALA), and West Valley Community Services. West Valley Community Services (WVCS) WVCS is a non-profit organization that administers affordable housing programs in-house which include providing support services to homeless individuals and managing an 400 Page 19 of 41 affordable housing property. Housing Trust Silicon Valley (HTSV) The HTSV is a public/private venture, dedicated to increasing affordable housing in the County. The HTSV makes available funds for developers to borrow for the construction of the affordable units. Cupertino originally contributed $250,000 to the fund and accessed the fund to assist in the development of Vista Village, a 24-unit affordable apartment complex constructed by BRIDGE Housing and Cupertino Community Services. Subsequently, the City contributed $25,000 in 2008, 2009, and 2010 and an additional $1,000,000 in 2011. The City’s one million dollar contribution has been committed to The Veranda, an affordable senior development in the City. Mortgage Credit Certificate (MCC) Program The MCC program provides assistance to first-time homebuyers by allowing an eligible purchaser to take 20% of their annual mortgage interest payment as a tax credit against federal income taxes. The County administers the MCC Program on behalf of the jurisdictions in the County, including Cupertino. The program does establish maximum sales price limits on units assisted in this program and, due to the high housing costs in Cupertino, there have been few households assisted in Cupertino in recent years. Santa Clara County Affordable Housing Fund (SCCAHF) In July 2002, the County Board of Supervisors created an Office of Affordable Housing and established a housing trust fund in the amount of $18.6 million to be used for affordable housing developments. The primary goal of the fund is to leverage funding with other sources and create affordable housing in the County. Density Bonus Ordinance The City's Density Bonus Ordinance allows up to a 35% increase in density for developments greater than 5 units that provide a proportion of units for very low- or low- income households or housing for senior citizens. In addition to the density bonus, certain incentives and/or concessions may also be eligible for the developer to apply for. If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City has no surplus vacant land that would be available for the development of housing or services. The City of Cupertino FY 2018-2019 Action Plan covers the time period from July 1, 2018 to June 30, 2019 (HUD Program Year 2018). The City’s FY 2018-2019 entitlement amount is $361,597.00. Additionally, the City estimates approximately $7,944.00 in program income, 401 Page 20 of 41 bringing the total estimated budget for FY 2018-2019 to $369,541.00 While HUD allocations are critical, the allocations are not sufficient to overcome barriers and address all needs that low-income individuals and families face in attaining self-sufficiency. The City will continue to leverage additional resources as described above to provide support and services to the populations in need within the community. The City is not eligible to receive direct funding under the HOME Investment Partnership Act (HOME), Emergency Solutions Grant (ESG), or Housing Opportunities for Persons with AIDS (HOPWA). These programs are also covered under the Consolidated Plan Regulations. Discussion Please see information provided in previous sections. 402 Page 21 of 41 Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Table 1 – Goals Summary Goal Name Start Year End Year Category Geogra phic Area Needs Addressed Projected Annual Funding Goal Outcome Indicator 1 Affordable housing 2015 2020 Affordabl e Housing N/A Affordable Housing CDBG $64,000.00 CDBG $176,201.6 6 Homeowner housing units rehabilitated: 7 Housing Units Rental units rehabilitated: 6 housing units 2 Homelessn ess 2015 2020 Homeless N/A Homelessness CDBG: $35,000.00 Public service activities other than for low/mod income housing benefit: 100 persons assisted 3 Strengthen Neighborh oods 2015 2020 Non- housing communit y developm ent Non- homeless special needs N/A Community services and public improvements CDBG $20,431.15 Public service activities other than for low/ mod income housing benefit: 21 persons assisted 4 Fair Housing 2015 2020 Non- Housing communit y developm ent N/A Fair Housing BMR Funds $43,000.00 Public service activities other than for low/mod income housing benefit: 5 persons assisted. 403 Page 22 of 41 Goal Descriptions Table 2 – Goal Descriptions 1 Goal Name Affordable Housing Goal Description Assist in the creation and preservation of affordable housing for low-income and special needs households 2 Goal Name Homelessness Goal Description Support activities to prevent and end homelessness 3 Goal Name Strengthen Neighborhoods Goal Description Support activities that strengthen neighborhoods through the provision of community services and public improvements to benefit low-income and special needs households 4 Goal Name Fair Housing Goal Description Promote fair housing choice Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b): Not applicable. 404 Page 23 of 41 AP-35 Projects – 91.220(d) The Consolidated Plan goals below represent high priority needs for the City and serve as the basis for the strategic actions the City will use to meet these needs. The goals, listed in no particular order, are: 1. Assist in the creation and preservation of affordable housing for low-income and special needs housing 2. Support activities to prevent and end homelessness. 3. Support activities that strengthen neighborhoods through the provision of community services and public improvements to benefit low-income and special needs households. 4. Promote fair housing choice. Table 8 – Project Information # Project Name 1 City of Cupertino – Planning & Administration 2 West Valley Community Services – Community Access to Resource and Education (CARE) 3 Live Oak Adult Day Services – Senior Adult Day Care 4 Rebuilding Together Silicon Valley – Housing Repair and Rehabilitation Program 5 West Valley Community Services – Vista Village Rehabilitation Project Describe the reasons for allocation priorities and any obstacles to addressing underserved needs. The City awards CDBG funding to nonprofit agencies to provide public services and housing for low-income and special needs households. The City operates on a two-year grant funding cycle for CDBG public service grants (FY 2017-2019), and a one-year cycle for CDBG capital housing projects (FY 2018-2019). Projects are only considered for funding within the Consolidated Plan period if they address the goals discussed above. The City’s overall allocation priorities are as follows: • CDBG administrative funds will not exceed the 20% cap of the estimated entitlement amount and program income. • CDBG public service funds will not exceed the 15% cap of the estimated entitlement amount and program income. • The remainder of CDBG funds (65%) is proposed to be allocated toward eligible capital housing projects. • Available uncommitted funds from the prior FY is proposed to be allocated for additional eligible CDBG capital housing projects. 405 Page 24 of 41 AP-38 Projects Summary Table 3 – Project Summary 1 Name of Organization: Live Oak Adult Day Services Project Name: Senior Adult Day Care Target Area: N/A Goal Supported: Strengthen Neighborhoods. Needs Addressed: Community services Funding: CDBG $20,431.15 Description: Provides specialized program of adult day care for frail elderly dependent adults who are residents of the City of Cupertino. Target Date: June 30, 2019 Estimated the number and type of families that will benefit from the proposed activities 21 unduplicated frail, depended, low-income Cupertino seniors. Location Description: Serves all residents. Services provided at 20920 McClellan Road, Cupertino. Planned Activities Provide services for seniors at-risk of being institutionalized. Provide specialized program such as recreation, mental stimulation, companionship and meals to seniors. 2. Name of Organization: West Valley Community Services (WVCS) Project Name: Community Access to Resource and Education (CARE) Target Area: N/A Goal Supported: Strengthen neighborhoods and homeless. Needs Addressed: Community Services and Homeless Services Funding: CDBG $35,000.00 Description: Support activities to prevent and end homelessness and support activities that strengthen neighborhoods through the provision of community services and public improvements to benefit low- income and special needs households. 406 Page 25 of 41 Target Date: June 30, 2019 Estimated the number and type of families that will benefit from the proposed activities: Serve a total of 100 unduplicated households by providing case management and support services. Location Description: Citywide Planned Activities: The CARE program incorporates both case management and wrap around services to help at-risk and vulnerable household’s manage crisis and provide stabilization to help them move towards self- sufficiency. The target population of the CARE program includes low- income seniors, families with children, at-risk youth and adults. The CARE program includes case management, access to food pantry and emergency financial assistance. 3. Name of Organization: Rebuilding Together Silicon Valley (RTSV) Name of Program: Housing Repair and Rehabilitation Project Target Area N/A Goal Supported: Affordable housing Needs Addressed: Community services, health and safety repairs and affordable housing Funding: CDBG $64,000.00 Description: Preserves affordable housing by transforming homes through critical repairs, accessibility modifications and energy efficient upgrades for low-income homeowners and community centers, at no cost to the service recipient. The majority of the low-income homeowners served are elderly seniors and/or people with disabilities, who are physically and financially unable to maintain safe and warm living conditions for themselves and their families Target Date June 30, 2019 Location Description: Citywide Planned Activities: Provide home safety repairs, mobility and accessibility improvements for low- income households in Cupertino with the primary consideration being the correction of safety hazards. 4. Name of Organization: West Valley Community Services Name of Program: Vista Village Rehabilitation Project Target Area: N/A Goal Supported: Affordable Housing 407 Page 26 of 41 Needs Addressed: Community services, health and safety repairs and affordable housing. Funding: $176,201.65 Description: This project will help revitalize Vista Village affordable housing complex with various repairs and renovations. This project aligns with the agency's vision of transforming the lives of low-income households by providing a safe and affordable home. Target Date: June 30, 2019 Location Description 10104 Vista Drive, Cupertino, CA 95014 Planned Activities: The total project scope includes repairing six housing units: 1. The repairs include laminate flooring, painting, new kitchen countertops, cabinets, replacing old carpets, and a new laminate floor for the bathroom. The residents of these units moved into their apartment in 2002 when the Vista Village complex was first built, and no significant repairs have been conducted since then. There are three one-bedroom units and three two-bedroom units that require these repairs. During the repairs, tenants will be temporarily relocated. 5. Name of Organization: City of Cupertino Name of Project: Administration and Planning Target Area: N/A Goal Supported Affordable housing, Homelessness, Strengthen Neighborhoods, Fair Housing Need Addressed Affordable housing, Homelessness, Strengthen Neighborhoods, Fair Housing Funding: CDBG $73,908.20 Description: Planning and administration Target Date: June 30, 2019 Location Description: City of Cupertino, Community Development 10300 Torre Avenue, Cupertino, CA 95014 Planned Activities: Administer the Administrative costs for the overall management, coordination, and evaluation of the CDBG program, and the project delivery costs associated with bringing projects to completion. 408 Page 27 of 41 AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Not applicable. The City has not established specific target areas to focus the investment of CDBG funds. Table 10 - Geographic Distribution Target Area Percentage of Funds Not applicable Not applicable Rationale for the priorities for allocating investments geographically Not applicable. Discussion Please see discussion above. 409 Page 28 of 41 Affordable Housing AP-55 Affordable Housing – 91.220(g) The City identified affordable housing as a primary objective for the expenditure of CDBG funds in the Consolidated Plan. Although CDBG entitlement dollars are limited, the City does anticipate expending a significant portion of its CDBG funds on the preservation and provision of affordable housing. A detailed discussion of how HUD entitlements will be used to support affordable housing needs within the City is provided in AP-20, with the number of households to be assisted itemized by goal. Table 11. One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households to be Supported Homeless 0 Non-Homeless 13 Special-Needs 0 Total 13 Table 12 - One Year Goals for Affordable Housing by Support Type One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 0 Rehab of Existing Units 13 Acquisition of Existing Units 0 Total 13 Discussion Please see discussion above. 410 Page 29 of 41 AP-60 Public Housing – 91.220(h) Introduction The Housing Authority of the County of Santa Clara (HACSC) assists approximately 17,000 households through the federal Section 8 Housing Choice Voucher program (Section 8). HACSC develops, controls, and manages more than 2,000 affordable rental housing properties throughout the County. HACSC’s programs are targeted toward LMI households and more than 80 percent of their client households are extremely low-income families, seniors, veterans, persons with disabilities, and formerly homeless individuals. In 2008, HACSC entered a ten-year agreement with HUD to become a Moving to Work (MTW) agency. The MTW program is a federal demonstration program that allows greater flexibility to design and implement more innovative approaches for providing housing assistance. Actions planned during the next year to address the needs to public housing Not applicable. HACSC owns and manages four public housing units, which are all located in the City of Santa Clara. Actions to encourage public housing residents to become more involved in management and participate in homeownership Although the majority of their units have been converted to affordable housing stock, HACSC is proactive in incorporating resident input into the agency’s policy-making process. An equitable and transparent policy-making process that includes the opinions of residents is achieved through the involvement of two tenant commissioners on the HACSC board. HACSC has been a MTW agency since 2008. In this time the agency has developed 31 MTW activities. The vast majority of its successful initiatives have been aimed at reducing administrative inefficiencies, which provides resources for programs aimed at LMI families. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance Not applicable. Discussion Please see discussion above. 411 Page 30 of 41 AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction The homeless assistance program planning network is governed by the Santa Clara Continuum of Care (CoC) and the Destination: Home Leadership Board, who serves as the CoC Board of Directors. The membership of the CoC is a collaboration of representatives from local jurisdictions comprised of community-based organizations, the Housing Authority of Santa Clara, governmental departments, health service agencies, homeless advocates, consumers, the faith community, and research, policy and planning groups. The homeless services system utilized by the CoC is referred to as the Homeless Management Information System (HMIS). The HMIS monitors outcomes and performance measures for all the homeless services agencies funded by the County. The CoC and its service providers transitioned to a new system referred to as Clarity. The system provides additional tools and resources to assist the CoC and service providers to track information regarding clients served. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including The City will provide $35,000 in CDBG funds to West Valley Community Services for the CARE program. The CARE program supports activities to prevent and end homelessness. The CARE program incorporates both case management and wrap around services to help at-risk and vulnerable households manage crisis and provides stabilization to help the clients move towards self-sufficiency. The target population of the CARE program includes low-income seniors, families with children, at-risk youth and adults. The CARE program includes case management, access to food pantry and emergency financial assistance. Additionally, the City will provide $40,000 in BMR funds to West Valley Community Services (WVCS) Haven to Home program. The goal of the Haven to Home (HTH) is to help currently un-housed Cupertino individuals and families secure permanent housing, maintain employment, enhance income opportunities and financial stability. The supportive services critical to the success of this program are intensive case management, housing search, landlord mediation, benefits clinic, and financial coaching. HTH aims to end homelessness and prevent homelessness by coordinating multilevel services and leveraging further resources in the community in order to build long-term stability and self-sufficiency for participants. Through this funding, WVCS will serve 50 homeless individuals and families whose last address was in Cupertino by moving them into permanent housing. The target population for this grant will be families or individuals who have become homeless in the City of Cupertino. Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs In January 2017, a Point in Time (PIT) count was conducted for Santa Clara County by the City of San Jose in conjunction with the County of Santa Clara. The PIT is an intense survey used to count the number of homeless living throughout Santa Clara County on the streets, in shelters, safe 412 Page 31 of 41 havens or in transitional housing, or in areas not meant for human habitation. The survey was conducted by hundreds of volunteers who asked those living on the streets, as well as the residents of shelters, safe havens and transitional housing, to respond to questions related to their needs. A portion of the survey addresses the needs of those surveyed. Cupertino financially contributed to this effort. The PIT found 127 unsheltered homeless individuals living within Cupertino. This number represents an increase of 74% from the 73 individuals that were counted in 2015. Countywide, the number of homeless increased from 6,556 in 2015 to 7,394 in 2017 – a 13% increase. The next PIT is scheduled for January 2019. Addressing the emergency shelter and transitional housing needs of homeless persons In FY 2018-2019, the City will allocate General Fund dollars to the following transitional housing programs: • Maitri – Direct Client Services: Provides transitional housing and related supportive services to low-income victims of domestic violence who are at high risk of becoming homeless and/or suffering further abuse to themselves and their children. The City will continue to coordinate services to the homeless through inter-agency such as efforts through the Collaborative, Help House the Homeless, and the Community Technology Alliance. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again In FY 2018-2019 the City will allocate CDBG dollars to the following services and programs: • West Valley Community Services – Community Access to Resource and Education (CARE) - The CARE program incorporates both case management and wrap around services to help at risk and vulnerable household’s mange crisis and provide stabilization to help them move towards self-sufficiency. The target population of the CARE program includes low-income seniors, families with children, at-risk youth and adults. The CARE program includes case management, access to food pantry and emergency financial assistance. Additionally, this year, the City will provide BMR funds to West Valley Community Services Haven to Home program. • West Valley Community Services – Haven to Home Program - The goal of the Haven to Home (HTH) is to help currently un-housed Cupertino individuals and families secure permanent housing, maintain employment, enhance income opportunities and financial stability. The supportive services critical to the success of this program are intensive case management, housing search, landlord mediation, benefits clinic, and 413 Page 32 of 41 financial coaching. HTH aims to end homelessness and prevent homelessness by coordinating multilevel services and leveraging further resources in the community in order to build long-term stability and self-sufficiency for participants. Through this funding, WVCS will serve 50 homeless individuals and families whose last address was in Cupertino by moving them into permanent housing. The target population for this grant will be families or individuals who have become homeless in the City of Cupertino. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. FY 2018-2019 CDBG and General Fund dollars will also fund the following: • Live Oak Adult Day Services – Senior Adult Day Care - Provides services for seniors at- risk of being institutionalized. Provides specialized programs such as recreation, mental stimulation, companionship and nutritious meals to seniors. • Catholic Charities of Santa Clara County – Long-Term Care Ombudsman – The program promotes the rights and well-being of residents in long term care facilities in the County and provides residents with a means by which their complaints can be heard and resolved. • SALA – Legal Assistance for the Elderly - Provides free legal services to low-income seniors at the Cupertino Senior Center. Legal services provided are in the area of consumer complaints, housing, elder abuse, and simple wills. • West Valley Community Services – Haven to Home (HTH)– The program will assist un- housed Cupertino individuals and families secure permanent housing, maintain employment, enhance income opportunities and financial stability. The supportive services critical to the success of this program are intensive case management, housing search, landlord mediation, benefits clinic, and financial coaching. HTH aims to end homelessness and prevent homelessness by coordinating multilevel services and leveraging further resources in the community in order to build long-term stability and self-sufficiency for participants. Along with the coordinated efforts described above, the City offers affordable housing and other public services targeted toward low-income families that are the most at-risk of becoming homeless. Discussion Please see above. 414 Page 33 of 41 AP- -75 Barriers to affordable housing – 91.220(j) Introduction The incorporated and unincorporated jurisdictions within the County face barriers to affordable housing that are common throughout the Bay Area. High on the list is the lack of developable land, which increases the cost of available lands and increases housing development costs. Local opposition is another common obstacle as many neighbors have strong reactions to infill and affordable housing developments. Their opposition is often based on misconceptions, such as a foreseen increase in crime; erosion of property values; increase in parking and traffic congestion; and overwhelmed schools. However, to ensure a healthy economy the region must focus on strategies and investment that provide housing for much of the region’s workforce – for example, sales clerks, secretaries, firefighters, police, teachers and health service workers – whose incomes significantly limit their housing choices. Even when developments produce relatively affordable housing, in a constrained housing supply market higher income buyers and renters generally outbid lower income households and a home’s final sale or rental price will generally far exceed the projected sales or rental costs. Public subsidies are often needed to guarantee affordable homes for LMI households. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City identified several potential constraints to the development, maintenance, and improvement of housing and affordable housing, in its 2015-2023 Housing Element update including: • General Plan - The General Plan indicates the allowable uses and densities at various locations in the City. The Land Use/Community Design section identifies five categories of residential uses based on dwelling unit density, expressed as the number of dwelling units permitted per gross acre. As such, a City’s General Plan contains several items that can affect the development and distribution of housing, such as land-use classifications, and density and intensity standards. • Zoning Ordinance - Zoning ordinances and other land-use controls have a direct effect on the availability and range of housing choices within a community. The Cupertino Zoning Ordinance establishes development standards and densities for new housing in the City. These regulations include minimum lot sizes, maximum number of dwelling units per acre, lot width, setbacks, lot coverage, maximum building height, and minimum parking requirements. • Parking Requirements - Parking requirements, when excessive, may serve as a constraint to housing development by increasing development costs and reducing the amount of land available for project amenities or additional units. The City’s parking requirements are higher than many other jurisdictions, particularly for single-family homes. Considering the 415 Page 34 of 41 high cost of land, the high parking standards may serve as a constraint to housing provision. • Site Improvements - Site improvement requirements are the responsibility of residential developers who are responsible for constructing road, water, sewer, and storm drainage improvements on new housing sites. Where a project has off-site impacts, such as increased storm water runoff or added traffic congestion at a nearby intersection, additional developer expenses may be necessary to mitigate impacts. These expenses may be passed on to consumers, as increased sales or rental costs. In general, residential developers interviewed for the 2014-2022 Housing Element update reported that the Cupertino’s public policies do not stand as a constraint to new housing production. Discussion As part of the Housing Element Update, the City has identified several strategies to increase affordable housing: • Designate sufficient land at appropriate densities to accommodate Cupertino’s Regional Housing Needs Allocation (RHNA) of 1,064 units for the 2014-2022 General Plan Housing Element planning period. Ensure that all new developments, including market-rate residential developments help mitigate project-related impacts on affordable housing needs. • Encourage the development of a diverse housing stock that provides a range of housing types (including smaller moderate cost housing) with an emphasis on the provision of housing for lower- and moderate-income households. • Continue to implement the Non-Residential Housing Mitigation Program that requires developers of office, hotel, research and development (R&D), retail and industrial space to pay a mitigation fee, which will be used to support affordable housing in the City. The mitigation fees are deposited in the City’s BMR AHF. • Continue to implement the Residential Housing Mitigation Program to mitigate the need for affordable housing created by new market-rate residential development. • The City will encourage use of density bonuses and incentives, as applicable, for housing developments. • Continue to encourage the development of adequate housing to meet the needs of extremely low-income households and persons with special needs (such as the elderly, victims of domestic violence, and the disabled). • Continue to facilitate housing opportunities for special needs persons by allowing emergency shelters as a permitted use in the “BQ” Quasi-Public zoning district. • Continue to retain a fair housing services provider to provide outreach, education, counseling, and investigation of fair housing complaints. Additionally, the City is addressing the barriers to affordable housing through the following programs and ordinances: Below Market Rate Affordable Housing Fund (BMR AHF) The City’s Below Market Rate (BMR) Affordable Housing Fund (AHF) receives its revenue from the payment of housing mitigation fees from non-residential (office, retail, 416 Page 35 of 41 research and development (R&D), hotel and industrial) and residential development. The residential BMR program applies to new residential developments greater than one unit. Homeownership developments of one to six units are required to pay an in-lieu fee. Homeownership developments of seven units are greater are required to designate 15 percent of the total number of units in an ownership development as affordable. Developers of market-rate rental units, where the units cannot be sold individually, must pay a housing mitigation fee to the BMR AHF. For non-residential housing mitigation in the City, a fee is applied to new square footage of development. The fee is then deposited in the City’s BMR AHF and is used for the provision of affordable housing. The City Council adopted a nexus study on May 5, 2015 that reassessed the housing mitigation fees developers pay to the BMR AHF. HOME Investment Partnerships Program (HOME) The City joined the County’s HOME Consortium in 2014. HOME funds can be used to fund eligible affordable housing projects for acquisition, construction and rehabilitation. Starting in the federal FY 2015, developers of affordable housing projects were eligible to competitively apply through an annual RFP process directly to the County for HOME funds to help subsidize affordable housing projects in Cupertino. 417 Page 36 of 41 AP-85 Other Actions – 91.220(k) Introduction This section discusses the City’s efforts in addressing the underserved needs, expanding and preserving affordable housing, reducing lead-based paint hazards, and developing institutional structure for delivering housing and community development activities. Actions planned to address obstacles to meeting underserved needs Actions planned to foster and maintain affordable housing The City will foster and maintain affordable housing by continuing the following programs and ordinances: • The City’s Accessory Dwelling Unit Ordinance, which allows an additional unit to be built on any already developed parcel containing a single family home. • The City’s Density Bonus Ordinance allows an increase in density for developments that provide a proportion of units for very low or low-income households or for seniors. • All new developments must either provide BMR units or pay a housing mitigation fee, which is placed in the City’s BMR AHF. • Homeownership developments between one unit and six units pay an in-lieu fee which is deposited into the City’s BMR AHF. Homeownership developments greater than six units must designate at least 15 percent of units within a development at a cost that makes the units affordable to median and moderate income households. • The City’s participation in the County’s HOME Consortium will allow developers of eligible affordable housing projects in the City to competitively apply through an annual RFP process directly to the County for HOME funds to help subsidize affordable housing projects in Cupertino, including acquisition, construction and rehabilitation. The City will fund its first project through the HOME consortium with the 25% match requirement. The project, The Veranda, will provide 18 units of low-income affordable housing to seniors and one property manager unit. Actions planned to reduce lead-based paint hazards Lead-based paint awareness and abatement will be fully integrated by the City of Cupertino into its assisted housing programs. Each tenant, landlord and property owner will be informed of the dangers, symptoms, testing, treatment and prevention of lead-based paint poisoning. Lead-based paint hazard stabilization or abatement will be provided in each and every rehabilitation project. Furthermore, adherence to Federal guidelines for reduction activities with lead-based paint is provided for in every federally funded rehabilitation loan. Actions planned to reduce the number of poverty-level families In a continuing effort to reduce poverty, the City will make it a priority to fund agencies that provide direct assistance to the homeless and those in danger of becoming homeless and make a commitment to improve the communication and service delivery capabilities of agencies and 418 Page 37 of 41 organizations that provide programs to assist the homeless. Depending on funding availability, the City will continue to provide assistance to public agencies and nonprofit organizations providing neighborhood housing services, supportive services to the homeless, older adults with physical or mental impairment, the mentally ill, victims of domestic violence, and households with abused children among others. Coordinate with public agencies providing job training, life skills training, lead poisoning prevention and remediation and other education programs are listed in the 2015-20 Consolidated Plan strategies. As discussed in AP-65, in FY 2018-2019 the City will allocate CDBG dollars to the following program: • West Valley Community Services – Community Access to Resource and Education (CARE) - The CARE program incorporates both case management and wrap around services to help at risk and vulnerable household’s manage crisis and provide stabilization to help them move towards self-sufficiency. The target population of the CARE program includes low-income seniors, families with children, at-risk youth and adults. The CARE program includes case management, access to food pantry and emergency financial assistance. • Live Oak Adult Day Services – Senior Adult Day Care – Serve 21 unduplicated frail, dependent, low-income Cupertino seniors. Provides services for seniors at-risk of being institutionalized. Provides specialized programs such as recreation, mental stimulation, companionship and nutritious meals to seniors. Actions planned to develop institutional structure City staff will continue the following collaborative efforts to improve institutional structure: • Regular quarterly meetings between entitlement jurisdictions at the CDBG Coordinators Meeting and Regional Housing Working Group • Joint jurisdiction Request for Proposals and project review committees • Coordination on project management for projects funded by multiple jurisdictions • HOME Consortium meetings between member jurisdictions for affordable housing projects Actions planned to enhance coordination between public and private housing and social service agencies. The City benefits from a strong jurisdiction and region-wide network of housing and community development partners, such as Regional Housing Working Group and the CoC. To improve intergovernmental and private sector cooperation, the City will continue to participate with other local jurisdictions and developers in sharing information and resources. In addition to the actions listed above, the City will continue to partner with nonprofit agencies to 419 Page 38 of 41 host a yearly Housing Fair to provide residents with access to developers, BMR managers, and housing agencies and programs. The City will also continue to leverage its BMR AHF to assist nonprofit affordable housing developers. Discussion Please see discussion above. 