Cupertino City Council
November 19, 2024

CC 11-19-2024
402 of 784
Form 2
Operating Statistics City of Cupertino Future Services
Proposer Name: Recology
Note to Recology: Input data in yellow shaded areas only.

RollͲOff
(Form 6D)
Solid Waste
Recyclable
Materials
Organic
Materials Solid Waste
Recyclable
Materials
Organic
Materials Solid Waste
Recyclable
Materials
Organic
Materials
All Material
Types
Bulky Items/
Reusable
Materials
Other
(Specify) TOTAL
1 Account Information
# of weekly accounts (customers) 13,972 13,972 13,972 453 998 371 542 422 120 Labor Information
2 # of regular route personnel 3.8 3.9 3.0 0.2 0.8 0.043 2.3 1.7 0.9 2.1 1.0 19.63 Labor hours/day/person 8.0 8.4 8.1 8.0 8.4 8.1 9.1 8.6 8.0 8.0 8.04 Total labor hours/year 7,925 8,474 6,255 333 1,660 91 5,347 3,779 1,895 4,451 2,080 0 42,289 Route Information
# of routes per
5 Weekday 3.81 3.88 2.97 0.16 0.76 0.043 2.26 1.69 0.91 2.14 1.00 19.6 6 Saturday 1.4 0.3 0.3 0.71 2.77 Sunday 0.0
# of persons per route per
8 Weekday 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0
9 Saturday 1.0 1.0 1.0 1.0
10 Sunday
# of route hours/day/route per
11 Weekday 8.0 8.4 8.1 8.0 8.4 8.1 9.1 8.6 8.0 8.0 8.0
12 Saturday 8.0 8.0 8.0 8.013 Sunday
# of route hours per year per:
14 Weekday 7,925 8,474 6,255 333 1,660 91 5,347 3,779 1,895 4,451 2,080 42,289 15 Saturday 582 125 125 295 1,12716 Sunday 017 Total Route Hours per Year (all routes) 7,925 8,474 6,255 333 1,660 91 5,930 3,904 2,020 4,747 2,080 0 43,41618 # of FTE routes 3.81 4.07 3.01 0.16 0.80 0.04 2.85 1.88 0.97 2.28 1.00 0.00 20.8719 Total # of cart setouts per day for all routes 2,431 2,347 2,06820 # of cart setouts/day/FTE route 638 576 68821 # of cart setouts per week for all routes 12,156 11,736 10,33922 # of household driveͲbys per wk for all routes 13,972 13,972 13,97223 Set out rate (%) 87% 84% 74%24 # of lifts or pulls per week for all routes 471 1,554 375 915 922 225 58 9525 # of lifts or pulls per year for all routes 24,492 80,808 19,500 47,580 47,944 11,700 3,002 4,940 026 # of lifts or pulls per route hour 73.6 48.68 215.33 8.02 12.28 5.79 0.63 2.38 0.00 Vehicle Information
27 # of regular collection vehicles (from Form 4) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.029 # of spare collection vehicles (from Form 4) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.030 Total # of collection vehicles 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Tonnage Information (annual)
31 Solid Waste Collected 7,520 360 6,150 3,250 17,280.032 Recyclable Materials Collected 4,890 380 2,200 480 7,950.033 Organic Materials Collected Facillity #1 8,010 116 1,000 9,126.034 Organic Materials Collected Facillity #2 0 2,600 2,500 5,100.035 C&D 2,500 2,500.036 HHW 0.037 Bulky Items/Reusable Materials Collected 0.038 Other Materials Collected (Specify) 0.039 Total Collected 7,520 4,890 8,010 360 380 116 6,150 2,200 2,600 9,730 0 0 41,95640 Processing residue disposed 0.041 Net Diverted (Line 32 + 33 + 34 + 35 + 36 + 37 + 38Ͳ40) 0 4,890 8,010 0 380 116 0 2,200 2,600 6,480 0 0 24,676

58.8%
REPORT FOR 12ͲMONTH PERIOD Residential Cart Service (Form 6A) From February 1, 2021 to January 31, 2022
Commercial Cart Service (Form 6B) Commercial Bin Service (Form 6C) Other (Form 6E)

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Form 2
Operating Statistics City of Cupertino Future Services
Proposer Name: Recology
Notes for Form 2:

Pulls = pull and return etc.Full Time Equivalent (FTE) = 40 hours per week, 2,080 hours per year Line 27 ͲNo input needed by Recology, data linked to Form 4ͲCapital. Data should reflect the assumptions used for the basis of the costs proposed in Forms 6AͲ6E.

Line 28 ͲNo input needed by Recology, data linked to Form 4ͲCapital. Data should reflect the assumptions used for the basis of the costs proposed in Forms 6AͲ6E.

Line 29 ͲNo input needed by Recology, data linked to Form 4ͲCapital. Data should reflect the assumptions used for the basis of the costs proposed in Forms 6AͲ6E.

Line 41ͲShould equal Line 32 + Line 33 + Line 34 + Line 35 + Line 36 + Line 37 + Line 38ͲLine 40 Line 30ͲShould equal Line 27 + Line 28 + Line 29
Lines 31 Ͳ38ͲData to be input by Recology. Data should reflect the assumptions used for the basis of the costs proposed in Forms 6AͲ6E.

Line 39ͲShould equal the sum of Line 31 + Line 32 + Line 33 + Line 34 + Line35 + Line 36 + Line 37 + Line 38 Line 40Ͳ Data to be input by Recology. Data should reflect the assumptions used for the basis of the costs proposed in Forms 6AͲ6E.

Line 23ͲShould equal Line 21 / Line 22
Line 24ͲData to be input by Recology. Data should reflect the assumptions used for the basis of the costs proposed in Forms 6BͲ6E.

Line 25ͲData to be input by Recology and should equal Line 24 * 52 weeks. Data should reflect the assumptions used for the basis of the costs proposed in Forms 6BͲ6E.

Line 26ͲShould equal Line 25/ Line 17
Line 19 ͲData to be input by Recology. Data should reflect the assumptions used for the basis of the costs proposed in Form 6A Line 20ͲShould equal Line 19 / Line 18Line 21ͲShould equal Line 19 * 5 daysLine 22ͲData to be input by Recology. Data should reflect the assumptions used for the basis of the costs proposed in Form 6A.

Line 15ͲShould equal Line 6 * Line 12 * 52 weeks
Line 16ͲShould equal Line 7 * Line 13 * 52 weeks
Line 17ͲShould equal Line 14 + Line 15 + Line 16
Line 18ͲShould equal Line 17 / 2,080 hours
Line 14ͲShould equal Line 5 * Line 11* 260 daysLine 2ͲData to be input by Recology. Data should reflect the assumptions used for the basis of the costs proposed in Forms 6AͲ6E.

Line 3ͲIdentify number of hours per day each regular route employee will work each day (including breaks, preͲand postͲroute checks, etc., excludes casual/pool personnel).

Line 4ͲShould equal Line 2 * Line 3 * 260 days. Total should tie to total payroll hours.

Lines 11, 12, and 13ͲIdentify number of hours per day each route will take to complete (including collection time and hauling time to transfer station, landfill, or processing site).

Line 1 ͲShould equal the number of customer serviced on a weekly basisLines 5, 6, and 7ͲInformation is to be reported for collection routes only and does not include any support (e.g., container delivery routes, cleanup routes, missed pickup routes etc.) Line 8, 9, and 10 ͲData to be input by Recology. Data should reflect the assumptions used for the basis of the costs proposed in Forms 6AͲ6E.

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Form 3
Proposed Labor Requirements City of Cupertino Future Services Proposer Name: Recology
Note to Recology:Input data in yellow shaded areas only.

Route Personnel Headcount (include fraction of employee) Residential Cart Solid Waste (6A) 3.8 1.0 4.8
Residential Cart Recyclable Materials (6A) 3.9 1.0 4.9
Residential Cart Organic Matrials (6A) 3.0 0.7 3.7
Commercial Cart Solid Waste (6B) 0.2 0.0 0.2
Commercial Cart Recyclable Materials (6B) 0.8 0.2 1.0
Commercial Cart Organic Materials (6B) 0.0 0.0 0.1
Commercial Bin Solid Waste (6C) 2.3 0.6 2.8
Commercial Bin Recyclable Materials (6C) 1.7 0.4 2.1
Commercial Bin Organic Materials (6C) 0.9 0.2 1.1
RollͲOff (6D) 2.1 0.5 2.7
HHW (6E) 0.0 0.0 0.0
Bulky (6E) 1.0 0.3 1.3
Stinger 0.0
Subtotal Route Personnel 19.6 4.9 24.5
Other Personnel Headcount (include fraction of employee) # of Employees Hourly Rate Executive Management (CEO, CFO, COO, etc.)
General Manager 0.6
Operations Manager 0.6
Municipal Relations Manager
Route Supervisor 1.1
Dispatcher 0.6
Container Distribution 0.6
Container Maintenance/Welder 1.1
Maintenance Supervisor 0.6
Maintenance Personnel 2.8
Controller
Safety Specialist
Staff Accountant
Office Manager 0.6
Human Resources
Accounting Clerk 0.6
Billings Clerk
Accounts Receivable Clerk
Collection Clerk
Financial & Reporting Analyst 0.75
Benefits Coordinator
Customer Service Supervisor
Customer Service Representatives 1.1
Sales Coordinator
Recycling Manager
Waste Zero Specialist 2.0
Contract Manager
Other (specify): __________________
Other (specify): __________________
Subtotal Other Personnel 12.8

37.3 # of Regular Personnel # of Casual/Pool Total Hourly Rate Benefits Cost/Hour Notes Benefits Cost/Hour
Total All Personnel

CC 11-19-2024
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Form 4
Capital Requirements City of Cupertino Future Services
Proposer Name: Recology
Note to Recology:Input data in yellow shaded areas only.

Actual Spare Total Actual Spare Total Actual Spare Total Vehicles
Collection Vehicles
Residential Cart Solid Waste 0 0 0 0 0 N/A
Residential Cart Recyclable Materials 0 0 0 0 0 N/A
Residential Cart Organic Materials 0 0 0 0 0 N/A
Commercial Cart Solid Waste 0 0 0 0 0 N/A
Commercial Cart Recyclable Materials 0 0 0 0 0 N/A
Commercial Cart Organic Materials 0 0 0 0 0 N/A
Commercial Bin Solid Waste 0 0 0 0 0 N/A
Commercial Bin Recyclable Materials 0 0 0 0 0 N/A
Commercial Bin Organic Materials 0 0 0 0 0 N/A
RollͲOff 0 0 0 0 0 N/A
HHW 0 0 0 0 0 N/A
Bulky Items/Reusable Materials 0 0 0 0 0 N/A
Subtotal 000000000 $0
Other Vehicles
Pickup Trucks 0 0 0 0 0 N/A
Container Distribution 0 0 0 0 0 N/A
Mobile Service Truck 0 0000 N/A
Stinger 0 0000 N/A
Other (specify): __________________ 0 0 0 0 0 N/A
Other (specify): __________________ 0 0 0 0 0 N/A
Subtotal 000000000 $0
Total Vehicle Cost $0
Containers
Carts
Solid Waste 35Ͳgallon 0 0 0 0 0 N/A
Solid Waste 64Ͳgallon 0 0 0 0 0 N/A
Solid Waste 96Ͳgallon 0 0 0 0 0 N/A
Recyclable Material 32Ͳgallon 0 0 0 0 0 N/A
Recyclable Material 64Ͳgallon 0 0000 N/A
Recyclable Material 96Ͳgallon 0 0 0 0 0 N/A
Organic Materials 32Ͳgallon 0 0 0 0 0 N/A
Organic Materials 64Ͳgallon 0 0 0 0 0 N/A
Organic Materials 96Ͳgallon 0 0000 N/A
Subtotal 000000000 $0
Bins
1 cubic yard 0 0 0 0 0 N/A

1.5 cubic yards 0 0000 N/A
2 cubic yards 0 0000 N/A
3 cubic yards 0 0000 N/A
4 cubic yards 0 0000 N/A
5 cubic yards 0 0000 N/A
6 cubic yards 0 0 0 0 0 N/A
Subtotal 000000000 $0
Drop Boxes
7 cubic yards 0 0 0 0 0 N/A
20 cubic yards 0 0000 N/A
30 cubic yards 0 0000 N/A
40 cubic yards 0 0000 N/A
Subtotal 000000000 $0
Foodwaste Pails 0 0 0 0 0 N/A
Other (specify): __________________ 0 0 0 0 0 N/A
Other (specify): __________________ 0 0 0 0 0 N/A
Subtotal 000000000 $0
Total Container Cost $0
Other Description
Offices
Processing Site(s)
Transfer Station
Corporation Yard/Maintenance
Container Storage Yard
Shop Equipment
Fueling Equipment
Computer and Office Equipment
Other (specify): __________________
Other (specify): __________________
Total Other Cost $0
Total Capital Cost $0
Average Price
Quantity
Total Capital Cost
Over Contract Term
(in 2022 dollars)
New Used Total

CC 11-19-2024
406 of 784
Form 5
Summary of Proposed Costs City of Cupertino Future Services Proposer Name: Recology
Note to Recology: No data input required on this Form 5; costs are pulled automatically from Forms 6A through 6D.

RATE PERIOD 1
RollͲOff
(Form 6D)
From February 1, 2021 to January 31, 2022 Solid Waste
Recyclable
Materials
Organic
Materials Solid Waste
Recyclable
Materials
Organic
Materials Solid Waste
Recyclable
Materials
Organic
Materials
All Material
Types
Bulky Items/
Reusable
Materials
Other
(Specify) TOTAL
Cost of Operations
LaborͲRelated Costs $742,162 $784,524 $584,033 $31,167 $153,670 $8,456 $527,709 $356,854 $186,341 $437,884 $194,793 $0 $4,007,593 VehicleͲRelated Costs $110,795 $112,831 $86,368 $4,653 $22,101 $10,962 $65,721 $49,145 $26,492 $62,231 $29,080 $0 $580,379 Fuel Costs $64,228 $69,433 $50,838 $2,697 $13,600 $736 $44,546 $31,119 $15,357 $36,076 $16,858 $0 $345,489 Other Costs $61,820 $62,956 $48,190 $2,596 $12,332 $1,323 $36,670 $27,421 $14,782 $34,723 $16,226 $0 $319,039 Direct Depreciation $192,461 $177,682 $136,009 $7,327 $34,804 $1,969 $103,495 $77,392 $41,719 $98,000 $34,994 $0 $905,853 Total Allocated CostsͲLabor, Vehicle, Fuel & Other $418,319 $418,319 $418,319 $31,673 $149,698 $173,304 $433,558 $323,301 $173,304 $358,559 $89,640 $0 $2,987,993Total Allocated CostsͲDepreciation & StartͲUp $4,944 $4,944 $4,944 $374 $1,769 $2,048 $5,124 $3,821 $2,048 $4,237 $1,059 $0 $35,311 Total Cost of Operations $1,594,729 $1,630,689 $1,328,701 $80,487 $387,974 $198,798 $1,216,823 $869,054 $460,042 $1,031,711 $382,650 $0 $9,181,656Profit (Includes Franchise Fees) $604,897 $618,537 $503,990 $30,530 $147,162 $75,406 $461,553 $329,641 $174,499 $391,338 $145,143 $0 $3,482,697PassͲThrough Costs Disposal Costs $340,882 $0 $0 $16,319 $0 $0 $278,780 $0 $0 $147,323 $0 $0 $783,302 Recyclable Processing Costs $0 $168,705 $0 $0 $13,110 $0 $0 $75,900 $0 $16,560 $0 $0 $274,275Organics Processing CostsͲFacility #1 $0 $0 $712,730 $0 $0 $10,322 $0 $0 $0 $88,980 $0 $0 $812,031 Organics Processing CostsͲFacility #2 $0 $0 $0 $0 $0 $0 $0 $0 $314,704 $302,600 $0 $0 $617,304 C&D Processing Costs $0 $0 $0 $0 $0 $0 $0 $0 $0 $113,325 $0 $0 $113,325 Reusable Materials Processing Costs $0 $0 $0 $0 $0 $0$0$0$0$0$0$0 $0 Other Processing Costs $0 $0 $0 $0 $0 $0$0$0$0$0$0$0 $0 Interest Expense $64,054 $65,231 $49,932 $2,690 $12,777 $723 $37,995 $28,412 $15,316 $35,978 $13,547 $0 $326,655Direct Lease Costs $0 $0 $0 $0 $0 $0$0$0$0$0$0$0 $0 Total Allocated CostsͲLease $25,200 $25,200 $25,200 $1,908 $9,018 $10,440 $26,118 $19,476 $10,440 $21,600 $5,400 $0 $180,000 Total PassͲThrough Costs $430,136 $259,136 $787,862 $20,917 $34,905 $21,485 $342,893 $123,788 $340,460 $726,365 $18,947 $0 $3,106,893 $2,629,762 $2,508,361 $2,620,552 $131,934 $570,041 $295,689 $2,021,269 $1,322,483 $975,001 $2,149,414 $546,740 $0 $15,771,247 Cost Reimbursements
Solid Waste Operations Fund Fee (net of disposal) ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ $1,394,128  ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ $0 Total Cost Reimbursements ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ $1,394,128Total Proposed Costs ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ $17,165,375Profit (Includes Franchise Fees) ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ $3,482,697 Less: Franchise Fee ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ $1,740,683 Net Profit Margin ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ ͲͲͲ $1,742,014*Amounts to tie to Forms 6A through 6E.

Residential Cart Service (Form 6A) Commercial Cart Service (Form 6B) Total Costs before Cost Reimbursements*
Commercial Bin Service (Form 6C) Other (Form 6E)

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Form 6
Collection Cost Proposal City of Cupertino Future Services Proposer Name: Recology
Note to Recology:No data input required on Form 6; costs are pulled from Forms 6AͲ6E.

Rate Period One
SUMMARY (Total Costs from Forms 6A through 6E) From February 1, 2021 to January 31, 2022
LaborͲRelated Costs (include regular & pool personnel)
Regular Wages $1,641,333
Overtime Wages $436,351
Holiday Wages $169,366
Vacation Wages $214,267
Sick Leave Wages $87,809
Workers Compensation Insurance Premiums $216,294
Workers Compensation Claims $0
Health & Welfare $804,688
Pension/ Retirement Benefits $240,121
Payroll Taxes $197,363
Other (Please List) $0
Total Labor RelatedͲCosts $4,007,593
VehicleͲRelated Costs (do not include depreciation)
Tires & Tubes $72,824
Parts & Supplies (fluid, oil, etc,) $240,229
Outside Repairs $145,749
Taxes & Licenses $78,203
OnͲBoard Computer Operational Costs $43,374
Other (Please List) $0
Total VehicleͲRelated Costs $580,379
Fuel Costs $345,489
Other Costs
Liability & Property Damage Insurance $245,418
Equipment Insurance $0
Training & Safety Programs $22,236
Uniforms $19,040
Towing $32,346
Total Other Costs $319,039
Direct Depreciation
Container Depreciation $163,863
Route Vehicle Depreciation $724,005
Other Depreciation $17,985
Total Direct Depreciation $905,853
Allocated CostsͲLabor, Vehicle, Fuel & Other Costs
From General and Administrative (6F) $2,008,046
From Vehicle Maintenance (6F) $973,379
From Container Maintenance (6F) $6,569
Total Allocated CostsͲLabor, Vehicle, Fuel & Other Costs $2,987,993 Allocated CostsͲDepreciation and StartͲUp Costs
From General and Administrative (6F) $35,311
From Vehicle Maintenance (6F) $0
From Container Maintenance (6F) $0
Total Allocated CostsͲDepreciation and StartͲUp Costs $35,311 Total Cost of Operations $9,181,656
Gross Operating Ratio (% Operating Ratio; i.e. 90%): 72.5 % $3,482,697

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Form 6
Collection Cost Proposal City of Cupertino Future Services Proposer Name: Recology
Note to Recology:No data input required on Form 6; costs are pulled from Forms 6AͲ6E.

Rate Period One
SUMMARY (Total Costs from Forms 6A through 6E) From February 1, 2021 to January 31, 2022
PassͲThrough Costs
Disposal Cost $45.33 /ton $783,302
Recyclables Processing Costs $34.50 /ton $274,275
Organics Processing CostsͲFacility #1 $88.98 /ton $812,031 Organics Processing CostsͲFacility #2 $121.04 /ton $617,304 C&D Processing Costs $45.33 /ton $113,325
Reusable Materials Handling Costs $Ͳ /ton $0
Other Processing Costs: __________ (specify) $Ͳ $0 Interest Expense $326,655
Direct Lease Costs
Route Vehicles $0
Other (Please List) $0
Total Direct Lease Costs $0
Allocated Lease Costs
From General and Administrative (6F) $180,000
From Vehicle Maintenance (6F) $0
From Container Maintenance (6F) $0
Total Allocated Lease Costs $180,000
Total PassͲThrough Costs $3,106,893
Total Cost Before Cost Reimbursements $15,771,247
Cost Reimbursements to City
Solid Waste Operations Fee $1,394,128.00 $Ͳ
Total Reimbursements to City $1,394,128.00 Total Proposed Cost $17,165,375
Gross Operating Margin $3,482,697
Less: Franchise Fee $1,740,683
Net Profit Margin $1,742,014

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Form 6A Detailed Collection Cost Proposal Information City of Cupertino Future Services Proposer Name: Recology
Note to Recology:Input data in yellow shaded areas only.

RESIDENTIAL CART COSTS Solid Waste
Recyclable
Materials Organic Materials Subtotal
LaborͲRelated Costs (include regular & pool personnel)
Regular Wages $318,665 $324,520 $248,408 $891,592
Overtime Wages $51,386 $78,993 $45,159 $175,538
Holiday Wages $32,882 $33,487 $25,633 $92,002
Vacation Wages $41,600 $42,364 $32,428 $116,392
Sick Leave Wages $17,048 $17,361 $13,290 $47,699
Workers Compensation Insurance Premiums $41,993 $42,765 $32,735 $117,494 Workers Compensation Claims $0
Health & Welfare $156,230 $159,101 $121,786 $437,117
Pension/ Retirement Benefits $46,619 $47,476 $36,341 $130,437 Payroll Taxes $35,737 $38,458 $28,253 $102,449
Other (Please List) $0
Total Labor RelatedͲCosts $742,162 $784,524 $584,033 $2,110,719 VehicleͲRelated Costs (do not include depreciation)
Tires & Tubes $13,865 $14,120 $10,808 $38,794
Parts & Supplies (fluid, oil, etc,) $45,739 $46,579 $35,654 $127,972 Outside Repairs $27,750 $28,260 $21,632 $77,641
Taxes & Licenses $15,183 $15,462 $11,836 $42,481
OnͲBoard Computer Operational Costs $8,258 $8,410 $6,438 $23,106 Other (Please List) $0
Total VehicleͲRelated Costs $110,795 $112,831 $86,368 $309,994 Fuel Costs $64,228 $69,433 $50,838 $184,499
Other Costs
Liability & Property Damage Insurance $47,648 $48,523 $37,143 $133,314 Equipment Insurance $0
Training & Safety Programs $4,317 $4,396 $3,365 $12,079 Uniforms $3,697 $3,765 $2,882 $10,343
Towing $6,158 $6,272 $4,801 $17,231
Total Other Costs $61,820 $62,956 $48,190 $172,966
Direct Depreciation
Container Depreciation $31,814 $32,398 $24,800 $89,012
Route Vehicle Depreciation $142,662 $145,284 $111,209 $399,155 Other DepreciationͲ24 Gallon Solid Waste Carts $17,985 $17,985 Total Direct Depreciation $192,461 $177,682 $136,009 $506,152 Allocated CostsͲLabor, Vehicle, Fuel & Other Costs
From General and Administrative (6F) $281,126 $281,126 $281,126 $843,379 From Vehicle Maintenance (6F) $136,273 $136,273 $136,273 $408,819 From Container Maintenance (6F) $920 $920 $920 $2,759
Total Allocated CostsͲLabor, Vehicle, Fuel & Other Costs $418,319 $418,319 $418,319 $1,254,957 Allocated CostsͲDepreciation and StartͲUp Costs
From General and Administrative (6F) $4,944 $4,944 $4,944 $14,831 From Vehicle Maintenance (6F) $0 $0 $0 $0
From Container Maintenance (6F) $0 $0 $0 $0
Total Allocated CostsͲDepreciation and StartͲUp Costs $4,944 $4,944 $4,944 $14,831 Total Cost of Operations $1,594,729 $1,630,689 $1,328,701 $4,554,118 Profit (Enter % Operating Ratio; i.e. 95%): 72.5 % $604,897 $618,537 $503,990 $1,727,424 Rate Period One
From February 1, 2021 to January 31, 2022

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Form 6A Detailed Collection Cost Proposal Information City of Cupertino Future Services Proposer Name: Recology
Note to Recology:Input data in yellow shaded areas only.

RESIDENTIAL CART COSTS Solid Waste
Recyclable
Materials Organic Materials Subtotal
Rate Period One
From February 1, 2021 to January 31, 2022
PassͲThrough Costs per ton
Disposal Cost $45.33 $340,882 $0 $0 $340,882
Recyclables Processing Costs $34.50 $0 $168,705 $0 $168,705 Bulky Items/Reusable Materials Handling Costs $Ͳ $0 $0 $0 $0 Other Processing Costs: __________ (specify) $Ͳ $0 $0 $0 $0 Organics Processing CostsͲFacility #1 $88.98 $0 $0 $712,730 $712,730 Organics Processing CostsͲFacility #2 $121.04 $0 $0 $0 $0 C&D Processing Costs $45.33 $0 $0 $0 $0
Interest Expense $64,054 $65,231 $49,932 $179,217
Direct Lease Costs
Route Vehicles $0
Other (Please List) $0
Total Direct Lease Costs $0 $0 $0 $0
Allocated Lease Costs
From General and Administrative (6E) $25,200 $25,200 $25,200 $75,600 From Vehicle Maintenance (6E) $0 $0 $0 $0
From Container Maintenance (6E) $0 $0 $0 $0
Total Allocated Lease Costs $25,200 $25,200 $25,200 $75,600 Total PassͲThrough Costs $430,136 $259,136 $787,862 $1,477,133 Total Cost $2,629,762 $2,508,361 $2,620,552 $7,758,675

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Form 6B Detailed Collection Cost Proposal Information City of Cupertino Future Services Proposer Name: Recology
Note to Recology:Input data in yellow shaded areas only.

COMMERCIAL CART COSTS Solid Waste
Recyclable
Materials
Organic
Materials Subtotal
LaborͲRelated Costs (include regular & pool personnel)
Regular Wages $13,382 $63,566 $3,596 $80,544
Overtime Wages $2,158 $15,473 $654 $18,285
Holiday Wages $1,381 $6,559 $371 $8,311
Vacation Wages $1,747 $8,298 $470 $10,515
Sick Leave Wages $716 $3,401 $192 $4,309
Workers Compensation Insurance Premiums $1,764 $8,377 $474 $10,614 Workers Compensation Claims $0
Health & Welfare $6,561 $31,164 $1,763 $39,488
Pension/ Retirement Benefits $1,958 $9,299 $526 $11,783 Payroll Taxes $1,501 $7,533 $409 $9,443
Other (Please List) $0
Total Labor RelatedͲCosts $31,167 $153,670 $8,456 $193,292 VehicleͲRelated Costs (do not include depreciation)
Tires & Tubes $582 $2,766 $1,565 $4,913
Parts & Supplies (fluid, oil, etc,) $1,921 $9,124 $5,162 $16,207 Outside Repairs $1,165 $5,535 $3,132 $9,833
Taxes & Licenses $638 $3,029 $171 $3,838
OnͲBoard Computer Operational Costs $347 $1,647 $932 $2,926 Other (Please List) $0
Total VehicleͲRelated Costs $4,653 $22,101 $10,962 $37,716 Fuel Costs $2,697 $13,600 $736 $17,034
Other Costs
Liability & Property Damage Insurance $2,001 $9,505 $538 $12,043 Equipment Insurance $0
Training & Safety Programs $181 $861 $49 $1,091
Uniforms $155 $737 $42 $934
Towing $259 $1,228 $695 $2,182
Total Other Costs $2,596 $12,332 $1,323 $16,251
Direct Depreciation
Container Depreciation $1,336 $6,346 $359 $8,041
Route Vehicle Depreciation $5,991 $28,458 $1,610 $36,059 Other Depreciation $0
Total Direct Depreciation $7,327 $34,804 $1,969 $44,100 Allocated CostsͲLabor, Vehicle, Fuel & Other Costs
From General and Administrative (6F) $21,285 $100,603 $116,467 $238,355 From Vehicle Maintenance (6F) $10,318 $48,766 $56,456 $115,540 From Container Maintenance (6F) $70 $329 $381 $780
Total Allocated CostsͲLabor, Vehicle, Fuel & Other Costs $31,673 $149,698 $173,304 $354,675 Allocated CostsͲDepreciation and StartͲUp Costs
From General and Administrative (6F) $374 $1,769 $2,048 $4,191 From Vehicle Maintenance (6F) $0 $0 $0 $0
From Container Maintenance (6F) $0 $0 $0 $0
Total Allocated CostsͲDepreciation and StartͲUp Costs $374 $1,769 $2,048 $4,191 Total Cost of Operations $80,487 $387,974 $198,798 $667,259 Profit (Enter % Operating Ratio; i.e. 95%): 72.5 % $30,530 $147,162 $75,406 $253,098 Rate Period One
From February 1, 2021 to January 31, 2022

CC 11-19-2024
412 of 784
Form 6B Detailed Collection Cost Proposal Information City of Cupertino Future Services Proposer Name: Recology
Note to Recology:Input data in yellow shaded areas only.

COMMERCIAL CART COSTS Solid Waste
Recyclable
Materials
Organic
Materials Subtotal
Rate Period One
From February 1, 2021 to January 31, 2022
PassͲThrough Costs per ton
Disposal Cost $45.33 $16,319 $0 $0 $16,319
Recyclables Processing Costs $34.50 $0 $13,110 $0 $13,110 Bulky Items/Reusable Materials Handling Costs $Ͳ $0 $0 $0 $0 Other Processing Costs: __________ (specify) $Ͳ $0 $0 $0 $0 Organics Processing CostsͲFacility #1 $88.98 $0 $0 $10,322 $10,322 Organics Processing CostsͲFacility #2 $121.04 $0 $0 $0 $0 C&D Processing Costs $45.33 $0 $0 $0 $0
Interest Expense $2,690 $12,777 $723 $16,190
Direct Lease Costs
Route Vehicles $0
Other (Please List) $0
Total Direct Lease Costs $0 $0 $0 $0
Allocated Lease Costs
From General and Administrative (6F) $1,908 $9,018 $10,440 $21,366 From Vehicle Maintenance (6F) $0 $0 $0 $0
From Container Maintenance (6F) $0 $0 $0 $0
Total Allocated Lease Costs $1,908 $9,018 $10,440 $21,366 Total PassͲThrough Costs $20,917 $34,905 $21,485 $77,307 Total Cost $131,934 $570,041 $295,689 $997,663

CC 11-19-2024
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Form 6C Detailed Collection Cost Proposal Information City of Cupertino Future Services Proposer Name: Recology
Note to Recology:Input data in yellow shaded areas only.

COMMERCIAL BIN COSTS Solid Waste
Recyclable
Materials
Organic
Materials Subtotal
LaborͲRelated Costs (include regular & pool personnel)
Regular Wages $189,024 $141,350 $76,195 $406,569
Overtime Wages $111,671 $48,459 $20,533 $180,664
Holiday Wages $19,505 $14,586 $7,862 $41,953
Vacation Wages $24,676 $18,452 $9,947 $53,075
Sick Leave Wages $10,113 $7,562 $4,076 $21,751
Workers Compensation Insurance Premiums $24,910 $18,627 $10,041 $53,578 Workers Compensation Claims $0
Health & Welfare $92,672 $69,299 $37,356 $199,327
Pension/ Retirement Benefits $27,654 $20,679 $11,147 $59,480 Payroll Taxes $27,485 $17,839 $9,184 $54,507
Other (Please List) $0
Total Labor RelatedͲCosts $527,709 $356,854 $186,341 $1,070,904 VehicleͲRelated Costs (do not include depreciation)
Tires & Tubes $8,225 $6,150 $3,315 $17,690
Parts & Supplies (fluid, oil, etc,) $27,131 $20,288 $10,936 $58,356 Outside Repairs $16,461 $12,309 $6,635 $35,405
Taxes & Licenses $9,006 $6,735 $3,630 $19,371
OnͲBoard Computer Operational Costs $4,899 $3,663 $1,975 $10,536 Other (Please List) $0
Total VehicleͲRelated Costs $65,721 $49,145 $26,492 $141,358 Fuel Costs $44,546 $31,119 $15,357 $91,023
Other Costs
Liability & Property Damage Insurance $28,264 $21,135 $11,393 $60,792 Equipment Insurance $0
Training & Safety Programs $2,561 $1,915 $1,032 $5,508
Uniforms $2,193 $1,640 $884 $4,716
Towing $3,653 $2,732 $1,473 $7,857
Total Other Costs $36,670 $27,421 $14,782 $78,873
Direct Depreciation
Container Depreciation $18,871 $14,112 $7,607 $40,590
Route Vehicle Depreciation $84,624 $63,281 $34,112 $182,016 Other Depreciation $0
Total Direct Depreciation $103,495 $77,392 $41,719 $222,606 Allocated CostsͲLabor, Vehicle, Fuel & Other Costs
From General and Administrative (6F) $291,367 $217,271 $116,467 $625,105 From Vehicle Maintenance (6F) $141,237 $105,320 $56,456 $303,013 From Container Maintenance (6F) $953 $711 $381 $2,045
Total Allocated CostsͲLabor, Vehicle, Fuel & Other Costs $433,558 $323,301 $173,304 $930,162 Allocated CostsͲDepreciation and StartͲUp Costs
From General and Administrative (6F) $5,124 $3,821 $2,048 $10,992 From Vehicle Maintenance (6F) $0 $0 $0 $0
From Container Maintenance (6F) $0 $0 $0 $0
Total Allocated CostsͲDepreciation and StartͲUp Costs $5,124 $3,821 $2,048 $10,992 Total Cost of Operations $1,216,823 $869,054 $460,042 $2,545,919 Profit (Enter % Operating Ratio; i.e. 95%): 72.5 % $461,553 $329,641 $174,499 $965,693 Rate Period One
From February 1, 2021 to January 31, 2022

CC 11-19-2024
414 of 784
Form 6C Detailed Collection Cost Proposal Information City of Cupertino Future Services Proposer Name: Recology
Note to Recology:Input data in yellow shaded areas only.

COMMERCIAL BIN COSTS Solid Waste
Recyclable
Materials
Organic
Materials Subtotal
Rate Period One
From February 1, 2021 to January 31, 2022
PassͲThrough Costs per ton
Disposal Cost $45.33 $278,780 $0 $0 $278,780
Recyclables Processing Costs $34.50 $0 $75,900 $0 $75,900 Bulky Items/Reusable Materials Handling Costs $Ͳ $0 $0 $0 $0 Other Processing Costs: __________ (specify) $Ͳ $0 $0 $0 $0 Organics Processing CostsͲFacility #1 $88.98 $0 $0 $0 $0 Organics Processing CostsͲFacility #2 $121.04 $0 $0 $314,704 $314,704 C&D Processing Costs $45.33 $0 $0 $0 $0
Interest Expense $37,995 $28,412 $15,316 $81,723
Direct Lease Costs
Route Vehicles $0
Other (Please List) $0
Total Direct Lease Costs $0$0$0$0
Allocated Lease Costs
From General and Administrative (6F) $26,118 $19,476 $10,440 $56,034 From Vehicle Maintenance (6F) $0 $0 $0 $0
From Container Maintenance (6F) $0 $0 $0 $0
Total Allocated Lease Costs $26,118 $19,476 $10,440 $56,034 Total PassͲThrough Costs $342,893 $123,788 $25,756 $492,437 Total Cost $2,021,269 $1,322,483 $660,297 $4,004,049

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Form 6D Detailed Collection Cost Proposal Information City of Cupertino Future Services Proposer Name: Recology
ROLLͲOFF COSTS All Material Types Subtotal
LaborͲRelated Costs (include regular & pool personnel)
Regular Wages $178,988 $178,988
Overtime Wages $48,378 $48,378
Holiday Wages $18,469 $18,469
Vacation Wages $23,366 $23,366
Sick Leave Wages $9,576 $9,576
Workers Compensation Insurance Premiums $23,587 $23,587 Workers Compensation Claims $0
Health & Welfare $87,751 $87,751
Pension/ Retirement Benefits $26,185 $26,185
Payroll Taxes $21,584 $21,584
Other (Please List) $0
Total Labor RelatedͲCosts $437,884 $437,884
VehicleͲRelated Costs (do not include depreciation)
Tires & Tubes $7,788 $7,788
Parts & Supplies (fluid, oil, etc,) $25,690 $25,690
Outside Repairs $15,587 $15,587
Taxes & Licenses $8,528 $8,528
OnͲBoard Computer Operational Costs $4,639 $4,639
Other (Please List) $0
Total VehicleͲRelated Costs $62,231 $62,231
Fuel Costs $36,076 $36,076
Other Costs
Liability & Property Damage Insurance $26,763 $26,763
Equipment Insurance $0
Training & Safety Programs $2,425 $2,425
Uniforms $2,076 $2,076
Towing $3,459 $3,459
Total Other Costs $34,723 $34,723
Direct Depreciation
Container Depreciation $17,869 $17,869
Route Vehicle Depreciation $80,131 $80,131
Other Depreciation $0
Total Direct Depreciation $98,000 $98,000
Allocated CostsͲLabor, Vehicle, Fuel & Other Costs
From General and Administrative (6F) $240,965 $240,965
From Vehicle Maintenance (6F) $116,805 $116,805
From Container Maintenance (6F) $788 $788
Total Allocated CostsͲLabor, Vehicle, Fuel & Other Costs $358,559 $358,559 Allocated CostsͲDepreciation and StartͲUp Costs
From General and Administrative (6F) $4,237 $4,237
From Vehicle Maintenance (6F) $0 $0
From Container Maintenance (6F) $0 $0
Total Allocated CostsͲDepreciation and StartͲUp Costs $4,237 $4,237 Total Cost of Operations $1,031,711 $1,031,711
Profit (Enter % Operating Ratio; i.e. 95%): 72.5 % $391,338 $391,338 Rate Period One
From February 1, 2021 to January 31,
2022
Note to Recology:Input data in
yellow shaded areas only.

