Cupertino City Council
April 4, 2023

CITY OF CUPERTINO

CITY COUNCIL
AGENDA
10300 Torre Avenue and 10350 Torre Avenue and via Teleconference Tuesday, April 4, 2023
6:00 PM
Non-Televised Closed Session (6:00) and Televised Open Session Regular Meeting (6:45)

IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the following ways:
1) Appear in person for Closed Session in City Hall, Conference Room C or for Regular Meeting in Cupertino Community Hall. Members of the public may provide oral public comments pertaining to the agenda prior to the beginning of Closed Session and after Roll Call.

Members of the public may provide oral public comments during the Regular Meeting as follows:

Oral public comments will be accepted during the meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item.

Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves.

Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments.
2) E-mail comments for Closed Session or Regular Meeting by 4:00 p.m. on Tuesday, April 4 to the Council at [email protected]. These e-mail comments will also be posted to

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the City’s website before and after the meeting.

Regular Meeting Teleconferencing Instructions
To address the City Council, click on the link below to register in advance and access the meeting:

Online
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_YPYj8zq1TGu0Bj6XNLfS4w Phone
Dial: 669-900-6833 and enter Webinar ID: 910 0411 0668 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number.

Or an H.323/SIP room system:

H.323:
162.255.37.11 (US West)
162.255.36.11 (US East)
Meeting ID: 910 0411 0668
SIP: [email protected]
After registering, you will receive a confirmation email containing information about joining the webinar.

Please read the following instructions carefully:

1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer.

2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation.

3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak.

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4. When called, please limit your remarks to the time allotted and the specific agenda topic.

5. Members of the public that wish to share a document must email [email protected] prior to speaking. These documents will posted to the City’s website after the meeting.

ROLL CALL - 6:00 PM
10300 Torre Avenue, Conference Room C

CLOSED SESSION

1. Subject: Conference with legal counsel - existing litigation pursuant to Government Code § 54956.9 (five cases)
a. National Opioids Settlements - Teva, Allergan, CVS, Walgreens, and Walmart b. Huang Family v City of Cupertino, Santa Clara County Superior Court Case No. 19CV347316
c. Huang v. City of Cupertino, Santa Clara County Superior Court Case No. 20CV369469;
d. Huang Family v. City of Cupertino, Santa Clara County Superior Court Case No. 22CV404353
e. Jane Wang v. City of Cupertino, U.S.D.C. N.D. Cal. Case No. 22-cv-06822-BLF RECESS

OPEN SESSION
CALL TO ORDER - 6:45 PM
10350 Torre Avenue, Community Hall and via Teleconference

PLEDGE OF ALLEGIANCE

ROLL CALL

CLOSED SESSION REPORT

CEREMONIAL ITEMS

2. Subject: Proclamation declaring April as Fair Housing Month Recommended Action: Present proclamation declaring April as Fair Housing Month A - Proclamation

PRESENTATIONS

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3. Subject: Presentation from Assemblyman Evan Low's Office regarding Assembly Constitutional Amendment 5: Relating to Marriage
Recommended Action: Receive the presentation from Assemblyman Evan Low's Office regarding Assembly Constitutional Amendment 5: Relating to Marriage A - ACA 5 (Low) Marriage Equality Fact Sheet

POSTPONEMENTS AND ORDERS OF THE DAY

ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda for discussion, including informational items. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment.

CONSENT CALENDAR (Items 4-8)
Items appearing on the Consent Calendar are considered routine City business and may be approved by one motion. Typical items may include meeting minutes, awards of contracts, the ratification of accounts payable, and second readings of ordinances. Any member of the Council may request to have an item removed from the Consent Calendar based on the rules set forth in the City Council Procedures Manual. Members of the public may provide input on one or more consent calendar items when the Mayor asks for public comments on the Consent Calendar.

4. Subject: Consider staff reports and the attachments provided at the June 21, 2022 and March 7, 2023 City Council meetings regarding the Chamber of Commerce (Continued from March 21)
Recommended Action: Receive the report on previously presented Chamber of Commerce related information

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Staff Report from March 21, 2023
A - June 21, 2022 Staff Report
B - March 7, 2023 Memorandum
C - Payments to Chamber Jan 2015 - Mar 2022
D - Festivals - City Fees Waived & City Expenses
E - Reservations for Meeting Space at City Facilities
F - AP Report (Including Chamber Contract Payment)
G - I Love Cupertino Invoices
H - CC 03-21-2023 Item No. 3. Chamber of Commerce Information_Supplemental Report

5. Subject: Consider authorizing execution of a Maintenance Services Contract for City-owned orchards (Continued from March 21)
Recommended Action: 1. Authorize the City Manager to execute the Maintenance Service Contract with Anderson Tree Care Specialists, Inc. to provide orchard maintenance services for three years, at an annual amount not-to-exceed $65,746, and if performance is satisfactory, allow up to two additional years of service.

2. Adopt Resolution No. 23-038 approving budget modification 2223-267 increasing appropriations in the Blackberry Farm Grounds Maintenance (100-84-811) and neighborhood Parks Maintenance (100-84-813) budgets by $8,362 and $3,875 respectively
Staff Report from March 21, 2023
A - Draft Contract
B - Draft Resolution
C - 03-21-2023 City Council Desk Item

6. Subject: Consider approval of the March 21 City Council minutes Recommended Action: Approve the March 21 City Council minutes A - Draft Minutes

7. Subject: Consider the proposed rescission of the Proclamation of a Local Emergency regarding the presence and community spread of the COVID- 19 pandemic Recommended Action: Adopt Resolution No. 23-041 rescinding the Proclamation of existence of a Local Emergency regarding the presence and community spread of the COVID- 19 pandemic
Staff Report
A - Draft Resolution
B - Resolution No. 20-028 Ratifying the Director of Emergency Services Proclamation on March 11 2020 of the Existence of a Local Emergency

8. Subject: Consider authorizing an increase in the total contract amount with Guerra Construction Group for the Wilson Park Basketball Court Project (Project No. 2022-11).

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Recommended Action: 1. Authorize the Director of Public Works to execute any necessary change orders for an additional construction contingency amount of $40,000 and increase the authorized contract amount to a not-to-exceed total of $369,421.40 to Guerra Construction Group; and

2. Adopt Resolution No. 23-042 approving budget modification #2223-271 increasing appropriations by $40,000 in the Capital Improvement Program Capital Projects Fund (budget unit 420-99-252) for construction contingency and transferring the funds from the Capital Reserve (budget unit 429-99-001).

Staff Report
A - Draft Resolution
PUBLIC HEARINGS - None
Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to [email protected]. Plans will also be made available digitally during the hearing to consider the proposal.

ACTION CALENDAR

9. Subject: Adopt Fiscal Year 2023-2025 City Work Program Recommended Action: Consider Adopting Fiscal Year 2023-2025 City Work Program Presenter: Astrid Robles, Management Analyst
Staff Report
A - Council Workshop Report
B - FY 23-25 Proposed City Work Program

10. Subject: Consider submitting a letter in support of, or otherwise regarding, Assembly Bill (“AB”) 1469: Valley Water - Assisting Unsheltered People Recommended Action: Consider submitting a letter in support of AB 1469 Presenter: Christopher Jensen, City Attorney
Staff Report
A - Assembly Bill 1469
B - Draft Letter Re AB 1469

COUNCIL REPORTS AND COMMENTS

11. Subject: Councilmember Reports
A - Council Report, Fruen
B - Council Report, Mohan
C - Council Report, Wei

CITY MANAGER REPORT

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ORAL COMMUNICATIONS - CONTINUED

INFORMATIONAL ITEMS
Information items are intended to provide background information and routine reports to Councilmembers and the public, without discussion by Council. Members of the public wishing to comment on informational items should do so during oral communications.

12. Subject: Informational memorandum on the Code Enforcement processes Recommended Action: Receive the informational memorandum on the Code Enforcement processes
A - Memorandum

COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS

ADJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino’s lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists.

For more information about the lobbying ordinance, please contact the City Clerk’s Office at 10300 Torre Avenue, Cupertino, CA 94107; telephone (408) 777-3223; email [email protected]; and website: www.cupertino.org/lobbyist.

The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law.

Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form.

In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format.

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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, Cupertino, California 95014, 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 section

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. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website.

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CITY OF CUPERTINO
Agenda Item
23-12129 Agenda Date: 4/4/2023
Agenda #: 1.

Subject: Conference with legal counsel - existing litigation pursuant to Government Code § 54956.9 (five cases)
a. National Opioids Settlements - Teva, Allergan, CVS, Walgreens, and Walmart b. Huang Family v City of Cupertino, Santa Clara County Superior Court Case No. 19CV347316 c. Huang v. City of Cupertino, Santa Clara County Superior Court Case No. 20CV369469; d. Huang Family v. City of Cupertino, Santa Clara County Superior Court Case No. 22CV404353 e. Jane Wang v. City of Cupertino, U.S.D.C. N.D. Cal. Case No. 22-cv-06822-BLF CITY OF CUPERTINO Page 1 of 1 Printed on 3/29/2023
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CITY OF CUPERTINO
Agenda Item
23-12151 Agenda Date: 4/4/2023
Agenda #: 2.

Subject: Proclamation declaring April as Fair Housing Month Present proclamation declaring April as Fair Housing Month CITY OF CUPERTINO Page 1 of 1 Printed on 3/29/2023
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:a,..>:H:i.-wJnmgnAg, ' Adequate housing is a basic need and right'of everyone,' id'.Qa': -') ;:I'Q S '. ' , ! - " .

S. F. :,l.':ffj.." if'+" " hco"usoinfgcanuPderf'airotrwea"stmhe"'1"" J_JJ't:fTJ :a:.a J_:.;. ,=a:: 'm8EREAS, This year marks the 55th anniversary of the enactment of the _ '- ' - "" J'-" ,':,a.:' ',," -" ' Federal Fair Housing Act of 1968 (Title VIII of the Civil Rights " - - ' .. '.' Act), which states that discrimination in the sale and rental of a . ,a '-. -' '1')x.J:i " " housingisillegalwhenbasedonrace,color,religion,sex,"nationa%.. -.-.I.".', - "1 "
.'. ' ".a ,_ origin, disability, or familial status; and . _ : ',-s

7.'_'(."', WHEREAS, Californialawprotectsagainsttheaforementionedcategoriesof ;,-,"'a,'." discrimination, as well as disctimination based upon age, matital _ ' - . astatus, gender identity, or any other arbitrary factor; and ' a.a. - WHEREAS, Project Sentinel is a nonprofit orga_nization the City is proud to ". .' .-'::
support by ptoviding grant funding so they can continue :
promoting fairness and equality of housing for everyone and . . - '" :.,'.3 advocating fot peaceful resolution of disputes; and _. _ . :,- " ' WHEREAS, The City of Cupertino joins Project Sentinel in supporting fair -" <-:'.. :- ', housing efforts, and wishes to focus public attention on April as ' " a . a>:' 'S:='- ' FairHousingMonth.
, ' _;':fTHEREFORE, I, Mayor Hung Wei, and the Cupertino City Council do hezeby. - . ', S:3-. :-'.-," . ' . proclaim the month of April in the City of Cupertino as l _l....,.l s J = a :
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:'_JI-'?and.qirieoujQgeaevery person and community organizatiqn'toceieb.rate the valW'o.f.1g.:)lj=y" -.: <-;' -" hafrr'i6niotis mdadiverse cornrnunities, and to support the common goaI 'of-.:fair:h'o'q-sirtg,...f3="', ',":','S:-::;ppqr6'R8fy 06r. every6ne.. " ia .. a '. " J5:,'-..,4S4='J':f', .- ;JS- { IN""'WITNE';'S.'j'HERFj)IN,-I'havehereuntoset'my.'hand'and.c:ausedthe!si } Cupethno to be affixed thrs Tuesday, April Foutth, Two Thousand a_ffid %enty Three - (z -: . .., , ._- ._ . . ffi ,-=- _l=-_ -, -=.-
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CITY OF CUPERTINO
Agenda Item
23-12196 Agenda Date: 4/4/2023
Agenda #: 3.

Subject: Presentation from Assemblyman Evan Low's Office regarding Assembly Constitutional Amendment 5: Relating to Marriage
Receive the presentation from Assemblyman Evan Low's Office regarding Assembly Constitutional Amendment 5: Relating to Marriage
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OFFICE OF ASSEMBLYMEMBER
Evan Low

TWENTY-SIXTH ASSEMBLY DISTRICT
Staff Contact: Mao Yang, [email protected], (916) 319-2026 Last updated: 02/25/2023

CAPITOL OFFICE
1021 O Street, Suite 6110
Sacramento, CA 95814
(916) 319-2026
Fax: (916) 319-2126

WEBSITE
http://asmdc.org/members/a26/

DISTRICT OFFICE
20111 Stevens Creek Blvd, Suite 220
Cupertino, CA 95014
(408) 446-2810
Fax: (408) 446-2815
E-MAIL
[email protected]
Assembly Constitutional Amendment 5: Relating to Marriage

SUMMARY
Assembly Constitutional Amendment (ACA) 5
expresses the intent of the Legislature to amend the
state Constitution relating to marriage equality.

BACKGROUND
In November 2008, 52 percent of Californians voted in
favor of Proposition 8, which amended the state
constitution to state “only marriage between a man
and a woman is valid or recognized in California.”
In August 2010, Chief U.S. District Judge Vaughn
Walker ruled that Proposition 8 was unconstitutional
under the due process and equal protection clauses
of the Fourteenth Amendment to the U.S.

Constitution. In February 2012, the U.S. Ninth Circuit
Court of Appeals continued to uphold both of the
federal judges’ rulings, and finally the case was taken to the U.S. Supreme Court. On June 26, 2013, the
Supreme Court ruled that the appellants in Proposition
8 did not have standing to bring the case, effectively
nullifying the amendment.

On June 26, 2015, the U.S. Supreme Court ruled, in
Obergefell v. Hodges, that state bans on same-sex
marriage, as well as bans on recognizing same-sex
marriages performed in other jurisdictions, were
unconstitutional. The Court’s 5-4 ruling cited the due
process and equal protection clauses of the
Fourteenth Amendment to the U.S. Constitution. The
decision resulted in marriage equality at the federal
level.

PROBLEM
Last year, the U.S. Supreme Court published its
decision in the case Dobbs v. Jackson Women’s
Health Organization, which overturned the Court’s
previous rulings in Roe v. Wade and Casey v. Planned
Parenthood of Pennsylvania. Justice Clarence
Thomas alluded to the decision’s potential
implications for marriage as well, stating in his
concurrence to the decision, that the Court “should
reconsider all of [its] substantive due process
precedents, including Griswold, Lawrence, and
Obergefell. Because any substantive due process
decision is ‘demonstrably erroneous,’ we have a duty
to ‘correct the error’ established in those
precedents…”
If the Supreme Court rules to overturn the precedents
set in Obergefell v. Hodges, same-sex marriage could
potentially be put at risk in the state of California.

While Hollingsworth v. Perry nullified the section of the California Constitution stating marriage to be only
valid and recognized when between man and woman,
that section of the Constitution still remains and could be re-applied should the Supreme Court revisit and
reverse its previous ruling.

SOLUTION
ACA 5 would express the intent of the Legislature to
amend the Constitution of the State relating to
marriage equality. As a leader on LGBTQ+ rights and
inclusivity for the rest of the country, it is California’s duty to ensure that the tens of thousands of LGBTQ+
Californians who are married are protected and that
the right to marry remains available to all Californians, regardless of their sexual orientation or gender
identity.
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CITY OF CUPERTINO
Agenda Item
23-12169 Agenda Date: 4/4/2023
Agenda #: 4.

Subject: Consider staff reports and the attachments provided at the June 21, 2022 and March 7, 2023 City Council meetings regarding the Chamber of Commerce (Continued from March 21) Receive the report on previously presented Chamber of Commerce related information CITY OF CUPERTINO Page 1 of 1 Printed on 3/29/2023
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CITY COUNCIL STAFF REPORT
Meeting: March 21, 2023
Subject
Consider staff reports and the attachments provided at the June 21, 2022 and March 7, 2023 City Council meetings regarding the Chamber of Commerce.

Recommended Action
Receive the report on previously presented Chamber of Commerce related information.

Discussion
An informational item was provided to Council at the March 7, 2023 agenda responding to City Council questions raised during the June 21, 2022 meeting regarding Cupertino Chamber of Commerce.

During the meeting on March 7, 2023, City Councilmembers Moore Chao requested a future agenda item to discuss the Chamber of Commerce attachments provided at the June 21, 2022 City Council meeting. No Council direction is requested regarding this item at this time.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.
_____________________________________
Prepared by: Tina Kapoor, Economic Development Manager
Reviewed by: Christopher D. Jensen, City Attorney
Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – June 21, 2022 Staff Report
B – March 7, 2023 Memorandum
C -- Payments to Chamber January 1, 2015 - April 1, 2022 D – Festivals: City Fees Waived & City Expenses
E – Reservations for Meeting Space at City Facilities
F – AP Report (Including Chamber Contract Payment)
G – I love Cupertino Invoices
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CITY COUNCIL STAFF REPORT
Meeting: June 21, 2022
Subject
Consider Accounts Payable report ending December 20, 2021 and approval of Accounts Payable report.

Recommended Action
Receive report and adopt Resolution No. 22-015 accepting Accounts Payable for the period ending December 20, 2021. (Attachment E)
Discussion
On March 15, 2022, City Council directed staff to provide a report on all payments made by the City to the Cupertino Chamber of Commerce (Chamber) since 2015. Staff reviewed payments and support provided to the Chamber within the same timeframe and categorized them under payments, festivals, and meeting space. Details on payments in these categories are included as Attachments A, B, and C respectively.

A brief overview of the payments follows:

1. Payments
The City has paid the Chamber a total of $218,197.91 for the period from January 1, 2015 to March 1, 2022. The table below shows the breakdown of costs per year in this timeframe.

Fiscal Year Payment Amount Payment Description
FY 14-15
(Starting January
1, 2015)
$10,425.00 • $8,000 annual partnership
• $2,425 registrations for events
(State Of The City (SOTC),
Legislative Action Committee
(LAC), Lunar New Year Luncheon,
etc)
FY 15-16 $20,485.00 • $16,000 annual partnership
• $1,305 membership fee
• $1,680 event registrations (SOTC,
LAC)
• $1,500 Dining & Entertainment
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Guide
FY 16-17 $25,215.00• $16,000 annual partnership • $1,450 membership fee • $1,275 event registrations (SOTC, LAC)
•$5,990 Full-Page ads in Business
Directory
• $500 Food Truck Coordination
FY 17-18 $22,445.00• $16,000 annual partnership • $1,450 membership fee • $2,995 Full-Page ads in Business Directory
•$2,000 QCC and Memorial Park
rental refund
FY 18-19$50,720.47• $16,000 annual partnership • $1,450 membership fee • $30,215 I Love Cupertino (ILC )
project
•$1,200 food truck coordination
•$555 permits for neighborhood
events
• $500 for food permit consulting
services
•$800 QCC and Community Hall
rental refund
FY 19-20$51,904.31•$16,000 annual partnership
•$1,500 membership fee
•$560 registrations for event
registrations (LAC, Food and Wine
pre-sale bundle)
• $500 Bobatino • $5,990 Business Directory • $25,174.31 ILC project • $2,180 QCC rental refund FY 20-21$27,503.13•$16,000 annual partnership
•$1,500 membership fee
•$222.50 materials and registrations
for events (Lunar New Year, Thai
New Year)
•$9,780.63 ILC project
FY 21-22
(As of March 1,
2022)
$9,500• $8,000 annual partnership • $1,500 membership fee TOTAL $218,197.91
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Payments made for invoices received from the Chamber in the above timeframe have ranged from $9,500 to $51,904.31 for the annual partnership, membership fee, meeting registrations, various coordination efforts, rental deposit refunds, and I Love Cupertino. A list of all invoices is included with this report as Attachment A.

2. Festivals
As part of the budget approval process each fiscal year, Council approves costs associated with third-party festivals that the City supports and waives related fees. Attachment B highlights the breakdown of Council-approved amounts for festivals for the period ranging from FY 15-16 to FY 21-22. Amounts shown in table below represent what was approved by Council to support Chamber festivals, except in FY 20-21 when all festivals were cancelled.

Fiscal Year Fees Waived Cost to the City
FY 15-16 $4,212.25 $1,320.07
FY 16-17 $4,212.25 $1,320.07
FY 17-18 $12,159 $4.819
FY 18-19 $15,069 $6,135
FY 19-20 $15,451 $3,816
FY 20-21* N/A N/A
FY 21-22 $15,111 $7,770
TOTAL $91,396.64
* All events scheduled for FY 20-21 were cancelled due to the pandemic, hence there were no actual City fees waived or costs to the City for these events during that year.

3. Meeting Space
In addition, City staff reserved space in City facilities for Chamber meetings and therefore no fee was charged to the Chamber. Based on the reservation records, it appears that most of these meetings were for the Chamber’s Legislative Action Committee (LAC) that often covered Cityoriented topics and were regularly used by City staff as an outreach mechanism to connect with the business community. A list of these reservations is highlighted in Attachment C. Assuming that the City had chosen to apply the non-profit rate for these meetings, the imputed cost is between $90 to $495 per year as shown in the table below.

Year Stated Purpose Fee if Booked as Non-Profit
2015 City/Chamber event (1 meeting) $270
2016 City/Chamber event, LAC (6
meetings)
$375
2017 LAC (11 meetings) $495
2018 LAC (7 meetings) $315
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2019 LAC (11 meetings) $495
2020 LAC (2 meetings) $90
2021 N/A $0
2022 N/A $0
TOTAL $2,040
I Love Cupertino
In 2018, the City partnered with the Chamber to launch the I Love Cupertino program. While intended to serve as a state-of-the-art digital portal for visitors and the community to support small businesses, the program has been underutilized and still has not reached its full potential.

Staff is considering proven models from other cities that can be replicated in order to revamp this program. The focus will be to benefit small businesses by serving as an online marketplace and showcase Cupertino as a destination for visitors and the community. Modifications to the existing platform will allow new customers to discover and support local and small businesses and visitors and the community to access information about Cupertino.

The pandemic has proven that it is important for organizations and businesses to amplify their digital presence to connect with broader audiences. Taking lessons from the existing program and applying known successful methodologies, the program can achieve better outcomes and be more widely utilized.

The amounts paid by the City for I Love Cupertino program are shown in table below. These costs include design and development of the platform and concept implementation during program launch, as well ongoing cost for database subscription, website hosting and website maintenance. There have not been any invoices submitted or payments made for the program since July 1, 2021.

Fiscal Year Cost
FY 17-18 $30,215
- Logo concept and design
- Program implementation
- Data subscription
- Website concept, design, layout
and deployment
- Domains
- Social media content
FY 18-19 $25,175
- Data subscription
- Website hosting
- Website Maintenance
FY 19-20 $5,556
- Member management
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subscription for business directory
(Membee)
FY 20-21 $4,224
- Member management
subscription for business directory
(Membee)
FY 21-22 $0
Total $65,170
Next Steps
With the objective of enhancing the review and tracking of invoicing, payments, and deliverables between the City and the Chamber, staff is negotiating a future scope of work with the Chamber of Commerce. This future agreement will delineate the terms of engagement including reporting requirements. The scope of work will include topics such as business assistance, marketing and promotions, and hosting events and meetings. The agreement will also outline proper payments for meeting space at City facilities and set parameters around City staff time to be utilized only when aligned with City priorities and related activities.

Finally, once the details of the modified I love Cupertino program are defined, the maintenance and operation could also be included as part of the future ongoing agreement with the Chamber.

Sustainability Impact
No sustainability impact.

Fiscal Impact
There is no fiscal impact from receiving this report. The first of two $8,000 payments for this year has been made to the Chamber and is reflected in the Accounts Payable Report for the period ending December 20, 2021. The second payment will be made once an agreed upon MOU is established. The funds have already been budgeted so no further appropriations are needed at this time. Accepting the Accounts Payable for the period ending in December 20, 2021 will meet requirements set forth for the City Treasurer for check issuance (per Resolution No. 5939).
_____________________________________
Prepared by: Tina Kapoor, Economic Development Manager
Reviewed by: Chris Jensen, City Attorney
Dianne Thompson, Assistant City Manager
Katy Nomura, Deputy City Manager
Approved for Submission by: Jim Throop, City Manager
Attachments:

A – Payments to Chamber January 1, 2015 - April 1, 2022 B – Festivals: City Fees Waived & City Expenses
C – Reservations for Meeting Space at City Facilities
D – Draft Resolution
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E – AP Report (Including Chamber Contract Payment)
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CITY COUNCIL INFORMATIONAL MEMORANDUM
Date: March 7, 2023
To: Cupertino City Council
From: Pamela Wu, City Manager
Re: Response to Council Inquiries
Background: On June 21, 2022, Councilmembers Chao and Moore moved to provide the following direction to staff:

Bring back a future agenda item for a study session to review past partnership and support for Cupertino Chamber of Commerce and discuss options of future partnership with the Chamber.

Staff is working on drafting an agreement with the Chamber of Commerce. Responses to the remaining items numbered 1 ‐ 10 are included in this memorandum.

Including information:

1. Information on other cities and their relationship with Chamber In 2022, staff conducted research on 10 cities in the County and their relationship with the local Chamber of Commerce. All cities surveyed have partnerships with their Chambers. Only 4 out of the 10 cities surveyed had a formal agreement in place. Some cities have one‐time agreements with their Chamber for specific projects. Funds provided to the Chambers in various cities have ranged from $295 to $1,461,601 annually.

The following table shows the details on the partnership other cities in Santa Clara County currently have in place with their Chambers.
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City Chamber
Partnership
(Yes/No)
Payment
Amount to
Chamber
(annually)
Type of
Agreement
Additional Details
Campbell Yes $295
membership fee
No formal
agreement
Annual membership
Gilroy Yes $200,000 Formal agreement
in place until FY
19‐20
Collaborated on the Welcome
Center. City paid the Chamber
$200,000 annually for the
Economic Development
Corporation function until FY 19‐

20. Gilroy Yes $15,000‐$20,000 No formal
agreement
The Chamber facilitated business
grants for the City and were paid
15% of each approved
application.

Los Gatos Yes $60,000   Formal agreement Chamber operates the Visitor Center as well as Leadership Los
Gatos
Milpitas Yes $1,000
membership fee
No formal
agreement
Chamber partners on economic
development projects. Chamber
representative serves on the
Economic Development Trade
Commission
Morgan
Hill
Yes $550
membership fee
No formal
agreement
Annual membership plus
support for events and initiatives
Mountain
View
Yes $10,000 (for Tech
Showcase event)
Lease agreement   Chamber leases City‐owned
building for nominal rent. Visitor
Center is also operated by the
Chamber, City covers the rent
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City Chamber
Partnership
(Yes/No)
Payment
Amount to
Chamber
(annually)
Type of
Agreement
Additional Details
San Jose
(these are
one‐time
agreements,
unless
stated
otherwise)
Yes $95,000 in 2009 Formal agreement
with the Hispanic
Chamber of
Commerce in 2009
Chamber to help low to
moderate income entrepreneurs
in the City through
programming and integration of
newly formed businesses with
Business Owner Place online
platform
$50,000 in 2014 Formal agreement
to San Jose Silicon
Valley Chamber of
Commerce in 2014
Chamber to develop a Business
Development Strategy to
support job growth, business
retention, expansion, attraction,
and promote City’s positive
attributes
$76,000 in 2017 Formal
agreements with
the Hispanic
Chamber ($40,000)
and Black
Chamber (36,000)
in 2017.

Ethnic Chambers to provide
technical assistance to small and
ethnic businesses. City is
currently negotiating a new
agreement with the Hispanic
Chamber for FY 22‐23
$50,000 in 2018 Formal agreement
with San Jose
Silicon Valley
Chamber in 2018
Chamber to provide services to
enhance the environment for
small business community,
branding the City, workforce
readiness of residents and meet
with visiting international
business delegations
$100,000 in 2020 Formal agreement
with Black
Chamber of
Commerce
($35,000) and
Hispanic Chamber
of Commerce
($65,000) in 2020
Chamber to raise consciousness
to buy local and focus on
supporting local businesses
impacted by COVID‐19 and
facilitating small businesses
reopening
Santa Clara Yes $1,461,601   Formal agreement
(one‐time) with
Chamber in 2017
Chamber to provide Convention
and Visitors Bureau Services
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City Chamber
Partnership
(Yes/No)
Payment
Amount to
Chamber
(annually)
Type of
Agreement
Additional Details
Saratoga Yes $17,137
membership fee
in 2022
Formal agreement Chamber to provide services for
walk‐in, telephone, email, or fax
requests on tourism &
information materials, city
information & materials,
quarterly report
Sunnyvale Yes $1,000
membership fee
No formal
agreement
Annual membership

2. What other payments are made to contracts which do not have any written agreements? The chamber is the only contract we are aware of that had a verbal agreement.

