Cupertino City Council
April 16, 2024

Design
Professional
City Project
Manaaer
Design Services - Revised Contract Amount $ 322,284.00
Council Approval Needed? No
Reviewed By:~S-ta_v_e_La_n_g ___________________ _
Date:_ 2/22/2022
Reviewed By:~L-is_a_c_a_m_e_n ___________________ --1
Date: _ 2/22/2022
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CITY OF
a

DESIGN PROFESSIONAL SERVICES AGREEMENT (SINGLE)

WITH MIG, INC

CUPERTINO

1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation ("City"), and MIG, Inc ("Consultant"), a Corporation for Completion of the Lawrence-Mitty Park and Trail Master Plan ("Project"), and is effective on the last date signed below ("Effective Date").

2. SERVICES

2.1 Basic Services. Consultant agrees to provide the Basic Services for the Project, which are set forth in detail in the Scope of Services, attached here and incorporated as Exhibit A, and as further specified in Consultant's written Proposal as approved by City, except for any provision in the Proposal which conflicts or is inconsistent with this Agreement and the Exhibits hereto, or as otherwise expressly rejected by City. Consultant further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19.

2.2 Additional Services. City may request at any time during the Contract Time that Consultant provide additional services for the Project, which are not already encompassed, expressly or implicitly, in the Agreement, the Scope of Services, or the Proposal ("Additional Services") . Additional Services must be authorized in writing by City and Consultant will not be paid for unauthorized Additional Services rendered. Additional Services are subject to all the provisions applicable to Basic Services, except and only to the extent otherwise specified by City in writing.

All references to "Services" in the Agreement include Basic Services and Additional Services, unless otherwise stated in writing. The Services may be divided into separate sequential tasks, as further specified in this Agreement, the Scope of Services, and Consultant's Proposal.

Consultant is solely responsible for its errors and omissions and those of its subconsultants, and must promptly correct them at its sole expense. Consultant must take appropriate measures to avoid or mitigate any delay, liability, and costs resulting from its errors or omissions.

3. TIME OF PERFORMANCE

3.1 Term. This Agreement begins on the Effective Date and ends on December 31, 2023, unless terminated earlier as provided herein ("Contract Time"). 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. All Services must be provided within the times specified in Exhibit B, Schedule of Performance, attached and incorporated here. Consultant must promptly notify City of any actual or potential delay in providing the Services as scheduled to afford the Parties adequate opportunity to address or mitigate delays. If the Services are divided by tasks, Consultant must begin Completion of the Lawrence-Mitty Park and Trail Master Plan 1 of 11
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work on each separate task upon receiving City's Notice to Proceed ("NTP") , and must complete each task within the time specified in ExhibitB.

3.3 Time is of the essence for the performance of all the Services. Consultant must have sufficient time, resources, and qualified staff to deliver the Services on time.

4. COMPENSATION

4.1 Maximum Compensation. City will pay Consultant for satisfactory performance of the Basic Services and Additional Services, if approved, a cumulative total amount that will be capped so as not to exceed $293,784.00 ("Contract Price"), as specified in Exhibit C, Compensation, attached and incorporated here. The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant's actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price.

4.2 Basic Services. City will pay Consultant $293,784.00 ("Lump Sum Price") for the complete and satisfactory performance of the Basic Services in accordance with Exhibit C. The Lump Sum Price is inclusive of all time and expenses, including, but not limited to, sub-Consultants' costs, materials, supplies, equipment, travel, taxes, overhead, and profit. If the Basic Services are not fully completed, Consultant will be compensated a percentage of the Lump Sum Price proportionate to the percentage of Basic Services that were completed to City's reasonable satisfaction.

4.3 Additional Services. City has the discretion, but not the obligation, to authorize Additional Services up to an amount not to exceed $0.00 Additional Services provided to City's reasonable satisfaction will be compensated on a lump sum basis or based on time and expenses, in accordance will the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. If paid on an hourly basis, Consultant will be compensated for actual costs only of normal business expenses and overhead, with no markup or surcharge ("Reimbursable Expenses"). Consultant will not be entitled to reimbursement for copying, printing, faxes, telephone charges, employee overtime, or travel to City offices or to the Project site.

4.4 Invoices and Payments. Monthly invoices must describe the Services completed and the Amount due for the preceding month. City will pay Consultant within thirty (30) days following receipt of a properly submitted and approved invoice for Services. The invoice must separately itemize and provide subtotals for Basic Services and Additional Services, and must state the percentage of completion for each task, as specified in Exhibit C. City will notify Consultant in writing of any disagreements with the invoice or the stated percentage of completion of tasks. If the disagreement is unresolved, City will pay Consultant only for the undisputed portion of the Services. Disputed amounts shall be subject to the Dispute Resolution provision of this Agreement. a. Time and Expenses. For Additional Services provided on an hourly basis, each invoice must also include, for each day of Services provided: (i) name and title of each person providing Services; (ii) a succinct summary of the Services performed by each person; (iii) the time spent per person, in thirty (30) minute increments; (iv) the hourly billing rate or Sub- Consultant charge and payment due; and (v) an itemized list with amounts and explanation for all permitted reimbursable expenses.

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5. b. Rates and Receipts. All hourly rates and reimbursable expenses must conform to the City- approved rates set forth in Exhibit C, which will be in effect for the entire Contract Time. Each invoice must attach legible, dated receipts for Reimbursable Expenses.

INDEPENDENT CONTRACTOR

5.1 Status. Consultant is an independent Consultant and not an employee, partner, or joint venture of the City. Consultant is solely responsible for the means and methods of performing the Services and shall exercise full control over the employment, direction, compensation and discharge of all persons assisting Consultant in performing the Services. Consultant is not entitled to health benefits, worker's compensation, retirement, or any City benefit.

5.2 Qualifications and Standard of Care. Consultant represents on behalf of itself and its sub­ Consultants that they have the qualifications and skills to perform the Services in a competent and professional manner, as exercised by design professionals performing similar services in the San Francisco Bay Area. Services may only be performed by qualified and experienced personnel or subconsultants who are not employed by City and do not have any contractual relationship with City excepting this Agreement. All Services must be performed as specified to City's reasonable satisfaction.

5.3 Permits and Licenses. Consultant warrants on behalf of itself and any sub-Consultants that they are properly licensed, registered, and/or certified to perform the Services, as required by law, and that they have procured a valid City Business License, if required by the Cupertino Municipal Code.

5.4 Sub-Consultants. Unless prior written approval from City is obtained, only Consultant's employees and sub-Consultants whose names are included in this Agreement and incorporated Exhibits may provide Services under this Agreement. Consultant must require all sub-Consultants to furnish proof of insurance for workers' compensation, commercial liability, auto, and professional liability in reasonable conformity to the insurance required of Consultant. The terms and conditions of this Agreement shall be binding on all sub-Consultants relative to the portion of their work.

5.5 Tools, Materials, and Equipment. Consultant will supply and shall be responsible for all tools, materials, and equipment required to perform the Services under this Agreement.

5.6 Payment of Benefits and Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Consultant and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Consultant shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Consultant'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 Consultant. 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 Consultant, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Consultant agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City Completion of the Lawrence-Mitty Park and Trail Master Plan 3 of 11
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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.

5.7 Errors and Omissions. Consultant is solely responsible for its errors and omissions and those of its sub-Consultants, and must take prompt measures to avoid, mitigate, and correct them at its sole expense.

6. PROPRIETARY /CONFIDENTIAL INFORMATION
During the Contract Time, Consultant 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. Consultant shall hold in confidence all City information and use it only to perform this Agreement. Consultant shall exercise the same standard of care to protect City information as a reasonably prudent Consultant would use to protect its own proprietary data.

7. OWNERSHIP OF MATERIALS

7.1 Property Rights. Subject to City meeting its payment obligations for the Services, any interest (including copyright interests) of Consultant in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium, prepared by Consultant under this Agreement ("Work Product"), 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 a third-party without prior written approval by City

7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all copyrights to the Work Product prepared/created by Consultant and its sub-Consultants and all copyrights in such Work Product shall constitute City property. If it is determined under federal law that the Work Product is not "works for hire," Consultant hereby assigns to City all copyrights to the Work Product when and as created, and shall require sub-Consultants to do the same. Consultant may retain copyrights to its standard details, but hereby grants City a perpetual, non-exclusive license to use such details.

7.3 Patents and Licenses. Consultant 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 Consultant and its sub-Consultants to execute or implement any of the following, but Consultant shall not be responsible or liable for City's re-use of Work Product:
(a) For work related to the original Services for which Consultant was hired; (b) To complete the original Services with City personnel, agents or other Consultants; (c) To make subsequent additions to the original Services; and/or (cl) For other City projects.

7.5 Deliverables and Format. Electronic and hard copies of the Work Product constitute part of the Deliverables required under this Agreement, which shall be provided to City on recycled paper and copied on both sides, except for one single-sided original. Large-scale architectural plans and similar Completion of the Lawrence-Mitty Park and Trail Master Plan 4 of 11
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items must be in CAD and PDF formats, and unless otherwise specified, other documents must be in Microsoft Office applications and PDF formats.

8. RECORDS

8.1 Consultant must maintain complete, accurate, and detailed accounting records relating to the Services and Compensation, in accordance with generally accepted accounting principles and procedures. The records must include detailed information about Consultant's performance, benchmarks, and deliverables. The records and supporting documents must be kept separate from other files and maintained for a period of four ( 4) years from the date of City's final payment.

8.2 Consultant will provide City full access to Consultant's books and records for review and audit, to make transcripts or copies, and to conduct a preliminary examination of all the work, data, documents, proceedings, and activities related to this Agreement. If a supplemental examination or audit of Consultant's records discloses non-compliance with appropriate internal financial controls, a contract breach, or a failure to act in good faith, City will be entitled to recover from Consultant the costs of the supplemental examination. If this is a lump sum fee Agreement, City will be provided access to records of reimbursable expenses and the instruments of service/deliverables for review and audit. This Section 8 survives the expiration/termination of this Agreement.

8.3 Consultant acknowledges that certain documents generated or received by Consultant in connection with the performance of this Agreement, including but not limited to correspondence between Consultant and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Consultant 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
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Consultant as a legal entity will be considered an Assignment subject to City approval, which shall not be unreasonably withheld. For purposes of this provision, control means fifty percent (50%) or more of the voting power of the business entity. This Agreement binds Consultant, its heirs, successors and assignees.

10. PUBLICITY/ SIGNS
Any publicity generated by Consultant for the project under this Agreement, during the term of this Agreement and for one (1) 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 Agreement, 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 or active Completion of the Lawrence-Mitty Park and Trail Master Plan 5 of 11
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negligence or willful misconduct of City personnel, Consultant agrees to indemnify, defend, and hold harmless the City as follows:
a. Indemnity for Design Professional Liability: With respect to the performance of design professional services by a design professional as defined in California Civil Code Section 2782.8, to the fullest extent permitted by law, Consultant shall indemnify and hold harmless City, its officers, officials, agents, employees, and volunteers (collectively and/or individually "City") from and against any and all liabilities, claims, damages, losses, costs, or expenses (including, without limitation, costs, attorneys' fees, and expert fees of litigation and alternative dispute resolution) of every nature to the extent arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, servants, agents, or subcontractors (collectively and/or individually "Consultant"), in the performance of this Agreement or failure to comply with any obligations of the Agreement. If it is finally determined (through a non-appealable judgment or an agreement between City and Consultant) that liability is caused by the comparative negligence or willful misconduct of City, then Consultant's indemnification and hold harmless obligation shall not exceed Consultant's finally determined percentage ofliability based upon the comparative fault of Consultant.

Irrespective of any language to the contrary in this Agreement, the Consultant has no duty to provide or to immediately pay for an up-front defense of City against unproven claims or allegations, but shall reimburse those litigation costs and expenses (including, without limitation, attorneys' fees, and expert fees) incurred by the City to the extent caused by the negligence, recklessness, or willful misconduct of Consultant. In no event shall the cost to defend charged to Consultant exceed Consultant's proportional percentage of fault, except as described in Section 2782.8(a) and (e) of the California Civil Code.
b. Claims Involving Intellectual Property. Consultant shall indemnify, defend, and hold harmless Indemnitees from and against any claim involving intellectual property, infringement, or violation of a United States patent right or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights, which arises out of, pertains to, or relates to Consultant's negligence, recklessness, or willful misconduct. Such costs and expenses will include reasonable attorney fees for legal counsel of City's choice, expert fees, and all other costs and fees of litigation.
c. Claims for Other Liability. Except as provided in subsections 11.1 ( a) and (b ), to the fullest extent permitted by law, Consultant shall hold harmless, defend (with counsel agreed to by City), and indemnify City and its officers, officials, agents, employees, and volunteers ( collectively and/or individually "City") from and against any and all liability, claim, loss, damage, expense, costs (including, without limitation, costs, attorneys' fees, and expert fees oflitigation) of every nature arising out of, related to, or in connection with the performance of work hereunder by Consultant or any of its officers, employees, servants, agents, or subcontractors, or the failure of the same to comply with any of the obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or sole willful misconduct of the City.

Consultant's duty to defend applies immediately, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend as stated herein.

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11.2 Consultant will assist City, at no additional cost, in the defense of any claim, dispute, or lawsuit arising out of this Agreement. Consultant's duties herein are not limited to or subject to the Contract Price, to Workers' Compensation claims, or to the Insurance or Bond limits and provisions.

Nothing in this Agreement shall be construed to give rise to an implied right of indemnity in favor of Consultant against any Indemnitee.

11.3 Consultant agrees to pay the reasonable costs City may incur in enforcing this provision related to Consultant's indemnification duties, including reasonable attorney fees, fees for legal counsel acceptable to City, expert fees, and all other costs and expenses related to a claim or counterclaim, a purchase order, another transaction, litigation, or dispute resolution. Without waiving any rights, City may deduct money from Consultant's payments to cover moneys due to City.

11.4 Consultant 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 Consultant 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.

11.5 This Section 11 shall survive expiration or termination of this Agreement.

12. INSURANCE
On or before the Contract Time commences, Consultant shall furnish City with proof of compliance with City Insurance Requirements, attached and incorporated here as Exhibit D. City will not execute the Agreement until Consultant has submitted and City has reasonably approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Alternatively, City may terminate this Agreement or in its sole discretion purchase insurance at Consultant's expense and deduct costs from payments to Consultant.

13. COMPLIANCE WITH LAWS

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

13.2 Labor Laws. Consultant shall comply with all labor laws applicable to this Agreement. If the Services include a "public works" component, Consultant must comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. To the extent applicable, Consultant must comply with City's Labor Compliance Program and with state labor laws pertaining to working days, overtime, payroll records and DIR Registration and Oversight. If the Contract Price is $30,000 or more, Consultant must comply with the apprenticeship requirement in Labor Code Section 1777.5.

13.3 Discrimination Laws. Consultant 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. Consultant shall comply with all anti-discrimination laws, including Completion of the Lawrence-Mitty Park and Trail Master Plan 7 of 11
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Government Code Section 12900 and 11135, and Labor Code Section. 1735, 1777, and 3077.5.

