CC 11-21-2023 Searchable Packet.pdf — Cupertino City Council, November 21, 2023 (part 2 of 3)

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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-MAIL
ADDRESS:

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

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER

OTH- STATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY)

POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR
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)
© 1988-2016 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
Willis Towers Watson Southeast, Inc.
c/o 26 Century Blvd
P.O. Box 305191
Nashville, TN 372305191 USA
Acuity Brands, Inc.

ONE LITHONIA WAY
CONYERS, GA 300123957
This Voids and Replaces Previously Issued Certificate Dated 09/25/2023 WITH ID: W30302622.

Re: Building Energy Management and Analytics Program.

City, its City Council, boards and commissions, officers, employees and volunteers are included as Additional Insureds as respects to General Liability and Auto Liability.

City of Cupertino
Attn: Marilyn Pavlov
10300 Torre Ave
Cupertino, CA 95014-3202
11/07/2023
1-877-945-7378 1-888-467-2378
[email protected]
National Union Fire Insurance Company of P 19445
AIU Insurance Company 19399
W31015025
A
3,000,000
3,000,000
50,000,000
12,000,000
Y GL 1728978 09/01/2023 09/01/2024
A
5,000,000
Y AL 4993211 09/01/2023 09/01/2024
A 10,000,000
25,000
38178804 09/01/2023 09/01/2024 10,000,000
WC 049154361 B Y 3,000,000
09/01/2023 09/01/2024 3,000,000
3,000,000
SR ID: 24933566 BATCH: 3200860
Willis Towers Watson Certificate Center

Page 1 of 2 ends

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ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:

Acuity Brands, Inc.

ONE LITHONIA WAY
CONYERS, GA 300123957
Waiver of Subrogation applies in favor of Additional Insureds with respects to Workers Compensation as permitted by law.
22 Willis Towers Watson Southeast, Inc.

See Page 1
See Page 1 See Page 1 See Page 1
25 Certificate of Liability Insurance
SR ID: 24933566 BATCH: 3200860 CERT: W31015025
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SPECIMIncludes
This endorsement, effective 12:01 A.M.

ENDORSEMENT
09/01/2020 forms a part of
Policy No. CA 499-32-11 issued to ACUITY BRANDS, INC.
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

SCHEDULE
ADDITIONAL INSURED:

Any person or organization for whom you are contractually bound to provide Additional Insured status but only to the extent of such person's or organization's liability arising out of the use of a covered "auto".

I. SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add:
d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of:
(1) The coverage and/or limits of this policy, or
(2) The coverage and/or limits required by said contract or agreement.

AUTHORIZED REPRESENTATIVE
87950 (9/14) opyrighted information of Insurance Services Office, Inc., with its permission.

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09/01/20

AIU INSURANCE CO

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CITY OF CUPERTINO
Agenda Item
23-12765 Agenda Date:
11/21/2023 Agenda #: 9.

Subject: Microsoft Enterprise Software Licensing Agreement with SoftwareONE, Inc., for licensing of Microsoft programs, systems, and databases.

1. Authorize the City Manager to execute a Microsoft Enterprise Software Licensing Agreement with SoftwareONE, Inc., utilizing Riverside County’s statewide competitively awarded Microsoft Enterprise Agreement for licensing of Microsoft programs, systems, and databases for a total amount not to exceed $342,729.23, including a 10% contingency in the amount $31,157.20.

2. Find under Municipal Code section 3.22.070(C) that this procurement from Riverside County is exempt from formal competitive bidding procedures.

CITY OF CUPERTINO Page 1 of 1 Printed on 11/15/2023
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CITY COUNCIL STAFF REPORT
Meeting: November 21, 2023
Subject
Microsoft Enterprise Software Licensing Agreement with SoftwareONE, Inc., for licensing of Microsoft programs, systems, and databases.

Recommended Actions

2. Find under Municipal Code section 3.22.070(C) that this procurement from Riverside County is exempt from formal competitive bidding procedures.

Reasons for Recommendation
The City has adopted a standardized approach that utilizes Microsoft products for our server, storage, and desktop environments. This includes software solutions, encompassing Office365, Windows Operating Systems, SQL databases, and various office productivity tools. The implementation and maintenance of an Enterprise Agreement (EA) enables the City to efficiently manage and oversee these computing environments while retaining flexibility to purchase new licenses when required.

To optimize cost‐efficiency and service quality, the City has leveraged a “piggyback” contract starting in 2020 utilizing the County of Riversideʹs Microsoft EA which was competitively procured in 2019. The result of the County of Riverside procurement identified a select group of vendors that could provide the identified licensing and support. On January 12, 2023, the City executed a three‐ year Enterprise Software Licensing Agreement with SoftwareONE, Inc., an identified vendor from the competitive procurement, which allowed access to the County of Riverside negotiated advantageous volume pricing for Microsoft 218
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licenses. Utilizing the Riverside‐negotiated Microsoft Agreement, with SoftwareONE, Inc. as the awarded vendor, results in substantially reduced per‐ license costs, ensuring fiscal alignment with the Cityʹs streamlined budgetary parameters.

This Enterprise Software Licensing Agreement spanning a three‐year period has an overall dollar value of $342,729.23, necessitating Council approval. Upon preparing for the second year of the Enterprise Software Licensing Agreement, staff identified the need to obtain Council approval to comply with Municipal Code requirements as presently interpreted by the City Attorney’s Office.1 Staff is requesting Council to ratify execution of a three‐year agreement with SoftwareONE.

Formal Competitive Bidding Exemption
CMC Chapter 3.22 ordinarily requires that purchases of services be selected through a Request for Proposal process. However, CMC § 3.22.070 provides for exemptions to the RFP process requirements of that chapter when these purchases occur from any other public agency created under the laws of the State of California or the United States Government. The County of Riverside Agreement is a Master Agreement available to any public entity in the State of California, and all participating agencies and counties reside underneath. It is meant so that the hundreds of entities don’t have to approve the Master Terms and Conditions.

Sustainability Impact
Not applicable.

Fiscal Impact
The cumulative expenditures for SoftwareONE, Inc., are part of the Adopted Budgets approved by Council.

California Environmental Quality Act
Not applicable.
1 Although the single‐year value of the contract is less than approval limit, the City Attorney’s Office has advised that services with an expected multi‐year duration should generally be procured through a multi‐year contract and presented to Council for approval if the total value of the contact exceeds the City Manager’s approval authority.
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_____________________________________
Prepared by: Bill Mitchell, Chief Technology Officer
Reviewed by: Michael Woo, Senior Assistant City Attorney Matt Morley, Assistant City Manager
Approved by: Pamela Wu, City Manager
Chris Jensen, City Attorney
Attachments:

A – Licensing Solution Provider Agreement No. PSA‐0001530 B – First Amendment to Agreement No. PSA‐0001530
C – Microsoft Volume Licensing Program Agreement
D – SoftwareONE, Inc., Year 2 & 3 Quotes
E – Insurance Requirements
F – Proof of Insurance
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ATTACHMENT A
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ATTACHMENT C
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Invoice Address
City Of Cupertino
Attn Accounts Payable
10300 Torre Ave
CUPERTINO, CA 95014
Shipping Address
City Of Cupertino
Attn Accounts Payable
10300 Torre Ave
CUPERTINO, CA 95014
License Address
City Of Cupertino
Attn Accounts Payable
10300 Torre Ave
CUPERTINO, CA 95014
[email protected]
Quote US-QUO-1127206
Start Date Version
Description End Date OS Amount
Pos. No. Manufacturer Disc-Lev. Format Lic. Model Lic. Metrics Qty. Unit Price Sales Tax (USD) EA 53381734
10 QEK-00003 VSProSubw/GHEnt NON-SPEC/AL
Government 1 Year SA Add Prod Non-Specific
Microsoft LEVEL D MNT IEA ADD G 7 309.43 0.00 2,166.01
20 7NQ-00292 SQL Server Standard Core 2 Lic Core Lic NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific
Microsoft LEVEL D MNT IEA ADD G 11 637.00 0.00 7,007.00 30 9EA-00278 Windows Server DataCenter Core 2 Lic Core Lic NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific
Microsoft LEVEL D MNT IEA ADD G 48 126.81 0.00 6,086.88 40 9EM-00270 Windows Server Standard Core 2 Lic Core Lic NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific
Microsoft LEVEL D MNT IEA ADD G 24 19.46 0.00 467.04
50 AAA-10758 Office 365 Plan E3 from SA ShrdSvr per User NON-SPEC/AL Government Monthly Subscription Non-Specific
City Of Cupertino
Attn Accounts Payable
10300 Torre Ave
CUPERTINO, CA 95014
Date
Customer No.

Your Reference
Account Manager
Your Contact Person
E-Mail
Our Tax ID
11/07/2023
US-SCU-128936
MS EA Annual Payment Yr 2 (MRH)
Monte Hunter
GOV US
[email protected]
39-1501504

ATTACHMENT D
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Start Date Version
Description End Date OS Amount
Pos. No. Manufacturer Disc-Lev. Format Lic. Model Lic. Metrics Qty. Unit Price Sales Tax (USD) Microsoft LEVEL D SUB IEA GOV 248 197.28 0.00 48,925.44 60 SY9-00004 Office 365 E5 per User NON-SPEC/AL
Government Monthly Subscription Non-Specific
Microsoft LEVEL D SUB IEA GOV 14 401.28 0.00 5,617.92
70 AAA-12416 Core CAL Bridge for Office 365 from SA per User NON-SPEC/AL Government Monthly Subscription Non-Specific
Microsoft LEVEL D SUB IEA GOV 282 16.80 0.00 4,737.60
80 AAA-12414 Core CAL Bridge for Office 365 per User NON-SPEC/AL Government Monthly Subscription Non-Specific
Microsoft LEVEL D SUB IEA GOV 106 19.80 0.00 2,098.80
90 T6A-00024 Office 365 E1 Shared Server per User NON-SPEC/AL Government Monthly Subscription Non-Specific
Microsoft LEVEL D SUB IEA GOV 115 83.88 0.00 9,646.20
100 6E6-00003 Azure Active Directory Premium P2 per User NON-SPEC/AL Government Monthly Subscription Add Prod Non-Specific
Microsoft LEVEL D SUB IEA ADD G 3 80.76 0.00 242.28
110 J5U-00001 Azure prepayment - US Gov NON-SPEC/AL
Government Monthly Subscription Add Prod Non-Specific
Microsoft LEVEL D SUB IEA ADD G 1 1,200.00 0.00 1,200.00 120 SEJ-00002 PowerAppsPlan per User NON-SPEC/AL
Government Monthly Subscription Add Prod Non-Specific
Microsoft LEVEL D SUB IEA ADD G 2 211.20 0.00 422.40
130 SDW-00001 PowerAppsPrtlLgnCpcty AddOn NON-SPEC/AL
Government Monthly Subscription Add Prod Non-Specific
Microsoft LEVEL D SUB IEA ADD G 1 2,112.00 0.00 2,112.00 140 SPU-00002 Power Automate plan Shared Server SubsVL MVL PerUsr NON-SPEC/AL Government Monthly Subscription Add Prod Non-Specific
Microsoft LEVEL D SUB IEA ADD G 7 158.40 0.00 1,108.80
150 NK4-00002 Power BI Pro ShrdSvr per User NON-SPEC/AL Government Monthly Subscription Add Prod Non-Specific
Microsoft LEVEL D SUB IEA ADD G 1 90.12 0.00 90.12
160 7LS-00002 Project P3 Per User NON-SPEC/AL
Government Monthly Subscription Add Prod Non-Specific
Microsoft LEVEL D SUB IEA ADD G 38 269.28 0.00 10,232.64 Quote US-QUO-1127206
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Start Date Version
Description End Date OS Amount
Pos. No. Manufacturer Disc-Lev. Format Lic. Model Lic. Metrics Qty. Unit Price Sales Tax (USD) 170 5YI-00007 SharePoint Syntex SubsVL AddOn NON-SPEC/AL Government Monthly Subscription Add Prod Non-Specific
Microsoft LEVEL D SUB IEA ADD G 1 45.84 0.00 45.84
180 NYG-00001 Audio Conferencing Select Dial Out Sub Add-on NON-SPEC/AL Government Monthly Subscription Add Prod Non-Specific
Microsoft LEVEL D SUB IEA ADD G 364 0.00 0.00 0.00
190 AAA-10842 Office 365 E3 ShrdSvr PerUsr NON-SPEC/AL
Government Monthly Subscription Non-Specific
Microsoft LEVEL D SUB IEA GOV 2 236.71 0.00 473.42
Total USD excl. Tax 102,680.39
Tax 0.00
Total USD incl. Tax 102,680.39
Thank you for your request for quote.

This offer is non-binding. Prices are subject to change if supplier prices or currency values fluctuate.

Unless customer & SoftwareONE have executed a reseller agreement, customer hereby agrees that by placing an order with SoftwareONE customer will be bound by SoftwareONE’s terms & conditions, located at www.softwareone.com, and the placement of your order represents your agreement thereto. If Customer is required by law to withhold any tax from amount payable, the amount payable will be increased so that after making all required withholdings, SoftwareONE receives equal to the amount it would have received had no such withholdings been made.

Payment Terms 30 Days net
Shipping Method Electronic Software Delivery
Quote valid until 11/30/2023
Prices are based on 30 Days net, FOB SoftwareONE. Shipping and Handling and applicable Sales Tax are additional. Once SoftwareONE places an order is placed with a Licensor, Customer’s order will be binding and non-cancelable, except as otherwise provided by the Licensor’s Return Policies.

CONFIDENTIAL INFORMATION: This Quote, and any attachment is intended only for the person or entity to which it is addressed, and contains confidential and/or privileged information. Any review, retransmission, dissemination or other use of this information to persons or entities other than the intended recipient is prohibited.

View or place within PyraCloud: https://v1.client.softwareone.com/portal/Quotes/DocumentDetail/US/US-QUO-1127206 Quote US-QUO-1127206
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Invoice Address
City Of Cupertino
Attn Accounts Payable
10300 Torre Ave
CUPERTINO, CA 95014
Shipping Address
City Of Cupertino
Attn Accounts Payable
10300 Torre Ave
CUPERTINO, CA 95014
License Address
City Of Cupertino
Attn Accounts Payable
10300 Torre Ave
CUPERTINO, CA 95014
[email protected]
Quote US-QUO-1135060
Start Date Version
Description End Date OS Amount
Pos. No. Manufacturer Disc-Lev. Format Lic. Model Lic. Metrics Qty. Unit Price Sales Tax (USD) EA 53381734
10 QEK-00003 VSProSubw/GHEnt NON-SPEC/AL
Government 1 Year SA Add Prod Non-Specific
Microsoft LEVEL D MNT IEA ADD G 7 309.43 0.00 2,166.01
20 7NQ-00292 SQL Server Standard Core 2 Lic Core Lic NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific
Microsoft LEVEL D MNT IEA ADD G 11 637.00 0.00 7,007.00 30 9EA-00278 Windows Server DataCenter Core 2 Lic Core Lic NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific
Microsoft LEVEL D MNT IEA ADD G 48 126.81 0.00 6,086.88 40 9EM-00270 Windows Server Standard Core 2 Lic Core Lic NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific
Microsoft LEVEL D MNT IEA ADD G 24 19.46 0.00 467.04
50 AAA-10758 Office 365 Plan E3 from SA ShrdSvr per User NON-SPEC/AL Government Monthly Subscription Non-Specific
City Of Cupertino
Attn Accounts Payable
10300 Torre Ave
CUPERTINO, CA 95014
Date
Customer No.

Your Reference
Account Manager
Your Contact Person
E-Mail
Our Tax ID
11/07/2023
US-SCU-128936
MS EA Annual Payment Yr 3 (MRH)
Monte Hunter
GOV US
[email protected]
39-1501504
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Start Date Version
Description End Date OS Amount
Pos. No. Manufacturer Disc-Lev. Format Lic. Model Lic. Metrics Qty. Unit Price Sales Tax (USD) Microsoft LEVEL D SUB IEA GOV 248 197.28 0.00 48,925.44 60 SY9-00004 Office 365 E5 per User NON-SPEC/AL
Government Monthly Subscription Non-Specific
Microsoft LEVEL D SUB IEA GOV 14 401.28 0.00 5,617.92
70 AAA-12416 Core CAL Bridge for Office 365 from SA per User NON-SPEC/AL Government Monthly Subscription Non-Specific
Microsoft LEVEL D SUB IEA GOV 282 16.80 0.00 4,737.60
80 AAA-12414 Core CAL Bridge for Office 365 per User NON-SPEC/AL Government Monthly Subscription Non-Specific
Microsoft LEVEL D SUB IEA GOV 106 19.80 0.00 2,098.80
90 T6A-00024 Office 365 E1 Shared Server per User NON-SPEC/AL Government Monthly Subscription Non-Specific
Microsoft LEVEL D SUB IEA GOV 115 83.88 0.00 9,646.20
100 6E6-00003 Entra ID P2 Sub Per User NON-SPEC/AL
Government Monthly Subscription Add Prod Non-Specific
Microsoft LEVEL D SUB IEA ADD G 3 80.76 0.00 242.28
110 J5U-00001 Azure prepayment - US Gov NON-SPEC/AL
Government Monthly Subscription Add Prod Non-Specific
Microsoft LEVEL D SUB IEA ADD G 1 1,200.00 0.00 1,200.00 120 SEJ-00002 PowerAppsPlan per User NON-SPEC/AL
Government Monthly Subscription Add Prod Non-Specific
Microsoft LEVEL D SUB IEA ADD G 2 211.20 0.00 422.40
130 SDW-00001 PowerAppsPrtlLgnCpcty AddOn NON-SPEC/AL
Government Monthly Subscription Add Prod Non-Specific
Microsoft LEVEL D SUB IEA ADD G 1 2,112.00 0.00 2,112.00 140 SPU-00002 Power Automate plan Shared Server SubsVL MVL PerUsr NON-SPEC/AL Government Monthly Subscription Add Prod Non-Specific
Microsoft LEVEL D SUB IEA ADD G 7 158.40 0.00 1,108.80
150 NK4-00002 Power BI Pro ShrdSvr per User NON-SPEC/AL Government Monthly Subscription Add Prod Non-Specific
Microsoft LEVEL D SUB IEA ADD G 1 90.12 0.00 90.12
160 7LS-00002 Project P3 Per User NON-SPEC/AL
Government Monthly Subscription Add Prod Non-Specific
Microsoft LEVEL D SUB IEA ADD G 38 269.28 0.00 10,232.64 Quote US-QUO-1135060
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Start Date Version
Description End Date OS Amount
Pos. No. Manufacturer Disc-Lev. Format Lic. Model Lic. Metrics Qty. Unit Price Sales Tax (USD) 170 5YI-00007 SharePoint Syntex SubsVL AddOn NON-SPEC/AL Government Monthly Subscription Add Prod Non-Specific
Microsoft LEVEL D SUB IEA ADD G 1 45.84 0.00 45.84
180 NYG-00001 Audio Conferencing Select Dial Out Sub Add-on NON-SPEC/AL Government Monthly Subscription Add Prod Non-Specific
Microsoft LEVEL D SUB IEA ADD G 364 0.00 0.00 0.00
190 AAA-10842 Office 365 E3 ShrdSvr PerUsr NON-SPEC/AL
Government Monthly Subscription Non-Specific
Microsoft LEVEL D SUB IEA GOV 2 236.71 0.00 473.42
Total USD excl. Tax 102,680.39
Tax 0.00
Total USD incl. Tax 102,680.39
Thank you for your request for quote.

This offer is non-binding. Prices are subject to change if supplier prices or currency values fluctuate.

View or place within PyraCloud: https://v1.client.softwareone.com/portal/Quotes/DocumentDetail/US/US-QUO-1135060 Quote US-QUO-1135060
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Contract No. ________

Page 1 of 3 ends

Exhibit B: Insurance Requirements and Proof of Insurance Proof of insurance coverage described below is attached to this Exhibit, with City named as additional insured.

1. MINIMUM SCOPE AND LIMITS OF REQUIRED INSURANCE POLICIES Additional Insureds:

The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s Commercial General Liability and Cyber Liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used).

Primary Coverage:

Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or selfinsurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Software Provider’s insurance and shall not contribute to it.

Notice of Cancellation:

Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.

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.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Software Provider, its employees, agents, and subconsultants.

General Liability:

For bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Software Provider’s policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 01 (04/13).

ATTACHMENT E
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Contract No. ________
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 Agreement. 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.

Automobile Liability
ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage.

Cyber Liability:

Insurance, with limits not less than:
$2,000,000 each occurrence
$2,000,000 aggregate - all other
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Software Provider in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

If the Software Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Software Provider . Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

2. ABSENCE OF INSURANCE COVERAGE.

City may direct Software Provider to immediately cease all activities with respect to this Agreement if it determines that Software Provider fails to carry, in full force and effect, all insurance policies with coverages at or above the limits specified in this Agreement. At the City’s discretion, under conditions of lapse, City may purchase appropriate insurance and charge all costs related to such policy to Software Provider.

3. PROOF OF INSURANCE COVERAGE AND COVERAGE VERIFICATION.

A Certificate of Insurance, on an Accord form, and completed coverage verification shall be provided to City by each of Software Provider's insurance companies as evidence of the stipulated coverages prior to the Commencement Date of this Agreement, and annually thereafter for the term of this Agreement. All of the insurance companies providing insurance for Software Provider shall be licensed to do insurance business in the State of California and shall have, and provide evidence of, a Best Rating Service rate of A:VII or above.

Page 2 of 3 ends

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Contract No. ________

Page 3 of 3 ends

4. SUBCONTRACTORS
Software Provider shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies.

5. HIGHER INSURANCE LIMITS
If Software Provider maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Software Provider .

6. ADEQUACY OF COVERAGE
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.
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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-MAIL ADDRESS:

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.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
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 PRO- JECT 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
10/31/2023
Marsh McLennan Agency LLC
2725 South Moorland Road
New Berlin WI 53146
Clara "Claire" Borck 262 796-8823 262 785-9753 [email protected] Travelers Property Casualty Co of Amer 25674 Travelers Indemnity Company of CT 25682 SoftwareOne Inc & Predica US
& SynchoNet LLC
320 E Buffalo St
Milwaukee WI 53202
Travelers Property Casualty Co. of Amer 36161 Federal Insurance Company 20281 Indian Harbor Insurance Company 36940 1557914610 A X 1,000,000 X 300,000 10,000 1,000,000 2,000,000 Y 6306T094534 10/1/2023 10/1/2024 2,000,000
A 1,000,000 X
X X
BA6N339832 10/1/2023 10/1/2024
A X X
CUP1L968202 10/1/2023 10/1/2024
15,000,000 15,000,000 X
10,000
B X
N
Y UB5J221224 10/1/2023 10/1/2024
1,000,000 1,000,000 1,000,000
C
D
E
CyberFirst Liab & Tech E&O
Crime (3rd Party)
Excess CyberFirst Liab & Tech E&O
ZPL41N44363
82635758
9030691
10/1/2023
10/1/2023
10/1/2023
10/1/2024
10/1/2024
10/1/2024
$5,000,000 Limit
$500,000 Limit
$5,000,000 Limit
$250,000 retention
$50,000 Deductible
$250,000 retention
A) Blanket Personal Property - #ZLP21N55671 - 10/1/23-24 - $1,405,777 Limit with $2,500 dedutible.

City of Cupertino, its council, officers, officials, employees, agents, servants and volunteers are included as an additional insured on a primary and non-contributory basis under the General Liability when required by written contract. A Waiver of Subrogation applies under the Workers Compensation policy.

City of Cupertino
10300 Torre Avenue
Cupertino CA 95014

ATTACHMENT F
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COMMERCIAL GENERAL LIABILITY
CG D4 17 02 19 ª 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

XTEND ENDORSEMENT FOR TECHNOLOGY
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.

A. Non-Owned Watercraft - 75 Feet Long Or
Less
B. Who Is An Insured - Unnamed
Subsidiaries
C. Who Is An Insured - Employees -
Supervisory Positions
D. Who Is An Insured - Newly Acquired Or
Formed Limited Liability Companies
E. Who Is An Insured - Liability For
Conduct Of Unnamed Partnerships Or
Joint Ventures
F. Blanket Additional Insured - Persons Or
Organizations For Your Ongoing
Operations As Required By Written
Contract Or Agreement
G. Blanket Additional Insured - Broad Form
Vendors
H. Blanket Additional Insured - Controlling
Interest
I. Blanket Additional Insured - Mortgagees,
Assignees, Successors Or Receivers
J. Blanket Additional Insured - Governmental
Entities - Permits Or Authorizations
Relating To Premises
K. Blanket Additional Insured - Governmental
Entities - Permits Or Authorizations
Relating To Operations
L. Medical Payments - Increased Limit
M. Blanket Waiver Of Subrogation
N. Contractual Liability - Railroads
O. Damage To Premises Rented To You

PROVISIONS
A. NON-OWNED WATERCRAFT - 75 FEET

LONG OR LESS

1. The following replaces Paragraph (2)
of Exclusion g., Aircraft, Auto Or
Watercraft, in Paragraph 2. of

SECTION I - COVERAGES - COVERAGE

A - BODILY INJURY AND PROPERTY
DAMAGE LIABILITY:
(2) A watercraft you do not own
that is:
(a) 75 feet long or less; and
(b) Not being used to carry any
person or property for a
charge;

2. The following replaces Paragraph

2.e. of SECTION II - WHO IS AN
INSURED:
e. Any person or organization that,
with your express or implied
consent, either uses or is
responsible for the use of a
watercraft that you do not own that
is:
(1) 75 feet long or less; and
(2) Not being used to carry any
person or property for a charge.

B. WHO IS AN INSURED - UNNAMED

SUBSIDIARIES
The following is added to SECTION II -
WHO IS AN INSURED:

Any of your subsidiaries, other than a
partnership or joint venture, that is not
shown as a Named Insured in the
Declarations is a Named Insured if:
a. You are the sole owner of, or maintain
an ownership interest of more than
50% in, such subsidiary on the first
day of the policy period; and
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COMMERCIAL GENERAL LIABILITY

Page 2 of 5 ends

Includes copyrighted material of Insurance Services Office, Inc. with its permission. b. Such subsidiary is not an insured
under similar other insurance.

No such subsidiary is an insured for
"bodily injury" or "property damage"
that occurred, or "personal and
advertising injury" caused by an
offense committed:
a. Before you maintained an ownership
interest of more than 50% in such
subsidiary; or
b. After the date, if any, during the
policy period that you no longer
maintain an ownership interest of
more than 50% in such subsidiary.

For purposes of Paragraph 1. of
Section II - Who Is An Insured, each
such subsidiary will be deemed to be
designated in the Declarations as:
a. A limited liability company;
b. An organization other than a
partnership, joint venture or limited
liability company; or
c. A trust;
as indicated in its name or the
documents that govern its structure.

C. WHO IS AN INSURED - EMPLOYEES -

SUPERVISORY POSITIONS
The following is added to Paragraph

2.a.(1) of SECTION II - WHO IS AN
INSURED:

Paragraphs (1)(a), (b) and (c) above do
not apply to "bodily injury" to a co-
"employee" while in the course of the
co-"employee's" employment by you
arising out of work by any of your
"employees" who hold a supervisory
position.

D. WHO IS AN INSURED - NEWLY ACQUIRED

OR FORMED LIMITED LIABILITY COMPANIES
The following replaces Paragraph 3. of
SECTION II - WHO IS AN INSURED:

3. Any organization you newly acquire
or form, other than a partnership or
joint venture, and of which you are
the sole owner or in which you
maintain an ownership interest of
more than 50%, will qualify as a
Named Insured if there is no other
similar insurance available to that
organization. However:
a. Coverage under this provision is
afforded only:
(1) Until the 180th day after
you acquire or form the
organization or the end of
the policy period, whichever is
earlier, if you do not report such
organization in writing to us
within 180 days after you
acquire or form it; or
(2) Until the end of the policy
period, when that date is later
than 180 days after you acquire
or form such organization, if
you report such organization in
writing to us within 180 days
after you acquire or form it;
b. Coverage A does not apply to
"bodily injury" or "property
damage" that occurred before you
acquired or formed the organization; and
c. Coverage B does not apply to
"personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.

For the purposes of Paragraph 1. of
Section II - Who Is An Insured, each
such organization will be deemed to be
designated in the Declarations as:
a. A limited liability company;
b. An organization, other than a
partnership, joint venture or limited
liability company; or
c. A trust;
as indicated in its name or the
documents that govern its structure.

E. WHO IS AN INSURED - LIABILITY FOR

CONDUCT OF UNNAMED PARTNERSHIPS OR

JOINT VENTURES
The following replaces the last paragraph
of SECTION II - WHO IS AN INSURED:

No person or organization is an insured
with respect to the conduct of any current
or past partnership or joint venture that is
not shown as a Named Insured in the
Declarations. This paragraph does not
apply to any such partnership or joint
venture that otherwise qualifies as an
insured under Section II - Who Is An
Insured.

F. BLANKET ADDITIONAL INSURED - PERSONS

OR ORGANIZATIONS FOR YOUR ONGOING

OPERATIONS AS REQUIRED BY WRITTEN

CONTRACT OR AGREEMENT
The following is added to SECTION II -
WHO IS AN INSURED:

Any person or organization that is not
otherwise an insured under this Coverage
Part and that you have agreed in a written
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CG D4 17 02 19 ª 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc. with its permission. contract or agreement to include as an
additional insured on this Coverage Part
is an insured, but only with respect to
liability for "bodily injury" or "property
damage" that:
a. Occurs subsequent to the signing of
that contract or agreement; and
b. Is caused, in whole or in part, by
your acts or omissions in the
performance of your ongoing
operations to which that contract or
agreement applies or the acts or
omissions of any person or
organization performing such
operations on your behalf.

The limits of insurance provided to
such insured will be the minimum
limits that you agreed to provide in the
written contract or agreement, or the
limits shown in the Declarations,
whichever are less.

G. BLANKET ADDITIONAL INSURED - BROAD

FORM VENDORS
The following is added to SECTION II -
WHO IS AN INSURED:

Any person or organization that is a
vendor and that you have agreed in a
written contract or agreement to
include as an additional insured on this
Coverage Part is an insured, but only
with respect to liability for "bodily
injury" or "property damage" that:
a. Occurs subsequent to the signing of
that contract or agreement; and
b. Arises out of "your products" that
are distributed or sold in the regular
course of such vendor's business.

The insurance provided to such vendor
is subject to the following provisions:
a. The limits of insurance provided to
such vendor will be the minimum
limits that you agreed to provide in
the written contract or agreement,
or the limits shown in the
Declarations, whichever are less.
b. The insurance provided to such
vendor does not apply to:
(1) Any express warranty not
authorized by you or any
distribution or sale for a
purpose not authorized by you;
(2) Any change in "your products"
made by such vendor;
(3) Repackaging, unless 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;
(4) Any failure to make such
inspections, adjustments, tests or
servicing as vendors agree to
perform or normally undertake to
perform in the regular course of
business, in connection with the
distribution or sale of "your
products";
(5) Demonstration, installation, servicing
or repair operations, except such
operations performed at such
vendor's premises in connection
with the sale of "your products"; or
(6) "Your products" that, after
distribution or sale by you, have
been labeled or relabeled or used
as a container, part or ingredient of
any other thing or substance by or
on behalf of such vendor.

Coverage under this provision does not
apply to:
a. Any person or organization from whom
you have acquired "your products", or
any ingredient, part or container
entering into, accompanying or
containing such products; or
b. Any vendor for which coverage as an
additional insured specifically is
scheduled by endorsement.

H. BLANKET ADDITIONAL INSURED - CONTROLLING

INTEREST

1. The following is added to SECTION II -
WHO IS AN INSURED:

Any person or organization that has
financial control of you is an insured
with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" that arises out
of:
a. Such financial control; or
b. Such person's or organization's
ownership, maintenance or use of
premises leased to or occupied by
you.

The insurance provided to such person
or organization does not apply to
structural alterations, new construction
or demolition operations performed by
or on behalf of such person or
organization.

2. The following is added to Paragraph 4.
of SECTION II - WHO IS AN INSURED:

This paragraph does not apply to any
premises owner, manager or lessor that
has financial control of you.
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Includes copyrighted material of Insurance Services Office, Inc. with its permission.

I. BLANKET ADDITIONAL INSURED -

MORTGAGEES, ASSIGNEES, SUCCESSORS OR

RECEIVERS
The following is added to SECTION II -
WHO IS AN INSURED:

Any person or organization that is a
mortgagee, assignee, successor or
receiver and that you have agreed in a
written contract or agreement to
include as an additional insured on this
Coverage Part is an insured, but only
with respect to its liability as
mortgagee, assignee, successor or
receiver for "bodily injury", "property
damage" or "personal and advertising
injury" that:
a. Is "bodily injury" or "property
damage" that occurs, or is
"personal and advertising injury"
caused by an offense that is
committed, subsequent to the
signing of that contract or
agreement; and
b. Arises out of the ownership,
maintenance or use of the premises
for which that mortgagee, assignee,
successor or receiver is required
under that contract or agreement to
be included as an additional insured
on this Coverage Part.

The insurance provided to such
mortgagee, assignee, successor or
receiver is subject to the following
provisions:
a. The limits of insurance provided to
such mortgagee, assignee, successor
or receiver will be the minimum
limits that you agreed to provide in
the written contract or agreement,
or the limits shown in the
Declarations, whichever are less.
b. The insurance provided to such
person or organization does not
apply to:
(1) Any "bodily injury" or "property
damage" that occurs, or any
"personal and advertising injury"
caused by an offense that is
committed, after such contract
or agreement is no longer in
effect; or
(2) Any "bodily injury", "property
damage" or "personal and
advertising injury" arising out of
any structural alterations, new
construction or demolition
operations performed by or on
behalf of such mortgagee,
assignee, successor or receiver.

J. BLANKET ADDITIONAL INSURED - GOVERNMENTAL

ENTITIES - PERMITS OR AUTHORIZATIONS

RELATING TO PREMISES
The following is added to SECTION II -
WHO IS AN INSURED:

Any governmental entity that has issued a
permit or authorization with respect to
premises owned or occupied by, or rented
or loaned to, you and that you are
required by any ordinance, law, building
code or written contract or agreement to
include as an additional insured on this
Coverage Part is an insured, but only with
respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" arising out of the
existence, ownership, use, maintenance,
repair, construction, erection or removal of
any of the following for which that
governmental entity has issued such
permit or authorization: advertising signs,
awnings, canopies, cellar entrances, coal
holes, driveways, manholes, marquees,
hoist away openings, sidewalk vaults,
elevators, street banners or decorations.

K. BLANKET ADDITIONAL INSURED -

GOVERNMENTAL ENTITIES - PERMITS OR

AUTHORIZATIONS RELATING TO OPERATIONS
The following is added to SECTION II -
WHO IS AN INSURED:

Any governmental entity that has issued a
permit or authorization with respect to
operations performed by you or on your
behalf and that you are required by any
ordinance, law, building code or written
contract or agreement to include as an
additional insured on this Coverage Part is
an insured, but only with respect to
liability for "bodily injury", "property
damage" or "personal and advertising
injury" arising out of such operations.

The insurance provided to such
governmental entity does not apply to:
a. Any "bodily injury", "property damage"
or "personal and advertising injury"
arising out of operations performed for
the governmental entity; or
b. Any "bodily injury" or "property
damage" included in the "productscompleted operations hazard".

L. MEDICAL PAYMENTS - INCREASED LIMIT
The following replaces Paragraph 7. of
SECTION III - LIMITS OF INSURANCE:

7. Subject to Paragraph 5. above, the
Medical Expense Limit is the most we
will pay under Coverage C for all
medical expenses because of "bodily
injury" sustained by any one person,
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COMMERCIAL GENERAL LIABILITY
CG D4 17 02 19 ª 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc. with its permission. and will be the higher of:
a. $10,000; or
b. The amount shown in the
Declarations of this Coverage
Part for Medical Expense Limit.

M. BLANKET WAIVER OF SUBROGATION
The following is added to Paragraph 8.,
Transfer Of Rights Of Recovery Against
Others To Us, of SECTION IV -
COMMERCIAL GENERAL LIABILITY CONDITIONS:

If the insured has agreed in a contract
or agreement to waive that insured's
right of recovery against any person or
organization, we waive our right of
recovery against such person or
organization, but only for payments we
make because of:
a. "Bodily injury" or "property
damage" that occurs; or
b. "Personal and advertising injury"
caused by an offense that is
committed;
subsequent to the execution of the
contract or agreement.

N. CONTRACTUAL LIABILITY - RAILROADS

1. The following replaces Paragraph c. of
the definition of "insured contract" in
the DEFINITIONS Section:
c. Any easement or license agreement;

2. Paragraph f.(1) of the definition of
"insured contract" in the DEFINITIONS
Section is deleted.

O. DAMAGE TO PREMISES RENTED TO YOU
The following replaces the definition of
"premises damage" in the DEFINITIONS
Section:
"Premises damage" means "property
damage" to:
a. Any premises while rented to you or
temporarily occupied by you with
permission of the owner; or
b. The contents of any premises while
such premises is rented to you, if you
rent such premises for a period of
seven or fewer consecutive days.
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COMMERCIAL GENERAL LIABILITY
CG T1 00 02 19 ª 2017 The Travelers Indemnity Company. All rights reserved. Page 17 of 23 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

II - Who Is An Insured,
except when Paragraph d.
below applies.
(b) Any of the other insurance,
whether primary, excess,
contingent or on any other
basis, that is available to the
insured when the insured is an
additional insured, or is any
other insured that does not
qualify as a named insured,
under such other insurance.
(2) When this insurance is excess, we
will have no duty under Coverages
A or B to defend the insured
against any "suit" if any other
insurer has a duty to defend the
insured against that "suit". If no
other insurer defends, we will
undertake to do so, but we will
be entitled to the insured's rights
against all those other insurers.
(3) When this insurance is excess
over other insurance, we will pay
only our share of the amount of
the loss, if any, that exceeds the
sum of:
(a) The total amount that all such
other insurance would pay for
the loss in the absence of this
insurance; and
(b) The total of all deductible and
self-insured amounts under all
that other insurance.
(4) We will share the remaining loss,
if any, with any other insurance
that is not described in this
Excess Insurance provision and
was not bought specifically to
apply in excess of the Limits
of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits
contribution by equal shares, we will
follow this method also. Under this
approach each insurer contributes
equal amounts until it has paid its
applicable limit of insurance or none
of the loss remains, whichever comes
first.

