Cupertino City Council
October 17, 2023

4. COMPENSATION

4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed 170, 000.00 (“ Contract Price”), based upon the Scope of Services in Exhibit A and the budget and rates included. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’ s actual costs exceed the capped amount.

4.2 Per Service Order. Compensation for Services provided under a Service Order will be based on the rates set forth in the Service Order, which shall not exceed the capped amount specified in the Service Order.

4.3 Invoices and Payments. Except as otherwise provided in a Purchase Order, monthly invoices must state a description of the deliverables completed and the amount due for the preceding month. Thirty ( 30) days prior to expiration of the Agreement, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval.

Noncompliance with this requirement 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, Project/Construction Management Services and Strategic Advisory Services Master Professional/ Specialized Services Agreement/ Rev. October 2021

unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’ s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor.

Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System ( PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remit to City any payments due by the City as a result of such determination, so that the City’ s total expenses under this Agreement are not greater than they would have been had the determination not been made.

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 and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data.

7. OWNERSHIP OF MATERIALS

7.1 Property Rights. Any interest ( including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium ( collectively, “ Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City.

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.

Project/Construction Management Services and Strategic Advisory Services Master Professional/ Specialized Services Agreement/ Rev. October 2021

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 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 will be considered an assignment of the Agreement and subject to City approval. 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 Contractors (“ Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings), of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following:
a) Breach of contract, obligations, representations, or warranties; b) Negligent or willful acts or omissions committed during performance of the Services; c) Personal injury, property damage, or economic loss resulting from the work or performance of Project/Construction Management Services and Strategic Advisory Services Master Professional/ Specialized Services Agreement/ Rev. October 2021

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 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 C, 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.

Project/Construction Management Services and Strategic Advisory Services Master Professional/ Specialized Services Agreement/ Rev. October 2021

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 Contractor' s employees or sub- contractors will not be tolerated.

Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.

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

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

14. PROJECT COORDINATION
City Project Manager. The City assigns Susan Michael 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 Katie M. Bipes as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Services. Contractor’ s Project manager is responsible for coordinating and scheduling the Services in accordance with City instructions, service orders and the Schedule of Performance. Contractor must regularly update the City’ s project manager about the status, progress and any delays with the work. City’s written approval is required prior to Contractor substituting a new Representative which shall result in no additional costs to City.

15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts thereof 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.

Project/Construction Management Services and Strategic Advisory Services Master Professional/ Specialized Services Agreement/ Rev. October 2021

16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product.

17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California.

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

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

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

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

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

Project/Construction Management Services and Strategic Advisory Services Master Professional/ Specialized Services Agreement/ Rev. October 2021

23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement.

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

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

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

To City of Cupertino
Office of the City Manager
10300 Torre Ave.

Cupertino, CA 95014
Attention: Susan Michael
Email: SusanM@cupertino. org
To Contractor:

Cumming Management Group, Inc
475 Sansome St, Suite 770
San Francisco, CA 94111
Attention: Katie M. Bipes
Email: Katie.Bipes@cumming- group. 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.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW]
Project/Construction Management Services and Strategic Advisory Services Master Professional/ Specialized Services Agreement/ Rev. October 2021

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

CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date

CUMMING MANAGEMENT GROUP, INC
By
Name
Title
Date
APPROVED AS TO FORM:

CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:

KIRSTEN SQUARCIA
City Clerk
Date
John Olsson
John Olsson
Vice President
Aug 29, 2023
Christopher D. Jensen
Jimmy Tan
Assistant Director of Public Works
Aug 29, 2023
Aug 29, 2023
Cumming Management Group, Inc. (" Cumming") understands that the City of Cupertino (" City") seeks a consultant team to provide professional services in the realm of project management, cost management, and real estate research and analysis.

Cumming is delighted to provide professional services during construction, pre-construction, and development/ feasibility phases of the projects at various sites. Cumming and its subconsultants shall provide services under this Master Agreement on an “as needed” basis and only (1) upon written request from City’s Director of Public Works or authorized Agent as defined in this Agreement and (2) as defined in a fully executed Service Order. Services may include scheduling, sustainability advisement, constructibility/ peer reviews, and management of construction inspections and testing.

Subconsultants
Cumming will bring The Concord Group on board as a subconsultant during project pre-construction phases to provide services related to aspects of real estate research, analysis, planning and financing.

Cumming will bring ECCR on board as a subconsultant during pre-construction phase and/ or construction phase of a project to perform Constructability reviews of project documentation.

Other subconsultants may be proposed to the City for consideration. Cumming will include information about their proposed scope of work in writing, within each Service Order/ Fee proposal.

Description of Services
Exhibit A
201 Moffit Blvd.

MT. View, CA 94043
Phone: 408- 769- 6000
cumming- group. com
GO/ NO-GO ASSESSMENT FOR CITY HALL, CITY HALL ANNEX, AND SPORTS CENTER SITES:

A. Initial Market Reconnaissance and Program Opportunities i. Identify the menu of residential product types ( market- rate and BMR) compatible with civic uses that are marketable with accompanying top line product positioning and value estimates. ii. Identify housing development options based on market demand, rent levels ( market and BMR), unit types and mix, and the City’ s program and services required on each parcel. iii. Prepare preliminary financial analysis to determine revenues and value generated by private uses that can be used to offset development and operating costs associated with public uses. iv. Identify a menu of public/ private partnership and project delivery approaches ( i.e., financial tools and structures) that can be used in the projects. v. Deliverables:
i. Briefing Book of key exhibits in a format suitable for inclusion in a Staff Report to Council.
vi. Reimbursables: $ 3,000 total
B. Scenario Programming: City Hall Focus
i. Refine the programming menu to best fit the economic objectives for the site. ii. Prepare “ analogue case studies” to define the master plan vision iii. Perform built product values, net operating income and land value guidance for the various product types and densities considered, leading to alternative development scenarios iv. Provide estimates of proposed alternatives
v. Work with City Officials and an architect/ planning firm to create initial yield studies to determine best fit” and three potential development site plan options for the Cupertino Civic Center/ City Hall Property, leading to a City Preferred Option. Develop and/ or confirm preliminary space needs for City Hall and other public/ private uses desired and/ or needed in the short term and long-term. This information will effectively serve as the new Master Plan for the City’ s Civil Center
vi. Meet with Stakeholders to discuss findings and build consensus vii. Work with City staff to coordinate efforts
viii. Present findings to City Council
ix. Deliverables:
i. Summary document of findings, conclusions, and recommended actions ii. City Council Presentation
iii. Conceptual estimates for programming options
x. Reimburseables: $ 3,000 total
OPTIONAL WORK:

C. Stakeholder Engagement
i. Identify a stakeholder strategy to successfully bring about consensus to support the preferred alternative( s).
ii. Meet with stakeholders to discuss findings and build consensus iii. Work with City staff to coordinate efforts and make presentations to the City Council. iv. Deliverables:
i. Focus Group and Public Open House meeting agendas
v. Reimbursables – TBD based on approved scope.

D. Implementation Strategies & Development
i. Implementation strategies and their execution are the heart of successful redevelopments Description of Services: Real Estate Research and Analysis 201 Moffit Blvd.

MT. View, CA 94043
Phone: 408- 769- 6000
cumming- group. com
plans. We are specialists in designing implementation strategies that achieve results, guide the next era of investment, activate underutilized properties and public spaces, and provide the energy and soul to communities, creating value for property owners and merchants and sustainable revenues for the local governments and agencies. ii. We will provide specific actionable strategies based on the information and plans completed as part of this proposal. We will seek out public- private partnerships and project delivery approaches to develop new public facilities at lower costs than otherwise achievable under traditional project delivery methods. We will use and access our extensive network of developers in Northern California for this project.
iii. Deliverables:
i. Due Diligence Checklist
ii. Development RFQ/ RFP for the City Hall site
iii. Draft Project Development Schedule
iv. Draft Term Sheet
E. Developer Negotiation/ Transaction Closing
i. We will negotiate preliminary deal terms ( Letter of Intent or Memorandum of Understanding) and final purchase and sale/ lease/ development agreement or other P3 agreement with the preferred developer/ tenants.
ii. Assist with any closing conditions leading to construction. iii. Continue to meet with the City staff and City Council.

F. Architect Procurement and Management
i. Prepare an RFP for Architectural services; receive proposals, level bids, and conduct interviews with Architect finalists; recommend award of contract and, in conjunction with City’ s legal counsel, negotiate form of agreement.
ii. Manage the Architectural team through completion of Phase 1 Master Plan for the Civic Center iii. Work with City staff and make presentations to the City Council iv. Provide Design Management and Estimating for budget development v. Deliverables:
i. Architectural Services RFP
Preconstruction Phase:

Support the City’ s Project Manager in the following activities:
o Define progress reporting requirements and establish protocol for routine progress meetings, reports, and issue tracking
o Meet on site as needed with designers and City, review scope of work, and discuss design and timelines.
o Work with designers during design process and review preliminary drawings. o Attend project design team meetings
o Distribute meeting minutes as required
Budgeting
o Refine and formalize project budgets
o Prepare budget/ operating cash flow projects, including spending projects through all phases o Facilitate value engineering conversations, including developing a VE log o Perform design and estimate review sessions for SD, DD, and 50% CD o Issue monthly budget reports during construction
Description of Services: Project Management
o Conduct weekly project team meetings
o Prepare and distribute meeting minutes
201 Moffit Blvd.

MT. View, CA 94043
Phone: 408- 769- 6000
cumming- group. com
Design, Permit, Bidding, and Utilities
o Perform design and estimate review sessions for SD, DD, and 50% CD o Engage ECCR as a subconsultant to perform Constructability reviews ( based on 80 to 100 pages of plans)
o Solicit third party contracts for the projects
o Continuously work with A/ E as City of Cupertino’ s primary point of contact, alongside the City’ s Project Manager
o Review and prepare bidding documents, and assist in procurement o Work with the City to determine project delivery method o Assist with permitting process for land use and Building permits, as well as other government agency approvals. Architect and General Contractor are responsible for paying and obtaining permits
o Coordinate with Utilities for planning and approvals. Coordinate with the City for payment of fees
o Assist with the reach out and notify Public Utilities of the pending project o Work with Utilities for planning and approvals. Coordinate payment of fees o Assist the City of Cupertino with reach out to special consultants and testing by third parties o Assist with the preparation of RFQ ( prequalification) documents for general contractors o Assist in bid analysis and selection for General Contractor and/ or subcontractors o Conduct site visit with Contractors, answer questions and RFI’ s o Qualifying Contractor pricing, add value engineering thoughts where possible o Give recommendation to the city for awarding project
o Aid Owner in issuing a Notice to Proceed and contract approval Scheduling
o Develop preliminary schedule for all the work and discuss with City shareholders o Update schedule with input from A/ E and City teams
o Review project schedule during design and construction Sustainability and Commissioning
o Define goals for project sustainability, energy performance, etc. o Evaluate sustainability goals and opportunities during design o Research and advise of sustainability cost benchmarks and identify potential grant funding or incentives
o Reine and formalize project sustainability goals
o Evaluate costs associated with identified sustainability benchmark Construction Phase
o Define scope, deliverables, and milestones for construction o Define budget, and schedule requirements
o Attend weekly City, Architect, and Contractor meetings to track project progress and review any concerns City may have.
o Define progress reporting requirements and establish protocol for progress meetings, reports, and issue tracking
o Review contractor schedule to identify critical path and opportunities/ threats o Manage budget and validate costs
o Prepare quality control and quality assurance plan
o Ensure commissioning specifications are incorporated into project Description of Services: Project Management
Refine and formalize project sustainability goals
201 Moffit Blvd.

MT. View, CA 94043
Phone: 408- 769- 6000
cumming- group. com
o Review Contractors safety plan
o Identify and facilitate procurement of long lead time equipment/ FF& E to avoid delays o Conduct weekly coordination meetings
o Prepare and distribute meeting minutes – track follow up on action items o Provide quality assurance to help ensure quality and compliance with the contract o Track progress of construction, including on-site observation o Provide weekly project update reports to the City’ s project manager o Continuously liaise with A/ E & Contractor
o Review and process contractor progress and payment applications o Track progress of construction, including on-site observation o Review test reports and identify areas of non- conformance o Assist Architect in preparation of responses to RFI’ s and Coordinate resolution of issues o Track and analyze potential Change order’ s
o Negotiate change order approvals
o Assist with Coordination of Public Utilities work
o Monitor schedule, especially for critical path, deliverables, and milestones. o Monitor correspondence, including Architect’ s approvals of shop drawings, product data and samples, as well as contractor RFIS.
o Analyze and provide recommendations to City on change orders and/ or claims if any. o Review Commissioning procedures
o Monitor General Contractor’ s reporting to DIR.

Close-Out
o Determine close- out procedures for the project at the start of construction o At completion of construction, walk punch list to confirm City shareholders requirements at agreed and confirm completion of all items.
o Confirm Contractor Certificates of Occupancy have been provided. o Obtain equipment and maintenance manuals from Contractor and have them train school staff on new equipment as needed.
o Review Commissioning reports at end of project
o Assist with collecting copies of all final warranties, and lien waivers. o Review final close out package including fully reviewed as-builts from Contractor and provide to the City.

SECTION 2 - SCOPE OF SERVICES FEES
Cumming’ s standard billing practice is based on time and materials, in which invoices are submitted monthly for hours expended on work performed the month prior. Utilizing this philosophy, we have found that Cumming’ s fee approach traditionally provides our clients with the most flexibility and cost effectiveness, as costs are only incurred based on the current needs of the owner.

Our hourly rate and proposed fees are valid for 30 days from the date of this proposal. If selected to provide project/ construction management services for the City. The rates are subject to change on a yearly basis starting on January 1, 2024.

Proposed Hourly Rates and As-Needed Services
Cumming proposes one Project Manager to oversee the Project Development, Preconstruction, Construction, and Close- out phases. Cumming is readily prepared to provide additional support staff and services on an as-needed basis, as well as a preventative measure to mitigate any unforeseen exposures that may impact project budget, schedule, and/ or quality, if and as required by the City. As such, Cumming provided hourly rates in the table below Approach To Scope Of Work
The following table delineates the typical services, tasks, and deliverables we provide in order to deliver projects successfully.

We also use this to internally monitor and ensure we are meeting expectations through our in-house processes.

Phase I – Pre-Design Phase II – Design Phase III – Construction, Closeout and Commissioning

INITIATION
Define scope and deliverables for PreDesign activities.Define and formalize scope, schedule, and deliverables for design.

Define operations and maintenance
preferences
Define scope, deliverables, and
milestones for construction
Define budget, and schedule
requirements

PLANNING
Develop work breakdown structure
Define progress reporting requirements
and establish protocol for routine
progress meetings, reports, and issue
tracking
Assist with or perform initial site visits
and requirements generation
Define stakeholders, prepare community
communications plan
Prepare schedule, define decision points
and milestones
Prepare budget/operating cash flow
projections, including spending
projections through all pleases
Define goals for project sustainability,
energy performance, etc.

Update schedule according to input from
the A/E Team
Refine and formalize project budget
Plan process for employee and/or public
involvement
Refine and formalize project
sustainability goals
Incorporate City of Cupertino design
standards into A&E requirements
Define communication to community
and City plans and actions.

Reach out and notify Public Utilities of
pending projects
Define progress reporting requirements
and establish
protocol for progress meetings, reports,
and issue tracking
Review contractor schedule to identify
critical path and
opportunities/ threats
Manage budget and validate costs
Prepare quality control/ assurance plan
Ensure commissioning specifications are
incorporated into project
Review Contractors safety plan
Identify and facilitate procurement of
long lead time equipment/ FF& E to avoid
delays

EXECUTING
Complete due diligence
Coordinate communications and
documentation of Project pre-design
activities
Review Conceptual Plan and project to
date
Collaborate with staff and advise on
project delivery system
Prepare Procurement Findings
Prepare RFQ documents for design and
general contractors ( CM/ GC, Design
Build, or Traditional)
Assist in Architect and Contractor
procurement and negotiation process
Evaluate sustainability goals and
opportunities, enroll project with Energy
Trust
Research and advise on sustainability
cost benchmarks and identify potential
grant funding or incentives
Organize and facilitate meetings with
stakeholders and the community and
make presentations
Conduct weekly project team meetings
Actively manage project cost
Prepare and distribute meeting minutes
Perform design and estimate review
sessions for SD, DD, and 50% CD
Facilitate value engineering
conversations, including developing a VE
log
Perform Constructability reviews
Assist with stakeholder outreach and
communications throughout community
Solicit third party contracts for the
projects
Evaluate costs associated with identified
sustainability benchmarks
Assist with permitting process for land
use and Building permits, as well as other
government agency approvals
Review and prepare bidding documents,
and assist in procurement
Continuously work with A/ E as City of
Cupertino’ s primary point of contact
Assist in bid analysis and selection for
General Contractor and/ or
subcontractors
Work with Utilities for planning and
approvals. Coordinate payment of fees.

Conduct weekly coordination meetings
Prepare and distribute meeting minutes
track follow up on action items
Provide quality assurance to help ensure
quality and compliance with the contract
Continuously liaise with A/ E &
Contractor
Issue monthly budget reports
Review and process contractor progress
and payment applications
Review test reports and identify areas of
non- conformance
Track progress of construction, including
on- site observation
Assist Architect in preparation of
responses to RFI’ s and coordinate
resolution of issues
Tract and analyze potential Change
order’ s
Negotiate change order approvals
Advise City of Cupertino of any special
consultants and testing by third parties
Assist with Coordination of Public
Utilities work
Phase I – Pre- Design Phase II – Design Phase III – Construction, Closeout and Commissioning
Assist with refinement of A/ E and GC
scope/ budgets during contract
negotiations as well as serving as a
resource in resolving any issues between
stakeholders.

Manage separate due diligence
contracts, if needed.

Interface with City Planning and
Engineering Departments regarding Land
Use review/ permits.

Continuously monitor correspondence
between the project team and
stakeholders.

Ensure design & technical spec continue
to meet user and stakeholder needs.

Track design issues and resolutions.

Track value engineering items, their
values, and the analysis and decision
points.

Continuously monitor schedule,
especially for critical path, deliverables,
and milestones.

Continuously monitor correspondence,
including Architect’ s approvals of stop
drawings, product data and samples, as
well as contractor RFIS.

Analyze and provide recommendations
to Centennial School District on change
orders and/ or claims if any.

CLOSING
Ensure receipt and sign-off all predesign.Ensure receipt and sign-off on all deliverables.

City of Cupertino
Scheduling Services
cumming-group.com 24
Scheduling Philosophy & Approach
Scheduling Methodology
Cumming is skilled in all aspects of scheduling. Our experts are capable of conducting cursory schedule reviews,
preparing and updating master program and detailed
project schedules, as well as as-built schedules for forensic analysis purposes. This expertise is described in further detail below.

Schedule Analysis
The underlying foundation of schedule management rests
on the Critical Path Method (CPM) schedule. Our team has built thousands of CPM schedules and understands how
they can be manipulated by the underlying adjustments to floats, leads and lags, duration adjustments, alterations in logic, and constraints.

We are experts in schedule management and forensic
schedule analysis. We have declared experts in construction schedule delay and we provide this analysis on a daily basis as a part of our litigation support services. We define and represent delays and disruptions in schedules and reflect what the impacts are and how they can be mitigated. We
are well versed in seeing and exposing delays, disruptions and hidden acceleration in schedules and we analyze them for the overall impact and expected cost.

Schedule Communication and Reporting
Our schedules are updated regularly— never less than
once per month; generally more frequently and any delays are identified and communicated to all parties at the next regularly scheduled management update meeting. As a
matter of course, we use the schedule as the primary tool to inform our clients of the critical deadlines the team is working towards. Schedules are prepared simply and in
both detail and roll-up forms for ease of understanding and use.

Schedule Maintenance
We believe that a schedule is only valuable if the progress is measured and evaluated against an agreed baseline.

Schedules should serve not only as a historical view of a project at a particular moment in time, but as a management tool that should be used to evaluate and drive results. We provide project status reporting services for our clients that include the actual validation of the stated condition of their schedules. We report the results and evaluate current performance against baseline goals. Changes typically
impact the schedule. We have tremendous experience
incorporating changes into our schedules and in quickly identifying net impacts. We also evaluate changes to
determine whether these impacts affect the critical path or whether they are ancillary and, thus, may not cause a delay in project completion. We provide our clients with mitigation options should changes impact the timely completion of a project.

Schedule Creation
Our schedules are created by professionals skilled in both forensic and forward scheduling, a unique differentiator that enables Cumming to foresee and mitigate schedule conflicts before they arise. Cumming begins each scheduling
assignment by first gaining a fundamental understanding of project scope. Following a top down approach, we identify and incorporate critical milestones, ensure adherence to overarching project parameters, and analyze component
relationships. Requirements are then reviewed forwards and backwards to ensure that all project elements have been considered and are in sync.

Schedule Management
We assist our clients in the development of the Design
Work Plan in concert with the actual in-place design teams.

Our staff have managed the design development process
for clients, which allows us to have a ‘real world’ perspective on the effort required, the relevant and necessary
milestones, and a focus on developing a pre-construction/ design schedule. In addition, we provide management and oversight of the schedule during construction, ensuring goals are met and completed according to the timeline.

Approach to Phasing
When it comes to project phasing, understanding the
process and impacts of construction is as important as
quantifying the elements of construction. Looking at the project from an owner’s perspective is crucial. Will phasing impact the current operations? Is there a better way to achieve the project goal through alternative phasing
schemes? These questions, and more, must be asked during phasing analysis for the project. Cumming team members
have the proven experience required to determine the
impacts to your schedule and budget, and bring the most value to your project. Schedules should not only serve as an overall view of a project at a particular moment in time, but as a management tool that should be used to evaluate and drive results.

It takes a team
THAT ANTICIPATES AND MITIGATES RISK.

City of Cupertino
Scheduling Services
cumming-group.com 25
CPM and Pull Planning Integration
Approach
Cumming has developed a Schedule Approach for the project that is rooted in a lean delivery method of minimizing waste through effective planning. This document will serve to outline that approach to achieve the following goals:

Integrate and Align CPM and Pull Planning
Minimize redundancy and focus on throughput time
Maintain 1:1 relationship
Minimize opportunity for process breakdown
Leverage technology ( software) to do what each does best Trade Partner involvement in entire process
OFE & LLE Process for prefabrication
Clean executable, repeatable, cost effective
Historically accurate for ABC Metrics for continuous improvement CPM high-level planning is needed for coordination between designers, construction trades, vendors, and the owner at a high level. Pull Planning is needed to maximize the team’s production on a day-to-day basis. Both processes are more effective and minimize waste best when they are used in a manner that allows each system to complement the other.

City of Cupertino
Scheduling Services
cumming-group.com 26
Figures 3 and 4 below are from a current ski resort development current utilizing Cumming for schedule monitoring services.

The project is currently on schedule; however, the project was at risk to miss a major turnover milestone for the coming winter ski season. Figure 3 shows the path to the ski easement turnover and the -28 day delay to turnover milestone, - 3 days past the required date. Analysis of the schedule and work in place indicate that the delays to this point are the responsibility of the General Contractor, except for 3-day of weather. After review of the delay allocation, and discussions with the general contractor, means of mitigating the delay were incorporated into the schedule for an on-time delivery of the ski slope.

Figure 8 shows the Step Analysis for the entire project and the calculated schedule risk due to Float Erosion, Compression and Schedule Delay. We calculate Schedule Risk as a combination of Schedule Compression, Schedule Delay and Float to give early visibility of areas of the project add risk to the project. As shown in this example, the project is still on schedule, however the Finishes show 54 workdays of compression, with 0 days of float. Similarly, Drywall shows 42 workdays of compression, however as it has 6 days of float, the risk to the project, if the contractor fails to complete the work in a compressed period, is 36 days.

City of Cupertino
Cost Management
ccorpusa.com
Methodology and technology for estimating.

The delivery of each project on-budget, on-schedule,
and on-quality is our primary goal for every client. This means much more than administering a project through
weekly site visits, attending meetings, and taking notes.

Cumming’ s project managers proactively lead, challenge, motivate and direct teams to generate superb results that save money and time, mitigate risk, and achieve our clients’ delivery goals. We are advocates for our clients and we take great pride and ownership in everything we do. We
are pro-active leaders and ensure that the documents
used to manage the process are clearly incorporated in the contracts with consultants and the contracting community.

Setting expectations upfront and early is a key to a project’s success.

The Cumming approach is founded on principal
involvement, and our staffing plans vary from project to project and adjust to meet the needs of our clients and the project’s specifics. All projects are led by an executive ( VPlevel), and supported by a day-to-day Project Manager and Cost Manager who will be intricately involved in the project from inception through completion. As projects of this
type always have ups and downs in terms of involvement, the dedicated team is supported by localized resources of dedicated project, cost, and schedule management staff to drive our overall efforts and meet tight impactful deadlines.

One of our immediate tasks upon engagement is to set up a project governance structure that encourages efficient, thoughtful, and proactive decision- making. This governance structure guides not only the relationship between
Cumming and ownership, but the entire project relationship for all other consultants, including but not limited to the architect, construction manager ( CM), engineers, and
FF&E and specialty consultants. It takes into account the corporate structure of clients, the key internal and external stakeholders that must be engaged, and establishes a
workflow cadence that is agreed upon at the outset of a project.

We look to manage the relationship with the Client as a partnership, with the executive driving this at the corporate level, and the cost management lead on a day-to-day level.

Continuous improvement is rooted in our DNA, and beyond advocating daily feedback, the Cumming executive will
participate in a monthly meeting with the Client’s lead and our team lead. On a quarterly basis, an independent review will happen in the form of a one-page feedback session.

Cumming also worked with clients to establish project
KPI’s, and in doing so, we emphasize the word key – it
has to be essential to achieve the aim of project delivery with compliance. During quarterly reviews, the KPIs are systematically measured and reported on. On an annual
basis we reevaluate with the Client what is the key that really makes a difference and realign with the needs of the program. KPIs cannot be static, they adjust as projects evolve. When required, pull together a specialist “ task force” of team members that are highly well-versed in a particular aspect of the project – from an understanding of the local market, to the specifics of MEP estimating, to negotiating skills with subcontractors.

City of Cupertino
Cost Management
ccorpusa.com
U. S. CONSTRUCTION MARKET
MARKET SNAPSHOT Q4 - 2019

NEW YORK, NY
Construction in NYC is continuing to slow down, with seeing a yearly low back in April. As mentioned in our last projections expecting this to continue into 2022. 2019 has report, new legislation has come into force with regards to seen a large drop in the residential markets; however, in 2020, health and safety, particularly the reporting of incidents, and Total Construction Market Volume by Sector ( x $1m, Nominalized 2012$) Annual Volume (x$1m, 2012$) This includes religious buildings, amusement, government communications and public recreation projects.

Construction Spending Index 2010-2021 ( 2010=1.0)
Pre-Construction Phase Methodology
During the pre-design and design phases, our team will
confer with your staff concerning specific project goals relative to project scope, project budget, project schedule, design concepts, and quality as a basis for formulating a detailed development plan for the project.

One of the main objectives during this period is to provide a conceptual cost budget and a preliminary “ Critical Path Method” development schedule for the project. Cumming
will also assist the design team with the evaluation of proposed systems, equipment and materials, and will advise you on alternatives to optimize cost effectiveness, quality standards and system life cycle costs and benefits ( value engineering).

Budget and Cost Management
In order to provide reliable cost management services, a thorough understanding of the global, national, and local markets for such specific drivers as material commodities, availability and cost, as well as labor availability and cost—which can and do affect the cost of a project—must be tracked and known. Cumming starts by developing a
crew-based database system that utilizes current local
labor rates, workers compensation, sales tax, subcontractor mark-ups, equipment pricing, material pricing, adjustments for productivity, core inflation, access to materials, and other special circumstances. Our internal economist continuously tracks global, national, and regional trends on a monthly basis, including U.S. dollar exchange rates, energy costs, global demand, construction volume, labor availability, and material costs. This is further enhanced by our program- or project- specific local market study, which is used to develop data specific to the program or project.

Cumming adheres to the following guidelines of good cost management:

A thorough understanding of the project goals, deadlines, and scope: Cumming works with the client at the earliest phases of the project in order to thoroughly understand the goals for the project, the constraints and milestones that need to be met, and the scope of work to be delivered.