420 Page 39 of 41 Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed $7,944 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan $0 3. The amount of surplus funds from urban renewal settlements $0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. $0 5. The amount of income from float-funded activities $0 Total Program Income $7,944 Other CDBG Requirements 1. The amount of urgent need activities $0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income 100% 3. Overall Benefit – A consecutive period of one, two, or three years may be used to determine that a minimum overall benefit of 70 percent of CDBG funds is used to benefit persons of low and moderate income. Specify the years that include this Annual Action Plan 2018-19 Discussion Please see discussion above. 421 Page 40 of 41 Appendix A: Public Comments City of Cupertino Citizen Participation Comments FY 2018-2019 Annual Action Plan There were no comments received during the public review period. 422 Page 41 of 41 Appendix B: Public Hearing Notice Appendix C: Application for Federal Assistance Form SF-424 and SF-424D Appendix D: Certifications 423 Page 1 of 41 City of Cupertino FY 2018-19 Annual Action Plan Annual Update of the City’s Consolidated Plan for Period July 1, 2018 to June 30, 2019 Public Review and Comment Period June 1, 2018- June 30, 2018 Prepared by the Department of Community Development 10300 Torre Avenue Cupertino, CA 95014 Approved by City Council ------- Resolution No. ______ 424 Page 2 of 41 Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) Introduction The City of Cupertino is an entitlement jurisdiction that receives federal funding from the Department of Housing and Urban Development (HUD) through the Community Development Block Grant (CDBG) Program. The purpose of CDBG funding is to help jurisdictions address their community development needs. CDBG grantees are eligible to use the resources they receive for Public Services, Community and Economic Development, Capital Improvement Projects (CIP) Public Facilities/Infrastructure, and CIP Housing Rehabilitation. Public Service projects provide social services and/or other direct support to individuals and households in need of assistance. Community and Economic Development projects are focused on assisting businesses and organizations with small business loans, façade improvements, and other initiatives. CIP Public Facilities/Infrastructure projects are those which aim to improve public facilities and infrastructure. CIP Housing Rehabilitation projects are for housing rehabilitation improvements of single and multi-unit housing. Summarize the objectives and outcomes identified in the Plan The City of Cupertino is a city in Santa Clara County (County), directly west of San Jose on the western edge of the Santa Clara Valley with portions extending into the foothills of the Santa Cruz Mountains. The population is 60,297 according to the American Community Survey (2012-2016 5-year Estimate). The City has one of the most educated resident populations in the country and is one of the most expensive cities to live in with a median home value of $2,358,449. The median list price per square foot in Cupertino is $1,038 (https://www.zillow.com/cupertino-ca/home- values/). The Action Plan provides a summary of how the City will utilizes its CDBG allocation to the meet the needs of the City’s lower income population. According to the ACS 2012-2016 data, 4.5% of all residents within the City had incomes below the federal poverty level. Of those residents, 2.8% were under the age of 18 while 6.6% were 65 years or older. Additionally, according to the 2017 Point in Time Homeless Census, there are 127 unsheltered homeless individuals living within the City of Cupertino. This number represents an increase of 74% from the 73 individuals that were counted in 2015. A total of $369,541.00 is available for funding projects and programs during the 2018-19 Program Year which correlates with the City Fiscal Year (FY) 2019. The City anticipates receiving $361,597.00 from the federal CDBG program. In addition, the City anticipates approximately $7,944.00 in program income. 425 Page 3 of 41 Cupertino has access to a variety of federal, state, and local resources to achieve its housing and community development priorities. Table A, FY 2018-19 CDBG Budget, summarizes the uses of the funds proposed during FY 2018-19 Specific funding resources will be utilized based on the opportunities and constraints of each particular project or program. Table A. Fiscal Year 2018-19 Budget Applicant Agency Budget CDBG Public Service (Two-Year Funding Cycle, FY 2018-19 & 2019-20) West Valley Community Services – Community Access to Resource and Education $35,000.00 Live Oak Adult Day Services – Senior Adult Day Care $20,431.15 Subtotal: $55,431.15 Planning and Administration Administration (20% of Grant Total) $73,908.20 2017/18 Program Income (PI) $7,944.00 CDBG Capital/Housing Projects (One-Year Funding Cycle, FY 2018-19) Rebuilding Together Silicon Valley – Housing Repair and Rehabilitation Program $64,000.00 West Valley Community Services – Vista Village Rehabilitation Project $176,201.65 Subtotal: $240,201.65 Grand Total $369,541.00 Evaluation of past performance The City is responsible for ensuring compliance with all rules and regulations associated with the CDBG and HOME entitlement grant programs. The City’s Annual Action Plans and CAPERs have provided many details about the goals, projects and programs completed by the City. The City recognizes that the evaluation of past performance is critical to ensure the City and its subrecipients are implementing activities effectively and that those activities align with the City’s overall strategies and goals. The City evaluates the performance of subrecipients providing public services on a quarterly basis. Subrecipients are required to submit quarterly progress reports, which include client data, performance objectives, as well as data on outcome measures. Prior to the start of the program year, program objectives are developed collaboratively by the subrecipient and the City, ensuring that they are aligned with the City's overall goals and strategies. The City utilizes the quarterly reports to review progress towards annual goals. Cupertino was successful in addressing the goals and objectives cited in the FY 2017-18 (July 1, 2017 – June 30, 2018) Action Plan. The CDBG funds were used to carry out activities that benefited low- and moderate-income persons. Only CDBG administration funds did not directly serve low- and moderate-income persons. Eligible funded public service activities included fair 426 Page 4 of 41 housing, food, clothing, senior services and emergency housing services. These activities continue to make a positive impact on identified needs in the community and are providing services that might otherwise have gone unmet. Eligible funded capital housing projects included a single family residence minor repair program which served low-income homeowners city-wide by addressing accessibility and health and safety measures and a multi-family residential rehabilitation project. As can be expected, community needs continue to exceed the available resources. Summary of Citizen Participation Process and Consultation Process The City, in collaboration with other jurisdictions and a consultant team, launched a comprehensive outreach strategy to enhance and broaden citizen participation in the preparation of the Consolidated Plan. The team informed the public that it was in the process of creating the 2015-2020 Consolidated Plan, and encouraged public participation in the process by conducting a Regional Needs Survey and hosting regional forums in collaboration with other jurisdictions in the County, and conducting local hearings. In addition to the extensive consultation conducted for the Consolidated Plan, as noted above, the City solicited additional input for the FY 2018-19 Annual Action Plan. As required by HUD, the City provides multiple opportunities for public review and comment on the Action Plan and on any substantial amendments to it. Per the City’s adopted Citizen Participation Plan, the City held a 30 day public review comment period for the Action Plan. The City published notifications of upcoming public hearings and the 30 day public review comment period in the local Cupertino Courier newspaper of general circulation. The City held two advertised public hearings on June 14, 2018 and July 3, 2018. The Action Plan 30-day public review period occurred from June 1, 2018 through June 30, 2018. Summary of public comments To date, no comments have been received. Summary of comments or views not accepted and the reasons for not accepting them The City accepts and responds to all comments that are submitted. As mentioned above, no public comments were received regarding the FY 2018 Action Plan. Summary Please see discussion above. 427 Page 5 of 41 PR-05 Lead & Responsible Agencies – 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan The City is the Lead and Responsible Agency for the HUD entitlement program in Cupertino. The Community Development Department is responsible for administering the City’s HUD entitlement grants, including the CDBG grant. By federal law, the City is required to submit to HUD a five- year Consolidated Plan and Annual Action Plans listing priorities and strategies for the use of federal funds. Table 1 – Responsible Agencies Agency Role Name Department/Agency Lead Agency Cupertino CDBG Administrator Cupertino Community Development Department The Consolidated Plan shows how the City plans to use its CDBG funds to meet the housing and community development needs of its residents. To update its 2015-2020 Consolidated Plan, the City collaborated with the County of Santa Clara (County) and other entitlement jurisdictions in the County to identify and prioritize housing and community development needs across the region, and to develop strategies to meet those needs. The FY 2018-19 Annual Action Plan represents the fourth year of CDBG funding of the 2015-2020 Consolidated Plan. Consolidated Plan Public Contact Information: Kerri Heusler Senior Housing Planner City of Cupertino Community Development Department Senior Housing Planner 10300 Torre Avenue Cupertino, CA 95014 Phone: 408-777-3251 Email: KerriH@cupertino.org 428 Page 6 of 41 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) Introduction The Action Plan is a one-year plan which describes the eligible programs, projects and activities to be undertaken with funds expected during FY 2018-19 (July 1, 2018 – June 30, 2019) and their relationship to the priority housing, homeless and community development needs outlined in the 2015-20 Consolidated Plan. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) During FY 2018-19, the City will continue to work with non-profit organizations in providing programs and services for low-income households; private industry, in particular financial and development groups, to encourage the development of affordable housing opportunities regionally and in the City; and other local jurisdictions in carrying out and monitoring regional projects in a coordinated and cost-effective manner. The City will provide technical assistance to the public service agencies it funds and will continue to attend the Regional CDBG/Housing Coordinators meeting. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The Santa Clara County Continuum of Care (CoC) is a multi-sector group of stakeholders dedicated to ending and preventing homelessness in the County. The CoC’s primary responsibilities are to coordinate large scale implementation of efforts to prevent and end homelessness in the County. The CoC is governed by the Santa Clara CoC Board (CoC Board), which stands as the driving force committed to supporting and promoting a systems change approach to preventing and ending homelessness in the County. The CoC Board is comprised of individuals who also serve on the Destination: Home (D:H) Leadership Board. D:H is a public-private partnership committed to collective impact strategies to end chronic homelessness, and leads the development of community wide strategy related to the CoC’s work. Currently, the County’s Office of Supportive Housing (OSH) is the Collaborative Application for the CoC. OSH is responsible for implementing by-laws and protocols that govern the operations of the CoC and ensuring that the CoC meets the requirements outlined under the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH). In 2015, D:H and the CoC released a Community Plan to End Homelessness in the County (the Plan), which outlined a roadmap for community-wide efforts to end homelessness in the County by 2020. The strategies and action steps included in the plan were informed by members who participated in a series of community summits designed to address the needs of homeless populations from April to August 2014. The Plan identifies strategies to address the needs of homeless persons in the 429 Page 7 of 41 County, including chronically homeless individuals and families, families with children, veterans, and unaccompanied youth. Additionally, it also intended to address the needs of persons at risk of homelessness. The City participates in the CoC. The City’s Senior Housing Planner regularly attends the CoC meetings. Members of the CoC meet on a monthly basis in various work groups to ensure successful implementation components of the Plan action steps. A Community Plan Implementation Team, which includes members of the CoC and other community stakeholders, meets quarterly to evaluate progress toward the Plan's goals, identify gaps in homeless services, establish funding priorities, and pursue an overall systematic approach to address homelessness. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City does not receive ESG funds. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities. The City consulted with various groups and organizations as part of the 2015-2020 Consolidated Plan process. Table 2, Agencies, groups, organizations who participated in the Consolidated Plan lists all of those parties who participated in the process. Table 2 – Agencies, Groups, Organizations who Participated in the 2015-2020 Consolidated Plan Process 1 Agency/Organization Abilities United Type of Agency/Organization Service Persons with Disabilities What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 2 Agency/Organization Afghan Center Type of Agency/Organization Cultural Organization 430 Page 8 of 41 What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 3 Agency/Organization California Housing Odd Fellows Foundation Type of Agency/Organization Housing, Services-Children, Community/Family Services and Organizations What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 4 Agency/Organization Casa de Clara San Jose Catholic Worker Type of Agency/Organization Services-Homeless, Services-Health What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 5 Agency/Organization Catholic Charities of Santa Clara County Type of Agency/Organization Services-Elderly Persons What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 6 Agency/Organization City of Campbell 431 Page 9 of 41 Type of Agency/Organization Other government – local What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 7 Agency/Organization City of Cupertino Type of Agency/Organization Other government – local What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 8 Agency/Organization City of Gilroy Type of Agency/Organization Other government – local What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 9 Agency/Organization City of Mountain View Type of Agency/Organization Other government – local What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 10 Agency/Organization Bill Wilson Center Type of Agency/Organization Services-Children What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan 432 Page 10 of 41 Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 11 Agency/Organization City of Palo Alto-Human Relations Commission Type of Agency/Organization Other government – local civic leaders What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 12 Agency/Organization City of San Jose Type of Agency/Organization Other government – local What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 13 Agency/Organization City of Santa Clara Type of Agency/Organization Other government – local What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 14 Agency/Organization City of Sunnyvale Type of Agency/Organization Other government – local What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 15 Agency/Organization Coldwell Banker Type of Agency/Organization Business leaders What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan 433 Page 11 of 41 Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 16 Agency/Organization Community School of Music and Arts Type of Agency/Organization Community Family Services and Organizations What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. 17 Agency/Organization Community Services Agency of Mountain View and Los Altos Type of Agency/Organization Services-Elderly persons What section of the Plan was addressed by Consultation? Needs Assessment and Strategic Plan Describe how the Agency/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Agency attended Community Forum as part of the 2015-2020 Consolidated Plan process. Identify any Agency Types not consulted and provide rationale for not consulting There were no agency types that were not consulted as part of the 2015-2020 Consolidated Plan process. 