PROFESSIONAL/ CONSULTING SERVICES AGREEMENT
1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (“ City”), and Quartic Solutions LLC (“Contractor”), for GIS Support Services, 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 June 30, 2022 (“ Contract Time”), unless terminated earlier as provided herein. Contractor’ s Services shall begin on the effective date and shall be completed by June 30, 2022. 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 60,000.00 (“ Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’ s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City.
4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty ( 30) days of completion of Services, Contractor must submit a requisition forfinal and complete payment of costs and pending Quartic for GIS Support Services
claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under theAgreement.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City.
5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/ or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code.
5.4 Subcontractors. Only Contractor’ s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor.
5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’ s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. 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 remint 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.
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.
Quartic for GIS Support Services
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.
7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “ works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights.
Contractor may use copies of the Work Product for promotion only with City’s written approval.
7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.
7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub- contractors prepared or created under this Agreement, to execute or implement any of the following:
a) The original Services for which Contractor was hired; b) Completion of the original Services by others;
c) Subsequent additions to the original Services; and/or d) Other City projects.
7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original.
8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’ s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four ( 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 Quartic for GIS Support Services
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 acti on, 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 theServices; c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; d) Unauthorized use or disclosure of City’ s confidential and proprietary Information; e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. 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 Quartic for GIS Support Services
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, 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.
Quartic for GIS Support Services
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
CityProject Manager. The Cityassigns Teri Gerhardt 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 Timo Luostarinen 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 of ten percent ( 10%) of the total time expended to date in the performance of the Services.
16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product.
17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of Quartic for GIS Support Services
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.
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 Quartic for GIS Support Services
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: Teri Gerhardt
Email: [email protected]
To Contractor:
Quartic Solutions LLC
1804 Garnet Ave. #447
San Diego, CA 92109
Attention: Timo Luostarinen
Email: timo@quarticsolutions. com
27. EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO CONTRACTOR
A Municipal Corporation
By By
Name Name
Title Title
Date Date
Ms Jodi Luostarinen
CEO
Nov 29, 2021
Ms Jodi Luostarinen
Nov 30, 2021
CTO
Bill Mitchell
Quartic for GIS Support Services
APPROVED AS TO FORM:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
Christopher D. Jensen
Nov 30, 2021
Scope of Services
Services provided by Quartic staff will include support and maintenance of the City’ s existing GIS system and special projects relating to the development of the City’ s GIS program.
Summary Description of the task(s) to be performed:
GIS Technical Support and Maintenance include ArcGIS Enterprise Administration in the on premise and cloud environments
Cityworks Administration and support
Batch job creation and maintenance related to GIS
Assist City Staff with GIS tasks
Basic GIS Application Support for existing applications
EXHIBIT A
EXHIBIT B
Contractor schedule of Performance will vary depending on services requested by GIS.
Budget not to exceed 60,000.
EXHIBIT C
2022 – Rate Sheet
Job Title Hourly Rate
GIS Technician $ 70
GIS Analyst $ 95
Senior GIS Analyst $ 115
GIS Application Architect $ 185
Project Manager $ 150
Business Analyst $ 110
Listed rates are valid until 12/ 31/ 2022. Each calendar year the rates will be increased by 5% on January 1 of subsequent each year.
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Updated Sept. 2019
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 toCity.
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 isgreater. b. Additional Insured coverage under Consultant's policy shall be " primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 01 (04/13).
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or selfinsurance shall be called upon to protect City as a namedinsured.
2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’ s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury ordisease.
Not required. Consultant has provided written verification of noemployees.
4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’ s profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a claims made form:
a. The Retroactive Date must be shown and must be before the Effective Date of theContract. b. Insurance must be maintained for at least five (5) years after completion of theServices. 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 theServices.
EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Form Updated Sept. 2019
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
IfConsultant maintains broader coverage and/or higher limits than the minimums shown above, Cityshall 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. 11/ 15/ 2021
Alvarado Pacific Insurance Services, Inc.
7777 Alvarado Rd. # 605
La Mesa CA 91942- 8282
Sharron Lipscomb
619) 668- 4615 ( 619) 469- 1569
slipscomb@alvaradopacific. com
Quartic Solutions, LLC
1804 Garnet Ave # 447
San Diego CA 92109
Lloyds of London / CFC Underwriters
CL2121828300
A
X
x
x Deductible Per Claim
X
x Pollution Liab $ 6M
X Y ESJ057470790 1/ 9/ 2021 1/ 9/ 2022
1, 000 Deductible
6, 000, 000
250, 000
10, 000
6, 000, 000
7, 000, 000
6, 000, 000
Employee Benefits 6, 000, 000
A
x x
ESJ057470790 1/ 9/ 2021 1/ 9/ 2022
6, 000, 000
A Professional Liability* ESJ057470790 / $ 2500 ded 1/ 9/ 2021 1/ 9/ 2022 Per Claim/Aggregate $ 2M / $ 4M Cyber Liability* ESJ057470790 / $ 2500 ded 1/ 9/ 2021 1/ 9/ 2022 Per Claim / Aggregate $ 2, 000, 000 The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are named as Additional Insured with primary wording, as respects general liability. Waiver of subrogation applies. * Retro date for professional / cyber liability is 1/ 09/ 2015 The City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Sharron Lipscomb/ SLL
The ACORD name and logo are registered marks of ACORD
CERTIFICATE HOLDER
1988- 2014 ACORD CORPORATION. All rights reserved.
ACORD 25 ( 2014/ 01)
AUTHORIZED REPRESENTATIVE
CANCELLATION
DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE
POLICY LOCJECTPROGEN' L AGGREGATE LIMIT APPLIES PER:
OCCURCLAIMS- MADE
COMMERCIAL GENERAL LIABILITY
PREMISES ( Ea occurrence)$
DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP ( Any one person)$
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/ OP AGG $
RETENTIONDED
CLAIMS- MADE
OCCUR
AGGREGATE $
EACH OCCURRENCE $ UMBRELLA LIAB
EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
INSRLTR TYPE OF INSURANCE POLICY NUMBER
POLICY EFF(
MM/DD/YYYY)
POLICY EXP(
MM/DD/YYYY) LIMITS
PER
STATUTE
OTHER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
ANY PROPRIETOR/ PARTNER/ EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
Mandatory in NH)
OFFICER/ MEMBER EXCLUDED?
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
HIRED AUTOS
NON- OWNED
AUTOS AUTOS
AUTOS
COMBINED SINGLE LIMIT
BODILY INJURY ( Per person)
BODILY INJURY ( Per accident)
PROPERTY DAMAGE $
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSD
ADDL
WVD
SUBR
N / A
Ea accident)
Per accident)
OTHER:
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
INSURED
PHONE(
A/C, No, Ext):
PRODUCER
ADDRESS:
E-MAIL
FAX
A/C, No):
CONTACTNAME:
NAIC #
INSURER A :
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
INSURER( S) AFFORDING COVERAGE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INS025 (201401)
Cyber Liability
2,000,000 2,500
Pollution Liability POLUT
6,000,000 500
Errors & Omissions ERROM
2,000,000 2,500
Privacy Breach Notification
1,000,000 2,500
Privacy Liability
2,000,000 2,500
ADDITIONAL COVERAGES
Ref # Description Coverage Code DateForm No. Edition
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc.
11/ 15/ 2021
Alvarado Pacific Insurance Services, Inc.
7777 Alvarado Rd. # 605
La Mesa CA 91942- 8282
Jessica Erickson
619) 668- 4600 ( 619) 469- 1569
Quartic Solutions, LLC
1804 Garnet Ave # 447
San Diego CA 92109
Travelers Casualty Insurance Co of America 19046
Travelers Prop Casualty Of Am 25674
CL2171429455
A
Ded. $ 1,000
Y Y BA1R339987 07/ 15/ 2021 07/ 15/ 2022
1,000, 000
Medical Expense 5,000
B N UB- 4R854874- 20 08/ 01/ 2021 08/ 01/ 2022
1,000, 000
1,000, 000
1,000, 000
Evidence of Insurance * Certificate holder is named as additional insured as required by written contract * Waiver of Subrogation applies as required by written contract *
The City of Cupertino
10300 Torre Ave
Cupertino CA 95014
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER( S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
A/C, No):
FAX
E- MAILADDRESS:
PRODUCER
A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
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).
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.
OTHER:
Per accident)
Ea accident)
N / A
SUBR
WVD
ADDL
INSD
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.
PROPERTY DAMAGE
BODILY INJURY ( Per accident)
BODILY INJURY ( Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON- OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/ PARTNER/ EXECUTIVE
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
STATUTEPER EROTHMM/DD/YYYY) LIMITS(
POLICY EXP(
MM/DD/YYYY) NUMBERTYPE EFFPOLICYPOLICY INSURANCELTRINSR OF DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $ EACH OCCURRENCE
AGGREGATE
OCCUR
CLAIMS- MADE
DED RETENTION $
PRODUCTS - COMP/ OP AGG
GENERAL AGGREGATE
PERSONAL & ADV INJURY
MED EXP ( Any one person)
EACH OCCURRENCE
DAMAGE TO RENTED $
PREMISES ( Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS- MADE OCCUR
GEN' L AGGREGATE LIMIT APPLIES PER:
POLICY
PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE ( MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
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2015 The Travelers JU[ Y!/! cZ! 1© Indemnity Company. All rights reserved.
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Quartic Solutions for GIS Support Services
Final Audit Report 2021- 11-30
Created: 2021- 11-24
By: City of Cupertino ( webmaster@cupertino. org)
Status: Signed
Transaction ID: CBJCHBCAABAA3TXSrY1qkClqIc7L7ZUePI6a1Pes918P Quartic Solutions for GIS Support Services" History
Document created by City of Cupertino ([email protected]) 2021- 11- 24 - 7:23:27 PM GMT- IP address: 35.229. 54.2 Document emailed to Araceli Alejandre ([email protected]) for approval 2021- 11- 24 - 7:26:32 PM GMT
Document approved by Araceli Alejandre ( aracelia@cupertino. org) Approval Date: 2021- 11-29 - 3:47:32 PM GMT - Time Source: server- IP address: 73.170. 27.253 Document emailed to Ms Jodi Luostarinen ([email protected]) for signature 2021- 11- 29 - 3:47:34 PM GMT
Email viewed by Ms Jodi Luostarinen ([email protected]) 2021- 11- 29 - 9:34:42 PM GMT- IP address: 74.125. 209. 32 Document e-signed by Ms Jodi Luostarinen ([email protected]) Signature Date: 2021- 11-29 - 9:35:27 PM GMT - Time Source: server- IP address: 76.88.32.152 Document emailed to Christopher D. Jensen ([email protected]) for signature 2021- 11- 29 - 9:35:29 PM GMT
Email viewed by Christopher D. Jensen ([email protected]) 2021- 11- 29 - 9:43:20 PM GMT- IP address: 104. 47.73.126 Document e-signed by Christopher D. Jensen ( christopherj@cupertino. org) Signature Date: 2021- 11-29 - 9:43:50 PM GMT - Time Source: server- IP address: 136. 24.42.212 Document emailed to Bill Mitchell ([email protected]) for signature 2021- 11- 29 - 9:43:52 PM GMT
Email viewed by Bill Mitchell ([email protected])
2021- 11- 30 - 4:05:39 PM GMT- IP address: 104. 47.74.126 Document e-signed by Bill Mitchell ( billm@cupertino. org) Signature Date: 2021- 11-30 - 4:06:22 PM GMT - Time Source: server- IP address: 73.63.186. 99 Document emailed to Kirsten Squarcia ([email protected]) for signature 2021- 11- 30 - 4:06:24 PM GMT
Email viewed by Kirsten Squarcia ([email protected]) 2021- 11- 30 - 4:09:55 PM GMT- IP address: 162. 245. 20.145 Document e-signed by Kirsten Squarcia ([email protected]) Signature Date: 2021- 11-30 - 4:10:08 PM GMT - Time Source: server- IP address: 162. 245. 20.145 Agreement completed.