3. What other payments are made for evergreen contracts, which will continue without any Council approval?
The City’s contract management system (Cobblestone) shows that there are no evergreen contracts.

The City has drafted a new Purchasing Policy, which is being reviewed by staff and the City’s internal auditors for conformance with industry best practices and which will establish procedures for recurring procurement of goods and services from the same vendor. This review will include evergreen contracts. Once staff has completed their review, this policy will be brought to City Council.

4. What process is there to confirm an invoice contains enough information to justify the amount of the invoice?
The City has a multi‐step process for invoice entry and approval.  Department staff are responsible for reviewing the invoice and determining if there is sufficient information to pay. The same staff person enters the invoice and documentation into the City’s financial system and routes it for approval. The invoice is then sent to a Supervisor or Analyst for invoice review and payment approval. This approval includes a review of the invoice for sufficient information for payment.

Once approved the invoice is routed via the City’s financial system for Finance’s review.  This review ensures an invoice is attached, the amount on the invoice and amount entered match and the selected account being billed to is reasonable.
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5. Whether Chamber qualifies for nonprofit fees for facility rental The Cupertino Chamber of Commerce is registered as a nonprofit and has received the nonprofit rental rate for booking City facilities. The Chamber provides the City the IRS 501 c Determination letter per City’s Fee Schedule requirements.

6. What communication methods do we have with all businesses who have Cupertino business licenses?
There are several methods of communication in place for all business license holders in Cupertino including annual renewal notices, email, Business Connect newsletter, Cupertino Scene, and Minimum Wage Mailers.

7. How do we support ALL Cupertino businesses?
The Economic Development Division aims to connect with and support all new, existing, and even prospective businesses in the City. The Division works closely with various City departments including CDD, Administrative Services, IT, and Public Works, as well as external partners such as the SBDC, Chamber, and SVEDA to help understand the needs of our local businesses and share resources with them. In addition to these efforts, Economic Development staff has recently launched several initiatives to provide support to and connect with all businesses in Cupertino including the Cupertino Business Outreach Program, Business Connect Newsletter, and local economy survey, with more programs currently in the pipeline.

8. Liability insurance certificate from Chamber or waiver signed by staff? Liability insurance is not required for groups renting facilities unless alcohol is being served.

Organizations running festivals are required to provide liability insurance, and staff receives this insurance from the Chamber of Commerce.

9. I Love Cupertino contract and subscription and itemized expenses In 2022, City Council had directed staff to provide a report on payments made by the City to the Chamber for I Love Cupertino Program. In 2018, per Council’s direction at the time to develop the program, the City partnered with the Chamber to launch the I Love Cupertino program.

The amounts paid by the City for I Love Cupertino program are shown in the table below. These costs include design and development of the platform and concept implementation during program launch, as well ongoing cost for database subscription, website hosting and website maintenance. There have not been any invoices submitted or payments made for the program since July 1, 2021.
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Fiscal Year Cost
FY 17‐18 $30,215
Logo concept and design
Program implementation
Data subscription
Website concept, design, layout and deployment
Domains
Social media content
FY 18‐19 $25,175
Data subscription
Website hosting
Website Maintenance
FY 19‐20 $5,556
‐     Member management subscription for business directory (Membee) FY 20‐21 $4,224
‐     Member management subscription for business directory (Membee) FY 21‐22 $0
FY 22‐23 $0
Total $65,170

10. Why IT Department did not help build the website
IT was not involved in this project. When this program was created, IT was working on multiple critical projects and would not be able to deliver to meet desired timeline. Therefore, staff did not ask IT to work on this project. Instead, staff partnered with the Chamber of Commerce to design and host the program.

Next Steps: Although the future agenda item added by Councilmember Moore and Councilmember Chao at the June 21 council meeting calls for a study session in order to get answers to the questions in this report, staff has addressed all the questions in detail via this informational memo.  If Council wishes to discuss this further, this can be added as a future agenda item by Council.

Sustainability Impact: No sustainability impact.

Fiscal Impact:  No fiscal impact.
_____________________________________
Prepared by: Tina Kapoor, Economic Development Manager
Reviewed by: Matt Morley, Assistant City Manager
Chris Jensen, City Attorney
Approved for Submission by:  Pamela Wu, City Manager
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Check
TransactionDate
Check
EFT
Number
Vendor Payee Invoice Number Invoice GL Date Invoice Description Item Header Description Item Description Amount GL Account Delimited Full Account Description Full 1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
GeneralServiceAgreement SOC Kristina Alfaro 25.00$
100‐40‐400 600‐605
Materials MeetingExpenses
1/23/2015 680737

CUPERTINO

CHAMBER OF
COMMERCE 2015‐00000168 1/15/2015
State of the City Attendee
Registration
Conferenceand Meeting SOC Jaqui Guzman 25.00$
100‐40‐400 600‐605
Materials MeetingExpenses
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOC Aarti Shrivastava 25.00$
100‐70‐700 600‐605
Materials MeetingExpenses
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City Attendee
Registration
Conferenceand Meeting SOCGary Chao 25.00$
100‐70‐700 600‐605
Materials MeetingExpenses
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOCAlbert Salvador 25.00$
100‐70‐700 600‐605
Materials MeetingExpenses
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City Attendee
Registration
MeetingExpenses SOC Julia Kinst 25.00$
100‐70‐700 600‐605
Materials MeetingExpenses
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOC Lisa Taitano 25.00$
100‐40‐400 600‐605
Materials MeetingExpenses
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
MeetingExpenses SOC Carol Atwood 25.00$
100‐60‐601 600‐605
Materials MeetingExpenses
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Councilmember R. Sinks SOC Rod Sinks 25.00$
100‐10‐100 600‐624
MaterialsCouncilmember RSinks
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Councilmember R. Sinks SOC Orrin Mahoney 25.00$
100‐10‐100 600‐624
MaterialsCouncilmember RSinks
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Councilmember R. Sinks SOC Mark Santoro 25.00$
100‐10‐100 600‐624
MaterialsCouncilmember RSinks
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City Attendee
Registration
Councilmember R. Sinks SOC Richard Price 25.00$
100‐10‐100 600‐624
MaterialsCouncilmember RSinks
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOC Gilbert Wong 25.00$
100‐10‐100 600‐627
MaterialsCouncilmember G.Wong

ATTACHMENT A
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1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOC Barry Chang 25.00$
100‐10‐100 600‐630
MaterialsCouncilmember B.Chang
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOC Darcy Paul 25.00$
100‐10‐100 600‐625
MaterialsCouncilmemberDarcy Paul
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOC Savita Vaidhyanathan 25.00$
100‐10‐100 600‐628
MaterialsCouncilmemberSavita Vaihysnatha
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOC Ryan Roman 25.00$
100‐80‐800 600‐629
MaterialsConference andTraining
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOC Cheri Donnelly 25.00$
100‐80‐800 600‐629
MaterialsConference and
Training
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOC Chris Mertens 25.00$
100‐80‐800 600‐629
MaterialsConference andTraining
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOC Mariyah Serratos 25.00$
610‐34‐310 600‐629
MaterialsConference and
Training
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOC Timm Borden 25.00$
100‐80‐800 600‐629
MaterialsConference and
Training
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOC Roger Lee 25.00$
100‐80‐800 600‐629
MaterialsConference and
Training
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOCRick Kitson 25.00$
100‐30‐300 600‐629
MaterialsConference andTraining
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOCLisa MM 25.00$
100‐30‐300 600‐629
MaterialsConference and
Training
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOC Colleen Winchester 25.00$
100‐15‐141 600‐629
MaterialsConference andTraining
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOC Carol Korade 25.00$
100‐15‐141 600‐629
MaterialsConference and
Training
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOC Louis Sarmiento 25.00$
100‐15‐141 600‐629
MaterialsConference andTraining
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOC Cheryl Mannix‐Smith 25.00$
100‐15‐141 600‐629
MaterialsConference and
Training

ATTACHMENT A
29 2
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1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOC Sara Johnson 25.00$
100‐15‐141 600‐629
MaterialsConference and
Training
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOC Kirsten Squarcia 25.00$
100‐13‐130 600‐629
MaterialsConference andTraining
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOC Erin Cooke 25.00$
100‐12‐122 600‐629
MaterialsConference and
Training
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOC Michela Gentile 25.00$
100‐12‐122 600‐629
MaterialsConference andTraining
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOC Angela Tsui 25.00$
100‐12‐125 600‐629
MaterialsConference and
Training
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOC Grace Schmidt 25.00$
100‐13‐130 600‐629
MaterialsConference andTraining
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
GeneralServiceAgreement SOC Michelle Combs 25.00$
100‐31‐307 700‐702
Contract ServicesGeneral ServiceAgreement
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
GeneralServiceAgreement SOC Robert Kim 25.00$
100‐31‐307 700‐702
Contract Services
General ServiceAgreement
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
GeneralServiceAgreement SOC Lauren Fink 25.00$
100‐31‐307 700‐702
Contract ServicesGeneral ServiceAgreement
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
GeneralServiceAgreement SOC Camera Person 25.00$
100‐31‐307 700‐
702
Contract ServicesGeneral ServiceAgreement
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
GeneralServiceAgreement SOC Bobby Chastain 25.00$
100‐31‐307 700‐702
Contract ServicesGeneral Service
Agreement
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOC David Brandt 25.00$
100‐12‐120 600‐629
MaterialsConference and
Training
1/23/2015 680737

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000168 1/15/2015
State of the City AttendeeRegistration
Conferenceand Meeting SOC Karen Guerin 25.00$
100‐12‐120 600‐629
MaterialsConference and
Training
1/30/2015 680854

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000318 1/28/2015 SOC Additional Attendee's Conferenceand Meeting SOC Nidhi Mathur 25.00$
100‐30‐300 600‐
629
MaterialsConference and
Training
1/30/2015 680854

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000318 1/28/2015 SOC Additional Attendee's Councilmember R. Sinks SOC Evan Low Representative 25.00$ 100‐10‐100 600‐624
MaterialsCouncilmember RSinks

ATTACHMENT A
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1/30/2015 680854

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000318 1/28/2015 SOC Additional Attendee's Councilmember R. Sinks
SOC Evan Low Second
Representative 25.00$
100‐10‐100 600‐624
MaterialsCouncilmember RSinks
1/30/2015 680854

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000318 1/28/2015 SOC Additional Attendee's Councilmember R. Sinks SOC Jim Beal representative 25.00$ 100‐10‐100 600‐624
MaterialsCouncilmember RSinks
2/13/2015 681093

CUPERTINO
CHAMBER OFCOMMERCE 5623 2/12/2015
2nd installment of Annual
Contract for July 2014‐June2015
Chamber ofCommerce
2nd installment of Annual
Contract for July 2014‐June 2015 8,000.00$
100‐12‐125 600‐613
Materials GeneralSupplies
2/27/2015 681288

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000516 2/20/2015
Lunar New Year Luncheon
Registration Attendees
Councilmember B. Chang LNYL Barry Chang Registration 50.00$ 100‐10‐100 600‐
630
MaterialsCouncilmember B.

Chang
2/27/2015 681288

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000516 2/20/2015
Lunar New Year Luncheon
Registration Attendees
Councilmember G. Wong LNYL Gilbert Wong Registration 50.00$ 100‐10‐100 600‐627
MaterialsCouncilmember G.Wong
2/27/2015 681288

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000516 2/20/2015
Lunar New Year Luncheon
Registration Attendees
MeetingExpenses
LNYL Aarti ShrivastavaRegistration 50.00$
100‐70‐700 600‐
605
Materials MeetingExpenses
2/27/2015 681288

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000516 2/20/2015
Lunar New Year Luncheon
Registration Attendees
Councilmember R. Sinks LNYL Rod Sinks Registration 50.00$ 100‐10‐100 600‐624
MaterialsCouncilmember RSinks
2/27/2015 681288

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000516 2/20/2015
Lunar New Year Luncheon
Registration Attendees
Conferenceand Meeting LNYL Carol Korade Registration 50.00$ 100‐15‐141 600‐629
MaterialsConference and
Training
2/27/2015 681288

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000516 2/20/2015
Lunar New Year Luncheon
Registration Attendees
Conferenceand Meeting
LNYL Colleen WinchesterRegistration 50.00$
100‐15‐141 600‐629
MaterialsConference and
Training
2/27/2015 681288

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000516 2/20/2015
Lunar New Year LuncheonRegistration Attendees
Conferenceand Meeting
LNYL Cheryl Mannix‐SmithRegistration 50.00$
100‐15‐141 600‐
629
MaterialsConference and
Training
2/27/2015 681288

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000516 2/20/2015
Lunar New Year Luncheon
Registration Attendees
Conferenceand Meeting
LNYL Louis Sarmiento
Registration 50.00$
100‐15‐141 600‐629
MaterialsConference and
Training
2/27/2015 681288

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000516 2/20/2015
Lunar New Year Luncheon
Registration Attendees
Conferenceand Meeting LNYL Savita Registration 50.00$
100‐10‐100 600‐628
MaterialsCouncilmemberSavita Vaihysnatha
2/27/2015 681288

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000516 2/20/2015
Lunar New Year Luncheon
Registration Attendees
Conferenceand Meeting LNYL Karen Guerin Registration 50.00$ 100‐12‐120 600‐629
MaterialsConference and
Training
2/27/2015 681288

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000516 2/20/2015
Lunar New Year Luncheon
Registration Attendees
Conferenceand Meeting LNYL David Brandt Registration 50.00$ 100‐12‐120 600‐629
MaterialsConference and
Training
2/27/2015 681288

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000516 2/20/2015
Lunar New Year Luncheon
Registration Attendees
Conferenceand Meeting LNYL Grace Schmidt Registration 50.00$ 100‐13‐130 600‐629
MaterialsConference and
Training

ATTACHMENT A
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3/27/2015 681711

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000825 3/25/2015 STAR awards 2015 Conferenceand Meeting Savita STAR Awards 100.00$
100‐10‐100 600‐628
MaterialsCouncilmemberSavita Vaihysnatha
3/27/2015 681711

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000825 3/25/2015 STAR awards 2015 Conferenceand Meeting David Brandt STAR Awards 100.00$
100‐12‐120 600‐629
MaterialsConference and
Training
3/27/2015 681711

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000825 3/25/2015 STAR awards 2015 Conferenceand Meeting Carol Atwood STAR Awards 100.00$
100‐60‐601 600‐629
MaterialsConference and
Training
3/27/2015 681711

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000825 3/25/2015 STAR awards 2015 Councilmember B. Chang Barry Chang STAR Awards 100.00$
100‐10‐100 600‐630
MaterialsCouncilmember B.Chang
3/27/2015 681711

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000825 3/25/2015 STAR awards 2015 Conferenceand Meeting Darcy Paul STAR awards 100.00$
100‐10‐100 600‐625
MaterialsCouncilmemberDarcy Paul
3/27/2015 681711

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000825 3/25/2015 STAR awards 2015 Councilmember R. Sinks Rod Sinks 100.00$
100‐10‐100 600‐624
MaterialsCouncilmember RSinks
3/27/2015 681711

CUPERTINO
CHAMBER OFCOMMERCE 2015‐00000825 3/25/2015 STAR awards 2015 Councilmember G. Wong Gilbert Wong STAR Awards 100.00$
100‐10‐100 600‐
627
MaterialsCouncilmember G.Wong
7/24/2015 684095
CUPERTINOCHAMBER OFCOMMERCE 70715 6/30/2015
Accrual FY14‐15 Dining andEntertainment Guide
Printing and
Duplicating
Dining and Entertainment Guidefor Economic Development 1,000.00$ 100‐12‐125 600‐602
Materials Printingand Duplication
9/4/2015 685088
CUPERTINOCHAMBER OFCOMMERCE 6207 9/4/2015
1st Install Annual Contract
7/1/15 ‐ 6/30/16
GeneralSupplies
1st Install Annual Contract
7/1/15 ‐ 6/30/16 8,000.00$
100‐71‐705 600‐
613
Materials GeneralSupplies
9/18/2015 685341
CUPERTINOCHAMBER OFCOMMERCE 6390 9/18/2015 Membership 10/15‐9/16 Membershipand Dues Membership 10/15‐9/16 1,305.00$
100‐71‐705 600‐613
Materials GeneralSupplies
12/23/2015 687155
CUPERTINOCHAMBER OFCOMMERCE 6222 12/23/2015
Fee‐Dining/Entertainmentguide 2015
GeneralServiceAgreement Chamber Dining/Ent. Guide 2015 500.00$ 580‐63‐620 600‐
613
Materials GeneralSupplies
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon MeetingExpenses Kristina Alfaro 30.00$
100‐40‐400 600‐605
Materials MeetingExpenses
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon MeetingExpenses Lisa Taitano 30.00$
100‐40‐400 600‐605
Materials MeetingExpenses
2/5/2016 687772

CUPERTINOCHAMBER OF
COMMERCE 6693 2/5/2016 2016 State of the City Luncheon
GeneralSupplies Gilbert Wong 30.00$
100‐10‐100 600‐627
MaterialsCouncilmember G.Wong
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon MeetingExpenses Piu Ghosh 30.00$
100‐70‐700 600‐605
Materials MeetingExpenses

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2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon GeneralSupplies Rod Sinks 30.00$
100‐10‐100 600‐624
MaterialsCouncilmember RSinks
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon GeneralSupplies Darcy Paul 30.00$
100‐10‐100 600‐625
MaterialsCouncilmemberDarcy Paul
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon MeetingExpenses Aarti Shrivastava 30.00$
100‐70‐700 600‐605
Materials MeetingExpenses
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon MeetingExpenses Angela Tsui 30.00$
100‐71‐705 600‐605
Materials MeetingExpenses
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Carol Atwood 30.00$
100‐60‐601 600‐629
MaterialsConference and
Training
2/5/2016 687772

CUPERTINOCHAMBER OF
COMMERCE 6693 2/5/2016 2016 State of the City Luncheon
Conferenceand Meeting Robert Kim 30.00$
100‐30‐300 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Michelle Combs 30.00$
100‐30‐300 600‐629
MaterialsConference and
Training
2/5/2016 687772

CUPERTINOCHAMBER OF
COMMERCE 6693 2/5/2016 2016 State of the City Luncheon
Conferenceand Meeting Rick Kitson 30.00$
100‐30‐300 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Cheryl Mannix‐Smith 30.00$
100‐15‐141 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Colleen Winchester 30.00$
100‐15‐141 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Sara Johnson 30.00$
100‐15‐141 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Timm Borden 30.00$
100‐80‐800 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Karen Guerin 30.00$
100‐40‐400 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Rachelle Sander 30.00$
100‐62‐608 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Albert Salvador 30.00$
100‐73‐713 600‐629
MaterialsConference and
Training

ATTACHMENT A
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2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Roger Lee 30.00$
100‐80‐800 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Chris Mertens 30.00$
100‐80‐800 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Cheri Donnelly 30.00$
100‐80‐800 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Ryan Roman 30.00$
100‐80‐800 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Grace Schmidt $ 30.00
100‐13‐130 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Kirsten Squarcia 30.00$
100‐13‐130 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Misty Mersich 30.00$
100‐12‐122 600‐
629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Jaqui Guzman 30.00$
100‐12‐120 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Erin Cooke 30.00$
100‐12‐120 600‐
629
MaterialsConference and
Training
2/5/2016 687772

CUPERTINOCHAMBER OF
COMMERCE 6693 2/5/2016 2016 State of the City Luncheon
Conferenceand Meeting David Brandt 30.00$
100‐12‐120 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6693 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Rick Sung 30.00$
100‐12‐120 600‐629
MaterialsConference andTraining
2/5/2016 687772

CUPERTINOCHAMBER OF
COMMERCE 6727 2/5/2016 2016 State of the City Luncheon
Conferenceand Meeting Katy Nomura 30.00$
100‐12‐122 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6727 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Chelsea Biklen 30.00$
100‐12‐122 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6727 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Lauren Sapudar 30.00$
100‐13‐130 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6727 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Randy Hom 30.00$
100‐15‐141 600‐629
MaterialsConference and
Training

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2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6727 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Lisa Maletis‐Massey 30.00$
100‐30‐300 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6727 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Gail Seeds 30.00$
100‐60‐601 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6727 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Liz Nunez 30.00$
100‐60‐601 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6727 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Lauren Dickinson 30.00$
100‐80‐800 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6727 2/5/2016 2016 State of the City Luncheon GeneralSupplies Savita Vaidhyanathan $ 30.00
100‐10‐100 600‐628
MaterialsCouncilmemberSavita Vaihysnatha
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6727 2/5/2016 2016 State of the City Luncheon MeetingExpenses Laura Miyakawa 30.00$
100‐40‐400 600‐605
Materials MeetingExpenses
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6760 2/5/2016 2016 State of the City Luncheon MeetingExpenses Maria Jimenez 30.00$
100‐40‐400 600‐605
Materials MeetingExpenses
2/5/2016 687772

CUPERTINOCHAMBER OF
COMMERCE 6760 2/5/2016 2016 State of the City Luncheon
Conferenceand Meeting Colleen Lettire 30.00$
100‐30‐300 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6760 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Pete Coglianese 30.00$
100‐30‐300 600‐629
MaterialsConference andTraining
2/5/2016 687772

CUPERTINOCHAMBER OF
COMMERCE 6760 2/5/2016 2016 State of the City Luncheon
Conferenceand Meeting Rei Delgado 30.00$
100‐30‐300 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6760 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Jason Bisely 30.00$
100‐30‐300 600‐629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6760 2/5/2016 2016 State of the City Luncheon Mayor's Fund Amanda Williamsen 30.00$ 100‐10‐100 600‐637
Materials Mayor'sFund
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6760 2/5/2016 2016 State of the City Luncheon Mayor's Fund David Denny 30.00$ 100‐10‐100 600‐637
Materials Mayor'sFund
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6760 2/5/2016 2016 State of the City Luncheon Conferenceand Meeting Toni Oasay‐Anderson 30.00$
100‐12‐120 600‐
629
MaterialsConference and
Training
2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6769 2/5/2016
2nd Installment of the AnnualContract with City of Cupertino GeneralSupplies
2nd Installment of the AnnualContract with City of Cupertino 8,000.00$ 100‐71‐705 600‐613
Materials GeneralSupplies

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2/5/2016 687772
CUPERTINOCHAMBER OFCOMMERCE 6778 2/5/2016 State of the City Luncheon Mayor's Fund Teen Video Contest Winners 240.00$ 100‐10‐100 600‐637
Materials Mayor'sFund
10/7/2016 702584
CUPERTINOCHAMBER OFCOMMERCE 7348 10/3/2016
1ST INSTALLMENT OF THE

ANNUAL CONTRACT WITH CITYOF CUPERTINO
GeneralSupplies
1ST INSTALLMENT OF THE
ANNUAL CONTRACT WITH CITYOF CUPERTINO 8,000.00$
100‐71‐705 600‐
613
Materials GeneralSupplies
10/7/2016 702584

CUPERTINOCHAMBER OF
COMMERCE 7378 10/3/2016
2016 AUGUST LAC MEETING ‐ JACQUI GUZMAN
Conferenceand Meeting
2016 AUGUST LAC MEETING ‐ JACQUI GUZMAN 15.00$
100‐12‐120 600‐629
MaterialsConference and
Training
12/2/2016 703693
CUPERTINOCHAMBER OFCOMMERCE 7467 11/21/2016
Cup Chamber Membership10/1/16‐9/30/17
Membershipand Dues
Cup Chamber Membership10/1/16‐9/30/17 1,450.00$
100‐71‐705 600‐
613
Materials GeneralSupplies
2/3/2017 706223

CUPERTINOCHAMBER OF
COMMERCE 7937 2/1/2017
2nd Installation of the Annual
Contract with Cupertino
GeneralSupplies
2nd Installation of the Annual
Contract with Cupertino 8,000.00$
100‐71‐705 600‐613
Materials GeneralSupplies
3/10/2017 706846
CUPERTINOCHAMBER OFCOMMERCE 8061 3/2/2017 2017 State of City Address Conferenceand Meeting 2017 State of City 90.00$
100‐70‐700 600‐
605
Materials MeetingExpenses
3/10/2017 706846
CUPERTINOCHAMBER OFCOMMERCE 8061 3/2/2017 2017 State of City Address Conferenceand Meeting 2017 State of City Address 120.00$ 100‐10‐100 600‐629
MaterialsConference and
Training
3/10/2017 706846
CUPERTINOCHAMBER OFCOMMERCE 8061 3/2/2017 2017 State of City Address Conferenceand Meeting 2017 State of City Address 180.00$ 100‐12‐120 600‐629
MaterialsConference and
Training
3/10/2017 706846

CUPERTINOCHAMBER OF
COMMERCE 8061 3/2/2017 2017 State of City Address
Conferenceand Meeting 2017 State of City 330.00$
610‐30‐300 600‐601
Materials GeneralOffice Supplies
3/10/2017 706846
CUPERTINOCHAMBER OFCOMMERCE 8061 3/2/2017 2017 State of City Address Conferenceand Meeting 2017 State of City 150.00$
100‐80‐800 600‐
629
MaterialsConference and
Training
3/10/2017 706846

CUPERTINOCHAMBER OF
COMMERCE 8061 3/2/2017 2017 State of City Address
Conferenceand Meeting 2017 State of City 30.00$
100‐61‐602 600‐629
MaterialsConference and
Training
3/10/2017 706846
CUPERTINOCHAMBER OFCOMMERCE 8061 3/2/2017 2017 State of City Address Conferenceand Meeting 2017 State of City 60.00$
100‐60‐601 600‐629
Materials
Conference and
Training
3/10/2017 706846

CUPERTINOCHAMBER OF
COMMERCE 8061 3/2/2017 2017 State of City Address
Conferenceand Meeting 2017 State of City Address 90.00$ 100‐13‐130 600‐629
MaterialsConference and
Training
3/10/2017 706846
CUPERTINOCHAMBER OFCOMMERCE 8061 3/2/2017 2017 State of City Address Conferenceand Meeting 2017 State of City 120.00$
100‐40‐400 600‐629
MaterialsConference andTraining
3/10/2017 706846

CUPERTINOCHAMBER OF
COMMERCE 8083 3/2/2017 2017 State of City
Conferenceand Meeting 2017 State of City 30.00$
100‐12‐120 600‐629
MaterialsConference and
Training

ATTACHMENT A
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3/10/2017 706846
CUPERTINOCHAMBER OFCOMMERCE 8083 3/2/2017 2017 State of City Conferenceand Meeting 2017 State of City 30.00$
610‐30‐300 600‐601
Materials GeneralOffice Supplies
3/10/2017 706846
CUPERTINOCHAMBER OFCOMMERCE 8088 3/2/2017 2017 State of City Conferenceand Meeting 2017 State of City 30.00$
100‐70‐700 600‐605
Materials MeetingExpenses
4/21/2017 707641
CUPERTINOCHAMBER OFCOMMERCE 8203 4/17/2017 Food Truck Coordination Earth Day Food Truck Coordination 500.00$ 100‐12‐122 600‐619
MaterialsAdvertising andLegal Notices
4/21/2017 707641
CUPERTINOCHAMBER OFCOMMERCE 8254 4/17/2017
2 full page ads in 2017 BizDirectory Full page ad in CoC Biz Dir ‐ 2017 2,995.00$ 100‐12‐122 600‐619
MaterialsAdvertising andLegal Notices
4/21/2017 707641
CUPERTINOCHAMBER OFCOMMERCE 8254 4/17/2017
2 full page ads in 2017 Biz
Directory Full page ad in CoC Biz Dir 2,995.00$
520‐81‐801 700‐702
Contract ServicesGeneral ServiceAgreement
11/3/2017 711408
CUPERTINOCHAMBER OFCOMMERCE 8255 10/12/2017
2017 Business Directory Full‐
Page Ad
Advertising &Legal Notice
2017 Business Directory Full‐
Page Ad 2,995.00$
100‐71‐705 700‐702
Contract ServicesGeneral ServiceAgreement
11/3/2017 711408