Consistent with City policy prohibiting it, Consultant understands that harassment and discrimination by Consultant or any of its sub-Consultants toward a job applicant, an employee, a City employee, or any other person is strictly prohibited. Consultant agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.

13.4 Conflicts of Interest. Consultant shall comply with all conflict of interest laws and regulations applicable to this Agreement and must avoid any conflict of interest. Consultant 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. Consultant may be required to file a conflict of interest form if Consultant makes certain governmental decisions or serves in a staff capacity, as provided in Section 18700 of Title 2 of the California Code of Regulations and other laws. Services may only be performed by persons who are not employed by City and who do not have any contractual relationship with City, with the exception of this Agreement. Consultant is familiar with and agrees to abide by the City's rules governing gifts to public officials and employees.

13.5 Remedies. A violation of this Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating this Agreement. City reserves all its rights and remedies under law and this Agreement, including the right to seek indemnification under Section 11. Consultant agrees to indemnify, defend, and hold City harmless from and against any loss, liability, and expenses arising from noncompliance with this Section.

14. PROJECT COORDINATION

14.1 City Project Manager. The City's Project Manager for all purposes under this Agreement will be Lisa Cameli, who shall have the authority to manage this Agreement and oversee the progress and performance of the Services. City in its sole discretion may substitute another Project Manager at any time and will advise Consultant of the new representative.

14.2 Consultant Project Manager. Subject to City's reasonable approval, Consultant's Project Manager for all purposes under this Agreement will be Steven Lang, who shall be the single representative for Consultant with the authority to manage compliance with this Agreement and oversee the progress and performance of the Services. This includes responsibility for coordinating and scheduling the Services in accordance with City instructions, service orders, and the Schedule of Performance, and providing regular updates to the City's Project Manager on the Project status, progress, and any delays. City written approval is required prior to Consultant substituting a new Project Manager, which shall result in no additional costs to City or Project delays.

15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project with thirty (30) calendar days written notice to Consultant.

Consultant 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. No close out work shall be conducted without City reasonable approval of closure costs, which may not exceed ten percent (10%) of the total time expended to the date of abandonment. All charges including job closure costs will be paid in accordance with the provisions of this Agreement and within thirty (30) days of Consultant's final invoice reasonably approved by the City.

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16. TERMINATION
City may terminate this Agreement for cause or without cause at any time, following reasonable written notice to Consultant at least thirty (30) calendar days prior to the termination date. Consultant will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Consultant closes out the Services and delivers all Work Product to City. All charges approved by City including job closure costs will be paid within thirty (30) days of Consultant's final invoice.

17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California, excepting any choice of law rules which may direct the application oflaws of another jurisdiction. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California.

Consultant must comply with the claims filing requirements under the Government Code prior to filing a civil action in court against City. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement ( or the successors of those authorities). If a dispute arises, Consultant 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. This Section 18 survives the expiration/termination of this Agreement.

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 any breach shall not be deemed to constitute waiver of another term, provision, covenant, or condition or a subsequent breach, whether of the same or a different character

21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of the Parties, of every kind or nature, and supersedes any and all other agreements and understandings , either oral or written, between them. 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 this 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 .

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22. INSERTED PROVISIONS
Each contractual provision or clause that may be required by law is deemed to be included and will be inferred in this Agreement. Either party may request an amendment to cure any mistaken insertion or omission of a required provision .

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.

25. SURVIVAL
All provisions which by their nature must continue after the Agreement ends, including without limitation those referenced in specific Sections herein, survive this Agreement and shall remain in full force and effect.

26. NOTICES
All notices, requests, and approvals must be sent to the persons below in writing to the persons below, and will be considered effective on the date of personal delivery, the delivery 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:Lisa Cameli
Email: [email protected]

27. EXECUTION
To Consultant:

MIG, Inc
2055 Junction Ave, Suite 205
San Jose, CA 95131
Attention: Steven Lang
Email: [email protected]
The person executing this Agreement on behalf of Consultant represents and warrants that Consultant has the right, power, and authority to enter into this Agreement and carry out all actions herein, and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Consultant. 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.

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IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the Effective Date stated earlier in this Agreement.

CITY OF CUPERTINO
A Municipal Corporation
By Du2,;f,;U 7il,~,.,
Name Dianne Thompson (she/her)
Title Acting City Manager
Date Dec 9, 2021
APPROVED AS TO FORM:

CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:

KIRSTEN SQUARCIA
City Clerk
Date Dec 9, 2021

MIG,INC
~}~ By ___________ _
Name Chris Beynon
Title Vice President/Chief Development Officer
Date Nov 24, 2021
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Lawrence Mitty Park and Trail Master Plan, Cupertino, CA Scope of Work
November 17, 2021

EXHIBIT A
MIG has prepared the following Scope of Work to illustrate how we will facilitate successful completion of the Lawrence Mitty Park and Trail Master Plan project. This scope captures and clarifies assumptions of the tasks incorporated in the attached Fee Proposal spreadsheet. The details are based on our understanding of the project requirements stated in the City of Cupertino's ("the City") Lawrence Mitty Park and Trail Master Plan RFO, dated August 12,2021, and Addenda. In the t asks listed below, meetings are expected to be virtual except when noted otherwise. Meeting notes allow for one set of revisions to incorporate City input per meeting notes.

Project Understanding
The City wishes to develop a Park and Trail Master Plan for the Lawrence-Mitty site ("Master Plan"), located on the east side of Cupertino between the Lawrence Expressway and Saratoga Creek, as shown in the RFO. The purpose of the Master Plan is to determine how to best meet the future recreation, trail, and open space needs of citizens through enhancement of the site. Additionally, there is the intent to connect the Saratoga Creek Trail through the Lawrence-Mitty site to San Jose and Santa Clara to the North. The Master Plan process will result in a conceptual design for a premier park with recreat ion activities that will attract and accommodate all residents. The City envisions a destination that provides all ages, but especially children, with a memorable experience of outdoor play, exercise, and educational opportunities while providing much-needed open space to the east side of Cupertino, which is underserved in terms of park space and recreational opportunity. The resulting Master Plan will also provide an exciting and inviting space for all age groups through an extension of the Saratoga Creek walking and biking trail.

The comprehensive Master Plan will provide technical analysis of the site as described below, identify community values and needs, align with the City's 2020 Parks and Recreation System Master Plan and result in a ready-to­ implement vision for the Lawrence Mitty park site. The City Council-approved conceptual design and report will be used to guide future recreational and programmatic decisions and capital improvement planning for the site.

PHASE 1 -EXISTING CONDITIONS AND TECHNICAL ANALYSIS

1.1 Project Kick-Off Meeting and Work Plan
The project kick-off meeting will include City staff, MIG's Project Manager (PM). and key personnel within each designated specialty to discuss design objectives, issues. and a draft work plan . Following the kick-off, MIG will develop a detailed work plan with roles. responsibilities, and schedule; prepare a data request; and coordinate a site visit.

Deliverables:
■ Kick-off Agenda
■ Kick-off Notes
■ Draft Work Plan and Schedule
■ Final Work Plan and Project Schedule (PDF)
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EXHIBIT A

1.2 Community Engagement Initial Planning
MIG will review existing input from the 2020 Parks and Recreation System Master Plan and 2017 community site walk.

We will collaborate with City staff to identify stakeholders and prepar e for outreach.

Deliverables :
• Communications Plan including schedule (PDF, Draft and Final)

1.3 Evaluate Existing Conditions Information
The MIG Team will review existing conditions information and additional background documents noted in the RFO.

BKF will evaluate existing utilities and easements, hydrologic information. and adequate survey info, and alert the City if there is a need for any additional information .

Deliverables :
• Summary report of site-specific findings and jurisdictional regulations that may impact or influence the final conceptual design for the Master Plan including specifics per the RFQ. ■ Summary of how the proposed Master Plan conforms to Citywide Parks Goals and Regulations as we ll as requirements of other jurisdictions .
■ Summary of review of existing ATLA/NSPS Land Survey and verification of site improvement and topo accuracy or statement of inconsistencies with fee proposal for corrections. ■ Summary of the MIG Team's research and understanding of existing on-site and adjacent utilities, easements, and hydrologic information. Includes assessment of any potential impacts on site design concepts .

1.4 Team Site Tour
In collaboration with City staff. the MIG Team will meet at the site to walk the park and trail, observing specific concerns and discussing questions.

Deliverables :
• Meeting notes from Site Tour

1.5 Transportation Study
Hexagon Transportation Consultants will prepare a short vehic le miles travelled (VMT) project screening memo to describe how the project would be screened out of a full VMT analysis under the City's criteria. Hexagon will also analyze the potential multi-modal/pedestrian safety impacts of the park and trail project.

Deliverables :
■ VMT Screening and Multimodal/Pedestrian Safety Impacts Memo

1.6 Phase I ESA Update and Phase II Investigation
Cornerstone will prepare a Phase I Environmental Site Assessment (ESA) Update . a Phase II Soil Quality Evaluation, and a Health and Safety Plan for personnel conducting earthwork activities at the site prior to the initiation of the Phase II soil sampling . Meeting attendance will be charged on a time and materials basis.

Deliverables:
■ Meeting Notes from meeting documenting approach and decisions for further environmental analysis. ■ Summary of full review of existing Environmental Reports for the site. ■ List of any proposed additional testing locations and purpose of sampling ■ Draft and Final Phase II Environment al Site Assessment Report for City review and approval ■ Completion of a Phase Ill ESA if requested by the City and recommended in the Phase II ESA (Scope and fee to be negotiated after Phase II ESA is complete)
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1.7 Acoustical Assessment for Noise Reduction
MIG will prepare a technical noise report that summarizes the existing ambient noise environment at the project site {based on measurements and modeling results). the ambient environment that could exist under three different sound attenuation options at the site, and preliminary recommendations for recreation options based on reduced noise levels. Ml G's approach to completing the noise report (i.e., the protocol) will be summarized in a technical memorandum for City approval after MIG has discussed various modeling options with the City during a kick-off call.

Noise reduction measures will be integrated into the final conceptual design and final Master Plan report.

Deliverables :
■
■
■
Technical noise memorandum for protocol for review and acceptance (within two weeks of kick-off call) Draft Noise Report (PDF, within five weeks of protocol approval) Final Noise Report

1.8 Biological Resources Report
MIG biologists will prepare a stand-alone Biological Resources Report that will include a Jurisdictional Delineation.

These reports will be used to inform the project design and as supporting documentation for the CEQA analysis and any future resource agency permits that may be required for the project.

Deliverables :
■ Biological Resources Report
■ Jurisdictional Delineation

1.9 Tree Survey and Condition Assessment
SBCA Tree Consulting will perform an assessment of on-site trees including an evaluation of tree size and health, tree site location, identification of structural defects. pruning needs, and pests. Work will include one (1) pre-inventory meeting with the City Project Manager and Arborist.

Deliverables :
■
■
■
Draft and final copy of proposed tree inventory methodology and attributes to be collected for City review and approval.

One (1) PDF copy and one (1) AutoCAD version 2019 or newer copy of tree survey overlayed onto the existing 2020 topographic survey within the project area at 1"= 20' scale.

One (1) PDF of Arborist Report on trees, potential construction impacts and recommendations to be integrated into the final Master Plan Report.

1.10 Site Environmental Summary Report
MIG, along with consultant expertise, will synthesize findings into an Environmental Summary Report (to include a brief summary of all of the above reports) and Opportunities and Challenges Diagrams for use in future community meetings.

Deliverables:
■ Environmental Summary Report (PDF)
■ Opportunities and Challenges Diagrams (PDF)

1.11 City Meeting: Review Phase I Findings
The City and MIG will meet to review technical analysis and findings. We will also discuss emerging site possibilities and the team's approach to community input moving forward .

1.12 Phase 1 City Coordination and Project Management
MIG's PM and the City will hold weekly update calls with additional project team members attending periodically. 3 279
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Deliverables:
■ Meeting Notes highlighting key decisions
PHASE 2 - COMMUNITY VISION

2.1 Public Survey and Analysis
Initial planning for the survey will occur early in Phase 1. At that time the City and MIG will discuss the workplan and confirm if this survey may launch before the technical analysis is 100% complete. MIG will develop the public internet survey, along with graphics for print materials for use by the City to distribute by US Mail. MIG will also provide additional advice on outreach and publicity to reach nearby residents, and will develop a poster or a street decal with a OR code to be posted in and around the project area. The City will assist with placing posters. MIG will compile results from the survey in an easy-to-digest analysis for the City. The City and MIG will meet to review findings and inform next outreach steps.

Deliverables :
■
■
■
■
■
■
■
Updated Communications Plan including schedule
Draft Community Survey for City staff comment
Final Community Survey to be distributed to the public
Development of poster or street decal with OR code to publicize survey Outreach advice on reaching neighbors regarding the survey Survey Analysis
Meeting Notes highlighting key decisions and next steps

2.2 Develop Graphics and Outreach Tools
Using the knowledge gained from Phase 1 and the public survey, MIG will develop graphics and tools for community input. We will summarize important site information from Phase 1 for the community and elicit feedback in multiple ways. Methods will be determined in collaboration with the City and may include options such as interact ive polling, shared Mural boards, and breakout groups, along with printed materials for in-person feedback.

Deliverables:
■ Draft Graphics for Review (PDF)
■ Final Graphics (PDF for one zoom meeting, large-size prints for one on-site open house)

2.3 Community Meetings (2)
MIG will organize and present at two (2) community meetings to solicit additional input on the community's interests , clarify community priorities, and to help guide development of the three design alternatives . To encourage more input and respond to both the pandemic and varying schedules, we propose one meeting via Zoom and one outdoor in-person casual open-house event/site tour starting at Sterling-Barnhart Park, to allow the community to walk the currently fenced site.

Deliverables :
■ Two (2) Community Meeting Agendas & Presentations

2.4 Community Pop-Up Events (2)
MIG will organize and present at two (2) commun ity pop-up events to solicit addit ional input from key stakeholder groups identified earlier in Phase 1. Examples include a table at a Farmer's Market or School , joining a neighborhood block meeting , or similar style event. The intent of thes e events is to solicit input from additional park users, or future users, by goin g to them .
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Deliverables :
• Printed materials for Two (2) Community Pop-Ups

2.5 Synthesize Community Vision Results
Community meeting results, along with survey input , will be compiled by MIG into a summary report for review by the City and for use in upcoming Commission/Council presentations. MIG and the City will meet to review results and inform next steps.

Deliverables:
• Analysis and Synthesis Report of public survey and meeting findings • Meeting Notes highlighting key decisions and next steps

2.6 Commissions and City Council Presentations: Initial Meeting MIG will prepare slideshows and present to the Parks and Recreation Commission, the Bicycle-Pedestrian Commission, Planning Commission, and City Council to receive feedback . The presentation will include a summary of input and priorities from the community meetings and survey responses .

Deliverables:
• Prepare draft slideshow presentation for City approval • Parks and Recreation Commission Agenda, Presentation, and Report • Planning Commission Agenda, Presentation, and Report
• Bicycle-Pedestrian Commission Agenda , Presentation, and Report • City Council Study Session Presentation and Report

2.7 Develop Recommended Improvements and Programming
Incorporating community input and comments from the Commissions and Council , the MIG Team will develop a set of recommended improvements and programming for the Lawrence-Mitty site. The City and MIG will meet to review the recommendations and consider directions for the three alternatives .