2021- 11- 30 - 4:10:08 PM GMT
Quartic Solutions LLC Accounts Payable for GIS (Excludes Other Support Payments) Calendar Year CC Resolution Amount
9 09-143 $ 1,015
10 10-074 $ 9,000
10 10-002 $ 11,970
12 12-074 $ 1,260
13 13-003 $ 2,340
14 14-186 $ 4,320
15 15-051 $ 3,060
15 15-065 $ 37,781
16 16-086 $ 10,940
16 16-003 $ 26,600
16 16-054 $ 11,450
17 17-023 $ 4,310
17 17-032 $ 9,765
17 17-066 $ 18,535
17 17-100 $ 9,810
17 17-031 $ 5,810
17 17-078 $ 7,760
18 18-009 $ 6,210
18 18-109 $ 11,446
18 18-049 $ 12,960
18 18-074 $ 19,030
19 19-027 $ 14,890
19 19-082 $ 2,840
20 20-118 $ 1,312 $ 1,312
20 20-118 $ 23,366 $ 23,366
20 20-098 $ 7,144 $ 7,144
20 20-099 $ 13,545 $ 13,545
20 20-128 $ 7,035 $ 7,035
20 20-094 $ 8,138 $ 8,138
21 21-008 $ 420 $ 420
21 21-066 $ 25,620 $ 25,620
21 21-061 $ 7,770 $ 7,770
21 21-051 $ 7,767 $ 7,767
21 21-049 $ 6,458 $ 6,458
21 21-008 $ 420 $ 420
22 22-085 $ 7,922 $ 7,922
22 22-087 $ 4,025 $ 4,025
22 22-038 $ 4,370 $ 4,370
22 22-038 $ 3,335 $ 3,335
22 22-043 $ 2,645 $ 2,645
22 22-029 $ 15,652 $ 15,652
22 22-029 $ 3,000 $ 3,000
22 22-013 $ 6,195 $ 6,195
22 22-013 $ 880 $ 880
22 22-013 $ 16,200 $ 16,200
23 23-023 $ 11,270 $ 11,270
23 23-023 $ 11,003 $ 11,003
Total $ 438,593 $ 195,491
The following are the Accounts Payable to Quartic Solutions LLC in the City Records:
CC Resolution No. 18-074 Accounts Payable, June 8, 2018 Template name: LegislativeGeneral - Date: 8/21/2018
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CC Resolution No. 17-078 Accounts Payable, June 16, 2017 Template name: LegislativeGeneral - Date: 8/15/2017
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CC Resolution No. 12-074 Misc. Expenditures for the period ending June 15, 2012 Template name: LegislativeGeneral - Date: 7/3/2012
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CC Resolution No. 10-002 Accounts Payable, December 18, 2009 Template name: LegislativeGeneral - Date: 1/19/2010
11 ...
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CC Resolution No. 15-004 Accounts Payable January 9, 2015 Template name: Legislative
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CC Resolution No. 21-051 Accounts Payable May 11, 2020
Template name: LegislativeGeneral - Date: 6/15/2021
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CC Resolution No. 17-069 Accounts Payable May 12, 2017
Template name: LegislativeGeneral - Date: 8/1/2017
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CC Resolution No. 12-081 Misc. Expenditures for the period ending July 13, 2012 Template name: LegislativeGeneral - Date: 8/7/2012
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CC Resolution No. 18-049 Accounts Payable, April 6, 2018 Template name: LegislativeGeneral - Date: 6/5/2018
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CC Resolution No. 13-057 Accounts Payable June 7, 2013
Template name: Legislative
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CC Resolution No. 18-109 Accounts Payable, September 7, 2018 Template name: LegislativeGeneral - Date: 11/20/2018
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CC Resolution No. 16-054 Accounts Payable April 15, 2016 Template name: LegislativeGeneral - Date: 6/6/2016
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CC Resolution No. 17-031 Accounts Payable, March 3, 2017 Template name: LegislativeGeneral - Date: 4/4/2017
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CC Resolution No. 19-082 Accounts Payable, April 19, 2019 Template name: LegislativeGeneral - Date: 7/16/2019
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CC Resolution No. 16-080 Accounts Payable June 10, 2016 Template name: LegislativeGeneral - Date: 8/2/2016
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CC Resolution No. 11-028 Accounts Payable, February 11, 2011 Template name: LegislativeGeneral - Date: 3/1/2011
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CC Resolution No. 17-100 Accounts Payable, September 29, 2017 Template name: LegislativeGeneral - Date: 10/17/2017
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CC Resolution No. 13-098, Accounts Payable 11-1-2013
Template name: Legislative
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CC Resolution No. 18-009 Accounts Payable, November 22, 2017 Template name: LegislativeGeneral - Date: 2/6/2018
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CC Resolution No. 17-066 Accounts Payable April 21, 2017 Template name: LegislativeGeneral - Date: 8/1/2017
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CC Resolution No. 15-065 Accounts Payable July 2, 2015
Template name: LegislativeGeneral - Date: 8/4/2015
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CC Resolution No. 20-118 Accounts Payable July 13, 2020 Template name: LegislativeGeneral - Date: 11/2/2020
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CC Resolution No. 17-032 Accounts Payable, March 10, 2017 Template name: LegislativeGeneral - Date: 4/4/2017
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CC Resolution No. 21-049 Accounts Payable April 26, 2021 Template name: LegislativeGeneral - Date: 6/15/2021
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CC Resolution No. 16-003 Accounts Payable November 25, 2015 Template name: LegislativeGeneral - Date: 1/19/2016
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CC Resolution No. 17-023 Accounts Payable, January 20, 2017 Template name: LegislativeGeneral - Date: 3/7/2017
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CC Resolution No. 19-121 Accounts Payable July 5, 2019
Template name: LegislativeGeneral - Date: 10/1/2019
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CC Resolution No. 10-185 Accounts Payable, September 24, 2010 Template name: LegislativeGeneral - Date: 10/5/2010
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CC Resolution No. 21-008 Accounts Payable November 16, 2020 Template name: LegislativeGeneral - Date: 2/2/2021
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CC Resolution No. 16-086 Accounts Payable July 8, 2016
Template name: LegislativeGeneral - Date: 9/6/2016
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CC Resolution No. 15-002 Accounts Payable December 19, 2014 Template name: Legislative
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CC Resolution No. 14-186 Accounts Payable July 11, 2014 Template name: LegislativeGeneral - Date: 8/19/2014
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CC Resolution No. 15-051 Accounts Payable for May 22, 2015 Template name: LegislativeGeneral - Date: 6/16/2015
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CC Resolution No. 13-003 Accounts Payable, January 4, 2013 Template name: Legislative
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CC Resolution No. 19-027 Accounts Payable, December 21, 2018 Template name: LegislativeGeneral - Date: 4/2/2019
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CC Resolution No. 15-043 Accounts Payable for April 17, 2015 Template name: LegislativeGeneral - Date: 6/2/2015
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CC Resolution No. 11-108 AP June 17
Template name: LegislativeGeneral - Date: 7/5/2011
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CC Resolution No. 10-074 Accounts Payable, April 2, 2010 Template name: LegislativeGeneral - Date: 4/20/2010
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CC Resolution No. 09-143 Accounts Payable
Template name: LegislativeGeneral - Date: 9/4/2009
63 ...
92 ...
1015.38 ...
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1015.38 ...
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CC Resolution No. 14-142 Accounts Payable March 18, 2014 Template name: LegislativeGeneral - Date: 3/28/2014
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•
From: Kitty Moore
To: City Clerk
Subject: Item 5 Written Communications Purchasing Policy Cupertino.pdf Date: Wednesday, June 7, 2023 4:59:29 AM
Attachments: Purchasing Policy Cupertino.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear City Clerk,
Please add the attached Purchasing Policy and Municipal Code to Item 5 Written Communications.
Best regards,
Kitty Moore
Cupertino, CA Municipal Code
CHAPTER 3.22: PURCHASE OF SUPPLIES, MATERIALS, EQUIPMENT AND SERVICES Section
3.22.010 Purpose of chapter.
3.22.020 Definitions.
3.22.030 Purchasing Officer.
3.22.040 Purchase orders or check requests needed-Use of petty cash funds.
3.22.050 Availability of funds.
3.22.060 Purchasing requirements.
3.22.070 Exemptions.
3.22.010 Purpose of Chapter.
This chapter is enacted to set forth policy to establish efficient procedures for the purchase of supplies, materials, equipment and services at the lowest possible cost commensurate with quality needed, and to clearly define authority for the purchasing function of the City.
(Ord. 1582, § 1 (part), 1992)
3.22.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section.
1. "Bid" means any proposal submitted to the City in competitive bidding for City purchases and contracts for supplies, materials, equipment, and/or services.
2. "Lowest responsible bidder" means the lowest monetary bidder who has demonstrated the attribute of trustworthiness as well as quality, fitness, capacity and experience to satisfactorily perform the contract.
3. "Purchases." Purchases of supplies and equipment shall include leases or rentals, as well as transactions by which the City acquires ownership.
4. "Purchasing Officer" means the City Manager or any other official or officials designated in writing by the City Manager for administration of this chapter.
5. "Services" means any and all services including, but not limited to, equipment service contracts.
The term does not include services rendered by City officers or employees, or professional or other services which are by nature unique or for which the procedure for procurement is specifically provided by law.
6. "Supplies," "materials" and "equipment" means any and all articles, things or tangible personal property furnished to or to be used by the City.
(Ord. 1897, § I (part), 2002; Ord. 1582, § 1 (part), 1992)
3.22.030 Purchasing Officer.
A. The Purchasing Officer of the City is vested with the authority for the purchase of supplies, materials, equipment and services. When the provisions and intent of this chapter may be best served by so doing, the Purchasing Officer may authorize in writing any department to investigate, solicit bids or to negotiate the purchase or award of contracts for supplies, materials, equipment or services for that department, provided that such shall be done in conformity with the procedures prescribed by this chapter or by duly adopted administrative rules and regulations pertaining thereto.
B. The Purchasing Officer shall have the responsibility and authority to:
1. Purchase or contract for materials, supplies, equipment and services to be performed as may be required by any department of the City in accordance with procedures prescribed by this chapter or by such administrative rules and regulations as the Purchasing Officer may adopt pursuant thereto;
2. Prepare and adopt administrative rules and regulations not in conflict with the provisions of this chapter for the purpose of carrying out the requirements and intent of this purchasing system. (Ord. 1582, § 1 (part), 1992)
3.22.040 Purchase Orders or Check Requests Needed-Use of Petty Cash Funds.
A. Purchases of supplies, materials, equipment or services shall be made only by means of purchase orders or check requests processed and issued pursuant to this chapter. The purchase orders or check requests shall be valid only when signed by the City Manager, the Purchasing Officer or other persons as may be designated by the Purchasing Officer to act in his behalf.
B. Nothing herein shall preclude the use of authorized petty cash funds for purposes intended by their establishment. (Ord. 1582, § 1 (part), 1992)
3.22.050 Availability of Funds.
The Purchasing Officer shall not issue any purchase order or check request, or award any contract for the acquisition of supplies, materials, equipment or services, unless there exists an unencumbered appropriation in the funds as approved by City Council resolution adopting procedures for administration of the annual budget. The appropriate account and funds shall be encumbered immediately after the issuance of the purchase order or check request or award of contract. (Ord. 1582, §I (part), 1992)
3.22.060 Purchasing Requirements.
A. Open Market Purchases. The Purchasing Officer may award contracts or issue purchase orders or check requests for the acquisition of supplies, materials, equipment or services in the open market without observing the competitive bidding procedure contained in this Chapter when the dollar value will forseeably equal, or be less than, the amount for public works contracts described in section 22032(a) of the Public Contracts Code.