434 Page 12 of 41 Other local/regional/state/federal planning efforts considered when preparing the Plan Table 3 – Other local / regional / federal planning efforts Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? City of Cupertino General Plan Housing Element (2014-2022) City of Cupertino The Housing Element serves as a policy guide to help the City plan for its existing and future housing needs. This effort aligns with the Strategic Plan's goal to assist in the creation and preservation of affordable housing for low-income and special needs households. Continuum of Care Regional Continuum of Care Council The Continuum of Care works to alleviate the impact of homelessness in the community through the cooperation and collaboration of social service providers. This effort aligns with the Strategic Plan's goal to prevent and end homelessness. Regional Housing Needs Assessment (RHNA) for the San Francisco Bay Area: 2014-2022 Association of Bay Area Governments This plan analyzes the total regional housing need for Santa Clara County and all of the Bay Area. This effort aligns with the Strategic Plan's goal to assist in the creation and preservation of affordable housing for low-income and special needs households. Community Plan to End Homelessness in Santa Clara County 2015-2020 Destination: Home This plan analyzes the total regional housing need for Santa Clara County and all of the Bay Area. This effort aligns with the Strategic Plan's goal to assist in the creation and preservation of affordable housing for low-income 435 Page 13 of 41 AP-12 Participation – 91.105, 91.200(c) Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The Housing Division of the Community Development Department is the lead agency for overseeing the development of the Consolidated Plan and Action Plan. Per the City’s adopted Citizen Participation Plan, the City is to allow a 30 day public review comment period for the Action Plan. The City has published notifications of upcoming public hearings and the 30 day public review comment period in the local Cupertino Courier newspaper of general circulation. The City held two advertised public hearings on June 14, 2018 and July 3, 2018. The Action Plan 30-day public review period occurred from June 1, 2018 through June 30, 2018. The City has not received any public comments to-date. 436 Page 14 of 41 Citizen Participation Outreach Table 4 – Citizen Participation Outreach 437 Page 15 of 41 Sort Order Mode of Outreach Target of Outreach Summary of response/atten dance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 1 Public Meeting Non targeted/broa d community The Housing Commission met on March 22, 2018 to discuss the FY 18-19 funding allocations. Non-profit agencies discussed their funding request and thanked the City for its continued support. Not applicable 2 Public meeting Non targeted/broa d community The City Council held a public hearing April 17, 2018 to discuss the FY 18-19 funding allocations. Members of the public discussed the funding requested and thanked the City for its continued support. Not applicable 3 Public meeting Non targeted/broa d community A public hearing notice was published in the Cupertino Courier and the public comment period was held from June 1, 2018 – June 30, 2018. There were no public comments received on the draft Action Plan. Not applicable 438 Page 16 of 41 Sort Order Mode of Outreach Target of Outreach Summary of response/atten dance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 4 Public Meeting Non targeted/broa d community The Housing Commission held a public hearing on June 14, 2018 to approve the FY 18/19 Annual Action Plan There were no public comments received on the Action Plan. Not applicable 5 Public Meeting Non targeted/broa d community The City Council meet on July 3, 2018 to approve the FY 18/19 Annual Action Plan. There were no public comments received on the Action Plan. Not applicable. AP-15 Expected Resources – 91.220(c) (1, 2) Introduction In FY 2018-19, the City will allocate approximately $369,541 to eligible activities that address the 439 Page 17 of 41 needs identified in the Consolidated Plan. Table 5 - Expected Resources – Priority Table Program Source of Funds Uses of Funds Expected Amount Available Expected Amount Available Reminder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG Public- Federal Acquisition Admin and Planning Economic Development Housing Public Improvement s Public Services $361,597.00 $7,944.00 $0.00 $369,541. 00 $0 CDBG funds will be used for the creation and preservation of affordable housing units and public services that benefit low- income and special needs households. Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Entitlement Funds The City leverages financial resources to maximize the reach and impact of the City’s HUD programs. The City joined the Santa Clara County HOME Consortium in 2015. HOME funds can be used to fund eligible affordable housing projects for acquisition, construction, and rehabilitation. Starting in FY 2015-16, developers of affordable housing projects were eligible to competitively apply through an annual RFP process. Applications are submitted to the County OSH for the HOME funds to help subsidize affordable housing projects within the City. If the City receives HOME funds from its participation in the HOME Consortium, the required 25% matching funds will be provided from the City’s Below Market Rate Affordable Housing Fund (BMR AHF). Currently, the BMR AHF had an available balance of approximately $5,000,000. The Veranda, which will be developed by Charities Housing, applied for and received $500,000 in HOME funds from the HOME Consortium. The property will provide 18 units low-income senior housing and 440 Page 18 of 41 one property manager unit to 18 households. The City provided a 25% match for the project. Other Federal Grant Programs In addition to the entitlement dollars listed above, the federal government has several other funding programs for community development and affordable housing activities. These include: the Section 8 Housing Choice Voucher Program, Section 202, Section 811, the Affordable Housing Program (AHP) through the Federal Home Loan Bank, and others. It should be noted that, in most cases, the City would not be the applicant for these funding sources as many of these programs offer assistance to affordable housing developers rather than local jurisdictions. County of Santa Clara and Local Housing and Community Development Sources There are a variety of countywide and local resources that support housing and community development programs. Some of these programs offer assistance to local affordable housing developers and community organizations while others provide assistance directly to individuals. These resources are discussed below: Below Market-Rate (BMR) Affordable Housing Fund (AHF) The BMR AHF receives its revenue from the payment of housing mitigation fees from non-residential (office, commercial, retail, research and development (R&D), hotel and industrial) and residential development. The non-residential housing mitigation fee jobs/housing nexus study acknowledges housing needs created by the development of office, commercial, retail, hotel, R&D and industrial development. A fee is applied to new square footage of non-residential development in the City. The fees collected are deposited in the City's BMR AHF and are to be used for the provision of affordable housing. A portion of the BMR AHF funds will be targeted to benefit extremely low-income households and persons with specials needs (such as the elderly, victims of domestic violence, and the disabled, including persons with development disabilities). General Fund Human Service Grants (HSG) Program Annually the City Council allocates funds from the General Fund to public and human service agencies within the City. In 2018-19, the City will allocate approximately $83,600 to various service providers including: Catholic Charities, Maitri, Senior Adults Legal Assistance (SALA), and West Valley Community Services. West Valley Community Services (WVCS) WVCS is a non-profit organization that administers affordable housing programs in-house which include providing support services to homeless individuals and managing an 441 Page 19 of 41 affordable housing property. Housing Trust Silicon Valley (HTSV) The HTSV is a public/private venture, dedicated to increasing affordable housing in the County. The HTSV makes available funds for developers to borrow for the construction of the affordable units. Cupertino originally contributed $250,000 to the fund and accessed the fund to assist in the development of Vista Village, a 24-unit affordable apartment complex constructed by BRIDGE Housing and Cupertino Community Services. Subsequently, the City contributed $25,000 in 2008, 2009, and 2010 and an additional $1,000,000 in 2011. The City’s one million dollar contribution has been committed to The Veranda, an affordable senior development in the City. Mortgage Credit Certificate (MCC) Program The MCC program provides assistance to first-time homebuyers by allowing an eligible purchaser to take 20% of their annual mortgage interest payment as a tax credit against federal income taxes. The County administers the MCC Program on behalf of the jurisdictions in the County, including Cupertino. The program does establish maximum sales price limits on units assisted in this program and, due to the high housing costs in Cupertino, there have been few households assisted in Cupertino in recent years. Santa Clara County Affordable Housing Fund (SCCAHF) In July 2002, the County Board of Supervisors created an Office of Affordable Housing and established a housing trust fund in the amount of $18.6 million to be used for affordable housing developments. The primary goal of the fund is to leverage funding with other sources and create affordable housing in the County. Density Bonus Ordinance The City's Density Bonus Ordinance allows up to a 35% increase in density for developments greater than 5 units that provide a proportion of units for very low- or low- income households or housing for senior citizens. In addition to the density bonus, certain incentives and/or concessions may also be eligible for the developer to apply for. If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City has no surplus vacant land that would be available for the development of housing or services. The City of Cupertino FY 2018-2019 Action Plan covers the time period from July 1, 2018 to June 30, 2019 (HUD Program Year 2018). The City’s FY 2018-2019 entitlement amount is $361,597.00. Additionally, the City estimates approximately $7,944.00 in program income, 442 Page 20 of 41 bringing the total estimated budget for FY 2018-2019 to $369,541.00 While HUD allocations are critical, the allocations are not sufficient to overcome barriers and address all needs that low-income individuals and families face in attaining self-sufficiency. The City will continue to leverage additional resources as described above to provide support and services to the populations in need within the community. The City is not eligible to receive direct funding under the HOME Investment Partnership Act (HOME), Emergency Solutions Grant (ESG), or Housing Opportunities for Persons with AIDS (HOPWA). These programs are also covered under the Consolidated Plan Regulations. Discussion Please see information provided in previous sections. 443 Page 21 of 41 Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Table 1 – Goals Summary Goal Name Start Year End Year Category Geogra phic Area Needs Addressed Projected Annual Funding Goal Outcome Indicator 1 Affordable housing 2015 2020 Affordabl e Housing N/A Affordable Housing CDBG $64,000.00 CDBG $176,201.6 6 Homeowner housing units rehabilitated: 7 Housing Units Rental units rehabilitated: 6 housing units 2 Homelessn ess 2015 2020 Homeless N/A Homelessness CDBG: $35,000.00 Public service activities other than for low/mod income housing benefit: 100 persons assisted 3 Strengthen Neighborh oods 2015 2020 Non- housing communit y developm ent Non- homeless special needs N/A Community services and public improvements CDBG $20,431.15 Public service activities other than for low/ mod income housing benefit: 21 persons assisted 4 Fair Housing 2015 2020 Non- Housing communit y developm ent N/A Fair Housing BMR Funds $43,000.00 Public service activities other than for low/mod income housing benefit: 5 persons assisted. 444 Page 22 of 41 Goal Descriptions Table 2 – Goal Descriptions 1 Goal Name Affordable Housing Goal Description Assist in the creation and preservation of affordable housing for low-income and special needs households 2 Goal Name Homelessness Goal Description Support activities to prevent and end homelessness 3 Goal Name Strengthen Neighborhoods Goal Description Support activities that strengthen neighborhoods through the provision of community services and public improvements to benefit low-income and special needs households 4 Goal Name Fair Housing Goal Description Promote fair housing choice Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b): Not applicable. 445 Page 23 of 41 AP-35 Projects – 91.220(d) The Consolidated Plan goals below represent high priority needs for the City and serve as the basis for the strategic actions the City will use to meet these needs. The goals, listed in no particular order, are: 1. Assist in the creation and preservation of affordable housing for low-income and special needs housing 2. Support activities to prevent and end homelessness. 3. Support activities that strengthen neighborhoods through the provision of community services and public improvements to benefit low-income and special needs households. 4. Promote fair housing choice. Table 8 – Project Information # Project Name 1 City of Cupertino – Planning & Administration 2 West Valley Community Services – Community Access to Resource and Education (CARE) 3 Live Oak Adult Day Services – Senior Adult Day Care 4 Rebuilding Together Silicon Valley – Housing Repair and Rehabilitation Program 5 West Valley Community Services – Vista Village Rehabilitation Project Describe the reasons for allocation priorities and any obstacles to addressing underserved needs. The City awards CDBG funding to nonprofit agencies to provide public services and housing for low-income and special needs households. The City operates on a two-year grant funding cycle for CDBG public service grants (FY 2017-2019), and a one-year cycle for CDBG capital housing projects (FY 2018-2019). Projects are only considered for funding within the Consolidated Plan period if they address the goals discussed above. The City’s overall allocation priorities are as follows: • CDBG administrative funds will not exceed the 20% cap of the estimated entitlement amount and program income. • CDBG public service funds will not exceed the 15% cap of the estimated entitlement amount and program income. • The remainder of CDBG funds (65%) is proposed to be allocated toward eligible capital housing projects. • Available uncommitted funds from the prior FY is proposed to be allocated for additional eligible CDBG capital housing projects. 446 Page 24 of 41 AP-38 Projects Summary Table 3 – Project Summary 1 Name of Organization: Live Oak Adult Day Services Project Name: Senior Adult Day Care Target Area: N/A Goal Supported: Strengthen Neighborhoods. Needs Addressed: Community services Funding: CDBG $20,431.15 Description: Provides specialized program of adult day care for frail elderly dependent adults who are residents of the City of Cupertino. Target Date: June 30, 2019 Estimated the number and type of families that will benefit from the proposed activities 21 unduplicated frail, depended, low-income Cupertino seniors. Location Description: Serves all residents. Services provided at 20920 McClellan Road, Cupertino. Planned Activities Provide services for seniors at-risk of being institutionalized. Provide specialized program such as recreation, mental stimulation, companionship and meals to seniors. 2. Name of Organization: West Valley Community Services (WVCS) Project Name: Community Access to Resource and Education (CARE) Target Area: N/A Goal Supported: Strengthen neighborhoods and homeless. Needs Addressed: Community Services and Homeless Services Funding: CDBG $35,000.00 Description: Support activities to prevent and end homelessness and support activities that strengthen neighborhoods through the provision of community services and public improvements to benefit low- income and special needs households. 447 Page 25 of 41 Target Date: June 30, 2019 Estimated the number and type of families that will benefit from the proposed activities: Serve a total of 100 unduplicated households by providing case management and support services. Location Description: Citywide Planned Activities: The CARE program incorporates both case management and wrap around services to help at-risk and vulnerable household’s manage crisis and provide stabilization to help them move towards self- sufficiency. The target population of the CARE program includes low- income seniors, families with children, at-risk youth and adults. The CARE program includes case management, access to food pantry and emergency financial assistance. 3. Name of Organization: Rebuilding Together Silicon Valley (RTSV) Name of Program: Housing Repair and Rehabilitation Project Target Area N/A Goal Supported: Affordable housing Needs Addressed: Community services, health and safety repairs and affordable housing Funding: CDBG $64,000.00 Description: Preserves affordable housing by transforming homes through critical repairs, accessibility modifications and energy efficient upgrades for low-income homeowners and community centers, at no cost to the service recipient. The majority of the low-income homeowners served are elderly seniors and/or people with disabilities, who are physically and financially unable to maintain safe and warm living conditions for themselves and their families Target Date June 30, 2019 Location Description: Citywide Planned Activities: Provide home safety repairs, mobility and accessibility improvements for low- income households in Cupertino with the primary consideration being the correction of safety hazards. 