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12-027 4Leaf, Inc., Inspection Services for the Proposed New Apple Headquarters AGREEMENT BETWEEN THE CITY OF CUPERTINO AND 4LEAF,INC. FOR CONSULTANT SERVICES FO:R INSPECTION SERVICES FOR THE PROPOSED NEW APPLE HEADQUARTERS COMPLEX THIS AGREEMENT, for reference dated January 26, 2012, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and 4Leaf, Inc, a California corporation whose address is 2110 Rheem Drive, Suite A, Pleasanton, CA 94588, 925.462.5959, ctole(441eafinc.com: (hereinafter referred to as "Consultant"), and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on January 26, 2012, and shall terminate on December 31, 2012, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT: Consultant shall be compensated for services performed pursuant to this Agreement in the amount set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. Payment shall be made by checks drawn on the treasury of the City,to be taken from the 110-2217 fund(BS 16028). 4. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 1 5. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 6. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 7. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 8. HOLD HARMLESS: Indemnification: Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. 2 9. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 10A, B, C, D and E. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate - all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least$1,000,000. B. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants 3 to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance and Worker's Compensation insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 10. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 11. PROHIBITION AGAINST TRANSFERS: Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 4 12. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 13. PERMITS AND LICENSES: Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 14. REPORTS: A. Each and every report, draft., work product, map, record and other document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and/or (4) Other City projects as appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. 15. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in 5 accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 16. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Albert Salvador All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: 4Leaf, Inc. Attn: Craig Tole 2110 Rheem Drive, Suite A Pleasanton, California 94588 17. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within the time specified after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the 6 effective date of termination. 18. COMPLIANCE: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 19. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement(or the successors of those authoriti.es.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 20. ADVERTISEMENT: Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 21. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 22. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 22. INSERTED PROVISIONS: Each provision and clause required by Law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 23. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. 7 IN WITNESS WHEREOF,the parties have caused the Agreement to be executed. CONSULTANT CITY OF CUPERTINO A Municipal Corporatio 4Leaf Inc. ' CC1 0t e'(�V By �'--mt-e„ B y Albert Salvador Title ffG S t �j Title Building Official Date 3 / i/ I Z Date 3-5-2.0I Z RECOMMENDED FOR APPROVAL: - All /,' i By: Aarti Shrivastava Title Community Development Director APPROVED AS TO FORM: C. Korade, City Attorney ATTEST: G4C GL—=CCLA/10— Grace Schmidt, ActingCity Clerk • • 8 EXHIBIT A 4LEAF, INC. ENGINEERING • CONSTRUCTION MANAGEMENT • INSPECTION • PLAN CHECK City of Cupertino October 19, 2011 10300 Torre Ave. Cupertino,CA 95014-3255 Attn: Albert Salvador, P.E.,CBO RE: Proposal to Provide Inspection Services for the Apple Campus II Mock Building Dear Mr.Salvador, 4LEAF, Inc. (4LEAF) is excited to have the opportunity to present our proposal to provide inspection services on behalf of the City of Cupertino for the upcoming mock building at the Apple Campus II. 4LEAF has been providing project inspection services for numerous public and private clients since 1999. 4LEAF is ideal for the following reasons: Q Highly Qualified Staff 4LEAF has selected George Hoyt, CBO, LEED AP, CASp as our Lead Inspector for this project. George will be involved during all phases of this project including meetings with the building department, planning, designers, construction managers, and Apple representatives. George will oversee 4LEAF's full-time dedicated staff during construction and be available regularly for collaboration. George recently completed the City of Palo Alto's $350 Million Taube-Koret Campus for Jewish Living which was the recipient of numerous industry awards and was awarded LEED Silver by USGBC. This project was privately funded through a building department account. 