Detailed early design estimates: Cumming works with the project team early in the design process to develop detailed cost plans across all divisions of work, thereby reducing or eliminating the use of cost-per-square-foot or lump-sum line items whenever possible. By working with the team
to provide detailed line items and budgets, this allows Cumming to guide the team throughout design following an established cost plan in order to make informed decisions.

Proactive participation through the life of the project:

Using the established cost plan, Cumming works with the project team throughout design, listening in on interim team meetings and stepping in when changes occur that alter the agreed upon cost plan. This interim participation reduces or eliminates the surprises that come with milestone cost estimating when final design plans come out, saving the project both time and money.

Value management/ cost trade-offs during the life of the project: Value management is not only helpful when a
project needs to cut costs. Cumming’ s cost management
team constantly looks for opportunities to add value to projects by utilizing cost trade-off analysis through material substitutions, alternate means or methods, and life-cycle cost analysis.

Continued assistance through the bid phase and
construction: Getting a project to the contractor does not guarantee success. Cumming has extensive experience
working with the project team to evaluate contractor
bidding, schedule of values, buyout strategy, and change orders to keep the project on track.

Keeping an eye on the total project costs at all times:

Delivering construction costs on budget is only part of the solution. If the construction budget is met but the other budgets are not, the project does not succeed. Cumming’ s cost management team has extensive experience both
budgeting and managing the total project costs for our
clients.

Estimate Development
Upon completion of the quantity take-off, market analysis, and collection of local pricing data, Cumming’ s estimators input the data into our estimating system. Cumming sets up the estimate Work Breakdown System ( WBS) to best
accommodate the needs of the project and to match
the formats of other project estimates. Project general conditions, general requirements, mark-ups, contingencies, and escalation factors are added as required to provide a complete, total estimated construction cost.

City of Cupertino
Cost Management
ccorpusa.com
Estimate QA/QC
Once the estimating data has been compiled into the
estimating system, the estimate is thoroughly reviewed
by the estimating team, the project manager, the vertical project leader, and an independent reviewer. A detailed review and comparison of gross floor areas, comparisons with similar projects or similar scopes of work and previous phase estimates are performed to ensure accuracy. Areas of difference between previous estimates are identified and documented in our variance reports.

Publish Estimate
Upon completion of our internal QA/QC process, the
estimate is published and distributed to the project delivery team.

Estimate Review with Project Team
Upon completion and delivery of the estimate, the Cumming estimating team will meet with the project delivery team to thoroughly review the estimate detail, costs, assumptions, and allowances to ensure the estimate is a complete
representation of both the documents and the intent of the design. Any identified changes and adjustments will be
made, and a final revised estimate will be published.

Estimate Reconciliation
Cumming’ s cost management group will review and provide a detailed comparison between our estimates and the
estimates prepared by others (design team, CM, and other independent estimators). We will identify areas of difference and meet with the project delivery team and other
estimators to thoroughly review the estimates, assumptions, and areas of difference. Working with the team, we will reconcile our estimate with the other parties’ estimates on a detailed, division by division level. This detailed reconciliation ensures that all parties are on the same page and possess a thorough understanding of the project. This helps eliminate unknowns and incorrect assumptions that often lead to cost creep later in the project. Upon completion of reconciliation, we will make required modifications and re-issue the estimate along with a summary report of the reconciliation.

Cumming’ s proactive cost management approach assures
our clients that they are getting the most value for their invested dollar, accurate pricing based upon local market analysis and understanding of the national economy, and a proven process that is timeless and delivers the goals and objectives set by the project owner—on time, on
budget, and within the quality standards established at the beginning of the project.

Exceeding Expectations
Cumming’ s approach to managing the team rests on a
foundation of effective communication and teamwork. To
facilitate this approach, we clearly define the roles and responsibilities of all parties at the start of the project so that everyone has an opportunity to meet expectations.

During the design phase each discipline lead must attend design phase progress meetings which are typically
scheduled on a weekly basis. Representatives are held
accountable for assigned action items based on due dates tracked to the overall design phase milestone schedule.

Weekly meeting minutes are distributed timely and followup on action items occurs in advance of the next meeting to keep progress on track. We work closely with all consultants to ensure that each team participant is performing
according to the expectations of the Owner and meeting the terms of the contract.

City of Cupertino
Cost Management
ccorpusa.com
Software for Cost Control, Forecasting, and
Reporting
Estimating
Cumming is extremely adept in all technology- based
measurement and estimating systems. Dependent upon our
client’s preferences, we easily adapt to new software and enlist an internal champion to ensure our team members
are well trained and comfortable within the systems. Our current in-house tools for measurement and estimating
include OST, Bluebeam, CostX, Destini Estimator, and
D-Profiler.

Project Controls
The software programs used by Cumming are comprised
of industry-leading collaborative systems including the following programs:

We reduce risk and uncertainty by
providing solutions to benefit our
clients.

CAPP Analytics and our project
controls solutions provide the
following benefits:

Better project visibility from enterprise aspect
Standardization of best practices
Predictable outcomes that enable corrective
actions
Prolog
Procure
Proliance
e-Builder
PM Web
Unifier
Encouragement of “top down” viewpoint of
project success/issues
Earlier anticipation = greater impact on
We also have in-house proprietary software: CAPP
Analytics, which we use for Project Controls, and CAPP
Database, which we use for benchmarking. We also have
in-house software engineers that help us develop IT
solutions for our clients and manage continued development of our proprietary systems to suit clients’ needs. Our
flexibility in the use of these informational systems allows complete agility to interface with and meet our clients’ requirements.

We have our own in-house software developer, Jorge
Aulestia De Faria who, along with his team, has developed a number of software systems for Cumming’ s use and
more, specifically for some of our leading clients. Cumming provides this enhanced level of support to our clients, along with database assistants to work with our Quantity Surveying and Estimating team.
controlling costs and schedule
Informed decision-making and transparency
Integration with your culture
Improved collaboration
Enables “what-if” scenario planning
Generates cost savings
KPI Overview Building 36- A Upgrade
Budget Committed Balance
110. 3M $ 38. 8M $ 71. 5M

CITY OF CUPERTINO

MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER NO.

Master Agreement Contract #: MA Date:

Maximum Compensation:

Consultant: Firm Name:

Address:

Contact: Ph:

Project Name:

Description: ( simple project description if appropriate) Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation
City Project Management
Managing Department: Public Works Project Manager:

Fiscal/ Budget :

SO Acc't #: PO #:

Project #: Date:

Approvals Signatures:

Date:

Date:

Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature City Finance: Date:

Encumbrance this Service Order:

MA End Date:

Consultant/
Contractor
Manager/
Supervisor:

Management Analyst
Master Agreement Maximum Compensation:

Master Agreement Unencumbered Balance:

Total Previously Encumbered to Date:

City of Cupertino Master Agreement Service Order 191002 Exhibit B
n
Choose
Insurance Requirements for Professional/ Specialized Services Agreement
1 Version: Jan. 2022
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance and results of the Services hereunder by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (“ ISO”) Form CG 00 01 covering CGL on an “ occurrence” basis, including products and completed operations, contractual liability, property damage, bodily injury, and personal and advertising injury with limits no less than $ 2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project ( ISO CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be ( 1) the minimum coverage/ limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor' s policy shall be " primary and noncontributory," will not seek contribution from City’ s insurance/ self-insurance, and shall be at least as broad as ISO CG 20 10 04 13
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’ s own insurance or self-insurance shall be called upon to protect City as a named insured.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or, if Contractor has no owned autos, then hired autos ( Code 8) and non-owned autos ( Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’ s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.

Not required if Contractor provides written verification it has no employees).

4. Professional Liability. Insurance which includes coverage for professional acts, errors and omissions, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate ( ifapplicable).

If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and higher insurance limits maintained by Contractor.

OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not

EXHIBIT C
Insurance Requirements
Professional/ Specialized Services Agreement
Insurance Requirements for Professional/ Specialized Services Agreement
2 Version: Jan. 2022
available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used.

Primary Coverage
For any claims related to this Contract, the Contractor’ s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Contractor’ s insurance and shall not contribute toit.

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
Contractor grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
City may approve self-insured retentions and require proof of Contractor’ s ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurers must be acceptable to City and licensed to do business in California, and each insurer must have an A.M. Best’ s financial strength rating of “A” or better and a financial size rating of “VII” or better.

Claims Made Policies ( applicable only to professional liability) If any of the required policies provide coverage on a claims- made basis:

1. The Retroactive Date must be shown and must be before the Effective Date of the Contract.

2. Insurance must be maintained for at least five (5) years after completion of theServices.

3. 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 Contractor must purchase “ extended reporting” coverage for a minimum of five (5) years after completion of theServices.

Verification of Coverage
Contractor shall furnish the City with acceptable original 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 to City prior to commencing the Services. City retains the right to demand verification of compliance at any time duringthe Contract.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Insurance coverage shall not limit Contractor’ s duties to indemnify, defend and hold City harmless. City reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.

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

ANYPROPRIETOR/ 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) NUMBERTYPEEFFPOLICYPOLICY 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
12/28/2022
Marsh & McLennan Agency LLC
Marsh & McLennan Ins. Agency LLC
1 Polaris Way #300
Aliso Viejo CA 92656
Stephanie Holly
occerts@marshmma. com
License#: 0H18131 The Continental Insurance Company 35289 CUMMIGROUP Berkshire Hathaway Specialty Ins Co 22276CummingManagementGroup, Inc. 25220 Hancock Avenue
Suite 440
Murrieta CA 92562
1853529307
A X 1,000, 000
X 1,000, 000
15,000
1,000, 000
2,000, 000
X
Y Y 6056835935 12/ 31/2022 12/ 31/2023
2,000, 000
A 1,000, 000
X
X X
Y Y 6056835949 12/ 31/2022 12/ 31/2023
A X X 2022N 000N602087948712/ 31/ 12/ 31/2023 5,000,
5,000, 000
X
5,000
A
A
X
N
Y 6056835952
6056835966
12/ 31/2022
12/ 31/2022
12/ 31/2023
12/ 31/2023
1,000, 000
1,000, 000
1,000, 000
B Professional E&O
Retro 11/ 07/2006
N N 47EPP31356503 12/ 31/2022 12/ 31/2023 Per Claim
Policy Aggregate
Retention
5,000, 000
5,000, 000
250,000
City of Cupertino, its City Council, boards and commissions, officers, employees and volunteers are named as Additional Insured on General Liability, per the attached endorsement CNA75079XX ( 1-15); Automobile Liability per the attached endorsement CNA71527XX ( 10-12); and Umbrella Liability per the attached endorsement CNA75504XX ( 03-2015). General Liability Insurance is Primary and Non- Contributory, per the attached endorsement CNA75079XX ( 1-15).

Waiver of Subrogation applies on General Liability, per the attached endorsement CNA74879XX ( 1-15); Auto Liability, per the attached endorsement CA 04 44 10 13; Umbrella Liability per the attached endorsement CNA75504XX ( 03-2015); and Workers Compensation, per the attached endorsement G-19160-B. 30 days Notice of Cancellation for non- payment of premium applies per the attached endorsement CNA75014XX ( 01-2015).

City of Cupertino
10300 Torre Ave.

Cupertino CA 95014-0000
Workers Compensation And Employers Liability Insurance
Policy Endorsement

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule
Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement.

The premium charge for the endorsement is reflected in the Schedule of Operations.

All other terms and conditions of the policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.

Form No: WC 00 03 13 (04-1984)
Copyright 1983 National Council on Compensation Insurance.

INSURED:

POLICY #: POLICY PERIOD: TO
Cumming Management Group, Inc.
20226056835952 202312/ 31/ 12/31/
Workers Compensation And Employers Liability Insurance
Policy Endorsement

BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
This endorsement changes the policy to which it is attached.

It is agreed that Part One - Workers’ Compensation Insurance G. Recovery From Others and Part Two - Employers’ Liability Insurance H. Recovery From Others are amended by adding the following:

We will not enforce our right to recover against persons or organizations. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations
The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%.

All other terms and conditions of the policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.

Form No: G-19160- B ( 11-1997)
Copyright CNA All Rights Reserved.

INSURED:

POLICY #: POLICY PERIOD: TO
Cumming Management Group, Inc.
20236056835952 12/ 31/ 2022 12/ 31/
Business Auto Policy
Policy Endorsement

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US ( WAIVER OF SUBROGATION)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured:

Endorsement Effective Date:

SCHEDULE
Name( s) Of Person( s) Or Organization( s):

ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person( s) or organization( s) shown in the Schedule, but only to the extent that subrogation is waived prior to the " accident" or the " loss" under a contract with that person or organization.

Form No: CA 04 44 10 13
Copyright Insurance Services Office, Inc., 2011
Endorsement No: 7; Page 1 of 1
Underwriting Company: Continental Casualty Company, 151 N Franklin St., Chicago, IL 60606 INSURED:

POLICY #: POLICY PERIOD: TO
Cumming Management Group, Inc.
6056835935 12/31/2022 12/31/2023
Cumming Management Group, Inc.

INSURED:

POLICY #: POLICY
PERIOD: TO:

ADDITIONAL INSURED – PRIMARY AND NON-CONTRIBUTORY
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:

SCHEDULE

1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II – LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy.

2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the accident” for which the additional insured seeks coverage under this policy.

All other terms and conditions of the Policy remain unchanged.

CNA71527XX (10-12)

CNA All Rights Reserved.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS
Cumming Management Group, Inc.
20226056835949202312/ 31/ 12/31/

CNA PARAMOUNT
General Liability Extension Endorsement
It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply.

TABLE OF CONTENTS

1. Additional Insureds

2. Additional Insured - Primary And Non-Contributory To Additional Insured’ s Insurance

3. Bodily Injury – Expanded Definition

4. Broad Knowledge of Occurrence/ Notice of Occurrence

5. Broad Named Insured

6. Estates, Legal Representatives and Spouses

7. Expected Or Intended Injury – Exception for Reasonable Force

8. In Rem Actions

9. Incidental Health Care Malpractice Coverage

10. Joint Ventures/ Partnership/ Limited Liability Companies

11. Legal Liability – Damage To Premises

12. Medical Payments

13. Non-owned Aircraft Coverage

14. Non-owned Watercraft

15. Personal And Advertising Injury – Discrimination or Humiliation

16. Personal And Advertising Injury - Contractual Liability

17. Property Damage - Elevators

18. Supplementary Payments

19. Unintentional Failure To Disclose Hazards

20. Waiver of Subrogation – Blanket
CNA74879XX ( 1-15)

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INSURED:

POLICY #: POLICY PERIOD: TO
Cumming Management Group, Inc.
6056835935 12/ 31/ 2022 12/ 31/2023

CNA PARAMOUNT
General Liability Extension Endorsement

1. ADDITIONAL INSUREDS
a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement:
1) is currently in effect or becomes effective during the term of this Coverage Part; and 2) was executed prior to:
a) the bodily injury or property damage; or
b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage.
b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
1) a higher limit of insurance than required by such contract or agreement; or 2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below.

Any coverage granted by this endorsement shall apply only to the extent permissible by law.

A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization’ s liability for bodily injury, property damage or personal and advertising injury arising out of:

1. such person or organization’ s financial control of a Named Insured; or

2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

B. Co-owner of Insured Premises
A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner’ s liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises.

C. Grantor of Franchise
Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization’ s liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured.

D. Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured’ s maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.

CNA74879XX ( 1-15)

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA PARAMOUNT
General Liability Extension Endorsement
E. Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

F. Lessor of Premises
An owner or lessor of premises leased to the Named Insured, or such owner or lessor’s real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

G. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver’ s liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured’ s ownership, maintenance, or use of a premises by a Named Insured.

The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

H. State or Governmental Agency or Subdivision or Political Subdivisions – Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such state or governmental agency or subdivision or political subdivision’ s liability for bodily injury, property damage or personal and advertising injury arising out of:

1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies:
a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or

2. the permitted or authorized operations performed by a Named Insured or on a Named Insured’ s behalf.

The coverage granted by this paragraph does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products- completed operations hazard.

With respect to this provision’ s requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured.

CNA74879XX ( 1-15)

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CNA PARAMOUNT
General Liability Extension Endorsement
I. Trade Show Event Lessor

1. With respect to a Named Insured’ s participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization’ s liability for bodily injury, property damage or personal and advertising injury caused by:
a. the Named Insured’ s acts or omissions; or
b. the acts or omissions of those acting on the Named Insured’ s behalf, in the performance of the Named Insured’ s ongoing operations at the trade show event premises during the trade show event.

2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products- completed operations hazard.

J. Vendor
Any person or organization but only with respect to such person or organization’ s liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization' s business, provided that:

1. The coverage granted by this paragraph does not apply to:
a. bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement;
b. any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
e. any failure to make any inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
f. demonstration, installation, servicing or repair operations, except such operations performed at the such person or organization’ s premises in connection with the sale of a product; g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or h. bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
1) the exceptions contained in Subparagraphs d. or f. above; or 2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.

2. This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products.

CNA74879XX ( 1-15)

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA PARAMOUNT
General Liability Extension Endorsement

3. This Paragraph J. also does not apply:
a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily injury or property damage included within the products-completed operations hazard is excluded by endorsement to this Coverage Part.

K. Other Person Or Organization
Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured’s acts or omissions.

The coverage granted by this paragraph does not apply to any person or organization:

1. for bodily injury, property damage, or personal and advertising injury arising out of the rendering or failure to render any professional service;

2. for bodily injury or property damage included within the products-completed operations hazard; nor

3. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part.

2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED’S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph:

If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and noncontributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured.

B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence is added to the paragraph above:

Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization.

3. BODILY INJURY – EXPANDED DEFINITION
Under DEFINITIONS the definition of bodily injury is deleted and replaced by the following:

Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease.

4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE
Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following:

A. BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer’s authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice.

B. NOTICE OF OCCURRENCE
CNA74879XX ( 1-15)

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CNA PARAMOUNT
General Liability Extension Endorsement
The Named Insured’s rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured’s reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim.

5. BROAD NAMED INSURED
WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following:

3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control:
a. on the effective date of this Coverage Part; or
b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance.

But this BROAD NAMED INSURED provision does not apply to:
a) any partnership, limited liability company or joint venture; or b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part.

For the purpose of this provision, management control means:

A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust.

4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to:
a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor
b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases.

5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business- as names ( dba) as any Named Insured should choose to employ.

6. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES
The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person' s capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses’ acts, errors or omissions in the conduct of the Named Insured’ s business.

CNA74879XX ( 1-15)

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA PARAMOUNT
General Liability Extension Endorsement

7. EXPECTED OR INTENDED INJURY – EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following:

This insurance does not apply to:

Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.

8. IN REM ACTIONS
A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured.

9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE
Solely with respect to bodily injury that arises out of a health care incident:

A. Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following:
b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured’s primary business purpose, and only if:
1) such bodily injury is caused by an occurrence that takes place in the coverage territory. 2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and
B. Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to:
i. add the following to the Employers Liability exclusion:

This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured ( or which would have been available but for exhaustion of its limits).
ii. delete the exclusion entitled Contractual Liability and replace it with the following:

This insurance does not apply to:

Contractual Liability
the Insured’s actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees.
iii. add the following additional exclusions.

This insurance does not apply to:

Discrimination
any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual’s race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation.

CNA74879XX ( 1-15)

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CNA PARAMOUNT
General Liability Extension Endorsement
Dishonesty or Crime
Any actual or alleged dishonest, criminal or malicious act, error or omission.

Medicare/ Medicaid Fraud
any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program.

Services Excluded by Endorsement
Any health care incident for which coverage is excluded by endorsement.

C. DEFINITIONS is amended to:
i. add the following definitions:

Health care incident means an act, error or omission by the Named Insured’ s employees or volunteer workers in the rendering of:
a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received.

Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required:
a. Physician;
b. Nurse;
c. Nurse practitioner;
d. Emergency medical technician;
e. Paramedic;
f. Dentist;
g. Physical therapist;
h. Psychologist;
i. Speech therapist;
j. Other allied health professional; or
Professional health care services does not include any services rendered in connection with human clinical trials or product testing.
ii. delete the definition of occurrence and replace it with the following:

Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence;
iii. amend the definition of Insured to:
a. add the following:
the Named Insured’ s employees are Insureds with respect to:

CNA74879XX ( 1-15)

Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.

CNA PARAMOUNT
General Liability Extension Endorsement
1) bodily injury to a co-employee while in the course of the co-employee’ s employment by the Named Insured or while performing duties related to the conduct of the Named Insured’ s business; and
2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured’ s business;
when such bodily injury arises out of a health care incident. the Named Insured’ s volunteer workers are Insureds with respect to:
1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured’ s business; and
2) bodily injury to an employee while in the course of the employee’ s employment by the Named Insured or while performing duties related to the conduct of the Named Insured’ s business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs ( a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. c. add the following:

Insured does not include any physician while acting in his or her capacity as such.

D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following:

Other Insurance
b. Excess Insurance
1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage.

10. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following:

No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that:
a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company.

11. LEGAL LIABILITY – DAMAGE TO PREMISES
A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph ( 6) of the Damage to Property exclusion and replace it with the following:

Paragraphs ( 1), (3) and ( 4) of this exclusion do not apply to property damage ( other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the CNA74879XX ( 1-15)

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owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days.

A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE.

B. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following:

Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days.

A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section.

C. LIMITS OF INSURANCE is amended to delete Paragraph 6.( the Damage To Premises Rented To You Limit) and replace it with the following:

6. Subject to Paragraph 5. above,( the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to:
a. any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner; and
b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive days.

The Damage To Premises Rented To You Limit is $200,000. unless a higher Damage to Premises Rented to You Limit is shown in the Declarations.

D. The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(ii), and replace it with the following:
ii) That is property insurance for premises rented to a Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured’ s care, custody or control;
E. This Provision 11. does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part.

12. MEDICAL PAYMENTS
A. LIMITS OF INSURANCE is amended to delete Paragraph 7.( the Medical Expense Limit) and replace it with the following:

7. Subject to Paragraph 5. above ( the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C - Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of:
1)$ 15,000 unless a different amount is shown here:; or 2) the amount shown in the Declarations for Medical Expense Limit.

B. Under COVERAGES, Coverage C – Medical Payments, the Insuring Agreement is amended to replace Paragraph 1.a.(3)(b) with the following:
b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and

13. NON-OWNED AIRCRAFT
Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows:

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The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following:

This exclusion does not apply to an aircraft not owned by any Named Insured, provided that:

1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot;

2. the aircraft is rented with a trained, paid crew to the Named Insured; and

3. the aircraft is not being used to carry persons or property for a charge.

14. NON-OWNED WATERCRAFT
Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph ( 2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following.

This exclusion does not apply to:
2) a watercraft that is not owned by any Named Insured, provided the watercraft is:
a) less than 75 feet long; and
b) not being used to carry persons or property for a charge.

15. PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort:

Discrimination or humiliation that results in injury to the feelings or reputation of a natural person.

B. Under COVERAGES, Coverage B – Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to:

1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following:

This insurance does not apply to:

Knowing Violation of Rights of Another
Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of:
a) the Named Insured; or
b) any executive officer, director, stockholder, partner, member or manager ( if the Named Insured is a limited liability company) of the Named Insured.

2. add the following exclusions:

This insurance does not apply to:

Employment Related Discrimination
discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured.

Premises Related Discrimination
discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured.

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Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination.

The coverage provided by this PERSONAL AND ADVERTISING INJURY – DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSUREDS of this endorsement; or attachment of an additional insured endorsement to this Coverage Part.

16. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B – Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following:

This insurance does not apply to:

Contractual Liability
Personal and advertising injury for which the Insured has assumed liability in a contract or agreement.

This exclusion does not apply to liability for damages:
1) that the Insured would have in the absence of the contract or agreement; or 2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract. Solely for the purpose of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of personal and advertising injury provided:
a) liability to such party for, or for the cost of, that party's defense has also been assumed in such insured contract; and
b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged.

B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety, and replace it with the following:

Insured contract means that part of a written contract or written agreement pertaining to the Named Insured’ s business under which the Named Insured assumes the tort liability of another party to pay for personal or advertising injury arising out of the offense of false arrest, detention or imprisonment. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.

C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS – COVERAGES A AND B:

1. Paragraph 2.d. is replaced by the following:
d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee;

2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following:

So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer’ s request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.(2) of the Contractual Liability exclusion ( as amended by this Endorsement), such payments will CNA74879XX ( 1-15)

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not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance.

D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B –Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part.

17. PROPERTY DAMAGE – ELEVATORS
A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs ( 3),( 4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.

B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE – ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph:

This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators.

18. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended as follows:

A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and
B. Paragraph 1.d. is amended to delete the limit of $ 250 shown for daily loss of earnings and replace it with a 1,000. limit.

19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured’s Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.

20. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the Transfer Of Rights Of Recovery Against Others To Us Condition is amended to add the following:

The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of:

1. the Named Insured’s ongoing operations; or

2. your work included in the products-completed operations hazard.

However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement:

1. is in effect or becomes effective during the term of this Coverage Part; and

2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim.

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

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Workers Compensation And Employers Liability Insurance
Policy Endorsement

TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page.

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us.

This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

The premium for this endorsement is shown in the Schedule.

Schedule

1. Specific Waiver
Name of person or organization
X Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.

2. Operations: All Texas Operations

3. Premium:

The premium charge for this endorsement shall be 2% percent of the premium developed on payroll in connection with work performed for the above person( s) or organization( s) arising out of the operations described.

4. Advance Premium: Refer to Schedule of Operations
All other terms and conditions of the policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.

Form No: WC 42 03 04 B ( 06-2014)
Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved.

INSURED:

POLICY #: POLICY PERIOD: TO
Cumming Management Group, Inc.
6056835952 12/31/2022 12/ 31/ 2023
It is understood and agreed that:

If the Named Insured has agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if the Insurer cancels a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate holders at least 30 days in advance of the date cancellation is effective.

If notice is mailed, then proof of mailing to the last known mailing address of the Certificate holder on file with the Agent of Record will be sufficient to prove notice.

Any failure by the Insurer to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon the Insurer or the Agent of Record.

All other terms and conditions of the policy remain unchanged.

Copyright CNA All Rights Reserved.

This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date ( the Endorsement Effective Date) is shown below, and expires concurrently with said policy.

POLICYHOLDERNOTICE – COUNTRYWIDE
INSURED:

POLICY#: POLICY PERIOD: TO:

Cumming Management Group, Inc.
20226056835935 202312/ 31/ 12/ 31/
Cumming Management for Project/Construction
Management Services and Strategic Advisory
Services
Final Audit Report 2023- 08-29
Created: 2023- 08-29
By: City of Cupertino ( webmaster@cupertino. org)
Status: Signed
Transaction ID: CBJCHBCAABAAsXpY1O1wY5q6fOL- wGezzqJaEeVB7Xgr Cumming Management for Project/Construction Management S ervices and Strategic Advisory Services" History
Document created by City of Cupertino ([email protected]) 2023- 08- 29 - 0:49:58 AM GMT- IP address: 35.229. 54.2 Document emailed to Julia Kinst ([email protected]) for approval 2023- 08- 29 - 0:54:22 AM GMT
Document approved by Julia Kinst ( juliak@cupertino. org) Approval Date: 2023- 08-29 - 0:55:15 AM GMT - Time Source: server- IP address: 98.97.57.2 Document emailed to Araceli Alejandre ([email protected]) for approval 2023- 08- 29 - 0:55:18 AM GMT
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2023- 08- 29 - 4:29:58 PM GMT- IP address: 104. 47.73.126 Signer [email protected] entered name at signing as Christopher D. Jensen 2023- 08- 29 - 4:30:12 PM GMT- IP address: 64.165. 34.3 Document e-signed by Christopher D. Jensen ([email protected]) Signature Date: 2023- 08-29 - 4:30:14 PM GMT - Time Source: server- IP address: 64.165. 34.3 Document emailed to Jimmy Tan ([email protected]) for signature 2023- 08- 29 - 4:30:17 PM GMT
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Signature Date: 2023- 08-29 - 4:32:24 PM GMT - Time Source: server- IP address: 64.165. 34.3 Document emailed to Kirsten Squarcia ( kirstens@cupertino. org) for signature 2023- 08- 29 - 4:32:27 PM GMT
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2023- 08- 29 - 7:53:38 PM GMT
Project Understanding
We understand that the City of Cupertino (“ City”) is seeking a consultant to aid the City in their evaluation of the redevelopment opportunities initially for the City Hall, Civic Center, and subsequently other target sites, identified as:

IMMEDIATE SITES
A. City Hall and Future Annex
Address: 10300 / 10455 Torres Avenue
Flexible use as future City Hall, combined
public/ private use such as City Hall and housing, or all private use as housing or BMR housing.