4. Name of Organization: West Valley Community Services Name of Program: Vista Village Rehabilitation Project Target Area: N/A Goal Supported: Affordable Housing 448 Page 26 of 41 Needs Addressed: Community services, health and safety repairs and affordable housing. Funding: $176,201.65 Description: This project will help revitalize Vista Village affordable housing complex with various repairs and renovations. This project aligns with the agency's vision of transforming the lives of low-income households by providing a safe and affordable home. Target Date: June 30, 2019 Location Description 10104 Vista Drive, Cupertino, CA 95014 Planned Activities: The total project scope includes repairing six housing units: 1. The repairs include laminate flooring, painting, new kitchen countertops, cabinets, replacing old carpets, and a new laminate floor for the bathroom. The residents of these units moved into their apartment in 2002 when the Vista Village complex was first built, and no significant repairs have been conducted since then. There are three one-bedroom units and three two-bedroom units that require these repairs. During the repairs, tenants will be temporarily relocated. 5. Name of Organization: City of Cupertino Name of Project: Administration and Planning Target Area: N/A Goal Supported Affordable housing, Homelessness, Strengthen Neighborhoods, Fair Housing Need Addressed Affordable housing, Homelessness, Strengthen Neighborhoods, Fair Housing Funding: CDBG $73,908.20 Description: Planning and administration Target Date: June 30, 2019 Location Description: City of Cupertino, Community Development 10300 Torre Avenue, Cupertino, CA 95014 Planned Activities: Administer the Administrative costs for the overall management, coordination, and evaluation of the CDBG program, and the project delivery costs associated with bringing projects to completion. 449 Page 27 of 41 AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Not applicable. The City has not established specific target areas to focus the investment of CDBG funds. Table 10 - Geographic Distribution Target Area Percentage of Funds Not applicable Not applicable Rationale for the priorities for allocating investments geographically Not applicable. Discussion Please see discussion above. 450 Page 28 of 41 Affordable Housing AP-55 Affordable Housing – 91.220(g) The City identified affordable housing as a primary objective for the expenditure of CDBG funds in the Consolidated Plan. Although CDBG entitlement dollars are limited, the City does anticipate expending a significant portion of its CDBG funds on the preservation and provision of affordable housing. A detailed discussion of how HUD entitlements will be used to support affordable housing needs within the City is provided in AP-20, with the number of households to be assisted itemized by goal. Table 11. One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households to be Supported Homeless 0 Non-Homeless 13 Special-Needs 0 Total 13 Table 12 - One Year Goals for Affordable Housing by Support Type One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 0 Rehab of Existing Units 13 Acquisition of Existing Units 0 Total 13 Discussion Please see discussion above. 451 Page 29 of 41 AP-60 Public Housing – 91.220(h) Introduction The Housing Authority of the County of Santa Clara (HACSC) assists approximately 17,000 households through the federal Section 8 Housing Choice Voucher program (Section 8). HACSC develops, controls, and manages more than 2,000 affordable rental housing properties throughout the County. HACSC’s programs are targeted toward LMI households and more than 80 percent of their client households are extremely low-income families, seniors, veterans, persons with disabilities, and formerly homeless individuals. In 2008, HACSC entered a ten-year agreement with HUD to become a Moving to Work (MTW) agency. The MTW program is a federal demonstration program that allows greater flexibility to design and implement more innovative approaches for providing housing assistance. Actions planned during the next year to address the needs to public housing Not applicable. HACSC owns and manages four public housing units, which are all located in the City of Santa Clara. Actions to encourage public housing residents to become more involved in management and participate in homeownership Although the majority of their units have been converted to affordable housing stock, HACSC is proactive in incorporating resident input into the agency’s policy-making process. An equitable and transparent policy-making process that includes the opinions of residents is achieved through the involvement of two tenant commissioners on the HACSC board. HACSC has been a MTW agency since 2008. In this time the agency has developed 31 MTW activities. The vast majority of its successful initiatives have been aimed at reducing administrative inefficiencies, which provides resources for programs aimed at LMI families. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance Not applicable. Discussion Please see discussion above. 452 Page 30 of 41 AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction The homeless assistance program planning network is governed by the Santa Clara Continuum of Care (CoC) and the Destination: Home Leadership Board, who serves as the CoC Board of Directors. The membership of the CoC is a collaboration of representatives from local jurisdictions comprised of community-based organizations, the Housing Authority of Santa Clara, governmental departments, health service agencies, homeless advocates, consumers, the faith community, and research, policy and planning groups. The homeless services system utilized by the CoC is referred to as the Homeless Management Information System (HMIS). The HMIS monitors outcomes and performance measures for all the homeless services agencies funded by the County. The CoC and its service providers transitioned to a new system referred to as Clarity. The system provides additional tools and resources to assist the CoC and service providers to track information regarding clients served. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including The City will provide $35,000 in CDBG funds to West Valley Community Services for the CARE program. The CARE program supports activities to prevent and end homelessness. The CARE program incorporates both case management and wrap around services to help at-risk and vulnerable households manage crisis and provides stabilization to help the clients move towards self-sufficiency. The target population of the CARE program includes low-income seniors, families with children, at-risk youth and adults. The CARE program includes case management, access to food pantry and emergency financial assistance. Additionally, the City will provide $40,000 in BMR funds to West Valley Community Services (WVCS) Haven to Home program. The goal of the Haven to Home (HTH) is to help currently un-housed Cupertino individuals and families secure permanent housing, maintain employment, enhance income opportunities and financial stability. The supportive services critical to the success of this program are intensive case management, housing search, landlord mediation, benefits clinic, and financial coaching. HTH aims to end homelessness and prevent homelessness by coordinating multilevel services and leveraging further resources in the community in order to build long-term stability and self-sufficiency for participants. Through this funding, WVCS will serve 50 homeless individuals and families whose last address was in Cupertino by moving them into permanent housing. The target population for this grant will be families or individuals who have become homeless in the City of Cupertino. Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs In January 2017, a Point in Time (PIT) count was conducted for Santa Clara County by the City of San Jose in conjunction with the County of Santa Clara. The PIT is an intense survey used to count the number of homeless living throughout Santa Clara County on the streets, in shelters, safe 453 Page 31 of 41 havens or in transitional housing, or in areas not meant for human habitation. The survey was conducted by hundreds of volunteers who asked those living on the streets, as well as the residents of shelters, safe havens and transitional housing, to respond to questions related to their needs. A portion of the survey addresses the needs of those surveyed. Cupertino financially contributed to this effort. The PIT found 127 unsheltered homeless individuals living within Cupertino. This number represents an increase of 74% from the 73 individuals that were counted in 2015. Countywide, the number of homeless increased from 6,556 in 2015 to 7,394 in 2017 – a 13% increase. The next PIT is scheduled for January 2019. Addressing the emergency shelter and transitional housing needs of homeless persons In FY 2018-2019, the City will allocate General Fund dollars to the following transitional housing programs: • Maitri – Direct Client Services: Provides transitional housing and related supportive services to low-income victims of domestic violence who are at high risk of becoming homeless and/or suffering further abuse to themselves and their children. The City will continue to coordinate services to the homeless through inter-agency such as efforts through the Collaborative, Help House the Homeless, and the Community Technology Alliance. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again In FY 2018-2019 the City will allocate CDBG dollars to the following services and programs: • West Valley Community Services – Community Access to Resource and Education (CARE) - The CARE program incorporates both case management and wrap around services to help at risk and vulnerable household’s mange crisis and provide stabilization to help them move towards self-sufficiency. The target population of the CARE program includes low-income seniors, families with children, at-risk youth and adults. The CARE program includes case management, access to food pantry and emergency financial assistance. Additionally, this year, the City will provide BMR funds to West Valley Community Services Haven to Home program. • West Valley Community Services – Haven to Home Program - The goal of the Haven to Home (HTH) is to help currently un-housed Cupertino individuals and families secure permanent housing, maintain employment, enhance income opportunities and financial stability. The supportive services critical to the success of this program are intensive case management, housing search, landlord mediation, benefits clinic, and 454 Page 32 of 41 financial coaching. HTH aims to end homelessness and prevent homelessness by coordinating multilevel services and leveraging further resources in the community in order to build long-term stability and self-sufficiency for participants. Through this funding, WVCS will serve 50 homeless individuals and families whose last address was in Cupertino by moving them into permanent housing. The target population for this grant will be families or individuals who have become homeless in the City of Cupertino. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. FY 2018-2019 CDBG and General Fund dollars will also fund the following: • Live Oak Adult Day Services – Senior Adult Day Care - Provides services for seniors at- risk of being institutionalized. Provides specialized programs such as recreation, mental stimulation, companionship and nutritious meals to seniors. • Catholic Charities of Santa Clara County – Long-Term Care Ombudsman – The program promotes the rights and well-being of residents in long term care facilities in the County and provides residents with a means by which their complaints can be heard and resolved. • SALA – Legal Assistance for the Elderly - Provides free legal services to low-income seniors at the Cupertino Senior Center. Legal services provided are in the area of consumer complaints, housing, elder abuse, and simple wills. • West Valley Community Services – Haven to Home (HTH)– The program will assist un- housed Cupertino individuals and families secure permanent housing, maintain employment, enhance income opportunities and financial stability. The supportive services critical to the success of this program are intensive case management, housing search, landlord mediation, benefits clinic, and financial coaching. HTH aims to end homelessness and prevent homelessness by coordinating multilevel services and leveraging further resources in the community in order to build long-term stability and self-sufficiency for participants. Along with the coordinated efforts described above, the City offers affordable housing and other public services targeted toward low-income families that are the most at-risk of becoming homeless. Discussion Please see above. 455 Page 33 of 41 AP- -75 Barriers to affordable housing – 91.220(j) Introduction The incorporated and unincorporated jurisdictions within the County face barriers to affordable housing that are common throughout the Bay Area. High on the list is the lack of developable land, which increases the cost of available lands and increases housing development costs. Local opposition is another common obstacle as many neighbors have strong reactions to infill and affordable housing developments. Their opposition is often based on misconceptions, such as a foreseen increase in crime; erosion of property values; increase in parking and traffic congestion; and overwhelmed schools. However, to ensure a healthy economy the region must focus on strategies and investment that provide housing for much of the region’s workforce – for example, sales clerks, secretaries, firefighters, police, teachers and health service workers – whose incomes significantly limit their housing choices. Even when developments produce relatively affordable housing, in a constrained housing supply market higher income buyers and renters generally outbid lower income households and a home’s final sale or rental price will generally far exceed the projected sales or rental costs. Public subsidies are often needed to guarantee affordable homes for LMI households. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City identified several potential constraints to the development, maintenance, and improvement of housing and affordable housing, in its 2015-2023 Housing Element update including: • General Plan - The General Plan indicates the allowable uses and densities at various locations in the City. The Land Use/Community Design section identifies five categories of residential uses based on dwelling unit density, expressed as the number of dwelling units permitted per gross acre. As such, a City’s General Plan contains several items that can affect the development and distribution of housing, such as land-use classifications, and density and intensity standards. • Zoning Ordinance - Zoning ordinances and other land-use controls have a direct effect on the availability and range of housing choices within a community. The Cupertino Zoning Ordinance establishes development standards and densities for new housing in the City. These regulations include minimum lot sizes, maximum number of dwelling units per acre, lot width, setbacks, lot coverage, maximum building height, and minimum parking requirements. • Parking Requirements - Parking requirements, when excessive, may serve as a constraint to housing development by increasing development costs and reducing the amount of land available for project amenities or additional units. The City’s parking requirements are higher than many other jurisdictions, particularly for single-family homes. Considering the 456 Page 34 of 41 high cost of land, the high parking standards may serve as a constraint to housing provision. • Site Improvements - Site improvement requirements are the responsibility of residential developers who are responsible for constructing road, water, sewer, and storm drainage improvements on new housing sites. Where a project has off-site impacts, such as increased storm water runoff or added traffic congestion at a nearby intersection, additional developer expenses may be necessary to mitigate impacts. These expenses may be passed on to consumers, as increased sales or rental costs. In general, residential developers interviewed for the 2014-2022 Housing Element update reported that the Cupertino’s public policies do not stand as a constraint to new housing production. Discussion As part of the Housing Element Update, the City has identified several strategies to increase affordable housing: • Designate sufficient land at appropriate densities to accommodate Cupertino’s Regional Housing Needs Allocation (RHNA) of 1,064 units for the 2014-2022 General Plan Housing Element planning period. Ensure that all new developments, including market-rate residential developments help mitigate project-related impacts on affordable housing needs. • Encourage the development of a diverse housing stock that provides a range of housing types (including smaller moderate cost housing) with an emphasis on the provision of housing for lower- and moderate-income households. • Continue to implement the Non-Residential Housing Mitigation Program that requires developers of office, hotel, research and development (R&D), retail and industrial space to pay a mitigation fee, which will be used to support affordable housing in the City. The mitigation fees are deposited in the City’s BMR AHF. • Continue to implement the Residential Housing Mitigation Program to mitigate the need for affordable housing created by new market-rate residential development. • The City will encourage use of density bonuses and incentives, as applicable, for housing developments. • Continue to encourage the development of adequate housing to meet the needs of extremely low-income households and persons with special needs (such as the elderly, victims of domestic violence, and the disabled). • Continue to facilitate housing opportunities for special needs persons by allowing emergency shelters as a permitted use in the “BQ” Quasi-Public zoning district. • Continue to retain a fair housing services provider to provide outreach, education, counseling, and investigation of fair housing complaints. Additionally, the City is addressing the barriers to affordable housing through the following programs and ordinances: Below Market Rate Affordable Housing Fund (BMR AHF) The City’s Below Market Rate (BMR) Affordable Housing Fund (AHF) receives its revenue from the payment of housing mitigation fees from non-residential (office, retail, 457 Page 35 of 41 research and development (R&D), hotel and industrial) and residential development. The residential BMR program applies to new residential developments greater than one unit. Homeownership developments of one to six units are required to pay an in-lieu fee. Homeownership developments of seven units are greater are required to designate 15 percent of the total number of units in an ownership development as affordable. Developers of market-rate rental units, where the units cannot be sold individually, must pay a housing mitigation fee to the BMR AHF. For non-residential housing mitigation in the City, a fee is applied to new square footage of development. The fee is then deposited in the City’s BMR AHF and is used for the provision of affordable housing. The City Council adopted a nexus study on May 5, 2015 that reassessed the housing mitigation fees developers pay to the BMR AHF. HOME Investment Partnerships Program (HOME) The City joined the County’s HOME Consortium in 2014. HOME funds can be used to fund eligible affordable housing projects for acquisition, construction and rehabilitation. Starting in the federal FY 2015, developers of affordable housing projects were eligible to competitively apply through an annual RFP process directly to the County for HOME funds to help subsidize affordable housing projects in Cupertino. 