Cupertino City Council
December 3, 2024

a period of thirty (30) days after the effective date of termination, unless authorized by City. City shall be entitled to any post- termination assistance generally made available with respect to the Services; unless a unique data retrieval arrangement has been established as part of the SLA. Software Provider shall securely dispose of all requested data in all of its forms, including disk, CD/DVD, backup tape, and paper, when requested by City. Data shall be permanently deleted and shall not be recoverable, according to National Institute of Standards and Technology (NIST)- approved methods. Certificates of destruction shall be provided to City.

17. WARRANTY AND WARRANTY DISCLAIMER
Software Provider warrants that, (i) the Services shall be provided in a diligent, professional, and workmanlike manner in accordance with industry standards, ( ii) the Services provided under this Agreement do not infringe or misappropriate any intellectual property rights of any third party, and ( iii) the Services shall substantially perform in all material respects as described in the SLA. In the event of any breach of section ( iii), above, Software Provider shall, as its sole liability and as City’s sole remedy, repair or replace the Services that are subject to the warranty claim at no cost to City, or if Software Provider is unable to repair or replace, then it will refund any pre-paid fees for services not rendered. Except for the warranty described in this section, the Services are provided without warranty of any kind, express or implied, including, but not limited to, the implied warranties or conditions of design, merchantability, fitness for a particular purpose, and any warranties of title and non-infringement.

18. COMPLIANCE
Software Provider shall comply with all state or federal laws and all ordinances, rules, policies, and regulations enacted or issued by City.

19. CONFLICT OF LAW
This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. Any suits brought pursuant to this Agreement shall be filed with the Superior Court for the County of Santa Clara, State of California.

20. ADVERTISEMENT
Software Provider shall not post, exhibit, or display, or allow to be posted, exhibited, or displayed, any signs, advertising, show bills, lithographs, posters, or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise.

21. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Software Provider. In the event that any Service Level Agreement, Exhibit, 465
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associated instrument, or agreement executed by the Parties in conjunction with this Agreement or prior thereto contains a term that conflicts with the terms of this Agreement, the terms of this Agreement shall govern and supersede any other document or Exhibit.

22. AUTHORITY
The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

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

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

Christopher D. Jensen
City Attorney
ATTEST:

City Clerk
Date

SOFTWARE PROVIDER

SIMPLIGOV LLC
By ___________________
Title ___________________
Date __________________
COO
Mar 29, 2022
Christopher D. Jensen
Acting CTO
Mar 30, 2022
Mar 30, 2022
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Contact Name
Contact Title
Company
Address Address
Phone
Email
Unit Price Term ( Yrs) Quantity Extended Price
1 20, 000. 00$ 1.00 1 20, 000$
2 200. 00$ - 50 10, 000$
20, 000$
10,000$
30, 000$
1 20, 000. 00$ 1.00 1 20, 000$
2 200. 00$ - 50 10, 000$
20, 000$
10,000$
30, 000$
1 20, 000. 00$ 1.00 1 20, 000$
2 200. 00$ - 50 10, 000$
20, 000$
10,000$
30, 000$
Additional storage is available if needed at $3k/TB
Total Implementation Price
Total Year 3 Price

SAPGOVPL
Year 3: SimpliGov Automation Platform Base Subscription includes unlimited workflows and analytics bundle 12 month subscription. Includes 20, 000 transactions and . 25 TBs of storage.* Hosted in the Azure Government Cloud and includes 4 environments staging, preproduction, training and production).

SAPPROSVC
SimpliGov Platform Success ( Per hour) - Provides SimpliGov Automation Platform implementation, training, supervision, program implementation, project development & management, design, configuration, product development support across multi- functional project implementation teams. Work to be directed and approved by customer.

Total Year 3 Subscription Price
SKU

SAPGOVPL

SAPPROSVC

SAPGOVPL
Year 2: SimpliGov Automation Platform Base Subscription includes unlimited workflows and analytics bundle 12 month subscription. Includes 20, 000 transactions and . 25 TBs of storage.* Hosted in the Azure Government Cloud and includes 4 environments staging, preproduction, training and production).

SAPPROSVC
SimpliGov Platform Success ( Per hour) - Provides SimpliGov Automation Platform implementation, training, supervision, program implementation, project development & management, design, configuration, product development support across multi- functional project implementation teams. Work to be directed and approved by customer.

Total Year 2 Subscription Price
Total Implementation Price
Total Year 2 Price
Phone 408. 777. 3311 916. 712. 0793
Email terig@cupertino. org tbare@simpligov. com
Description
Year 1: SimpliGov Automation Platform Base Subscription includes unlimited workflows and analytics bundle 12 month subscription. Includes 20, 000 transactions and . 25 TBs of storage.* Hosted in the Azure Government Cloud and includes 4 environments staging, preproduction, training and production).

SimpliGov Platform Success ( Per hour) - Provides SimpliGov Automation Platform implementation, training, supervision, program implementation, project development & management, design, configuration, product development support across multi- functional project implementation teams. Work to be directed and approved by customer.