CC 11-19-2024
416 of 784
Form 6D Detailed Collection Cost Proposal Information City of Cupertino Future Services Proposer Name: Recology
ROLLͲOFF COSTS All Material Types Subtotal
Rate Period One
From February 1, 2021 to January 31,
2022
Note to Recology:Input data in
yellow shaded areas only.

PassͲThrough Costs per ton
Disposal Cost $45.33 $147,323 $147,323
Recyclables Processing Costs $34.50 $16,560 $16,560 Bulky Items/Reusable Materials Handling Costs $Ͳ $0 $0 Other Processing Costs: __________ (specify) $Ͳ $0 $0 Organics Processing CostsͲFacility #1 $88.98 $88,980 $88,980 Organics Processing CostsͲFacility #2 $121.04 $302,600 $302,600 C&D Processing Costs $45.33 $113,325 $113,325
Interest Expense $35,978 $35,978
Direct Lease Costs
Route Vehicles $0
Other (Please List) $0
Total Direct Lease Costs $0 $0
Allocated Lease Costs
From General and Administrative (6F) $21,600 $21,600
From Vehicle Maintenance (6F) $0 $0
From Container Maintenance (6F) $0 $0
Total Allocated Lease Costs $21,600 $21,600
Total PassͲThrough Costs $423,765 $423,765
Total Cost $1,846,814 $1,846,814

CC 11-19-2024
417 of 784
Form 6E
Detailed Collection Cost Proposal Information City of Cupertino Future Services Proposer Name: Recology
Note to Recology:Input data in yellow shaded areas only.

OTHER COSTS
Bulky Items/
Reusable
Materials
Other
(Specify) Subtotal
LaborͲRelated Costs (include regular & pool personnel)
Regular Wages $83,639 $83,639
Overtime Wages $13,487 $13,487
Holiday Wages $8,631 $8,631
Vacation Wages $10,919 $10,919
Sick Leave Wages $4,475 $4,475
Workers Compensation Insurance Premiums $11,022 $11,022 Workers Compensation Claims $0
Health & Welfare $41,005 $41,005
Pension/ Retirement Benefits $12,236 $12,236
Payroll Taxes $9,380 $9,380
Other (Please List) $0
Total Labor RelatedͲCosts $194,793 $0 $194,793
VehicleͲRelated Costs (do not include depreciation)
Tires & Tubes $3,639 $3,639
Parts & Supplies (fluid, oil, etc,) $12,005 $12,005
Outside Repairs $7,283 $7,283
Taxes & Licenses $3,985 $3,985
OnͲBoard Computer Operational Costs $2,168 $2,168
Other (Please List) $0
Total VehicleͲRelated Costs $29,080 $0 $29,080
Fuel Costs $16,858 $16,858
Other Costs
Liability & Property Damage Insurance $12,506 $12,506
Equipment Insurance $0
Training & Safety Programs $1,133 $1,133
Uniforms $970 $970
Towing $1,616 $1,616
Total Other Costs $16,226 $0 $16,226
Direct Depreciation
Container Depreciation $8,350 $8,350
Route Vehicle Depreciation $26,644 $26,644
Other Depreciation $0
Total Direct Depreciation $34,994 $0 $34,994
Rate Period One
From February 1, 2021 to January 31, 2022

CC 11-19-2024
418 of 784
Form 6E
Detailed Collection Cost Proposal Information City of Cupertino Future Services Proposer Name: Recology
Note to Recology:Input data in yellow shaded areas only.

OTHER COSTS
Bulky Items/
Reusable
Materials
Other
(Specify) Subtotal
Rate Period One
From February 1, 2021 to January 31, 2022
Allocated CostsͲLabor, Vehicle, Fuel & Other Costs
From General and Administrative (6F) $60,241 $0 $60,241 From Vehicle Maintenance (6F) $29,201 $0 $29,201
From Container Maintenance (6F) $197 $0 $197
Total Allocated CostsͲLabor, Vehicle, Fuel & Other Costs $89,640 $0 $89,640 Allocated CostsͲDepreciation and StartͲUp Costs
From General and Administrative (6F) $1,059 $0 $1,059
From Vehicle Maintenance (6F) $0 $0 $0
From Container Maintenance (6F) $0 $0 $0
Total Allocated CostsͲDepreciation and StartͲUp Costs $1,059 $0 $1,059 Total Cost of Operations $382,650 $0 $382,650
Profit (Enter % Operating Ratio; i.e. 95%): 72.5 % $145,143 $0 $145,143 PassͲThrough Costs per ton
Disposal Cost $45.33 $0 $0 $0
Recyclables Processing Costs $34.50 $0 $0 $0
Bulky Items/Reusable Materials Handling Costs $Ͳ $0 $0 $0 Other Processing Costs: __________ (specify) $Ͳ $0 $0 $0 Organics Processing CostsͲFacility #1 $88.98 $0 $0 $0 Organics Processing CostsͲFacility #2 $121.04 $0 $0 $0 C&D Processing Costs $45.33 $0 $0 $0
Interest Expense $13,547 $13,547
Direct Lease Costs
Route Vehicles $0
Other (Please List) $0
Total Direct Lease Costs $0 $0 $0
Allocated Lease Costs
From General and Administrative (6F) $5,400 $0 $5,400
From Vehicle Maintenance (6F) $0 $0 $0
From Container Maintenance (6F) $0 $0 $0
Total Allocated Lease Costs $5,400 $0 $5,400
Total PassͲThrough Costs $18,947 $0 $18,947
Total Cost $546,740 $0 $546,740

CC 11-19-2024
419 of 784
Form 6F
Detailed Collection Cost Proposal Information City of Cupertino Future Services Proposer Name: Recology
Note to Recology:Input data in yellow shaded areas only.

PROPOSED ALLOCATED COST
General and
Administrative
Vehicle
Maintenance
Container
Maintenance Subtotal
LaborͲRelated Costs (include nonͲroute personnel only)
Regular Wages $569,984 $378,845 $948,829
Overtime Wages $7,056 $107,714 $114,770
Holiday Wages $16,131 $30,990 $47,121
Vacation Wages $54,287 $39,933 $94,220
Sick Leave Wages $16,003 $16,003
Workers Compensation Insurance Premiums $10,052 $42,427 $52,479 Workers Compensation Claims $0
Health & Welfare $137,192 $162,936 $300,128
Pension/ Retirement Benefits $48,367 $46,575 $94,942
Payroll Taxes $43,120 $43,922 $87,042
Other (Please List) $0
Total Labor RelatedͲCosts $886,189 $869,343 $0 $1,755,533 VehicleͲRelated Costs
Tires & Tubes $0
Parts & Supplies (fluid, oil, etc,) $94,035 $6,569 $100,604 Taxes & Licenses
Other (Please List) $0
Total VehicleͲRelated Costs $0 $94,035 $6,569 $100,604
Fuel Costs $0
Other Costs
Liability & Property Damage Insurance $0
Equipment Insurance $0
RentͲTruck & Container Yard $51,039 $51,039
Utilities $20,295 $20,295
Building Maintenance, Janitorial, Security $37,304
Telephone $82,036 $82,036
Postage $5,392
Bank Fees $25,855
Billing Services $26,848
NonͲvehicle Related Supplies $13,978 $13,978
NonͲvehicle Related Taxes & Licenses $31,500 $31,500
Training & Safety Programs $2,354 $2,354
Ongoing, Annual Public Education & Outreach Efforts $52,738 $52,738 Uniforms $0
Professional ServicesͲAccounting, Legal, Engineering $35,000 $10,000 Bad Debt $65,784 $65,784
Performance Bond $15,200 $15,200
Regional Accounting (GL Accounting, AR, Accounting Mgr, Controller) $77,087 Regional Management (HR, Safety, Enviornmental, Group Mgr) $96,612 Corporate Finance $58,289
C2C $118,827
Corporate Information Technology $153,225
Corporate Environmental Compliance $13,105
Corporate Human Resources $52,783
Corporate Legal $25,160
Corporate Admininstration $48,376 $48,376
Travel & Meals (Most is travel for mileage reimbursements) $13,070 Other (Please List) $0
Total Other Costs $1,121,857 $10,000 $0 $383,300
Total Labor, Vehicle, Fuel, and Other Costs $2,008,046 $973,379 $6,569 $2,239,436 Depreciation (nonͲroute specific) and StartͲUp Costs
Vehicle Depreciation (nonͲroute vehicles) $0
Other Depreciation $0
Initial Public Education & Outreach Efforts $18,911 $18,911 Procurement Cost Reimbursement $0
StartͲup CostsͲ1383 Container Labeling (Year 4 to 10 recovery) $16,400 $16,400 Total Depreciation and StartͲUp Costs $35,311 $0 $0 $35,311 Lease Costs
Facility Costs: 30% of 1675 Rogers Ave Building and Property $180,000 $180,000 Other Lease Costs: _________________________(describe) $0 Total Lease Costs $180,000 $0 $0 $180,000
Rate Period One
From February 1, 2021 to January 31, 2022

CC 11-19-2024
420 of 784
Form 6F
Detailed Collection Cost Proposal Information City of Cupertino Future Services Proposer Name: Recology
Note to Recology:Input data in yellow shaded areas only.

PROPOSED ALLOCATED COST
General and
Administrative
Vehicle
Maintenance
Container
Maintenance Subtotal
Rate Period One
From February 1, 2021 to January 31, 2022
Total Costs to be Allocated $2,223,357 $973,379 $6,569 $2,454,747 Labor, Vehicle, Fuel, & Other Costs Allocated Out Percentage To Residential Cart Solid Waste (6A) 14.00% $281,126 $136,273 $920 $418,319 To Residential Cart Recyclable Materials (6A) 14.00% $281,126 $136,273 $920 $418,319 To Residential Cart Organic Materials (6A) 14.00% $281,126 $136,273 $920 $418,319 To Commercial Cart Solid Waste (6B) 1.06% $21,285 $10,318 $70 $31,673 To Commercial Cart Recyclable Materials (6B) 5.01% $100,603 $48,766 $329 $149,698 To Commercial Cart Organic Materials (6B) 5.80% $116,467 $56,456 $381 $173,304 To Commercial Bin Solid Waste (6C) 14.51% $291,367 $141,237 $953 $433,558 To Commercial Bin Recyclable Materials (6C) 10.82% $217,271 $105,320 $711 $323,301 To Commercial Bin Organic Materials (6C) 5.80% $116,467 $56,456 $381 $173,304 To RollͲOff (6D) 12.00% $240,965 $116,805 $788 $358,559 To HHW (6E) 0.00% $0 $0 $0 $0
To Bulky Item Service (6E) 3.00% $60,241 $29,201 $197 $89,640 Total Labor, Vehicle, Fuel & Other Costs Allocated Out 100.00% $2,008,046 $973,379 $6,569 $2,987,993 Depreciation and StartͲUp Costs Allocated Out
To Residential Cart Solid Waste (6A) 14.00% $4,944 $0 $0 $4,944 To Residential Cart Recyclable Materials (6A) 14.00% $4,944 $0 $0 $4,944 To Residential Cart Organic Materials (6A) 14.00% $4,944 $0 $0 $4,944 To Commercial Cart Solid Waste (6B) 1.06% $374 $0 $0 $374 To Commercial Cart Recyclable Materials (6B) 5.01% $1,769 $0 $0 $1,769 To Commercial Cart Organic Materials (6B) 5.80% $2,048 $0 $0 $2,048 To Commercial Bin Solid Waste (6C) 14.51% $5,124 $0 $0 $5,124 To Commercial Bin Recyclable Materials (6C) 10.82% $3,821 $0 $0 $3,821 To Commercial Bin Organic Materials (6C) 5.80% $2,048 $0 $0 $2,048 To RollͲOff (6D) 12.00% $4,237 $0 $0 $4,237
To HHW (6E) 0.00% $0 $0 $0 $0
To Bulky Item Service (6E) 3.00% $1,059 $0 $0 $1,059
Total Depreciation and StartͲUp Costs Allocated Out 100.00% $35,311 $0 $0 $35,311 Lease Costs Allocated Out
To Residential Cart Solid Waste (6A) 14.00% $25,200 $0 $0 $25,200 To Residential Cart Recyclable Materials (6A) 14.00% $25,200 $0 $0 $25,200 To Residential Cart Organic Materials (6A) 14.00% $25,200 $0 $0 $25,200 To Commercial Cart Solid Waste (6B) 1.06% $1,908 $0 $0 $1,908 To Commercial Cart Recyclable Materials (6B) 5.01% $9,018 $0 $0 $9,018 To Commercial Cart Organic Materials (6B) 5.80% $10,440 $0 $0 $10,440 To Commercial Bin Solid Waste (6C) 14.51% $26,118 $0 $0 $26,118 To Commercial Bin Recyclable Materials (6C) 10.82% $19,476 $0 $0 $19,476 To Commercial Bin Organic Materials (6C) 5.80% $10,440 $0 $0 $10,440 To RollͲOff (6D) 12.00% $21,600 $0 $0 $21,600
To HHW (6E) 0.00% $0 $0 $0 $0
To Bulky Item Service (6E) 3.00% $5,400 $0 $0 $5,400
Total Lease Costs Allocated Out 100.00% $180,000 $0 $0 $180,000 Total Allocated Out $2,223,357 $973,379 $6,569 $3,203,304

CC 11-19-2024
421 of 784
Form 7
Disposal/Processing Cost Proposal City of Cupertino Future Services Proposer Name: Recology
Please provide all costs as $/Ton effective for Rate Period One (February 1, 2021 through January 31, 2022).Include processing residue disposal costs in "Disposal/Processing Cost" Note to Recology: Input data in yellow shaded areas only.Disposal/Processing Costs Solid WasteͲNewby Island
Recyclable MaterialsͲ
Greenwaste Recovery
Organic Materials
(Facility 1)Ͳ
South Valley Organics
Organic Materials
(Facility 2)Ͳ
Blossom Valley Organics
North C&DͲNewby Island
Bulky Items/
Reusable Materials
Handling
Other
(Specify)
Disposal/Processing Cost ($/ton) $45.33 $34.50 $71.50 $90.00 $45.33 $0.00 Disposal/Processing Facility Regulatory Fees & Taxes (list separately) ________________________________________________________________________________________________________________________________________________ Total Regulatory Fees ($/ton) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Disposal/Processing Cost ($/ton) $45.33 $34.50 $71.50 $90.00 $45.33 $0.00 $0.00Processor Fee and Curbside Supplemental Revenues from CRV ($/ton) (show as a negative value)
Revenues from the Sale of Materials ($/ton)
(show as a negative value)
Net Disposal/Processing Cost ($/Ton)* $45.33 $34.50 $71.50 $90.00 $45.33 $0.00 $0.00 * If the net is a revenue, net processing cost/ton is to show as a negative amount.Transfer Costs (if applicable) Solid WasteͲNewby Island
Recyclable MaterialsͲ
Greenwaste Recovery
Organic Materials
(Facility 1)Ͳ
South Valley Organics
Organic Materials
(Facility 2)Ͳ
Blossom Valley Organics
North C&DͲNewby Island
Bulky Items/
Reusable Materials
Handling
Other
(Specify)
Transfer Station Cost ($/Ton)** $16.96 $30.52Transfer Station Regulatory Fees & Taxes (list separately) City of San Jose LEA Fee $0.52 $0.52
________________________________________________
________________________________________________________________________ Total Regulatory Fees ($/ton) $0.00 $0.00 $0.52 $0.52 $0.00 $0.00 $0.00 Total Transfer Cost ($/ton) $0.00 $0.00 $17.48 $31.04 $0.00 $0.00 $0.00 ** Transfer station fee to include all transfer facilityͲrelated costs and the longͲhaul transportation costs from thetransfer station to the processing facility.Total Disposal/Processing Costs Solid WasteͲNewby Island
Recyclable MaterialsͲ
Greenwaste Recovery
Organic Materials
(Facility 1)Ͳ
South Valley Organics
Organic Materials
(Facility 2)Ͳ
Blossom Valley Organics
North C&DͲNewby Island
Bulky Items/
Reusable Materials
Handling
Other
(Specify)
Total Net Disposal/Processing Costs Including Transfer $45.33 $34.50 $88.98 $121.04 $45.33 $0.00 $0.00 Rate Period One (February 1, 2021 through January 31, 2022) Rate Period One (February 1, 2021 through January 31, 2022) Rate Period One (February 1, 2021 through January 31, 2022)

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Collection Vehicle Transport Costs City of Cupertino Base Services Proposer Name: Recology Note to Recology: Input data in yellow shaded areas only.

Solid Waste Recyclables
Organic
Materials Solid Waste Recyclables
Organic
Materials Solid Waste Recyclables
Organic
Materials Solid Waste Recyclables
Organic
Materials As Needed As Needed
TruckType ASL ASL ASL ASL MSL ASL FEL FEL FEL RollͲOff RollͲOff RollͲOff N/A Collection vehicle transport rate ($ per hour)
(Total CostͲForm6/Total HoursͲForm2) $291.70 $291.70 $291.70 $291.70 $291.70 $291.70 $291.70 $291.70 $291.70 $291.70 $291.70 $291.70 $291.70 Average tons per load (tons) 7.4 4.0 7.2 7.4 4.0 7.2 8.2 3.5 8.7 2.7 1.8 5.7 5.7Recology: If using more than one truck type for one or more material types, copy rows 8Ͳ10 and complete Residential Cart Collection MultiͲFamily & Commercial Cart MultiͲFamily & Commercial Bin RollͲOff Other Average
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EXHIBIT G3:

INITIAL RATES FOR COLLECTION SERVICES
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Commercial/Multi Family Recycle Rate Schedule
City of Cupertino
February 1, 2021
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EXHIBIT G4:

APPROVED SUBCONTRACTORS AND AFFILIATES
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EXHIBIT G4

APPROVED SUBCONTRACTORS AND AFFILIATES
December 3, 2020 Page G4-1 City of Cupertino/Recology Franchise Exhibit G5 In accordance with Section 3.3 of the Agreement, the City has approved the following Subcontractors and Affiliates to manage the specified services and otherwise assist Contractor in the performance of the requirements of this Agreement.

Approved Facility/Subcontractor/Affiliate Services
GreenWaste Recovery Recyclables Processing
Recology Blossom Valley Organics – North Commercial/Multi-Family Organics Processing South Valley Organics Residential (Single-Family) Organics Processing Toter Inc New Cart rollout
Keith Day Trucking Transfer of Organics from Rogers Ave. to Processing facilities; hauling of compost and
mulch for City
Clean Earth E-Waste and U-Waste Recycling
Viking Shred Document shredding for Environmental Days
Simms Metal White goods/metal Recycling
Safety Klean Used Motor Oil and Filters Recycling
Sequential Recycling Used cooking oil Recycling
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EXHIBIT H:

MINIMUM ANTICIPATED POSITIONS
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EXHIBIT H

MINIMUM ANTICIPATED POSITIONS
December 3, 2020 Page H-1 City of Cupertino/Recology Franchise Exhibit H Positions detailed in this Exhibit H are the minimum anticipated positions needed for the provision of Recyclable Materials, Organic Materials, and Solid Waste Collection services and other related services in the City.

Table 1 represents management positions classified as salary, exempt.

Table 2 represents non-management positions classified as hourly, non-exempt.

Table 1: Management Positions
Position Classification FTE
General Manager Management, Exempt 0.6
Operations Manager Management, Exempt 0.6
Route Supervisor Management, Exempt 1.1
Dispatcher Management, Exempt 0.6
Container Distribution Management, Exempt 0.6
Container Maintenance / Welder Management, Exempt 1.1
Maintenance Supervisor Management, Exempt 0.6
Maintenance Personnel Management, Exempt 2.8
Office Manager Management, Exempt 0.6
Accounting Clerk Management, Exempt 0.6
Financial & Reporting Analyst Management, Exempt 0.75
Customer Service Representatives Management, Exempt 1.1 Waste Zero Specialists Management, Exempt 2.0
Total Management Positions 12.8
Table 2: Non-Management Positions
Position Classification FTE
Route Personnel – Cart Solid Waste Non-Management, Non-Exempt 4.8 Route Personnel – Cart Recyclables Non-Management, Non-Exempt 4.9 Route Personnel – Cart Organics Non-Management, Non-Exempt 3.7 Route Personnel – COM Cart Solid Waste Non-Management, Non-Exempt 0.2 Route Personnel – COM Cart Recyclables Non-Management, Non-Exempt 1.0 Route Personnel – COM Cart Organics Non-Management, Non-Exempt 0.1 Route Personnel – COM Bin Solid Waste Non-Management, Non-Exempt 2.8 Route Personnel – COM Bin Recyclables Non-Management, Non-Exempt 2.1 Route Personnel – COM Bin Organic Materials Non-Management, Non-Exempt 1.1 Route Personnel – Roll-Off Non-Management, Non-Exempt 2.7 Route Personnel – Bulky Non-Management, Non-Exempt 1.3
Non-Management, Non-Exempt
Non-Management, Non-Exempt

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EXHIBIT I:

FORM OF PERFORMANCE BOND
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EXHIBIT I

FORM OF PERFORMANCE BOND
December 3, 2020 Page I-1 City of Cupertino/Recology Franchise Exhibit I 438
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EXHIBIT J:

SB 1383 RESPONSIBILITIES
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EXHIBIT J
SB 1383 RESPONSIBILITIES
December 3, 2020 Page J-1 City of Cupertino/Recology Franchise Exhibit J The following table provides guidance regarding the allocation of broad responsibility between the Contractor and the City with regard to SB 1383 compliance. The table is based on the draft regulations issued for formal review by CalRecycle on April 20, 2020, and assumes use of the standard approach to compliance. The table is not intended to be inclusive of detailed requirements for compliance addressed in the body of the Agreement and does not relieve Contractor of or expand those specific obligations. The below table may contain terms that are specific to SB 1383 or may have capitalized terms with different meanings than this Agreement. In the event of any conflict between this exhibit on the one hand, and the body of the Agreement, any other exhibit, or SB 1383 on the other hand, the latter shall govern.

Topic/
Ref. # SB 1383 Requirement City Responsibility Contractor Responsibility Collection

1. Commencing January 1, 2022, provide
Collection Containers to Generators that comply with color requirements when replacing Containers or by January 1, 2036, whichever comes first (§18984.7).

The City is to review, comment on, and approve Container colors.

Contractor to provide Containers to the City and its Customers that comply with SB 1383 requirements. Container colors shall be as such: green for Organic Materials; blue for Recyclable Containers; gray for Solid Waste Containers.

2. Commencing January 1, 2022, clearly
label or imprint all new Containers or lids to include language or graphic materials indicating primary materials that are accepted and rejected in each Container (§18984.8).

The City is to review, comment on, and approve Container labels.

In accordance with Section 5.6, Contractor to place Cityapproved labels on all new or refurbished Containers; labels should include text and/or graphic images that indicate primary materials that are accepted and primary materials that are not accepted for each Container type. Labels shall be placed on new Containers before or at time of initial Container delivery to Customer or to the City. By the end of Agreement Term, every Customer Container shall have SB 1383-compliant labels.

Contamination Monitoring

3. Commencing April 1, 2022, conduct
Route reviews such that all Hauler Routes are inspected annually. During each Route review, inspect randomly selected Containers for contaminants and determine Organic Waste Generator compliance (Organic Waste Generators must subscribe to collection service or self-haul Organic Materials; commercial Organic Waste Generators are also required to provide color-compliant Containers to their Customers).

The City is to review, comment on, and approve Route review plan and methodology provided by Contractor. The City is to review, comment on, and approve content and design of notices to be distributed by Contractor to noncompliant Generators.

Contractor shall develop a plan and methodology, to be approved by the City, for conducting annual Route reviews such that an adequate number of Containers are inspected on all Routes annually. The number of Containers that must be inspected per Route shall be based on guidelines provided below, as referenced in Section 18984.5. The draft regulations do not specify what an "adequate" number of Containers per Route review entails; however, Section 18984.5 determines adequacy for a different type of contamination study based on Route populations. As such, these guidelines will be utilized for Route reviews. 441
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EXHIBIT J
SB 1383 RESPONSIBILITIES
December 3, 2020 Page J-2 City of Cupertino/Recology Franchise Exhibit J Topic/
Ref. # SB 1383 Requirement City Responsibility Contractor Responsibility If contamination is found during Route reviews or if inspected Generators are out of compliance, notify such Generators of recycling requirements (§18984.5.b; 18995.1; 18984.9). “Route review(s)” means a visual inspection of Containers along a Hauler Route for the purpose of determining contamination, and may include mechanical methods such as the use cameras (§18982). “Hauler Route” means the designated itinerary or sequence of stops for each segment of the jurisdictions collection services.

1. For Routes with less than 1,500 Generators the study shall include a minimum of 25 samples;2. For Routes with 1,500-4,000 Generators the study shall include a minimum of 30 samples;3. For Routes with 4,001-7,000 Generators the study shall include a minimum of 35 samples;4. For Routes with more than 7,000 Generators the study shall include a minimum of 40 samples.In the event that Contractor identifies contamination, Contractor shall be responsible for affixing a Cityapproved notice on to Customer's Containers, documenting the location or account where contamination was present. Contractor shall provide monthly reports to the City summarizing the results of each Route review and recording, at a minimum, each contamination location, corresponding photographic evidence, and date of Customer contamination identified. 442
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EXHIBIT J
SB 1383 RESPONSIBILITIES
December 3, 2020 Page J-3 City of Cupertino/Recology Franchise Exhibit J Topic/
Ref. # SB 1383 Requirement City Responsibility Contractor Responsibility Enforcement & Penalties

4. Commencing January 1, 2022, conduct
annual compliance reviews of commercial Solid Waste accounts that produce over two (2) cubic yards of Solid Waste per week, including organics waste (§18995.1.a).

The City shall, if applicable, provide Contractor with a list of commercial accounts that have received Cityapproved organics collection waivers. The City shall approve format and content of all compliance reports provided by Contractor. The City shall receive Contractor's report, review and clarify as needed, and report to the State. The City shall follow-up with Contractorindicated commercial accounts that may Back-Haul Organic Materials.

Annually, Contractor shall review all Commercial garbage accounts that produce over two (2) cubic yards of Solid Waste per week and that produce organics waste to ensure compliance with organics Generator requirements described in Section 18984.9.a (subscription to organics recycling service). Following each compliance review, Contractor shall provide the City with a report of results, including addresses, and service level information in a format accepted and approved by the City. Additionally, Contractor shall provide to the City, in quarterly reports, a list of Commercial Customers that may be Back-Hauling Organic Materials. The list shall include account information including addresses and service levels.

5. From January 1, 2022 through December
31, 2023, provide educational materials to regulated entities not in compliance with SB 1383, as determined by compliance review of Commercial accounts (§18995.1.a).

The City is to develop content and design of compliance notices for Customers.

Contractor shall produce and distribute City-developed compliance notices to all noncompliant Customers of Contractor annually.

6. Commencing January 1, 2022, conduct
inspections of Tier One Commercial Edible Food Generators for compliance with Section 18991.3. Beginning January 1, 2024, conduct inspections of Tier Two Commercial Edible Food Generators for compliance with Sections 18991.3 (§18995.1.a.2). See Item 16 for outreach requirements related to Edible Food.

The City and Contractor will meet and confer annually to determine how to share this inspection requirement.

The City and Contractor will meet and confer annually to determine how to share this inspection requirement.

7. Commencing January 1, 2022, conduct
inspections of Edible Food recovery
The City is to conduct inspections of Food Recovery Services and organizations.

None.
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EXHIBIT J
SB 1383 RESPONSIBILITIES
December 3, 2020 Page J-4 City of Cupertino/Recology Franchise Exhibit J Topic/
Ref. # SB 1383 Requirement City Responsibility Contractor Responsibility organizations and services for compliance with Sections 18991.5. See Item 16 for outreach requirements related to Edible Food.

8. Commencing January 1, 2022, investigate
written Complaints received within ninety (90) days of receiving Complaint; provide method for Customer who made Complaint to determine results of Complaint; maintain records of all Complaints and responses; take enforcement action if it is determined that a violation has occurred (§18995.3).

The City is to investigate and maintain records of all SB 1383-related Complaints received by Contactor that have not been resolved within thirty (30) days of receiving Customer Complaint. Upon resolving the Complaint, Contractor shall notify the Customer who made the Complaint. From January 1, 2022 to December 31, 2023, if, upon investigation, the City discovers a violation has occurred, the City shall provide educational materials to noncompliant Customers. Commencing January 1, 2024, if, upon investigation, the City discovers a violation has occurred, the City shall take enforcement action against noncompliant Customers.

Contractor to investigate and resolve written Complaints made by Customers alleging SB 1383 violations within thirty (30) days of receiving Customer Complaint. Upon resolving the Complaint, Contractor shall notify the Customer who made the Complaint. From January 1, 2022 to December 31, 2023, if, upon investigation, Contractor discovers a violation has occurred, Contractor shall provide City-approved educational materials to noncompliant Customers. Commencing January 1, 2024, if, upon investigation, Contractor discovers a violation has occurred, Contractor shall provide the City, in monthly reports, with a list of such noncompliant Customers. Contractor shall maintain all compliant records, including documentation of resolution. Contractor to provide the City, in monthly reports, a list of Customer Complaints that have not been resolved within thirty (30) days. The Complaints list shall include Customer account information including the nature of the Complaint. Such Complaints shall be discussed during the monthly Franchise Roundtable Meeting.

9. Commencing January 1, 2024, take
enforcement actions, including issuing notices of violations within sixty (60) days of determining a violation has occurred, following up at least every ninety (90) days to issue further notices if compliance is not achieved, grant The City is to issue penalties to noncompliant Generators based on Contractor-led inspections and monthly reports submitted by Contractor that identify noncompliant Generators.

Contractor to maintain records of noncompliant Generators and report via monthly reports to the City on issuance of noncompliant notices (e.g., contamination tags issued, Route review results, commercial account review). 444
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EXHIBIT J
SB 1383 RESPONSIBILITIES
December 3, 2020 Page J-5 City of Cupertino/Recology Franchise Exhibit J Topic/
Ref. # SB 1383 Requirement City Responsibility Contractor Responsibility compliance deadline extensions if applicable, and impose penalties equivalent to or greater than those outlined in Articles 14 and 16 of SB 1383 (§18995.4). Impose penalties on non-compliant entities (§18997.2).

Education & Outreach

10. By February 1, 2022, and annually
thereafter, provide Generators with information on properly separating materials, Organic Waste prevention, onsite recycling, Community Composting, methane reduction benefits, how to Recycle Organic Waste, a list of approved haulers, and information related to food recovery (§18985.1.a).

The City is to develop content and design of outreach materials and distribute outreach materials to all Customers annually. The City is to provide outreach materials to Contractor for website posting.

Contractor to post City-developed educational material on its website annually or as requested by the City. Contractor shall post material on its website within one week of the City’s initial request and review and make updates/changes to website on a monthly basis to ensure accuracy of information. Contractor to disseminate City-approved educational materials as requested by the City.

11. Translate educational materials required
into any non-English language spoken by a substantial number of the public provided Organic Waste collection services by the jurisdiction (§18985.1.e).

The City is to translate City-developed outreach materials and translate such materials as needed. The City is to provide translated outreach materials to Contractor for website posting.

Contractor to post City-developed educational material that has been translated by the City on its website annually or as requested by the City. Contractor shall post material on its website within one week of the City’s initial request. 445
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EXHIBIT J
SB 1383 RESPONSIBILITIES
December 3, 2020 Page J-6 City of Cupertino/Recology Franchise Exhibit J Topic/
Ref. # SB 1383 Requirement City Responsibility Contractor Responsibility Record Keeping & Reporting

12. By April 1, 2022, file an initial compliance
report that includes copies of adopted ordinances, items required for the annual report under Section 18994.2.b, and contact information for the responsible Party for compliance-related issues (§18994.1). Commencing August 1, 2022, submit an annual report relative to compliance with SB 1383; the first report is due October 1, 2022 for the period of January 1, 2022 to June 30, 2022 (§18994.2).

The City is to compile and submit relevant documentation for the initial compliance report and the annual report. The City shall compile documentation that details the City's: hauler oversight; CALGreen building standard utilization; edible food recovery program; Organic Waste recycling and edible food recovery capacity planning; and, Organic Waste product procurements.

No later than February 1, 2022, and within two weeks of the City request, Contractor shall supply the City with reports documenting Organic Waste collection services; contamination monitoring; education and outreach efforts; and, the monitoring and enforcement program.

13. Maintain all implementation records in a
central location (physical or electronic) that can be made available to or accessed by CalRecycle within ten Business Days (§18981.1, 18984.4.a, 18984.6, 18984.14, 18985.3, 18988.4, 18991.2, 18993.2, 18995.2).

The City is to maintain all implementation records including: ordinances, enforceable mechanisms, contracts, or agreements; waiver and exemption records; hauler program records; edible food recovery program records; and organic waste procurement records.

Contractor shall enter required data including documentation of organic waste collection services; contamination monitoring; education and outreach efforts; and, monitoring and enforcement into a Citydesignated reporting platform (e.g., Recyclist, Microsoft Excel, a database) within five (5) Business Days of any change affecting data within any required reporting category and within one (1) Business Days of notification from CalRecycle request to review implementation record. In the event such information is not entered into a shared electronic platform, Contractor shall convey data to the City within the required period.

Organic Materials Procurement

14. Procure a quantity of recovered organic
waste that meets or exceeds the organic waste product procurement target as determined by the CalRecycle (CalRecycle will confirm and provide notice of annual procurement requirements to jurisdictions every five years) (§18993.1).

The City is to procure a quantity of Compost and Mulch from Contractor annually. The exact quantity for procurement shall be determined by the Parties.

Contractor to Transport Organic Materials collected from Customers to the Approved Facility. Contractor shall, at the City’s option, procure fuels derived from organics disposal (biofuels) to power collection vehicles. 446
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EXHIBIT J
SB 1383 RESPONSIBILITIES
December 3, 2020 Page J-7 City of Cupertino/Recology Franchise Exhibit J Topic/
Ref. # SB 1383 Requirement City Responsibility Contractor Responsibility

15. Procure Paper Products, and printing and
writing paper consistent with the requirements of Section 22150-22154 of the Public Contracts Code. These Paper Products shall be Recyclable (as defined in 16 C.F.R. 260.12). Jurisdiction shall require all businesses that it purchases Paper Products and printing/writing paper from to certify minimum percentage of postconsumer material in the Paper Products (§18993.3).

The City is to update Environmentally Preferable Purchasing Policy with requirements set forth in SB 1383.

Contractor to develop or update existing Purchasing Policy to meet minimum SB 1383 paper procurement requirements.

Edible Food Recovery

16. Commencing January 1, 2022, annually
provide Tier One and Tier Two Edible Food Generators with information about the food recovery program, Generator requirements, Food Recovery Organizations and services, and edible food source-reduction information (§18985.2).