458 Page 36 of 41 AP-85 Other Actions – 91.220(k) Introduction This section discusses the City’s efforts in addressing the underserved needs, expanding and preserving affordable housing, reducing lead-based paint hazards, and developing institutional structure for delivering housing and community development activities. Actions planned to address obstacles to meeting underserved needs Actions planned to foster and maintain affordable housing The City will foster and maintain affordable housing by continuing the following programs and ordinances: • The City’s Accessory Dwelling Unit Ordinance, which allows an additional unit to be built on any already developed parcel containing a single family home. • The City’s Density Bonus Ordinance allows an increase in density for developments that provide a proportion of units for very low or low-income households or for seniors. • All new developments must either provide BMR units or pay a housing mitigation fee, which is placed in the City’s BMR AHF. • Homeownership developments between one unit and six units pay an in-lieu fee which is deposited into the City’s BMR AHF. Homeownership developments greater than six units must designate at least 15 percent of units within a development at a cost that makes the units affordable to median and moderate income households. • The City’s participation in the County’s HOME Consortium will allow developers of eligible affordable housing projects in the City to competitively apply through an annual RFP process directly to the County for HOME funds to help subsidize affordable housing projects in Cupertino, including acquisition, construction and rehabilitation. The City will fund its first project through the HOME consortium with the 25% match requirement. The project, The Veranda, will provide 18 units of low-income affordable housing to seniors and one property manager unit. Actions planned to reduce lead-based paint hazards Lead-based paint awareness and abatement will be fully integrated by the City of Cupertino into its assisted housing programs. Each tenant, landlord and property owner will be informed of the dangers, symptoms, testing, treatment and prevention of lead-based paint poisoning. Lead-based paint hazard stabilization or abatement will be provided in each and every rehabilitation project. Furthermore, adherence to Federal guidelines for reduction activities with lead-based paint is provided for in every federally funded rehabilitation loan. Actions planned to reduce the number of poverty-level families In a continuing effort to reduce poverty, the City will make it a priority to fund agencies that provide direct assistance to the homeless and those in danger of becoming homeless and make a commitment to improve the communication and service delivery capabilities of agencies and 459 Page 37 of 41 organizations that provide programs to assist the homeless. Depending on funding availability, the City will continue to provide assistance to public agencies and nonprofit organizations providing neighborhood housing services, supportive services to the homeless, older adults with physical or mental impairment, the mentally ill, victims of domestic violence, and households with abused children among others. Coordinate with public agencies providing job training, life skills training, lead poisoning prevention and remediation and other education programs are listed in the 2015-20 Consolidated Plan strategies. As discussed in AP-65, in FY 2018-2019 the City will allocate CDBG dollars to the following program: • West Valley Community Services – Community Access to Resource and Education (CARE) - The CARE program incorporates both case management and wrap around services to help at risk and vulnerable household’s manage crisis and provide stabilization to help them move towards self-sufficiency. The target population of the CARE program includes low-income seniors, families with children, at-risk youth and adults. The CARE program includes case management, access to food pantry and emergency financial assistance. • Live Oak Adult Day Services – Senior Adult Day Care – Serve 21 unduplicated frail, dependent, low-income Cupertino seniors. Provides services for seniors at-risk of being institutionalized. Provides specialized programs such as recreation, mental stimulation, companionship and nutritious meals to seniors. Actions planned to develop institutional structure City staff will continue the following collaborative efforts to improve institutional structure: • Regular quarterly meetings between entitlement jurisdictions at the CDBG Coordinators Meeting and Regional Housing Working Group • Joint jurisdiction Request for Proposals and project review committees • Coordination on project management for projects funded by multiple jurisdictions • HOME Consortium meetings between member jurisdictions for affordable housing projects Actions planned to enhance coordination between public and private housing and social service agencies. The City benefits from a strong jurisdiction and region-wide network of housing and community development partners, such as Regional Housing Working Group and the CoC. To improve intergovernmental and private sector cooperation, the City will continue to participate with other local jurisdictions and developers in sharing information and resources. In addition to the actions listed above, the City will continue to partner with nonprofit agencies to 460 Page 38 of 41 host a yearly Housing Fair to provide residents with access to developers, BMR managers, and housing agencies and programs. The City will also continue to leverage its BMR AHF to assist nonprofit affordable housing developers. Discussion Please see discussion above. 461 Page 39 of 41 Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed $7,944 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan $0 3. The amount of surplus funds from urban renewal settlements $0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. $0 5. The amount of income from float-funded activities $0 Total Program Income $7,944 Other CDBG Requirements 1. The amount of urgent need activities $0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income 100% 3. Overall Benefit – A consecutive period of one, two, or three years may be used to determine that a minimum overall benefit of 70 percent of CDBG funds is used to benefit persons of low and moderate income. Specify the years that include this Annual Action Plan 2018-19 Discussion Please see discussion above. 462 Page 40 of 41 Appendix A: Public Comments City of Cupertino Citizen Participation Comments FY 2018-2019 Annual Action Plan There were no comments received during the public review period. 463 Page 41 of 41 Appendix B: Public Hearing Notice Appendix C: Application for Federal Assistance Form SF-424 and SF-424D Appendix D: Certifications 464 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4096 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:6/13/2018 City Council On agenda:Final action:8/21/2018 Title:Subject: First Reading of an Ordinance amending to Cupertino Municipal Code Chapters 19.12 (Administration) and 19.148 (Required Artwork in Public and Private Developments). (Application number: MCA-2018-01; Location: City-wide; Applicant: City of Cupertino) Sponsors: Indexes: Code sections: Attachments:Staff report A - Draft Ordinance B - Redlined changes C - Local cities' art programs D - Fine Arts Commission Resolution 18-02 Action ByDate Action ResultVer. City Council7/3/2018 1 Subject: First Reading of an Ordinance amending to Cupertino Municipal Code Chapters 19.12 (Administration) and 19.148 (Required Artwork in Public and Private Developments). (Application number: MCA-2018-01; Location: City-wide; Applicant: City of Cupertino) Conduct the first reading of Ordinance No. 18-2175: "An Ordinance of the City Council of the City of Cupertino amending Municipal Code Chapters 19.12: Administration and 19.148: Required artwork in Public and Private Developments”;and 2. Schedule the second reading of the ordinance for August 21, 2018. CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™465 CITY COUNCIL STAFF REPORT Meeting: July 3, 2018 Subject First Reading of an Ordinance amending to Cupertino Municipal Code Chapters 19.12 (Administration) and 19.148 (Required Artwork in Public and Private Developments). (Application number: MCA-2018-01; Location: City-wide; Applicant: City of Cupertino) Recommended Action Conduct the first reading of the draft ordinance: “Ordinance amending Municipal Code Chapters 19.12 (Administration) and 19.148 (Required Artwork in Public and Private Developments)”; and 2. Schedule the second reading of the ordinance for August 21, 2018. Discussion Amendments are recommended for Cupertino Municipal Code Chapters 19.12 (Administration) and 19.148 (Required Artwork in Public and Private Developments) for the following reasons: (1) Cupertino General Plan consistency The amendments are consistent with the applicable sections of Chapter 3 of the General Plan: GOAL LU-7 Promote a civic environment where the arts express an innovative spirit, cultural diversity and inspire community participation. POLICY LU-7.1: Public Art Stimulate opportunities for the arts through development and cooperation with agencies and the business community. STRATEGY: LU-7.1.1: Public Art Ordinance Maintain and update an ordinance requiring public art in public as well as private projects of a certain size. (2) 2018-2019 Community Development Department work plan item Cupertino Municipal Code Chapter 19.148 was enacted in 2009. The City Council identified updating the artwork ordinance as one of the work plan items identified for 2018-2019 fiscal year. (3) Fine Arts Commission recommendation 466 a. Proportion of artwork. In their review of public art proposals over the last several years, the Fine Arts Commission noted that the artwork value cap of $100,000 created an amount of art that was sometimes disproportional to the scope, size or value of the development. One of the broad goals of the recommendation is to provide more public art. Removal of the dollar cap, lowering the threshold for requiring artwork, and tiering of construction valuation achieves this purpose. b. Comparison to local cities. The Fine Arts Commission requested that staff research the art programs of local cities within the Bay Area and particularly of comparable cities in Santa Clara County. The results are summarized in Attachment B for reference and context. In comparison to most other cities within the region, Cupertino had the lowest requirement for artwork value and was the only city that had a dollar cap. All cities utilized a percentage of construction value, typically within the 1% range, rather than a specific dollar amount. There were also examples of acknowledgement of project size and scaling the value based on project size. The approach of utilizing a percentage rather than a set dollar cap also allows the ordinance to move with the economy and inflation, and prevents the ordinance from being quickly outdated. c. Continue to discourage in lieu payments, but provide criteria. Given that the acceptable artwork includes many ways of incorporating art into architecture itself (such as bas-relief, murals, glass and sculpture), the Commission continues to discourage in lieu payments. However, it is recommended that a request for in lieu payments would require (1) a higher artwork value of 1.25% and (2) City Council approval. d. Other clean-up items. There are additional clarifications recommended such as:  Amendments to the table 19.12.030 of Chapter 19.12. This is shown in Exhibit A of Attachment B, which reiterates where the Fine Arts Commission is the final but appealable decision (review of public art), and where City Council approval is required (in lieu payments).  Use of the term “construction valuation” rather than “building permit valuation”  Use of the term “payment” instead of “fee” On June 18, 2018, the Fine Arts Commission reviewed and unanimously recommended the proposed amendments. The proposed changes are summarized in the table below and are reflected in redline form in the proposed ordinance attached in Exhibit A of Attachment B. 467 Topic Current standard Fine Arts Commission recommendations Percent required, artwork value .25% 1. Raise the artwork value to 1% 2. Clarify the percentage is of construction valuation. 3. Continue to discourage in lieu payments; require a 1.25% artwork value and City Council approval for this category Dollar cap $100,000 1. Remove the dollar cap Scaling of percentage None – applies equally to projects of all sizes above 50,000 sq.ft. 1. Projects 10,000 sf and higher – 1%. 2. Create tiers to levels of construction valuation (1% for first $100M and .9% excess of $100M valuation) Threshold New 50,000 sq.ft. 1. Consider lower threshold: 10,000 sq.ft. Sustainability Impact None. Fiscal Impact None. _____________________________________ Prepared by: Catarina Kidd, Senior Planner Reviewed by: Benjamin Fu, Assistant Director of Community Development Approved by: Aarti Shrivastava, Assistant City Manager David Brandt, City Manager Attachments: A – Draft ordinance B – Redline changes C – Local cities’ art programs D – Fine Arts Commission resolution 468 ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING MUNICIPAL CODE CHAPTERS 19.12 “ADMINISTRATION” AND 19.148 “REQUIRED ARTWORK IN PUBLIC AND PRIVATE DEVELOPMENTS” TO CREATE MORE OPPORTUNITIES FOR PUBLIC ART IN NEW DEVELOPMENT WHEREAS, the Cupertino General Plan encourages opportunities for public art and the City Council adopted an ordinance requiring public art in new developments, which is codified in Chapter 19.148 of the Cupertino Municipal Code; and WHERAS, the Fine Arts Commission was established to foster, encourage and assist the realization, preservation and advancement of fine arts for the benefit of the citizens of Cupertino; and WHEREAS, the Fine Arts Commission considered Municipal Code Amendment Application MCA-2018-01 during a regularly noticed public meeting on June 18, 2018; and WHEREAS, the Fine Arts Commission unanimously recommended that the City Council adopt the proposed amendments in substantially the form as shown in Exhibit A attached hereto to amend Municipal Code Chapters 19.12: Administration, and 19.148: Required Artwork for Public and Private Developments; and WHEREAS, the proposed amendments will create additional opportunities to promote public art in new development, by removing the low value cap for artwork, using a percentage of construction value instead, and requiring that in lieu payments meet a higher artwork value and be approved by City Council; and WHEREAS, the City Council held a noticed public meeting for the first reading of the ordinance and a noticed public meeting for the second reading, at which time it considered all evidence presented, both written and oral; and WHEREAS, the City Council of the City of Cupertino is the decision -making body for this Ordinance; and WHEREAS, the City has analyzed the proposed amendments and determined they are statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15061(b)(3) (General Rule), 15273 469 (Rates, Tolls, Fares and Charges), and 15378(b)(5) (Organizational or Administrative Activities); and WHEREAS, the City Council before taking action on this Ordinance has reviewed the exemptions, and using its independent judgment, determines the Ordinance to be exempt from CEQA as stated above; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Cupertino Municipal Code Chapters 19.12 and 19.148 are amended as shown in Exhibit A attached hereto (deletions shown in strikethrough, additions shown underlined. SECTION 2. FINDINGS. The following findings are made under Cupertino Municipal Code section 19.152.030(D): (1) The proposed Ordinance conforms with the latest adopted general plan for the City, specifically to Policy LU-7.1: Public Art and Strategy LU-7.1.1: Public Art Ordinance, does not conflict with any allowable uses in the land use element and does not conflict with any policies or programs in any other element of the general plan. Policy LU-7.1: Public Art states that it is the city’s policy to “stimulate opportunities for arts through development and cooperation with agencies and the business community.” Strategy LU- 7.1.1: Public Art Ordinance states that it is the city’s strategy to “maintain and update an ordinance requiring public art in public as well as private projects of a certain size.” Cupertino Municipal Code Chapter 19.148: Required Artwork for Public and Private Developments is an existing ordinance. The proposed amendments update the required artwork value and threshold of project size. (2) The proposed Ordinance will protect the public health, safety, and welfare and promote the orderly development of the City by requiring public art in public as well as private projects of a certain size. (3) The proposed Ordinance is consistent with Municipal Code Title 19, Chapter 19.148, which currently requires artwork in public and private developments. (4) The application is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15061(b)(3) (General Rule), 15273 (Rates, Tolls, Fares and Charges), and 15378(b)(5) (Organizational or Administrative Activities). SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or 470 unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days from and after adoption as provided by Government Code Section 36937. SECTION 5. CERTIFICATION. 