Total Year 1 Price
Total Implementation Price
Total Year 1 Subscription Price
Statement of Work
Customer Details SimpliGov Sales Representative Details Contact Name Teri Gerhardt Troy Bare
1724 10th Street, Suite 115, Sacramento, CA 95811
Contact Title Manager- Innovation Technology Regional Sales Director Organization City of Cupertino SimpliGov, LLC

EXHIBIT A
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Technical Support Service Guidelines
Priority Response
Time
Target
Resolution
Time
Priority 1/ -
ASAP
4 business
hours
1 business
day
Priority 1
1 business
day
10 business
days
Priority 2
2 business
days
15 business
days
Priority 3
5 business
days One month
Service Level Agreement
A. The Services will be accessible 98% of the time, 7 days per week, and 24 hours per day (“Uptime Commitment”), as calculated over a calendar month. Uptime Commitment shall not apply to, and SimpliGov will not be responsible for, any downtime which: 1) lasts less than 15 minutes; 2) results from Scheduled Downtime; 3) results from the failure of communication or telephone access service or other outside service or equipment or software not the fault of SimpliGov, including without limitation general network outages; 4) is caused by a third party not under SimpliGov’ s control; 5) is a result of causes beyond the reasonable control of SimpliGov; or 6) results from failures of the system or the Client API Kit.

B. If SimpliGov fails to meet its Uptime Commitment in any given month, Client’s sole remedy and SimpliGov’ s entire liability will be for SimpliGov to credit Client’s account with “Service Level Credits”, to be applied against Client’s next billing period as follows:

C. To receive a Service Level Credit, Client must submit a written request for a Service Level Credit to Client’s designated account manager or the SimpliGov support team. To be eligible, the request must (i) include the dates and times of each incident of downtime experienced by Client in the preceding month; and (ii) be received by SimpliGov within ten business days after the end of the billing cycle in which the downtime occurred.

D. Upon receipt of a Service Level Credit request in compliance with the above requirements, SimpliGov shall have 30 days to review the request and to validate the information provided. If SimpliGov determines in good faith that the Services failed to meet the Uptime Commitment as alleged in such a request, then SimpliGov will apply such Service Level Credits to Client’s immediately succeeding billing period. Client’s failure to comply with the provisions of Section 2.C. above will disqualify it from receiving a Service Level Credit.

1. Scheduled Downtime. When needed, SimpliGov will schedule downtime for routine maintenance or system upgrades (“Scheduled Downtime”) for the Service. SimpliGov shall exercise commercially reasonable efforts to schedule Scheduled Downtime outside of peak traffic periods. SimpliGov will use commercially reasonable efforts to notify Client’s designated contact at least one calendar week prior to the occurrence of Scheduled Downtime.

2. Uptime Commitment.
1 hours to 2 hours
2 hours to 24 hours
Service Level Credits
1 day prorated monthly Subscription Fees
3 days prorated monthly Subscription Fees
No. of Hours Below Uptime Commitment

5. Client Responsibilities. During the Subscription Term, Client shall: (i) provide supervision, control and management of the use of the SimpliGov Automation Platform Services; (ii) document and promptly report all errors or malfunctions; and (iii) take all steps reasonably necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures have been received from SimpliGov.

The issue renders the mission critical real-time processing features and functionalities of the SimpliGov Automation Platform Services completely unavailable, unresponsive, or inoperable, and there is no workaround.

Description
Process cannot complete and there is no workaround, but the condition does not interrupt all functions of the SimpliGov Automation Platform Services.

Process cannot complete, but there is a workaround that allows Client to use the SimpliGov Automation Platform Services.

This priority addresses “ cosmetic” type calls with no financial or processing impact.

1. Liaison. Client will appoint a technical liaison to communicate with SimpliGov with respect to the resolution of technical problems (the “Liaison”), who shall complete reasonable training with SimpliGov to enable the Liaison to train users and correct problems caused by user error, assist users with the resolution of known issues, and obtain sufficient information from user’s to adequately report problems to SimpliGov. Client may change such liaison from time to time at reasonable intervals upon written notice to SimpliGov and completion of applicable training by the successor Liaison. SimpliGov will not be obligated to respond or provide technical support to any person other than the designated liaison.

2. Technical Support Hours and Methods. SimpliGov shall use commercially reasonable efforts to provide email and phone technical support to Client’s Liaison during regular business hours, M-F 9 a.m. to 5 p.m. Pacific Time. Problems may be reported any time, however, SimpliGov will not be obligated to assign work after business hours (9 a.m. to 5 p.m. Pacific Time) to problems that are not classified as Priority 1/ASAP.

3. Holidays. SimpliGov observes the following holidays: New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve Day, and Christmas Day.

4. Priority. Upon receiving a call or request, SimpliGov will classify and prioritize the problem according to the following criteria (it being understood that in the event that SimpliGov completes a workaround that relegates the applicable problem to a lower priority level, the service levels applicable to that lower priority level will apply going forward):
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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 10 (04/13). 469
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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 inthis 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. 470
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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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ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT
NAME:

FAXPHONE
A/C, No, Ext): A/C, No):(
E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER EXPTYPEPOLICY EFF POLICYOF INSURANCE MM/ LIMITS( DD/YYYY)( MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
RENTEDCLAIMS- DAMAGE TO MADE OCCUR $
PREMISES ( Ea occurrence)
MED EXP (Any one person)$
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $

PRO- POLICY AGGJECT LOC PRODUCTS - COMP/OP
OTHER:$

COMBINED SINGLE LIMIT
Ea accident)
ANY AUTO BODILY INJURY (Per person)$

OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident)$

HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY ( Per accident)

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTHSTATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
LIMITDESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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.