Deliverables :
• Written Recommendations for Improvements and Programming • Meeting Notes highlighting key decisions and next steps

2.8 Phase 2 City Coordination and Project Management
MIG's PM and the City will hold weekly update calls with additional project team members attending periodically .

Deliverables:
• Meeting Notes highlighting key decisions
PHASE 3 - CONCEP TUAL DESIGN ALTERNATIVES

3.1 Develop Concept Alternatives and Costs
The MIG Team will create three (3) rough draft alternatives for initial review by the City that utilize planning studies and reports and incorporate commu nity input , feedback from the City, and comments from the commission /council reviews. MIG will incorp orate the City's consolidated input to finalize three (3) final alternatives for presentation to the communit y and prepare a rough order of magnitude cost estimate for each. Each Conceptual Design Alternati ve will include a color ed plan with callouts for program elements. Precedent images will be used to help the communit y envision the various progr am eleme nts.
-------------------------------------- - 5
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Deliverables :
■ Conceptual Design Alternatives (PDF and 1 hard copy)
■ Meeting Notes from Consultant and City staff design review of Draft Concepts ■ 3 Conceptual Design Alternatives (PDF)
■ Rough order of magnitude cost estimate for each alternative (PDF and Excel)

3.2 Develop Graphics and Outreach Tools
MIG will develop graphics and outreach tools to continue to engage the community, Commissions, and City Council for additional input as outlined in the RFO.

Deliverables:
■ Draft Graphics for Review (PDF)
■
■
■
Final Graphics (PDF for one Zoom meeting, large-size prints for one on-site open house) Draft Mailer of 3 Conceptual Design Alternatives for City staff review (PDF) Final Postal Mailer of 3 Conceptual Design Alternatives to be sent to the public (PDF)

3.3 Community Meetings (2): Alternatives
MIG will organize and present the three community-driven design alternatives for public input with tools designed to help the community arrive at one final plan. Final planning will be confirmed with the City, but is currently assumed to be one Zoom meeting and one in-person casual open house similar to Phase 2.

Deliverables :
■ Two (2) Meeting Agendas and Notes from Alternatives Community Presentation and Feedback Meetings

3.4 Community Pop-Up Events (2)
MIG will organize and present at two (2) community pop-up events to solicit additional input from key stakeholder groups identified earlier in Phase 1. Examples include a table at a Farmer's Market or School , joining a neighborhood block meeting, or similar style event. The intent of these events is to solicit input from additional park users, or future users, by going to them .

Deliverables :
■ Printed materials for Two (2) Community Pop-Ups

3.5 Analysis of Community Input
Community meeting results will be compiled into a summary report for review by the City and for use in upcoming Commission/Council presentations. MIG and the City will meet to review results and direction prior to Commission/Council presentations.

Deliverables :
■
■
Analysis and Synthesis Report of community input and meeting findings Meeting Notes highlighting key decisions and next steps

3.6 Commissions and City Council Presentation s (3): Alternatives MIG will prepare slidesho ws and present to the Parks and Recreation Commission , the Bicycle-Pedestrian Commission , and City Council to receive feedback . The presentation will include a summary of input and priorities from the communit y meetings.

Deliverables :
■ Prepare draft slideshow presentation for City approval and final version 6 282
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■
■
■
Parks and Recreation Commission Meeting Agenda, Presentation, and Report Bicycle-Pedestrian Commission Meeting Agenda, Presentation, and Report City Council Study Session Presentation and Report

3.7 Develop Preferred Conceptual Design Plan
MIG and the City will meet to discuss community input and Commission/Council feedback, recommendations, and direction for a Preferred Concept. This may be one chosen alternative or a combination of alternatives. MIG will produce a single Draft Conceptual Design for the site for review with the City and incorporate feedback into the Final Conceptual Design.

Deliverables:
■ Draft Conceptual Design Plan (PDF)
■ Final Conceptual Design Plan (PDF)

3.8 Phase 3 City Coordination and Project Management
MIG's PM and the City will hold weekly update calls with additional project team members attending periodically .

Deliverables:
■ Meeting Notes highlighting key decisions
PHASE 4 - DRAFT AND FINAL MASTER PLAN

4.1 Develop Draft Master Plan Report
MIG will prepare a draft outline for the Lawrence-Mitty Park and Trail Master Plan. The approach and specific sections will be confirmed with the City, followed by creation of the full draft for City review. The draft master plan will be the culmination of key elements of design, input provided by the public, site study findings, and the physical and jurisdictional constraints of the site. MIG and the City will meet to discuss the City's consolidated review comments and determine final edits.

Deliverables :
■ Draft Lawrence -Mitty Park and Trail Master Plan (PDF) ■ Meeting Notes from Draft Master Plan Review Meeting with City staff

4.2 Present Draft Master Plan to Community
MIG recommends that the Draft Master Plan be posted on the City's website for comments due to the difficulty of reviewing a lengthy document in a public meeting. This can be followed by a Zoom Open House, including a brief summary presentation and plenty of time for questions and answers. We will be happy to make adjustments to this plan if the City prefers a different format.

Deliverables :
■
■
■
JPEGs of major maps and a PDF of the document for the City website Draft and Final slideshow
Meeting Agenda and Notes from the Community Presentation/Meeting

4.3 Present Draft Master Plan to Commissions and City Council (4) MIG will present the Draft Master Plan to the Park and Recreation Commission, Bicycle-Pedestrian Commission, Planning Commission and City Council for final input and consideration of minor edits. 7 283
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Deliverables:
• Draft and Final slideshow
• Meeting Agenda and Notes from each of the four (4) Presentations/Meetings

4.4 Finalize Master Plan
MIG will collect input from meeting reviews and incorporate edits from stakeholders as directed by the City. There will be one (1) Draft Master Plan review meeting with City staff to ensure all design and study elements are incorporated prior to final Master Plan submittal.

Deliverables:
■ Lawrence-Mitty Park and Trail Master Plan (2 printed/bound copies; 1 unbound copy; PDF)

4.5 Develop Cost Estimate and Implementation/Phasing Timeline MIG will provide to the City, in a document separate from the Master Plan, a rough order of magnitude cost estimate for implementation of the final conceptual design, including the specifics noted in the RFO. MIG will also submit a proposed implementation and phasing timeline for completion of the built infrastructure reflected in the adopted Master Plan.

Deliverables
■ Rough Order of Magnitude Cost Estimate for Master Plan Implementation electronic (PDF and Excel) ■ Proposed Master Plan implementation and phasing timeline for site improvements with consideration of timeline for jurisdictional permits or permissions in MS Project format. (PDF)

4.6 Present Final Master Plan to City Council for Acceptance MIG will present the Master Plan in collaboration with City staff to City Council for final approval, which is required for adoption as City policy.

Deliverables:
■ One (1) Meeting Agenda and Notes from the final Acceptance Meeting

4.7 Phase 4 City Coordination and Project Management
MIG's PM and the City will hold weekly update calls with additional project team members attending periodically.

Deliverables:
■ Meeting Notes highlighting key decisions
PHASE 5 - CEQA
MIG assumes the project will qualify for an Initial Study/Mitigated Negative Declaration (IS/MND) under CEOA and will prepare an analysis of the project according to the CEQA Guidelines and City of Cupertino requirements. The final IS/MND will be presented to the City Council for adoption with the approval of the Master Plan.

5.1 Prepare Administrative Draft Initial Study
MIG will prepare and electronically submit for the City's review an Administrative Draft Initial Study. The submittal will include copies of all technical studies.

Deliverables:
• Administrative Draft Initial Study
• Technical studies -Air quality/greenhouse gas emissions, biological resources, hazardous materials (Updated Phase I Environmental Site Assessment, limited soil testing), transportation (VMT project screening and multimodal/pedestrian safety impact analysis memo) 8 284
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5.2 Prepare Public Draft Initial Study/Mitigated Negative Declaration MIG will address any comments from the City on the Administrative Draft IS and then produce a Screen Check document for final City approval. Once the Screen Check document is approved, MIG will prepare the Public Draft IS/MND for public circulation and a PDF version for the City to post on the City's website.

Deliverables:
■ Screen Check IS
■ Public Draft IS/MND for public circulation
■ PDF Version Public Draft IS/MND for posting on City's website

5.3 Prepare Final IS/MND, Mitigation Monitoring and Reporting Program, and Notice of Determination Following conclusion of the 30-day public review period, MIG will prepare the Administrative Draft and Screen Check Response to Comments documents that will contain a summary of all comments received during the public comment period, responses to comments, and changes to the Draft IS text or errata as necessary . Concurrent with the preparation of the Response to Comments, MIG will finalize the Mitigation Monitoring and Reporting Program (MMRP) and prepare a Notice of Determination (NOD) for the City to finalize and submit to the County Clerk's office and the State Office of Planning and Research.

Deliverables :
■
■
■
Administrative and Screen Check versions of Responses to Comments Final MMRP
Draft NOD
■ Prepare any required documents containing findings and resolution for certification. public notice. and/or filing of environmental documents as needed.

5.4 Attend Public Meetings/Hearings
Ml G's CEQA Director will attend one (1) remote community meeting held by the City (estimated at 2 hours) and two (2) remote public hearings. In addition to the public meetings and hearings, the MIG CEQA Director and CEQA Project Manager will attend one (1) remote CEQA Kick-off meeting with City staff.

5.5 Phase 5 City Coordination and Project Management
Ml G's CEQA Project Manager will be the primary point of contact for CEQA work and will keep the City apprised of project progress at key points. Weekly meetings are not anticipated in this phase.

Assumptions, Exclusions & Additional Services
The MIG team's assumptions for included scope and level of work effort are based on the scope of work outline in the RFO. If a need arises in the Phase 1 analysis period for additional survey information or studies, beyond what is currently scoped, the City and MIG team will work together to determine the corresponding effort and fee to deliver these additional scope items. All meetings, except where noted, are assumed to be remote via screen share, which enables more team members to participate efficiently. A single round of consolidated comments for each City review item is assumed.

Additional Services:

The MIG Team has a broad range of experience. skills and services. The following is a non-exhaustive list of items that are not included in this scope but could be provided as additional services if they are needed or desired by the City:
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■ Use of Maptionnaire is noted as an Optional Task/Additional Service, and could supplement the public survey task
■ Additional community engagement beyond the scoped items in the process (including digital advertisement, intercept surveys, additional surveys/workshops/open houses/pop-up events). ■ Additional public meetings beyond the scoped items in the process (including attending City Council meetings, public hearings , hearing examiner meetings , public open houses, and local association meetings) . ■ City project team meetings beyond those listed
■ Additional design alternative drafts or renderings other than those listed. ■ Preparation of construction documents.
■ Preparation of special studies outside our scope of work. ■ Intensive research and testing to determine conditions of existing site utilities (i.e., potholing, smoke testing, dye testing, pressure testing, fire flow testing , videotaping, etc.). ■ Utility Relocation Plans
■ Supplemental surveying services
■ Appeal, Design Exception, and Alternative Review applications. ■ Services related to future facilities and improvements. ■ Design of water capture/re-use systems, pump stations, sump pumps, or force mains for sanitary sewer or storm drainage systems, if required .
■ Design of systems to comply with or obtain LEED certification, including preparation of LEED documentation and addressing review comments from the USGBC.
■ Design for areas outside of the limits noted in the RFQ. ■ Value Engineering. If the MIG Team is needed to assist with VE and/or bid negotiations, it is available on a Time and Materials basis.

Project Scope Assumptions:
■ CLIENT: 'The City' refers to the City of Cupertino's Lawrence Mitty project team . ■ DELIVERABLES: Unless otherwise indicated , all deliverables will be provided in PDF format. Native files will be created in software selected at the consultant team's discretion . If the City desires printed copies or specific file formats, the MIG Team is happy to work with the City to develop a strategy that meets the project's budget and needs.
■ IN-PERSON MEETINGS: Team meetings and most community engagement events are assumed to be virtual with some limited outdoor engagement events where noted . ■
■
■
■
■
■
TRANSLATION: All documentation will be in English; however, as an additional service, the MIG Team can provide exhibits in other languages .

CONSOL/DA TED COMMENTS : The City will provide MIG with (1) set of vetted and consolidated comments from all parties/agencies in all tasks involving review and feedback .

PERMIT FEES: All permit fees and agency charges will be paid by others, if applicable.

OFFS/TE UTILITIES/STREET/PARKING DESIGN: Offsite utility or street/parking design beyond the identified park and trail area is not included in this proposal.

ENVIRONMENTAL WORK: Floodplain , wetland , soil remediation or environmental work outside of what is noted is not included in this proposal.

CONSTRUCT/ON TESTING + INSPECTIONS : Not included .
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t: I.,; l I.,; u ~
Steve I Jan Cindy I Myrna
Lang Eiesland Mendoza Ortiz
Principal-in- •
1 Project Man age r/ Planner/ Community
Charge/ Landsca p e Maste r Plan I Outreach Specialist
H,}~::;~::5 1 Hrs@Archit ::5 --i Hrs@ Advi :~~5 -~I Hrs@ - $725 MIG, Inc.