If any of the other insurance does
not permit contribution by equal
shares, we will contribute by limits.

Under this method, each insurer's
share is based on the ratio of its
applicable limit of insurance to the
total applicable limits of insurance of
all insurers.
d. Primary And Non-Contributory Insurance
If Required By Written Contract
If you specifically agree in a written
contract or agreement that the
insurance afforded to an insured
under this Coverage Part must apply
on a primary basis, or a primary and
non-contributory basis, this insurance
is primary to other insurance that is
available to such insured which
covers such insured as a named
insured, and we will not share with
that other insurance, provided that:
(1) The "bodily injury" or "property
damage" for which coverage is
sought occurs; and
(2) The "personal and advertising
injury" for which coverage is
sought is caused by an offense
that is committed;
subsequent to the signing of that
contract or agreement by you.

5. Premium Audit
a. We will compute all premiums for this
Coverage Part in accordance with our
rules and rates.
b. Premium shown in this Coverage Part
as advance premium is a deposit
premium only. At the close of each
audit period we will compute the
earned premium for that period and
send notice to the first Named
Insured. The due date for audit and
retrospective premiums is the date
shown as the due date on the bill. If
the sum of the advance and audit
premiums paid for the policy period
is greater than the earned premium,
we will return the excess to the first
Named Insured.
c. The first Named Insured must keep
records of the information we need
for premium computation, and send
us copies at such times as we may
request.

6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations
are accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance
upon your representations.
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ENDORSEMENT WC 00 03 13 (00) -
POLICY NUMBER:

EMPLOYERS LIABILITY POLICY
AND

WORKERS COMPENSATION

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
001

ONE TOWER SQUARE
HARTFORD CT 06183
UB-5J221224-23-I3-E
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 any one not named in the Schedule.

SCHEDULE
DESIGNATED ORGANIZATION:

DESIGNATED PERSON:

ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED

BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER.

DATE OF ISSUE: ST ASSIGN: PAGE OF
Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual.
10-17-23 1 1 286
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CITY OF CUPERTINO
Agenda Item
23-12755 Agenda Date:
11/21/2023 Agenda #:

10. Subject: Approve master agreements with CSG Consultants, Inc. and 4Leaf, Inc., to provide construction management services on various Capital Improvement Program (CIP) projects.

1. Authorize the City Manager to execute a master agreement with CSG Consultants, Inc. (CSG) in the amount not to exceed $500,000 for contract period of two years.

2. Authorize the City Manager to execute a master agreement with 4Leaf, Inc. (4Leaf) in the amount not to exceed $500,000 for a contract period of two years.

CITY OF CUPERTINO Page 1 of 1 Printed on 11/15/2023
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CITY COUNCIL STAFF REPORT
Meeting: November 21, 2023
Subject
Approve master agreements with CSG Consultants, Inc. and 4Leaf, Inc., to provide construction management services on various Capital Improvement Program (CIP) projects.

Recommended Action

1. Authorize the City Manager to execute a master agreement with CSG Consultants, Inc. (CSG) in the amount not to exceed $500,000 for a contract period of two years.

2. Authorize the City Manager to execute a master agreement with 4Leaf, Inc. (4Leaf) in the amount not to exceed $500,000 for a contract period of two years.

Reasons for Recommendation
Public Works relies on consultant support to augment staff and provide construction management services on Capital Improvement Programs (CIP) projects when needed.

Providing this support enables staff to deliver capital projects effectively and efficiently.

Master Agreements enhance transparency and accountability by identifying the full contract amount for a specified time period with any one vendor. It is typical to establish Master Agreements with multiple vendors providing similar services to allow for flexibility with respect to availability and specialized skills. “A master service agreement (MSA) is a fundamental contract outlining the scope of the relationship between two parties, including terms and conditions for current and future activities and responsibilities. There is great value in using these arrangements, especially for entities with multiple agreements pertaining to the same client. MSAs are contracts that establish basic terms between vendors and clients at the beginning of a business relationship. This initial agreement helps to speed up the negotiation process for future contracts and facilities the project management process, resulting in a more efficient and streamlined process. By establishing these basic terms upfront, subsequent contracts can be more easily negotiated and agreed upon, saving time and money for everyone involved. Due to their ability to simplify the contract 288
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negotiation process, MSAs are a popular choice for businesses of all types.” (from Thomson Reuters Legal)
This master agreement establishes a menu of typical services that may be performed for the administration and management of construction contracts and defines a maximum authorized compensation. Funds are not encumbered by the master agreement. Instead, project-specific services are authorized on a project-by-project basis through the issuance of a service order, which complies with Public Contract Code and Cupertino Municipal Code. Funding for the services is budgeted and encumbered to each project. City Council approves each project budget, typically with the Capital Improvement Program.

In anticipating the on-going need for construction management services, the City issued a Request for Qualifications in July 2022. The Request for Qualifications selection process was conducted in accordance with the State of California and public contract codes. Fifteen Statements of Qualification (SOQ) were received from firms within the Bay Area, which were evaluated for relevant skills and experience. All 15 firms were deemed to be qualified to provide construction management services for different project types. Based on the submitted SOQs, areas of expertise for each consultant firm were determined to help identify which firms were best suited for upcoming projects.

It is important to note that the City has active agreements (Master Agreements and/or Stand-Alone Agreements) with 7 of 15 Construction Management firms. Additionally, we have reached out to 14 of the 15 firms for recent project Requests for Proposals.

CSG is one of the firms that provides construction management services that align with upcoming project needs, and staff recommends that CSG be awarded a master agreement to manage construction activities for CIP projects. CSG has provided reliable construction management services for both public and private organizations and has worked with the City of Cupertino as Construction Managers on CIP projects since 2016.

In addition, CSG was selected based on their staff and firm experience relevant to project types that are included in the CIP, depth and breadth of skills and resources, past performance, and demonstrated availability. CSG recently provided construction management services for the Stevens Creek Blvd Emergency Storm Drain Repair project.

The existing master agreement with CSG (which is currently scheduled to expire on 12/31/2023) enabled the City to utilize CSG’s services quickly and efficiently to facilitate the expedited timing of this project.

The contractor 4Leaf is one of the firms that provides construction management services that align with upcoming project needs, and staff recommends award of a master agreement to 4Leaf to manage construction activities for CIP projects. 4Leaf has provided high quality construction management services for the City since 2021 and has extensive experience performing construction management services for several municipalities in the Bay Area. 4Leaf was selected based on experience relevant to project types that are included in the CIP, depth and breadth of skills and resources, past performance, and availability. The City will utilize 4-Leaf for construction management 289
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services for McClellan Bikeways Phase 3 (intersection work at De Anza Blvd/McClellan Rd) as well as for Regnart Road Phase 1 improvements (which we anticipate beginning in Spring of 2024), as 4-Leaf provided responded to the City’s request for proposal, and provided the lowest cost proposal for these services.

The approval of the master agreements with CSG and 4Leaf will allow staff to continue to utilize construction management resources on an as-needed basis to support the delivery of CIP projects.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact. No additional appropriation is required for this action. After a master agreement is executed, the requisite funds are encumbered from existing CIP project budgets.

California Environmental Quality Act (CEQA)
Not applicable.
_____________________________________
Prepared by: Susan Michael, Capital Improvement Programs Manager Reviewed by: Chad Mosley, Director of Public Works
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A - Draft Master Agreement CSG Consultants, Inc.

B - Draft Master Agreement 4Leaf, Inc.
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CITY O F
a MASTER PROFESSIONAL/SPECIALIZED SERVICES

AGREEMENT WITH CSG CONSULTANTS, INC

CUPERTINO

1. PARTIES
This Master Agreement is made by and between the City of Cupertino, a municipal corporation ("City"), and CSG Consultants, Inc. ("Contractor") a Corporation for Construction Management Services for Various CIP Projects, and is effective on the last date signed below ("Effective Date").

2. SERVICES

2.1 Scope of Services. Contractor agrees to provide the Services set forth in the Scope of Services, attached and incorporated here as Exhibit A, on an as-needed basis. The Services must comply with this Agreement and with each Service Order issued by the City's Project Manager or his/her designee, in accordance with the following procedures, unless otherwise specified in Exhibit A. Contractor further agrees to carry out work in compliance with any applicable local, State, or Federal order regarding CO VID-19.

2.2 Service Orders. Before issuing a Service Order, the City Project Manager will request Services in writing and hold a meeting with Contractor to discuss the Service Order. Contractor will submit a written proposal that includes a specific Scope of Services, Schedule of Performance, and Compensation, which the Parties will discuss. Thereafter, City will execute a Service Order Form for the Services, attached and incorporated here as Exhibit B. The Service Order will specify the Scope of Services, Schedule of Performance, Compensation, and any other conditions applicable to the Service Order. Issuance of a Purchase Order is discretionary. The City Project Manager is authorized to streamline these procedures based on the City's best interests. Contractor will not be compensated for Services performed without a duly authorized and executed Service Order.

3. TIME OF PERFORMANCE

3.1 Term. This Agreement begins on the Effective Date and ends on December 31, 2025 ("Contract Time"), unless terminated earlier as provided herein. The City's appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City's purchasing policy.

3.2 Schedule of Performance. Contractor must deliver the Services within the time specified in each Service Order, and under no circumstances should the Services go beyond the Contract Time.

3.3 Time is of the essence for the performance of all the Services required in this Agreement and in each Service Order. Contractor must have sufficient time, resources and qualified staff to deliver the Services on time. Contractor must respond promptly to each Service Order request.

Master Professional/Specialized Services Agreement/ Rev. October 2021 Construction Management Services for Various CIP Proj ects Page I of9
Attachment A
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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 $500,000.00 ("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 the Agreement.

5. INDEPENDENT CONTRACTOR

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

5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry.

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, -----------------------Lua.ster..ErofessionalLSpeciali.zed.Ser.vies:s.Agreement/...ReY. October.2021_ Constn1ction Management Services for Various CIP Projects

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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.

7.3 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.

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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.

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 ("Indernnitees"), 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 asterJ>rofessionalLSpecialized SeQiices Agreement/ ev. October 202 I Construction Management Services for Various CIP Projects Page4of9
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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 1 720 and other labor laws.

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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 Nourdin Khayata 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.

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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.

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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: [email protected]

27. EXECUTION
To Contractor:

CSG Consultants, Inc.
550 Pilgrim Dr.

Foster City, CA 94404
Attention: Nourdin Khayata
Email: [email protected]
The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
[SIGNATURE PAGE TO FOLLOW]
.._ ______________________ mg;lli,te.i:..erofessionalLS-12ecialized Services Agreement/ Rev. October 2021 ___ _ Construction Management Services for Various CIP Projects

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

CITY OF CUPERTINO
A Municipal Corporation
By ________ _
Name ----------
Title -----------
Date -----------
APPROVED AS TO FORM:

CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:

KIRSTEN SQUARCIA
City Clerk
Date -----------
Constntction Management Services for Various CJP Projects CSG CONSULTANTS, INC.

Mourd/11 kha;Jata By ___________ _
Name nourdinkhayata
Title Vice President
Date Nov 13, 2023
Master Professional/Specialized Services Agreement/ Rev. October 2021

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EXHIBIT A

SCOPE OF SERVICES
The CONSULT ANT shall provide certain Construction Management services as required and requested by the CITY.

The CONSUL TANT shall provide services under this Master Agreement on an "as needed" basis and only (1) upon written request from the CITY's Director of Public Works or authorized Agent as defined in Section 11, PROJECT COORDINATION and (2) as defined in a fully executed SERVICE ORDER (Exhibit B).

SECTION 1- GENERAL PROVISIONS
A. The CONSUL TANT shall perform all services to the satisfaction of the CITY' s Public Works Director or authorized Agent.

B. The CONSUL TANT shall perform all services under this agreement to the currently prevailing professional standards and quality found among Program and Project Management Consultants with similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.

C. The CONSUL TANT shall perform services under this AGREEMENT only by authorization of a fully executed SERVICE ORDER which shall clearly provide the nature of the specific services, the time limit within which such services must be completed, and the compensation for such services. Unauthorized services performed by the CONSULTANT shall be at no cost to the CITY.

D. The CONSULTANT shall begin work only after receipt of a fully authorized and executed SERVICE ORDER. The CITY shall incorporate each authorized and fully executed SERVICE ORDER into the terms and conditions of this MASTER AGREEMENT.

E. The CITY shall designate a Project Manager for each authorized and fully executed SERVICE ORDER under this AGREEMENT. The CONSULTANT shall coordinate the SERVICE ORDER performance with the CITY's designated Project Manager.

SECTION 2. BASIC SERVICES
The Consultant shall provide Construction Management services for various CITY Public Works projects. All services performed shall be authorized by a fully executed SERVICE ORDER prior to work commencement.

A. General Performance Requirements
-s:-1ru-.------------------------Exhibit-A- Scope of Servic~-s Construction Management Services 2023-2025 Page 1 of9
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1. The performance of all services by CONSULT ANT shall be to the satisfaction of the CITY, in accordance with the express terms hereof, including but not limited to the terms set out in detail in this scope of services and the standard of care provisions contained in this AGREEMENT.

2. CONSULTANT shall be responsible for coordinating the work of all consultants and contractors, as needed or as directed by the CITY. CONSULTANT shall schedule meetings and prepare meeting agendas and minutes for all PROJECT meetings during the execution of this agreement under the scope of work. All minutes of meetings are due to the CITY within five (5) working days after the meeting. CONSULTANT shall provide copies of such documentation to the CITY, and as directed by the CITY, to other appropriate agencies and entities.

3. CONSULTANT shall designate and provide to the CITY the names of their team members for the PROJECT. The team members shall be satisfactory to the CITY.

CONSULTANT shall not substitute any team members without the prior approval of the CITY. CITY retains the right to reject team members assigned by CONSULT ANT or require replacement of team members.

4. CONSULTANT shall manage its SUBCONSULTANTS, and administer the PROJECT.

CONSUL TANT shall consult with the CITY, research applicable information, and communicate with members of the PROJECT team.

5. During the course of work of an assigned PROJECT, CONSULT ANT shall meet weekly with CITY' s assigned project manager for the respective construction projects to provide an update on the current status of the construction project. CM will provide the CITY' s assigned project manager with a summary report.

B. CONSUL TANT shall effectively manage the assigned construction projects for the efficient, progressive, and proactive delivery of each construction project. For each assigned construction project, the CONSULT ANT may provide any or all of the following tasks and subtasks under Section 2, as is required for each specific project.

C. TASKS
Consultant services for any assigned project under this Master Agreement may include, but is not limited to the following tasks:

Task 1- Pre-Construction Phase - work may include but is not limited to the following:
1) Conduct a constructability review of the construction documents (50%, 95% and 100%) for the various projects. Provide a written report with recommendations for changes. 2) Cost Estimate review and value engineering for various projects. Provide a written report with recommendations.
3) Utility coordination for projects. Work shall include a survey of existing utilities, the CSG Consultants, Inc.

Construction Management Services 2023-2025
Exhibit A-Scope of Services

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development of utility service plan for new and existing structures, coordinating with consultant preparing the project plans and making application to the utility companies for service.
4) Assist with the building permit approval process. Work may include but is not limited to coordinating with design consultant and building department to receive an approved building permit.
5) Assist with the review and approval process for other permits and regulatory requirements. Work shall include but is not limited to coordinating with design consultant, city staff, and regulatory agencies to apply for and secure approved permits and authorizations as needed.
6) Assist with the development and conducting of public outreach programs to assist in providing public information regarding project.
7) Assist with grant administration during the project.

Task 2 - Bid Phase - work may include but is not limited to the following:
1) Conduct a pre-bid Conference with prospective Bidders. 2) Assist with the issuing of Addendums.
3) Assist in the development of bidders' interest in a project. 4) Review bid documents and assist the CITY in evaluation of bidders Statement of Qualifications for responsible low bidder and assist in analyzing bid protest as may be necessary.
5) Tabulation and evaluation of bid results. Assist in the evaluation of bid alternatives and make recommendations on award.
6) Assist in review and processing of substitution submittals during bid and construction phase.

Construction Management Services 2023-2025
-----+-: xhibit A-Soope of Servfoes

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logs. Provide preliminary review for completeness and general compliance of submittals that are to be reviewed by the design consultant. Provide review and response for submittals that do not involve the design consultant (such as Safety Plan, Fire Protection Plan). Sign and date such submittals with response:

Reviewed or Revise and Resubmit.
d. Develop and implement a procedure for the submittal and processing of substitution requests with the CITY and the design consultant. This shall include preparing and updating logs.
e. Develop and implement a procedure for timely handling and disposition of the Contractor's request for information (RFI) or clarifications with the design consultant. This shall include preparing and updating logs. f. Establish and implement procedures for the timely transmittal and receipt of communications, drawing and other information between CM, design consultant and the Contractor relating to construction of the project. g. Develop and implement a procedure for the timely submittal, processing and tracking of Contract Change Orders (CCO), Request for Price Quote (RPQ), etc. with the CITY. This shall include preparing and updating logs. h. Coordinate and maintain a project directory for the project, with emergency contact information.
i. Review the Contractor's comprehensive schedule that establishes a base line and reports the status and progress of the project. The schedule should include details such as milestones and key activities to track project progress. Review the Contractor's three week look ahead schedule. Verify that schedules conform to the construction contract documents.
j. Work with CITY and Contractor to maintain use of existing facilities that are affected by the construction, to minimize the disruption to the existing facilities and to have their continued use during the construction of the project. This includes all phase of construction and delivery of materials. 2) Monitoring of construction costs and progress payments, CM services may include but are not limited to the following:
a. Provide and maintain project level reports for budgeting and contingency tracking; contract payment status; cash flow forecasting and analysis; grant documentation; and other financial reporting as necessary to support the CITY's accounting needs. CM shall maintain records reflecting the actual costs for activities completed or in progress, including records relating to work performed on a unit cost basis and additional work performed by the Contractor on a time and materials basis. CM shall monitor and advise the CITY of costs pertaining to potential, pending and completed changes; and potential or pending claims. b. Develop a procedure for submittal, review and processing of the progress payments to Contractor, along with associated forms and reporting systems. CM shall review progress payment applications and work with Contractor to achieve agreement on the progress payment amount. CM will verify that the "as built" CSG Consultants, Inc.

Construction Management Services 2023-2025
Exhibit A-Scope of Services
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check set of plans by the Contractor are updated prior to approval of progress payment being submitted to the CITY. CM will require Contractor to provide a conditional waiver and release for progress payments and a final release and waiver for the final payment. CM will certify that the data in each application for progress payment is to the best of CM' s knowledge, information and belief, the work has progressed to the point indicated in the application for progress payment and the quality of the work is generally in accordance with the contract documents. CM' s review of application for progress payment shall be undertaken and completed in a timely manner so that the CITY can meet its obligations to make progress payment due Contractor within the time permitted by applicable law without incurring interest liability or other penalties/liabilities.

CM shall also verify the progress payment satisfies any grant requirement. 3) Substantial completion and final completion, CM services may include but are not limited to the following:
a. Consult with the design consultants and CITY to jointly ascertain the achievement of substantial completion of the project. If upon inspection of the project substantial completion has not been achieved, the CM will assist the design consultant in noting the conditions of the work and the measures necessary for the Contractor to achieve substantial completion. Upon determining that the Contractor has achieved substantial completion the CM will coordinate the CITY' s and design consultant's final inspection of the work to note punch list items to be completed by the Contractor as a condition to achieve final completion.
b. Assist the CITY in issuing a certificate of substantial completion and final completion, as applicable.
4) Progress Records, CM services may include but are not limited to the following:
a. Maintain records of the progress of construction of the project, including written progress reports and photographs reflecting the status of construction and percentage completion of the project. CM will maintain daily records during construction of the project showing weather conditions, personnel of the Contractor and Subcontractor at the site, work accomplished, problems encountered and other matters materially affecting the project, completion of the project or construction cost to complete construction of the project. CM shall maintain project records for test results and special inspection results. b. Provide monthly progress reports on the project.
5) Site observations of project, CM services may include but are not limited to the following:
a. CM shall be on-site during construction of the project and substantially at all times during which there are construction activities at the site. CITY and CM may agree to the amount of time required to be at the site for observation, however this does not relieve the CM from the requirement of having knowledge of the status of the work.

CSG Consultants, Inc.

Construction Management Services 2023-2025
--Exhibit A-Scope-of-Services

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b. Coordinate testing, lab services and inspections, this includes by outside firms.

CM will work with the Building Department for permit inspections coordination and final approvals of permit. Provide testing and test results by testing firm acceptable to CITY. Such testing services shall be a reimbursable expense as described in Task 5.
c. Maintain at the site the following documents at a minimum: Contract, Drawings, Specifications, approved Change Orders, Submittals, building permit, SWPPP and associated testing or monitoring documentation, other permits, applicable codes, rules and regulation and other written or electronic materials relating to the project.
d. CM will endeavor to guard the CITY against defects and deficiencies in construction and workmanship of the project on the basis of its site observations, and a quality control program established and implemented hereunder to monitor construction workmanship for conformity: 1) accepted industry standards; 2) applicable laws, codes, regulations, ordinances or rules: 3) and the requirements of the construction documents.
e. CM shall reject work whenever in the ordinary course of discharging its services the CM discovers or observes patent conditions of defective or deficient construction and workmanship which as or may have an adverse impact upon the project's life-safety systems or operations, structural elements or integrity of the safety of persons or property. CM shall take prompt action appropriate under the circumstances, including stopping the work and thereupon notifying the CITY in writing. CM's responsibilities hereunder shall be limited to defective or deficient work or an apparent or patent nature.
f. Review the Contactor safety program and the requirements of the construction documents and applicable law. CM shall monitor the Contractor's compliance with safety programs and advise the CITY of measures, if any, necessary or appropriate to obtain the Contractor's compliance. By undertaking the obligation hereunder, CM shall not be deemed to have assumed responsibility of the adequacy or sufficiency of safety programs implemented by the Contractor, but the CM is responsible for verifying that the Contractor has established a safety program, that the safety program established by the Contractor is in compliance with applicable law, rule or regulation and that the Contractor has implemented its safety program.
g. CM shall promptly notify the CITY in writing of all CM observed instances of Contractor's failure to comply with applicable safety requirements. If in the course of performing services during the construction, the CM observes a safety violation or other unsafe condition on or about the site or surrounding area which have a immediate or potential or actual adverse effect on life or property, the CM is authorized, without prior notice to the CITY or prior directive by the CITY, to take all actions deemed necessary and appropriate by the CM under the then existing circumstances to prevent such actual or potential adverse effect.

CSG Consultants, Inc.

Construction Management Services 2023-2025
Exhibit A-Scope of Services

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h. CM shall become familiar with all CEQA documents and permit requirements from other agencies having jurisdictions over the site or work that will affect the project and the construction site. CM shall be responsible for monitoring all aspects of the project as it relates to the requirements. CM shall monitor the Contractor's compliance with all requirements of the CEQA documents and permits by other agencies. CM shall take prompt action appropriate under the circumstances, including stopping the work and thereupon notifying the CITY in writing if Contractor is not following all requirements. 6) Contract Change Order (CCO) processing, CM services may include but are not limited to the following:
a. Coordinate and disseminate correspondence, drawings and other written materials by and between the Contractor, the CITY and the design consultants relating to changes to the project. CM will coordinate the Contractor's performance of changes authorized by the CITY. CM shall maintain a log or other written records to monitor the pendency and disposition of change and CCOs to keep the CITY advised of the status of the same and the actual or potential impact of any particular change or CCO or the cumulative effects thereof on the construction cost or time for completion of construction of the project.
b. Assist the CITY and design consultant in evaluation of requests for the Contactor for issuance of CCOs, assist in negotiations with the Contractor relative to the CCOs proposals and the adjustment of the contract price or the contract time under the construction contract. CM will make recommendations to the CITY and the design consultant for handling and disposition of the Contractor's proposal relative to the changes. If a change to the construction contract is approved or authorized by the CITY, CM will assist the CITY and the design consultant in the preparation of a CCO reflecting such approved or authorized change to the construction contract. The CM is not authorized, without the prior consent and approval of the CITY, to effectuate or authorize any change to the work of the project. The CM shall be liable to the CITY for all direct and consequential costs, losses or damage resulting from the CM' s direction or authorization of effectuate a change to the work of the project without the prior direction and authorization by the CITY.
7) Claims handling, CM service may include but are not limited to the following:
a. Assist the design consultant in the review, evaluation and processing of claims asserted by the Contractor; CM will make recommendations to the CITY as to merit, handling and disposition of Contractor's claims. Except in the event that the CM is alleged to have caused or contributed to the circumstances giving rise to a Contractor claim or other Contractor demand for compensation, services of the CM to prepare documentation or provide testimony in a mediation, arbitration or judicial proceeding arising out of such a claim or demand for compensation shall be deemed additional services. If the CM is alleged to have SG Consultants, Inc.

Construction Management Services 2023-2025
----------------F,·xhibit A--Seope-of Services ------

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caused or contributed to a Contractor claim, the CM's claims handling services, including without limitation, claims analysis, assistance in preparing briefs/graphic materials in connection with negotiations or dispute resolution proceeding relating to a Contractor claim shall be deemed part of the CM' s basic services under this agreement.
8) CM equipment, CM may provide the following equipment necessary to carry out CM duties:
a. Provide all equipment, furnishings and other items necessary to complete the services required for the project. Including without limitation, trailer, computers, related hardware, software, vehicles, cell phones, office equipment and copiers.

Task 4 - Inspections and Testing - work may include but is not limited to the following:
1) CM shall conduct routine inspection of the construction work over the course of construction to ensure compliance of the work with the construction contract, including all drawings and specifications.
2) CM shall monitor the contractor's compliance with required Regulatory Agency Permit inspections and advise CITY of coordination problems and Contractor's compliance with permit/inspection requirements.
3) CM shall engage the necessary subconsultants to perform the necessary inspections and testing as required for the project. CM shall schedule and coordinate with the contractor and subconsultant for the necessary testing and inspection for the project. 4) Compensation to the CM for inspections and testing by subconsultant shall be for the actual billed amount only, no mark up or overhead will be allowed for these subcontracted services. CM shall bill monthly for actual inspections and testing completed. CM shall attach copies of subconsultants' invoice for verification of cost being billed.

Task 5 - Post-Construction Phase - work may include but is not limited to the following:
1) Contractor closeout document review, CM services may include but are not limited to the following:
2) Receive from the Contractor the closeout documents and items to be submitted by the Contractor under the terms of the Construction Contract upon completion of its obligations under the Construction Contract. The CM shall review each Contractor's closeout submittals to determine conformity with the requirements of the Construction Contract. If the CM determines that any Contractor's closeout submittals are not in conformity with requirements of the construction contract, the CM shall make recommendations to the CITY for measures to secure compliance with the requirements of the construction contract. The CM shall deliver to the CITY all of the Contractor's closeout submittals, including the Contractor's as-build drawings which the CM shall CSG Consultants, Inc.

Construction Management Services 2023-2025
Exhibit A-Scope of Services

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transmit to the design consultant for preparation of the record drawings. The CM shall monitor the design consultant's preparation and completion of the project record drawings prior to delivering to the CITY.
3) Within thirty (30) days of the date of issuance of a Certificate of Final Completion for the construction contract, the CM shall assemble and deliver to the CITY all of the records maintained by the CM relating to the project.

CSG Consultants, Inc.

Construction Management Services 2023-2025

END OF EXHIBIT
-----------i~hibit :A-Scope-oHiel'Vices

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Each authorized Service Order under this Master Agreement shall identify the method of compensation consistent with the scope of services provided by the Consultant. In any case, the Consultant's total payment for each authorized Service Order shall not exceed the maximum compensation identified in that Service Order, unless authorized by a written amendment executed by the City and the Consultant, and the total compensation for all authorized Service Orders shall not exceed the maximum compensation stated in Article 4, Compensation, of the Master Agreement.

Work exceeding the total authorized amount for a Service Order or the total compensation for the Master Agreement shall be at no cost to the City.

Consultant Hourly Rate(s)
The Consultant shall be compensated according to the following hourly rate(s) for all work performed under authorized Service Orders:

Labor Category Master Agreement Hourly Rate
Resident Engineer $230
Assistant Resident Engineer / $190
Office Engineer
Construction Inspector $165
Reimbursable Expenses
Reimbursable expenses represent the acquisition cost of items, other than direct labor, specifically required to perform the scope of services and beyond normal business operating expenses which are included in the direct labor rate. Such expenses include, but are not limited to:
• Individual or multiple document reproductions that exceed 50 pages; • Drawing or bid set reproductions;
• Software required by City other than Microsoft Word, Excel, PowerPoint, and Project; Adobe Acrobat; and a photo editor program.
• Travel expenses to the extent allowed by City policy; • Sub-consultants required by project scope of services; CSG Consultants, Inc.

Construction Management Services 2023-2025
Compensation

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COMPENSATION
• Safety equipment required by City policy or the project scope of services; • Mass mailing notifications;
• Expenses for public meetings, such as refreshments, interpreters, security, valet parking, facility rental, tents or booths, easels, markers, paper, presentation equipment.

The City shall compensate the Consultant for such reimbursable expenses only with prior written authorization by the City representative designated in Section 14, Project Coordination, of the Master Agreement. All compensation, including reimbursable expenses, shall not exceed the maximum compensation for the Service Order.

The City shall compensate the Consultant for reimbursable expenses for the documented actual cost only, allowing for no surcharge for Consultant administration.

Reimbursable expenses shall be separately identified on the Consultant invoice.

Method of Payment
The Consultant shall submit an invoice to the City by the 5th business day of each month that clearly identifies the work performed in the previous month and authorized reimbursable expenses. All invoices from Consultant shall be emailed to [email protected] and the Project Manager or mail to the City at:

Attention: Susan Michael, Capital Improvement Programs Manager City of Cupertino
10300 Torre Ave.

Cupertino, CA 95014
The invoice shall identify the applicable period of work, a description of the work performed consistent with the Service Order scope of services, the number of hours, hourly rate, reimbursable expenses, Service Order maximum compensation, Service Order compensation to date including invoice number, total invoice amount for current invoice, Service Order maximum compensation balance remaining.

All Consultant payments shall be addressed to:

CSG Consultants, Inc.
3150 Almaden Expressway, Ste 255
San Jose, CA 95118
Attention: Nourdin Khayata, PE

END OF EXHIBIT
CSG Consultants, Inc.

Construction Management Services 2023-2025
Compensation

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EXHIBITB

SERVICE ORDER PROCESS
The CONSUL TANT shall provide services under this Master Agreement on an "as needed" basis and only (1) upon written request from the CITY' s Director of Public Works or authorized Agent as defined in Section 14, Project Coordination, and (2) as defined in a fully executed Service Order.

SECTION 1- SERVICE ORDER INITIATION
A. The City Public Works Director or his/her designee shall provide written request for Consultant services as defined in this agreement. The Consultant and City shall meet to discuss the services after which the consultant shall provide a written proposal including specific scope of services, performance schedule, and compensation to the City.

B. The City and Consultant shall discuss the proposal in detail and agree upon the terms of the Service Order.

C. The City shall prepare a Project Service Order consistent with the City's standard form, Service Order, and Attachment A. The Service Order shall, at a minimum, include (1) specific scope of services, deliverables, schedule of performance, and compensation.

SECTION 2- SERVICE ORDER EXECUTION
D. Both parties shall execute the Service Order as evidenced by the signatures of the authorized representatives defined in Section 14 of the Master Agreement, Project Coordination, and the date signed.

E. The Consultant shall begin work on the scope of services only after receipt of a fully executed authorized Service Order defining those services. Consultant understands and agrees that work performed before the date of the authorized Service Order or outside the scope of services once a Service Order is signed and authorized shall be at no cost to the City.

F. The maximum compensation authorized by a single Service Order and/or the aggregate of Service Orders shall not exceed the maximum compensation set forth in Article 4 of the Master Agreement.

CSG Consultants, Inc.

Construction Management Services 2023-2025
Exhibit B-Service Order Process

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CITY OF CUPERTINO

MASTER AGREEMENT CONSULT ANT SERVICES
SERVICE ORDER NO.

MASTER AGREEMENT #: MA Date:

Maximum Compensation: MA End Date:

Consultant: Firm Name:

Address:

Contact: Ph:

Email Address:

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 :

Master Agreement Maximum Compensation:
---------- Tot al Previously Encumbered to Date:
---------- Enc umbra n c e this Service Order:
---------- Master Agreement Unencumbered Balance:
----------
SO Acc't #: PO#:

Project#: Date:

Approvals:

Consultant: Date:

Manager: 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:
--------------- Man age men t Analyst
City of Cupertino Master Agreement Service Order 312
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EXHIBIT C
Insurance Requirements
Professional/Specialized Services Agreement
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:
l. 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 (if applicable).

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 Insurance Requirements for Professional/Specialized Services Version: Jan. 2022 Agreement 313
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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 to it.

Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.

Waiver of Subrogation
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 the Services.

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 the Services.

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.

Insurance Requirements for Professional/Specialized Services Version: Jan. 2022 Agreement 314
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CSGCONS-01 TWANG
ACORD. CERTIFICATE OF LIABILITY INSURANCE I ~ DATE (MM/DD/YYYY) 12/20/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

PRODUCER License # OC36861 2~~i~cT Melissa Hill
Alliant Insurance Services, Inc. PHONE I FAX
560 Mission St 6th Fl (A/C, No, Ext): (A/C,No):

San Francisco, CA 94105 iil''o~~ss: [email protected] INSURER(S) AFFORDING COVERAGE NAIC#
INSURER A: Fireman's Fund Insurance Comoanv 21873
INSURED INSURER B: American Automobile Insurance Comoanv 21849 CSG Consultants, Inc. INSURER c: National Suretv Corooration 21881 550 Pilgrim Drive INSURER D: Pacific Insurance Comoanv. Limited 10046 Foster City, CA 94404 INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER· REVISION NUMBER·

INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICYEFF POLICY EXP I Tl> •••en ._.n,n T tM••• ......... .,,...,.,.,. LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ~ D CLAIMS-MADE [K] OCCUR X X USC032768220 12/4/2022 12/4/2023 ~~~t~U9E~~~;,~~encel $ 100,000 ~
MED EXP IAnv one oersonl $ 10,000
~
PERSONAL & ADV INJURY $ 1,000,000
2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Fl POLICY [K] rr8;= □ LOG PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $
B AUTOMOBILE LIABILITY fi:~~~~~~~t~INGLE LIMIT $ 1,000,000 X ANY AUTO X X SCV013084-22-01 12/4/2022 12/4/2023 BODILY INJURY (Per oersonl $ - OWNED SCHEDULED - AUTOS ONLY - AUTOS BODILY INJURY /Per accident) $
HIRED NON-gWNED FP~?~fc~i;;::,t?AMAGE ~ AUTOS ONLY $ - AUTO ONLY $
A X UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 5,000,000
- EXCESS LIAB CLAIMS-MADE X X USC029989221 12/4/2022 12/4/2023 5,000,000 AGGREGATE $ OED I X I RETENTION $ 10,000 $
C WORKERS COMPENSATION X I ~ffTUTE I I OTHAND EMPLOYERS' LIABILITY ER Y/N X SCW023953-22-01 12/4/2022 12/4/2023 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ ~FFICER/MEMBER EXCLUDED? N/A
Mandatory in NH) 1,000,000 E.L. DISEASE - EA EMPLOYEE $ If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional Liab. X 83 OH 0489503-22 12/4/2022 12/4/2023 Ded: $50,000; Agg: 5,000,000 D Retro Date: 1/1/1991 83 OH 0489503-22 12/4/2022 12/4/2023 Occurrence: 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: City of Cupertino, its City Council, boards and commissions, officers, employees and volunteers are included as additional insureds on GL & Auto with Waiver of Subrogation and 30 Day Notice of Cancellation per attached. Waiver of Subrogation on WC and 30 Day Notice of Cancellation on Professional per attached. 30 Day Notice of Cancellation on WC is not available. Waiver of Subrogation on Professional applies.

CERTIFICATE HOLDER CANCELLATION

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

AUTHORIZED REPRESENTATIVE
I 4--2>-~
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and lo g o are registered m arks of ACORD 315 CC 11-21-2023
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Policy Number: USC032778220 Allianz@)
MultiCover® - Without Medical Payments - CG 71 93 03 19 Policy Amendment(s) Commercial General Liability Coverage Form Your Commercial General Liability Coverage Form is revised as follows:

1. Broadened Named Insured
A SECTION II - WHO IS AN INSURED, item 3. , is deleted and replaced by the following:

3. Any organization that you own at the inception of this policy, or newly acquire or form during the policy period, and over which you maintain during the policy period majority ownership or majority interest, will qualify as a Named Insured if:
a. There is no other similar insurance available to that organization; and b. The first Named Insured shown in the Declarations has the responsibility of placing insurance for that organization; and
c. That organization is incorporated or organized under the laws of the United States of America.

However:
(1) Coverage under this provision 3 is afforded only until the next occurring annual anniversary of the beginning of the policy period shown in the Declarations, or the end of the policy period, whichever is earlier; and
(2) Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization; and
(3) Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization.

B. SECTION II - WHO IS AN INSURED, the last paragraph, is deleted and replaced by 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. However, this does not apply to a limited liability company that meets all of the conditions in Section II - Who Is An Insured, item 3., above.

2. Additional Insured
If an Additional lr::isured endorsement is attached to this policy that specifically names a person or organization as an additional insured, then this Section 2. Additional Insured does not apply to such person or organization.