B. Purchases Approved by City Council-Application of Formal Competitive Bidding Procedures. In instances where the acquisition of supplies, materials, equipment or services will foreseeably result in the issuance of a purchase order, check request, or the award of a contract with a dollar value in excess of the required dollar value for public works contracts described in section 22032(b) of the Public Contracts Code, such will be authorized only by action of the City Council.
Such action shall be taken after the formal competitive bidding procedures described in this section are followed, unless pursuant to a written recommendation of the City Manager, the City Council finds that the use of the formal competitive bidding procedure is not practical due to limitations on source of supply, necessary restrictions in specifications, necessary standardization, quality considerations, or if other valid reasons for waiving the formal competitive bidding process procedures appear. Upon making such a finding, the Council may direct the Purchasing Officer to dispense with the formal competitive procedure and make the purchase on the open market or through any other procedure which meets the City's requirements.
C. Formal Competitive Bidding Procedures. The formal bidding procedures required for purchases described in Section 3.22.060B are as follows:
1. Notice Inviting Bids.
a. Notice inviting bids shall include:
i. A distinct description of the supplies, materials, equipment or services to be purchased; ii. The location where bid blanks, specifications and requests for proposals may be secured; iii. The time and place for opening bids;
iv. A statement that the City has the authority to reject any and all bids and may waive any minor technicality or variance found in a bid document.
b. The notice inviting bids shall be published at least fourteen calendar days before the date of opening of bids in a newspaper of general circulation printed or published in the City. Such notice may also be mailed to any vendor or provider which the Purchasing Officer has reason to believe may be in a position to provide the subject supplies, material, equipment or services to the City.
2. Opening of Bids. Bids shall be opened in public by the City Clerk at the time and place stated in the notice inviting bids. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than fifteen calendar days after the bid opening. Any bid which is received after the time specified in the notice shall be returned unopened.
3. Award of Contract. Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided in this chapter.
4. Award to Next Lowest Bidder-Failure to Execute Contract. The City Council may, on refusal or failure of the successful bidder to execute the contract within ten days after the date the notice of award of contract is mailed, unless the City is responsible for the delay, award it to the next lowest responsible bidder.
5. Award of Contract to the Next Lowest Bidder-Lowest Bidder Irresponsible-Notice and Hearing.
A. The City Council, in its sole discretion, may reject the lowest monetary bid for purchases of supplies, materials, equipment or services upon a specific finding that the lowest monetary bidder is not responsible. To determine responsibility, the City Council may consider, among other things, the bidder's financial responsibility, level of experience and whether the bidder has failed to complete or deliver any supplies, materials, equipment or services in other projects.
B. If the City Council rejects the lowest bid upon its determination that the lowest bidder is not responsible, the City shall:
i. Give notice of the City Council's decision to the lowest monetary bidder, setting forth the reasons why the bidder is not considered the lowest responsible bidder;
ii. Give the bidder the opportunity to ask for a pre-award hearing before the City Council on the issue; iii. If the hearing is requested, agendize the matter before the City Council, giving written notice of such hearing to all bidders;
iv. After hearing, the City Council shall make a finding, supported by the evidence on the record as to the nonresponsibility of the lowest monetary bidder.
6. Rejection of Bids-Identical Bids-Absence of Bids. The City Council, in its sole discretion, may:
a. Reject any bids presented and re-advertise for new bids; b. Reject any bid that fails to meet the requirements of the formal bidding procedure in any respect; c. If two or more bids are the same and the lowest, the City Council may accept the one it chooses; d. If no bids are received, the City Council may direct the Purchasing Officer to purchase the supplies, materials, equipment or services without further adherence to the formal bidding procedure; e. Waive any minor irregularities or variances in any bid received.
D. Informal Competitive Bidding Procedures. In instances where the purchase of supplies, materials, equipment or services will forseeably result in the issuance of a purchase order, check request or the award of a contract with a dollar value of greater than the amount for public works contracts described in section 22032(a) of the public contract code but equals, or is less than the amount for public works contracts described in section 22032(b) of the public contracts code, the Purchasing Officer may award contracts or issue purchase orders or check requests for the purchase of supplies, materials, equipment or services.
Such action shall be taken only after the informal competitive bidding procedure described in subsection E below is followed unless the City Manager finds in writing that the use of the informal competitive bidding procedure is not practical due to limitations on source of supply, necessary restrictions in specifications, necessary standardization, quality considerations, or if other valid reasons for waiving the informal competitive bidding process procedure appear. Upon making such a finding, the City Manager may direct the Purchasing Officer to dispense with the informal competitive bidding procedure and make the purchase on the open market or through any other procedure which meets the City's requirements.
E. Informal Competitive Bidding Procedure for Purchases Described in Subparagraph D. Above. i. The procedures described in subsections 3.22.060 C I a and C2-C6 of this chapter are applicable except that the duties described thereunder which are performed by the City Council are performed under these informal procedures by the Purchasing Officer. Determinations of the Purchasing Officer are subject to appeal pursuant to Chapter 1.16 of the City's ordinance code.
ii. Publication of notice inviting informal bids is not required. (Ord. 1897, § 1 (part), 2002; Ord. 1582, § 1 (part), 1992)
3.22.070 Exemptions.
Notwithstanding any provision of this chapter to the contrary, the Purchasing Officer, with the written concurrence of the City Manager, is authorized to issue a purchase order or check request, or award a contract, without adherence to the other provisions of this chapter under following instance:
A. Emergency Purchases. The immediate requirement of an item necessary for the continued operation of a department or for the preservation of life or property shall be deemed an emergency. A full report of the circumstances of emergency purchase in excess of the amount described in subsection 3.22.060B shall be filed with the City Council at its next regular meeting after the purchase was made.
B. Recurring or Essential Services. Purchase orders or check requests, including payment of claims against the City where reasonable advanced estimates of costs cannot be determined for essential services of a recurring nature.
Included, but not limited to, this authorization are such items as utility services, approved claims for liability under the City's insurance program, renewal premium for authorized insurance policies, all expenditures for the City's payroll and employee benefits and other matters involving unknown estimates of costs.
C. Purchases From Other Public Agencies. Purchases of supplies, materials, equipment or services from any other public agency created under the laws of the State of California or the United States Government are exempt from the bidding requirements of this chapter.
D. Professional Services. Professional services including, but not limited to, services of lawyers, architects, engineers, land surveyors, artists and accountants are exempt from the bidding requirements of this chapter. (Ord. 1897, § 1 (part), 2002; Ord. 1582, § 1 (part), 1992) CHAPTER 3.23: PUBLIC WORKS CONTRACT AND BIDDING PROCEDURES Section
3.23.010 Purpose.
3.23.020 Definitions.
3.23.030 Competitive bidding.
3.23.040 Notice inviting bids.
3.23.050 Presentation of bids-Security required-Subcontractor designated in bid.
3.23.060 Opening bids.
3.23.070 Award of contract.
3.23.080 Forfeiture of security.
3.23.090 Award of contract to next lowest bidder-Failure to execute contract.
3.23.100 Award of contract to next lowest bidder-Lowest bidder irresponsible-Notice and hearing.
3.23.110 Rejection of bids-Identical bids-Absence of bids.
3.23.120 Informal bidding procedure for public works projects.
3.23.130 Exempt from bidding requirements.
3.23.140 Performance bond of successful bidder.
3.23.150 Deposit of proceeds.
3.23.160 Additional work by City authority.
3.23.170 Deletions of work by City authority.
3.23.010 Purpose.
This chapter is enacted to enhance competition, to prevent corruption and undue influence in the awarding of public works contracts, and to clarify the City's competitive bidding requirements established pursuant to Part 3 of the California Public Contract Code, Sections 20100 et seq.
(Ord. 1583, § 1 (part), 1992)
3.23.020 Definitions.
As used in this chapter, the following terms, phrases, words and their derivations shall have the meanings given in this section:
1. "Bid" means any proposal submitted to the City in competitive bidding for the construction, alteration, repair or improvement of any structure, building, road or other improvement of any kind.
2. "Lowest responsible bidder" means the lowest monetary bidder who has demonstrated the attribute of trustworthiness as well as quality, fitness, capacity and experience to satisfactorily perform the public works contract sought.
3. "Public works contract" means an agreement for the erection, construction, alteration, repair or improvement of any public structure, building, road or other public improvement of any kind.
4. "Public works project" means:
a. The erection, improvement, painting or repair of public buildings and works; b. Work to protect against overflow of streams, bays, waterfronts or embankments; c. Street or sewer work except for maintenance or repair thereof; d. Furnishing supplies or materials for any such project, including the maintenance or repair of streets or sewers. (Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992)
3.23.030 Competitive Bidding.
Except as otherwise provided for in this chapter, public works projects with an estimated dollar value in excess of the required dollar value for competitive bidding established by section 22032(a) of the California Public Contracts Code, as may be amended, shall be contracted for pursuant to the procedures prescribed in this chapter. (Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992; Ord. 16- 2143, § 1, 2016)
3.23.040 Notice Inviting Bids.
The notice inviting bids shall be in the form and published as follows:
A. Notices inviting bids shall include:
1. A distinct description of the public works project to be performed;
2. The location where bid blanks and specifications may be secured;
3. The time and place for opening bids;
4. The type and amount of bidder's security required;
5. The class of license required for the public works to be performed; and
6. A statement that the City has the authority to reject any and all bids and may waive any minor technicality or variance from the bid specifications.
B. The notice inviting bids shall be:
1. Published in a newspaper of general circulation printed and published in the City at least the number of days specified in Section 22037 of the California Public Contract Code, as may be amended, before the opening of bids; and
2. Provided to all construction and trade journals specified in Section 22036 of the California Public Contract Code, or as may be amended, at least the number of days and by the methods set forth in Section 22037 of the California Public Contracts Code, as may be amended.
(Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992; Ord. 16-2143, § 2, 2016)
3.23.050 Presentation of Bids-Security Required-Subcontractor Designated in Bid.
A. All bids shall be presented under sealed cover (identified as bids on the envelope), submitted to the City Clerk and accompanied by one of the following forms of bidder's security:
1. Cash;
2. A cashier's check made payable to the City;
3. A certified check made payable to the City;
4. A bidder's bond executed by an admitted surety insurer, made payable to the City.
B. The security shall be in an amount equal to at least ten percent of the amount of the bid, or such other sum as may be authorized by the California Public Contract Code. A bid shall not be considered unless one of the forms of bidder's security is enclosed with it.
C. Upon award of the contract to the lowest responsible bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall such security be held by the City beyond ninety days from the date the notice of award of contract is mailed.
D. All bidders on a public works project must designate in their bids the name, address, the portion of the work each subcontractor will perform, and other information as required by Section 4101(a)(1) of the California Public Contract Code, as may be amended, of each subcontractor:
1. Who will perform work exceeding one-half of one percent of the prime contractor's total bid, or
2. Who meet or exceed the thresholds for specific types of work as specified in Section 4101(a)(1) of the California Public Contracts Code, as may be amended.
E. The prime contractor shall list only one subcontractor for each portion of work as is defined by the prime contractor in their bid.
(Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992; Ord. 16-2143, § 3, 2016)
3.23.060 Opening Bids.
Bids shall be opened in public at the time and place stated in the notice inviting bids. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than fifteen calendar days after the bid opening. Any bid which is received after the time specified in the notice shall be returned unopened. (Ord. 1583, § 1 (part), 1992)
3.23.070 Award of Contract.
Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided in this chapter.
(Ord. 1583, § 1 (part), 1992)
3.23.080 Forfeiture of Security.
If the successful bidder fails to execute the contract within ten days after the date the notice of award of contract is mailed, unless the City is responsible for the delay, the amount of the bidder's security shall be forfeited to the City except as provided in Section 3.23.090.