Landscape
Designer
Project
Associate
Hrs@ $110
-i-:--GRAPHICS
(Master Plan BIOLOGY Report
Report)
--·-~-~-~--
NOISE
Assessment
(Simplified for clarity, hourly assumptions avarlab/e)
~
tt±±=
[2J
I ~ I
0 1 I :~1 I sol I $0
,o9oQ
$0
80!7 wT7
4 $660 3 $495 16 $2,000 8 $880 $0 $0 $0
$675 16 $2,640 $0 2 $250 10 $ 1, 100 $0 $2, 120 $0
$0 6 $990 $0 6 $750 6 $660 $0 $ 1,060 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$225 $0 $0 $0 $0 $0 $0 $11 ,205
$225 I $ 165 $0 $0 $0 $0 $ 18,070 $0
$0 $0 $0 $0 $0 $0 $0 $0
$225 8 $ 1,320 $0 $0 $0 $0 $0 $0
$225 3 $495 I $165 I $125 $0 $0 $690 $0
$0 24 $3,960 $0 $0 $0 $0 $0 $0
14 I $3, ISO 73 Sl2,045 8 S l,320 29 $3,625 24 $2,640 $0 $22,630 $225 4 $660 2 $330 16 $2,000 20 $2,200 $0 $0
$225 2 $330 $0 6 $750 $0 $0 $0 $0
$0 2 $330 $0 16 $2,000 16 $ 1,760 $0 $0 $0
4 I $900 16 $2,640 $0 16 $2,000 $0 $0 $0 $0
$0 18 $2,970 $0 18 $2,250 8 $880 $0 $0 $0
2 I $450 2 $330 $0 4 $500 4 $440 $0 $0 $0
2 I $450 2 $330 $0 $0 8 $880 $0 $0 $0
$ 1,800 10 $ 1,650 $0 $0 $0 $0 $0 $0
1ming I 1 I $225 8 $1,320 2 $330 I $ 125 $0 $0 $0 $0
I I $0 30 $4,950 $0 $0 $0 $0 $0 $0
Subto~all 19 I $4,275 94 $15 510 4 $660 77 $9625 56 S6 160 $0 $0 $0 6 I $1,350 12 $1,980 $0 $0 36 $3,960 $0 $0 $0
I I $225 2 $330 $0 16 $2,000 16 $ 1,760 $0 $0 $0
2 I $450 16 S2,640 $0 16 $2,000 $0 $0 $0 $0
$0 18 $2,970 $0 18 $2,250 8 $880 $0 $0 $0
$225 2 $330 $0 6 $750 12 $ 1,320 $0 $0 $0
2 I $450 2 $330 $0 $0 8 $880 $0 $0 $0
6 I $1,350 8 $ 1,320 $0 $0 $0 $0 $0 $0
$450 6 $990 $0 $0 16 $ 1,760 $0 $0 $0
so JO $4,950 $0 $0 $0 $0 $0
$10,560 $0 $0
$2,640 $4,000 $0
$330 $0 4 $500 16 $ 1,760 $0 $0 $0
$0 4 $660 $0 4 $500 4 $440 $0 $0 $0
8 I $1,800 10 $1,650 $0 $0 $0 $0 $0 $0
4 I $900 24 $3,960 6 $990 $0 24 $2,640 $ 1,000 $0 $0
$450 8 $ 1,320 $0 $0 8 $880 $0 $0 $0
ance I I 4 I $900 $0 $0 $0 $0 $0 $0 $0
$0 JO $4,950 $0 $0 $0 $0 $0 $0
Subtotal I 22 I S4,950 102 Sl6,830 12 Sl,980 8 Sl ,000 76 $8,360 $5,000 $0 so CEQA
TEAM
Fl so
$0
$0
$0
$0
$0
$0
$0
$0
$390
$195
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
so
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
so
MIG
Totals
$./,./85
$6,785
S3,460
so
so
$1/,430
$ 18,./60
so
$1,935
s1.s9s I
$1,305
$./,090
$5,5./0
$6,100
$1,720
$/,660
$3,450
$2,000
S4,950
$36 210 I
s1.290 l
$4,315
$5,090
S6,I 00
$2,625
$/,660
$2,670
sJ,200 I
$2,590
SI,600
$3,450
$9,./90
s2.6so I
$900
S./,950
s3s,120 I
BKF
Civil
Engineer/
Surveyor
D4)Q
$4,000
$400
$1,000
$400
I
I
so I
$3,000
$1,000
$600
s1 ,4oo I
Subconsultants
..
. .. . .

I $17,275
$11,000
so I so
so I so
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e Declaration
1ination
Subtotal
BD by scope)
OptiO'lftd T11sb s,11,10111/
\ ____ _
Steve
Lang
Principal -in­
Chargel
Landscape
Architect
Hrs@ $225
--$450
$225
$0
$0
4 $900
$3,980
TBD
TBD
TBD
Jan
Eiesland
Project Manager/
Landscape
Architect
Hrs@ $165
- I $0
$0
$0
$0
0 so
Cindy
Mendoza
Planner/
Master Plan
Advisor
Hrs@ $165
0 $0
$0
$0
$0
so
Myrna
Ortiz
Community
Outreach Specialist
Hrs@ S 125
_ _ ___ MIG, Inc. _
Landscape f Designer GRAPHICS
Project (Maste r Plan BIOLOGY Report
Associate Report)
-------- --~--------- _l_
NOISE
Assessment
Hrs@ $110 (Simplified for cla rity, hourly assumptions available) -•----·•--·• $0 $0 $0
$0 $0 $0 $0 $0
$0 $0 $0 $0 $0
$0 $0 $0 $0 $0
0 so 0 so $0
CEOA
TEAM
·­-
$8,020
$6,390
$10,800
MIG
Totals
$8.245
$6,390
$10,800
$63,650
BKF
Civil
Eng ineer /
Survey or
so
Subconsultants
'
CORNER

SBCA STONE HEXA
Transpo
Arbori st Ph /+/1 Engin
ESA Work
$0 so
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Pro ect Schedule- Exhibit B
: Existing Conditions and Technical Analysis
• ck-Off Meetin
ule

1.4 1.7

1.12 rdination and Project Management
Ph nity Vision

2.1 2.3

2.4 2.8 Phase 2 City Coordination and Project Management Phase 3: Conceptual Design Alternatives

3.1 Dev lternatives and Costs

3.4 Po

3.5 An
Phas 4· Draft and f=ina er Plan

4.1 De

4.5 Cost Estimate and Implementation/Phasing Timeline

4.6 Present Final Master Plan to Cit Council for Acee tance • •

4.7 Phase 4 City Coordination and Project Management
Phase 5: CEQA 5.1 Pr are Admi~ni,..st_ra_t~iv-e~D~ra~f~t ~ln~it~ia~I S~t-u~d------~ .--.-. ,- ,- ,- ,,-,--,--.-·,- ,- ,- ,·-,-- ,--,- ,- .,- ,- - MIG Task - Outreach Activi ty • Document Deliverable • Meeting IIIIJ
'For clarity, only Significant Review Meetings are Shown City of Cupe rt ino I Lawrence-M itt y Park and Trail Master Plan 289
CC 04-16-2024

EXHIBIT C: Hourly Rates and Reimbursable Expenses
Lawrence Mitty Park and Trail Master Plan, Cupertino, CA Unless specified otherwise, invoices are submitted monthly showing time and charges for professional services by staff category and a separate figure for expenses. Invoices are payable upon receipt . Invoices unpaid past 30 days are subject to interest at 1-1/2% per month . MIG Inc. labor includes all overhead.

Hourly rates by position are noted below:

Role
Pri ncipa I-in-Charge
Project Manager
Landscape Designer
Community Outreach Specialist
Project Assistant
Planner/Master Plan Advisor
CEQA/Environmental, Principal
CEQA/Environmental, Director
CEQA Project Manager
Senior Biologist/Senior Analyst
Biologist/Noise Analyst/GIS
Env. Project Associate
Expenses are as follows :

Type
Automobile travel
Meals
Photocopy (letter and tabloid)
Color copies (letter and tabloid)
Commercial printing/plotting
Subcontractors
Other (lab tests, aerial photos, etc)
$/hour
$225
$165
$110
$125
$80
$165
$220
$195
$145
$150
$115
$195
Rate
current IRS rate
cost+ 5%
$0.10/print
$0.50/print
cost+ 5%
cost+ 5%
cost+ 5%
290
CC 04-16-2024

EXHIBITD
Insurance Requirements
Design Professionals & Consultants Contracts
Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City.

INSURANCE POLICIES AND MINIMUMS REQUIRED

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

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

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

J Not required. Consultant has provided written verification of no employees.

4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant's profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a claims made form:
a The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the Services.

OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:

Exh. D-lnsurance Requirements for Design Professionals & Consultants Contracts Form Updated Sept. 2019 1 291
CC 04-16-2024

Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers ("Additional Insureds") are to be covered as additional insureds on Consultant's CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant's insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, iflater editions are used).

Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant's insurance and shall not contribute to it.

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

Waiver of Subrogation
Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At City's option, either:
the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide , that the self-insured retention may be satisfied by either the insured or the City.

Acceptability of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better.

Verification of Coverage
Consultant must furnish acceptable insurance certificates and mandatory endorsements ( or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term.

S ubcons ult ants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant' s insurance policies.

Higher Insurance Limits
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant.

Adequacy of Coverage
City reserves the right to modify these insurance requirements /coverage based on the nature of the risk, prior experience, insurer or other special circumstances , with not less than ninety (90) days prior written notice.

Exh. D-Jnsurance Requirements for Design Professionals & Consultants Contracts Form Updated Sept. 2019 2 292
CC 04-16-2024

ACORD® CERTIFICATE OF LIABILITY INSURANCE I

DATE (MM/DD/YYYY)
~ 11/22/2021
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.

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

PRODUCER ~~:1~cT The Certfiicate Team
AssuredPartners Design Professionals Insurance Services , LLC PHONE I FAX 3697 Mt. Diablo Blvd Suite 230
/1,/r Nn "•t\· /A/C No\:

Lafayette CA 94549 f~o"J~ss : CertsDesionPro(@AssuredPartners .com INSURER($) AFFORDING COVERAGE NAIC#
License#:6003745 INSURER A : Berkley Insurance Company 32603 INSURED MIGINC0-01 INSURER B: Travelers Property Casualty Company of America 25674 MIG , Inc. INSURER c: The Travelers Indemnity Company of Connecticut 25682 Moore lacofano Goltsman , Inc. 800 Hearst Ave INSURER D:

Berkeley CA 94710 INSURER E :

INSURER F:

COVERAGES CERTIFICATE NUMBER: 1383047023 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS .

EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS .

INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE ,.,~n .. n,n POLICY NUMBER fMM/DD/YYYYl fMM/DD/YYYYl B X COMMERCIAL GENERAL LIABILITY y y 6801 H899998 8/31 /2021 8/31 /2022 EACH OCCURRENCE $1,000 ,000 - ==i CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED
- PREMISES fEa occurrence\ $1 ,000,000
X Contractual Liab MED EXP (Any one person) $10 ,000 -
Included PERSONAL & ADV INJURY $1,000 ,000 -
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ~ 0 PRO- [K]Loc PRODUCTS - COMP/OP AGG $2 ,000,000 POLICY JECT OTHER: $
C AUTOMOBILE LIABILITY y y BAOS579947 8/31 /2021 8/31 /2022 COMBINED SINGLE LIMIT $1 ,000,000 fEa accident\ - X ANY AUTO BODILY INJURY (Per person) $
- -OWNED SCHEDULED BODILY INJURY (Per accident) $
>-- AUTOS ONLY >-- AUTOS
X HIRED X NON-OWNED iP~~~c?c~d°Z,8AMAGE $ AUTOS ONLY AUTOS ONLY $

B X UMBRELLA LIAB
M
OCCUR y y CUPOH758762 8/31 /2021 8/31 /2022 EACH OCCURRENCE $10 ,000,000 >--
EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000
DED I X I RETENTION $ n $
B WORKERS COMPENSATION y UB2L553909 8/31/2021 8/31/2022 X I ~ffruTE I IOTH-ER AND EMPLOYERS" LIABILITY Y/N

ANYPROPRIETOR/PARTNER/EXECUTIVE
□ N/A E.L. EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1 ,000,000 A Professional Liability N y AEC904725003 8/31/2021 8/31 /2022 Each Claim $3,000,000 Annual Aggregate $5,000,000
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule. may be attached if more space is required) Umbrella Liability policy is a follow-form underlying General Liability/Auto Liability/Employers Liability .

Re : Lawrence Mitty Park and Trail Master Plan
The City of Cupert ino, its City Council , officers , officials , employees , agents , servants and volunteers are named as an additional insured as respects general liability and auto liability as requ ired per written contract or agreement. General Liability is Primary/Non-Contributory per policy form wording . Insurance coverage includes wa iver of subrogation per the attached endorsement(s ).

CERTIFICATE HOLDER
C ity of Cupertino
10300 Torre Avenue
Cupert ino CA 95014
-------------
CANCELLATION 30 Da s Notice of Cancellation

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
© 1988-2015 ACORD CORPORATION. All rights reserved .

ACORD 25 (2016/0 3) The ACORD name and logo are registered marks of ACORD 293 CC 04-16-2024

COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 6801H899998
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

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

COMMERCIAL GENERAL LIABILITY COVERAGE PART

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

Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products­ completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs.

Location And Description Of Completed Operations
Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies.

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

Section II - Who Is An Insured is amended to in­
clude as an additional insured the person(s) or or­
ganization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property dam­ age" caused, in whole or in part, by "your work" at the location designated and described in the schedule of
this endorsement performed for that additional in­
sured and included in the "products-completed opera­
tions hazard".

CG 20 37 07 04
CGT802XXXX
© ISO Properties, Inc., 2004 Page 1 of 1
n!'.T~ ni:: IC::C::I ,~ - 08/31 /2021
294
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COMMERCIAL GENERAL LIABILITY
POLICY NUMBER 6801 H899998
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Names of Additional Insured Person(s) or Organization(s):

Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed.

Location of Covered Operations:

Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies.
(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 in­
clude 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", "personal injury" or "advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig­
nated above.

B. With respect to the insurance afforded to these
additional insureds, the following additional exclu­
sions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring, or "personal injury"
or "advertising injury" arising out of an offense
committed, after:

1. All work, including materials, parts or equip­
ment furnished in connection with such work,
on the project (other than service, mainte­
nance or repairs) to be performed by or on
behalf of the additional insured(s) at the loca­
tion of the covered operations has been com­
pleted; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its in­
tended use by any person or organization
other than another contractor or subcontrac­
tor engaged in performing operations for a
principal as a part of the same project.

CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 CG TS 01 XX xx Includes copyrighted material of Insurance Services Office, Inc. with its permission.

DATE OF ISSUE: 08/31/2021 295
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Policy # 6801 H899998

COMMERCIAL GENERAL LIABILITY
c. Method or 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.

The unintentional omission of, or unintentional error
in, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable insurance
laws or reaulations.

7. Separation or Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.

8. Transfer or Rights or Recovery Against Others
To Us
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 loss to impair them. At our request,
the insured will bring "suit" or transfer those rights
to us and help us enforce them.

9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in
the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date.

If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION V - DEFINITIONS

1. "Advertisement" means a notice that is broadcast or
published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding websites, only that part of a website
that is about your goods, products or services
for the purposes of attracting customers or
supporters is considered an advertisement.

Includes copyrighted material of Insurance Services Office, Inc. with its permission . 296 CC 04-16-2024

Policy# 6801 H899998
occupational therapist or occupational
therapy assistant, physical therapist or
speech-language pathologist; or
(b) First aid or "Good Samaritan services"
by any of your "employees" or "volunteer
workers", other than an employed or
volunteer doctor. Any such "employees"
or "volunteer workers" providing or failing
to provide first aid or "Good Samaritan
services" during their work hours for you
will be deemed to be acting within the
scope of their employment by you or
performing duties related to the conduct
of your business.

3. The following replaces the last sentence of
Paragraph 5. of SECTION Ill - LIMITS OF
INSURANCE:

For the purposes of determining the
applicable Each Occurrence Limit, all related
acts or omissions committed in providing or
failing to provide "incidental medical
services", first aid or "Good Samaritan
services" to any one person will be deemed
to be one "occurrence".

4. The following exclusion is added to
Paragraph 2., Exclusions, of SECTION I -

COVERAGES - COVERAGE A - BODILY

INJURY AND PROPERTY DAMAGE
LIABILITY:

Sale Of Pharmaceuticals
"Bodily injury" or "property damage" arising
out of the violation of a penal statute or
ordinance relating to the sale of
pharmaceuticals committed by, or with the
knowledge or consent of the insured.

5. The following is added to the DEFINITIONS
Section:
"Incidental medical services" means:
a. Medical, surgical, dental, laboratory, x­
ray or nursing service or treatment,
advice or instruction, or the related
furnishing of food or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.