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. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 3rd day of July, 2018 and ENACTED at a regular meeting of the City Council of the City of Cupertino the 21st of August 2018, by the following vote: Vote: Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: Grace Schmidt, City Clerk Darcy Paul, Mayor 471 EXHIBIT A OF CITY COUNCIL DRAFT ORDINANCE NO. ______ CHAPTER 19.12 030: APPROVAL AUTHORITY Table 19.12.030 - Approval Authority Type of Permit or Decision Administrative Review A,B Design Review Committee Fine Arts Commission Planning Commission City Council Public Hearing/ Public Meeting/ Comment Period C Noticing/ Noticing Radius D Posted Site Notice Expiration Date E Chapter/ Findings Public art - - F - A1 PM None None None 2.80 and 19.148 Art in lieu payment - - R - F PM None None None 2.80 and 19.148 472 CHAPTER 19.148: REQUIRED ARTWORK IN PUBLIC AND PRIVATE DEVELOPMENTS 19.148.010 Purpose and intent. 19.148.020 Applicability of regulations. 19.148.030 Permitted artwork. 19.148.040 Ineligible artwork. 19.148.050 Application procedures for public artwork. 19.148.060 Design criteria and artist qualifications. 19.148.070 Minimum artwork value. 19.148.080 Maintenance requirements. 19.148.090 In lieu payment for artwork is discouraged. 19.148.010 Purpose and Intent. The purpose of this chapter is to provide a review framework for public art in both public and private developments in the City of Cupertino, commensurate with the following specific goals, as described in the Cupertino General Plan: A. Enhance community character and identity; B. Provide attractive public arts to residents and visitors alike; C. Stimulate opportunities for the arts through cooperative relations between local business and the City. (Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 19.148.020 Applicability of Regulations. A. Any development of ten thousand sq. ft. or larger involving construction of new buildings and/or the expansion of existing buildings shall be subject to the requirements of this chapter. B. Additional artwork not mentioned in this chapter by means of specific plan, permits or other discretionary review may be required when deemed appropriate by the City Council. 473 (Ord. 2085, § 2 (part), 2011; Ord. 2056 (part), 2010; Ord. 2037 (part), 2009) 19.148.030 Permitted Artwork. Types of art that may be used to satisfy the requirements of this chapter include, but are not limited to, the following: A. Sculpture: in-the-round, bas-relief, mobile, fountain, kinetic, electronic, or other, in any material or combination of materials; B. Painting: all media, including portable and permanently affixed works, such as murals; C. Graphic arts: printmaking, drawing, calligraphy and photography, but only when on a large public scale; D. Mosaics; E. Functional artwork created by a professional artist, such as benches, tree grates or trash receptacles; F. Any other form of work of art determined by the Fine Arts Commission to satisfy the intent of this chapter. (Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 19.148.040 Ineligible Artwork. The following shall not be considered eligible to satisfy the requirements of this chapter: A. Reproductions of original works of art, whether by mechanical or other means. However, permitted artwork may include limited editions, controlled by the artist, of original prints, cast sculpture, photographs, or other art forms; B. Directional or other functional elements such as supergraphics, signing, or color coding, except where those elements are integral parts of original signed artworks; C. Art objects which are mass-produced from a standard design, such as playground equipment, fountains, flags or banners; 474 D. Landscaping and garden features, except where these elements are designed by the artist and are an integral part of a fine artwork. (Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 19.148.050 Application Procedures for Public Artwork. A. An application for public artwork shall include all requirements of Chapter 19.12. B. Application for public art for a new development shall be made in conjunction with the review of the permits for the entire project, in order that the design and location be taken into consideration at the time of architectural and site planning, as outlined in Chapter 19.168. C. The Fine Arts Commission shall review for approval the public art application and artwork. The decision of the Fine Arts Commission may be appealed in accordance with Sections 1.16.020 and 19.12.030 of the Cupertino Municipal Code, or as amended. (Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 19.148.060 Design Criteria and Artist Qualifications. It is the intent of this chapter to provide for public art on private property without imposing the artistic preferences of the City on the owner or the developer of the property. Artistic preferences are to be primarily those of the owner or developer of the property, but the artwork and its location is subject to approval of the Fine Arts Commission. A permit required pursuant to Section 19.148.050 shall be granted upon a showing by the applicant that the proposed artwork meets the following criteria: A. The artwork is of a nature specified in Section 19.148.030. B. The artwork requirement is to be satisfied with one significant piece of artwork, except that the requirement may be met with several works of art when specifically found by the Fine Arts Commission to fulfill the intent of this chapter. The artwork shall be an integral part of the landscaping and/or architecture of the buildings. C. The artwork shall be easily visible from the public street and be located in an area specifically designated on the project site plan. Appropriate locations include, but are not limited to, entryways to the property, greenbelts, and building exteriors. The artwork 475 must be in permanent view to motorists and pedestrians. Artwork located at the entrance to a development should make a major statement and be visible fr om the main parking lot, if any. When located in proximity to major traffic thoroughfares, the artwork should be at a motorist's scale and oriented toward the view corridor of the motorist. D. Artwork located along Stevens Creek Boulevard or De Anza Boulevard corridors shall be large in scale and oriented to the view corridors of the motorist. Appropriate artwork in these corridors will most likely be sculptural: however, other forms of art may be considered if consistent with the intent of this chapter. Artwork should have a visual impact upon passengers in a moving vehicle or pedestrians not less than 100 feet away. E. The composition of the artwork shall be of permanent materials requiring a low level of maintenance. Materials used shall be durable and resistant to graffiti and the effects of weather. F. The nature and style of the artwork shall be considered in the context of other artwork in the surrounding area in order to encourage a wide range of art styles and materials, and to create a balanced and interesting aesthetic appearance. The developer is encouraged to give preference to artists living or working in the San Francisco Bay area, and to avoid using artists whose work is already displayed as public art within the City of Cupertino boundaries. G. Because the artwork will necessarily be highly visible to the public and be associated with City requirements, expressions of obvious bad taste or profanity shall not be approved. H. Water and/or electronic sculpture may be permitted if adequate assurance of continued maintenance is provided. I. Artwork shall be identified by an appropriate plaque or monument measuring not less than eight inches by eight inches. The plaque shall be made of a durable, permanent material and shall be placed near the artwork, and shall list the date of installation, title and artist, and medium. J. The artwork shall be a permanent, maintained fixed asset of the property, and statements to this fact shall be attached or recorded to the existing CC&R's or otherwise recorded on the property deed, to advise subsequent property owners of their obligations to maintain the artwork. 476 K. The proposed artwork shall meet the criteria for review as set forth in the City of Cupertino Public Art Program Guidelines for Selection of Public Art, as originally adopted by the City Council Resolution No. 05-040, or as later amended. L. The artist's qualifications will be evaluated and examples of past work may be reviewed. The review, however, shall be primarily for the purpose of determining the artist's experience with artwork of monumental proportion. (Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 19.148.070 Minimum Artwork Value. The minimum expenditure for the artwork, including but not limited to design, fabrication, and installation, shall be one percent of the construction valuation, with the following tiers: a) 1% of the first $100 million of construction valuation b) .9% of construction valuation for valuation in excess of $100 million. (Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 19.148.080 Maintenance Requirements. The property owner shall maintain the artwork in good condition continuously after its installation, as determined appropriate by the City. Maintenance shall include all related landscaping, lighting, and upkeep, including the identification plaque. Artwork required or approved pursuant to this chapter cannot be removed, except for required maintenance or repair, unless approved by the City; at which time the City may require replacement or relocation of the artwork. In the event that the artwork is located in the public right-of-way, a maintenance agreement with the City shall be required. (Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 19.148.090 In Lieu Payment for Artwork is Discouraged. In some instances the placement of artwork on a particular property may not be feasible. The developer or property owner may apply to the Fine Arts Commission for an in lieu payment alternative on projects that lack an appropriate location for public art, although such alternative is strongly discouraged. In such cases, an in-lieu payment of 1.25% of the construction valuation may be made to the City, pursuant to the approval authority provisions of Cupertino Municipal Code Chapter 19.12.030. (Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 477 EXHIBIT A OF CITY COUNCIL DRAFT ORDINANCE NO. ______ CHAPTER 19.12 030: APPROVAL AUTHORITY Table 19.12.030 - Approval Authority Type of Permit or Decision Administrative Review A,B Design Review Committee Fine Arts Commission Planning Commission City Council Public Hearing/ Public Meeting/ Comment Period C Noticing/ Noticing Radius D Posted Site Notice Expiration Date E Chapter/ Findings Public art - - F - A1 PM None None None 2.80 and 19.148 Art in lieu payment - - R - F PM None None None 2.80 and 19.148 478 CHAPTER 19.148: REQUIRED ARTWORK IN PUBLIC AND PRIVATE DEVELOPMENTS 19.148.010 Purpose and intent. 19.148.020 Applicability of regulations. 19.148.030 Permitted artwork. 19.148.040 Ineligible artwork. 19.148.050 Application procedures for public artwork. 19.148.060 Design criteria and artist qualifications. 19.148.070 Minimum artwork value. 19.148.080 Maintenance requirements. 19.148.090 In lieu fee payment for artwork is discouraged. 19.148.010 Purpose and Intent. The purpose of this chapter is to provide a review framework for public art in both public and private developments in the City of Cupertino, commensurate with the following specific goals, as described in the Cupertino General Plan: A. Enhance community character and identity; B. Provide attractive public arts to residents and visitors alike; C. Stimulate opportunities for the arts through cooperative relations between local business and the City. (Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 19.148.020 Applicability of Regulations. A. Any development of fifty ten thousand sq. ft. or larger involving construction of new buildings and/or the expansion of existing buildings shall be subject to the requirements of this chapter. B. Additional artwork not mentioned in this chapter by means of specific plan, permits or other discretionary review may be required when deemed appropriate by the City Council. 479 (Ord. 2085, § 2 (part), 2011; Ord. 2056 (part), 2010; Ord. 2037 (part), 2009) 19.148.030 Permitted Artwork. Types of art that may be used to satisfy the requirements of this chapter include, but are not limited to, the following: A. Sculpture: in-the-round, bas-relief, mobile, fountain, kinetic, electronic, or other, in any material or combination of materials; B. Painting: all media, including portable and permanently affixed works, such as murals; C. Graphic arts: printmaking, drawing, calligraphy and photography, but only when on a large public scale; D. Mosaics; E. Functional artwork created by a professional artist, such as benches, tree grates or trash receptacles; F. Any other form of work of art determined by the Fine Arts Commission to satisfy the intent of this chapter. (Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 19.148.040 Ineligible Artwork. The following shall not be considered eligible to satisfy the requirements of this chapter: A. Reproductions of original works of art, whether by mechanical or other means. However, permitted artwork may include limited editions, controlled by the artist, of original prints, cast sculpture, photographs, or other art forms; B. Directional or other functional elements such as supergraphics, signing, or color coding, except where those elements are integral parts of original signed artworks; C. Art objects which are mass-produced from a standard design, such as playground equipment, fountains, flags or banners; 480 D. Landscaping and garden features, except where these elements are designed by the artist and are an integral part of a fine artwork. (Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 19.148.050 Application Procedures for Public Artwork. A. An application for public artwork shall include all requirements of Chapter 19.12. B. Application for public art for a new development shall be made in conjunction with the review of the permits for the entire project, in order that the design and location be taken into consideration at the time of architectural and site planning, as outlined in Chapter 19.168. C. The Fine Arts Commission shall review for approval the public art application and artwork. The decision of the Fine Arts Commission may be appealed in accordance with Sections 1.16.020 and 19.12.030 of the Cupertino Municipal cCode, or as amended. (Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 19.148.060 Design Criteria and Artist Qualifications. It is the intent of this chapter to provide for public art on private property without imposing the artistic preferences of the City on the owner or the developer of the property. Artistic preferences are to be primarily those of the owner or developer of the property, but the artwork and its location is subject to approval of the Fine Arts Commission. A permit required pursuant to Section 19.148.050 shall be granted upon a showing by the applicant that the proposed artwork meets the following criteria: A. The artwork is of a nature specified in Section 19.148.030. B. The artwork requirement is to be satisfied with one significant piece of artwork, except that the requirement may be met with several works of art when specifically found by the Fine Arts Commission to fulfill the intent of this chapter. The artwork shall be an integral part of the landscaping and/or architecture of the buildings. C. The artwork shall be easily visible from the public street and be located in an area specifically designated on the project site plan. Appropriate locations include, but are not limited to, entryways to the property, greenbelts, and building exteriors. The artwork 481 must be in permanent view to motorists and pedestrians. Artwork located at the entrance to a development should make a major statement and be visible from the main parking lot, if any. When located in proximity to major traffic thoroughfares, the artwork should be at a motorist's scale and oriented toward the view corridor of the motorist. D. Artwork located along Stevens Creek Boulevard or De Anza Boulevard corridors shall be large in scale and oriented to the view corridors of the motorist. Appropriate artwork in these corridors will most likely be sculptural: however, other forms of art may be considered if consistent with the intent of this chapter. Artwork should have a visual impact upon passengers in a moving vehicle or pedestrians not less than 100 feet away. E. The composition of the artwork shall be of permanent materials requiring a low level of maintenance. Materials used shall be durable and resistant to graffiti and the effects of weather. F. The nature and style of the artwork shall be considered in the context of other artwork in the surrounding area in order to encourage a wide range of art styles and materials, and to create a balanced and interesting aesthetic appearance. The developer is encouraged to give preference to artists living or working in the San Francisco Bay area, and to avoid using artists whose work is already displayed as public art within the City of Cupertino boundaries. G. Because the artwork will necessarily be highly visible to the public and be associated with City requirements, expressions of obvious bad taste or profanity shall not be approved. H. Water and/or electronic sculpture may be permitted if adequate assurance of continued maintenance is provided. I. Artwork shall be identified by an appropriate plaque or monument measuring not less than eight inches by eight inches. The plaque shall be made of a durable, permanent material and shall be placed near the artwork, and shall list the date of installation, title and artist, and medium. J. The artwork shall be a permanent, maintained fixed asset of the property, and statements to this fact shall be attached or recorded to the existing CC&R's or otherwise recorded on the property deed, to advise subsequent property owners of their obligations to maintain the artwork. 