(Ord. 1583, § 1 (part), 1992)
3.23.090 Award of Contract to next Lowest Bidder-Failure to Execute Contract.
The City Council may, on refusal or failure to the successful bidder to execute the contract within ten days after the date the notice of award of contract is mailed, unless the City is responsible for the delay, award it to the next lowest responsible bidder. If the City Council awards the contract to the second lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder if cash or a check is used, or to the bidder's surety if a bond is used. (Ord. 1583, § 1 (part), 1992)
3.23.100 Award of Contract to Next Lowest Bidder-Lowest Bidder Irresponsible-Notice and Hearing.
A. The City Council, in its sole discretion, may reject the lowest bid upon specific findings that the lowest bidder is not responsible. To determine responsibility, the City Council may consider, among other things, the bidder's financial responsibility, type of license, type of equipment, number of years experience in construction work, other projects bidder worked on in the last five years, whether bidder has failed to complete any contract and bidder's ability to be bonded.
B. If the City Council rejects the lowest bid upon its determination that the lowest bidder is not responsible, the City shall do the following:
1. Give notice of the City Council's decision to the lowest bidder, setting forth the reasons why he/she is not considered the lowest "responsible" bidder;
2. In the notice, give bidder an opportunity to ask for a pre-award hearing before the City Council on the issue;
3. If hearing is requested, agenda the matter pursuant to California Government Code hearing requirements;
4. After the hearing, the City Council shall make a finding, supported by the evidence on the record, as to the nonresponsibility of the lowest bidder.
(Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992)
3.23.110 Rejection of Bids-Identical Bids-Absence of Bids.
The City Council, in its sole discretion, may:
A. Reject any bids presented and readvertise for new bids; B. Reject any bid that fails to meet the bidding requirements in any respect; C. If two or more bids are the same and the lowest, the City Council may accept the one it chooses; D. If no bids are received, the City Council may have the project done without further complying with this chapter; E. Waive minor irregularities in any bid received.
(Ord. 1583, § 1 (part), 1992)
3.23.120 Informal Bidding Procedure for Public Works Projects.
Except as otherwise required by this chapter or under state or federal law, the bidding procedures of this chapter may be dispensed with for public works projects with an estimated dollar value equal to or less than the required dollar value specified in Subdivision (b) of Section 22032 of the Public Contract Code, and the following informal bidding procedures substituted:
A. The City shall maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for compilation of the contractor list shall be determined by the California Uniform Construction Cost Accounting Commission ("Commission"). All contractors on the list for the category of work being bid and/or all construction trade journals specified by the Commission shall be mailed a notice inviting informal bids, unless the product or service is proprietary.
B. All mailing of notices to contractors and construction trade journals shall be completed not less than the number of days specified in Section 22304(c) of the California Public Contract Code, or as may be amended, before the date of opening the bids.
C. The City Council hereby delegates the authority to award contracts pursuant to informal bidding to the City Manager or other person designated in writing by the City Manager. (Ord. 1632, 1993; Ord. 1583, § 1 (part), 1992; Ord. 16- 2143, § 4, 2016)
3.23.130 Exempt from Bidding Requirements.
The following are exempt from competitive bidding requirements:
A. Professional Services. Includes, but is not restricted to, services of lawyers, architects, engineers, land surveyors, artists, and accountants;
B. Maintenance. Includes the maintenance and repair of streets and sewers, but does not include the furnishing of materials for such maintenance;
C. Emergency Work. If there is a great public calamity, such as an extraordinary fire, flood, storm, epidemic or other disaster, or if it is necessary to do emergency work to prepare for national or local defense, the City Council may pass a resolution by a four-fifths vote declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property. Upon adoption of the resolution, the City may expend any sum required in the emergency without complying with this chapter;
D. Small Contracts. Any contract for public works projects with an estimated dollar value equal to or less than the required dollar value for competitive bidding established by section 22032(a) of the California Public Contracts Code; E. Meaningless Bids. Where the nature of the subject of the contract is such that competitive proposals would not produce an advantage and when the advertisement for competitive bidding would be undesirable, impracticable or impossible;
F. Performance of Project After Rejection of Bids. After rejection of bids presented, the City Council may pass a resolution by a four-fifths vote declaring that the project can be performed more economically by day labor or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution, the City is relieved from further compliance with formal bidding requirements.
(Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992)
3.23.140 Performance Bond of Successful Bidder.
The City Manager has authority to require a performance bond before entering a contract, in such amount as the City Manager finds reasonably necessary to protect the best interests of the City or as may be required by law. If the City requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. (Ord. 1583, § 1 (part), 1992)
3.23.150 Deposit of Proceeds.
The cash or proceeds collected pursuant to this chapter shall be deposited in the fund out of which the expenses of preparation and printing of the plans and specifications, estimates of cost and publication of notice are paid. (Ord. 1583, § 1 (part), 1992)
3.23.160 Additional Work by City Authority.
Notwithstanding the provisions of this chapter, if the Director of Public Works determines that additional or extra work on any public works project is required to complete the project as originally intended, the Director of Public Works is authorized to approve contract change orders for additional or extra work on any public works contract without complying with the bidding requirements established in this chapter, provided that each individual contract change order does not exceed the required dollar value for bidding established by Section 22032 of the California Public Contract Code; and, further, that the aggregate total of all such contract change orders for any one public works project does not exceed the value of the project contingency established for the project at the time the contract is awarded. Under this same authority, the Director of Public Works is authorized to approve extensions of time to public works contracts up to a maximum of sixty calendar days.
(Ord. 1900, § 1, 2002)
3.23.170 Deletions of Work by City Authority.
The City reserves the right to delete up to twenty-five percent of the work on a public works contract where such deletions would advance the project as originally contemplated. (Ord. 1583, § 1 (part), 1992)
CITY OF CUPERTINO PURCHASING POLICY Effective September 1, 2013 Type Form Category Process Authorization
General Supplies
(Operating or maintenance
supplies and materials,
general meeting expenses,
licenses, subscriptions,
memberships, mileage
reimbursements, tools,
furniture, equipment.)
General Services
(Operating or maintenance
services, recurring
services, essential or
emergency services or
purchases from public
agencies.)
Petty Cash Voucher (up to
$75); or
Check Request; or
Partial Receipt of
Purchase Order with or
without contract
Up to $45,000 No specific requirements.
Muni Code Sec 3.22.060A
Form authorized by
designated supervisor.
Note: Services of
temporary personnel
authorized by HR Mgr.
$45,001 to
$175,000
Informal competitive
bidding process or RFP.
Code Sec 3.22.060D
Form authorized by
department head. Note:
Services of temporary
personnel authorized by
HR Mgr.
Greater than
$175,000
Formal competitive bidding
or RFP with approval from
the City Manager. Code
Sec 3.22.060B.
Form authorized by
department head.
Contract approved by City
Manager/City Council.
Utility Payments Invoices Summarized and paid by
Finance; copies sent to PW
Supervisor.
Payment authorized by
PW Supervisor (may be
after payment process).
CITY OF CUPERTINO PURCHASING POLICY Effective September 1, 2013 Type Form Category Process Authorization
Construction Contracts Contract;
Construction documents
and specifications
approved by Dir. of
Public Works or his
designee
Up to $45,000
No bidding required. Code
Sec 3.23.130D
Contract authorized by
designated supervisor
$45,001 to
$175,000
Informal competitive
bidding process. Code Sec
3.23.120
Contract authorized by
department head.
Greater than
$175,000
Formal competitive bidding
approved by Department
Head. Formal construction
documents approved by Dir.
of Public Works. Code Sec
3.23.030 through 3.23.120
Contract approved by City
Manager/City Council.
Professional Services
(including but not limited
to lawyers, architects,
engineers, land surveyors,
artists and accountants)
Petty Cash Voucher (up to
$75); or
Check Request; or
Partial Receipt of
Purchase Order with or
without contract
Up to $45,000
No bidding required. Code
Sec 3.22.070D and
3.23.130A
Form authorized by
designated supervisor.
$45,001 to
$175,000
No bidding required. Code
Sec 3.22.070D and
3.23.130A
Form authorized by
department head.
OR from another Public
Agency created under
California or US Gov’t
laws
Greater than
$175,000
No bidding required. Code
Sec 3.22.070D and
3.23.130A
Form authorized by
department head.
Contract approved by City
Manager/City Council.
Expense Reimbursements
and Advance Payment
Petty Cash Voucher (up to
$75); or
Check Request; or
Reimbursement of
Expenses
Any amount See Administrative
Procedure I-12 and
Unrepresented Employees’
Compensation Program
Policy No. 3
Form authorized by
designated supervisor.
Educational
Reimbursements
Request for Educational
Reimbursement of
Expenses
Up to $1,200 per
year
See Administrative
Procedure II-2;
Memorandum of
Understandings with CEA
and OE3
Authorized by Human
Resources and department
head.
G:\Finance\Procedures and Policies\Purchasing Policy Effective 9-1-13.docx From: Melissa Robertson
To: Melissa Robertson
Subject: FW: June 6th Item 5 Questions
Date: Monday, June 12, 2023 8:05:46 AM
Melissa Robertson
Senior Office Assistant
City Manager's Office
[email protected]
(408)777-3148
From: Teri Gerhardt <[email protected]>
Sent: Wednesday, June 7, 2023 9:20 AM
To: Hung Wei <[email protected]>; J.R. Fruen <[email protected]>; Kitty Moore <[email protected]>; Liang Chao <[email protected]>; Sheila Mohan <[email protected]>
Cc: Pamela Wu <[email protected]>; Matt Morley <[email protected]>; Bill Mitchell <[email protected]>; Christopher Jensen <[email protected]> Subject: June 6th Item 5 Questions
Dear City Council Members,
We are pleased to provide the requested responses pertaining to item 5 on the agenda for the City Council meeting scheduled for June 6th. Kindly review the information provided below.
Please provide information about how the City has been contracting with Quartic Solutions LLC. Is there a separate contract for the other support services which are not labeled GIS?
Quartic provides technical support for our entire GIS architecture, including CityWorks, Cupertino's Asset Management Application. Initially, work was simply performed under a purchase order agreement, consistent with prior legal advice. In November 2021, the City and Quartic signed the first professional services agreement contract based on advice from the City Attorney’s Office. (Note the Purchasing Policy is silent as to when professional services agreement contracts must be used for procurement of services.) What is the significance of there being a Purchase Order on the same day of the contract amendment on June 6, 2022?
It is common practice for the IT department to generate a purchase order on the same day an agreement is signed. - The remaining amount under the first agreement in addition to the amount of the 1st amendment What are the purchasing policy requirements regarding a multi-year contract and is there something which would trigger a requirement to go out to bid? In 2021, based on new advice from the City Attorney’s Office, there was a revision in IT’s understanding of purchasing policy requirements. The focus shifted from annual spending per vendor to tracking the aggregate spending across years for a particular vendor, providing a more comprehensive view of spending patterns and enhancing financial oversight. Since then, the IT Department has diligently ensured that all contracts comply with the revised interpretation. The Department has since structured and managed contracts to align with the requirement of tracking aggregate spending, promoting transparency and compliance with the updated policy.
What triggered this amendment to come to Council when over $175,000 (or $200,000) had already been spent on the GIS services years ago? Before 2021, the IT department understood, based on prior legal advice, that the purchasing policy limitations were based on annual vendor spending.
However, based on new advice from the City Attorney’s Office, there was a revision in understanding. The focus shifted to tracking the aggregate spending across years for a particular vendor, providing a more comprehensive view of spending patterns and enhancing financial oversight.
Since then, the IT department has diligently ensured that all contracts comply with the revised interpretation. The Department has since structured and managed contracts to align with the requirement of tracking aggregate spend, promoting transparency and compliance with the updated policy.
Thank you for your attention to this matter.