6. The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV -

COMMERCIAL GENERAL LIABILITY
CONDITIONS:

This insurance is excess over any valid and
collectible other insurance, whether primary,
excess, contingent or on any other basis,

COMMERCIAL GENERAL LIABILITY
that is available to any of your "employees"
for "bodily injury" that arises out of providing
or failing to provide "incidental medical
services" to any person to the extent not
subject to Paragraph 2.a.(1) of Section II -
Who Is An Insured.

K. MEDICAL PAYMENTS- INCREASED LIMIT
The following replaces Paragraph 7. of
SECTION Ill - 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, 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.

L. AMENDMENT OF EXCESS INSURANCE

CONDITION - PROFESSIONAL LIABILITY
The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV -

COMMERCIAL GENERAL LIABILITY
CONDITIONS:

This insurance is excess over any of the other
insurance, whether primary, excess, contingent
or on any other basis, that is Professional
Liability or similar coverage, to the extent the
loss is not subject to the professional services
exclusion of Coverage A or Coverage 8.

M. BLANKET WAIVER OF SUBROGATION -

WHEN REQUIRED BY WRITTEN CONTRACT

OR AGREEMENT
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 written 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 signing of that contract or
agreement.

CG D3 79 02 19 © 2017 The Travelers Indemnity Company . All rights reserved . Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission . 297
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Policy: BA0S579947 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
The following is added to Paragraph c. in A.1., Who
Is An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE in the BUSINESS AUTO
COVERAGE FORM and Paragraph e. in A.1., Who Is
An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE in the MOTOR CARRIER
COVERAGE FORM, whichever Coverage Form is
part of your policy:

This includes any person or organization who you are
required under a written contract or agreement
between you and that person or organization, that is
signed by you before the "bodily injury" or "property
damage" occurs and that is in effect during the policy
period, to name as an additional insured for Covered
Autos Liability Coverage, but only for damages to
which this insurance applies and only to the extent of
that person's or organization's liability for the conduct of another "insured".

CA T4 37 02 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 298
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Policy#: BA0S579947 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED - PRIMARY AND

NON-CONTRIBUTORY WITH OTHER INSURANCE
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

PROVISIONS

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

This includes any person or organization who you
are required under a written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, to name
as an additional insured for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the extent of
that person's or organization's liability for the
conduct of another "insured".

2. The following is added to Paragraph B.5., Other
Insurance of SECTION IV - BUSINESS AUTO
CONDITIONS:

Regardless of the provisions of paragraph a. and
paragraph d. of this part 5. Other Insurance, this
insurance is primary to and non-contributory with
applicable other insurance under which an
additional insured person or organization is the
first named insured when the written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, requires
this insurance to be primary and non-contributory.
_____ ,._AJ:4 7 4._02 16-- © 2016 The 1ravele_i:s Indemnity Compan'.)' I eights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 299
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Policy# BA0S579947

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

BLANKET WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
The following replaces Paragraph A.5., Transfer of
Rights Of Recovery Against Others To Us, of the
CONDITIONS Section:

5. Transfer Of Rights Of Recovery Against Oth­
ers 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 executed
prior to any "accident" or "loss", provided that the
"accident" or "loss" arises out of the operations
contemplated by such contract. The waiver ap­
plies only to the person or organization desig­
nated in such contract.

CA T3 40 02 15 © 2015 The Travelers Indemnity Company . All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office , Inc. with its permission. 300
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.... TRAVELERSJ

WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A)­
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This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
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SIGNED_MIG for Completion of the Lawrence­
Mitty Park and Trail Master Plan
Final Audit Report 2021-12-10
Created: 2021-12-09
By: Julia Kinst [email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAR6Xfzh4HEGO82rG31HaD5pFnhjwo4_5 "SIGNED_MIG for Completion of the Lawrence-Mitty Park and T rail Master Plan" History
~ Document created by Julia Kinst [email protected]) 2021-12-09- 6:44:20 PM GMT- IP address: 64.165.34.3
0o Document approved by Julia Kinst [email protected]) Approval Date: 2021-12-09 - 6:46:26 PM GMT-Time Source: server- IP address: 64.165.34.3 f2. Document emailed to Araceli Alejandre (aracelia@cupertino .org) for approval 2021-12-09 - 6:46:37 PM GMT
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G?. Document emailed to Kirsten Squarcia ([email protected]) for signature 2021-12-10 - 3:26:14 AM GMT
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Draft 5th Amendment MIG for Lawrence Mitty
Park and Trail
Final Audit Report
Created:

By:

Status:

Transaction ID:
2024-04-03
Jindy Gonzalez [email protected])
Signed
CBJCHBCMBMy9prq2TQosGcc5195Ov1 ZUnaep4ytGQq
2024-04-04
"Draft 5th Amendment MIG for Lawrence Mitty Park and Trail" Hi story
'El Document created by Jindy Gonzalez [email protected]) 2024-04-03 - 11 :23:15 PM GMT
1:21. Document emailed to Chris Beynon ([email protected]) for signature 2024-04-03 - 11 :26: 15 PM GMT
'El Email viewed by Chris Beynon ([email protected])
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0'0 Document e-signed by Chris Beynon ([email protected]) Signature Date: 2024-04-04 - 8:42:20 PM GMT - Time Source: server 0 Agreement completed.
2024-04-04 - 8:42:20 PM GMT
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CITY OF CUPERTINO
Agenda Item
24-12991 Agenda Date: 4/16/2024
Agenda #: 10.

Subject: Fiscal Year (FY) 2024-25 recommended funding allocations for the Community Development Block Grant (CDBG) Program and Below Market Rate Affordable Housing Fund (BMR AHF) Authorize the City Manager to execute the FY 2024-25 Housing & Human Services Grant Programs funding agreements.

CITY OF CUPERTINO Printed on 4/10/2024Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: April 16, 2024

Subject
Fiscal Year (FY) 202 4-25 recommended funding allocations for the Community Development Block Grant (CDBG) Program and Below Market Rate Affordable Housing Fund (BMR AHF).

Recommended Action
Authorize the City Manager to execute the FY 202 4-25 Housing & Human Service s Grant Programs funding agreements.

Reasons for Recommendation

Background
On November 06, 2023, the City of Cupertino issued a n annual Notice of Funding Availability (NOFA) and a Request for Proposals (RFP) (Attachment A), inviting applicants to apply for eligible capital housing projects (one-year funding cycle). The funding would be part of the City’s Fiscal Year 2024-25 adopted budget. The NOFA/RFP submittal deadline was February 06, 2024.

The City received a total of two eligible applications during the submittal period.

At its March 14, 2024, meeting, the Housing Commission review ed the CDBG and BMR AHF applications and made funding recommendations to the City Council (Attachment C). While the CDBG program is administered through the U.S. Department of Housing and Urban Development (HUD), the City Council has the final approval for the BMR AHF funding requests.

HUD has not released the City’s final CDBG allocation at this time, but CDBG funding amounts will be reduced or increased proportionately for FY 2024-25 based on the final HUD allocations.

Given that the final HUD allocation may vary, the Housing Commission adopted Resolution 17- 02 ( CDBG Contingency Plan, Attachment B), on May 11, 2017, to address whether the City receives more or less CDBG funding from HUD.

Public service fund ing cycles have been determined by the timeframe in the City’s 2020-2025 Consolidated Plan. The first cycle covered F iscal Years 2020-21, 2021-22, and 2022-23, and th e current cycle covers Fiscal Years 2023-24 and 2024-25. The public service funding allocations for the current two -year cycle w ere approved at the City Council meeting on May 2, 2023 (Attachment D). Public service funding allocations will remain the same for FY 2024 -25 unless there are changes in overall funding levels due to the City’s CDBG allocation from HUD, or City 307
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2 Council decision for BMR AHF and General Fund Human Services Grant (HSG). Any changes in funding levels will adhere to the CDBG Contingency Plan (Attachment B).

Housing Commission Recommendation
The Housing Commission held a public hearing on March 14, 2024, to finalize the initial ratings and rankings of the FY 2024-25 CDBG and BMR AHF capital housing funding applications. The Commission recommended approval of the proposed FY 2024-25 funding allocations.

CDBG Funding
HUD annually allocates CDBG funding to local jurisdictions for a range of community development activities. Cupertino is one of nine entitlement jurisdictions within Santa Clara County. In order to be classified as an entitlement jurisdiction and receive funds directly from HUD, cities must have a population of 50,000 or more. Entitlement grants are allocated on a formula basis and based on several objective measures of community needs, including the extent of poverty, population, housing overcrowding, age of housing, and the extent of popula tion growth lag in relation to other metropolitan areas . The CDBG Contingency Plan as described in Resolution 17-02 (attachment B) identifies allocation options in the event that the funding either increases or decreases.

In March 2021, HUD’s Office of Environment and Energy (OEE) conducted monitoring of the City’s CDBG program in order to assess performance and compliance with applicable Federal requirements. During the monitoring, OEE found that in 2018 the City had oblig ated and expended CDBG funds on a project prior to the completion of the Environmental Review (ER), which is a violation of regulatory requirements. As a result of this finding, OEE prescribed that the City would be penalized by $176,201 towards a future C DBG entitlement allocation. On March 8, 2024, HUD notified the City that this penalty would be applied to its FY 2024-25 CDBG allocation. Due to this penalty, the City estimates receiving approximately $182,709 in FY 2024 - 25 CDBG entitlement funding. P rogram income in the amount of $7,944 will be re ceived and allocated from existing CDBG loan payoffs . There is also $27,781.35 in prior year unexpended CDBG funds.

HUD regulations establish the maximum percentages that may be allocated to CDBG administration and public services. Of the total estimated funding, a maximum of 20% may be used for administrative costs to cover salary and benefits of staff who operate the CDBG program, a maximum of 15% may be used for public services, and a minimum of 65% must be used for capital housing projects. As noted earlier, CDBG funding amounts will be reduced or increased proportionately for FY 2024-25 based on the final HUD allocations and City Council’s approval.

The final determination will be available by May 15, 2024.

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3 FY 2024-25 CDBG Budget (est.)
Entitlement Amount (EN) $182,709.00
Program Income (FY 2024-25) $7,944.00
Unexpended Funds (FY 2022-23) $27,781.35
Sub-Total $218,434.35

Program Administration (20% EN) $38,130.60

Public Service (15% EN) $28,597.95
Capital/Housing Projects (65% EN + Unexpended Funds) $151,705.80

Total $218,434.35

HUD regulations require that eligible activities selected for funding must benefit very low and low-income households at or below eighty percent of area median income (AMI) , eliminate a blighted area, or address an urgent (emergency) community need , and must also meet a HUD national objective. In addition, only certain types of eligible activities qualify under the CDBG regulations. Examples of eligible activities are:

• Public improvements
• Public service activities
• Property acquisition for affordable housing
• Rehabilitation of affordable units
• Economic Development

2024-25 CDBG Program Administration Funds
An estimated total of $ 38,130.60 will be used for CDBG program administration, and this falls under Budget Unit 260 -72-707, CDBG General Admin . The City will use these funds for administrative costs to cover partial salary and benefits of the City’s Housing Division staff who operate the CDBG program.

2024-25 CDBG Capital Housing Project Funds (One-Year Funding Cycle) An esti mated total of $151,705.80 is available to be used for eligible CDBG capital housing projects, and this falls under Budget Unit 260-72-709, CDBG Capital/Housing Projects . This consists of FY 2024-25 funding and unexpended funding from prior years. City staff conducted extensive outreach and the NOFA/RFP was sent to over 200 contacts in the affordable housing community. In addition, staff provided technical assistance to a number of affordable housing developers and non-profits during this time, resulting in the receipt of two applications in this category, totaling $362,237. The funding recommendations made by the Housing Commission are listed in the table below.

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4 1 CDBG Capital Housing Projects
FY 2024-25 Application
Summary
Funds
Available
(est.)
Funding
Requests
Housing Commission
Funding
Recommendations
FY 2023-24
Funding
Allocations
a
Rebuilding Together Silicon
Valley- Homeowner Repair
and Rehabilitation Program
$96,237.00 $96,237.00 $92,536.00
b
City of Cupertino – Senior
Center Cooling System
Improvements
$266,000.00 $55,468.80 $367,951.38
Sub-Total $151,705.80 $362,237.00 $151,705.80 $460,487.38

2023-24 BMR AHF Capital Housing Project Funds (One-Year Funding Cycle) The City estimates up to $ 4,250,000 will be available to fund eligible BMR AHF capital housing projects for FY 2024-25 after accounting for administrative and other expenses , and this falls under Budget Unit 265-72-711, BMR Affordable Housing Fund. Over the course of the year, staff met with multiple developers and non-profits to provide technical assistance in order to generate affordable housing. The City did not receive any eligible applications for FY 2024-25 BMR AHF Capital Housing Projects due to barriers such as the high cost of land and lack of adequate funding available to leverage the development of affordable housing. However, s taff will continue to provide outreach and technical assistance to interested affordable housing developers and non-profits throughout the year.

Sustainability Impact
Authorization of the housing funding agreements will not result in a sustainability impact.

Fiscal Impact
CDBG programs and projects are funded through HUD grant funds. BMR AHF programs and projects are funded by housing mitigation fees collected from residential and non -residential development projects. General Fund HSG activities are funded through the City’s General Fund.

Budget allocations for approved funding allocations will be included for City Council’s approval as part of the proposed and final budget.

California Environmental Quality Act
Not applicable.

Prepared by: Alec Vybiral, Senior Housing Coordinator Reviewed by: Luke Connolly, Assistant Director of Community Development
Benjamin Fu, Director of Community Development
Approved for Submission by: Pamela Wu, City Manager

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5 Attachments:

A - FY 2024-25 NOFA/RFP
B - Housing Commission Resolution 17-02 (CDBG Contingency Plan) C - FY 2024-25 CDBG & BMR AHF Funding Application Summary D - FY 2023-24 CDBG, BMR AHF, and HSG Public Service Funding Allocations 311
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City of Cupertino
Notice of Funding Availability (NOFA)
and Request for Proposals (RFP)
Issued: November 6, 2023
Deadline: February 6, 2024
The City of Cupertino has issued the fiscal year (FY) 2024/25 NOFA and RFP. The City is requesting proposals for eligible capital housing projects. The City may award and appropriate funds to one or mo re eligible projects in each funding category. Funds m ust be used to serve low-and/or moderate -income households located within the City of Cupertino jurisdiction limits . The City is not accepting applications for public services due to a two-year grant funding cycle ending in FY 2024/25.

Th
e following funding sources are on a one-year grant funding cycle (FY 24/25):

1. Below Market Rate (BMR) Affordable Housing Fund (AHF) Capital Housing Projects (up to $4,250,000)

2. Communit y Development Block Grant (CDBG) Capital Housing Projects (approx. $266,000) The estimate
d CDBG dollar amounts may change based upon the final federal budget approved by Congress.

BMR AHF and CDBG allocations are subject to City Council approval and may change as a result.

CAPITAL HOUSING PROJECT FUNDS:
• Funding Source #1- BMR AHF Capital Housing Projects (FY 24/25):

The City estimates up to $4,250,000 will be available to fund eligible BMR AHF capital housing projects on a competitive basis for FY 24/25. BMR AHF funds must be used for eligible housing projects that will s erve low- and/or moderate-income households located within the City of Cupertino jurisdiction limits.