B. Sports Center
21111 Stevens Creek Boulevard
Flexible use with some public amenities retained.

Potential redevelopment with residential and/ or
commercial with existing uses.

OTHER SITES
C. Senior Center
21251 Stevens Creek Boulevard
Potential for ground floor public facility with above
being senior independent, assisted living, or
residential.

D. Golf Course
22100 Stevens Creek Boulevard
Continued open space or golf use.

E. Service Center
10555 Mary Avenue
Redevelopment opportunity to consider.

A key objective is to create an economically sustainable project that may incorporate revenue generating uses in addition to required City functions. The Concord Group, as a consultant to Cumming, can provide an array of services to facilitate optimization of the properties and the fulfillment of the projects economic and community service goals.

The initial focus will be a “go\ no-go” scope leading to preliminary recommendation for the City Hall and Sports Center sites. We will determine in the “go\ no-go” phase of work if there are market and financially viable opportunities for public/ private development.

Subsequently, City Council may authorize more detailed programming and financing plans on these and the other sites identified above.

Our proposed phases reflect our scope of work based on our understanding of the City’s prioritized needs:

1. Cost neutral solution

2. Renovated/ replaced City Hall with incorporated public space

3. Renovate/ replace aging public facilities

4. Public service elements on all properties currently providing public services

5. BMR housing
Therefore, the proposed scope of work is anticipated to include the following phases and services that proceeds from analysis through implementation.
475 Sansome St., Suite 700 | San Francisco, CA 94111 | ( 415) 748- 3080 | ( 415) 748- 3090 www. ccorpusa. com
2 City of Cupertino – SHERIFF OFFICE

COST MANAGEMENT PROPOSAL

1. SECTION 1 - PROJECT UNDERSTANDING
We understand the scope of work includes demolishing an existing building and the construction of a new 20,000 sf single- story office building and associated sitework improvements in Cupertino, CA.

2. SECTION 2 - SCOPE OF SERVICES and FEE
Proposed Base Scope Services Include:

Prepare a single Statement of Probable Cost (SOPC) at the Feasibility stage.

Review, quantify, and price all available design documentation. o Kick-off meeting with project team.
o Generate cost model including all direct construction and soft costs. o Prepare a single revision to the SOPC based on project team feedback.

Exclusions:

Life cycle cost or total cost of ownership analyses.

Reconciliation with general contractor or 3rd party estimator.

Our Time and material fee, for the above service is $7,500. Based on hourly rates provided in Section 3. Below.

Our fees assume any required design information ( including drawings, specifications, and reports) for the performance of our work will be provided electronically at no cost to Cumming. PDF is the preferred electronic format.

The estimates will be presented in an industry standard or custom format to suit both design team’s review and owner preference.

Fees are valid for 90 days from the date of this proposal. Should any of the above tasks be deleted from our scope of services, we reserve the right to adjust the remaining fees to reflect possible resultant changes to the scope of the remaining service.

Please note we will require written authorization to proceed and acceptance of the proposed contract attached to this letter. We are excited to work with you to provide comprehensive cost management services and look forward to the opportunity to add value to your project.

Should this proposal be acceptable, please sign and return:

City of Cupertino
Authorized
Signature:

Print Name:

Print Title:

Cumming Management Group, Inc. (" Cumming") understands that the City of Cupertino (" City") seeks a consultant team to provide professional services in the realm of project management, cost management, and real estate research and analysis.

Cumming is delighted to provide professional services during construction, pre-construction, and development/ feasibility phases of the projects at various sites. Cumming and its subconsultants shall provide services under this Master Agreement on an “as needed” basis and only (1) upon written request from City’s Director of Public Works or authorized Agent as defined in this Agreement and (2) as defined in a fully executed Service Order. Services may include scheduling, sustainability advisement, constructibility/ peer reviews, and management of construction inspections and testing.

Subconsultants
Cumming will bring The Concord Group on board as a subconsultant during project pre-construction phases to provide services related to aspects of real estate research, analysis, planning and financing.

Cumming will bring ECCR on board as a subconsultant during pre-construction phase and/ or construction phase of a project to perform Constructability reviews of project documentation.

Other subconsultants may be proposed to the City for consideration. Cumming will include information about their proposed scope of work in writing, within each Service Order/ Fee proposal.

Description of Services
Exhibit A
201 Moffit Blvd.

MT. View, CA 94043
Phone: 408- 769- 6000
cumming- group. com
GO/ NO-GO ASSESSMENT FOR CITY HALL, CITY HALL ANNEX, AND SPORTS CENTER SITES:

A. Initial Market Reconnaissance and Program Opportunities i. Identify the menu of residential product types ( market- rate and BMR) compatible with civic uses that are marketable with accompanying top line product positioning and value estimates. ii. Identify housing development options based on market demand, rent levels ( market and BMR), unit types and mix, and the City’ s program and services required on each parcel. iii. Prepare preliminary financial analysis to determine revenues and value generated by private uses that can be used to offset development and operating costs associated with public uses. iv. Identify a menu of public/ private partnership and project delivery approaches ( i.e., financial tools and structures) that can be used in the projects. v. Deliverables:
i. Briefing Book of key exhibits in a format suitable for inclusion in a Staff Report to Council.
vi. Reimbursables: $ 3,000 total
B. Scenario Programming: City Hall Focus
i. Refine the programming menu to best fit the economic objectives for the site. ii. Prepare “ analogue case studies” to define the master plan vision iii. Perform built product values, net operating income and land value guidance for the various product types and densities considered, leading to alternative development scenarios iv. Provide estimates of proposed alternatives
v. Work with City Officials and an architect/ planning firm to create initial yield studies to determine best fit” and three potential development site plan options for the Cupertino Civic Center/ City Hall Property, leading to a City Preferred Option. Develop and/ or confirm preliminary space needs for City Hall and other public/ private uses desired and/ or needed in the short term and long-term. This information will effectively serve as the new Master Plan for the City’ s Civil Center
vi. Meet with Stakeholders to discuss findings and build consensus vii. Work with City staff to coordinate efforts
viii. Present findings to City Council
ix. Deliverables:
i. Summary document of findings, conclusions, and recommended actions ii. City Council Presentation
iii. Conceptual estimates for programming options
x. Reimburseables: $ 3,000 total
OPTIONAL WORK:

C. Stakeholder Engagement
i. Identify a stakeholder strategy to successfully bring about consensus to support the preferred alternative( s).
ii. Meet with stakeholders to discuss findings and build consensus iii. Work with City staff to coordinate efforts and make presentations to the City Council. iv. Deliverables:
i. Focus Group and Public Open House meeting agendas
v. Reimbursables – TBD based on approved scope.

D. Implementation Strategies & Development
i. Implementation strategies and their execution are the heart of successful redevelopments Description of Services: Real Estate Research and Analysis 201 Moffit Blvd.

MT. View, CA 94043
Phone: 408- 769- 6000
cumming- group. com
plans. We are specialists in designing implementation strategies that achieve results, guide the next era of investment, activate underutilized properties and public spaces, and provide the energy and soul to communities, creating value for property owners and merchants and sustainable revenues for the local governments and agencies. ii. We will provide specific actionable strategies based on the information and plans completed as part of this proposal. We will seek out public- private partnerships and project delivery approaches to develop new public facilities at lower costs than otherwise achievable under traditional project delivery methods. We will use and access our extensive network of developers in Northern California for this project.
iii. Deliverables:
i. Due Diligence Checklist
ii. Development RFQ/ RFP for the City Hall site
iii. Draft Project Development Schedule
iv. Draft Term Sheet
E. Developer Negotiation/ Transaction Closing
i. We will negotiate preliminary deal terms ( Letter of Intent or Memorandum of Understanding) and final purchase and sale/ lease/ development agreement or other P3 agreement with the preferred developer/ tenants.
ii. Assist with any closing conditions leading to construction. iii. Continue to meet with the City staff and City Council.

F. Architect Procurement and Management
i. Prepare an RFP for Architectural services; receive proposals, level bids, and conduct interviews with Architect finalists; recommend award of contract and, in conjunction with City’ s legal counsel, negotiate form of agreement.
ii. Manage the Architectural team through completion of Phase 1 Master Plan for the Civic Center iii. Work with City staff and make presentations to the City Council iv. Provide Design Management and Estimating for budget development v. Deliverables:
i. Architectural Services RFP
Preconstruction Phase:

Support the City’ s Project Manager in the following activities:
o Define progress reporting requirements and establish protocol for routine progress meetings, reports, and issue tracking
o Meet on site as needed with designers and City, review scope of work, and discuss design and timelines.
o Work with designers during design process and review preliminary drawings. o Attend project design team meetings
o Distribute meeting minutes as required
Budgeting
o Refine and formalize project budgets
o Prepare budget/ operating cash flow projects, including spending projects through all phases o Facilitate value engineering conversations, including developing a VE log o Perform design and estimate review sessions for SD, DD, and 50% CD o Issue monthly budget reports during construction
Description of Services: Project Management
o Conduct weekly project team meetings
o Prepare and distribute meeting minutes
201 Moffit Blvd.

MT. View, CA 94043
Phone: 408- 769- 6000
cumming- group. com
Design, Permit, Bidding, and Utilities
o Perform design and estimate review sessions for SD, DD, and 50% CD o Engage ECCR as a subconsultant to perform Constructability reviews ( based on 80 to 100 pages of plans)
o Solicit third party contracts for the projects
o Continuously work with A/ E as City of Cupertino’ s primary point of contact, alongside the City’ s Project Manager
o Review and prepare bidding documents, and assist in procurement o Work with the City to determine project delivery method o Assist with permitting process for land use and Building permits, as well as other government agency approvals. Architect and General Contractor are responsible for paying and obtaining permits
o Coordinate with Utilities for planning and approvals. Coordinate with the City for payment of fees
o Assist with the reach out and notify Public Utilities of the pending project o Work with Utilities for planning and approvals. Coordinate payment of fees o Assist the City of Cupertino with reach out to special consultants and testing by third parties o Assist with the preparation of RFQ ( prequalification) documents for general contractors o Assist in bid analysis and selection for General Contractor and/ or subcontractors o Conduct site visit with Contractors, answer questions and RFI’ s o Qualifying Contractor pricing, add value engineering thoughts where possible o Give recommendation to the city for awarding project
o Aid Owner in issuing a Notice to Proceed and contract approval Scheduling
o Develop preliminary schedule for all the work and discuss with City shareholders o Update schedule with input from A/ E and City teams
o Review project schedule during design and construction Sustainability and Commissioning
o Define goals for project sustainability, energy performance, etc. o Evaluate sustainability goals and opportunities during design o Research and advise of sustainability cost benchmarks and identify potential grant funding or incentives
o Reine and formalize project sustainability goals
o Evaluate costs associated with identified sustainability benchmark Construction Phase
o Define scope, deliverables, and milestones for construction o Define budget, and schedule requirements
o Attend weekly City, Architect, and Contractor meetings to track project progress and review any concerns City may have.
o Define progress reporting requirements and establish protocol for progress meetings, reports, and issue tracking
o Review contractor schedule to identify critical path and opportunities/ threats o Manage budget and validate costs
o Prepare quality control and quality assurance plan
o Ensure commissioning specifications are incorporated into project Description of Services: Project Management
Refine and formalize project sustainability goals
201 Moffit Blvd.

MT. View, CA 94043
Phone: 408- 769- 6000
cumming- group. com
o Review Contractors safety plan
o Identify and facilitate procurement of long lead time equipment/ FF& E to avoid delays o Conduct weekly coordination meetings
o Prepare and distribute meeting minutes – track follow up on action items o Provide quality assurance to help ensure quality and compliance with the contract o Track progress of construction, including on-site observation o Provide weekly project update reports to the City’ s project manager o Continuously liaise with A/ E & Contractor
o Review and process contractor progress and payment applications o Track progress of construction, including on-site observation o Review test reports and identify areas of non- conformance o Assist Architect in preparation of responses to RFI’ s and Coordinate resolution of issues o Track and analyze potential Change order’ s
o Negotiate change order approvals
o Assist with Coordination of Public Utilities work
o Monitor schedule, especially for critical path, deliverables, and milestones. o Monitor correspondence, including Architect’ s approvals of shop drawings, product data and samples, as well as contractor RFIS.
o Analyze and provide recommendations to City on change orders and/ or claims if any. o Review Commissioning procedures
o Monitor General Contractor’ s reporting to DIR.

Close-Out
o Determine close- out procedures for the project at the start of construction o At completion of construction, walk punch list to confirm City shareholders requirements at agreed and confirm completion of all items.
o Confirm Contractor Certificates of Occupancy have been provided. o Obtain equipment and maintenance manuals from Contractor and have them train school staff on new equipment as needed.
o Review Commissioning reports at end of project
o Assist with collecting copies of all final warranties, and lien waivers. o Review final close out package including fully reviewed as-builts from Contractor and provide to the City.

SECTION 2 - SCOPE OF SERVICES FEES
Cumming’ s standard billing practice is based on time and materials, in which invoices are submitted monthly for hours expended on work performed the month prior. Utilizing this philosophy, we have found that Cumming’ s fee approach traditionally provides our clients with the most flexibility and cost effectiveness, as costs are only incurred based on the current needs of the owner.

Our hourly rate and proposed fees are valid for 30 days from the date of this proposal. If selected to provide project/ construction management services for the City. The rates are subject to change on a yearly basis starting on January 1, 2024.

Proposed Hourly Rates and As-Needed Services
Cumming proposes one Project Manager to oversee the Project Development, Preconstruction, Construction, and Close- out phases. Cumming is readily prepared to provide additional support staff and services on an as-needed basis, as well as a preventative measure to mitigate any unforeseen exposures that may impact project budget, schedule, and/ or quality, if and as required by the City. As such, Cumming provided hourly rates in the table below Approach To Scope Of Work
The following table delineates the typical services, tasks, and deliverables we provide in order to deliver projects successfully.

We also use this to internally monitor and ensure we are meeting expectations through our in-house processes.

Phase I – Pre-Design Phase II – Design Phase III – Construction, Closeout and Commissioning

INITIATION
Define scope and deliverables for PreDesign activities.Define and formalize scope, schedule, and deliverables for design.

Define operations and maintenance
preferences
Define scope, deliverables, and
milestones for construction
Define budget, and schedule
requirements

PLANNING
Develop work breakdown structure
Define progress reporting requirements
and establish protocol for routine
progress meetings, reports, and issue
tracking
Assist with or perform initial site visits
and requirements generation
Define stakeholders, prepare community
communications plan
Prepare schedule, define decision points
and milestones
Prepare budget/operating cash flow
projections, including spending
projections through all pleases
Define goals for project sustainability,
energy performance, etc.

Update schedule according to input from
the A/E Team
Refine and formalize project budget
Plan process for employee and/or public
involvement
Refine and formalize project
sustainability goals
Incorporate City of Cupertino design
standards into A&E requirements
Define communication to community
and City plans and actions.

Reach out and notify Public Utilities of
pending projects
Define progress reporting requirements
and establish
protocol for progress meetings, reports,
and issue tracking
Review contractor schedule to identify
critical path and
opportunities/ threats
Manage budget and validate costs
Prepare quality control/ assurance plan
Ensure commissioning specifications are
incorporated into project
Review Contractors safety plan
Identify and facilitate procurement of
long lead time equipment/ FF& E to avoid
delays

EXECUTING
Complete due diligence
Coordinate communications and
documentation of Project pre-design
activities
Review Conceptual Plan and project to
date
Collaborate with staff and advise on
project delivery system
Prepare Procurement Findings
Prepare RFQ documents for design and
general contractors ( CM/ GC, Design
Build, or Traditional)
Assist in Architect and Contractor
procurement and negotiation process
Evaluate sustainability goals and
opportunities, enroll project with Energy
Trust
Research and advise on sustainability
cost benchmarks and identify potential
grant funding or incentives
Organize and facilitate meetings with
stakeholders and the community and
make presentations
Conduct weekly project team meetings
Actively manage project cost
Prepare and distribute meeting minutes
Perform design and estimate review
sessions for SD, DD, and 50% CD
Facilitate value engineering
conversations, including developing a VE
log
Perform Constructability reviews
Assist with stakeholder outreach and
communications throughout community
Solicit third party contracts for the
projects
Evaluate costs associated with identified
sustainability benchmarks
Assist with permitting process for land
use and Building permits, as well as other
government agency approvals
Review and prepare bidding documents,
and assist in procurement
Continuously work with A/ E as City of
Cupertino’ s primary point of contact
Assist in bid analysis and selection for
General Contractor and/ or
subcontractors
Work with Utilities for planning and
approvals. Coordinate payment of fees.

Conduct weekly coordination meetings
Prepare and distribute meeting minutes
track follow up on action items
Provide quality assurance to help ensure
quality and compliance with the contract
Continuously liaise with A/ E &
Contractor
Issue monthly budget reports
Review and process contractor progress
and payment applications
Review test reports and identify areas of
non- conformance
Track progress of construction, including
on- site observation
Assist Architect in preparation of
responses to RFI’ s and coordinate
resolution of issues
Tract and analyze potential Change
order’ s
Negotiate change order approvals
Advise City of Cupertino of any special
consultants and testing by third parties
Assist with Coordination of Public
Utilities work
Phase I – Pre- Design Phase II – Design Phase III – Construction, Closeout and Commissioning
Assist with refinement of A/ E and GC
scope/ budgets during contract
negotiations as well as serving as a
resource in resolving any issues between
stakeholders.

Manage separate due diligence
contracts, if needed.

Interface with City Planning and
Engineering Departments regarding Land
Use review/ permits.

Continuously monitor correspondence
between the project team and
stakeholders.

Ensure design & technical spec continue
to meet user and stakeholder needs.

Track design issues and resolutions.

Track value engineering items, their
values, and the analysis and decision
points.

Continuously monitor schedule,
especially for critical path, deliverables,
and milestones.

Continuously monitor correspondence,
including Architect’ s approvals of stop
drawings, product data and samples, as
well as contractor RFIS.

Analyze and provide recommendations
to Centennial School District on change
orders and/ or claims if any.

CLOSING
Ensure receipt and sign-off all predesign.Ensure receipt and sign-off on all deliverables.

City of Cupertino
Scheduling Services
cumming-group.com 24
Scheduling Philosophy & Approach
Scheduling Methodology
Cumming is skilled in all aspects of scheduling. Our experts are capable of conducting cursory schedule reviews,
preparing and updating master program and detailed
project schedules, as well as as-built schedules for forensic analysis purposes. This expertise is described in further detail below.

Schedule Analysis
The underlying foundation of schedule management rests
on the Critical Path Method (CPM) schedule. Our team has built thousands of CPM schedules and understands how
they can be manipulated by the underlying adjustments to floats, leads and lags, duration adjustments, alterations in logic, and constraints.

We are experts in schedule management and forensic
schedule analysis. We have declared experts in construction schedule delay and we provide this analysis on a daily basis as a part of our litigation support services. We define and represent delays and disruptions in schedules and reflect what the impacts are and how they can be mitigated. We
are well versed in seeing and exposing delays, disruptions and hidden acceleration in schedules and we analyze them for the overall impact and expected cost.

Schedule Communication and Reporting
Our schedules are updated regularly— never less than
once per month; generally more frequently and any delays are identified and communicated to all parties at the next regularly scheduled management update meeting. As a
matter of course, we use the schedule as the primary tool to inform our clients of the critical deadlines the team is working towards. Schedules are prepared simply and in
both detail and roll-up forms for ease of understanding and use.

Schedule Maintenance
We believe that a schedule is only valuable if the progress is measured and evaluated against an agreed baseline.

Schedules should serve not only as a historical view of a project at a particular moment in time, but as a management tool that should be used to evaluate and drive results. We provide project status reporting services for our clients that include the actual validation of the stated condition of their schedules. We report the results and evaluate current performance against baseline goals. Changes typically
impact the schedule. We have tremendous experience
incorporating changes into our schedules and in quickly identifying net impacts. We also evaluate changes to
determine whether these impacts affect the critical path or whether they are ancillary and, thus, may not cause a delay in project completion. We provide our clients with mitigation options should changes impact the timely completion of a project.

Schedule Creation
Our schedules are created by professionals skilled in both forensic and forward scheduling, a unique differentiator that enables Cumming to foresee and mitigate schedule conflicts before they arise. Cumming begins each scheduling
assignment by first gaining a fundamental understanding of project scope. Following a top down approach, we identify and incorporate critical milestones, ensure adherence to overarching project parameters, and analyze component
relationships. Requirements are then reviewed forwards and backwards to ensure that all project elements have been considered and are in sync.

Schedule Management
We assist our clients in the development of the Design
Work Plan in concert with the actual in-place design teams.

Our staff have managed the design development process
for clients, which allows us to have a ‘real world’ perspective on the effort required, the relevant and necessary
milestones, and a focus on developing a pre-construction/ design schedule. In addition, we provide management and oversight of the schedule during construction, ensuring goals are met and completed according to the timeline.

Approach to Phasing
When it comes to project phasing, understanding the
process and impacts of construction is as important as
quantifying the elements of construction. Looking at the project from an owner’s perspective is crucial. Will phasing impact the current operations? Is there a better way to achieve the project goal through alternative phasing
schemes? These questions, and more, must be asked during phasing analysis for the project. Cumming team members
have the proven experience required to determine the
impacts to your schedule and budget, and bring the most value to your project. Schedules should not only serve as an overall view of a project at a particular moment in time, but as a management tool that should be used to evaluate and drive results.

It takes a team
THAT ANTICIPATES AND MITIGATES RISK.

City of Cupertino
Scheduling Services
cumming-group.com 25
CPM and Pull Planning Integration
Approach
Cumming has developed a Schedule Approach for the project that is rooted in a lean delivery method of minimizing waste through effective planning. This document will serve to outline that approach to achieve the following goals:

Integrate and Align CPM and Pull Planning
Minimize redundancy and focus on throughput time
Maintain 1:1 relationship
Minimize opportunity for process breakdown
Leverage technology ( software) to do what each does best Trade Partner involvement in entire process
OFE & LLE Process for prefabrication
Clean executable, repeatable, cost effective
Historically accurate for ABC Metrics for continuous improvement CPM high-level planning is needed for coordination between designers, construction trades, vendors, and the owner at a high level. Pull Planning is needed to maximize the team’s production on a day-to-day basis. Both processes are more effective and minimize waste best when they are used in a manner that allows each system to complement the other.

City of Cupertino
Scheduling Services
cumming-group.com 26
Figures 3 and 4 below are from a current ski resort development current utilizing Cumming for schedule monitoring services.

The project is currently on schedule; however, the project was at risk to miss a major turnover milestone for the coming winter ski season. Figure 3 shows the path to the ski easement turnover and the -28 day delay to turnover milestone, - 3 days past the required date. Analysis of the schedule and work in place indicate that the delays to this point are the responsibility of the General Contractor, except for 3-day of weather. After review of the delay allocation, and discussions with the general contractor, means of mitigating the delay were incorporated into the schedule for an on-time delivery of the ski slope.

Figure 8 shows the Step Analysis for the entire project and the calculated schedule risk due to Float Erosion, Compression and Schedule Delay. We calculate Schedule Risk as a combination of Schedule Compression, Schedule Delay and Float to give early visibility of areas of the project add risk to the project. As shown in this example, the project is still on schedule, however the Finishes show 54 workdays of compression, with 0 days of float. Similarly, Drywall shows 42 workdays of compression, however as it has 6 days of float, the risk to the project, if the contractor fails to complete the work in a compressed period, is 36 days.

City of Cupertino
Cost Management
ccorpusa.com
Methodology and technology for estimating.

The delivery of each project on-budget, on-schedule,
and on-quality is our primary goal for every client. This means much more than administering a project through
weekly site visits, attending meetings, and taking notes.

Cumming’ s project managers proactively lead, challenge, motivate and direct teams to generate superb results that save money and time, mitigate risk, and achieve our clients’ delivery goals. We are advocates for our clients and we take great pride and ownership in everything we do. We
are pro-active leaders and ensure that the documents
used to manage the process are clearly incorporated in the contracts with consultants and the contracting community.

Setting expectations upfront and early is a key to a project’s success.

The Cumming approach is founded on principal
involvement, and our staffing plans vary from project to project and adjust to meet the needs of our clients and the project’s specifics. All projects are led by an executive ( VPlevel), and supported by a day-to-day Project Manager and Cost Manager who will be intricately involved in the project from inception through completion. As projects of this
type always have ups and downs in terms of involvement, the dedicated team is supported by localized resources of dedicated project, cost, and schedule management staff to drive our overall efforts and meet tight impactful deadlines.

One of our immediate tasks upon engagement is to set up a project governance structure that encourages efficient, thoughtful, and proactive decision- making. This governance structure guides not only the relationship between
Cumming and ownership, but the entire project relationship for all other consultants, including but not limited to the architect, construction manager ( CM), engineers, and
FF&E and specialty consultants. It takes into account the corporate structure of clients, the key internal and external stakeholders that must be engaged, and establishes a
workflow cadence that is agreed upon at the outset of a project.

We look to manage the relationship with the Client as a partnership, with the executive driving this at the corporate level, and the cost management lead on a day-to-day level.

Continuous improvement is rooted in our DNA, and beyond advocating daily feedback, the Cumming executive will
participate in a monthly meeting with the Client’s lead and our team lead. On a quarterly basis, an independent review will happen in the form of a one-page feedback session.

Cumming also worked with clients to establish project
KPI’s, and in doing so, we emphasize the word key – it
has to be essential to achieve the aim of project delivery with compliance. During quarterly reviews, the KPIs are systematically measured and reported on. On an annual
basis we reevaluate with the Client what is the key that really makes a difference and realign with the needs of the program. KPIs cannot be static, they adjust as projects evolve. When required, pull together a specialist “ task force” of team members that are highly well-versed in a particular aspect of the project – from an understanding of the local market, to the specifics of MEP estimating, to negotiating skills with subcontractors.

City of Cupertino
Cost Management
ccorpusa.com
U. S. CONSTRUCTION MARKET
MARKET SNAPSHOT Q4 - 2019

NEW YORK, NY
Construction in NYC is continuing to slow down, with seeing a yearly low back in April. As mentioned in our last projections expecting this to continue into 2022. 2019 has report, new legislation has come into force with regards to seen a large drop in the residential markets; however, in 2020, health and safety, particularly the reporting of incidents, and Total Construction Market Volume by Sector ( x $1m, Nominalized 2012$) Annual Volume (x$1m, 2012$) This includes religious buildings, amusement, government communications and public recreation projects.

Construction Spending Index 2010-2021 ( 2010=1.0)
Pre-Construction Phase Methodology
During the pre-design and design phases, our team will
confer with your staff concerning specific project goals relative to project scope, project budget, project schedule, design concepts, and quality as a basis for formulating a detailed development plan for the project.

One of the main objectives during this period is to provide a conceptual cost budget and a preliminary “ Critical Path Method” development schedule for the project. Cumming
will also assist the design team with the evaluation of proposed systems, equipment and materials, and will advise you on alternatives to optimize cost effectiveness, quality standards and system life cycle costs and benefits ( value engineering).

Budget and Cost Management
In order to provide reliable cost management services, a thorough understanding of the global, national, and local markets for such specific drivers as material commodities, availability and cost, as well as labor availability and cost—which can and do affect the cost of a project—must be tracked and known. Cumming starts by developing a
crew-based database system that utilizes current local
labor rates, workers compensation, sales tax, subcontractor mark-ups, equipment pricing, material pricing, adjustments for productivity, core inflation, access to materials, and other special circumstances. Our internal economist continuously tracks global, national, and regional trends on a monthly basis, including U.S. dollar exchange rates, energy costs, global demand, construction volume, labor availability, and material costs. This is further enhanced by our program- or project- specific local market study, which is used to develop data specific to the program or project.

Cumming adheres to the following guidelines of good cost management:

A thorough understanding of the project goals, deadlines, and scope: Cumming works with the client at the earliest phases of the project in order to thoroughly understand the goals for the project, the constraints and milestones that need to be met, and the scope of work to be delivered.