SECTION II - WHO IS AN INSURED, subsection 2.e., is added as follows:
e. Any person or organization is included as an additional insured, but only to the extent such person or organization is legally obligated to pay for bodily injury, property damage or personal and advertising injury caused by your acts or omissions. With respect to the insurance afforded to such additional insured, all of the following additional provisions apply:
(1) You have agreed in a written insured contract that such person or organization be added as an additional insured under this policy;
(2) The bodily injury, property damage or personal and advertising injury for which said person or organization is legally obligated to pay occurs subsequent to the execution of such insured contract; (3) The most we will pay is the lesser of either the amount of insurance available under the applicable Limits of Insurance shown in the Declarations or the limits of insurance required by the insured contract; (4) The insurance afforded to such additional insured only applies to the extent permitted by law; 316
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(5) Such person or organization is an additional insured only with respect to:
(a) Their ownership, maintenance, or use of that part of the premises, or land, owned by, rented to, or leased to you, except such person or organization is not an insured with respect to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization;
(b) Your ongoing operations performed for that insured; (c) Their financial control of you, except such person or organization is not an insured with respect to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization;
(d) The maintenance, operation or use by you of equipment leased to you by such person or organization;
(e) Operations performed by you or on your behalf and for which a state or political subdivision has issued a permit, provided such operations are not performed for such state or political subdivision, and are not included within the products-completed operations hazard; or (f) Their liability as a grantor of a franchise to you. (6) This insurance does not apply to bodily injury, property damage, personal and advertising injury, occurrence or offense:
(a) Which takes place at a particular premises after you cease to be a tenant of that premises; (b) Which takes place after all work, including materials, parts or equipment furnished in connection with such work to be performed by or on behalf of the additional insured at the site of the covered operations, has been completed;
(c) Which takes place after that portion of your work out of which the injury or damage arises has been put to its intended use by any other person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project; or (d) Which takes place after the expiration of any equipment lease to which (4)(d) above applies; (7) With respect to architects, engineers or surveyors, coverage does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering or failure to render any professional services by or for you, including:
(a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; or (b) Supervisory, inspection, architectural, or engineering services.

These exclusions apply even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage, or the offense which caused the personal or advertising injury, involved the rendering of or the failure to render any professional services by or for you .

3. Additional Insured - Vendors
If an Additional Insured Vendors endorsement is attached to this policy that specifically names a person or organization as an additional insured, then this Section 3. Additional Insured - Vendors does not apply to that person or organization.

Unless the products-completed operations hazard is excluded from this policy, SECTION II - WHO IS AN INSURED, item 2.f. is added as follows:
f. Any vendor of yours is included as an additional insured, but only with respect to bodily injury or property damage caused by your products which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions:
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(1) The insurance afforded such vendor does not apply to:
(a) Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless 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 such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
(f) Demonstration, installation, servicing or repair operations, except such operations performed by the vendor in full compliance with the manufacturer's written instructions at the vendor's premises in connection with the sale of the product;
(g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) Bodily injury or property damage arising out of the liability of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient, part or container, entering into, accompanying or containing such products; (3) The most we will pay is the lesser of either the amount of insurance available under the applicable Limits of Insurance shown in the Declarations or the limits of insurance required by the contract or agreement; and
(4) The insurance afforded to such vendor only applies to the extent permitted by law.

4. Additional Insured - Limited Primary and Noncontributory Provision The following is added as a second paragraph to Section IV Conditions, Condition 4. Other Insurance, following paragraph b.(2):

However, if you have added any person, organization or vendor of yours as an additional insured to this policy by way of this MultiCover® endorsement and have agreed in a written insured contract that this insurance is primary and non-contributory with other insurance available to that additional insured, this insurance is primary and we will not seek contribution from such additional insured's other insurance, provided that the additional insured is a Named Insured under such other insurance.

5. Waiver of Subrogation
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 8. , is deleted and replaced by the following:

8. Transfer of Rights of Recovery Against Others to Us and Blanket Waiver of Subrogation a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after the loss to impair those rights. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. b. If required by a written insured contract executed prior to the occurrence or offense, we waive any right of recovery we may have against any person or organization named in such insured contract, because of payments we make for injury or damage arising out of your operations or your work for that person or organization.
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6. Cancellation - 90 Days
Common Policy Conditions endorsement IL0017, A. Cancellation, item 2.b. is deleted and replaced by the following:
b. 90 days before the effective date of cancellation if we cancel for any other reason.

7. Liberalization
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added as an additional Condition:

Liberalization
If we adopt a change in our forms or rules which would broaden the coverage provided by any form that is a part of this policy without an extra premium charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state.

8. Fire, Explosion, Sprinkler Leakage, or Lightning Legal Liability Coverage A. SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2.

Exclusions, the last paragraph, is deleted and replaced by the following:

Exclusions c. through n. do not apply to damage by fire, explosion, sprinkler leakage, or lightning to premises while:

1. Rented to you;

2. Temporarily occupied by you with the permission of the owner; or

3. Managed by you under a written agreement with the owner.

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

B. SECTION Ill - LIMITS OF INSURANCE, item 6., is deleted and replaced by the following:

6. Subject to 5. above, the Damage to Premises Rented To You Limit shown in the Declarations, for property damage to any one premises while rented to you, or in the case of damage by fire, explosion, sprinkler leakage, or lightning while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner, is the greater of:
a. $1,000,000 Any One Premises; or
b. The Damage To Premises Rented To You Limit shown in the Declarations.

C. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, b. Excess Insurance, (1 )(a), items (i) and (iii), are deleted and replaced by the following:
(i) That is Fire, Explosion, Sprinkler Leakage or Lightning insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner;
(iii) That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner; or
D. SECTION V - DEFINITIONS, 9. Insured Contract, item a., is deleted and replaced by the following:
(a) A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, explosion, sprinkler leakage, or lightning to premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, is not an insured contract;

9. Damage to Invitees' Automobiles from Falling Trees or Tree Limbs - Limited Coverage 319
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Policy Number: USC032778220 Allianz@)
This coverage applies to direct physical damage to automobiles owned by invitees subject to all of the following:

1. Provided such damage originates from trees on premises owned, managed, leased or rented by an insured;

2. Coverage applies only to invitees of an insured or an insured's tenant;

3. Such damage is directly caused by wind-driven falling trees or tree limbs;

4. The most we will pay for any one loss is the lowest of:
a. the actual cash value of the damaged automobile as of the time of the loss; or b. the cost of repairing the damaged automobile; or
c. the cost of replacing the damaged automobile with another automobile of like kind and quality.

Regardless of the number of occurrences, losses or claims, this coverage is subject to a limit of $25,000 in any one policy period;

5. This coverage is not subject to the General Liability General Aggregate Limit; and

6. We will make payments under this coverage without regard to fault.

10. Non-Owned or Chartered Watercraft
SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2.

Exclusions, item g. Aircraft, Auto, or Watercraft, item (2), is deleted and replaced by the following:
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used for public transportation or as a common carrier;

11. Chartered Aircraft
SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2.

Exclusions, g. Aircraft, Auto Or Watercraft, item (6), is added as follows:
(6) An aircraft in which you have no ownership interest and that you have chartered with crew.

12. Coverage Territory- Broadened
SECTION V - DEFINITIONS, item 4.a., is deleted and replaced by the following:
a. The United States of America (including its territories and possessions), Puerto Rico, Canada, Bermuda, the Bahamas, The Cayman Islands and the British Virgin Islands;

13. Personal and Advertising Injury - Contractual
Unless personal and advertising injury is excluded from this policy the following applies:

SECTION I - COVERAGES, COVERAGE B, 2. Exclusions, item e., is deleted.

14. Fellow Employee Coverage
SECTION II -WHO IS AN INSURED, 2.a., item (1) is deleted and replaced by the following:
(1) Personal and advertising injury:

However, subsections (a), {b), (c) and (d) of item (1) remain unchanged.

15. Bodily Injury Definition - Broadened
SECTION V - DEFINITIONS, 3. Bodily Injury is deleted and replaced by the following:

Bodily injury means bodily injury, sickness or disease sustained by a person including death or mental anguish resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease.

16. Expected or Intended Injury - Amendment to Exclusion 320
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Policy Number: USC032778220 Allianz@)
SECTION I. Coverage A Bodily Injury and Property Damage Liability, 2. EXCLUSIONS, a. Expected or Intended Injury, is deleted and replaced by the following:
a. 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.

17. Unintentional Failure to Disclose Hazards
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 6. Representations, the following is added:
d. If you unintentionally fail to disclose any hazards existing at the inception date of this policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal.

18. Supplementary Payments - Increased Limits
SECTION I -COVERAGES, SUPPLEMENTARY PAYMENTS-COVERAGES AAND B, items 1.b. and 1.d., are deleted and replaced by the following:
b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit, including substantiated loss of earnings up to $500 a day because of time off from work.

19. Duties in the Event of an Occurrence, Offense, Claim or Suit - Amended SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 2.a. is deleted and replaced by the following:
(1) You must see to it that we or any licensed agent of ours are notified of a General Liability occurrence or offense which may result in a claim as soon as practicable after it becomes known to:
(a) You, if you are an individual;
(b) Your partner or member, if you are a partnership or joint venture; (c) Your member, if you are a limited liability company; (d) Your executive officer if you are an organization other than a partnership, joint venture or limited liability company; or
{e) Your authorized representative or insurance manager.

Knowledge of an occurrence or offense by persons other than those listed above does not imply that those listed above also have such knowledge.
(2) To the extent possible, notice should include:
(a) How, when and where the occurrence or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the occurrence or offense.

20. Non Employment Discrimination Liability
Unless personal and advertising injury is excluded from this policy the following applies:

A SECTION V - DEFINITIONS, 14. Personal and advertising injury, item h. is added as follows:
h. Discrimination.

B. B. SECTION V - DEFINITIONS, item 23. is added as follows:
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23. Discrimination means the unlawful treatment of a person or class of persons because of their specific race, color, religion, gender, age, or national origin in comparison to one or more persons who are not members of the specified class.

C. SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, 2.

Exclusions, the following are added:
q. Discrimination directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured; r. Discrimination directly or indirectly related to the sale, rental, lease or sublease or prospective sale, rental, lease or sublease of any dwelling or permanent lodging by or at the direction of any insured; s. Discrimination, if insurance thereof is prohibited by law; or t. Fines, penalties, specific performance, or injunctions levied or imposed by a governmental entity, governmental code, law, or statute because of discrimination.

All other terms and conditions of the policy apply.
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Policy Number: SC V 013084 22 01
FleetCover® Endorsement - CA 70 18 10 14
Policy Amendment
This Endorsement modifies insurance provided under the:

Business Auto Coverage Form
Motor Carrier Coverage Form
A. Broadened Named Insured
Section II - Covered Autos Liability Coverage, A. Coverage, 1. Who Is An Insured, the following is added:

Any organization you own on the inception of this policy, or newly acquire or form during the policy period, and over which you maintain during the policy period, majority ownership or majority interest will qualify as a Named Insured if:
(1) There is no other similar insurance available to that organization; and (2) The first Named Insured shown in the Declarations of this policy has the responsibility of placing insurance for that organization; and
(3) The organization is incorporated or organized under the laws of the United States of America.

However:
(a) Coverage under this provision is afforded only until the next occurring 12 month anniversary of the beginning of the policy period shown in the Declarations, or the end of the policy period, whichever is earlier; and
(b) Coverage under this provision does not apply to bodily injury or property damage that results from an accident that occurred before you acquired or formed the organization; and (c) No person or organization is an insured with respect to any current or past partnership, or joint venture that is not shown as a Named Insured in the Declarations; and (d) Coverage under A.(1 ), (2) and (3) above does not apply to any organization that is covered as an insured under any other automobile liability insurance policy whose limits of insurance have been exhausted or whose insurer has become insolvent.

B. Broadened Who Is an Insured

1. Form CA0001 (if attached to this policy), Section II - Covered Autos Liability Coverage, A.

Coverage, 1. Who Is An Insured, item b.(2) is deleted, and d. is added as follows:
d. Your employee while using his owned auto, or an auto owned by a member of his or her household, in your business or your personal affairs, provided you do not own, hire or borrow that auto.

2. Form CA0020 (if attached to this policy), Section II - Covered Autos Liability Coverage, A.

Coveraqe, 1. Who Is An Insured, item b.(2) is deleted, and f. is added as follows:
f. Your employee or agent while using his owned private passenger type auto, or a private passenger type auto owned by a member of his or her household, in your business or personal affairs, provided you do not own, hire, or borrow that auto. This form must be attached to Change Endorsement when issued after the policy is written.

One of the Allianz Global Risks US Companies as named in the policy.

CA701810-14
Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.

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Policy Number: SC V 013084 22 01
C. Additional Insured Coverage and Waiver of Subrogation

1. Form CA0001 (if attached to this policy), Section II - Covered Autos Liability Coverage, A Coverage, 1. Who Is An Insured, the following is added as item e.; and form CA0020 (if attached to this policy), Section II - Covered Autos Liability Coverage, A Coverage, 1. Who Is An Insured; the following is added as item g.:

Any person or organization with respect to the operation, maintenance, or use, of a covered auto, provided that you and such person or organization have agreed under an expressed provision in a written insured contract or written agreement, or a written permit issued to you by a governmental or public authority, to add such person, organization, or governmental or public authority to this policy as an insured.

However, such person or organization is an insured:
(1) Only with respect to the operation, maintenance, or use, of a covered auto; and (2) Only for bodily injury or property damage caused by an accident which takes place after:
(a) You executed the insured contract or written agreement; or (b) The permit has been issued to you.

2. Form CA0001 (if attached to this policy), Section IV - Business Auto Conditions, A Loss Conditions, item 5.; and form CA0020 (if attached to this policy), Section V - Motor Carrier Conditions, A Loss Conditions, item 6.; the following is added:

Waiver of Subrogation
If required by a:
a. Written insured contract or written agreement executed prior to the accident; or b. Written permit issued to you by a governmental or public authority prior to the accident; we waive any right of recovery we may have against any person or organization named in such contract, agreement or permit, because of payments we make for injury or damage arising out of the ownership, maintenance or use of a covered auto.

D. Auto Medical Payments - Increased Limit
For each covered auto described in the Declarations or shown in the Schedule as having Auto Medical Payments Coverage, the Medical Payments Limit of Insurance for those autos is revised to the greater of:

1. $5,000; or

2. The limit shown in the Declarations.

E. Hired Auto Physical Damage Coverage and Loss of Use Expenses Hired Auto Physical Damage Coverage
CA701810-14
Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.

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Policy Number: SC V 013084 22 01
If Physical Damage Coverage is provided by this policy on your owned covered autos, the following applies:

Any auto that you lease, hire, rent or borrow without a driver, will be covered under this policy for Physical Damage Coverage. However any such auto:

1. Will be covered only for the same Physical Damage Coverage that applies to your owned covered autos;

2. Will be subject to the same applicable deductible shown in the Declarations that applies to your most similar owned covered auto, except any Comprehensive Coverage deductible does not apply to loss caused by fire or lightning; and

3. The most we will pay for any one loss in any one accident is the lesser of the following:
a. Actual cash value of the damaged or stolen property as of the time of the loss as determined by us; or
b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality.

In addition, we will pay costs and fees associated with such covered loss only for a maximum time period of seven days beginning with the date of loss, subject to a maximum of $500.

However:

1. If form CA0001 is attached to this policy, this coverage does not apply to autos you lease, hire, rent or borrow from any of your employees, partners (if you are a partnership}, members (if you are a limited liability company) or members of their households; and

2. If form CA0020 is attached to this policy, this coverage does not apply to any private passenger type auto you lease, hire, rent or borrow from any member of your household, any of your employees, partners (if you are a partnership}, members (if you are a limited liability company), or agents or members of their households.

Hired Auto Loss of Use Expenses
Form CA0001 (if attached to this policy}, Section Ill - Physical Damage Coverage, A. Coverage,

4. Coverage Extension, b. Loss of Use Expenses; and form CA0020 (if attached to this policy}, Section IV - Physical Damage Coverage, A. Coverage, 4. Coverage Extension, b. Loss of Use Expenses; is deleted and replaced by the following:
b. For Hired Auto Physical Damage, we will pay expenses for which an Insured becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by:
(1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered auto;
(2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss is provided for any covered auto; or
(3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered auto.

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However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $1,000.

F. Coverage Territory - Hired Auto

1. Form CA0001, (if attached to this policy), Section IV - Business Auto Conditions, B. General Conditions, 7. Policy Period, Coverage Territory, b.(5) is deleted and replaced by the following :
(5) Anywhere in the world if a covered auto of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 180 days or less,

2. Form CA0020 (if attached to this policy), Section V - Motor Carrier Conditions, B. General Conditions, 7. Policy Period, Coverage Territory, b.(5) is deleted and replaced by the following:
(5) Anywhere in the world if a covered auto of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 180 days or less, G. Communication Equipment Coverage
Form CA0001 (if attached to this policy), Section Ill - Physical Damage Coverage, C. Limits of Insurance, Paragraph 1.b.; and form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, C. Limits of Insurance, Paragraph 1.b.; is deleted and replaced by the following:
b. All electronic equipment that reproduces , receives or transmits audio, visual or data signals in any one loss is $1 ,500, if, at the time of loss, such electronic equipment is:

H. Tapes, Records, CDs and DVD Coverage
The Physical Damage Coverage Section is amended as follows:

1. The exclusion referring to tapes, records, discs, or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment does not apply.

2. Under Comprehensive Coverage - Form CA0001 (if attached to this policy), Section IllPhysical Damage Coverage, A. Coverage; and form CA0020 (if attached to this policy), Section IV- Physical Damage Coverage, A. Coverage; the following is added:

We will pay for loss to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices:
a. Are your property, or that of a family member; and
b. Are in a covered auto at the time of a loss.

The most we will pay for loss is $250. No deductible applies to this coverage.

I. Personal Effects Coverage
Form CA0001 (if attached to this policy), Section Ill - Physical Damage Coverage, A. Coverage,

4. Coverage Extensions; and form CA0020 (if attached to this policy), Section IV Physical Damage Coverage, A. Coverage, 4. Coverage Extensions; item c. is added as follows:

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c. Personal Effects Coverage
We will pay up to $500 for loss for clothing items or other personal effects that are owned by an insured and are in an Owned auto at the time of a covered loss.

Personal Effects do not include audio visual or electronic devices, money, giftcards, securities, jewelry, or tools.

This coverage is excess over any other collectible insurance.

No deductible applies to this coverage.

J. Airbag Coverage

1. Form CA0001 (if attached to this policy), Section Ill - Physical Damage Coverage, B.

Exclusions, 3.a.; and form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, B. Exclusions, 3.a.; the following is added:

However, mechanical breakdown does not mean the unintended discharge of an airbag, provided that any loss covered under this provision is excess over any other collectable insurance or warranty designed to cover such unintended discharge.

K. Rental Reimbursement
Form CA0001 (if attached to this policy), Section Ill - Physical Damage Coverage, A Coverage,

4. Coverage Extensions; and form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, A Coverage, 4. Coverage Extensions; item d. is added as follows:
d. Rental Reimbursement or Transportation Expenses
If loss occurs to a covered auto described or designated in the Declarations or Schedule and covered for Physical Damage Coverage, we will pay for rental expenses for the rental of a similar replacement auto and additional transportation expenses, incurred by you. This payment applies in addition to the otherwise applicable amount of each coverage you have on the covered auto. No deductible applies to this coverage. However:
(1) We will pay only for those expenses incurred by you that begin 24 hours after the covered loss.
(2) We will cease paying for those expenses, regardless of the policy's expiration date, at the earlier of the following dates:
(a) The number of days reasonably required to repair or replace the covered auto. If loss is caused by theft, this number of days is added to the number of days it takes to locate and return the covered auto to you; or
(b) 45 days from the date this coverage begins.
(3) Our payment is limited to the lesser of the following amounts:
(a) Necessary and actual expenses incurred by you; or
(b) $1 ,500.
(4) This coverage does not apply while there are spare or reserve autos available to you for CA701810-14 Page 5 of 10
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Policy Number: SC V 013084 22 01
your operations.
(5) If loss results from the total theft of a covered private passenger type auto (if CA0020 is attached to this policy), or a covered private passenger auto (if CA0001 is attached to this policy), we will pay under this coverage only that amount of your covered rental expenses or additional transportation expenses which are not already provided for under the Physical Damage Coverage Extensions.

L. Extended Towing Coverage

1. Form CA0001 (if attached to this policy), Section Ill - Physical Damage Coverage, A.

Coverage, 2. Towing, is deleted and replaced by the following:

2. Extended Towing
We will pay up to $750 per disablement for towing and labor costs you incur each time your covered auto is disabled. However:
a. All labor must be performed at the place of disablement; and b. If the covered auto is of the private passenger type, no deductible applies; and c. If the covered auto is not of the private passenger type, our obligation to pay will be reduced by a $250 deductible per disablement.
d. If the covered auto is not of the private passenger type and the disablement results from a loss covered under Section Ill - Physical Damage Coverage, A. Coverage, Paragraphs 1, a., b, or c. , there is no separate deductible for the Extended Towing Coverage.

For purposes of this coverage, disablement means a breakdown of the covered auto including mechanical breakdown, engine failure, or tire blowout, where re- pairs cannot be made roadside and a tow is required to remove the auto from the roadway and to seek additional services and repair.

2. Form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, A.

Coverage, 2. Towing - Private Passenger Autos, is deleted and replaced by the following:

2. Extended Towing
CA7018 10-14
We will pay up to $750 per disablement for towing and labor costs you incur each time your covered auto is disabled. However:
a. All labor must be performed at the place of disablement; and b. If the covered auto is of the private passenger type no deductible applies; and c. If the covered auto is not of the private passenger type our obligation to pay will be reduced by a $250 deductible per disablement.
d. If the covered auto is not of the private passenger type and the disablement results from a loss covered under Section Ill - Physical Damage Coverage, A.

Coverage, Paragraphs 1, a., b., or c., there is no separate deductible for the Extended Towing Coverage.

For purposes of this coverage, disablement means a breakdown of the covered auto

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including mechanical breakdown, engine failure, or tire blowout, where repairs cannot be made roadside and a tow is required to remove the auto from the roadway and to seek additional services and repair.

M. Cancellation - 120 Days Notice
If we cancel this policy for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured at the last mailing address known to us, written notice of cancellation at least 120 days prior to the effective date of cancellation.

N. Supplementary Payments - Increased Limits
Section II - Liability Coverage, 2. Coverage Extensions, a. Supplementary Payments, items (2) and (4) are deleted and replaced by the following:
(2) Up to $2,500 for the cost of bail bonds (including bonds for related traffic law violations) required because of an accident we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including substantiated loss of earnings up to $500 a day, because of time off from work. 0 . Duties in the Event of Accident, Claim, Suit or Loss - Amended Form CA0001 (if attached to this policy) Section IV - Business Auto Conditions, A. Loss Conditions, item 2. a.; and form CA0020 (if attached to this policy) Section V - Motor Carrier Conditions, A. Loss Conditions, item 2. a.; is deleted and replaced by the following:
a. In the event of accident, claim, suit or loss, you must promptly notify us or our authorized representative when it becomes known to:
(1) You, if you are an individual;
(2) Your partner or member, if you are a partnership or joint venture; (3) Your member, if you are a limited liability company; (4) Your executive officer if you are an organization other than a partnership, joint venture or limited liability company; or
(5) Your authorized representative or insurance manager.

Knowledge of an accident, claim, suit or loss by other persons does not imply that the persons listed above have such knowledge.

Notice should include:
{1) How, when and where the accident or loss occurred; and (2) The insured's name and address; and
(3) To the extent possible, the names and address of any injured persons and witnesses.

P. Unintentional Failure to Disclose Hazards
Form CA0001 (if attached to this policy), Section IV - Business Auto Conditions, B. General CA7018 10-14 Page 7 of 10
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Conditions, item 2.; and form CA0020 (if attached to this policy), Section V - Motor Carrier Conditions, B. General Conditions, item 2.; the following is added:

However, if you unintentionally fail to disclose any hazards existing at the inception date of this policy, we will not deny coverage under this Coverage Form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal.

Q. Fellow Employee Coverage
Section II - Liability Coverage, B. Exclusions, 5. Fellow Employee, the following is added:

However, this exclusion does not apply if the bodily injury results from the use of a covered auto you own or hire, and provided that any coverage under this provision only applies in excess over any other collectible insurance.

R. Limited Mexico Coverage

WARNING

AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER.

IN SOME CASES THE COVERAGE PROVIDED HERE MAY NOT BE RECOGNIZED BY

THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO

COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING IN MEXICO.

THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR OUTSIDE OF 25 MILES FROM THE BORDER OF THE UNITED STATES OF AMERICA.

Form CA0001 (if attached to this policy), Section IV - Business Auto Conditions, B. General Conditions, item 7.; and form CA0020 (if attached to this policy), Section V - Motor Carrier Conditions, B. General Conditions, item 7.; the following is added:

The coverage territory is extended to include Mexico, but only:
a. For accidents or losses occurring within 25 miles of the United States border; and b. For trips into Mexico of 10 days or less; and
c. If the covered auto is principally garaged and principally used in the United States; and d. If the insured is a resident of the United States.

If a loss to a covered auto occurs in Mexico, we pay for such loss in the United States. If the covered auto must be repaired in Mexico in order to be driven, we will not pay for more than the actual cash value of such loss as determined by us at the nearest United States point where the repairs can be made.

Any insurance provided under this provision will be excess over any other collectible insurance.

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S. Extended Glass Coverage
Form CA0001 (if attached to this policy), Section Ill - Physical Damage Coverage, A Coverage, item 3.a.; and form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, A Coverage, item 3.a.; is deleted and replaced by the following:
a. Glass breakage. If glass must be replaced , the deductible will be $100 or the deductible shown in the Declarations, whichever is less. If glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced.

T. Broadened Definition of Bodily Injury
Form CA0001 (if attached to this policy), Section V - Definitions, item C.; and Form CA0020 (if attached to this policy), SECTION VI - DEFINITIONS, item C.; is deleted and replaced by the following:

C. Bodily Injury means bodily injury, sickness or disease sustained by a person including death or mental anguish resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease.

U. Customer Lease or Loan Physical Damage Coverage Extension Form CA0001 (if attached to this policy), Section Ill - Physical Damage Coverage, C. Limit Of Insurance; and form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, C. Limits Of Insurance; item 4. is added as follows:

4. If your covered owned auto is:
(1) Shown in the Schedule and designated as covered for Physical Damage Coverage; and (2) Shown in this policy as having a loss payee or additional-insured-lessor; and (3) Incurs a covered total loss;
we will pay the greater of:
(a) The actual cash value, as determined by us, of the damaged or stolen property as of the time of the total loss; or
(b) The outstanding indebtedness under the initial finance agreement for the covered auto and its equipment.

As used here, outstanding indebtedness means the amount you owe on the finance agreement at the time of total loss:
(i) Less any amounts representing taxes, overdue payments, penalties, interest, or charges resulting from overdue payments, additional mileage, excess wear and tear, or lease termination fees; and
(ii) Less any administrative costs or overhead fees assessed by the finance company who has leased the covered auto to you; and
(iii) Less security deposits not returned by the lessor; and (iv) Less costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and
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(v) Less carry-over balances from previous loans or leases.

V. Two or More Deductibles

1. Section Ill - Physical Damage Coverage, D. Deductible, of form CA0001 (if attached to this policy), the following is added:

If another Allianz Global Risks US Insurance Company policy or coverage form that is not an automobile policy or coverage form applies to the same accident or loss, the following applies:
(1) If the deductible under this Business Auto Coverage Form is the lesser of (or least) deductible, it will be waived.
(2) If the deductible under this Business Auto Coverage Form is not the lesser, (or least) deductible, it will be reduced by the amount of the lesser (or least) deductible.

2. Section IV - Physical Damage Coverage, D. Deductible, of form CA0020 (if attached to this policy), the following is added:

All other terms and conditions of the policy remain unchanged. ------...P.AfOHM'l-r-1-7 ----------r-ag 10-Gf 1, _ ____ _ Copyright© 2017 Allianz Global Risks US Insurance Company. All rights reserved. 332
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POLICY NUMBER: USC032778220

COMMERCIAL GENERAL LIABILITY
CG 20 261219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

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

City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:

1. In the performance of your ongoing operations; or

2. In connection with your premises owned by or rented to you.

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill - Limits Of Insurance:

If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of insurance;
whichever is less.

This endorsement shall not increase the applicable limits of insurance.

CG20261219
© Insurance Services Office. Inc., 2018 Page 1 of 1
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Policy# USC032778220 Allianz@)
Courtesy Notice of Cancellation for Other Than
Nonpayment of Premium to Designated Entities -145977 03 19 Policy Amendment
Schedule
Name and Address of Person(s) or Organizations
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Number of Days Notice if other than 10 days:
30 Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

This policy is amended as follows:

A. If We cancel this policy prior to expiration for any reason other than non payment of premium or at Your request, and we have been notified that You are required under a current contractual obligation to notify a certificate of insurance holder or holders when this policy is canceled, then We will endeavor to mail or deliver a copy of such written notice of cancellation to the certificate holder(s) shown in the Schedule above, as follows:

1. To the name and address corresponding to each certificate of insurance holder indicated in the Schedule above; and

2. At least 10 days prior to the effective date of the cancellation, as shown in our notice to the first Named Insured, or, if indicated, the longer number of days notice shown in the Schedule above.

B. Notwithstanding the foregoing, such notice of cancellation is provided on an informational basis and solely to assist You in informing the certificate of insurance holder(s) in advance of pending cancellation in coverage to assist you in meeting Your contractual notice requirements to such parties. Our failure to provide such advance notification to the certificate of insurance holder( s) shown in the Schedule of this endorsement will not extend any policy cancellation date, negate any cancellation of the policy, or grant, alter or extend any rights or obligations under this policy and we shall have no liability for any failure to provide the notice(s) as provided herein.

All other terms and conditions of this policy remain unchanged. 145977 0319
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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 0403 06 Ed. 04-84

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA 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.

You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2.00% of the California workers' compensation premium otherwise due on such remuneration.

Schedule
Person or Organization Job Description
Blanket Waiver of Subrogation as required by written contract.

Associated
Job
Premium
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12/04/2022
Insured CSG Consultants, Inc.

WC 04 03 06
(Ed. 04-84)
Policy No. SCW0239532201
Insurance Company National Surety
Corporation
Countersigned By
Endorsement No.

Premium
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CSG for Construction Management Services for
Various CIP Projects
Final Audit Report
Created:

By:

Status:

Transaction ID:
2023-11-13
Julia Kins! [email protected])
Signed
CBJCHBCAABAA Tf50rlb-Al4JYblinOW3WYqUuX-7i62i
2023-11 -13
"CSG for Construction Management Services for Various CIP Pr ojects" History
'El Document created by Julia Kinst [email protected]) 2023-11-13 - 3:41 :39 PM GMT- IP address: 98.97.57.33
~ Document emailed to [email protected] for signature 2023-11-13 - 3:42:42 PM GMT
'El Email viewed by [email protected]
2023-11 -13 - 5:23:47 PM GMT- IP address: 73.15.55.198
~ Signer [email protected] entered name at signing as nourdinkhayata 2023-11-13 - 5:26:45 PM GMT- IP address: 73.15.55.198
~ Document e-signed by nourdinkhayata ([email protected]) Signature Date: 2023-11 -13 - 5:26:47 PM GMT - Time Source: server- IP address: 73.15.55.198 0 Agreement completed.
2023-11 -13-5:26:47 PM GMT
I Poweredby
Adobe
.:vroRT,No Acrobat Sign
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CITY O F
a

CUPERTINO

MASTER PROFESSIONAL/SPECIALIZED SERVICES
AGREEMENT WITH 4LEAF, INC

1. PARTIES
This Master Agreement is made by and between the City of Cupertino, a municipal corporation ("City"), and 4Leaf, Inc. ("Contractor") a Corporation for Construction Management Services for Various CIP Projects, and is effective on the last date signed below ("Effective Date").

2. SERVICES

3. TIME OF PERFORMANCE

3.2 Schedul~f Performance. Contractor must deliver the Services within the time specified in each Service Order, and under no circumstances should the Services go beyond the Contract Time.

Master Professional/Specialized Services Agreement/ Rev. October 2021 Constniction Management Services for Various CIP Projects Page I of9
Attachment B
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4. COMPENSATION

Noncompliance with this requirement relieves City of any further payment or other obligations under the Agreement.

5. INDEPENDENT CONTRACTOR

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, ________ ..,. M ... aster.J>rofessionalLSpecializedS.enrice Construction Management Services/or Various CIP Projects

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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.

7. OWNERSHIP OF MATERIALS

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.

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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.

9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation oflaw 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 ("lndemnitees"), 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 ____ ,_.,. M:isteiliofessional/Spec ·alized Se
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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.

11.4. 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.

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.

13. COMPLIANCE WITH LAWS

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

Contractor Project Manager. Subject to City approval, Contractor assigns Gene Barry 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 often percent (10%) of the total time expended to date in the performance of the Services.

Construction Management Services for Various CIP Projects

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

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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.

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

Cupertino, CA 95014
Attention: Susan Michael
Email: [email protected]

27. EXECUTION
To Contractor:
4Leaf, Inc.
2126 Rheem Dr.

Pleasanton, CA 94588
Attention: Gene Barry
Email: [email protected].

The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
[SIGNATURE PAGE TO FOLLOW]
Master Professional/SR,ecial ized Services Agreement/ Rev. October 2021 ____ _ Construction Management Services for Various CIP Projects

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

CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date
APPROVED AS TO FORM:

CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:

KIRSTEN SQUARCIA
City Clerk
Date -----------
Construction Management Services for Various CIP Projects 4LEAF, INC.

By jk= 37
Name Gene Barry
Title Vice President
Date Nov 7, 2023
Master Professional/Specialized Services Agreement/ Rev. October 2021

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EXHIBIT A

SCOPE OF SERVICES
The CONSULT ANT shall provide certain Construction Management services as required and requested by the CITY.

The CONSULT ANT shall provide services under this Master Agreement on an "as needed" basis and only (1) upon written request from the CITY' s Director of Public Works or authorized Agent as defined in Section 11, PROJECT COORDINATION and (2) as defined in a fully executed SERVICE ORDER (Exhibit B).

SECTION 1- GENERAL PROVISIONS
A. The CONSULT ANT shall perform all services to the satisfaction of the CITY' s Public Works Director or authorized Agent.

B. The CONSULTANT shall perform all services under this agreement to the currently prevailing professional standards and quality found among Program and Project Management Consultants with similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.

C. The CONSULT ANT shall perform services under this AGREEMENT only by authorization of a fully executed SERVICE ORDER which shall clearly provide the nature of the specific services, the time limit within which such services must be completed, and the compensation for such services. Unauthorized services performed by the CONSULTANT shall be at no cost to the CITY.

A. General Performance Requirements
4Leaf, Inc. Exhibit A-Scope of Services
------ f-'n·nstruetion-Management-5el'V:iees 202&-,20te--------------------Page 1 of 9 346
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1. The performance of all services by CONSUL TANT shall be to the satisfaction of the CITY, in accordance with the express terms hereof, including but not limited to the terms set out in detail in this scope of services and the standard of care provisions contained in this AGREEMENT.

2. CONSUL TANT shall be responsible for coordinating the work of all consultants and contractors, as needed or as directed by the CITY. CONSULTANT shall schedule meetings and prepare meeting agendas and minutes for all PROJECT meetings during the execution of this agreement under the scope of work. All minutes of meetings are due to the CITY within five (5) working days after the meeting. CONSULTANT shall provide copies of such documentation to the CITY, and as directed by the CITY, to other appropriate agencies and entities.

3. CONSULT ANT shall designate and provide to the CITY the names of their team members for the PROJECT. The team members shall be satisfactory to the CITY.

CONSULTANT shall not substitute any team members without the prior approval of the CITY. CITY retains the right to reject team members assigned by CONSULTANT or require replacement of team members.

4. CONSULTANT shall manage its SUBCONSULTANTS, and administer the PROJECT.

CONSULT ANT shall consult with the CITY, research applicable information, and communicate with members of the PROJECT team.

5. During the course of work of an assigned PROJECT, CONSUL TANT shall meet weekly with CITY's assigned project manager for the respective construction projects to provide an update on the current status of the construction project. CM will provide the CITY' s assigned project manager with a summary report.

B. CONSULT ANT shall effectively manage the assigned construction projects for the efficient, progressive, and proactive delivery of each construction project. For each assigned construction project, the CONSULT ANT may provide any or all of the following tasks and subtasks under Section 2, as is required for each specific project.

C. TASKS
Consultant services for any assigned project under this Master Agreement may include, but is not limited to the following tasks:

Task 1- Pre-Construction Phase - work may include but is not limited to the following:
1) Conduct a constructability review of the construction documents (50%, 95% and 100%) for the various projects. Provide a written report with recommendations for changes. 2) Cost Estimate review and value engineering for various projects. Provide a written report with recommendations.
3) Utility coordination for projects. Work may include a survey of existing utilities, the 4Leaf Inc.

Construction Management Services 2023-2025
Exhibit A-Scope of Services

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development of utility service plan for new and existing structures, coordinating with consultant preparing the project plans and making application to the utility companies for service.
4) Assist with the building permit approval process. Work may include but is not limited to coordinating with design consultant and building department to receive an approved building permit.
5) Assist with the review and approval process for other permits and regulatory requirements. Work may include but is not limited to coordinating with design consultant, city staff, and regulatory agencies to apply for and secure approved permits and authorizations as needed.
6) Assist with the development and conducting of public outreach programs to assist in providing public information regarding project.
7) Assist with grant administration during the project.