4LEAF carries a wealth of combination inspectors available for projects of this nature. 4LEAF proposes to use a 2nd inspector with qualifications similar to Sergio Caldera. Sergio has more than 20 years of combination experience and has worked on numerous commercial projects including Cache Creek and numerous office complexes. El Inspection Services Tracking Software 4LEAF proposes to implement an Inspection Tracking Software called FreightrainTM. Inspection requests can be created by subcontractors or general contractors. They are then sent to the responsible party for initial quality control evaluation, and when deemed appropriate, are sent to the Inspectors. If the Inspectors conclude that the item has been completed satisfactorily, it is marked as resolved, otherwise it is sent to the appropriate party for resolution. As with other FreightTrain modules, the results are consolidated on the project's centralized database, can be viewed graphically on a room by room basis through its Visual Fragnet capability, can be used to generate and track construction completion metrics, and can be used as input to FreightTrain Analytics. All interested parties can be given a log-in and password to track the project in real time from an off-site location 2110 RHEEM DRIVE, SUITE A • PLEASANTON,CA 94588 • PHONE(925)462-5959 • FAX(925)462-5958 4LEAF, INC. ENGINEERING • CONSTRUCTION MANAGEMENT • INSPECTION • PLAN CHECK 0 Proposal 4LEAF proposes the following rates: Lead Senior Combination Inspector $125/hour Assistant Combination Inspector $105/hour If you have any questions or need any additional information, I may be reached on my office phone at (925)462-5959 or by cellular phone at(925) 580-4055. You may also reach me at ctole @4leafinc.com. Sincerely, 4LEAF, Inc. Craig Tole Kevin Duggan Business Development Manager President 2110 RHEEM DRIVE,SUITE A • PLEASANTON,CA 94588 • PHONE(925)462-5959 • FAX(925)462-5958 George Hoyt, CBO, LEED AP, CASp Senior Building Inspector Experience Summary Education George has been with 4LEAF for more than 7 years and has served our firm in a A.S.Degree Building Inspection number of capacities. George's versatility has allowed George to serve 4LEAF as Technology,Butte College,CA,1999 Chief Building Official, Code Compliance Manager, Inspection and Plan Review Certifications Manager, Supervising Inspector, Lead Inspector of Record, and Project Manager Certified Access Specialist(CASp) for some of our most important clients. George has also been a driving force in USGBC LEED AP 4LEAF's strategic planning and forecasting and he has created many of the ICC Certified Building Official policies, procedures, and reporting techniques used by our staff today. ICC Building Inspector ICC Electrical Inspector ICC Plumbing Inspector ICC Mechanical Inspector ICC Combination Inspector ICC Plans Examiner Select Professional Experience ICC Accessibility Inspector/Plans Examiner City of Palo Alto,CA-Mitchell Park Library and Community Center IAPMO Plumbing Inspector IAPMO Mechanical Inspector George is Inspector of Record for the construction of the new 56,000 square foot joint facility that will replace the two former facilities that were torn down State of California Emergency Services in October 2010.The new building$25 million project is expected to open in the Disaster Service Worker/Inspector Summer of 2012. P.C.832-Arrest and Citation Techniques Certifications The new Mitchell Park Library and Community Center is a highly sustainable Memberships joint-use facility that will be a vibrant destination for civic, cultural, social, International Code Council(ICC) educational, and recreational activities. The new center, which will replace the International Association of Plumbing undersized and aged facilities, is made possible through Measure N. and Mechanical Officials(IAPMO) International Association of Electrical Inspectors(IAEI) City of Palo Alto, CA-Taube-Koret Campus for Jewish Living(CIL) California Building Officials Association George was the Lead Inspector of Record responsible for the supervision of up (CALBO) to 4 staff members providing; construction inspection services on this 8.6 Acre Sacramento Valley Association of Building Officials(SVABO) $350 Million Dollar Project in Palo Alto at the former campus of the Sun ICC East Bay Chapter Microsystems Corporation at 901 San Antonio Road. This project included two ICC Peninsula Chapter major components which includes a 193 unit senior residential living complex ICC Monterey Bay Chapter ICC Yosemite Chapter (298,130 s.f.) and the Oshman Family Jewish Community Center(134,150 s.f.). The CJL project consisted of 12 separate buildings placed on a podium style parking garage with a capacity of 628 parking spaces. These buildings vary in height up to 4 stories with some occupied roofs and the structure in whole is classified as a Type I-FR structure. In addition, the campus includes a children's day care center and preschool,offices for non-profit organizations and a cultural and arts center and community center. 