Project Requirements:

BMR AHF capital housing project funds will not be granted or issued as forgivable loans. The City invites eligible non-profit and for-profit Development Entities (DEs) to submit proposals for eligible funding activities , which include, but are not limited to:
 Land acqui
sition
 New construction
 Acquisition and/or rehabilitation of buildings for permanent affordability  Substantial rehabilitation
Project Affordability Requirements:

BMR AHF affordable rental and/or ownership housing proposals must meet the City ’s BMR requirements and offer 99 years of affordability. An affordable regulatory agreement will be recorded against the proper ty t o ensure affordability.

Eligible Development Entities (DEs):

Eligible DEs include non -profit and for -profit organizations licensed to conduct business in the State of California.
• DE
s must demonstrate credit worthiness, financial capacity, relevant experi ence to undertake acquisition, rehabilitation, operation of rental housing, or redevelopment of new affordable housing.

Attachment A - FY 2024-25 NOFA/RFP
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• DEs must have no negative financial and project management history within the last five years (i.e., DEs has not been in monetar y default on a loan and has been current on all financial obligations and compliance documentation).

Loan Terms and Requirements:

Rental Ownership
Loan Type: Acquisition, predevelopment/construction
converting to permanent, rehabilitation
Acquisition, rehabilitation and/or
construction
Interest Rate: 3.0% simple interest 3.0% simple interest Loan Term: 30 yrs. 30 yrs.

Affordability
Term:
99 yrs. 99 yrs.

Security: Deed of Trust, Promissory Note and other
regulatory agreements recorded against the
property as required by the City
Deed of Trust, Promissory Note, and
other regulatory agreements recorded
against the property as required by the
City
Security
Position:

Will consider subordinating to a construction or
permanent lender with City approval
Will consider subordinating to a
construction or permanent lender with
City approval
Repayment
Terms:

Interest only. All outstanding interest and
principal will be due in full and payable on or by
the maturity date. Required 50/50 split of the
residual receipts.

Interest only. All outstanding interest and
principal will be due in full and payable on
or by the maturity date. Required 50/50
split of the residual receipts.

Timeframe: It is expected that projects must proceed
expeditiously to construction
It is expected that projects must proceed
expeditiously to construction
Financial Pro-
Forma:

Submit development financial pro-forma to be
reviewed by City. Subject to review by qualified
third-party consultant/organization to determine
reasonableness
Submit development financial pro-forma
to be reviewed by City. Subject to review
by qualified third-party
consultant/organization to determine
reasonableness
Environmental
Conditions:

All environmental conditions (EX: CEQA) that
are applicable to an eligible project must be
satisfied
All environmental conditions (EX: CEQA)
that are applicable to an eligible project
must be satisfied
Project
Conditions:

Project may be subject to Planning
Commission and/or City Council approval prior
to Deed of Trust, Promissory Note and other
recorded regulatory agreements being
executed and disbursement of funding being
approved
Project may be subject to Planning
Commission and/or City Council approval
prior to Deed of Trust, Promissory Note
and other recorded regulatory
agreements being executed and
disbursement of funding being approved

Underwriting Criteria:

Proposals and DE’s will be underwritten in accordance with City policies which includes , but not limited to , compliance with the General Plan, BMR Housing Mitigation Program Procedural Manual (Housing Mitigation Manual), and Policy and Procedures Manual for Administering Deed Restricted Affordable Housing Units (BMR Manual).

• Fundi ng Source #2: CDBG Capital Housing Projects (FY 24/25):

The City estimates allocating up to $266,000 in f unding for eligible CDBG capital housing projects on a competitive basis for FY 24/25. All CDBG projects must meet an eligible national objective and matrix code a s per HUD regulations. CDBG capital housing project funds must be used for projects that will serve low -income households located within the City of Cupertino jurisdiction limits. CDBG capital housing projects are subject to HUD Section 3 requirements. The CDBG program is directed toward expanding and maintaining the affordable housing supply; promoting housing opportunities and choices; maintaining and i mproving community facilities; 313
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increasing economic opportunities, accessibility, energy efficiency and sustainability; and providing supportive services specifically for persons of very low- and/or low-income. Targeted groups might include persons who are homeless, seniors, persons with disabilities, and other special needs groups.

CDBG funding is allo cated on a competitive basis . A list of eligible CDBG capital housing project activities is available on the HU D we bsite: https://www .hudexchange.info/cdbg-entitlement/cdbg-entitlement-program- eligibility-requirements/.

Santa Clara County M easure A- Affordable Housing Bond
The City’s NOFA/RFP is issued in conjunction with the County’s NOFA for the Measure A- Affordable Housing Bond. Measure A f unding is available on a rolling basis for development capital funding, project -based vouchers, and acquisition fundi ng. Information and applications are available on the County’s website:
ht tps://www.sccgov.org/sites/osh/HousingandC ommunityDevelopment/AffordableHousingBond/Pages/home.a spx

RFP Revi
ew Process:

Upon receipt of proposals, staff will conduct an initial review to determine program and/or project eligibility and completeness. The City reserves the right to send a written request to an appl icant requesting additional information. After the RFP deadline has been completed, all eligible and complete program and/or project applications will be forwarded to the C ity’s Housing Commissi on for initial rating and ranking. The Housing Commission is a five-member board appointed by the City Council and serves as the recommendation body to the City Council regarding hous ing policie s and funding recommendations. A Housing Commission public hearing will be held in which the initial rating and ranking of eligible and complete program a nd/or proj ect applications will occur. After the Housing Commission has initially rated and ranked applications, the funding recommendations will be forwarded to the City Council for final approval. A City Council p ublic hearing will be held to determine the final funding recommendations.

Award N otification :

After the City Council has made the final funding recommendations, organizations will be notified with re sults funded through this FY 24/25 RFP.

Discl aim er:

This RFP does not commit the City to award any contract or developer agreement, execute any grant or loan documents, pay any pre-award expenses, or pay any cos ts incurred in the preparation of a propos al. The City reserves the right to: 1) accept or reject any or all proposals received; 2) waive a non-substantive deficiency or irregularity; 3) negotiate with any qualified applicant; 4) execute grant or loan documents in what it believes to be in the best interest of the City; 5) cancel this request , in part or its entirety, if it is deemed to be in the best interest of the City; 6) reject the proposal of any applicant who has previously failed to perform properly ; 7) reject the proposal of any applicant who has failed to complete a contract within t he specified timeframe; 8) reject t he proposal of any applicant that is not in a position to fulfill a resulting contractual obligation; or 9) recommend partial funding of a proposal.

Evaluation Criteria:

Proposals will be reviewed and scored relative t o the below program an d project scoring summ ary. The maximum possible score is 100.

Scoring Summary Points

1. Organization Experience and Capacity 50

2. Program/Project Readiness 30

3. Program/Project Leveraged Funds 20
Maximum Possible Score 100

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RFP Application Information & Deadlines:

The RFP application period will open at 8:00am on Monday, November 6, 2023, and will end at 5:00pm on Tuesday, February 6, 2024. Organizations who intend to apply for funds through this RFP must apply online at www.citydataservices.net. To obtain a temporary login username and password, please visit and request at www.citydataservices.net. For additional questions , please contact Alec Vybiral, Housing Planner, at [email protected] ( 4 08) 777-1347. Any RFP application that does not meet the deadline will not be accepted.

N
ote: All proposals are subject to the conditions, instructions and specifications included in this RFP.

Applicants will be notified of upcoming meetings and public hearings to discuss the expenditure of these funds.

The City will provide alternative accessible formats of this document upon request. If you need this document in an alternative format such as large print, Braille, audiotape, or computer disc, please contact the City at the contact information listed above.

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RESOLUTION NO. 17-02

A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF THE 2017-18 CDBG, GENERAL FUND HUMAN

SERVICE GRANTS (HSG) PROGRAM AND BELOW MARKET-RATE (BMR)

AFFORDABLE HOUSING FUND (AHF) RECOMMENDED FUNDING ALLOCATIONS TO

CITY COUNCIL FOR FINAL ADOPTION
WHEREAS, the Housing and Community Development Act of 1974 provides that funds be made available for the Community Development Block Grant (CDBG) Program; and WHEREAS, the City of Cupertino wishes to apply for funds as an Entitlement Jurisdiction under said Act; and
WHEREAS, the City of Cupertino estimates receiving a $307,952 CDBG entitlement grant from the United States Department of Housing and Urban Development (HUD) to be allocated for fiscal year 2017-18; and
WHEREAS, the City of Cupertino estimates allocating $7,944 in CDBG program income for fiscal year 2017-18; and
WHEREAS, The City of Cupertino estimates allocating up to $8,161 of available uncommitted CDBG funds from prior fiscal year 2016-17 for fiscal year 2017-18; and WHEREAS, the City of Cupertino is required to submit a fiscal year 2017-18 CDBG Annual Action Plan to HUD for review and approval prior to being allowed to expend CDBG funds for fiscal year 2017-18; and
WHEREAS, the City of Cupertino put into place a CDBG Contingency Plan (Exhibit 1) because of the uncertainty in the federal budget and the revised timeline provided by HUD to submit the Action Plan; and
BE IT FURTHER RESOLVED that the Housing Commission of the City of Cupertino hereby recommends approval of the fiscal year 2017-18 CDBG, HSG and BMR AHF recommended funding allocations (Exhibit 2) to the City Council for final adoption; and BE IT FURTHER RESOLVED that the fiscal year 2017-18 CDBG, HSG and BMR AHF recommended grant funding allocations will be decreased/increased based on final budget allocations by HUD and the City Council.

Attachment B - Housing Commission Resolution 17-02 (CDBG Contingency Plan) 316
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PASS ED AND ADOPTED at a regular meeting of the Housing Commission of the City of Cupertino this 11th day of May, 2017 by the following vote:

Vote Members of the Housing Commission
A YES: Chair Daruwalla, Vice Chair Chu, Kapil, Zhao, Bose NOES: none
ABSENT: none
ABSTAIN: none
ATTEST: APPROVED:

KerriH~ Nill~
Senior Housing Planner Chair, Housing Commission
2 317
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Exhibit 1
CDBG Contingency Plan
In the case of funding increase, the following plan is recommended:
® Public Services ($47,188): Distribute the additional available amount in the public services cap until an applicant is fully funded. If an applicant reaches the funding amount requested, any remaining funds will be distributed to other applicants who have not yet reached the maximum funding amount.
® Administration ($63,107): Funds are to be allocated to the City of Cupertino for CDBG administration. General Fund allocation will be reduced accordingly. ® Capital/Housing Projects ($213,259): Distribute the additional available amount in the capital/housing projects cap until an applicant is fully funded. If an applicant reaches the funding amount requested, any remaining funds will be distributed to other applicants who have not yet reached the maximum funding amount.

In the case of a funding decrease, the following plan is recommended:
® Public Services ($47,188): Distribute any funding decrease proportionately among the remaining public service applicants, but maintain a minimum funding allocation of $15,000 for any applicant to the extent feasible.
® Administration ($63,107): Any decrease in funding will be supplemented by the General Fund for CDBG administration.
® Capital/Housing Projects ($213,259): Any decrease in funding will be supplemented by the Below Market Rate (BMR) Affordable Housing Fund (AHF) for CDBG capital/housing projects. 3 318
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1 Attachment C
FY 2024-25 Community Development Block Grant (CDBG) and Below Market Rate Affordable Housing Fund (BMR AHF) Funding Application Summary

1. CDBG Capital Housing Projects

Application 1a.

Name of Organization: Rebuilding Together Silicon Valley (RTSV) Name of Project: Housing Repair and Rehabilitation Project Annual Goal: 7 low-income Cupertino homeowners
Project Description: Provide critical home safety repairs and accessibility modifications for 7 low-income Cupertino homeowners.

Funding Request: $96,237.00
City Staff Funding
Recommendation: $96,237.00
Housing Commission
Funding Recommendation: $96,237.00

Application 1b.

Name of Organization: City of Cupertino Public Works Department Name of Project: Senior Center Cooling System Improvements Annual Goal: 800 seniors per year
Project Description: The packaged AC units at the City's Senior Center are approaching the end of their expected useful life and need to be replaced. This project would provide replacement and installation for those units.

Funding Request: $266,000.00
City Staff Funding
Recommendation: $55,468.80
Housing Commission
Funding Recommendation: $55,468.80

2. BMR AHF Capital Housing Projects

No eligible applications received.
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Attachment D
FY 2023-24 Community Development Block Grant (CDBG), Below Market Rate Affordable Housing Funds (BMR AHF), and General Fund Human Services Grant (HSG) Public Service Funding Allocations

1. CDBG Public Services:

Application 1a.

Name of Organization: Live Oak Adult Day Services
Name of Project: Senior Adult Day Care
Annual Goal: 20 low-income Cupertino seniors
Project Description: Provide a specialized program of adult day care for frail, dependent seniors to give respite for their caregivers.

FY 2023-24 City Council
Funding Allocation: *$19,054.05

Application 1b.

Name of Organization: West Valley Community Services (WVCS) Name of Project: Community Access to Resources and Education Program (CARE) Annual Goal: 100 low-income Cupertino residents
Project Description: CARE helps improve the self-sufficiency of low-income individuals at risk of homelessness by connecting them to community resources, making services easily available and accessible, and working with them on capacity building.

FY 2023-24 City Council
Funding Allocation: *$35,974.05

*Please note that these funding allocations are subject to the City’s final CDBG allocation from the U.S.

Dept. of Housing and Urban Development (HUD). Any changes in funding levels will adhere to the CDBG Contingency Plan (Attachment B).

2. BMR AHF Public Services:

Application 2a.

Name of Organization: Project Sentinel
Name of Project: Fair Housing – Tenant-Landlord Counseling and Dispute Resolution Services
Annual Goal: 100 low-income Cupertino residents
Project Description: Provide fair housing services to educate tenants and landlords on their respective rights and responsibilities, provides instruction on how to resolve housing problems, and conduct dispute resolution services such as mediation and conciliation to help resolve problems.

FY 2023-24 City Council
Funding Allocation: $50,000.00
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3. General Fund HSG Public Services:

Application 3a.

Name of Organization: Catholic Charities of Santa Clara County Name of Project: Long Term Care Ombudsman Program
Annual Goal: 60 low-income Cupertino residents
Project Description: The Ombudsmen helps to identify, receive, investigate, and resolve complaints, including violations of personal rights and allegations of elder abuse, for all residents in licensed long-term care facilities in the City of Cupertino.

FY 2023-24 City Council
Funding Allocation: $10,000.00

Application 3b.

Name of Organization: Maitri
Name of Project: MTH-Direct Client Services
Annual Goal: 7 low-income Cupertino residents
Project Description: Support women and children impacted by domestic violence who are residing at Maitri's Anjali Transitional House.

FY 2023-24 City Council
Funding Allocation: $24,678.11

Application 3c.

Name of Organization: Senior Adults Legal Assistance (SALA) Name of Project: Legal Assistance to Cupertino Elders
Annual Goal: 20 low-income Cupertino seniors
Project Description: Provide free legal assistance to seniors.