Sincerely,
Teri Gerhardt
Innovation Technology Manager ‑ GIS
Innovation Technology
[email protected]
(408) 777-3311
CC 06-06-2023
Item #10
Recieve the FY 2021-22
Annual Comprehensive
Financial Report (ACFR)
and related supplemental
reports
Written Communications
From: Rhoda Fry
To: City Clerk; City Council
Subject: June 6 City Council Agenda Item #10 AFCR
Date: Tuesday, June 6, 2023 2:46:32 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear City Council,
SUMMARY FOR MINUTES: Rhoda Fry requested that staff fix errors in the AFCR.
This item first showed up as an information item. It is one of the City’s most important documents and we were unable to comment on it. Now it is back on the consent calendar, where we are also unable to comment on it unless a council member removes it from consent calendar. This implies that our City’s leadership does not want this important document to be discussed and that concerns me.
The AFCR is similar to a corporation’s annual report. It is an important financial document. In order for it to be credible, it must be correct. There continue to be serious errors in this document that reduce the credibility of this document. Please direct staff to correct this document. I have already asked several times (including in the audit committee).
Please also refer to my letter from May 16 2023 below.
Regards,
Rhoda Fry
City Council May 16 Agenda #21 AFCR must be an Action Item, not Informational Item Dear City Council,
I am dismayed to see that Agenda #21 AFCR is an informational item. This item must be discussed as an action item. It is important to note that the auditor, not City staff, found three deficiencies, one of which could cause UNAUTHORIZED TRANSACTIONS.
How can we verify that there have been no unauthorized transactions? As recommended by the report, please specify what the City has done to ensure the segregation of duties as recommended in the report and that all issues raised have been resolved. Please read the letter from Crowe llp.
I attended the Audit Committee wherein an earlier version of this document had been presented. It contained information that was easily 50 years out of date. It had said that the City Council appointed the City Treasurer and to my knowledge this has not happened in fifty years. It is good to know that I was heard and this error was corrected. Does anyone actually verify these reports?
Nevertheless, other errors remain and some were discussed in the meeting. There is no mention that Target at Main Street has closed. Doppio Zero restaurant is listed as one of the successful restaurants but it closed in 2020. The document also mentions Stein Mart as one of our retailers, which also closed in 2020. Likewise, page 108 mentions Seagate as being the 8th largest employer in Cupertino – to my knowledge, Seagate moved out around 2020. I am not about to vet this entire document. What I do know is that it has errors and that worries me.
At the meeting, I also mentioned my concern about the CDTFA audit, which is lacking in this otherwise rosy report. This statement in the cover letter dated March 31, 2023 simply does not pass the straight face test: “Given these trends, the City’s sales tax revenue is projected to show a more modest increase going forward.” The report covers the time period to June 30, 2022 and at that time the CDTFA issues were known. Page 59 of the report mentions the probable reallocation of sales and use taxes – why was it omitted on the cover letter? As we know, this is a really big deal.
One of my questions at the audit committee was that the cost of Administration more than doubled from 2021 to 2022. Although the report makes some mention as to items that contributed to the increase, I would like to know how we got to double. At the meeting, Councilmember Mohan was kind enough to assure me that I would receive an answer to my question. This question remains unanswered. Note also that recreation and community services expenses quadrupled and I suppose that activities might still have been on hold in 2021.
I also asked about having greater transparency for other amenities that had enterprise funds in the past. Currently the only recreational facilities that are split out as enterprise funds are golf and sports center. Blackberry pool/picnic used to be combined with golf. But Blackberry pool/picnic never got its own fund and capital improvements there have been swallowed up under special projects, so we have no good visibility for its overall balance sheet. Similarly, the Senior Center had also operated as an enterprise fund and we have little transparency as to how much it is being subsidized. Especially now that we’re going to be tightening our financial belts, we need to have greater transparency.
Question – motor vehicle license fees increased by over 50%. Could that be that there were new vehicle purchases? If so, what happened to the old vehicles? Were they sold and where would that show up as income?
Please also take a look at the attached chart that shows City employment. Some areas have gotten quite fat over the years, especially Administration and Administrative services. This chart is worth looking at in the context of the budget.
Lastly, here’s my ask. Given that the scope of this report is quite narrow, we really need is a forensic auditor who can better organize our chart of accounts so that we have better transparency in order to make sound financial decisions.
Concerned Citizen,
Rhoda Fry
CC 06-06-2023
Item #12
Consider the
Recommended
Operating and Capital
Improvement Program
Budgets for Fiscal Year
2023-24
Written Communications
From: Jean Bedord
To: City Council; Cupertino City Manager"s Office; City Clerk Subject: Agenda Item #12: Operating Budget FY2-23-24 - DO NOT eliminate Festival Fee Waivers and Sheriff"s costs Date: Tuesday, June 6, 2023 1:46:05 PM
Attachments: image.png
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Honorable Mayor Wei, Vice Mayor Mohan, and Councilmembers Fruen, Chao and Moore, I am appalled that staff is recommending elimination of the festival fee waivers, and reducing city city support. Cupertino is known for its festivals, and should be encouraging more of them, instead of "killing" them by significantly increasing their costs. These festivals are run by volunteers, with minimal involvement by city staff. These organizations have limited fund-raising capabilities, unlike the city which has tax revenues. These festivals attract thousands of participants across the region, not just Cupertino, who then spend substantial money in Cupertino, an economic benefit to our business economy. The so-called additional Revenue from Elimination of Festival Fee Waivers for $84,218 is false economy -- the festivals will either die or move to another city, so no revenue to Cupertino. It takes years to build a following for a festival -- the Bhubaneswar Sister City producer already spoke to council about the challenges to their young organization. The Cherry Blossom Festival set to lose $43,052 was named the Best Festival in Silicon Valley - why would the city even consider "killing" it? Cupertino needs all the positive publicity it can get, so why is the city taking such a negative approach? Staff has already found additional revenue by reducing funds for the library ($160,000), prepaying CALPERS pension plan ($154,149), and an increase in SB 1 - Gas Tax ($313,218), totally an increase of $627,367 in revenue. There is NO need to eliminate the $84,218 for festival waivers in the budget. There is also the opportunity to add a contingency fund for Shakespeare in the Park, which benefits seniors to youth.
Make the wise decision to eliminate this item I.i from the budget and to restore the Festival Fee Waivers and sheriff's costs - don't be "penny-wise and pound-foolish" which kshort-changes the community. From a marketing standpoint, this is a miniscule line item.
Instead, please approve this alternative:
Approve additional appropriations of $120,710 for Festival Costs as detailed in the following table. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------- Recommended Action 1. Adopt Resolution No. 23-XXX establishing an Operating Budget of $117,645,365 for FY 2023-24, which includes the following changes to the FY 2023-24 Proposed Budget, published on May 5, 2023:
i. Approve additional estimated revenue of $84,218 resulting from the elimination of festival fee waivers as included in Attachment D.
Regards,
Jean Bedord
Cupertino resident
From: alysa sakkas
To: City Council
Subject: Agenda Item #12 -Please continue to waive fees for the Cupertino Cherry Blossom Festival Date: Tuesday, June 6, 2023 12:59:40 PM
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Dear Cupertino City Council members,
Regarding tonight's council agenda #12, the materials state:
Pg 344 Agenda item 12.
Revenue from Elimination of Festival Fee Waivers
The Parks and Recreation Department is proposing to charge fees for festival organizers, which were waived by the City in past years. By implementing this change, the Department aims to generate additional revenue of $84,218. City-paid expenses for sheriff costs and materials have also been reduced in the FY 2023-24 Proposed Budget.
I am writing to urge you to please continue the Fee Waivers for the annual Cupertino Cherry Blossom Festival.
Cupertino-Toyokawa Sister Cities, Inc. is an all-volunteer non-profit organization that works hard to nurture the City of Cupertino's sister city relationship with Toyokawa, Japan for the benefit of the City of Cupertino and community.
Besides the goal of honoring the City's sister city relationship and sharing Japanese culture with the community, the financial goal of the festival is to fundraise for the expenses associated with our student exchange program, sending CUSD-teachers as chaperones and offering scholarships to students for whom there would be a financial barrier to allow their participation.
In addition to the student exchange program, this fundraiser is used to pay for the expenses of hosting an adult exchange every five years and our annual community Bell Ringing for World Peace event. Without the waiver of fees for the festival, we may be unable to continue much of our programming. In fact, we may need to make the difficult decision to not hold the festival altogether since we may be in jeopardy of being able to cover all the expenses associated with holding a festival without the grant of the fee waiver.
Furthermore, our beloved Cupertino Cherry Blossom Festival has garnered top awards from festival goers, this year receiving the top award as "Best Festival" from: The Mercury News, Metro Magazine, and the Bay Area Parent Magazine. These accolades elevate Cupertino as a high quality festival venue and the Cupertino Cherry blossom festival as a worthwhile trip for vendors and festival goers from all over the San Francisco Bay area and even as far as the Los Angeles area.
Continuing to waive the fees for the Cupertino Cherry Blossom festival allows the CupertinoToyokawa Sister Cities Committee to support Cupertino's sister city relationship with Toyokawa, Japan.
Sincerely,
Alysa Sakkas
Cupertino-Toyokawa Sister Cities, Inc.
President
From: Lav Pachauri
To: City Council
Cc: Preeti Pachauri; alysa sakkas
Subject: Cupertino Council Meeting on June 6, 2023: Agenda Item #12 - Request to please continue to waive fees for the Cupertino Cherry Blossom Festival
Date: Tuesday, June 6, 2023 2:41:20 PM
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Dear Cupertino City Council members,
Regarding tonight's council agenda #12, I have a very sincere request for your consideration:
Pg 344 Agenda item 12.
Revenue from Elimination of Festival Fee Waivers
The Parks and Recreation Department is proposing to charge fees for festival organizers, which were waived by the City in past years. By implementing this change, the Department aims to generate additional revenue of $84,218. City-paid expenses for sheriff costs and materials have also been reduced in the FY 2023-24 Proposed Budget.
Cupertino-Toyokawa Sister Cities, Inc. is an all-volunteer non-profit organization that works hard to nurture the City of Cupertino's sister city relationship with Toyokawa, Japan for the benefit of the City of Cupertino and community.
We urge you to please continue the Fee Waivers for the annual Cupertino Cherry Blossom Festival as the imposition of the fee would render the festival unviable and lead to immeasurable losses in terms of lost opportunities for community and cultural development in our Beloved city and our sister city in Japan.
Furthermore, our beloved Cupertino Cherry Blossom Festival has garnered top awards from festival goers, this year receiving the top award as "Best Festival" from:
The Mercury News, Metro Magazine, and the Bay Area Parent Magazine.
These accolades elevate Cupertino as a high quality festival venue and the Cupertino Cherry blossom festival as a worthwhile trip for vendors and festival goers from all over the San Francisco Bay area and even as far as the Los Angeles area.
Continuing to waive the fees for the Cupertino Cherry Blossom festival allows the Cupertino-Toyokawa Sister Cities Committee to support Cupertino's sister city relationship with Toyokawa, Japan and grow young cultural ambassadors in our community.
Sincerely,
Preeti & Lav Pachauri
Long-term residents and active volunteers in this sister city organization.
From: Mahesh
To: Hung Wei; Sheila Mohan; Liang Chao; J.R. Fruen; Kitty Moore Cc: reena rao
Subject: Agenda Item #12 -Please continue to waive fees for the Cupertino Bhubaneswar Sister City Events Date: Tuesday, June 6, 2023 3:23:24 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Cupertino City Council members,
Regarding tonight's council agenda #12, the materials state:
Pg 344 Agenda item 12.
Revenue from Elimination of Festival Fee Waivers
The Parks and Recreation Department is proposing to charge fees for festival organizers, which were waived by the City in past years. By implementing this change, the Department aims to generate additional revenue of $84,218. City-paid expenses for sheriff costs and materials have also been reduced in the FY 2023-24 Proposed Budget.