4LEAF, INC. 1 of 2 George Hoyt,CBO,LEED AP,CASp This project also includes ALTAIRE (Bridge Urban Infill Development) Multi-Family Housing. The ALTAIRE multi-family housing development encompasses the northerly 3.5 acres of the campus and shares common entrances with the Taube-Koret Project. This includes 103 two and three story town- homes in 11 separate buildings totaling 144,370 s.f. with a total construction valuation of $40 Million and is constructed as a Type V-1 Hour structure. In addition, George facilitated the coordination of the CASp inspector including the creation of punch-list items in relation to potential disabled access pitfalls prior to occupancy. Because of this, the contractors on site were able to rectify all issues prior to occupancy City of Dublin,CA George was the Supervising Building Inspector for the City of Dublin for approximately 4 years and was responsible for the supervision of up to eight full-time building inspectors. As the supervising inspector he would work directly with the senior City staff to manage the daily operations of the inspection staff and resolved interagency issues as they developed. On many occasions he would be assigned to research projects and report the findings and recommend solutions directly to the Building Official and Senior Inspector. George also performed building inspections for this municipal department for residential, multi-family,commercial, and city improvement projects. San Joaquin County,CA Mountain House Water Treatment Plant Plan Review George managed the Civil, Architectural, Structural, and MEP Plan Review for the Mountain House Water Treatment Plant Expansion for the County of San Joaquin, CA. This project was under an on-call arrangement and performed with knowledge of the San Joaquin County Department of Public Works Public Services Division procedures.The expansion will result in doubling the capacity of gallons per day and is estimated to increase the capacity to 0.45 (MGD)from 0.225 (MGD). Town of Avon,CO George was the Chief Building Official for this municipal department. His duties included managing the building division, supervising personnel, and reviewing/approving project documents for residential/commercial projects. He worked in conjunction with management staff and City Council to create an annual operational budget. He also created a team environment for all interagency departments to insure consistent compliance of all adopted codes and ordinances. In addition, George performed field inspections for residential/commercial projects as well the code enforcement duties. Eagle County,CO George was a building inspector and plans examiner for this municipal jurisdiction. This growing community consisted of large custom single-family homes and new commercial developments. His duties included providing full plan review services and field inspections for residential, commercial, and city improvement projects as assigned. He was also available to provide customer service to answer technical questions and resolved field discrepancies as,the developed. City of Folsom,CA George accrued inspection training as a building inspector in this municipal department after graduation from the Butte College Inspection Program. His responsibilities included performing field inspections on residential structures and assisting customers at the permit counter. In addition, George was able to work with senior City staff and learn some of the inter-workings of municipal building departments. 4LEAF, INC. 2 of 2 O 0 Ol co a d m U o U 6 tr] [i O Ti. v v 0 e 0 z z z Z Z 4 ' ti VJ N C O .9 U I o C us 0 0 o ° 6°s 449 vs 0 a • U _ ri E N 69 N 0 CU a VI 4, TO o a F o ro b '7 0 CO 3 w as c o o u = ^ o 0. . O• G bs EA 69 69 fA ' F. G c U H E v E-1 7 .'r .� _ 00 RR es ti ti 0 0 y 2 u ICI E c s s .0 .E .E o o r, O T U r 9 0 DC Ti.: W O a 0 0 0 ^r 0 la a c w w 6i N N Y t. C L° C u I a G 2 oo O a a O C V1 V ,� -O 1G C_ A C a C a U 0 o. 4 5 E .m u ' c > t .' < 0 c E E. 0 u F o m .9 .= A .a v t d :E g a 'o A E 'U' cc 'o E. Q E 0 0) c �C " - v a U w ft a z 0 - � .� o o o d N y A c t t o w E E c m s c O E " ." c o C N d C . 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' U g u a a cm v av m �eo E crd O N v v a.; o p Y., _ M b ZQd < Od CITY OF CUPERTINO RECEIPT NUMBER: BS000016028 RECEIVED BY: TRACIC PAYOR: APPLE, INC TODAY'S DATE: 02/15/12 REGISTER DATE: 02/16/12 TIME: 17 :34 3 REFUNDABLE DEPOSIT APPLE - TRB CONTRACT $44, 540. 00 REFUNDABLE DEPOSIT APPLE - 4LEAF CONTRACT $22,850. 00 MISC REVENUE 10% ADMIN $6, 739.00 TOTAL DUE: $74,129.00 CHECK $74, 129.00 REF NUM: 0002194825 TENDERED CHANGE $74 , 129. 00 $. 00