Task 3 - Construction Phase - work may include but is not limited to the following:
1) Administration and Coordination of Construction Contract: CM will provide administrative, construction management and related services necessary to administer the Construction Contract on each assigned project. CM' s services shall include but are not limited to the following:
4Leaf Inc.
a. Scheduling, coordinating and conducting pre-construction and construction meetings; recording, maintaining and distributing minutes thereof. b. Prior to start of project construction the CM and CITY will come to agreement on the format for all project records to be kept and turned over to the CITY at the completion of the project. Documents may be hard copies and/or electronic. CM will make recommendations on programs to be used for tracking and other record keeping needs.
c. Develop and implement a procedure for the submittal and processing of submittals with the design consultant. This shall include preparing and updating -------------------Fxhibit A-Scope of--Services
Construction Management Services 2023-2025 Page 3 of 9
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logs. Provide preliminary review for completeness and general compliance of submittals that are to be reviewed by the design consultant. Provide review and response for submittals that do not involve the design consultant (such as Safety Plan, Fire Protection Plan). Sign and date such submittals with response:

1. Review the Contractor's comprehensive schedule that establishes a base line and reports the status and progress of the project. The schedule should include details such as milestones and key activities to track project progress. Review the Contractor's three week look ahead schedule. Verify that schedules conform to the construction contract documents.
j. Work with CITY and Contractor to maintain use of existing facilities that are affected by the construction, to minimize the disruption to the existing facilities and to have their continued use during the construction of the project. This includes all phase of construction and delivery of materials. 2) Monitoring of construction costs and progress payments, CM services may include but are not limited to the following:
4Leaf Inc.
a. Provide and maintain project level reports for budgeting and contingency tracking; contract payment status; cash flow forecasting and analysis; grant documentation; and other financial reporting as necessary to support the CITY' s accounting needs. CM shall maintain records reflecting the actual costs for activities completed or in progress, including records relating to work performed on a unit cost basis and additional work performed by the Contractor on a time and materials basis. CM shall monitor and advise the CITY of costs pertaining to potential, pending and completed changes; and potential or pending claims. b. Develop a procedure for submittal, review and processing of the progress payments to Contractor, along with associated forms and reporting systems. CM shall review progress payment applications and work with Contractor to achieve agreement on the progress payment amount. CM will verify that the "as built" Construction Management Services 2023-2025
Exhibit A-Scope of Services

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check set of plans by the Contractor are updated prior to approval of progress payment being submitted to the CITY. CM will require Contractor to provide a conditional waiver and release for progress payments and a final release and waiver for the final payment. CM will certify that the data in each application for progress payment is to the best of CM's knowledge, information and belief, the work has progressed to the point indicated in the application for progress payment and the quality of the work is generally in accordance with the contract documents. CM' s review of application for progress payment shall be undertaken and completed in a timely manner so that the CITY can meet its obligations to make progress payment due Contractor within the time permitted by applicable law without incurring interest liability or other penalties/liabilities.

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4Leaf Inc.
b. Coordinate testing, lab services and inspections, this includes by outside firms.

CM will work with the Building Department for permit inspections coordination and final approvals of permit. Provide testing and test results by testing firm acceptable to CITY. Such testing services shall be a reimbursable expense as described in Task 5.
c. Maintain at the site the following documents at a minimum: Contract, Drawings, Specifications, approved Change Orders, Submittals, building permit, SWPPP and associated testing or monitoring documentation, other permits, applicable codes, rules and regulation and other written or electronic materials relating to the project.
d. CM will endeavor to guard the CITY against defects and deficiencies in construction and workmanship of the project on the basis of its site observations, and a quality control program established and implemented hereunder to monitor construction workmanship for conformity: 1) accepted industry standards; 2) applicable laws, codes, regulations, ordinances or rules: 3) and the requirements of the construction documents.
e. CM shall reject work whenever in the ordinary course of discharging its services the CM discovers or observes patent conditions of defective or deficient construction and workmanship which as or may have an adverse impact upon the project's life-safety systems or operations, structural elements or integrity of the safety of persons or property. CM shall take prompt action appropriate under the circumstances, including stopping the work and thereupon notifying the CITY in writing. CM' s responsibilities hereunder shall be limited to defective or deficient work or an apparent or patent nature.
f. Review the Contactor safety program and the requirements of the construction documents and applicable law. CM shall monitor the Contractor's compliance with safety programs and advise the CITY of measures, if any, necessary or appropriate to obtain the Contractor's compliance. By undertaking the obligation hereunder, CM shall not be deemed to have assumed responsibility of the adequacy or sufficiency of safety programs implemented by the Contractor, but the CM is responsible for verifying that the Contractor has established a safety program, that the safety program established by the Contractor is in compliance with applicable law, rule or regulation and that the Contractor has implemented its safety program.
g. CM shall promptly notify the CITY in writing of all CM observed instances of Contractor's failure to comply with applicable safety requirements. If in the course of performing services during the construction, the CM observes a safety violation or other unsafe condition on or about the site or surrounding area which have a immediate or potential or actual adverse effect on life or property, the CM is authorized, without prior notice to the CITY or prior directive by the CITY, to take all actions deemed necessary and appropriate by the CM under the then existing circumstances to prevent such actual or potential adverse effect.

Construction Management Services 2023-2025
Exhibit A-Scope of Services

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h. CM shall become familiar with all CEQA documents and permit requirements from other agencies having jurisdictions over the site or work that will affect the project and the construction site. CM shall be responsible for monitoring all aspects of the project as it relates to the requirements. CM shall monitor the Contractor's compliance with all requirements of the CEQA documents and permits by other agencies. CM shall take prompt action appropriate under the circumstances, including stopping the work and thereupon notifying the CITY in writing if Contractor is not following all requirements. 6) Contract Change Order (CCO) processing, CM services may include but are not limited to the following:
a. Coordinate and disseminate correspondence, drawings and other written materials by and between the Contractor, the CITY and the design consultants relating to changes to the project. CM will coordinate the Contractor's performance of changes authorized by the CITY. CM shall maintain a log or other written records to monitor the pendency and disposition of change and CCOs to keep the CITY advised of the status of the same and the actual or potential impact of any particular change or CCO or the cumulative effects thereof on the construction cost or time for completion of construction of the project.
b. Assist the CITY and design consultant in evaluation of requests for the Contactor for issuance of CCOs, assist in negotiations with the Contractor relative to the CCOs proposals and the adjustment of the contract price or the contract time under the construction contract. CM will make recommendations to the CITY and the design consultant for handling and disposition of the Contractor's proposal relative to the changes. If a change to the construction contract is approved or authorized by the CITY, CM will assist the CITY and the design consultant in the preparation of a CCO reflecting such approved or authorized change to the construction contract. The CM is not authorized, without the prior consent and approval of the CITY, to effectuate or authorize any change to the work of the project. The CM shall be liable to the CITY for all direct and consequential costs, losses or damage resulting from the CM' s direction or authorization of effectuate a change to the work of the project without the prior direction and authorization by the CITY.
7) Claims handling, CM service may include but are not limited to the following:
a. Assist the design consultant in the review, evaluation and processing of claims asserted by the Contractor; CM will make recommendations to the CITY as to merit, handling and disposition of Contractor's claims. Except in the event that the CM is alleged to have caused or contributed to the circumstances giving rise to a Contractor claim or other Contractor demand for compensation, services of the CM to prepare documentation or provide testimony in a mediation, arbitration or judicial proceeding arising out of such a claim or demand for compensation shall be deemed additional services. If the CM is alleged to have Construction Management Services 2023-2025
Exhibit-A-Scope-of Services

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caused or contributed to a Contractor claim, the CM' s claims handling services, including without limitation, claims analysis, assistance in preparing briefs/graphic materials in connection with negotiations or dispute resolution proceeding relating to a Contractor claim shall be deemed part of the CM' s basic services under this agreement.
8) CM equipment, CM shall provide the following equipment necessary to carry out CM duties:
a. Provide all equipment, furnishings and other items necessary to complete the services required for the project. Including without limitation, trailer, computers, related hardware, software, vehicles, cell phones, office equipment and copiers.

Task 5 - Post-Construction Phase - work may include but is not limited to the following:
1) Contractor closeout document review, CM services shall include but are not limited to the following:
2) Receive from the Contractor the closeout documents and items to be submitted by the Contractor under the terms of the Construction Contract upon completion of its obligations under the Construction Contract. The CM shall review each Contractor's closeout submittals to determine conformity with the requirements of the Construction Contract. If the CM determines that any Contractor's closeout submittals are not in conformity with requirements of the construction contract, the CM shall make recommendations to the CITY for measures to secure compliance with the requirements of the construction contract. The CM shall deliver to the CITY all of the Contractor's closeout submittals, including the Contractor's as-build drawings which the CM shall 4Leaf Inc.

Construction Management Services 2023-2025
Exhibit A-Scope of Services

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transmit to the design consultant for preparation of the record drawings. The CM shall monitor the design consultant's preparation and completion of the project record drawings prior to delivering to the CITY.
3) Within thirty (30) days of the date of issuance of a Certificate of Final Completion for the construction contract, the CM shall assemble and deliver to the CITY all of the records maintained by the CM relating to the project.
ea nc.

Construction Management Services 2023-2025

END OF EXHIBIT
xhibit-k-'Scope-offlervices

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COMPENSATION
The City shall compensate the Consultant according to the hourly rate(s) stated in this Exhibit which shall remain in effect for the Master Agreement schedule of performance unless changed by written amendment to the Master Agreement. -Each authorized Service Order under this Master Agreement shall identify the method of compensation consistent with the scope of services provided by the Consultant. In any case, the Consultant's total payment for each authorized Service Order shall not exceed the maximum compensation identified in that Service Order, unless authorized by a written amendment executed by the City and the Consultant, and the total compensation for all authorized Service Orders shall not exceed the maximum compensation stated in Article 4, Compensation, of the Master Agreement.

Work exceeding the total authorized amount for a Service Order or the total compensation for the Master Agreement shall be at no cost to the City.

Consultant Hourly Rate(s)
The Consultant shall be compensated according to the following hourly rate(s) for all work performed under authorized Service Orders:

Labor Category CY2024 Hourly Rate CY2025 Hourly Rate
Principal Engineer $207 $218
Resident Engineer/ Construction $175 $184
Manager
Assistant Engineer / $160 $168
Office Engineer
Construction Inspector $95-148 $100-156
*CY= Calendar Year; 3% escalation indicated
Reimbursable Expenses
Reimbursable expenses represent the acquisition cost of items, other than direct labor, specifically required to perform the scope of services and beyond normal business operating expenses which are included in the direct labor rate. Such expenses include, but are not limited to:
• Individual or multiple document reproductions that exceed 50 pages; • Drawing or bid set reproductions;
• Software required by City other than Microsoft Word, Excel, PowerPoint, and Project; Adobe Acrobat; and a photo editor program.
• Travel expenses to the extent allowed by City policy; 4Leaf, Inc.

Construction Management Services 2023-25
Compensation

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COMPENSATION
• Sub-consultants required by project scope of services; • Safety equipment required by City policy or the project scope of services; • Mass mailing notifications;
• Expenses for public meetings, such as refreshments, interpreters, security, valet parking, facility rental, tents or booths, easels, markers, paper, presentation equipment.

The City shall compensate the Consultant for reimbursable expenses for the documented actual cost only, allowing for no surcharge for Consultant administration.

Reimbursable expenses shall be separately identified on the Consultant invoice.

Attention: Susan Michael, Capital Improvement Programs Manager City of Cupertino
10300 Torre Ave.

All Consultant payments shall be addressed to:
4Leaf, Inc.
2126 Rheem Drive
Pleasanton, CA 94588
Attention: Gene Barry
4Leaf, Inc.

Construction Management Services 2023-2025

END OF EXHIBIT
Compensation

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EXHIBIT B

SERVICE ORDER PROCESS
The CONSULT ANT shall provide services under this Master Agreement on an "as needed" basis and only (1) upon written request from the CITY's Director of Public Works or authorized Agent as defined in Section 14, Project Coordination, and (2) as defined in a fully executed Service Order.

B. The City and Consultant shall discuss the proposal in detail and agree upon the terms of the Service Order.

F. The maximum compensation authorized by a single Service Order and/or the aggregate of Service Orders shall not exceed the maximum compensation set forth in Article 4 of the Master Agreement.

CSG Consultants, Inc. Exhibit B-Service Order Process
Construction Management Services
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CITY OF CUPERTINO

MASTER AGREEMENT CONSULT ANT SERVICES
SERVICE ORDER NO.

MASTER AGREEMENT #: MA Date:

Maximum Compensation: MA End Date:

Consultant: Firm Name:

Address:

Contact: Ph:

Email Address:

Project Name:

Fiscal/Budget :

Master Agreement Maximum Compensation: ---------- Tot al Previously Encumbered to Date: ---------- Enc umbra n c e this Service Order:
---------- Master Agreement Unencumbered Balance:
----------
SO Acc't#: PO#:

Project#: Date:

Approvals:

Consultant: Date:

Manager: Date:

EXHIBITC
Insurance Requirements
Professional/Specialized Services Agreement
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:

I. Commercial General Liability (CGL): Insurance Services Office ("ISO") Form CG 0001 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.

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 Insurance Requirements for Professional/Specialized Services Version: Jan. 2022 Agreement 359
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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.

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 the Services.

Insurance Requirements for Professional/Specialized Services Version: Jan. 2022 Agreement 360
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4LEAINC-01 MINED1
ACORD" CERTIFICATE OF LIABILITY INSURANCE I ~

DATE (MMIDD/YYYY)
4/10/2023
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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

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

PRODUCER License# OC41366 CONTACT NAME:

Granite Professional Insurance Brokerage, Inc. rt2.NNEo, Ext): (925) 462-8400 I FAX 360 Lindbe~h Avenue (AJC, No):(925) 462-8888
Livermore, A 94551 f~lJ~ss, [email protected]
INSURER($) AFFORDING COVERAGE NAIC#
INSURER A : Travelers Property Casualty Company of America 25674 INSURED INSURER a: Evanston Insurance 35378
4LEAF, Inc. INSURERC:
2126 Rheem Dr INSURERD:

Pleasanton, CA 94588 INSURER E:

INSURERF :

COVERAGES CERTIFICATE NUMBER· REVISION NUMBER·

INSR TYPE OF INSURANCE ~.~J>~ SUBR POLICY NUMBER POLICY EFF POLICY EXP LTR wvn LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ~ ~ CLAIMS-MADE [K] OCCUR X X 6800J268720 4/9/2023 4/9/2024 ~~~~~H9E~~~J~~ence\ $ 1,000,000 f----- ~
MED EXP (Anv one oerson) $ 5,000
PERSONAL & ADV INJURY $ 1,000,000 f-----
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Fl POLICY [K] ~r8i □ LOG PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $
A AUTOMOBILE LIABILITY f-----/
c,OMBINED SINGLE LIMIT
Ea accident\ $ 1,000,000
X ANY AUTO 8107R025623 4/9/2023 4/9/2024 BODILY INJURY (Per oerson\ $ - OWNED SCHEDULED f----- AUTOS ONLY - AUTOS BODILY INJURY /Per accident) $ X ~LRT1?s ONLY X NON-OWNED rpf!,?~tc~d7;;:',t?AMAGE $ - AUTOS ONLY $
A X UMBRELLA LIAS NOCCUR EACH OCCURRENCE $ 6,000,000 - EXCESS LIAS CLAIMS-MADE CUP1 S364055 4/9/2023 4/9/2024 AGGREGATE $ 6,000,000 OED I I RETENTION $ $
A WORKERS COMPENSATION X I ~ffruTE I I OTHAND EMPLOYERS' LIABILITY ER YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE X UB2T357728 4/9/2023 4/9/2024 1,000,000 □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA
(Mandatory in NH) 1,000,000 E.L. DISEASE - EA EMPLOYEE $ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Professional Liab MKLV7PL0005809 4/9/2023 4/9/2024 Each Claim 2,000,000 B MKLV7PL0005809 4/9/2023 4/9/2024 Aggregate 2,000,000
DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The attached forms apply as required per written contract or written agreements between the listed parties and the insured, which are subject to the policy provisions. In the absence of such written contract or written agreement the attached form may not be applicable.

The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are named as additional insured on General Liability Policy per attached endorsement CG D3 81 0915. Primary and non-contributory applies to General Liability policy per attached endorsement CG D3 81 0915.

Waivers of subrogation apply to General Liability and Workers Compensation Policies per attached endorsements CG D3 81 0915 and WC 99 03 76.

Professional Liability Retro Date 4/1/07

CERTIFICATE HOLDER CANCELLATION

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

Cupertino, CA 95014

The ACORD name and logo are registered marks of ACORD 361 CC 11-21-2023
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POLICY# 8107R025623

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following :

BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.

A. BROAD FORM NAMED INSURED
B. BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS - INCREASED
LIMITS
F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS

PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:

Any organization you newly acquire or form during the policy period over which you maintain 50% or more ownership interest and that is not
separately insured for Business Auto Coverage.

Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier.

B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. in A.1.,
Who Is An Insured, of SECTION II - COVERED
AUTOS LIABILITY COVERAGE:

Any person or organization who is required under
a written contract or agreement between you and
that person or organization, that is signed and
executed by you before the "bodily injury" or
"property damage" occurs and that is in effect
during the policy period, to be named as an additional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which
H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF

USE - INCREASED LIMIT
I. PHYSICAL DAMAGE - TRANSPORTATION

EXPENSES - INCREASED LIMIT
J. PERSONAL PROPERTY
K. AIRBAGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
M. BLANKET WAIVER OF SUBROGATION
N. UNINTENTIONAL ERRORS OR OMISSIONS
this insurance applies and only to the extent that
person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in Section II.

C. EMPLOYEE HIRED AUTO

1. The following is added to Paragraph A.1.,
Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE:

An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in an "employee's"
name, with your permission, while performing
duties related to the conduct of your business.

2. The following replaces Paragraph b. in B.5.,
Other Insurance, of SECTION IV - BUSINESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:
(1) Any covered "auto" you lease, hire,
rent or borrow; and
(2) Any covered "auto" hired or rented by
your "employee" under a contract in
an "employee's" name, with your
CA T3 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 362
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COMMERCIAL AUTO
perm1ss1on, while performing duties
related to the conduct of your business.

However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered "auto".

D. EMPLOYEES AS INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:

Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs.

E. SUPPLEMENTARY PAYMENTS - INCREASED
LIMITS

1. The following replaces Paragraph A.2.a.(2),
of SECTION II - COVERED AUTOS LIABILITY COVERAGE:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish
these bonds.

2. The following replaces Paragraph A.2.a.(4),
of SECTION II - COVERED AUTOS LIABILITY COVERAGE:
(4) All reasonable expenses incurred by the
"insured" at our request, including actual
loss of earnings up to $500 a day because of time off from work.

F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS The following replaces Subparagraph (5) in Paragraph B.7., Policy Period, Coverage Territory, of SECTION IV - BUSINESS AUTO CONDITIONS:
(5) Anywhere in the world, except any country or
jurisdiction while any trade sanction, embargo, or similar regulation imposed by the United States of America applies to and prohibits the transaction of business with or within such country or jurisdiction, for Covered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow
without a driver for a period of 30 days or less
and that is not an "auto" you lease, hire, rent
or borrow from any of your "employees",
partners (if you are a partnership), members
(if you are a limited liability company) or
members of their households.
(a) With respect to any claim made or "suit"
brought outside the United States of
America, the territories and possessions
of the United States of America, Puerto
Rico and Canada:
(i) You must arrange to defend the "insured" against, and investigate or settle any such claim or "suit" and keep us advised of all proceedings and actions.
(ii) Neither you nor any other involved
"insured" will make any settlement
without our consent.
(iii) We may, at our discretion, participate
in defending the "insured" against, or
in the settlement of, any claim or
"suit".
(iv) We will reimburse the "insured" for
sums that the "insured" legally must
pay as damages because of "bodily
injury" or "property damage" to which
this insurance applies, that the "insured" pays with our consent, but only up to the limit described in Paragraph C., Limits Of Insurance, of

SECTION II - COVERED AUTOS
LIABILITY COVERAGE.
(v) We will reimburse the "insured" for
the reasonable expenses incurred
with our consent for your investigation of such claims and your defense of the "insured" against any such
"suit", but only up to and included
within the limit described in Paragraph C., Limits Of Insurance, of

SECTION II - COVERED AUTOS
LIABILITY COVERAGE, and not in
addition to such limit. Our duty to
make such payments ends when we
have used up the applicable limit of
insurance in payments for damages,
settlements or defense expenses.
(b) This insurance is excess over any valid
and collectible other insurance available
to the "insured" whether primary, excess,
contingent or on any other basis.
(c) This insurance is not a substitute for required or compulsory insurance in any country outside the United States, its territories and possessions, Puerto Rico and Canada.

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You agree to maintain all required or
compulsory insurance in any such country up to the minimum limits required by local law. Your failure to comply with
compulsory insurance requirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory insurance requirements. (d) It is understood that we are not an admitted or authorized insurer outside the United States of America, its territories
and possessions, Puerto Rico and Canada. We assume no responsibility for the furnishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.

G. WAIVER OF DEDUCTIBLE - GLASS
The following is added to Paragraph D., Deductible, of SECTION Ill - PHYSICAL DAMAGE COVERAGE:

No deductible for a covered "auto" will apply to
glass damage if the glass is repaired rather than
replaced.

H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF

USE - INCREASED LIMIT
The following replaces the last sentence of Paragraph A.4.b., Loss Of Use Expenses, of SECTION Ill - PHYSICAL DAMAGE COVERAGE:

However, the most we will pay for any expenses
for loss of use is $65 per day, to a maximum of
$750 for any one "accident".

I. PHYSICAL DAMAGE - TRANSPORTATION

EXPENSES - INCREASED LIMIT
The following replaces the first sentence in Paragraph A.4.a., Transportation Expenses, of SECTION Ill - PHYSICAL DAMAGE COVERAGE:

We will pay up to $50 per day to a maximum of
$1 ,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type.

J. PERSONAL PROPERTY
The following is added to Paragraph A.4., Coverage Extensions, of SECTION Ill - PHYSICAL DAMAGE COVERAGE:

Personal Property
We will pay up to $400 for "loss" to wearing apparel and other personal property which is:
(1) Owned by an "insured"; and

COMMERCIAL AUTO
(2) In or on your covered "auto".

This coverage applies only in the event of a total
theft of your covered "auto".

No deductibles apply to this Personal Property
coverage.

K. AIRBAGS
The following is added to Paragraph 8.3., Exclusions, of SECTION Ill - PHYSICAL DAMAGE COVERAGE:

Exclusion 3.a. does not apply to "loss" to one or
more airbags in a covered "auto" you own that inflate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but
only:
a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated.

We will pay up to a maximum of $1,000 for any
one "loss".

L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV - BUSINESS AUTO CONDITIONS:

Your duty to give us or our authorized representative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" is known to:
(a) You (if you are an individual);
(b) A partner (if you are a partnership);
(c) A member (if you are a limited liability company); (d) An executive officer, director or insurance
manager (if you are a corporation or other organization); or (e) Any "employee" authorized by you to give notice of the "accident" or "loss".

M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.5., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV - BUSINESS AUTO CONDITIONS:

5. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident"
or "loss", provided that the "accident" or "loss"
arises out of operations contemplated by
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COMMERCIAL AUTO
such contract. The waiver applies only to the
person or organization designated in such
contract.

N. UNINTENTIONAL ERRORS OR OMISSIONS
The following is added to Paragraph B.2., Concealment, Misrepresentation, Or Fraud, of SECTION IV - BUSINESS AUTO CONDITIONS:

The unintentional om1ss1on of, or unintentional
error in, any information given by you shall not
prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal.

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Policy Number 6800J268720

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

BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

1. The following is added to SECTION II - WHO IS
AN INSURED:

Any person or organization that you agree in a
"written contract requiring insurance" to include as
an additional insured on this Coverage Part, but:
a. Only with respect to liability for "bodily injury",
"property damage" or "personal injury"; and
b. If, and only to the extent that, the injury or
damage is caused by acts or omissions of
you or your subcontractor in the performance
of "your work" to which the "written contract
requiring insurance" applies, or in connection
with premises owned by or rented to you.

The person or organization does not qualify as an
additional insured:
c. With respect to the independent acts or
omissions of such person or organization; or
d. For "bodily injury", "property damage" or
"personal injury" for which such person or
organization has assumed liability in a
contract or agreement.

The insurance provided to such additional insured
is limited as follows:
e. This insurance does not apply on any basis to
any person or organization for which
coverage as an additional insured specifically
is added by another endorsement to this
Coverage Part.
f. This insurance does not apply to the
rendering of or failure to render any
"professional services" ..
g. In the event that the Limits of Insurance of the
Coverage Part shown in the Declarations
exceed the limits of liability required by the
"written contract requiring insurance", the
insurance provided to the additional insured
shall be limited to the limits of liability required
by that "written contract requiring insurance".

This endorsement does not increase the
limits of insurance described in Section Ill -
Limits Of Insurance.
h. This insurance does not apply to "bodily
injury" or "property damage" caused by "your
work" and included in the "productscompleted operations hazard" unless the "written contract requiring insurance"
specifically requires you to provide such
coverage for that additional insured, and then
the insurance provided to the additional
insured applies only to such "bodily injury" or
"property damage" that occurs before the end
of the period of time for which the "written
contract requiring insurance" requires you to
provide such coverage or the end of the
policy period, whichever is earlier.

2. The following is added to Paragraph 4.a. of

SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS:

The insurance provided to the additional insured
is excess over any valid and collectible other
insurance, whether primary, excess, contingent or
on any other basis, that is available to the
additional insured for a loss we cover. However, if
you specifically agree in the "written contract
requiring insurance" that this insurance provided
to the additional insured under this Coverage Part
must apply on a primary basis or a primary and
non-contributory basis, this insurance is primary
to other insurance available to the additional
insured which covers that person or organizations
as a named insured for such loss, and we will not
share with the other insurance, provided that:
(1) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal injury" for which coverage is
sought arises out of an offense committed;
after you have signed that "written contract
requiring insurance". But this insurance provided
to the additional insured still is excess over valid
and collectible other insurance, whether primary,
excess, contingent or on any other basis, that is
available to the additional insured when that
person or organization is an additional insured
under any other insurance.

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COMMERCIAL GENERAL LIABILITY

3. The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against others To Us,
of SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS:

We waive any right of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal injury" arising out of "your
work" performed by you, or on your behalf, done
under a "written contract requiring insurance" with
that person or organization. We waive this right
only where you have agreed to do so as part of
the "written contract requiring insurance" with
such person or organization signed by you
before, and in effect when, the "bodily injury" or
"property damage" occurs, or the "personal injury"
offense is committed.

4. The following definition is added to the
DEFINITIONS Section:
"Written contract requiring insurance" means that
part of any written contract under which you are
required to include a person or organization as an
additional insured on this Coverage Part,
provided that the "bodily injury" and "property
damage" occurs and the "personal injury" is
caused by an offense committed:
a. After you have signed that written contract;
b. While that part of the written contract is in
effect; and
c. Before the end of the policy period.

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~ TRAVELERSJ , ONE TOWER SQUARE
HARTFORD CT 06183

WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A)- 001
POLICY NUMBER: UB2T357728

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS

ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
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.

The additional premium for this endorsement shall be 2 . oo % of the California workers' compensation premium.

Person or Organization

ANY PERSON OR ORGANIZATION FOR

WHICH THE INSURED HAS AGREED

BY WRITTEN CONTRACT EXECUTED

PRIOR TO LOSS TO FURNISH THIS
WAIVER.

Schedule
Job Description

ENGINEERS
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective
Insured
Insurance Company
DATE OF ISSUE: 04-03 - 23
Policy No. Endorsement No.

Premium
Countersigned by ____________ _
ST ASSIGN: age 1 of 1
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4Leaf, Inc for Construction Management
Services for Various CIP Projects
Final Audit Report
Created:

By:

Status:

Transaction ID:
2023-11-07
City of Cupertino ([email protected])
Signed
CBJCHBCAABAAPNY1 yzhrWC2eBsnZKL5OOvlbnRAUCkw4
2023-11-07
"4Leaf, Inc for Construction Management Services for Various CIP Projects" History
'El Document created by City of Cupertino ([email protected]) 2023-11-07 - 1 :54:03 AM GMT- IP address: 35.229.54.2
g Document emailed to Julia Kinst [email protected]) for approval 2023-11-07 - 1 :55:55 AM GMT
0c. Document approved by Julia Kinst [email protected]) Approval Date: 2023-11-07 - 1 :56:25 AM GMT - Time Source: server- IP address: 216.198.111.214 g Document emailed to Gene Barry ([email protected]) for signature 2023-11-07 - 1 :56:27 AM GMT
J.l,. Document shared with Susan Michael ([email protected]) by Julia Kinst [email protected]) 2023-11-07 - 1 :56:54 AM GMT- IP address: 216.198.111.214 'El Email viewed by Gene Barry ([email protected])
2023-11-07 - 3:54:50 PM GMT- IP address: 104.47.70.126
6-0 Document e-signed by Gene Barry ([email protected]) Signature Date: 2023-1 1-07 - 3:56:21 PM GMT - Time Source: server- IP address: 68.65.68.30 f) Agreement completed.
2023-11-07 - 3:56:21 PM GMT
I Poweredby
Adobe
""".-r,No Acrobat Sign
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CITY OF CUPERTINO
Agenda Item
23-12814 Agenda Date:
11/21/2023 Agenda #:

11. Subject: Accept the City Manager’s First Quarter Financial Report for Fiscal Year 2023-24

1. Accept the City Manager’s First Quarter Financial Report for Fiscal Year 2023-24

2. Adopt Resolution No. 23-128 approving Budget Modification No. 2324-314, increasing appropriations by $464,384 and revenues by $540,141

3. Adopt Resolution No. 23-129 amending Cupertino City Employees’ Association /IFPTE Local 21 Classification Plan and Salary Schedule

4. Adopt Resolution No. 23-130 amending the Unrepresented Employees’ Compensation Program

5. Approve new Senior Housing Coordinator and Communications and Marketing Coordinator classifications

6. Receive FY 2023-24 First Quarter City Work Program Dashboard Update

7. Provide direction on potential service level reductions for FY 2024-25 a. Defunding the 4th of July Event in FY 2024-25
b. Defunding Community Grant Funding Program in FY 2024-25 c. Defunding Weed Abatement subsidy of $8,600 annually.

Presenters: Kristina Alfaro, Director of Administrative Services and Thomas Leung, Budget Manager
CITY OF CUPERTINO Page 1 of 1 Printed on 11/15/2023
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1 CITY COUNCIL STAFF REPORT
Meeting: November 21, 2023
Subject
Accept the City Manager’s First Quarter Financial Report for Fiscal Year 2023-24 Recommended Action

1. Accept the City Manager’s First Quarter Financial Report for Fiscal Year 2023-24

2. Adopt Resolution No. 23-XXX approving Budget Modification No. 2324-314, increasing appropriations by $464,384 and revenues by $540,141

3. Adopt Resolution No. 23-XXX amending Cupertino City Employees’ Association /IFPTE Local 21 Classification Plan and Salary Schedule

4. Adopt Resolution No. 23-XXX amending the Unrepresented Employees’ Compensation Program

5. Approve new Senior Housing Coordinator and Communications and Marketing Coordinator classifications

6. Receive FY 2023-24 First Quarter City Work Program Dashboard Update

7. Provide direction on potential service level reductions for FY 2024-25 a. Defunding the 4
th of July Event in FY 2024-25
b. Defunding Community Grant Funding Program in FY 2024-25 c. Defunding Weed Abatement subsidy of $8,600 annually.

Executive Summary
The First Quarter Financial Report for Fiscal Year (FY) 2023-24 outlines the City’s financial status as of September 30, 2023. The FY 2023-24 Amended Budget is $204.7 million, increasing from an adopted budget of $121.8 million due to carryovers and encumbrances from the last fiscal year, in addition to Council-approved budget adjustments.

In FY 2022-23, revenues were lower than budgeted, primarily due to the carryover of Vallco Town Center revenues. Positive variances were noted in the most significant revenue sources: sales tax, property tax, and Transient Occupancy Tax (TOT); however, the potential reallocation of sales tax revenues by the California Department of Tax and Fee Administration (CDTFA) introduces uncertainty. Expenditures were also lower than 372
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2 budgeted, driven by savings in salaries, materials, and contract services.

In the first quarter of FY 2023-24, revenue was $5.5 million, or 31% lower than last year, primarily attributed to drops in sales tax, intergovernmental, and transfers, while expenditures were $5.7 million, or 18% lower than last year, primarily due to decreases in transfers and salaries and benefits.

Key recommendations from the report include the following:
 Proposed budget adjustments increasing appropriations by $464,384 and revenues by $540,141 to cover transfers, unforeseen repairs, utilities, tree maintenance, and janitorial costs.
 Establishing new Senior Housing Coordinator and Communications and Marketing Coordinator classifications. A Senior Housing Planner position will be reclassified as a Senior Housing Coordinator and a Communications Officer position will be reclassified as a Communications and Marketing Coordinator, with the latter resulting in cost savings. This will not result in any additional positions.
 Looking ahead to FY 2024-25, potential reductions for Council consideration include defunding the 4th of July event, the Community Grant Funding Program, and the annual Weed Abatement subsidy. Direction on these three items will be important as staff plans for further cost controls next fiscal year.

Reasons for Recommendation
Background
On June 6, 2023, the City Council adopted the FY 2023-24 Adopted Budget, a $121.8 million spending plan funded by $110.2 million in revenue and $11.6 million in fund balance. The adopted budget reflected a $4.0 million increase from the proposed budget, mainly due to the Capital Improvement Program.

Budget Actions Amount
Proposed Budget $ 117,762,980
Final Budget Hearing & Adoption
Operating Changes (51,123)
Capital Improvement Program (Including Transfers) 4,054,000 FY 2023-24 Adopted Budget $ 121,765,857
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3 As part of the FY 2022-23 year-end close, additional funds were carried forward to FY 2023-24, amounting to $17.1 million in encumbrances and $64.0 million in carryover appropriations.
1 The largest encumbrances were for capital projects ($3.8 million), while the largest carryovers were also for capital projects ($31.0 million) and The Rise ($19.1 million).

Furthermore, the FY 2023-24 Amended Budget includes Council-approved budget amendments from July 1 to September 30, 2023, totaling $1.8 million for capital projects.

As a result of these budget adjustments, encumbrances, and carryovers, the amended budget at the end of the first quarter is $204.7 million, funded with $149.5 million in revenue and $55.2 million in fund balance. The reflection of carryovers and encumbrances in the amended budget is a standard practice in municipal budgeting and aligns with the amounts in previous years, which have been approximately $80 million. Carryovers and encumbrances are appropriations approved in prior years but have not yet been spent.

1Encumbrances are outstanding commitments tied to unfilled purchase orders or contracts, which are rolled over to the following fiscal year until those obligations are fulfilled or terminated. Carryover appropriations are unencumbered funds for unfinished projects carried over to the following fiscal year to be spent for the same purpose for which they were approved.
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4 The budget adjustments are summarized in the chart below.

Appropriation Changes since the FY 2023-24 Adopted Budget For detailed descriptions of budget amendments, please refer to Attachment C.

Discussion
The First Quarter Financial Report, as of September 30, 2023, is a critical tool for the City to evaluate its current revenue outlook and make necessary adjustments to the budget in response to changing spending priorities. It provides an overview of the City's budget status, including its revenue outlook, expenditure patterns, and other key financial metrics. Additionally, the report helps the City stay on track toward achieving its goals and objectives by providing valuable insights into the City's financial performance. By using this information to make informed decisions and take appropriate actions, the City can maintain its fiscal sustainability.

FY 2022-23 Year End Update
Revenues
The City is expected to end FY 2022-23 with total revenues of $148.1 million, $37.4 million less than budgeted, primarily due to the carryover of Vallco Town Center plan check and building inspection revenues. These revenues will continue to be carried over each year until the services are rendered, and the revenues are recognized. Additionally, revenues are less than budgeted due to Housing Mitigation fees, and outstanding Apple donations for 2016 Bike Plan projects for which revenues will be carried over and recognized as the projects are completed. Additionally, revenues came in lower due to an outstanding reimbursement request from the Section 115 OPEB Trust for retiree health expenses in FY 2021-22 and FY 2022-23, as is further explained in the miscellaneous revenues section below.

Fund
FY 2023-24
Adopted
Budget Carryovers Encumbrances
Adjustments
Approved in 1st
Quarter
FY 2023-24 Amended
Budget as of
September 30, 2023
General 86,062,998 25,990,872 9,723,884 - 121,777,754
Special Revenue 10,401,172 14,081,926 4,101,434 - 28,584,532 Debt Service 2,677,600 - - - 2,677,600
Capital Projects 4,229,000 22,533,377 2,002,735 1,798,532 30,563,644 Enterprise 9,671,575 608,333 298,323 - 10,578,231
Internal Service 8,723,512 820,692 1,001,388 - 10,545,592 Total All Funds $ 121,765,857 $ 64,035,200 $ 17,127,764 $ 1,798,532 $ 204,727,353 375
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5 FY 2022-23 Year End Actuals versus Amended Budget by Revenue Category Sales Tax revenue came in $2.9 million higher than budgeted. The City budgets revenues conservatively and anticipated a reduction in online sales as the pandemic waned.

Sales tax revenue is derived from five primary economic categories, including businessto-business, state and county pools, restaurants and hotels, general consumer goods, and fuel and service stations. County pool revenue is based on the City's share of direct sales tax in the County. As a result, when sales tax fluctuates, the City's share of the County pool adjusts proportionally.

Nonetheless, despite the positive variance, revenue for FY 2022-23 was still significantly lower than in previous years due to a shift from online to in-store shopping. The COVID19 pandemic had a substantial impact on the City's sales tax revenues from FY 2019-20 to FY 2021-22. Notably, certain sectors, including business-to-business sales tax and County pool allocation, experienced growth during this period. This growth was primarily driven by increased online sales due to statewide shelter-in-place mandates and a heightened demand for computer and electronics equipment, reflecting the shift to remote work during the pandemic.

The CDTFA is responsible for administering the distribution of sales and use tax in California. Businesses in California must register for a sales tax permit, collect taxes from customers, and report their sales taxes accurately and timely. These taxes, along with information about their allocation to jurisdictions, are then forwarded to the CDTFA, which distributes them to the appropriate jurisdictions. Additionally, the CDTFA conducts audits on businesses to ensure compliance with tax laws and regulations. The City receives a share of the sales tax revenue generated within its boundaries, which funds a wide range of City services and programs.

Revenue Category
Amended
Budget Actual Variance ($) Variance (%)
05 - Sales tax 31,944,089 34,819,341 2,875,252 9%
10 - Property tax 30,039,574 31,889,638 1,850,064 6%
15 - Transient occupancy 6,000,000 7,062,150 1,062,150 18% 20 - Utility tax 2,955,404 4,103,906 1,148,502 39%
25 - Franchise fees 3,230,101 3,995,018 764,917 24%
30 - Other taxes 9,991,122 2,363,292 (7,627,830) -76%
35 - Licenses and permits 34,057,523 4,093,631 (29,963,892) -88% 40 - Use of money and property 1,993,561 4,402,822 2,409,261 121% 45 - Intergovernmental revenue 14,861,249 11,989,612 (2,871,637) -19% 50 - Charges for services 25,641,541 24,028,943 (1,612,598) -6% 55 - Fines and forfeitures 495,669 326,944 (168,725) -34% 60 - Miscellaneous 6,439,474 1,447,672 (4,991,802) -78% 65 - Transfers in 16,954,117 16,835,351 (118,766) -1%
70 - Other financing sources 850,320 739,016 (111,304) -13% Total $ 185,453,744 $ 148,097,335 $ (37,356,409) -20%
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6 Though it occurred after the first quarter, it is important to note that in October 2023, the CDTFA notified the City of a proposed reallocation of sales and use tax revenues and the amount of money that the CDTFA alleges to have been incorrectly allocated. On October 10, 2023, the City Council took action to establish a Sales Tax Repayment Reserve to set aside disputed sales tax revenue. The initial allocation was $56.5 million, corresponding to disputed sales tax revenue received between April 2021 and June 2023.