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

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

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must 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).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 ( 2016/ 03) 1988- 2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
The ACORD name and logo are registered marks of ACORD
3/22/2022
License # 0757776
415) 276-2800 ( 951) 231-2572
11000
SimpliGov LLC
1724 10th Street, Suite 115
Sacramento, CA 95811
11770
914
15792
A 2,000, 000
X X 57SBABK7085 6/25/ 2021 6/25/ 2022 1,000, 000
10, 000
2,000, 000
4,000, 000
4,000, 000
000B1,000,
01856800- 4 2/26/ 2022 8/26/ 2022
000A3,000,
57SBABK7085 6/25/ 2021 6/25/ 2022 3,000, 000
10,000
C
X 57WECAB5D4X 5/11/ 2021 5/11/ 2022 1,000, 000
Y
1,000, 000
1,000, 000
D Cyber / E& O W23C0F210401 7/6/2021 Limit 5,000, 000
Revised 3/22/2022 - This certificate rescinds and supersedes any and all prior certificates issued on behalf of the Named Insured.

City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are Additional Insured with regard to the General Liability policy, per the attached endorsement form SS 12 11 04 05 T. Waiver of Subrogation applies to the General Liability policy, when required by written contract, per the attached endorsement form SS 00 08 04 05. Waiver of Subrogation with regard to Workers Compensation applies when required by written contract per the attached endorsement form WC 04 03 06. Endorsement attached for Name change of the Insured.

City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014- 3202
SIMPLIG- 01 KCHANDRA
HUB International Insurance Services Inc.

PO Box 4047
Concord, CA 94524- 4047
Wendy Delgado
cal.cpu@hubinternational. com
Sentinel Insurance Company, Ltd.

United Financial Casualty Company
Hartford Insurance Group
Lloyd's of London
X
7/6/2022
X
X
X
X
X
X
X
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REGIONAL OFFICE INSTRUCTION SHEET
POLICY NUMBER: 57 SBA BK7085 SC
CHANGE NUMBER: 003
CHANGE EFF DATE: 03/ 15/ 22

ROUTING INSTRUCTIONS
SEND TO RECORDS. TRANSFER CORR IF APPLICABLE.

TERMINAL ID: TCPC2023 OPER INIT: JMO
03/ 16/ 22 57 SBA BK7085 SC ( 06/ 25/ 22) PAGE 1
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POLICY FACE SHEET
85 70 INSURER:

BK SENTINEL INSURANCE COMPANY, LIMITED
SBA
CHANGE NO.: 003
CHANGE EFF DATE: 03/ 15/ 22
POLICY NO. 57 SBA BK7085 SC RECORDS RETENTION - PERMANENT

DECLARATIONS
ITEMS

1. NAMED INSURED AND SIMPLIGOV, LLC
MAILING ADDRESS: 1724 10TH ST UNIT 115

SACRAMENTO, SACRAMENTO
CA. 95811

2. POLICY PERIOD: 06/ 25/ 21 06/ 25/ 22 1

INCEPTION EXPIRATION YEAR
AGENT' S CODE: 555593
AGENT' S NAME: HUB INTERNATIONAL INS SERVICES INC
PREVIOUS POLICY NO. 57 SBA BK7085

3. THE NAMED INSURED IS: LIMITED LIAB CORP
POLICY STATUS: ACTIVE
LOB LEVEL OF SUPPORT: SP- S
MARKET SEGMENTATION: 830
AUDIT PERIOD: ANNUAL

SELECT CUSTOMER
DIRECT ACCOUNT BILL NUMBER - 15412462

DEDUCTIBLE

ADDITIONAL INSURED( S)

CODING ENTRY NOT REQUIRED
TRANS TYPE: ENDT CNTL#: 004
POLICY FACE SHEET TERMINAL ID: TCPC2023 PAGE 2
03/ 16/ 22 57 SBA BK7085 SC ( 06/ 25/ 22)
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001 ( CONTINUED ON NEXT PAGE)
03/ 16/ 22 06/ 25/ 21
06/ 25/ 22
57 SBA BK7085 SC

SIMPLIGOV, LLC
1724 10TH ST UNIT 115
SACRAMENTO CA 95811
03/ 15/ 22
003

HUB INTERNATIONAL INS SERVICES INC
555593

SENTINEL INSURANCE COMPANY, LIMITED

ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT. IF YOU ARE ENROLLED IN REPETITIVE EFT DRAWS FROM YOUR BANK ACCOUNT, CHANGES IN PREMIUM WILL CHANGE FUTURE DRAW AMOUNTS.

THIS IS NOT A BILL.

NO PREMIUM DUE AS OF POLICY CHANGE EFFECTIVE DATE

BUSINESS LIABILITY OPTIONAL COVERAGES ARE REVISED

ADDITIONAL INSURED( S) ARE ADDED

THE FOLLOWING ARE ADDITIONAL INSURED FOR BUSINESS LIABILITY COVERAGE IN THIS POLICY.

LOCATION 001 BUILDING 001
PERSON/ ORGANIZATION: SEE FORM IH 12 00
FORM NUMBERS OF ENDORSEMENTS REVISED AT ENDORSEMENT ISSUE:

PRO RATA FACTOR: 0. 279
THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN.