The City is to develop and distribute annual outreach materials for Commercial Edible Food Generators businesses.

Contractor to post City-developed educational material on its website annually or as requested by the City. Contractor shall post material on its website within one week of the City’s initial request and review and make updates/changes to website on a monthly basis to ensure accuracy of information. 447
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EXHIBIT K:

GUARANTY AGREEMENT
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EXHIBIT K

GUARANTY AGREEMENT
December 3, 2020 Page K-1 City of Cupertino/Recology Franchise Exhibit K THIS GUARANTY (the "Guaranty") is given as of the [___] day of [________], 2020, by Recology Inc., ("Guarantor"), to the CITY OF CUPERTINO ("CITY").

THIS GUARANTY is made with reference to the following facts and circumstances:

A. Recology South Bay (d/b/a Recology Cupertino) (“Contractor”) is a corporation organized under the laws of the State of California, all of the issued and outstanding stock of which is owned by Guarantor.

B. Guarantor is a corporation organized under the laws of the State of California.

C. Contractor and City have negotiated a Franchise Agreement for Recyclable Materials, Organic Materials, and Solid Waste Collection, Recyclable Materials and Organic Materials Processing Services, and Transport For Disposal (such agreement, as it may be amended, modified or waived from time to time, the “Agreement”), under which Contractor is to provide specified services to City. A copy of this Agreement is attached hereto and incorporated herein by this reference.

D. It is a requirement of the Agreement, and a condition to City's entering into the Agreement, that Guarantor guaranty Contractor's performance of the Agreement.

E. Guarantor is providing this Guaranty to induce City to enter into the Agreement.

NOW, THEREFORE, in consideration of the foregoing, Guarantor agrees as follows:

1. Guaranty of the Agreement. Guarantor hereby irrevocably and unconditionally guarantees to City the complete and timely performance, satisfaction and observation by Contractor of each and every term and condition of the Agreement which Contractor is required to perform, satisfy or observe. In the event that Contractor fails to perform, satisfy or observe any of the terms or conditions of the Agreement, Guarantor will promptly and fully perform, satisfy or observe them in the place of the Contractor. Guarantor hereby guarantees prompt payment to City of each and every sum due from Contractor to City under the Agreement, as and when due from time to time, and the prompt performance of every other task and duty required to be performed by the Contractor under the Agreement.

2. Guarantor’s Obligations Are Absolute. The obligations of the Guarantor hereunder are direct, immediate, absolute, continuing, unconditional and unlimited and, with respect to any payment obligation of Contractor under the Agreement, shall constitute a guarantee of payment and not of collection, and are not conditioned upon the genuineness, validity, regularity or enforceability of the Agreement.

3. Waivers and Subordination. The Guarantor shall have no right to terminate this Guaranty or to be released, relieved, exonerated or discharged from its obligations under Section 1 hereof for any reason whatsoever, including, without limitation: (1) the insolvency, bankruptcy, reorganization or cessation of existence of the Contractor; (2) any amendment, modification or waiver of any provision of the Agreement or the extension of its Term; (3) the actual or purported rejection of the Agreement by a trustee in bankruptcy, or any limitation on any claim in bankruptcy resulting from the actual or purported termination of the Agreement; (4) any waiver, extension, release or modification with respect to any of the obligations of the 450
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EXHIBIT K

GUARANTY AGREEMENT
December 3, 2020 Page K-2 City of Cupertino/Recology Franchise Exhibit K Agreement guaranteed hereunder or the impairment or suspension of any of City's rights or remedies against Contractor; or (5) any merger or consolidation of the Contractor with any other organization, or any sale, lease or transfer of any or all the assets of the Contractor.

The Guarantor hereby waives any and all rights, benefits and defenses under California Civil Code Sections 2809, 2815, 2819, 2845, 2849 and 2850, and all other rights permitted to be waived by Section 2856(a) including, without limitation, the right to require City to (a) proceed against Contractor, (b) proceed against or exhaust any security or collateral City may hold now or hereafter hold, or (c) pursue any other right or remedy for Guarantor’s benefit, and agree that City may proceed against Guarantor for the obligations guaranteed herein without taking any action against Contractor or any other guarantor or pledgor and without proceeding against or exhausting any security or collateral City may hold now or hereafter hold. City may unqualifiedly exercise in its sole discretion any or all rights and remedies available to it against Contractor or any other guarantor or pledgor without impairing City’s rights and remedies in enforcing this Guarantee.

The Guarantor hereby waives and agrees to waive at any future time at the request of City, to the extent now or then permitted by applicable law, any and all rights which the Guarantor may have or which at any time hereafter may be conferred upon it, by statute, regulation or otherwise, to avoid any of its obligations under, or to terminate, cancel, quit or surrender this Guaranty. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not affect the liability of the Guarantor hereunder:
(a) at any time or from time to time, without notice to the Guarantor, the time for Contractor's performance of or compliance with any of its obligations under the Agreement is extended, or such performance or compliance is waived; (b) the Agreement is modified or amended in any respect; (c) any other indemnification with respect to Contractor's obligations under the Agreement or any security therefore is released or exchanged in whole or in part or otherwise dealt with; (d) any assignment of the Agreement is effected which does not require City's approval; or (e) any termination or suspension of the Agreement arising by reason of a default by Contractor.

The Guarantor hereby expressly waives diligence, presentment, demand for payment or performance, protest and all notices whatsoever, including, but not limited to, notices of nonpayment or non-performance, notices of protest, notices of any breach or default, and notices of acceptance of this Guaranty. If all or any portion of the obligations guaranteed hereunder are paid or performed, Guarantor’s obligations hereunder shall continue and remain in full force and effect in the event that all or any part of such payment or performance is avoided or recovered directly or indirectly from City as a preference, fraudulent transfer or otherwise, irrespective of (a) any notice of revocation given by Guarantor or Contractor prior to such avoidance or recovery, or (b) payment in full of any obligations then outstanding.

The Guarantor expressly subordinates and waives its rights to subrogation, reimbursement, contribution or indemnity with respect to performance by Guarantor of the obligations of Contractor guaranteed hereby, until such time as City receives payment or performance in full of all such obligations.
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EXHIBIT K

GUARANTY AGREEMENT
December 3, 2020 Page K-3 City of Cupertino/Recology Franchise Exhibit K

4. Term. This Guaranty is not limited to any period of time, but shall continue in full force and effect until all of the terms and conditions of the Agreement have been fully performed by Contractor, and Guarantor shall remain fully responsible under this Guaranty without regard to the acceptance by City of any performance bond or other collateral to assure the performance of Contractor's obligations under the Agreement. Guarantor shall not be released of its obligations hereunder so long as there is any claim by City against Contractor arising out of the Agreement based on Contractor's failure to perform which has not been settled or discharged.

5. No Waivers by City. No delay on the part of City in exercising any rights under this Guaranty or failure to exercise such rights shall operate as a waiver of such rights. No notice to or demand on Guarantor shall be a waiver of any obligation of Guarantor or right of City to take other or further action without notice or demand. No modification or waiver by City of any of the provisions of this Guaranty shall be effective unless it is in writing and signed by City and by Guarantor, nor shall any waiver by City be effective except in the specific instance or matter for which it is given.

6. Attorney's Fees. In addition to the amounts guaranteed under this Guaranty, Guarantor agrees to pay actual attorney's fees and all other costs and expenses incurred by City in enforcing this Guaranty, or in any action or proceeding arising out of or relating to this Guaranty, including any action instituted to determine the respective rights and obligations of the parties hereunder.

7. Governing Law; Jurisdiction. This Guaranty is and shall be deemed to be a contract entered into in and pursuant to the laws of the State of California and shall be governed and construed in accordance with the laws of California without regard to its conflicts of laws rules for all purposes, including, but not limited to, matters of construction, validity and performance.

Guarantor agrees that any action brought by City to enforce this Guaranty may be brought in any court of the State of California and Guarantor consents to personal jurisdiction over it by such courts. Guarantor appoints the following person as its agent for service of process in California:

Roxanne L. Frye
Recology Inc.
50 California Street, 24th Floor
San Francisco, CA 94111

8. Severability. If any portion of this Guaranty is held to be invalid or unenforceable, such invalidity shall have no effect upon the remaining portions of this Guaranty, which shall be severable and continue in full force and effect.

9. Binding on Successors. This Guaranty shall inure to the benefit of City and its successors and shall be binding upon Guarantor and its successors, including a successor entity formed by a merger or consolidation, a transferee of substantially all of its assets, and its shareholders in the event of its dissolution or insolvency.
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EXHIBIT K

GUARANTY AGREEMENT
December 3, 2020 Page K-4 City of Cupertino/Recology Franchise Exhibit K

10. Authority. Guarantor represents and warrants that it has the corporate power to give this guaranty, that its execution of this Guaranty has been authorized by all necessary action under its Articles of Incorporation and by-laws, and that the person signing this Guaranty on its behalf has authority to do so.

11. Notices. Notice shall be given in writing, deposited in the U.S. mail, registered or certified, first class postage prepaid, addressed as follows:

To City: City of Cupertino
Attention: City Manager
10300 Torre Avenue
Cupertino, California, 95014,
To Guarantor: Recology Inc.

Attn: Legal Department
50 California Street, 24th Floor
San Francisco, CA 94111
The parties may change the address to which notice is to be sent by giving the other party notice of the change as provided in this Section.

IN WITNESS WHEREOF, Guarantor has executed this Guaranty on the day and year first above written.

By:

Michael J. Sangiacomo
Chief Executive Officer
By:

Cary Chen
Corporate Secretary
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EXHIBIT L:

DIVERSION DATA
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Resolution No. __________________ Attachment B
RESOLUTION NO. ________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

ADOPTING A MAXIMUM RATE SCHEDULE FOR RATE PERIOD FIVE PER THE

FRANCHISE AGREEMENT WITH RECOLOGY CUPERTINO RELATED TO RECYCLING, ORGANICS, AND SOLID WASTE COLLECTION, PROCESSING, AND DISPOSAL; AND AUTHORIZING THE USE OF $394,465 OF RESTRICTED-USE ENTERPRISE FUNDS TO SMOOTH AND MITIGATE THE RATE PERIOD FOUR ADJUSMENT.

WHEREAS, pursuant to state constitutional and statutory authority, the City of Cupertino has the authority to regulate the handling of solid waste within its jurisdiction; and WHEREAS, the City enacted and maintains Municipal Code Chapters 6.24 and 9.16, in part, to satisfy solid waste collection and diversion obligations, and other requirements of the California Integrated Waste Management Act AB 939, Assembly Bill 1826, the Short-Lived Climate Pollutants Bill of 2016 SB 1383, and related laws and regulations; and WHEREAS, pursuant to Municipal Code Section 6.24.120 and applicable statutory authority, where the public health, safety, and well-being require it, the City may award an exclusive franchise to any person or entity the City Council believes is qualified to perform solid waste collection service; and
WHEREAS, the City has determined that collection of solid waste, which includes garbage, recyclables, and organic waste, is a health, sanitary, and safety measure necessary for the promotion, protection, and preservation of the health, safety, and general welfare of the people of the City, and the City and its residents benefit from granting an exclusive franchise for same; and
WHEREAS, in 2020 the City entered an exclusive franchise agreement with Recology South Bay d/b/a Recology Cupertino (“Recology”) for collection and processing or recyclable and compostable materials, and the collection of disposal of garbage (the “Existing Franchise Agreement”), the base term of which is scheduled to expire on January 31, 2031; and WHEREAS, the City does not provide solid waste collection services; rather, it regulates the private solid waste collection industry to protect public health, safety and welfare and ensure compliance with applicable laws; and
WHEREAS, as part of its regulatory role, pursuant to Municipal Code Section 6.24.150, the City reserves the right to establish a maximum schedule of rates and charges for all levels of solid waste collection services to be rendered by the solid waste collector in order to avoid an abuse of the franchise rights granted; and
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Resolution No. __________________ Attachment B
WHEREAS, the Existing Franchise Agreement with Recology includes a methodology set forth in Exhibit E.1 to the agreement for determining the maximum schedule of rates and charges for all levels of solid waste collection services for Rate Period Five; and WHEREAS, the City reviewed all aspects of the rate request from Recology using the approved methodology; and
WHEREAS, the solid waste collector is solely responsible for setting and collecting such rates and charges at a level at or below the established maximum schedule; and WHEREAS, the Resource Recovery Enterprise Fund 520-330 (“Resource Recovery Fund”) is an enterprise fund held by the City whose purpose is to pay for operating costs related to the collection, disposal, and recycling of solid waste performed under franchise; and WHEREAS, the City has determined that it would be appropriate to make strategic use of amounts in the Resource Recovery Fund in excess of the recommended reserve to smooth and mitigate rate adjustments for the benefit of ratepayers; and NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby:

1. Acknowledge the foregoing recitals are true and correct and incorporated into this Resolution by this reference.

2. Adopt the maximum rate schedule for Rate Period Five (beginning February 1, 2025) (Exhibit A).

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of November, 2024, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Sheila Mohan, Mayor
City of Cupertino
________________________
Date
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Resolution No. __________________ Attachment B
ATTEST:
________
Kirsten Squarcia, City Clerk

________________________
Date
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Increase = 5.00%
Curbside 24 gallon $41.65
Curbside 32 gallon $44.30
Curbside 64 gallon $85.26
Curbside 96 gallon $126.21
Curbside Add'l Cart $40.95
Walk-up 24 gallon $63.65
Walk-up 32 gallon $66.31
Walk-up 64 gallon $129.24
Walk-up 96 gallon $192.17
Walk-up Add'l Cart $62.94
YW Exempt Residents Are Entitled To A 32g Organics cart: No Charge Curbside 24 gallon $20.13
Curbside 32 gallon $22.77
Walk-up 24 gallon $32.84
Walk-up 32 gallon $35.49
Extra Bag Tag $11.91 Bin By The Day 4 Yard $264.85
10 Bag Tags $113.31 Bin By The Day 6 Yard $324.37
Extra Can (1-Time) $20.52 Bin By The Day 7 Yard $354.12 Dirty Cart Exchange $46.35

1.2% Per Month Deliquent
(Not compunded)
Additional Organics/YW Toter: No Charge
Additional Charges 24 HR Container Service
Late Charge Fee
Low Income
Residential Rate Schedule
City of Cupertino
February 1, 2025
Single Family Dwelling
Exhibit A
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Increase = 5.00%
Front Loader Containers

1.5 CY 1XWK $208.05 1.5 CY 4XWK $832.25

1.5 CY 2XWK $416.14 1.5 CY 5XWK $1,040.33

1.5 CY 3XWK $624.18 1.5 CY 6XWK $1,248.35
Extra P/U $64.53
2 CY 1XWK $249.73 2 CY 4XWK $998.66
2 CY 2XWK $499.30 2 CY 5XWK $1,248.35
2 CY 3XWK $749.05 2 CY 6XWK $1,497.99
Extra P/U $80.64
3 CY 1XWK $332.89 3 CY 4XWK $1,331.61
3 CY 2XWK $665.77 3 CY 5XWK $1,664.48
3 CY 3XWK $998.66 3 CY 6XWK $1,997.36
Extra P/U $88.19
4 CY 1XWK $416.14 4 CY 4XWK $1,664.48
4 CY 2XWK $832.25 4 CY 5XWK $2,080.64
4 CY 3XWK $1,248.35 4 CY 6XWK $2,496.71
Extra P/U $109.96
6 CY 1XWK $582.56 6 CY 4XWK $2,330.27
6 CY 2XWK $1,165.13 6 CY 5XWK $2,912.84
6 CY 3XWK $1,747.69 6 CY 6XWK $3,495.42
Extra P/U $153.02
8 CY 1XWK $749.07 8 CY 4XWK $2,996.05
8 CY 2XWK $1,497.99 8 CY 5XWK $3,745.06
8CY 3XWK $2,247.07 8CY 6XWK $4,494.08
Extra P/U $197.91
Bin Pushout Service
1XWK $73.26 4XWK $293.40
2XWK $146.90 5XWK $366.22
3XWK $219.95 6XWK $440.48
* Pushout service only applies if containers are moved more than 25ft.

Cart Pushout Service per set of 3 carts: Garbage, Recycle, Organic 1XWK $17.33 4XWK $69.26
2XWK $34.63 5XWK $86.58
3XWK $51.95 6XWK $103.89
* Pushout service only applies if containers are moved more than 25ft. Rate includes up to 50ft.

More than 50ft add an addition 10% for each addition 10ft.

Key Service Special Services $136.00
$81.57 Steam Clean and Re-Delivery of Bin
(Shall be provided once per year w/o charge)
Furnishing Chains (One Time Only)
Front Load Compactor Per Cubic Yard
$58.77
Multi-Family Garbage Rate Schedule
City of Cupertino
February 1, 2025
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Increase = 5.00%
Front Loader Containers

1.5 CY 1XWK $208.05 1.5 CY 4XWK $832.25

1.5 CY 2XWK $416.14 1.5 CY 5XWK $1,040.33

1.5 CY 3XWK $624.18 1.5 CY 6XWK $1,248.35
Extra P/U $64.53
2 CY 1XWK $249.73 2 CY 4XWK $998.66
2 CY 2XWK $499.30 2 CY 5XWK $1,248.35
2 CY 3XWK $749.05 2 CY 6XWK $1,497.99
Extra P/U $80.64
3 CY 1XWK $332.89 3 CY 4XWK $1,331.61
3 CY 2XWK $665.77 3 CY 5XWK $1,664.48
3 CY 3XWK $998.66 3 CY 6XWK $1,997.36
Extra P/U $88.19
4 CY 1XWK $416.14 4 CY 4XWK $1,664.48
4 CY 2XWK $832.25 4 CY 5XWK $2,080.64
4 CY 3XWK $1,248.35 4 CY 6XWK $2,496.71
Extra P/U $109.96
6 CY 1XWK $582.56 6 CY 4XWK $2,330.27
6 CY 2XWK $1,165.13 6 CY 5XWK $2,912.84
6 CY 3XWK $1,747.69 6 CY 6XWK $3,495.42
Extra P/U $153.02
8 CY 1XWK $749.07 8 CY 4XWK $2,996.05
8 CY 2XWK $1,497.99 8 CY 5XWK $3,745.06
8CY 3XWK $2,247.07 8CY 6XWK $4,494.08
Extra P/U $197.91
Bin Pushout Service
1XWK $73.26 4XWK $293.40
2XWK $146.90 5XWK $366.22
3XWK $219.95 6XWK $440.48
* Pushout service only applies if containers are moved more than 25ft.

Cart Pushout Service per set of 3 carts: Garbage, Recycle, Organic 1XWK $17.33 4XWK $69.26
2XWK $34.63 5XWK $86.58
3XWK $51.95 6XWK $103.89
* Pushout service only applies if containers are moved more than 25ft. Rate includes up to 50ft.

More than 50ft add an addition 10% for each addition 10ft.

Commercial Garbage Cart Key Service
32 gallon increments $31.95 $81.57
Special Services $136.00 Front Load Compactor Per Cubic Yard Steam Clean and Re-Delivery of Bin $58.77
(Shall be provided once per year w/o charge)
Furnishing Chains (One Time Only)
Return Trip Fee $17.27
Commercial Garbage Rate Schedule
City of Cupertino
February 1, 2025
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Increase = 5.00%
Front Loader Containers

1.5 CY 1XWK $208.05 1.5 CY 4XWK $832.25

1.5 CY 2XWK $416.14 1.5 CY 5XWK $1,040.33

1.5 CY 3XWK $624.18 1.5 CY 6XWK $1,248.35
Extra P/U $64.53
2 CY 1XWK $249.73 2 CY 4XWK $998.66
2 CY 2XWK $499.30 2 CY 5XWK $1,248.35
2 CY 3XWK $749.05 2 CY 6XWK $1,497.99
Extra P/U $80.64
3 CY 1XWK $332.89 3 CY 4XWK $1,331.61
3 CY 2XWK $665.77 3 CY 5XWK $1,664.48
3 CY 3XWK $998.66 3 CY 6XWK $1,997.36
Extra P/U $88.19
4 CY 1XWK $416.14 4 CY 4XWK $1,664.48
4 CY 2XWK $832.25 4 CY 5XWK $2,080.64
4 CY 3XWK $1,248.35 4 CY 6XWK $2,496.71
Extra P/U $109.96
6 CY 1XWK $582.56 6 CY 4XWK $2,330.27
6 CY 2XWK $1,165.13 6 CY 5XWK $2,912.84
6 CY 3XWK $1,747.69 6 CY 6XWK $3,495.42
Extra P/U $153.02
8 CY 1XWK $749.07 8 CY 4XWK $2,996.05
8 CY 2XWK $1,497.99 8 CY 5XWK $3,745.06
8CY 3XWK $2,247.07 8CY 6XWK $4,494.08
Extra P/U $197.91
Bin Pushout Service
1XWK $73.26 4XWK $293.40
2XWK $146.90 5XWK $366.22
3XWK $219.95 6XWK $440.48
* Pushout service only applies if containers are moved more than 25ft.

Cart Pushout Service per set of 3 carts: Garbage, Recycle, Organic 1XWK $17.33 4XWK $69.26
2XWK $34.63 5XWK $86.58
3XWK $51.95 6XWK $103.89
* Pushout service only applies if containers are moved more than 25ft. Rate includes up to 50ft.

More than 50ft add an addition 10% for each addition 10ft.

Organic Cart Key Service
32 gallon increments $31.95 $81.57
Special Services $136.00 Organic Compactor Per Cubic Yard Steam Clean and Re-Delivery of Bin $58.77
(Shall be provided once per year w/o charge)
Furnishing Chains (One Time Only)
Return Trip Fee $17.27
Commercial/Multi Family Organic Rate Schedule
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February 1, 2025
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Increase = 5.00%
Front Loader Containers

1.5 CY 1XWK $99.88 1.5 CY 4XWK $399.54

1.5 CY 2XWK $199.77 1.5 CY 5XWK $499.42

1.5 CY 3XWK $299.65 1.5 CY 6XWK $599.29
Extra P/U $30.98
2 CY 1XWK $119.88 2 CY 4XWK $479.42
2 CY 2XWK $239.69 2 CY 5XWK $599.29
2 CY 3XWK $359.59 2 CY 6XWK $719.12
Extra P/U $38.70
3 CY 1XWK $159.82 3 CY 4XWK $639.26
3 CY 2XWK $319.62 3 CY 5XWK $799.05
3 CY 3XWK $479.42 3 CY 6XWK $958.86
Extra P/U $42.34
4 CY 1XWK $199.77 4 CY 4XWK $799.05
4 CY 2XWK $399.54 4 CY 5XWK $998.83
4 CY 3XWK $599.29 4 CY 6XWK $1,198.58
Extra P/U $52.77
6 CY 1XWK $279.67 6 CY 4XWK $1,118.68
6 CY 2XWK $559.34 6 CY 5XWK $1,398.35
6 CY 3XWK $838.99 6 CY 6XWK $1,678.02
Extra P/U $73.46
8 CY 1XWK $359.60 8 CY 4XWK $1,438.28
8 CY 2XWK $719.12 8 CY 5XWK $1,797.85
8CY 3XWK $1,078.73 8CY 6XWK $2,157.44
Extra P/U $95.01
Bin Pushout Service
1XWK $73.26 4XWK $293.40
2XWK $146.90 5XWK $366.22
3XWK $219.95 6XWK $440.48
* Pushout service only applies if containers are moved more than 25ft.

Cart Pushout Service per set of 3 carts: Garbage, Recycle, Organic 1XWK $17.33 4XWK $69.26
2XWK $34.63 5XWK $86.58
3XWK $51.95 6XWK $103.89
* Pushout service only applies if containers are moved more than 25ft. Rate includes up to 50ft.

More than 50ft add an addition 10% for each addition 10ft.

Recycle Cart Key Service
32 gallon increments $15.88 0.050265 $81.57
Special Services $136.00
Steam Clean and Re-Delivery of Bin
(Shall be provided once per year w/o charge)
Furnishing Chains (One Time Only)
Return Trip Fee $17.27
Commercial/Multi Family Recycle Rate Schedule
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Increase = 5.00%
Description 16DO 20DO 26DO 30DO 40DO
Allowed Tons 3 4 4 5 6
Base Rates $ 701.24 $ 782.91 $ 1,073.08 $ 1,268.80 $ 1,353.50 Add'l Tons $ 130.44 $ 130.44 $ 130.44 $ 130.44 $ 130.44 Processor Newby Newby Newby Newby Newby
Source Separated Recycling 08DOR 08DOR 08DO 16DOR-40DOR 16DOR-40DOR Clean Dirt
Clean Concrete
Asphalt
Mix rock, dirt &
concrete Clean Wood Sheet Rock
Allowed Tons 6
Haul Rate $ 628.24 $ 628.24 $ 1,092.49 $ 628.24 $ 628.24 Recycling Process Rate per ton $ 60.87 $ 60.87 $ 60.87 $ 60.87 $ 60.87 Note: Source Separated Recycling Loads
will be charged the regular box rate if
contaminated or mixed
Other Miscellaneous Rates
Description Code Amount
Daily Rental Rate For Boxes Beyond 7 Days RENT $ 33.35
Weekly Rental Rate For Boxes Beyond 7 Days RENT $ 211.93 Trip Charge For Empty Debris Box/Compactor (No Dump) TRIP $ 125.65 Dry Run, Scheduled Service Bin Empty TRIP $ 251.30
Relocate Container After Initial Delivery RELOC $ 125.65 Same Day Cancelation (No Dump) CANCL $ 83.78
Steam Clean after exchange bring back to yard TRIP $ 251.30 Garbage, Organic, and Recycling Compactor Rates
Description Amount Processor Dirty
Garbage Compactor Rates Per Yard Per Pull $ 59.12 Newby N/A Organic Compactor Rates Per Yard Per Pull $ 59.12 Recology $ 73.89 Mixed Recycling Compactor Rates Per Pull $ 568.95 GW Recovery $ 714.72 Mixed Recycling Compactor Rates Per Ton $ 88.10 GW Recovery $ 125.80 Debris Box Service Rate Schedule
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CITY OF CUPERTINO
Agenda Item
24-13210 Agenda Date:
11/19/2024 Agenda #:

12. Subject: Award a contract to Lifetime Activities Inc. for Sports Center Instruction, Court Maintenance, and Retail Services at the Cupertino Sports Center for a total not-to-exceed amount of $24,000,000.

1. Award a 10-Year contract to Lifetime Activities Inc. to provide Sports Center Instruction, Court Maintenance, and Retail Services at the Cupertino Sports Center for a total not-to-exceed amount of $24,000,000 with the estimated revenue amount of $3,450,000; and

2. Authorize the City Manager to execute the contract with Lifetime Activities Inc. consistent with City Council direction.

CITY OF CUPERTINO Page 1 of 1 Printed on 11/13/2024
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CITY COUNCIL STAFF REPORT
Meeting: November 19, 2024
Subject
Award a contract to Lifetime Activities Inc. for Sports Center Instruction, Court Maintenance, and Retail Services at the Cupertino Sports Center for a total not-to-exceed amount of $24,000,000.

Recommended Action

1. Award a 10-Year contract to Lifetime Activities Inc. to provide Sports Center Instruction, Court Maintenance, and Retail Services at the Cupertino Sports Center for a total not-to-exceed amount of $24,000,000 with the estimated revenue amount of $3,450,000; and

2. Authorize the City Manager to execute the contract with Lifetime Activities Inc. consistent with City Council direction.

Reasons for Recommendation
Currently, these Sports Center programs are managed by a Contractor that provides the supporting classes, camps, and activities. The Contractor processes program registration and runs a retail pro shop, providing services such as restringing racquets and selling sports accessories, food, and beverages within the Sports Center. The Contractor also provides specified maintenance services for courts and surrounding areas and replaces equipment as necessary. To further support these programs, the City provides the Contractor retail and office space within the Sports Center and other sites to host their programs, classes, and camps. The current contract expires on December 31, 2024.

The current Contractor has been providing programs at the Sports Center and serving the Cupertino community for 30 years. Their service began in 1994 with a one-year agreement for tennis lessons and evolved over time with them taking on maintenance of all eighteen courts, renting retail service space in the facility, and increasing their activity offerings beyond traditional racquet sports to include volleyball, basketball, cricket, and chess. 466
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Request for Proposal
On September 6, 2024, the City issued a Request for Proposal (RFP) seeking a qualified vendor to provide the specified racquet sports, basketball and chess classes, camps and programs, court maintenance, and retail services at the Cupertino Sports Center. The RFP sought proposals for a five-year contract commencing on January 1, 2025.

The RFP process was conducted in accordance with applicable City policy and the Municipal Code while following standard criteria for this process. The RFP was posted on the City’s website, which included notification to local plan rooms and builders exchanges.

Additionally, it was advertised on DemandStar, a publicly available procurement site for government contracts with thousands of registered vendors. An optional pre-proposal meeting was held on September 12, 2024.

On October 4, 2024, the City received two proposals from Gorin Tennis Academy (“Gorin”) and Lifetime Activities.

Staff evaluated both proposals based on the submitted team qualifications and experience, firm qualification and experience, work plan and approach, the proposed number of program activities and the compensation amount. As is typical with an RFP, the compensation/proposal amount is not the sole determining factor.

Gorin demonstrated experience in providing sports programs and recreational activities across multiple facilities; however, Gorin only demonstrated minimal experience with municipalities. Additionally, the proposal did not display a clear understanding of the operation, the City, and the scope of work. Based on the submitted information on the allocated court space and the amount of staff, the numbers in the cost proposal did not seem viable.

Lifetime Activities’ proposal demonstrated a clear understanding of the City’s work request and included a clear explanation of the use of space, the methodologies used regarding program offerings, procedures, and the on-site staff organization and duties.

Lifetime Activities also has experience providing services in municipalities and is currently doing so in Sunnyvale, Santa Clara, San Francisco, Pleasanton, and Walnut Creek.

After evaluating both proposals in accordance with the criteria in the RFP, Lifetime Activities was evaluated as the highest rated proposer. Staff then began discussions with Lifetime Activities on the contract details, scope of work, and cost revenue. Lifetime Activities presented the City with a 5-year proposal that met the expectations of the RFP and an optional proposal for a 10-year term agreement. In considering both options, staff negotiated an increased percentage of Lifetime Activities’ total annual revenue the City receives from 10%, which was initially submitted, to 12%. The contract terms for either option would be an 88/12 split on revenue from all fees collected by the Contractor for services including, but not limited to, camps, classes, private lessons, and the use of this retail and office space. In both service options, Lifetime Activities will manage all program registration and absorb the 3% merchant fee and provide retail staff at the Pro Shop for 467
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registration and service needs.

Summary of the Projected Compensation
The following is a summary of the projected compensation for instruction, court maintenance and retail services related to these programs at the Cupertino Sports Center.

It is important to note that the projected classes and camps proposed by Gorin were not deemed by staff to be possible to provide at the Cupertino Sports Center, so the estimated revenue projections reflect the proposal submittal and not accurate analysis.

Bidder Percentage
of Gross
Annual
Revenue
Paid to City
Estimated
Amount of
Annual Revenue
Paid to City
5-Year
Amount of
Revenue
Paid to City
10-Year
Amount of
Revenue Paid
to City
Gorin
Tennis
Academy
10% $ 273,984 $ 1,374,920 -
Lifetime
Activities
(Option #1)
12%* $200,000* $1,050,000** -
Lifetime
Activities
(Option #2)
12%* $250,000*
+ $500,000 in
capital contribution
in Year 1
- $3,450,000**
*Annual contribution to City or 12% of gross annual revenue, whichever is greater, with a $10K annual escalator ** Estimated sum over the lifespan of the contract with annual escalator Service Option #1
Option #1 is a 5-year agreement with a base compensation paid to the City at a minimum of $200,000 per year or 12% of gross annual revenue, whichever is greater. This includes a $5,000 annual escalator added to the base compensation throughout the duration of the contract. The City is estimated to receive at a total of $1,050,000 over the 5-year lifespan of the contract based on proposed programming.

Year Estimated Amount of Revenue Paid to City
1 – 2025 $200,000*
2 – 2026 $205,000*
3 – 2027 $210,000*
4 – 2028 $215,000*
5 – 2029 $220,000*
Total $1,050,000
* Or 12% of Lifetime Activities’ gross annual revenue, whichever is greater 468
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Service Option #2
Option #2 is a 10-year agreement with a base compensation paid to the City at a minimum of $250,000 per year or 12% of gross annual revenue, whichever is greater. This includes a $10,000 annual escalator added to the base compensation throughout the duration of the contract. This proposal also includes a capital contribution to the City of up to $500,000 towards enhancements at the Sports Center. Lifetime Activities will be contracted to manage the capital project improvements and meet all City, local and state standards, and requirements for these projects. The City is estimated to receive a total of $2,950,000 over the 10-year lifespan of the contract based on proposed programming. Considering the $500,000 in capital contributions offered in year 1, this increases the total revenue and benefit to the City to an estimated total of $3,450,000 through the life of the contract.

Year Estimated Amount of Revenue Paid to City
1 – 2025 $250,000*
+ $500,000 in capital contribution
2 – 2026 $260,000*
3 – 2027 $270,000*
4 – 2028 $280,000*
5 – 2029 $290,000*
6 – 2030 $300,000*
7 – 2031 $310,000*
8 – 2032 $320,000*
9 – 2033 $330,000*
10 – 2034 $340,000*
Total $3,450,000
* Or 12% of Lifetime Activities’ gross annual revenue, whichever is greater After careful evaluation, staff recommends Option #2. This option demonstrates Lifetime Activities’ vested interest in their operation with the City. By managing outside racquet court reservations, the tennis court reservation process becomes streamlined and easier to use, including the use of a phone application. The reduction in workload for the front desk would provide the City an annual amount of $50,000 in savings of part-time staff and allow the Recreation Coordinator to focus on additional revenue generating programs in the fitness area. In addition, the provided capital contributions to the Sports Center will enhance the facility and provide an opportunity for better quality programming, lead to an increase in the duration of member usage on specific courts at certain times of the year, and move the current pickleball courts away from the nearby condominiums. Lifetime Activities currently manages capital investment projects with other municipalities that it contracts with and has demonstrated experience in performing this. With the potential to draw more members, these enhancements are expected to increase revenue and save the City approximately $17,000 in one time court resurfacing costs.

Lifetime Activities has the experience and knowledge in managing courts and facilities in 469
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the Bay Area, including a passholder-based municipal facility. As the current Contractor at the Sports Center for the past 30 years, Lifetime Activities has proven their responsiveness to the City’s requests and compliance with City requirements in the past.

Sustainability Impact
No sustainability impact.

Fiscal Impact
If the proposed contract is approved for Lifetime Activities, the City will receive an estimated amount of $2,950,000 in Sports Center Operations Revenues (GL 570-63-621 420-436) over the 10-year lifespan of the contract. Considering the $500,000 in capital contributions offered in year 1, this increases the total revenue and benefit to the City of an estimated total of $3,450,000 through the life of the contract.

City Work Program (CWP) Item
No.

CWP Item Description
N/A
Council Goal
Quality of Life.

California Environmental Quality Act
The award of the contract is exempt from CEQA pursuant CEQA Guidelines section 15301 (operation of an existing facility).

Prepared by: Jacinta Liang, Management Analyst
Reviewed by: Rachelle Sander, Director of Parks and Recreation Approved for Submission by: Tina Kapoor, Acting City Manager Attachments:

A - Draft Agreement
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OPERATING AGREEMENT FOR SPORTS CENTER PROGRAMS

1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and (“Contractor”), a
for ,
and is effective on the last date signed below (“Effective Date”).

2. SERVICES

2.1 Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services and Compensation attached here and incorporated as Exhibit A.

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

2.2 Contractor’s duties and services under this agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City.

The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.

3. TIME OF PERFORMANCE

3.1 This Agreement begins on the Effective Date and ends on (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Servicesshall begin on the Effective Date and shall be completed by . The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy.

4. COMPENSATION

4.1 Maximum Compensation. City will compensate Contractor for satisfactory performance of the Services an amount that will be capped so as not to exceed $24,000,000 (“Contract Price”), based upon the scope of services and compensation in Exhibit A. The Contract Price shall be 88% 471
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Professional/Consulting Contracts /Version: April 2024
of the total annual revenue, as hereinafter defined, generated by the programs managed by Contractor at the Cupertino Sports Center. Total annual revenue shall be calculated from the period from January 1 to December 31 and consist of gross revenue without reduction for any incurred costs, including but not limited to, credit card fees. Pursuant to the payment schedule set forth in Exhibit A, Contractor shall remit to the City 12% of all total annual revenue or $250,000, whichever is greater. The $250,000 base amount for calendar year 2025 shall be subject to a $10,000 annual escalator added to the base compensation throughout the duration of the contract.