CUPERTINOCHAMBER OF
COMMERCE 8632 10/12/2017
First Installment of AnnualContract Membership
First Installment of AnnualContract 8,000.00$
100‐71‐705 700‐701
Contract ServicesTraining andInstruction
11/3/2017 711521
Cupertino
Chamber ofCommerce 1439787 11/2/2017 QCC Rental Refunds QCC RentalRefunds NULL 1,000.00$ 580 200‐208
Accounts Payableand Other LiabilitiesRecreation RefundA/P 4/20/2018 714302

CUPERTINOCHAMBER OF
COMMERCE 9301 4/18/2018
2nd Installment of Annual
Contract
Training and
Instruction
2nd Installment of AnnualContract 8,000.00$
100‐71‐705 700‐701
Contract ServicesTraining and
Instruction
4/27/2018 714399
CUPERTINOCHAMBER OFCOMMERCE 8772 4/19/2018 Chamber Membership fee Membershipand Dues Chamber Membership fee 1,450.00$
100‐71‐705 600‐613
Materials GeneralSupplies
5/25/2018 714938
Cupertino
Chamber ofCommerce 595007 5/22/2018
Refund deposit for Holi Festivalat Memorial Park 4/8/18 QCC RentalRefunds
Refund deposit for Holi Festivalat Memorial Park 4/8/18 1,000.00$ 580 200‐208 Accounts Payableand Other LiabilitiesRecreation RefundA/P 7/6/2018 715730
CUPERTINOCHAMBER OFCOMMERCE 41618 6/30/2018
Accrual FY17‐18‐ I loveCupertino Project
WebsiteServices
Accrual FY17‐18‐ I love CupertinoProject 5,000.00$
100‐12‐120 700‐702
Contract ServicesGeneral ServiceAgreement
8/3/2018 716393

CUPERTINOCHAMBER OF
COMMERCE 72618 7/23/2018
alcohol permit forneighborhood events
GeneralSupplies
alcohol permit for neighborhoodevents 300.00$
100‐62‐640 600‐613
Materials GeneralSupplies

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9/7/2018 717029
CUPERTINOCHAMBER OFCOMMERCE 10048 9/5/2018 Cupertino Food and Wine Stroll Special Events Cupertino Food and Wine Stroll 255.00$ 100‐71‐705 600‐635
Materials SpecialDepartmental Exp
9/7/2018 717029
CUPERTINOCHAMBER OFCOMMERCE 10089 9/5/2018
Chamber Annual MembershipDues 2018
Membershipand Dues
Chamber Annual MembershipDues 2018 1,450.00$
100‐71‐705 700‐701
Contract ServicesTraining and
Instruction
9/7/2018 717029
CUPERTINOCHAMBER OFCOMMERCE 9840 9/5/2018
1st Installment of Annual
Contract FY 2018‐19
ContractServices
1st Installment of AnnualContract FY2018‐19 8,000.00$
100‐71‐705 700‐702
Contract ServicesGeneral ServiceAgreement
10/5/2018 717439
CUPERTINOCHAMBER OFCOMMERCE 10152 10/1/2018
Consulting Services for FoodPermit from Chamber ofCommerce Bobatino Consulting Services for FoodPermit from Chamber of
Commerce 500.00$
100‐10‐100 600‐
635
Materials SpecialDepartmental Exp
11/16/2018 718189
Cupertino
Chamber ofCommerce 267 11/8/2018
Refund for Community Hallsecurity deposit, 10.22.18,
P#R267
QCC RentalRefunds
Refund for Community Hallsecurity deposit, 10.22.18,
P#R267 500.00$ 100 200‐208
Accounts Payableand Other LiabilitiesRecreation RefundA/P 2/22/2019 719396
CUPERTINOCHAMBER OFCOMMERCE 10727 2/19/2019
Food truck coordination for
Earth Day event Earth Day
Food truck coordination for Earth
Day event 600.00$
520‐81‐801 700‐702
Contract ServicesGeneral ServiceAgreement
3/8/2019 719566
CUPERTINOCHAMBER OFCOMMERCE 10542 3/4/2019
2nd Installment of the AnnualContract with City
Chamber ofCommerce
2nd Installment of the AnnualContract with City 8,000.00$ 100‐12‐705 600‐
613
Materials GeneralSupplies
3/8/2019 719619
Cupertino
Chamber of
Commerce 18674‐51918 3/5/2019
QCC‐ 11.29.18‐ Social Roomrental 5.19.18 ‐ 11.17.18
QCC RentalRefunds
QCC‐ 11.29.18‐ Social Room
rental 5.19.18 ‐ 11.17.18 300.00$ 100 200‐208
Accounts Payableand Other LiabilitiesRecreation RefundA/P 4/5/2019 719962
CUPERTINOCHAMBER OFCOMMERCE 30119 4/3/2019
Logo, Website Hosting,Database Subscription, WebsiteDesign ContractServices
Logo, Website Hosting, Database
Subscription, Website Design 25,215.47$
100‐12‐705 700‐702
Contract ServicesGeneral ServiceAgreement
5/24/2019 720699

CUPERTINOCHAMBER OF
COMMERCE 10929 5/20/2019
Food Truck Coordinationthrough Chamber of Commerce Volunteer Fair Food Truck Coordination through
Chamber of Commerce 600.00$
100‐10‐100 600‐637
Materials Mayor'sFund
7/5/2019 721348
CUPERTINOCHAMBER OFCOMMERCE 11076 6/30/2019
FY18‐19 Project (May ChamberLAC Meeting)
ContractServices
FY18‐19 Project (May ChamberLAC Meeting) 20.00$
100‐12‐705 600‐
605
Materials MeetingExpenses
7/5/2019 721348
CUPERTINOCHAMBER OFCOMMERCE 11084 6/30/2019
FY18‐19 Project (I LoveCupertino Virtual Visitor
Website)
ContractServices
FY18‐19 Project (I Love Cupertino
Virtual Visitor Website) 8,204.42$
100‐12‐705 700‐702
Contract Services
General ServiceAgreement
7/5/2019 721348

CUPERTINO

CHAMBER OF
COMMERCE 11182 6/30/2019
FY18‐19 Project (I LoveCupertino Virtual Visitors
Website)
ContractServices
FY18‐19 Project (I Love Cupertino
Virtual Visitors Website) 1,852.21$
100‐12‐705 700‐702
Contract ServicesGeneral ServiceAgreement

ATTACHMENT A
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8/30/2019 722229
CUPERTINOCHAMBER OFCOMMERCE 55700 8/19/2019 Bobatino ‐ Food Permit Bobatino Bobatino ‐ Food Permit fromChamber 500.00$
100‐10‐100 600‐637
Materials Mayor'sFund
10/25/2019 722971
CUPERTINOCHAMBER OFCOMMERCE 11268 10/21/2019
Services ‐ 1st Installment of
Annual Contract with Cupertino
GeneralSupplies
Services ‐ 1st Installment of
Annual Contract with Cupertino 8,000.00$
100‐12‐705 600‐613
Materials GeneralSupplies
10/25/2019 722971
CUPERTINOCHAMBER OFCOMMERCE 11293 10/21/2019
2019 July LAC Meeting (Angela
Tsui, Ben Fu, Kerri Heusler)
MeetingExpenses
2019 July LAC Meeting (AngelaTsui, Ben Fu, Kerri Heusler) 60.00$ 100‐12‐705 600‐605
Materials MeetingExpenses
10/25/2019 722971
CUPERTINOCHAMBER OFCOMMERCE 11344 10/21/2019
2019 August LAC Meeting(Angela, Liang)
Conferenceand Meeting
2019 August LAC Meeting(Angela, Liang) 40.00$
100‐12‐705 600‐
605
Materials MeetingExpenses
10/25/2019 722971
CUPERTINOCHAMBER OFCOMMERCE 11349 10/21/2019 I Love Cupertino Project ContractServices I Love Cupertino Project 2,204.42$
100‐12‐705 700‐702
Contract ServicesGeneral ServiceAgreement
10/25/2019 722971
CUPERTINOCHAMBER OFCOMMERCE 11418 10/21/2019
2019 Cupertino Food & Wine
Stroll Pre‐Sale Bundle
SpecialDepartmentalExp
2019 Cupertino Food & WineStroll Pre‐Sale Bundle 300.00$ 100‐12‐705 600‐
635
Materials SpecialDepartmental Exp
10/25/2019 722971
CUPERTINOCHAMBER OFCOMMERCE 11446 10/21/2019
Cupertino MembershipInvestment (10/1/19 ‐ 9/30/20)
GeneralSupplies
Cupertino MembershipInvestment (10/1/19 ‐ 9/30/20) 1,500.00$ 100‐12‐705 600‐613
Materials GeneralSupplies
11/1/2019 723133
Cupertino
Chamber ofCommerce 2001618.03 10/29/2019
QCC ‐ 10.18.19 ‐ Memorial ParkField 10.11.19
QCC RentalRefunds
QCC ‐ 10.18.19 ‐ Memorial ParkField 10.11.19 1,000.00$ 100 200‐208 Accounts Payableand Other LiabilitiesRecreation RefundA/P 11/8/2019 723166
CUPERTINOCHAMBER OFCOMMERCE 11623 11/4/2019
2019 November LAC Meeting(Angela, Deb, Jon)
MeetingExpenses
2019 November LAC Meeting(Angela, Deb, Jon) 60.00$
100‐10‐100 600‐629
MaterialsConference and
Training
11/8/2019 723166

CUPERTINOCHAMBER OF
COMMERCE 11624 11/4/2019
2019 Novermber LAC Meeting
(Liang)
MeetingExpenses
2019 November LAC Meeting(Liang) 20.00$
100‐10‐100 600‐629
MaterialsConference and
Training
12/13/2019 723691
Cupertino
Chamber ofCommerce 19531‐111619 12/3/2019
QCC ‐ 11.25.19 ‐ CommunityHall rental 1.16.19 ‐ 11.16.19 QCC RentalRefunds
QCC ‐ 11.25.19 ‐ Community Hallrental 1.16.19 ‐ 11.16.19 500.00$ 100 220‐202 Deposit Liability
Development and
Rent Deposits
12/20/2019 723730

CUPERTINOCHAMBER OF
COMMERCE 11157 12/18/2019
2019 Chamber Business
Directory
ContractServices
2019 Chamber Business
Directory 2,995.00$
100‐12‐705 700‐702
Contract ServicesGeneral ServiceAgreement
12/20/2019 723730
CUPERTINOCHAMBER OFCOMMERCE 11579 12/18/2019
I Love Cupertino Project ‐ October 2019
ContractServices
I Love Cupertino Project ‐ October 2019 1,852.21$
100‐12‐705 700‐702
Contract ServicesGeneral ServiceAgreement
12/20/2019 723730

CUPERTINOCHAMBER OF
COMMERCE 11616 12/18/2019
2019 Chamber Business
Directory
Advertising &Legal Notice
2019 Chamber Business
Directory 2,995.00$
100‐12‐122 600‐619
MaterialsAdvertising andLegal Notices

ATTACHMENT A
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12/20/2019 723730
CUPERTINOCHAMBER OFCOMMERCE 11628 12/18/2019
2019 Novermber LAC Meeting
(Steven)
MeetingExpenses
2019 Novermber LAC Meeting
(Steven) 20.00$
100‐12‐705 600‐605
Materials MeetingExpenses
12/20/2019 723730
CUPERTINOCHAMBER OFCOMMERCE 11638 12/18/2019
I Love Cupertino Project ‐ November 2019
ContractServices
I Love Cupertino Project ‐ November 2019 1,852.21$
100‐12‐705 700‐702
Contract ServicesGeneral ServiceAgreement
12/20/2019 723730

CUPERTINOCHAMBER OF
COMMERCE 11700 12/18/2019
2019 December LAC Meeting(Angela)
MeetingExpenses
2019 December LAC Meeting
(Angela) 20.00$
100‐12‐705 600‐605
Materials MeetingExpenses
12/20/2019 723730
CUPERTINOCHAMBER OFCOMMERCE 11703 12/18/2019
I Love Cupertino Project ‐ December 2019
ContractServices
I Love Cupertino Project ‐ December 2019 2,602.21$
100‐12‐705 700‐702
Contract ServicesGeneral ServiceAgreement
4/17/2020 725071

CUPERTINOCHAMBER OF
COMMERCE 11755 4/6/2020
I Love Cupertino Project ‐ January 2020
ContractServices
I Love Cupertino Project ‐ January 2020 1,852.21$
100‐12‐705 700‐702
Contract ServicesGeneral ServiceAgreement
4/17/2020 725071
CUPERTINOCHAMBER OFCOMMERCE 11769 4/6/2020
2020 January LAC Meeting(Angela)
MeetingExpenses
2020 January LAC Meeting(Angela) 20.00$
100‐12‐705 600‐605
Materials MeetingExpenses
4/17/2020 725071

CUPERTINOCHAMBER OF
COMMERCE 11879 4/6/2020
I Love Cupertino Project ‐ February 2020
ContractServices
I Love Cupertino Project ‐
February 2020 2,152.21$
100‐12‐705 700‐702
Contract ServicesGeneral ServiceAgreement
4/17/2020 725071
CUPERTINOCHAMBER OFCOMMERCE 11893 4/6/2020
Services ‐ 2nd Installment of
Annual Contract with Cupertino
Membershipand Dues
Services ‐ 2nd Installment of
Annual Contract with Cupertino 8,000.00$
100‐12‐705 600‐
647
MaterialsMemberships andDues
4/17/2020 725071
CUPERTINOCHAMBER OFCOMMERCE 11930 4/6/2020
I Love Cupertino Project ‐ March 2020
ContractServices
I Love Cupertino Project ‐ March2020 2,602.21$
100‐12‐705 700‐702
Contract ServicesGeneral Service
Agreement
5/8/2020 725385
Cupertino
Chamber ofCommerce 2003092.03 4/29/2020
QCC‐ 4.27.20‐ COVID‐19 SIP,
Cupertino Room 5.16.20
QCC RentalRefunds
QCC‐ 4.27.20‐ COVID‐19 SIP,
Cupertino Room 5.16.20 680.00$ 100 200‐208
Accounts Payableand Other LiabilitiesRecreation RefundA/P 7/2/2020 725915
CUPERTINOCHAMBER OFCOMMERCE 11958 6/30/2020
FY19‐20 2020 March LAC Lunch
(Deb, Councilmember)
MeetingExpenses
FY19‐20 2020 March LAC Lunch
(Deb, Councilmember) 60.00$
100‐12‐705 600‐605
Materials Meeting
Expenses
7/2/2020 725915

CUPERTINOCHAMBER OF
COMMERCE 11981 6/30/2020
FY19‐20 I Love CupertinoProject ‐ April 2020
ContractServices
FY19‐20 I Love Cupertino Project ‐
April 2020 1,852.21$
100‐12‐705 700‐702
Contract ServicesGeneral ServiceAgreement
7/2/2020 725915
CUPERTINOCHAMBER OFCOMMERCE 12094 6/30/2020
FY19‐20 I Love CupertinoProject ‐ May 2020
ContractServices
FY19‐20 I Love Cupertino Project ‐May 2020 1,852.21$
100‐12‐705 700‐702
Contract ServicesGeneral ServiceAgreement
7/2/2020 725915
CUPERTINOCHAMBER OFCOMMERCE 12129 6/30/2020
FY19‐20 I Love CupertinoProject ‐ June 2020
ContractServices
FY19‐20 I Love Cupertino Project ‐
June 2020 1,852.21$
100‐12‐705 700‐702
Contract ServicesGeneral ServiceAgreement

ATTACHMENT A
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10/2/2020 726637
CUPERTINOCHAMBER OFCOMMERCE 12169 9/29/2020
City Annual Contract ‐ FirstInstallment
GeneralSupplies
City Annual Contract ‐ FirstInstallment 8,000.00$
100‐12‐705 600‐613
Materials GeneralSupplies
10/2/2020 726637
CUPERTINOCHAMBER OFCOMMERCE 12286 9/29/2020
Cupertino MembershipInvestment (10/1/20 ‐ 9/30/21)
GeneralSupplies
Cupertino MembershipInvestment (10/1/20 ‐ 9/30/21) 1,500.00$ 100‐12‐705 600‐613
Materials GeneralSupplies
2/12/2021 727416
CUPERTINOCHAMBER OFCOMMERCE 12492 1/28/2021
I Love Cupertino Project ‐ July
2020 thru December 2020
ContractServices
I Love Cupertino Project ‐ July2020 thru December 2020 2,112.00$ 100‐12‐705 700‐702
Contract ServicesGeneral ServiceAgreement
2/12/2021 727416
CUPERTINOCHAMBER OFCOMMERCE 12533 1/28/2021
Chamber Annual Contract ‐ Second Installment
ContractServices
Chamber Annual Contract ‐ Second Installment 8,000.00$
100‐12‐705 600‐613
Materials GeneralSupplies
2/12/2021 727416

CUPERTINOCHAMBER OF
COMMERCE 12589 1/28/2021
2021 Lunar New YearCelebration Bags (Deb, Angela)
MeetingExpenses
2021 Lunar New YearCelebration Bags (Deb, Angela) 100.00$ 100‐12‐705 600‐605
Materials MeetingExpenses
4/30/2021 727853
CUPERTINOCHAMBER OFCOMMERCE 12724 4/27/2021
Thai New Year Celebrationdinner‐ Liang Chao
Reimbursement
Thai New Year CelebrationDinner‐ Liang Chao 62.50$
100‐12‐705 600‐
635
Materials SpecialDepartmental Exp
6/11/2021 728083
CUPERTINOCHAMBER OFCOMMERCE 12806 6/9/2021
I Love Cupertino website and
database subscription Jan –June 20
GeneralServiceAgreement
I Love Cupertino website and
database subscription Jan – June20 2,112.00$
100‐12‐705 700‐702
Contract ServicesGeneral ServiceAgreement
9/17/2021 728671
CUPERTINOCHAMBER OFCOMMERCE 12987 9/15/2021
Cupertino Membership
Investment (Oct01,2021‐Sep30,2022)
Chamber ofCommerce
Cupertino MembershipInvestment (Oct01,2021‐Sep30,2022) 1,500.00$ 100‐12‐705 600‐613
Materials GeneralSupplies
12/17/2021 729290
CUPERTINOCHAMBER OFCOMMERCE 12927 12/9/2021
Chamber Annual Contract ‐ First
Installment
GeneralSupplies
Chamber Annual Contract ‐ First
Installment 8,000.00$
100‐12‐705 600‐613
Materials GeneralSupplies

ATTACHMENT A
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Festival Festival Producer Notes Facility Usage P&R Staff Costs PW Staff Costs Sheriff Misc. Costs Total Cherry Blossom (two-day) Toyokawa Sister City $11,097.50 $464.00 $4,596.00 $2,695.16 $18,852.66 World Journal (one-day) World Journal/Cupertino Chinese School $1,273.75 $251.25 $2,496.00 $1,347.58 $5,368.58 Fall Festival (one-day) Cupertino Rotary $3,142.50 $296.75 $1,890.00 $2,394.92 $7,724.17 Kids N Fun Festival (one-day) Taiwanese Cultural and Sports Association $2,582.50 $208.50 $1,890.00 $1,558.02 $6,239.02 Diwali (one-day) Cupertino Chamber of Commerce $3,970.00 $242.25 N/A $1,320.07 $5,532.32 Ikebana Flower Show WAFU Ikebana Society $14,680.50 $280.50 N/A N/A $14,961.00 Veteran's Day (one-day) Cupertino Veteran's Memorial N/A $170.00 $455.00 $625.00 Holi Festival (one-day) Cupertino Chamber of Commerce CANCELLED in 2015 $0.00 Super Heroes 5k (one-day) County of Santa Clara $2,000.00 $286.00 $2,250.00 $0.00 $4,536.00 Lions Club Chicken Feed (one-day) Lions Club At Blackberry Farm $690.00 $0.00 $690.00 Costs for 2015 Events $64,528.75

ATTACHMENT B
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Festival Festival Producer Facility Usage P&R Staff Costs PW Staff Costs Sheriff Misc. Costs Total Cherry Blossom (two-day) Toyokawa Sister City $11,097.50 $594.00 $3,780.00 $3,180.96 $19,468.46 World Journal (one-day) World Journal/Cupertino Chinese School $1,273.75 $0.00 $396.00 $1,500.00 $3,169.75 Kids 'N Fun Festival (one-day) Taiwanese Cultural and Sports Association $2,582.50 $208.50 $1,890.00 $1,558.02 $6,239.02 Fall Festival (one-day) Cupertino Rotary $3,142.50 $296.75 $1,890.00 $867.75 $6,197.00 Diwali (one-day) Cupertino Chamber of Commerce $3,970.00 $242.25 N/A $1,320.07 $5,532.32 Veteran's Day (one-day) Cupertino Veteran's Memorial N/A $170.00 $697.50 $867.50 Super Heroes 5k (one-day) County of Santa Clara $2,000.00 $286.00 $2,250.00 $0.00 $4,536.00 Costs for 2016 Events $46,010.05

ATTACHMENT B
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Festival Date Festival Producer Recreation Facility/Park/ Road Permits Sheriff Public Works Materials Total
Kids 'N Fun Festival Aug. 12, 2017 Taiwanese Cultural and Sports Association $1,441 $7,336 $3,966 $2,803 $15,546 Fall Festival Sept. 9, 2017 Cupertino Rotary $1,364 $5,938 $3,966 $3,008 $14,277 Diwali Sept. 30, 2017 Cupertino Chamber of Commerce $1,409 $5,800 $3,948 $3,031 $14,188 Veteran's Day Nov. 11, 2017 Cupertino Veteran's Memorial $618 $1,000 $18 $1,593 $3,229 Ikebana Flower Show March 3-4, 2018 WAFU Ikebana Society $258 $19,065 $19,323 Egg Hunt March 24, 2018 Home of Christ Church $789 $1,000 $0 $38 $1,827 Holi April 8, 2018 Cupertino Chamber of Commerce $902 $1,000 $871 $18 $2,791 Cherry Blossom April 28-29, 2018 Toyokawa Sister City $3,606 $16,463 $4,356 $5,801 $30,226 World Journal May 12, 2018 World Journal/Cupertino Chinese School $1,868 $2,960 $4,356 $3,004 $12,188 Tournament of Bands October 15, 2017 Cupertino Tournament of Bands $0 $3,000 $0 $176 $3,176 Heroes Run August 26, 2017 County of Santa Clara $0 $4,120 $0 $74 $4,194 Costs for FY 17/18 Events $12,254 $67,682 $21,464 $17,972 $1,593 $120,964

ATTACHMENT B
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Festival Date Festival Producer Recreation Facility/Park/ Road Permits Sheriff Public Works Materials Total
Kids 'N Fun Festival Aug. 11, 2018 Taiwanese Cultural and Sports Association $869 $6,648 $5,289 $2,832 $15,638 Fall Festival Sept. 15, 2018 Cupertino Rotary $1,364 $5,938 $5,289 $3,008 $15,599 Diwali October 13, 2018 Cupertino Chamber of Commerce $1,409 $6,710 $5,264 $3,031 $16,414 Veteran's Day Nov. 11, 2018 Cupertino Veteran's Memorial $618 $1,000 $18 $1,593 $3,229 Egg Hunt April 13, 2019 Home of Christ Church $789 $1,000 $0 $38 $1,827 Holi April 7, 2019 Cupertino Chamber of Commerce $902 $3,000 $871 $18 $4,791 Cherry Blossom April 27-28, 2019 Toyokawa Sister City $3,606 $17,466 $4,356 $5,801 $31,229 World Journal May 11, 2019 World Journal/Cupertino Chinese School $1,868 $4,960 $4,356 $3,004 $14,188 Tournament of Bands October 15, 2017 Cupertino Tournament of Bands $0 $3,000 $0 $176 $3,176 Heroes Run August 26, 2017 County of Santa Clara $0 $4,120 $0 $74 $4,194 Costs for FY 18/19 Events $11,425 $53,841 $25,425 $18,001 $1,593 $110,284

ATTACHMENT B
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Festival Festival Producer Recreation Facility/Park/
Road Permits Public Works Sheriff Materials Total
Kids 'N Fun Festival Taiwanese Cultural and Sports Association $1,331 $10,040 $2,871 $6,008 $20,251 Fall Festival Cupertino Rotary $1,607 $7,576 $3,047 $4,714 $16,943 Diwali Cupertino Chamber of Commerce $1,260 $6,980 $3,070 $2,851 $14,161 Veteran's Day Cupertino Veteran's Memorial $612 $1,000 $18 $1,508 $3,138 Ikebana Flower Show WAFU Ikebana Society $294 $19,065 $19,359 Egg Hunt Home of Christ Church $483 $2,120 $23 $0 $2,626 Holi Cupertino Chamber of Commerce $1,122 $3,000 $18 $965 $5,106 Cherry Blossom Toyokawa Sister City $3,496 $17,826 $5,892 $4,015 $31,229 World Journal World Journal/Cupertino Chinese School $1,564 $4,960 $3,043 $4,908 $14,475 Tournament of Bands Cupertino Tournament of Bands $0 $3,220 $3,000 $175 $6,395 CEEF 5k CEEF $3,220 $1,461 $4,681
Heroes Run County of Santa Clara $0 $3,220 $74 $0 $3,294 Costs for FY 20/21 Events $11,770 $82,227 $18,058 $27,922 $1,683 $141,658 TOTAL $112,053.73 Total $29,604.68
Waived Fees City Paid expenses

ATTACHMENT B
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CANCELED
due to
Pandemic
Festival Date Festival Producer Recreation Facility/Park/ Road Permits Public Works Sheriff Materials Total
Kids 'N Fun Festival Aug. 8, 2020 Taiwanese Cultural and Sports Association $1,331 $10,000 $2,871 $4,702 $18,904 CANCELED Night Market Aug. 22, 2020 Chamber of Commerce $1,757 $4,630 $3,070 $5,642 $15,099 CANCELED Fall Festival Sept. 12, 2020 Cupertino Rotary $1,607 $7,576 $3,047 $4,702 $16,931 CANCELED Diwali Oct. 17, 2020 Cupertino Chamber of Commerce $1,260 $6,630 $3,070 $5,642 $16,602 CANCELED Veteran's Day Nov. 11, 2020 Cupertino Veteran's Memorial $612 $1,000 $18 $1,508 $3,138 CANCELED Holi March 28, 2021 Cupertino Chamber of Commerce $1,122 $3,000 $18 $1,881 $6,021 CANCELED Cherry Blossom April 24-25, 2021 Toyokawa Sister City $3,496 $19,776 $5,892 $4,702 $33,866 CANCELED World Journal Date TBD World Journal/Cupertino Chinese School $1,564 $4,960 $3,043 $5,662 $15,229 CANCELED Konark Dance and Music Festival Cupertino Bhubaneswar Sister City $1,270 $2,910 $1,667 $1,410 $7,257 CANCELED Relay for Life June 19, 2021 American Cancer Society $294 $2,000 $14 $2,308 CANCELED Tournament of Bands Cupertino Tournament of Bands $3,400 $3,000 $1,400 $7,800 CANCELED CEEF 5K Sept. 26, 2020 CEEF $3,400 $2,000 $2,000 $7,400 CANCELED Heroes Run Nov. 7, 2020 VMC Foundation $480 $3,400 $2,000 $5,880 CANCELED Costs for FY 20/21 Events $14,793 $72,682 $29,711 $37,741 $1,508 $156,435 TOTAL $117,185.68 Total $39,248.86
Waived Fees City Paid expenses

ATTACHMENT B
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Festival Date Festival Producer Recreation Facility/Park/ Road Permits Public Works Sheriff Materials Total
Kids 'N Fun Festival Aug. 14, 2021 Taiwanese Cultural and Sports Association $784 $5,270 $2,871 $4,702 $13,627 Completed Fall Festival Sept. 11, 2021 Cupertino Rotary $1,515 $5,360 $3,081 $4,800 $14,757 Diwali Oct. 16, 2021 Cupertino Chamber of Commerce $1,188 $6,630 $3,070 $5,889 $16,777 Completed Veteran's Day Nov. 11, 2021 Cupertino Veteran's Memorial $628 $1,000 $18 $1,508 $3,154 not taking place in 2021 Ikebana Flower Show N/A WAFU Ikebana Society not taking place in 2021 Holi April 3, 2022 Cupertino Chamber of Commerce $1,205 $3,000 $18 $1,881 $6,104 Completed Cherry Blossom April 30- May 1, 2022 Toyokawa Sister City $3,662 $19,682 $5,892 $4,702 $33,937 World Journal TBD World Journal/Cupertino Chinese School $1,647 $4,960 $3,043 $4,251 $13,901 Konark Dance and Music Festival Cupertino Bhubaneswar Sister City $1,352 $2,910 $1,667 $1,410 $7,339 Relay for Life June 18, 2022 American Cancer Society $294 $2,576 $14 $2,884 Tournament of Bands Cupertino Tournament of Bands $3,400 $3,000 $1,400 $7,800 CEEF 5k N/A CEEF not taking place in 2021
Heroes Run- ESTIMATED VMC Foundation $480 $3,400 $2,000 $5,880 Heroes Run has moved to new venue Costs for FY 21/22 Events $12,756 $58,188 $24,676 $29,035 $1,508 $126,161 TOTAL $95,618.68 Total $30,542.30
Waived Fees City Paid expenses
No show in FY 21/22
No event in FY 21/22

ATTACHMENT B
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Community Hall Rental Contract
Printed: 30 Mar 2022, 11:11 AM
User: rubenr
City of Cupertino Recreation & Community Services Department Phone: (408) 777-3120 Fax: (408) 777-3137
Cupertino, CA 95014
10185 North Stelling Road
Contract #:

Date:
15260
11 Feb 2015
User: kevink
Status: Closed
The City of Cupertino Recreation & Community Services Department, 10185 N Stelling Road, Cupertino, CA 95014-5733, hereby grants CITY OF CUPERTINO (hereinafter called the "Licensee") represented by ANGELA TSUI, permission to use the Facilities as outlined, subject to the Terms and Conditions of this Agreement contained herein and attached hereto, all of which form part of this Agreement. i) Purpose of Use Private Event

CITY OF CUPERTINO/CHAMBER OF COMMERCE EVENT
ii) Conditions of Use RESERVATION SUBJECT TO DEPARTMENTAL APPROVAL, VERIFICATION OF FEES, DATES, AND TIMES. UPON APPROVAL, A FIRM RENTAL CONTRACT / PERMIT WILL BE MAILED TO YOU.
iii) Date(s) and Time(s) of Use Expected: 60
Facility/Equipment Day Start Date Start Time End Time Fee XFee Tax Total Community Hall - Community Fri 08 May 2015 08:00 AM 05:00 PM $0.00 $0.00 $0.00 $0.00 Hall Initial
iv) Additional Fees
v) Payment Method
Rental Fees Extra Fees Tax Rental Total Damage Deposit Total Applied Balance Current $0.00 $0.00 $0.00 $0.00 <returned> $0.00 $0.00 $0.00
Balance of rental due and payable immediately.
vi) Other Information
Prompt Answer
Security Fees Added? No
Weekend staffing? No
Alcohol? No
Crksd/ComHall Staff? No
Rental Deposit? No
Insurance? Not Required
Food? No
Date: Staff Reviewed:

Page: 1 of 2

ATTACHMENT C
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49 of 259
User: rubenr
Printed: 30 Mar 2022, 11:11 AM
Contract #:

Date:
15260
11 Feb 2015
User: kevink
Status: Closed

WAIVER, RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE I, to whom an Exclusive Use Permit has been granted (hereinafter, “Permitee”), shall hold harmless and indemnify the City of Cupertino, its city council, employees, agents, servants, and volunteers against any and all liability, claims, losses, damages or expenses arising from the event or activities of Permitee, its ofcers, agents or employees; excluding, however, such liability, claims, losses, damages or expenses arising from the City’s sole negligence or willful acts. Permitee shall be liable to the City for any and all damages to parks, facilities, and buildings owned by the City arising from the activities of Permitee or any participant in said activity.