FY 2023-24 City Council
Funding Allocation: $16,287.55

Application 3d.

Name of Organization: West Valley Community Services (WVCS) Name of Project: Haven to Home
Annual Goal: 75 low-income Cupertino residents
Project Description: Provide case management using a harm reduction approach in helping struggling families and individuals move out of crisis towards self-sufficiency by helping them build their own safety net in order to help them avoid homelessness.

FY 2023-24 City Council
Funding Allocation: $74,034.34
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CITY OF CUPERTINO
Agenda Item
24-13019 Agenda Date: 4/16/2024
Agenda #: 11.

Subject: Potential service-level reductions for the FY 2024-25 Proposed and Final Budgets Provide confirmation on potential service-level reductions for the FY 2024-25 Proposed and Final Budgets
Presenters: Kristina Alfaro, Director of Administrative Services and Thomas Leung, Budget Manager
CITY OF CUPERTINO Printed on 4/10/2024Page 1 of 1
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1 CITY COUNCIL STAFF REPORT
Meeting: April 16, 2024

Subject
Potential service-level reductions for the FY 2024-25 Proposed and Final Budgets

Recommended Action
Provide confirmation on potential service-level reductions for the FY 2024-25 Proposed and Final Budgets

Reasons for Recommendation
Background
On January 17, 2024, staff sought Council direction on potential service -level reductions to help resolve the City’s structural deficit. Council provided feedback and directed staff to provide additional information on the following questions. Responses to those feedback and questions are included below.

Responses to Council Feedback

Operations and Maintenance
Feedback Department Response
Confirm the City provides an ACH
option so that customers are not limited
to pay on credit cards only
The City currently has the capability to
process ACH payments but is exploring
methods to streamline the process. The
ACH payment process will be finalized
by July 2024, when the updated fee
schedules go into effect. Furthermore, the
City accepts checks and cash as a form of
payment and customers would not incur
the proposed credit card charge.

Provide information on costs to further
reduce Scene printed copy
A digital-only Scene publication would
reduce estimated costs by $53,600 ($9,000
printing cost + $4,400 postage cost for 4
publications) per year. Currently, each
printed issue of the Scene costs $15,900,
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2 including $2,500 for graphic design,
$9,000 for printing, and $4,400 for
mailing/postage.

Keep funding both CUSD and FUSHD
crossing guard programs
Total crossing guard funding (estimated
$301,293 for CUSD and FUSHD) will be
retained in the City’s budget.

Keep Poet Laureate program but explore
sponsorship opportunities
Staff has explored funding from the
Library, but they decided against funding
this program. Staff proposes retaining
Poet Laureate funding ($2,000) in the
City’s budget.

Keep staff training, as necessary Staff training will be retained, as necessary.

Further understanding of how Enterprise
Funds (BBF and Sports Center) and
Senior Center expenses work
Staff from Parks and Recreation and
Administrative Services met with the
Mayor in early April to provide details on
how the Senior Center and Blackberry
Farm Enterprise Funds operate.

Infrastructure
Feedback Department Response
Provide more information on sidewalk
maintenance and street tree maintenance
and how programs would work
Subsequent to the previous discussion,
staff has revised this budget reduction
proposal to minimize the cost impact to
residents. Attachment A provides a
description of the reductions. Updated
fiscal impacts for sidewalks and trees are
included below.

Research a potential fee or tax specific to
the sidewalk and street tree
programs
Staff will continue to explore revenue
options. Generally, taxes for a specific
purpose require a 2/3 majority to pass.

Initial research indicates no neighboring
agencies have implemented this option.

Confirm with CUSD on the proposal
related to sports field at school grounds
Staff has been working with CUSD on
options. Due to timing and contract
commitments, staff recommends
continuing this effort as advanced
planning for FY 2025-26.

Fiscal Accountability
There was no Council follow-up for this item.

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3 Community Benefit
Feedback Department Response
Keep all programs but look for potential
sponsorships
There is an ongoing effort to continue
exploring potential sponsorship or
donation options.

Updates to Service-Level Reductions
The following table shows changes to the proposed service -level reductions since they were first introduced on January 17, 2024. Any service -level reductions not listed are assumed to move forward unless Council provides additional direction.

Details for the proposed service-level reductions are included in Attachment A. The fiscal impact for the updated reductions is $9.0 million, compared to $10.5 million in reductions proposed on January 17, 2024.

Grouping Proposed
Service-
Level
Reduction
1/17/2024
Estimated
Budget
Reduction
1/17/2024
Updated
Proposed
Service-
Level
Reduction
4/16/2024
Updated
Estimated
Budget
Reduction
4/16/2024
Difference
Operations
and
Maintenance
Reduce
Crossing
Guard
Services
$50,000 This
reduction
has been
eliminated.
$0 $(50,000)
Crossing guard
funding will be
retained in the
budget per Council
direction.

Operations
and
Maintenance
Reduce
Budget for
Internal
Audit
$70,000 Reduce
Budget for
Internal
Audit
$40,000 $(30,000)
Added back funding
for one additional
audit. Total budgeted
cost is $60,000, down
from FY 2023-24 cost
of $100,000
Operations
and
Maintenance
Reduce
Parks &
Recreation
Expenses
$33,619 Reduce
Parks &
Recreation
Expenses
$31,619 $(2,000)
Added back funding
for Poet Laureate
program.

Infrastructure Shift School
District
$737,394 This
reduction
$0 $(737,394)
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4 Grounds
Maintenance
to School
District
has been
eliminated. Due to timing and
contract
commitments, staff
recommends
continuing this effort
as advanced planning
for FY 2025-26
Infrastructure Shift Street
Tree
Maintenance
to Property
Owners
$455,008 Maintenance
of Trees and
Medians
Service
Level
Reduction
$200,000 $(255,008)
See Attachment
Infrastructure Shift
Sidewalk
Maintenance
to Property
Owners
$1,000,000 Maintenance
of Sidewalk,
Curb and
Gutter
Service
Level
Reduction
$600,000 $(400,000)
See Attachment

Community Engagement
Following Council’s study session and to encourage strong community involvement, interactive in-person town hall meetings were held on February 29, 2024 and April 11, 2024. The meeting s aimed to engage residents, businesses, and stakeholders. These sessions provided enhanced transparency and collaboration, fostering inclusive decision- making processes.

Furthermore, during April, City staff organized focus groups and budget-related outreach at multiple locations across the city. These initiatives were aimed at ensuring diverse voices were heard and actively included in the budget discussions.

Next Steps
The service-level reductions will be incorporated into the FY 2024-25 Proposed Budget for Council consideration in May.

Sustainability Impact
No sustainability impact.

Fiscal Impact
Proposed service-level reductions and fiscal accountability measures are estimated to reduce ongoing expenditures by approximately $9.0 million annually. Implementing these reductions would significantly help reduce the $15 million structural deficit.

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5 In the January 17, 2024 budget forecast, a deficit of $10.1 million was projected for FY 2024-

25. It is expected to be covered by $9.0 million in reductions and $1.1 million in unassigned fund balance. An updated forecast will be presented as part of the FY 2024 -25 Proposed Budget. In the upcoming year, the City remains committed to tackling this deficit by balancing service-level reductions and revenue enhancements until the shortfall is resolved.

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 – Public Works Sidewalk and Trees Follow-up
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Maintenance of Trees and Medians Service Level Reduction The original budget reduction proposal included shifting the cost and responsibility for street tree maintenance to adjacent property owners, and shifting the staff focus to city owned properties. As staff worked towards developing this revised program, the difficulty with enforcing maintenance and the resulting risk of unmaintained trees caused staff to relook at options.

Staff’s new proposal explores a modification of its in-house services to include maintenance of the trees on City owned properties that have been maintained by contract in the Grounds Division, which would result in $200,000 in reductions.

The additional work associated with the previously contracted services will be reallocated within the department. The resulting service level impacts will be lengthening the tree trimming cycle (from 7 years to approximately 10 years). This cycle is at the edge of the recommended tree trimming cycle of 5-10 years, but still at an acceptable level of service compared to other municipalities. In addition, medians on key corridors, such as De Anza Boulevard and Stevens Creek Boulevard will retain a high level of maintenance. Other locations will be maintained at a less frequent interval, which could, for example, mean fewer shrubs resulting in less service needs.

The focus on tree maintenance over median maintenance prioritizes the safety associated with trees over the high-level aesthetic achieved in medians, resulting in medians that have a more average maintenance level.

Maintenance of Sidewalk, Curb and Gutter Service Level Reductions The original budget reduction proposal included shifting the cost and responsibility for sidewalk maintenance to the adjacent property owner. In reviewing an implementation plan for this proposal, staff revisited the service delivery model and developed a preferred alternative, presented here.

This new alternative will retain City maintenance of sidewalks within the concrete maintenance program. The program will focus on ADA requirements and curb and gutter modifications to facilitate pavement maintenance. In addition, the program will shift the sidewalk maintenance focus from removal and replacement to grinding of tripping hazards, except in extreme situations. Grinding is a common solution that uses equipment to remove concrete where there are elevation changes (tripping hazards) between two sections of concrete. As a solution this has some advantages, including minimizing the environmental impact of removing and replacing concrete and significant cost savings. The disadvantages can include a less aesthetic solution and the inability to cure the underlying cause.
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This option would result in a reduction in expenditures of approximately $600,000 annually.
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CITY OF CUPERTINO
Agenda Item
23-12357 Agenda Date: 4/16/2024
Agenda #: 12.

Subject: Study Session and staff presentation on the 6th Cycle Housing Element Update Receive the staff presentation on the 6th Cycle Housing Element Update Presenter: Luke Connolly, Assistant Director of Community Development CITY OF CUPERTINO Printed on 4/10/2024Page 1 of 1
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CITY OF CUPERTINO
Agenda Item
24-13064 Agenda Date: 4/16/2024
Agenda #: 13.

Subject: Councilmember Reports
CITY OF CUPERTINO Printed on 4/10/2024Page 1 of 1
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1 CITY COUNCILMEMBER REPORT*
Meeting: Tuesday, April 16, 2024

+for the “Councilmember Reports” agenda item under the “COUNCIL REPORTS” section

Reporting Councilmember: Councilmember Liang Chao

Report Dates: 3/26/24 t
o 4/9/24

Section 1: Activities by Date (Date, Title, and Description):

NOTE:
● This list does not include internal meetings with staff only, such as prep sessions or meetings with the City Manager.
● This list includes activities to “represent the community I am elected to serve”, “to respond to community needs and complaints,” and “to communicate policies and programs to residents,” among other responsibilities of a City Councilmember.
● Due to my work schedule, I have cut down on the event attendance for ceremonial purposes, especially those I have attended almost every year in the past. Instead, I focus more of my time on constituent services.

2024-04-01 Speech with Boy/Girl Scouts, Troop BSA 2485, on the U.S. Constitution and the Roles and Responsibilities of Citizens (My presentation)
- I started with an example: “your friend has posted several articles claiming that the earth is flat, not round. What would you do?” to initiate a discussion on the rights to freedom of speech versus censorship.
- I showed that the Constitution has been amended a few times to add rights of citizens. But the Equal Rights Amendment to ensure “Equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex” has not b een rectified by all of the states in order to be added to the Constitution. More info. - I then led an activity to give everyone a chance to talk about how one of the list rights or the responsibilities could be applied themselves now or in the future.

2024-04-02 Visited Memorial Park to observe the pilot pickleball program to provide 8 pickleball courts on two of the 5 tennis courts at the Memorial Park. - The pilot program was likely started last September with 4 pickleball courts in one tennis court and then expanded to two tennis courts recently. The play hours allowed are daylight to 9pm. 332
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2 - Inquired a resident about pickleball at Sports Center and learned that some tennis courts there are also shared with pickleball at some hours.

2024-04-04 Submitted questions to understand any current policies/practices to capture sales tax from building materials for construction projects in Cupertino, in response to a public comment at April 3 Council Meeting.
- A short response will be provided by staff soon.

2024-04-06 Discussed with a constituent about her concern that Cupertino’s ACFR (Annual Comprehensive Financial Report) has not been completed yet, 10 months after the end of the fiscal year on June 30, 2023.
- Most cities have filed their ACFR by December 2023, within 6 months of the end of the fiscal year.

An informative table is included in her email , submitted as written communication for the upcoming April 16 Council meeting.
- A table in the email shows that quite a few cities have received the “Certificate of Achievement for Excellence” for many consecutive years and some received “Distinguished Budget Award: for consecutive years.

2024-04-07 Discussed with a constituent about the SB 330 project mentioned in this article at 20739 Scofield Drive, Cupertino, where 23 units are proposed to replace a single-family home. Another constituent inquired about the same project too a day later. - From the Cupertino GIS Property Information site , the site is zoned R1- 1 0 with Low Density 1 -5 units/acre. With 23 units on the 0.32 acre site, the density would be 71.8 units/acre. - T he single family homes in that area are mostly zoned R1 -10 or R1- 7.5. In fact, the GIS Property Information site shows that many other areas in Cupertino are zoned R1-10 or R1-7.5.

2024-04-08 Requested an update on the Cupertino Public Facilities Corporation, since a member of the public questioned it again at the April 3 Council meeting. - A memo was provided to the Council last December. Staff has taken steps to fix the issues found. - The Cupertino Public Facilities Corporation is a legal requirement for the debt issuance for multiple projects, such as the Library and the Community Hall from 2012. After the refinance in 2022, the outstanding balance is $22M.

2024-03-27 Spoke with a constituent on her comment, regarding Accounts Payable , questioning whether the Below -Market-Rate (BMR) funding has been used to pay attorney cost associated with YIMBY lawsuit on the Housing Element.
- The staff has provided memos on this matter and an earlier issue with federal CDBG Grant (memo, timeline). Steps have been taken to address the issue.
- Her public comment from the April 3 Council meeting provided a chart of BMR fund f rom 2014 to 2023 and expressed concerns on high administration cost and use of funds potentially not meeting the stated purpose.
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3 2024-04-08 Spoke to a constituent about potential alternative locations for pickleball courts.

Another constituent sent me the cost for pickleball courts in other cities.

2024-04-09 Phone call with President of Retired Chinese Choir a t Mountain View Senior Center
on the posting policies for flyers at Cupertino Senior Center, after multiple emails from her to request to post their flyers.
- The current unwritten policy: "Our practice for posting flyers is to highlight Cupertino Non-Profit programs and programs offered by the City.” Thus, one wonders whether we should allow other non-profits to post their programs to outreach to Cupertino residents?

Section 2: Committee Assignment

- No committee assignment during this period

Section 3: Other Information of Interest to My Constituents:

1. Housing Element Update:
- The revised third Housing Element draft, dated March 20, was posted on the City’s website at engagecupertino.org/public-d ocuments.
- The study session for Housing Element will be held at the April 16 Council Meeting. This would be the first meeting where a draft of the Housing Element is put on the the Council agenda.

2. FUHSD By-Trustee-Area Election in November 2024
- On April 9th, the CTAD Committee selected twp maps to recommend to the FUHSD Board, who would adopt one at their April 24 meeting..
- U pcoming meetings:
- Wednesday April 24, 2024 FUHSD Board Meeting (6 p.m.) - likely final adoption of the trustee-area maps

(Last Activity Report in the April 3, 2024 Council Meeting Agenda.)