The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the Contract Price. No extra work or payment is permitted without prior written approval of City.

4.2 Payments. Contractor shall collect all fees for services offered and be compensated with 88% of total annual revenue generated by the programs managed by the Contractor at the Cupertino Sports Center and will remit to the City at least 12% of total annual revenue or $250,000, whichever is greater. The $250,000 base amount for calendar year 2025 shall be subject to a $10,000 annual escalator added to the base compensation throughout the duration of this Agreement. Contractor shall pay to the City based on the compensation schedule set forth in Exhibit A.

Quarterly payments must state a description of the program activities completed, include financial reports, and the amount paid for the preceding quarter. Payments shall be received no later than the 15th of the following month. The final quarter payment will include any additional compensation due to meet the base amount for the calendar year.

5. CAPITAL CONTRIBUTION
Maximum Contribution. Contractor will contribute up to a not to exceed amount of $500,000 towards capital improvements at the Cupertino Sports Center within the first year of the contract, based upon the scope of services and compensation in Exhibit A.

6. INDEPENDENT CONTRACTOR

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

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

6.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code.

6.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 472
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6.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement.

6.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above.

7. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement.

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

8. OWNERSHIP OF MATERIALS

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

8.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights.

Contractor may use copies of the Work Product for promotion only with City’s written approval.

8.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or 473
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copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.

8.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights,City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired; (b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or (d) Other City projects.

8.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original.

9. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment.

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

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

11. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 474
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12. INDEMNIFICATION

12.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following:
(a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party.

12.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement.

12.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothingin the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee.

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

12.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 12 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.

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

12.6. This Section 12 shall survive termination of the Agreement.

13. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision 475
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may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement.

14. COMPLIANCE WITH LAWS

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

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

14.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.

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

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

15. PROJECT COORDINATION
City Project Manager. The City assigns
as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. 476
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Professional/Consulting Contracts /Version: April 2024
Contractor Project Manager. Subject to City approval, Contractor assigns as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services.

Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative.

16. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services.

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

18. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact.

19. 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.

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

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

22. ENTIRE AGREEMENT
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Professional/Consulting Contracts /Version: April 2024
This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.

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

24. 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.

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

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

27. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission:
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Professional/Consulting Contracts /Version: April 2024
To City of Cupertino
Attention:

Email:

To Contractor:

Attention:

Email:

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

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

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

CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:

KIRSTEN SQUARCIA
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Professional/Consulting Contracts /Version: April 2024
City Clerk
DATE:
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EXHIBIT A

SCOPE OF WORK & COMPENSATION
The Contractor shall provide instruction, supervision, court maintenance, storage of equipment, and retail services in, but not limited to, the following:

1. Programs – Class and camp instruction for all City-sponsored groups as determined by the City. Class size and court usage shall be established and approved by the City. All instruction shall be provided at a quality consistent with the standards found at other racquet facilities which are open to the public.

A. Tennis – Classes, Camps, and Lessons
• Contractor provides instructors
• Contractor takes all registration
• Contractor provides all teaching aide equipment (balls, ball machines, etc.)
B. Badminton – Classes and/or Camps
• Contractor provides instructors
• Contractor takes all registration
• Contractor provides equipment (nets & standards, shuttlecocks, etc.)
C. Table Tennis – Classes and/or Camps
• Contractor provides instructors
• Contractor takes all registration
• Contractor provides equipment (tables, nets, etc.)
D. Pickleball – Classes and/or Camps
• Contractor provides instructors
• Contractor takes all registration
• Contractor provides equipment (nets & standards, balls, etc.) E. Basketball – Classes and/or Camps
• Contractor provides instructors
• Contractor takes all registration
• Contractor provides equipment (balls, whistles, pinnies, hoops for small children, etc.)
F. Chess – Classes and/or Camps
• Contractor provides instructors
• Contractor takes all registration
• Contractor provides equipment (boards, pieces, clocks, etc.)

2. Court Allocation – The allocation rate of court and facility usage for programming is provided below. Reservable hours are Monday through Friday 8:00 a.m. to 10:00 481
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p.m., and Saturday and Sunday 8:00 a.m. to 8:00 p.m. The City reserves the right to alter the allocation to best meet the needs of the patrons and community.

September to May
Tennis Courts #6-12 No more than 20% of reservable hours per week Tennis Courts #14-18 No more than 50% of reservable hours per week Sport Court No more than 20% of reservable hours per week Multi-Purpose Room No more than 30% of reservable hours per week Racquetball Courts No more than 5% of reservable hours per week Recreation Room Exclusive use for RM #3. Use by request for RM #1 Pickleball Courts No more than 40% of reservable hours per week School Breaks and Summer (June through August)
Tennis Courts #6-12 No more than 30% of reservable hours per week Tennis Courts #14-18 No more than 60% of reservable hours per week Sport Court No more than 45% of reservable hours per week Multi-Purpose Room No more than 45% of reservable hours per week Racquetball Courts No more than 25% of reservable hours per week Recreation Room Exclusive use for RM #3. Use by request for RM #1 Pickleball Courts No more than 50% of reservable hours per week

3. Retail Service – The Retail Service will be located in the existing pro shop space located next to the lobby of the Cupertino Sports Center. Service will commence at the Cupertino Sports Center on January 1, 2025, and continue through December 31, 2034.

A. The Contractor shall offer services which include the following:
• Provide information and take registration for classes, camps, and lessons
• Racquet restringing for tennis and racquetball racquets • Re-Gripping service
• Tennis racquet demo program and tennis racquet sales
• Ball machine rental
• Sales of various accessories for tennis, pickleball, badminton, and racquetball
• Sales of pre-packaged food and beverages
• Contractor shall be responsible for providing its own internet services and own office equipment and furnishings for their office and retail space
B. Hours of Operation
• Monday – Friday 8:00 a.m. – 10:00 p.m.
• Saturday and Sunday 8:00 a.m. – 8:00 p.m.

Sports Center Closure Dates:
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• July 4
• Thanksgiving Day
• December 24 and 25
• December 31
• January 1
Any changes to the hours of operation must be authorized by the City representative. City staff may require access to facility for maintenance at any given time.

C. Annual Financial Statements – No later than thirty (30) days after the end of each calendar year, the Contractor shall submit to the City an income statement for the preceding year showing the detailed gross revenue and expenses for the Retail Service. The start of each calendar year begins on January 1 and ends on December 31.

4. Outdoor Racquet Court Management
A. The Contractor shall manage all court reservations, including USTA team scheduling. The City shall determine the policies for all court reservations.

B. Court reservation system must include some type of CAPTCHA to determine whether the user is human.

C. The Contractor shall provide retail/front desk staff.

D. The Contractor shall provide all software and office equipment necessary to manage court reservations. Software shall not be on the City’s network.

5. Tennis Court Maintenance
A. The Contractor shall provide at its own expense, weekly maintenance services for all outdoor courts at the Cupertino Sports Center.

B. The Contractor shall include biweekly court washing and alternating biweekly court blowing/sweeping, including the area outside the downstairs Recreation Room adjacent to Court #1. Additional cleaning may be required during pollen season.

C. The Contractor shall clean the tennis court gutters both inside and outside the courts twice per year as needed.

D. The Contractor shall replace tennis court nets, repair net strap anchors, and assemble court rollers as needed. Nets and court rollers provided by the City (net for ball machine court to be provided by Contractor).

E. The Contractor shall empty the trash receptacles on the courts at least twice per week.

F. The Contractor shall provide all necessary materials to provide these maintenance services, including, but not limited to court washing wands, industrial grade hoses, hose carrier cart, portable air blower, storage sheds, and toolkit.
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6. Compensation - The Contractor shall be compensated for services performed pursuant to this Agreement. The total compensation to the Contractor shall not exceed $24,000,000. For services provided to the City pursuant to Exhibit A, Contractor shall retain a maximum of 88% of the total annual revenue, as hereinafter defined, generated by the programs managed by Contractor at the Cupertino Sports Center. Total annual revenue shall include, but not be limited to, all fees collected by the Contractor for all services, including camps, classes, and private lessons. Total annual revenue shall be calculated from the period from January 1 to December 31 and consist of gross revenue without reduction by any incurred costs, including but not limited to, credit card fees. Contractor shall remit to the City 12% of all total annual revenue or $250,000, whichever is greater. This includes a $10,000 annual escalator added to the base compensation throughout the duration of the contract.

Year Minimum Amount of Revenue Paid to City
1 – 2025 $250,000*
+ $500,000 in capital contribution
2 – 2026 $260,000*
3 – 2027 $270,000*
4 – 2028 $280,000*
5 – 2029 $290,000*
6 – 2030 $300,000*
7 – 2031 $310,000*
8 – 2032 $320,000*
9 – 2033 $330,000*
10 – 2034 $340,000*
Total $3,450,000
* Or 12% of Lifetime Activities’ gross annual revenue, whichever is greater Payments will be made to the City, once, at the end of each season, and submitted with the financial reports as described. Payments should be received no later than the 15th of the following month. Seasons are defined as follows:
• Winter (January – March)
• Spring (April – June)
• Summer (July – August)
• Fall (September – December)
Either party may terminate this agreement at an earlier time than above specified by giving one (1) year written notice to the other party. The amount due to the City shall be prorated based on the proposed contract termination date.

7. Capital Contribution – The Contractor shall contribute up to $500,000 in capital improvements at the Cupertino Sports Center within the first year of the contract. 484
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Improvements include converting Tennis Courts #9 and #10 to pickleball courts; potentially installing new neighbor-friendly LED lights for Tennis Courts #16, #17 and #18; removing the glass partition and remodeling the front counter at the retail/office space.

A. The Contractor shall prepare plans and specifications in consultation with the City.

B. The Contractor shall receive approval of all plans and specifications by the Director of Public Works and/or the assigned designee(s) prior to filing of final plans and specifications. The City shall be provided with two complete sets of final plans specifications before construction begins and two complete sets of “as-built” plans and specifications at the completion of construction.

C. Prior to construction, the Contractor shall have obtained all necessary permits, at no cost, authorizing construction of the Project from the City, in compliance with all applicable laws, regulations, codes and the permitting process.

8. Administration and Recordkeeping
A. All public complaints shall be responded to by the Contractor no later than two (2) business days after the complaint was registered. Any complaint received and response provided shall be documented and forwarded to the City no later than the first day of the proceeding month.

B. Any advertising or marketing materials distributed at the Sports Center shall include the City logo and shall be approved by the City representative. • The Contractor shall receive up to two pages in the printed Recreation Guide and up to four pages in the non-printed online Recreation Guide.
• The Contractor shall receive 1 week (7 days) per month of the Cupertino Sports Center outdoor marquee sign (on the corner of Stevens Creek & Stelling) for program advertising.

C. Financial Reporting – The Contractor shall maintain complete, accurate, and detailed accounting records relating to its performance in accordance with generally accepted accounting principles and procedures. Such reports shall, at a minimum, contain:
• A list of the gross revenues as shown upon the books and records of the Contractor, and which were used to compute the payment to the City during the period covered by the statement.
• Detailed information regarding the number participants served, programs, classes, camps, or private lessons rendered, the total gross revenue received for each service, and the resulting calculation of payment to the City.

Said reports shall be included and submitted as backup documentation with the payments to the City. The records and supporting documents must be kept separate from other files and maintained for four (4) years from the date 485
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of the City’s final payment.

D. Auditing – Contractor agrees to make its books and records available to City, or to any City auditor or representative designated by City, for the purpose of examining such books and records to determine the accuracy of Contractor’s earning from Contractor’s business. Such books and records shall be kept for four (4) years and shall be maintained and/or made available to City’s representative for the purpose of re-auditing these accounts; except that, if an audit is made within such four-year period and City claims that errors or omissions have occurred, the books and records shall be retained and made available until those matters are resolved. If an audit reveals that Contractor has understated its Gross Receipts, Contractor shall pay City, promptly upon demand, the difference between the amount Contractor has paid and the amount it should have paid to City. If Contractor understates its Gross Receipts by three percent (3%) or more, the cost of the audit shall be borne by Contractor. If Contractor understates its Gross Receipts with knowledge of such understatement or by reason of gross negligence, then, in addition to paying for the cost of the audit, on the first such occasion Contractor shall pay City ten (10) times the amount of the difference between the amount City should have received and amount City actually received. A second such understatement made with knowledge of or by reason of negligence shall be considered an Event of Default.

9. Collections of Fees and Charges
A. All fees and charges for classes, camps, and private lessons provided by the Contractor shall be collected from the public by the Contractor. The fees and charges for all classes, lessons, and camps for both City-sponsored and private pupils will be established by the City and Contractor pursuant to its normal procedure for establishing such fees and charges.

B. The Contractor shall absorb the merchant fee associated with any payment.

C. Any private lessons offered to outside organizations, such as a school, must be approved by the City, and such organization must pay the City any rental fees associated with such use.

D. During the term of this Agreement, the Contractor is granted the exclusive privilege of providing tennis instruction at the Cupertino Sports Center, however the City retains the right to provide similar services by City employees in connection with City-sponsored programs.

10. Facility Closure – The City reserves the right to close the facility for maintenance, at any time. The City will consider programming schedules and high traffic times of the facility when scheduling the closures.

11. Optional Services
A. The City shall have the sole right to establish the use of all tennis courts at the 486
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Sports Center and the Contractor’s right to give private lessons on any court is subject to the City’s right to priority usage for the City-sponsored events.

B. In performing its services, Contractor may utilize the City’s retail and office space as well as various rooms upon approval by the City.

Location and Time of Contractor Services:

Classes are scheduled on a seasonal basis. Times, dates, and locations of a class, camp, activity, program, or service (“class”) must be approved by the City. The City, at its sole discretion, may change the agreed dates, times, and locations of a class, or may cancel a class.

Performance of Contractor Services:

Registration, Enrollment, and Supervision
Participants may not take part in the program unless they are listed on the class roster or can show proof of enrollment. All participants and volunteers need to complete the City’s Waiver of Liability form prior to taking part in the program. If applicable, Contractor is responsible for supervising minors by remaining with the class until a parent or legal guardian has arrived and all minors are released to them.

Injury of a Class Participant
In the event of an injury occurring to a participant, the Contractor will notify the City within 1 hour and complete an Incident Report on the form approved by the City. The Incident Report must be submitted to the City within 24 hours of the injury occurring. 487
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Insurance Requirements for Professional/Specialized Services Agreement 1 Rev: Sept. 2024
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance and results of the Services hereunder by the Contractor, his agents, representatives, employees or subcontractors.

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

1. Commercial General Liability (CGL): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, contractual liability, property damage, bodily injury, and personal and advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project (ISO CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the minimum coverage/limitsspecified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall be "primary and noncontributory," will not seek contribution from City’s insurance/self-insurance, and shall be endorsed at least as broad as ISO CG 20 10 04 13.
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision thatsuch coverage shall also apply on a primary basisfor 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. Sexual Abuse/Molestation insurance or the equivalent are required for contracts involving children in after school activities, recreational programs, athletics, studies, transportation of students. Covers potential claims of abuse or child molestation. Sexual Abuse/Molestation coverage must be included under General Liability or obtained in separate policies in an amount of not less than $2,000,000 per occurrence ($4,000,000 aggregate).

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

4. Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. (Not required if Contractor provides written verification it has no employees).

EXHIBIT B
Insurance Requirements
Professional/Specialized Services Agreement
for Services and Activities Involving
Children
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Insurance Requirements for Professional/Specialized Services Agreement 2 Rev: Sept. 2024

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

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

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

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

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services.

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

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

Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used.

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

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

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

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

Acceptability of Insurers
Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of AVII or higher.

Verification of Coverage
Contractor shall furnish the City with acceptable original certificates and mandatory endorsements (or copies 489
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Insurance Requirements for Professional/Specialized Services Agreement 3 Rev: Sept. 2024
of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City prior to commencing the Services. City retains the right to demand verification of compliance at any time during the Contract.

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

Insurance coverage shall not limit Contractor’s duties to indemnify, defend and hold City harmless. City reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
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CITY OF CUPERTINO
Agenda Item
24-13443 Agenda Date:
11/19/2024 Agenda #:

13. Subject: First Amendment to contract with Azteca Systems, LLC., for Cityworks, Cupertino’s Asset Management System subscription service, for a total not-to-exceed amount of $362,584.37, and extending the contract date to December 30, 2028.

Authorize the City Manager to execute a First Amendment of the contract with Azteca Systems, LLC., for Cityworks, Cupertino’s Asset Management System subscription service, for a total not-to -exceed amount of $362,584.37 and extending the contract date to December 30, 2028.

CITY OF CUPERTINO Page 1 of 1 Printed on 11/13/2024
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CITY COUNCIL STAFF REPORT
Meeting: November 19, 2024
Subject
First Amendment to contract with Azteca Systems, LLC., for Cityworks, Cupertino’s Asset Management System subscription service, for a total not‐to‐ exceed amount of $362,584.37 and extending the contract date to December 30, 2028.

Recommended Action
Authorize the City Manager to execute a First Amendment of the contract with Azteca Systems, LLC., for Cityworks, Cupertino’s Asset Management System subscription service, for a total not‐to‐exceed amount of $362,584.37 and extending the contract date to December 30, 2028.

Reasons for Recommendation
Cityworks Asset Management Systems (“Cityworks”) is a scalable GIS‐Centric asset management platform the Department of Public Works uses throughout its asset management workflow: from data collection and work management which includes work order, service requests, inspections, preventative maintenance, inventory management, labor, and material management, to regulatory reporting, analytics, and strategic planning. Cityworks  is the leading GIS‐centric solution for public asset management, fully leveraging the power of Esri® ArcGIS® to help communities work smarter and better serve their residents.

Background
Staff began implementation of the Cityworks application with Azteca Systems, LLC in 2009, moving each Operations asset group from a paper management system to a digital GIS‐Centric Management System. Since then, the City has invested staff resources and time in implementing each asset group of the Public Works operations divisions as well as optimizing workflows and GIS data structure to fully capture all aspects of asset management both in the office and in the field.
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2 The current contract was awarded by the City Council on March 7, 2023, for a total of $217,502.63, with the term ending December 30, 2025. The proposed First Amendment will provide a discount to the 2025 contracted year, and add three additional years at a discount, increasing the amount to $362,584.37, extending the term through December 30, 2028.

The long‐term success and value of Cityworks, staff’s knowledge of competing asset management solutions, and the significant resources that have been expended in integrating Cityworks with other applications, makes a strong case for continuing with the Cityworks application and foregoing a solicitation for a different asset management application. In addition, since Azteca Systems LLC is a sole source provider of Cityworks, contracting directly with the application provider rather than through authorized resellers results in  further cost‐savings for the City. Replacing the existing Cityworks applications with either in‐house developed solutions or other vendor‐competing products would greatly increase the City’s cost due to additional implementation, training, and integration fees.

Sustainability Impact
Cityworks software has reduced the volume of paper used for work management, conserving natural resources, and reducing greenhouse gases generated during the production and disposal of paper. When possible, staff leverage the improved software to assign and respond to work requests. Implementation of paperless office strategies like this one is prioritized in Cupertino’s Climate Action Plan (M‐ SW‐1).

City Work Program (CWP) Item: No
CWP Item Description: NA
Council Goal: NA
Fiscal Impact
Funding for the reduced subscription is available in the FY24‐25 Budget.

California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Teri Gerhardt, CGCIO, Chief Technology Officer Reviewed by: Greg Card, CPPO, Purchasing Manager
Chistopher Jensen, City Attorney
Approved for Submission by: Tina Kapoor, Acting City Manager 493
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3 Attachments:

A – Draft First Amendment
B – Base Agreement
C – Sole Source Letter
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FIRST AMENDMENT

ORDER FORM
Order Date: Date of the last signature below
Trimble Entity Name (“Trimble”)
and Address:

Azteca Systems, LLC, a Trimble company
11075 South State, Suite 24, Sandy, Utah 84070
Customer Entity Name
(“Customer”) and Address:

Cupertino, CA
10300 Torre Avenue
Cupertino, CA 95014
Billing Contact Name and E-Mail
Address:

Teri Gerhardt
(408) 777-3311
[email protected]
Initial Term: 12/31/2022 - 12/30/2028
Validity: This Order Form shall expire on 11/25/2024. If this Order Form is not executed by the Customer by the Validity Date, Trimble reserves the right to not offer the pricing found in the Order Form.

Miscellaneous: Purchase orders issued by Customer are issued for administrative purposes only; terms and conditions contained in any such purchase order shall be null and void.

The purpose of this Order Form is to downgrade the Customer’s Licensed Software from a Standard AMS ELA to a Custom AMS ELA.

Post-Termination Customer Data Access. For 30 days from the expiration or termination of the Agreement, Trimble will make Customer Data available to Customer upon request for export or download as provided in the Agreement for the applicable Product. Additional fees may apply.

Licensed Software:

Description Number of Authorized
Users
Annual Term Total
Server AMS Standard Cityworks Enterprise License
Agreement (ELA), Includes Unlimited Quantities of
the Identified Products:

Office
Respond
Mobile Native Apps (for iOS/Android)
--Includes the following Add-ons:

Storeroom
Equipment Checkout
Contracts
Cityworks for Excel
Cityworks Analytics for AMS
eURL (Enterprise URL)
Workload
Web Hooks
OpX Projects
Citizen Engagement API
Metrics API
N/A Year 1 12/31/2022 – 12/30/2023 $71,070.00
Year 2 12/31/2023 – 12/30/2024 $72,491.40

ATTACHMENT A
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Use of Cityworks AMS Application Programming
Interfaces (APIs) with commercially available
Cityworks-centric applications that are licensed and
maintained by authorized Cityworks partners
Server AMS Custom Cityworks Enterprise License
Agreement (ELA), Includes the Identified Products for up to 37 Named Logins:

Office
Respond
Mobile Native Apps (for iOS/Android)
--Includes the following Add-ons:

Storeroom
Web Hooks
Service Request API
Metrics API
37 - Named Users Year 3: 12/31/2024 - 12/30/2025 $53,941.23 Year 4: 12/31/2025 - 12/30/2026 $53,941.23
Year 5: 12/31/2026 - 12/30/2027 $55,020.05
Year 6: 12/31/2027 - 12/30/2028 $56,120.46
All Licensed Software is for the indicated term and not perpetual. Annual fee herein is based on 50,001 - 100,000 population range. Trimble reserves the right to adjust the annual fee accordingly to align with the Customer’s actual population range.

TERMS AND CONDITIONS

1. Terms and Conditions. This Order is subject to the agreement executed by the Parties on March 15, 2023 (the “Agreement”).

2. Payment Terms. All fees are due net 30 from the date of the Trimble invoice. ● Annual Licensed Software: Trimble will invoice 1) Year 3 in the amount of $53,941.23 upon execution of this Order Form, 2) each subsequent Year and any renewals 30 days in advance of each successive anniversary date.

3. Due Authority. By signing below, the signatory represents that he/she (i) is an authorized representative of Customer and (ii) has the authority to legally and functionally commit the Customer.
[Signature Page to Follow]
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3 ACCEPTANCE
Accepted and agreed:

CUSTOMER: CITY OF CUPERTINO
By
Title
Date

APPROVED AS TO FORM

City Attorney
ATTEST:

City Clerk
Date
TRIMBLE:

Signature: __________________
Print Name: George Mastakas____
Title: Vice President__________
Date: __________________
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Contract No. ________

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

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

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

Primary Coverage:

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

Notice of Cancellation:

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

Workers' Compensation:

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

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

General Liability:

For bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Software Provider’s policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 01 (04/13). 498
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Contract No. ________
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Agreement. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect City as a named insured.

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

Cyber Liability:

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

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

2. ABSENCE OF INSURANCE COVERAGE.

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

3. PROOF OF INSURANCE COVERAGE AND COVERAGE VERIFICATION.

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

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Contract No. ________

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

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

6. ADEQUACY OF COVERAGE
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

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

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

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

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

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

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

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

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

AUTOS ONLY
E
A
408 467 5699 1,000,000 12/01/2024 1,000,000 35323540 X
WC7 11892854 (RETRO) SEA-003879365-05 1,000,000 2,000,000 WC7 11636763 (CA) X 20427 2,000,000 Retention N
X
COMP/COLL DED 12/01/2023 Transportation Insurance Co 4
12/01/2024 12/01/2023 35289 1,000,000 12/01/2024 1,000,000 12/01/2024 [email protected] 73257020 Technology Errors & Omissions B 2,000,000 1,000,000 X
GAP7011892868 (STOP GAP) American Casualty Company of Reading, PA 1,000,000 X C
X
1,000 12/06/2023 2,500,000 12/01/2023 10,000,000 12/01/2023 X 12/01/2023 Cupertino, CA 95014 City of Cupertino
Continental Insurance Company A
E
Syndicate 2623/623 at Lloyd's CN102488216-STND-GAWUE-23- Limit 10,000 12/01/2024 1,000,000 79724719 D 2,000,000 20281 1,000,000 1,000,000 12/01/2024 WC7 11636746 (AOS); Ded: $250k 1735 Technology Drive, Suite 790 Marsh Risk & Insurance Services
X
San Jose, CA 95110 Azteca Systems LLC (dba Cityworks)
Trimble Inc.

Sandy, UT 84070 11075 South State #24
X
W101C7231801 12/01/2023 10300 torre Ave
12/01/2023 12/01/2023 A
Petronella Massey 12/01/2024 20494 12/01/2024 408 467 5614 Federal Insurance Company 501
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Form: 16-02-0292 (Rev. 11-16) Page 1 of 3
"Includes copyrighted material of Insurance Services Office, Inc. with its permission"

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

COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
This endorsement modifies the Business Auto Coverage Form.

1. EXTENDED CANCELLATION CONDITION
Paragraph A.2.b. – CANCELLATION - of the
COMMON POLICY CONDITIONS form IL 00 17 is
deleted and replaced with the following:
b. 60 days before the effective date of cancellation if we cancel for any other reason.

2. BROAD FORM INSURED
A. Subsidiaries and Newly Acquired or Formed
Organizations As Insureds
The Named Insured shown in the Declarations is
amended to include:

1. Any legally incorporated subsidiary in which
you own more than 50% of the voting stock on
the effective date of the Coverage Form.

However, the Named Insured does not include
any subsidiary that is an “insured” under any
other automobile policy or would be an
“insured” under such a policy but for its
termination or the exhaustion of its Limit of
Insurance.

2. Any organization that is acquired or formed by
you and over which you maintain majority
ownership. However, the Named Insured
does not include any newly formed or acquired
organization:
(a) That is an “insured” under any other
automobile policy;
(b) That has exhausted its Limit of Insurance
under any other policy; or
(c) 180 days or more after its acquisition or
formation by you, unless you have given
us written notice of the acquisition or
formation.

Coverage does not apply to “bodily injury” or
“property damage” that results from an “accident”
that occurred before you formed or acquired the
organization.

B. Employees as Insureds
Paragraph A.1. – WHO IS AN INSURED – of
SECTION II – LIABILITY COVERAGE is amended to
add the following:
d. Any “employee” of yours while using a
covered “auto” you don’t own, hire or
borrow in your business or your personal
affairs.

C. Lessors as Insureds
Paragraph A.1. – WHO IS AN INSURED – of
SECTION II – LIABILITY COVERAGE is
amended to add the following:
e. The lessor of a covered “auto” while the
“auto” is leased to you under a written
agreement if:
(1) The agreement requires you to
provide direct primary insurance for
the lessor; and
(2) The “auto” is leased without a driver.

Such leased “auto” will be considered a
covered “auto” you own and not a covered
“auto” you hire.

However, the lessor is an “insured” only
for “bodily injury” or “property damage”
resulting from the acts or omissions by:

1. You;

2. Any of your “employees” or agents;
or

3. Any person, except the lessor or
any “employee” or agent of the
lessor, operating an “auto” with the
permission of any of 1. and/or 2.
above.

D. Persons And Organizations As Insureds
Under A Written Insured Contract
Paragraph A.1 – WHO IS AN INSURED – of
SECTION II – LIABILITY COVERAGE is
amended to add the following:
f. Any person or organization with respect to
the operation, maintenance or use of a
covered “auto”, provided that you and
such person or organization have agreed
under an express provision in a written
“insured contract”, written agreement or a
written permit issued to you by a
governmental or public authority to add
such person or organization to this policy
as an “insured”.

However, such person or organization is
an “insured” only:
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"Includes copyrighted material of Insurance Services Office, Inc. with its permission" (1) with respect to the operation,
maintenance or use of a covered
“auto”; and
(2) for “bodily injury” or “property damage”
caused by an “accident” which takes
place after:
(a) You executed the “insured
contract” or written agreement; or
(b) The permit has been issued to
you.

3. FELLOW EMPLOYEE COVERAGE
EXCLUSION B.5. - FELLOW EMPLOYEE – of
SECTION II – LIABILITY COVERAGE does not apply.

4. PHYSICAL DAMAGE – ADDITIONAL TEMPORARY

TRANSPORTATION EXPENSE COVERAGE
Paragraph A.4.a. – TRANSPORTATION EXPENSES
– of SECTION III – PHYSICAL DAMAGE
COVERAGE is amended to provide a limit of $50 per
day for temporary transportation expense, subject to a
maximum limit of $1,000.

5. AUTO LOAN/LEASE GAP COVERAGE
Paragraph A. 4. – COVERAGE EXTENSIONS - of
SECTION III – PHYSICAL DAMAGE COVERAGE is
amended to add the following:
c. Unpaid Loan or Lease Amounts
In the event of a total “loss” to a covered “auto”, we will pay any unpaid amount due on the loan or lease for a
covered “auto” minus:

1. The amount paid under the Physical Damage
Coverage Section of the policy; and

2. Any:
a. Overdue loan/lease payments at the time of
the “loss”;
b. Financial penalties imposed under a lease for
excessive use, abnormal wear and tear or
high mileage;
c. Security deposits not returned by the lessor:
d. Costs for extended warranties, Credit Life
Insurance, Health, Accident or Disability
Insurance purchased with the loan or lease;
and
e. Carry-over balances from previous loans or
leases.

We will pay for any unpaid amount due on the loan or
lease if caused by:

1. Other than Collision Coverage only if the
Declarations indicate that Comprehensive
Coverage is provided for any covered “auto”;

2. Specified Causes of Loss Coverage only if the
Declarations indicate that Specified Causes of
Loss Coverage is provided for any covered “auto”;
or

3. Collision Coverage only if the Declarations indicate that Collision Coverage is provided for any
covered “auto.

6. RENTAL AGENCY EXPENSE
Paragraph A. 4. – COVERAGE EXTENSIONS – of
SECTION III – PHYSICAL DAMAGE COVERAGE
is amended to add the following:
d. Rental Expense
We will pay the following expenses that you or
any of your “employees” are legally obligated
to pay because of a written contract or
agreement entered into for use of a rental
vehicle in the conduct of your business:

MAXIMUM WE WILL PAY FOR ANY ONE
CONTRACT OR AGREEMENT:

1. $2,500 for loss of income incurred by the
rental agency during the period of time that
vehicle is out of use because of actual
damage to, or “loss” of, that vehicle, including
income lost due to absence of that vehicle for
use as a replacement;

2. $2,500 for decrease in trade-in value of the
rental vehicle because of actual damage to
that vehicle arising out of a covered “loss”; and

3. $2,500 for administrative expenses incurred
by the rental agency, as stated in the contract
or agreement.

4. $7,500 maximum total amount for paragraphs

1., 2. and 3. combined.

7. EXTRA EXPENSE – BROADENED COVERAGE
Paragraph A.4. – COVERAGE EXTENSIONS – of
SECTION III – PHYSICAL DAMAGE COVERAGE
is amended to add the following:
e. Recovery Expense
We will pay for the expense of returning a
stolen covered “auto” to you.

8. AIRBAG COVERAGE
Paragraph B.3.a. - EXCLUSIONS – of SECTION
III – PHYSICAL DAMAGE COVERAGE does not
apply to the accidental or unintended discharge of
an airbag. Coverage is excess over any other
collectible insurance or warranty specifically
designed to provide this coverage.

9. AUDIO, VISUAL AND DATA ELECTRONIC

EQUIPMENT - BROADENED COVERAGE
Paragraph C.1.b. – LIMIT OF INSURANCE - of
SECTION III - PHYSICAL DAMAGE is deleted
and replaced with the following:
b. $2,000 is the most we will pay for "loss" in any
one "accident" to all electronic equipment that
reproduces, receives or transmits audio, visual
or data signals which, at the time of "loss", is:
(1) Permanently installed in or upon the
covered "auto" in a housing, opening or
other location that is not normally used by
the "auto" manufacturer for the installation
of such equipment;
(2) Removable from a permanently installed
housing unit as described in Paragraph

2.a. above or is an integral part of that
equipment; or
(3) An integral part of such equipment.

10. GLASS REPAIR – WAIVER OF DEDUCTIBLE
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"Includes copyrighted material of Insurance Services Office, Inc. with its permission" Under Paragraph D. - DEDUCTIBLE – of
SECTION III – PHYSICAL DAMAGE COVERAGE
the following is added:

No deductible applies to glass damage if the glass
is repaired rather than replaced.

11. TWO OR MORE DEDUCTIBLES
Paragraph D.- DEDUCTIBLE – of SECTION III –
PHYSICAL DAMAGE COVERAGE is amended to
add the following:

If this Coverage Form and any other Coverage
Form or policy issued to you by us that is not an
automobile policy or Coverage Form applies to the
same “accident”, the following applies:

1. If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived; or

2. If the deductible under this Business Auto
Coverage Form is not the smaller (or smallest)
deductible, it will be reduced by the amount of
the smaller (or smallest) deductible.

12. AMENDED DUTIES IN THE EVENT OF

ACCIDENT, CLAIM, SUIT OR LOSS
Paragraph A.2.a. - DUTIES IN THE EVENT OF
AN ACCIDENT, CLAIM, SUIT OR LOSS of
SECTION IV - BUSINESS AUTO CONDITIONS is
deleted and replaced with the following:
a. In the event of “accident”, claim, “suit” or
“loss”, you must promptly notify us when the
“accident” is known to:
(1) You or your authorized representative, if
you are an individual;
(2) A partner, or any authorized
representative, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer, insurance manager,
or authorized representative, if you are an
organization other than a partnership or
limited liability company.

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

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

13. WAIVER OF SUBROGATION
Paragraph A.5. - TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US of
SECTION IV – BUSINESS AUTO CONDITIONS is
deleted and replaced with the following:

5. We will waive the right of recovery we would
otherwise have against another person or
organization for “loss” to which this insurance
applies, provided the “insured” has waived
their rights of recovery against such person or
organization under a contract or agreement
that is entered into before such “loss”.

To the extent that the “insured’s” rights to
recover damages for all or part of any
payment made under this insurance has not
been waived, those rights are transferred to
us. That person or organization must do
everything necessary to secure our rights and
must do nothing after “accident” or “loss” to
impair them. At our request, the insured will
bring suit or transfer those rights to us and
help us enforce them.

14. UNINTENTIONAL FAILURE TO DISCLOSE

HAZARDS
Paragraph B.2. – CONCEALMENT,
MISREPRESENTATION or FRAUD of SECTION
IV – BUSINESS AUTO CONDITIONS - is deleted
and replaced with the following:

If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we will
not void coverage under this Coverage Form
because of such failure.

15. AUTOS RENTED BY EMPLOYEES
Paragraph B.5. - OTHER INSURANCE of
SECTION IV – BUSINESS AUTO CONDITIONS -
is amended to add the following:
e. Any “auto” hired or rented by your “employee”
on your behalf and at your direction will be
considered an “auto” you hire. If an
“employee’s” personal insurance also applies
on an excess basis to a covered “auto” hired
or rented by your “employee” on your behalf
and at your direction, this insurance will be
primary to the “employee’s” personal
insurance.

16. HIRED AUTO – COVERAGE TERRITORY
Paragraph B.7.b.(5). - POLICY PERIOD,
COVERAGE TERRITORY of SECTION IV –
BUSINESS AUTO CONDITIONS is deleted and
replaced with the following:
(5) A covered “auto” of the private passenger
type is leased, hired, rented or borrowed
without a driver for a period of 45 days or
less; and

17. RESULTANT MENTAL ANGUISH COVERAGE
Paragraph C. of - SECTION V – DEFINITIONS is
deleted and replaced by the following:
“Bodily injury” means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death as a result of the “bodily
injury” sustained by that person.
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Workers Compensation And Employers Liability Insurance
Policy Endorsement

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

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

Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual.

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

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

All other terms and conditions of the policy remain unchanged.