Property Tax revenue came in $1.9 million higher than estimated. In FY 2022-23, the City’s property tax roll grew $2.08 billion, or 7.2%. This growth was $1.09 billion more than in FY 2021-22, when the property tax roll grew by $986 million, or 3.5%. This increase is predominantly attributable to increases in residential, commercial, and industrial property values.

Transient Occupancy Tax (TOT) revenue came in $1.1 million higher than estimated due to increased travel but was still significantly lower relative to pre-pandemic conditions.

Utility Tax came in $1.1 million higher than expected.

Franchise Fees revenues are in line with estimated amounts.

Other Taxes are lower than budgeted primarily due to Housing Mitigation fees. This is primarily due to certain developments that have not yet reached the permit submittal phase. As these developments progress, the Housing Mitigation fees will be collected.

Licenses and Permits are significantly lower than budgeted primarily due to the carryover of Vallco Town Center plan check and building inspection revenues. These revenues will continue to be carried over each year until the services are rendered, and the revenues are recognized.

Use of Money and Property is higher than budgeted because of increases in the market values of the City’s fixed-income and Section 115 Trust investment portfolios. At the end of the fiscal year, the values of the City’s investments are adjusted to reflect the year-end market value. The market value of fixed-income investment fluctuates depending on interest rates. When interest rates increase after an investment is purchased, the market value of the investment decreases. However, when interest rates decrease after an investment is purchased, the market value of the investment increases. At the time of purchase, the City intends to hold investments until maturity, so changes in market value do not affect the City’s investment principal. The gain or loss will only be realized if the City sells its investments before maturity.

Intergovernmental revenue came in lower than budgeted due to the anticipated receipt of a state grant and revenues from the Transportation Development Act (TDA) Article 3 377
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7 Program related to the city’s Bike Plan projects that are expected to be received in FY 2023-

24. Charges for Services revenues are lower than budgeted due to the carryover of Vallco Town Center engineering fees. These revenues will continue to be carried over each year until the services are rendered, and the revenues are recognized.

Fines and Forfeitures came in lower than budgeted due to fewer fines and citations than expected.

Miscellaneous revenues came in lower than budgeted due to outstanding Apple donations for 2016 Bike Plan projects. These revenues will be carried over and recognized as the projects are completed. Additionally, revenues came in lower due to an outstanding reimbursement request from the Section 115 OPEB Trust for retiree health expenses in FY 2021-22 and FY 2022-23. This trust was set up by the City in FY 2009-10 to support its Other Post-Employment Benefits (OPEB) obligations. The Section 115 OPEB Trust is solely designated for retiree health costs, and the funds can be used to pay the benefits administrator or to reimburse the City for OPEB Plan benefits and costs.

Transfers In revenues are in line with estimated amounts.

Other Financing Sources are in line with estimated amounts.

Expenditures
The City is expected to end FY 2022-23 with total expenditures of $123.3 million, which is $17.9 million lower than budgeted. This is due to various savings achieved over several expense categories, as described below.
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8 FY 2022-23 Year End Actuals versus Amended Budget by Expense Category Salaries and Benefits decreased by approximately $8.3 million, or 18%, from last year due to more full-time position vacancies.

Materials came in lower than budgeted due to savings in water service costs for various City facilities. There was also a reduction in various discontinued software applications as well as negotiated lowered costs with various software vendors. Grant expenditures for CDBG Capital/Housing projects came in under budget, as the nonprofit that was awarded funds was not able to expend its full allocation. There was also a Citywide reduction in expenses related to general supplies.

Contract Services were lower than budgeted due to savings in the Law Enforcement contract and various contracts related to Library Services, Parks and Recreation programs, and the City Attorney’s Office.

Capital Outlays and Special Projects came in lower primarily due to project completion and fixed asset cost capitalization.

Contingencies were lower than budgeted due to departments having sufficient appropriations.

The table below compares actual revenues and expenditures and the resulting changes to fund balance effective as of FY 2022-23 year-end.

Expenditure Category
Amended
Budget
Actual
Expenditures Variance ($) Variance (%)
05 - Employee compensation 31,681,411 27,014,934 (4,666,477) -15% 10 - Employee benefits 15,437,830 11,766,738 (3,671,092) -24% 15 - Materials 9,612,113 7,116,687 (2,495,426) -26%
20 - Contract services 33,161,258 29,034,987 (4,126,271) -12% 25 - Cost allocation 12,429,509 12,429,509 - 0%
30 - Capital outlays 9,044,611 9,032,056 (12,555) 0%
31 - Special projects 7,621,690 5,824,885 (1,796,805) -24% 35 - Contingencies 575,449 277 (575,172) -100%
40 - Debt services 2,675,800 2,675,800 - 0%
45 - Transfer out 16,892,977 16,835,351 (57,626) 0%
50 - Other financing uses 2,093,409 1,580,126 (513,283) -25% Total $ 141,226,057 $ 123,311,349 $ (17,914,708) -13%
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9 FY 2022-23 Year-End Estimates ($ in millions)
FY 2023-24 First Quarter Update
General Fund
The General Fund's historical revenues, expenditures, and fund balance demonstrate that amended expenditures have often exceeded amended revenues, leading to the use of fund balance. However, it was not due to a structural deficit but the transfer of excess fund balance from the General Fund to the Capital Reserve per the City's use of one-time funds policy. Due to the City's encumbrance and budget carryover process, fiscal years have generally ended with increases in fund balance.
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10 4-Year Comparison of Revenues, Expenditures, and Changes to Fund Balance ($ in millions)
Revenues
As of the first quarter, overall revenue is $12.1 million, which is $5.5 million, or 31%, lower than last year. This is primarily due to decreases in sales tax, intergovernmental, and transfers.

The following table shows the differences between General Fund revenues collected as of the first quarter in the current fiscal year and the prior fiscal year. 381
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11 Comparison of FY 2022-23 First Quarter Revenue to FY 2023-24 General Fund
Sales Tax revenue received in the first quarter was $3.9 million, or 46%, lower than last year. Sales tax revenues are received two months in arrears, so we are looking at sales tax revenues corresponding to July and August 2023 for FY 2023-24 and July to September 2022 for FY 2022-23.

Property Tax revenue is lower than last year by approximately $24,000, or 31%, due to a decrease in supplemental property tax. In 2023-24, the City’s property tax roll grew $1.411 billion, or 4.57%, year-over-year, compared to 6.65% for the county.

As of June 2023, statewide home sales volume has declined for the last 9 months, due to high interest rates and low inventory. There were 19.7% fewer home sales in June than in June 2022; 46.5% fewer than at the peak in 2021. The state median home price in June was $838,260. This is 2.4% below the median a year ago, a smaller annual decline than in recent months. 2022 sale prices impacted values on the 2023/24 tax rolls. Value changes from 2023 sales through June are trending up each month but are below 2022 levels. The median sale price of Cupertino detached single-family homes from January through August 2023 was $2,900,000, a decrease of -$32,500 (-1.1%) from 2022's median sale price.

Staff will continue to monitor all revenue categories and, as part of the Mid-Year Financial Report, make any necessary adjustments to revenue projections.

Transient Occupancy Tax (TOT) increased by approximately $59,000, or 4%, representing nominal change.

Revenue Category
First Quarter
2023
First Quarter
2024 Variance ($) Variance (%)
05 - Sales tax 8,390,499 4,528,163 (3,862,336) -46%
10 - Property tax 79,078 54,731 (24,346) -31%
15 - Transient occupancy 1,485,719 1,544,806 59,086 4%
20 - Utility tax 636,988 600,139 (36,849) -6%
25 - Franchise fees 180,066 220,813 40,747 23%
30 - Other taxes 328,349 326,683 (1,667) -1%
35 - Licenses and permits 931,463 961,174 29,710 3%
40 - Use of money and property 589,007 816,272 227,265 39% 45 - Intergovernmental revenue 1,070,673 150,961 (919,712) -86% 50 - Charges for services 2,746,279 2,830,640 84,361 3% 55 - Fines and forfeitures 41,997 23,082 (18,915) -45%
60 - Miscellaneous 292,886 40,704 (252,182) -86%
65 - Transfers in 861,140 15,000 (846,140) -98%
70 - Other financing sources - - - N/A
Total $ 17,634,146 $ 12,113,167 $ (5,520,979) -31%
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12 Utility Tax decreased by approximately $37,000, or 6%, representing nominal change.

Franchise Fees increased by approximately $41,000, or 23%, due to increased Recology fees.

Other Taxes decreased by $1,667, or 1%, representing nominal change.

Licenses and Permits increased by approximately $30,000 or 3%, representing nominal change.

Use of Money and Property increased by approximately $227,000, or 39%, due to increased investment earnings.

Intergovernmental Revenue decreased by approximately $920,000, or 86%, over the same period last year as all remaining American Rescue Plan Act revenue was recognized in FY 2022-23.

Charges for Services increased by approximately $84,000, or 3%, representing nominal change.

Fines and Forfeitures decreased by $19,000, or 45%, as August’s and September’s revenues were recorded in the second quarter of FY 2023-24.

Miscellaneous Revenue decreased by approximately $252,000, or 86%, due to an Apple donation for sheriff services that was recorded in October 2023 instead of the first quarter of FY 2023-24.

Transfers In decreased by approximately $846,000, or 98%, due to the one-time transfer of funds to General Fund departments for a 10% non-Measure B local match for the I280/Wolfe Road Interchange Improvements Project in the first quarter of FY 2022-23.

Other Financing Sources remain budgeted at zero dollars depending on the timing of refundable deposit revenues received.

Expenditures
As of the first quarter, overall expenditures are $25.6 million, which is $5.7 million, or 18%, lower than last year. This is primarily due to decreased transfers as part of an expenditure reduction strategy.

The following table shows the differences between General Fund expenditures incurred as of the first quarter in the current fiscal year and the prior fiscal year. 383
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13 Comparison of FY 2022-23 First Quarter Expenditures to FY 2023-24 General Fund
Salaries and Benefits decreased by approximately $1.5 million, or 17%, from last year due to a reduction in staffing, full-time vacancies, and part-time salary savings.

Materials have increased by approximately $69,000, or 6% from last year due to multi-year software encumbered at the beginning of FY 2023-24.

Contract Services have increased by approximately $1.1 million, or 16%, primarily due to increases in insurance premiums and the law enforcement contract with the Santa Clara County Sheriff’s Office.

Capital Outlays and Special Projects have increased by approximately $229,000 due to projects that differ in scope and timing from year to year.

Transfers Out decreased by approximately $5.5 million, or 46%, due to the reduction of transfers as an expenditure reduction strategy. Interfund transfers are the movement of cash between one or more funds. As part of the Adopted Budget process, transfers from the General Fund to other City funds serve as operating subsidies to ensure each fund has a positive fund balance at the end of the fiscal year.

Special Revenue Funds
Revenue
Special Revenue Funds revenue is tracking at $316,000, or 8%, lower than last year primarily due to decreased transfers from the General Fund.

Expenditure Category
First Quarter
2023
First Quarter
2024 Variance ($) Variance (%)
05 - Employee compensation 5,886,488 4,963,883 (922,606) -16% 10 - Employee benefits 2,654,002 2,124,850 (529,152) -20% 15 - Materials 1,249,383 1,318,427 69,044 6%
20 - Contract services 6,532,556 7,591,224 1,058,667 16% 25 - Cost allocation 2,596,490 2,564,414 (32,076) -1%
30 - Capital outlays - 282,142 282,142 N/A
31 - Special projects 353,953 301,497 (52,456) -15%
35 - Contingencies - - - N/A
45 - Transfer out 11,996,300 6,457,600 (5,538,700) -46% 50 - Other financing uses 75,186 38,225 (36,961) -49%
Total $ 31,344,358 $ 25,642,260 $ (5,702,098) -18%
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14 Comparison of FY 2022-23 and FY 2023-24 First Quarter Revenues Special Revenue Funds
Other Taxes increased by approximately $78,000, or 117%, due to the collection of park dedication fees for two residential development projects proposing new dwelling units.

Use of Money and Property increased by approximately $25,000, or 17%, due to increased interest earnings from the City’s investment portfolio.

Intergovernmental Revenue increased by approximately $46,000, or 9%, due to increased SB1 and Gas Tax revenues and a Highway Safety Improvement Program (HSIP) grant for the Homestead Road/De Anza Traffic Signal Modification project.

Charges for services increased by approximately $60,000, or 3940%, primarily due to the collection of engineering fees associated with development projects.

Fines and forfeitures have nominal change from the prior year.

Transfers In decreased by approximately $525,000, or 17%, due to decreased transfers to the Transportation Fund and capital projects.

Interfund transfers are the movement of cash between one or more funds. As part of the Adopted Budget process, transfers from the General Fund to other City funds serve as operating subsidies to ensure that each fund has a positive fund balance at the end of the fiscal year. Additionally, when Capital Improvement Program (CIP) projects are authorized by City Council, a transfer from the Capital Reserve to the appropriate fund is necessary to record the costs and activities of the project. For more information on the City’s operating and capital transfers, refer to the General Fund Contribution Schedule and General Fund Transfers in the Financial Schedules section of the FY 2023-24 Adopted Budget.

Expenditures
Special Revenue Funds expenditures are tracking at $1.8 million, or 47%, lower than last year primarily due to decreases in capital outlays.

First Quarter First Quarter
2023 2024
30 - Other taxes 67,104 145,331 78,227 117%
40 - Use of money and property 152,603 177,834 25,231 17% 45 - Intergovernmental revenue 496,593 542,614 46,020 9% 50 - Charges for services 1,514 61,181 59,667 3940%
55 - Fines and forfeitures - 156 156 N/A
65 - Transfers in 3,025,000 2,500,000 (525,000) -17%
Grand Total $ 3,742,815 $ 3,427,116 $ (315,699) -8%
Revenue Category Variance ($) Variance (%)
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15 Comparison of FY 2022-23 and FY 2023-24 First Quarter Expenditures Special Revenue Funds
Salary and Benefits decreased by approximately $137,000, or 20%, from last year due to a reduction in staffing, full-time vacancies, and part-time salary savings.

Materials increased by approximately $9,000, or 14% primarily due to an increase in special departmental expenses.

Contract Services increased by approximately $214,000, or 146%, primarily due to a street pavement maintenance project.

Cost Allocation remained relatively unchanged from the previous year.

Capital Outlays decreased by approximately $1.6 million, or 80%, primarily due to facility improvements that differ in scope and timing from year to year.

Special Projects increased by approximately $237,000, or 327%, due to timing of the annual sidewalk curb and gutter project as well as fixed asset acquisition.

Transfers Out decreased by $546,000, or 97%, primarily due to reduced transfers for capital improvement program projects.

Debt Service Funds
Revenue
Debt Service Funds revenue is similar to last year.

Comparison of FY 2022-23 and FY 2023-24 First Quarter Revenues Debt Service Funds
Expenditures
Debt Service Funds expenditures are similar to last year.

First Quarter First Quarter
2023 2024
05 - Employee compensation 466,560 378,164 (88,396) -19% 10 - Employee benefits 222,640 173,642 (48,998) -22%
15 - Materials 62,423 71,427 9,005 14%
20 - Contract services 146,404 360,866 214,463 146%
25 - Cost allocation 297,892 305,154 7,262 2%
30 - Capital outlays 1,975,377 392,497 (1,582,880) -80% 31 - Special projects 72,508 309,634 237,127 327%
45 - Transfer out 561,140 15,000 (546,140) -97%
Grand Total $ 3,804,943 $ 2,006,384 $ (1,798,559) -47%
Expenditure Category Variance ($) Variance (%) 1st Quarter 1st Quarter 2023 2024
65 - Transfers in 2,675,800 2,677,600 1,800 0%
Grand Total $ 2,675,800 $ 2,677,600 $ 1,800 0%
Revenue Category Variance ($) Variance (%)
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16 Comparison of FY 2022-23 and FY 2023-24 First Quarter Expenditures Debt Service Funds
Capital Projects Funds
Revenue
Capital Projects Funds revenue is similar to last year.

Comparison of FY 2022-23 and FY 2023-24 First Quarter Revenues Capital Projects Funds
Expenditures
Capital Projects Funds expenditures are higher than last year due to more transfers to fund capital projects.

Comparison of FY 2022-23 and FY 2023-24 First Quarter Expenditures Capital Projects Funds
Enterprise Funds
Revenue
Enterprise Funds revenue is tracking at approximately $428,000, or 18%, lower than last year primarily due to no revenue transfer to Enterprise funds from the General Fund. 1st Quarter 1st Quarter
2023 2024
40 - Debt services - - - N/A
Grand Total $ - $ - $ - N/A
Expenditure Category Variance ($) Variance (%)
1st Quarter 1st Quarter
2023 2024
45 - Intergovernmental revenue - 47,700 47,700 N/A
50 - Charges for services - - - N/A
60 - Miscellaneous 31,522 - (31,522) -100%
65 - Transfers in 3,000,000 2,918,766 (81,234) -3%
Grand Total $ 3,031,522 $ 2,966,466 $ (65,056) -2%
Revenue Category Variance ($) Variance (%)
1st Quarter 1st Quarter
2023 2024
05 - Employee compensation 2,508 - (2,508) -100%
10 - Employee benefits 1,097 - (1,097) -100%
20 - Contract services 64,153 16,483 (47,670) -74%
30 - Capital outlays 992,403 359,784 (632,619) -64%
45 - Transfer out 823,600 2,918,766 2,095,166 254%
Grand Total $ 1,883,760 $ 3,295,033 $ 1,411,273 75%
Expenditure Category Variance ($) Variance (%)
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17 Comparison of FY 2022-23 and FY 2023-24 First Quarter Revenues Enterprise Funds
Use of Money and Property decreased by approximately $8,000, or 5%, due to a decrease in field permit rentals offset by increased interest earnings from the City’s investment portfolio.

Intergovernmental Revenue decreased by $84,000 due to a grant to help meet the requirements of Senate Bill (SB) 1383, the State’s Short-Lived Climate Pollutant Reduction Strategy for FY 2022-23.

Charges for services increased by approximately $64,000, or 4%, primarily due to increased revenues from Parks and Recreation programs and classes.

Transfers In are down approximately $400,000, or 100%, due to no transfers from the General Fund.

Expenditures
Overall enterprise funds expenditures are tracking at approximately $74,000, or 4%, higher than last year primarily due to an increase in contract services and cost allocation.

Comparison of FY 2022-23 and FY 2023-24 First Quarter Expenditures Enterprise Funds
Salary and Benefits decreased by approximately $22,000, or 4%, from last year due to a reduction in full-time staffing.

Materials increased by approximately $9,000, or 12%, primarily due to increased expenditures for electricity and water.
1st Quarter 1st Quarter
2023 2024
40 - Use of money and property 165,932 157,623 (8,309) -5% 45 - Intergovernmental revenue 83,693 - (83,693) -100%
50 - Charges for services 1,739,628 1,803,704 64,076 4% 60 - Miscellaneous - - - N/A
65 - Transfers in 399,600 - (399,600) -100%
Grand Total $ 2,388,853 $ 1,961,327 $ (427,526) -18%
Revenue Category Variance ($) Variance (%)
1st Quarter 1st Quarter
2023 2024
05 - Employee compensation 433,912 430,632 (3,280) -1%
10 - Employee benefits 151,415 132,996 (18,420) -12%
15 - Materials 73,139 82,088 8,950 12%
20 - Contract services 1,018,470 1,041,944 23,474 2%
25 - Cost allocation 197,485 234,840 37,355 19%
30 - Capital outlays 342 13,995 13,653 3997%
31 - Special projects 2,742 15,556 12,814 467%
50 - Other financing uses - - - N/A
Grand Total $ 1,877,505 $ 1,952,051 $ 74,546 4%
Expenditure Category Variance ($) Variance (%)
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18 Contract Services increased by approximately $23,000, or 2%, and remained relatively unchanged from last year.

Cost Allocation increased by approximately $37,000, or 19%, primarily due to increased Human Resources and Innovation Technology CAP charges.

Capital Outlays increased by approximately $14,000, or 3997%, due to facility improvement projects that differ in scope and timing from year to year.

Special Projects increased by approximately $13,000, or 467%, due to projects that differ in scope and timing from year to year.

Internal Service Funds
Revenue
Internal Service Funds revenue is tracking at $2.2 million, or 49%, lower than last year due to a decrease in transfers.

Comparison of FY 2022-23 and FY 2023-24 First Quarter Revenues Internal Service Funds
Use of Money and Property increased by approximately $6,000, or 17%, due to increased interest earnings from the City’s investment portfolio.

Charges for Services decreased by approximately $6,000, or 1%, due to decreased other service fees.

Transfers In decreased by approximately $2.1 million, or 63%, due to decreased transfers from the General Fund.

Other Financing Sources decreased by approximately $110,000, or 100%, as Workers’ Compensation costs were not allocated to other funds, due to sufficient fund balance in the Workers’ Compensation Fund this fiscal year.
1st Quarter 1st Quarter
2023 2024
40 - Use of money and property 35,725 41,679 5,954 17%
50 - Charges for services 1,040,535 1,034,415 (6,120) -1% 60 - Miscellaneous - - - N/A
65 - Transfers in 3,419,500 1,280,000 (2,139,500) -63%
70 - Other financing sources 109,556 - (109,556) -100%
Grant Total $ 4,605,316 $ 2,356,094 $ (2,249,222) -49%
Revenue Category Variance ($) Variance (%)
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19 Expenditures
Internal Service Funds expenditures remained relatively unchanged from last year.

Increases in contract services are offset by decreased expenses in special projects and salary and benefits.

Comparison of FY 2022-23 and FY 2023-24 First Quarter Expenditures Internal Service Funds
Salary and Benefits decreased by approximately $97,000, or 9%, from last year due to a reduction in full-time staffing.

Materials decreased by approximately $28,000, or 14%, mainly due to decreases in fuel expenses and conferences and trainings offset by increases in Innovation & Technology software expenditures.

Contract Services increased by approximately $246,000, or 106%, largely due to increases in workers’ compensation insurance premiums.

Cost Allocation remains relatively unchanged from the prior year.

Special Projects decreased by approximately $121,000, or 81%, due to projects that differ in scope and timing from year to year.

Budget Adjustment Requests
As of the first quarter, departments are requesting budget adjustments to ensure they end the year within budget appropriations. The budget adjustment requests are summarized in the table below.
1st Quarter 1st Quarter
2023 2024
05 - Employee compensation 478,171 432,040 (46,131) -10% 10 - Employee benefits 553,503 502,306 (51,196) -9%
15 - Materials 201,579 173,587 (27,992) -14%
20 - Contract services 233,338 479,609 246,271 106%
25 - Cost allocation 15,511 14,406 (1,105) -7%
31 - Special projects 149,933 28,562 (121,372) -81%
35 - Contingencies - - - N/A
50 - Other financing uses - - - N/A
Grand Total $ 1,632,035 $ 1,630,510 $ (1,525) 0%
Expenditure Category Variance ($) Variance (%)
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20 Budget Adjustments by Fund
Administration
Community Outreach & Neighborhood Watch (100-12-632)
CA Volunteer N2N Grant
Funds are requested to strengthen Block Leader/Neighborhood Watch programs in the neighborhood to ensure the leaders are active and expand the coverage of active neighborhoods. Appropriations are recommended to be increased by $222,233 offset by revenue from the California Volunteers Neighbor to Neighbor Grant.

City Clerk (100-13-130) & GIS (610-35-986)
Transfer from General Fund to I&T Fund for Municipal Code Publishing Funds are requested to move to cover the required Legal Publishing of Municipal Code updates. The funds will be allocated for the procurement of Gridics, as Gridics' CodeHub is taking the place of AM Legal in the IT budget.

Disaster Preparedness (100-12-633)
Emergency Management Performance Grant
The FY 2022 Emergency Management Performance Grant (EMPG) program is one of the grant programs that constitute the Department of Homeland Security/Federal Emergency Fund Department Revenue Expenditure
Change in
Fund Balance Proposal

GENERAL FUND
100 General Fund Administration 222,233 64,405 157,828 CA Volunteer N2N Grant 100 General Fund Public Works - 10,858 (10,858) Unforeseen HVAC Repair 100 General Fund Public Works - 14,574 (14,574) Unforeseen Generator Repair 100 General Fund Public Works - 7,882 (7,882) Unforeseen Breaker Repair 100 General Fund Public Works - 14,636 (14,636) Compressor Repair 100 General Fund Public Works - 2,401 (2,401) Fire Sprinkler Repair 100 General Fund Public Works - 2,500 (2,500) 4H Rack Room Building Damage 100 General Fund Public Works - 3,631 (3,631) Ceramic Room A/C Unit Repair 100 General Fund Public Works - 8,831 (8,831) Unforeseen Panel Replacement 100 General Fund Public Works - 29,118 (29,118) IMPEC Additional Janitorial Services 100 General Fund Innovation & Technology 20,000 20,000 - Transfer from Resource Recovery Fund for ClimateNav Hub funds 100 General Fund Innovation & Technology 16,000 16,000 - Transfer from I&T Fund for Senior Center Access Controls 100 General Fund Innovation & Technology 60,000 60,000 - Transfer from I&T Fund for License Plate Readers 100 General Fund Administration 8,000 8,000 - Emergency Management Performance Grant 326,233 262,836 63,397

SPECIAL REVENUE FUNDS
230 Env Mgmt Cln Crk Strm Drain Public Works - (12,500) 12,500 Defund Permeable Pavement Rebate 270 Transportation Fund Public Works 467 467 - Transfer from CIP for Street Sign damage at Wilson Park 467 (12,033) 12,500

CAPITAL PROJECT FUNDS
420 Capital Improvement Fund Capital Projects - 467 (467) Transfer from CIP for Street Sign damage at Wilson Park TOTAL CAPITAL PROJECT FUNDS - 467 (467)

ENTERPISE FUNDS
560 Blackberry Farm Public Works - 77,000 (77,000) Utilities Adjustment 560 Blackberry Farm Public Works - 55,000 (55,000) Tree Maintenance - 132,000 (132,000)

INTERNAL SERVICE FUNDS
610 Innovation & Technology Innovation & Technology 56,000 56,000 - Transfer from General Fund for Salaries Part Time 610 Innovation & Technology Innovation & Technology 45,000 45,000 - Transfer from General Fund for LaserFiche Subscription 610 Innovation & Technology Innovation & Technology 2,500 2,500 - Transfer from General Fund for LaserFiche Conference 610 Innovation & Technology Innovation & Technology 15,900 15,900 - Transfer from General Fund for LaserFiche Consultation 610 Innovation & Technology Innovation & Technology 10,600 10,600 - Transfer from General Fund for NexSan WORM Device 610 Innovation & Technology Innovation & Technology 7,684 7,684 - Transfer from General Fund for Municipal Code Publishing 630 Vehicle/Equip Replacement Public Works - 19,187 (19,187) Install Wood Chipper Safety Shields 137,684 156,871 (19,187)
TOTAL ALL FUNDS 464,384$ $ 540,141 $ (75,757)

TOTAL GENERAL FUND

TOTAL SPECIAL REVENUE FUNDS

TOTAL ENTERPRISE FUNDS

TOTAL INTERNAL SERVICE FUNDS
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21 Management’s (DHS/FEMA) focus on all-hazards emergency preparedness. These grant programs are part of a comprehensive set of measures authorized by Congress and implemented by DHS. Among the goals noted in the DHS Strategic Plan, the EMPG program supports the goal to Strengthen Preparedness and Resilience. Appropriations are recommended to increase by $8,000 offset by revenue received from the grant.

Innovation and Technology Department
Applications (100-32-308) & Infrastructure (610-34-310) Transfer from General Fund to I&T Fund for NexSan WORM Device Request to transfer funds for department restructuring and to accurately reflect staff allocation corresponding with Laserfiche application (server infrastructure).

Applications (100-32-308) & GIS (610-35-986)
Transfer from General Fund to I&T Fund for Part-time salary, Laserfiche Conference, Consultation and Subscription
Request to transfer funds for department restructuring and to accurately reflect staff allocation corresponding with Laserfiche application.

Applications (100-32-308) & Resource Recovery (520-81-801) Transfer from Resource Recovery Fund to General Fund for ClimateNav Hub funds Request to transfer funds to fund a climate action plan greenhouse gas emissions reduction online visualization tool. The funds will be used to develop a user-friendly and highly visual Climate Action Plan 2.0 (CAP 2.0) dashboard to explain ongoing progress toward CAP goals to both City Council and the community. This visualization tool will be updatable by staff and may avoid the cost of hiring a consultant to preform separate greenhouse gas emissions inventories.

Public Works Fleet & Facilities (100-87-831)
Transfer from I&T Fund to General Fund for Senior Center Access Controls A one-time transfer of $16,000 from Infrastructure (610-34-310 750-130) to Public Works Facilities (100-87-831 750-025) is requested to install access controls on two facility entrance points at the Senior Center. This facility currently does not have any modern building access controls in place. The pilot would provide “lock down” capability when needed in an emergency. Control and remote access of management have been identified by staff as one of the concerns relating to safety. By implementing this pilot program, the City will better understand the value such a system will bring and adjust accordingly to future deployments that will replace the current access control system which is considered legacy and unsecure by the industry.

Law Enforcement (100-20-200)
Transfer from I&T Fund to General Fund for CWP License Plate Readers A transfer of $60,000 from I&T Administration (610-30-300 750-227) to Law Enforcement (100-20-200 750-227) is requested for the License Plate Recognition (LPR) pilot project. The 392
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22 project consists of installing LPR devices for the automated detection of license plates.

This data will only be for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates, and missing persons. It may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction, and stolen property recovery.

Public Works Department
Building Maintenance McClellan Ranch (100-87-832)
4H Rack Room Building Damage
Funds are requested to fix damage to the walls of the building caused by rodents.

Appropriations are recommended to be increased by $2,500.

Building Maintenance Wilson Park (100-87-834)
Ceramic Room A/C Unit Repair
Funds are requested to repair the AC unit at Wilson Park Ceramic Room. Services at the building will have to be postponed or cancelled as the ceramic kiln produces extreme heat in the room. Appropriations are recommended to be increased by $3,631.

Building Maintenance Senior Center (100-87-831)
Compressor Replacement
Funds are requested to replace the AC compressor at the Senior Center. The Senior Center is a cooling center for the residents of Cupertino. Not replacing the compressor would render the air conditioning unit unusable, resulting in unsafe conditions during high temperatures. Appropriations are recommended to be increased by $14,636.

Environmental Programs (230-81-853)
Defund Permeable Pavement Rebate
City Council defunded this initiative on June 6, 2023 and the budget is being updated to reflect the action.

Building Maintenance McClellan Ranch (100-87-832)
Fire Sprinkler Repair
Funds are requested for the repair of the fire sprinkler leak. The leak was repaired to stop water leaking, which was causing increases in utility bills and the inability to use the space. Appropriations are recommended to be increased by $2,401.

Building Maintenance City Hall, Quinlan Center & Senior Center (100-87-827, 100-87-830, 100- 87-831)
IMPEC Additional Janitorial Services
The custodial contract was reduced as part of the FY 2023-24 budget reductions. In adjusting to the reduced services, the contractor is not able to completely service city facilities on the reduced schedule. Funds are requested to provide additional contract staff to complete the minimum level of scheduled cleaning services. Appropriations are recommended to be increased by $29,118.
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23 Equipment Maintenance (630-85-849)
Install Wood Chipper Safety Shields
Funds are requested to install safety shields on the wood chipper. This provides additional safety measures to wood chipper operation and reduces the chance of injury or accident. This modification to equipment was recommended by the City’s safety consultant. Appropriations are recommended to be increased by $19,187.

Street Sign Marking (270-85-822) & Full-Sized Outdoor Basketball Court (420-99-252) Transfer from CIP to Special Revenue for Street Sign damage at Wilson Park Funds are requested to repair the street sign that was damaged during the Wilson Park Basketball Court CIP project. Appropriations are recommended to be increased by $467.

Building Maintenance Service Center (100-87-829)
Unforeseen Breaker Repair
Funds are requested to replace the breaker, which feeds power into the Fleet shop. The breaker is constantly tripping at least two times a day every day during the week. It is also warm to the touch, which is a safety concern. Replacing this breaker will eliminate safety concerns and daily work interruptions. Appropriations are recommended to be increased by $7,882.

Building Maintenance City Hall (100-87-827)
Unforeseen Generator Repair
Funds are requested to repair the generator at City Hall. During a preventive inspection, a mechanical failure of the generator water pump was found, resulting in the generator needing to be taken out of service. The needed repairs will allow the generator to return to service to provide emergency power to City Hall and the Emergency Operations Center (EOC). Appropriations are recommended to be increased by $14,574.

Building Maintenance City Hall (100-87-827)
Unforeseen HVAC Repair
Funds are requested to repair the HVAC system at City Hall. Repairs will allow the HVAC system to be functional and the building to be occupied during hot temperatures.

Appropriations are recommended to be increased by $10,858.

Building Maintenance Quinlan Center (100-87-830)
Unforeseen Panel Replacement
Funds are requested to replace the panel at Quinlan Community Center. Testing by Sedgwick, the City’s Risk Management Consultant, showed that critical replacement is needed. Appropriations are recommended to be increased by $8,831. 394
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24 Blackberry Farm Golf Course (560-84-268)
Utilities Adjustments & Tree Maintenance
Funds are requested to establish a base budget in the Grounds Division for Blackberry Farm Golf Course Grounds maintenance. These expenses, formerly budgeted in Parks and Recreation, are now being budgeted in the Grounds Division. The request is for tree maintenance, fence repair, and water service. Due to the timing of this budget modification, this expense was not included in the FY 2023-24 Public Works base budget.

Appropriations are recommended to be increased by $132,000.

Fund Balance
The General Fund ended FY 2021-22 with total fund balance of $110.2 million. Staff anticipates the General Fund will end FY 2022-23 with $139.3 million in fund balance, an increase of $29.1 million from the prior year due to FY 2022-23 ending with revenues higher than expenditures. As of the first quarter, staff anticipates the General Fund will end FY 2023-24 with $135.4 million in fund balance.

General Fund Classification of Fund Balance (in millions) Though outside the scope of the first quarter, it is important to note that on October 10, 2023, the City established a committed Sales Tax Repayment Reserve with an initial allocation of $56.5 million. This reserve is designed to address a potential adverse CDTFA decision and the uncertain outcome of the anticipated legal challenge. Committed fund balance, as described on page 165 of the FY 2023-24 Adopted Budget, “includes amounts that can only be used for the specific purposes determined by formal action of the City’s highest level of decision-making authority, the City Council. Commitments may be changed or lifted only by the City taking the same formal action (resolution) that imposed the constraint originally.”
The reserve was funded as follows:
 $40.5 million from General Fund Unassigned fund balance.  $10.0 million from the General Fund Committed Capital Projects Reserve.  $6.0 million from the General Fund Committed Economic Uncertainty Reserve.

The reserve affects the first quarter year-end projections outlined above by decreasing unassigned fund balance to $36.5 million and increasing committed fund balance to $74.6 Classification
Actual
2021-22
Year End
Projection
2022-23
Adopted Budget
2023-24
1st Quarter Year
End Projection
2023-24
Non Spendable $ 0.4 $ 0.4 $ 0.4 $ 0.4
Restricted 18.8 18.8 18.8 18.8
Committed 34.1 34.1 34.1 34.1
Assigned 5.0 5.0 7.0 5.0
Unassigned 51.8 80.9 44.1 77.0
TOTAL FUND BALANCE $ 110.2 $ 139.3 $ 104.4 $ 135.4
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25 million. This will be discussed further and included in year-end fund balance projections at mid-year.

Approximately $10.7 million of unassigned fund balance is attributed to Vallco Town Center plan check and building inspection revenues that were carried over. These revenues will continue to be carried over each year until the services are rendered, and the revenues are recognized.

The City provides a quarterly Treasurer’s Investment Report focusing on the City’s economy, cash flow, and investments. The report separates the City’s total cash and investment balances into six fund categories: General Fund, Capital Projects, Special Revenue, Debt Service, Enterprise, and Internal Services, with the first two funds being the most discretionary. Factoring for approved reserves, the following chart outlines how the General Fund and Capital Projects total cash as of the September 30, 2023, report is restricted or available to fund future day-to-day operations:

Cash Balances by Fund Type
Fund Type
General Fund
Unavailable - Operating Reserve* 33,608,388
Unavailable - Tax Repayment Reserve 56,500,000
Unavailable - Section 115 Trust 18,475,216
Unavailable - Deposits/Liabilities 13,426,388
Available Cash 9,434,903
Total General Fund 131,444,895
Capital Projects
Unavailable - Existing Capital Projects** 24,889,056
Unavailable - Capital Reserve 5,000,000
Unavailable - Stevens Creek Corridor Park 154,692
Available Cash 7,934,451
Total Capital Projects 37,978,199

RESTRICTED USES
Special Revenue Funds 42,765,040
Debt Service Funds 2,684,450
Enterprise Funds 11,155,667
Internal Service Funds 8,580,528
Total Cash and Investments 234,608,779
* Accounts payable transactions (from 2023.04 to 2023.09) do not include transfers to other funds ** Capital projects are net of anticipated revenues
Quarter Ending September 30, 2023
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26 To date, the City’s outside auditors have not completed their review of the City’s financials. Revenue, expenditure, and fund balance totals listed in this report are preliminary and subject to change after a full review by the City’s auditors. City Staff does not anticipate many, if any, changes from the auditors.