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1 CITY COUNCILMEMBER REPORT
Meeting: April 16, 2024

Reporting Councilmember: Vice Mayor J.R. Fruen

Report Dates: 3/26/24 to 4/8/24

Event Date, Title, and Description:

Event 1. March 28, 2024 – Meeting with representatives of Summerhill Homes – I met with representatives of Summerhill Homes to discuss their proposed project at the former Fontana’s restaurant site and adjoining properties.

Event 2. March 29, 2024 – Weekly Meeting with the City Manager – I attended my weekly meeting with City Manager Wu to discuss the upcoming council agenda, resident concerns, and items of interest.

Event 3. March 29, 2024 – City Work Plan and Memorial Park Specific Plan Briefing – I attended this briefing and preparatory session offered by City Manager Pamela Wu, Assistant City Manager Matt Morley, and Chad Mosley and Susan Michaels of Public Works. The briefing was informative and useful preparation for the April 3 council discussion.

Event 4. April 2, 2024 – Meeting with representatives of KIMCO – I met with representatives of KIMCO Realty in relation to their request to extend their development agreement to develop a new hotel at the edge of Cupertino Village.

Event 5. April 5, 2024 – Weekly Meeting with the City Manager – I attended my weekly meeting with City Manager Wu to debrief on the April 3 council meeting, and to discuss the next council agenda, resident concerns, and items of interest.

Event 6. April 5, 2024 – Fremont Union High Schools Foundation Dinner – I attended this fundraiser dinner for the benefit of the Fremont Union High Schools Foundation which 335
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City Council Councilmember Report

2 provides grant money for the direct benefit of students and instructional programs at FUHSD’s five high schools.

Event 7. April 7, 2024 – Cupertino Holi – Together with Mayor Mohan, I attended the kickoff of the Chamber of Commerce’s annual Festival of Colors in Memorial Park. A chilly morning gave way to a bright and cheerful afternoon at a very well attended event.

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1 CITY COUNCILMEMBER REPORT
Meeting: April 16, 2024

Reporting Councilmember: Mayor Sheila Mohan

Report Dates: 3/26/24 to 4/8/24

Item Date, Title, and Description:

3/26/24: Met with representatives of the Age Friendly Cupertino Group to discuss their concerns including housing for care staff for seniors, transportation for seniors, affordable housing, senior-friendly housing at all income levels, and demographics of Cupertino in the next few years.

3/27/24: Attended the West Valley Mayors and Managers meeting. Mayors and City Managers from Campbell, Los Gatos, Monta Sereno and Saratoga discussed the housing element status in each city, housing laws update, and the challenges posed by requirements of the Housing Elements. The West Valley cities, except Campbell, are all awaiting certification from HCD.

3/27/24: Together with Councilmembers Wei and Moore, I attended the Lehigh Annual Meeting moderated by County Supervisor Joe Simitian and hosted by the City of Cupertino.

The topic of discussion was the future of the Lehigh Cement Plant and Quarry site. A panel representing several oversight agencies answered questions from community members.

Supervisor Simitian reiterated the commitment to permanently close the cement plant, and end quarrying activity. Restoration of the site is expected to take many years, but it will happen.

3/28/24: To celebrate Read Across America, a national program to encourage children to read, I read “Green City” by DyAnne DiSalvo-Ryan to 3rd graders from Stevens Creek Elementary School. The children’s book featured characters who secretly planted seeds along the very tiny and very urban sidewalk and watched a green city come to life. Deputy Sheriff Patel, the resource officer for the school, coordinated the reading session.

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2 3/28/24: Interviewed with Samhita Kashyap, a student of Monta Vista High School, about the possibility of the City extending the hours of operation of the SV Hopper to enable students who take public transportation to attend after-school activities.

3/29/24: Enjoyed a lunch at the lovely Parkside restaurant in Los Gatos, hosted by Councilmember Maria Ristow. This was a group of women elected officials, past and present, who shared their experiences in public service and the joys and challenges they encountered along the way.

3/29/24: Together with Sunnyvale Mayor Larry Klein and Vice Mayor Murali Srinivasan, I performed the ribbon-cutting for Kovai, a South Indian restaurant which opened on De Anza Blvd. The restaurant is located in San Jose, but only a few feet from Cupertino, and specializes in South Indian delicacies such as dosa and idli.

3/30/24: Braved some initially inclement weather to participate in the Big Bunny 5K fun run. The 3.1-mile race through the streets of Cupertino started and finished at the Civic Center Plaza. Approximately 500 participants attended. Councilmember Kitty Moore and I distributed medals to winners in several categories. Kudos to Councilmember Moore for finishing in the top three in her category.

4/2/24: Participated in a zoom meeting with representatives of Kimco to discuss their plans for a hotel in the Cupertino Village. This was in preparation for the 4/3/24 Council agenda on which this item appeared.

4/3/24: Attended a meeting with a Cupertino resident, an advocate for the bird safe and dark skies ordinance to be included in all discussions pertaining to new developments in the City.

4/5/24: I was the guest speaker at the Chamber of Commerce Legislative Action Committee meeting, and my remarks focused on recent developments in the city and recent actions approved by the City Council to enhance economic development activities and welcome small businesses.

4/5/24: I attended the Spring for Education, a fund raiser for the FUHSD Foundation. A well-attended event which featured performances by high school students, a catered dinner and a very successful silent auction.

4/7/24: The Chamber of Commerce organized a fun-filled Holi celebration in Memorial Park. A large number of members of the public celebrated the arrival of Spring by tossing 338
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City Council Councilmember Report

3 colors, dancing to the lively music, and enjoying food at the food trucks. Together with Vice Mayor Fruen and other elected officials, I made a few remarks welcoming the crowd.

4/8/24: I hosted the monthly Chai and Chat with the Mayor at Starbucks inside Target. A group of about 15 attended and asked questions ranging from pickle ball courts to stray cats to pavement repairs.

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1 CITY COUNCILMEMBER REPORT
Meeting: April 16, 2024
Reporting Councilmember: Councilmember Kitty Moore
Report Dates: 3/26/24 to 4/8/24
Event Date, Title, and Description:

March 27, 2024. Attended EOPA NY/NJ Offshore Wind Virtual Summit live webinar.

This 3-hour event included electeds from across the U.S. for an enlightening discussion about offshore wind farms and the challenges these energy sources face. From the webinar host: “The virtual summit will highlight state and local policy solutions for offshore wind investments, leasing, manufacturing, workforce development projects, supply chains, labor laws and
prevailing wage, and environmental
reviews to keep offshore wind moving
forward. Led by representatives of
frontline communities across New
Jersey and New York, our virtual
Summit will provide an educational
opportunity for how offshore wind will
benefit NY/NJ communities and why
offshore wind is the safest way of
providing energy for our communities
and future.” Source:
https://protectingamerica.net/events/eopa-ny-nj-offshore-wind-virtual-summit/ During the summit, Brown University’s Climate and Development Lab’s report on offshore wind opposition was mentioned with a complex funding network map included here, above, with a link below to their report “Against the Wind: A Map of the Anti-Offshore Wind Network in the Eastern United States” December 2023:
https://www.climatedevlab.brown.edu/post/against-the-wind-a-map-of-the-anti- offshore-wind-network-in-the-eastern-united-states
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City Council Councilmember Report
2 January 8, 2024-March 27, 2024. Completed Winter quarter Environmental Studies courses: Environmental Management Tools: Environmental Management Systems & Environmental Performance Reporting and Environmental Resource Mgmt & Pollution Prevention: Air, Water & Land. Topics: quality management-related ISO 14001 sustainability planning standards, air pollution controls, water law and clean-up standards. This is the start of my third year in Environmental Studies. Class has reviewed our Cupertino GP, Sustainability elements, local Superfund sites, and studied groundwater contamination. The 11 courses in ES completed the Basic Environmental Studies Certificate Program, the current quarter will wrap up the Advanced Program.

March 27, 2024. Supervisor Joe Simitian’s Annual Lehigh Cement Plant/Heidelberg Materials Community Meeting. Attended this year’s update on the cement plant which is no longer producing cement. For a concise and interesting history of the plant read here: https://en.wikipedia.org/wiki/Permanente_Quarry Information from the County is here: https://plandev.sccgov.org/policies-programs/smara/permanente Of note, it will take around ten years for the reclamation to begin, and that filling the pit is expected to take 30 years with 600 truck trips per day, and that is after going through a process with public engagement regarding the specifics of the plan. After the meeting I asked members of the panel about the potential for PFAS in the groundwater considering firefighting and metal manufacturing at the site.

March 29, 2024. Attended a prep session with Staff regarding Memorial Park and the City Work Program.

March 30, 2024. Big Bunny 5K. Competed in this fun and excellent run for kids of all ages. Placed 3rd for my age group for the 3rd year in a row and helped pass out medals to the participants donning our bunny ears.

April 3, 2024. City Council Meeting.

April 4, 2024. Attended the Catalyze SV tour of the Vitalia below market rate housing project in San Jose. This is a 79-unit affordable housing development on South Bascom Avenue which is very thoughtfully built for the residents. The development reduced the height to accommodate concerns from the single-family development which it backs to. In making this accommodation the developer needed to add a level of underground parking. Landscaping is beautifully done with attractive bioretention ponds as well.

With the pandemic in mind, there is plenty of outside air circulation to improve indoor air quality.
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City Council Councilmember Report
3 You may read more about the Vitalia development here:
https://housing.sanjoseca.gov/listing/4a27d186-4bcb-4a4d-b731- d457b848abd1/vitalia_apartments_3100_s_bascom_avenue_san_jose_ca Here are some photographs of the tour showing the art glass mural in the lobby, a kitchen in one of the units, and the view of the Valley from the upper deck:

April 5, 2024. Represented the City at the County of Santa Clara “Housing and Community Development Advisory Committee” at 70 W. Hedding St. San Jose.

Meeting agenda may be found here:
https://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=16207 This committee last met in 2022 and will likely only have this one meeting for the year.

After approving the minutes from the prior meeting, the Committee received a presentation on the FY 24-25 funding recommendations relating to the Community Development Block Grant (CDBG) and HOME Investment Partnerships Act Program to forward to the Board of Supervisors for considerations. The Committee held a robust discussion on these funding sources and recommended the Board approve their use per staff recommendation.
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4 Because the City of Cupertino has over 50,000 residents, like other larger cities in the county, we do not receive county CDBG funds, and instead receive them directly from HUD. Cupertino is however part of the HOME Consortium and should an affordable housing development be “shovel ready” they should apply for HOME Consortium funding which is a little over $1M currently.

During the meeting I requested an update on the 2020-2025 Community Plan to End Homelessness which is a roadmap of strategies to end homelessness in the county which Cupertino endorsed. Here are the 3 strategies:

Source: https://osh.sccgov.org/continuum-care/reports-and-publications/community-plan-end-homelessness The following are the targets to be achieved by 2025 and the progress update provided in the meeting:

Target Progress
Achieve a 30% reduction in the
annual inflow of people becoming
homeless
Not at 30% yet, had significant pandemic
impacts
House 20,000 people through the
supportive housing system
Over 14,000 people have been housed
Double the temporary housing and
shelter capacity to reduce the number
of people sleeping outside
44% increase with 384 temporary units in the
pipeline
Address the racial inequities present
among unhoused people and families
and track progress toward reducing
disparities
See December 2023 year-end update here:
https://osh.sccgov.org/sites/g/files/exjcpb671/fil
es/documents/2023-year-end-progress-
report.pdf
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5 More information on the plan is here: https://osh.sccgov.org/continuum-care/reports-and- publications/community-plan-end-homelessness
Information on Destination: Home is here: https://destinationhomesv.org/ April 8, 2024. Attended 2:1 meeting with the City Manager and City Attorney.

April 8, 2024. Addressed constituent concerns regarding the newest SB 330 project, grants to small businesses, contracts, ACFR, Certificates of Participation, Housing Element, and City Budget.
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1 CITY COUNCILMEMBER REPORT
Meeting:  April 16, 2024

Reporting Councilmember:  Councilmember Hung Wei

Report Dates:  3/26/24 to 4/8/24

Item Date, Title, and Description:

Event 1.  Tuesday March 26, 2024 @3:00pm, meeting with KIMCO representatives at Cupertino Village

Met with Michael and Sunil from KIMCO to go over designs and plans for extension of the hotel at Cupertino Village.

Event 2.  Wednesday March 27, 2024 @ 6:30pm, Annual Lehigh Southwest Cement Plant Public Hearing @ Cupertino Community Hall

Attended th
e Annual Lehigh Southwest Cement Plant Public Hearing hosted by County Board of Supervisor Joe Simitian.

Event  3.   Friday  March  29,  2024  @  Noon,  Luncheon  with  former  and  current  women  City Councilmembers and elected officials hosted by Los Gator Councilwoman Maria Ristow

Attended the quarterly get‐together of women elected officials, former and current, to network, exchange ideas, and fellowship.

Event  4.   Friday  March  29,  2024  @  2:00pm,  Prep  Session  with  City  staff  on  Vision  Zero  and Memorial Park

Attended a Prep Sessi
on with staff on Vision Zero and Memorial Park with Q&A to prepare for the upcoming City Council Meeting.

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City Council  Councilmember Report

2 Event 5.  Saturday  March 30, 2024 @ 1:00pm, Northern California Chinese Schools Association Annual Student Competition Award Ceremony

Attended  and  giving  Awards,  as  Cupertino  City  Councilmember,  to  winners  of  the  Northern California Chinese Schools Association’s annual competition.

Event 6.  Monday April 1, 2024 @ 3:00pm, meeting with representatives from Summer Hill Homes

Met with representatives from Summer Hill Homes to go over des igns and plans on its proposed
project on 20840 Stevens Creek Blvd.

Event 7.  Friday April 5, 2024 @ 12:30pm, Legislative Action Committee ZOOM meeting hosted by Cupertino Chamber of Commerce with Mayor Sheila Mohan as Keynote Speaker

Attended  th
e  ZOOM  meeting  of  the  Legislative  Action  Committee  Meeting  of  the  Cupertino Chamber  of  Commerce  and  listened  to  Mayor  Sheila  Mohan’s  address  to  the  Chamber  Board Members and the public.

Event 8.  Friday April 5, 2024 @ 5:00pm, the Fremont Union High Schools Foundation’s Spring for Education fundraiser @ Cupertino Quinlan Center

Attended the Annual Spring for Education fundraiser hosted by the Fremont Union Hig h Schools
Foundation  benefiting  students  in  five  public  high  schools  with  student  performances  and testimonials.  The  fundraiser  was  well  attended  by  local  public  officials,  teachers,  district  staff, parents, and the general public who support public education and teen education.

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CITY OF CUPERTINO
Agenda Item
24-13073 Agenda Date: 4/16/2024
Agenda #: 14.

Subject: Conference with legal counsel - existing litigation pursuant to Government Code § 54956.9 (Lewis & Tibbits, Inc. v. City of Cupertino, Santa Clara County Superior Court Case No. 23CV423990) CITY OF CUPERTINO Printed on 4/10/2024Page 1 of 1
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