I am writing to urge you to please continue the Fee Waivers for the annual Cupertino Bhubaneswar Sister City Event.
We are planning for the upcoming Second Heritage India Faire and Konark Festival, which will be held on September 23, 2023, at Memorial Park in Cupertino. The festival is presented by the Cupertino Bhubaneswar Sister City (CBSCI), in collaboration with the City of Cupertino and other partners. As a 501c3 non-profit organization, CBSCI aims to foster positive multi-cultural interaction and understanding through art, culture, and education exchanges.
The festival is a celebration of the sister city’s relationship with Cupertino and Bhubaneswar, and we anticipate a significant turnout. It is an epic event that showcases a great index of all dance genres and dance forms, along with the arts and crafts faire, taking us through a journey of rich cultural heritage. As part of the sister city exchange program, the festival educates and celebrates mutual understanding of diverse cultures, promoting friendship and bilateral ties.
The event brings together nonprofit leaders, cultural/art ambassadors, technologists, and innovators to create a cultural immersion drive that builds a positive impact for both people and our planet.
Your contribution provides support to many local communities (skilled local and international artisans). This year we did not get grants from the Park & Recs and now removing the fee waivers will make it untenable to organize such a festival.
These events showcase our people, our heritage, and our values and strengthen community bonds.
There is no cheaper and more equitable path toward creating culturally vibrant cities, one that requires less public funding and much less steel and glass. Our sister city festivals also provide a financial bump for local businesses, others help to drive the economies of Cupertino city.
Please we request you to consider continuing with the fee waivers for the Cupertino Bhubaneswar sister city events to promote exchange programs between the two cities and countries.
Warm regards,
Mahesh Pakala
Co-Founder of Cupertino Bhubaneswar Sister City Initiative (CBSCI) 510-789-7100
From: Rhoda Fry
To: City Clerk; City Council
Subject: Cupertino City Council June 6, 2023 Agenda Item #12 Budget and CIP Date: Tuesday, June 6, 2023 3:21:56 PM
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Dear City Council,
SUMMARY: Rhoda Fry asked for a significant reduction in the budget in light of the outcome of the CDTFA audit.
I urge you to not vote for this overly-bloated budget today.
We still have time to do it right.
First and foremost, we need to have a line-by-line reconciliation of budgets-to-actual from the past 3 years.
If we had those, then we would have known where we under-estimated expenses and where we over-estimated.
One notable area in over-estimation was in anticipated library fees that were never owed.
From the budget presentation, previous years total actuals were around $80M.
Now we’re at $117M and we are about to be dipping into savings for at least a decade.
Please also consider that our going into savings is not as apparent now, because funds that should have been put into long-term savings were instead put into an unallocated fund – so our actual dip into savings appears to be lower.
We’ve had a lot of head-count (was it 22 jobs?) that was not filled in 2022. We have been told that we would have a reduction in services if we did not hire more people. So how bad was it for us residents that those jobs were not filled? Can you please explain? Thanks to staff for providing the written answers to City Council members – the data on City employment was especially helpful.
Meanwhile, many more jobs are being allocated and the City has been on a hiring spree. Headcount is one of our biggest cost centers and one of the hardest things to cut. We need to be more careful in our hiring.
Please – we have got to reduce this budget. If you are not willing to do it now, please agree to review the budget when we get the final decision from the CDTFA. I would also like to reiterate that there has been no information provided on how our City budget will be affected if we have to pay money back to the State and that worries me.
Regards, Rhoda Fry
From: [email protected]
To: City Council
Cc: [email protected]; [email protected]
Subject: Comment on Agenda Item #12, Please Support the Cupertino-Toyokawa Sister City Relationship! Date: Tuesday, June 6, 2023 3:31:03 PM
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Subj: Agenda Item #12 -Please continue to waive fees for the Cupertino Cherry Blossom Festival Dear Cupertino City Council members,
Regarding tonight's council agenda #12, the materials state:
Pg 344 Agenda item 12. - Revenue from Elimination of Festival Fee Waivers The Parks and Recreation Department is proposing to charge fees for festival organizers, which were waived by the City in past years. By implementing this change, the Department aims to generate additional revenue of $84,218.
City-paid expenses for sheriff costs and materials have also been reduced in the FY 2023-24 Proposed Budget.
I am writing to urge you to please continue the Fee Waivers for the annual Cupertino Cherry Blossom Festival.
Cupertino-Toyokawa Sister Cities, Inc. is an all-volunteer non-profit organization that has been working hard to maintain the City of Cupertino's sister city relationship with Toyokawa, Japan for the benefit of the City of Cupertino and community for the past 45 years.
The sister city relationship includes the yearly exchange of students and the exchange of adults every 5 years.
Proceeds from the festival are used to send CUSD-teachers as chaperones and offering limited scholarships to students for whom there would be a financial barrier to allow their participation.
Without the waiver of fees for the festival, we may be unable to continue hold the festival, without the festival proceeds we will be unable to continue our student exchange program because the festival is the main source of funds. Also note that if the festival is cancelled the proposed revenue will also be eliminated.
Our beloved Cupertino Cherry Blossom Festival has garnered top awards from festival goers, this year receiving the top award as "Best Festival" from: The Mercury News, Metro Magazine, and the Bay Area Parent Magazine. These accolades elevate Cupertino as a high quality festival venue and the Cupertino Cherry blossom festival as a worthwhile trip for vendors and festival goers from all over the San Francisco Bay area and even as far as the Los Angeles area. It is also attended by Federal and State government officials and the Consul General of Japan in San Francisco.
Continuing to waive the fees for the Cupertino Cherry Blossom festival allows the Cupertino-Toyokawa Sister Cities Committee to maintain Cupertino's sister city relationship with Toyokawa, Japan and elevates the status of the City of Cupertino at the state and international level.
Sincerely,
Dino Sakkas
Cupertino-Toyokawa Sister Cities, Inc.
From: Jean Gasperini
To: City Council
Subject: Agenda Item #12 -Please continue to waive fees for the Cupertino Cherry Blossom Festival Date: Tuesday, June 6, 2023 3:51:22 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Cupertino City Council members,
Regarding tonight's council agenda #12, the materials state:
Pg 344 Agenda item 12.
Revenue from Elimination of Festival Fee Waivers
The Parks and Recreation Department is proposing to charge fees for festival organizers, which were waived by the City in past years. By implementing this change, the Department aims to generate additional revenue of $84,218. City-paid expenses for sheriff costs and materials have also been reduced in the FY 2023-24 Proposed Budget.
I am writing to urge you to please continue the Fee Waivers for the annual Cupertino Cherry Blossom Festival.
I affirm the statements below from Alysa Sakkas, Cupertino-Toyokawa Sister Cities, Inc.
I echo her statements that the Cupertino Cherry Blossom Festival is a premiere festival in the Bay Area, bringing many visitors to Cupertino. It spotlights Cupertino in a positive manner, celebrating cultural awareness in a festive environment enjoyed by families and citizens of all ages. The CTSC organization has a strong history, beginning in 1978, staying vibrant throughout decades.
Jean Gasperini
Secretary
Cupertino-Toyokawa Sister Cities, Inc
Member since 2005
Below are Alysa Sakkas' statements:
"Cupertino-Toyokawa Sister Cities, Inc. is an all-volunteer non-profit organization that works hard to nurture the City of Cupertino's sister city relationship with Toyokawa, Japan for the benefit of the City of Cupertino and community.
Besides the goal of honoring the City's sister city relationship and sharing Japanese culture with the community, the financial goal of the festival is to fundraise for the expenses associated with our student exchange program, sending CUSD-teachers as chaperones and offering scholarships to students for whom there would be a financial barrier to allow their participation.
In addition to the student exchange program, this fundraiser is used to pay for the expenses of hosting an adult exchange every five years and our annual community Bell Ringing for World Peace event. Without the waiver of fees for the festival, we may be unable to continue much of our programming. In fact, we may need to make the difficult decision to not hold the festival altogether since we may be in jeopardy of being able to cover all the expenses associated with holding a festival without the grant of the fee waiver.
Furthermore, our beloved Cupertino Cherry Blossom Festival has garnered top awards from festival goers, this year receiving the top award as "Best Festival" from: The Mercury News, Metro Magazine, and the Bay Area Parent Magazine. These accolades elevate Cupertino as a high quality festival venue and the Cupertino Cherry blossom festival as a worthwhile trip for vendors and festival goers from all over the San Francisco Bay area and even as far as the Los Angeles area.
Continuing to waive the fees for the Cupertino Cherry Blossom festival allows the CupertinoToyokawa Sister Cities Committee to support Cupertino's sister city relationship with Toyokawa, Japan.
Sincerely,
Alysa Sakkas
Cupertino-Toyokawa Sister Cities, Inc.
President"
From: Gary McCue
To: City Council
Subject: Budget deficit impact to Cupertino-Toyokawa Sister Cities Date: Tuesday, June 6, 2023 3:46:35 PM
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Dear Honorable Cupertino Council Members and Mayor,
About 1 hour ago, I was alerted to Cupertino’s potentially dire budget situation, if Apple’s tax contribution from online sales were to be eliminated or curtailed, and how that might affect the Cupertino-Toyokawa Sister Cities (CTSC) program for which I have advocated while on the Cupertino Union School District board some years ago and continue to support as a current member of the CTSC committee. I understand how government bureaucracies can and sometimes do overreact, and I am writing to ask you not to do this, even in face of what may seem like an insurmountable deficit, should it happen.
The immediate concern to CTSC are fee waivers for the use of Memorial Park during our 2-day Cherry Blossom Festival at the end of April. Over the past 40 years, CTSC has supported the Cupertino relationship with Toyokawa and as a result has helped create and prosper international bonds of understanding, and appreciation between diverse cultures, using the sister cities model. The Cupertino Cherry Blossom Festival has financially supported student exchanges to Toyokawa as well as providing opportunities for local artists and community organizations a venue for demonstrating Japanese culture to residents. I don’t think that the benefits to Cupertino of bringing together diverse cultures and shared experiences can be overstated. Without fee waivers, it is possible that we might not be able to hold the Cupertino Cherry Blossom Festival in Cupertino, which would be an odd and sad ending to an era of support and cooperation, I think.
There is one more thing that I think you should consider. I understand that the fees represent real costs, or should. However, collecting them could have the unintentional effect of eliminating the Memorial Park venue for us and other community-based organizations. The buildings would still need to be maintained, the grass mowed, safety of playgrounds would still need to monitored, etc. To my way of thinking, eliminating the venue as an option for community groups by charging more than the current fee waiver practice would be similar to locking the doors to the library on weekends.
Residents might accept it but it will be remembered by those who care about the diversity that Cupertino has come to be known for throughout the world, in the same way that a parent might remember not being able to take their children to the library on weekends.
I hope that you will give Cupertino-Toyokawa Sister Cities the chance to discuss how we can help Cupertino and not place us in the difficult situation of leaving us without real options. We plan 1 year in advance for the Cupertino Cherry Blossom Festival to become successful, so not knowing has the very similar to saying no.
I appreciate the chance to explain my particular perspective on this matter and I hope that you will find time to discuss options with Cupertino-Toyokawa Sister Cities.
Sincerely, Gary McCue
From: Shrinivas Venkatraman
To: City Council
Subject: Suggestions from a concerned resident
Date: Tuesday, June 6, 2023 3:45:19 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hello Mayor Wei, Vice-mayor Mohan, city council members, 67% of Cupertino is of Asian heritage. We are a fiscally frugal and responsible community.
We manage our credit and finances and spend less than we make. We ask you to do the same.
I ask you to NOT spend our taxpayer money on wasteful projects. Please do NOT approve allocations for the below.