I understand that I am renting and using the City property in its current condition, I have had an opportunity to inspect the property, and there have been no representations of the construction, condition, or safety of the property. In consideration of acceptance of my application for rental of property, I hereby RELEASE, DISCHARGE, AND AGREE NOT TO SUE the City of Cupertino, the City Council, ofcials, ofcers, agents, employees, or volunteers (collectively, “City”) to the fullest extent legally possible from any injury, death, or damage or loss to personal property arising out of, or in connection with, my rental of the property from whatever cause, including the active or passive negligence of City or any other participants in the activity. I understand that City does not guarantee the construction, condition, or safety of the facilities where the activity is taking place.

In consideration for being permited for the rental of property, I hereby agree, for myself, my heirs, administrators, executors, and assigns, that I shall indemnify and hold harmless the City of Cupertino, the City Council, ofcials, ofcers, agents, employees, or volunteers (collectively, “City”) from any and all claims, demands, actions or suits arising out of or in connection with my participation in the activity or rental of the property.

I have carefully read this agreement and fully understand its contents. I am aware that it is a full release of all liability and sign it on my own free will.

Cancellation of reservation must be made at least 30 calendar days prior to your reservation date in order for your rental fees to be refunded.

I hereby agree to provide a certificate of commercial general liability insurance with the City of Cupertino listed as an additional insured in the amount of $1,000,000 per occurrence if required.

I, the undersigned, hereby agree to be present for the entirety of my event. I agree to be present for both a pre-event inspection and a post-event inspection of the rental facility and understand that my signature will be required on any inspection reports.

Functions exceeding the permitted reservation time shall be charged 1.5 times the associated hourly fee for anytime to the first half hour and 1.5 times the associated fee for every half hour there after. __________
Initial __________
Initial __________
Initial __________
Initial

ANGELA TSUI

CITY OF CUPERTINO
10300 TORRE AVE
CUPERTINO CA 95014
Home: (408)777-3200 Business: (408)
Fax: (408)

KELSEY HAYES

INTERIM RECREATION SUPERVISOR
Cupertino Recreation & Community Services Dept
Date Approved:

X: X:

Mailing address if different from above:

Page: 2 of 2

ATTACHMENT C
50 CC 04-04-2023
50 of 259
Quinlan Rental Contract
Printed: 30 Mar 2022, 12:20 PM
User: rubenr
City of Cupertino Recreation & Community Services Department Phone: (408) 777-3120 Fax: (408) 777-3137
Cupertino, CA 95014
10185 North Stelling Road
Contract #:

Date:
17672
18 Aug 2016
User: rubenr
Status: Closed
The City of Cupertino Recreation & Community Services Department, 10185 N Stelling Road, Cupertino, CA 95014-5733, hereby grants CITY OF CUPERTINO (hereinafter called the "Licensee") represented by ANGELA TSUI, permission to use the Facilities as outlined, subject to the Terms and Conditions of this Agreement contained herein and attached hereto, all of which form part of this Agreement. i) Purpose of Use Meeting

CITY OF CUPERTINO/CHAMBER OF COMMERCE EVENT
ii) Conditions of Use RESERVATION SUBJECT TO DEPARTMENTAL APPROVAL, VERIFICATION OF FEES, DATES, AND TIMES. UPON APPROVAL, A FIRM RENTAL CONTRACT / PERMIT WILL BE MAILED TO YOU.
iii) Date(s) and Time(s) of Use Expected: 75
Facility/Equipment Day Start Date Start Time End Time Fee XFee Tax Total Quinlan Community Center - Wed 14 Sep 2016 05:00 PM 08:00 PM $0.00 $0.00 $0.00 $0.00 Cupertino Room Initial
iv) Additional Fees
v) Payment Method
Rental Fees Extra Fees Tax Rental Total Damage Deposit Total Applied Balance Current $0.00 $0.00 $0.00 $0.00 <returned> $0.00 $0.00 $0.00
Rental charges are due according to the following schedule:
vi) Other Information
Prompt Answer
Alcohol? No
Security Fees Added? No
Weekend Staffing? No
Crksd/ComHall Staff? No
Rental Deposit? No
Insurance? Not Required
Food? No
EEC Staffing? No
Date: Staff Reviewed:

Page: 1 of 2

ATTACHMENT C
51 CC 04-04-2023
51 of 259
User: rubenr
Printed: 30 Mar 2022, 12:20 PM
Contract #:

Date:
17672
18 Aug 2016
User: rubenr
Status: Closed

WAIVER, RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE I, to whom an Exclusive Use Permit has been granted (hereinafter, “Permitee”), shall hold harmless and indemnify the City of Cupertino, its city council, employees, agents, servants, and volunteers against any and all liability, claims, losses, damages or expenses arising from the event or activities of Permitee, its ofcers, agents or employees; excluding, however, such liability, claims, losses, damages or expenses arising from the City’s sole negligence or willful acts. Permitee shall be liable to the City for any and all damages to parks, facilities, and buildings owned by the City arising from the activities of Permitee or any participant in said activity.

I understand that I am renting and using the City property in its current condition, I have had an opportunity to inspect the property, and there have been no representations of the construction, condition, or safety of the property. In consideration of acceptance of my application for rental of property, I hereby RELEASE, DISCHARGE, AND AGREE NOT TO SUE the City of Cupertino, the City Council, ofcials, ofcers, agents, employees, or volunteers (collectively, “City”) to the fullest extent legally possible from any injury, death, or damage or loss to personal property arising out of, or in connection with, my rental of the property from whatever cause, including the active or passive negligence of City or any other participants in the activity. I understand that City does not guarantee the construction, condition, or safety of the facilities where the activity is taking place.

In consideration for being permited for the rental of property, I hereby agree, for myself, my heirs, administrators, executors, and assigns, that I shall indemnify and hold harmless the City of Cupertino, the City Council, ofcials, ofcers, agents, employees, or volunteers (collectively, “City”) from any and all claims, demands, actions or suits arising out of or in connection with my participation in the activity or rental of the property.

I have carefully read this agreement and fully understand its contents. I am aware that it is a full release of all liability and sign it on my own free will.

Cancellation of reservation must be made at least 30 calendar days prior to your reservation date in order for your rental fees to be refunded.

I hereby agree to provide a certificate of commercial general liability insurance with the City of Cupertino listed as an additional insured in the amount of $1,000,000 per occurrence if required.

I, the undersigned, hereby agree to be present for the entirety of my event. I agree to be present for both a pre-event inspection and a post-event inspection of the rental facility and understand that my signature will be required on any inspection reports.

Functions exceeding the permitted reservation time shall be charged 1.5 times the associated hourly fee for anytime to the first half hour and 1.5 times the associated fee for every half hour there after. __________
Initial __________
Initial __________
Initial __________
Initial

ANGELA TSUI

CITY OF CUPERTINO
10300 TORRE AVE
CUPERTINO CA 95014
Home: (408)777-3200 Business: (408)
Fax: (408)

KELSEY HAYES

INTERIM RECREATION SUPERVISOR
Cupertino Recreation & Community Services Dept
Date Approved:

X: X:

Mailing address if different from above:

Page: 2 of 2

ATTACHMENT C
52 CC 04-04-2023
52 of 259
Community Hall Rental Contract
Printed: 30 Mar 2022, 12:28 PM
User: rubenr
City of Cupertino Recreation & Community Services Department Phone: (408) 777-3120 Fax: (408) 777-3137
Cupertino, CA 95014
10185 North Stelling Road
Contract #:

Date:
17709
29 Aug 2016
User: kevink
Status: Closed
The City of Cupertino Recreation & Community Services Department, 10185 N Stelling Road, Cupertino, CA 95014-5733, hereby grants CITY OF CUPERTINO (hereinafter called the "Licensee") represented by ANGELA TSUI, permission to use the Facilities as outlined, subject to the Terms and Conditions of this Agreement contained herein and attached hereto, all of which form part of this Agreement. i) Purpose of Use Meeting

CITY OF CUPERTINO/ CHAMBER LAC LUNCHEON
ii) Conditions of Use RESERVATION SUBJECT TO DEPARTMENTAL APPROVAL, VERIFICATION OF FEES, DATES, AND TIMES. UPON APPROVAL, A FIRM RENTAL CONTRACT / PERMIT WILL BE MAILED TO YOU.
iii) Date(s) and Time(s) of Use Expected: 40
Facility/Equipment Day Start Date Start Time End Time Fee XFee Tax Total Community Hall - Community Fri 09 Sep 2016 12:30 PM 02:00 PM $0.00 $0.00 $0.00 $0.00 Hall Initial
Community Hall - Community Fri 07 Oct 2016 12:30 PM 02:00 PM $0.00 $0.00 $0.00 $0.00 Hall Initial
Community Hall - Community Fri 04 Nov 2016 12:30 PM 02:00 PM $0.00 $0.00 $0.00 $0.00 Hall Initial
Community Hall - Community Fri 02 Dec 2016 12:30 PM 02:00 PM $0.00 $0.00 $0.00 $0.00 Hall Initial
iv) Additional Fees
v) Payment Method
Rental Fees Extra Fees Tax Rental Total Damage Deposit Total Applied Balance Current $0.00 $0.00 $0.00 $0.00 <returned> $0.00 $0.00 $0.00
Rental charges are due according to the following schedule:
vi) Other Information
Prompt Answer
Alcohol? No
Security Fees Added? No
Weekend Staffing? No
Crksd/ComHall Staff? Yes
Rental Deposit? No
Insurance? Not Required
Food? No
EEC Staffing? No
Date: Staff Reviewed:

Page: 1 of 2

ATTACHMENT C
53 CC 04-04-2023
53 of 259
User: rubenr
Printed: 30 Mar 2022, 12:28 PM
Contract #:

Date:
17709
29 Aug 2016
User: kevink
Status: Closed

WAIVER, RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE I, to whom an Exclusive Use Permit has been granted (hereinafter, “Permitee”), shall hold harmless and indemnify the City of Cupertino, its city council, employees, agents, servants, and volunteers against any and all liability, claims, losses, damages or expenses arising from the event or activities of Permitee, its ofcers, agents or employees; excluding, however, such liability, claims, losses, damages or expenses arising from the City’s sole negligence or willful acts. Permitee shall be liable to the City for any and all damages to parks, facilities, and buildings owned by the City arising from the activities of Permitee or any participant in said activity.

I understand that I am renting and using the City property in its current condition, I have had an opportunity to inspect the property, and there have been no representations of the construction, condition, or safety of the property. In consideration of acceptance of my application for rental of property, I hereby RELEASE, DISCHARGE, AND AGREE NOT TO SUE the City of Cupertino, the City Council, ofcials, ofcers, agents, employees, or volunteers (collectively, “City”) to the fullest extent legally possible from any injury, death, or damage or loss to personal property arising out of, or in connection with, my rental of the property from whatever cause, including the active or passive negligence of City or any other participants in the activity. I understand that City does not guarantee the construction, condition, or safety of the facilities where the activity is taking place.

In consideration for being permited for the rental of property, I hereby agree, for myself, my heirs, administrators, executors, and assigns, that I shall indemnify and hold harmless the City of Cupertino, the City Council, ofcials, ofcers, agents, employees, or volunteers (collectively, “City”) from any and all claims, demands, actions or suits arising out of or in connection with my participation in the activity or rental of the property.

I have carefully read this agreement and fully understand its contents. I am aware that it is a full release of all liability and sign it on my own free will.

Cancellation of reservation must be made at least 30 calendar days prior to your reservation date in order for your rental fees to be refunded.

I hereby agree to provide a certificate of commercial general liability insurance with the City of Cupertino listed as an additional insured in the amount of $1,000,000 per occurrence if required.

I, the undersigned, hereby agree to be present for the entirety of my event. I agree to be present for both a pre-event inspection and a post-event inspection of the rental facility and understand that my signature will be required on any inspection reports.

Functions exceeding the permitted reservation time shall be charged 1.5 times the associated hourly fee for anytime to the first half hour and 1.5 times the associated fee for every half hour there after. __________
Initial __________
Initial __________
Initial __________
Initial

ANGELA TSUI

CITY OF CUPERTINO
10300 TORRE AVE
CUPERTINO CA 95014
Home: (408)777-3200 Business: (408)
Fax: (408)

KELSEY HAYES

INTERIM RECREATION SUPERVISOR
Cupertino Recreation & Community Services Dept
Date Approved:

X: X:

Mailing address if different from above:

Page: 2 of 2

ATTACHMENT C
54 CC 04-04-2023
54 of 259
Community Hall Rental Contract
Printed: 30 Mar 2022, 12:33 PM
User: rubenr
City of Cupertino Recreation & Community Services Department Phone: (408) 777-3120 Fax: (408) 777-3137
Cupertino, CA 95014
10185 North Stelling Road
Contract #:

Date:
17738
08 Sep 2016
User: kevink
Status: Firm
The City of Cupertino Recreation & Community Services Department, 10185 N Stelling Road, Cupertino, CA 95014-5733, hereby grants CITY OF CUPERTINO (hereinafter called the "Licensee") represented by ANGELA TSUI, permission to use the Facilities as outlined, subject to the Terms and Conditions of this Agreement contained herein and attached hereto, all of which form part of this Agreement. i) Purpose of Use Meeting

CITY OF CUPERTINO/ CHAMBER LAC
ii) Conditions of Use RESERVATION SUBJECT TO DEPARTMENTAL APPROVAL, VERIFICATION OF FEES, DATES, AND TIMES. UPON APPROVAL, A FIRM RENTAL CONTRACT / PERMIT WILL BE MAILED TO YOU.
iii) Date(s) and Time(s) of Use Expected: 40
Facility/Equipment Day Start Date Start Time End Time Fee XFee Tax Total Community Hall - Community Fri 06 Jan 2017 12:30 PM 02:00 PM $0.00 $0.00 $0.00 $0.00 Hall Initial
Community Hall - Community Fri 03 Feb 2017 12:30 PM 02:00 PM $0.00 $0.00 $0.00 $0.00 Hall Initial
Community Hall - Community Fri 03 Mar 2017 12:30 PM 02:00 PM $0.00 $0.00 $0.00 $0.00 Hall Initial
Community Hall - Community Fri 07 Apr 2017 12:30 PM 02:00 PM $0.00 $0.00 $0.00 $0.00 Hall Initial
Community Hall - Community Fri 05 May 2017 12:30 PM 02:00 PM $0.00 $0.00 $0.00 $0.00 Hall Initial
Community Hall - Community Fri 02 Jun 2017 12:30 PM 02:00 PM $0.00 $0.00 $0.00 $0.00 Hall Initial
Community Hall - Community Fri 07 Jul 2017 12:30 PM 02:00 PM $0.00 $0.00 $0.00 $0.00 Hall Initial
Community Hall - Community Fri 04 Aug 2017 12:30 PM 02:00 PM $0.00 $0.00 $0.00 $0.00 Hall Initial
Community Hall - Community Fri 08 Sep 2017 12:30 PM 02:00 PM $0.00 $0.00 $0.00 $0.00 Hall Initial
Community Hall - Community Fri 06 Oct 2017 12:30 PM 02:00 PM $0.00 $0.00 $0.00 $0.00 Hall Initial
Community Hall - Community Fri 03 Nov 2017 12:30 PM 02:00 PM $0.00 $0.00 $0.00 $0.00 Hall Initial
iv) Additional Fees
v) Payment Method
Rental Fees Extra Fees Tax Rental Total Damage Deposit Total Applied Balance Current $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Rental charges are due according to the following schedule:

Page: 1 of 3

ATTACHMENT C
55 CC 04-04-2023
55 of 259
User: rubenr
Printed: 30 Mar 2022, 12:33 PM
Contract #:

Date:
17738
08 Sep 2016
User: kevink
Status: Firm
vi) Other Information
Prompt Answer
Alcohol? No
Security Fees Added? No
Weekend Staffing? No
Crksd/ComHall Staff? No
Rental Deposit? No
Insurance? Not Required
Food? No
EEC Staffing? No
Date: Staff Reviewed:

Page: 2 of 3

ATTACHMENT C
56 CC 04-04-2023
56 of 259
User: rubenr
Printed: 30 Mar 2022, 12:33 PM
Contract #:

Date:
17738
08 Sep 2016
User: kevink
Status: Firm

WAIVER, RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE I, to whom an Exclusive Use Permit has been granted (hereinafter, “Permitee”), shall hold harmless and indemnify the City of Cupertino, its city council, employees, agents, servants, and volunteers against any and all liability, claims, losses, damages or expenses arising from the event or activities of Permitee, its ofcers, agents or employees; excluding, however, such liability, claims, losses, damages or expenses arising from the City’s sole negligence or willful acts. Permitee shall be liable to the City for any and all damages to parks, facilities, and buildings owned by the City arising from the activities of Permitee or any participant in said activity.

I understand that I am renting and using the City property in its current condition, I have had an opportunity to inspect the property, and there have been no representations of the construction, condition, or safety of the property. In consideration of acceptance of my application for rental of property, I hereby RELEASE, DISCHARGE, AND AGREE NOT TO SUE the City of Cupertino, the City Council, ofcials, ofcers, agents, employees, or volunteers (collectively, “City”) to the fullest extent legally possible from any injury, death, or damage or loss to personal property arising out of, or in connection with, my rental of the property from whatever cause, including the active or passive negligence of City or any other participants in the activity. I understand that City does not guarantee the construction, condition, or safety of the facilities where the activity is taking place.

In consideration for being permited for the rental of property, I hereby agree, for myself, my heirs, administrators, executors, and assigns, that I shall indemnify and hold harmless the City of Cupertino, the City Council, ofcials, ofcers, agents, employees, or volunteers (collectively, “City”) from any and all claims, demands, actions or suits arising out of or in connection with my participation in the activity or rental of the property.

I have carefully read this agreement and fully understand its contents. I am aware that it is a full release of all liability and sign it on my own free will.

Cancellation of reservation must be made at least 30 calendar days prior to your reservation date in order for your rental fees to be refunded.

I hereby agree to provide a certificate of commercial general liability insurance with the City of Cupertino listed as an additional insured in the amount of $1,000,000 per occurrence if required.

I, the undersigned, hereby agree to be present for the entirety of my event. I agree to be present for both a pre-event inspection and a post-event inspection of the rental facility and understand that my signature will be required on any inspection reports.

Functions exceeding the permitted reservation time shall be charged 1.5 times the associated hourly fee for anytime to the first half hour and 1.5 times the associated fee for every half hour there after. __________
Initial __________
Initial __________
Initial __________
Initial

ANGELA TSUI

CITY OF CUPERTINO
10300 TORRE AVE
CUPERTINO CA 95014
Home: (408)777-3200 Business: (408)
Fax: (408)

KELSEY HAYES

INTERIM RECREATION SUPERVISOR
Cupertino Recreation & Community Services Dept
Date Approved:

X: X:

Mailing address if different from above:

Page: 3 of 3

ATTACHMENT C
57 CC 04-04-2023
57 of 259
Community Hall Rental Contract
Printed: 30 Mar 2022, 02:02 PM
User: rubenr
City of Cupertino Recreation & Community Services Department Phone: (408) 777-3120 Fax: (408) 777-3137
Cupertino, CA 95014
10185 North Stelling Road
Contract #:

Date:
17753
13 Sep 2016
User: kevink
Status: Closed
The City of Cupertino Recreation & Community Services Department, 10185 N Stelling Road, Cupertino, CA 95014-5733, hereby grants CITY OF CUPERTINO (hereinafter called the "Licensee") represented by ANGELA TSUI, permission to use the Facilities as outlined, subject to the Terms and Conditions of this Agreement contained herein and attached hereto, all of which form part of this Agreement. i) Purpose of Use Meeting

CITY OF CUPERTINO/ CHAMBER OF COMMERCE
ii) Conditions of Use RESERVATION SUBJECT TO DEPARTMENTAL APPROVAL, VERIFICATION OF FEES, DATES, AND TIMES. UPON APPROVAL, A FIRM RENTAL CONTRACT / PERMIT WILL BE MAILED TO YOU.
iii) Date(s) and Time(s) of Use Expected: 10
Facility/Equipment Day Start Date Start Time End Time Fee XFee Tax Total Community Hall - Community Wed 21 Sep 2016 10:00 AM 12:00 PM $0.00 $0.00 $0.00 $0.00 Hall Initial
iv) Additional Fees
v) Payment Method
Rental Fees Extra Fees Tax Rental Total Damage Deposit Total Applied Balance Current $0.00 $0.00 $0.00 $0.00 <returned> $0.00 $0.00 $0.00
Rental charges are due according to the following schedule:
vi) Other Information
Prompt Answer
Alcohol? No
Security Fees Added? No
Weekend Staffing? No
Crksd/ComHall Staff? No
Rental Deposit? No
Insurance? Not Required
Food? No
EEC Staffing? No
Date: Staff Reviewed:

Page: 1 of 2

ATTACHMENT C
58 CC 04-04-2023
58 of 259
User: rubenr
Printed: 30 Mar 2022, 02:02 PM
Contract #:

Date:
17753
13 Sep 2016
User: kevink
Status: Closed

WAIVER, RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE I, to whom an Exclusive Use Permit has been granted (hereinafter, “Permitee”), shall hold harmless and indemnify the City of Cupertino, its city council, employees, agents, servants, and volunteers against any and all liability, claims, losses, damages or expenses arising from the event or activities of Permitee, its ofcers, agents or employees; excluding, however, such liability, claims, losses, damages or expenses arising from the City’s sole negligence or willful acts. Permitee shall be liable to the City for any and all damages to parks, facilities, and buildings owned by the City arising from the activities of Permitee or any participant in said activity.

I understand that I am renting and using the City property in its current condition, I have had an opportunity to inspect the property, and there have been no representations of the construction, condition, or safety of the property. In consideration of acceptance of my application for rental of property, I hereby RELEASE, DISCHARGE, AND AGREE NOT TO SUE the City of Cupertino, the City Council, ofcials, ofcers, agents, employees, or volunteers (collectively, “City”) to the fullest extent legally possible from any injury, death, or damage or loss to personal property arising out of, or in connection with, my rental of the property from whatever cause, including the active or passive negligence of City or any other participants in the activity. I understand that City does not guarantee the construction, condition, or safety of the facilities where the activity is taking place.

In consideration for being permited for the rental of property, I hereby agree, for myself, my heirs, administrators, executors, and assigns, that I shall indemnify and hold harmless the City of Cupertino, the City Council, ofcials, ofcers, agents, employees, or volunteers (collectively, “City”) from any and all claims, demands, actions or suits arising out of or in connection with my participation in the activity or rental of the property.

I have carefully read this agreement and fully understand its contents. I am aware that it is a full release of all liability and sign it on my own free will.

Cancellation of reservation must be made at least 30 calendar days prior to your reservation date in order for your rental fees to be refunded.

I hereby agree to provide a certificate of commercial general liability insurance with the City of Cupertino listed as an additional insured in the amount of $1,000,000 per occurrence if required.

I, the undersigned, hereby agree to be present for the entirety of my event. I agree to be present for both a pre-event inspection and a post-event inspection of the rental facility and understand that my signature will be required on any inspection reports.