Detailed early design estimates: Cumming works with the project team early in the design process to develop detailed cost plans across all divisions of work, thereby reducing or eliminating the use of cost-per-square-foot or lump-sum line items whenever possible. By working with the team
to provide detailed line items and budgets, this allows Cumming to guide the team throughout design following an established cost plan in order to make informed decisions.

Proactive participation through the life of the project:

Using the established cost plan, Cumming works with the project team throughout design, listening in on interim team meetings and stepping in when changes occur that alter the agreed upon cost plan. This interim participation reduces or eliminates the surprises that come with milestone cost estimating when final design plans come out, saving the project both time and money.

Value management/ cost trade-offs during the life of the project: Value management is not only helpful when a
project needs to cut costs. Cumming’ s cost management
team constantly looks for opportunities to add value to projects by utilizing cost trade-off analysis through material substitutions, alternate means or methods, and life-cycle cost analysis.

Continued assistance through the bid phase and
construction: Getting a project to the contractor does not guarantee success. Cumming has extensive experience
working with the project team to evaluate contractor
bidding, schedule of values, buyout strategy, and change orders to keep the project on track.

Keeping an eye on the total project costs at all times:

Delivering construction costs on budget is only part of the solution. If the construction budget is met but the other budgets are not, the project does not succeed. Cumming’ s cost management team has extensive experience both
budgeting and managing the total project costs for our
clients.

Estimate Development
Upon completion of the quantity take-off, market analysis, and collection of local pricing data, Cumming’ s estimators input the data into our estimating system. Cumming sets up the estimate Work Breakdown System ( WBS) to best
accommodate the needs of the project and to match
the formats of other project estimates. Project general conditions, general requirements, mark-ups, contingencies, and escalation factors are added as required to provide a complete, total estimated construction cost.

City of Cupertino
Cost Management
ccorpusa.com
Estimate QA/QC
Once the estimating data has been compiled into the
estimating system, the estimate is thoroughly reviewed
by the estimating team, the project manager, the vertical project leader, and an independent reviewer. A detailed review and comparison of gross floor areas, comparisons with similar projects or similar scopes of work and previous phase estimates are performed to ensure accuracy. Areas of difference between previous estimates are identified and documented in our variance reports.

Publish Estimate
Upon completion of our internal QA/QC process, the
estimate is published and distributed to the project delivery team.

Estimate Review with Project Team
Upon completion and delivery of the estimate, the Cumming estimating team will meet with the project delivery team to thoroughly review the estimate detail, costs, assumptions, and allowances to ensure the estimate is a complete
representation of both the documents and the intent of the design. Any identified changes and adjustments will be
made, and a final revised estimate will be published.

Estimate Reconciliation
Cumming’ s cost management group will review and provide a detailed comparison between our estimates and the
estimates prepared by others (design team, CM, and other independent estimators). We will identify areas of difference and meet with the project delivery team and other
estimators to thoroughly review the estimates, assumptions, and areas of difference. Working with the team, we will reconcile our estimate with the other parties’ estimates on a detailed, division by division level. This detailed reconciliation ensures that all parties are on the same page and possess a thorough understanding of the project. This helps eliminate unknowns and incorrect assumptions that often lead to cost creep later in the project. Upon completion of reconciliation, we will make required modifications and re-issue the estimate along with a summary report of the reconciliation.

Cumming’ s proactive cost management approach assures
our clients that they are getting the most value for their invested dollar, accurate pricing based upon local market analysis and understanding of the national economy, and a proven process that is timeless and delivers the goals and objectives set by the project owner—on time, on
budget, and within the quality standards established at the beginning of the project.

Exceeding Expectations
Cumming’ s approach to managing the team rests on a
foundation of effective communication and teamwork. To
facilitate this approach, we clearly define the roles and responsibilities of all parties at the start of the project so that everyone has an opportunity to meet expectations.

During the design phase each discipline lead must attend design phase progress meetings which are typically
scheduled on a weekly basis. Representatives are held
accountable for assigned action items based on due dates tracked to the overall design phase milestone schedule.

Weekly meeting minutes are distributed timely and followup on action items occurs in advance of the next meeting to keep progress on track. We work closely with all consultants to ensure that each team participant is performing
according to the expectations of the Owner and meeting the terms of the contract.

City of Cupertino
Cost Management
ccorpusa.com
Software for Cost Control, Forecasting, and
Reporting
Estimating
Cumming is extremely adept in all technology- based
measurement and estimating systems. Dependent upon our
client’s preferences, we easily adapt to new software and enlist an internal champion to ensure our team members
are well trained and comfortable within the systems. Our current in-house tools for measurement and estimating
include OST, Bluebeam, CostX, Destini Estimator, and
D-Profiler.

Project Controls
The software programs used by Cumming are comprised
of industry-leading collaborative systems including the following programs:

We reduce risk and uncertainty by
providing solutions to benefit our
clients.

CAPP Analytics and our project
controls solutions provide the
following benefits:

Better project visibility from enterprise aspect
Standardization of best practices
Predictable outcomes that enable corrective
actions
Prolog
Procure
Proliance
e-Builder
PM Web
Unifier
Encouragement of “top down” viewpoint of
project success/issues
Earlier anticipation = greater impact on
We also have in-house proprietary software: CAPP
Analytics, which we use for Project Controls, and CAPP
Database, which we use for benchmarking. We also have
in-house software engineers that help us develop IT
solutions for our clients and manage continued development of our proprietary systems to suit clients’ needs. Our
flexibility in the use of these informational systems allows complete agility to interface with and meet our clients’ requirements.

We have our own in-house software developer, Jorge
Aulestia De Faria who, along with his team, has developed a number of software systems for Cumming’ s use and
more, specifically for some of our leading clients. Cumming provides this enhanced level of support to our clients, along with database assistants to work with our Quantity Surveying and Estimating team.
controlling costs and schedule
Informed decision-making and transparency
Integration with your culture
Improved collaboration
Enables “what-if” scenario planning
Generates cost savings
KPI Overview Building 36- A Upgrade
Budget Committed Balance
110. 3M $ 38. 8M $ 71. 5M
Consultant:

Contact: Name: Katie Bipes Email:

Phone: 415.982.9130
Project:

Scope of Work:

City Project Management
Fiscal/ Budget
Master Agreement Amount: 170,000.00

0.00 This Service Order: 76,000. 00

0.00 94,000.00
Approvals
Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature.

City Finance: Date:

Management Analyst
Department Head: Date:

Total Liquidated Encumbrance:

Master Agreement Unencumbered Amount:

Consultant: Date:

Total Previously Encumbered:

Evaluation of the redevelopment opportunities initially for the City Hall, Civic Center, Sports Center, and subsequently other target sites (Golf Course, Service Center and City Hall Annex). iden8fy the menu of residen8al product types (market-rate and BMR) compa8ble with civic uses that are marketable with accompanying top line product positioning and value estimates.

Iden8fy housing development op8ons based on market demand, rent levels (market and BMR), unit types and mix, and the City’s program and services required on each parcel.

Prepare preliminary financial analyses to determine revenues and value generated by private uses that can be used to offset development and operating costs associated with public uses.

Iden8fy a menu of public/ private partnership and project delivery approaches (i.e., financial tools and structures) that can be used in the projects.

Deliverables: Briefing Book of key exhibits in a format suitable for inclusion in a Staff Report to Council.

Account No.: 420-99-250 900-905
Project Number: CIV 001. 01.01
1787) Cumming Management Group, 475 Sansome St, Suite 700, SF, CA 94111 [email protected]
Managing Department: Public Works Project Manager: Susan Michael City Hall Improvements (420-99-250) - Strategic Advisory Services City of Cupertino

MASTER AGREEMENT
SERVICE ORDER NO. 1
Master Agreement # : 2023-031
Master Agreement Amount: $170,000.00
Effective Date: 8/ 29/ 2023
Agreement End Date: 12/ 31/ 2026
City of Cupertino - Cumming Group, Inc.

Master Agreement Page 1 of 1 Service Order No. ` 1
John Olsson Sep 12, 2023
Sep 12, 2023
Sep 12, 2023
Project Understanding
We understand that the City of Cupertino (“ City”) is seeking a consultant to aid the City in their evaluation of the redevelopment opportunities initially for the City Hall, Civic Center, and subsequently other target sites, identified as:

IMMEDIATE SITES
A. City Hall and Future Annex
Address: 10300 / 10455 Torres Avenue
Flexible use as future City Hall, combined
public/ private use such as City Hall and housing, or all private use as housing or BMR housing.

B. Sports Center
21111 Stevens Creek Boulevard
Flexible use with some public amenities retained.

Potential redevelopment with residential and/ or
commercial with existing uses.

OTHER SITES
C. Senior Center
21251 Stevens Creek Boulevard
Potential for ground floor public facility with above
being senior independent, assisted living, or
residential.

D. Golf Course
22100 Stevens Creek Boulevard
Continued open space or golf use.

E. Service Center
10555 Mary Avenue
Redevelopment opportunity to consider.

A key objective is to create an economically sustainable project that may incorporate revenue generating uses in addition to required City functions. The Concord Group, as a consultant to Cumming, can provide an array of services to facilitate optimization of the properties and the fulfillment of the projects economic and community service goals.

The initial focus will be a “go\ no-go” scope leading to preliminary recommendation for the City Hall and Sports Center sites. We will determine in the “go\ no-go” phase of work if there are market and financially viable opportunities for public/ private development.

Subsequently, City Council may authorize more detailed programming and financing plans on these and the other sites identified above.

Our proposed phases reflect our scope of work based on our understanding of the City’s prioritized needs:

1. Cost neutral solution

2. Renovated/ replaced City Hall with incorporated public space

3. Renovate/ replace aging public facilities

4. Public service elements on all properties currently providing public services

5. BMR housing
Therefore, the proposed scope of work is anticipated to include the following phases and services that proceeds from analysis through implementation.

Scope of Work

GO/ NO-GO ASSESSMENT FOR CITY HALL AND SPORTS CENTER SITES A. Initial Market Reconnaissance and Program Opportunities identify the menu of residential product types ( market- rate and BMR) compatible with civic uses that are marketable with accompanying top line product positioning and value estimates.

Identify housing development options based on market demand, rent levels ( market and BMR), unit types and mix, and the City’s program and services required on each parcel.

Prepare preliminary financial analyses to determine revenues and value generated by private uses that can be used to offset development and operating costs associated with public uses.

Identify a menu of public/ private partnership and project delivery approaches ( i.e., financial tools and structures) that can be used in the projects.

Deliverables:

Briefing Book of key exhibits in a format suitable for inclusion in a Staff Report to Council.

Reimbursables – $ 3000 Total (Including all air fair, hotel expenses, gas, meals, etc., for one two-person site visit by The Concord Group.)

ADDITIONAL WORK SCOPE
B. Scenario Programming: City Hall
Focus
Refine the programing menu to best fit the
economic objectives for the site.

Prepare “ analogue case studies” to define the
master plan vision.

Perform built product values, net operating
income and land value guidance for the various
product types and densities considered, leading
to alternative development scenarios.

Provide estimates of proposed alternatives
Work with City Officials and an
architect/ planning firm to create initial yield
studies to determine “ best fit” and three
potential development site plan options for the
Cupertino Civic Center Property, leading to a City
Preferred option. Develop and/ or confirm
preliminary space needs for City Hall and other
public/ private uses desired and/ or needed in the
short term and long-term. This information will
effectively serve as the new Master Plan for the
City’s Civic Center.

Meet with stakeholders to discuss findings and
build consensus
Work with City staff to coordinate efforts
Present findings to City Council
Deliverables:

Summary document of findings,
conclusions, and recommended actions
City Council Presentation
Conceptual estimates for programming
options
Reimbursables – $ 3000 Total (Including all air fair,
hotel expenses, gas, meals, etc., for one inperson working session by The Concord Group.) C. Stakeholder Engagement (Optional)
Identify a stakeholder strategy to successfully
bring about consensus to support the preferred
alternative( s).

Meet with stakeholders to discuss findings and
build consensus
Work with City staff to coordinate efforts and
make presentations to the City Council.

Deliverables:

Focus Group and Public Open House
meeting agendas
Reimbursables – TBD based on approved scope.

Scope of Work
D. ImplementationStrategies &
Development
Implementation strategies and their execution
are the heart of successful redevelopments
plans. We are specialists in designing
implementation strategies that achieve results,
guide the next era of investment, activate
underutilized properties and public spaces, and
provide the energy and soul to communities,
creating value for property owners and
merchants and sustainable revenues for the local
governments and agencies.

We will provide specific actionable strategies
based on the information and plans
completed as part of this proposal. We will seek
out public- private partnerships and project
delivery approaches to develop new public
facilities at lower costs than otherwise
achievable under traditional project delivery
methods. We will use and access our extensive
network of developers in Northern California for
this project.

Deliverables:

Due Diligence Checklist
Development RFQ/ RFP for the City Hall
site
Draft Project Development Schedule
Draft Term Sheet
E. Developer Negotiation/Transaction
Closing
We will negotiate preliminary deal terms ( Letter
of Intent or Memorandum of Understanding)
and final purchase and sale/ lease/ development
agreement or other P3 agreement with the
preferred developer/ tenants.

Assist with any closing conditions leading to
construction.

Continue to meet with the City staff and City
Council.

F. Architect Procurement and
Management (Optional)
Prepare an RFP for Architectural services; receive
proposals, level bids, and conduct interviews
with Architect finalists; recommend award of
contract and, in conjunction with City’ s legal
counsel, negotiate form of agreement.

Manage the Architectural team through
completion of Phase 1 Master Plan for the Civic
Center
Work with City staff and make presentations to
the City Council
Provide Design Management and Estimating for
budget development
Deliverables:

Architectural Services RFP
G. Future Services
Provide GC and Consultant Procurement
Management, Design Management,
Construction Management & Closeout services
for the properties listed, as required by the City
of Cupertino.

The phased work scope is outlined in
greater detail on the following pages
and will be conducted sequentially
through the planning process.

1. Participate in a in-person kickoff- planning
meeting with the City’ s team to confirm
objectives, the scope of the engagement and to
debrief on the City’ s required programming per
each site, and to walk the sites in the field.

2. Analyze the properties with a specific focus on
the market potential for creating private
development opportunities that will assist in
paying for a new City Hall, other facilities and
other identified civic uses.

3. Define the Site' s Primary Market Area (“ PMA”),
the area from which the majority of the
demand will emanate for new development.
a. Building on previous experience in the
market area, gather selected
socioeconomic trends for the above
defined PMA, and analyze relative to
demand for housing..

4. Identify the Competitive Market Area (“ CMA”),
the area in which the proposed land uses will
compete with other projects on a more or less
equal basis.
a. Survey selected competitive and
comparable projects within the CMA
and SMAs.

5. Analyze the findings of the research in Steps 1
through 4, above, and provide a preliminary
menu of housing types ( BMR, workforce, market
rate) with supportable market scale/ absorption
and top-line price/ rate/ rent positioning, and
estimated construction cost.
a. Identify a menu of potential delivery
methods that can be utilized for the
project ( including a range of DesignBuild, and other available delivery approaches).
b. Provide an initial “ go/ no-go” assessment
for the utilization of a public- private
partnership to finance new development
on the sites, supported by high-level
assessment of costs and revenues.

6. Conduct Working Session 1 (via web), supported
by a Briefing Book of key exhibits to present our
findings form this scope of work to the City’s
team in format suitable for inclusion in a Staff
Report to Council.

Scope of Work
Go/ No-go Assessment For City Hall And Sports Center Sites A. Initial Market Reconnaissance and Program Opportunities Scope of Work

1. Supplement the reconnaissance from Section A
above with additional information as required to
enhance product specific conclusions.

2. Identify a panel of three (3) development
analogues" of Civic and private redevelopment
concepts designed to achieve the City’s civic uses
and vision for the site and analyze relative to their
planning, development, and marketing, including:
mix of land uses and densities, amenity profiles,
price/ rent positioning relative to the regional
competitive market, marketing programs and
user/ tenant/ resident profiles.
a. Evaluate the critical success factors from
the case studies and assess the lessons
learned at these analogues for
applicability to the property.
b. Utilize the results of the analogues
analysis to support the three proposed
development site plan options for the
Civic Center property.

3. Perform land residual analyses and provide
guidance as to resulting finished pad and builtproduct values for each of the development alternatives considered for the Site, characterized
by:
a. Market-driven top-line revenue
assumptions generated above;
b. Vertical construction costs (from our
knowledge base as well as the team’s local
contacts);
c. Projected operating cost metrics based on
assessed local/ regional conditions.

4. Prepare development programming options &
preferred option for the Site, relative to:
a. Supportable land uses, including mixeduse and product densities ( FAR); b. Target user/ tenant/ resident profiles
c. Associated price/ rent/ lease points and
market positioning;
d. Absorption projections;
e. Potential phasing;
f. Underlying land values (at “finished pad”)
and built values per product type;
g. Prepare three (3) development scenarios
for the development program, leading to
a preferred Site Plan Option of the
property based on the City’s established
objectives, buildout timing and intensity.

5. Select, contract, and coordinate with
architectural/ design firm to prepare test-fit yield
studies for the development scenarios and site
plan options prepared above.
a. The yield studies will incorporate analysis
of property opportunities and constraints,
and how the market- driven land use
program( s) can be accommodated and/ or
refined as needed.

6. Work with City officials to identify preliminary
space needs for City Hall and other public/ private
uses desired and/ or needed in the short term and
long-term.

Additional Work Scope
B. Scenario Programming: City Hall Focus
Scope of Work

7. Create preliminary City Hall Site Plan by
evaluating potential parcels/ lots identified on
the site not needed to support civic uses that
can be sold, offered for long-term lease for
private revenue producing uses and
placemaking opportunities that can: ( i) create a
source of funds to offset costs associated with
new public facilities. further catalyze desired
commercial or mixed- use development nearby;
and (ii) further catalyze desired commercial or
mixed- use development nearby;

8. In this Phase, we will participate in Working
Session 2 to debrief on modifications to Phase 1
conclusions and present the analytical results
from Phase 2.

9. Following the working session, and
incorporating its discussions, we will present our
findings, conclusions, and recommended
actions in a summary document suitable for
internal use, as well as for presentation to third
parties, such as public stakeholders, potential
investors, etc.

B. Scenario Programming: City Hall Focus (Continued)
We will work with City officials to develop a specific Stakeholder Strategy tailored to meet the project’ s needs. For purposes of our scope, we have included three of the six potential activities to inform, engage, and gather input from the identified stakeholders throughout the development of redevelopment option:
a. Stakeholder Interviews - We can conduct interviews with key stakeholders in the community to gather input on assets in the area and potential opportunities to create catalytic development opportunities that support needed civic uses.
b. Focus Groups - We can lead focus group meetings to get targeted input on the development plan effort or as a way to collect feedback on the draft vision particularly with individuals that may not participate in the stakeholder interviews or other meetings along with the real estate development community. c. Public Open Houses - We can hold public meetings that allow the community to stop- by during a defined time period and ask questions about development options and the process. d. Charrette/ Community Workshop - We could conduct a half to full day workshop focused on the development plan vision and establishment of values. This workshop could include: an evening event; small group workshop exercises; open studio hours for the consultant team to work and the public is invited to stop by and provide input; and a presentation by the consultant team on the outcomes of the workshop.
e. Pop- Up Events - We could conduct pop-up events that bring activities and information to engage the community where they are. Such events would be staged in busy locations. Pop- up events could be conducted to gather input on the development vision.
f. Web -based Outreach - We can develop a project- specific web page for use on the City website to project updates, meeting notifications, and collect any desired survey data to help guide the planning process.

C. Stakeholder Engagement (Optional)
Scope of Work

1. Evaluate various project delivery approaches to achieve schedule, quality of construction, and reduced costs for public facilities ( City Hall, fire station), including Design- Bid-Build, Design- Build, Progressive Design- Build, GC/ CM, 63-30 financing, and other available delivery approaches authorized by State law.

2. Identify potential philanthropic contributions toward civic facilities and for any below market housing that may be included on the site (e.g., Apple Affordable Housing Fund)

3. Recommend project delivery and funding strategy approach for new City Hall along with catalyst development projects.

4. Provide the following marketing, recruitment, and development agreement negotiation services:
a. Due Diligence Check List. We will identify a list of due diligence that should be completed as part of the proposed public and private development. We can also contract directly and manage these services for an additional fee as needed or desired. The reports identified by the checklist would ideally be prepared prior to the issuance of a Development Offering or Developer RFQ/ RFP for the City Hall site.

I. This list may include survey, title report, environmental report (Phase 1 and/ or 2), geotechnical studies, environmental checklist, appraisal, and traffic impact analysis. Often such documents are provided to developers who register as interested parties during the Development Offering, RFQ/ RFP process.
b. Draft Project Development Schedule. A dynamic document ( excel, Microsoft Project, or other common file type) that shows the expected major phases extending from any City development plan for its Civic Center property to groundbreaking for multiple phases of development.

I. This will be a conceptual schedule since the timing and duration of future events is by nature uncertain. While actual timing will almost certainly differ from forecast timing, this is a valuable tool that can help stakeholders understand a reasonable schedule of events. c. Draft Term Sheet. A draft term sheet will be prepared including the proposed/ recommended terms of the development transaction for the available public land proposed to be sold or leased, including transaction/ purchase price, developer requirements ( e.g., construction of public facilities, certain commercial or mix-use development, shared parking, etc.), and expected roles and responsibilities for all parties.

I. The purpose of a draft term sheet is to support future discussions and negotiations with potential developers, and to ensure expectations are achieved. Some or many expected deal points may also be included in Development Offering or RFQ/ RFP documents.

D. Implementation Strategies & Development Recruitment
Scope of Work
d. Development Recruitment. All marketing and solicitation materials will be prepared to recruit the desired development. We will use either a Development Offering process or a two-step process of a Request for Qualifications ( RFQ) and Request for Proposal ( RFP) to recruit and create a highly competitive selection process. A scoring and evaluation system will also be created to assist in the selection of a preferred development and team. Below are some key Development Recruitment elements:

I. Contact potential developers, brokers, and other and create buzz around the development opportunity;
II. Manage review and developer submittal ranking process III. Manage stakeholder meetings to discuss and/ or rank submittals IV. Manage interviews with short-list of developers
V. Manage meeting( s) to discuss and select preferred development team D. Implementation Strategies & Development Recruitment
continued)

1. Negotiate preliminary deal terms ( Letter of Intent or Memorandum of Understanding) with preferred developer/ tenants( s) and negotiate and manage execution of purchase and sale/ lease/ development agreement or other P3 agreement with the preferred developer. Assist with any closing conditions leading to construction.
a. Every purchase and sale or lease and development agreement of public property is an opportunity to develop a public- private partnership achieving far greater results than what can organically occur in the marketplace
E. Developer Negotiation/Transaction Closing
Scope of Work

1. Provide GC and Consultant Procurement Management, Design Management, Construction Management Closeout services for the properties listed, as required by the City of Cupertino.

G. Future Services

1. We will work with City officials to develop an
RFP for Architectural Services that is tailored to
meet the Phase 1 Architectural needs. For
purposes of our scope, we have included
potential activities:

1. Architect Procurement:

2. We will leverage our industry
connections to engage potential
Architectural firms with similar industry
experience for City governments

3. Develop a Scope of Services for City
review and confirmation

4. Develop Evaluation Criteria for City
review and confirmation

5. Receive and level proposals

6. Facilitate interviews with Architect
finalists

7. Recommend award of contract

8. Negotiate form of agreement with City
and Architect’ s legal counsel

2. Architect Management:

1. Oversee Architect during all Phases
F. Architect Procurement and Management (Optional)
Fee Proposal
Time and Fee Schedule
The following timing and professional fees are required to complete the work scope:

Cumming’ s standard billing practice is based on time and materials, in which invoices are submitted monthly for hours expended on work performed the month prior. Utilizing this philosophy, we have found that Cumming’ s fee approach traditionally provides our clients with the most flexibility and cost effectiveness, as costs are only incurred based on the current needs of the owner.

Phase Duration Proposed Fee
A – Go/ No-Go Market Opportunity Assessment
Covering City Hall and Sports Center Sites
4 weeks $ 30,000
Phase A Reimbursables -$ 3,000
B - Scenario Programming
Covering City Hall/ Civic Center
Other properties to be determined as needed
6 – 8 weeks $ 40,000*
Phase B Reimbursable -$ 3,000
Sub-total (Excluding Optional Work)$ 76,000
Market Opportunity for Additional Sites 4-5 weeks $ 48,000 C – Stakeholder Engagement ( optional) TBD TBD
D – Implementation Strategies & Development Recruitment -$ 30,000 - $48,000** E – Developer Negotiation / Transaction TBD $ 40,000-$85,000* F – Architect Procurement ( Optional) TBD TBD
G – Future Services ( Optional) TBD TBD
Reimbursable expenses
Any reimbursable expenses incurred during Cumming’ s performance of services, including, without limitation, all costs for personnel, travel within twenty- five (25) miles of the City’ s geographic limits, per diem expenses, printing and/ or shipping of deliverables will be billed at actual costs with 0% mark- up.

Note: Fee in Phase 1 excludes Design Services subconsultant, typically $30,000-$40,000.

Note: Fees will be specified prior to initiating steps 2 and 3 Our proposed fees are valid for thirty (30) days from the date of this proposal. The rates are subject to change on a yearly basis starting on January 1, 2024.

SO_01 Cumming_TCG RE Strategy
Final Audit Report 2023- 09-12
Created: 2023- 09-12
By: Julia Kinst ( juliak@cupertino. org)
Status: Signed
Transaction ID: CBJCHBCAABAAbunOOKaHIVhQ0SnfUTrQauILYfkQMS1L SO_01 Cumming_TCG RE Strategy" History
Document created by Julia Kinst ([email protected])
2023- 09- 12 - 8:32:06 PM GMT- IP address: 216. 198. 111. 214 Document emailed to John Olsson ([email protected]) for signature 2023- 09- 12 - 8:33:41 PM GMT
Email viewed by John Olsson ( jolsson@cumming- group. com) 2023- 09- 12 - 9:04:50 PM GMT- IP address: 46.173. 244. 59 Document e-signed by John Olsson ([email protected]) Signature Date: 2023- 09-12 - 9:05:11 PM GMT - Time Source: server- IP address: 12.1.37.226 Document emailed to Chad Mosley ([email protected]) for signature 2023- 09- 12 - 9:05:13 PM GMT
Email viewed by Chad Mosley ([email protected])
2023- 09- 12 - 9:18:10 PM GMT- IP address: 104. 47.74.126 Document e-signed by Chad Mosley ([email protected])
Signature Date: 2023- 09-12 - 9:19:17 PM GMT - Time Source: server- IP address: 64.165. 34.3 Document emailed to Julia Kinst ([email protected]) for signature 2023- 09- 12 - 9:19:18 PM GMT
Document e-signed by Julia Kinst ( juliak@cupertino. org) Signature Date: 2023- 09-12 - 10:13:53 PM GMT - Time Source: server- IP address: 216. 198. 111. 214 Agreement completed.
2023- 09- 12 - 10:13:53 PM GMT
Consultant:

Contact: Name: Katie Bipes Email:

Phone: 415.982.9130
Project:

Scope of Work:

City Project Management
Fiscal/ Budget
Master Agreement Amount: 170,000.00
76,000.00
This Service Order: 7,500. 00

0.00 86,500.00
Approvals
Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature.

City Finance: Date:

Management Analyst
City of Cupertino

MASTER AGREEMENT
SERVICE ORDER NO. 2
Total Previously Encumbered:

Evaluation of the redevelopment opportunities initially for the City Hall, Civic Center, Sports Center, and subsequently other target sites (Golf Course, Service Center and City Hall Annex). iden7fy the menu of residen7al product types (market-rate and BMR) compa7ble with civic uses that are marketable with accompanying top line product positioning and value estimates.

Iden7fy housing development op7ons based on market demand, rent levels (market and BMR), unit types and mix, and the City’s program and services required on each parcel.

Prepare preliminary financial analyses to determine revenues and value generated by private uses that can be used to offset development and operating costs associated with public uses.

Iden7fy a menu of public/ private partnership and project delivery approaches (i.e., financial tools and structures) that can be used in the projects.

Deliverables: Briefing Book of key exhibits in a format suitable for inclusion in a Staff Report to Council.