Per the City’s Fund Balance Policy, unassigned fund balance over $500,000 is to be used in the following order to replenish committed/restricted fund balances with any remaining balances to be placed in the Capital Reserve:

1. Economic Uncertainty Reserve

2. Sales Tax Repayment Reserve

3. CalPERS Reserve (Section 115 Pension Trust)

4. Sustainability Reserve

5. Unassigned
As of the first quarter, all priority areas are fully funded.

Staffing
As part of the FY 2023-24 Adopted Budget, City Council approved 212 FTEs. As of the first quarter, City staff is recommending establishing two new position classifications.

Existing positions will be reclassified to the new classifications, ensuring no net increase in the number of positions.

Reclassification of the Senior Housing Planner
The Community Development Department is requesting the reclassification of one existing full-time Senior Housing Planner position to one newly created Senior Housing Coordinator classification. The new housing classification will be a specialized, professional position that is distinctive and separate from the planner classification and series. The position will effectively coordinate with City staff, non-profits, developers, regional agencies, and consultants to achieve high quality housing projects and programs in a timely and efficient manner that is responsive to the public. In addition, this position performs work in the analysis, planning, and coordination of housing and grant programs, coordinates the City’s Below Market Mate (BMR) Affordable Housing Program, assists with housing strategies, including preservation of the City’s housing portfolio, assist with the City’s homelessness prevention efforts, and manages the City’s Housing and Human Services Grants Program, including the Community Development Block Grant (CDBG) Program. Reclassifying the existing position would be (1) consistent with industry standards for the housing planner professional field, (2) comparable with the City’s existing senior planner classification without any net impact to the budget, (3) maintain a competitive level for employee retention and any future recruitments.

Additional information can be found in the attached position description. This reclassification will not have a fiscal impact in the current fiscal year, FY 2023- 24, as it will 397
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27 be aligned to Senior Planner for salary purposes. In FY 2023-24, the salary and benefits for the position are expected to be approximately $212,635.

Reclassification of the Communications Officer
The City Manager’s Office is requesting to reclassify the existing Communications Officer full-time classification to a newly created Communications and Marketing Coordinator classification. This new classification will serve to enhance department operations, more effectively address the City’s immediate communication needs, and also result in cost savings for the City. Additional information can be found in the attached position description. This reclassification will result in a positive fiscal impact in the current fiscal year, FY 2023- 24, as it will be aligned to Senior Management Analyst for salary purposes, which is a lower-paid classification in the Unrepresented Employees’ Compensation Program. This will result in savings of approximately $41,000. In FY 2023-24, the salary and benefits for the position are expected to be approximately $215,612.

City Manager Discretionary Fund
In the FY 2023-24 Adopted Budget, City Council approved $50,000 in funding for the City Manager Discretionary Fund. The quarterly financial reports will detail the City Manager’s use of the discretionary fund and may include recommendations to replenish depending on the extent and nature of use. As of September 30, 2023, no funds have been spent.

Special Projects
The quarterly financial reports provide a status update on special projects, including the budget, amount spent, and estimated completion date. See Attachment F for FY 2022-23 special projects as of year-end and Attachment G for FY 2023-24 special projects as of September 30, 2023.

Grants
The City entered into a contract with California Consulting in February 2019 to identify and apply for State and Federal grants on behalf of the City. The contract originated in Public Works and was transferred to Administrative Services in the amount of $75,509 in FY 2022-23. The goals of this pilot program were to centralize the grant function and to maximize grant opportunities. However, as part of a Citywide budget reduction strategy, the contract with California Consulting ended on June 30, 2023. With the elimination of this contract, departments are now responsible for identifying and applying for grants.

Staff will continue to provide additional updates on the status of grants as part of the quarterly financial reports. During FY 2021-22, FY 2022-23, and FY 2023-24, the City applied for 22 competitive grants totaling $33.4 million. To this date, the City has been awarded $21.5 million. Furthermore, during FY 2018-19, 2019-20, and 2020-21, the City applied for 10 additional grants totaling $10.2 million. Of these 10 grants, the City has been awarded $9.2 million. Also, during FY 2021-22 and 2022-23, the City applied for 16 non-competitive grants totaling $4.1 million.
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28 See Attachment H for further details on grants applied, pending, awarded, and not awarded.

Capital Improvement Program
The quarterly financial reports provide a status update on Capital Improvement Program (CIP) projects. See Attachment I for more information.

FY 2023-24 City Work Program Update
On April 4, 2023, the City Council adopted the FY 2023-2025 City Work Program, which included a total of 24 projects. As part of the City’s budget reduction strategy, the City Council approved funding for 15 of the 24 projects for FY 2023-2024. The remaining nine projects will be considered for funding in early 2024. Attachment J includes updates for all funded projects in FY 2023-2024. These updates can also be viewed on the City Work Program dashboard at cupertino.org/cityworkprogram. The City will be reevaluating all projects in February 2024 in anticipation of further Citywide budget reductions.

Potential Service Level Reductions for FY 2024-25
Several potential FY 2024-25 budget reductions require discussion in advance of the budget process as the timing associated with the planning and implementation require advance commitments. These are identified here for Council consideration and direction:
4 th of July Event
Staff is seeking City Council direction for the Cupertino Parks and Recreation July 4 event due to the planning and costs associated. Planning for this event begins in January 2024, therefore, staff needs direction before the new fiscal year budget is approved. The July 4 event, in total, costs $145,000, including overtime staffing due to the event being on a City holiday. Due to the City’s budgetary constraints, staff is recommending the event be defunded.

Community Funding Grant Program
The Community Funding Grant Program application period opens on January 1, 2024.

Applications are then presented to the Parks and Recreation Commission in March and April. A recommendation is brought to City Council at their Budget Study Session and finalized with that year’s adopted budget. The current funding range tops out at $90,000.

Due to the City’s budgetary constraints and timeline for this program, staff is seeking direction from City Council on program continuation.

Annual Weed Abatement Subsidy
In November 2020, the City Council allocated funds annually to the Weed Abatement Program to subsidize the inspection of some properties in the program. Properties given 399
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29 a notice to comply with the program continue in the program for three years to ensure continued compliance. The property incurs a re-inspection fee in years two and three.

Council direction has been for the subsidy to cover that fee for years two and three if the property comes into compliance after the first year. Although the subsidy amount varies, the program is funded at $8,046 per year. If approved, these fees would be recovered from property owners in the future.

Sustainability Impact
No sustainability impact.

Fiscal Impact
The First Quarter Financial Report shows the City is positioned as anticipated. City staff recommends adjustments of $540,141 in new appropriations, funded by $464,384 in revenues and $75,757 in one-time fund balance.

California Environmental Quality Act
Not applicable.

Prepared by: Thomas Leung, Budget Manager
Reviewed by: Kristina Alfaro, Director of Administrative Services Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – FY 2023-24 First Quarter Financial Report
B – Draft Resolution
C – Description of Carryovers and Adjustments through September 30, 2023 D – Description of Budget Transfers through September 30, 2023 E – FY 2023-24 First Quarter Recommended Budget Adjustments F – FY 2022-23 Special Projects Update
G – FY 2023-24 First Quarter Special Projects Update
H – Competitive and Non-Competitive Citywide Grants
I – Capital Improvement Program Project Status
J – FY 2023-24 City Work Program First Quarter Update
K – Senior Housing Coordinator Position Description
L – Communications and Marketing Coordinator Position Description M – DRAFT Resolution Amending the Cupertino Employees’ Association/IFPTE Local 21 Classification Plan and Salary Schedule
N – DRAFT Resolution Amending the Unrepresented Employees’ Compensation Program
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This Financial Report is interactive. Click on a chart to learn more.

Background
On June 6, 2023, the City Council adopted the Fiscal Year (FY) 2023-24 Adopted Budget, a $121.8 million spending plan funded by $110.2 million in revenue and $11.6 million in fund balance. The FY 2023-24 Adopted Budget reflected a $4.0 million increase from the FY 2023-24 Proposed Budget, mainly due to the Capital Improvement Program. As a result of budget adjustments, encumbrances, and carryovers, the amended budget at the end of the first quarter is $204.7 million.

Amended Budget
2023-24 Adopted Budget2023-24 Amended Budget Q1
Fiscal Year

0.0 100.0M
200.0M

50.0M
150.0M
Dollars
Public Works
Community Development
Capital Projects
Law Enforcement
Parks and Recreation
Non Departmental
Administrative Services
Innovation & Technology
Administration
Council and Commissions
Flow of Funds Chart (in Millions)

CITY OF CUPERTINO
FY 2023-24 First Quarter Financial Report
The following is the First Quarter Financial Report, submitted by the Administrative Services Department for the period of July 1, 2023 to September 30, 2023 for Fiscal Year (FY) 2023-24. It has been prepared to inform the City Council, City leadership and the public of the City’s fiscal status. 401
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General Fund Revenues, Expenditures, and Fund Balance
To date the City’s financial statement audit has yet to be issued and revenue, expenditure, and fund balance totals listed in this report are preliminary and subject to change after a full review by the City’s auditors. City staff does not anticipate many if any changes from the auditors. -$13,529,092.80
Revenues Less Expenses in Sep 2023
-$14M
-$12M
-$10M
-$8M
-$6M
-$4M
-$2M
$0
Sep 2020 Sep 2021 Sep 2022 Sep 2023
$29,163,659.20
Revenues Less Expenses in Jun 2023
$0
$5M
$10M
$15M
$20M
$25M
$30M
Jun 2021 Jun 2022 Jun 2023
General Fund Revenues vs Expenditures First Quarter General Fund Revenues vs Expenses Year End 402
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September
2020-21 Actual
2020-21 Amended Budget Q1June
2021-22 Actual
September
2022-23 Actual
2022-23 Amended Budget Q12023-24 Amended Budge Q1
Fiscal Year

0.0 100.0M

25.0M

50.0M

75.0M
125.0M
Dollars
Revenues
Expenses
General Fund Revenue and Expenditure Trends
As of September 30, 2023, General Fund revenues are at $12.1 million, which is 11% of budgeted revenue.

Revenues at the first quarter point of the prior three years were between 13% and 18% of budgeted revenues, placing this year slightly below the range. Staff will continue to monitor its leading revenue sources as the year progresses.

General Fund expenditures are $25.6 million, which is 21% of budgeted appropriations. Expenditures at the first quarter point of the prior three years ranged between 23% and 27% of budgeted appropriations which places current first quarter actuals within the range.

General Fund Revenues - First Quarter vs Budget
Data Updated Nov 14, 2023, 1:05 PM
9/2020 9/2021 9/2022 9/2023

10.74% In Revenues of $112,763,401.00 Budgeted through Sep 2023 General Fund Expenses - First Quarter vs Budget
Data Updated Nov 14, 2023, 1:05 PM
9/2020 9/2021 9/2022 9/2023

21.06% In Expenses of $121,777,754.00 Budgeted through Sep 2023 As of the first quarter, overall revenue is $12.1 million, which is $5.5 million, or 31%, lower than the same time last year. This is primarily due to decreases in sales tax, intergovernmental, and transfers in.

As of first quarter, overall expenditures are $25.6 million, which is $5.7 million, or 18%, lower than the same time last year. This is primarily due to decreases in transfers as part of an expenditure reduction strategy. 403
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$12,113,167.19
Revenues in Sep 2023
$0
$20M
$40M
$60M
$80M
$100M
$120M
Sep 2020 Sep 2021 Sep 2022 Sep 2023
$25,642,259.99
Expenses in Sep 2023
$0
$20M
$40M
$60M
$80M
$100M
Sep 2020 Sep 2021 Sep 2022 Sep 2023
$12,113,167.19
Revenues in Sep 2023
Sales Tax
Charges for ...

Other
Use of Money
Licenses and...

Transient Oc...
$25,642,259.99
Expenses in Sep 2023
Contract Ser...

Transfers Ou...

Other
Employee Ben...

Cost Allocat...

Employee Com...

General Fund Classification of Fund Balance
The City’s General Fund ended FY 2021-22 with $110.2 million in total fund balance. Staff anticipates the General Fund will end FY 2022-23 with $139.3 million in fund balance, an increase of $29.1 million from the prior year due to FY 2022-23 ending with revenues higher than expenditures. As of the first quarter, staff anticipates the General Fund will end FY 2023-24 with $135.4 million in fund balance.

To date, the City’s outside auditors have not completed their review of the City’s financials. Revenue, expenditure, and fund balance totals listed in this report are preliminary and subject to change after a full review by the City’s auditors. City Staff does not anticipate many, if any, changes from the auditors.

General Fund Revenues - First Quarter vs Year End General Fund Expenses - First Quarter vs Year End General Fund Revenues by Type General Fund Expenses by Type 404
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Recommended Adjustments
As of the first quarter, Departments are requesting budget adjustments to ensure they end the year within budget appropriations. The recommended adjustments are summarized in the table below:

Summary
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The First Quarter Financial Report shows the City is positioned as anticipated. City staff recommends adjustments of $540,141 in new appropriations, funded by $464,384 in revenues and $75,757 in one-time fund balance.

City of Cupertino, California
Cupertino City Hall
10300 Torre Avenue
Cupertino, CA 95014-3202
View the City Council Meeting Agenda
View the City's Budgets
View the City's Financial Transparency Portal
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Attachment B
RESOLUTION NO. 23-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING THE OPERATING BUDGET FOR FISCAL YEAR 2023-24 BY

APPROPRIATING, TRANSFERRING, AND UNAPPROPRIATINGMONIES

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

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

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21th day of November 2023, by the following vote:

Vote Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
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Attachment B
Exhibit A
Appropriation
Amendment by Fund
Appropriation
Amendment
Revenue
Amendment
Fund Balance
(Use of)
General Fund $262,836 $326,233 $63,397
Special Revenue Funds $(12,033) $467 $12,500
Capital Projects Funds $467 $- $(467)
Enterprise Funds $132,000 $- $(132,000)
Internal Service Funds $156,871 $137,684 $(19,187)
Total Appropriation
Amendment All Funds $540,141 $464,384 $(75,757)
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Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers as of September 30, 2023
Attachment C
Budget Adjustment Type Fund Description Amount

BUDGET CARRYOVERS
Budget Carryover 100 General Fund $14,000 for media training $5,400 for City logo revamp 19,400 Budget Carryover 100 General Fund $80,000 for community survey 80,000 Budget Carryover 100 General Fund 4H Fence replacement 30,000 Budget Carryover 100 General Fund 4H roof/gutter, Milk Barn repainting 36,347 Budget Carryover 100 General Fund AC2 Traffic Monitoring 77,340 Budget Carryover 100 General Fund Adaptive Traffic Signaling - Projects in progress 5,970 Budget Carryover 100 General Fund ad-hoc Council meeting expenses 11,425 Budget Carryover 100 General Fund AV Social Room,Sports Center,Cupertino Room 33,571 Budget Carryover 100 General Fund Backflow Prevention Device Repl - on backorder 4,000 Budget Carryover 100 General Fund Backwater valve replacement - project in progress 13,596 Budget Carryover 100 General Fund Bench replacements 29,442 Budget Carryover 100 General Fund Bridge tread repair McClellan 70,000 Budget Carryover 100 General Fund CAP Vision Summary Doc 10,000 Budget Carryover 100 General Fund CAPIO conference (2 people) 2,400 Budget Carryover 100 General Fund City Facility reconfiguration/remodels/return to work 127,404 Budget Carryover 100 General Fund City Work Plan for Homeless Jobs Program - ongoing 40,040 Budget Carryover 100 General Fund Commission meeting meals per council policy 1,750 Budget Carryover 100 General Fund Conf room carpet replacement - project in progress 25,000 Budget Carryover 100 General Fund Council phone service 3,000 Budget Carryover 100 General Fund Crowe successor auditor prep and reproduction 700 Budget Carryover 100 General Fund CSTI and Bay Area UASI 24,600 Budget Carryover 100 General Fund CWP Electrification Study 50,000 Budget Carryover 100 General Fund CWP Revisit 5G 250,000 Budget Carryover 100 General Fund Deferred education due to Covid school closures 60,700 Budget Carryover 100 General Fund Deferred training due to Covid 9,913 Budget Carryover 100 General Fund Don Burnett Bridge inspection/median repairs 161,553 Budget Carryover 100 General Fund Dry rot maint retreat center - project in progress 25,000 Budget Carryover 100 General Fund Economic Development Strategy 20,000 Budget Carryover 100 General Fund Electric Cooking 6,400 Budget Carryover 100 General Fund Emergency preparedness outreach materials 2,500 Budget Carryover 100 General Fund Employee Commute Program 2,586 Budget Carryover 100 General Fund Energy Mgmt System Upgrades - project in progress 105,675 Budget Carryover 100 General Fund EOC System Electrical Upgrades - project in progress 25,000 Budget Carryover 100 General Fund ERP evaluation training and webinar workshops 16,896 Budget Carryover 100 General Fund ERP Implementation. Adjunct Staffing 720,673 Budget Carryover 100 General Fund Fee Study special project ongoing 70,800 Budget Carryover 100 General Fund Fence replacementMR in parking lot and path repairs 13,483 Budget Carryover 100 General Fund General Plan special project - ongoing 239,805 Budget Carryover 100 General Fund General supply purchases - supply chain delay 11,641 Budget Carryover 100 General Fund Glass replacement - project in progress 20,183 409
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Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers as of September 30, 2023
Attachment C
Budget Adjustment Type Fund Description Amount
Budget Carryover 100 General Fund Grassroots Ecology contract 23,240 Budget Carryover 100 General Fund Greenhouse Gas emission, Climate Corps fellow 27,000 Budget Carryover 100 General Fund Homeland Security Conf,CESA, Naval Postgrad School APEX 3,240 Budget Carryover 100 General Fund Housing Element Update - ongoing 108,189 Budget Carryover 100 General Fund I-280 Wolfe Improvement - project in progress 800,199 Budget Carryover 100 General Fund Irrigation Controller Settlement 103,785 Budget Carryover 100 General Fund Library HVAC ventilation maint & repair 42,800 Budget Carryover 100 General Fund Marina application under review - ongoing 23,317 Budget Carryover 100 General Fund M-Group contract 50,000 Budget Carryover 100 General Fund Moss Adams Enterprise Leadership Study 10,175 Budget Carryover 100 General Fund MRC Rise 6,323
Budget Carryover 100 General Fund Muni Code update - ongoing 25,000 Budget Carryover 100 General Fund new PT Business Systems Analyst position 45,162 Budget Carryover 100 General Fund New staff ergo evals and office equipment 3,028 Budget Carryover 100 General Fund New staff memberships and dues 3,830 Budget Carryover 100 General Fund New staff,deferred training due to pandemic 3,411 Budget Carryover 100 General Fund New staff; defered training due to pandemic 9,171 Budget Carryover 100 General Fund New staff; deferred training due to pandemic 15,116 Budget Carryover 100 General Fund Performance Management App HR portal of ERP 32,000 Budget Carryover 100 General Fund Playground chip - purchase/work in progress 17,824 Budget Carryover 100 General Fund Portal Park concrete replacement 25,000 Budget Carryover 100 General Fund PR Strategy contract being finalized in FY24. 15,000 Budget Carryover 100 General Fund PR Strategy special project 160,000 Budget Carryover 100 General Fund purchase reusable banners for SCB 7,975 Budget Carryover 100 General Fund PW Scanning - Project in progress 28,226 Budget Carryover 100 General Fund Redesign of City Website. Adjunct Staffing 104,396 Budget Carryover 100 General Fund Regional Emergency Operations 500,000 Budget Carryover 100 General Fund Residential Mixed Used - ongoing 48,999 Budget Carryover 100 General Fund SC Corridor Vision Study - Work Plan Item 154,079 Budget Carryover 100 General Fund Senior Strategy CWP item is ongoing 41,378 Budget Carryover 100 General Fund Service Center Security project in progress 5,388 Budget Carryover 100 General Fund Shade structure replacement 65,630 Budget Carryover 100 General Fund Small to Medium Business Resiliency 500,000 Budget Carryover 100 General Fund Solar Battery Chargers for potential generator replacements 8,400 Budget Carryover 100 General Fund Special project - CWP Bicycle facilities 50,000 Budget Carryover 100 General Fund Special Projects LOS to VMT Standards 130,000 Budget Carryover 100 General Fund Special ProjectsMunicipal Water System 22,677 Budget Carryover 100 General Fund Staff augmentation delayed recruitement-Torres Engineering 82,806 Budget Carryover 100 General Fund Stay Active Fund used for Senior members 40,888 Budget Carryover 100 General Fund Sustainable Infrastructure Audit 10,000 Budget Carryover 100 General Fund The Hamptons developer agreement expires 2025 108,640 410
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Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers as of September 30, 2023
Attachment C
Budget Adjustment Type Fund Description Amount
Budget Carryover 100 General Fund Tree and concrete work in progress 6,657 Budget Carryover 100 General Fund Trees and Badges - projects in progress 1,263 Budget Carryover 100 General Fund Trench work - special project in progress 40,000 Budget Carryover 100 General Fund Turf supplies not received until FY24 35,512 Budget Carryover 100 General Fund Vallco Town Center - ongoing 188,680 Budget Carryover 100 General Fund Vallco Town Center building inspections - ongoing 5,406,634 Budget Carryover 100 General Fund Vallco Town Center plan review - ongoing 13,500,000 Budget Carryover 100 General Fund VIA Community Shuttle Pilot Program Work Plan Item 10,574 Budget Carryover 100 General Fund VTA CMP Member Agency Fees; invoice pending 73,374 Budget Carryover 100 General Fund VTC-Project in progress 766,777 Budget Carryover 100 General Fund Zoom Room Improvements 40,316 TOTAL GENERAL FUNDS 25,990,872
Budget Carryover 210 Storm Drain Improvement Pumpkin/Fiesta Storm Drain Ph 1 & 2 249,346 Budget Carryover 230 Env Mgmt Cln Crk Strm Drain New staff; defered training due to pandemic 3,077 Budget Carryover 230 Env Mgmt Cln Crk Strm Drain Outfall repairs-unpurchased compost,recology payment 133,791 Budget Carryover 230 Env Mgmt Cln Crk Strm Drain Outstanding payment for school busing,APN fee audit 39,328 Budget Carryover 265 BMR Housing City Work plan for low income 234,722 Budget Carryover 265 BMR Housing City Work Plan for Support for Unhoused - ongoing 50,000 Budget Carryover 270 Transportation Fund 1 additional gateway sign 25,859 Budget Carryover 270 Transportation Fund Annual asphalt project-work in progress 3,542,503 Budget Carryover 270 Transportation Fund Annual SW Curb & Gutter project in progress 257,294 Budget Carryover 270 Transportation Fund Bridge Rehab Minor 492,082 Budget Carryover 270 Transportation Fund Homestead/De Anza Signal Upgrade 98,132 Budget Carryover 270 Transportation Fund Orange & Byrne Sidewalk Improvements 399,990 Budget Carryover 270 Transportation Fund Ph 1 & Ph 2 Pavement digouts, crack seal & fog seal 561,043 Budget Carryover 270 Transportation Fund SBI Funds-work scheduled - project in progress 818,959 Budget Carryover 270 Transportation Fund Sidewalk inspections in progress 62,774 Budget Carryover 270 Transportation Fund Sign survey - project in progress 73,491 Budget Carryover 280 Park Dedication Granite Rock PO 2022-540 (74,751) Budget Carryover 280 Park Dedication Lawrence-Mitty Park 5,940,908 Budget Carryover 280 Park Dedication Memorial Park Pond Repurposing 1,140,478 Budget Carryover 280 Park Dedication MRP Community Garden Improvements 32,900 TOTAL SPECIAL REVENUE FUNDS 14,081,926
Budget Carryover 420 Capital Improvement Fund ADA Improvements, multi-year 120,166 Budget Carryover 420 Capital Improvement Fund BBF Pool Improvements 710,704 Budget Carryover 420 Capital Improvement Fund Bike Plan Implementation 8,649,892 Budget Carryover 420 Capital Improvement Fund California Commercial Fence PO 2021-514 (72,335) Budget Carryover 420 Capital Improvement Fund Carmen Road Bridge Right-of-Way 72,700 Budget Carryover 420 Capital Improvement Fund City Hall & Community Hall Improvements 454,037 411
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Attachment C
Budget Adjustment Type Fund Description Amount
Budget Carryover 420 Capital Improvement Fund City Hall Annex (formerly10455 Torre Ave) Improv 1,901,522 Budget Carryover 420 Capital Improvement Fund City Lighting LED Transition Assessment 1,334,310 Budget Carryover 420 Capital Improvement Fund Citywide Community Garden - project scheduled 34,795 Budget Carryover 420 Capital Improvement Fund CW Bldg Condition Assess Impl 510,787 Budget Carryover 420 Capital Improvement Fund De Anza Blvd Buffered Bike Lanes 524,947 Budget Carryover 420 Capital Improvement Fund EV Parking Expansion - project in progress 208,000 Budget Carryover 420 Capital Improvement Fund Full-size Outdoor Basketball Court 29,493 Budget Carryover 420 Capital Improvement Fund G. Bortolotto PO 2023-204 (2,728) Budget Carryover 420 Capital Improvement Fund Guerra 3, 2022-11 Wilson Park Basketball Ct (97,225) Budget Carryover 420 Capital Improvement Fund Guerra Construction Group PO 2023-367 (18,086) Budget Carryover 420 Capital Improvement Fund Inclusive Play Area Planning 4,315,954 Budget Carryover 420 Capital Improvement Fund Library Expansion - project in progress 396,144 Budget Carryover 420 Capital Improvement Fund Mary Ave Protected Bikeway 49,000 Budget Carryover 420 Capital Improvement Fund McClellan Ranch Parking Lot Impro enviro monitoring 59,037 Budget Carryover 420 Capital Improvement Fund Memorial Park Specific Plan - project in progress 134,274 Budget Carryover 420 Capital Improvement Fund MR Community Garden Improv 1,099 Budget Carryover 420 Capital Improvement Fund Playground Equipment (Creekside & Varian) 602,810 Budget Carryover 420 Capital Improvement Fund Pub Bldg Solar Service Center 18,571 Budget Carryover 420 Capital Improvement Fund Regnart Road Improvements 736,500 Budget Carryover 420 Capital Improvement Fund SCB/Bandley Signal & Median Imps (PM-Stillman) 142,208 Budget Carryover 420 Capital Improvement Fund School Walk Audit Implementation 939,405 Budget Carryover 420 Capital Improvement Fund SLTG/280 Ped Bridge Lighting - (dev in lieu) 46,449 Budget Carryover 420 Capital Improvement Fund St Light Install - Annual Infill - multi-year 74,838 Budget Carryover 420 Capital Improvement Fund St Light Replacement CW (labor) (PM-Alexander) 99,330 Budget Carryover 420 Capital Improvement Fund Stelling/Alves Crosswalk Install 54,039 Budget Carryover 420 Capital Improvement Fund Stevens Crk Bank Repair Concept 30,216 Budget Carryover 420 Capital Improvement Fund Tree Inventory Stevens Creek Corridor 10,840 Budget Carryover 420 Capital Improvement Fund TYMAN Construction PO 2023-374 (9,537) Budget Carryover 420 Capital Improvement Fund Various Park Amenities - project in progress 471,221 TOTAL CAPITAL PROJECT FUNDS 22,533,377
Budget Carryover 520 Resource Recovery Calrecyle billing cycle delay 15,216 Budget Carryover 520 Resource Recovery New Landfill Agreement/Solid Waste 223,859 Budget Carryover 520 Resource Recovery SB1383 Procurement Requirements 44,640 Budget Carryover 520 Resource Recovery Single use Plastics Special project 3,986 Budget Carryover 560 Blackberry Farm BBF Golf Course recent fence repair 5,000 Budget Carryover 560 Blackberry Farm BBF Golf Renovation/Alt Use 270 Budget Carryover 570 Sports Center Door refinishing - project in progress 10,775 Budget Carryover 570 Sports Center HVAC Maint & Repair Special Projects in progress 23,705 Budget Carryover 570 Sports Center replacement windscreens for the Tennis Courts 72,853 Budget Carryover 570 Sports Center Sport Center Community Needs Analysis 25,000 412
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Attachment C
Budget Adjustment Type Fund Description Amount
Budget Carryover 570 Sports Center Unforeseen purchase of umbrellas for Sports Center 1,700 Budget Carryover 580 Recreation Program Quinlan Sustainable Infrastructure 181,329 TOTAL ENTERPRISE FUNDS 608,333
Budget Carryover 610 Innovation & Technology ActiveNet Additional Readers 6,666 Budget Carryover 610 Innovation & Technology Business Automation platform additional support 30,000 Budget Carryover 610 Innovation & Technology CH Ent Server & Storage Tech Ref 140,000 Budget Carryover 610 Innovation & Technology City Hall Enterprise Server & Storage Tech refresh 275,639 Budget Carryover 610 Innovation & Technology CWP Cybersecurity Public Education 7,500 Budget Carryover 610 Innovation & Technology CWP License Plate Readers 60,000 Budget Carryover 610 Innovation & Technology LaserFiche Scanning 21,550 Budget Carryover 610 Innovation & Technology PT GIS Tech reclassification and transfer of Web Specialist 24,848 Budget Carryover 610 Innovation & Technology Security Framework and Audit 60,000 Budget Carryover 610 Innovation & Technology Senior Center Access Controls 16,000 Budget Carryover 610 Innovation & Technology Special Project Additional Telematic Devices 5,300 Budget Carryover 610 Innovation & Technology Special Project Facility Battery 40,037 Budget Carryover 610 Innovation & Technology upgrade to SaaS solution 30,000 Budget Carryover 630 Vehicle/Equip Replacement Equipment/vehicle purchase 46,970 Budget Carryover 630 Vehicle/Equip Replacement Sign shop roof repair - project in progress 56,182 TOTAL INTERNAL SERVICE FUNDS 820,692
TOTAL BUDGET CARRYOVERS 64,035,200
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Attachment C
Budget Adjustment Type Fund Description Amount

COUNCIL ACTIONS
Council Action 420 Capital Improvement Fund CC-approved budget adjustment for Cristo Rey Bike Lanes Project 30,000 Council Action 420 Capital Improvement Fund CC-approved budget adjustment for Regnart Rd Improv Project 876,766 Council Action 429 Capital Reserve CC-approved budget adjustment for Cristo Rey Bike Lanes Project 15,000 Council Action 429 Capital Reserve CC-approved budget adjustment for Regnart Rd Improv Project 876,766 TOTAL CAPITAL PROJECT FUNDS 1,798,532
TOTAL COUNCIL ACTIONS 1,798,532
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Attachment C
Budget Adjustment Type Fund Description Amount