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

WC 7 11636746
Endorsement No: 38; Page: 1 of 1 Policy Page: 265 of 396 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606
Form No: WC 00 03 13 (04-1984)
Endorsement Effective Date:

Policy No:

Endorsement Expiration Date: Policy Effective Date: 12/01/2023 Copyright 1983 National Council on Compensation Insurance. 508 CC 11-19-2024
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Workers Compensation And Employers Liability Insurance
Policy Endorsement

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

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

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

All other terms and conditions of the policy remain unchanged.

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

WC 7 11636763
Endorsement No: 7; Page: 1 of 1 Policy Page: 42 of 66
Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: G-19160-B (11-1997)
Endorsement Effective Date:

Policy No:

Endorsement Expiration Date: Policy Effective Date: 12/01/2023 © Copyright CNA All Rights Reserved. 509
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Workers Compensation And Employers Liability Insurance
Policy Endorsement

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

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

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

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

All other terms and conditions of the policy remain unchanged.

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

WC 7 11892854
Endorsement No: 17; Page: 1 of 1 Policy Page: 62 of 86
Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: WC 00 03 13 (04-1984)
Endorsement Effective Date:

Policy No:

Endorsement Expiration Date: Policy Effective Date: 12/01/2023 Copyright 1983 National Council on Compensation Insurance. 510 CC 11-19-2024
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ATTACHMENT B
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ATTACHMENT C
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CITY OF CUPERTINO
Agenda Item
24-13300 Agenda Date:
11/19/2024 Agenda #:

14. Subject: City Manager’s First Quarter Financial Report for Fiscal Year (FY) 2024-25 A. Accept the City Manager’s First Quarter Financial Report for Fiscal Year 2024-25; and B. Adopt Resolution No. 24-106 approving Budget Modification No. 2425-367, increasing appropriations by $331,128 fund by unassigned fund balance.

CITY OF CUPERTINO Page 1 of 1 Printed on 11/13/2024
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CITY COUNCIL STAFF REPORT
Meeting: November 19, 2024
Subject
City Manager’s First Quarter Financial Report for Fiscal Year (FY) 2024-25 Recommended Action
A. Accept the City Manager’s First Quarter Financial Report for Fiscal Year 2024-25; and B. Adopt Resolution No. 24-XXX approving Budget Modification No. 2425-367, increasing appropriations by $331,128 fund by unassigned fund balance.

Executive Summary
The First Quarter Financial Report for FY 2024-25 outlines the City’s financial status as of September 30, 2024. The FY 2024-25 Amended Budget is $217.4 million, increasing from an adopted budget of $146.6 million due to carryovers and encumbrances from the last fiscal year, in addition to Council-approved budget adjustments.

In FY 2023-24, revenues were lower than budgeted, primarily due to the carryover of Vallco Town Center revenues. Positive variances were noted in use of money and property and property tax.

Expenditures were also lower than budgeted across all expense categories, driven by savings in salaries and benefits, materials, contract services and Capital Outlays.

As of the first quarter of FY 2024-25, revenue was $6.1 million, or 35% lower than last year, due to decreases in sales and transient occupancy tax. This primarily due to a shift to cash basis accounting for interim reports as recommended by the City’s financial auditors The Pun Group.

While this change enhances cash flow accuracy, it may limit comparability with FY 2023-24. The decrease mainly impacts sales tax . These decreases are discussed further in the First Quarter Update, General Fund section.

City staff is recommending $331,128 in budget adjustments. These adjustments represent either final budget clean up items, or new items that materialized after budget adoption. These have been separated from adjustments related to the One-time Funds Allocation Plan item in that these recommendations would be made regardless of if the City had uncommitted the sales tax repayment reserve.
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2 Reasons for Recommendation
The First Quarter Financial Report, as of September 30, 2024, is a critical tool for the City to evaluate its current revenue outlook and make necessary adjustments to the budget in response to changing spending priorities. It provides an overview of the City's budget status, including its revenue outlook, expenditure patterns, and other key financial metrics. Additionally, the report helps the City stay on track toward achieving its goals and objectives by providing valuable insights into the City's financial performance. By using this information to make informed decisions and take appropriate actions, the City can maintain its fiscal sustainability.

Background
On June 4, 2024, the City Council adopted the FY 2024-25 Adopted Budget, a $146.6 million spending plan funded by $139.3 million in revenue and $7.3 million in fund balance. The adopted budget reflected a $102,805 increase from the proposed budget as illustrated below.

Budget Actions Amount
Proposed Budget & Capital Improvement Program (Including Transfers) $ 146,543,688
Final Budget Hearing & Adoption
Operating Changes 102,805
FY 2024-25 Adopted Budget $ 146,646,493
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3 As part of the FY 2023-24 year-end close, additional funds were carried forward to FY 2024-25, amounting to $9.0 million in encumbrances and $61.1 million in budget carryovers. 1 The largest
encumbrances were for General Fund ($4.8 million), and the largest carryovers were for General Fund ($24.3 million). Furthermore, the FY 2024-25 Amended Budget includes Council-approved budget adjustments from July 1 to September 30, 2024, totaling $678,707. Please refer to Attachment C for details on the carryovers.

As a result of these budget adjustments, encumbrances, and carryovers, the amended budget at the end of the first quarter is $217.4 million, funded with $175.0 million in revenue and $42.4 million in fund balance. The reflection of carryovers and encumbrances in the amended budget

1 Encumbrances are outstanding commitments tied to unfilled purchase orders or contracts, which are rolled over to the following fiscal year until those obligations are fulfilled or terminated. Budget carryovers are unencumbered funds for unfinished projects carried over to the following fiscal year to be spent for the same purpose for which they were approved. 550
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4 is a standard practice in municipal budgeting and aligns with the amounts in previous years, which have been approximately $80 million. Carryovers and encumbrances are appropriations approved in prior years but have not yet been spent.

The budget adjustments are summarized in the chart below.

First Quarter Financial Report Summary of Budget Adjustments by Fund As shown in the following chart, the amended budget is the adopted budget, plus encumbrances, budget carryovers, and Council-approved budget adjustments. The reflection of encumbrances and budget carryovers in the amended budget is a standard practice in municipal budgeting and aligns with the amounts in previous years. Encumbrances and budget carryovers are appropriations approved in prior years that have not yet been spent and are still required for ongoing projects or obligations.

Fund
FY 2024-25
Adopted
Budget Carryovers Encumbrances
Adjustments
Approved in 1st
Quarter
FY 2024-25 Amended
Budget as of
September 30, 2024
General 90,041,794 24,271,306 4,753,530 78,707 119,145,337 Special Revenue 13,956,348 15,445,956 885,056 300,000 30,587,360 Debt Service 2,676,200 - - - 2,676,200
Capital Projects 22,057,580 20,678,417 2,449,854 300,000 45,485,851 Enterprise 9,271,222 522,360 55,396 - 9,848,978
Internal Service 8,643,349 151,167 837,023 - 9,631,539
Total All Funds $ 146,646,493 $ 61,069,206 $ 8,980,859 $ 678,707 $ 217,375,265 551
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5 Please refer to Attachment C for detailed descriptions of the budget adjustments.

FY 2023-24 Year End Update
Revenues
The city is expected to end FY 2023-24 with total revenues of $147 million, $26.5 million less than budgeted, primarily due to the carryover of Vallco Town Center plan check, building inspection, and engineering revenues. These revenues will continue to be carried over each year until the services are rendered, and the revenues are recognized. Additionally, revenues are less than budgeted due to Housing Mitigation fees and an outstanding reimbursement request from the Section 115 OPEB Trust for retiree health expenses in FY 2021-22 and FY 2022-23, as is further explained in the table and miscellaneous revenues section below.

FY 2023-24 Year End Actuals versus Amended Budget by Revenue Category Sales Tax revenue remained relatively the same as budgeted. The City budgets revenues conservatively and anticipated a reduction in online sales as the pandemic waned.

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

As a result, when sales tax fluctuates, the City's share of the County pool adjusts proportionally.

Revenue Category
Amended
Budget Actual Variance ($) Variance (%)
05 - Sales tax 30,811,262 30,961,166 149,904 0%
10 - Property tax 31,736,834 33,036,853 1,300,019 4%
15 - Transient occupancy 7,500,000 6,486,798 (1,013,202) -14% 20 - Utility tax 4,100,000 3,935,917 (164,083) -4%
25 - Franchise fees 3,443,574 4,313,669 870,095 25%
30 - Other taxes 6,305,547 1,970,611 (4,334,936) -69%
35 - Licenses and permits 34,012,361 4,412,057 (29,600,304) -87% 40 - Use of money and property 3,762,886 14,948,528 11,185,642 297% 45 - Intergovernmental revenue 8,699,703 6,965,150 (1,734,553) -20% 50 - Charges for services 26,074,859 23,958,699 (2,116,160) -8% 55 - Fines and forfeitures 408,563 419,148 10,585 3%
60 - Miscellaneous 3,916,556 3,224,519 (692,037) -18%
65 - Transfers in 12,207,553 12,210,622 3,069 0%
70 - Other financing sources 483,779 157,787 (325,992) -67% Total $ 173,463,477 $ 147,001,525 $ (26,461,952) -15%
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6 Nonetheless, revenue for FY 2023-24 was still significantly lower than in previous years due to a shift from online to in-store shopping. The negative impacts of the sales tax reallocation determination do not appear in FY24 as described later in this section. The COVID-19 pandemic had a substantial impact on the City's sales tax revenues from FY 2019-20 to FY 2021-22. Notably, certain sectors, including business-to-business sales tax and County pool allocation, experienced growth during this period. This growth was primarily driven by increased online sales due to statewide shelter-in-place mandates and a heightened demand for computer and electronics equipment, reflecting the shift to remote work during the pandemic.

The California Department of Tax and Fee Administration (CDTFA) is responsible for administering the distribution of sales and use tax in California. Businesses in California must register for a sales tax permit, collect taxes from customers, and report their sales taxes accurately and timely. These taxes, along with information about their allocation to jurisdictions, are then forwarded to the CDTFA, which distributes them to the appropriate jurisdictions. Additionally, the CDTFA conducts audits on businesses to ensure compliance with tax laws and regulations.

The City receives a share of the sales tax revenue generated within its boundaries, which funds a wide range of City services and programs.

Though this occurred in the second quarter of FY 2024-25, it is important to note that in October 2024, the City reached a settlement agreement with CDTFA following its appeal of CDTFA's audit findings, which concluded that sales and use tax revenues had been incorrectly allocated to the City. As a result of this settlement, the City has uncommitted $74.5 million that had been reserved for a potential repayment of disputed sales tax funds. The City’s forecast will be updated in the Mid-Year Financial Report to reflect any adjustments in estimated sales tax revenues resulting from the settlement.

Property Tax revenue came in $1.3 million higher than estimated. In FY 2023-24, the City’s property tax roll grew $1.4 billion, or 4.57%, year-over-year, compared to 6.65% for the county.

The bulk of the increase was due to increases in residential properties by $1.3 billion, or 6.8%.

This category makes up 62.4% of the net taxable value. Unsecured property tax increased by $76 million, or 7.1%. This category makes up 3.5% of the net taxable value. Lastly, commercial property values decreased by $91.5 million, or 1%. This category makes up 28.3% of the net taxable value.

Transient Occupancy Tax (TOT) revenue came in $1.0 million lower than estimated due to less travel than expected.

Utility Tax revenues remained in line with estimated amounts. 553
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7 Franchise Fees came in $0.9 million higher than budgeted due to increases in revenues received for Recology and PG&E.

Other Taxes revenues came in $4.3 million lower than estimated primarily due to Housing Mitigation fees. This is primarily due to certain developments that have not yet reached the permit submittal phase. As these developments progress, the Housing Mitigation fees will be collected.

Licenses and Permits are $29.6 million lower than budgeted primarily due to the carryover of Vallco Town Center plan check and building inspection revenues. These revenues will continue to be carried over each year until the services are rendered, and the revenues are recognized.

Use of Money and Property came in $11.2 million higher because of increases in the market values of the City’s fixed-income and Section 115 Trust investment portfolios. At the end of the fiscal year, the values of the City’s investments are adjusted to reflect the year-end market value. The market value of fixed-income investment fluctuates depending on interest rates. When interest rates increase after an investment is purchased, the market value of the investment decreases.

However, when interest rates decrease after an investment is purchased, the market value of the investment increases. At the time of purchase, the City intends to hold investments until maturity, so changes in market value do not affect the City’s investment principal. The gain or loss will only be realized if the City sells its investments before maturity.

Intergovernmental revenue came in $1.7 million lower due to the anticipated receipt of a state grant and federal grant in addition to revenues from the Transportation Development Act (TDA) Article 3 Program related to the city’s Bike Plan projects that were expected to be received in FY 2023-24. The TDA3 funding expired on June 30, 2024. VTA reallocated the funding as Measure B, to be addressed through an amendment to the City's existing Measure B funding agreement.

Charges for Services came in $2.1 million lower due to the carryover of Vallco Town Center engineering fees. These revenues will continue to be carried over each year until the services are rendered, and the revenues are recognized.

Fines and Forfeitures remained in line with estimated amounts.

Miscellaneous revenues came in $0.7 million lower than budgeted primarily due to an outstanding reimbursement request from the Section 115 OPEB Trust for retiree health expenses in FY 2021- 22 and FY 2022-23. This trust was set up by the City in FY 2009-10 to support its Other PostEmployment Benefits (OPEB) obligations. The Section 115 OPEB Trust is solely designated for retiree health costs, and the funds can be used to pay the benefits administrator or to reimburse the City for OPEB Plan benefits and costs. This outstanding reimbursement request is offset by 554
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8 revenues not originally anticipated in FY 2023-24 but were received from a litigation settlement and Municipal Solid Waste processing funds related to Resource Recovery.

Transfers In revenues remained in line with estimated amounts.

Other Financing Sources came in lower than estimated due to the timing of refundable deposit revenues received.

Expenditures
The City is expected to end FY 2023-24 with total expenditures of $121.8 million, which is $16.9 million lower than budgeted. This is due to various savings achieved over several expense categories, as shown in the following table and described further below.

FY 2023-24 Year End Actuals versus Amended Budget by Expense Category Salaries and Benefits were lower than budgeted due to staff vacancies.

Materials came in lower than budgeted due to savings in water service costs for various City facilities. There was also a reduction in various discontinued software applications as well as negotiated lowered costs with various software vendors. Grant expenditures for CDBG Capital/Housing projects came in under budget due to the Senior Center Fire Sprinkler System Replacement project still under design review. There was also a Citywide reduction in expenses related to general supplies.

Expenditure Category
Amended
Budget
Actual
Expenditures Variance ($) Variance (%)
05 - Employee compensation 30,293,262 26,716,216 (3,577,046) -12% 10 - Employee benefits 14,884,120 13,622,990 (1,261,130) -8% 15 - Materials 9,151,559 7,695,353 (1,456,206) -16%
20 - Contract services 36,804,148 31,547,606 (5,256,542) -14% 25 - Cost allocation 12,475,250 12,475,250 - 0%
30 - Capital outlays 11,199,809 8,767,797 (2,432,012) -22% 31 - Special projects 6,200,635 4,901,006 (1,299,629) -21% 35 - Contingencies 303,066 5,732 (297,334) -98%
40 - Debt services 2,677,600 2,677,600 - 0%
45 - Transfer out 12,207,553 12,207,553 - 0%
50 - Other financing uses 2,514,987 1,214,762 (1,300,225) -52% Total $ 138,711,989 $ 121,831,865 $ (16,880,124) -12%
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9 Contract Services were lower than budgeted due to savings in Resource Recovery, BMR affordable housing fund, and various contracts related to Parks and Recreation programs and the City Attorney’s Office.

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

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

Other Financing Uses were lower than budgeted due to decreased use of on-call contracts and a decrease in costs related to depreciation expenses
The table below compares actual revenues and expenditures and the resulting changes to fund balance effective as of FY 2023-24 year-end.

FY 2023-24 Year-End Estimates ($ in millions)
FY 2024-25 First Quarter Update
General Fund
The General Fund's historical revenues, expenditures, and fund balance demonstrate that amended expenditures have often exceeded amended revenues, leading to the use of fund balance. However, it was not due to a structural deficit but the transfer of excess fund balance from the General Fund to the Capital Reserve per the City's use of one-time funds policy. Due to 556
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10 the City's encumbrance and budget carryover process, fiscal years have generally ended with increases in fund balance. The following table shows a 4-year comparison of revenues, expenditures, and changes to fund balance.
4-Year Comparison of Revenues, Expenditures, and Changes to Fund Balance ($ in millions) The General Fund's historical financial data indicates that amended expenditures have often exceeded amended revenues, leading to a decrease in fund balance. However, when we look at actual revenues and expenditures, we have historically seen an increase to fund balance.

By continuing to monitor and manage its financial resources effectively, the City can ensure that it maintains an appropriate fund balance in the General Fund.

Revenues
As of the first quarter, total revenue is $11.2 million, which is $6.5 million, or 37%, lower than last year. This decrease is primarily due to a shift in the accounting methods used for financial 557
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11 reporting: while year-end financials will continue to use modified and full accrual accounting in accordance with generally accepted accounting principles, interim reports will now follow a cash basis. This change improves accuracy in reflecting actual cash flows during the fiscal year but may make comparisons to FY 2023-24 reports challenging. However, reporting will be consistent on a cash basis in future fiscal years. This change predominantly affects sales tax, transient occupancy tax, and use of money and property, which show temporary decrease due to the reporting adjustment.

The following table shows the differences between General Fund revenues collected as of the first quarter in the current fiscal year and the prior fiscal year.

Comparison of FY 2023-24 First Quarter Revenue to FY 2024-25 General Fund
Sales Tax revenue received in the first quarter was $7.4 million, or 73%, lower than last year. Sales tax revenues are received two months in arrears, so this figure reflects sales tax collections for July 2024 (FY 2024-25), compared to July through September 2023 for FY 2023-24. Additionally, the $2.7 million includes full recognition of revenue from sales tax distributions during the quarter. Staff is currently working with CDTFA and the taxpayer to accurately reclassify Q1 sales tax revenues, with the adjustment to be reflected in the Mid-Year Financial Report.

Revenue Category
First Quarter
2024
First Quarter
2025 Variance ($) Variance (%)
05 - Sales tax 10,093,439 2,733,793 (7,359,646) -73%
10 - Property tax 54,731 40,983 (13,748) -25%
15 - Transient occupancy 1,544,806 633,478 (911,328) -59% 20 - Utility tax 600,139 742,741 142,602 24%
25 - Franchise fees 220,813 209,378 (11,435) -5%
30 - Other taxes 326,683 386,216 59,533 18%
35 - Licenses and permits 961,174 1,474,379 513,205 53% 40 - Use of money and property 816,272 156,159 (660,114) -81% 45 - Intergovernmental revenue 150,961 12,718 (138,243) -92% 50 - Charges for services 2,830,640 3,344,982 514,342 18% 55 - Fines and forfeitures 23,082 40,478 17,396 75%
60 - Miscellaneous 40,704 105,119 64,415 158%
65 - Transfers in 15,000 15,000 - 0%
70 - Other financing sources 0 1,330,326 1,330,326 -
Total $ 17,678,443 $ 11,225,749 $ (6,452,694) -37%
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12 Property Tax revenue is lower than last year by approximately $14,000, or 25%, due to a decrease in supplemental property tax. According to the HdL, the City’s property tax consultant, the citywide growth in value in the 2024-25 assessment roll is $1.412 billion, an increase of 4.4%. With the first 7 months of sales data processed for 2024, Single Family Residentials are selling for 4.57% less than in the previous calendar year. Prices for the full calendar year 2023 increased 10.24%.

Prices are still being driven by higher interest rates and fewer properties being offered for sale.

The City’s property tax base remains strong and HdL is currently projecting property taxes over the next five years as shown in the table below.

Transient Occupancy Tax (TOT) revenue decreased by $0.9 million, or 59%, compared to the previous year due to decreased travel, and is still lower than pre-pandemic levels. The average daily rates and occupancy rates for hotels are now closer to pre-pandemic levels, as shown in the table below.

FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28
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13 Average Daily Rates and Occupancy Rates by Month
Hotels in Cupertino
Although TOT revenues have mostly recovered from the pandemic, the City's TOT revenues may continue to be affected in the long term due to telework and decreased business travel.

Headwinds in the tech industry have resulted in layoffs and reduced spending in areas such as travel. Staff will continue to monitor economic regulations and other factors and report back on their impact on TOT revenues as part of the quarterly financial reports.

Utility Tax increased by approximately $143,000, or 24%, primarily due to an increase in the amount of UUT collected based on higher gross receipts compared to the same period in the prior year.

Franchise Fees decreased by approximately $11,000, or 5%, representing nominal change from the same period in the prior year.
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14 Other Taxes increased by $60,000 or 18%, primarily due to increases in revenues received for property transfer taxes and the collection of business license taxes.

Licenses and Permits increased by approximately $513,000 or 53%, due to increases in revenues received for building inspections and construction plan check permit fees.

Use of Money and Property decreased by approximately $660,000, or 81%, due to decreased investment earnings. Changes to investment is due to a change in accounting to align with best practices. Balances will continue to flow and are anticipated to end within projections.

Intergovernmental Revenue decreased by approximately $138,000, or 92%, due to revenues received in the same period last year for a state mandate reimbursement and state grant for sheriff’s contract.

Charges for Services increased by approximately $514,000, or 18%, due to increases in cost allocation plan methodology and current planning fees.

Fines and Forfeituresincreased by $17,000, or 75%, due to an increase in revenues related to parking fines compared to the same period last year.

Miscellaneous Revenueincreased by approximately $64,000, or 158% due to revenues received from a new Technology fee assessed on permits created in FY 2024-25.

Transfers In are in line with estimated dollars.

Other Financing Sources increased by $1.3 million due to revenues received from the Byrne property transaction.

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

Expenditures
General Fund expenditures are down $127,000, or 0%, when compared to the same time last year.

The following table shows the differences between General Fund expenditures as of the first quarter in the current fiscal year and the prior fiscal year:
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15 Comparison of FY 2023-24 and FY 2024-25 First Quarter Expenditures General Fund
Salaries have decreased by $113,000, or 2%. This decrease in compensation is primarily due to staff vacancies. However, benefits have increased by $199,000, or 9%. This increase in benefits is due to higher costs in health insurance and CalPERS' Unfunded Accrued Liability (UAL).

Materials costs have increased by approximately $406,000, or 31%, primarily due to an increase in Information & Technology software, Public Work electricity and water costs.

Contract Services have decreased by approximately $1.2 million, or 16%, primarily due to the timing of expenses for the City’s law enforcement contract with the Santa Clara County Sheriff’s Office. To provide some context, FY 2023-24 First Quarter Law Enforcement contract invoices correspond to July – September 2023, while FY 2024-25 First Quarter Law Enforcement contract invoices correspond to July and August 2024. September invoices were paid in October 2024, which will be reflected in the Mid-Year Financial Report.

Cost Allocation increased by approximately $95,000, or 4%, primarily due to increased Information and Technology costs.

Capital Outlay costs decreased by $270,000, or 96%, mainly due to decreased capitalizable facilities costs.

Expenditure Category
First Quarter
2024
First Quarter
2025 Variance ($) Variance (%)
05 - Employee compensation 4,963,883 4,850,724 (113,158) -2% 10 - Employee benefits 2,124,850 2,323,956 199,105 9%
15 - Materials 1,318,427 1,724,239 405,812 31%
20 - Contract services 7,591,224 6,383,722 (1,207,502) -16% 25 - Cost allocation 2,564,414 2,659,645 95,231 4%
30 - Capital outlays 282,142 12,487 (269,654) -96%
31 - Special projects 301,497 81,575 (219,921) -73%
35 - Contingencies - - - 0%
45 - Transfer out 6,457,600 7,349,598 891,998 14%
50 - Other financing uses 38,225 129,249 91,024 238%
Total $ 25,642,260 $ 25,515,195 $ (127,065) 0%
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16 Special Projects decreased by $220,000, or 73%, due to fluctuations in one-time expenditures.

Contingencies remained unchanged from the same time last year.

Transfers Out increased by $892,000, or 14%, due to the reduction of transfers as an expenditure reduction strategy. Interfund transfers are the movement of cash between one or more funds. As part of the Adopted Budget process, transfers from the General Fund to other City funds serve as operating subsidies to ensure each fund has a positive fund balance at the end of the fiscal year.

Other Financing Uses increased by $91,000, or 238%, due to a higher volume of refundable deposit on-call contracts in the Community Development Department contracts for plan reviews and inspections.

Special Revenue Funds
Revenue
Special Revenue Funds revenue is $152,000, or 4%, lower than the same time last year primarily due to a decrease in park dedication fees as shown in the following table.

Comparison of FY 2023-24 and FY 2024-25
Special Revenue Funds First Quarter Revenues
Other Taxes decreased by approximately $0.1 million, or 77%, primarily due to decreased park dedication fees received in the first quarter.

Use of Money and Property decreased by approximately $0.2 million, or 99% due to a decrease in investment earnings. Changes to investment is due to a change in accounting to align with best practices. Balances will continue to flow and are anticipated to end within projections.

Revenue Category
First Quarter
2024
First Quarter
2025 Variance ($) Variance (%)
30 - Other taxes 145,331 33,638 (111,693) -77%
40 - Use of money and property 177,834 2,105 (175,729) -99% 45 - Intergovernmental revenue 542,614 647,056 104,442 19% 50 - Charges for services 61,181 50,845 (10,336) -17%
55 - Fines and forfeitures 156 - (156) -100%
60 - Miscellaneous - 200 200 N/A
65 - Transfers in 2,500,000 2,541,580 41,580 2%
Total $ 3,427,116 $ 3,275,424 $ (151,692) -4%
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17 Intergovernmental Revenue increased by approximately $0.1 million, or 19%, due to a county grant received for homelessness support and increased gas tax and SB1funds received.

Charges for services decreased by approximately $10,000, or 17%, primarily due to revenue received in the prior first quarter period for a traffic impact fee.

Fines and forfeitures remained relatively unchanged from the same time last year.

Transfers In remained relatively unchanged from the same time last year.

Expenditures
Special Revenue Funds expenditures are $0.6 million, or 32%, lower than the same time last year due primarily to decreases in contract services, capital outlays, and special projects offset by an increase in cost allocation as shown in the following table.

Comparison of FY 2023-24 and FY 2024-25 First Quarter Expenditures Special Revenue Funds
Salary remained relatively unchanged from the same time last year. Benefits increased due to higher health insurance and CalPERS' Unfunded Accrued Liability (UAL).

Materials decreased by approximately $5,000, or 7% primarily due to the timing of a BMR program administrator invoice payment offset by an increase in street sign expenditures.

Contract Services decreased by approximately $183,000, or 51%, primarily due to a decrease in street pavement maintenance.

Expenditure Category
First Quarter
2024
First Quarter
2025 Variance ($) Variance (%)
05 - Employee compensation 378,164 352,677 (25,487) -7% 10 - Employee benefits 173,642 192,968 19,326 11%
15 - Materials 71,427 66,666 (4,762) -7%
20 - Contract services 360,866 177,773 (183,093) -51%
25 - Cost allocation 305,154 507,514 202,360 66%
30 - Capital outlays 392,497 48,387 (344,110) -88%
31 - Special projects 309,634 6,635 (303,000) -98%
35 - Contingencies - - - N/A
45 - Transfer out 15,000 15,000 - 0%
Total $ 2,006,384 $ 1,367,618 $ (638,766) -32%
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18 Cost Allocation increased by approximately $200,000, or 66% due to an increase in Human Resources, Finance, and City Manager cost allocations.

Capital Outlays decreased by approximately $344,000, or 88%, due to the Memorial Park Pond Repurposing and the Pumpkin/Fiesta Storm Drain projects, and street pavement maintenance utilizing SB1 funds account in FY2023-24.

Special Projects decreased by approximately $300,000, or 98%, due to a decrease in the Annual Asphalt project and Annual Sidewalk, Curb, & Gutter project as well as a rover camera system purchased in prior year first quarter.

Transfers Out remained relatively unchanged from the same time last year.

Debt Service Funds
Revenue
Debt Service Funds revenue is similar to last year as shown in the following table.

Comparison of FY 2023-24 and FY 2024-25 First Quarter Revenues Debt Service Funds
Expenditures
Debt Service Funds expenditures are the same as last year as shown in the following table.

Comparison of FY 2023-24 and FY 2024-25 First Quarter Expenditures Debt Service Funds
Capital Projects Funds
Revenue
Capital Projects Funds revenue is higher than last year due to increased transfers to fund capital projects from the capital reserve as shown in the following table.

Comparison of FY 2023-24 and FY 2024-25 First Quarter Revenues Revenue Category
First Quarter
2024
First Quarter
2025 Variance ($) Variance (%)
65 - Transfers in 2,677,600 2,676,200 (1,400) 0%
Total $ 2,677,600 $ 2,676,200 $ (1,400) 0%
Expenditure Category
First Quarter
2024
First Quarter
2025 Variance ($) Variance (%)
40 - Debt services - - - N/A
Total $ - $ - $ - N/A
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19 Capital Projects Funds
Expenditures
Capital Projects Funds expenditures increased by $5.8 million, or 176% due to increased transfers from the capital reserve to fund capital projects and increased expenditures for capital projects as shown in the following table.

Comparison of FY 2023-24 and FY 2024-25 First Quarter Expenditures Capital Projects Funds
Enterprise Funds
Revenue
Enterprise Funds revenue remained relatively unchanged from the same time last year as shown in the following table.

Comparison of FY 2023-24 and FY 2024-25 First Quarter Revenues Enterprise Funds
Use of Money and Property decreased by $131,000, or 83%, due to summer tennis court rent received in October in FY 2024-25 while it was received in first quarter last fiscal year and a decrease in Revenue Category
First Quarter
2024
First Quarter
2025 Variance ($) Variance (%)
45 - Intergovernmental revenue 47,700 - (47,700) -100%
50 - Charges for services - - - N/A
65 - Transfers in 2,918,766 7,785,000 4,866,234 167%
Total 2,966,466 7,785,000 4,818,534 162%
Expenditure Category
First Quarter
2024
First Quarter
2025 Variance ($) Variance (%)
20 - Contract services 16,483 - (16,483) -100%
30 - Capital outlays 359,784 532,738 172,954 48%
45 - Transfer out 2,918,766 8,547,580 5,628,814 193%
Total $ 3,295,033 $ 9,080,318 $ 5,785,285 176%
Revenue Category
First Quarter
2024
First Quarter
2025 Variance ($) Variance (%)
40 - Use of money and property 157,623 26,597 (131,025) -83% 45 - Intergovernmental revenue - - - N/A
50 - Charges for services 1,803,704 1,373,150 (430,554) -24% 65 - Transfers in - 514,000 514,000 N/A
Total $ 1,961,327 $ 1,913,747 $ (47,580) -2%
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20 investment earnings. Changes to investment is due to a change in accounting to align with best practices. Balances will continue to flow and are anticipated to end within projections.

Charges for services decreased by $431,000, or 24%, primarily due to decreased revenues from the Sports Center tennis program from a change in the contract agreement where the contractor collects payment directly from the customers.

Transfers In increased by $0.5 million, or 100%, due to increased transfers from the General Fund.

Expenditures
Enterprise Funds expenditures are $186,000, or 10%, lower than the same time last year due primarily to decreases in contract services offset by an increase in cost allocation as shown in the following table.

Comparison of FY 2023-24 and FY 2024-25 First Quarter Expenditures Enterprise Funds
Salary and Benefits increased by approximately $57,000, or 10%, primarily due to higher costs in health insurance and CalPERS' Unfunded Accrued Liability (UAL).

Materials increased by approximately $41,000, or 50%, primarily due to a resource recovery software purchase and food recovery program expense.

Contract Services decreased by approximately $0.5 million, or 47%, primarily due to a decrease in the Sports Center tennis program expense from a change in the contract agreement where the contractor collects payment directly from the customers.

Cost Allocation increased by approximately $160,000, or 68%, primarily due to increased City Manager and Finance CAP charges.

Expenditure Category
First Quarter
2024
First Quarter
2025 Variance ($) Variance (%)
05 - Employee compensation 430,632 445,452 14,819 3%
10 - Employee benefits 132,996 174,719 41,723 31%
15 - Materials 82,088 122,926 40,837 50%
20 - Contract services 1,041,944 550,360 (491,583) -47% 25 - Cost allocation 234,840 394,358 159,518 68%
30 - Capital outlays 13,995 (13,995) - -100%
31 - Special projects 15,556 78,298 62,742 403%
Total $ 1,952,051 $ 1,766,112 $ (185,938) -10%
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21 Capital Outlays decreased by $14,000, or 100%, due to the sports center restroom floor replacement project in FY 2023-24.

Special Projects increased by approximately $63,000, or 403%, due to projects that differ in scope and timing from year to year.

Internal Service Funds
Revenue
Internal Service Funds revenue increased by $1.2 million, or 52%, higher than the same time last year due to increases in transfers in and charges for services as shown in the following table.

Comparison of FY 2023-24 and FY 2024-25 First Quarter Revenues Internal Service Funds
Use of Money and Property decreased by approximately $45,000, or 109% due to a decrease in investment earnings. Changes to investment is due to a change in accounting to align with best practices. Balances will continue to flow and are anticipated to end within projections.

Charges for Services increased by $161,000, or 16%, due to increased I&T CAP.

Transfers In increased by $1.1 million, or 86%, due to increased transfers from the General Fund to the Compensated Absences and Retiree Medical Funds offset by a decreased transfer to Innovation & Technology.

Expenditures
Internal Service Funds expenditures increased by $0.2 million, or 10%, higher than the same time last year due primarily to increases in special projects as shown in the following table.

Revenue Category
First Quarter
2024
First Quarter
2025 Variance ($) Variance (%)
40 - Use of money and property 41,679 (3,711) (45,390) -109% 50 - Charges for services 1,034,415 1,195,727 161,312 16% 65 - Transfers in 1,280,000 2,380,398 1,100,398 86%
Total $ 2,356,094 $ 3,572,414 $ 1,216,320 52%
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22 Comparison of FY 2023-24 and FY 2024-25 First Quarter Expenditures Internal Service Funds
Salary decreased by $61,068, or 14% due to staff vacancies. Benefits increased by $18,409, or 4% due to higher costs in health insurance and CalPERS' Unfunded Accrued Liability (UAL).

Materials decreased by $50,000, or 29%, mainly due to decreases in Innovation & Technology software expenditures.

Contract Services increased by $59,000, or 12%, largely due to increases in Innovation & Technology cybersecurity services.

Cost Allocation increased by $62,000, or 428%, mainly due to IT reimbursement.

Special Projects increased by $139,000, or 486%, due to projects that differ in scope and timing from year to year.

Budget Adjustment Requests
As of the first quarter, departments are requesting budget adjustments to ensure they end the year within budget appropriations. The budget adjustment requests are summarized in the table below.

Expenditure Category
First Quarter
2024
First Quarter
2025 Variance ($) Variance (%)
05 - Employee compensation 432,040 370,972 (61,068) -14% 10 - Employee benefits 502,306 520,715 18,409 4%
15 - Materials 173,587 123,731 (49,856) -29%
20 - Contract services 479,609 538,673 59,065 12%
25 - Cost allocation 14,406 76,115 61,709 428%
31 - Special projects 28,562 167,444 138,882 486%
Total $ 1,630,510 $ 1,797,650 $ 167,140 10%
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23 Administrative Services
Human Resources (100-12-632)
Chief Negotiator
This item was not included as part of the FY 2024-25 Adopted Budget and is required as the City will be negotiating successor labor contracts this fiscal year.

Insurance Administration (100-44-417)
Potential General Liability Settlement Costs
Additional funds are requested in anticipation of potential settlement and litigation costs associated with general liability claims that may arise during this fiscal year.

Administration (100-40-400)
American Sign Language Services
To ensure that there is access to communicate with, receive information from, and convey information to individuals who have communication disabilities when having in-person meetings. The Americans with Disabilities Act (ADA) requires state governments, local governments, and businesses and nonprofit organizations that serve the public to take steps to enable effective communication with people who are deaf or hard of hearing. Prior year costs have been minimal and absorbed within existing appropriations. The city has had to switch vendors due to a lack of available services and the increased costs cannot be funded within appropriations.