Form SS 12 11 04 05 T Page
Process Date: Policy Effective Date:

Policy Expiration Date:
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002
03/ 16/ 22 06/ 25/ 21
06/ 25/ 22
57 SBA BK7085
003
IH12001185 ADDITIONAL INSURED - PERSON- ORGANIZATION
Form SS 12 11 04 05 T Page
Process Date: Policy Effective Date:

Policy Expiration Date:

POLICY CHANGE ( Continued)
Policy Number:

Policy Change Number:
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57 SBA BK7085

ADDITIONAL INSURED - PERSON- ORGANIZATION
LOC 001 BLDG 001

THE CITY OF CUPERTINO, ITS CITY COUNCIL, OFFICERS, OFFICIALS,

EMPLOYEES, AGENTS, SERVANTS AND VOLUNTEERS
10300 TORRE AVENUE
CUPERTINO, CA 95014
003 001
03/ 16/ 22 06/ 25/ 22
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PRODUCER' S FACT SHEET
NAMED INSURED: SIMPLIGOV, LLC
POL #: 57 SBA BK7085 SC
PRODUCER' S NAME: PRODUCER' S CODE: 555593

HUB INTERNATIONAL INS SERVICES INC
POL EFF DATE: 06/ 25/ 21 POL EXP DATE: 06/ 25/ 22 TRANS EFF DATE: 03/ 15/ 22 DIRECT ACCOUNT BILL NUMBER - 15412462
TRANSACTION TYPE: ENDORSEMENT CHANGE NO.: 003
ENDORSEMENT PREMIUM:$ 0. 00

NON- PREMIUM BEARING

FORM TITLE
SS 12 11 04 05 POLICY CHANGE
IH 12 00 11 85 ADDITIONAL INSURED - PERSON- ORGANIZATION PRODUCER' S FACT SHEET PAGE 1
03/ 16/ 22 57 SBA BK7085 SC ( 06/ 25/ 22)
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Form SS 00 08 04 05 Page 1 of 24
2005, The Hartford

BUSINESS LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.

Throughout this policy the words " you" and "your" refer to the Named Insured shown in the Declarations. The words we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance.

The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured.

Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions.

A. COVERAGES

1. BUSINESS LIABILITY COVERAGE ( BODILY

INJURY, PROPERTY DAMAGE, PERSONAL

AND ADVERTISING INJURY)
Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as
damages because of " bodily injury",
property damage" or " personal and
advertising injury" to which this insurance
applies. We will have the right and duty to
defend the insured against any " suit"
seeking those damages. However, we will
have no duty to defend the insured against
any " suit" seeking damages for " bodily
injury", " property damage" or "personal and
advertising injury" to which this insurance
does not apply.

We may, at our discretion, investigate any
occurrence" or offense and settle any claim
or "suit" that may result. But:
1) The amount we will pay for damages is
limited as described in Section D.-
Liability And Medical Expenses Limits
Of Insurance; and
2) Our right and duty to defend ends when
we have used up the applicable limit of
insurance in the payment of judgments,
settlements or medical expenses to which
this insurance applies.

No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Coverage
Extension - Supplementary Payments.
b. This insurance applies:
1) To " bodily injury" and " property
damage" only if:
a) The " bodily injury" or " property
damage" is caused by an
occurrence" that takes place in the
coverage territory";
b) The " bodily injury" or " property
damage" occurs during the policy
period; and
c) Prior to the policy period, no insured
listed under Paragraph 1. of Section
C.– WhoIsAnInsuredandno
employee" authorized by you to give
or receive notice of an " occurrence"
or claim, knew that the "bodily injury"
or " property damage" had occurred,
in whole or in part. If such a listed
insuredorauthorized" employee"
knew, prior to the policy period, that
the " bodily injury" or " property
damage" occurred, then any
continuation, change or resumption
of such " bodily injury" or " property
damage" during or after the policy
period will be deemed to have been
known prior to the policy period.
2) To " personal and advertising injury"
caused by an offense arising out of your
business, but only if the offense was
committed in the " coverage territory"
during the policy period.
c." Bodily injury" or "property damage" will be
deemed to have been known to have
occurred at the earliest time when any
insured listed under Paragraph 1. of Section
C.– Who Is An Insured or any " employee"
authorized by you to give or receive notice
of an "occurrence" or claim:
1) Reports all, or any part, of the " bodily
injury" or " property damage" to us or
any other insurer;
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2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
3) Becomes aware by any other means that
bodily injury" or " property damage" has
occurred or has begun to occur.
d. Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or
death resulting at any time from the " bodily
injury".
e. Incidental Medical Malpractice
1)" Bodily injury" arising out of the
rendering of or failure to render
professional health care services as a
physician, dentist, nurse, emergency
medical technician or paramedic shall
be deemed to be caused by an
occurrence", but only if:
a) The physician, dentist, nurse,
emergency medical technician or
paramedic is employed by you to
provide such services; and
b) You are not engaged in the
business or occupation of providing
such services.
2) For the purpose of determining the
limits of insurance for incidental medical
malpractice, any act or omission
together with all related acts or
omissions in the furnishing of these
services to any one person will be
considered one "occurrence".

2. MEDICAL EXPENSES
Insuring Agreement
a. We will pay medical expenses as described
below for " bodily injury" caused by an
accident:
1) On premises you own or rent;
2) On ways next to premises you own or
rent; or
3) Because of your operations;
provided that:
1) The accident takes place in the
coverage territory" and during the
policy period;
2) The expenses are incurred and reported
to us within three years of the date of
the accident; and
3) The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
b. We will make these payments regardless of
fault. These payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses for:
1) First aid administered at the time of an
accident;
2) Necessary medical, surgical, x-ray and
dental services, including prosthetic
devices; and
3) Necessary ambulance, hospital,
professional nursing and funeral
services.