1. No money to chamber of commerce
2. No money to city hall
3. No money to concrete cinder block bike lanes and road lane removals
4. No money to more than 3 study projects at a time
5. No money to wasteful non-essential spend
Please do prioritize spending for:
1. Community events like Holi, Diwali
2. Janitorial services
3. Paving roads
4. Essential infrastructure
5. Parks and rec maintenance
6. Community and kids classes
7. Kids and teen events
8. Law enforcement
Finally please make deep cuts in city staff administration headcount. We need to cut actual headcount not just vacant but opened positions.
Thank you.
Sincerely,
Shrinivas Venkatraman
From: KC CH
To: City Council
Subject: Requesting not to waste taxpayer money
Date: Tuesday, June 6, 2023 3:37:33 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hello Mayor Wei, Vice-mayor Mohan, city council members, 67% of Cupertino is of Asian heritage. We are a fiscally frugal and responsible community.
We manage our credit and finances and spend less than we make. We ask you to do the same.
I ask you to NOT spend our taxpayer money on wasteful projects. Please do NOT approve allocations for the below.
1. No money to chamber of commerce
2. No money to city hall
3. No money to concrete cinder block bike lanes and road lane removals
4. No money to more than 3 study projects at a time
5. No money to wasteful non-essential spend
Please do prioritize spending for:
1. Community events like Holi, Diwali
2. Janitorial services
3. Paving roads
4. Essential infrastructure
5. Parks and rec maintenance
6. Community and kids classes
7. Kids and teen events
8. Law enforcement
Finally please make deep cuts in city staff administration headcount. We need to cut actual headcount not just vacant but opened positions.
Thank you.
Sincerely,
Kalyani Challa
Cupertino Resident
From: Swaphna Srihari
To: City Council
Subject: Priorities for approving budget
Date: Tuesday, June 6, 2023 3:35:59 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hello Mayor Wei, Vice-mayor Mohan, city council members, 67% of Cupertino is of Asian heritage. We are a fiscally frugal and responsible community. We manage our credit and finances and spend less than we make. We ask you to do the same.
I ask you to NOT spend our taxpayer money on wasteful projects. Please do NOT approve allocations for the below.
1. No money to chamber of commerce
2. No money to city hall
3. No money to concrete cinder block bike lanes and road lane removals
4. No money to more than 3 study projects at a time
5. No money to wasteful non-essential spend
Please do prioritize spending for:
1. Community events like Holi, Diwali
2. Janitorial services
3. Paving roads
4. Essential infrastructure
5. Parks and rec maintenance
6. Community and kids classes
7. Kids and teen events
8. Law enforcement
Finally please make deep cuts in city staff administration headcount. We need to cut actual headcount not just vacant but opened positions.
Thank you.
Sincerely,
Swaphna.
From: Angela Chen Lee
To: City Council
Cc: Pamela Wu
Subject: Today"s City Council Meeting-Budget
Date: Tuesday, June 6, 2023 4:01:10 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Cupertino City Members,
I am writing to urge you to continue the Fee Waivers for the annual Cupertino Cherry Blossom Festival.
The Cupertino Cherry Blossom Festival is an award-winning festival operated by the Cupertino-Toyokawa Sister Cities, Inc., an all-volunteer non-profit organization. The Festival brings volunteers together to work toward the common goal of honoring the City's sister city relationship and sharing Japanese culture with the community. The financial goal of the festival is to fundraise for the expenses associated with our student exchange program, sending CUSD-teachers as chaperones and offering scholarships to students having a financial barrier for participation. Most importantly, the Festival brings the community together to enjoy the different culture and learn more about our City.
As all of you stated at the City's CREST Award ceremony: "volunteers make Cupertino a better place to live". We volunteers also need and appreciate City's support to continue serving the residents of OUR City. This fee waiver is not a loss of revenue but an investment in our community.
Warmly,
Angela Chen
Cupertino-Hsinchu
Sister City Association
From: Debra Nascimento
To: Melissa Robertson
Subject: Fwd: Cupertino City Budget
Date: Tuesday, June 6, 2023 4:12:39 PM
Debra Nascimento
Executive Assistant
City Manager's Office
[email protected]
(408) 777-1302
From: Shankar <[email protected]>
Sent: Tuesday, June 6, 2023 4:08:52 PM
To: City Council <[email protected]>
Subject: Cupertino City Budget
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hello Mayor Wei, Vice-mayor Mohan, city council members, 67% of Cupertino is of Asian heritage. We are a fiscally frugal and responsible community.
We manage our credit and finances and spend less than we make. We ask you to do the same.
I ask you NOT to spend our taxpayer money on wasteful projects. Please do NOT approve allocations for the below.
1. No money to the Chamber of Commerce
2. No money to city hall
3. No money to concrete cinder block bike lanes and road lane removals
4. No money for more than 3 study projects at a time
5. No money for wasteful non-essential spend
Please prioritize spending for the following:
1. Community events like Holi, Diwali
2. Janitorial services
3. Paving roads
4. Essential infrastructure
5. Parks and Rec maintenance
6. Community and kids classes
7. Kids and teen events
8. Law enforcement
Finally, please make deep cuts in the city staff administration headcount. We need to cut the actual headcount, not just vacant but open positions.
Thank you.
Sincerely,
Shankar
From: Kitty Moore
To: City Clerk
Subject: Item 2 Written Communications A - Sheriff - Donation Agreement (1).pdf Date: Wednesday, June 7, 2023 5:06:35 AM
Attachments: A - Sheriff - Donation Agreement (1).pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear City Clerk,
Please add the following to item 2 written communications as it was mentioned during the meeting.
Best regards,
Kitty Moore
City of Cupertino
Standard Donation Form
The City of Cupertino acknowledges and thanks individuals arid institutions who wish to donate funds, goods/property, and their voluntary time to help the City achieve its public goals and objectives for the betterment of the community. This Donation Form is intended to memorialize the understanding between the City and the Donor. The undersigned Donor wishes to make a donation to the City of Cupertino as described in more detail below.
The Donor is ( check and complete all that apply):
l ,/ I Donating $ 558m9 in a lump sum.
D Donating$ __________ in---------- (monthly, quarterly, etc.) contributions of$ ___________ in ____ installments.
D Donating the following ( describe products, services, investment securities, real property, etc.) valued at$ __________ _
Donor wishes to have this donation used as follows (check one):
[_J For a general purpose consistent with the City's adopted goals and objectives, based on the City's discretion.
By the----------- (Department/Division) for a general purpose at their discretion.
l.�J By the· Law Enforcement Division
specific purposes:
(City/Department/Division) for the following
Enhanced law enforcement services for the CS beat that encompasses Apple Park, equivalent to two Santa Clara County deputies with patrol vehicles. These services shall be provided from October 1, 2018 through June 30, 2019. Annually, Apple intends to make a similar donation to support two deputies based on established rates.
Except as provided above, the City may use the donation in any manner at its sole discretion and the Donor has no right or obligation to control the City's use of the donation.
Donor understands that the City will endeavor to meet the use conditions of restricted donations, in accordance with the wishes of the donor. If, however, the City is unable to meet the Donor's restrictions, the City will make reasonable attempts to contact the Donor or the representative identified by Donor in the Form/Agreement to discuss alternative uses or to return the Donation.
CC 06-06-2023
Item #14
Informational
Memorandum update on
drought conditions
Written
Communications
From: Kitty Moore
To: Kirsten Squarcia; City Clerk
Subject: Written Communications Item 14 Drought Non-Functional Turf Date: Monday, June 5, 2023 1:36:13 PM
Attachments: Commercial Irrigation Ban 2022-0606-03E-approval.pdf 2023 Extention pr20230601-decorative-watering.pdf
EmergencyRegTextDRAFT_2023-06ereg.pdf
Dear City Clerk,
I appreciate the drought update and am adding the very recent State extension of the nonfunctional turf ban for commercial, industrial, and institutional properties on the use of potable water for irrigation, in order for the City to be aware that this ban has been readopted and that the ban includes a $500/day maximum violation punishment.
Please include this email along with the attachment for written communications for Informational Item 14: Drought Conditions.
The following is an excerpt from the Emergency Regulatory Actions taken June 10, 2022 and remained in effect through June 1, 2023:
The regulation bans the irrigation of non-functional turf with potable water in
commercial, industrial, and institutional. sectors and establishes that such irrigation is an
infraction punishable by a fine of up to five hundred dollars for each day in which. the
violation occurs pursuant to Water Code section 1058.5(d).
OAL approves this emergency regulatory action pursuant to sections 11346.1 and
11349.6 of the Government Code. Pursuant to Water Code section 1058.5(b}, the
Finding of Emergency in this matter was exempt from Office of Administrative Law
Review.
This emergency regulatory action is effective on 6/10/2022 and, pursuant to Water
Cade section 1058.5(c), will expire on 6/1 Q/2023. The Certificate of Compliance far this
action is due no later than 6/9/2023.
The State Water Board then readopted the decorative grass watering ban on business and government properties in May, 2023, an excerpt is here:
May 31, 2023
Contact: Edward Ortiz, Information Officer
SACRAMENTO – The State Water Resources Control Board has readopted an emergency regulation that bans using drinking water for watering decorative grass (also referred to as non-functional turf) in commercial, industrial and institutional areas throughout the state.
The State Water Board’s readoption of this regulation signals the real need for Californians to continue using water wisely, and it aligns with Gov. Gavin Newsom’s March 2023 executive order affirming that the multi-year drought continues to have significant, immediate impacts on communities with vulnerable water supplies across California.
Although conditions have improved, they have not abated severe drought conditions that remain in some parts of the state, including those with groundwater basins that are depleted.
The regulation bans watering non-functional turf, which generally is mowed grass that is not used for recreational or other community activities, at commercial, industrial and institutional properties. This applies to areas like grass in front of or next to large commercial buildings, and some common areas managed by homeowners’ associations.
In addition to not applying to grass used for recreational or other community activities, the ban does not affect or prohibit watering residential lawns or trees. In fact, the state encourages people to keep watering trees because of their many environmental benefits. The ban also does not prohibit using recycled water for irrigating non-functional turf.
I have also attached the May 15, 2023 Proposed Text of the Emergency Regulation.
Thank you,
Kitty Moore
Kitty Moore
Councilmember
City Council
[email protected]
(408) 777-1389
State Water Board readopts decorative grass
watering ban on business and government properties
Conserving and storing water remains critical for communities recovering from multi-year drought conditions, preparing against climate change May 31, 2023 Contact: Edward Ortiz, Information Officer SACRAMENTO – The State Water Resources Control Board has readopted an emergency regulation that bans using drinking water for watering decorative grass (also referred to as non-functional turf) in commercial, industrial and institutional areas throughout the state.
The State Water Board’s readoption of this regulation signals the real need for Californians to continue using water wisely, and it aligns with Gov. Gavin Newsom’s March 2023 executive order affirming that the multi-year drought continues to have significant, immediate impacts on communities with vulnerable water supplies across California. Although conditions have improved, they have not abated severe drought conditions that remain in some parts of the state, including those with groundwater basins that are depleted.
The regulation bans watering non-functional turf, which generally is mowed grass that is not used for recreational or other community activities, at commercial, industrial and institutional properties. This applies to areas like grass in front of or next to large commercial buildings, and some common areas managed by homeowners’ associations. In addition to not applying to grass used for recreational or other community activities, the ban does not affect or prohibit watering residential lawns or trees. In fact, the state encourages people to keep watering trees because of their many environmental benefits. The ban also does not prohibit using recycled water for irrigating non-functional turf.
“We all have a shared responsibility to continue to limit non-essential outdoor water use while the state grapples with extreme weather and plans for possible dry conditions this summer and into the next wet season,” said Joaquin Esquivel, chair of the State Water Board. “This readopted regulation will help us continue to protect California’s water resources in hotter, drier conditions.”