ENCUMBRANCE CARRYOVERS
Encumbrance Carryover 100 General Fund Year End Soft Close 9,723,884 TOTAL GENERAL FUNDS 9,723,884
Encumbrance Carryover 210 Storm Drain Improvement Year End Soft Close 1,566,693 Encumbrance Carryover 230 Env Mgmt Cln Crk Strm Drain Year End Soft Close 296,053 Encumbrance Carryover 260 CDBG Year End Soft Close 6,637 Encumbrance Carryover 265 BMR Housing Year End Soft Close 3,666 Encumbrance Carryover 270 Transportation Fund Year End Soft Close 1,998,991 Encumbrance Carryover 280 Park Dedication Year End Soft Close 229,394 TOTAL SPECIAL REVENUE FUNDS 4,101,434
Encumbrance Carryover 420 Capital Improvement Fund Year End Soft Close 1,994,887 Encumbrance Carryover 427 Stevens Creek Corridor Park Year End Soft Close 7,848 TOTAL CAPITAL PROJECT FUNDS 2,002,735
Encumbrance Carryover 520 Resource Recovery Year End Soft Close 284,540 Encumbrance Carryover 560 Blackberry Farm Year End Soft Close 5,858 Encumbrance Carryover 570 Sports Center Year End Soft Close 7,925 TOTAL ENTERPRISE FUNDS 298,323
Encumbrance Carryover 610 Innovation & Technology Year End Soft Close 239,797 Encumbrance Carryover 630 Vehicle/Equip Replacement Year End Soft Close 761,591 TOTAL INTERNAL SERVICE FUNDS 1,001,388
TOTAL ENCUMBRANCE CARRYOVERS 17,127,764
BUDGET CARRYOVER, COUNCIL APPROVED ADJUSTMENT, AND ENCUMBRANCE CARRYOVER TOTAL 82,961,496 FY 2023-24 ADOPTED BUDGET 121,765,857
FY 2023-24 AMENDED BUDGET AS OF SEPTEMBER 30, 2023 $ 204,727,353 415
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Budget Transfers as of September 30, 2023 Attachment D
GL Account Description Amount
100-32-308 700-702 - Contract Services General Service Agreement Contract Services Base Budget line item transfer 15,000 100-32-308 700-703 - Contract Services Maintenance of Equipment Contract Services Base Budget line item transfer (15,000) -
270-85-821 900-921 - Capital Outlay Annual Asphalt Project Transfer Budget from Capital Outlay to SB1 Line Item (616,739) 270-85-821 900-971 - Capital Outlay SB1 Roads Transfer Budget from Capital Outlay to SB1 Line Item 616,739 -
270-85-821 700-702 - Contract Services General Service Agreement Transfer Budget from Contract Service to Capital Outlay (559,000) 270-85-821 900-921 - Capital Outlay Annual Asphalt Project Transfer Budget from Contract Service to Capital Outlay 559,000 -
100-88-844 750-040 - Special Projects Planned Transportation Project Transferring from incorrect GL - I-280 Wolfe Project (800,000) 100-88-844 900-964 - Capital Outlay I-280/Wolfe Rd Interchange Imprv Transferring from incorrect GL - I-280 Wolfe Project 800,000 TOTAL $ -
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FY 2023-24 First Quarter Recommended Adjustments Attachment E Fund GL Account Revenue Expenditure Change in Fund Balance Proposal GENERAL FUND100 General Fund 100‐12‐632‐750‐056              ‐               64,405 (64,405) CA Volunteer N2N Grant100 General Fund 100‐12‐632‐410‐432 222,233                    ‐                                  222,233 CA Volunteer N2N Grant100 General Fund 100‐87‐827‐700‐702              ‐               10,858 (10,858) Unforeseen HVAC Repair100 General Fund 100‐87‐827‐700‐702              ‐               14,574 (14,574) Unforeseen Generator Repair100 General Fund 100‐87‐829‐700‐702              ‐                 7,882 (7,882) Unforeseen Breaker Repair 100 General Fund 100‐87‐831‐700‐702              ‐               14,636 (14,636) Compressor Repair100 General Fund 100‐87‐832‐700‐702              ‐                 2,401 (2,401) Fire Sprinkler Repair100 General Fund 100‐87‐832‐600‐613              ‐                 2,500 (2,500) 4H Rack Room Building Damage100 General Fund 100‐87‐837‐700‐702              ‐                 3,631 (3,631) Ceramic Room A/C Unit Repair100 General Fund 100‐87‐830‐700‐702              ‐                 8,831 (8,831) Unforeseen Panel Replacement 100 General Fund 100‐87‐827‐700‐702              ‐                 9,706 (9,706) IMPEC Additional Janitorial Services100 General Fund 100‐87‐830‐700‐702              ‐                 9,706 (9,706) IMPEC Additional Janitorial Services100 General Fund 100‐87‐831‐700‐702              ‐                 9,706 (9,706) IMPEC Additional Janitorial Services100 General Fund 100‐32‐308‐500‐502              ‐             (56,000) 56,000 Transfer to I&T Fund for Salaries Part Time 100 General Fund 100‐90‐001‐800‐902              ‐               56,000 (56,000) Transfer to I&T Fund for Salaries Part Time 100 General Fund 100‐32‐308‐600‐606              ‐             (45,000) 45,000 Transfer to I&T Fund for LaserFiche Subscription 100 General Fund 100‐90‐001‐800‐902              ‐    45,000 (45,000) Transfer to I&T Fund for LaserFiche Subscription 100 General Fund 100‐32‐308‐600‐629              ‐               (2,500) 2,500 Transfer to I&T Fund for LaserFiche Conference 100 General Fund 100‐90‐001‐800‐902              ‐                 2,500 (2,500) Transfer to I&T Fund for LaserFiche Conference 100 General Fund 100‐32‐308‐700‐702              ‐             (15,900) 15,900 Transfer to I&T Fund for LaserFiche Consultation100 General Fund 100‐90‐001‐800‐902              ‐               15,900 (15,900) Transfer to I&T Fund for LaserFiche Consultation 100 General Fund 100‐32‐308‐700‐702              ‐             (10,600) 10,600 Transfer to I&T Fund for NexSan WORM Device 100 General Fund 100‐90‐001‐800‐902              ‐               10,600 (10,600) Transfer to I&T Fund for NexSan WORM Device 100 General Fund 100‐13‐130‐700‐702              ‐               (7,684) 7,684 Transfer to I&T Fund for Municipal Code Publishing 100 General Fund 100‐90‐001‐800‐902              ‐                 7,684 (7,684) Transfer to I&T Fund for Municipal Code Publishing 100 General Fund 100‐32‐308‐600‐606              ‐               20,000 (20,000) Transfer from Resource Recovery Fund for ClimateNav Hub funds100 General Fund 100‐90‐001‐421‐401 20,000                    ‐                                    20,000 Transfer from Resource Recovery Fund for ClimateNav Hub funds 100 General Fund 100‐87‐831‐750‐025              ‐               16,000 (16,000) Transfer from I&T Fund for Senior Center Access Controls 100 General Fund 100‐90‐001‐421‐401 16,000                    ‐                                    16,000 Transfer from I&T Fund for Senior Center Access Controls100 General Fund 100‐20‐200‐750‐227              ‐               60,000 (60,000) Transfer from I&T Fund for License Plate Readers 100 General Fund 100‐90‐001‐421‐401 60,000                    ‐                                    60,000 Transfer from I&T Fund for License Plate Readers100 General Fund 100‐12‐633‐700‐702              ‐                 8,000 (8,000) Emergency Management Performance Grant100 General Fund 100‐12‐633‐440‐431 8,000                    ‐                                      8,000 Emergency Management Performance Grant TOTAL GENERAL FUND 326,233 262,836 63,397
SPECIAL REVENUE FUNDS230 Env Mgmt Cln Crk Strm Drain 230‐81‐853‐750‐062              ‐             (12,500) 12,500 Defund Permeable Pavement Rebate270 Transportation Fund 270‐85‐822‐900‐905              ‐                    467 (467) Transfer from CIP for Street Sign damage at Wilson Park270 Transportation Fund 270‐85‐822‐421‐401 467                    ‐                                         467 Transfer from CIP for Street Sign damage at Wilson Park TOTAL SPECIAL REVENUE FUNDS 467 (12,033) 12,500
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FY 2023-24 First Quarter Recommended Adjustments Attachment E CAPITAL PROJECT FUNDS420 Capital Improvement Funds 420‐99‐252‐800‐902              ‐                    467 (467) Transfer from CIP for Street Sign damage at Wilson Park TOTAL CAPITAL PROJECT FUNDS              ‐                    467 (467) ENTERPRISE FUNDS520 Resource Recovery 520‐81‐801‐700‐702              ‐             (20,000) 20,000 Transfer to General Fund for ClimateNav Hub funds520 Resource Recovery 520‐81‐801‐800‐902              ‐    20,000 (20,000) Transfer to General Fund for ClimateNav Hub funds 560 Blackberry Farm 560‐84‐268‐600‐643              ‐               77,000 (77,000) Utilities Adjustment560 Blackberry Farm 560‐84‐268‐700‐702              ‐               55,000 (55,000) Tree Maintenance TOTAL ENTERPRISE FUNDS              ‐             132,000 (132,000) INTERNAL SERVICE FUNDS610 Innovation & Technology 610‐35‐986 500‐502              ‐               56,000 (56,000) Transfer from General Fund for Salaries Part Time 610 Innovation & Technology 610‐35‐986 421‐401 56,000                    ‐                                    56,000 Transfer from General Fund for Salaries Part Time 610 Innovation & Technology 610‐35‐986‐600‐606              ‐               45,000 (45,000) Transfer from General Fund for LaserFiche Subscription610 Innovation & Technology 610‐35‐986‐421‐401 45,000                    ‐                                    45,000 Transfer from General Fund for LaserFiche Subscription610 Innovation & Technology 610‐35‐986‐600‐629              ‐                 2,500 (2,500) Transfer from General Fund for LaserFiche Conference 610 Innovation & Technology 610‐35‐986‐421‐401 2,500                    ‐                                      2,500 Transfer from General Fund for LaserFiche Conference610 Innovation & Technology 610‐35‐986‐700‐702              ‐               15,900 (15,900) Transfer from General Fund for LaserFiche Consultation610 Innovation & Technology 610‐35‐986‐421‐401 15,900                    ‐                                    15,900 Transfer from General Fund for LaserFiche Consultation 610 Innovation & Technology 610‐34‐310‐700‐702              ‐               10,600 (10,600) Transfer from General Fund for NexSan WORM Device610 Innovation & Technology 610‐34‐310‐421‐401 10,600                    ‐                                    10,600 Transfer from General Fund for NexSan WORM Device610 Innovation & Technology 610‐35‐986‐700‐702              ‐                 7,684 (7,684) Transfer from General Fund for Municipal Code Publishing 610 Innovation & Technology 610‐35‐986‐421‐401 7,684                    ‐                                      7,684 Transfer from General Fund for Municipal Code Publishing610 Innovation & Technology 610‐34‐310‐750‐130              ‐             (16,000) 16,000 Transfer to General Fund for Senior Center Access Controls 610 Innovation & Technology 610‐34‐310‐800‐902              ‐               16,000 (16,000) Transfer to General Fund for Senior Center Access Controls 610 Innovation & Technology 610‐30‐300‐750‐227              ‐             (60,000) 60,000 Transfer to General Fund for CWP License Plate Readers 610 Innovation & Technology 610‐30‐300‐800‐902              ‐               60,000 (60,000) Transfer to General Fund for CWP License Plate Readers630 Vehicle/Equip Replacement 630‐85‐849‐600‐609              ‐               19,187 (19,187) Install Wood Chipper Safety Shields TOTAL INTERNAL SERVICE FUNDS 137,684 156,871 (19,187)
TOTAL ALL FUNDS $464,384 $ 540,141 $ (75,757)
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FY 2022-23 Special Projects Update
Function Program Base And Detail Account With Detail Description Full Org Set Code And Description Amended Budget Actual Amount Status Est Completion Notes (e.g., carried over to next fiscal year) Status Administration 120 City Manager 750.228 ‐ CWP Safe Gun Storage Ordinance 100‐12‐120 ‐  General Fund‐City Manager‐City Manager                                     ‐ 12,000 Cancelled Cancelled Administration 120 City Manager 750.239 ‐ PR & Strategic Comm Strategy 100‐12‐120 ‐  General Fund‐City Manager‐City Manager                                               ‐ ‐ In Progress Not Started Administration 122 Sustainability Division 750.018 ‐ Climate Action Plan 100‐12‐122 ‐  General Fund‐City Manager‐Sustainability Division 89,147 91,745 In Progress Administration 122 Sustainability Division 750.019 ‐ Employee Commute Program 100‐12‐122 ‐  General Fund‐City Manager‐Sustainability Division 14,455 14,455 CompletedAdministration 122 Sustainability Division 750.069 ‐ Sustainable Infrastructure Audit 100‐12‐122 ‐  General Fund‐City Manager‐Sustainability Division                                               ‐ ‐ Administration 122 Sustainability Division 750.106 ‐ Electric Cooking Workshop Series 100‐12‐122 ‐  General Fund‐City Manager‐Sustainability Division                                               ‐ ‐Administration 122 Sustainability Division 750.176 ‐ Climate AP Vision Summary Doc 100‐12‐122 ‐  General Fund‐City Manager‐Sustainability Division                                               ‐ ‐Administration 122 Sustainability Division 750.223 ‐ CWP Electrification Study 100‐12‐122 ‐  General Fund‐City Manager‐Sustainability Division                                               ‐ ‐Administration 126 Office of Communications 750.220 ‐ CWP Community Engagement Alt T/P 100‐12‐126 ‐  General Fund‐City Manager‐Office of Communications                                     ‐ 12,000 Cancelled Administration 126 Office of Communications 750.225 ‐ CWP Integrated Plan for Engagmnt 100‐12‐126 ‐  General Fund‐City Manager‐Office of Communications                                     ‐ 30,000 CancelledAdministration 305 Video 900.945 ‐ Fixed Asset Acquisition 100‐12‐305 ‐  General Fund‐City Manager‐Video 10,000 9,549 Administration 633 Disaster Preparedness 750.230 ‐ Business Continuity Resilience 100‐12‐633 ‐  General Fund‐City Manager‐Disaster Preparedness                                               ‐ ‐ In Progress Administration 633 Disaster Preparedness 750.240 ‐ MRC Rise 100‐12‐633 ‐  General Fund‐City Manager‐Disaster Preparedness 18,677 18,677 In Progress Administration 705 Economic Development 750.103 ‐ CWP Regulate Diversified Retail 100‐12‐705 ‐  General Fund‐City Manager‐Economic Development                                               ‐ ‐ In Progress Administration 705 Economic Development 750.179 ‐ Econ Dev Strategy Outreach 100‐12‐705 ‐  General Fund‐City Manager‐Economic Development                                               ‐ ‐ In ProgressAdministration 705 Economic Development 750.221 ‐ CWP Cupertino Store Implementatn 100‐12‐705 ‐  General Fund‐City Manager‐Economic Development 145,000 14,058 Cancelled Administration 705 Economic Development 750.230 ‐ Business Continuity Resilience 100‐12‐705 ‐  General Fund‐City Manager‐Economic Development                                               ‐ ‐ In Progress Administrative services 405 Accounting 750.189 ‐ Fee Study 100‐41‐405 ‐  General Fund‐Finance‐Accounting 4,200 4,200 In Progress Administrative services 412 Human Resources 750.214 ‐ Hybrid Recruitment Strategy 100‐44‐412 ‐  General Fund‐Human Resources‐Human Resources                                               ‐ ‐ Cancelled Administrative services 412 Human Resources 750.215 ‐ Online Marketing and Branding 100‐44‐412 ‐  General Fund‐Human Resources‐Human Resources                                               ‐ ‐ CancelledAdministrative services 412 Human Resources 750.229 ‐ CWP Student Internship Program 100‐44‐412 ‐  General Fund‐Human Resources‐Human Resources                                               ‐ ‐ Cancelled Administrative services 425 Purchasing 750.190 ‐ Purchasing ‐ Grant Program 100‐41‐425 ‐  General Fund‐Finance‐Purchasing 100,000 ‐ Cancelled Administrative services 426 Budgeting 750.217 ‐ CWP Analyze Potential Rev Measrs 100‐41‐426 ‐  General Fund‐Finance‐Budgeting 50,000 ‐ In Progress Community development 700 Community Development A 750.104 ‐ CWP Homeless Jobs Program 100‐70‐700 ‐  General Fund‐Planning & Community Development‐Community Development Admin 126,048 126,047 In Progress Jun‐24 Community development 701 Current Planning 750.007 ‐ The Hamptons 100‐71‐701 ‐  General Fund‐Planning‐Current Planning ‐ ‐ Not Started active project with threecarry over to next FY Community development 701 Current Planning 750.009 ‐ Marina Plaza 100‐71‐701 ‐  General Fund‐Planning‐Current Planning 43,195 43,194 In Progress active project with one carry over to next FY Community development 701 Current Planning 750.029 ‐ Vallco Town Center 100‐71‐701 ‐  General Fund‐Planning‐Current Planning 10,170 10,170 In Progress 12/1/2026 carry over to next FY Community development 701 Current Planning 750.091 ‐ Banning Gas Powered Leaf Blowers 100‐71‐701 ‐  General Fund‐Planning‐Current Planning 1,158 7,594 Completed Community development 702 Mid Long Term Planning 750.032 ‐ General Plan 100‐71‐702 ‐  General Fund‐Planning‐Mid Long Term Planning ‐ ‐ In Progress Expected to be complet carry over to next FY Community development 702 Mid Long Term Planning 750.048 ‐ Urban Village 100‐71‐702 ‐  General Fund‐Planning‐Mid Long Term Planning 250,000 ‐ Cancelled Not a Cupertino City Work Program item Community development 702 Mid Long Term Planning 750.049 ‐ MuniCode Updates 100‐71‐702 ‐  General Fund‐Planning‐Mid Long Term Planning ‐ ‐ In Progress ongoing carry over to next FY Community development 702 Mid Long Term Planning 750.055 ‐ Dark Sky 100‐71‐702 ‐  General Fund‐Planning‐Mid Long Term Planning 10,000 ‐ Completed Community development 702 Mid Long Term Planning 750.090 ‐ Residential/Mixed Use Design 100‐71‐702 ‐  General Fund‐Planning‐Mid Long Term Planning 2,433 2,433 In Progress Expected to be complet carry over to next FY Community development 702 Mid Long Term Planning 750.092 ‐ General Plan Auth Process 100‐71‐702 ‐  General Fund‐Planning‐Mid Long Term Planning 6,500 ‐ Cancelled Community development 702 Mid Long Term Planning 750.100 ‐ CWP Development Accountability 100‐71‐702 ‐  General Fund‐Planning‐Mid Long Term Planning 10,000 ‐ Cancelled Community development 702 Mid Long Term Planning 750.101 ‐ CWP RHNA and Gen Plan Update 100‐71‐702 ‐  General Fund‐Planning‐Mid Long Term Planning 438,314 438,314 In Progress Expected to be complet carry over to next FY Community development 702 Mid Long Term Planning 750.102 ‐ CWP Sign Ordinance Update 100‐71‐702 ‐  General Fund‐Planning‐Mid Long Term Planning 25,000 ‐ Cancelled Community development 702 Mid Long Term Planning 750.135 ‐ Laserfiche planning map scanning 100‐71‐702 ‐  General Fund‐Planning‐Mid Long Term Planning 26,010 26,010 In Progress ongoing carry over to next FY Community development 711 BMR Affordable Housing Fu 750.051 ‐ Support for the Unhoused 265‐72‐711 ‐  BMR Housing‐Housing Services‐BMR Affordable Housing Fund 178,775 13,787 Cancelled Community development 711 BMR Affordable Housing Fu 750.052 ‐ Develop ELI Housing 265‐72‐711 ‐  BMR Housing‐Housing Services‐BMR Affordable Housing Fund 3,571 3,571 In Progress 3/1/2024 carry over to next FY Community development 711 BMR Affordable Housing Fu 750.093 ‐ De Anza Housing Program 265‐72‐711 ‐  BMR Housing‐Housing Services‐BMR Affordable Housing Fund 25,000 ‐ Cancelled Community development 713 General Building 750.036 ‐ Ongoing Bldg Recrd scan/conversn 100‐73‐713 ‐  General Fund‐Building‐General Building                                               ‐ ‐ In Progress ongoing carry over to next FY Community development 714 Construction Plan Check 750.031 ‐ Westport 100‐73‐714 ‐  General Fund‐Building‐Construction Plan Check 122,835 122,835 In Progress 6/28/2024 carry over to next FY Community development 714 Construction Plan Check 750.067 ‐ VTC 100‐73‐714 ‐  General Fund‐Building‐Construction Plan Check 11,985 11,985 In Progress ongoing carry over to next FY Community development 715 Building Inspection 750.067 ‐ VTC 100‐73‐715 ‐  General Fund‐Building‐Building Inspection ‐ ‐ In Progress ongoing carry over to next FY Information Services 300 Administration 750.087 ‐ Pollution Monitoring 610‐30‐300 ‐  Innovation & Technology‐I&T Administration‐Administration 14,500 14,500 Completed Information Services 300 Administration 750.107 ‐ Security Framework and Audit 610‐30‐300 ‐  Innovation & Technology‐I&T Administration‐Administration ‐ ‐ In Progress Jun‐24 Information Services 300 Administration 750.173 ‐ CWP Lehigh & SC Quarry 610‐30‐300 ‐  Innovation & Technology‐I&T Administration‐Administration 27,000 26,500 Completed Information Services 300 Administration 750.197 ‐ Aclima & Envirosuite Pilot Ext 610‐30‐300 ‐  Innovation & Technology‐I&T Administration‐Administration ‐ ‐ CompletedInformation Services 300 Administration 750.222 ‐ CWP Cybersecurity Public Edu 610‐30‐300 ‐  Innovation & Technology‐I&T Administration‐Administration ‐ ‐ Completed Information Services 300 Administration 750.224 ‐ CWP Hybrid Mtg for CC and Commis 610‐30‐300 ‐  Innovation & Technology‐I&T Administration‐Administration 15,000 ‐ Cancelled Information Services 300 Administration 750.227 ‐ CWP License Plate Readers 610‐30‐300 ‐  Innovation & Technology‐I&T Administration‐Administration ‐ ‐ In Progress 6/1/2024 Information Services 305 Video 750.109 ‐ Radio Windows 10 Replacement 100‐31‐305 ‐  General Fund‐I&T Video‐Video 10,000 5,641 Completed Information Services 305 Video 900.945 ‐ Fixed Asset Acquisition 100‐31‐305 ‐  General Fund‐I&T Video‐Video 9,684 9,684 Completed Information Services 305 Video 900.995 ‐ Special Projects ‐ CDD/I&T 100‐31‐305 ‐  General Fund‐I&T Video‐Video 27,109 27,108 Completed Information Services 308 Applications 750.115 ‐ ERP Exploration 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications 50,000 50,000 CompletedInformation Services 308 Applications 750.117 ‐ Green Halo 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications 3,465 3,465 Completed Information Services 308 Applications 750.120 ‐ Performance Management App 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications                                               ‐ ‐ Cancelled Information Services 308 Applications 750.121 ‐ Pre‐Employment Assessment/Tests 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications                                        ‐ 5,000 Cancelled Information Services 308 Applications 750.123 ‐ Redesign of City Website 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications 24,300 24,300 In Progress Jun‐24 Information Services 308 Applications 750.180 ‐ CAP Implementation Software 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications                                     ‐ 20,000 Cancelled Information Services 308 Applications 750.181 ‐ ERP (Phase II) 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications 12,852 12,852 In Progress Jun‐24 Information Services 308 Applications 750.182 ‐ Zendesk for Parks and Rec 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications                                     ‐ 40,000 Cancelled Information Services 308 Applications 750.183 ‐ ACA Guide & Wrapper 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications                                               ‐ ‐ In Progress Jun‐24 Information Services 308 Applications 750.184 ‐ Accela Roadmap 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications                                        ‐ 2,000 In Progress Jun‐24 Information Services 308 Applications 750.185 ‐ ActiveNet Roadmap 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications                                     ‐ 25,000 Cancelled Information Services 308 Applications 750.186 ‐ Consolidated Code Enf Services 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications 17,592 17,593 Completed Information Services 308 Applications 750.187 ‐ Crisis Management Software 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications                                     ‐ 15,000 Cancelled Information Services 308 Applications 750.188 ‐ Semi Annual ADA Consultant 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications 35,000 26,000 In Progress Jun‐24 Information Services 308 Applications 750.232 ‐ Debtbook 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications                                               ‐ ‐ Completed Information Services 308 Applications 750.233 ‐ Startup Space 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications                                               ‐ ‐ CompletedInformation Services 310 Infrastructure 750.107 ‐ Security Framework and Audit 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure ‐ ‐ In Progress Jun‐24 Information Services 310 Infrastructure 750.124 ‐ ActiveNet Additional Readers 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure                                               ‐ ‐ In Progress Jun‐24 Information Services 310 Infrastructure 750.125 ‐ Council Voting System and Timer 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure                                               ‐ ‐ Cancelled Information Services 310 Infrastructure 750.130 ‐ Senior Center Access Controls 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure ‐ ‐ CancelledInformation Services 310 Infrastructure 750.131 ‐ Wireless Bridge 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure 1,650 (74) CancelledInformation Services 310 Infrastructure 750.171 ‐ Quinlan Touch Screen 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure 14,870 14,870 In Progress Jun‐24 Information Services 310 Infrastructure 750.198 ‐ Office 365 E5 Licenses 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure 7,000 7,000 Completed Information Services 310 Infrastructure 750.199 ‐ City Facilities Video Capture 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure 53,921 48,895 CompletedInformation Services 310 Infrastructure 750.200 ‐ CH Ent Server & Storage Tech Ref 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure ‐ ‐ In Progress Jun‐24Information Services 310 Infrastructure 750.201 ‐ Digital Signage 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure 25,000 ‐ CancelledInformation Services 310 Infrastructure 750.202 ‐ CAD & RMS Wan Link 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure 7,200 ‐ CancelledInformation Services 310 Infrastructure 750.203 ‐ Suppl Wi‐Fi Exp in Public Areas 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure 15,875 1,765 Cancelled Information Services 310 Infrastructure 750.204 ‐ Proactive Man Risk & Sec Monitor 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure 23,000 23,000 Completed Information Services 310 Infrastructure 750.205 ‐ Public Bike Smart Rack DockTech 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure ‐ ‐ Cancelled Information Services 310 Infrastructure 750.206 ‐ Sign Shop Printer Warranty 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure 3,000 2,897 Completed Information Services 310 Infrastructure 900.945 ‐ Fixed Asset Acquisition 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure 124,813 ‐ Cancelled Information Services 310 Infrastructure 900.969 ‐ Software 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure 49,000 ‐ Completed 419
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Information Services 986 GIS 750.166 ‐ AR McClellan Ranch 610‐35‐986 ‐  Innovation & Technology‐I&T GIS‐GIS 13,333 13,333 In Progress Jun‐24 Information Services 986 GIS 750.167 ‐ Data Governance & Data Warehouse 610‐35‐986 ‐  Innovation & Technology‐I&T GIS‐GIS 75,000 45,990 Cancelled Information Services 986 GIS 750.207 ‐ Additional Telematics Devices 610‐35‐986 ‐  Innovation & Technology‐I&T GIS‐GIS ‐ ‐ Completed Information Services 986 GIS 750.208 ‐ Geotab Keyless Solution 610‐35‐986 ‐  Innovation & Technology‐I&T GIS‐GIS 6,000 ‐ Cancelled Information Services 986 GIS 750.209 ‐ Google Query 610‐35‐986 ‐  Innovation & Technology‐I&T GIS‐GIS 5,000 1,257 Cancelled Information Services 986 GIS 750.210 ‐ Business Process Automation Plat 610‐35‐986 ‐  Innovation & Technology‐I&T GIS‐GIS 42,000 42,000 CompletedInformation Services 986 GIS 750.211 ‐ Drone Instructor Training 610‐35‐986 ‐  Innovation & Technology‐I&T GIS‐GIS 825 775 Completed Information Services 986 GIS 750.212 ‐ Laserfiche Scanning 610‐35‐986 ‐  Innovation & Technology‐I&T GIS‐GIS 7,585 7,585 Completed Information Services 986 GIS 750.213 ‐ Amazon EC2 Instance t3aXLarge 610‐35‐986 ‐  Innovation & Technology‐I&T GIS‐GIS 5,000 5,000 CompletedInformation Services 986 GIS 750.216 ‐ CIP Management System 610‐35‐986 ‐  Innovation & Technology‐I&T GIS‐GIS 87,465 88,300 In Progress Jun‐24 Public works 800 Public Works Admin 750.071 ‐ Municipal Water System 100‐80‐800 ‐  General Fund‐PW Administration‐Public Works Admin 22,700 16,700 Public works 801 Resources Recovery 750.041 ‐ HHW and PaintCare 520‐81‐801 ‐  Resource Recovery‐Environmental Programs‐Resources Recovery 62,717 73,123 Public works 801 Resources Recovery 750.084 ‐ Single Use Plastics Ordinance 520‐81‐801 ‐  Resource Recovery‐Environmental Programs‐Resources Recovery 21,529 21,529Public works 801 Resources Recovery 750.137 ‐ SB1383 Procurement Requirements 520‐81‐801 ‐  Resource Recovery‐Environmental Programs‐Resources Recovery 14,811 14,811 Public works 801 Resources Recovery 750.174 ‐ New Lndfill Agrmnt/Solid Wst con 520‐81‐801 ‐  Resource Recovery‐Environmental Programs‐Resources Recovery 104,303 104,303 Public works 802 Non Point Source 750.196 ‐ Storm Water (SWPPP) Update 230‐81‐802 ‐  Env Mgmt Cln Crk Strm Drain‐Environmental Programs‐Non Point Source (439) 12,161 Public works 804 Plan Review 750.039 ‐ PW Scanning Project 100‐82‐804 ‐  General Fund‐Developmental Services‐Plan Review 24,296 24,295 Public works 804 Plan Review 750.067 ‐ VTC 100‐82‐804 ‐  General Fund‐Developmental Services‐Plan Review                                               ‐ ‐ Public works 804 Plan Review 750.105 ‐ CWP Revisit 5G 100‐82‐804 ‐  General Fund‐Developmental Services‐Plan Review                                               ‐ ‐Public works 804 Plan Review 750.191 ‐ BBF Golf Netting Support Inspect 100‐82‐804 ‐  General Fund‐Developmental Services‐Plan Review 6,000 7,353 Public works 807 Service Center Administratio750.043 ‐ Office Reconfiguration 100‐83‐807 ‐  General Fund‐Service Center‐Service Center Administration 38,152 38,152 Public works 808 McClellan Ranch Park 750.025 ‐ Special Maintenance 100‐84‐808 ‐  General Fund‐Grounds‐McClellan Ranch Park                                               ‐ ‐ Public works 808 McClellan Ranch Park 750.138 ‐ 4H Perimeter Fence Replacement 100‐84‐808 ‐  General Fund‐Grounds‐McClellan Ranch Park                                               ‐ ‐Public works 809 Memorial Park 750.025 ‐ Special Maintenance 100‐84‐809 ‐  General Fund‐Grounds‐Memorial Park 15,000 15,400 Public works 811 BBF Ground Maintenance 750.025 ‐ Special Maintenance 100‐84‐811 ‐  General Fund‐Grounds‐BBF Ground Maintenance 30,000 17,900 Public works 812 School Site Maintenance 750.025 ‐ Special Maintenance 100‐84‐812 ‐  General Fund‐Grounds‐School Site Maintenance 30,000 35,491Public works 812 School Site Maintenance 750.140 ‐ Backflow Prevention Device Repl 100‐84‐812 ‐  General Fund‐Grounds‐School Site Maintenance 6,000 4,798Public works 813 Neighborhood Parks 750.025 ‐ Special Maintenance 100‐84‐813 ‐  General Fund‐Grounds‐Neighborhood Parks 83,000 48,476 Public works 813 Neighborhood Parks 750.074 ‐ Tot Lot Rubber Resurfacing 100‐84‐813 ‐  General Fund‐Grounds‐Neighborhood Parks 20,449 20,449 Public works 813 Neighborhood Parks 750.140 ‐ Backflow Prevention Device Repl 100‐84‐813 ‐  General Fund‐Grounds‐Neighborhood Parks 10,809 11,283 Public works 813 Neighborhood Parks 750.141 ‐ Basketball Court Resurfacing 100‐84‐813 ‐  General Fund‐Grounds‐Neighborhood Parks ‐ ‐ Public works 813 Neighborhood Parks 900.990 ‐ Special Projects ‐ PW 100‐84‐813 ‐  General Fund‐Grounds‐Neighborhood Parks ‐ ‐Public works 814 Sport Fields Jollyman CRK 750.140 ‐ Backflow Prevention Device Repl 100‐84‐814 ‐  General Fund‐Grounds‐Sport Fields Jollyman CRK                                               ‐ ‐ Public works 814 Sport Fields Jollyman CRK 750.141 ‐ Basketball Court Resurfacing 100‐84‐814 ‐  General Fund‐Grounds‐Sport Fields Jollyman CRK                                               ‐ ‐ Public works 820 Sidewalk Curb and Gutter 750.020 ‐ Annual Sidewalk Curb & Gutter 270‐85‐820 ‐  Transportation Fund‐Streets‐Sidewalk Curb and Gutter 177,577 177,576 Public works 821 Street Pavement Maintenan900.921 ‐ Annual Asphalt Project 270‐85‐821 ‐  Transportation Fund‐Streets‐Street Pavement Maintenance 1,813,019 1,901,218Public works 822 Street Sign Marking 750.025 ‐ Special Maintenance 270‐85‐822 ‐  Transportation Fund‐Streets‐Street Sign Marking 10,300 10,266 Public works 822 Street Sign Marking 900.945 ‐ Fixed Asset Acquisition 270‐85‐822 ‐  Transportation Fund‐Streets‐Street Sign Marking ‐ 5,852 Public works 824 Overpasses and Medians 750.192 ‐ Mound Removals 100‐86‐824 ‐  General Fund‐Trees and Right of Way‐Overpasses and Medians 70,775 70,775 Public works 824 Overpasses and Medians 750.193 ‐ Split Rail Fence‐SCB & Mary Ave 100‐86‐824 ‐  General Fund‐Trees and Right of Way‐Overpasses and Medians 16,400 18,255Public works 824 Overpasses and Medians 750.194 ‐ Trench Work 100‐86‐824 ‐  General Fund‐Trees and Right of Way‐Overpasses and Medians                                               ‐ ‐ Public works 825 Street Tree Maintenance 900.911 ‐ Trees and Badges 100‐86‐825 ‐  General Fund‐Trees and Right of Way‐Street Tree Maintenance 13,737 13,737 Public works 827 Bldg Maint City Hall 750.144 ‐ Electrical Preventive Maint 100‐87‐827 ‐  General Fund‐Facilities and Fleet‐Bldg Maint City Hall                                               ‐ ‐ Public works 827 Bldg Maint City Hall 750.145 ‐ Fascia Repair and Painting 100‐87‐827 ‐  General Fund‐Facilities and Fleet‐Bldg Maint City Hall 60,000 42,692 Public works 827 Bldg Maint City Hall 750.146 ‐ Lower Floor Recarpeting 100‐87‐827 ‐  General Fund‐Facilities and Fleet‐Bldg Maint City Hall 70,000 58,640Public works 827 Bldg Maint City Hall 750.147 ‐ Boiler Preventive Maintenance 100‐87‐827 ‐  General Fund‐Facilities and Fleet‐Bldg Maint City Hall ‐ 2,535 Public works 828 Bldg Maint Library 750.025 ‐ Special Maintenance 100‐87‐828 ‐  General Fund‐Facilities and Fleet‐Bldg Maint Library                                               ‐ ‐ Public works 828 Bldg Maint Library 750.147 ‐ Boiler Preventive Maintenance 100‐87‐828 ‐  General Fund‐Facilities and Fleet‐Bldg Maint Library 5,000 3,209 Public works 829 Bldg Maint Service Center 750.025 ‐ Special Maintenance 100‐87‐829 ‐  General Fund‐Facilities and Fleet‐Bldg Maint Service Center 64,638 13,424 Public works 829 Bldg Maint Service Center 750.150 ‐ Shop Building Roof Recoating 100‐87‐829 ‐  General Fund‐Facilities and Fleet‐Bldg Maint Service Center                                               ‐ ‐ Public works 829 Bldg Maint Service Center 750.152 ‐ Locksmith Training 100‐87‐829 ‐  General Fund‐Facilities and Fleet‐Bldg Maint Service Center 4,000 4,000 Public works 830 Bldg Maint Quinlan Center 750.025 ‐ Special Maintenance 100‐87‐830 ‐  General Fund‐Facilities and Fleet‐Bldg Maint Quinlan Center 34,000 19,440 Public works 830 Bldg Maint Quinlan Center 750.147 ‐ Boiler Preventive Maintenance 100‐87‐830 ‐  General Fund‐Facilities and Fleet‐Bldg Maint Quinlan Center 5,000 2,580 Public works 831 Bldg Maint Senior Center 750.025 ‐ Special Maintenance 100‐87‐831 ‐  General Fund‐Facilities and Fleet‐Bldg Maint Senior Center 6,050 6,050Public works 831 Bldg Maint Senior Center 900.945 ‐ Fixed Asset Acquisition 100‐87‐831 ‐  General Fund‐Facilities and Fleet‐Bldg Maint Senior Center 10,940 17,197 Public works 832 Bldg Maint McClellan Ranch750.025 ‐ Special Maintenance 100‐87‐832 ‐  General Fund‐Facilities and Fleet‐Bldg Maint McClellan Ranch 18,653 18,653Public works 836 Bldg Maint Sports Center 750.025 ‐ Special Maintenance 570‐87‐836 ‐  Sports Center‐Facilities and Fleet‐Bldg Maint Sports Center 35,506 17,179Public works 836 Bldg Maint Sports Center 750.155 ‐ Exterior Painting 570‐87‐836 ‐  Sports Center‐Facilities and Fleet‐Bldg Maint Sports Center 45,000 63,327Public works 836 Bldg Maint Sports Center 750.157 ‐ Door Refinishing 570‐87‐836 ‐  Sports Center‐Facilities and Fleet‐Bldg Maint Sports Center 2,745 2,744 Public works 836 Bldg Maint Sports Center 900.945 ‐ Fixed Asset Acquisition 570‐87‐836 ‐  Sports Center‐Facilities and Fleet‐Bldg Maint Sports Center                                               ‐ ‐ Public works 838 Comm Hall Bldg Maint 750.148 ‐ Exterior Door Painting 100‐87‐838 ‐  General Fund‐Facilities and Fleet‐Comm Hall Bldg Maint                                        ‐ 4,000 Public works 841 BBF Facilities Maintenance 750.025 ‐ Special Maintenance 100‐87‐841 ‐  General Fund‐Facilities and Fleet‐BBF Facilities Maintenance                                               ‐ ‐ Public works 841 BBF Facilities Maintenance 750.162 ‐ Uninterrupted Power Supply 100‐87‐841 ‐  General Fund‐Facilities and Fleet‐BBF Facilities Maintenance 5,000 5,000 Public works 841 BBF Facilities Maintenance 900.990 ‐ Special Projects ‐ PW 100‐87‐841 ‐  General Fund‐Facilities and Fleet‐BBF Facilities Maintenance                                               ‐ ‐ Public works 844 Traffic Engineering 750.040 ‐ Planned Transportation Project 100‐88‐844 ‐  General Fund‐Transportation‐Traffic Engineering 43,977 43,976 Public works 844 Traffic Engineering 750.061 ‐ Community Shuttle Pilot Program 100‐88‐844 ‐  General Fund‐Transportation‐Traffic Engineering 825,911 825,910 Public works 844 Traffic Engineering 750.079 ‐ Adaptive Traffic Signaling 100‐88‐844 ‐  General Fund‐Transportation‐Traffic Engineering 141,557 141,557 Public works 844 Traffic Engineering 750.163 ‐ VMT to LOS Standards 100‐88‐844 ‐  General Fund‐Transportation‐Traffic Engineering ‐ ‐ Public works 844 Traffic Engineering 750.195 ‐ Lawson Middle School Bikeway 100‐88‐844 ‐  General Fund‐Transportation‐Traffic Engineering 40,000 40,000 Public works 844 Traffic Engineering 750.219 ‐ CWP Bicycle Facilities 100‐88‐844 ‐  General Fund‐Transportation‐Traffic Engineering                                               ‐ ‐ Public works 844 Traffic Engineering 750.231 ‐ SC Corridor Vision Study 100‐88‐844 ‐  General Fund‐Transportation‐Traffic Engineering                                               ‐ ‐Public works 844 Traffic Engineering 900.923 ‐ Apple Campus 2 100‐88‐844 ‐  General Fund‐Transportation‐Traffic Engineering 77,340 ‐ Public works 845 Traffic Signal Maintenance 750.079 ‐ Adaptive Traffic Signaling 100‐88‐845 ‐  General Fund‐Transportation‐Traffic Signal Maintenance (2,886) ‐ Public works 846 Safe Routes 2 School 750.080 ‐ Pedestrian Education 100‐88‐846 ‐  General Fund‐Transportation‐Safe Routes 2 School 13,040 57,729 Public works 846 Safe Routes 2 School 750.165 ‐ Riding for Focus Program 100‐88‐846 ‐  General Fund‐Transportation‐Safe Routes 2 School 49,000 ‐Public works 848 Street Lighting 750.025 ‐ Special Maintenance 100‐85‐848 ‐  General Fund‐Streets‐Street Lighting 8,300 7,919 Public works 848 Street Lighting 900.945 ‐ Fixed Asset Acquisition 100‐85‐848 ‐  General Fund‐Streets‐Street Lighting ‐ 6,273 Public works 848 Street Lighting 900.990 ‐ Special Projects ‐ PW 100‐85‐848 ‐  General Fund‐Streets‐Street Lighting 213,000 212,630 Public works 849 Equipment Maintenance 750.078 ‐ Mechanic Shop Hose Reels 630‐85‐849 ‐  Vehicle/Equip Replacement ‐Streets‐Equipment Maintenance 49,615 49,615 Public works 853 Storm Drain Fee 750.062 ‐ Permeable Pavement 230‐81‐853 ‐  Env Mgmt Cln Crk Strm Drain‐Environmental Programs‐Storm Drain Fee 12,500 ‐ Public works 853 Storm Drain Fee 750.063 ‐ Rainwater Capture 230‐81‐853 ‐  Env Mgmt Cln Crk Strm Drain‐Environmental Programs‐Storm Drain Fee (12,325) 175 Public works 854 General Fund Subsidy 750.064 ‐ Low Income Cost Share 230‐81‐854 ‐  Env Mgmt Cln Crk Strm Drain‐Environmental Programs‐General Fund Subsidy 8,000 271 Public works 854 General Fund Subsidy 750.065 ‐ CUSD Joint Use Cost Share 230‐81‐854 ‐  Env Mgmt Cln Crk Strm Drain‐Environmental Programs‐General Fund Subsidy 21,868 8,713 Public works 985 Fixed Assets Acquisition 900.945 ‐ Fixed Asset Acquisition 630‐90‐985 ‐  Vehicle/Equip Replacement ‐Citywide ‐ Non Departmental‐Fixed Assets Acquisition 366,980 5,157 Recreation services 601 Rec & Comm Svcs Administr750.096 ‐ CWP Mental Health Support 100‐60‐601 ‐  General Fund‐Administration‐Rec & Comm Svcs Administration 9,274 ‐ Recreation services 601 Rec & Comm Svcs Administr750.098 ‐ CWP Senior Strategy 100‐60‐601 ‐  General Fund‐Administration‐Rec & Comm Svcs Administration 25,400 25,400Recreation services 601 Rec & Comm Svcs Administr750.164 ‐ CWP Dogs Off Leash Area 100‐60‐601 ‐  General Fund‐Administration‐Rec & Comm Svcs Administration 5,000 452 Recreation services 601 Rec & Comm Svcs Administr750.218 ‐ CWP Artwork at the Library/Exhib 100‐60‐601 ‐  General Fund‐Administration‐Rec & Comm Svcs Administration 10,000 ‐ Recreation services 601 Rec & Comm Svcs Administr750.226 ‐ CWP Intergenerational Engagement 100‐60‐601 ‐  General Fund‐Administration‐Rec & Comm Svcs Administration 20,000 4,240 420
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Recreation services 616 BBF Golf Course 900.945 ‐ Fixed Asset Acquisition 560‐63‐616 ‐  Blackberry Farm‐Sports, Safety and Outdoor Rec‐BBF Golf Course 137,000 ‐ Recreation services 621 Sports Center Operation 900.959 ‐ Windscreens 570‐63‐621 ‐  Sports Center‐Sports, Safety and Outdoor Rec‐Sports Center Operation                                               ‐ ‐ 421
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FY 2023-24 First Quarter Special Projects Update
Function Program Base And Detail Account With Detail Description Full Org Set Code And Description Amended Budget Actual Amount Status Est Completion Notes (e.g., carried over to next fiscal year) Status Administrative services 405 Accounting 750.189 ‐ Fee Study 100‐41‐405 ‐  General Fund‐Finance‐Accounting 70,800 18,400 In Progress Cancelled Administrative services 426 Budgeting 750.217 ‐ CWP Analyze Potential Rev Measrs 100‐41‐426 ‐  General Fund‐Finance‐Budgeting 50,000 ‐ In Progress Not Started Administration 120 City Manager 750.239 ‐ PR & Strategic Comm Strategy 100‐12‐120 ‐  General Fund‐City Manager‐City Manager 160,000 ‐ In Progress Aug 30 2025 In Progress Administration 122 Sustainability Division 750.018 ‐ Climate Action Plan 100‐12‐122 ‐  General Fund‐City Manager‐Sustainability Division 1,236 ‐ Completed Administration 122 Sustainability Division 750.019 ‐ Employee Commute Program 100‐12‐122 ‐  General Fund‐City Manager‐Sustainability Division 2,586 3,455 Administration 122 Sustainability Division 750.069 ‐ Sustainable Infrastructure Audit 100‐12‐122 ‐  General Fund‐City Manager‐Sustainability Division 10,000 ‐Administration 122 Sustainability Division 750.106 ‐ Electric Cooking Workshop Series 100‐12‐122 ‐  General Fund‐City Manager‐Sustainability Division 6,400 ‐ Administration 122 Sustainability Division 750.176 ‐ Climate AP Vision Summary Doc 100‐12‐122 ‐  General Fund‐City Manager‐Sustainability Division 10,000 ‐ Administration 122 Sustainability Division 750.223 ‐ CWP Electrification Study 100‐12‐122 ‐  General Fund‐City Manager‐Sustainability Division 50,000 ‐Administration 632 Comm Outreach & Neigh Watch 750.227 ‐ CWP License Plate Readers 100‐12‐632 ‐  General Fund‐City Manager‐Comm Outreach & Neigh Watch 10,000 ‐ Not Started Recommending to remove as part of CWP review in FebruaryAdministration 633 Disaster Preparedness 750.230 ‐ Business Continuity Resilience 100‐12‐633 ‐  General Fund‐City Manager‐Disaster Preparedness 500,000 ‐ In ProgressAdministration 633 Disaster Preparedness 750.240 ‐ MRC Rise 100‐12‐633 ‐  General Fund‐City Manager‐Disaster Preparedness                                     ‐ 6,323 In Progress Administration 705 Economic Development 750.103 ‐ CWP Regulate Diversified Retail 100‐12‐705 ‐  General Fund‐City Manager‐Economic Development 5,000 ‐ Cancelled Administration 705 Economic Development 750.179 ‐ Econ Dev Strategy Outreach 100‐12‐705 ‐  General Fund‐City Manager‐Economic Development 20,000 ‐ Cancelled Administration 705 Economic Development 750.221 ‐ CWP Cupertino Store Implementatn 100‐12‐705 ‐  General Fund‐City Manager‐Economic Development ‐ 62 Cancelled Administration 705 Economic Development 750.230 ‐ Business Continuity Resilience 100‐12‐705 ‐  General Fund‐City Manager‐Economic Development 500,000 ‐ In Progress Community development 700 Community Development Admin 750.104 ‐ CWP Homeless Jobs Program 100‐70‐700 ‐  General Fund‐Planning & Community Development‐Community Development Admin 176,935 ‐ In Progress 6/28/2024 Community development 701 Current Planning 750.007 ‐ The Hamptons 100‐71‐701 ‐  General Fund‐Planning‐Current Planning 108,640 ‐ Not Started active project with three more years of entitlements until July 2026 Community development 701 Current Planning 750.009 ‐ Marina Plaza 100‐71‐701 ‐  General Fund‐Planning‐Current Planning 23,317 ‐ In Progress 6/28/2024 carry over to next FY Community development 701 Current Planning 750.029 ‐ Vallco Town Center 100‐71‐701 ‐  General Fund‐Planning‐Current Planning 188,680 ‐ In Progress 12/1/2024 carry over to next FYCommunity development 702 Mid Long Term Planning 750.032 ‐ General Plan 100‐71‐702 ‐  General Fund‐Planning‐Mid Long Term Planning 239,805 ‐ In Progress Expected to be complet carry over to next FY Community development 702 Mid Long Term Planning 750.049 ‐ MuniCode Updates 100‐71‐702 ‐  General Fund‐Planning‐Mid Long Term Planning 25,000 ‐ In Progress Ongoing carry over to next FY Community development 702 Mid Long Term Planning 750.090 ‐ Residential/Mixed Use Design 100‐71‐702 ‐  General Fund‐Planning‐Mid Long Term Planning 202,216 5,147 In Progress Expected to be complet carry over to next FYCommunity development 702 Mid Long Term Planning 750.101 ‐ CWP RHNA and Gen Plan Update 100‐71‐702 ‐  General Fund‐Planning‐Mid Long Term Planning 1,026,581 81,752 In Progress Expected to be complet carry over to next FY Community development 702 Mid Long Term Planning 750.135 ‐ Laserfiche planning map scanning 100‐71‐702 ‐  General Fund‐Planning‐Mid Long Term Planning 3,990 923 In Progress Ongoing carry over to next FY Community development 702 Mid Long Term Planning 750.235 ‐ CWP Tree List 100‐71‐702 ‐  General Fund‐Planning‐Mid Long Term Planning 50,000 ‐ Not Started 6/28/2024 carry over to next FY Community development 711 BMR Affordable Housing Fund 750.051 ‐ Support for the Unhoused 265‐72‐711 ‐  BMR Housing‐Housing Services‐BMR Affordable Housing Fund 100,000 ‐ In Progress Ongoing carry over to next FY Community development 711 BMR Affordable Housing Fund 750.052 ‐ Develop ELI Housing 265‐72‐711 ‐  BMR Housing‐Housing Services‐BMR Affordable Housing Fund 238,386 ‐ In Progress 3/1/2024 carry over to next FY Community development 713 General Building 750.036 ‐ Ongoing Bldg Recrd scan/conversn 100‐73‐713 ‐  General Fund‐Building‐General Building 14,387 ‐ In Progress Ongoing carry over to next FY Community development 714 Construction Plan Check 750.031 ‐ Westport 100‐73‐714 ‐  General Fund‐Building‐Construction Plan Check 98,739 3,160 In Progress 6/28/2024 carry over to next FY Community development 714 Construction Plan Check 750.067 ‐ VTC 100‐73‐714 ‐  General Fund‐Building‐Construction Plan Check 14,595,179 ‐ In Progress Ongoing carry over to next FY Community development 715 Building Inspection 750.067 ‐ VTC 100‐73‐715 ‐  General Fund‐Building‐Building Inspection 5,406,634 ‐ In Progress Ongoing carry over to next FYInformation Services 300 Administration 750.197 ‐ Aclima & Envirosuite Pilot Ext 610‐30‐300 ‐  Innovation & Technology‐I&T Administration‐Administration 66,000 ‐ CompletedInformation Services 300 Administration 750.222 ‐ CWP Cybersecurity Public Edu 610‐30‐300 ‐  Innovation & Technology‐I&T Administration‐Administration 7,500 2 CompletedInformation Services 300 Administration 750.227 ‐ CWP License Plate Readers 610‐30‐300 ‐  Innovation & Technology‐I&T Administration‐Administration 60,000 ‐ In Progress 6/1/2024 Information Services 305 Video 900.945 ‐ Fixed Asset Acquisition 100‐31‐305 ‐  General Fund‐I&T Video‐Video 40,316 ‐ In Progress 6/1/2024Information Services 305 Video 900.995 ‐ Special Projects ‐ CDD/I&T 100‐31‐305 ‐  General Fund‐I&T Video‐Video 40,891 6,715 In Progress 6/1/2024Information Services 308 Applications 750.120 ‐ Performance Management App 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications 32,000 ‐ Cancelled Information Services 308 Applications 750.123 ‐ Redesign of City Website 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications 20,700 ‐ In Progress 6/1/2024 Information Services 308 Applications 750.181 ‐ ERP (Phase II) 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications 94,076 6,095 In Progress 6/1/2024Information Services 308 Applications 750.183 ‐ ACA Guide & Wrapper 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications 25,000 ‐ In Progress 6/1/2024Information Services 308 Applications 750.184 ‐ Accela Roadmap 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications 23,000 ‐ In Progress 6/1/2024Information Services 308 Applications 750.186 ‐ Consolidated Code Enf Services 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications 22,408 16,575 In Progress 6/1/2024Information Services 308 Applications 750.236 ‐ Project Dox 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications 129,475 ‐ In Progress 6/1/2024Information Services 308 Applications 750.237 ‐ ERP (Phase III) 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications 450,000 ‐ In Progress 6/1/2024Information Services 310 Infrastructure 750.107 ‐ Security Framework and Audit 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure 60,000 14,688 In Progress 6/1/2024Information Services 310 Infrastructure 750.124 ‐ ActiveNet Additional Readers 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure 9,000 2,257 In Progress 6/1/2024Information Services 310 Infrastructure 750.125 ‐ Council Voting System and Timer 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure 32,000 ‐ Cancelled Information Services 310 Infrastructure 750.130 ‐ Senior Center Access Controls 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure 16,000 ‐ In Progress 6/1/2024 Information Services 310 Infrastructure 750.171 ‐ Quinlan Touch Screen 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure 25,130 321 In Progress 6/1/2024Information Services 310 Infrastructure 750.199 ‐ City Facilities Video Capture 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure                                     ‐ 6,079 Completed Information Services 310 Infrastructure 750.200 ‐ CH Ent Server & Storage Tech Ref 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure 150,000 ‐ In Progress 6/1/2024 Information Services 310 Infrastructure 750.203 ‐ Suppl Wi‐Fi Exp in Public Areas 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure                                     ‐ 4,625 Cancelled Information Services 310 Infrastructure 750.205 ‐ Public Bike Smart Rack DockTech 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure 2,000 ‐ Cancelled Information Services 310 Infrastructure 900.945 ‐ Fixed Asset Acquisition 610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure 40,037 ‐ Completed Information Services 986 GIS 750.166 ‐ AR McClellan Ranch 610‐35‐986 ‐  Innovation & Technology‐I&T GIS‐GIS 26,667 ‐ In Progress June 30th 2024Information Services 986 GIS 750.207 ‐ Additional Telematics Devices 610‐35‐986 ‐  Innovation & Technology‐I&T GIS‐GIS 5,300 ‐ Completed This is complete Information Services 986 GIS 750.211 ‐ Drone Instructor Training 610‐35‐986 ‐  Innovation & Technology‐I&T GIS‐GIS 775 775 Completed This is complete Information Services 986 GIS 750.212 ‐ Laserfiche Scanning 610‐35‐986 ‐  Innovation & Technology‐I&T GIS‐GIS 22,415 ‐ In Progress This year, scanning is underway and the funds will most likely be exhausted by December Information Services 986 GIS 750.216 ‐ CIP Management System 610‐35‐986 ‐  Innovation & Technology‐I&T GIS‐GIS 10,740 8,405 In Progress The implementation is complete, the remaining funding is for support.