482 K. The proposed artwork shall meet the criteria for review as set forth in the City of Cupertino Public Art Program Guidelines for Selection of Public Art, as originally adopted by the City Council Resolution No. 05-040, or as later amended. L. The artist's qualifications will be evaluated and examples of past work may be reviewed. The review, however, shall be primarily for the purpose of determining the artist's experience with artwork of monumental proportion. (Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 19.148.070 Minimum Artwork Value. The minimum expenditure for the artwork, including but not limited to design, fabrication, and installation, shall be is one-quarter of one percent of the construction valuation, with the following tiers:, with an expenditure cap of one hundred thousand dollars, or such minimum expenditure and/or expenditure cap that is set forth in the Cupertino General Plan. a) 1% of the first $100 million of construction valuation b) .9% of construction valuation for valuation in excess of $100 million. (Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 19.148.080 Maintenance Requirements. The property owner shall maintain the artwork in good condition continuously after its installation, as determined appropriate by the City. Maintenance shall include all related landscaping, lighting, and upkeep, including the identification plaque. Artwork required or approved pursuant to this chapter cannot be removed, except for required maintenance or repair, unless approved by the City; at which time the City may require replacement or relocation of the artwork. In the event that the artwork is located in the public right-of-way, a maintenance agreement with the City shall be required. (Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 19.148.090 In Lieu PaymentFee for Artwork is Discouraged. In some instances the placement of artwork on a particular property may not be feasible. In such cases, an in-lieu contributionmay be made to the City. The developer or property owner may apply to the Fine Arts Commission for an in -lieu fee payment alternative on projects that lack an appropriate location for public art, although such alternative is strongly discouraged. In such cases, an in-lieu payment of 1.25% of the construction 483 valuation may be made to the City, pursuant to the approval authority provisions of Cupertino Municipal Code Chapter 19.12.030. (Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 484 ATTACHMENT A – Examples of local programs City Value/threshold Dollar cap Scaled? (value based on project size) Cupertino 0.25% New or expanded 50,000 sq.ft. $100,000 No Milpitas On site: .5% of building development costs No No Mountain View 1% public projects Public projects valued $1M or more No No Palo Alto .9 to 1% scaled 1) 10,000 sq.ft. or more 2) Construction value of $200,000 or more 3) All new residential projects of 5 or more units No 1% of the first $100M construction valuation .9% of construction valuation for valuation in excess of $100 mill. Sunnyvale On-site: 1% of building valuation In-lieu fee: 1.1% of building valuation 1) New non- residential construction of any size or an addition of at least 10,000 SF when located at a major street intersection No No 485 2) New non- residential development or additions of at least 30,000 sq.ft. on lots of 2 or more acres 3) May be required for any project, including those not mentioned in code section when deemed to be in the public interest Santa Clara None San Jose 1% public or publically-financed projects No No Private: no data Oakland Non-Residential on- site: 1% of building development costs Residential on-site: 0.5% of building development costs 1) Non-residential 2,000 SF or more of new floor area & subject to design review 2) Residential 20 or more new units & subject to design review No No 486 San Francisco On-site or in-lieu fee: 1% of construction cost; 1) new building or 25,000 sq.ft. addition; code specifies in certain districts 2) Non-residential new construction, or 25,000 sq.ft. addition; code specifies in certain districts $500,000 - On- Site art for non- residential buildings w/1,499 - 2,999 SF public open space $750,000 - On- Site art for non- residential buildings with 3,000 Sf or more of public open space No Berkeley On site: 1.75% of construction cost In-lieu fee: .8% of the construction cost 1) New multi-family residential of 5 or more dwelling units 2) New commercial structures (no size given) 3) New industrial structures (no size given) No No 487 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 18-02 OF THE FINE ARTS COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING AMENDMENTS TO MUNICIPAL CODE CHAPTERS 19.12 AND 19.148: REQUIRED ARTWORK IN PUBLIC AND PRIVATE DEVELOPMENTS Application: MCA-2018-01 Applicant(s): City of Cupertino Location: City-wide WHEREAS, the Fine Arts Commission heard this matter on June 18, 2018 during a regularly noticed public meeting; and WHEREAS, the application is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15061(b)(3) (General Rule), 15273 (Rates, Tolls, Fares and Charges) and 15378(b)(5) (Organizational or Administrative Activities); and NOW, THEREFORE, the Fine Arts Commission of the City of Cupertino hereby recommends approval of the proposed Ordinance in substantially the form as shown in Exhibit “A,” attached hereto with a recommendation to amend Municipal Code Chapters 19.12 and 19.148: Required Artwork for Public and Private Developments. PASSED AND ADOPTED this 18th day of June, 2018 at a noticed public meeting of the Fine Arts Commission of the City of Cupertino, State of California, by the following vote: AYES: COMMISSIONERS: Chair Sanchez, Vice Chair Mahalingam, Chokshi, Matley, Wu NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: /s/Catarina Kidd /s/Michael Sanchez Catarina Kidd Michael Sanchez Senior Planner Chair, Fine Arts Commission 488 EXHIBIT A OF RESOLUTION 18-02 CHAPTER 19.12 030: APPROVAL AUTHORITY Table 19.12.030 - Approval Authority Type of Permit or Decision Administrative Review A,B Design Review Committee Fine Arts Commission Planning Commission City Council Public Hearing/ Public Meeting/ Comment Period C Noticing/ Noticing Radius D Posted Site Notice Expiration Date E Chapter/ Findings Public art - - F - A1 PM None None None 2.80 and 19.148 Art In lieu fee - - R - F PM None None None 2.80 and 19.148 489 CHAPTER 19.148: REQUIRED ARTWORK IN PUBLIC AND PRIVATE DEVELOPMENTS 19.148.010 Purpose and intent. 19.148.020 Applicability of regulations. 19.148.030 Permitted artwork. 19.148.040 Ineligible artwork. 19.148.050 Application procedures for public artwork. 19.148.060 Design criteria and artist qualifications. 19.148.070 Minimum artwork value. 19.148.080 Maintenance requirements. 19.148.090 In lieu fee for artwork is discouraged. 19.148.010 Purpose and Intent. The purpose of this chapter is to provide a review framework for public art in both public and private developments in the City of Cupertino, commensurate with the following specific goals, as described in the Cupertino General Plan: A. Enhance community character and identity; B. Provide attractive public arts to residents and visitors alike; C. Stimulate opportunities for the arts through cooperative relations between local business and the City. (Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 19.148.020 Applicability of Regulations. A. Any development of fifty ten thousand sq. ft. or larger involving construction of new buildings and/or the expansion of existing buildings shall be subject to the requirements of this chapter. B. Additional artwork not mentioned in this chapter by means of specific plan, permits or other discretionary review may be required when deemed appropriate by the City Council. 490 (Ord. 2085, § 2 (part), 2011; Ord. 2056 (part), 2010; Ord. 2037 (part), 2009) 19.148.030 Permitted Artwork. Types of art that may be used to satisfy the requirements of this chapter include, but are not limited to, the following: A. Sculpture: in-the-round, bas-relief, mobile, fountain, kinetic, electronic, or other, in any material or combination of materials; B. Painting: all media, including portable and permanently affixed works, such as murals; C. Graphic arts: printmaking, drawing, calligraphy and photography, but only when on a large public scale; D. Mosaics; E. Functional artwork created by a professional artist, such as benches, tree grates or trash receptacles; F. Any other form of work of art determined by the Fine Arts Commission to satisfy the intent of this chapter. (Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 19.148.040 Ineligible Artwork. The following shall not be considered eligible to satisfy the requirements of this chapter: A. Reproductions of original works of art, whether by mechanical or other means. However, permitted artwork may include limited editions, controlled by the artist, of original prints, cast sculpture, photographs, or other art forms; B. Directional or other functional elements such as supergraphics, signing, or color coding, except where those elements are integral parts of original signed artworks; C. Art objects which are mass-produced from a standard design, such as playground equipment, fountains, flags or banners; 491 D. Landscaping and garden features, except where these elements are designed by the artist and are an integral part of a fine artwork. (Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 19.148.050 Application Procedures for Public Artwork. A. An application for public artwork shall include all requirements of Chapter 19.12. B. Application for public art for a new development shall be made in conjunction with the review of the permits for the entire project, in order that the design and location be taken into consideration at the time of architectural and site planning, as outlined in Chapter 19.168. C. The Fine Arts Commission shall review for approval the public art application and artwork. The decision of the Fine Arts Commission may be appealed in accordance with Sections 1.16.020 and 19.12 of the Cupertino Municipal cCode, or as amended. (Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 19.148.060 Design Criteria and Artist Qualifications. It is the intent of this chapter to provide for public art on private property without imposing the artistic preferences of the City on the owner or the developer of the property. Artistic preferences are to be primarily those of the owner or developer of the property, but the artwork and its location is subject to approval of the Fine Arts Commission. A permit required pursuant to Section 19.148.050 shall be granted upon a showing by the applicant that the proposed artwork meets the following criteria: A. The artwork is of a nature specified in Section 19.148.030. B. The artwork requirement is to be satisfied with one significant piece of artwork, except that the requirement may be met with several works of art when specifically found by the Fine Arts Commission to fulfill the intent of this chapter. The artwork shall be an integral part of the landscaping and/or architecture of the buildings. C. The artwork shall be easily visible from the public street and be located in an area specifically designated on the project site plan. Appropriate locations include, but are not limited to, entryways to the property, greenbelts, and building exteriors. The artwork 492 must be in permanent view to motorists and pedestrians. Artwork located at the entrance to a development should make a major statement and be visible from the main parking lot, if any. When located in proximity to major traffic thoroughfares, the artwork should be at a motorist's scale and oriented toward the view corridor of the motorist. D. Artwork located along Stevens Creek Boulevard or De Anza Boulevard corridors shall be large in scale and oriented to the view corridors of the motorist. Appropriate artwork in these corridors will most likely be sculptural: however, other forms of art may be considered if consistent with the intent of this chapter. Artwork should have a visual impact upon passengers in a moving vehicle or pedestrians not less than 100 feet away. E. The composition of the artwork shall be of permanent materials requiring a low level of maintenance. Materials used shall be durable and resistant to graffiti and the effects of weather. F. The nature and style of the artwork shall be considered in the context of other artwork in the surrounding area in order to encourage a wide range of art styles and materials, and to create a balanced and interesting aesthetic appearance. The developer is encouraged to give preference to artists living or working in the San Francisco Bay area, and to avoid using artists whose work is already displayed as public art within the City of Cupertino boundaries. G. Because the artwork will necessarily be highly visible to the public and be associated with City requirements, expressions of obvious bad taste or profanity shall not be approved. H. Water and/or electronic sculpture may be permitted if adequate assurance of continued maintenance is provided. I. Artwork shall be identified by an appropriate plaque or monument measuring not less than eight inches by eight inches. The plaque shall be made of a durable, permanent material and shall be placed near the artwork, and shall list the date of installation, title and artist, and medium. J. The artwork shall be a permanent, maintained fixed asset of the property, and statements to this fact shall be attached or recorded to the existing CC&R's or otherwise recorded on the property deed, to advise subsequent property owners of their obligations to maintain the artwork. 493 K. The proposed artwork shall meet the criteria for review as set forth in the City of Cupertino Public Art Program Guidelines for Selection of Public Art, as originally adopted by the City Council Resolution No. 05-040, or as later amended. L. The artist's qualifications will be evaluated and examples of past work may be reviewed. The review, however, shall be primarily for the purpose of determining the artist's experience with artwork of monumental proportion. (Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 19.148.070 Minimum Artwork Value. The minimum expenditure for the artwork, including but not limited to design, fabrication, and installation, is one-quarter of one percent of the building permit construction valuation, with the following tiers:, with an expenditure cap of one hundred thousand dollars, or such minimum expenditure and/or expenditure cap that is set forth in the Cupertino General Plan. a) 1% of the first $100 million of building permit construction valuation b) .9% of building permit construction valuation for valuation in excess of $100 million. (Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 19.148.080 Maintenance Requirements. The property owner shall maintain the artwork in good condition continuously after its installation, as determined appropriate by the City. Maintenance shall include all related landscaping, lighting, and upkeep, including the identification plaque. Artwork required or approved pursuant to this chapter cannot be removed, except for required maintenance or repair, unless approved by the City; at which time the City may require replacement or relocation of the artwork. In the event that the artwork is located in the public right-of-way, a maintenance agreement with the City shall be required. (Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 19.148.090 In Lieu Fee for Artwork is Discouraged. In some instances the placement of artwork on a particular property may not be feasible. In such cases, an in-lieu contributionmay be made to the City. The developer or property owner may apply to the Fine Arts Commission for an in-lieu fee alternative on projects that lack an appropriate location for public art, although such alternative is strongly discouraged. In such cases, an in-lieu contribution of 1.25% of the building permit 494 construction valuation may be made to the City, pursuant to the approval authority provisions of Cupertino Municipal Code Chapter 19.12.030. (Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009) 495 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3270 Name: Status:Type:Reports by Council and Staff Agenda Ready File created:In control:11/13/2017 City Council On agenda:Final action:7/3/2018 Title:Subject: Report on Committee assignments and general comments Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council7/3/2018 1 Subject: Report on Committee assignments and general comments Report on Committee assignments and general comments CITY OF CUPERTINO Printed on 6/27/2018Page 1 of 1 powered by Legistar™496