The regulation was initially adopted by the board in May 2022 and went into effect in June 2022. Once approved by the Office of Administrative Law and filed with the Secretary of State, the extension of the ban will go into effect for one additional year. It would have expired in June 2023, if not readopted.
With this readoption, there are two State Water Board water conservation emergency regulations in place. The other is an emergency regulation prohibiting wasteful water uses. That regulation, readopted in December 2022 and still in effect, prohibits outdoor watering causing substantial water to run onto sidewalks and other areas, and the use of potable water for washing hard surfaces like driveways or sidewalks. Violations of these prohibitions or of the newly extended non-functional turf watering ban are considered infractions.
Agencies already authorized to enforce the existing water regulations, like water suppliers and local governments, still are empowered to address violations of the nonfunctional turf watering regulation. In some areas, similar prohibitions are required by local plans or ordinances.
For more information on this and other statewide water restrictions, go to the State Water Board’s Water Conservation Emergency Regulation page. #
The State Water Board’s mission is to preserve, enhance and restore the quality of California’s water resources and drinking water for the protection of the environment, public health, and all beneficial uses, and to ensure proper resource allocation and efficient use for the benefit of present and future generations.
State of California
Office of Administrative Law
In re:
State Water Resources Control Board
NOTICE OF APPROVAL OF EMERGENCY
REGULATORY ACTION
Regulatory Action:
Title 23, California Code of Regulations
Adopt sections: 996
Amend sections:
Repeal sections:
Government Code Sections 11346.1 and
11349.6
OAL Matter Number: 2022-0606-03
OAS Makter Type: Emergency (E)
This emergency action by the State Water Resources Control Board adopts a new regulation which .requires urban water suppliers to submit preliminary supply and demand assessments to the Department of Water Resources and to implement Level 2 demand reduction actions (actions intended to result in a 10 to 20 percent savings).
The regulation bans the irrigation of non-functional turf with potable water in commercial, industrial, and institutional. sectors and establishes that such irrigation is an infraction punishable by a fine of up to five hundred dollars for each day in which. the violation occurs pursuant to Water Code section 1058.5(d).
OAL approves this emergency regulatory action pursuant to sections 11346.1 and 11349.6 of the Government Gode. Pursuant to Water Code section 1058.5(b}, the Finding of Emergency in this matter was exempt from Office of Administrative Law Review.
This emergency regulatory action is effective on 6/10/2022 and, pursuant to Water Cade section 1058.5(c), will expire on 6/1 Q/2023. The Certificate of Compliance far this action is due no later than 6/9/2023.
Date: June 10, 2022 ~ ~~„~, ~~-,
Dale Mentink`
Assistant Chief Counsel
For: Kenneth J. Pogue
Director
Original: Eileen Sobeck, Executive
Director
Copy: Garrett Lenahan
STATE OF CALIFORNIA—OPfICEOFADMINiSTRA E~nw
NOTICE PUBLIC/~TIOIV For use by Secretary of State only ~n,
sr~.aootRev.ionor9l ~
~f1L FILE N07ICE FILE NUMBER REGULATORY ACTION NUMBEgR~ g~ ~g EMER~GEi NyC~Y NUMBER N1Jt~/I$~f~'a" ~~ e~
For use by Once of Administrative law (OAL)
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~~~~ s~,~, jm~ rti r ~a-s~
NOTICE REGULATIONS
AGENCY WITH RULEMAKING AUTHORITY
State Water AGENCY FILE NUMBER (if any) Resources Control Board A. PUBLICATION OF NOTICE (Complete for publication in Notice Register)
1. SUBJECT OF NOTICE TITLES) FIRST SECTION AFFECTED 2. REQUESTED PUBLICATION DATE
3. NOTICE TYPE - 4. AGENCY CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (Optional) ❑ Notice re Proposed ("—►
Re ulato tither `Action L_~
OAL USE ACTION ON PRppgSFD NOTICE
~~~Y HPP~oveaas
NOTICE. R_FGISTER NUMBER '. Pl!BUCATlpN bATE APp~cvyas t" DisapProvh~+~ S~bnnroea ~ MorliheU ~ Witharawn B. SUBMISSION OF REGULATIONS (Complete when submitting regulations) 1a. SUBJECT OF REGULATION{S) ib. ALL PREVIOUS RELATED OAL REGULATORY ACTION NUMBERS) Water Demand Reduction Emergency Regulation
2. SPECIFY CALIFORNIA CODE Of REGULATIONS TITLES) AND SECTIONS) (including title 26, if toxics related) SECTIONS} AFFECTED A°oPT
{List all section number{s) 996
`individually. Attach aMeNo
_~cidi~a~al:_sF~eeh_6f~reeded.} __~_._ _--- ____ _._ ----_ ____ -- TITLE(S) REPEAL 23 3. TYPE OF FILING
Code
Regular
§11346)
Rulemaking {Gov. ❑Certificate of Compliance: The agency officer named ~ Emergency Readopt ~ Changes Without below certifies that this agency complied with the (Gov. Code, §11346.1 (h}) Regulatory Effect {CaL Resubmittal of disapproved provisions of Gov. Code §§11346.2-11347.3 either Code Regs., title 1, §100} or withdrawn nonemergency before the emergency regulation was adopted or filing (Gov. Code §§11349.3, within the time period required by statute. 11349.4) ❑File &Print ~ Print Oniy
§11346.1(b))
Emergency (Gov. Code, ~
emergency
Resubmittal
filing
of disapproved
(Gov. Code,
or
§11346.1)
withdrawn o ocher {sPe~~~> Wafer Code Section 1058.5
4. ALL BEGINNING AND ENDING DATES OF AVAILABILITY OF MODIFIED REGULATIONS AND/OR MATERIAL ADDED TO THE RULEMAKING FILE (Cal. Code Regs. line 1, §44 and Gov. Code §11347.1)
5. EFFECTIVE DATE OF CHANGES (Gov. Code, §§ 11343.4, 11346.1(d}; Cai. Code Regs., title 1, §100 ) Effective January 1, April 1, July 1, or x Effective on filing with §100 Changes Without Effective other October 1 (Gov. Code §11343.4(a)) ❑Secretary of State ❑Regulatory Effect ❑(Specify)
6. CHECK IF THESE REGULATIONS REQUIRE NOTICE T0, OR REVIEW, CONSULTATION, APPROVAL OR CONCURRENCE BY, ANOTHER AGENCY OR ENTITY Department of Fnance (Form STD. 399) {SAM §6660) ~ Fair Political Practices Commission ~ State Fire Marshal Other {Specify)
7. CONTACT PERSON TELEPHONE NUMBER FAX NUMBER {Optional) E-MAIL ADdRESS (Optional) Garrett Lenahan 916 341-5179
8. (certify
of the regulation{s)
that the attached
identified
copy
on
of the regulations) is a true and correct copy For use by Office of Administrative Law (OAL) only this form, that the information specified on this form is true and correct, and #hat I am the head of the agency taking this action, or a designee of the head of the agency, and am authori2ed to make this certification.
SIGNATURE OF AGENCY HEAD OR DESIGNEE PATE
Eric Oppenheimer °'g J.~te:20]IA6➢614:24:44 7a1ySgnedbyEncOp°~ibe -0]'00'1nef 6/612022
TYPED NAME AND TITLE OF SIGNATORY
Eric Oppenheimer, Chief Deputy Director, State Water Resources Control Board
ADOPTED EMERGENCY REGULATION TEXT
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article. 2. Prevention of Drought Wasteful Water Uses
996. Urban Drought Response Actions
~a) As used in this section:
(1) "Commercial, industrial and institutionaP' refers to commercial water users, industrial water users, and .institutional water users as respectively defined in Water Code, section 10608:12. subdivisions (e), {i ,and (j), and includes homeowners' associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities' members or separate interests. ~2) "Common interest development' has the same meaning as in section 4100 of the Civil Code.
~3) "Community service organization or similar entity" has the same meaning as in :section 4110 of the Civi( Code.
~4) "Homeowners' association" means an "association" as defined in section 4080 of the Civil Code.
(5} "Non-functional turf" means turf that is solely ornamental and not rec~ularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turF that is regularly used for human recreational purposes or for civic or community events.
(6} "Plant factor" has the same meaninct as in section 491. ~7) "Separate interest" has the same meaning as in section 4185 of the Civil Code. (8) "Turf" has the same meaning as in section 491.
(9} "Urban water supplier" has the same meaning as Water Code section 10617. (10) "Water shortage contingenc rLplan" means the plan required by Water Cade section 10632.
(b) Each urban water supplier shall submit to the Department of Water Resources a preliminary annual water su~ply and demand assessment consistent with section 10632.1 of the Water Cade no later than June 1 2022 or the effective date of this section whichever comes later, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code.
(i) The supplier's annual water supply and demand assessment submitted to the Department of Water`Resources demonstrates an ability to maintain reliable suppix until September 30, 2023.
Department of Water Resources.
(iii) The supplier's average number of gallons of water used per person per day by to twenty (20) gercent (Level ~, implement at a minimum the following actions:
(1) Initiate a public information and outreach campaign for water conservation and promptly and effectively reach the supplier's customers, using efforts such as ema papermail, bill inserts, customer app notifications, news articles, websites, comma events radio and television billboards and social media. potable water befinreen the hours of 10:00 a.m. and 6:00 p.m.
Level 2~
(2 Notwithstanding subdivision (c)(1), urban water suppliers shall not be required to implement new residential connection moratoria pursuant to this section. residential customers for the year 2020 is below 55 gallons, as reported to the Board in the :Electronic Annual Report.
has authority to enforce, as infractions, the prohibitions in section 995 and takes enforcement against violations.
(e) t1) To prevent the unreasonable use of water and to promote water conservation, the use: of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial and institutional sites.
(2~ Notwithstanding subdivision (e)(1~, the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need. (3) Notwithstanding subdivision (e)(1 ~, an urban water supplier may approve a request for continued irrigation of non-functional turFwhere the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration.
criminal
(g) A decision or order issued under this section ~ the Board, or an officer or employee the Board, is subject to reconsideration under article 2 (commencing with section 1122) c chapter 4 of part 1 of division 2 of the Water Code.
Authority: Section 105$.5, Water Code.
References: Article X Section 2 California Constitution' Sections 4080 4100 4110 and 4185 Civil Gode~ Section 8627.7 Government Code' Sections 102 104 105 275 350
3.77, 491, 1058.5, 1122. 10608.12, 10617, 10632, and 10632.1, Water Code; Lic~hf v. Sf~ Water Resources Control Board (2Q14) 226 Cal.App.4th 1463; Stanford Vina Ranch lrrigation Co. v. State of California (20201 50 Cal.App.5th 976 DRAFT – 05/15/2023
1 PROPOSED TEXT OF EMERGENCY REGULATION
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 3. Prevention of Drought Wasteful Water Uses
§ 996. Urban Drought Response Actions
(a) As used in this section:
(1) “Commercial, industrial and institutional” refers to commercial water users, industrial water users, and institutional water users as respectively defined in Water Code, section 10608.12, subdivisions (e), (i), and (j), and includes homeowners’ associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities’ members or separate interests. (2) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
(3) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(4) “Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(5) “Non-functional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events.
(6) “Plant factor” has the same meaning as in section 491. (7) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
(8) “Turf” has the same meaning as in section 491.
(b) (1) To prevent the unreasonable use of water and to promote water conservation, the use of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial, and institutional sites. (2) Notwithstanding subdivision (b)(1), the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need.
DRAFT – 05/15/2023
2 (3) Notwithstanding subdivision (b)(1), an urban water supplier may approve a request for continued irrigation of non-functional turf where the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration.
(c) The taking of any action prohibited in subdivision (b) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal. (d) A decision or order issued under this section by the Board, or an officer or employee of the Board, is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.
Authority: Section 1058.5, Water Code.
References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, and 4185, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 377, 491, 1122, and 10608.12, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.