Information Services 986 GIS 750.238 ‐ VR Decarb 610‐35‐986 ‐ Innovation & Technology‐I&T GIS‐GIS 112,000 ‐ In Progress June 30th 2024 Public works 800 Public Works Admin 750.071 ‐ Municipal Water System 100‐80‐800 ‐ General Fund‐PW Administration‐Public Works Admin 22,677 5,880 In Progress Ongoing ‐ completion date TBD Public works 801 Resources Recovery 750.041 ‐ HHW and PaintCare 520‐81‐801 ‐ Resource Recovery‐Environmental Programs‐Resources Recovery ‐ 115,733 Completed Public works 801 Resources Recovery 750.084 ‐ Single Use Plastics Ordinance 520‐81‐801 ‐ Resource Recovery‐Environmental Programs‐Resources Recovery 84,716 7,819 In Progress Public works 801 Resources Recovery 750.137 ‐ SB1383 Procurement Requirements 520‐81‐801 ‐ Resource Recovery‐Environmental Programs‐Resources Recovery ‐ 112,742 In Progress Ongoing Public works 801 Resources Recovery 750.174 ‐ New Lndfill Agrmnt/Solid Wst con 520‐81‐801 ‐ Resource Recovery‐Environmental Programs‐Resources Recovery 245,697 ‐ In Progress tbd Public works 802 Non Point Source 750.196 ‐ Storm Water (SWPPP) Update 230‐81‐802 ‐ Env Mgmt Cln Crk Strm Drain‐Environmental Programs‐Non Point Source 19,539 ‐ Completed Public works 804 Plan Review 750.039 ‐ PW Scanning Project 100‐82‐804 ‐ General Fund‐Developmental Services‐Plan Review ‐ 39,713 In Progress 12/31/2023 Public works 804 Plan Review 750.067 ‐ VTC 100‐82‐804 ‐ General Fund‐Developmental Services‐Plan Review 1,961,366 ‐ In Progress Ongoing ‐ completion date TBD Public works 804 Plan Review 750.105 ‐ CWP Revisit 5G 100‐82‐804 ‐ General Fund‐Developmental Services‐Plan Review 250,000 ‐ In Progress Ongoing ‐ completion date TBDPublic works 807 Service Center Administration 750.043 ‐ Office Reconfiguration 100‐83‐807 ‐ General Fund‐Service Center‐Service Center Administration 189,861 50,305 In Progress Ongoing annual project ‐ no completion date Public works 808 McClellan Ranch Park 750.025 ‐ Special Maintenance 100‐84‐808 ‐ General Fund‐Grounds‐McClellan Ranch Park 70,000 ‐ Completed Public works 808 McClellan Ranch Park 750.138 ‐ 4H Perimeter Fence Replacement 100‐84‐808 ‐ General Fund‐Grounds‐McClellan Ranch Park 30,000 24,600 Completed Public works 812 School Site Maintenance 750.025 ‐ Special Maintenance 100‐84‐812 ‐ General Fund‐Grounds‐School Site Maintenance 20,000 ‐ Not Started 6/30/2024 Dugout Roof Replacement Public works 813 Neighborhood Parks 750.074 ‐ Tot Lot Rubber Resurfacing 100‐84‐813 ‐ General Fund‐Grounds‐Neighborhood Parks 17,824 ‐ Completed Public works 813 Neighborhood Parks 750.141 ‐ Basketball Court Resurfacing 100‐84‐813 ‐ General Fund‐Grounds‐Neighborhood Parks 20,000 ‐ In Progress 12/31/2023 Public works 813 Neighborhood Parks 900.990 ‐ Special Projects ‐ PW 100‐84‐813 ‐ General Fund‐Grounds‐Neighborhood Parks 25,000 24,100 Completed Concrete replacement at Portal Park Public works 814 Sport Fields Jollyman CRK 750.140 ‐ Backflow Prevention Device Repl 100‐84‐814 ‐ General Fund‐Grounds‐Sport Fields Jollyman CRK 4,000 ‐ In Progress 6/30/2024 Public works 814 Sport Fields Jollyman CRK 750.141 ‐ Basketball Court Resurfacing 100‐84‐814 ‐ General Fund‐Grounds‐Sport Fields Jollyman CRK 10,000 ‐ In Progress 12/31/2023Public works 820 Sidewalk Curb and Gutter 750.020 ‐ Annual Sidewalk Curb & Gutter 270‐85‐820 ‐ Transportation Fund‐Streets‐Sidewalk Curb and Gutter 2,868,400 169,528 Not Started 6/30/2024 Work typically occurs Jan‐MayPublic works 821 Street Pavement Maintenance 900.921 ‐ Annual Asphalt Project 270‐85‐821 ‐ Transportation Fund‐Streets‐Street Pavement Maintenance 5,658,493 13,270 Not Started 6/30/2024 Work typically occurs spring‐fall Public works 824 Overpasses and Medians 750.194 ‐ Trench Work 100‐86‐824 ‐ General Fund‐Trees and Right of Way‐Overpasses and Medians 40,000 ‐ In Progress 6/30/2024 Public works 825 Street Tree Maintenance 750.235 ‐ CWP Tree List 100‐86‐825 ‐ General Fund‐Trees and Right of Way‐Street Tree Maintenance 60,000 ‐ In Progress 6/30/2024Public works 825 Street Tree Maintenance 900.911 ‐ Trees and Badges 100‐86‐825 ‐ General Fund‐Trees and Right of Way‐Street Tree Maintenance 16,263 ‐ In Progress Ongoing annual project ‐ no completion date Public works 827 Bldg Maint City Hall 750.144 ‐ Electrical Preventive Maint 100‐87‐827 ‐ General Fund‐Facilities and Fleet‐Bldg Maint City Hall 25,000 ‐ Not Started 6/30/2024 Public works 828 Bldg Maint Library 750.025 ‐ Special Maintenance 100‐87‐828 ‐ General Fund‐Facilities and Fleet‐Bldg Maint Library 45,000 ‐ Not Started 6/30/2024 HVAC Preventive Maint & Repair Public works 829 Bldg Maint Service Center 750.025 ‐ Special Maintenance 100‐87‐829 ‐ General Fund‐Facilities and Fleet‐Bldg Maint Service Center 40,000 ‐ In Progress 6/30/2024 $15 Roof Recoating, roof & gutter replacementPublic works 830 Bldg Maint Quinlan Center 750.025 ‐ Special Maintenance 100‐87‐830 ‐ General Fund‐Facilities and Fleet‐Bldg Maint Quinlan Center 85,000 ‐ Not Started 6/30/2024 Lobby security, Preschool counter & Floor Replacements Public works 831 Bldg Maint Senior Center 750.025 ‐ Special Maintenance 100‐87‐831 ‐ General Fund‐Facilities and Fleet‐Bldg Maint Senior Center 105,675 ‐ In Progress 6/30/2024 Roof Replacement, deck dry rot, AC replacement Public works 831 Bldg Maint Senior Center 900.945 ‐ Fixed Asset Acquisition 100‐87‐831 ‐ General Fund‐Facilities and Fleet‐Bldg Maint Senior Center 65,835 7,678 In Progress 6/30/2024 EMS Upgrade Public works 832 Bldg Maint McClellan Ranch 750.025 ‐ Special Maintenance 100‐87‐832 ‐ General Fund‐Facilities and Fleet‐Bldg Maint McClellan Ranch 101,347 ‐ In Progress 6/30/2024 4H & gift shop roof/gutter, milk barn & EEC painting Public works 834 Bldg Maint Wilson 750.025 ‐ Special Maintenance 100‐87‐834 ‐ General Fund‐Facilities and Fleet‐Bldg Maint Wilson 7,000 ‐ Not Started 6/30/2024 Snack shack gutter replacements Public works 836 Bldg Maint Sports Center 750.025 ‐ Special Maintenance 570‐87‐836 ‐ Sports Center‐Facilities and Fleet‐Bldg Maint Sports Center 50,494 ‐ In Progress 6/30/2024 Lighting improve, court refinishing, restroom partition, HVAC Public works 836 Bldg Maint Sports Center 750.157 ‐ Door Refinishing 570‐87‐836 ‐ Sports Center‐Facilities and Fleet‐Bldg Maint Sports Center 10,775 7,737 Completed Door refinishing 422
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FY 2023-24 First Quarter Special Projects Update
Public works 836 Bldg Maint Sports Center 900.990 ‐ Special Projects ‐ PW 570‐87‐836 ‐ Sports Center‐Facilities and Fleet‐Bldg Maint Sports Center ‐ ‐ Completed Restroom floor replacementPublic works 837 Bldg Maint Creekside 750.025 ‐ Special Maintenance 100‐87‐837 ‐ General Fund‐Facilities and Fleet‐Bldg Maint Creekside 12,000 ‐ In Progress 6/30/2024 Interior lighting improvements Public works 837 Bldg Maint Creekside 900.990 ‐ Special Projects ‐ PW 100‐87‐837 ‐ General Fund‐Facilities and Fleet‐Bldg Maint Creekside ‐ ‐ In Progress 6/30/2024 Interior lighting improvementsPublic works 841 BBF Facilities Maintenance 750.025 ‐ Special Maintenance 100‐87‐841 ‐ General Fund‐Facilities and Fleet‐BBF Facilities Maintenance 25,000 ‐ Not Started 6/30/2024 Blesch, Byrne and Stocklmeir Maintenance AllowancePublic works 841 BBF Facilities Maintenance 900.990 ‐ Special Projects ‐ PW 100‐87‐841 ‐ General Fund‐Facilities and Fleet‐BBF Facilities Maintenance ‐ 6,803 Completed Lifeguard floor replacement Public works 844 Traffic Engineering 750.040 ‐ Planned Transportation Project 100‐88‐844 ‐ General Fund‐Transportation‐Traffic Engineering 856,023 8,278 In Progress I‐280 Wolfe Improvement Project Public works 844 Traffic Engineering 750.061 ‐ Community Shuttle Pilot Program 100‐88‐844 ‐ General Fund‐Transportation‐Traffic Engineering 10,574 ‐ Completed Pilot Program ‐ complete Public works 844 Traffic Engineering 750.079 ‐ Adaptive Traffic Signaling 100‐88‐844 ‐ General Fund‐Transportation‐Traffic Engineering 18,443 12,473 Completed Public works 844 Traffic Engineering 750.163 ‐ VMT to LOS Standards 100‐88‐844 ‐ General Fund‐Transportation‐Traffic Engineering 130,000 ‐ In Progress No estimated completion date Public works 844 Traffic Engineering 750.219 ‐ CWP Bicycle Facilities 100‐88‐844 ‐ General Fund‐Transportation‐Traffic Engineering 50,000 ‐ Not Started No estimated completion date Public works 844 Traffic Engineering 750.231 ‐ SC Corridor Vision Study 100‐88‐844 ‐ General Fund‐Transportation‐Traffic Engineering 154,079 ‐ In Progress No estimated completion date Public works 844 Traffic Engineering 900.923 ‐ Apple Campus 2 100‐88‐844 ‐ General Fund‐Transportation‐Traffic Engineering ‐ ‐ Completed Public works 845 Traffic Signal Maintenance 750.079 ‐ Adaptive Traffic Signaling 100‐88‐845 ‐ General Fund‐Transportation‐Traffic Signal Maintenance ‐ 16,042 Completed Public works 845 Traffic Signal Maintenance 900.945 ‐ Fixed Asset Acquisition 100‐88‐845 ‐ General Fund‐Transportation‐Traffic Signal Maintenance ‐ 18,957 Completed Public works 846 Safe Routes 2 School 750.080 ‐ Pedestrian Education 100‐88‐846 ‐ General Fund‐Transportation‐Safe Routes 2 School 10,118 ‐ In Progress Ongoing ‐ no estimated completion date Public works 848 Street Lighting 900.990 ‐ Special Projects ‐ PW 100‐85‐848 ‐ General Fund‐Streets‐Street Lighting 230,000 ‐ Not Started July/Aug. 2024 Materials ordered work to be done March‐Aug 2024 Public works 853 Storm Drain Fee 750.062 ‐ Permeable Pavement 230‐81‐853 ‐ Env Mgmt Cln Crk Strm Drain‐Environmental Programs‐Storm Drain Fee 12,500 ‐ Completed Defunded by Council on 6/6/2023 Public works 853 Storm Drain Fee 750.063 ‐ Rainwater Capture 230‐81‐853 ‐ Env Mgmt Cln Crk Strm Drain‐Environmental Programs‐Storm Drain Fee 47,719 ‐ In Progress Ongoing annual project ‐ no completion date Public works 854 General Fund Subsidy 750.064 ‐ Low Income Cost Share 230‐81‐854 ‐ Env Mgmt Cln Crk Strm Drain‐Environmental Programs‐General Fund Subsidy 13,162 ‐ In Progress Ongoing Ongoing annual project ‐ no completion date Public works 854 General Fund Subsidy 750.065 ‐ CUSD Joint Use Cost Share 230‐81‐854 ‐ Env Mgmt Cln Crk Strm Drain‐Environmental Programs‐General Fund Subsidy 8,706 ‐ In Progress Ongoing Ongoing annual project ‐ no completion date Public works 855 Storm Drain Maintenance 900.945 ‐ Fixed Asset Acquisition 230‐81‐855 ‐ Env Mgmt Cln Crk Strm Drain‐Environmental Programs‐Storm Drain Maintenance 131,000 126,836 Completed Rovver storm drain camera Public works 985 Fixed Assets Acquisition 900.945 ‐ Fixed Asset Acquisition 630‐90‐985 ‐ Vehicle/Equip Replacement ‐Citywide ‐ Non Departmental‐Fixed Assets Acquisition 1,264,468 1,718 In Progress Ongoing annual project ‐ no completion date Recreation services 601 Rec & Comm Svcs Administration 750.098 ‐ CWP Senior Strategy 100‐60‐601 ‐ General Fund‐Administration‐Rec & Comm Svcs Administration 61,378 ‐ In Progress 6/30/2024 New project/GL 100‐60‐601 750‐241 Senior Services and Youth Engagement for $20K Recreation services 601 Rec & Comm Svcs Administration 750.164 ‐ CWP Dogs Off Leash Area 100‐60‐601 ‐ General Fund‐Administration‐Rec & Comm Svcs Administration 5,000 123 In Progress 6/30/2024Recreation services 601 Rec & Comm Svcs Administration 750.226 ‐ CWP Intergenerational Engagement 100‐60‐601 ‐ General Fund‐Administration‐Rec & Comm Svcs Administration ‐ 16 Completed Recreation services 621 Sports Center Operation 900.959 ‐ Windscreens 570‐63‐621 ‐ Sports Center‐Sports, Safety and Outdoor Rec‐Sports Center Operation 72,853 ‐ Completed 423
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Department Name of Grant Description of Grant Grant Amount Date
Applied
Date
Due
Status (Grant
Awarded,
Pending Results,
Grant Denied) Grant Amount Awarded Date Awarded
Administration Local Governments: Connecting Neighbors to Neighbors California Office of the Governor, CalVolunteers program funding for the Block Leader Program to hold events that expand networks of neighbors within the community
$222,233 6/16/2023 6/16/2023 Grant Awarded $222,233 7/17/2023 Administration/Public Works Community Decarbonization Engagement Grant Competitive grant for community engagement around decarbonization topics from SVCE
$100,000 4/1/2022 4/4/2022 Grant Awarded 111,500 2/2/2023 Community Development
Department
Santa Clara County Permanent Local Housing Allocation
(PLHA) Consortium
CA Dept of Housing & Community Development (HCD) $165,510 12/15/2021 12/30/2021 Grant Awarded to County PLHA
Consortium
$165,510 N/A
Community Development Santa Clara County Permanent Local Housing Allocation CA Dept of Housing & Community Development (HCD) $257,254 12/15/2021 12/30/2021 Grant Awarded to $257,254 N/A Community Development
Department
2020 Local Early Action Planning (LEAP) Grants Program CA Dept of Housing & Community Development (HCD) funding to accelerate progress of Housing Element towards state housing goals $300,000 7/1/2020 7/1/2020 Grant Awarded $300,000 10/6/2020 Information & Technology California Automated Permit Processing (CalAPP) Program Grant to enhance solar permitting applications. $60,000 3/13/2023 n/a Grant Awarded $60,000 4/4/2023 Information & Technology and
Community Development
Department
Dept. of Housing and Community Development Financial assistance for implementation of softwares that accelerate and streamline Housing Production
$310,000 3/20/2020 12/31/2022 Grant Awarded $310,000 3/24/2020 Public Works California Electric Vehicle Infrastructure Project Purchase and installation of EV charging infrastructure at publicly-owned sites ($4,500 per charging port)
$130,500 12/22/2020 12/22/2020 Funds Partially
Reserved
$130,500 10/27/2022
Public Works TIRCP (Transit and Intercity Rail Program) 5-year expansion of Via shuttle, including partnership with City of Santa Clara $8,465,000 3/3/2022 3/8/2022 Grant Awarded $8,465,000 7/11/2022 Public Works HSIP (Highway Safety Improvement Program) Improving safety at signalized intersections $2,005,900 9/12/2022 9/12/2022 Grant denied N/A N/A Public Works HSIP (Highway Safety Improvement Program) Improving safety on roadway segments $3,561,800 9/12/2022 9/12/2022 Grant Awarded $3,205,620 3/15/2023 Public Works HSIP (Highway Safety Improvement Program) Improving safety on roadway segments $4,450,200 9/12/2022 9/12/2022 Grant denied N/A N/A Public Works OBAG (One Bay Area Grant) Cycle 3 De Anza Blvd buffered bike lanes $500,000 7/27/2022 7/27/2022 Grant denied N/A N/A Public Works Safe Streets 4 All (SS4A) Bollinger Road road diet traffic analysis, outreach and engineering design $360,000 9/15/2022 9/15/2022 Pending Results N/A N/A Public Works Federal Community Project Funding Grant FY22 Funding for Cupertino Library Expansion project $1,000,000 3/25/2021 6/10/2022 Grant Awarded $1,000,000 N/A Public Works
Federal Community Project Funding Grant FY22
Funding for Jollyman All Inclusive Play Area $1,000,000 4/25/2022 6/10/2022 Grant Denied $1,000,000 N/A Public Works
State Specified Grant
Funding for Jollyman All Inclusive Play Area $1,000,000 3/17/2022 7/1/2022 Grant Awarded $1,000,000 N/A Public Works Funding for Jollyman All Inclusive Play Area $25,000 8/8/2022 9/1/2022 Grant Awarded $25,000 10/3/2022 Public Works Funding for Jollyman All Inclusive Play Area $1,440,000 10/10/2018 10/12/2018 Grant Awarded $1,440,000 5/13/2019 Public Works McClellan Road Bridge Reconstruction State Funding Grant $7,500,000 3/17/2022 7/1/2022 Grant Awarded $5,000,000 N/A Public Works TDA3 Funding for Tamien Innu (I-280 Trail)-East $1,015,022 12/1/2021 12/1/2021 Grant Awarded $1,015,022 5/25/2022 Public Works 2016 Measure B Capital Projects Funding for Tamien Innu (I-280 Trail)-East $920,978 12/1/2021 12/1/2021 Grant Awarded $920,978 11/12/2021 Public Works 2016 Measure B Capital Projects Funding for Tamien Innu (I-280 Trail)-Central $460,000 7/1/2020 7/1/2020 Grant Awarded $460,000 7/14/2020 Public Works 2016 Measure B Capital Projects Funding for Tamien Innu (I-280 Trail)-Central $3,725,000 7/1/2020 7/1/2020 Pending Results $3,725,000 N/A Public Works Sustainable Transportation Planning Grant Bollinger Road road diet traffic analysis, outreach and engineering design $318,707 3/14/2023 3/14/2023 Grant Denied N/A N/A Public Works 2016 Measure B Noise Abatement Program Funding for Tamien Innu (I-280 Trail)-Central $15,000 3/23/2023 3/31/2023 Grant Denied N/A N/A Public Works BPMP (Bridge Preventative Maintenance Program) Funding for recommended preventative maintenance on local roadway bridges $1,144,472 9/30/2020 N/A Grant Awarded $1,144,472 4/12/2023 Public Works HBP (Highway Bridge Program) Repairs to bridge 37C0011, SCB over Stevens Creek $688,000 10/5/2018 N/A Grant Awarded $688,000 10/12/2018 Public Works State of California Proposition 68 Funding for Wilson Park Basketball Court $214,549 12/6/2021 N/A Grant Awarded $214,549 1/21/2022 Public Works - Environmental
Programs Division
EPA Recycling Education and Outreach Improve the effectiveness of residential and community recycling and composting programs through public education and outreach. Increase collection rates and decrease contamination across the nation
$1,400,000 2/15/2023 2/15/2023 Denied N/A N/A
Public Works and Administration CalOES Hazard Mitigation Grant Program Project Subapplication
Cupertino Civic Center Plaza Microgrid study and construction $979,402 6/17/2021 6/17/2021 Grant Awarded N/A N/A Competitive Citywide Grants Tracking - FY24 First Quarter Update 424
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Department Name of Grant Description of Grant Grant Amount Date
Applied
Date
Due Staff Contact
Status (Grant
Awarded,
Pending Results,
Grant Denied) Grant Amount Awarded Date Awarded
Administration Energy Efficiency Community Block Grant EECBG funds for use in developing energy efficiency services or strategies, code enforcement, other uses
$139,518 N/A 28-Apr-23 Ursula Syrova and
Victoria Morin
Pending Results $139,518 Dates and exact amount not
yet known
Administration Reach Codes/Building Codes Silicon Valley Clean Energy grant to support reach codes development $10,000 3/18/2022 4/30/2022 Ursula Syrova and Victoria Morin
Grant Reserved $10,000 11/30/2022
Community
Development
Community Development Block Grant (CDBG) U.S. Dept of Housing & Urban Development (HUD) Federal Entitlement Allocation
412,800 8/26/2021 Annually:
6/30
Alec Vybiral Grant Awarded $412,800 2/25/2021
Community
Development
Department
Community Development Block Grant (CDBG) U.S. Dept of Housing & Urban Development (HUD) Federal Entitlement Allocation
$388,459 10/5/2022 Annually:
6/30
Alec Vybiral Grant Awarded $388,459 9/26/2022
Community
Development
Department
CDBG-CV CARES Act Funding U.S. Dept of Housing & Urban Development (HUD) Emergency COVID Allocation
$553,939 8/26/2021 6/30/2022 Alec Vybiral Grant Awarded $553,939 8/20/2021 Community
Development
Department
Santa Clara County Home Investment
Partnerships Program (HOME) Consortium
U.S. Dept of Housing & Urban Development (HUD) Federal Entitlement Allocation
$993,289 N/A Annually:
6/30
Alec Vybiral Grant Awarded to
County HOME
Consortium
$993,289 2/25/2021
Community
Development
Department
Santa Clara County Home Investment
Partnerships Program (HOME) Consortium
U.S. Dept of Housing & Urban Development (HUD) Federal Entitlement Allocation
$1,083,978 N/A Annually:
6/30
Alec Vybiral Grant Awarded to
County HOME
Consortium
$1,083,978 9/26/2022
Community
Development
Department
Regional Early Action Planning ( REAP)
Grants of 2021
CA Dept of Housing & Development (HCD) funding and technical assistance for implementation of sodtware to help streamline housing approvals
$52,613 11/1/2022 11/1/2022 Piu Ghosh Grant Awarded $52,613 12/1/2022 Public Works Bicycle/Pedestrian Education &
Encouragement
2016 Measure B $33,090 9/8/2022 N/A Cherie Walkowiak (or David Stillman?)
Grant Awarded $33,090 9/29/2022
Public Works Sustainable Infrastructure/Energy Resiliency Grant
To support energy resiliency capital improvements $255,798 6/29/2022 N/A Susan Michael or Chad Mosley
Grant Awarded $255,798 6/29/2022
Public Works CalRecycle SB 1383 Local Assistance Grant
Program - 2022 cycle
Grant program meant to provide aid in the implementation of regulation requirements associated with SB 1383.
$83,693 1/21/2022 2/1/2022 Ursula Syrova Grant Awarded $83,693 4/27/2022 Public Works CalRecycle Beverage Container Recycling
City/County Payment Program
Provide opportunities for beverage container recycling. Allowable uses include 2 staff attending annual CA Resource Recovery Association conference, water refill stations, and recycling receptacles. 14,812 Funds must be
expensed between
5/03/2022 - 4/1/2024
Annually:
dates vary
Ursula Syrova Grant Awarded $14,812 5/28/2021
Public Works CalRecycle Beverage Container Recycling
City/County Payment Program
Provide opportunities for beverage container recycling. Allowable uses include 2 staff attending annual CA Resource Recovery Association conference, water refill stations, and recycling receptacles.

Pending Pending Annually:
dates vary
Ursula Syrova Pending Pending Pending
Parks and Recreation Community Fourth of July Fireworks Events The County of Santa Clara allocates a total of $25,000 to sponsor up to two fireworks events in each of the five supervisorial districts ($5,000 per district). The County’s fireworks grant program, which was suspended for three years during the COVID-19 pandemic, returns for 2023. $5,000 3/15/2023 3/31/2023 Jacinta Liang Awarded $3,750 5/2/2023 Innovation and
Technology
California Automated Permit Processing
(CalAPP) Program
CalAPP is proving a one time grant for the nhancement of Solar permit applications
$60,000 2/15/2023 5/31/2027 Nidhi Mathur Grant Awarded $60,000 4/4/2023 Community Development Homeless Services and Supports A matching grant of $50,000 for the City of Cupertino, which currently funds several assistance programs for unhoused residents. These programs include Haven to Home, a program run by West Valley Community Services that offers bus passes, laundry quarters, hygiene kits, foods assistance, and other forms of assistance, as well as a Rotating Safe Car Park program that serves Saratoga and Cupertino and is operated by Amigos de Guadalupe and West Valley Community Services. Current funding for these programs exceeds $50,000, satisfying the match requirement. In Cupertino, funding may be used to support ongoing efforts and/or for new initiatives to address additional needs among unhoused residents. Specific use of the funding will ultimately be determined by the local jurisdictions, which will both provide the Clerk of the Board’s Office and sponsoring Supervisorial District’s office with a summary of the number of individuals served and services provided at the end of the grant period.
$50,000 10-May-23 10-May-23 Thomas Chin, Alec
Vybiral
Awarded $50,000 10-May-23
Public Works CalRecycle SB 1383 Local Assistance Grant
Program - 2023 cycle
Grant program meant to provide aid in the implementation of regulation requirements associated with SB 1383. 116,401.00$ 11/15/2023 Ursula Syrova, Steven
Hirsch
Non-Competitive Citywide Grants Tracking - FY24 First Quarter Update 425
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CIP PROJECT UPDATE November 13, 2023
Program Overview, Accomplishments & Status
The Capital Improvement Program (CIP) Administration Division provides design and construction administration for all capital improvement projects including streets, sidewalks, storm drainage, buildings, parks, bicycle and pedestrian improvements and other public facilities.

The Division ensures that all public improvements are designed and constructed in accordance with community expectations and City standards. The Division places safety of the public, City employees, and workers as the highest priority in the delivery of capital projects.

Q1 - FY2023 – 2024 (July - September 2023)
Status of Current CIP Projects
The categories below directly correlate to the categories in the FY23-28 CIP Schedule. Furthermore, the projects are color-coded to illustrate the type of project. These ‘types’ are somewhat intuitively, rather than effectively ascribed to the projects, as many projects would fall into multiple categories.

Facilities related CIP Projects (orange) – 6 active projects, 1 queued Streets and Grounds related CIP Projects (red) – 5 active projects, 2 completed Traffic, Bike and Pedestrian related CIP Projects (blue) – 5 active projects, 1 queued Parks and Recreation System related CIP Projects (green) - 6 active projects, 3 completed Total: 22 active projects, 5 completed, 2 queued (on hold).

ACTIVE PROJECTS
Project Title Description Current
Phase
Scheduled
Completion
Status/Notes
DeAnza Blvd
Buffered Bike
Lanes
Restripe De Anza Blvd to
include a painted buffered
zone between the existing
bike lane and the vehicle
lanes.

Bid Summer
2024
Construction will be
posted for public bid
process once grant
funding is secured.
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Cupertino City CouncilNovember 21, 2023

Cupertino City Council
November 21, 2023