3. COVERAGE EXTENSION -

SUPPLEMENTARY PAYMENTS
a. We will pay, with respect to any claim or
suit" we investigate or settle, or any " suit"
against an insured we defend:
1) All expenses we incur.
2) Up to $1,000 for the cost of bail bonds
required because of accidents or traffic
law violations arising out of the use of
any vehicle to which Business Liability
Coverage for "bodily injury" applies. We
do not have to furnish these bonds.
3) The cost of appeal bonds or bonds to
release attachments, but only for bond
amounts within the applicable limit of
insurance. We do not have to furnish
these bonds.
4) All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or
suit", including actual loss of earnings
up to $ 500 a day because of time off
from work.
5) All costs taxed against the insured in
the "suit".
6) Prejudgment interest awarded against
the insured on that part of the judgment
we pay. If we make an offer to pay the
applicable limit of insurance, we will not
pay any prejudgment interest based on
that period of time after the offer.
7) All interest on the full amount of any
judgment that accrues after entry of the
judgment and before we have paid,
offered to pay, or deposited in court the
part of the judgment that is within the
applicable limit of insurance.

Any amounts paid under ( 1) through ( 7)
above will not reduce the limits of insurance.
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b. If we defend an insured against a " suit"
and an indemnitee of the insured is also
named as a party to the " suit", we will
defend that indemnitee if all of the
following conditions are met:
1) The " suit" against the indemnitee
seeks damages for which the insured
has assumed the liability of the
indemnitee in a contract or agreement
that is an "insured contract";
2) This insurance applies to such liability
assumed by the insured;
3) The obligation to defend, or the cost of
the defense of, that indemnitee, has
also been assumed by the insured in
the same "insured contract";
4) The allegations in the " suit" and the
information we know about the
occurrence" are such that no conflict
appears to exist between the interests
of the insured and the interest of the
indemnitee;
5) The indemnitee and the insured ask
us to conduct and control the defense
of that indemnitee against such " suit"
and agree that we can assign the
same counsel to defend the insured
and the indemnitee; and
6) The indemnitee:
a) Agrees in writing to:
i) Cooperate with us in the
investigation, settlement or
defense of the "suit";
ii) Immediately send us copies of
any demands, notices,
summonses or legal papers
received in connection with
the "suit";
iii) Notify any other insurer whose
coverage is available to the
indemnitee; and
iv) Cooperate with us with
respect to coordinating other
applicable insurance available
to the indemnitee; and
b) Provides us with written
authorization to:
i) Obtain records and other
information related to the
suit"; and
ii) Conduct and control the
defense of the indemnitee in
such "suit".

So long as the above conditions are met,
attorneys' fees incurred by us in the
defense of that indemnitee, necessary
litigation expenses incurred by us and
necessary litigation expenses incurred
by the indemnitee at our request will be
paid as Supplementary Payments.

Notwithstanding the provisions of
Paragraph 1.b.(b) of Section B.–
Exclusions, such payments will not be
deemed to be damages for " bodily
injury" and "property damage" and will
not reduce the Limits of Insurance.

Our obligation to defend an insured's
indemnitee and to pay for attorneys' fees
and necessary litigation expenses as
Supplementary Payments ends when:
1) We have used up the applicable limit
of insurance in the payment of
judgments or settlements; or
2) The conditions set forth above, or the
terms of the agreement described in
Paragraph ( 6) above, are no longer met.

B. EXCLUSIONS

1. Applicable To Business Liability Coverage
This insurance does not apply to:
a. Expected Or Intended Injury
1)" Bodily injury" or " property damage"
expected or intended from the
standpoint of the insured. This
exclusion does not apply to " bodily
injury" or " property damage" resulting
from the use of reasonable force to
protect persons or property; or
2)" Personal and advertising injury" arising
out of an offense committed by, at the
direction of or with the consent or
acquiescence of the insured with the
expectation of inflicting " personal and
advertising injury".
b. Contractual Liability
1)" Bodily injury" or "property damage"; or
2)" Personal and advertising injury"
for which the insured is obligated to pay
damages by reason of the assumption of
liability in a contract or agreement.

This exclusion does not apply to liability
for damages because of:
a)" Bodily injury", "property damage" or
personal and advertising injury" that
the insured would have in the
absence of the contract or
agreement; or
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b)" Bodily injury" or "property damage"
assumed in a contract or agreement
that is an " insured contract",
provided the " bodily injury" or
property damage" occurs
subsequent to the execution of the
contract or agreement. Solely for
the purpose of liability assumed in
an " insured contract", reasonable
attorneys' fees and necessary
litigation expenses incurred by or for
a party other than an insured are
deemed to be damages because of
bodily injury" or "property damage"
provided:
i) Liability to such party for, or for
the cost of, that party’s defense
has also been assumed in the
same "insured contract", and
ii) Such attorneys' fees and
litigation expenses are for
defense of that party against a
civil or alternative dispute
resolution proceeding in which
damages to which this
insurance applies are alleged.
c. Liquor Liability
Bodily injury" or " property damage" for
which any insured may be held liable by
reason of:
1) Causing or contributing to the
intoxication of any person;
2) The furnishing of alcoholic beverages to
a person under the legal drinking age or
under the influence of alcohol; or
3) Any statute, ordinance or regulation
relating to the sale, gift, distribution or
use of alcoholic beverages.

This exclusion applies only if you are in the
business of manufacturing, distributing,
selling, serving or furnishing alcoholic
beverages.
d. Workers' Compensation And Similar
Laws
Any obligation of the insured under a
workers' compensation, disability benefits
or unemployment compensation law or
any similar law.
e. Employer’ s Liability
Bodily injury" to:
1) An " employee" of the insured arising
out of and in the course of:
a) Employment by the insured; or
b) Performing duties related to the
conduct of the insured’s business, or
2) The spouse, child, parent, brother or
sister of that " employee" as a
consequence of (1) above.