Account No.: 420-99-047 700-702
Project Number: FVAR 002.01.01
Master Agreement # : 2023-031
Master Agreement Amount: $170,000.00
Effective Date: 8/ 29/ 2023
Agreement End Date: 12/ 31/ 2026
1787) Cumming Management Group, 475 Sansome St, Suite 700, SF, CA 94111 [email protected]
Managing Department: Public Works Project Manager: Susan Michael CIP Prelim Planning & Design - Cost Estimate for Sheriff's Bldg CIP Manager: Date:

Total Liquidated Encumbrance:

Master Agreement Unencumbered Amount:

Consultant: Date:

City of Cupertino - Cumming Group, Inc.

Master Agreement Page 1 of 1 Service Order No. 2
John Olsson Sep 12, 2023
Sep 12, 2023
Sep 12, 2023
475 Sansome St., Suite 700 | San Francisco, CA 94111 | ( 415) 748- 3080 | ( 415) 748- 3090 www. ccorpusa. com
1 City of Cupertino – SHERIFF OFFICE

COST MANAGEMENT PROPOSAL
August 17th, 2023
Matt Morley – Assistant City Manager,
City Managers Office
10300 Torre Avenue
Cupertino, CA, 95014
Proposal No: 23-2362
RE: Sheriff Office, Cupertino, CA
Cost Management Services Proposal
Dear Matt:

Thank you for giving Cumming the opportunity to work with you on the above- mentioned project. Cumming has a long history of working collaboratively with owners and developers across the United States. Our team members are skilled in fostering an atmosphere of innovation, responsibility, responsiveness, and honest communication. Our proactive approach, along with our communication skills, helps keep the entire team ever mindful of budget, risk, and schedule parameters. We will work closely with all stakeholders within the team to ensure your project is delivered in a way that exceeds your expectations.

Further to your request for provision of Cumming’ s cost management services related to the New Sheriff’ s Office project, please find the following documents, for your review. 1) Project Understanding
2) Cost Management Scope of Services and Fee
3) 2023 Hourly Rates
If we can answer any further questions, please do not hesitate to contact us.

Respectfully submitted,
Vaughan Clarke
Managing Director
Cost Management
vclarke@ccorpusa. com
C: 415-982-9130
475 Sansome St., Suite 700 | San Francisco, CA 94111 | ( 415) 748- 3080 | ( 415) 748- 3090 www. ccorpusa. com
2 City of Cupertino – SHERIFF OFFICE

COST MANAGEMENT PROPOSAL

1. SECTION 1 - PROJECT UNDERSTANDING
We understand the scope of work includes demolishing an existing building and the construction of a new 20,000 sf single- story office building and associated sitework improvements in Cupertino, CA.

2. SECTION 2 - SCOPE OF SERVICES and FEE
Proposed Base Scope Services Include:

Prepare a single Statement of Probable Cost (SOPC) at the Feasibility stage.

Review, quantify, and price all available design documentation. o Kick-off meeting with project team.
o Generate cost model including all direct construction and soft costs. o Prepare a single revision to the SOPC based on project team feedback.

Exclusions:

Life cycle cost or total cost of ownership analyses.

Reconciliation with general contractor or 3rd party estimator.

Our Time and material fee, for the above service is $7,500. Based on hourly rates provided in Section 3. Below.

Our fees assume any required design information ( including drawings, specifications, and reports) for the performance of our work will be provided electronically at no cost to Cumming. PDF is the preferred electronic format.

The estimates will be presented in an industry standard or custom format to suit both design team’s review and owner preference.

Fees are valid for 90 days from the date of this proposal. Should any of the above tasks be deleted from our scope of services, we reserve the right to adjust the remaining fees to reflect possible resultant changes to the scope of the remaining service.

Please note we will require written authorization to proceed and acceptance of the proposed contract attached to this letter. We are excited to work with you to provide comprehensive cost management services and look forward to the opportunity to add value to your project.

Should this proposal be acceptable, please sign and return:

City of Cupertino
Authorized
Signature:

Print Name:

Print Title:
475 Sansome St., Suite 700 | San Francisco, CA 94111 | ( 415) 748- 3080 | ( 415) 748- 3090 www. ccorpusa. com
3 City of Cupertino – SHERIFF OFFICE

COST MANAGEMENT PROPOSAL

3. HOURLY RATES
2023 HOURLY RATES

COST MANAGEMENT

DISCIPLINE HOURLY RATE
Vice President $ 350.00
Managing Director / Director / Regional Director $ 300.00 Associate Director $ 225.00
Senior Cost Manager $ 200.00
Cost Manager $ 185.00
Assistant Cost Manager / Estimating Technician / Intern $ 125.00 SO_02 Cumming_sheriffs bldg cost
Final Audit Report 2023- 09-12
Created: 2023- 09-12
By: Julia Kinst ( juliak@cupertino. org)
Status: Signed
Transaction ID: CBJCHBCAABAAdH1mTzCIfrC4AJEBi2K9ledJSu83PDIt SO_02 Cumming_sheriffs bldg cost" History
Document created by Julia Kinst ([email protected])
2023- 09- 12 - 8:34:15 PM GMT- IP address: 216. 198. 111. 214 Document emailed to John Olsson ([email protected]) for signature 2023- 09- 12 - 8:35:17 PM GMT
Email viewed by John Olsson ( jolsson@cumming- group. com) 2023- 09- 12 - 9:04:09 PM GMT- IP address: 213. 188. 78.87 Document e-signed by John Olsson ([email protected]) Signature Date: 2023- 09-12 - 9:04:39 PM GMT - Time Source: server- IP address: 12.1.37.226 Document emailed to Susan Michael ([email protected]) for signature 2023- 09- 12 - 9:04:40 PM GMT
Email viewed by Susan Michael ([email protected])
2023- 09- 12 - 9:26:06 PM GMT- IP address: 104. 47.73.254 Document e-signed by Susan Michael ([email protected]) Signature Date: 2023- 09-12 - 9:26:17 PM GMT - Time Source: server- IP address: 64.165. 34.3 Document emailed to Julia Kinst ([email protected]) for signature 2023- 09- 12 - 9:26:19 PM GMT
Document e-signed by Julia Kinst ( juliak@cupertino. org) Signature Date: 2023- 09-12 - 10:14:07 PM GMT - Time Source: server- IP address: 216. 198. 111. 214 Agreement completed.
2023- 09- 12 - 10:14:07 PM GMT
From: Alok Mathur
To: City Council
Subject: Replacement of sports center
Date: Tuesday, October 17, 2023 9:41:42 AM
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.

Hi,
My name is Alok and I have been a Cupertino resident for 15 years. I am very surprised to hear on plans to remove the sports center for a new city hall etc. Our sports center is a unique facility allowing various city members to gather and offer a place to be healthier. I would strongly suggest relooking at this plan.

Please feel feel to reach me if you have any question.

Thanks
-alok mathur
1222 Bubb Rd, Cupertino CA
From: Debi Chessen
To: City Council
Subject: Golf Course and Sports Center
Date: Tuesday, October 17, 2023 9:28:23 AM
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.

City Council Members
We have lived in Cupertino over 30 years now.

We would like to support keeping the Golf Course AND please leave the Sports Center
Cupertino needs Recreational Activities intact.

We bought the Sports Center on a Bond - we bought Blackberry Farm on a Bond.

Leave them!! If you want to change - we need Public imput and another Bond Measure.

Please keep Cupertino Citizens aware of any changes to our City. Not have us learn through the Grapevine.

Thank You
Debi and Stuart Chessen
From: [email protected]
To: City Council
Cc: Hung Wei; J.R. Fruen; Sheila Mohan; Kitty Moore; Liang Chao Subject: Cupertino Sports Center
Date: Tuesday, October 17, 2023 9:04:49 AM
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 Council Members,
I am writing to urge you to not consider the Cupertino Sports Center as an option for the construction of a new City Hall facility, scheduled for consideration by council on October 17.

I have been a member of the Sports center for over 10 years. I use it regularly -- both gym equipment as well as the tennis courts, Both my children attended various classes over the years. It is the most important facility for our family, and we are not alone. I am a Saratoga resident, and many of our friends and neighbors use it similarly. It would be a great loss to our entire community if the sports center were to be affected in any way.

Please preserve the sports center as is, and remove it as an option for any new construction or modifications. Thank you.

Best Regards,
Rajeev Krishnamoorthy
12676 Kinman Ct, Saratoga, CA 95070
(408) 857-0479
From: Donna Lee
To: City Council
Subject: NEW City Hall Proposal to Turn the Sports Center into Mixed Use Housing Facility Date: Tuesday, October 17, 2023 8:52:10 AM
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,
We are against the proposal for a new city hall that will replace the current sports center. With the new proposal, our community would lose its tennis courts and sports facility in exchange for mixed-use projects for a new city hall and more housing units.

A great city provides art, sport and leisure facilities. Cupertino can't grow into a city only emphasis on housing alone.

Please reconsider.

Donna Lee & Eugene Wong
From: Tom Gallup
To: City Council
Subject: New City Hall
Date: Tuesday, October 17, 2023 8:18:40 AM
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.

Please count me as OPPOSED to the proposal to build a new city hall and cover the cricket field with high density housing.

Tom Gallup
From: Helen Z
To: City Council
Subject: protect CSC
Date: Tuesday, October 17, 2023 8:05:05 AM
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.

I'm Helen Zhang, an avid member of the CSC tennis center, a cupertino resident.

I'm shocked to hear the city is considering replacing CSC with something else.

It's such an important part of me and my family and my friend.

Please protect it.

Helen Zhang.

From: Loretta Lu
To: City Council
Subject: No CSC Expansion
Date: Tuesday, October 17, 2023 6:51:28 AM
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Sent from my iPhone
From: Richard Lowenthal
To: Hung Wei
Cc: Pamela Wu; Kirsten Squarcia
Subject: Item 7: Keep the Cupertino Sports Center
Date: Tuesday, October 17, 2023 1:44:26 AM
Dear Mayor Wei,
I urge you to continue to use the Cupertino Sports Center for sports programming.Our residents count on you to provide services like tennis, racquetball, pickleball, badminton, ping pong, basketball, and even chess. It’s what makes our City fun.The tennis program at our Sports Center is very popular and almost always fully booked.

Hundreds of people are using the sports center and we shouldn’t let them down by tearing down the sport center and eliminating these popular programs.

As we provide housing that allows us to accommodate more residents, we will desperately need more opportunities for recreation, not fewer – let’s not go the wrong direction by eliminating options.

Our City Hall should continue to be part of our Civic Center complex with our Community Hall and Library.Housing in Cupertino should continue to be provided by the private sector with supportive policies from our City Council and City staff.

Speaking of our City Center, one of our best decisions there was to build a two-story library in order to save the field next to it.The theory being that once you remove a recreational facility you will never, ever get it back.

Let’s not go backwards by eliminating recreational choices for the people of Cupertino – there’s no good reason to do it.

Thanks for reading,
Richard Lowenthal
From: Karen K
To: City Council
Subject: Opposition to repurposing of the sports center Date: Tuesday, October 17, 2023 12:51:32 AM
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.

I understand that Cupertino sport center is on the table as an option to be rezoned/ rebuilt for a new city hall and mixed use development. As a Cupertino resident of 20 years, I am very disappointed and strongly opposed to this consideration.

I lost my mom 2 years ago during the peak of the Covid Pandemic and it was absolutely devastating. My mom exercised every day at the Cupertino Sport Center shortly after her stage 4 lung cancer diagnosis because she believed she was going to beat cancer. I remembered how she talked about how lovely CSC was and how much she enjoyed running on the treadmill as she watched people play tennis. She talked about how she liked to use the facilities. She talked about how she looked forward to going to Csc because it gave her something to look forward to everyday between the chemo and radiation treatments.

The only reason we joined Csc was to continue her legacy. CSC has enriched my family’s life through the countless tennis lessons and group exercise classes and court times that we have taken to rebuild after the death of my mom.

Without the Cupertino Sports Center and the wonderful relationship and connections of the good people of this community, we would would not have the courage to live life as fully as we are able today.

So I kindly ask the council to not repurpose the sports center and consider other alternatives that has nothing to do with the sports center
Thank you
Carey
From: Jean Bedord
To: City Council; Cupertino City Manager"s Office; City Clerk; Matt Morley Subject: Agenda Item #7 City Hall options, Oct. 17, 2023 City Council Date: Tuesday, October 17, 2023 12:17:54 AM
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.

Honorable Mayor Wei, Vice-Mayor Mohan, Councilmembers Fruen, Chao and Moore, and staff
I am writing to urge the council to authorize staff to pursue the potential public private partnership (P3) option for a city hall and income producing development at the Sports Center location. The current city hall is seismically unsafe which has been known since 2005 so there is substantial legal liability for the city. This out-of-the-box thinking is essential to financing such a project, which will require $20 million to $80 million to mitigate. I've sat through all the discussions over the years, and this is the best option that has been proposed (other than the rejected Vallco Town Center which included a new city hall) since it directly addresses financing. Here are some of the factors:
* Ideal location for income housing to offset costs of municipal offices. The location on the VTA Stevens Creek bus line reduces the need for parking which reduces the cost of building housing, which might make below market rate housing possible in this location.

Market rate "senior friendly" housing would be even better -- single level independent living, walking distance to grocery store and restaurants, walking distance to the India Community Center, Cupertino Senior Center and recreational spaces. Senior transportation is a major issue for our aging population. Potentially, senior services could be potentially shared with the new high end Atria assisted living facility being built at Westport/Oaks. That complex will include public retail space, mostly restaurants, but could include senior related services such as a medical supply store.
* Adjacent to DeAnza College, which provides additional partnership opportunities, including parking and transportation. COVID has changed student dynamics. In addition, there are plans to build a county healthcare clinic on the DeAnza campus. The Sunday Farmers Market is in the DeAnza parking lot. DeAnza has gym facilities which can be made available for public use. In addition to the 6 tennis courts in Memorial Park, there are 7 underutilized tennis courts at DeAnza.
* Building a city hall on a different site eliminates the need for a temporary move. The library had to do this for the new building -- it was expensive to move out, then move back in, with reduced services for a couple years. (Patrons were asked to keep their checked out books and return them when the new library opened).
* Cupertino has to plan for 4,588 new housing units in the next Housing Cycle. This is an opportunity to add a substantial number of housing units. Council has given token support to adding housing on city properties. This is an opportunity to follow through.

In conjunction with redeveloping the Sports Center parcel for housing and municipal uses, I recommend pursuing a partnership with Sand Hill Properties for a sports center complex in whatever new design is developed for Vallco. They are required to provide parkland - so why not allow tennis and pickleball courts to be counted as parkland? It would also be much closer to the new dense housing that will be built there, as well as the park-deficient eastern part of Cupertino. The current Cupertino Sports Center Complex, though well-loved, is aging. The city doesn't have the money to upgrade the current 25,000 sq. ft. building to current standards.

My understanding is that overall it's a money-loser for the city, and has been for years.

I urge the council to take a broader view of the needs of our city, not just the barrage of emails concerned with preserving the status quo. New ways of doing business and developing partnerships are essential to the well-being of our city, given the financial challenges.

Jean Bedord
Concerned Cupertino Resident
From: Jean Bedord
To: City Council; Cupertino City Manager"s Office; City Clerk; Matt Morley Subject: Agenda Item #7 City Hall options, Oct. 17, 2023 City Council Date: Tuesday, October 17, 2023 12:17:54 AM
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.

Honorable Mayor Wei, Vice-Mayor Mohan, Councilmembers Fruen, Chao and Moore, and staff
I am writing to urge the council to authorize staff to pursue the potential public private partnership (P3) option for a city hall and income producing development at the Sports Center location. The current city hall is seismically unsafe which has been known since 2005 so there is substantial legal liability for the city. This out-of-the-box thinking is essential to financing such a project, which will require $20 million to $80 million to mitigate. I've sat through all the discussions over the years, and this is the best option that has been proposed (other than the rejected Vallco Town Center which included a new city hall) since it directly addresses financing. Here are some of the factors:
* Ideal location for income housing to offset costs of municipal offices. The location on the VTA Stevens Creek bus line reduces the need for parking which reduces the cost of building housing, which might make below market rate housing possible in this location. Market rate "senior friendly" housing would be even better -- single level independent living, walking distance to grocery store and restaurants, walking distance to the India Community Center, Cupertino Senior Center and recreational spaces. Senior transportation is a major issue for our aging population. Potentially, senior services could be potentially shared with the new high end Atria assisted living facility being built at Westport/Oaks. That complex will include public retail space, mostly restaurants, but could include senior related services such as a medical supply store.
* Adjacent to DeAnza College, which provides additional partnership opportunities, including parking and transportation. COVID has changed student dynamics. In addition, there are plans to build a county healthcare clinic on the DeAnza campus. The Sunday Farmers Market is in the DeAnza parking lot. DeAnza has gym facilities which can be made available for public use. In addition to the 6 tennis courts in Memorial Park, there are 7 underutilized tennis courts at DeAnza.
* Building a city hall on a different site eliminates the need for a temporary move. The library had to do this for the new building -- it was expensive to move out, then move back in, with reduced services for a couple years. (Patrons were asked to keep their checked out books and return them when the new library opened).
* Cupertino has to plan for 4,588 new housing units in the next Housing Cycle. This is an opportunity to add a substantial number of housing units. Council has given token support to adding housing on city properties. This is an opportunity to follow through.

In conjunction with redeveloping the Sports Center parcel for housing and municipal uses, I recommend pursuing a partnership with Sand Hill Properties for a sports center complex in whatever new design is developed for Vallco. They are required to provide parkland - so why not allow tennis and pickleball courts to be counted as parkland? It would also be much closer to the new dense housing that will be built there, as well as the park-deficient eastern part of Cupertino. The current Cupertino Sports Center Complex, though well-loved, is aging. The city doesn't have the money to upgrade the current 25,000 sq. ft. building to current standards.

My understanding is that overall it's a money-loser for the city, and has been for years.

I urge the council to take a broader view of the needs of our city, not just the barrage of emails concerned with preserving the status quo. New ways of doing business and developing partnerships are essential to the well-being of our city, given the financial challenges.

Jean Bedord
Concerned Cupertino Resident
From: Navina Rehesh
To: City Council
Subject: Cupertino Sports Center
Date: Tuesday, October 17, 2023 12:16:40 AM
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To whomsoever it may concern
I am a resident of Cupertino and would like to strongly object the conceptual plan of redevelopment of CSC. I am a member of CSC and would like to assure that CSC is well kept and any redevelopment at this point is futile and exorbitant. CSC is a thriving center widely used by residents for various activities and would like to earnestly appeal to drop the redevelopment plan.

Thanks
Navina
Sent from Yahoo Mail for iPhone
From: Munisekar
To: City Council; City Clerk; Cupertino City Manager"s Office Cc: Muni
Subject: Item #7: Options for construction of a City Hall facility Date: Monday, October 16, 2023 11:54:55 PM
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Dear Mayor & City Council,
My name is Muni Madhdhipatla, a long time resident of Cupertino and serving on the Planning Commission as well. I am writing this email in my individual capacity as a concerned resident.

I am extremely troubled and appalled by what is happening in our city under your leadership.

With the actions you are pursuing today, you are basically putting a BIG FOR SALE sign on public properties owned by taxpayers of Cupertino. This is unacceptable by any standards and I don't think we elected you to carry out this egregious act. Your actions are quite opposite to the previous council majority actions which acquired public properties like Lawrence Mitty Park, Byrne Residence and 10455 Torre Avenue during their tenure between 2018 to 2022.

Since you are trying to hand off public properties owned by the community to private owners, they have to be voted on by the public directly through a ballot measure. Failing which, we will not be afraid to force the issue by collecting required signatures. We have done this before a few times and it is not a stretch for us to do one more time.

I highly recommend you consider the options of City Hall Seismic retrofitting which is the least expensive option and look at cutting operational costs of the city to balance the budget instead of selling city owned public properties.

Thank you.

Muni Madhdhipatla
Cupertino Resident
From: Irene Nishimoto
To: City Council
Subject: Cupertino Sports Center
Date: Monday, October 16, 2023 11:23:13 PM
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Dear Council Members,
I have been a Cupertino Sports Center pass holder for as many years as it has been in existence. I was dismayed to hear that there was a possibility of it being displaced. This facility is very dear to my heart. The tennis courts are some of the best in the area, the lights on the courts are bright enough for oldies like me to be able to see clearly at night, the work out area has helped me recuperate from injuries, and the classes offered are so popular. Most of my friends are those that I have met at CSC. It is a friendly, welcoming community. Financially, I am not able to afford membership to the private clubs in the area. CSC provides a place that is affordable, clean, safe, and a joy to play tennis.

You might think it would be a good idea to expand or change the Sports Center, but any disruption or closure impacts so many people. For many that are elderly, like me, it is the main social outlet to be able to interact with people. Also, this facility enables us to keep our bodies moving and our minds active.

Please we need the Cupertino Sports Center to stay open.

Sincerely,
Irene Nishimoto
From: Adele Chen
To: City Council; Cupertino City Manager"s Office
Subject: Objections to turn Cupertino Sports Center into other development project Date: Monday, October 16, 2023 11:21:35 PM
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Dear Cupertino City Council and City Manager,
I recently learned about the City's proposal to consider a potential P3 development on the Cupertino Sports Center site.

With all due respect, I am opposed to this proposal and ask you to please keep Cupertino Sports Center outside of your consideration for such a rebuild.

Cupertino Sports Center is currently supporting below use cases:

1. Residents and their children go to CSC to take year-long sports classes and summer camps

2. Kennedy Middle School uses CSC courts for their tennis teams

3. Monta Vista High School gets their top tennis players from Kennedy Middle School, therefore gets impacted indirectly

4. Mitty High School uses CSC courts for their tennis teams Please keep Cupertino Sports Center as is and we do not want this city's public facility turning into some private developer's land. Please keep the CSC for residents' recreational use and keep the current CSC intact.

Thank you,
Lan Chen
From: Veena Puranik
To: City Council
Subject: oppose elimination of Cupertino Sports center
Date: Monday, October 16, 2023 9:53:47 PM
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Hello City Council,
The Cupertino Sports Center is a crown jewel of Cupertino. It has Cupertino residents who have been members for decades. It is fully occupied usage starting 8am and stays fully occupied to closure at 10pm. There are 16 tennis courts which are used to teach 100s of your Cupertino kids per day. In addition it provides facilities for coaching badminton, ping pong, gym, personal training, basketball, pickleball, chess and racketball.

Cupertino Sports Center is home to at least 5 - 8 USTA competitive league teams each season and there are multiple seasons (18+, adult, seniors in men’s and then the same for womens, then each of these across different competitive levels, after which likewise there are combo seasons and mixed seasons.). All in, any given year, there may be 60 - 100 league teams that call the Cupertino Sports Center home. Each league team on average has 20 players. This means at least 1200 - 2000 league players could be impacted, but if you reduce by 75% for duplicates, that still leaves at least 500 league players who call Cupertino Sports Center home affected.

Suffice to say this. Court bookings open at 8am 7 days ahead. All courts are booked within 10 seconds of bookings opening. To recap, courts get taken 7 days in advance within 20 seconds of bookings opening. This happens daily.

CSC is revenue generating and self sustaining. Patrons pay an annual or monthly membership. Annual memberships run from $400 - $550. In additions court time is leased to Lifetime which conducts kids lessons.

We CSC patrons are therefore shocked that Cupertino city staff would even think of putting a proposal forward to eliminate the Cupertino Sports Center.

I request you all to kindly oppose the inclusion of Cupertino Sports Center in agenda item 7 and reject any city staff recommendations to fund a conceptual plan involving the Cupertino sports center.

Kindly do not allow even the start of a conceptual plan for the sports center.

Pleas save our sports facilities. First the city proposed replacing BlackBerry farm golf course. Then it was memorial park softball fields. Now it is Cupertino sports center.

Please leave our sports facilities alone. They are not meant to be handed over to developers.

Veena Puranik
Cupertino Resident and taxpayer
Sent from my iPhone
From: Milind Naphade
To: City Council; Hung Wei
Subject: Misplaced priorities for the city?
Date: Monday, October 16, 2023 9:09:51 PM
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Dear council members
It was brought to our attention that the city council is planning to replace popular spaces like the tennis courts at Cupertino sports center and the cricket ground near the library with mixed use and high rise properties to pay for a mammoth 100 million plus Cupertino city council building!
This is preposterous and is clearly against the wishes of the tax payer residents of the city of Cupertino.

As a tax paying citizen of Cupertino I protest this hijacking of my city from a beautiful place of residence to tracts of land to be sold to the highest bidder in the name of development.

I oppose these plans and strongly suggest you to involve us citizens whom you claim to represent to participate in the debate on these issues instead of using procedural loopholes to steamroll a predetermined agenda just because you seem to have a majority at the present moment. Let there be no doubt in your minds in terms of whether Cupertino residents know who on the council is pushing this agenda. We know.

Milind
Concerned cupertino citizen
Sent from Yahoo Mail for iPhone
From: Shirish
To: City Council
Subject: Please veto the new city hall proposal
Date: Monday, October 16, 2023 8:51:47 PM
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Please do not spend our tax dollars on the new city hall. We need to financially prudent decisions that support our city services.

Thanks,
Shirish Seetharam
10198 Richwood Drive
Cupertino
From: rose rose
To: City Council
Cc: Hung Wei
Subject: Cupertino Sports Center
Date: Monday, October 16, 2023 8:15:54 PM
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Dear Cupertino Mayor and City Council Members,
I am writing to express strong concerns and disagreement with the current consideration to demolish the Cupertino Sports Center, in place of an establishment of expanded City Hall and multi-tenant housing.

My family and I are longstanding members of the Sports Center. It is a blessing to have this center for our well being. It is also a community space that enables and fosters support system for us.

I see multiple commercial areas that are empty and unoccupied in Cupertino ( on De Anza blvd, Etc). I think we should consider converting those areas to be multi-tenant housing, since I agree Bay Area needs more housing to reduce price hike. But please don’t include a well-used, much needed community based Sports center.

Thank you in advance for the consideration.

Rose Hiu
Sent from my iPhone
From: P Hershey
To: City Council
Subject: new City Hall/Sports center
Date: Monday, October 16, 2023 8:05:07 PM
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Dear city council members,
Today I am writing you to ask you to please keep our sports center for the health of the community . Exercise and outdoor activities are very important to being healthy and active !
Once we loose it we will not he able to replace it .

Also, please know that we oppose oppose the luxury City Hall Plan that Cupertino cannot afford without either taxing us residence more or cutting more city amenities.

Thank you for your consideration.

Pam and Bill
Hershey
Concerned residents
Sent from my iPhone
From: Pat Frischmann
To: City Council
Cc: Cindy Jeung
Subject: Cupertino Sports Center
Date: Monday, October 16, 2023 7:59:17 PM
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Dear Council:

I urge you to reconsider any plans to raze Cupertino Sports Center. It is a valuable and affordable resource for Cupertino residents and the wider community.

I have been a member of the sports center since 2010 and I prize it so much that I served on the Cupertino Tennis Club board for several years.

The center serves its community in many ways. The 17 tennis courts and eight pickleball courts are full from 8 a.m. to closing, providing people from ages 5 to 95 with a ready source of healthy exercise. The club also has heavily used indoor racketball courts, a popular fitness center and well-subscribed classes ranging from Zumba to Bootcamp to Pilates.

Your consultant’s draft strategic programming and marketing analysis claims that the Sports Center land is under-utilized. That is far from the truth. Rather, it is an invaluable community resource and should be treasured, not removed.

Pat Frischmann
[email protected]
650-804-9229 (c)
From: yuan hu
To: City Council
Subject: Objection of Cupertino Sports Center reconstruction Date: Monday, October 16, 2023 7:39:55 PM
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Dear Cupertino City Council:

This is Yuan and I work at a tech company in Cupertino. I've been a member in Cupertino Sports Center (CSC) for about a year now.

CSC has been a fantastic place to work out and meet other residents in Cupertino through sports. The facility has thousands of active members and its's impact on the well-being of Cupertino resident is immeasurable. I was in total shock today to hear such a landmark in Cupertino is considering reconstruction. CSC keeps Cupertino diverse, active and healthy. Although other alternative plans may bring short-term gains, the long term loss of CSC would significantly outweigh such gains. I hope to voice my personal opinion to support CSC, thank you in advance for considering.