Fund Department Revenue Expenditure
Change in
Fund
Balance
Proposal

GENERAL FUND
100 General Fund Admin Services - 50,000 (50,000) Cheif Negotiatior for succesor agreements 100 General Fund Admin Services - 75,000 (75,000) General Liablity potential settlement costs 100 General Fund Admin Services - 10,000 (10,000) American Sign Language Translation Services 100 General Fund Innovation & Technology - 314,998 (314,998) Correctly allocate deleted IT Manager (see reduction in internal service funds)
100 General Fund Public Works - 36,822 (36,822) Purchase of a new bio holding tank 100 General Fund Public Works - 25,000 (25,000) Replace structural column and foundation at materials bunker 100 General Fund Public Works - 24,490 (24,490) Replace leaking fire hydrant at creekside 100 General Fund Public Works - 41,246 (41,246) Purchase of spot cooler and emergency rental costs - 577,556 (577,556)

SPECIAL REVENUE FUNDS
260 Community Development
Block Grant
Community Development - 53,570 (53,570) Develop the 2025-2030 Consolidated Plan - 53,570 (53,570)

INTERNAL SERVICE FUNDS
610 Innovation & Technology Innovation & Technology - (314,998) 314,998 Correcting postion elmination 610 Innovation & Technology Innovation & Technology - 15,000 (15,000) Overtime (299,998) - 299,998
TOTAL ALL FUNDS -$ 331,128 $ $ (331,128)

TOTAL GENERAL FUND

TOTAL SPECIAL REVENUE FUNDS

TOTAL INTERNAL SERVICE FUNDS
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24 Community Development
Community Development Block Grant (CDBG)
Develop the 2025-2030 Consolidated Plan
The City is contracting with Root Policy Research, Inc. to develop the 2025-2030 Consolidated Plan, a mandatory 5-year long-range plan that determines the Cities priorities for federal funding from the Department of Housing and Urban Development, based on emerging housing, economic, and demographic trends and community outreach. All cities who wish to receive federal funding must complete a Consolidated Plan.

Innovation and Technology
Application (100-32-305) and GIS (610-35-986)
In the FY 2024-25 budget, the IT Department planned to reduce one manager position because of an internal promotion. At the time the budget was finalized, the specific position to be reduced had not been identified. Budget staff initially reduced a position within the Applications team, though the actual reduction occurred in GIS. This request reassigns the funds back to the Applications position and removes them from the GIS fund to ensure alignment with the correct budget source.

Infrastructure (610-34-310)
Overtime is incurred from time to time throughout the year to properly support, troubleshoot, and maintain the City's Applications and in house solutions. To minimize the impact on City operational functions, certain workloads are done during business off-hours which may incur overtime work. Overtime has not historically been budgeted but is being added now to reflect estimated costs.

Public Works Department
Environmental Materials (100-85-850)
New Bio Holding Tank
The service center equipment and vehicle wash station bio holding tank has corrosion and significant water leakage. This system is approximately fifteen years old and the tank is at the end of its service life. Funding this request will allow for the purchase of a new epoxy lined bio holding tank and installation.

Service Center Administration (100-83-807)
Replace Structural Column and Foundation at Materials Bunker The steel structural column on the materials bunker at the Service Center needs to be replaced.

The l funding will be used to replace the structural column and foundation. 571
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25 Creekside Parks Maintenance (100-87-837)
Fire Hydrant Replacement
The fire hydrant is leaking from underground at Creekside. This proposal replaces the underground isolation valve, piping, and hydrant. This will ensure that all major underground components are new and will work as intended during emergency and routine maintenance.

Quinlan Community Center Maintenance (100-87-830) and McClellan Ranch Maintenance (100-87-832) Purchase and Rental of Spot Coolers
At the Environmental Education Center at McClellan Ranch (EEC), the radiant heating and cooling system failed, affecting temperature regulation for visitors and housed wildlife.

At Quinlan Community Center, a building chiller went down, disrupting cooling for half of the building, which serves as a cooling station for residents.

During a summer heatwave, multiple building cooling systems failed, leading to the rental of spot coolers to maintain acceptable temperatures. After assessing the situation, it was deemed more fiscally responsible to purchase eight spot coolers rather than continue with rentals.

Request includes costs of rental to date ($5,348) and the purchase of multiple building cooling systems ($35,898).

The chiller at Quinlan Community Center will be repaired using existing budget allocation in the Capital Improvement Plan for Facilities Condition Assessments.

Fund Balance
The General Fund’s estimated ending fund balance, unaudited for FY 2023-24 is $163.5 million.

An increase from estimated year end fund balance from FY 2024-25 Final Budget and the October 15, 2024, uncommitting of sales tax repayment reserve council item of $12.8 million. This increase is primarily due to the prior year ending with expenditure savings that outpaced revenue decreases. Expenditures savings were primarily because of salary and contract savings along with increased revenues.

As of first quarter, staff anticipates the General Fund will end FY 2024-25 with $166 million in fund balance. It’s important to note that the only portion available for use, according to City policy, is unassigned funds. Committed funds, are set aside for specific purposes determined by City Council resolution. Restricted funds, such as the Section 115 Pension Trust, are allocated for specific purposes stipulated by external resource providers. Assigned funds are reserved for encumbrances. Of the total fund balance, $96.2 million is unassigned and available to be used.

Options for allocating those unassigned funds will be presented to City Council for their consideration this evening.
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26 Approximately $10.7 million of unassigned fund balance is attributed to Vallco Town Center plan check and building inspection revenues that were carried over. These revenues will continue to be carried over each year until the services are rendered, and the revenues are recognized.

On October 10, 2023, the City established a committed Sales Tax Repayment Reserve with an initial allocation of $56.5 million. This reserve is designed to address a potential adverse CDTFA decision and the uncertain outcome of the anticipated legal challenge. This reserve was later increased to $74.5 million to account for revenue through the end of FY 2023-24. These funds were uncommitted in October 2024 after the City settled with the CDTFA. Allocation options for these dollars will be heard later this evening as part of the One-Time Funds Allocation Plan.

Committed fund balance, as described on page 165 of the FY 2023-24 and FY 2024-25 Adopted Budgets, “include amounts that can only be used for the specific purposes determined by formal action of the City’s highest level of decision-making authority, the City Council. Commitments may be changed or lifted only by the City taking the same formal action (resolution) that imposed the constraint originally.”
General Fund Classification of Fund Balance ($ in millions) To date, the City’s external auditors have not completed their review of the City’s financials.

Revenue, expenditure, and fund balance totals listed in this report are preliminary and subject to change after a full review by the City’s auditors. City Staff does not anticipate many, if any, changes to these figures.

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

1. Economic Uncertainty Reserve

2. CalPERS Reserve (Section 115 Pension Trust)

3. Sustainability Reserve

4. Unassigned
Classification
Actual
2022-23
Year End Projection
2023-24
Adopted Budget
2024-25
1st Quarter Year
End Projection
2024-25
Non Spendable $ 0.9 $ 0.9 $ 0.4 $ 0.9
Restricted 20.7 20.7 20.7 20.7
Committed 34.1 108.6 99.0 31.1
Assigned 9.7 4.7 7.0 7.0
Unassigned 73.1 28.5 23.6 106.2
TOTAL FUND BALANCE $ 138.6 $ 163.5 $ 150.8 $ 166.0
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27 As of first-quarter, all priority areas are fully funded.

Staffing
As of September 30, 2024, the FY 2024-25 Amended Budget includes a total of 207 full-time equivalent (FTE) positions. No additional full-time equivalent are requested as part of this First Quarter Financial Report; however, the One-Time Funds Allocation Plan item that will be heard at this meeting will request one new limited term position along with three new classifications that will not result in additional full-time equivalent positions.

City Manager Discretionary Fund
In the FY 2024-25 Adopted Budget, City Council approved $50,000 in funding for the City Manager Discretionary Fund. The quarterly financial reports will detail the City Manager’s use of the discretionary fund and may include recommendations to replenish depending on the extent and nature of use. As of September 30, 2024, the City Manager’s Discretionary Fund has not been used. However, it is anticipated one-time costs for an encampment cleanup at Lawrence Mitty Park will utilize these funds. Unhoused expenses have historically been funded in the City Manager's Office, however as part of Fiscal Year 2025-26 Proposed Budget, staff will recommend creating a budget for unhoused activities for transparency and tracking.

There is also non-general fund dollars to cover dump truck and dump fees in resources recovery. The estimated expense in the City Manager contingency fund is $12,892.

Carryovers and Budget Adjustments
The quarterly financial reports provide details on carryovers and budget adjustments.

Encumbrances are outstanding commitments tied to unfilled purchase orders or contracts, which are rolled over to the following fiscal year until those obligations are fulfilled or terminated.

Budget carryovers are unencumbered funds for unfinished projects carried over to the following fiscal year to be spent for the same purpose for which they were approved. Budget adjustments are amendments to the budget that are approved by Council via resolution. The amended budget is the adopted budget, plus encumbrances, budget carryovers, and Council-approved budget adjustments. See Attachment C for details on carryovers and budget adjustments.

Special Projects
The quarterly financial reports provide a status update on special projects including the budget, amount spent, and estimated completion date. Special projects are operational projects, often onetime, that are budgeted in separate accounts for transparency and ease of tracking. If a special project is not completed by the end of a fiscal year, staff may request a carryover to the subsequent fiscal year. Fixed assets have been removed from the list as they are not one-time special projects but the purchase of a fixed asset. Fixed assets are generally items over $5,000 with a useful life of over 5 years or more. Similarly, the Tree Badges was removed from the list as it is now an ongoing operational item. See Attachments F & G.
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28 Grants
The City entered into a contract with California Consulting in February 2019 to identify and apply for State and Federal grants on behalf of the City. The contract originated in Public Works and was transferred to Administrative Services in FY 2022-23. The goals of this pilot program were to centralize the grant function and to maximize grant opportunities. However, as part of a Citywide budget reduction strategy, the contract with California Consulting ended on June 30, 2023. With the elimination of this contract, departments are now responsible for identifying and applying for grants.

Staff provides updates on the status of grants as part of the quarterly financial reports.

Throughout FY 2015-16 through FY 2024-25, the City applied for 43 competitive grants totaling $54.5 million. To date, the City has been awarded $32.4 million. Also, during FY 2021-22 through FY 2024-25 the City applied for 26 non-competitive grants totaling $4.6 million. Due to the guaranteed funding each year, the Santa Clara County Permanent Local Housing Allocation (PLHA) Consortium grants have been moved from the competitive tracking list to the noncompetitive tracking list.

As part of the remainder of the quarterly reporting on grants, staff will provide updates only on active grants and any completed projects for which funding is yet to be received. Active grants are grants that have not been fully closed out with the granting agency.

See Attachment H for further details on grants applied, pending, awarded, and not awarded.

Capital Improvement Program
The quarterly financial reports provide a revised estimate and update on Capital Improvement Program (CIP) projects. See Attachment I for further details.

Sustainability Impact
No sustainability impact.

Fiscal Impact
The First Quarter Financial Report shows the City is positioned as anticipated. City staff recommends adjustments of $331,128 in new appropriations, funded by one-time unassigned fund balance. Additional adjustments are being requested in the One-Time Allocation Plan item to be heard later this evening. The City will continue to monitor its revenue and expenditure trends closely to ensure it remains on track toward achieving its budgetary goals and objectives.

California Environmental Quality Act
Not applicable.
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29 City Work Program (CWP) Item:

Not a CWP item.

CWP Item Description:

Not Applicable.

Council Goal:

Sustainability and Fiscal Strategy
Prepared by: Toni Oasay-Anderson, Senior Management Analyst Janet Liang, Senior Management Analyst
Reviewed by: Kristina Alfaro, Director of Administrative Services Approved for Submission by: Tina Kapoor, Acting City Manager Attachments:

A – Fiscal Year 2024-25 First Quarter Financial Report
B – Draft Resolution
C – Description of Carryovers and Adjustments as of September 30, 2024 D – Description of Budget Transfers as of September 30, 2024 E – First Quarter Recommended Budget Adjustments
F – FY 2023-24 Special Projects Update
G – FY 2024-25 First Quarter Special Projects Update as of September 30, 2024 H – Competitive and Non-Competitive Citywide Grants Tracking I – FY 2024-25 First Quarter CIP Project Status
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This Financial Report is interactive. Click on a chart to learn more.

Background
On June 4, 2024, the City Council adopted the FY 2024-25 Adopted Budget, a $146.6 million spending plan funded by $139.3 million in revenue and $7.3 million in fund balance. The adopted budget reflected a $102,805 increase from the proposed budget. As a result of these budget adjustments, encumbrances, and carryovers, the amended budget at the end of the first quarter is $217.4 million, funded with $175.0 million in revenue and $42.4 million in fund balance.

Amended Budget
2023-24 Adopted Budget2023-24 Amended Budget Q12023-24 Amended Budget Q22023-24 Amended Budget Q32023-24 Amended Budget Q42024-25 Adopted Budget2024-25 Amended Budget Q1 Fiscal Year

0.0 50.0M
100.0M
150.0M
200.0M
Dollars
Public Works
Capital Projects
Community Development
Law Enforcement
Non Departmental
Parks and Recreation
Administrative Services
Innovation & Technology
Administration
Council and Commissions
Description pending

CITY OF CUPERTINO
FY 2024-25 First Quarter Financial Report
The following is the First Quarter Financial Report, submitted by the Administrative Services Department for the period of July 1, 2024 to September 30, 2024 for Fiscal Year (FY) 2024-25. It has been prepared to inform the City Council, City leadership and the public of the City’s fiscal status.

Attachment A
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Flow of Funds Chart ($ in Millions)
General Fund Revenues, Expenditures, and Fund Balance
To date the City’s financial statement audit has yet to be issued and revenue, expenditure, and fund balance totals listed in this report are preliminary and subject to change after a full review by the City’s auditors. City staff does not anticipate many if any changes from the auditors. -$14,289,446.31
Revenues Less Expenses in Sep 2024
-$20M
-$15M
-$10M
-$5M
$0
Sep 2020 Sep 2022 Sep 2024
$27,538,980.23
Revenues Less Expenses in Jun 2024
$0
$5M
$10M
$15M
$20M
$25M
$30M
Jun 2021 Jun 2022 Jun 2023 Jun 2024
General Fund Revenues vs Expenditures First Quarter General Fund Revenues vs Expenses Year End 578
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Revenues vs. Expenditures
June
2020-21 Actual
September
2021-22 Actual
2021-22 Amended Budget Q1June
2022-23 Actual
September
2023-24 Actual
2023-24 Amended Budget Q12024-25 Amended Budg Q1
Fiscal Year

0.0 100.0M

25.0M

50.0M

75.0M
125.0M
Dollars
Revenues
Expenses
General Fund Revenue and Expenditure Trends
As of September 30, 2024, General Fund revenues are at $11.5 million, which is 9% of budgeted revenue.

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

General Fund expenditures are $25.5 million, which is 21% of budgeted appropriations. Expenditures at the first quarter point of the prior three years ranged between 23% and 27% of budgeted appropriations which places current first quarter actuals within the range.

General Fund Revenues - First Quarter vs Budget
Data Updated Nov 13, 2024, 11:35 AM
9/2020 9/2021 9/2022 9/2023 9/2024

9.20%
In Revenues of $122,062,969.00 Budgeted through Sep 2024 General Fund Expenses - First Quarter vs Budget
Data Updated Nov 13, 2024, 11:35 AM
9/2020 9/2021 9/2022 9/2023 9/2024

21.42%
In Expenses of $119,145,337.00 Budgeted through Sep 2024 579
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As of the first quarter, overall revenue is $11.5 million, which is $7.1 million, or 70%, lower than the same time last year. This is primarily due to decreases in sales tax, intergovernmental, and use of money and property.

As of first quarter, overall expenditures are $25.5 million, which is $127,065, or 0%, lower than the same time last year. This is primarily due to decreases in contract services. $11,225,748.85
Revenues in Sep 2024
$0
$20M
$40M
$60M
$80M
$100M
$120M
Sep 2020 Sep 2021 Sep 2022 Sep 2023 Sep 2024
$25,515,195.16
Expenses in Sep 2024
$0
$20M
$40M
$60M
$80M
$100M
Sep 2020 Sep 2021 Sep 2022 Sep 2023 Sep 2024
$11,225,748.82
Revenues in Sep 2024
Charges for ...

Sales Tax
Other
Utility Tax
Other Financ...

Licenses and...
$25,515,195.16
Expenses in Sep 2024
Transfers Ou...

Contract Ser...

Other
Employee Ben...

Cost Allocat...

Employee Com...

General Fund Classification of Fund Balance
The General Fund’s estimated ending fund balance, unaudited for FY 2023-24 is $163.5 million. An increase from estimated year end fund balance from FY 2024-25 Final Budget and the October 15, 2024 uncommitting of sales tax repayment reserve council item of $12.8 million. This increase is primarily due to the prior year ending with expenditure savings that outpaced revenue decreases. Expenditures savings were primarily as a result of salary and contract savings along with increased revenues.

General Fund Revenues - First Quarter vs Year End General Fund Expenses - First Quarter vs Year End General Fund Revenues by Type General Fund Expenses by Type 580
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To date, the City’s outside auditors have not completed their review of the City’s financials. Revenue, expenditure, and fund balance totals listed in this report are preliminary and subject to change after a full review by the City’s auditors. City Staff does not anticipate many, if any, changes from the auditors.

Recommended Adjustments
As of the first quarter, Departments are requesting budget adjustments to ensure they end the year within budget appropriations. The recommended adjustments are summarized in the table below:

Summary
The First Quarter Financial Report shows the City is positioned as anticipated. City staff recommends adjustments of $331,128 in new appropriations, funded by unassigned fund balance. 581
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City of Cupertino, California
Cupertino City Hall
10300 Torre Avenue
Cupertino, CA 95014-3202
View the City Council Meeting Agenda
View the City's Budgets
View the City's Financial Transparency Portal
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Attachment B
RESOLUTION NO. 24-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING THE OPERATING BUDGET FOR FISCAL YEAR 2024-25 BY

APPROPRIATING, TRANSFERRING, AND UNAPPROPRIATINGMONIES

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

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

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of November 2024, by the following vote:

Vote Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Sheila Mohan, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
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Attachment B
Exhibit A
Appropriation
Amendment by Fund
Appropriation
Amendment
Revenue
Amendment
Fund Balance
(Use of)
General Fund $577,556 $- $(577,556)
Special Revenue Funds $53,570 $- $(53,570)
Capital Projects Funds $- $- $-
Enterprise Funds $- $- $-
Internal Service Funds $(299,998) $- $299,998
Total Appropriation
Amendment All Funds $331,128 $- $(331,128)
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Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers as of September 30, 2024
Attachment C
Budget Adjustment Type Fund Description AmountBUDGET CARRYOVERS Budget Carryover 100 General Fund 4H sprinkler replacement 9,571 Budget Carryover 100 General Fund 5 benches 9,000
Budget Carryover 100 General Fund ACCELA and Project Dox trainings 10,000 Budget Carryover 100 General Fund AV and Current Control Room Support 16,840 Budget Carryover 100 General Fund Backflow device Lincoln elementary 3,900 Budget Carryover 100 General Fund Baker Tilly BT2811892 ph1 last invoice ‐4,450 Budget Carryover 100 General Fund Banner replacement 4,073 Budget Carryover 100 General Fund Banner replacement/outreach mailers 4,038 Budget Carryover 100 General Fund Business attraction and Retention 20,000 Budget Carryover 100 General Fund CA Volunteers N2N 56,781 Budget Carryover 100 General Fund CAPIO for 1 staff 1,000 Budget Carryover 100 General Fund ChatBot one year pilot 25,000 Budget Carryover 100 General Fund Citywide facility remodel/reconfiguration 61,416 Budget Carryover 100 General Fund Climate AP Vision Summary Doc 10,000 Budget Carryover 100 General Fund Community Survey 57,928Budget Carryover 100 General Fund Contract services 6,855 Budget Carryover 100 General Fund Cover bank charges 10,008Budget Carryover 100 General Fund Crossing guard services ongoing 16,542 Budget Carryover 100 General Fund CSTI and Bay Area UASI 24,600 Budget Carryover 100 General Fund CWP bicycle facilities in progress 50,000 Budget Carryover 100 General Fund CWP Electrification Study 9,999 Budget Carryover 100 General Fund CWP License Plate Readers 60,000 Budget Carryover 100 General Fund CWP Public Safety Res/comm areas 10,000 Budget Carryover 100 General Fund CWP Revisit 5G in progress 250,000 Budget Carryover 100 General Fund CWP tree list 110,000 Budget Carryover 100 General Fund Design work and Ad Placement 2,200 Budget Carryover 100 General Fund Don Burnett Bridge inspection/median repairs 315,705 Budget Carryover 100 General Fund Donated funds plus program expansion 7,868 Budget Carryover 100 General Fund ED data sets/Start Up Space 11,000 Budget Carryover 100 General Fund Electric cooking workshop 6,400 Budget Carryover 100 General Fund Emerald ash borer treatment 30,000 Budget Carryover 100 General Fund EMPG/Encampment Abatement 15,000Budget Carryover 100 General Fund Energy System one year pilot 45,000 Budget Carryover 100 General Fund Executive Recruitment 35,000 Budget Carryover 100 General Fund Fence replacement 21,293 Budget Carryover 100 General Fund Foothill De‐Anza Student Internship Program 120,618 Budget Carryover 100 General Fund FY24 Avocette June Invoice 2407CU1 ‐7,605 Budget Carryover 100 General Fund General Plan 239,805
Budget Carryover 100 General Fund General supplies FY25 delivery 1,346 585
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Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers as of September 30, 2024
Attachment C
Budget Adjustment Type Fund Description AmountBudget Carryover 100 General Fund Glass replacement in progress 8,338 Budget Carryover 100 General Fund Irrigation controller settlement in progress 103,785 Budget Carryover 100 General Fund Kitchen HVAC unit replacement 121,675 Budget Carryover 100 General Fund Laserfiche Planning Map Scanning 726Budget Carryover 100 General Fund lead free back flow devices 12,500 Budget Carryover 100 General Fund Library HVAC ventilation 42,800 Budget Carryover 100 General Fund LOS to VMT standards in progress 60 Budget Carryover 100 General Fund Marina Plaza 23,317
Budget Carryover 100 General Fund Moss Adams Citywide policy review 13,000 Budget Carryover 100 General Fund MRC Rise 2,194
Budget Carryover 100 General Fund Muni Water system in progress 5,811 Budget Carryover 100 General Fund Native Digital 77,400Budget Carryover 100 General Fund New staff membership/dues 7,302 Budget Carryover 100 General Fund New staff training 35,984 Budget Carryover 100 General Fund NHSA/CESA conference 1 staff 1,730 Budget Carryover 100 General Fund Office supplies FY25 delivery 130 Budget Carryover 100 General Fund Paused training to resume FY25 4,705 Budget Carryover 100 General Fund Pedestrian education & bike safety 47,015 Budget Carryover 100 General Fund PT Comm/Branding consultant 115,000 Budget Carryover 100 General Fund QCC Conference room chairs 2,350 Budget Carryover 100 General Fund Real estate appraisal/Shawn Spano 32,000 Budget Carryover 100 General Fund Regional Emergency Operations project 500,000 Budget Carryover 100 General Fund Replace battery back up units 93,382 Budget Carryover 100 General Fund Residential/Mixed Use Design 194,922 Budget Carryover 100 General Fund Santa Clara Valley Water agreement 23,631 Budget Carryover 100 General Fund SC Corridor Vision study 154,079 Budget Carryover 100 General Fund Security project in progress 77,174 Budget Carryover 100 General Fund Senior Center improvements 32,675 Budget Carryover 100 General Fund Senior Center improvements/Wilson park projector 8,289 Budget Carryover 100 General Fund Shade structure replacement 65,630 Budget Carryover 100 General Fund Small Business Saturday event 796 Budget Carryover 100 General Fund Small to Medium business resillency 310,487 Budget Carryover 100 General Fund Staff training 2,843Budget Carryover 100 General Fund Stay Active Fund 49,086 Budget Carryover 100 General Fund SVC center security project in progress 2,015 Budget Carryover 100 General Fund Swag/Crest expenses 8,900 Budget Carryover 100 General Fund The Hamptons 108,640
Budget Carryover 100 General Fund Trees and badges 5,000 Budget Carryover 100 General Fund Tylerʹs New World functionality 34,985 Budget Carryover 100 General Fund Uniform FY25 delivery 2,801 586
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Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers as of September 30, 2024
Attachment C
Budget Adjustment Type Fund Description AmountBudget Carryover 100 General Fund Vallco SB35/Rise 109,207Budget Carryover 100 General Fund Via Community Shuttle 322,107Budget Carryover 100 General Fund VTC 18,906,634 Budget Carryover 100 General Fund VTC in progress 764,777 Budget Carryover 100 General Fund Wavelength/Capitol Track 2,148 Budget Carryover 100 General Fund Westport 55,339
Budget Carryover 100 General Fund Window replacement 101,206 TOTAL GENERAL FUNDS 24,271,306
Budget Carryover 210 Storm Drain Improvement Pumpkin/Fiesta project in progress 54,239 Budget Carryover 230 Env Mgmt Cln Crk Strm Drain Outfall repairs in progress 428,312 Budget Carryover 230 Env Mgmt Cln Crk Strm Drain Rainwater Capture ongoing 12,500 Budget Carryover 230 Env Mgmt Cln Crk Strm Drain Street Sweeping Contract new RFP rate increase 145,372 Budget Carryover 265 BMR Housing Develop ELI Housing 235,296 Budget Carryover 270 Transportation Fund Annual Asphalt in progress 5,496,157 Budget Carryover 270 Transportation Fund Annual SW Curb & Gutter in progress 1,488,374 Budget Carryover 270 Transportation Fund Bridge Rehab Minor in progress 452,760 Budget Carryover 270 Transportation Fund Crack seal & fog seal in progress 81,579 Budget Carryover 270 Transportation Fund McClellan Rd Separated Bike Ph3 163,686 Budget Carryover 270 Transportation Fund SB1 funded work in progress 827,253 Budget Carryover 270 Transportation Fund Sidewalk inspections in progress 89,972 Budget Carryover 270 Transportation Fund Sign survey in progress 30,000 Budget Carryover 280 Park Dedication Lawrence‐Mitty Park 5,940,456 TOTAL SPECIAL REVENUE FUNDS 15,445,956
Budget Carryover 420 Capital Improvement Fund ADA Improvements 91,990 Budget Carryover 420 Capital Improvement Fund BBF Pool Improvements 60,169 Budget Carryover 420 Capital Improvement Fund Bike Plan Implementation 7,650,654 Budget Carryover 420 Capital Improvement Fund City Hall & Community Hall Improvements 378,036 Budget Carryover 420 Capital Improvement Fund City Hall Annex (formerly 10455 Torre) 1,901,522 Budget Carryover 420 Capital Improvement Fund City Lighting LED transition 1,170,123 Budget Carryover 420 Capital Improvement Fund CWP Bldg Condition assessment 1,848,748 Budget Carryover 420 Capital Improvement Fund EV Parking Expansion 208,000 Budget Carryover 420 Capital Improvement Fund Inclusive Play Area Planning 4,318,340 Budget Carryover 420 Capital Improvement Fund Library expansion 393,310 Budget Carryover 420 Capital Improvement Fund McClellan Ranch West Parking Lot 1,611 Budget Carryover 420 Capital Improvement Fund Playground Equipment 613,755 Budget Carryover 420 Capital Improvement Fund Regnart Rd improvements 92,202 Budget Carryover 420 Capital Improvement Fund SCB/Bandley Signal & Median 142,208Budget Carryover 420 Capital Improvement Fund School Walk Audit Implementation 939,405 587
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Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers as of September 30, 2024
Attachment C
Budget Adjustment Type Fund Description AmountBudget Carryover 420 Capital Improvement Fund SLTG/280 Ped Bridge Lighting (dev in lieu) 46,449 Budget Carryover 420 Capital Improvement Fund St Light Install ‐ Annual Infill 106,805 Budget Carryover 420 Capital Improvement Fund St Light Replacement CW (labor) 99,330 Budget Carryover 420 Capital Improvement Fund Stevens Creek Bridge Repair 172,000 Budget Carryover 420 Capital Improvement Fund Varuous Park Amenities 443,760 TOTAL CAPITAL PROJECT FUNDS 20,678,417
Budget Carryover 520 Resource Recovery Grant expenditure 38,492 Budget Carryover 520 Resource Recovery HHW and Paintcare 45,277 Budget Carryover 520 Resource Recovery New Landfill agmt/solid waste in progress 85,738 Budget Carryover 520 Resource Recovery New staff training 3,493 Budget Carryover 520 Resource Recovery overlapping FY payments/new staff 1,513 Budget Carryover 520 Resource Recovery SB1383 Procurement requirements in progress 205,653 Budget Carryover 520 Resource Recovery Single Use Plastics in progress 3,986 Budget Carryover 520 Resource Recovery Single Use Plastics Ordinance 15,558 Budget Carryover 560 Blackberry Farm Cover bank charges 8,149 Budget Carryover 570 Sports Center Cover bank charges 20,000Budget Carryover 570 Sports Center HVAC repair and Raquetball court in progress 43,705 Budget Carryover 570 Sports Center Roof Hatch replacement 20,081 Budget Carryover 580 Recreation Program Cover bank charges 30,000Budget Carryover 580 Recreation Program general supplies FY25 delivery 715 TOTAL ENTERPRISE FUNDS 522,360
Budget Carryover 610 Innovation & Technology Advanced Traffic Management System (ATMS) 20,000 Budget Carryover 610 Innovation & Technology Infrastructure staff travel Disaster Recovery Phoenix 11,239 Budget Carryover 610 Innovation & Technology LaserFiche WORM (write once read many) 109,928 Budget Carryover 630 Vehicle/Equip Replacement Shop repair in progress 10,000 TOTAL INTERNAL SERVICE FUNDS 151,167
TOTAL BUDGET CARRYOVERS 61,069,206
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Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers as of September 30, 2024
Attachment C
Budget Adjustment Type Fund Description AmountCOUNCIL ACTIONSCouncil Action 100 General Fund Council approved increasing crossing guard service contract 78,707 Council Action 270 Transportation Fund Bridge Preventative Maintenance Program Construction Contract 300,000 Council Action 429 Capital Reserve Bridge Preventative Maintenance Program Construction Contract 300,000 TOTAL CAPITAL PROJECT FUNDS 678,707
TOTAL COUNCIL ACTIONS 678,707
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Detailed Budget Carryovers, Council-approved Adjustments, and Encumbrance Carryovers as of September 30, 2024
Attachment C
Budget Adjustment Type Fund Description AmountENCUMBRANCE CARRYOVERS Encumbrance Carryover 100 General Fund PO 2023‐556 Nomad Transit Via July 24 274,010 Encumbrance Carryover 100 General Fund PO 2024‐255 Rincon GHG emissions 2,974 Encumbrance Carryover 100 General Fund PO 2024‐468 West Coast Arborists JFK MS Removal 575 Encumbrance Carryover 100 General Fund PO 2024‐487 West Coast Arborists Portal Park tree removal 9,200 Encumbrance Carryover 100 General Fund PO 2024‐498 A&D Svc center gate antenna 2,308 Encumbrance Carryover 100 General Fund Year End Soft Close 4,464,463 TOTAL GENERAL FUNDS 4,753,530
Encumbrance Carryover 230 Env Mgmt Cln Crk Strm Drain PO 2023‐491 V&A storm drain outfall assessment Jul24 14,130 Encumbrance Carryover 230 Env Mgmt Cln Crk Strm Drain Year End Soft Close 89,056 Encumbrance Carryover 265 BMR Housing Year End Soft Close 3,005 Encumbrance Carryover 270 Transportation Fund Redgwick 5, 4625 PO2024‐277 Jun24 Mods (542,967) Encumbrance Carryover 270 Transportation Fund Year End Soft Close 1,321,832 TOTAL SPECIAL REVENUE FUNDS 885,056
Encumbrance Carryover 420 Capital Improvement Fund 4Leaf J3872‐0512 PO 2024‐297 Regnart Rd Jun24 (24,501) Encumbrance Carryover 420 Capital Improvement Fund 4Leaf J3872‐0512 PO 2024‐297 Regnart Rd Jun24_reverse JE4460 24,501 Encumbrance Carryover 420 Capital Improvement Fund Richard Yau 2406 PO 2024‐512 Jun24 MA 2022‐002 (13,940) Encumbrance Carryover 420 Capital Improvement Fund Starbird 0253 PO 2024‐12 Regnart Rd thru 063024 (6,288) Encumbrance Carryover 420 Capital Improvement Fund Year End Soft Close 2,468,183 Encumbrance Carryover 427 Stevens Creek Corridor Park Year End Soft Close 1,899 TOTAL CAPITAL PROJECT FUNDS 2,449,854
Encumbrance Carryover 520 Resource Recovery Year End Soft Close 44,640 Encumbrance Carryover 570 Sports Center Year End Soft Close 10,756 TOTAL ENTERPRISE FUNDS 55,396
Encumbrance Carryover 610 Innovation & Technology Year End Soft Close 288,405 Encumbrance Carryover 630 Vehicle/Equip Replacement Year End Soft Close 548,618 TOTAL INTERNAL SERVICE FUNDS 837,023
TOTAL ENCUMBRANCE CARRYOVERS 8,980,859
BUDGET CARRYOVER, COUNCIL APPROVED ADJUSTMENT, AND ENCUMBRANCE CARRYOVER TOTAL 70,728,772 FY 2024‐25 ADOPTED BUDGET 146,646,493
FY 2023‐24 AMENDED BUDGET AS OF SEPTEMBER 30, 2024 217,375,265 $ 590
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Budget Transfers as of September 30, 2024 Attachment D
GL Account Description Amount
100‐74‐202 500‐501 ‐ Employee Compensation Salaries Full Time code enforcement abatement (20,000) 100‐74‐202 700‐702 ‐ Contract Services General Service Agreement code enforcement abatement 20,000 ‐
100‐74‐202 700‐702 ‐ Contract Services General Service Agreement Transfer $20k from Contract Services to new Abatement account (20,000) 100‐74‐716 700‐702 ‐ Contract Services General Service Agreement Transfer $20k from Contract Services to new Abatement account 20,000 ‐
100‐31‐305 700‐702 ‐ Contract Services General Service Agreement Funds for Applications Intern III (25,303) 100‐32‐308 500‐502 ‐ Employee Compensation Salaries Part Time Funds for Applications Intern III 24,626 100‐32‐308 501‐501 ‐ Employee Benefits PT Medicare Funds for Applications Intern III 357100‐32‐308 501‐520 ‐ Employee Benefits PT PERS Funds for Applications Intern III 320 ‐
100‐31‐305 700‐702 ‐ Contract Services General Service Agreement Funds for Citywide Interns (95,315) 100‐44‐412 500‐502 ‐ Employee Compensation Salaries Part Time Funds for Citywide Interns 95,315 TOTAL ‐
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FY 2024‐25 First Quarter
Recommended Budget Adjustments
Attachment E
11/19/2024 10044412700702       50,000 Chief Negotiator for successor agreements 11/19/2024 10044417700704       75,000 General Liablity potential settlement costs 11/19/2024 10044412700702       10,000 American Sign Language Translation Services 11/19/2024
10032308500501
212,157
Correctly allocate deleted IT Manager (see reduction in internal service funds)
11/19/2024
10032308501500
64,326
Correctly allocate deleted IT Manager (see reduction in internal service funds)
11/19/2024
10032308501505
31,868
Correctly allocate deleted IT Manager (see reduction in internal service funds)
11/19/2024
10032308501506
1,521
Correctly allocate deleted IT Manager (see reduction in internal service funds)
11/19/2024
10032308501511
179
Correctly allocate deleted IT Manager (see reduction in internal service funds)
11/19/2024
10032308501508
720
Correctly allocate deleted IT Manager (see reduction in internal service funds)
11/19/2024
10032308501509
622
Correctly allocate deleted IT Manager (see reduction in internal service funds)
11/19/2024
10032308501502
29 Correctly allocate deleted IT Manager (see reduction in internal service funds)
11/19/2024
10032308501513
500
Correctly allocate deleted IT Manager (see reduction in internal service funds)
11/19/2024
10032308501507
3,076
Correctly allocate deleted IT Manager (see reduction in internal service funds)
11/19/2024 10083850900905       36,822 Purchase of a new bio holding tank 11/19/2024 10083807700702       25,000 Replace structural column and foundation at materials bunker 11/19/2024 10087837900905       24,490 Replace leaking fire hydrant at Creekside 11/19/2024 10087830600608       35,898 QCC Spot Coolers Purchase 11/19/2024 10087830700702         4,011 QCC Move and Cool Rentals 11/19/2024 10087832700702         1,337 EEC Move and Cools Rentals 11/19/2024 26072707700702       53,570 Develop the 2025‐2030 Consolidated Plan 11/19/2024 61035986500501   (212,157) Correcting position elimination 11/19/2024 61035986501500 (64,326)      Correcting position elimination 11/19/2024 61035986501505 (31,868)      Correcting position elimination 11/19/2024 61035986501506 (1,521)        Correcting position elimination 11/19/2024 61035986501511 (179)           Correcting position elimination 11/19/2024 61035986501508 (720)           Correcting position elimination 11/19/2024 61035986501509 (622)           Correcting position elimination 11/19/2024 61035986501502 (29)             Correcting position elimination 11/19/2024 61035986501513 (500)           Correcting position elimination 11/19/2024 61035986501507 (3,076)        Correcting position elimination 11/19/2024 61034310500505 15,000        IT Overtime
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FY 2023-24 Special Projects Attachment F
Function Program Base And Detail Account With Detail
Description
Full Org Set Code And Description Amended
Budget
Actual Amount Encumbrance Status Estimated
Completion
Notes (e.g., carried over to next fiscal
year)
Administration 120 City Manager 750.239 ‐ PR & Strategic Comm Strategy 100‐12‐120 ‐  General Fund‐City Manager‐ City Manager
38,900 38,415                                         ‐ In Progress 6/30/2026 Funds carried over into FY25 Administration 632 Comm Outreach & Neigh
Watch
750.056 ‐ Neighborhood Engagement 100‐12‐632 ‐  General Fund‐City Manager‐ Comm Outreach & Neigh Watch
7,624 7,623                                         ‐ In Progress 10/2024 Funds carried over into FY25 Administration 705 Economic Development 750.103 ‐ CWP Regulate Diversified Retail 100‐12‐705 ‐  General Fund‐City Manager‐ Economic Development
5,000                                    ‐                                         ‐ Pending Recommended Service Level Reduction (Potential Cancellation of this item)
Administration 705 Economic Development 750.230 ‐ Business Continuity Resilience 100‐12‐705 ‐  General Fund‐City Manager‐ Economic Development
174,513 174,512 (0) In Progress 7/2024
Administrativeservices
405 Accounting 750.189 ‐ Fee Study 100‐41‐405 ‐  General Fund‐Finance‐ Accounting
70,800 47,300                                         ‐ Completed 2/2024 Project came in under budget Administrativeservices
426 Budgeting 750.217 ‐ CWP Analyze Potential Rev
Measrs
100‐41‐426 ‐  General Fund‐Finance‐
Budgeting
20,000 20,000                                         ‐ Completed 2/2024 Communitydevelopment
700 Community DevelopmentAdmin
750.104 ‐ CWP Homeless Jobs Program 100‐70‐700 ‐  General Fund‐Planning & Community Development‐Community
Development Admin
176,935 136,895 (0) In Progress 6/30/2024 For FY 2023‐24, the Homeless Jobs Program did not receive funding in the
CWP, but was allowed to continue
operating with leftover funds from prior
years. It is on the list to be reconsidered for
the FY 2024‐25 CWP, and wasrecommended to be continued by theHousing Commission in their CWPrecommendations.