This exclusion applies:
1) Whether the insured may be liable as
an employer or in any other capacity;
and
2) To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.

This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
f. Pollution
1)" Bodily injury", " property damage" or
personal and advertising injury"
arising out of the actual, alleged or
threatened discharge, dispersal,
seepage, migration, release or escape
of "pollutants":
a) At or from any premises, site or
location which is or was at any
time owned or occupied by, or
rented or loaned to any insured.

However, this subparagraph does
not apply to:
i)" Bodily injury" if sustained within
a building and caused by
smoke, fumes, vapor or soot
produced by or originating from
equipment that is used to heat,
cool or dehumidify the building,
or equipment that is used to
heat water for personal use, by
the building's occupants or their
guests;
ii)" Bodily injury" or " property
damage" for which you may be
held liable, if you are a
contractor and the owner or
lessee of such premises, site or
location has been added to your
policy as an additional insured
with respect to your ongoing
operations performed for that
additional insured at that
premises, site or location and
such premises, site or location
is not and never was owned or
occupied by, or rented or
loaned to, any insured, other
than that additional insured; or
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iii)"Bodily injury" or " property
damage" arising out of heat,
smoke or fumes from a
hostile fire";
b) At or from any premises, site or
location which is or was at any
time used by or for any insured or
others for the handling, storage,
disposal, processing or treatment
of waste;
c) Which are or were at any time
transported, handled, stored,
treated, disposed of, or processed
as waste by or for:
i) Any insured; or
ii) Any person or organization for
whom you may be legally
responsible;
d) At or from any premises, site or
location on which any insured or
any contractors or subcontractors
working directly or indirectly on
any insured's behalf are
performing operations if the
pollutants" are brought on or to
the premises, site or location in
connection with such operations
by such insured, contractor or
subcontractor. However, this
subparagraph does not apply to:
i)" Bodily injury" or " property
damage" arising out of the
escape of fuels, lubricants or
other operating fluids which are
needed to perform the normal
electrical, hydraulic or
mechanical functions
necessary for the operation of
mobile equipment" or its parts,
if such fuels, lubricants or other
operating fluids escape from a
vehicle part designed to hold,
store or receive them. This
exception does not apply if the
bodily injury" or " property
damage" arises out of the
intentional discharge, dispersal
or release of the fuels,
lubricants or other operating
fluids, or if such fuels,
lubricants or other operating
fluids are brought on or to the
premises, site or location with
the intent that they be
discharged, dispersed or
released as part of the
operations being performed
by such insured, contractor or
subcontractor;
ii)" Bodily injury" or " property
damage" sustained within a
building and caused by the
release of gases, fumes or
vapors from materials brought
into that building in connection
with operations being performed
by you or on your behalf by a
contractor or subcontractor; or
iii)"Bodily injury" or " property
damage" arising out of heat,
smoke or fumes from a
hostile fire"; or
e) At or from any premises, site or
location on which any insured or any
contractors or subcontractors
working directly or indirectly on any
insured’s behalf are performing
operations if the operations are to
test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize,
or in any way respond to, or assess
the effects of, "pollutants".
2) Any loss, cost or expense arising out
of any:
a) Request, demand, order or statutory
or regulatory requirement that any
insured or others test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
pollutants"; or
b) Claim or suit by or on behalf of a
governmental authority for
damages because of testing for,
monitoring, cleaning up, removing,
containing, treating, detoxifying or
neutralizing, or in any way
responding to, or assessing the
effects of, "pollutants".

However, this paragraph does not
apply to liability for damages because
of "property damage" that the insured
would have in the absence of such
request, demand, order or statutory or
regulatory requirement, or such claim
or " suit" by or on behalf of a
governmental authority.
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g. Aircraft, Auto Or Watercraft
Bodily injury" or " property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft, " auto"
or watercraft owned or operated by or rented
or loaned to any insured. Use includes
operation and "loading or unloading".

This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the " occurrence" which
caused the " bodily injury" or " property
damage" involved the ownership,
maintenance, use or entrustment to others of
any aircraft, " auto" or watercraft that is
owned or operated by or rented or loaned to
any insured.