Functions exceeding the permitted reservation time shall be charged 1.5 times the associated hourly fee for anytime to the first half hour and 1.5 times the associated fee for every half hour there after. __________
Initial __________
Initial __________
Initial __________
Initial

ANGELA TSUI

CITY OF CUPERTINO
10300 TORRE AVE
CUPERTINO CA 95014
Home: (408)777-3200 Business: (408)
Fax: (408)

KELSEY HAYES

INTERIM RECREATION SUPERVISOR
Cupertino Recreation & Community Services Dept
Date Approved:

X: X:

Mailing address if different from above:

Page: 2 of 2

ATTACHMENT C
59 CC 04-04-2023
59 of 259
Community Hall Rental Contract
Printed: 30 Mar 2022, 02:20 PM
User: rubenr
City of Cupertino Recreation & Community Services Department Phone: (408) 777-3120 Fax: (408) 777-3137
Cupertino, CA 95014
10185 North Stelling Road
Contract #:

Date:
19009
07 May 2018
User: rubenr
Status: Closed
The City of Cupertino Recreation & Community Services Department, 10185 N Stelling Road, Cupertino, CA 95014-5733, hereby grants CITY OF CUPERTINO (hereinafter called the "Licensee") represented by ANGELA TSUI, permission to use the Facilities as outlined, subject to the Terms and Conditions of this Agreement contained herein and attached hereto, all of which form part of this Agreement. i) Purpose of Use Meeting

CITY OF CUPERTINO//LAC
ii) Conditions of Use RESERVATION SUBJECT TO DEPARTMENTAL APPROVAL, VERIFICATION OF FEES, DATES, AND TIMES. UPON APPROVAL, A FIRM RENTAL CONTRACT / PERMIT WILL BE MAILED TO YOU.
iii) Date(s) and Time(s) of Use Expected: 40
Facility/Equipment Day Start Date Start Time End Time Fee XFee Tax Total Community Hall - Community Fri 01 Jun 2018 12:30 PM 02:00 PM $0.00 $0.00 $0.00 $0.00 Hall Initial
Community Hall - Community Fri 13 Jul 2018 12:30 PM 02:00 PM $0.00 $0.00 $0.00 $0.00 Hall Initial
Community Hall - Community Fri 03 Aug 2018 12:30 PM 02:00 PM $0.00 $0.00 $0.00 $0.00 Hall Initial
Community Hall - Community Fri 07 Sep 2018 12:30 PM 02:00 PM $0.00 $0.00 $0.00 $0.00 Hall Initial
Community Hall - Community Fri 05 Oct 2018 12:30 PM 02:00 PM $0.00 $0.00 $0.00 $0.00 Hall Initial
Community Hall - Community Fri 02 Nov 2018 12:30 PM 02:00 PM $0.00 $0.00 $0.00 $0.00 Hall Initial
Community Hall - Community Fri 07 Dec 2018 12:30 PM 02:00 PM $0.00 $0.00 $0.00 $0.00 Hall Initial
iv) Additional Fees
v) Payment Method
Rental Fees Extra Fees Tax Rental Total Damage Deposit Total Applied Balance Current $0.00 $0.00 $0.00 $0.00 <returned> $0.00 $0.00 $0.00
Rental charges are due according to the following schedule:

Page: 1 of 3

ATTACHMENT C
60 CC 04-04-2023
60 of 259
User: rubenr
Printed: 30 Mar 2022, 02:20 PM
Contract #:

Date:
19009
07 May 2018
User: rubenr
Status: Closed
vi) Other Information
Prompt Answer
Alcohol? No
Security Fees Added? No
Weekend Staffing? No
Crksd/ComHall Staff? Yes
Rental Deposit? No
Insurance? Not Required
Food? No
EEC Staffing? No
Date: Staff Reviewed:

Page: 2 of 3

ATTACHMENT C
61 CC 04-04-2023
61 of 259
User: rubenr
Printed: 30 Mar 2022, 02:20 PM
Contract #:

Date:
19009
07 May 2018
User: rubenr
Status: Closed

WAIVER, RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE I, to whom an Exclusive Use Permit has been granted (hereinafter, “Permitee”), shall hold harmless and indemnify the City of Cupertino, its city council, employees, agents, servants, and volunteers against any and all liability, claims, losses, damages or expenses arising from the event or activities of Permitee, its ofcers, agents or employees; excluding, however, such liability, claims, losses, damages or expenses arising from the City’s sole negligence or willful acts. Permitee shall be liable to the City for any and all damages to parks, facilities, and buildings owned by the City arising from the activities of Permitee or any participant in said activity.

I understand that I am renting and using the City property in its current condition, I have had an opportunity to inspect the property, and there have been no representations of the construction, condition, or safety of the property. In consideration of acceptance of my application for rental of property, I hereby RELEASE, DISCHARGE, AND AGREE NOT TO SUE the City of Cupertino, the City Council, ofcials, ofcers, agents, employees, or volunteers (collectively, “City”) to the fullest extent legally possible from any injury, death, or damage or loss to personal property arising out of, or in connection with, my rental of the property from whatever cause, including the active or passive negligence of City or any other participants in the activity. I understand that City does not guarantee the construction, condition, or safety of the facilities where the activity is taking place.

In consideration for being permited for the rental of property, I hereby agree, for myself, my heirs, administrators, executors, and assigns, that I shall indemnify and hold harmless the City of Cupertino, the City Council, ofcials, ofcers, agents, employees, or volunteers (collectively, “City”) from any and all claims, demands, actions or suits arising out of or in connection with my participation in the activity or rental of the property.

I have carefully read this agreement and fully understand its contents. I am aware that it is a full release of all liability and sign it on my own free will.

Cancellation of reservation must be made at least 30 calendar days prior to your reservation date in order for your rental fees to be refunded.

I hereby agree to provide a certificate of commercial general liability insurance with the City of Cupertino listed as an additional insured in the amount of $1,000,000 per occurrence if required.

I, the undersigned, hereby agree to be present for the entirety of my event. I agree to be present for both a pre-event inspection and a post-event inspection of the rental facility and understand that my signature will be required on any inspection reports.

Functions exceeding the permitted reservation time shall be charged 1.5 times the associated hourly fee for anytime to the first half hour and 1.5 times the associated fee for every half hour there after. __________
Initial __________
Initial __________
Initial __________
Initial

ANGELA TSUI

CITY OF CUPERTINO
10300 TORRE AVE
CUPERTINO CA 95014
Home: (408)777-3200 Business: (408)
Fax: (408)

KELSEY HAYES

INTERIM RECREATION SUPERVISOR
Cupertino Recreation & Community Services Dept
Date Approved:

X: X:

Mailing address if different from above:

Page: 3 of 3

ATTACHMENT C
62 CC 04-04-2023
62 of 259
Quinlan Community Center
10185 N Stelling Rd.

Cupertino, CA, US 95014
PHONE:(408) 777-3120
FAX:(408) 777-1305
EMAIL:[email protected]
Permit # R5508
Status Approved
Date Dec 14, 2018 9:18 AM
Organization Name Cupertino - City Manager's Office - 34 Customer Type Cupertino Non-Profit
Organization Address 10300 Torre Ave.

Cupertino, CA 95014
Organization Phone 1
Number
(408) 777-3200
Agent Name Angela Tsui Main Phone Number (408) 777-7607 Email Address [email protected]
System User Ofelia Ng
Permit
Rental Fee $0.00
Discounts $0.00
Subtotal $0.00
Deposits $0.00
Deposit Discounts $0.00
Total Permit Fee $0.00
Total Payment $0.00
Refunds $0.00
Balance $0.00
Chamber LAC 1 resource(s) 11 booking(s) Subtotal: $0.00 Booking Summary
CHall - Community Hall (Admin Booking) Center: Community Hall

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Jan 11, 2019 12:30 PM Dec 6, 2019 2:00 PM --
Occurs on selected dates: Jan 11, 2019, Mar 1, 2019, Apr 5, 2019, May 3, 2019, Jun 7, 2019, Jul 12, 2019, Aug 2, 2019, Sep 6, 2019, Oct 4, 2019, Nov 1, 2019, Dec 6, 2019
Jan 11, 2019 12:30 PM Jan 11, 2019 2:00 PM 40 $0.00
Mar 1, 2019 12:30 PM Mar 1, 2019 2:00 PM 40 $0.00
Apr 5, 2019 12:30 PM Apr 5, 2019 2:00 PM 40 $0.00
May 3, 2019 12:30 PM May 3, 2019 2:00 PM 40 $0.00
Jun 7, 2019 12:30 PM Jun 7, 2019 2:00 PM 40 $0.00
Jul 12, 2019 12:30 PM Jul 12, 2019 2:00 PM 40 $0.00
Aug 2, 2019 12:30 PM Aug 2, 2019 2:00 PM 40 $0.00
Sep 6, 2019 12:30 PM Sep 6, 2019 2:00 PM 40 $0.00

ATTACHMENT C
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63 of 259
Oct 4, 2019 12:30 PM Oct 4, 2019 2:00 PM 40 $0.00
Nov 1, 2019 12:30 PM Nov 1, 2019 2:00 PM 40 $0.00
Dec 6, 2019 12:30 PM Dec 6, 2019 2:00 PM 40 $0.00

ATTACHMENT C
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64 of 259
Quinlan Community Center
10185 N Stelling Rd.

Cupertino, CA, US 95014
PHONE:(408) 777-3120
FAX:(408) 777-1305
EMAIL:[email protected]
Permit # R30723
Status Approved
Date Nov 14, 2019 3:27 PM
Organization Name Cupertino - City Manager's Office - 34 Customer Type Cupertino Non-Profit
Organization Address 10300 Torre Ave.

Cupertino, CA 95014
Organization Phone 1
Number
(408) 777-3200
Agent Name Angela Tsui Main Phone Number (408) 777-7607 Email Address [email protected]
System User Ofelia Ng
Permit
Rental Fee $0.00
Discounts $0.00
Subtotal $0.00
Deposits $0.00
Deposit Discounts $0.00
Total Permit Fee $0.00
Total Payment $0.00
Refunds $0.00
Balance $0.00
Cupertino-City Mgr/Chamber LAC 1 resource(s) 2 booking(s) Subtotal: $0.00 Booking Summary
CHall - Community Hall (Admin Booking) Center: Community Hall

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Jan 10, 2020 12:30 PM Jan 10, 2020 2:00 PM 40 $0.00
Mar 6, 2020 12:30 PM Mar 6, 2020 2:00 PM 40 $0.00

ATTACHMENT C
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65 of 259
# R2564 Status Approved Page 1 of 2
7 resource(s) 10 booking(s) Subtotal: $0.00
System User Kelsey Christian Payer Cupertino Chamber Of Commerce Main Phone Number (408) 252-7054
Cell Phone Number (408) 838-0502
Email Address [email protected]
Agent Name Anjali Kausar
Organization Name Cupertino Chamber Of Commerce - 7
Customer Type Cupertino Non-Profit
Organization Address 20455 Silverado Ave.

Cupertino, CA 95014
Permit # R2564
Status Approved
Date Oct 24, 2018 11:44 AM
Quinlan Community Center
10185 N Stelling Rd.

Cupertino, CA, US 95014
PHONE:(408) 777-3120
FAX:(408) 777-1305
EMAIL:[email protected]
Permit
Rental Fee $0.00
Discounts $0.00
Subtotal $0.00
Deposits $0.00
Deposit Discounts $0.00
Total Permit Fee $0.00
Total Payment $0.00
Refunds $0.00
Balance $0.00
Diwali Festival 2019
Booking Summary
MP - Half Field - Festival (Admin Booking) Center: Memorial Park

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Oct 10, 2019 8:00 AM Oct 10, 2019 7:00 PM 1 $0.00
Oct 11, 2019 7:00 AM Oct 11, 2019 9:00 PM 1 $0.00
Oct 12, 2019 7:00 AM Oct 12, 2019 9:00 PM 1 $0.00
QCC - Cupertino Room (Admin Booking) Center: Quinlan Community Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Oct 11, 2019 8:00 AM Oct 11, 2019 10:00 PM 1 $0.00
Oct 12, 2019 7:00 AM Oct 12, 2019 9:00 PM 1 $0.00
MP - Amphitheatre (Admin Booking) Center: Memorial Park

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Oct 12, 2019 7:00 AM Oct 12, 2019 7:00 PM 1 $0.00
MP - Gazebo (Admin Booking) Center: Memorial Park

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Oct 12, 2019 7:00 AM Oct 12, 2019 7:00 PM 1 $0.00
MP - Softball Field (Admin Booking) Center: Memorial Park

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX

ATTACHMENT C
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66 of 259
# R2564 Status Approved Page 2 of 2
Oct 12, 2019 7:00 AM Oct 12, 2019 7:00 PM 1 $0.00
QCC - Conference Room (Admin Booking) Center: Quinlan Community Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Oct 12, 2019 7:00 AM Oct 12, 2019 9:00 PM 1 $0.00
QCC - Social Room (Admin Booking) Center: Quinlan Community Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Oct 12, 2019 7:00 AM Oct 12, 2019 9:00 PM 1 $0.00
Payment and Refund
RECEIPT # DATE FEE DESCRIPTION EVENT RESOURCE PAYMENT / REFUND 1005149.03 Sep 24, 2019 Security Deposit
GL#100
Diwali Festival 2019 MP - Half Field -
Festival
$1,000.00
2001618.03 Oct 18, 2019 Security Deposit
GL#100
Diwali Festival 2019 MP - Half Field -
Festival
-$1,000.00

ATTACHMENT C
67 CC 04-04-2023
67 of 259
# R39887 Status Approved Page 1 of 3
17 resource(s) 21 booking(s) Subtotal: $0.00
System User Ruben Rodriguez Payer Cupertino Chamber Of Commerce Main Phone Number (408) 252-7054
Cell Phone Number (408) 838-0502
Email Address [email protected]
Agent Name Anjali Kausar
Organization Phone 1
Number
Organization Name Cupertino Chamber Of Commerce - 7 (408) 252-7054 Customer Type Cupertino Non-Profit
Organization Address 20455 Silverado Ave.

Cupertino, CA 95014
Permit # R39887
Status Approved
Date Oct 14, 2021 10:50 AM
Quinlan Community Center
10185 N Stelling Rd.

Cupertino, CA, US 95014
PHONE:(408) 777-3120
FAX:(408) 777-1305
EMAIL:[email protected]
Permit
Rental Fee $0.00
Discounts $0.00
Subtotal $0.00
Deposits $0.00
Deposit Discounts $0.00
Total Permit Fee $0.00
Total Payment $0.00
Refunds $0.00
Balance $0.00
Diwali Festival 2021
Booking Summary
MP - Half Field - Festival (Admin Booking) Center: Memorial Park

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Oct 15, 2021 8:00 AM Oct 15, 2021 7:00 PM 1 $0.00
Oct 16, 2021 7:00 AM Oct 16, 2021 9:00 PM 1 $0.00
Oct 17, 2021 7:00 AM Oct 17, 2021 9:00 PM 1 $0.00
MP - Amphitheatre (Admin Booking) Center: Memorial Park

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Oct 16, 2021 7:00 AM Oct 17, 2021 7:00 PM -- $0.00
Occurs every day effective Oct 16, 2021 until Oct 17, 2021 from 7:00 AM to 7:00 PM Oct 16, 2021 7:00 AM Oct 16, 2021 7:00 PM 1 $0.00
Oct 17, 2021 7:00 AM Oct 17, 2021 7:00 PM 1 $0.00
MP - Gazebo (Admin Booking) Center: Memorial Park

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Oct 16, 2021 7:00 AM Oct 16, 2021 7:00 PM 1 $0.00
MP - Softball Field (Admin Booking) Center: Memorial Park

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX

ATTACHMENT C
68 CC 04-04-2023
68 of 259
# R39887 Status Approved Page 2 of 3
Oct 16, 2021 7:00 AM Oct 16, 2021 7:00 PM 1 $0.00
QCC - Conference Room (Admin Booking) Center: Quinlan Community Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Oct 16, 2021 7:00 AM Oct 16, 2021 9:00 PM 1 $0.00
QCC - Social Room (Admin Booking) Center: Quinlan Community Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Oct 16, 2021 7:00 AM Oct 16, 2021 9:00 PM 1 $0.00
QCC - Cupertino Room (Admin Booking) Center: Quinlan Community Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Oct 16, 2021 8:00 AM Oct 16, 2021 10:00 PM 1 $0.00
Oct 17, 2021 7:00 AM Oct 17, 2021 9:00 PM 1 $0.00
SC - Arts & Crafts Room (Admin Booking) Center: Senior Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Oct 16, 2021 8:30 AM Oct 16, 2021 11:00 PM 1 $0.00
SC - Bay Room (Admin Booking) Center: Senior Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Oct 16, 2021 8:30 AM Oct 16, 2021 11:00 PM 1 $0.00
SC - Classroom (Admin Booking) Center: Senior Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Oct 16, 2021 8:30 AM Oct 16, 2021 11:00 PM 1 $0.00
SC - Conference Room (Admin Booking) Center: Senior Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Oct 16, 2021 8:30 AM Oct 16, 2021 11:00 PM 1 $0.00
SC - Exercise Room (Admin Booking) Center: Senior Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Oct 16, 2021 8:30 AM Oct 16, 2021 11:00 PM 1 $0.00
SC - Fountain Room (Admin Booking) Center: Senior Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Oct 16, 2021 8:30 AM Oct 16, 2021 11:00 PM 1 $0.00
SC - Kitchen (Admin Booking) Center: Senior Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Oct 16, 2021 8:30 AM Oct 16, 2021 11:00 PM 1 $0.00
SC - Reception Hall (Admin Booking) Center: Senior Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Oct 16, 2021 8:30 AM Oct 16, 2021 11:00 PM 1 $0.00
SC - Reception Hall B (Admin Booking) Center: Senior Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Oct 16, 2021 8:30 AM Oct 16, 2021 11:00 PM 1 $0.00
SC - Tech Lab (Admin Booking) Center: Senior Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Oct 16, 2021 8:30 AM Oct 16, 2021 11:00 PM 1 $0.00

ATTACHMENT C
69 CC 04-04-2023
69 of 259
# R39887 Status Approved Page 3 of 3
Payment and Refund
RECEIPT # DATE FEE DESCRIPTION EVENT RESOURCE PAYMENT / REFUND 1007736.03 Oct 14, 2021 Security Deposit
GL#100
Diwali Festival 2021 MP - Half Field -
Festival
$1,000.00
2004906.03 Oct 21, 2021 Security Deposit
GL#100
Diwali Festival 2021 MP - Half Field -
Festival
-$1,000.00

ATTACHMENT C
70 CC 04-04-2023
70 of 259
# R61247 Status Approved Page 1 of 2
2 resource(s) 4 booking(s) Subtotal: $1,000.00
System User Ruben Rodriguez Payer Cupertino Chamber Of Commerce Work Phone Number (408) 550-6158
Main Phone Number (408) 355-4413
Cell Phone Number (408) 355-4413
Email Address [email protected]
Agent Name Rick (Cupertino) Kitson (Chamber)
Organization Name Cupertino Chamber Of Commerce - 7
Customer Type Cupertino Non-Profit
Organization Address 20455 Silverado Ave.

Cupertino, CA 95014
Permit # R61247
Status Approved
Date Mar 30, 2022 6:01 PM
Quinlan Community Center
10185 N Stelling Rd.

Cupertino, CA, US 95014
PHONE:(408) 777-3120
FAX:(408) 777-1305
EMAIL:[email protected]
Permit
Rental Fee $0.00
Discounts $0.00
Subtotal $0.00
Deposits $1,000.00
Deposit Discounts $0.00
Total Permit Fee $1,000.00
Total Payment $1,000.00
Refunds $0.00
Balance $0.00
Cupertino Holi Festival
Booking Summary
MP - Half Field - Festival (Admin Booking) Center: Memorial Park

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Apr 2, 2022 11:00 AM Apr 2, 2022 9:00 PM 20 $0.00
Apr 3, 2022 8:00 AM Apr 3, 2022 6:00 PM 1000 $0.00
Apr 4, 2022 8:00 AM Apr 4, 2022 1:00 PM 20 $0.00
Resource level fees $1,000.00
QCC - Cupertino Room (Admin Booking) Center: Quinlan Community Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Apr 3, 2022 8:00 AM Apr 3, 2022 6:00 PM 1 $0.00
Deposit

EVENT RESOURCE DEPOSIT FEE CHARGE TAX AMOUNT PAID REFUNDS BALANCE Cupertino
Holi Festival
MP - Half
Field -
Festival
Security
Deposit
GL#100
$1,000.00 $0.00 $1,000.00 $0.00 $0.00

ATTACHMENT C
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71 of 259
# R61247 Status Approved Page 2 of 2
Payment and Refund
RECEIPT # DATE FEE DESCRIPTION EVENT RESOURCE PAYMENT / REFUND 1008141.03 Mar 3, 2022 Security Deposit
GL#100
Cupertino Holi
Festival
MP - Full Field -
Festival
$1,000.00
3008624.03 Mar 30, 2022 Security Deposit
GL#100
Cupertino Holi
Festival
-- -$1,000.00
3008624.03 Mar 30, 2022 Security Deposit
GL#100
Cupertino Holi
Festival
MP - Half Field -
Festival
$1,000.00

ATTACHMENT C
72 CC 04-04-2023
72 of 259
# R100281 Status Tentative Page 1 of 2
17 resource(s) 21 booking(s) Subtotal: $0.00
System User Ruben Rodriguez
Main Phone Number (408) 252-7054
Cell Phone Number (408) 838-0502
Email Address [email protected]
Agent Name Anjali Kausar
Organization Name Cupertino Chamber Of Commerce - 7
Customer Type Cupertino Non-Profit
Organization Address 20455 Silverado Ave.

Cupertino, CA 95014
Permit # R100281
Status Tentative
Date Mar 22, 2022 1:57 PM
Expiration Date Mar 22, 2023
Quinlan Community Center
10185 N Stelling Rd.

Cupertino, CA, US 95014
PHONE:(408) 777-3120
FAX:(408) 777-1305
EMAIL:[email protected]
Permit
Rental Fee $0.00
Discounts $0.00
Subtotal $0.00
Deposits $0.00
Deposit Discounts $0.00
Total Permit Fee $0.00
Total Payment $0.00
Refunds $0.00
Balance $0.00
Diwali Festival 2021
Booking Summary
MP - Half Field - Festival (Admin Booking) Center: Memorial Park

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Sep 9, 2022 8:00 AM Sep 9, 2022 7:00 PM 1 $0.00
Sep 10, 2022 7:00 AM Sep 10, 2022 9:00 PM 1 $0.00
Sep 11, 2022 7:00 AM Sep 11, 2022 9:00 PM 1 $0.00
MP - Amphitheatre (Admin Booking) Center: Memorial Park

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Sep 10, 2022 7:00 AM Sep 11, 2022 7:00 PM -- $0.00
Occurs every day effective Sep 10, 2022 until Sep 11, 2022 from 7:00 AM to 7:00 PM MP - Gazebo (Admin Booking) Center: Memorial Park

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Sep 10, 2022 7:00 AM Sep 10, 2022 7:00 PM 1 $0.00
MP - Softball Field (Admin Booking) Center: Memorial Park

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Sep 10, 2022 7:00 AM Sep 10, 2022 7:00 PM 1 $0.00
QCC - Conference Room (Admin Booking) Center: Quinlan Community Center

ATTACHMENT C
73 CC 04-04-2023
73 of 259
# R100281 Status Tentative Page 2 of 2

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Sep 10, 2022 7:00 AM Sep 10, 2022 9:00 PM 1 $0.00
QCC - Social Room (Admin Booking) Center: Quinlan Community Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Sep 10, 2022 7:00 AM Sep 10, 2022 9:00 PM 1 $0.00
QCC - Cupertino Room (Admin Booking) Center: Quinlan Community Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Sep 10, 2022 8:00 AM Sep 10, 2022 10:00 PM 1 $0.00
Sep 11, 2022 7:00 AM Sep 11, 2022 9:00 PM 1 $0.00
SC - Arts & Crafts Room (Admin Booking) Center: Senior Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Sep 10, 2022 8:30 AM Sep 10, 2022 11:00 PM 1 $0.00
SC - Bay Room (Admin Booking) Center: Senior Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Sep 10, 2022 8:30 AM Sep 10, 2022 11:00 PM 1 $0.00
SC - Classroom (Admin Booking) Center: Senior Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Sep 10, 2022 8:30 AM Sep 10, 2022 11:00 PM 1 $0.00
SC - Conference Room (Admin Booking) Center: Senior Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Sep 10, 2022 8:30 AM Sep 10, 2022 11:00 PM 1 $0.00
SC - Exercise Room (Admin Booking) Center: Senior Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Sep 10, 2022 8:30 AM Sep 10, 2022 11:00 PM 1 $0.00
SC - Fountain Room (Admin Booking) Center: Senior Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Sep 10, 2022 8:30 AM Sep 10, 2022 11:00 PM 1 $0.00
SC - Kitchen (Admin Booking) Center: Senior Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Sep 10, 2022 8:30 AM Sep 10, 2022 11:00 PM 1 $0.00
SC - Reception Hall (Admin Booking) Center: Senior Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Sep 10, 2022 8:30 AM Sep 10, 2022 11:00 PM 1 $0.00
SC - Reception Hall B (Admin Booking) Center: Senior Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Sep 10, 2022 8:30 AM Sep 10, 2022 11:00 PM 1 $0.00
SC - Tech Lab (Admin Booking) Center: Senior Center

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Sep 10, 2022 8:30 AM Sep 10, 2022 11:00 PM 1 $0.00

ATTACHMENT C
74 CC 04-04-2023
74 of 259
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Main Account - Main Checking Account
Check
729282 12/13/2021 Open Accounts Payable Cupertino Hotel $183.90 Invoice Date Description Amount
2022-00000308 10/22/2021 Boris Stanley Meal Service for 10/17/21 and 10/21/21 $183.90 729283 12/17/2021 Open Accounts Payable ADVANTAGE GRAFIX $106.94 Invoice Date Description Amount
46147 11/04/2021 Business Cards - Tina Kapoor $106.94
729284 12/17/2021 Open Accounts Payable AT&T $337.40
Invoice Date Description Amount
000017164481 10/12/2021 911 Emergency Phone Lines - 09/12/2021 - 10/11/2021
$153.72
000017453110 12/12/2021 911 Emergency Phone Lines - 11/12/2021 - 12/11/2021
$183.68
729285 12/17/2021 Open Accounts Payable AVOCETTE TECHNOLOGIES INC. $7,507.50 Invoice Date Description Amount
2111CU1 11/30/2021 Accela FY22 Configuration services & Business License Nov 2021
$7,507.50
729286 12/17/2021 Open Accounts Payable CINTAS CORPORATION $2,247.32 Invoice Date Description Amount
4103917285 12/07/2021 UNIFORMS SAFETY APPAREL $1,123.66 4104617598 12/14/2021 UNIFORMS SAFETY APPAREL $1,123.66 729287 12/17/2021 Open Accounts Payable COLLEEN LOPEZ $1,200.00 Invoice Date Description Amount
2021-6 12/10/2021 Housing Consultant 2021/11 $1,200.00
729288 12/17/2021 Open Accounts Payable COMCAST $2,162.67 Invoice Date Description Amount
3310-120721 12/07/2021 8155 40 065 0183310 -120721 $2,162.67 729289 12/17/2021 Open Accounts Payable COUNTY OF SANTA CLARA $1,290,467.25 Invoice Date Description Amount
1800078855 11/01/2021 Advance for Law Enforcement Svs (Nov 2021) $1,290,457.25 1800078811 10/28/2021 LIVE SCAN SERVICES SEPT 2021 $10.00 729290 12/17/2021 Open Accounts Payable CUPERTINO CHAMBER OF

COMMERCE
$8,000.00
Invoice Date Description Amount
12927 08/10/2021 Chamber Annual Contract - First Installment $8,000.00 729291 12/17/2021 Open Accounts Payable Darlene Rochkind $197.87 Invoice Date Description Amount
10180 12/11/2021 interpreting services for Signing Santa $197.87 729292 12/17/2021 Open Accounts Payable DENCO SALES COMPANY, INC. $388.79 Invoice Date Description Amount
8781818-00 12/08/2021 Grounds - Material for Field Closed Signs $388.79 729293 12/17/2021 Open Accounts Payable DEVIL MOUNTAIN WHOLESALE

NURSERY, INC
$8,244.50
Invoice Date Description Amount
2059/7 12/10/2021 Trees/ROW - Trees $7,190.51
user: Vi Tran Pages: 1 of 8 Tuesday, December 21, 2021
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/11/2021 - To Payment Date: 12/17/2021

ATTACHMENT E
75 CC 04-04-2023
75 of 259
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
10922/3 12/14/2021 Trees/ROW - Trees $1,053.99
729294 12/17/2021 Open Accounts Payable Eshverya Gianchandani $55.00 Invoice Date Description Amount
EshveryaG101521 10/15/2021 Reimbursement - Crew SV Luncheon $55.00 729295 12/17/2021 Open Accounts Payable FRANCHISE TAX BOARD $14,253.52 Invoice Date Description Amount
DGWithholding1 12/16/2021 Income Tax for Daniel Gertmenian #883685572 $14,253.52 729296 12/17/2021 Open Accounts Payable James Throop $57.00 Invoice Date Description Amount
Throop11821 11/08/2021 Live Scan and Fingerprinting Reimbursement $57.00 729297 12/17/2021 Open Accounts Payable MOUNTAIN VIEW GARDEN CENTER
$1,712.49
Invoice Date Description Amount
108587 12/08/2021 Grounds - 4Yard Red Pro Chip $244.22
108583 12/08/2021 Grounds - 4Yard Red Pro Chip $244.22
108578 12/08/2021 Grounds - 4Yard Red Pro Chip $244.22
108595 12/09/2021 Grounds - 2yds Red Pro Chip $122.11
108599 12/10/2021 Streets - Sand for Sandbags $857.72
729298 12/17/2021 Open Accounts Payable MUNICIPAL MAINTENANCE