Best,
Yuan
From: Sherleen Ong
To: City Council
Subject: Cupertino Sports Center
Date: Monday, October 16, 2023 6:06:52 PM
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Hello Council members,
I am here to show support to the hundreds of members and their families who have made CSC a critical part of their lives. CSC is unique - a place where kids learn how to play tennis and badminton, a place where adults enhance their health using the workout facilities and classes, and a place where tennis players congregate to play recreationally and competitively. It’s a model facility that is the envy of many neighboring cities and one that needs to be preserved and retained for the current community and the generations to come.

I echo the many CSC members and the folks in the community who have voiced this same sentiment. Please take this into consideration as you vote on making any changes to the CSC. CSC is very much cherished just the way it is.

Sherleen Ong
From: Dhanaseker Kandhasamy
To: City Council
Subject: Please leave CSC untouched
Date: Monday, October 16, 2023 5:33:00 PM
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Dear Cupertino city council,
My kids attend Kennedy Middle and Monta vista High, who extensively leverage CSC Tennis and other facilities.

Please don’t impact or redevelop or repurpose the CSC for city hall and/or housing and other developments. It is the only facility serving broader sports needs of the city from young to adults and please don’t mess with that.

Dhanaseker Kandhasamy
From: Nicole
To: City Council
Subject: Please leave Cupertino Sports Center alone
Date: Monday, October 16, 2023 4:53:58 PM
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Hi,
Please do not destroy the Cupertino Sports Center when
redeveloping City Hall.

It is the only facility of its kind in this area and it serves the community well.

Thank you,
Nicole Sivan (Cupertino resident)
From: Irene Niazov
To: City Council
Subject: Save Cupertino SportsCupertino Sports Center
Date: Monday, October 16, 2023 4:42:16 PM
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My name is Irene Niazov, and
I am a resident of Cupertino. I was a member of Northwest YMCA for 17 years till 2020. In August 2021 I joined Cupertino Sports Center for Zumba because in Northwest Ymca they did not have Zumba in the morning, and also monthly membership in YMCA is very expensive.

More than twice as expensive than in Cupertino Sports Center. I am 70 years old and I have osteoporosis. Zumba classes that I go 3-4 times a week are very beneficial for my health. The teachers are professional and communicate with the class in a nice manner. it’s going to be devastating and sad for me not to be able to go and take Zumba classes in Cupertino Sports Center. Please consider not to close it.

Thank you ,
Irene
From: [email protected]
To: City Council
Subject: Please Leave CSC As-Is!
Date: Monday, October 16, 2023 4:42:04 PM
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Dear City of Cupertino Council:

Please do not make any changes to the Cupertino Sports center. I have been a member for 10 years and it is part of my livelihood there. I have made many tennis friends & families at CSC as probably all members have. The facility is such a prized gem for Cupertino! It provides so much for so many people, for wellness, health, friendship.

If the city really needs space for whatever purpose, please do not tear down a beautiful, functional, and much loved facility that provides so much for so many people, residents and non-residents, young and old! Tearing down & rebuilding doesn’t make any sense at all, both financially and environmentally! I have converted to a family membership for my household of 4 since the pandemic and we vehemently object to any changes to CSC, even any temporary shutdown, much less the removal of the facility. I hope the Council will do the right and sensible thing.

Sincerely,
Tammy Choy
Tammy
From: Kareen Lambert
To: City Council
Subject: EXCLUDE CSC - for the children
Date: Monday, October 16, 2023 4:33:17 PM
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Are you a current Kennedy or Mitty parent? If so read on as the below affects a key sports program at Kennedy, Mitty schools. Are you a Monta Vista high parent? The below affects a key feeder into a sports program at Monta Vista High. Below are steps you can take to save the impact to your sports programs. The city of Cupertino staff are proposing to city council to redevelop the Cupertino Sports Center (CSC) site with a construction effort that will build a city hall and some combination of housing. CSC conceptual plan go forward approval is sought in agenda item 7 of the 10/17 Cupertino city council meeting coming up (Tuesday).

Call to action: Please write in to city council to ask that they EXCLUDE the Cupertino Sports Center from any redevelopment plans and to cause ZERO disruption to the sports center. No redevelopment, no closure for construction, no approval to go ahead with conceptual plan. Just leave CSC alone. Write to: [email protected]. Why? Kennedy Middle School - the school team has been using CSC's courts since 2014. KMS tennis team gets coaching and practice time on CSC courts. Loss of CSC disrupts the KMS tennis program. Monta Vista High - CSC plays a crucial role as a feeding program to Monta Vista's nationally ranked tennis team. Closing the Cupertino Sports center will not only impact Kennedy middle school tennis program, but the ability for Monta Vista to continue to get local juniors (who are nationally ranked) to play at local top level high schools and move on to playing in college. The pipeline of top level tennis players into Monta Vista High will be affected as Kennedy is a main feeder school into MVHS. Mitty High School - since 2009, the high school and CSC have had an agreement to use CSC coaching staff and CSC courts for their boys and girls programs.

Taking this away will provide a huge obstacle for Mitty high school to secure courts for their teams. CSC is an integral part of the success of Mitty’s tennis program success. If you care about the impact to the tennis program at Kennedy, Mitty and the feeder impact into Monta Vista then you need to take action now. Write to Cupertino city council at [email protected]. Ask that they EXCLUDE Cupertino Sports Center from their conceptual plan go forward approval, ask them to leave CSC alone as is. We don’t want construction at CSC. We don’t want a city hall or anything else at CSC. Leave CSC out of their development. Public city owned lands are not up for grabs by developers.

From: Kareen Lambert
To: City Council
Date: Monday, October 16, 2023 4:29:09 PM
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Dear City Council,
I urge you to reject agenda item 7 staff recommendations and refuse to grant permission to move forward with conceptual plans to replace the sports center with alternate uses. Use the money for education and road work!
The city needs to support and encourage sports facilities. The city has previously gone after the golf course and the softball field and is now going after the sports center. Leave our sports facilities alone and don’t touch our sports facilities in Cupertino. “ I’ve played tennis for many years at the Sports center it’s a place to see and communicate with community people laughing, enjoying activity! PLEASE leave some happiness in our beautiful Cupertino community. I’ve been a resident for 60 years! Children and adults need a place for activities and exercise. We don’t need more closed spaces in Cupertino. We need community. Think of Cupertino’s future and leave the Sports Center as is! We do NOT agree on agenda item #7. I would vote NO WAY!
Regards,
Kareen Hagenlocher-Lambert and Family
From: Michael Knauer
To: City Council
Subject: Sports Center
Date: Tuesday, October 17, 2023 12:52:51 PM
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The Sport Center has been a vital resource for the communities surrounding it for the large variety of it’s offerrings to a wide audience,i.e. children, young adults all the way to the elderly. Although I am primarily user of the tennis courts, I am impressed with the various classes offered and attended as well as the youth programs in the summer and other vacation periods. The advent of the pickle ball craze is also felt increasingly at the Center. This facility is a real gem for Cupertino and is irreplaceable. Thanks for listening!-- Michael Knauer
From: Liana Crabtree
To: City Council
Cc: City Clerk
Subject: written communication, 10/17/2023 Council Meeting, Agenda Item 7, Options for construction of a City Hall Facility
Date: Tuesday, October 17, 2023 12:37:20 PM
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Honorable Mayor Wei, Vice Mayor Mohan, Council Members Chao, Fruen, and Moore:

Please include this letter as public comment for the 10/17/2023 Council meeting, Agenda Item 7, “Options for construction of a City Hall Facility”.

I am writing in support of the City’s existing plan ($27 million cost forecast, 2022) to:
renovate the current City Hall for seismic retrofit and modernization;

maintain the 20-year-old Community Hall building for public meeting use;

construct a new Emergency Operations Center (EOC) on a parcel purchased by the City for this purpose at 10455 Torre Ave;

retain and preserve all of Library Field, “as is,” as a recreation venue and community shade oasis.

Cupertino’s projected budget shortfalls and diminished sales tax revenue projections are now well-documented.
“Cupertino Reserving $56.5 Million to Repay Tax from Apple Sales,” by Laura Mahoney, Bloomberg Tax, 10/6/2023, https://news.bloombergtax.com/daily-taxreport-state/cupertino-reserving-56-5-million-to-repay-tax-from-apple-sales By engaging its public land for public use, the City maintains its ability control its facilities' costs and build and maintain exactly what the community needs, separate from the construction-square-footage and rent-seeking goals sought by a private property owner and their investors.

I support efforts by the City to create subsidized housing located on land currently zoned for homes. Other jurisdictions are creating community land banks by investing in residential land that they hold indefinitely for development of subsidized rental and for-sale homes (homeowners own the home; the city retains title to the land). Jurisdictions with land banks often work with community land trusts and non-profit developers to build the homes that are subsidized and preserved for long-term housing use for people who need safe, sustainable homes.

I hope Council can refocus on work that prioritizes its not-yet-approved Housing Element draft and the creation of instruments—such as a public land bank and a public land trust—that can be used to construct and maintain the subsidized and sustainable homes inside the community that people need.

Sincerely,
Liana Crabtree
Cupertino resident
Resources
“The financialization of housing is…contributing to the degradation of the planet, driving the unsustainable construction of housing, sometimes just to be used as an instrument of investment, and eating into the global carbon budget…It is fueling the housing crisis by…driving unaffordability, evictions, and homelessness in cities across the world.”
– Julieta Perucca, The True Cost of Financialization
The Shift, #RIGHTTOHOUSING: https://make-the-shift.org/ National Housing Conference. Land Banks and Community Land Trusts:
https://nhc.org/policy-guide/land-based-solutions/land-banks-and-community-landtrusts/ From: Amit Barave
To: City Council
Subject: Please SAVE and Keep Cupertino Sports Center (CSC) intact Date: Tuesday, October 17, 2023 12:07:55 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.

Respected Office-bearers,
I trust this message finds you well. I hope that my email reaches you in a spirit of open dialogue and shared concern for the well-being of our community.

My purpose in reaching out to you is to convey my deep distress upon learning about the proposal to repurpose the Cupertino Sports Center (CSC).

We moved into Cupertino three years ago, and have always looked at CSC as a crown jewel in Cupertino city infrastructure. Through the pandemic and after, it continues to be one of the best maintained and run community facilities in the bay area.

For our family, CSC played a huge role in finding our feet and making connections within the community. I personally was simply able to visit the center and ask about how I could get plugged into social tennis. The members and staff were amazingly welcoming. The fitness classes, badminton etc turned out to be additional attractions and really helped us get settled into the Cupertino community.

CSC plays such a vital role in fostering a sense of community, health and well-being across multiple generations of residents - from school kids getting coached to seniors staying active.

It would affect us deeply and negatively if the facility was to get re-purposed.

The tennis courts that become available for booking a week in advance, are all booked, often within the first 10 minutes of the reservations opening up. If you aren't actually playing or taking a class at the center, and just walking by or driving by, the scenes of active kids, adults are uplifting for the spirit. Kennedy Middle School tennis program, the summers of active fun, learning, socialization for kids are all possible thanks to the CSC. My friends who are not Cupertino residents often mention how they are in awe of the CSC and are thrilled when I tell them even non-residents can participate!
We put our faith in you all as our elected officials. Please consider our request and kindly keep Cupertino Sports Center intact (and please do not consider repurposing as an option at all).

Best regards,
Amit Barave
Cupertino resident
From: Badri Narayan
To: City Council
Subject: CSC thoughts
Date: Tuesday, October 17, 2023 11:34:49 AM
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
Greetings from badri . As a CSC member before and one who comes there regularly from Folsom , The passion for tennis is amazing and everyone this is their second home . Many have put in a lot of heart and soul into tennis and other sports out there. It is my humble request to keep CSC as is and expand with it and not at the cost of tennis .

Thank you
badri
Sent from my iPhone
From: JOHN KOLSKI
To: City Council; Pamela Wu; Jean Bedord; City Attorney"s Office; Christopher Jensen; Chad Mosley; Jean Bedord Subject: Fwd: Cupertino Matters: Blackberry Farm Golf / City Hall; TONIGHT - City Council, Tues., Oct. 17, 6:45 p.m.

Regular Meeting; 5:30 Special Meeting
Date: Tuesday, October 17, 2023 1:58:53 PM
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YOU CAN PUT THE CITY HALL ANYPLACE YOU WANT,

EXCEPT AT THE MONTA VISTA PARK SITE AND YOU

CANT HAVE THAT SITE AS A TEMPORARY CITY HALL
EITHER
OUR NEIGHBORHOOD [AS WAS PROPOSED IN THE PAST]

DOES NOT WANT THE TRAFFIC AND PARKING ISSUES IT
WOULD BRING HERE.

CUPERTINO IS STILL THE PEOPLES CITY. NOT YOURS!

I AM SENDING THIS EMAIL TO EVERYBODY N INSPIRATION
HEIGHTS!
from: JOHN

THIS IS A CASUAL COMMUNICATION AND ALL STATEMENTS ARE MY OPINION The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the designated addressee named above. Recipients should not file copies of this email with publicly accessible records. If you are not the designated addressee named above or the authorized agent responsible for delivering it to the designated addressee, you received this document through inadvertent error and any further review, dissemination, distribution or copying of this communication by you or anyone else is strictly prohibited.

CAUTION: . Do not click links or open attachments unless you recognize the sender and know the content is safe. ---------- Forwarded message ---------
From: Jean Bedord <[email protected]>
Date: Tue, Oct 17, 2023 at 1:39 PM
Subject: Cupertino Matters: Blackberry Farm Golf / City Hall; TONIGHT - City Council, View translation in your browser
Friends,
2024 elections are only a year away, with changes in electoral districts to be completed by early 2024. The Fremont Union High School District (FUHSD) will transition Governing Board elections from At-Large Elections to By-Trustee Area Elections. Board members will be elected from trustee areas, instead of by all District voters. As part of this transition, the Board is seeking input from the community on the development of the trustee area boundary map by requesting that a Community Trustee Area Districting (CTAD) Committee be formed to facilitate the process of gathering input and developing the draft maps that will be considered by the Board.

The CTAD Committee will facilitate the process of gathering input and developing maps, to be considered by the FUHSD Board of Trustees for elections from 2024 to 2032 (i.e., until the next national census). There will be multiple community meetings to gather public input. The Committee will then submit a set of focus maps to the Board of Trustees to be considered. The Board of Trustees’ goal is that the CTAD Committee will represent the diverse Tues., Oct. 17, 6:45 p.m. Regular Meeting; 5:30 Special Meeting To: <[email protected]>
communities, interests and experience of the residents of the District.

The CTAD Committee application is now available on the Trustee Areas webpage<https://www.fuhsd.org/newsroom/trustee-areas>. The application window closes on October 30 at 4:00 PM.

In addition, there will be a FUHSD Board of Trustee Meeting on Tuesday, October 17th beginning at 5:15. There is an Item 8.2. Public Hearing: Input Regarding Composition of Trustee Areas, in order to receive public input (NB:
this procedure does not anticipate Board discussion of the item only the receipt of public input).

FUHSD has posted 4 sets of draft maps and a public input questionnaire at this webpage: https://www.fuhsd.org/newsroom/trustee-areas Note that this process does not affect school attendance boundaries nor does it result in the closure of schools.

The city of Cupertino received yet another threat of a lawsuit, this time from former council member Darcy Paul complaining about the Civil Grand Jury process and the city’s response to it. His letter and the scathing response from the City Attorney are available as Public Record Request 23-121 as an 8-page PDF with both letters.

UPCOMING - CITY COUNCIL - Tues, Oct. 17 6:45
p.m., Regular Meeting; Special meeting 5:30 p.m.

Agenda and Presentations
Special Meeting
Agenda Item No. 1: Approval of Joint Powers Agreement to establish the Cities Association of Santa Clara County Joint Powers Agency. Over thirty years ago, the cities and towns in Santa Clara County ("Member Agencies") established the CASCC to improve cooperation on issues of common interest. This action would formalize the relationship by establishing a Joint Powers Authority.

Regular Meeting.

The Ceremonial Item is Recognition of October as Domestic Violence Awareness Month
The Consent Calendar has 5 routine items. Members of the public may speak on any or all consent calendar items when the mayor asks for public comment on the Consent Calendar. If a member of the council pulls an item from the Consent Calendar, it will be addressed after all action items.

Members of the public may comment on that item when it is considered.

Item No.7: Options for construction of a City Hall facility. The current city hall is seismically unsafe, potentially endangering employees, a known liability since 2005. The HVAC and electrical systems are also well past the manufacturer’s useful life, and subject to breakdowns–breakdowns that are extremely expensive to repair because of the lack of available parts and relevant expertise to repair them. Various alternatives have been investigated over the years, but previous councils “kicked the can down the road”, including rejection of a new city hall included in the Vallco Town Center project in 2019.

The city now faces financial challenges, with an extreme structural deficit stemming from the California Department of Tax and Fee Administration’s audit of a major sales taxpayer in Cupertino. As a result, funding options for infrastructure are severely limited. The staff report for this item proposes exploring a new option, which is a private public partnership (P3). This approach involves a development which produces an income stream to offset the cost of new and better municipal facilities including a city hall.

At this point, the most feasible option for an income stream is rental housing, potentially below market rate housing funded through tax credits and grants.

Only two city owned parcels are large enough for such a mixed-use development: (1) the Sports Center parcel with a 25,000 sq. ft. building and 17 tennis courts occupying most of the site and (2) City Hall plus Community Hall (the Library and adjoining field would not be impacted). In either case, the current one story buildings would have to be demolished to build multistory buildings in order to replace and expand the existing civic uses.

Staff is requesting direction to further explore these options for financing a new City Hall, due to lack of other options for sources of funds for building improvements. P3 projects are inherently complex, and difficult to deliver, and the economics may change over the time required to implement such a project. No decision taken today would result in any change to current operations.

Item No. 8: Blackberry Farm (BBF) Golf Course Feasibility Study, considering options to complete minimal repairs and improvements to the BBF Golf Course (Option 1) or convert BBF Golf Course to a Natural Habitat (Option 3).

The need for improvements to this property owned by the city since 1991 has been on council agendas for several years, without any definitive action. The latest effort started in 2020 and has involved extensive studies and community outreach, culminating in the staff recommendation to proceed with minimal repairs to maintain the golf course.
“While the conversion to natural habitat might provide
environmental/sustainable benefits, the City would need a compelling reason, either cost benefit or a clear directive from the community, in order to dismantle an established public facility that is strongly supported by a significant segment of the community. While balancing the desirability of the existing recreational use with the potential to restore natural habitat is research and public outreach conducted by staff has not provided a compelling reason to remove the existing golf course.” Community support has focused on running the golf course as a business, raising fees, and reducing water use, as well as making improvements which could increase natural habitat areas. There is also the potential of leasing the golf course to an outside vendor to reduce city expenditures and increase City revenues.

Council Reports (now submitted in written form) were provided by Vice-Mayor Mohan, and Councilmembers Fruen and Moore. Mayor Wei submitted her report as a Supplemental Report. There is no report from Councilmember Chao.

Informational Items: (1) Receive the Monthly Treasurer's Report for September 2023 and (2) Receive the Monthly Treasurer's Investment Report for September 2023.

YOU CAN EXPRESS YOUR OPINION: Readers are encouraged to speak at council meeting, either at Oral Communications on any topic, or on specific agenda items. Speakers have three minutes, and coaching is available! Readers are also encouraged to email individual council members, the council as a whole, the city manager, and the city clerk. Note that emails to city council as a whole are forwarded to the city manager, whereas emails to individual councilmembers are not. Clearly include in your subject line the topic or agenda item on which you are commenting: These become part of the public record. Contacts at CupertinoMatters.org/express-your-opinion City Manager Pamela Wu: [email protected]
City Clerk Kirsten Squarcia: [email protected]
City Council: [email protected]
Mayor Hung Wei [email protected]
Vice-Mayor Sheila Mohan [email protected]
Councilmember Liang Chao: [email protected]
Councilmember J.R. [email protected]
Councilmember Kitty Moore [email protected]
RECAP - CITY COUNCIL - Tues, Oct. 10, 6:45 p.m.,
rescheduled from Oct. 3 Regular Meeting
YouTube: 3 hr. 32 min. (Ended at 10:20 p.m.)
Agenda and Presentations
Consent Calendar: Item No 10 Stevens Creek Boulevard/Calabazas Creek Storm Drain Repair Emergency Work Declaration, and authorization for the City Manager to negotiate and execute contract(s) for the repair work was considered first and out of order since is it is an emergency repair to start immediately that requires closure of a portion of Stevens Creek Boulevard.

Council approved unanimously.

Item No.11: Establish a General Fund Sales Tax Repayment Reserve. There was an extensive staff presentation outlining the situation regarding the potential liability of required sales tax repayments through the California Department of Tax and Fee Administration (CDTFA) due to an audit of a major Cupertino sales taxpayer.

The initial funding allocation is $56.5 million, corresponding to sales tax revenue received between April 2021 and June 2023–the legally permissible look-back period. Staff was authorized to augment this reserve as needed as additional disputed sales tax revenue is received.

The initial funding for the $56.5 reserve is as follows:
$40.5 million from General Fund Unassigned fund balance. $10.0 million from the General Fund Capital Projects Reserve. $6.0 million from the General Fund Economic Uncertainty Reserve.

Impact on city operations to be determined.

Approved 4-0 with Moore abstaining.

Consent Calendar: Item No 5: Updates to the Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations was pulled and heard at the end of the meeting. Council spent over 50 minutes hashing over minor changes, and low reimbursements, i.e. $25 for gifts for visiting delegations.. Agenda item approved 3-2, with Moore and Chao voting nay..

Consent Calendar Item #9: Award a construction contract for the McClellan Road Separated Bike Corridor Phase 3 Project to Redgwick Construction Company for improvements at the intersection of De Anza Boulevard and McClellan Road/Pacifica Drive and approve a budget modification in the amount of $975,000 was also pulled. This project is externally funded, and corrects a dangerous intersection. Thanks to the foresight of Public Works several years ago, an easement from property owners, crucial to the project, was granted to the city, so this was a no-brainer for unanimous approval.

CUPERTINO COURIER: October 13, 2023
The front page photo and article on page 5 is entitled ‘Real Talk About Fake Pills’: School districts tackle illicit fentanyl poisonings and overdoses, Educating families on the dangers of fentanyl. Community briefs are (1) Electric Showcase winner and (2) Othering and Belonging. There are no legal notices.

Warm regards,
Jean Bedord,
Cupertino Matters, Publisher and Editor
P.S. If you have received this from a friend and would like your own copy, go to CupertinoMatters.org to subscribe to our mailing list. If there's something you'd like to see included in Cupertino Matters, please feel free to email [email protected].

NB: Over 50 language translations of the newsletter are available by clicking on the “translate” link at the top of the newsletter, which directs users to a webpage with translation options at the upper right corner.

Copyright © 2023 Cupertino Matters, All rights reserved.

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unsubscribe from this listupdate subscription preferences Cupertino Matters · Stevens Creek Blvd. · Cupertino, CA 95014 · USA From: Ravi Shankar
To: City Council
Subject: Leave the Cupertino Sports Center alone
Date: Tuesday, October 17, 2023 1:58:02 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 Council Members,
My name is Ravi Shankar. I have been residing in Cupertino for 30 years, and have been a member of the Cupertino Sports Center for the past 27 years. I spend almost every day of the week at CSC either playing tennis or working out at the gym. I can emphatically say that the thousands of hours I have spent at CSC have had a huge effect on both my physical and mental health — the tennis, the exercise, and more importantly, the numerous ongoing social connections with fellow CSC members,
I want to highlight one activity at CSC that I have been intimately involved with all these years - The United States Tennis Association (USTA) Adult Leagues. USTA organizes team tennis competition all round the year for both men and women in different age groups (18+, 40+, 55+ 65+, 70+) , different skill levels (from beginners to advanced), and in different tennis formats (singles, doubles and mixed doubles). Teams from many cities around the Bay Area participate in a round-robin fashion. The top-ranked team out of the local matches advances to the Northern California Sectionals, and possibly from there, to the Nationals, where it gets to compete against teams from around the country.

I am the USTA coordinator at CSC, and help organize a multitude of teams that call CSC their ‘home facility’. I also have been captaining teams out of CSC for the past 16 years. At the local level, our teams compete against teams out of neighboring cities, Sunnyvale, Saratoga, Santa Clara, Los Gatos, Mountain View, Milpitas and Palo Alto. On a rare occasion with one of my teams, we had played against teams in the East Bay, in Alamo, San Lorenzo and Fremont. The way the league works is that we host half the number of matches at CSC, and the other half at our opposing teams’ facilities.

Our teams out of CSC compete well and have made several trips to the Sectionals, and a few times to the Nationals. In fact, this year the Women's 65+ team has won the Northern California Sectionals, and will be proudly representing CSC and Cupertino at the Nationals in January 2024. Go CSC! Go Cupertino!
Besides the tennis, I want to strongly emphasize an important aspect of USTA leagues — social camaraderie. In these days of polarization, it is amazing to see how people from different areas of the Bay Area, from different political and socio-economic backgrounds come together for a healthy competition. Not only has CSC promoted strong bonds within its membership, it has truly facilitated social connections across the Bay Area, and beyond.

With all my experience in USTA, I can emphatically say that Cupertino will not be able to support such a citizen-building activity without the services of the Cupertino Sports Center.

I will not be exaggerating when I say that CSC is my second home, and its members are my extended family. Please do not disrupt the positive influence that CSC is imparting on our lives. Please leave CSC the way it is, and where it is. Please let CSC thrive as the crown jewel of Cupertino for many generations to come.

Ravi Shankar
21852 Gardenview Ln
Cupertino
(408) 691-2271
[email protected]
From: Bharat Dighe
To: City Council; [email protected]; Liang Chao; Hung Wei Subject: Opposition to Eliminating the Cupertino Sports Center and Converting it into a Mixed Use Facility Date: Tuesday, October 17, 2023 3:13:31 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.

Date: 10/17/2023
To: Cupertino City Council Members, 10300 Torre Ave, Cupertino, CA 95014 Subject: Opposition to Eliminating the Cupertino Sports Center and Converting it into a Mixed Use Facility
Dear Hung Wei, Liang Chao, Kitty Moore, Shiela Mohan and JR. Fruen, I hope this letter finds you in good health and high spirits. I am writing as a concerned resident of Cupertino to express my strong opposition to the proposed conversion of the Cupertino Sports Center into a mixed-use facility. Cupertino Sports Center, has been a cornerstone of our community, serves as a vital hub for exercise, recreation, and social engagement for countless residents.

The Cupertino Sports Center has played an integral role in the lives of many Cupertino residents, offering a wide range of amenities that cater to the diverse needs of our community.

It provides an exceptional setting for residents of all ages to engage in physical activities and maintain their well-being.

As our population ages, the need for outlets to exercise, socialize, and enjoy recreational activities becomes increasingly important. The Cupertino Sports Center has, for years, been a valuable resource for our seniors, allowing them to remain active and socially connected. The availability of group and private tennis lessons, fitness classes, personal training, and a multitude of programs catering to various age groups makes it an invaluable asset for our community.

In addition, the Cupertino Sports Center fosters a sense of community and unity. It provides a platform for residents to come together, share experiences, and form friendships through socials, inter-club tennis events, and other programs. The presence of a pro shop on-site and the option for ball machine rentals further enhance the accessibility and convenience of the facility.

I understand that public mixed-use facilities serve a unique purpose within our community.

However, converting the Cupertino Sports Center into such a venue would result in the loss of a valuable resource that caters to the pressing needs of our residents. We need spaces for physical activity, recreational sports, and social gatherings, especially for our aging population. It would be a disservice to our community to eliminate or diminish a facility that offers such a wide array of opportunities for the well-being and social connectedness of our residents.

I urge the City Council to reconsider the proposal to convert the Cupertino Sports Center into a public hall and to explore alternative solutions that can coexist with the existing facility.

Maintaining the Cupertino Sports Center in its current form is vital to preserving the health and quality of life for many residents.

Thank you for your time and consideration. I am hopeful that, together, we can find a solution that serves the best interests of all Cupertino residents.

Sincerely,
Bharat Dighe
Cupertino Resident
4083060826
From: Liang Chao
To: City Clerk
Subject: Fwd: Item 7 City Hall
Date: Tuesday, October 17, 2023 3:08:26 PM
Please enter thus email into the written communication for the 10/17 Council meeting.

Thanks.

Liang Chao
Council Member
City Council
[email protected]
408-777-3192
From: Liang Chao <[email protected]>
Sent: Monday, October 16, 2023 10:15 AM
To: Pamela Wu <[email protected]>
Cc: Matt Morley <[email protected]>
Subject: Item 7 City Hall
Sorry to be a little late. I was feeling sick ....