This exclusion does not apply to:
1) A watercraft while ashore on premises
you own or rent;
2) A watercraft you do not own that is:
a) Less than 51 feet long; and
b) Not being used to carry persons
for a charge;
3) Parking an " auto" on, or on the ways
next to, premises you own or rent,
provided the "auto" is not owned by or
rented or loaned to you or the insured;
4) Liability assumed under any " insured
contract" for the ownership,
maintenance or use of aircraft or
watercraft;
5)" Bodily injury" or " property damage"
arising out of the operation of any of
the equipment listed in Paragraph f.(2)
or f.(3) of the definition of " mobile
equipment"; or
6) An aircraft that is not owned by any
insured and is hired, chartered or loaned
with a paid crew. However, this
exception does not apply if the insured
has any other insurance for such "bodily
injury" or " property damage", whether
the other insurance is primary, excess,
contingent or on any other basis.
h. Mobile Equipment
Bodily injury" or " property damage"
arising out of:
1) The transportation of "mobile equipment"
by an " auto" owned or operated by or
rented or loaned to any insured; or
2) The use of " mobile equipment" in, or
while in practice or preparation for, a
prearranged racing, speed or
demolition contest or in any stunting
activity.
i. War
Bodily injury", " property damage" or
personal and advertising injury", however
caused, arising, directly or indirectly, out of:
1) War, including undeclared or civil war;
2) Warlike action by a military force,
including action in hindering or
defending against an actual or
expected attack, by any government,
sovereign or other authority using
military personnel or other agents; or
3) Insurrection, rebellion, revolution,
usurped power, or action taken by
governmental authority in hindering or
defending against any of these.
j. Professional Services
Bodily injury", " property damage" or
personal and advertising injury" arising
out of the rendering of or failure to render
any professional service. This includes
but is not limited to:
1) Legal, accounting or advertising
services;
2) Preparing, approving, or failing to
prepare or approve maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications;
3) Supervisory, inspection, architectural
or engineering activities;
4) Medical, surgical, dental, x-ray or
nursing services treatment, advice or
instruction;
5) Any health or therapeutic service
treatment, advice or instruction;
6) Any service, treatment, advice or
instruction for the purpose of
appearance or skin enhancement, hair
removal or replacement or personal
grooming;
7) Optical or hearing aid services
including the prescribing, preparation,
fitting, demonstration or distribution of
ophthalmic lenses and similar
products or hearing aid devices;
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8) Optometry or optometric services
including but not limited to examination
of the eyes and the prescribing,
preparation, fitting,demonstration or
distribution of ophthalmic lenses and
similar products;
9) Any:
a) Body piercing ( not including ear
piercing);
b) Tattooing, including but not limited
to the insertion of pigments into or
under the skin; and
c) Similar services;
10) Services in the practice of pharmacy;
and
11) Computer consulting, design or
programming services, including web
site design.

Paragraphs ( 4) and (5) of this exclusion do
not apply to the Incidental Medical
Malpractice coverage afforded under
Paragraph 1.e. in Section A.- Coverages.
k. Damage To Property
Property damage" to:
1) Property you own, rent or occupy,
including any costs or expenses
incurred by you, or any other person,
organization or entity, for repair,
replacement, enhancement,
restoration or maintenance of such
property for any reason, including
prevention of injury to a person or
damage to another's property;
2) Premises you sell, give away or
abandon, if the "property damage" arises
out of any part of those premises;
3) Property loaned to you;
4) Personal property in the care, custody
or control of the insured;
5) That particular part of real property on
which you or any contractors or
subcontractors working directly or
indirectly on your behalf are performing
operations, if the " property damage"
arises out of those operations; or
6) That particular part of any property
that must be restored, repaired or
replaced because " your work" was
incorrectly performed on it.

Paragraphs ( 1),( 3) and ( 4) of this
exclusion do not apply to " property
damage" ( other than damage by fire) to
premises, including the contents of such
premises, rented to you for a period of 7 or
fewer consecutive days. A separate Limit
of Insurance applies to Damage To
Premises Rented To You as described in
Section D.- Limits Of Insurance.

Paragraph ( 2) of this exclusion does not
apply if the premises are " your work" and
were never occupied, rented or held for
rental by you.

Paragraphs ( 3) and (4) of this exclusion do
not apply to the use of elevators.

Paragraphs ( 3),( 4),( 5) and ( 6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.

Paragraphs ( 3) and (4) of this exclusion do
not apply to " property damage" to
borrowed equipment while not being used
to perform operations at a job site.

Paragraph ( 6) of this exclusion does not
apply to "property damage" included in the
products- completed operations hazard".
l. Damage To Your Product
Property damage" to " your product"
arising out of it or any part of it.
m. Damage To Your Work
Property damage" to " your work" arising
out of it or any part of it and included in the
products- completed operations hazard".

This exclusion does not apply if the
damaged work or the work out of which
the damage arises was performed on your
behalf by a subcontractor.
n. Damage To Impaired Property Or
Property Not Physically Injured
Property damage" to " impaired property"
or property that has not been physically
injured, arising out of:
1) A defect, deficiency, inadequacy or
dangerous condition in " your product"
or "your work"; or
2) A delay or failure by you or anyone
acting on your behalf to perform a
contract or agreement in accordance
with its terms.

This exclusion does not apply to the loss
of use of other property arising out of
sudden and accidental physical injury to
your product" or " your work" after it has
been put to its intended use.
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o. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the
loss of use, withdrawal, recall, inspection,
repair, replacement, adjustment, removal
or disposal of:
1)" Your product";
2)" Your work"; or
3)" Impaired property";
if such product, work or property is
withdrawn or recalled from the market or
from use by any person or organization
because of a known or suspected defect,
deficiency, inadequacy or dangerous
condition in it.
p. Personal And Advertising Injury
Personal and advertising injury":
1) Arising out of oral, written or electronic
publication of material, if done by or at
the direction of the insured with
knowledge of its falsity;
2) Arising out of oral, written or electronic
publication of material whose first
publication took place before the
beginning of the policy period;
3) Arising out of a criminal act committed
by or at the direction of the insured;
4) Arising out of any breach of contract,
except an implied contract to use
another’s " advertising idea" in your
advertisement";
5) Arising out of the failure of goods,
products or services to conform with
any statement of quality or
performance made in your
advertisement";
6) Arising out of the wrong description of
the price of goods, products or services;
7) Arising out of any violation of any
intellectual property rights such as
copyright, patent, trademark, trade
name, trade secret, service mark or
other designation of origin or
authenticity.

However, this exclusion does not
apply to infringement, in your
advertisement", of
a) Copyright;
b) Slogan, unless the slogan is also
a trademark, trade name, service
mark or other designation of origin
or authenticity; or
c) Title of any literary or artistic work;
8) Arising out of an offense committed by
an insured whose business is:
a) Advertising, broadcasting,
publishing or telecasting;
b) Designing or determining content
of web sites for others; or
c) An Internet search, access,
content or service provider.