Communitydevelopment
701 Current Planning 750.007 ‐ The Hamptons 100‐71‐701 ‐  General Fund‐Planning‐ Current Planning
‐                                    ‐                                         ‐ Not Started Funds carried over into FY25 Communitydevelopment
701 Current Planning 750.009 ‐ Marina Plaza 100‐71‐701 ‐  General Fund‐Planning‐ Current Planning
‐                                    ‐                                         ‐ In Progress ongoing Funds carried over into FY25 Communitydevelopment
701 Current Planning 750.029 ‐ Vallco SB35/Rise 100‐71‐701 ‐  General Fund‐Planning‐ Current Planning
79,473 79,473                                         ‐ In Progress Funds carried over into FY25 Communitydevelopment
702 Mid Long Term Planning 750.032 ‐ General Plan 100‐71‐702 ‐  General Fund‐Planning‐Mid Long Term Planning
‐                                    ‐                                         ‐ In Progress ongoing Funds carried over into FY25 Communitydevelopment
702 Mid Long Term Planning 750.049 ‐ MuniCode Updates 100‐71‐702 ‐  General Fund‐Planning‐Mid Long Term Planning
25,000                                    ‐                                         ‐ In Progress 11/2024 Project delayed due to COVID and department turnover.

Communitydevelopment
702 Mid Long Term Planning 750.090 ‐ Residential/Mixed Use Design 100‐71‐702 ‐  General Fund‐Planning‐Mid Long Term Planning
7,294 7,294                                         ‐ In Progress 12/2024 Delays in project due to previous contractor/consultant and housing
element.

Communitydevelopment
702 Mid Long Term Planning 750.101 ‐ CWP RHNA and Gen Plan Update
100‐71‐702 ‐  General Fund‐Planning‐Mid
Long Term Planning
624,017 675,458 0 In Progress Spring/Summer
2024
Pending State of California Housing and
Community Development Departmentadoption of Housing Element.

Communitydevelopment
702 Mid Long Term Planning 750.135 ‐ Laserfiche planning map scanning
100‐71‐702 ‐  General Fund‐Planning‐Mid
Long Term Planning
3,264 3,263 (0) In Progress Winter 2024 Ongoing operational item.

Communitydevelopment
711 BMR Affordable HousingFund
750.051 ‐ Support for the Unhoused 265‐72‐711 ‐  BMR Housing‐Housing Services‐BMR Affordable Housing Fund
50,000 50,000                                         ‐ In Progress ongoing Pending budget depletion. $50k will be defunded in Q3 to true up to the required
County match. No completion date.

Communitydevelopment
711 BMR Affordable HousingFund
750.052 ‐ Develop ELI Housing 265‐72‐711 ‐  BMR Housing‐Housing Services‐BMR Affordable Housing Fund
85 85                                         ‐ In Progress N/A Pending development of Mary Ave, then operational.

Communitydevelopment
713 General Building 750.036 ‐ Ongoing Bldg Recrd
scan/conversn
100‐73‐713 ‐  General Fund‐Building‐General Building
14,387 856                                         ‐ In Progress Winter 2024 Ongoing operational item.

Communitydevelopment
714 Construction Plan Check 750.031 ‐ Westport 100‐73‐714 ‐  General Fund‐Building‐ Construction Plan Check
9,118 9,118 (0) In Progress 2026 Pending building permit status. The timeline is uncertain however staffestimates the townhome portion should becompleted/occupied by end of this year.The Senior BMR apartments should beoccupied by Spring 2025. The assisted livingparcel will be submitting revisions by 2026.

Communitydevelopment
714 Construction Plan Check 750.067 ‐ VTC 100‐73‐714 ‐  General Fund‐Building‐ Construction Plan Check
‐                                    ‐                                         ‐ In Progress N/A Funds carried over into FY25 Communitydevelopment
715 Building Inspection 750.067 ‐ VTC 100‐73‐715 ‐  General Fund‐Building‐ Building Inspection
‐                                    ‐                                         ‐ Not Started Funds carried over into FY25 593
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FY 2023-24 Special Projects Attachment F
Function Program Base And Detail Account With Detail
Description
Full Org Set Code And Description Amended
Budget
Actual Amount Encumbrance Status Estimated
Completion
Notes (e.g., carried over to next fiscal
year)
Information Services 300 Administration 750.197 ‐ Aclima & Envirosuite Pilot Ext 610‐30‐300 ‐  Innovation & Technology‐ I&T Administration‐Administration
66,000 66,000                                         ‐ Completed 8/15/2023 Information Services 300 Administration 750.222 ‐ CWP Cybersecurity Public Edu 610‐30‐300 ‐  Innovation & Technology‐ I&T Administration‐Administration
1,317 1,380                                         ‐ Completed 9/16/2023 Information Services 305 Video 900.995 ‐ Special Projects ‐ CDD/I&T 100‐31‐305 ‐  General Fund‐I&T Video‐ Video
8,216 8,215                                         ‐ Completed 9/30/2023 Funds carried over into FY25 Information Services 308 Applications 750.120 ‐ Performance Management App 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications
‐                                    ‐                                         ‐ Cancelled Information Services 308 Applications 750.123 ‐ Redesign of City Website 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications
17,219 17,219 0 In Progress Q2 FY2025 Funds carried over into FY25 Information Services 308 Applications 750.181 ‐ ERP (Phase II) 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications
94,076 24,910                                         ‐ Cancelled Recommended Service Level Reduction Information Services 308 Applications 750.183 ‐ ACA Guide & Wrapper 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications
‐                                    ‐                                         ‐ In Progress 6/30/2025 Funds carried over into FY25 Information Services 308 Applications 750.184 ‐ Accela Roadmap 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications
‐                                    ‐                                         ‐ In Progress 6/30/2025 Funds carried over into FY25 Information Services 308 Applications 750.186 ‐ Consolidated Code Enf Services 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications
22,408 22,408                                         ‐ Completed 2/27/2024 Information Services 308 Applications 750.236 ‐ Project Dox 100‐32‐308 ‐  General Fund‐I&T Applications‐Applications
98,807 98,357                                         ‐ Completed 6/30/2024 Information Services 310 Infrastructure 750.107 ‐ Security Framework and Audit 610‐34‐310 ‐  Innovation & Technology‐ I&T Infrastructure‐Infrastructure
30,000 29,375                                         ‐ Completed 6/30/2024 Information Services 310 Infrastructure 750.124 ‐ ActiveNet Additional Readers 610‐34‐310 ‐  Innovation & Technology‐ I&T Infrastructure‐Infrastructure
9,000 11,076 (0) Completed 2/28/2024
Information Services 310 Infrastructure 750.125 ‐ Council Voting System and Timer
610‐34‐310 ‐  Innovation & Technology‐
I&T Infrastructure‐Infrastructure
‐                                    ‐                                         ‐ Cancelled Information Services 310 Infrastructure 750.199 ‐ City Facilities Video Capture 610‐34‐310 ‐  Innovation & Technology‐ I&T Infrastructure‐Infrastructure
‐                                    ‐                                         ‐ In Progress 6/30/2025 Funds carried over into FY25 Information Services 310 Infrastructure 750.200 ‐ CH Ent Server & Storage Tech Ref
610‐34‐310 ‐  Innovation & Technology‐I&T Infrastructure‐Infrastructure 150,000 150,000                                         ‐ Completed 2/28/2024 Information Services 986 GIS 750.166 ‐ AR McClellan Ranch 610‐35‐986 ‐  Innovation & Technology‐ I&T GIS‐GIS
15,334 15,333                                         ‐ In Progress 4/30/2024 Information Services 986 GIS 750.207 ‐ Additional Telematics Devices 610‐35‐986 ‐  Innovation & Technology‐ I&T GIS‐GIS
5,300 5,300                                         ‐ Completed 7/30/2023 Information Services 986 GIS 750.211 ‐ Drone Instructor Training 610‐35‐986 ‐  Innovation & Technology‐ I&T GIS‐GIS
775 775                                         ‐ Completed 8/30/2023 Information Services 986 GIS 750.212 ‐ Laserfiche Scanning 610‐35‐986 ‐  Innovation & Technology‐ I&T GIS‐GIS
18,316 17,661 0 In Progress 4/30/2024
Information Services 986 GIS 750.216 ‐ CIP Management System 610‐35‐986 ‐  Innovation & Technology‐ I&T GIS‐GIS
10,740 10,740                                         ‐ In Progress 3/30/2024 Information Services 986 GIS 750.238 ‐ VR Decarb 610‐35‐986 ‐  Innovation & Technology‐ I&T GIS‐GIS
(2)                                   ‐                                         ‐ In Progress 5/30/2024 Law enforcement 200 Law Enforcement SC Sherif 750.227 ‐ CWP Public Safety res/com areas
100‐20‐200 ‐  General Fund‐LawEnforcement‐Law Enforcement SC Sherif ‐                                    ‐                                         ‐ In Progress 6/30/2025 Funds carried over into FY25 Public works 122 Sustainability Division 750.018 ‐ Climate Action Plan 100‐81‐122 ‐  General Fund‐ Environmental Programs‐Sustainability
Division
1,236                                    ‐                                         ‐ Completed 10/2023 Transferred from Administration 100‐12‐ 122 750.018 in FY 24.

Public works 122 Sustainability Division 750.019 ‐ Employee Commute Program 100‐81‐122 ‐  General Fund‐ Environmental Programs‐Sustainability
Division
2,586 4,618                                         ‐ Completed 10/2023 Transferred from Administration 100‐12‐ 122 750.018 in FY 24. Project went overbudget due to claims exceeding projectedbudget and will be covered with budget savings. Program is discontinued.

Public works 122 Sustainability Division 750.223 ‐ CWP Electrification Study 100‐81‐122 ‐  General Fund‐ Environmental Programs‐Sustainability
Division
3,943 3,942                                         ‐ In Progress 6/30/2025 Transferred from Administration 100‐12‐ 122 750.223 in FY24.

Public works 800 Public Works Admin 750.071 ‐ Municipal Water System 100‐80‐800 ‐  General Fund‐PW Administration‐Public Works Admin
16,866 16,866                                         ‐ Completed 10/1/2024 594
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FY 2023-24 Special Projects Attachment F
Function Program Base And Detail Account With Detail
Description
Full Org Set Code And Description Amended
Budget
Actual Amount Encumbrance Status Estimated
Completion
Notes (e.g., carried over to next fiscal
year)
Public works 801 Resources Recovery 750.041 ‐ HHW and PaintCare 520‐81‐801 ‐  Resource Recovery‐ Environmental Programs‐ResourcesRecovery
70,456 70,456                                         ‐ In Progress Ongoing annual project
No completion date
Public works 801 Resources Recovery 750.084 ‐ Single Use Plastics Ordinance 520‐81‐801 ‐  Resource Recovery‐ Environmental Programs‐ResourcesRecovery
65,172 65,172 (0) In Progress 6/30/2025 Ordinance implementation still in progress and on schedule.

Public works 801 Resources Recovery 750.137 ‐ SB1383 Procurement Requirements
520‐81‐801 ‐  Resource Recovery‐
Environmental Programs‐ResourcesRecovery
(92,911) (92,911) (0) In Progress Ongoing annual
project
No completion date
Public works 801 Resources Recovery 750.174 ‐ New Lndfill Agrmnt/Solid Wst con
520‐81‐801 ‐  Resource Recovery‐Environmental Programs‐ResourcesRecovery 222,155 222,141                                         ‐ In Progress 8/31/2025 Public works 804 Plan Review 750.039 ‐ PW Scanning Project 100‐82‐804 ‐  General Fund‐ Developmental Services‐Plan Review
30,403 30,403 (0) In Progress 6/30/2024
Public works 804 Plan Review 750.067 ‐ VTC 100‐82‐804 ‐  General Fund‐ Developmental Services‐Plan Review
‐                                    ‐                                         ‐ In Progress Anticipated 2030
This pertains to plan review and occurs
prior to permit issuance with the Cityawaiting the latest plan submittal.

Public works 804 Plan Review 750.105 ‐ CWP Revisit 5G 100‐82‐804 ‐  General Fund‐ Developmental Services‐Plan Review
‐                                    ‐                                         ‐ In Progress 2/28/2025 Most of the work to date has been completed in‐house. Ongoing changes to
related laws, limited staffing resources, andother priorities have resulted in delays tofinalization.

Public works 807 Service Center
Administration
750.043 ‐ Office Reconfiguration 100‐83‐807 ‐  General Fund‐Service Center‐Service Center Administration
128,445 53,445                                         ‐ In Progress Ongoing annual project
This an ongoing allocation that was added
in FY20 to account for the various office
reconfigurations need as a result aging City
facilities to help mitigate space issues.

Public works 808 McClellan Ranch Park 750.025 ‐ Special Maintenance 100‐84‐808 ‐  General Fund‐Grounds‐ McClellan Ranch Park
70,000                                    ‐                                         ‐ Cancelled This was moved to CIP for FY 25‐26 Public works 812 School Site Maintenance 750.025 ‐ Special Maintenance 100‐84‐812 ‐  General Fund‐Grounds‐ School Site Maintenance
20,000 24,950                                         ‐ Completed 6/30/2024 This account is used for various one‐time maintenance projects that vary from year
to year. This account was added FY20 toprovide visibility to one‐time project costs that vary from year to year to assist in
showing baseline expenses only in
materials and/or contracts.

Public works 813 Neighborhood Parks 750.074 ‐ Tot Lot Rubber Resurfacing 100‐84‐813 ‐  General Fund‐Grounds‐ Neighborhood Parks
17,824 13,619                                         ‐ Completed 6/30/2024 All 3 locations completed.

Public works 813 Neighborhood Parks 750.141 ‐ Basketball Court Resurfacing 100‐84‐813 ‐  General Fund‐Grounds‐ Neighborhood Parks
20,000 20,000                                         ‐ Completed 12/2023 Public works 813 Neighborhood Parks 900.990 ‐ Special Projects ‐ PW 100‐84‐813 ‐  General Fund‐Grounds‐ Neighborhood Parks
25,000 24,100                                         ‐ Completed 9/2023 This account is used for various l one‐time maintenance projects that vary from year
to year. This account was added FY17 toprovide visibility to one‐time project costs that vary from year to year to assist in
showing baseline expenses only in
materials and/or contracts. Portal Park
concrete replacement is completed.

Public works 814 Sport Fields Jollyman CRK 750.140 ‐ Backflow Prevention Device Repl
100‐84‐814 ‐  General Fund‐Grounds‐
Sport Fields Jollyman CRK
4,000 4,000                                         ‐ Completed 6/30/2024 Public works 814 Sport Fields Jollyman CRK 750.141 ‐ Basketball Court Resurfacing 100‐84‐814 ‐  General Fund‐Grounds‐ Sport Fields Jollyman CRK
10,000 10,000                                         ‐ Completed 12/2023 Public works 820 Sidewalk Curb and Gutter 750.020 ‐ Annual Sidewalk Curb & Gutter 270‐85‐820 ‐  Transportation Fund‐Streets‐ Sidewalk Curb and Gutter
724,229 724,228 (0) In Progress 6/30/2025 This is annual pavement maintenance and was added in special projects for visibility
and reporting.

Public works 825 Street Tree Maintenance 750.235 ‐ CWP Tree List 100‐86‐825 ‐  General Fund‐Trees and Right of Way‐Street Tree Maintenance
‐                                    ‐                                         ‐ In Progress 6/30/2025 Collaborating with CDD. Project currently awaiting CDD's completion of RFP. RFP just
went out 10/21/2024
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FY 2023-24 Special Projects Attachment F
Function Program Base And Detail Account With Detail
Description
Full Org Set Code And Description Amended
Budget
Actual Amount Encumbrance Status Estimated
Completion
Notes (e.g., carried over to next fiscal
year)
Public works 825 Street Tree Maintenance 900.911 ‐ Trees and Badges 100‐86‐825 ‐  General Fund‐Trees and Right of Way‐Street Tree Maintenance
11,263 3,325                                         ‐ In Progress Ongoing annual project
Trees and Badges was a special project in2014 and completed in the same year. The funding has remainined in this account fortree planting as trees are capital assets.

Moving forward, this item will be removed
from the special projects table and will be
moved to a materials or fixed asset accountas appropriate in FY26.

Public works 828 Bldg Maint Library 750.025 ‐ Special Maintenance 100‐87‐828 ‐  General Fund‐Facilities and Fleet‐Bldg Maint Library
‐                                    ‐                                         ‐ In Progress 6/30/2025 Funds carried over into FY25. Library HVAC.

Public works 829 Bldg Maint Service Center 750.025 ‐ Special Maintenance 100‐87‐829 ‐  General Fund‐Facilities and Fleet‐Bldg Maint Service Center
40,000 17,585                                         ‐ Completed 6/30/2024 Weatherproofing technologies; bal was defunded
Public works 829 Bldg Maint Service Center 900.990 ‐ Special Projects ‐ PW 100‐87‐829 ‐  General Fund‐Facilities and Fleet‐Bldg Maint Service Center
187,026 178,380 0 In Progress 6/30/2025 Awaiting delivery of materials.

Public works 830 Bldg Maint Quinlan Center 750.025 ‐ Special Maintenance 100‐87‐830 ‐  General Fund‐Facilities and Fleet‐Bldg Maint Quinlan Center
7,826 7,826                                         ‐ Completed 6/30/2024 Flooring and laminate replacement completed.Security upgrade is carried over into FY25.

Public works 831 Bldg Maint Senior Center 750.025 ‐ Special Maintenance 100‐87‐831 ‐  General Fund‐Facilities and Fleet‐Bldg Maint Senior Center
‐                                    ‐                                         ‐ Not Started 6/30/2025 This account is used for various one‐time maintenance projects that vary from year
to year. This account was added FY20 toprovide visibility to one‐time project costs that vary from year to year to assist in
showing baseline expenses only in
materials and/or contracts. Senior Center
Access Controls 750.130 ($16,000) wastransferred from Information Services.Roof repair, deck dry rot repair, AC replacement ‐ not started due to lack of
staffing, need for multiple quotes andmultiple vendor contracts Public works 832 Bldg Maint McClellan
Ranch
750.025 ‐ Special Maintenance 100‐87‐832 ‐  General Fund‐Facilities and Fleet‐Bldg Maint McClellan Ranch
82,472 27,820                                         ‐ Completed 6/30/2024 This account is used for various one‐time maintenance projects that vary from year
to year. This account was added FY19 toprovide visibility to one‐time project costs that vary from year to year to assist in
showing baseline expenses only in
materials and/or contracts.

Public works 832 Bldg Maint McClellan
Ranch
900.990 ‐ Special Projects ‐ PW 100‐87‐832 ‐  General Fund‐Facilities and Fleet‐Bldg Maint McClellan Ranch
18,875 19,575                                         ‐ Completed $18,875 transferred from 750‐025 to 900‐ 990 for roof and gutter replacement.

Public works 836 Bldg Maint Sports Center 750.025 ‐ Special Maintenance 570‐87‐836 ‐  Sports Center‐Facilities and Fleet‐Bldg Maint Sports Center
6,789 6,789                                         ‐ In Progress 12/13/2024 HVAC (remaining) + raquetball (done) Public works 841 BBF Facilities Maintenance 750.025 ‐ Special Maintenance 100‐87‐841 ‐  General Fund‐Facilities and Fleet‐BBF Facilities Maintenance
18,197                                    ‐                                         ‐ In Progress Ongoing Maint as needed
Blesch, Byrne and Stocklmeir Maint as
needed
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FY 2023-24 Special Projects Attachment F
Function Program Base And Detail Account With Detail
Description
Full Org Set Code And Description Amended
Budget
Actual Amount Encumbrance Status Estimated
Completion
Notes (e.g., carried over to next fiscal
year)
Public works 841 BBF Facilities Maintenance 900.990 ‐ Special Projects ‐ PW 100‐87‐841 ‐  General Fund‐Facilities and Fleet‐BBF Facilities Maintenance
6,803 6,803                                         ‐ Completed 7/2023 This account is used for various one‐time maintenance projects that vary from year
to year. This account was added FY16 toprovide visibility to one‐time project costs that vary from year to year to assist in
showing baseline expenses only in
materials and/or contracts. Expenses arelocated in fixed assets. Expensed to 900.990 GL account, budget transfer will be
initiated to complete transaction.

Public works 844 Traffic Engineering 750.040 ‐ Planned Transportation Project 100‐88‐844 ‐  General Fund‐ Transportation‐Traffic Engineering
53,235 53,236                                         ‐ Completed 7/2023 Vision Zero project completed Public works 844 Traffic Engineering 750.079 ‐ Adaptive Traffic Signaling 100‐88‐844 ‐  General Fund‐ Transportation‐Traffic Engineering
12,473 12,473                                         ‐ Completed 8/2023 Public works 844 Traffic Engineering 750.163 ‐ VMT to LOS Standards 100‐88‐844 ‐  General Fund‐ Transportation‐Traffic Engineering
99,363 99,363 0 In Progress 6/30/2025
Public works 844 Traffic Engineering 750.219 ‐ CWP Bicycle Facilities 100‐88‐844 ‐  General Fund‐ Transportation‐Traffic Engineering
‐                                    ‐                                         ‐ In Progress 12/31/2024 This has started although no money has been spent. There have been severalmeetings with the BPC, and most recently staff has been working on completing an
MOU with the Rotary to partner on the
installation of bike racks on private
property. The MOU has now been
executed and meetings are ongoing
between staff, Rotary, and BPCsubcommittee to finalize bike rack installation locations. Once locations arefinalized, the division of labor regarding installation will be determined and the bikeracks purchased and installed.

Public works 844 Traffic Engineering 750.231 ‐ SC Corridor Vision Study 100‐88‐844 ‐  General Fund‐ Transportation‐Traffic Engineering
‐                                    ‐                                         ‐ In Progress 6/30/2025 Partnered with City of San Jose Public works 844 Traffic Engineering 750.242 ‐ AC2 Traffic Monitoring 100‐88‐844 ‐  General Fund‐ Transportation‐Traffic Engineering
34,365 41,205                                         ‐ In Progress 6/30/2025 Budgeted funds will be transferred here from 100‐88‐844 900.923.

Public works 844 Traffic Engineering 900.923 ‐ Apple Campus 2 100‐88‐844 ‐  General Fund‐ Transportation‐Traffic Engineering
‐                                    ‐                                         ‐ Completed 6/30/2025 Budgeted in incorrect GL account, departments will initiate a transfer tocorrect to 100‐88‐844 750.242. This is a development project that spanned severalyears. It was added a special project to provide visability and to maintain releventbaseline expenses in materials andcontracts.

Public works 844 Traffic Engineering 900.964 ‐ I‐280/Wolfe Rd Interchange Imprv
100‐88‐844 ‐  General Fund‐
Transportation‐Traffic Engineering
800,000 800,000                                         ‐ In Progress Est. completion date unknown
as the project iswith VTA
Originally budgeted in 750‐040 and
transferred to Capital Outlay Account 100‐
88‐844 900‐964. Advanced payment made
to VTA for the City's portion.

Public works 846 Safe Routes 2 School 750.080 ‐ Pedestrian Education 100‐88‐846 ‐  General Fund‐ Transportation‐Safe Routes 2 School
10,118 10,118                                         ‐ Completed 11/2023 Public works 848 Street Lighting 900.990 ‐ Special Projects ‐ PW 100‐85‐848 ‐  General Fund‐Streets‐Street Lighting
230,000 171,163 (0) In Progress 8/30/2024 This account is used for various l one‐time maintenance projects that vary from year
to year. This account was added FY16 to
provide visibility to one‐time project costs
that vary from year to year to assist in
showing baseline expenses only in
materials and/or contracts.
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FY 2023-24 Special Projects Attachment F
Function Program Base And Detail Account With Detail
Description
Full Org Set Code And Description Amended
Budget
Actual Amount Encumbrance Status Estimated
Completion
Notes (e.g., carried over to next fiscal
year)
Public works 853 Storm Drain Fee 750.063 ‐ Rainwater Capture 230‐81‐853 ‐  Env Mgmt Cln Crk Strm Drain‐Environmental Programs‐Storm
Drain Fee
19,512 19,512 (0) In Progress Ongoing annual
project
No completion date
Public works 854 General Fund Subsidy 750.064 ‐ Low Income Cost Share 230‐81‐854 ‐  Env Mgmt Cln Crk Strm Drain‐Environmental Programs‐General
Fund Subsidy
13,162 47                                        ‐ In Progress Ongoing annual project
No completion date. Payments were
voided as checks were not cashed.

Public works 854 General Fund Subsidy 750.065 ‐ CUSD Joint Use Cost Share 230‐81‐854 ‐  Env Mgmt Cln Crk Strm Drain‐Environmental Programs‐General
Fund Subsidy
8,706                                    ‐                                         ‐ In Progress Ongoing annual project
No completion date
Recreation services 601 Rec & Comm Svcs
Administration
750.098 ‐ CWP Senior Strategy 100‐60‐601 ‐  General Fund‐ Administration‐Rec & Comm Svcs
Administration
41,378 32                                         ‐ Completed 6/30/2024 Senior Survey Assessment Recreation services 601 Rec & Comm Svcs
Administration
750.164 ‐ CWP Dogs Off Leash Area 100‐60‐601 ‐  General Fund‐ Administration‐Rec & Comm Svcs
Administration
5,000 338                                         ‐ Completed 6/30/2024 Recreation services 601 Rec & Comm Svcs
Administration
750.241 ‐ Senior Svcs & Youth
Engagement
100‐60‐601 ‐  General Fund‐
Administration‐Rec & Comm Svcs
Administration
20,000 3,159                                         ‐ Completed 6/30/2024 598
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FY 2024-25 First Quarter Special Projects Attachment G
Function Program Base And Detail Account
With Detail Description
Full Org Set Code And
Description
Amended
Budget
Actual Amount
(Expenses)
Encumbrances Status Estimated
Completion
Notes (e.g., carried over
to next fiscal year)
Administration 120 City Manager 750.239 ‐ PR & Strategic Comm Strategy
100‐12‐120 ‐  General Fund‐City Manager‐City
Manager
77,400.00 0.00 0.00 In Progress 6/30/2026 These funds were carried over from the previous fiscal year. Estimated
completion has been pushed to the
end of the next Fiscal Year due to
staff capacity.

Administration 120 City Manager 750.245 ‐ CWP Rise Const Stakeholder Engmt
100‐12‐120 ‐  General Fund‐City Manager‐City
Manager
100,000.00 0.00 0.00 In Progress 12/31/2024 The City will continue engagement with The Rise on an ongoing basis.

Expenses may occur after Q2.

Administration 632 Comm Outreach &
Neigh Watch
750.056 ‐ NeighborhoodEngagement
100‐12‐632 ‐  General Fund‐City Manager‐
Comm Outreach & Neigh Watch
56,781.00 3,540.92 0.00 Completed 9/30/2024 The Neighbor to Neighbor grant ended on 9/30/24. Final
encumbrance of $19,481 processedin Q2.

Administration 632 Comm Outreach &
Neigh Watch
750.227 ‐ CWP Public Safety res/comareas
100‐12‐632 ‐  General Fund‐City Manager‐
Comm Outreach & Neigh Watch
10,000.00 0.00 0.00 In Progress 6/30/2025 The Block Leader outreach program has started and staff will continue to
promote the programs until the end
of this fiscal year.

Administration 633 Disaster
Preparedness
750.230 ‐ Business Continuity
Resilience
100‐12‐633 ‐  General Fund‐City Manager‐
Disaster Preparedness
500,000.00 0.00 0.00 Not Started 6/30/2024 Staff is considering making improvements to the EOC later this
fiscal year.

Administration 633 Disaster
Preparedness
750.240 ‐ MRC Rise 100‐12‐633 ‐  General Fund‐City Manager‐ Disaster Preparedness
2,194.00 1,176.24 0.00 Completed 9/30/2024 Additional supplies purchased for MRC Rise in July 2024. Project is now
complete.

Administration 705 Economic
Development
750.230 ‐ Business Continuity
Resilience
100‐12‐705 ‐  General Fund‐City Manager‐
Economic Development
310,487.00 0.00 0.00 In Progress 6/30/2025 Funds were carried over for the ongoing support for Small to
Medium Business Resiliency. This
was a Budget allocation from the
State of California
Community development 701 Current Planning 750.007 ‐ The Hamptons 100‐71‐701 ‐  General Fund‐Planning‐Current Planning
108,640.00 0.00 0.00 Not Started Waiting for building submittal.

Project approval expries in 2026
Community development 701 Current Planning 750.009 ‐ Marina Plaza 100‐71‐701 ‐  General Fund‐Planning‐Current Planning
23,317.00 0.00 0.00 In Progress Ongoing Waiting for building permit Community development 701 Current Planning 750.029 ‐ Vallco SB35/Rise 100‐71‐701 ‐  General Fund‐Planning‐Current Planning
109,207.00 0.00 0.00 In Progress Ongoing Waiting for building permit Community development 702 Mid Long Term
Planning
750.032 ‐ General Plan 100‐71‐702 ‐  General Fund‐Planning‐Mid Long Term Planning
239,805.00 0.00 0.00 In Progress Ongoing Operational item, no completion date
Community development 702 Mid Long Term
Planning
750.090 ‐ Residential/Mixed UseDesign
100‐71‐702 ‐  General Fund‐Planning‐Mid
Long Term Planning
194,922.00 0.00 0.00 In Progress Summer 2025 Delays in prjoect due to previous contractor/consultant and Housing
Element
Community development 702 Mid Long Term
Planning
750.101 ‐ CWP RHNA and Gen Plan
Update
100‐71‐702 ‐  General Fund‐Planning‐Mid
Long Term Planning
422,564.00 44,170.25 378,394.22 Completed Sep 2024 Completed in September, when the City received notice from HCD that
the Housing Element complies with
State law.

Community development 702 Mid Long Term
Planning
750.102 ‐ CWP Sign Ordinance
Update
100‐71‐702 ‐  General Fund‐Planning‐Mid
Long Term Planning
200,000.00 0.00 0.00 Not Started Spring 2025 RFP to be released Winter 2024 to obtain consultant
Community development 702 Mid Long Term
Planning
750.135 ‐ Laserfiche planning map
scanning
100‐71‐702 ‐  General Fund‐Planning‐MidLong Term Planning 726.00 0.00 0.00 In Progress Winter 2024 Ongoing Operational Item Community development 702 Mid Long Term
Planning
750.235 ‐ CWP Tree List 100‐71‐702 ‐  General Fund‐Planning‐Mid Long Term Planning
50,000.00 0.00 0.00 In Progress June 2025 Joing project with Public Works, RFP released to obtain consultant
Community development 711 BMR Affordable
Housing Fund
750.052 ‐ Develop ELI Housing 265‐72‐711 ‐  BMR Housing‐Housing Services‐ BMR Affordable Housing Fund
238,301.00 0.00 3,005.00 In Progress Fall 2025 Pending development of Mary Ave, then operational.
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FY 2024-25 First Quarter Special Projects Attachment G
Function Program Base And Detail Account
With Detail Description
Full Org Set Code And
Description
Amended
Budget
Actual Amount
(Expenses)
Encumbrances Status Estimated
Completion
Notes (e.g., carried over
to next fiscal year)
Community development 714 Construction Plan
Check
750.031 ‐ Westport 100‐73‐714 ‐  General Fund‐Building‐ Construction Plan Check
89,621.00 0.00 34,281.73 In Progress 2026 Pending building permit status. The timeline is uncertain, however, staff
estimates the townhome portion
should be fully occupied by 2025.

The Senior BMR apartments are fully
occupied. The assisted living parcel is
currently being reviewed for
revisions.

Community development 714 Construction Plan
Check
750.067 ‐ VTC 100‐73‐714 ‐  General Fund‐Building‐
Construction Plan Check
14,595,179.00 0.00 1,095,179.46 In Progress Ongoing This pertains to building permits and staff estimates that the developer
will submit additional building
permits in 2024
Community development 715 Building Inspection 750.067 ‐ VTC 100‐73‐715 ‐  General Fund‐Building‐Building Inspection
5,406,634.00 0.00 0.00 Not Started This pertains to building inspections.

No construction has been
completed, and will occure over the
build‐out of the project at least 5
years.

Information Services 305 Video 900.995 ‐ Special Projects ‐ CDD/I&T 100‐31‐305 ‐  General Fund‐I&T Video‐Video 32,675.00 0.00 0.00 In Progress 6/30/2025 Information Services 308 Applications 750.123 ‐ Redesign of City Website 100‐32‐308 ‐  General Fund‐I&T Applications‐ Applications
3,481.00 0.00 3,481.31 In Progress 1/30/2025
Information Services 308 Applications 750.183 ‐ ACA Guide & Wrapper 100‐32‐308 ‐  General Fund‐I&T Applications‐ Applications
25,000.00 0.00 25,000.00 In Progress 6/30/2025
Information Services 308 Applications 750.184 ‐ Accela Roadmap 100‐32‐308 ‐  General Fund‐I&T Applications‐ Applications
23,000.00 0.00 23,000.00 In Progress 6/30/2025
Information Services 308 Applications 750.236 ‐ Project Dox 100‐32‐308 ‐  General Fund‐I&T Applications‐ Applications
394.00 393.75 0.00 Completed 6/30/2024
Information Services 310 Infrastructure 750.199 ‐ City Facilities Video Capture
610‐34‐310 ‐  Innovation & Technology‐I&T
Infrastructure‐Infrastructure
6,079.00 0.00 6,079.34 In Progress 6/30/2025 Items are backordered Information Services 986 GIS 750.166 ‐ AR McClellan Ranch 610‐35‐986 ‐  Innovation & Technology‐I&T GIS‐GIS
11,333.00 11,333.32 0.00 Completed 9/30/2024
Information Services 986 GIS 750.212 ‐ Laserfiche Scanning 610‐35‐986 ‐  Innovation & Technology‐I&T GIS‐GIS
4,099.00 0.00 4,098.54 In Progress 6/30/2025
Information Services 986 GIS 750.238 ‐ VR Decarb 610‐35‐986 ‐  Innovation & Technology‐I&T GIS‐GIS
112,002.00 10,431.70 101,568.25 In Progress 3/30/2025
Law enforcement 200 Law Enforcement SC
Sherif
750.227 ‐ CWP Public Safety res/comareas
100‐20‐200 ‐  General Fund‐Law Enforcement‐
Law Enforcement SC Sherif
60,000.00 0.00 0.00 In Progress 6/30/25 On 10/1/24 Council authorized staff to execute an agreement for the
purchase and installation of 15 ALPR
cameras throughout the City. The
purchase is expected in Q2.