EQUIPMENT, INC
$384,130.50
Invoice Date Description Amount
0165944-IN 12/15/2021 Streets - Vac-Con Sewer & Storm Drain Cleaner $384,130.50 729299 12/17/2021 Open Accounts Payable OTIS ELEVATOR COMPANY $8,772.12 Invoice Date Description Amount
100400515232 09/13/2021 Facilities - Library Maintenance 10-1-21 to 9-30-22 $8,772.12 729300 12/17/2021 Open Accounts Payable TRACER GOLF USA $212.43 Invoice Date Description Amount
#INV-003194 11/30/2021 golf tees to sell in pro shop $212.43 729301 12/17/2021 Open Accounts Payable TYLER TECHNOLOGIES, INC. $701.37 Invoice Date Description Amount
Invoice-65976 12/01/2021 SELF SEAL 1099 ENV $701.37
729302 12/17/2021 Open Accounts Payable LARRY KLEIN $794.00 Invoice Date Description Amount
277809 12/13/2021 REFUND 10236 CRESTON DR TR-2021-042

WITHDRAWN
$794.00
729303 12/17/2021 Open Accounts Payable Liaw, Hai-Pyng $402.00 Invoice Date Description Amount
262993 12/14/2021 Refund for tree fee - insufficient space for planting $402.00 729304 12/17/2021 Open Accounts Payable Ng, Ofelia $39.34 Invoice Date Description Amount
12162021 12/16/2021 Laptop Bag Reimbursement: Nordstrom - DUCHAMP Office Backpack
$39.34
user: Vi Tran Pages: 2 of 8 Tuesday, December 21, 2021
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/11/2021 - To Payment Date: 12/17/2021

ATTACHMENT E
76 CC 04-04-2023
76 of 259
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
729305 12/17/2021 Open Accounts Payable Nokhoda, Shazia $44.80 Invoice Date Description Amount
11192021 11/19/2021 Petty Cash for Shazia Nokhoda: Preschool - Thanksgiving Projects
$44.80
729306 12/17/2021 Open Accounts Payable STACIE VARIAN $196.44 Invoice Date Description Amount
279351 12/09/2021 REFUND 10445 SAN FERNANDO AVE BLD-2021- 2338 WITHDRAWN
$196.44
729307 12/17/2021 Open Accounts Payable THOMAS JAMES HOMES $5,000.00 Invoice Date Description Amount
270129 12/14/2021 10742 Carver Dr., Encroachment, 270129 $5,000.00 729308 12/17/2021 Open Accounts Payable THOMAS JAMES HOMES $37,000.00 Invoice Date Description Amount
269874 12/14/2021 10206 Orange Ave,100%L&M Bond, 269874 $37,000.00 729309 12/17/2021 Open Accounts Payable TIFANIE DANIELS $176.80 Invoice Date Description Amount
277109 12/10/2021 REFUND 10108 S TANTAU AVE BLD-2021-1625

SCOPE OF WORK CHANGE
$176.80
Type Check Totals: 28 Transactions $1,774,591.95
EFT
33219 12/13/2021 Open Accounts Payable Darcy Paul $1,264.06 Invoice Date Description Amount
DarcyP102921 10/29/2021 Reimbursement - League of CA Cities Conference (Travel)
$144.48
DarcyP110321 11/03/2021 Reimbursement - 11/3 Meeting with FBI Special Agents
$56.72
DarcyP102821 10/28/2021 Reimbursement - 9/29 - 10/28 Cell Phone $116.44 DarcyP112821 11/28/2021 Reimbursement - 10/29 - 11/28 Cell Phone $116.44 DarcyP09282021 09/28/2021 Reimbursement - 8/29 - 9/28 Cell Phone $116.51 DarcyP102021 10/20/2021 Reimbursement - 10/20 Boris Stanley Dinner $233.00 DarcyP102121 10/21/2021 Reimbursement - 10/21 Boris Stanley Lunch $480.47 33220 12/13/2021 Open Accounts Payable EMPLOYMENT DEVEL DEPT $48,981.42 Invoice Date Description Amount
12032021 12/03/2021 CA State Tax pp 11/20/21-12/3/21 $48,981.42 33221 12/13/2021 Open Accounts Payable IRS $153,308.59
Invoice Date Description Amount
12032021 12/03/2021 Federal Tax pp 11/20/21-12/3/21 $153,308.59 33222 12/16/2021 Open Accounts Payable P E R S $486,351.36 Invoice Date Description Amount
12032021 12/03/2021 PERS pp 11/20/21-12/3/21 $486,351.36 33225 12/17/2021 Open Accounts Payable 4 PAWS GOOSE CONTROL $1,850.00 Invoice Date Description Amount
1640 12/07/2021 Grounds - Nov 2021 Goose Control Services $1,850.00 user: Vi Tran Pages: 3 of 8 Tuesday, December 21, 2021
Payment Register
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From Payment Date: 12/11/2021 - To Payment Date: 12/17/2021

ATTACHMENT E
77 CC 04-04-2023
77 of 259
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
33226 12/17/2021 Open Accounts Payable ALL PENINSULA FIRE

EXTINGUISHER COMPANY
$3,901.00
Invoice Date Description Amount
21406 11/10/2021 Facilities - Fire Extinguisher Service $3,901.00 33227 12/17/2021 Open Accounts Payable Amazon Capital Services $207.12 Invoice Date Description Amount
11GD-D66G-6H7N 12/10/2021 refund - StarTech.com Down Angle Mini USB Cable - 2m - Black -
($6.42)
1KTP-HLC4-NCMK 12/13/2021 StarTech.com Down Angle Mini USB Cable - 2m - Black for CE
$8.42
1D7T-NLPK-MWF6 12/13/2021 IT Admin Business Prime Essentials - Membership Fee $195.33 1L39-6FK4-NJF3 12/13/2021 zdyCGTime 5FT 6 Pin to 6 Pin Firewire DV iLink Male to Male IEEE
$9.79
33228 12/17/2021 Open Accounts Payable BOUCHER LAW $4,077.50 Invoice Date Description Amount
783 12/13/2021 Employee Health and Benefit Programs $2,350.00 784 12/13/2021 Labor & Employment Law Matters $1,475.00 782 12/13/2021 COVID-19 Matters $252.50
33229 12/17/2021 Open Accounts Payable BRIAN GATHERS $55.00 Invoice Date Description Amount
BrianG120421 12/04/2021 Cell Phone Reimbursement - Brian G Nov 5 to Dec 4 2021
$55.00
33230 12/17/2021 Open Accounts Payable CAROL KORADE $160.70 Invoice Date Description Amount
December2021 12/14/2021 Reimbursement for December 2021 $160.70 33231 12/17/2021 Open Accounts Payable CLEANSTREET, INC. $17,381.62 Invoice Date Description Amount
101733CS 11/30/2021 Street Sweeping November 2021 $17,381.62 33232 12/17/2021 Open Accounts Payable CLEARBLU ENVIRONMENTAL $622.61 Invoice Date Description Amount
26214 11/15/2021 Streets - Nov 2021 Haz Mat Services $622.61 33233 12/17/2021 Open Accounts Payable CORELOGIC SOLUTIONS, LLC $940.31 Invoice Date Description Amount
82109433 11/30/2021 Metro scan Nov. 2021 $940.31
33234 12/17/2021 Open Accounts Payable CURREN CONSULTING $3,360.00 Invoice Date Description Amount
2021-10-07 10/31/2021 2021 Pavement Maintenance Project Phase 1 & 2 $1,785.00 2021-11-07 11/30/2021 2021 Pavement Maintenance Project Phase 1 & 2 $1,575.00 33235 12/17/2021 Open Accounts Payable Darcy Paul $353.57 Invoice Date Description Amount
DarcyP120621 12/06/2021 Reimbursement - Greg/Council Farewell Dinner $353.57 33236 12/17/2021 Open Accounts Payable GRAINGER INC $687.76 Invoice Date Description Amount
9110089415 11/04/2021 Streets - LED Driver $474.46
9143218775 12/07/2021 Fleet - Marker, Red, Green, Blue $74.11 9143218759 12/07/2021 Fleet - Headlamp $139.19
user: Vi Tran Pages: 4 of 8 Tuesday, December 21, 2021
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From Payment Date: 12/11/2021 - To Payment Date: 12/17/2021

ATTACHMENT E
78 CC 04-04-2023
78 of 259
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
33237 12/17/2021 Open Accounts Payable GULU SAKHRANI $55.00 Invoice Date Description Amount
GuluS121421 12/14/2021 Cell Phone Charge Reimbursement for Gulu - Nov 8 to Dec 7
$55.00
33238 12/17/2021 Open Accounts Payable Health Care Employees Dental Trust $28,917.90 Invoice Date Description Amount
305409-305411 12/14/2021 December 2021 Dental Benefit $28,917.90 33239 12/17/2021 Open Accounts Payable INSERVH20 INC. $787.89 Invoice Date Description Amount
1720 12/01/2021 Facilities - DEc 2021 Water Treatment $787.89 33240 12/17/2021 Open Accounts Payable Jillian C Haff $390.00 Invoice Date Description Amount
Fall Payment 2 12/14/2021 oct/nov zoom classes $390.00
33241 12/17/2021 Open Accounts Payable Keish Environmental, PC $2,500.00 Invoice Date Description Amount
COCMCS-0002 11/30/2021 MRP Training- November Services $2,500.00 33242 12/17/2021 Open Accounts Payable LIFE INSURANCE COMPANY OF

NORTH AMERICA
$7,838.78
Invoice Date Description Amount
15487_120121 12/14/2021 December 2021 CIGNA $7,838.78
33243 12/17/2021 Open Accounts Payable Managed Health Network Inc $785.51 Invoice Date Description Amount
PRM-067673 11/16/2021 December 2021 EAP BENEFIT $785.51 33244 12/17/2021 Open Accounts Payable MESITI-MILLER ENGINEERING, INC.
$29,478.50
Invoice Date Description Amount
1121028 11/30/2021 SO#3 CE/SE Regnart Rd. Sites 3-6 Schematic Design through 112521
$12,578.00
1121019 11/30/2021 CE for Wilson Park Basketball Court through 112521 $13,972.50 1121027 11/30/2021 CE/Se for Regnart Rd. Improvements Ph. 1 through 112521
$2,928.00
33245 12/17/2021 Open Accounts Payable MOSS ADAMS LLP $19,850.00 Invoice Date Description Amount
102245348 12/10/2021 Professional Services Rendered Through 11/30/2021 $19,850.00 33246 12/17/2021 Open Accounts Payable NI GOVERNMENT SERVICES INC. $79.04 Invoice Date Description Amount
21112907051 12/01/2021 Satellite Cell Phone Service - November 2021 $79.04 33247 12/17/2021 Open Accounts Payable NIDHI MATHUR $336.42 Invoice Date Description Amount
NidhiM121321 12/13/2021 Nidhi Cell Reimbursements 4-19-21 to 11-18-21 $336.42 33248 12/17/2021 Open Accounts Payable Nomad Transit LLC $63,073.63 Invoice Date Description Amount
INV001-4247 11/30/2021 Via Cupertino Shuttle for November 2021 $63,073.63 33249 12/17/2021 Open Accounts Payable OFFICE DEPOT, INC. $855.40 Invoice Date Description Amount
209385970001 11/11/2021 Service Center - 16oz Cups $151.89 user: Vi Tran Pages: 5 of 8 Tuesday, December 21, 2021
Payment Register
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From Payment Date: 12/11/2021 - To Payment Date: 12/17/2021

ATTACHMENT E
79 CC 04-04-2023
79 of 259
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
209391573001 11/11/2021 Service Center - 16oz Cups $151.89 209392587001 11/12/2021 Service Center - Binder Clips $6.86 211925940001 11/22/2021 Service Center - Calendar 2022 $518.32 210095096001 11/18/2021 Retractable Gel Pen and Notepad $26.44 33250 12/17/2021 Open Accounts Payable PAVEMENT ENGINEERING INC $34,250.00 Invoice Date Description Amount
2111-084 12/08/2021 Construction Management & Inspection for 2020 Pavement Maint
$26,592.50
2111-083 12/08/2021 Construction Management & Inspection for 2020 Pavement Maint.
$7,657.50
33251 12/17/2021 Open Accounts Payable PLACEWORKS, INC $36,327.58 Invoice Date Description Amount
77078 11/30/2021 10625 S Foothill Blvd Environmental Review 2021/11 $1,355.33 77079 11/30/2021 10655 Mary Ave Environmental Review 2021/11 $323.85 77091 11/30/2021 22690 SCB Environmental Review 2021/11 $1,398.68 77093 11/30/2021 19191 Vallco Parkway Environmental Review 2021/11 $33,249.72 33252 12/17/2021 Open Accounts Payable RANEY PLANNING & MANAGEMENT, INC.
$3,940.35
Invoice Date Description Amount
2198E-1 12/09/2021 20860 McClellan Rd IS/MND 2021/11 $3,940.35 33253 12/17/2021 Open Accounts Payable RED WING BUSINESS ADVANTAGE

ACCOUNT
$386.57
Invoice Date Description Amount
20211210075899 12/10/2021 Safety Boots for Bob - Building $386.57 33254 12/17/2021 Open Accounts Payable RRM DESIGN GROUP $8,691.00 Invoice Date Description Amount
1832-00-1121 12/10/2021 Design Review Consultant 2021/11 $8,691.00 33255 12/17/2021 Open Accounts Payable SDI PRESENCE LLC $1,662.50 Invoice Date Description Amount
8004 11/30/2021 Strategic Planning Services - Nov. 21 $1,662.50 33256 12/17/2021 Open Accounts Payable SHUTE, MIHALY & WEINBERGER LLP
$1,704.01
Invoice Date Description Amount
275133 12/13/2021 Legal Services, November 2021 $1,704.01 33257 12/17/2021 Open Accounts Payable SONITROL/PACIFIC WEST SECURITY, INC.
$10,620.00
Invoice Date Description Amount
55182 01/01/2022 Facilities - City Hall Jan-Mar 2022 $1,617.00 55183 01/01/2022 Facilities - Traffic Jan - March 2022 $339.00 55311 01/01/2022 Facilities - Library Jan - March 2022 $750.00 55312 01/01/2022 Facilities - Jan - March 2022 $1,446.00 55313 01/01/2022 Facilities - Jan - March 2022 $636.00
55314 01/01/2022 Facilities - QCC Jan - March 2022 $963.00 55315 01/01/2022 Facilities - City Hall Elevator Jan - March 2022 $102.00 55316 01/01/2022 Facilities - BBF Snack Shack Jan - March 2022 $129.00 55318 01/01/2022 Facilities - Senior Center Jan - March 2022 $162.00 55319 01/01/2022 Facilities - Rec Area Jan - March 2022 $750.00 user: Vi Tran Pages: 6 of 8 Tuesday, December 21, 2021
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From Payment Date: 12/11/2021 - To Payment Date: 12/17/2021

ATTACHMENT E
80 CC 04-04-2023
80 of 259
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
55320 01/01/2022 Facilities - Creekside Park Jan - March 2022 $261.00 55321 01/01/2022 Facilities - Wilson Park Jan - March 2022 $243.00 55322 01/01/2022 Facilities - City Hall Jan - March 2021 $582.00 55323 01/01/2022 Facilities - Service Center Jan - March 2022 $813.00 55977 01/01/2022 Facilities - BBF Jan - March 2022 $261.00 55978 01/01/2022 Facilities - BBF Kiosk Jan - March 2022 $240.00 56002 01/01/2022 Facilities - BBF Cafe Jan - March 2022 $384.00 56253 01/01/2022 Facilities - Sports Center Jan - March 2022 $702.00 56238 01/01/2022 Facilities - BBF Retreat Jan - March 2022 $240.00 33258 12/17/2021 Open Accounts Payable STATEWIDE TRAFFIC SAFETY AND SIGNS
$1,779.95
Invoice Date Description Amount
05035639 11/04/2021 Streets - Aquaphalt 4.0 Bucket $1,201.82 05036012 12/14/2021 Streets - Aquaphalt Shock Absorbing Tool $578.13 33259 12/17/2021 Open Accounts Payable SUNNYVALE FORD $1,288.66 Invoice Date Description Amount
196885 11/08/2021 Fleet - Kit H1 HV $644.33
196976 11/10/2021 Fleet - Kit H1 HV $644.33
33260 12/17/2021 Open Accounts Payable TENJI INC $1,835.89 Invoice Date Description Amount
3428 11/30/2021 Facilities - Library Oct 2021 Aquarium Maintenance $1,835.89 33261 12/17/2021 Open Accounts Payable THE HARTFORD $11,409.39 Invoice Date Description Amount
656341095774 12/14/2021 December 2021 Life and AD&D Benefit $11,203.20 756341141074 12/14/2021 December 2021 $206.19
33262 12/17/2021 Open Accounts Payable VALLEY OIL COMPANY $15,392.53 Invoice Date Description Amount
95095 12/09/2021 Fleet - Fuel $15,392.53
33263 12/17/2021 Open Accounts Payable Vision Service Plan (CA) $210.76 Invoice Date Description Amount
813734754 11/19/2021 December 2021 Vision Benefit $210.76 33264 12/17/2021 Open Accounts Payable Vision Service Plan (CA) $2,973.88 Invoice Date Description Amount
813734747 11/19/2021 December 2021 Vision Benefit $2,973.88 33265 12/17/2021 Open Accounts Payable Vision Service Plan (CA) $882.36 Invoice Date Description Amount
813771736 11/24/2021 December 2021 Vision Benefit $882.36 33266 12/17/2021 Open Accounts Payable WOWzy Creation Corp. dba First Place
$66.50
Invoice Date Description Amount
95135 11/15/2021 Name plates for Ayano Hattori, Ray Joseph & Birgit Werner
$66.50
Type EFT Totals: 46 Transactions $1,011,872.62
Main Account - Main Checking Account Totals
Checks Status Count Transaction Amount Reconciled Amount Open 28 $1,774,591.95 $0.00
user: Vi Tran Pages: 7 of 8 Tuesday, December 21, 2021
Payment Register
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From Payment Date: 12/11/2021 - To Payment Date: 12/17/2021

ATTACHMENT E
81 CC 04-04-2023
81 of 259
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 28 $1,774,591.95 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 46 $1,011,872.62 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 46 $1,011,872.62 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 74 $2,786,464.57 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 74 $2,786,464.57 $0.00
Grand Totals:

Checks Status Count Transaction Amount Reconciled Amount Open 28 $1,774,591.95 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 28 $1,774,591.95 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 46 $1,011,872.62 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 46 $1,011,872.62 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 74 $2,786,464.57 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 74 $2,786,464.57 $0.00
user: Vi Tran Pages: 8 of 8 Tuesday, December 21, 2021
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/11/2021 - To Payment Date: 12/17/2021 December 21, 2021

ATTACHMENT E
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83 CC 04-04-2023
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84 CC 04-04-2023
84 of 259
85 CC 04-04-2023
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86 CC 04-04-2023
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87 CC 04-04-2023
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88 CC 04-04-2023
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89 CC 04-04-2023
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90 CC 04-04-2023
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91 CC 04-04-2023
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Invoice
11879
City of Cupertino 02/05/2020
Angela Tsui
10300 Torre Ave
Cupertino CA 95014
02/05/2020
Date:

Invoice #:

Due:

Cupertino Chamber of Commerce
20455 Silverado Avenue
Cupertino CA 95014-4439
Phone: (408) 252-7054
Fax: (408) 252-0638
Website: https://www.cupertino-chamber.org
Email: [email protected]
Description Quantity Rate Amount
I Love Cupertino Project
Database Subscription 1 $197.66 $197.66
I Love Cupertino Project
Website Hosting 1 $154.55 $154.55
I Love Cupertino Project
Website Maintenance 12 $150.00 $1,800.00

Invoice: $2,152.21
Balance: $2,152.21
$2152.21
City of Cupertino
Angela Tsui
10300 Torre Ave
Cupertino CA 95014
Amount Due:

Due: 02/05/2020
Invoice #: 11879
Date: 02/05/2020
Cupertino Chamber of Commerce
20455 Silverado Avenue
Cupertino CA 95014-4439
92 CC 04-04-2023
92 of 259
Invoice
11755
City of Cupertino 01/03/2020
Angela Tsui
10300 Torre Ave
Cupertino CA 95014
01/03/2020
Date:

Invoice #:

Due:

Cupertino Chamber of Commerce
20455 Silverado Avenue
Cupertino CA 95014-4439
Phone: (408) 252-7054
Fax: (408) 252-0638
Website: https://www.cupertino-chamber.org
Email: [email protected]
Description Quantity Rate Amount
I Love Cupertino Project
Database Subscription 1 $197.66 $197.66
I Love Cupertino Project
Website Hosting 1 $154.55 $154.55
I Love Cupertino Project
Website Maintenance 10 $150.00 $1,500.00

Invoice: $1,852.21
Balance: $1,852.21
$1852.21
City of Cupertino
Angela Tsui
10300 Torre Ave
Cupertino CA 95014
Amount Due:

Due: 01/03/2020
Invoice #: 11755
Date: 01/03/2020
Cupertino Chamber of Commerce
20455 Silverado Avenue
Cupertino CA 95014-4439
93 CC 04-04-2023
93 of 259
Invoice
11930
City of Cupertino 03/02/2020
Angela Tsui
10300 Torre Ave
Cupertino CA 95014
03/02/2020
Date:

Invoice #:

Due:

Cupertino Chamber of Commerce
20455 Silverado Avenue
Cupertino CA 95014-4439
Phone: (408) 252-7054
Fax: (408) 252-0638
Website: https://www.cupertino-chamber.org
Email: [email protected]
Description Quantity Rate Amount
I Love Cupertino Project
Database Subscription 1 $197.66 $197.66
I Love Cupertino Project
Website Hosting 1 $154.55 $154.55
I Love Cupertino Project
Website Maintenance 15 $150.00 $2,250.00

Invoice: $2,602.21
Balance: $2,602.21
$2602.21
City of Cupertino
Angela Tsui
10300 Torre Ave
Cupertino CA 95014
Amount Due:

Due: 03/02/2020
Invoice #: 11930
Date: 03/02/2020
Cupertino Chamber of Commerce
20455 Silverado Avenue
Cupertino CA 95014-4439
94 CC 04-04-2023
94 of 259
Invoice
11981
City of Cupertino 04/01/2020
Angela Tsui
10300 Torre Ave
Cupertino CA 95014
04/01/2020
Date:

Invoice #:

Due:

Cupertino Chamber of Commerce
20455 Silverado Avenue
Cupertino CA 95014-4439
Phone: (408) 252-7054
Fax: (408) 252-0638
Website: https://www.cupertino-chamber.org
Email: [email protected]
Description Quantity Rate Amount
I Love Cupertino Project
Database Subscription 1 $197.66 $197.66
I Love Cupertino Project
Website Hosting 1 $154.55 $154.55
I Love Cupertino Project
Website Maintenance 10 $150.00 $1,500.00

Invoice: $1,852.21
Balance: $1,852.21
$1852.21
City of Cupertino
Angela Tsui
10300 Torre Ave
Cupertino CA 95014
Amount Due:

Due: 04/01/2020
Invoice #: 11981
Date: 04/01/2020
Cupertino Chamber of Commerce
20455 Silverado Avenue
Cupertino CA 95014-4439
95 CC 04-04-2023
95 of 259
Invoice
12094
City of Cupertino 05/04/2020
Angela Tsui
10300 Torre Ave
Cupertino CA 95014
05/04/2020
Date:

Invoice #:

Due:

Cupertino Chamber of Commerce
20455 Silverado Avenue
Cupertino CA 95014-4439
Phone: (408) 252-7054
Fax: (408) 252-0638
Website: https://www.cupertino-chamber.org
Email: [email protected]
Description Quantity Rate Amount
I Love Cupertino Project
Database Subscription 1 $197.66 $197.66
I Love Cupertino Project
Website Hosting 1 $154.55 $154.55
I Love Cupertino Project
Website Maintenance 10 $150.00 $1,500.00

Invoice: $1,852.21
Balance: $1,852.21
$1852.21
City of Cupertino
Angela Tsui
10300 Torre Ave
Cupertino CA 95014
Amount Due:

Due: 05/04/2020
Invoice #: 12094
Date: 05/04/2020
Cupertino Chamber of Commerce
20455 Silverado Avenue
Cupertino CA 95014-4439
96 CC 04-04-2023
96 of 259
Invoice
12129
City of Cupertino 06/05/2020
Angela Tsui
10300 Torre Ave
Cupertino CA 95014
06/05/2020
Date:

Invoice #:

Due:

Cupertino Chamber of Commerce
20455 Silverado Avenue
Cupertino CA 95014-4439
Phone: (408) 252-7054
Fax: (408) 252-0638
Website: https://www.cupertino-chamber.org
Email: [email protected]
Description Quantity Rate Amount
I Love Cupertino Project
Database Subscription 1 $197.66 $197.66
I Love Cupertino Project
Website Hosting 1 $154.55 $154.55
I Love Cupertino Project
Website Maintenance 10 $150.00 $1,500.00

Invoice: $1,852.21
Balance: $1,852.21
$1852.21
City of Cupertino
Angela Tsui
10300 Torre Ave
Cupertino CA 95014
Amount Due:

Due: 06/05/2020
Invoice #: 12129
Date: 06/05/2020
Cupertino Chamber of Commerce
20455 Silverado Avenue
Cupertino CA 95014-4439
97 CC 04-04-2023
97 of 259
Invoice
12492
City of Cupertino 12/13/2020
Angela Tsui
10300 Torre Ave
Cupertino CA 95014
12/13/2020
Date:

Invoice #:

Due:

Cupertino Chamber of Commerce
20455 Silverado Avenue
Cupertino CA 95014-4439
Phone: (408) 252-7054
Fax: (408) 252-0638
Website: https://www.cupertino-chamber.org
Email: [email protected]
Description Quantity Rate Amount
I Love Cupertino Project
Membee Complete Subscription - Website & Database 6 $352.00 $2,112.00

Invoice: $2,112.00
Balance: $2,112.00
$2112.00
City of Cupertino
Angela Tsui
10300 Torre Ave
Cupertino CA 95014
Amount Due:

Due: 12/13/2020
Invoice #: 12492
Date: 12/13/2020
Cupertino Chamber of Commerce
20455 Silverado Avenue
Cupertino CA 95014-4439
98 CC 04-04-2023
98 of 259
99 CC 04-04-2023
99 of 259
Invoice
12806
City of Cupertino 06/04/2021
Kristina Alfaro
10300 Torre Ave
Cupertino CA 95014
06/04/2021
Date:

Invoice #:

Due:

Cupertino Chamber of Commerce
20455 Silverado Avenue
Cupertino CA 95014-4439
Phone: (408) 252-7054
Fax: (408) 252-0638
Website: https://www.cupertino-chamber.org
Email: [email protected]
Description Quantity Rate Amount
I Love Cupertino Project
Membee Complete Subscription - Website & Database 6 $352.00 $2,112.00

Invoice: $2,112.00
Balance: $2,112.00
$2112.00
City of Cupertino
Kristina Alfaro
10300 Torre Ave
Cupertino CA 95014
Amount Due:

Due: 06/04/2021
Invoice #: 12806
Date: 06/04/2021
Cupertino Chamber of Commerce
20455 Silverado Avenue
Cupertino CA 95014-4439
100
CC 04-04-2023
100 of 259
101
CC 04-04-2023
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1 CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: March 21, 2023

Agenda Item #3
Subject:

Consider staff reports and the attachments provided at the June 21, 2022 and March 7, 2023 City Council meetings regarding the Chamber of Commerce
Recommended Action:

Receive the report on previously presented Chamber of Commerce related information.

Background:

Staff’s responses to questions received from councilmembers are shown in italics.

Q1: Do Chamber of Commerce members such as Apple, Recology, San Jose Water, and Rotary have contracts/agreements with the City? (Councilmember Moore) Although this subject is not on the agenda for the March 21 meeting, a number of the entities mentioned have or have had agreements with the City.

Q2: The Chamber of Commerce is a 501(c)6, what is the difference between a 501(c)3 and a 501(c)6? In terms of serving the public vs. serving their members, a member of the public brought this up and it should be clarified. (Councilmember Moore) A 501(c)(3) organization is an organization organized for charitable, religious, educational, scientific, or literary purposes, or for purposes of testing for public safety, fostering national or international amateur sports competition, and preventing cruelty to children or animals. 501(c)(6) organizations include business leagues, chambers of commerce, real estate boards, boards of trade, and professional football leagues, which are not organized for profit and no part of the net earnings of which insures to the benefit of any private shareholder or individual.