Q1: The staff report states"In pursuing this direction, the assessment considered city properties where a private use could be combined with a municipal use, thereby creating the partnership that could make for a financially feasible project. Two properties are of a size to make an evaluation worthwhile: City Hall (including Community Hall) and the Sports Center. In both cases a project would involve removing the existing facilities and constructing a mixed use facility that meets a private development need as well as replacing the municipal need." As far as I can remember, the Council has not ever given the direction to consider any city property for "private use" or removing any "existing facilities" in the past. Please indicate on when and how this direction was given to the staff.

Q2: The staff report states "Staff enlisted the assistance of the Cumming Group and the Concord Group in a Go/ No Go assessment, leveraging other City properties". Have we signed a contract with both companies?
This contract with the Cumming Group was signed on August 29 for $170,000. How much is the contract with the Concord group and when was it signed.

I understand that the consultants often start their work before a contract is signed, like the consultatnts for the Housing Element and the concil workshop. When did each of the consultant start their work?
How much of the contracted amount has been spent so far? An estimation is good enough.

Q2: Compared with other cities, Cupertino does not own many properties for municipal uses. Has there been any assessment done for the future needs for municipal uses, given the fact that the draft Housing Element is required to plan at least 4600 housing units and almost 6000 units with a required 15-25% buffer. Thus, the total households would increase from 20,000 to 26,000 in 8 years.

Q3: Question from a community member: "What exact areas are considered part of the “Civic Center”? Is it City Hall? Community Hall? Cupertino Library? Library Field? The plaza area? Or is it all of it?"
Q4: The 2022 Council has approved a plan to renovate the City Hall, given that the city staff is quite concerned with the safety of the Cith Hall. With the PPP, what would be the timeline from planning to finding a partner etc.

Q5: Has the city stopped the renovation of the City Hall annex (Torre Ave building) completely? When was that stopped?
Thanks,
Liang
Liang Chao
Council Member
City Council
[email protected]
408-777-3192
From: Lisa Warren
To: City Clerk; City Council
Subject: Comments for Item 7 Oct 17 2023 CC meeting
Date: Tuesday, October 17, 2023 4:01:43 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.

I am completely in line with the input that Liana Crabtree submitted via email today, Oct 17, related to Item 7 -
Quoting the most urgent input here:

I am writing in support of the City’s existing plan ($27 million cost forecast, 2022) to:
renovate the current City Hall for seismic retrofit and modernization;

maintain the 20-year-old Community Hall building for public meeting use;

construct a new Emergency Operations Center (EOC) on a parcel purchased by the City for this purpose at 10455 Torre Ave;

retain and preserve all of Library Field, “as is,” as a recreation venue and community shade oasis.

Cupertino’s projected budget shortfalls and diminished sales tax revenue projections are now well-documented.

By engaging its public land for public use, the City maintains its ability control its facilities' costs and build and maintain exactly what the community needs, separate from the construction-square-footage and rent-seeking goals sought by a private property owner and their investors.
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

I also support comments from Former Mayor Patrick Kwok.

Quoting here:
"While City Council is elected by our residents to make decisions on behalf of our residents, I strongly urge the City Council to put measures on the ballot that allow for our residents to make such decisions, should the fiscal impact in excess of ( a determined dollar amount ) similar to the measure the City took for the construction of the new library." I ADD that: ANY DECISIONS to be made related to CITY OWNED property and the sale or gift of such properties, be properly decided by residents (the land/property owners) via an appropriate and legal voting system. :::::::::::::::::::::::::::::::::::::::::::::

In order to make Public Comment deadline, I will cut this email short and sent a separate message with more comments.

Thank you.

Lisa Warren
From: Ravi Rajagopalan
To: City Council
Subject: Opposition to Cupertino Sports Center repurposed or modified - personal note Date: Tuesday, October 17, 2023 4:01:33 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.

Dear Cupertino City Council members, I have read about the options being considered for repurposing or modifying Cupertino Sports Center (CSC) for a multiple use facility/ new city hall/ housing. I would like to describe what CSC has meant to me over the past several years.

I lost my wife to a brain tumor in 2013. The following few years were spent dealing with the loss as well as taking care of my daughter and in general just keeping myself and family afloat. As you might understand, I was quite depressed.

In May of 2018, on a whim while walking to Memorial Park, I walked in to CSC and asked if there were beginner group tennis classes. As luck would have it, they had one starting the following week. I registered, brought a tennis racket right there, picked it up the following Wednesday and walked in to my first tennis lesson.

That was the start of something magical. I both loved tennis and the group sessions. I also got invited by one of the members to join practice on the weekends. That was the start of both my journey in tennis as well as reestablishing a social life. Over time, my tennis improved as I played 3-4 times a week, took regular group classes followed by semi private classes and joined an USTA team at CSC. During COVID, I practically lived on the tennis courts, playing 2-3 hours daily.

My closest friends now are from the tennis group which I got invited to. From that invitation and meeting people playing practice at CSC as well as USTA tournaments, I now have a big friend circle. I go to CSC 4-5 times a week and almost always meet someone I know. It is home away from home.

As important, tennis played the key role in getting me out of my depression. I am happiest on the tennis courts. On the tennis court I forget the world, and over the years, slowly and steadily, I found my mental health improving to a point where after several years I feel normal now.

Please keep CSC as it is. It provides a service that cannot be measured in dollars. It is a place that provides happiness, satisfaction and joy. It also provides a great place for making friends.

Thank you very much,
Ravi
From: Magdy Bishara
To: City Council
Subject: Cupertino Sports Center
Date: Tuesday, October 17, 2023 4:01:17 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 Council Members,
As a long time Cupertino resident and frequent user of the Cupertino Sports Center, I am writing to ask that you please strongly consider the other options in the proposal and to provide a full analysis before a decision is made. Specifically the proposed renovation of 10455 Torre Avenue to provide a customer serving facility during a City Hall renovation.

According to the proposal that is still pending completion of design, so the final cost is presumably unknown.

The city could sell the Byrne Avenue Single Family residence described to pay for that renovation ($2.73M) and eventually sell the current City Hall or 10455 Torre Avenue.

The current City Hall seems far less utilized than the CSC which is used by many residents and their families for year round sports activities and children's summer camps.

Thank you.

Magdy Bishara
7562 Newcastle Dr, Cupertino, CA 95014
From: Rhoda Fry
To: City Council; City Clerk
Subject: Cupertino City Council Agenda Item #7 No to Building Housing on Civic Sites Date: Tuesday, October 17, 2023 3:59:51 PM
Attachments: image001.png
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,
For the Minutes Summary – Rhoda Fry said that we must not build housing on our civic sites nor enter into risky partnerships with developers.

The Staff Report proposes to replace our civic centers, including the 20-year new Community Hall in which this meeting takes place, with housing in a public-private partnership that would be subsidized by the City.

It appears that the City Staff has not followed the Council Direction given on February 21, 2023 City Council Special Meeting minutes reflect the following:
“Fruen moved and Wei seconded:

1. That staff suspend all work on the City Hall renovation plan considered at the City Council meeting of November 15, 2022, not including the City Hall Annex project.

2. That staff, instead, return to Council with options for a new city hall and civic center up to approximately 80,000 square feet including flexible events programming space(s) suitable for events hosting up to 500 people and based primarily upon options previously provided with the City Council at its meeting on November 15, 2022, with alternatives for such flexible events programming space at other city-owned locations, to be considered as part of the City Council's March 7 consideration of the Capital Improvement Program.

Moore moved and Chao seconded a substitute motion to re-affirm the direction previously provided for the City Hall Renovation Project. The substitute motion failed with Moore and Chao voting yes.

Fruen' s main motion carried with Chao and Moore voting no.” Source: https://records.cupertino.org/WebLink/DocView.aspx? id=1013790&dbid=0&repo=CityofCupertino
First, we have not received an update regarding the City Hall Annex this year. Why not? What progress has Staff made on this project? And why is it suddenly being abandoned? Second, the Council direction was to provide options for a new City Hall based primarily on options previously provided. Housing was not one of them. Why didn’t Staff ask Council if it could consider looking at housing options BEFORE signing a $170K contract to do so? Where is the detailed justification for this?
There are a dizzying number of problems with this proposal.

It acknowledges that public-private partnerships are complex. The last thing we need is to add complexity to our economically-hobbled City.

It also acknowledges that the City would need to subsidize housing – we don’t have money for that.

It is not the City’s job to make money for developers.

There are a number of projects that have been identified in the Housing Element for housing, we need to stick with those.

It seems that it does not make sense to be building massive amounts in housing right now – otherwise, Marina and the Hamptons would have already broken ground.

There is a BMR project slated for county-owned land near Vallco.

Also, how can the City possibly tear down our Civic buildings when they are already essentially mortgaged with City bonds that have another 7 or so years to be paid off.

It is not the City’s job to maximize revenue potential on City-owned land. We don’t do this for the library. Then why do it for the Sports Center.

The Sports Center has tennis Courts that provide a service that is not otherwise privately available. That land cannot be replaced.

Please STOP THESE EXPENSIVE STUDIES.

You need to be focused on the HOUSING ELEMENT and the BUDGET!!! It feels as though City Council members are looking for ways to reward developers in this scheme. Furthermore, by your continuing to delay work on the housing element, you are inviting the dreaded “builder’s remedy.”
I am deeply troubled by this contract. Council gave staff direction in February. A contract was drawn up in August and signed September 12. The work product was dated September 15. City Staff had plenty of time to reveal to Council what it had in mind and then the public could have weighed in.

Think about it - $170K could add up to 2-person years of City employment and that means less services for residents. That’s not okay.

Let’s keep the public-private partnerships to having the community sponsor concerts in the park – not for-profit housing schemes.

STOP THE STUDIES.

Thanks,
Rhoda Fry
From: Ping Gao
To: City Council
Cc: City Clerk
Subject: Construction of New City Hall
Date: Tuesday, October 17, 2023 3:58:06 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,
This is Ping, a 16-year Cupertino resident.

Regarding today's council meeting agenda item 7,
"Subject: Options for construction of a City Hall facility Recommended Action: Direct staff to pursue conceptual development of a mixed used Public Private Partnership for City Hall and the Sports Center properties", I just want to let you know that I am NOT in favor of constructing a new city hall.

In April this year, the city has started a survey saying that "The City of Cupertino is experiencing financial hardships and anticipating changes in the City’s short- and long-term financial outlook, which may lead to reductions in some services. ". How come the city would consider constructing a new city hall? I believe the previous city council has already approved a city hall remodel plan of $27 million to save money. The remodel plan would be sufficient to meet earthquake safety requirements.

In short, I don't see any urgent need to build a new city hall costing nearly $100M, especially when our city is facing financial hardships.

Btw, just want to let you know that my neighbors participated in the "Earthquake Brace + Bolt" program and it works really well. Although this program is only for residential buildings, I'm sure there would be a similar plan that works for the city hall as well. I would be glad to find out more information if the city needs it. It would save tons of money than constructing a new city hall.

Please keep my email in the record as part of the public comments.

Thanks,
Ping
From: Joan Chin
To: City Council
Cc: Kirsten Squarcia
Subject: Public Comment on 10/17/2023 Agenda Item 7
Date: Tuesday, October 17, 2023 3:19:45 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.

Honorable Mayor Wei, Vice Mayor Mohan, Council Members Chao, Fruen, and Moore:

Please include this letter as public comment for the 10/17/2023 Council meeting, Agenda Item 7, “Options for construction of a City Hall Facility”.

We need
to learn to live within our budget,
hold onto City-owned property and
definitely find better solutions for creating affordable housing than what is now being proposed. We do need solutions.

Plus, we must not lose the City Center as our city-wide gathering place. It is spacious for events with some seating and shade. Again, we need to think about how to enjoy what we have without making huge investments. We have to think about future generations and climate change.

We wish we could be as articulate as Liana Crabtree when she wrote the following. We applaud and endorse what she says below.

Liana wrote:

I am writing in support of the City’s existing plan ($27 million cost forecast, 2022) to:
renovate the current City Hall for seismic retrofit and modernization; maintain the 20-year-old Community Hall building for public meeting use;

construct a new Emergency Operations Center (EOC) on a parcel purchased by the City for this purpose at 10455 Torre Ave;

retain and preserve all of Library Field, “as is,” as a recreation venue and community shade oasis.

By engaging its public land for public use, the City maintains its ability to control its facilities' costs and build and maintain exactly what the community needs, separate from the construction-square-footage and rent-seeking goals sought by a private property owner and their investors.

I support efforts by the City to create subsidized housing located on land currently zoned for homes.

Thank you,
Joan and Wayne Chin
From: ROBERT HALLIWELL
To: City Council
Subject: Sports Center closing
Date: Tuesday, October 17, 2023 7:20:22 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 Council Members: I was extremely surprised to learn that there is consideration for closure of the Sports Center? I've been a member since 2005 after 39 years in the Cupertino Union School District.

CSC is an outstanding recreation and fitness facility serving Cupertino and surrounding residents of all ages! Cupertino should be proud of such a fine venue providing courts for tennis, raquetball, pickleball, and basketball. In addition CSC offers classes for all ages in the above activities in addition to yoga, zumba and various other fitness classes.

In the summer time and other "vacation" weeks CSC is flooded with excited youth taking classes that lead toward lifetime fitness and recreation.

I don't see any reason why the City of Cupertino would want to close such an outstanding amenity. Staff and residents should be proud to call CSC their own as a model for other cities.

Bob Halliwell
From: Maty Kramer
To: City Council
Cc: Maty Kramer
Subject: Please don"t touch the Cupertino sport center
Date: Tuesday, October 17, 2023 5:59:49 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.

As a long time resident of Cupertino, I would like to object to any action which will close, change, or "update" the Cupertino sports center. It is the only public facility which is used regularly by a lot of residents as well as non residents in Cupertino. I am an active tennis player and am using the facility about 5 or 6 days a week.

Please re-evaluate the usefullness of csc and let us enjoy our sport as is.

Thank you,
Maty kramer
11256 La Jolla ct
Cupertino
Yahoo Mail: Search, Organize, Conquer
From: [email protected]
To: City Council; Liang Chao; Hung Wei
Subject: Oppose converting CSC and City Hall to Mixed Use Date: Tuesday, October 17, 2023 5:56:31 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 Mayor & City Council,
I am Chitra Iyer, a long time resident of Cupertino. I am writing this email as a concerned resident.

I am extremely troubled by what is happening in our city. Why should the Cupertino Sports Center or the City Hall be converted to mixed use properties with housing? I strongly oppose this.

Since you are trying to hand off public properties owned by the community to private owners, they have to be voted on by the public through a ballot measure.

I highly recommend you consider the options of City Hall Seismic retrofitting which is the least expensive option and look at cutting operational costs of the city to balance the budget instead of selling city owned public properties.

Thank you.

Chitra Iyer
Cupertino Resident since 2004
From: Chiahsun Lin
To: City Council
Subject: no redevelopment at CSC.

Date: Tuesday, October 17, 2023 5:44:06 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.

Hi Cupertino City
I received an email from Cupertino Sports center regarding the coming development.

I am a Cupertino resident and would like to keep the sports center in current use.

We play tennis and basketball almost every other day.

Please no redevelopment at CSC.

Thanks,
Jasmine
From: Dennis Vaughn
To: City Council; Hung Wei; Sheila Mohan; Liang Chao; J.R. Fruen; Kitty Moore Cc: Kelly Vaughn
Subject: Vaughn: City Hall/Mixed Use at Cupertino Sports Center Date: Tuesday, October 17, 2023 5:36:32 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.

City council members,
Good evening and thank you for serving the wonderful City of Cupertino.

From what I'm hearing, there are a couple issues that the council is considering:

1. Building a new city hall

2. Permanently closing the Cupertino Sports Center
As a nearly 20 year resident of Cupertino I'm against both of the above.

First hold off on building a new city hall. Lease existing real estate in the community.

Second, our family regularly uses the Cupertino Sports Center. This is a valuable asset to the community. As a city we no longer have a movie theater (AMC and Blue Light Cinema have closed), with nothing to replace them in the near future. Also removing basketball courts, tennis courts, badminton courts, residents and my family will then be forced to go to other communities to use such facilities.

Both building a new city hall and closing the Sports Center are bad ideas. City council be creative and develop our city's resources, not squander them.

Dennis Vaughn
19363 Greenwood Cir, Cupertino, CA 95014
From: [email protected]
To: City Council; Kirsten Squarcia
Subject: Please remove the option to repurpose Cupertino Sports Center Date: Tuesday, October 17, 2023 5:27:40 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 Clerk,
Could you please include my mail below in written communications for 10/17 city council meeting? Dear Mayor and Cupertino City Council Members,
As we prepare to show up at the City Council meeting this evening (10/17), I am writing to reiterate the facts that many of my sports center colleagues have already communicated---Cupertino Sports Center (CSC) is as vital as oxygen and water for me and my family. We have been Cupertino resident since 2014 and CSC is probably the biggest reason we continue to live here despite my son going to college in Texas.

I was diagnosed with two potentially debilitating health conditions in 2018 and 2021 respectively, and tennis has played a major part in me learning to manage my health conditions through "lifestyle" change.

Tennis is like a health "barometer" for me. When I can keep up on court, I do not need any more indication that I am doing fine. The lessons (I started with beginner's class in 2018) and practice at CSC led to me becoming part of three USTA teams that made it to the National championships in 2023. CSC tennis community is family to me. My son, now away from home, can breathe easy from a distance that his newly empty-nester mom is doing fine, thanks to tennis. I dream of growing old right here in Cupertino while playing tennis at CSC.

I sincerely request the City Council to remove the "option" of considering repurposing CSC in any way that disrupts our tennis life even for a day.

See you soon at the city council meeting this evening.

Best regards,
Madhumita (Mita) Datta
Cupertino resident and CSC member
------------------------------------------------------------------------------------------------- Madhumita Datta, Ph. 301-560-0924 (home), 650-919-4287 (mobile) From: Kirsten Squarcia
To: City Clerk
Subject: FW: Cupertino Sports Center
Date: Tuesday, October 17, 2023 4:47:55 PM
Attachments: image009.png
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image011.png
image012.png
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Kirsten Squarcia
City Clerk
City Manager's Office
[email protected]
(408) 777-3225
From: Magdy Bishara <[email protected]>
Sent: Tuesday, October 17, 2023 4:06 PM
To: Kirsten Squarcia <[email protected]>
Subject: Fwd: Cupertino Sports Center
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.
---------- Forwarded message ---------
From: Magdy Bishara <[email protected]>
Date: Tue, Oct 17, 2023 at 4:00 PM
Subject: Cupertino Sports Center
To: <[email protected]>
Hello Council Members,
As a long time Cupertino resident and frequent user of the Cupertino Sports Center, I am writing to ask that you please strongly consider the other options in the proposal and to provide a full analysis before a decision is made. Specifically the proposed renovation of 10455 Torre Avenue to provide a customer serving facility during a City Hall renovation. According to the proposal that is still pending completion of design, so the final cost is presumably unknown.

The city could sell the Byrne Avenue Single Family residence described to pay for that renovation ($2.73M) and eventually sell the current City Hall or 10455 Torre Avenue.

The current City Hall seems far less utilized than the CSC which is used by many residents and their families for year round sports activities and children's summer camps.

Thank you.

Magdy Bishara
7562 Newcastle Dr, Cupertino, CA 95014
From: Kirsten Squarcia
To: Ravi Rajagopalan
Cc: City Clerk
Subject: RE: Opposition to Cupertino Sports Center repurposed or modified - personal note Date: Tuesday, October 17, 2023 4:46:43 PM
Attachments: image009.png
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Hello Ravi, your comments will be included in the written communications for the October 17 City Council meeting.

Regards, Kirsten
Kirsten Squarcia
City Clerk
City Manager's Office
[email protected]
(408) 777-3225
From: Ravi Rajagopalan <[email protected]> Sent: Tuesday, October 17, 2023 4:04 PM
To: Kirsten Squarcia <[email protected]>
Subject: Fwd: Opposition to Cupertino Sports Center repurposed or modified - personal note 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, could you please include my mail below in the written communication for the 10/17 city council meeting?
Thanks a lot,
Ravi
---------- Forwarded message ---------
From: Ravi Rajagopalan <[email protected]> Date: Tue, Oct 17, 2023 at 4:01 PM
Subject: Opposition to Cupertino Sports Center repurposed or modified - personal note To: <[email protected]>
Dear Cupertino City Council members, I have read about the options being considered for repurposing or modifying Cupertino Sports Center (CSC) for a multiple use facility/ new city hall/ housing. I would like to describe what CSC has meant to me over the past several years.

I lost my wife to a brain tumor in 2013. The following few years were spent dealing with the loss as well as taking care of my daughter and in general just keeping myself and family afloat. As you might understand, I was quite depressed.

In May of 2018, on a whim while walking to Memorial Park, I walked in to CSC and asked if there were beginner group tennis classes. As luck would have it, they had one starting the following week.

I registered, brought a tennis racket right there, picked it up the following Wednesday and walked in to my first tennis lesson.

That was the start of something magical. I both loved tennis and the group sessions. I also got invited by one of the members to join practice on the weekends. That was the start of both my journey in tennis as well as reestablishing a social life. Over time, my tennis improved as I played 3-4 times a week, took regular group classes followed by semi private classes and joined an USTA team at CSC.

During COVID, I practically lived on the tennis courts, playing 2-3 hours daily.

My closest friends now are from the tennis group which I got invited to. From that invitation and meeting people playing practice at CSC as well as USTA tournaments, I now have a big friend circle. I go to CSC 4-5 times a week and almost always meet someone I know. It is home away from home.

As important, tennis played the key role in getting me out of my depression. I am happiest on the tennis courts. On the tennis court I forget the world, and over the years, slowly and steadily, I found my mental health improving to a point where after several years I feel normal now.

Please keep CSC as it is. It provides a service that cannot be measured in dollars. It is a place that provides happiness, satisfaction and joy. It also provides a great place for making friends.

Thank you very much,
Ravi
From: Kirsten Squarcia
To: City Clerk
Subject: FW: Opposition to Cupertino Sports Center repurposed or modified - personal note Date: Tuesday, October 17, 2023 4:45:27 PM
Attachments: image009.png
image010.png
image011.png
image012.png
image013.png
image014.png
image015.png
image016.png
Kirsten Squarcia
City Clerk
City Manager's Office
[email protected]
(408) 777-3225
From: Ravi Rajagopalan <[email protected]> Sent: Tuesday, October 17, 2023 4:04 PM
To: Kirsten Squarcia <[email protected]>
Subject: Fwd: Opposition to Cupertino Sports Center repurposed or modified - personal note 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, could you please include my mail below in the written communication for the 10/17 city council meeting?
Thanks a lot,
Ravi
---------- Forwarded message ---------
From: Ravi Rajagopalan <[email protected]> Date: Tue, Oct 17, 2023 at 4:01 PM
Subject: Opposition to Cupertino Sports Center repurposed or modified - personal note To: <[email protected]>
Dear Cupertino City Council members, I have read about the options being considered for repurposing or modifying Cupertino Sports Center (CSC) for a multiple use facility/ new city hall/ housing. I would like to describe what CSC has meant to me over the past several years.

I lost my wife to a brain tumor in 2013. The following few years were spent dealing with the loss as well as taking care of my daughter and in general just keeping myself and family afloat. As you might understand, I was quite depressed.

In May of 2018, on a whim while walking to Memorial Park, I walked in to CSC and asked if there were beginner group tennis classes. As luck would have it, they had one starting the following week.

I registered, brought a tennis racket right there, picked it up the following Wednesday and walked in to my first tennis lesson.

That was the start of something magical. I both loved tennis and the group sessions. I also got invited by one of the members to join practice on the weekends. That was the start of both my journey in tennis as well as reestablishing a social life. Over time, my tennis improved as I played 3-4 times a week, took regular group classes followed by semi private classes and joined an USTA team at CSC.

During COVID, I practically lived on the tennis courts, playing 2-3 hours daily.

My closest friends now are from the tennis group which I got invited to. From that invitation and meeting people playing practice at CSC as well as USTA tournaments, I now have a big friend circle. I go to CSC 4-5 times a week and almost always meet someone I know. It is home away from home.

As important, tennis played the key role in getting me out of my depression. I am happiest on the tennis courts. On the tennis court I forget the world, and over the years, slowly and steadily, I found my mental health improving to a point where after several years I feel normal now.

Please keep CSC as it is. It provides a service that cannot be measured in dollars. It is a place that provides happiness, satisfaction and joy. It also provides a great place for making friends.

Thank you very much,
Ravi
From: Kirsten Squarcia
To: City Clerk
Subject: FW: My comments for today’s meeting. Agenda #7 Date: Tuesday, October 17, 2023 4:44:55 PM
Attachments: image009.png
image010.png
image011.png
image012.png
image013.png
image014.png
image015.png
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Kirsten Squarcia
City Clerk
City Manager's Office
[email protected]
(408) 777-3225
From: Ravi Shankar <[email protected]>
Sent: Tuesday, October 17, 2023 3:39 PM
To: Kirsten Squarcia <[email protected]>
Subject: My comments for today’s meeting. Agenda #7
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,
This is regarding Agenda #7. I am unable to speak in person or on zoom today. Could you kindly read my comments out for the council? Thanks so much.

Cheers,
Ravi Shankar
Here are my comments:

Dear Council Members, My name is Ravi Shankar. I have been residing in Cupertino for 30 years, and have been a member of the Cupertino Sports Center for the past 27 years.

I want to highlight one activity at CSC that I have been intimately involved with all these years - The United States Tennis Association (USTA) Adult Leagues. I am the USTA coordinator at CSC, and help organize a multitude of teams that call CSC their ‘home facility’. I also have been captaining teams out of CSC for the past 15 years. At the local level, our teams compete against teams out of neighboring cities:

Sunnyvale, Santa Clara, Saratoga, Los Gatos, etc.

Our teams out of CSC compete well. Several teams have won the local competition earning trips to the Northern California Sectionals, and a few times to the Nationals where they had competed against top teams from around the country. In fact, this year the Women's 65+ team will be proudly representing CSC and Cupertino at the Nationals in January 2024.

Besides the tennis, I want to strongly emphasize an important aspect of USTA leagues — social camaraderie. In these days of polarization, it is amazing to see how people from different areas of the Bay Area, from different political and socioeconomic backgrounds come together for a healthy competition. Not only has CSC promoted strong bonds anmong its membership, it has truly facilitated social connections across the Bay Area, and beyond. With all my experience in USTA, I can emphatically say that Cupertino will not be able to support such a citizen-building activity without the services of the Cupertino Sports Center.

I will not be exaggerating when I say that CSC is my second home, and its members are my extended family. Please do not disrupt the positive influence that CSC is imparting on our lives. Please leave CSC the way it is, and where it is. Please let CSC thrive as the crown jewel of Cupertino for many generations to come. Thank you all for your attention.
————————————————————————
From: Kirsten Squarcia
To: City Clerk
Subject: FW: Opposition to repurposing of Cupertino Sports Center (CSC) - a personal view Date: Tuesday, October 17, 2023 4:44:38 PM
Attachments: image009.png
image010.png
image011.png
image012.png
image013.png
image014.png
image015.png
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Kirsten Squarcia
City Clerk
City Manager's Office
[email protected]
(408) 777-3225
From: Ravi Rajagopalan <[email protected]> Sent: Tuesday, October 17, 2023 3:50 PM
To: Kirsten Squarcia <[email protected]>
Subject: Opposition to repurposing of Cupertino Sports Center (CSC) - a personal view 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 Kristen, I have read about the options being considered for repurposing or modifying Cupertino Sports Center (CSC) for a multiple use facility/ new city hall/ housing. I would like to describe what CSC has meant to me over the past several years.

I lost my wife to a brain tumor in 2013. The following few years were spent dealing with the loss as well as taking care of my daughter and in general just keeping myself and family afloat. As you might understand, I was quite depressed.

In May of 2018, on a whim while walking to Memorial Park, I walked in to CSC and asked if there were beginner group tennis classes. As luck would have it, they had one starting the following week.

I registered, brought a tennis racket right there, picked it up the following Wednesday and walked in to my first tennis lesson.

That was the start of something magical. I both loved tennis and the group sessions. I also got invited by one of the members to join practice on the weekends. That was the start of both my journey in tennis as well as reestablishing a social life. Over time, my tennis improved as I played 3-4 times a week, took regular group classes followed by semi private classes and joined an USTA team at CSC.