Public works 122 Sustainability
Division
750.025 ‐ Special Maintenance 100‐81‐122 ‐  General Fund‐Environmental Programs‐Sustainability Division
10,000.00 0.00 0.00 Not Started 6/30/2025 Energy Efficiency Audit Public works 122 Sustainability
Division
750.106 ‐ Electric Cooking Workshop
Series
100‐81‐122 ‐  General Fund‐Environmental
Programs‐Sustainability Division
6,400.00 0.00 0.00 In Progress 6/30/2025 Carried over from last FY Public works 122 Sustainability
Division
750.176 ‐ Climate AP Vision
Summary Doc
100‐81‐122 ‐  General Fund‐Environmental
Programs‐Sustainability Division
10,000.00 0.00 0.00 In Progress 6/30/2025
Public works 122 Sustainability
Division
750.223 ‐ CWP Electrification Study 100‐81‐122 ‐  General Fund‐Environmental Programs‐Sustainability Division
96,057.00 0.00 36,057.67 In Progress 6/30/2025 Transferred to CMO Public works 800 Public Works Admin 750.244 ‐ CWP Recycled Water Feasibility
100‐80‐800 ‐  General Fund‐PWAdministration‐Public Works Admin 200,000.00 0.00 0.00 In Progress 6/30/2025 New this FY
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FY 2024-25 First Quarter Special Projects Attachment G
Function Program Base And Detail Account
With Detail Description
Full Org Set Code And
Description
Amended
Budget
Actual Amount
(Expenses)
Encumbrances Status Estimated
Completion
Notes (e.g., carried over
to next fiscal year)
Public works 801 Resources Recovery 750.025 ‐ Special Maintenance 520‐81‐801 ‐  Resource Recovery‐ Environmental Programs‐Resources Recovery
20,000.00 0.00 0.00 In Progress 6/30/2025 CAP dashbaord pilot Public works 801 Resources Recovery 750.041 ‐ HHW and PaintCare 520‐81‐801 ‐  Resource Recovery‐ Environmental Programs‐Resources Recovery
161,010.00 66,540.50 0.00 In Progress Ongoing annual
project
SCC Household Hazardous Waste
program. Annual on‐going program
to cover residential drop off of items
that cannot be accepted by
Recology.

Public works 801 Resources Recovery 750.084 ‐ Single Use Plastics Ordinance
520‐81‐801 ‐  Resource Recovery‐Environmental Programs‐Resources Recovery 94,544.00 (1,205.00) 0.00 In Progress 6/30/2025 Ordinance implementation still in progress and on schedule.

Public works 801 Resources Recovery 750.137 ‐ SB1383 Procurement Requirements
520‐81‐801 ‐  Resource Recovery‐Environmental Programs‐Resources Recovery 205,653.00 0.00 0.00 In Progress Ongoing annual
project
No completion date
Public works 801 Resources Recovery 750.174 ‐ New Lndfill Agrmnt/Solid Wst con
520‐81‐801 ‐  Resource Recovery‐
Environmental Programs‐Resources Recovery
103,542.00 12,962.50 4,841.60 In Progress 8/31/2025
Public works 802 Non Point Source 750.064 ‐ Low Income Cost Share 230‐81‐802 ‐  Env Mgmt Cln Crk Strm Drain‐ Environmental Programs‐Non Point Source
2,000.00 0.00 0.00 In Progress Ongoing Defunding
Public works 802 Non Point Source 750.065 ‐ CUSD Joint Use Cost Share 230‐81‐802 ‐  Env Mgmt Cln Crk Strm Drain‐ Environmental Programs‐Non Point Source
8,707.00 0.00 0.00 In Progress Ongoing Will be moved to a contract account in FY26 Proposed Budget.

Public works 804 Plan Review 750.039 ‐ PW Scanning Project 100‐82‐804 ‐  General Fund‐Developmental Services‐Plan Review
9,310.00 0.00 9,310.29 In Progress Ongoing Funds are encumbered in Q1 Public works 804 Plan Review 750.067 ‐ VTC 100‐82‐804 ‐  General Fund‐Developmental Services‐Plan Review
1,961,366.00 14,065.00 1,182,523.68 In Progress Anticipated 2030 Public works 804 Plan Review 750.105 ‐ CWP Revisit 5G 100‐82‐804 ‐  General Fund‐Developmental Services‐Plan Review
250,000.00 0.00 0.00 In Progress 2/28/2025 Most of the work to date has been completed in‐house. Ongoingchanges to related laws, limited staffing resources, and other
priorities have resulted in delays to
finalization.

Public works 807 Service Center Admin 750.043 ‐ Office Reconfiguration 100‐83‐807 ‐  General Fund‐Service Center‐ Service Center Administration
111,416.00 0.00 8,170.59 In Progress Ongoing Will be moved to materials/contracts account in FY26 Proposed Budget.

This an ongoing allocation that was
added in FY20 to account for the
various citywide office
reconfigurations need as a result
aging City facilities to help mitigate
space issues.

Public works 812 School Site
Maintenance
750.025 ‐ Special Maintenance 100‐84‐812 ‐  General Fund‐Grounds‐School Site Maintenance
10,500.00 0.00 0.00 In Progress 06/30/2025 Dugout roof replacement ‐ Hyde Public works 814 Sport Fields Jollyman
CRK
750.025 ‐ Special Maintenance 100‐84‐814 ‐  General Fund‐Grounds‐Sport Fields Jollyman CRK
10,500.00 0.00 0.00 In Progress 06/30/2025 Dugout roof replacement ‐ Jollyman Public works 820 Sidewalk Curb and
Gutter
750.020 ‐ Annual Sidewalk Curb &
Gutter
270‐85‐820 ‐  Transportation Fund‐Streets‐Sidewalk Curb and Gutter 2,776,484.00 0.00 1,725.91 In Progress 6/30/2025 Annual project Public works 821 Street Pavement
Maintenance
900.921 ‐ Annual Asphalt Project 270‐85‐821 ‐  Transportation Fund‐Streets‐ Street Pavement Maintenance
7,472,764.00 0.00 32,940.00 In Progress 6/30/2025 Annual project Public works 825 Street Tree
Maintenance
750.235 ‐ CWP Tree List 100‐86‐825 ‐  General Fund‐Trees and Right of Way‐Street Tree Maintenance
60,000.00 0.00 0.00 In Progress 6/30/2025 Collaborating with CDD. Project currently awaiting CDD's completion
of RFP. RFP just went out
10/21/2024
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FY 2024-25 First Quarter Special Projects Attachment G
Function Program Base And Detail Account
With Detail Description
Full Org Set Code And
Description
Amended
Budget
Actual Amount
(Expenses)
Encumbrances Status Estimated
Completion
Notes (e.g., carried over
to next fiscal year)
Public works 825 Street Tree Maintena 900.911 ‐ Trees and Badges 100‐86‐825 ‐  General Fund‐Trees and Right of Way‐Street Tree Maintenance
20,000.00 0.00 0.00 In Progress On‐going Trees and Badges was a special project in 2014 and completed in the
same year. The funding has
remainined in this account for tree
planting as trees are capital assets.

Moving forward, this item will be
removed from the special projects
table and will be moved to a
materials or fixed asset account as
appropriate in FY26.

Public works 827 Bldg Maint City Hall 750.025 ‐ Special Maintenance 100‐87‐827 ‐  General Fund‐Facilities and Fleet‐Bldg Maint City Hall
2,000.00 0.00 0.00 Not Started 6/30/2025 Burglar Alarm Upgrades Public works 828 Bldg Maint Library 750.025 ‐ Special Maintenance 100‐87‐828 ‐  General Fund‐Facilities and Fleet‐Bldg Maint Library
45,000.00 0.00 2,200.00 In Progress 6/30/2025 Library HVAC Public works 829 Bldg Maint Service
Center
750.025 ‐ Special Maintenance 100‐87‐829 ‐  General Fund‐Facilities and Fleet‐Bldg Maint Service Center
2,000.00 0.00 0.00 Not Started 6/30/2025 Burglar Alarm Upgrades Public works 829 Bldg Maint Service
Center
900.990 ‐ Special Projects ‐ PW 100‐87‐829 ‐  General Fund‐Facilities and Fleet‐Bldg Maint Service Center
46,937.00 0.00 46,936.96 In Progress 6/30/2025 Funds encumbered with Beam Global for EV ARC
Public works 830 Bldg Maint Quinlan
Center
750.025 ‐ Special Maintenance 100‐87‐830 ‐  General Fund‐Facilities and Fleet‐Bldg Maint Quinlan Center
79,174.00 0.00 0.00 Not Started 6/30/2025 Security project Public works 831 Bldg Maint Senior
Center
750.025 ‐ Special Maintenance 100‐87‐831 ‐  General Fund‐Facilities and Fleet‐Bldg Maint Senior Center
123,675.00 0.00 0.00 Not Started 6/30/2025 Funds are allocated to replacing kitchen HVAC unit.

Public works 832 Bldg Maint
McClellan Ranch
750.025 ‐ Special Maintenance 100‐87‐832 ‐  General Fund‐Facilities and Fleet‐Bldg Maint McClellan Ranch
2,000.00 0.00 0.00 Not Started 6/30/2025 Burglar Alarm Upgrades Public works 833 Bldg Maint Monta
Vista Ct
750.025 ‐ Special Maintenance 100‐87‐833 ‐  General Fund‐Facilities and Fleet‐Bldg Maint Monta Vista Ct
2,000.00 0.00 0.00 Not Started 6/30/2025 Burglar Alarm Upgrades Public works 836 Bldg Maint Sports
Center
750.025 ‐ Special Maintenance 570‐87‐836 ‐  Sports Center‐Facilities and Fleet‐Bldg Maint Sports Center
45,705.00 0.00 0.00 In Progress 6/30/2025 HVAC repair (in progress), raquetball court (done)
Public works 838 Comm Hall Bldg
Maint
750.025 ‐ Special Maintenance 100‐87‐838 ‐  General Fund‐Facilities and Fleet‐Comm Hall Bldg Maint
2,000.00 0.00 0.00 Not Started 6/30/2025 Burglar Alarm Upgrades Public works 844 Traffic Engineering 750.163 ‐ VMT to LOS Standards 100‐88‐844 ‐  General Fund‐Transportation‐ Traffic Engineering
30,637.00 7,156.13 23,421.10 In Progress 6/30/2025
Public works 844 Traffic Engineering 750.219 ‐ CWP Bicycle Facilities 100‐88‐844 ‐  General Fund‐Transportation‐ Traffic Engineering
50,000.00 0.00 0.00 In Progress 6/30/2025 Project stalled with Rotary and BPC.

No progress since last quarterly
report.This has started although no money
has been spent. There have been
several meetings with the BPC. The
MOU has been executed. meetings
are ongoing between staff, Rotary,and BPC subcommittee to finalize bike rack installation locations. Once
locations are finalized, the division of
labor regarding installation will be
determined and the bike racks
purchased and installed.

Public works 844 Traffic Engineering 750.231 ‐ SC Corridor Vision Study 100‐88‐844 ‐  General Fund‐Transportation‐ Traffic Engineering
154,079.00 0.00 0.00 In Progress 6/30/2025 Partnered with City of San Jose Public works 844 Traffic Engineering 750.242 ‐ AC2 Traffic Monitoring 100‐88‐844 ‐  General Fund‐Transportation‐ Traffic Engineering
42,975.00 0.00 42,975.00 In Progress 6/30/2025
Public works 844 Traffic Engineering 750.243 ‐ CWP Active Transportation Plan
100‐88‐844 ‐  General Fund‐Transportation‐
Traffic Engineering
330,000.00 0.00 0.00 Not Started 6/30/2026 New this FY
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FY 2024-25 First Quarter Special Projects Attachment G
Function Program Base And Detail Account
With Detail Description
Full Org Set Code And
Description
Amended
Budget
Actual Amount
(Expenses)
Encumbrances Status Estimated
Completion
Notes (e.g., carried over
to next fiscal year)
Public works 848 Street Lighting 900.990 ‐ Special Projects ‐ PW 100‐85‐848 ‐  General Fund‐Streets‐Street Lighting
175,000.00 0.00 171,306.81 In Progress 8/31/2025 The poles are on order and should be delivered late November.

Installation will begin in April 2025
and be completed probably July‐
August 2025.

Public works 853 Storm Drain Fee 750.063 ‐ Rainwater Capture 230‐81‐853 ‐  Env Mgmt Cln Crk Strm Drain‐ Environmental Programs‐Storm Drain Fee
28,207.00 0.00 15,707.06 In Progress Ongoing annual
project
No completion date
Recreation services 601 Rec & Comm Svcs
Administration
750.241 ‐ Senior Svcs & Youth
Engagement
100‐60‐601 ‐  General Fund‐Administration‐Rec & Comm Svcs Administration

0.00 (21.83) 0.00 Completed June 2024 Defunded in Q1
Recreation services 601 Rec & Comm Svcs
Administration
750.098 ‐ CWP Senior Strategy 100‐60‐601 ‐  General Fund‐Administration‐ Rec & Comm Svcs Administration
41,378 32                                             ‐  Completed June 2024 Will be defunded in Mid‐year Recreation services 601 Rec & Comm Svcs
Administration
750.164 ‐ CWP Dogs Off Leash Area 100‐60‐601 ‐  General Fund‐Administration‐ Rec & Comm Svcs Administration
5,000 338                                             ‐  Completed June 2024 Will be defunded in Mid‐year Recreation services 601 Rec & Comm Svcs
Administration
750.226 ‐ CWP Intergenerational
Engagement
100‐60‐601 ‐  General Fund‐Administration‐
Rec & Comm Svcs Administration
‐                                             ‐                                             ‐  Completed June 2024 Will be defunded in Mid‐year Recreation services 601 Rec & Comm Svcs
Administration
750.241 ‐ Senior Svcs & Youth
Engagement
100‐60‐601 ‐  General Fund‐Administration‐Rec & Comm Svcs Administration 20,000 3,159                                            ‐  Completed June 2024 Will be defunded in Mid‐year Recreation services 621 Sports Center
Operation
900.959 ‐ Windscreens 570‐63‐621 ‐  Sports Center‐Sports, Safety and Outdoor Rec‐Sports Center Operation
72,162 72,162                                             ‐  Completed Sept 2023 Will be defunded in Mid‐year 603
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Department Name of Grant Description of Grant
Requested Grant
Amount
Date
Applied Date Due
Status (Grant
Awarded,
Pending Results,
Grant Denied)
Grant Amount
Awarded Date Awarded
Administration National Association of City and County Health Officials (NACCHO) Respond, Innovate, Sustain,
and Equip (RISE) Awards
To provide resources to the MRC network to
support COVID‐19 response efforts
$25,000 3/4/2022 3/4/2022 Grant Awarded $25,000 8/11/2022 Administration Local Governments: Connecting Neighbors to Neighbors
California Office of the Governor,
CalVolunteers program funding for the Block
Leader Program to hold events that expand
networks of neighbors within the community
$222,233 6/16/2023 6/16/2023 Grant Awarded $222,233 7/17/2023 Administration/Public Works Emergency Radio Replacement Project To purchase digital radio communication devices (handheld radios, headset and ear
plugs, antennas, vehicle radio units) to replace
the analog system
$80,000 6/14/2024 6/14/2024 Grant Denied N/A N/A
Administration/ Information &Technology
Cybersecurity Exercise Planning To hire a consultant to conduct Cybersecurity Exercise Planning
$90,000 6/14/2024 6/14/2024 Grant Denied N/A N/A
Administration/ Information &Technology
Intrusion Protection, Security, and Intelligence To improve the physical security and access controls at City of Cupertino facilities.

Currently, not all key exterior doors at City
facilities are controlled by an access control
system
$180,000 6/14/2024 6/14/2024 Grant Denied N/A N/A
Information & Technology California Automated Permit Processing (CalAPP) Program
Grant to enhance solar permitting applications $60,000 3/13/2023 7/1/2027 Grant Awarded $60,000 4/4/2023 Community DevelopmentDepartment
2020 Local Early Action Planning (LEAP) Grants
Program
CA Dept of Housing & Community
Development (HCD) funding to accelerate
progress of Housing Element towards statehousing goals
$300,000 7/1/2020 7/1/2020 Grant Awarded $300,000 10/6/2020 Public Works TIRCP (Transit and Intercity Rail Program) 5‐year expansion of Via shuttle, including partnership with City of Santa Clara
$8,465,000 3/3/2022 3/8/2022 Grant Awarded $8,465,000 7/11/2022 Information & Technology andCommunity DevelopmentDepartment Dept. of Housing and Community Development Financial assistance for implementation of softwares that accelerate and streamline
Housing Production
$310,000 3/20/2020 12/31/2022 Grant Awarded $310,000 3/24/2020 Public Works California Electric Vehicle Infrastructure Project Purchase and installation of EV charging infrastructure at publicly‐owned sites ($4,500per charging port) $130,500 12/22/2020 12/22/2020 Funds Partially
Reserved
$130,500 N/A
Public Works HSIP (Highway Safety Improvement Program) Improving safety at signalized intersections $2,005,900 9/12/2022 9/12/2022 Grant Denied N/A N/A Public Works HSIP (Highway Safety Improvement Program) Improving safety on roadway segments $3,561,800 9/12/2022 9/12/2022 Grant Awarded $3,205,620 3/15/2023 Public Works HSIP (Highway Safety Improvement Program) Improving safety on roadway segments $4,450,200 9/12/2022 9/12/2022 Grant Denied N/A N/A Public Works OBAG (One Bay Area Grant) Cycle 3 De Anza Blvd buffered bike lanes $500,000 7/27/2022 7/27/2022 Grant Denied N/A N/A Public Works Safe Streets 4 All (SS4A) Bollinger Road road diet traffic analysis, outreach and engineering design
$532,000 7/10/2023 7/10/2023 Grant Awarded $425,600 12/13/2023 Public Works Federal Community Project Funding Grant FY22 Funding for Jollyman All Inclusive Play Area $1,000,000 4/25/2022 6/10/2022 Grant Denied $1,000,000 N/A Public Works Federal Community Project Funding Grant FY22 Funding for Cupertino Library Expansion project
$1,000,000 3/25/2021 6/10/2022 Grant Awarded $1,000,000 2/15/2024 Public Works
State Specified Grant
Funding for Jollyman All Inclusive Play Area $1,000,000 3/17/2022 7/1/2022 Grant Awarded $1,000,000 N/A Public Works PG&E Community Grant Funding for Jollyman All Inclusive Play Area $25,000 8/8/2022 9/1/2022 Grant Awarded $25,000 10/3/2022 Public Works McClellan Road Bridge Reconstruction State Funding Grant $7,500,000 3/17/2022 7/1/2022 Grant Awarded $5,000,000 N/A Public Works Santa Clara County AIPG Funding for Jollyman All Inclusive Play Area $1,440,000 10/10/2018 10/12/2018 Grant Awarded $1,440,000 5/13/2019 Public Works McClellan Road Bridge Reconstruction Federal Funding Grant ‐ Ro Khanna $850,000 3/14/2023 3/17/2023 Pending Results Competitive Citywide Grants Tracking - FY25 First Quarter Update Attachment H
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Department Name of Grant Description of Grant
Requested Grant
Amount
Date
Applied Date Due
Status (Grant
Awarded,
Pending Results,
Grant Denied)
Grant Amount
Awarded Date Awarded
Competitive Citywide Grants Tracking - FY25 First Quarter Update Public Works TDA3 Funding for Tamien Innu (I‐280 Trail)‐East $1,015,022 12/1/2021 12/1/2021 Grant Awarded $1,015,022 5/25/2022 Public Works 2016 Measure B Capital Projects Funding for Tamien Innu (I‐280 Trail)‐East $920,978 12/1/2021 12/1/2021 Grant Awarded $920,978 11/12/2021 Public Works Sustainable Transportation Planning Grant Bollinger Road road diet traffic analysis, outreach and engineering design
$318,707 3/14/2023 3/14/2023 Grant Denied N/A N/A
Public Works 2016 Measure B Capital Projects Funding for Tamien Innu (I‐280 Trail)‐Central $460,000 7/1/2020 7/1/2020 Grant Awarded $460,000 7/14/2020 Public Works 2016 Measure B Capital Projects Funding for Tamien Innu (I‐280 Trail)‐Central $3,725,000 7/1/2020 7/1/2020 Grant Awarded $3,725,000 N/A Public Works Office of Traffic Safety (OTS) Bicycle and Pedestrian Education $152,000 1/31/2024 1/31/2024 Grant Awarded $160,000 10/22/2024 Public Works 2016 Measure B Noise Abatement Program Funding for Tamien Innu (I‐280 Trail)‐Central $15,000 3/23/2023 3/31/2023 Grant Denied N/A N/A Public Works State of California Proposition 68 Funding for Wilson Park Basketball Court $214,549 12/6/2021 N/A Grant Awarded $214,549 1/21/2022 Public Works BPMP (Bridge Preventative Maintenance Program) Funding for recommended preventative maintenance on local roadway bridges
$1,144,472 9/30/2020 N/A Grant Awarded $1,144,472 4/12/2023 Public Works HBP (Highway Bridge Program) Repairs to bridge 37C0011, SCB over Stevens Creek
$688,000 10/5/2018 N/A Grant Awarded $688,000 10/12/2018 Public Works BAAQMD ‐ TFCA 40% Fund (Transportation Fund for Clean Air)
Funding for year three (FY25) of Silicon Valley(SV) Hopper. $500,000 3/14/2024 3/15/2024 Grant Awarded $500,000 N/A Public Works EPA ‐ CPRG (Climate Pollution Reduction Grants Program)
Funding for years three and four of SV Hopper $4,939,988 3/27/2024 4/1/2024 Pending Results N/A N/A Public Works Community Decarbonization Engagement Grant Competitive grant for community engagement around decarbonization topics from SVCE.Grant Funds shall be disbursed to Recipient on a reimbursement basis.
$100,000 4/1/2022 4/4/2022 Grant Awarded $111,500 2/2/2023 Parks and Recreation NRPA: Supporting Healthy Aging Through Parks and Recreation 3.0
With the support of the Centers for Disease
Control and Prevention (CDC), NRPA is
offering instructor training grants for five
arthritis‐appropriate, evidence‐based
interventions (AAEBIs). Essentially, these are
physical activity classes that are proven to help
people with arthritis symptoms but can
actually benefit anyone
$0 10/20/2023 10/23/2023 Grant Awarded $0 ‐ Grant provides instructor training and
material/equipment for
the class
11/28/2023
Public Works ‐ EnvironmentalPrograms Division
EPA Recycling Education and Outreach Improve the effectiveness of residential and community recycling and composting
programs through public education andoutreach. Increase collection rates and decrease contamination across the nation
$1,400,000 2/15/2023 2/15/2023 Grant Denied N/A N/A
Public Works EPA ‐ CPRG (Climate Pollution Reduction Grants Program)
Coalition member application with San Jose
and SVCE as leads. Grant seeks to establishfunding pool for muni building electrification as part of Measure #2 in County PCAP.
$1,951,321 4/1/2024 4/1/2024 Grant Denied N/A N/A
Public Works EPA ‐ CPRG (Climate Pollution Reduction Grants Program)
Coalition member with Sunnyvale as lead.

Grant seeks to establish regional reusable to‐go
foodware systems including niche for prepared
food recovery closed systems. (Sunnyvale, San
Jose, Mountain View, San Benito County,
Cupertino)
Cupertino will not
receive funds directly
but would be part of
a regional effort.
4/1/2024 4/1/2024 Grant Denied N/A N/A
Public Works andAdministration
CalOES Hazard Mitigation Grant Program Project
Subapplication
Cupertino Civic Center Plaza Microgrid study
and construction
$979,402 6/17/2021 6/17/2021 Grant Awarded N/A N/A
Attachment H
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Department Name of Grant Description of Grant
Requested Grant
Amount
Date
Applied Date Due
Status (Grant
Awarded,
Pending Results,
Grant Denied)
Grant Amount
Awarded Date Awarded
Competitive Citywide Grants Tracking - FY25 First Quarter Update Public Works Extreme Heat and Community Resilience Program (EHCRP)
Integrated Climate Adaptation and Resilience
Program and administered by the Governor’s
Office of Planning and Research (OPR)
$900,000 5/7/2024 10/1/2024 Pending Results N/A N/A
Public Works One Bay Area Grant (OBAG) Cycle 2 Stevens Creek Blvd Protected Bike Lanes Phase 2 $807,000 7/28/2016 N/A Grant Awarded $807,000 1/24/2022 Public Works Charging and Fueling Infrastructure (CFI)
Discretionary Grant Program
San Jose and SVCE as leads on this federal
bipartisan infrastructure grant for installing EV
Chargers near MFDs. $15M ($7.5M for San Jose,
$7.5M for SVCE territory) There is a 20% match
requirement that SVCE will contribute for
projects in SVCE territory.
$532,000 9/11/2024 N/A Pending Results N/A N/A
Attachment H
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Department Name of Grant Description of Grant
RequestedGrant Amount
DateApplied Date Due
Status (GrantAwarded,Pending Results,Grant Denied) Grant Amount Awarded Date Awarded Administration Emergency Management Performance Grant (EMPG) Performance Grant (EMPG) program is one of the grant programs that constitute DHS/FEMA’s focus on all‐hazards emergency preparedness.

These grant programs are part of a comprehensive set of measures authorized by Congress and implemented by DHS. Among the goals noted in the DHS Strategic Plan, the EMPG program supports the goal to Strengthen Preparedness and Resilience.
$8,000 N/A N/A Grant Awarded $8,000 N/A
Administration Emergency Management Performance Grant (EMPG) Performance Grant (EMPG) program is one of the grant programs that constitute DHS/FEMA’s focus on all‐hazards emergency preparedness.

These grant programs are part of a comprehensive set of measures authorized by Congress and implemented by DHS. Among the goals noted in the DHS Strategic Plan, the EMPG program supports the goal to Strengthen Preparedness and Resilience.
$11,000 N/A N/A Grant Awarded $11,000 N/A
Public Works Energy Efficiency Community Block Grant EECBG funds for use in developing energy efficiency services or strategies, code enforcement, other uses
$139,518 N/A 4/28/2023 Grant Awarded $139,518 7/2/2024
Public Works Reach Codes/Building Codes Silicon Valley Clean Energy grant to support reach codes development $10,000 3/18/2022 4/30/2022 Grant Reserved $10,000 11/30/2022 CommunityDevelopmentDepartment
Homeless Services and Supports A matching grant of $50,000 for the City of Cupertino, which currently funds several assistance programs for unhoused residents. These programs include Haven to Home, a program run by West Valley Community Services that offers bus passes, laundry quarters, hygiene kits, foods assistance, and other forms of assistance, as well as a Rotating Safe Car Park program that serves Saratoga and Cupertino and is operated by Amigos de Guadalupe and West Valley Community Services.
$50,000 5/10/2023 5/10/2023 Awarded $50,000 5/10/2023
Administration/
CommunityDevelopmentDepartment
Homeless Services and Supports A matching grant of $50,000 for the City of Cupertino, which currently funds several assistance programs for unhoused residents. These programs include Haven to Home, a program run by West Valley Community Services that offers bus passes, laundry quarters, hygiene kits, foods assistance, and other forms of assistance, as well as a Rotating Safe Car Park program that serves Saratoga and Cupertino and is operated by Amigos de Guadalupe and West Valley Community Services. Use of the additional $50k will be determined. $50,000 4/29/2024 4/29/2024 Grant Awarded $50,000 TBD
CommunityDevelopmentDepartment
Community Development Block Grant (CDBG) U.S. Dept of Housing & Urban Development (HUD) Federal Entitlement Allocation ‐ FY 2021‐22
$412,800 8/26/2021 Annually: 6/30 Grant Awarded $412,800 2/25/2021 CommunityDevelopmentDepartment
Community Development Block Grant (CDBG) U.S. Dept of Housing & Urban Development (HUD) Federal Entitlement Allocation ‐ FY 2022‐23
$388,459 10/5/2022 Annually: 6/30 Grant Awarded $388,459 9/26/2022 CommunityDevelopmentDepartment
Community Development Block Grant (CDBG) U.S. Dept of Housing & Urban Development (HUD) Federal Entitlement Allocation ‐ FY 2023‐24
$358,910 N/A Annually: 6/30 Grant Awarded $358,910 7/21/2023 CommunityDevelopmentDepartment
Community Development Block Grant (CDBG) U.S. Dept of Housing & Urban Development (HUD) Federal Entitlement Allocation ‐ FY 2024‐25
$173,313 N/A Annually: 6/30 Grant Awarded $173,313
CommunityDevelopmentDepartment
CDBG‐CV CARES Act Funding U.S. Dept of Housing & Urban Development (HUD) Emergency COVID Allocation
$553,939 8/26/2021 6/30/2022 Grant Awarded $553,939 8/20/2021 CommunityDevelopmentDepartment
Regional Early Action Planning (REAP) Grants of 2021 CA Dept of Housing & Development (HCD) funding and technical assistance for implementation of the Housing Element to streamline housing approvals
$52,613 11/1/2022 11/1/2022 Grant Awarded $52,613 12/1/2022 Non-Competitive Citywide Grants Tracking - FY25 First Quarter Update Attachment H
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Department Name of Grant Description of Grant
RequestedGrant Amount
DateApplied Date Due
Status (GrantAwarded,Pending Results,Grant Denied) Grant Amount Awarded Date Awarded Non-Competitive Citywide Grants Tracking - FY25 First Quarter Update CommunityDevelopmentDepartment
Santa Clara County Permanent Local Housing Allocation
(PLHA) Consortium
CA Dept of Housing & Community Development (HCD) $165,510 12/15/2021 12/30/2021 Grant Awarded to County PLHA
Consortium
$165,510 N/A
CommunityDevelopmentDepartment
Santa Clara County Permanent Local Housing Allocation
(PLHA) Consortium
CA Dept of Housing & Community Development (HCD) $257,254 12/15/2021 12/30/2021 Grant Awarded to County PLHA
Consortium
$257,254 N/A
CommunityDevelopmentDepartment
Santa Clara County Permanent Local Housing Allocation
(PLHA) Consortium
CA Dept of Housing & Community Development (HCD) $283,100 12/15/2021 12/30/2021 Grant Awarded to County PLHA
Consortium
$283,100 N/A
CommunityDevelopmentDepartment
Santa Clara County Permanent Local Housing Allocation
(PLHA) Consortium
CA Dept of Housing & Community Development (HCD) $141,890 12/15/2021 12/30/2021 Grant Awarded to County PLHA
Consortium
$141,890 N/A
CommunityDevelopmentDepartment
Santa Clara County Permanent Local Housing Allocation
(PLHA) Consortium
CA Dept of Housing & Community Development (HCD) $108,754 12/15/2021 12/30/2021 Grant Awarded to County PLHA
Consortium
$108,754 N/A
Innovation and
Technology
California Automated Permit Processing (CalAPP) Program CalAPP is proving a one time grant for the enhancement of Solar permit applications
$60,000 2/15/2023 5/31/2027 Grant Awarded $60,000 4/4/2023 Parks and Recreation Community Fourth of July Fireworks Events The County of Santa Clara allocates a total of $25,000 to sponsor up to two fireworks events in each of the five supervisorial districts ($5,000 per district). The County’s fireworks grant program, which was suspended for three years during the COVID‐19 pandemic, returns for 2023. $5,000 3/15/2023 3/31/2023 Awarded $3,750 5/2/2023
Public Works Bicycle/Pedestrian Education & Encouragement 2016 Measure B $33,090 9/8/2022 N/A Grant Awarded $33,090 9/29/2022 Public Works Sustainable Infrastructure/Energy Resiliency Grant To support energy resiliency capital improvements $255,798 6/29/2022 N/A Grant Awarded $255,798 6/29/2022 Public Works Community Resilience Program ‐ Capital Projects Grant with SVCE
Grant to purchase two transportable EV Solar Charging infrastructureand trailer units. $223,665 11/8/2023 N/A Grant Awarded $223,665 Purchase
Complete
Public Works DOE Energy Efficiency and Conservation Block Grant Equipment rebate to cover a conversion of streetlights to LED fixtures $139,000 4/25/2024 4/30/2024 Pending Results Pending Pending Public Works CalRecycle SB 1383 Local Assistance Grant Program ‐ 2022 cycle
Grant program meant to provide aid in the implementation of regulation requirements associated with SB 1383.
$83,693 1/21/2022 2/1/2022 Grant Awarded $83,693 4/27/2022 Attachment H
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Department Name of Grant Description of Grant
RequestedGrant Amount
DateApplied Date Due
Status (GrantAwarded,Pending Results,Grant Denied) Grant Amount Awarded Date Awarded Non-Competitive Citywide Grants Tracking - FY25 First Quarter Update Public Works CalRecycle Beverage Container Recycling City/County Payment Program
Provide opportunities for beverage container recycling. Allowable uses include 2 staff attending annual CA Resource Recovery Association conference, water refill stations, and recycling receptacles. $14,812 Funds must be
expensed
between
5/03/2022 ‐
4/1/2024
Annually: dates
vary
Grant Awarded $14,812 5/28/2021
Public Works CalRecycle Beverage Container Recycling City/County Payment Program
Provide opportunities for beverage container recycling. Allowable uses include 2 staff attending annual CA Resource Recovery Association conference, water refill stations, and recycling receptacles. $15,158 Funds must be
expensed
between
4/13/2023‐
3/1/2025
Annually: dates
vary
Grant Awarded $15,158 4/13/2023
Public Works CalRecycle Beverage Container Recycling City/County Payment Program
Provide opportunities for beverage container recycling. Allowable uses include 2 staff attending annual CA Resource Recovery Association conference, water refill stations, and recycling receptacles. $15,137 12/15/2023 Annually: dates
vary
Pending Results $15,137 N/A
Public Works CalRecycle SB 1383 Local Assistance Grant Program ‐ 2023 cycle
Grant program meant to provide aid in the implementation of regulation requirements associated with SB 1383.
$161,264 11/14/2023 11/15/2023 Grant Awarded This cycle will be reimbursement‐based
instead of pre‐paid.

This cycle will
be
reimbursement‐
based instead of
pre‐paid.

Public Works TDA3 Funding for De Anza Blvd Buffered Bike Lanes $166,259 5/24/2023 5/26/2023 Grant Awarded $166,259 10/5/2023 Public Works TDA3 Active Transportation Plan $330,000 5/16/2024 5/16/2024 Grant Awarded $330,000 10/3/2024 Attachment H
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Attachment I
CIP PROJECT AND STAFFING UPDATE September 30, 2024
Q1 - FY2024 – 2025 (July - September 2024):

Status of Current CIP Projects
The categories below directly correlate to the categories in the five-year CIP Schedule. Furthermore, the projects are color-coded to illustrate the type of project. These ‘types’ are somewhat intuitively, rather than effectively ascribed to the projects, as many projects would fall into multiple categories.

Facilities related CIP Projects (orange) – 5 active projects, 4 queued, 1 completed Parks and Recreation System related CIP Projects (green) - 4 active projects, 1 completed Streets and Infrastructure-related CIP Projects (red) – 6 active projects, 1 completed Traffic, Bike and Pedestrian related CIP Projects (blue) – 7 active projects, 1 queued, 1 completed Total: 22 active projects, 5 queued, 4 completed.

COMPLETED PROJECTS
Project Title Description Notes
BCA Implementation:
sports center fire
control panel
Implement recommendations
identified as a priority in the
Comprehensive Facility Condition and
Use Assessment.

Sports Center Fire Panel Replacement
completed.

Regnart Road
Improvements
Phase 1 will construct a retaining wall
to stabilize the road slope to the creek
from Sta 28+40 to 29+80 (+/-140 LF).

Completed in July 2024.

McClellan Road
Separated Bike
Corridor, Phase 3
Improve pedestrian and bicycle safety
by reconfiguring the intersection and
vehicle movements. (Externally
Funded, in part)
Completed in June 2024.

Blackberry Farm Pool
Improvements
Make improvements to the pools and
facility related to safety, accessibility,
and maintenance.

Completed in October 2024.
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