Both types of organization are tax-exempt under the Internal Revenue Code. The distinctions between 501(c)(3) and 501(c)(6) organizations are not on the agenda for the March 21 meeting. 102
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2 Q3: There are many payments in the attachments, are there contracts for them? (Councilmember Moore)
The City’s Purchasing Policy, in place since 2013, allows for a number of means for procurement of goods and service, including direct payment, purchase order, and contract. These expenditures are within the City Manager’s authority under the Purchasing Policy. Staff is preparing a revised Purchasing Policy for Council review. To the extent this question relates to questions other than the Purchasing Policy, it involves purely administrative matters. The Purchasing Policy is not on the agenda for the March 21 meeting but will be considered by Council at a future date.

Q4: Are Councilmembers allowed to ask about contracts and payments the City makes or has made when it is for goods and/or services? Is this part of the Duty of Accountability (see https://www.scu.edu/government-ethics/resources/public-officials-as-fiduciaries/ )? (Councilmember Moore)
Individual Councilmembers are entitled to receive information consistent with the requirements and limitations of Municipal Code Chapter 2.17. (CMC § 2.17.043.) Individual councilmembers may not direct or unduly influence staff execution of Council policy or City administration. (CMC §§ 2.17.032,

2.17.033, 2.17.042.) The City Manager is responsible for the implementation of Council policies, including the administration of contracts and payments. Questions about individual contracts and payments are administrative matters; Council should address purchasing issues at the policy level. The Purchasing Policy is not on the agenda for the March 21 meeting but will be considered by Council at a future date.

Q5: Have Chamber members lobbied for legislation, development projects, or agreements which come before the City Council? (Councilmember Moore) Although this subject is not on the agenda for the March 21 meeting, membership in the Chamber would not preclude a member from participating in the government process.

Q6: The previous Staff report provided a comparison of various other cities’ Chamber agreements included Santa Clara. Is the City of Cupertino now aware that the City of Santa Clara had a legal dispute with their chamber? See https://sanjosespotlight.com/santa-clarainitiates-litigation-against-business-group-accused-of-overbilling/ and https://sanjosespotlight.com/santa-clara-quietly-settles-lawsuit-with-silicon-valley-chamber-ofcommerce/ (Councilmember Moore) Staff is now aware of the legal dispute with the Chamber.

Q7: The City paid the Chamber $65,000 for a website. There is what looks like a proposal for a website in the attachments, where is the signed contract? Does the City own the website? If not, why? (Councilmember Moore)
The “I Love Cupertino” website design project was part of the City Work Program item in FY 20-21 under Targeted Marketing Programs to Assist Small Businesses. The current Purchasing Policy allows 103
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3 for a number of means for procurement of goods and service, including direct payment, purchase order, and contract. The Purchasing Policy is not on the agenda for the March 21 meeting but will be considered by Council at a future date.

The City’s intellectual property rights with respect to the website are not on the March 21 City Council agenda.

Q8: Do contracts need to be signed by a City Staff member for them to be in force? If we see a contract with no signature what does that mean? (Councilmember Moore) A signature is not generally a legal requirement for an enforceable contract in California and other common law jurisdictions. The current Purchasing Policy allows for a number of means for procurement of goods and service, including direct payment, purchase order, and contract. The Purchasing Policy is not on the agenda for the March 21 meeting but will be considered by Council at a future date.

Q9: Does the city allow campaign booths at City Festivals? Does it matter if the fees are waived for the festival or not? What types of campaigning are allowed at City Festivals? (Councilmember Moore)
This has the potential to be an involved response and discussion and is unrelated to the Chamber subject matter.
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CITY OF CUPERTINO
Agenda Item
23-12170 Agenda Date: 4/4/2023
Agenda #: 5.

Subject: Consider authorizing execution of a Maintenance Services Contract for City-owned orchards (Continued from March 21)

1. Authorize the City Manager to execute the Maintenance Service Contract with Anderson Tree Care Specialists, Inc. to provide orchard maintenance services for three years, at an annual amount not-toexceed $65,746, and if performance is satisfactory, allow up to two additional years of service.

2. Adopt Resolution No. 23-038 approving budget modification 2223-267 increasing appropriations in the Blackberry Farm Grounds Maintenance (100-84-811) and neighborhood Parks Maintenance (100-84- 813) budgets by $8,362 and $3,875 respectively
CITY OF CUPERTINO Page 1 of 1 Printed on 3/29/2023
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CITY COUNCIL STAFF REPORT
Meeting: April 4, 2023
Subject
Consider authorizing execution of a Maintenance Services Contract for City-owned orchards.

Recommended Action

1. Authorize the City Manager to execute the Maintenance Service Contract with Anderson Tree Care Specialists, Inc. to provide orchard maintenance services for three years, at an annual amount not-to-exceed $65,746, and if performance is satisfactory, allow up to two additional years of service.

2. Adopt Resolution No. 23-038 approving budget modification 2223-267 increasing appropriations in the Blackberry Farm Grounds Maintenance (100-84-811) and Neighborhood Parks Maintenance (100-84-813) budgets by $8,362 and $3,875 respectively.

Reasons for Recommendations
The Grounds Division in Public Works Department is responsible for the maintenance of orchards on City of Cupertino owned properties near the vicinities of Varian Park, Stocklmeir Property, and Blackberry Farm. There is a total of approximately 352 fruit trees consisting of 180 Apricot Trees, 158 Orange Trees, and 14 Santa Rosa Plum Trees.

The following exhibits show the location of each of the orchards. 106
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Currently, only one of the orchards near Varian Park is maintained by a contractor and the remaining two orchards at Stocklmeir and Blackberry Farm are maintained by City employees. Due to the lack of staffing resources, the City is unable to provide maintenance to a level that is satisfactory to the City. Staff is proposing to use an experienced and qualified contractor to maintain all three orchards.

The scope of work for the maintenance services includes tree pruning, eco-sensitive fertilization, weed, and pest control (e.g., gopher and ground squirrels), tree removal and replacement and minor irrigation maintenance.

On October 17, 2022, the City issued a request for proposal to competitively select a firm to perform maintenance of the orchards. The proposal was originally due on November 15, 2022 but was extended to allow time to provide responses to contractor’s questions and for contractor to submit their proposals. The following three proposals were received on December 15, 2022.

Orchard Maintenance Contractor Annual Price
Anderson Tree Care Specialists, Inc. $65,746.00
Mahan & Sons $103,990.00
Orchard Keepers $102,241.00
Anderson Tree Care Specialists has been in business for approximately 27 years and has the experience and qualifications to perform the maintenance at the orchards. The company has been providing tree care services for other municipalities as well as individual homeowners and commercial properties. Their orchard maintenance experience includes planting of 120 fruit trees for a private homeowner in Saratoga in 2007 and maintaining those trees since installation. The company is well accustomed to orchard maintenance practices.
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The initial term of this contract is three years, starting in April 2023, and can be extended for two additional one-year terms, for a total of five years.

Sustainability Impact
Maintenance of these orchards is supportive of Cupertino’s Climate Action Plan 2.0, under the Working with Nature strategic pillar. Proper orchard tree maintenance ensures the trees stay healthy and provide the best fruit production annually.

Fiscal Impact
The Fiscal Year (FY) 2022-2023 Public Works Grounds Division Operations budget includes funding to maintain the Varian Park orchard. The budget is not adequate due to the overall increase in maintenance services for the Varian Park orchard as well as the addition of the Stocklmeir and Blackberry Farm orchards. An additional appropriation of funds in the amount of $12,237.00 is requested for maintenance of all three orchards until the end of FY 2022-2023 of which $3,875.00 will be allocated to 100-84-813 and $8,362.00 will be allocated to 100-84-811. The future annual maintenance cost of $65,746.00 will be included as part of the proposed FY 2023-2024 budget.

California Environmental Quality Act (CEQA)
Orchard maintenance activities are exempt from CEQA under CEQA Guidelines section 15301 (maintenance of existing facilities).
_____________________________________
Prepared by: Jimmy Tan, Assistant Director of Public Works Reviewed by: Chad Mosley, Interim Director of Public Works Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Draft Contract
B – Draft Resolution
C – 03-21-2023 City Council Desk Item
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CITY OF
a MAINTENANCE SERVICES AGREEMENT

CUPERTINO

1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation ("City"), and Anderson's Tree Care Specialists ("Contractor"), a Corporation for Orchard Maintenance, and is effective on the last date signed below ("Effective Date").

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. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19.

3. TIME OF PERFORMANCE

3.1 This Agreement begins on the Effective Date and ends on March 31 , 2026 ("Contract Time"), unless terminated earlier as provided herein. Contractor's Services shall begin on the effective date and shall be completed by March 31, 2026. At ~he end of the term, the City shall have options to extend the term on a year-to-year basis up to an additional two years. The City shall exercise each one-year option by providing written notice to the Contractor at least 30 days prior to the expiration of the applicable term. Upon exercise of the option, the parties will amend Section 4.1 to reflect the increase in the contract compensation. The City's appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City's purchasing policy.

3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B.

3.3 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 $65,746.00 annually, for a total of $197,238.00 ("Contract Price"), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. In the event the City exercises its Orchard Maintenance

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option set forth in Section 3.1, this Section 4.1 will be amended to increase the annual amount by $65,746.00, as necessary.

4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement.

5. INDEPENDENT CONTRACTOR

5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker's compensation, or other benefits from the City.

5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 53 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code.

5.4 Subcontractors. Only Contractor's employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor.

5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement.

5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor's business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remit to City any payments due by the City as a result of such determination, so that the City's total expenses under this Agreement are not greater than they would have been had the determination not been made.

Orchard Maintenance

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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 upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City.
72 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered "works for hire" and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights.

Contractor may use copies of the Work Product for promotion only with City's written approval. 73 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 with1 generally accepted accounting principles. The records must include detailed information of Contractor's performance, benchmarks and deliverables, which must be available Orchard Maintenance

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to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City's final payment.

Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided.

9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity.

10. PUBLICITY/ SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City's contributions in making the project possible. The words "City of Cupertino" will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City.

11. INDEMNIFICATION

11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following:
(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 Orchard Maintenance

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accept a tender of defense upon receiving notice from City of a third-party claim. At City's request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement.

11.3 Contractor's duties under this section are not limited to the Contract Price, workers' compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee.

11.4. Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction.

11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.

Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.

11.6. This Section 11 shall survive termination of the Agreement.

12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor's compensation or terminating the Agreement.

13. COMPLIANCE WITH LAWS

13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act.

13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a "public works" component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws.

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, Orchard Maintenance

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Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.

13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City's rules governing gifts to public officials and employees.

13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement.

14. PROJECT COORDINATION
City Project Manager. The City assigns Jimmy Tan 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 Doug Anderson as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor's Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City's Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative.

15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City's pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum often 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 fmal payment will not be Orchard Maintenance

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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 Comt for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact.

18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs.

19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.

20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City's waiver of a breach shall not constitute waiver of another provision or breach.

21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.

22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate.

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.

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24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent.

25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect.

26. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission:

To City of Cupertino
Office of the City Manager
10300 Torre Ave., Cupertino CA 95014
Attention: Jimmy Tan
Email: [email protected]

27. EXECUTION
To Contractor: Anderson's Tree Care Specialists
121 N 27th St
San Jose CA 95116
Attention: Doug Anderson
Email: [email protected]
The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument.

IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.

CITY OF CUPERTINO
A Municipal Corporation
Orchard Maintenance

CONTRACTOR

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By __________ _
Name _________ _
Title _________ _
Date _________ _
APPROVED AS TO FORM:

CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:

KIRSTEN SQUARCIA
City Clerk
Date _________ _
Orchard Maintenance
J!o?g A11deno11 By __________ _
Name Doug Anderson
Title President
Date Mar 13, 2023

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EXHIBIT A

SCOPE OF WORK

1. GENERAL REQUIREMENT
A. The Contractor shall furnish all labor, tools, equipment, materials, and supervision necessary to perform the pruning, fertilization, weed and pest control, tree removal and replacement, minor irrigation maintenance and other related services as described in this section.

B. All work performed by Contractor shall conform to the latest International Society of Arboriculture (ISA), The American National Standard for Tree Pruning (ANSI A300) and specifications listed herein. Contractor shall comply with Standards of CAL-OSHA and the American National Standard Institute, Z133 Safety Requirements.

C. Contractor shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the Contractor's personnel or others near the work site, work is to immediately cease, and the appropriate utility company notified. If the work requires excavation, the Contractor is responsible for appropriate notification of Underground Service Alert (USA).

D. Contractor shall staff each project work site with a Supervisor who holds a current International Society of Arboriculture (ISA) Certified Arborist Credential. All Supervisors shall possess adequate technical background to ensure that all work is accomplished in compliance with applicable codes and regulations. All Contractor personnel engaged in the actual tree pruning shall hold, at minimum, a current ISA Certified Tree Worker credential. All other personnel ( e.g. ground workers) shall have sufficient training so as to be capable of performing their functions in a safe and proficient manner.

E. The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances. No internal combustion engine shall operate on the project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including, but not limited to truck, transit 118
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mixers or transit equipment that may or may not be owned by the Contractor.

F. Contractor shall comply with all air pollution control rules, regulations, ordinances, and statues. The Contractor shall comply with the provisions of the Clean Air Act, as amended (42 W.S.C. 1957 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et. Seq.) and the regulations there under (40 C.F.R. part 15).

G. The Contractor shall follow the appropriate best management practices contained in the California Storm Water Best
Management Practice Handbook, which is available from the Santa Clara Valley Water District Non-Point Source Program.

H. Upon completion of the scheduled work or at the end of the day, whatever occurs first, the Contractor shall clean the grounds occupied by Contractor in connection with the project, of all rubbish, debris, excess material, temporary structures, and equipment, leaving the entire site of the work in a neat and presentable condition.

I. The Contractor shall be responsible for the installation and removal of the temporary construction signs upon the completion of the Work. All signs shall be kept graffiti free at all times.

J. The Contractor shall submit work schedules to the Director of Public Works or his/her designee for approval as needed.

K. Existing improvements in areas adjoining the property whereon tree pruning work is being performed shall be protected from injury or damage resulting from operations of the Contractor.

L. Contractor is responsible for compliance with all laws applicable to orchard maintenance. Without limiting the generality of the foregoing, Contractor shall possess all permits and licenses required by the State of California, Department of Pesticide Regulation prior to the application of any pesticide or other regulated substance. Any pesticide used shall be listed on the State of California, Department of Pesticide Regulation's approved list and the Contractor shall submit all pesticide use reports to the County Agricultural Commissioner. Restricted materials, if used, shall be used and possessed only in accordance with a permit issued the County Agricultural Commissioner.

M. Contractor is fully responsible for any and all damage done to public or private property that results from the Contractor's 119
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operations. Without limiting the generality of the foregoing this shall include, but not be limited to, the repair, removal and replacement, at Contractor's expense, of shrubs, trees, vines, turf grass, groundcover or other landscape items that are lost or damaged due to negligence in pest and disease control practices, fungicide damage, or lack of proper maintenance and operations.

This shall also include any damage done to buildings and other improvements due to the Contractor's negligence.

N. Contractor is responsible for the protection and securing of its work sites. This may include opening and closing of said sites. The Contractor shall post signage in the Orchard for any applications or procedures in the interest of public safety. The City shall be notified at least 48 hours prior to any such closure.

0. Contractor shall be required to respond promptly to any emergency situations reported by City staff and have the ability to be contacted at all times. If the City performs any work in the Orchard ( e.g., for repair of the irrigation system), City shall notify Contractor a minimum of five (5) business days prior to any and all work that is scheduled to be performed in the orchard by the City, its contractors and/or employees except in an emergency in which case City will notify Contractor as soon as reasonably possible. If additional orchard maintenance is required as a consequence of work performed in the orchard by the City, its contractors and/or employees, this additional scope of work will be negotiated with the Contractor and, if approved, will be paid to the Contractor by the City.

2. TREE PRUNING
All trimming/maintenance work shall be accordance with pruning standards as established in accordance with the standard practices for the fruit tree variety.

The specific techniques employed shall be consistent with industry practices for the size and species of the tree being trimmed/pruned. All dead, broken, damaged, loose, diseased or insect infested limbs, branches and stubs shall be removed from the site within five (5) days.

Contractor shall consult the Director of Public Works or his/her designee before making any cuts that could result in permanent disfigurement of the structure of any tree. If Contractor is, at any time, unclear on what 120
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course of action to follow in the field, Contractor shall consult with the Director of Public Works or his/her designee.
a. Contractor shall comply with Standards of CAL-OSHA and the American National Standard Institute Safety Requirements. b. No hooks, gaffs, spurs or climbers will be used by anyone employed for such trimming. Any vine plant growing on trees shall be removed at ground level.
c. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth.
d. Contractor shall maintain at least one (1) English speaking arborist, on-site, at all times.
e. When trimming fungus, disease or fire blight infected limbs or fronds, all pruning tools shall be cleaned after each cut with alcohol or bleach. f. Topping shall not be done without prior approval of the City.

3. FERTILIZATION
The type of fertilizer, timing of fertilization, and application rates shall be consistent with the accepted standards for the varieties of fruit trees grown in the orchard and applied based on a lab analysis of soil and leaf samples taken at the appropriate time of year. Applications of fertilizer shall be applied in a manner consistent with label directions. Fertilizer must be approved by the City prior to each application. Supplemental fertilizer applications for areas showing poor growth may be requested by the City at Contractor's expense. Fertilizer shall be delivered to the site in the original unopened container bearing the manufacturer's guaranteed analysis. Any fertilizer that becomes caked or damaged, making it unsuitable for use, will not be permitted. Immediately following application at each site, the fertilizer shall be thoroughly watered into the soil. The Director of Public Works or his/her designee shall be notified one week prior to the date of the application by the Contractor.

4. WEED AND PEST CONTROL
Contractor shall conduct maintenance in accordance with the City of Cupertino's Integrated Pest Management (IPM) Program. Deviation from the IPM Program may only be permitted with prior approval of the Director of Public Works or his/her designee. Applicator shall possess a valid California Department of Pesticide Regulation (DPR) applicator's 121
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license or certificate.

A. Weeds
The Contractor shall be responsible for the control and elimination of weeds affecting trees. Weed growth must not exceed twelve (12) inches in height except for cover crops permitted to grow to its mature height. No pesticides may be used for weed control in the Orchard.

B. Deer
The Contractor is responsible for the protection of vulnerable trees from deer damage. This may be in the form of deer repellant or other methods approved by the City. Materials used for deer control must be approved by the City prior to use.

C. Gophers and Ground Squirrels
The Contractor is responsible for a consistent and humane trapping procedure.

5. TREE REMOVAL and REPLACEMENT
Specifications for Complete Tree Removal
a. Trees that are dying or otherwise in poor health and in need of replacement are to be removed and replaced after consulting with the City.
b. Trees shall be felled in a manner consistent with industry practices with the primary emphasis on the safety of the public and the protection of adjacent property. At no time shall branches, limbs or tree trunks be allowed to freefall and create damage of any type.
c. While loading and handling debris, the Contractor shall maintain control at all times so as not to result in damage to the public rights of way or private property. In addition, the Contractor shall not drop logs or trunks so as to create undue noise or impact shock disturbances or damages to public and/or private property.
d. Removal of entire tree, stump remaining shall be no higher than four (4) inches above soil grade and shall be removed within 48 hours after tree removal.
e. Work shall begin within 10 days after each request and be diligently pursued until completion.
f. Contractor shall make all arrangements necessary to have power or utility lines temporarily disconnected, if necessary, for the safe removal 122
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of the tree.
g. When the removal requires special or additional means, the Contractor shall discuss with the City and obtain authorization to proceed. h. The Contractor is responsible for the survival of trees for one year after planting. Where new trees are planted among established trees, the Contractor is to provide any necessary supplemental watering ( over and above existing programmed irrigation) by hand to specific trees.

Activating an entire station to water several plants will not be permitted. Plant material that fails within the one-year period is to be replaced promptly at the Contractor's cost. Proposals shall assume that 2 trees will be removed/planted per year at each site.

6. MINOR IRRIGATION MAINTENANCE
The Contractor will be responsible for performing minor irrigation maintenance. The Contractor will operate the irrigation as required to maintain proper tree health throughout the orchard. Watering shall be accomplished at times of the day or night to ensure the health of all trees, and so that the inconvenience to people using the area will be kept to a minimum. Any water runoff or overflow onto roadways, sidewalks, and hard surface areas shall be kept to an absolute minimum.

The Contractor will conduct a system check of the irrigation system prior to an irrigation event to ensure optimum operation and to report any repairs or concerns to the Director of Public Works or his/her designee prior to any work being done. Minor repairs such as broken drip irrigation lines and valve replacement shall be performed by the Contractor after receiving prior approval from the City. The Contractor shall be responsible for all components of the irrigation system from the riser up. The City will maintain the water main, service and valves.

TYPICAL ANNUAL MAINTENANCE SCHEDULE

1. Remove and replace 14 trees in March-April 2023
• Trees to be removed to be identified by City staff
• Replacement Species to be determined by desire and availability

2. Weed and Pest control four visits each once per quarter starting in March/April of 2023

3. Minor irrigation maintenance as required from May through September

4. Apricot pruning (180 trees; 170 at Varian; 10 at Blackberry Farm) after harvest in July or August 2023
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5. Orange pruning (158 trees at Stocklmeir) in June or July 2023

6. Fertilize all trees in March/April 2023
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EXHIBIT B

SCHEDULE OF PERFORMANCE
Contractor shall complete all work annually as specified in Exhibit A through the contract term of March 31, 2026.

This Schedule of Performance establishes the milestones for commencement and completion of the Tasks for Maintenance Services as specified in Exhibit A. <<contractor name>>
<<job name>> 1 of 1
Exhibit A-Scope of Work, Schedule & Compensation
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EXHIBIT C
COMPENSATION or RA TE SHEET

1. MAINTENANCE SERVICES BUDGET
Contractor shall complete all work specified in Exhibit A for a not to exceed amount of $65,746 annually, for a total of $197,238.
<<contractor name>>
<<job name>> 1 of 1
Exhibit A-Scope of Work, Schedule & Compensation
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EXHIBITD
Insurance Requirements
Design Professionals & Consultants Contracts
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 10 (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 basis for the benefit of City before the City's own insurance or selfinsurance 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 ofno less than $1,000,000 per occurrence for bodily injury or disease.

D 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 claim, $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.

Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts Form Updated Jan. 2022 1 127
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OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:

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 and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant's insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or 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.

Exh. D-lnsurance Requirements for Design Professionals & Consultant Contracts Form Updated Jan. 2022 2 128
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ACORD~ CERTIFICATE OF LIABILITY INSURANCE I ~

DATE (MM/DDIYYYY)
3/13/2023
~ ANDETRE-02 JYUAN
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER License# 0757776 ~2~1~cT Saengdao Vongpanya
HUB International Insurance Services Inc. Ft,8,NJo,Ext): (805) 361-1018 I FAX PO Box 3310 {A/C, No):(805) 832-6581
Santa Barbara, CA 93130-3310 ioMlJ~ss: [email protected] INSURERISl AFFORDING COVERAGE NAIC#
INSURER A: NOVA Casualtv Comoanv 42552
INSURED INSURER s: lnfinitv Select Insurance Comoanv 20260 Anderson's Tree Care Specialists, Inc. INSURER c : Benchmark Insurance Comoanv 41394 121 N. 27th Street INSURER D:

San Jose, CA 95116
INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER· REVISION NUMBER·

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. 1~: TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP IN<:n LIMITS ,.n,n A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 - □ CLAIMS-MADE [K] OCCUR DAMAGE TO RENTED X X ARBML 1000008007 4/1/2022 4/1/2023 100,000 PREMISES /Ea occurrence\ $ f-- MED EXP (Anv one oerson l $ 5,000
f-- PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Fl POLICY [K] rrc?r □ LOC PRODUCTS • COMP/OP AGG $ 2,000,000 OTHER: $
B ~TOMOBILE LIABILITY rE~~~~~~~llNGLE LIMIT $ 1,000,000 X ANY AUTO X 504610155516001 4/16/2022 4/16/2023 BODILY INJURY (Per oerson\ $ f-- OWNED - SCHEDULED f-- AUTOS ONLY f-- AUTOS BODILY INJURY (Per accidentl $ X HIRED X ~8to~1i"IJt~ ITROPERTYHAMAGE
AUTOS ONLY Per accident $ f-- -
$
A X UMBRELLA LIAS M OCCUR EACH OCCURRENCE $ 2,000,000 f-- EXCESS LIAS CLAIMS-MADE ARBUM1000016404 4/1/2022 4/1/2023 AGGREGATE $ 2,000,000 DED I X I RETENTION$ 10,000 $
C WORKERS COMPENSATION XI ~ffTuTE I I OTHAND EMPLOYERS' LIABILITY ER YIN X CST5024318 10/8/2022 10/8/2023 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE [y:] E.L. EACH ACCIDENT $ 8FFICER/MEMBER EXCLUDED? N/A Mandatory In NH) 1,000,000 E.L. DISEASE - EA EMPLOYEE $ ~m~rt~;~~ 'oWoPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Arborist Prof Liab. ARB ML 1000008007 4/1/2022 4/1/2023 Each Occurrence 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES \ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Job Ref: Consultation Contract Agreement-Pub ic Works.

The City of Cupertino, its City Council, officers, officials, employees, agents, servants, and volunteers are included as Additional Insureds under the General Liability & Auto Liability policies, additional insured coverage applies when required by written contract per the attached forms #AGL20291118, CG 20 37 04 13 & 50461AIS01.

This insurance is considered Primary and Non-Contributory under the General Liability policy per attached form #AGL20291118.

Waiver of Subrogation under the General Liability & Workers Compensation policies applies per attached forms #AGL20291118 & WC 04 03 06 {Ed. 04-84).

Per Project Aggregate applies under the General Liability policy, per the attached form #AGL03801110.

SEE ATTACHED ACORD 101

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
10300 Torre Avenue
Cupertino, CA 95014

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
I ~ © 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
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AGENCY CUSTOMER ID: ANDETRE-02 JYUAN ------------------- LO C #: _1 ______ _

ADDITIONAL REMARKS SCHEDULE
AGENCY License # 0757776
HUB International Insurance Services Inc.

POLICY NUMBER
SEE PAGE 1
CARRIER I: NAIC CODE
SEE PAGE 1 SEEP 1

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles:

Umbrella Liability is following form.

NAMED INSURED
Anderson's Tree Care Specialists, Inc.
121 N. 27th Street
San Jose, CA 95116
EFFECTIVE DATE: SEE PAGE 1
This certificate replaces and voids the certificate previously issued on 9/30/2022.

ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
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COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

GENERAL LIABILITY EXTRA ENDORSEMENT - CALIFORNIA
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended as follows:

1. EXPECTED OR INTENDED INJURY EXTENSION
Paragraph a. Expected Or Intended Injury is deleted and replaced by the following:
a. "Bodily Injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property.

2. NON-OWNED WATERCRAFT EXTENSION
Subparagraph (2) of g. Aircraft, Auto Or Watercraft is deleted and replaced by the following:
(2) A watercraft you do not own that is:
a. Less than 52 feet long; and
b. Not being used to carry persons or property for a charge; This provision applies to any person who, with your consent, either uses or is responsible for the use of a watercraft.

This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess, or contingent.

3. PROPERTY SOLD OR ABANDONED BY YOU
Subparagraph (2) of j. Damage To Property is deleted and replaced by the following:
(2) Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises, and occurred from hazards that were known by you or should have reasonably been known by you at the time the property was sold, given away or abandoned.

4. The last paragraph of 2. Exclusions is deleted and replaced by the following:

Exclusions c. through n. do not apply to damage to premises while rented to you , or temporarily occupied by you with the permission of the owner, when the damage is caused by fire, lightning, explosion, smoke or leaks from automatic fire protective systems. A separate limit of insurance applies to this coverage as described in SECTION Ill - LIMITS OF INSURANCE.

B. ADDITIONAL INSUREDS

1. SECTION II - WHO IS AN INSURED is amended to include, as an additional insured, any person(s) or organization(s) for whom a written contract or written agreement between you and such person(s) or organization(s) exists and requires such person(s) or organizations(s) to be added as an additional insured to your Policy. This additional insured status applies to liability because of "bodily injury", "property damage", or "personal and advertising injury", but shall not apply to any independent acts or omissions of such person or organization who qualifies as an additional insured. a. This endorsement applies only if the written contract or written agreement is:
(1) Currently in effect or becomes effective during the term of this Policy; and (2) Executed prior to the "bodily injury", "property damage", or "personal and advertising injury". b. The insurance afforded to such additional insured only:
(1) Applies to the extent permitted by law; and
(2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured.