During COVID, I practically lived on the tennis courts, playing 2-3 hours daily.

My closest friends now are from the tennis group which I got invited to. From that invitation and meeting people playing practice at CSC as well as USTA tournaments, I now have a big friend circle. I go to CSC 4-5 times a week and almost always meet someone I know. It is home away from home.

As important, tennis played the key role in getting me out of my depression. I am happiest on the tennis courts. On the tennis court I forget the world, and over the years, slowly and steadily, I found my mental health improving to a point where after several years I feel normal now.

Please keep CSC as it is. It provides a service that cannot be measured in dollars. It is a place that provides happiness, satisfaction and joy. It also provides a great place for making friends.

Thank you very much,
Ravi
From: Kirsten Squarcia
To: City Clerk
Subject: FW: Public Comment on 10/17/2023 Agenda Item 7 Date: Tuesday, October 17, 2023 4:44:25 PM
Attachments: image009.png
image010.png
image011.png
image012.png
image013.png
image014.png
image015.png
image016.png
Kirsten Squarcia
City Clerk
City Manager's Office
[email protected]
(408) 777-3225
From: Joan Chin <[email protected]>
Sent: Tuesday, October 17, 2023 3:19 PM
To: City Council <[email protected]>
Cc: Kirsten Squarcia <[email protected]>
Subject: Public Comment on 10/17/2023 Agenda Item 7
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.

Honorable Mayor Wei, Vice Mayor Mohan, Council Members Chao, Fruen, and Moore:

Please include this letter as public comment for the 10/17/2023 Council meeting, Agenda Item 7, “Options for construction of a City Hall Facility”.

We need
to learn to live within our budget,
hold onto City-owned property and
definitely find better solutions for creating affordable housing than what is now being proposed. We do need
solutions.

Plus, we must not lose the City Center as our city-wide gathering place. It is spacious for events with some seating and shade. Again, we need to think about how to enjoy what we have without making huge investments. We have to think about future generations and climate change.

We wish we could be as articulate as Liana Crabtree when she wrote the following. We applaud and endorse what she says below.

Liana wrote:

I am writing in support of the City’s existing plan ($27 million cost forecast, 2022) to:
renovate the current City Hall for seismic retrofit and modernization; maintain the 20-year-old Community Hall building for public meeting use;

construct a new Emergency Operations Center (EOC) on a parcel purchased by the City for this purpose at 10455 Torre Ave;

retain and preserve all of Library Field, “as is,” as a recreation venue and community shade oasis.

By engaging its public land for public use, the City maintains its ability to control its facilities' costs and build and maintain exactly what the community needs, separate from the construction-square-footage and rent-seeking goals sought by a private property owner and their investors.

I support efforts by the City to create subsidized housing located on land currently zoned for homes.

Thank you,
Joan and Wayne Chin
From: Kirsten Squarcia
To: City Clerk
Subject: FW: Leave the Cupertino Sports Center alone
Date: Tuesday, October 17, 2023 4:44:20 PM
Attachments: image009.png
image010.png
image011.png
image012.png
image013.png
image014.png
image015.png
image016.png
Kirsten Squarcia
City Clerk
City Manager's Office
[email protected]
(408) 777-3225
From: Ravi Shankar <[email protected]>
Sent: Tuesday, October 17, 2023 3:33 PM
To: Kirsten Squarcia <[email protected]>
Subject: Fwd: Leave the Cupertino Sports Center alone
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,
This is regarding Agenda #7. Can you please include the following email (that I had sent out to the council ) written communications?
Thanks,
Ravi Shankar
Begin forwarded message:

From: Ravi Shankar <[email protected]>
Date: October 17, 2023 at 1:57:53 PM PDT
To: [email protected]
Subject: Leave the Cupertino Sports Center alone
Hello Council Members,
My name is Ravi Shankar. I have been residing in Cupertino for 30 years, and have been a member of the Cupertino Sports Center for the past 27 years. I spend almost every day of the week at CSC either playing tennis or working out at the gym. I can emphatically say that the thousands of hours I have spent at CSC have had a huge effect on both my physical and mental health — the tennis, the exercise, and more importantly, the numerous ongoing social connections with fellow CSC members, I want to highlight one activity at CSC that I have been intimately involved with all these years - The United States Tennis Association (USTA) Adult Leagues. USTA organizes team tennis competition all round the year for both men and women in different age groups (18+, 40+, 55+ 65+, 70+) , different skill levels (from beginners to advanced), and in different tennis formats (singles, doubles and mixed doubles). Teams from many cities around the Bay Area participate in a round-robin fashion. The top-ranked team out of the local matches advances to the Northern California Sectionals, and possibly from there, to the Nationals, where it gets to compete against teams from around the country.

I am the USTA coordinator at CSC, and help organize a multitude of teams that call CSC their ‘home facility’. I also have been captaining teams out of CSC for the past 16 years. At the local level, our teams compete against teams out of neighboring cities, Sunnyvale, Saratoga, Santa Clara, Los Gatos, Mountain View, Milpitas and Palo Alto. On a rare occasion with one of my teams, we had played against teams in the East Bay, in Alamo, San Lorenzo and Fremont. The way the league works is that we host half the number of matches at CSC, and the other half at our opposing teams’ facilities.

Our teams out of CSC compete well and have made several trips to the Sectionals, and a few times to the Nationals. In fact, this year the Women's 65+ team has won the Northern California Sectionals, and will be proudly representing CSC and Cupertino at the Nationals in January 2024. Go CSC! Go Cupertino!
Besides the tennis, I want to strongly emphasize an important aspect of USTA leagues — social camaraderie. In these days of polarization, it is amazing to see how people from different areas of the Bay Area, from different political and socio-economic backgrounds come together for a healthy competition. Not only has CSC promoted strong bonds within its membership, it has truly facilitated social connections across the Bay Area, and beyond. With all my experience in USTA, I can emphatically say that Cupertino will not be able to support such a citizen-building activity without the services of the Cupertino Sports Center.

I will not be exaggerating when I say that CSC is my second home, and its members are my extended family. Please do not disrupt the positive influence that CSC is imparting on our lives. Please leave CSC the way it is, and where it is. Please let CSC thrive as the crown jewel of Cupertino for many generations to come.

Ravi Shankar
21852 Gardenview Ln
Cupertino
(408) 691-2271
[email protected]
From: Lahary Ravuri
To: City Council; [email protected]; Liang Chao; Hung Wei Subject: Opposition to Eliminating the Cupertino Sports Center and Converting it into a Mixed Use Facility Date: Tuesday, October 17, 2023 4:43:39 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.

Date: 10/12/2023
To: Cupertino City Council Members, 10300 Torre Ave, Cupertino, CA 95014 Subject: Opposition to Eliminating the Cupertino Sports Center and Converting it into a Mixed Use Facility
Dear Hung Wei, Liang Chao, Kitty Moore, Shiela Mohan and JR. Fruen, I hope this letter finds you in good health and high spirits. I am writing as a concerned resident of Cupertino to express my strong opposition to the proposed conversion of the Cupertino Sports Center into a mixed-use facility.

Cupertino Sports Center, has been a cornerstone of our community, serves as a vital hub for exercise, recreation, and social engagement for countless residents.

The Cupertino Sports Center has played an integral role in the lives of many Cupertino residents, offering a wide range of amenities that cater to the diverse needs of our community. It provides an exceptional setting for residents of all ages to engage in physical activities and maintain their wellbeing.

As our population ages, the need for outlets to exercise, socialize, and enjoy recreational activities becomes increasingly important. The Cupertino Sports Center has, for years, been a valuable resource for our seniors, allowing them to remain active and socially connected. The availability of group and private tennis lessons, fitness classes, personal training, and a multitude of programs catering to various age groups makes it an invaluable asset for our community.

In addition, the Cupertino Sports Center fosters a sense of community and unity. It provides a platform for residents to come together, share experiences, and form friendships through socials, inter-club tennis events, and other programs. The presence of a pro shop on-site and the option for ball machine rentals further enhance the accessibility and convenience of the facility.

I understand that public mixed-use facilities serve a unique purpose within our community. However, converting the Cupertino Sports Center into such a venue would result in the loss of a valuable resource that caters to the pressing needs of our residents. We need spaces for physical activity, recreational sports, and social gatherings, especially for our aging population.

It would be a disservice to our community to eliminate or diminish a facility that offers such a wide array of opportunities for the well-being and social connectedness of our residents.

I urge the City Council to reconsider the proposal to convert the Cupertino Sports Center into a public hall and to explore alternative solutions that can coexist with the existing facility. Maintaining the Cupertino Sports Center in its current form is vital to preserving the health and quality of life for many residents.

Thank you for your time and consideration. I am hopeful that, together, we can find a solution that serves the best interests of all Cupertino residents.

Sincerely,
Lahary Ravuri
20959 Greenleaf Drive
Cupertino, CA 95014
From: Ravi K Sapaharam
To: City Council
Cc: Nita Rajput
Subject: Concerns About Recent City Council Actions
Date: Tuesday, October 17, 2023 4:29:45 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 Mayor & City Council,
I am writing to express my deep concerns about recent developments in Cupertino, where I have been a long-time resident.

I am disheartened and alarmed by the direction our city seems to be taking under your leadership. It appears that certain decisions are being made that could, in essence, place a substantial "FOR SALE" sign on properties owned by the hardworking taxpayers of Cupertino. Such actions are, by any measure, unacceptable, and I believe they stand in contrast to the principles that we, as the electorate, entrusted our leaders to uphold. It is worth noting that the previous council majority, between 2018 and 2022, worked to acquire and preserve public properties like Lawrence Mitty Park, Byrne Residence, and 10455 Torre Avenue.

Given the gravity of these decisions and their impact on our community, I firmly believe that the transfer of public properties to private ownership should be subject to direct approval by the public through a transparent and democratic ballot measure. Failing that, I want to emphasize that we, as engaged citizens, are prepared to take action to ensure that our voices are heard. We have, in the past, successfully collected the necessary signatures to make our concerns known, and we stand ready to do so again.

I strongly urge you to reconsider the current trajectory and explore alternative solutions, such as the seismic retrofitting of City Hall, which offers a more cost-effective option. Additionally, I encourage you to closely examine ways to trim operational costs and achieve a balanced budget without resorting to the sale of valuable public properties that our community treasures.

Thank you for your attention to these pressing matters.

Sincerely,
Ravi Kiran Singh
Cupertino Resident
NOTICE TO RECIPIENT: If you are not the intended recipient of this e-mail, you are prohibited from sharing, copying, or otherwise using or disclosing its contents. If you have received this e-mail in error, please notify the sender immediately by reply e-mail and permanently delete this e-mail and any attachments without reading, forwarding or saving them. v.173.295 Thank you.

From: Tiffany Colantuono
To: City Council; Cupertino City Manager"s Office
Subject: KEEP Cupertino Sports Center and SPEND MORE on students and schools Date: Tuesday, October 17, 2023 4:17:23 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.

The city's funds should be used wisely and should be used for the majority of residents, kids, youth, adults, elderly, not just the government. It would be a shame to build a new city hall while many (if not all) Cupertino schools have kids learning in mobile classrooms, eating lunch outdoors, and having to rely on parents' donation to have music or art lessons! We are living in one of the highest taxed residential areas in the entire United States, and this should not have happened.

The CSC greatly benefits the community and it would be a shame if it is used for gaining profit for funding another government building.

Sincerely,
T. C.

Oear Mayor,
We are truly shocked to hear about the plan to remove our beloved Cupertino Sports Center. we kindly request t hat you reconsider this decision. Our sports center holds a special place in the hearts of many in our community.

Plea se, Mayor, do not take away our cherished sports center.

Warm regards,
Amy Mao and
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From: Kirsten Squarcia
To: City Clerk
Subject: FW: Thank you for Saving Cupertino Sport Center Date: Wednesday, October 18, 2023 1:02:03 PM
Kirsten Squarcia
City Clerk
City Manager's Office
[email protected]
(408) 777-3225
-----Original Message-----
From: Leoanh La <[email protected]>
Sent: Wednesday, October 18, 2023 8:05 AM
To: City Council <[email protected]>
Cc: Kirsten Squarcia <[email protected]>
Subject: Thank you for Saving Cupertino Sport Center
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.

Good Morning Mayor and Council,
It it with elation that I woke up to news that the majority of the City Council have sympathized with our members’ input and agreed to take our beloved Sport Center off the list for potential development.

Leaving it as is will continue to foster positive and healthy impact on hundreds of families in Cupertino and surrounding areas, for generations to come. You can count on the fact that, not being a Cupertino resident, most of my sale tax dollars will be spent around the Center because that’s where I spend most of my times.

Please accept my heartfelt gratitude for making the right choice for this treasured facility.

Kindly include this email in the 10/30 meeting communication for the record.

Le-Oanh La
(408)318-3924
CC 10-17-2023
Item #8
Blackberry Farm Golf
Course Feasibility Study
Written Communications
From: Sharon Blaine
To: City Council
Subject: Blackberry Golf Course
Date: Monday, October 16, 2023 7:55:10 AM
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 Mayor Wei, Vice-Mayor Mohan, Council Members Cheo, Fruen, Moore, I am writing to you regarding the retention of our local golf course.

Blackberry Golf Course is one of the few golf courses Countywide which provides a place for beginning golfers, family golf outings, seniors with limited physical abilities, and golfers who want to work on improving their “short game”.

The west side of Cupertino already has acres and acres of natural parklands with miles of trails within just 1 or 2 miles of the golf course. Here are just a few of them:

The Chestnut Parking Lot entrance to Stevens Creek County Park is located just

1.3 miles from McClellan Park. This park has over a thousand acres of land providing natural habitat. Plus over 9 miles of trails.

The Hammond-Snyder Loop Trail is a 2.2 mile trail in the Cupertino foothills accessed via either Stevens Creek Blvd. west of Foothill Blvd or via Cristo Rey Dr.

Access points are between 1 & 2 miles from Blackberry Golf Course.

Less than 1 mile west of Foothill Blvd, off of Cristo Rey Dr., is one of the entrances to Rancho San Antonio County Park & Open Space Preserve. This park covers over 6 miles of land providing natural habitat plus over 29 miles of trails! These are just a few of the areas located on the westside of Cupertino which provide habitat to native animal species, birdlife, plants, while providing opportunities for people to enjoy nature. There are several others including of course, McClellan Ranch Park, which is adjacent to the Blackberry Golf Course.

In addition there are several city parks also on the westside which provide activities for residents. To name just a few of these there is: Linda Vista Park; Varian Park; Monta Vista Park; Memorial Park; Somerset Square Park; Jollyman Park.

Meanwhile there are hundreds of new housing units now being built and hundreds more planned for Cupertino. There will be many new residents who will enjoy golfing at Blackberry.

Right now the green fees at Blackberry are much lower than at other comparable courses. Sunken Gardens (a slightly smaller course) costs $6 more. Pruneridge (a slightly larger course) costs $5 more. Raise the price at Blackberry a few dollars.

This will help cover any increased costs.

I urge you to fix up the golf course, use well water for the landscaping, plant native plants in the areas not used for golf which will help sustain the wildlife in the area.

Please fix up and retain this recreational gem.

Sharon Blaine (55 year resident)
--
Sharon Blaine
Cupertino, CA
From: Craig Kessler
To: City Council
Subject: Item # 8 on 10/17/23 Agenda – Support of Staff Recommendation Date: Sunday, October 15, 2023 11:21:32 PM
Attachments: Item 8 on October 17, 2023 Council Agenda – Support of Staff Recommendation.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.

Clerk of the Council:

Attached please find a letter from the California Alliance for Golf (CAG) regarding Item #8 on Tuesday night’s agenda (October 17, 2023) of the Cupertino City Council.

Thank you in advance for placing the letter into the record and transmitting to the Mayor and Council.

Respectfully Submitted on Behalf of the California Alliance for Golf, CRAIG KESSLER l Director, Public Affairs

SOUTHERN CALIFORNIA GOLF ASSOCIATION
3740 Cahuenga Blvd., Studio City CA 91604
(818) 980-3630 ext. 320 / (310) 941-4803 (cell)
www.scga.org
Your Passion. Our Purpose.

California Alliance for Golf
3333 Concours Street
Building 2, Suite 2100
Ontario, CA 91764
October 17, 2023
City of Cupertino
City Council / City Hall
10300 Torre Avenue
Cupertino CA 95014
Dear Mayor Wei and Members of the City Council:

Subject: Item # 8 on 10/17/23 Agenda – Support of Staff Recommendation The California Alliance for Golf (CAG) is a consortium of non-profit organizations that advocate, support, and advance the game of golf in California.

CAG’s member organizations include Northern California Golf Association, Southern California Golf Association, Northern California Section of the PGA of America, Southern California Section of the PGA of America, California Golf Course Superintendents Association, California Golf Course Owners Association, and the Club Managers Association of America. Taken together they represent 380,000 golfers and the PGA golf professionals, golf course superintendents, and general managers who labor to bring the game to all of California’s 3.3 million golfers.

The Alliance has closely tracked the progress of Cupertino’s evaluation of options for the Blackberry Farms Golf Course but wanted to remain silent until such time as the city performed its due diligence in corralling and then packaging the information necessary for Mayor and Council to issue an informed judgment as to the best course forward for the parcel – “best course” in terms of financial feasibility and much more so in terms of the wants and needs of the residents of Cupertino.

The Alliance breaks its silence to offer two (2) things: 1) Support of Staff’s analysis of the situation along with Staff’s specific recommendations in support thereof, and 2) a pledge of assistance should Council concur in Staff’s recommendation and proceed to improve and re-imagine the golf facility as a more environmentally sustainable golf course and community engaging amenity.

CAG cannot tell Cupertino and its residents what they want or need, but to the degree to which they determine to want and/or need a golf facility, the Alliance can offer assistance in support of that decision, albeit we certainly do concur in the Cupertino community’s apparent strong support for keeping Blackberry Farms as a golf amenity.

Respectfully Submitted,
Jim Ferrin
Jim Ferrin, President
California Alliance for Golf (CAG)
cc: Ms. Pamela Wu, City Manager
From: Susan Michael
To: City Clerk
Subject: FW: Cupertino City Council / October 17, 2023 Meeting / Blackberry Farm Golf Course / SF Public Golf Alliance Letter in Support of Blackberry Farm Golf Course
Date: Tuesday, October 10, 2023 9:26:20 AM
Attachments: Ltr.SFPGA.CupertinoCCil.BlackberryFarm.10.10.23.pdf image001.png
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Susan Michael
Capital Improvement Programs Manager
Public Works
[email protected]
(408)777-1328/(408)510-0622
From: Richard Harris <[email protected]>
Sent: Tuesday, October 10, 2023 9:05 AM
To: City Council <[email protected]>; Cupertino City Manager's Office <[email protected]>; Cupertino City Manager's Office <[email protected]>; Susan Michael <[email protected]>
Cc: [email protected]; [email protected]; [email protected]; [email protected] Subject: Cupertino City Council / October 17, 2023 Meeting / Blackberry Farm Golf Course / SF Public Golf Alliance Letter in Support of Blackberry Farm Golf Course 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 and Officials –
Please find attached above the letter of San Francisco Public Golf Alliance in support of the Blackberry Farm Golf Course. We understand that the golf course matter will be heard at Council’s Oct. 17 meeting – though the Agenda for that meeting is not yet (as of Oct. 10) posted on the City’s website. We ask that our letter be circulated to Councilmembers and included in Council’s Agenda Packet for the Oct. 17 meeting (or at whatever meeting the matter is to be addressed by Council).

Please confirm receipt, and that our letter is distributed and included in the Agenda Packet.

Thank you and Best Regards,
Richard Harris, President
San Francisco Public Golf Alliance
826 Stanyan St.

San Francisco, CA. 94117
415-290-5718
1 826 Stanyan St., San Francisco, CA 94117 • 415-290-5718 • [email protected] October 10, 2023
Cupertino City Council
Mayor Hung Wei
City Hall, 10300 Torre Avenue
Cupertino, CA 95014-3202
Re: City Council Meeting, Oct. 17, 2023 (agenda item not yet known) Support for Continued Operation of Blackberry Farm Golf Course Dear Mayor Wei and Councilmembers,
We are a charitable non-profit organization of public golfers, most of whose 7,000-plus men and women members are San Francisco and Peninsula residents, with hundreds of members in the Santa Clara Valley, including Cupertino. We support continued operation of Cupertino’s Blackberry Farm Golf Course.

We have reviewed the Blackberry Farm Feasibility Study and the materials cited and linked in that Study (https://engagecupertino.org/bbfgolfcourse), and wish to highlight the following facts and testimony for Council’s consideration:
 The Minutes of the September 8, 2022 Joint Commission Meeting, report that of the 22 public speakers at that meeting, 16 – 8 men and 8 women – spoke in favor of keeping the golf course.
2  The Written Communications file from that same September 8 2022 Joint Commission Meeting contains six public letters – individual letters from 3 women and 3 men – supporting the golf course, citing reasons from fire safety for surrounding neighborhoods to youth and senior recreation, to community service. There were only two letters against the golf course.
 We are struck by Edson Whitehurst’s September 7, 2022 letter in that Communications file, with its heartfelt description of the community meeting place function of the golf course:
“Over the 25+ years I’ve been playing at BBFGC, it has become a second home. . . .

All the friends and relationships over the years. I have met people form all ages and walks of life and all over the world. There is no other place (or golf course) like it. . .

Where many people over the years learned to play golf. Friends and families from all over the bay area (and the world for that matter) have met and gathered. Children as young as 6 learning to play with their parents, to retirees in their 80’s and 90’s.” Reminding us that for all its other virtues – from open space to fire break to neighborhood amenity to sport and recreation for every demographic and age group – a town’s public golf course is a valuable and accessible community meeting place, gathering place, and common ground.

Respectfully submitted,
Richard Harris
President, San Francisco Public Golf Alliance
cc:

Pamela Wu, City Manager
Rachelle Sander, Recreation & Park Director
Susan Michael, Capital Improvements Program Manager
Emmy Moore Minister, Jim Ferrin, California Alliance for Golf George Maxe, The First Tee of Silicon Valley
Don Halsey
From: Lowenthal Admin
To: Hung Wei
Cc: Pamela Wu; Kirsten Squarcia
Subject: Item 8: Keep golf at Blackberry Farm
Date: Tuesday, October 17, 2023 1:38:31 AM
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Dear Mayor Wei,
I’m writing to urge you to continue to provide golf for our residents at Blackberry Farm.We need more things to do in Cupertino, not fewer.Blackberry Farm golf is especially popular with kids and seniors and I’m hoping that you’ll agree that the best use of City land is to provide services to residents.We have plenty of open space areas now, including right next door at McClellan Ranch and the Stevens Creek riparian areas.

Please keep providing lots of recreational alternatives for our diverse interests.We appreciate having choices for recreation in Cupertino.

It seems like you’ve got two good staff recommendations, either to make some minimal repairs and continue to have Parks and Rec operate the golf course, or lease the property to someone who will continue to provide golfing opportunities but at a profit to the City.

Personally I prefer the lease option, but either option is much better that eliminating our popular golf course.

Thanks for reading,
Richard Lowenthal
From: Shiao-ping Lu
To: City Council; City Clerk; Cupertino City Manager"s Office Cc: Shiao-ping Lu
Subject: Agenda item #8 Blackberry Farm Golf Course
Date: Tuesday, October 17, 2023 1:41:58 PM
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Dear Mayor, Council members, and city staff,
As a frequent senior golf player at the Blackberry farm, I fully support keeping the golf course, and improving the irrigation system. The golf course not only is the best compared to all neighboring cities for seniors, families, youths and varsity teams training/competition, it is also a sanctuary for many birds.

We're all aware of the drought and its impact on our community. An improved irrigation system would reduce the overall water usage by at least 20% (according to surveys by many golf courses around the country), with better coverage to keep the course green.

Thank you for your thoughtful consideration to keep the golf course ! Best regards
Shiao-ping Lu
From: Rhoda Fry
To: City Council; City Clerk
Subject: Cupertino City Council October 17 Agenda Item #8 Blackberry Farm Golf Course Date: Tuesday, October 17, 2023 3:27:52 PM
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Cupertino City Council October 17 Agenda Item #8 Blackberry Farm Golf Course Dear City Council,
Around 2000, the City published an MND, Mitigated Negative Declaration, in which the watering system at Blackberry Farm would be replaced.

It hasn’t happened yet. It also stipulated that there would be no night-time lighting because it was adjacent to a wildlife corridor.

Since then, as outlined in the Staff Report, there have been various re-imaginings of the Golf Course are for other uses.

We’ve come full circle, keep the Golf Course. If we added up the cost of all of those studies, how much of that new watering system could we have paid for??? One thing that the public has been unanimous about is having the Golf Course be a lowkey amenity.

Yet the Staff Report suggests further study which was NOT part of COUNCIL DIRECTION.
- - - Staff report below - - - my comments in BOLD
If Council gives direction to keep the golf course, Staff will pursue with some investigations:
a. Minimal Repairs: scope and costs YES
b. Operational improvements that improve revenue generation JUST RAISE FEES by a buck and call it a day
c. Golf Course Enhancements that improve the course and perhaps reduce the footprint NO d. Explore Lease Options with outside vendors to reduce costs and increase City revenues NO STOP THE ENDLESS STUDIES.

REPAIR THE WATERING SYSTEM.

PLEASE ALSO CONSIDER REDUCING IRRIGATION IN NON-ESSENTIAL GOLF AREAS to SAVE WATER and INCREASE NATURAL HABITAT
We don’t need enhancements. This would reduce the charm and affordability of the golf course. And by all means, no night-time lighting per the MND to protect adjacent wildlife.

Sincerely,
Rhoda Fry, 40-year resident
From: Connie Cunningham
To: City Council; Cupertino City Manager"s Office
Cc: City Clerk
Subject: Action Calendar Agenda Item 8, Blackberry Golf course Feasibility Study Date: Tuesday, October 17, 2023 3:34:55 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 Mayor Wei, Vice-Mayor Mohan, and Councilmembers:

My name is Connie L Cunningham, resident of Cupertino , andHousing Commissioner (self only)
Subject: Agenda Item 8. Subject: Blackberry Farm (BBF) Golf Course Feasibility Study, considering options to complete minimal repairs and improvements to the BBF Golf Course (Option 1) or convert BBF Golf Course to a Natural Habitat (Option 3).

Over several months in late 2022 and the early part of 2023, I advocated at many City Council meetings and other community gatherings, along with many other residents, for converting the BBF Golf Course to a Natural Habitat. I am deeply saddened that the result of the hours of documentation of Climate Change in the world and, especially, the huge impact that cities can have on the improvement of air quality, water quality, ecosystem repair, and sustaining wildlife (like the Steelhead Trout in and along Stevens Creek) was not interpreted by City Staff as I interpret it.Research supports, and I agree, that the City has a compelling reason, in a clear directive from the community, to dismantle an established public facility that is strongly supported by a significant segment of the community. It is a hard choice.

However, the future is not just knocking on our door. The future is slamming its entire weight against our door.Cupertino has a real possibility to meet the future with greater force—and win.

At the minimum, I hope the City Council takes the following steps if it approves this Agenda Item as written.
<!--[if !supportLists]-->1.<!--[endif]-->Investigate golf course and facility improvements that may further reduce water use, and add opportunities to increase natural habitat.

Of particular note are the possibilities for butterfly meadows, bird and other wild critter habitat, in the existing dry ponds and other locations on the course. <!--[if !supportLists]-->2.<!--[endif]-->I recommend that City NOT explore the leasing the golf course to an outside vendor to further reduce expenditures and increase City revenues.
<!--[if !supportLists]-->1.<!--[endif]-->In reviews offered by residents in this review process, the City has found that it is difficult to properly maintain the golf course with appropriate non-toxic methods, control critters without toxins, and to properly keep toxins used from running into Stevens Creek.
<!--[if !supportLists]-->2.<!--[endif]-->In my long experience with the federal government, I can state that cutting costs by giving the job to someone else is not always effective, partly because the chain of command is lengthened.Cutting costs can lead to cutting work—especially safety standards.

I urge the Council to not approve this Option 1 for Blackberry Farm.Too much work has been done by City Staff and by residents participating in the process, to keep the golf course of the past.Step into the future and fight Climate Change.

Sincerely,
Connie L. Cunningham