2. The insurance provided to the additional insured by this endorsement applies as follows:
a. The person(s) or organization(s) is an additional insured but only for liability caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
(1) In connection with premises owned by or rented to you; or (2) In the performance of your ongoing operations.

AGL20291118 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

INSURED

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COMMERCIAL GENERAL LIABILITY
b. If the additional insured is an architect, engineer, or surveyor, this insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services including:
(1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or
(2) Supervisory, inspection, or engineering services.

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. c. If the additional insured is a lessor of equipment, this insurance only applies to liability caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such additional insured and does not apply to any "occurrence" which takes place after the equipment lease expires. d. If the additional insured is a state or governmental agency or political subdivision and has issued a permit in connection with premises you own, rent, or control, this insurance applies only with respect to the following hazards for which the state or political subdivision has issued such permit:
(1) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decoration and similar exposures; (2) The construction, erection, or removal of elevators; or (3) The ownership, maintenance, or use of any elevators covered by this insurance. e. If the additional insured is a state or governmental agency or political subdivision that has issued a permit or authorization with respect to operations performed by you or on your behalf, then this insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or "bodily injury", or "property damage" included within the "products-completed operations hazard". f. If the additional insured is a manager or lessor of insured premises, that person or organization is an additional insured but only with respect to liability caused, in whole or in part by the ownership, maintenance or use of that part of the premises leased to you.

This insurance does not apply to:
(1) Any "occurrence" that takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of insured premises.
g. If the additional insured is a grantor of a franchise, that person(s) or organization(s) is only an additional insured with respect to liability as grantor of a franchise to you. h. If the additional insured is an owner or has some other interest in land that has been leased to you, that person(s) or organization(s) is only an additional insured with respect to liability caused, in whole or in part by the ownership, maintenance or use of that part of the land leased to you.

This insurance does not apply to:
(1) Any "occurrence" that takes place after you cease to lease that land; (2) Structural alterations, new construction or demolition operations performed by or on behalf of the owner or other interest from whom land has been leased. i. If the additional insured is a mortgagee, assignee, or receiver, that person(s) or organization(s) is only an additional insured with respect to liability caused, in whole or in part, by the ownership, maintenance or use of the premises by you.

This insurance does not apply to structural alterations, new construction or demolition operations performed by or for that mortgagee, assignee, or receiver. j. If the additional insured has a controlling interest, that person(s) or organization(s) is an additional insured but only for liability caused, in whole or in part, by:
(1) Their financial control of you; or
(2) Premises they own, maintain or control while you lease or occupy those premises.

This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that controlling interest.
k. If the additional insured is a vendor, that person(s) or organization(s) is only an additional insured with respect to "bodily injury" or "property damage" caused, in whole or in part, by "your products" which are distributed or sold in the regular course of the vendor's business, but only if this Policy provides AGL20291118 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

INSURED

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COMMERCIAL GENERAL LIABILITY
coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard".
(1) This insurance afforded to the vendor does not apply to:
(a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement;
(b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked under the instructions of the manufacturer for the sole purpose of inspection, demonstration, testing or the substitution of parts and then repackaged in the original container;
(e) Any failure by the vendor to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of "your products"; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of "your products"; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(i) The exceptions contained in subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of "your products".
(2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products.

3. With respect to the insurance afforded to an additional insured as provided in Paragraphs B.1. and B.2. above, the most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the contract or agreement; or
b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.

With respect to the insurance afforded to an additional insured as provided in paragraphs B.1. and B.2. above, this insurance shall not increase the applicable Limits of Insurance shown in the Declarations.

If an Additional Insured endorsement is attached to this Policy that specifically names a person or organization as an insured, then the above Paragraph B. ADDITIONAL INSUREDS does not apply to such person(s) or organization(s).

4. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance, is amended to include:

As respects the coverage provided by this endorsement, regardless of whether other insurance is available to an additional insured on a primary basis, this insurance will be primary and noncontributory if the written contract or written agreement between you and the additional insured specifically requires that this insurance be primary and noncontributory.

C. SECTION II - WHO IS AN INSURED is amended as follows:

BROADENED NAMED INSURED
Paragraph 3. is deleted and replaced by the following:

3. Any business entity organized under the laws of the United States of America (including any state thereof, its territories or possessions), or Canada (including any province thereof) will qualify as a Named Insured if there is no similar insurance available to that business entity, provided that one or more Named Insureds shown in the Declarations have, at the inception of the policy period, an ownership interest in such business entity of more than 50%. However, if a Named Insured has an ownership interest in a business entity of more than 50%, the business entity will not be a Named Insured if such business entity is an AGL20291118 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

INSURED

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COMMERCIAL GENERAL LIABILITY
insured under any other liability policy or would be an insured under such policy but for its termination or the exhaustion of its Limit of Insurance.

D. Paragraph 6. of SECTION Ill - LIMITS OF INSURANCE is deleted and replaced by the following:

6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under SECTION I - COVERAGES, COVERAGE A for damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, when the damage is caused by fire, lightning, explosion, smoke, or leaks from automatic fire protective systems.

E. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows:

1. KNOWLEDGE AND NOTICE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT The notification requirements of Paragraphs 2.a. and 2.b. Duties In The Event Of Occurrence, Offense, Claim Or Suit apply only when the "occurrence", offense, claim or "suit" is known to:
a. You, if you are an individual;
b. A partner or member if you are a partnership or joint venture; c. An officer or director if you are an entity other than a partnership, joint venture or limited liability company;
d. A member or manager if you are a limited liability company; or e. An insurance manager, risk manager or other "employee" you designate prior to loss to give notice to us.

Knowledge of an "occurrence", offense, claim, or "suit" by your agent, servant or "employee" shall not in and of itself constitute knowledge by you unless an individual in one of the positions listed above has actual knowledge.

2. FAILURE TO DISCLOSE HAZARDS
The following is added to Paragraph 6. Representations:

If you unintentionally failed to disclose all hazards or prior "occurrences" existing at the inception of this Policy, but reported such error or omission to us as soon as practicable after discovery, then we will not deny coverage under this Coverage Part because of such failure.

This provision does not affect our right to collect any additional premium or exercise our right of cancellation or non-renewal.

3. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to Paragraph 8. Transfer Of Rights of Recovery Against Others To Us:

We waive any right of recovery we may have against any person or organization when such waiver is required by a written contract that you have agreed to prior to any "occurrence", "suit" or the offense which caused the "bodily injury", "property damage" or "personal and advertising injury", provided that the "occurrence", "suit" or the offense which caused the "bodily injury", "property damage" or "personal and advertising injury" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract.

F. SECTION V- DEFINITIONS is amended as follows:

1. BODILY INJURY
The definition of "bodily injury" in Paragraph 3. is deleted and replaced by the following:
"Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time.

2. PERSONAL AND ADVERTISING INJURY
The definition of "personal and advertising injury" in Paragraph 14.b. is deleted and replaced by the following:

Abuse of process; and malicious prosecution;
All other terms and conditions of the policy remain unchanged.

AGL20291118 Includes copyrighted material of Insurance Services Office, Inc., with its permission .

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POLICY NUMBER:ARB-ML- 1 0 0 0 0 0 8 0 - 07 COMMERCIAL GENERAL LIABILITY CG 20 370413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following :

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Narre Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Ooerations Blanket as required by
written contract.

Information reauired 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" or
"property damage" caused, in whole or in part, by
''your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".

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 is added to
Section Ill - Units 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.

CG 20 370413 © Insurance Services Office, Inc., 2012 Page 1 of 1

INSURED
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Customer Service: (800) 722-3391
Infinity Commercial Auto
11700 Great Oaks Way, Suite 450
Alpharetta, GA 30022
Underwritten by: Infinity Select Insurance Company
Claims Service: (800) 334-1661

ADDITIONAL NAMED INSURED ENDORSEMENT
I copy To Policy ID Number I Expiration Date
504-61015-5516-001 I 04/16/2023 12:01 a.m.

Andersons Tree Care Specialists Inc Named Insured 121 N 27th St San Jose, CA 95116-1119 Andersons Tree Care Specialists Irie This endorsement is attached to and forms a part of the listed policy. No changes will be effective prior to the time changes are requested.

Additional Insured
City of Cupertino, its City Council, boa
Part A - Liability Coverage, is changed as follows:

The definition of insured is changed to include the additional insured named above. Adding an insured will not increase the limit of our liability. The insurance provided by this endorsement will be excess over any other valid and collectible insurance.

All other parts of this Policy remain unchanged.

INSURED COPY AMEND DATE: 04/16/2022
50461AIS01 ENDORSEMENT: 2-1
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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA WC 0403 06
(Ed. 04-84)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration.

Schedule
Person or Organization Job Description
Any person or organization as required by written contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated . (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date: 10/08/2022
Policy Effective Dates: 10/08/2022 - 10/08/2023
Insured: Anderson's Tree Care Specialists, Inc.

Policy No.: CST5024318
Carrier Name/ Code: Benchmark Insurance Company A
WC 04 03 06 Countersigned by
(Ed. 04-84)
© Copyright 1984 National Council on Compensation Insurance, Inc.

Endorsement No.

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COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED CONSTRUCTION PROJECT(S) AGGREGATE

LIMIT AND TOTAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
The following is added to the Limits of Insurance shown in the Declarations:

Designated Construction Project Aggregate Limit
(Other Than Products-Completed Operations)
Total Aggregate Limit
(Other Than Products-Completed Operations)
$1,000,000
$5,000,000
Desi!'.lnated Construction Proiect(s): PER SCHED. ON FILE WITH THE COMPANY (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C, which can be solely attributed to operations at a single designated construction project shown in the Schedule above:

1. The Designated Construction Project Aggregate Limit as shown in the above Schedule is the most we will pay for each construction project designated in the Schedule above.

2. The Designated Construction Project Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought;
c. Persons or organizations making claims or bringing "suits"; or d. Designated construction projects shown in the Schedule above.

3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project Aggregate Limit for that designated construction project. The Designated Construction Project Aggregate is subject to the Total Aggregate. However, such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce the Designated Construction Project Aggregate Limit for any other designated construction project shown in the Schedule above.

4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project Aggregate Limit.

AGL03801110 Includes copyright material of Insurance Services Office, Inc. with its permission.

INSURED

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COMMERCIAL GENERAL LIABILITY
B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C, which cannot be solely attributed to operations at a single designated construction project shown in the Schedule above:

1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the ProductsCompleted Operations Aggregate Limit, whichever is applicable; and

2. Such payments shall not reduce any Designated Construction Project Aggregate Limit.

C. The Total Aggregate Limit shown in the Schedule above is the most we will pay for all payments made under the Designated Project Aggregate Limit for all designated projects and all payments made under the General Aggregate. This includes:

1. Damages under COVERAGE A except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard";

2. Damages under COVERAGE B; and

3. Medical Expenses under COVERAGE C.

D. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "productscompleted operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and will not reduce the General Aggregate Limit or the Designated Construction Project Aggregate Limit.

E. Any payments made for damages because of "personal and advertising injury" sustained by any one person or organization under COVERAGE B, remain subject to the Personal And Advertising Injury Limit and do not apply to the Designated Construction Project Aggregate Limit. Such payments shall reduce the General Aggregate Limit and the Total Aggregate Limit.

F. Any payments made for damages or medical expenses to which the Designated Construction Project Aggregate Limit applies shall reduce both the Total Aggregate Limit shown in the Schedule above and the Designated Construction Project Aggregate Limit for that designated construction project.

Such payments shall not reduce the General Aggregate Limit nor shall they reduce the Designated Construction Project Aggregate Limit for any other designated construction project shown in the Schedule above, subject to the Total Aggregate.

G. Any payments made for damages or medical expenses to which the General Aggregate Limit applies shall reduce both the Total Aggregate Limit shown in the Schedule above and the General Aggregate Limit shown in the Declarations. Such payments shall not reduce the Designated Construction Project Aggregate Limit for any designated construction project shown in the Schedule above.

H. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project.

I. The provisions of SECTION Ill - LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated.

All other terms and conditions of the policy remain unchanged.

AGL03801110 Includes copyright material of Insurance Services Office, Inc. with its permission.

INSURED

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Anderson's Tree Care for Orchard Maintenance
Final Audit Report
Created:

By:

Status:

Transaction ID:
2023-03-13
City of Cupertino ([email protected])
Signed
CBJCHBCAABAAMe2rxosozSThfMzutJuhv803g_ 121A Y s
2023-03-13
"Anderson's Tree Care for Orchard Maintenance" History
fl Document created by City of Cupertino ([email protected]) 2023-03-13- 4:52:42 PM GMT- IP address: 35.229.54.2
g Document emailed to Julia Kinst [email protected]) for approval 2023-03-13 - 4:54:48 PM GMT
0'0 Document approved by Julia Kinst [email protected]) Approval Date: 2023-03-13 -4:56:07 PM GMT - Time Source: server- IP address: 24.237.36.180 g Document emailed to Doug Anderson ([email protected]) for signature 2023-03-13 - 4:56:08 PM GMT
J,.\ Document shared with Jimmy Tan, [email protected]) by City of Cupertino ([email protected])
2023-03-13- 4:58:08 PM GMT- IP address: 24.237.36.180
J,.\ Document shared with Kimberly Lunt ([email protected]) by City of Cupertino ([email protected]) 2023-03-13 - 4:58:09 PM GMT- IP address: 24.237.36.180
fl Email viewed by Doug Anderson ([email protected]) 2023-03-13 - 7:38:25 PM GMT- IP address: 96.82.97.182
&0 Document e-signed by Doug Anderson ([email protected]) Signature Date: 2023-03-13 - 7:38:43 PM GMT - Time Source: server- IP address: 96.82.97.182 0 Agreement completed.
2023-03-13- 7:38:43 PM GMT
I Poweredby
Adobe
<:vr<IITINo Acrobat Sign
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Attachment B
RESOLUTION NO. ________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AMENDING THE GENERAL FUND BUDGET FOR FISCAL YEAR 2022-2023

BY APPROPRIATING MONIES FOR THE ORCHARD MAINTENANCE

SERVICES
WHEREAS, the orderly administration of municipal government depends on a sound fiscal policy of maintaining a proper ratio of expenditures within anticipated revenues and available monies; and
WHEREAS, accomplishing City Council directives, projects, and programs and performing staff duties and responsibilities likewise depends on the monies available for that purpose; and
WHEREAS, the City Manager has determined that the balances from the funds specified in this resolution are adequate to cover the proposed amended appropriations, and therefore recommends the fund reallocations described herein.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the recommended fund allocations and ratifies the attached amended appropriations as set forth in Exhibit A.

BE IT FURTHER RESOLVED that this Resolution is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Resolution is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action to appropriate funds would have no or only a de minimis effect on the environment. The foregoing determination is made by the City Council in its independent judgment.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4
th day of April 2023, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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Exhibit A
Fund Revenue Expenditure (Use of) Fund
Balance
100 $0 $12,237.00 $12,237.00
TOTAL $0 $12,237.00 ($12,237.00)
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CITY COUNCIL STAFF REPORT

DESK ITEM
Meeting: March 21, 2023

Agenda Item #5
Subject
Consider authorizing execution of a Maintenance Services Contract for City‐owned orchards.

Recommended Action

1. Authorize the City Manager to execute the Maintenance Service Contract with Anderson Tree Care Specialists, Inc. to provide orchard maintenance services for three years, at an annual amount not‐to‐exceed $65,746, and if performance is satisfactory, allow up to two additional years of service.

2. Adopt Resolution No. 23‐xxx approving budget modification 2223‐267 increasing appropriations in the Blackberry Farm Grounds Maintenance (100‐84‐811) and Neighborhood Parks Maintenance (100‐84‐813) budgets by $8,362 and $3,875 respectively.

Background:

Staff’s responses to questions received from councilmember are shown in italics.

Q1: How many staff members the city previous use to maintain the orchards in Stocklmeir and Blackberry Farm? Will there be a staffing adjustment to remove the extra (and now vacant) staffing positions? (Chao)
The staff report states ʺCurrently, only one of the orchards near Varian Park is maintained by a contractor and the remaining two orchards at Stocklmeir and Blackberry Farm are maintained by City employees. Due to the lack of staffing resources, the City is unable to provide maintenance to a level that is satisfactory to the City. Staff is proposing to use an experienced and qualified contractor to maintain all three orchards.ʺ Staff response: There is one staff member dedicated to maintaining the orchards and surrounding grounds area at Blackberry Farm, Stocklmeir and McClellan Ranch. In addition to maintaining the orchards, staff maintains the pathways, irrigation outside of orchards, picnic rental areas, 144
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2 bocce ball court, volleyball court and general cleanup of all three sites. One staff member is unable to keep up with the workload to perform all the tasks.

There will be no staffing adjustments as staff will be dedicated to performing other duties at all three sites if the orchard maintenance services are approved.

Q2: How does the city utilize these city‐owned orchards? For educational purposes or any other purposes? How does the city utilize the fruits produced? (Chao) Staff response: As a nod to Cupertino’s agricultural history, Phase 1 of the Stevens Creek Corridor Park and Restoration Project included planting small plum and apricot orchards at Blackberry Farm and revitalizing the orange orchard at Stocklmeir. Annually, the City partners with Village Harvest, and picks and donates the Stocklmeir oranges to organizations such West Valley Community Services and Second Harvest Food Bank. Since 2013, more than 27,000 pounds of fruit has been donated. The orchards in the Stevens Creek Corridor are also highlighted during Join‐A‐Ranger history walks.

Q3: How many acres of land in each of the three parks with orchards? (Chao) Staff response: Based on the GIS Property Information, it is as follows:

Varian Park – 280,439 SF or 6.44 acres with approximately 1.8 acres of orchard.

Blackberry Farm – 881,504 SF or 20.24 acres with approximately 0.15 acres of orchard.

Stocklmeir – 212,973 SF or 4.89 acres with approximately 1.3 acres of orchard.

Q4: How much water is estimated that these orchards consume? (Chao) Staff response: At both Varian and Blackberry Farm sites, there is no dedicated meter to monitor the water usage at the orchards. There is only one water meter at each site which meters water use for all ground irrigation, orchard and buildings (only at BBF). At Stocklmeir, there is a separate water meter for the orchard. Staff will extract the information and confirm accuracy prior to transmitting to Council at a later date.

Q5: What will be the performance assessment criteria and process before the city decides whether to renew the contract? (Chao)
Staff response: Staff will assess the Contractor based on their performance of meeting and completing the maintenance schedule noted in Exhibit A of the Agreement.

Q6: Are these fruit trees native plants? Whatʹs their impact or contribution on biodiversity? Whatʹs their role in the cityʹs Climate Action Plan 2.0? (Just curious if there is any) (Chao)
Staff response: The trees are not native plants. Having healthy fruit trees can benefit everyone. The 145
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3 trees enable people to go outside and explore while providing additional wildlife habitat which help maintain biodiversity. The orchards are unique such that fruit tree blossoms are an important source of nectar for pollinating insects including bees and butterflies. The orchards also provide habitats for birds and insects.

Having healthy trees helps ensure the sustainability of the urban forest and it removes carbon from the atmosphere to help reduce emissions in the City. While the carbon sequestration value of the trees themselves is relatively low, the orchards and surrounding properties represent an important historical naturalized resource and opportunity for environmental education. Specifically, the CAP 2.0 recognizes that adapting to a changing climate will require new opportunities for outdoor recreation and education (Action CS 2.1). In community surveys, protecting outdoor recreation and ecological resources is an important concern of Cupertino residents (CAP 2.0 pg 26).

Q7. Regarding Q6, the staff report states ʺMaintenance of these orchards is supportive of Cupertino’s Climate Action Plan 2.0, under the Working with Nature strategic pillar.

Proper orchard tree maintenance ensures the trees stay healthy and provide the best fruit production annually.ʺ (Chao)
Could you elaborate a bit more on how maintaining these fruit trees fits in the Climate Action Plan 2.0?
Staff response: As previously stated, having healthy trees helps ensure the sustainability of the urban forest and it removes carbon from the atmosphere to help reduce emissions in the City. In addition, the trees create a more biodiverse landscape, improve air quality, reduce flood risks and provide recreational benefits for the community enjoyment.

While the carbon sequestration value of the trees themselves is relatively low, the orchards and surrounding properties represent an important historical naturalized resource and opportunity for environmental education. Specifically, the CAP 2.0 recognizes that adapting to a changing climate will require new opportunities for outdoor recreation and education (Action CS 2.1). In community surveys, protecting outdoor recreation and ecological resources is an important concern of Cupertino residents (CAP 2.0 pg 26).

Q8. Please will someone show which contract services amounts and contingencies have already been used for these orchard locations? BBF, for instance, has contract services and contingencies listed. It should be easy to determine that an increase in appropriation is necessary, but this request does not tie in with the approved Budget. (Moore) Staff response: The BBF Ground Maintenance Budget does not include contract services for orchard maintenance. At this moment, the contingency amount in the budget is available.

The Neighborhood Parks Budget does include contract services for orchard maintenance to maintain the Varian Park orchard. At this moment, the contingency amount in the budget is available.
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4 Have the past years’ Special Projects for BBF all been spent? We received an update on their progress fairly recently.

Staff response: In regard to the FY2022‐23 Special Project budget, a portion of the budget has been spent to complete the Blackberry Farm Pedestrian Bridge Decking Replacement Project. Out of the $30,000 approved budget, the City used $17,900.

Because the Budget allows for movement within the Department, I do not think an increase in appropriation is needed, especially when every part of the departmental budget has a contingency to draw on. When an item is this small, $12,000, it becomes a political issue to spend the time sorting it out.

Lastly, with regards to the purchasing policy total of $175,000 requiring a contract to come to Council, is that the contract total regardless of time frame or is that a one year total?
Staff response: Approval authority is based on contract total amount regardless of time frame.

I think the questions are really, what requirement made it so that this item has to come to Council? Was it the contract total? What document demonstrates that? If the appropriations for the entire department have changed, that should be reflected, if not, given the flexibility within each Budget unit for movement, it would need to be proven that BBF, for example, has used up all of their funding to ask for more, care of the trees is already in the Budget, and it is not broken out as a separate item. The department is free to backfill funding as needed from within that department. The Budget does not appear to be so tightly controlled that this agenda budget request is needed, in my view. I hope this makes sense.

See PDF 53 for BBF (for example):
https://www.cupertino.org/home/showpublisheddocument/31749/637970448232770000 Staff response: This item is being brought to Council because the contract total amount requires Council approval. The additional appropriation is being requested as the existing program budget for BBF Ground Maintenance does not include budget appropriations to maintain the orchards at Blackberry Farm and Stocklmeir.
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CITY OF CUPERTINO
Agenda Item
22-11701 Agenda Date: 4/4/2023
Agenda #: 6.

Subject: Consider approval of the March 21 City Council minutes Approve the March 21 City Council minutes
CITY OF CUPERTINO Page 1 of 1 Printed on 3/29/2023
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Tuesday, March 21, 2023

SPECIAL MEETING
At 5:30 p.m., Mayor Hung Wei called the Special City Council Meeting to order in the City Hall Conference Room C, 10300 Torre Avenue.

ROLL CALL

Present: Mayor Hung Wei, Vice Mayor Sheila Mohan, and Councilmembers Liang Chao, J.R.

Fruen and Kitty Moore. Absent: none.

CLOSED SESSION

1. Subject: Liability Claim (Government Code § 54956.95) Claimant: Gulu Sakhrani
Agency claimed against: City of Cupertino
Council met with legal counsel on Liability Claim (Government Code § 54956.95); Claimant: Gulu Sakhrani; Agency claimed against: City of Cupertino There was no reportable action.

2. Subject: Conference with legal counsel - existing litigation pursuant to Government Code § 54956.9 (two cases)
a. California Housing Defense Fund et al. v. City of Cupertino, Santa Clara County Superior Court Case No. 23CV4108
b. League of Women Voters of Cupertino-Sunnyvale v. City of Cupertino et. al., N.D.

Cal. Case No. 4:22-cv-04189
Council met with legal counsel on existing litigation pursuant to Government Code § 54956.9 (two cases)
a. California Housing Defense Fund et al. v. City of Cupertino, Santa Clara County Superior Court Case No. 23CV4108
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b. League of Women Voters of Cupertino-Sunnyvale v. City of Cupertino et. al., N.D. Cal. Case No. 4:22-cv-04189
There was no reportable action.

ADJOURNMENT
At 6:40 p.m., Mayor Wei adjourned the Special City Council Meeting.

REGULAR MEETING
At 6:48 p.m., Mayor Wei called the Regular City Council Meeting to order and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.

ROLL CALL

Present: Mayor Hung Wei, Vice Mayor Sheila Mohan, and Councilmembers Liang Chao, J.R.

Fruen and Kitty Moore. Absent: none.

CLOSED SESSION REPORT
City Attorney Chris Jensen conducted the open session report regarding the Special Meeting Closed Session held at 5:30 p.m. City Attorney Jensen reported that there was no reportable action.

Mayor Wei recognized and honored March as American Red Cross Month, and thanked the many volunteers and donors who help those in need.

Mayor Wei held a moment of silence in memory of Fremont Union High School District Board Member and former Lynbrook science teacher Roy Rocklin.

CEREMONIAL ITEMS – None
POSTPONEMENTS AND ORDERS OF THE DAY – None

ORAL COMMUNICATIONS
Jennifer Griffin supported starting work to restore the Stocklmeir House and preserving City history.
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Brooke Ezzat was concerned about the removal of Planning Commissioner R Wang and disruptive behavior by the people that participated in the Council meeting.

Lisa Warren was concerned about a map for Main Street as a basis for a consultant report and supported the opening of Regnart Creek Trail and a definition for “undue influence.” (Submitted written comments).

San R was concerned about traffic conditions on McClellan Road and current CIP (Capital Improvement Projects) projects for bike-ped and roads and supported modifications.

Peggy Griffin was concerned about City income tax payments from CDTFA (California Department of Tax and Fee Administration) and lighting for the existing sign at Public Storage. (Submitted written comments).

Peter Morris (on behalf of Jane Huang) was concerned about existing litigation related to a playhouse structure that was removed in their backyard and requested resolution for the costs.

Huang Family had concerns about a legal matter regarding an illegal play structure in their backyard and supported working with the City for reimbursement of legal and material costs.

Housing Commissioner Tessa Parish (representing self) was concerned about disruptive behavior from the audience in the last City Council meeting and requested order in the future.

Moore and Chao added a future agenda item to discuss a policy for admonition and censorship for commissioners.

CONSENT CALENDAR (Items 1-6)
Mayor Wei opened the public comment period and, seeing no one, closed the public comment period.

Fruen moved and Mohan seconded to approve the items on the Consent Calendar, except for Items 3, 5, and 6 which were pulled for discussion. Ayes: Wei, Mohan, Chao, Fruen, and Moore.

Noes: None. Abstain: None. Absent: None.

Wei moved and Fruen seconded to reorder the agenda to hear Item 6 after the Consent Calendar.

The motion carried unanimously.

Items 3 and 5 were placed after the Action Calendar for consideration.

1. Subject: Consider approval of the March 1 City Council minutes and receive consultant 151
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workshop report
Recommended Action: Approve the March 1 City Council minutes and receive the consultant workshop report (Exhibit A)

2. Subject: Consider approval of the March 7 City Council minutes Recommended Action: Approve the March 7 City Council minutes Written communications for this item included an amended Attachment A - Draft Minutes page 12.

4. Subject: Receive the Budget Process Review Final Report Recommended Action: Receive the Budget Process Review Final Report

ITEMS REMOVED FROM THE CONSENT CALENDAR
As noted under Consent Calendar, the following item was heard before Public Hearings.

6. Subject: Consider authorizing execution of an On-Call Tree Maintenance Services Contract with West Coast Arborists, Inc.

Recommended Action: Authorize the City Manager to execute an On-Call Maintenance Service Contract with West Coast Arborists, Inc. for three years, at an annual amount not-to-exceed $200,000 per year, for a total of $600,000 and if performance is satisfactory, allow up to two additional years of service.

This item was pulled from the Consent Calendar for discussion.

Written communications for this item included desk items Attachment B - Tree Maintenance RFP 2022 and staff responses to councilmember questions.

Assistant Director of Public Works Jimmy Tan reviewed the staff report.

Councilmembers asked questions and made comments.

Mayor Wei opened the public comment period and the following people spoke.

Jennifer Griffin recommended West Coast Arborists.

Lisa Warren was concerned about the health and maintenance of City trees.

San R was concerned about the contract amount and terms of service. 152
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