However, this exclusion does not
apply to Paragraphs a., b. and c.
under the definition of " personal and
advertising injury" in Section G.–
Liability And Medical Expenses
Definitions.

For the purposes of this exclusion,
placing an " advertisement" for or
linking to others on your web site, by
itself, is not considered the business
of advertising, broadcasting,
publishing or telecasting;
9) Arising out of an electronic chat room
or bulletin board the insured hosts,
owns, or over which the insured
exercises control;
10) Arising out of the unauthorized use of
another' s name or product in your e-mail
address, domain name or metatags, or
any other similar tactics to mislead
another's potential customers;
11) Arising out of the violation of a
person's right of privacy created by
any state or federal act.

However, this exclusion does not
apply to liability for damages that the
insured would have in the absence of
such state or federal act;
12) Arising out of:
a) An " advertisement" for others on
your web site;
b) Placing a link to a web site of
others on your web site;
c) Contentfromawebsiteofothers
displayedwithinaframeorborder
on your web site. Content includes
information, code, sounds, text,
graphics or images; or
d) Computer code, software or
programming used to enable:
i) Your web site; or
ii) The presentation or functionality
of an " advertisement" or other
content on your web site;
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13) Arising out of a violation of any antitrust law;
14) Arising out of the fluctuation in price or
value of any stocks, bonds or other
securities; or
15) Arising out of discrimination or
humiliation committed by or at the
direction of any " executive officer",
director, stockholder, partner or
member of the insured.
q. Electronic Data
Damages arising out of the loss of, loss of
use of, damage to, corruption of, inability
to access, or inability to manipulate
electronic data".
r. Employment- Related Practices
Bodily injury" or "personal and advertising
injury" to:
1) A person arising out of any:
a) Refusal to employ that person;
b) Termination of that person's
employment; or
c) Employment- related practices,
policies, acts or omissions, such as
coercion, demotion, evaluation,
reassignment, discipline,
defamation, harassment, humiliation
or discrimination directed at that
person; or
2) The spouse, child, parent, brother or
sister of that person as a
consequence of " bodily injury" or
personal and advertising injury" to the
person at whom any of the
employment- related practices
described in Paragraphs ( a),( b), or(c)
above is directed.

This exclusion applies:
1) Whether the insured may be liable as
an employer or in any other capacity;
and
2) To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.
s. Asbestos
1)" Bodily injury", " property damage" or
personal and advertising injury"
arising out of the "asbestos hazard".
2) Any damages, judgments, settlements,
loss, costs or expenses that:
a) May be awarded or incurred by
reason of any claim or suit
alleging actual or threatened injury
or damage of any nature or kind to
persons or property which would
not have occurred in whole or in
part but for the "asbestos hazard";
b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or
others test for, monitor, clean up,
remove, encapsulate, contain,
treat, detoxify or neutralize or in
any way respond to or assess the
effects of an "asbestos hazard"; or
c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
t. Violation Of Statutes That Govern EMails, Fax, Phone Calls Or Other Methods Of Sending Material Or
Information
Bodily injury", " property damage", or
personal and advertising injury" arising
directly or indirectly out of any action or
omission that violates or is alleged to
violate:
1) The Telephone Consumer Protection
Act (TCPA), including any amendment
of or addition to such law;
2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such
law; or
3) Any statute, ordinance or regulation,
other than the TCPA or CAN-SPAM Act
of 2003, that prohibits or limits the
sending, transmitting, communicating or
distribution of material or information.

Damage To Premises Rented To You –
Exception For Damage By Fire, Lightning
or Explosion
Exclusions c. through h. and k. through o. do
not apply to damage by fire, lightning or
explosion to premises rented to you or
temporarily occupied by you with permission of
the owner. A separate Limit of Insurance
applies to this coverage as described in
Section D.- Liability And Medical Expenses
Limits Of Insurance.
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2. Applicable To Medical Expenses Coverage
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of
premises you own or rent that the person
normally occupies.
d. Workers' Compensation And Similar
Laws
To a person, whether or not an
employee" of any insured, if benefits for
the " bodily injury" are payable or must be
provided under a workers' compensation
or disability benefits law or a similar law.
e. Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports or athletic
contests.
f. Products-Completed Operations Hazard
Included with the " products- completed
operations hazard".
g. Business Liability Exclusions
Excluded under Business Liability Coverage.

C. WHO IS AN INSURED

1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the
conduct of a business of which you are the
sole owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c. A limited liability company, you are an
insured. Your members are also insureds,
but only with respect to the conduct of your
business. Your managers are insureds, but
only with respect to their duties as your
managers.
d. An organization other than a partnership,
joint venture or limited liability company, you
are an insured. Your "executive officers" and
directors are insureds, but only with respect
to their duties as your officers or directors.

Your stockholders are also insureds, but only
with respect to their liability as stockholders.
e. A trust, you are an insured. Your trustees
are also insureds, but only with respect to
their duties as trustees.

2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your " volunteer workers" only while
performing duties related to the conduct of
your business, or your " employees", other
than either your "executive officers" ( if you
are an organization other than a
partnership, joint venture or limited liability
company) or your managers ( if you are a
limited liability company), but only for acts
within the scope of their employment by
you or while performing duties related to
the conduct of your business.

However, none of these " employees" or
volunteer workers" are insureds for:
1)" Bodily injury" or " personal and
advertising injury":
a) To you, to your partners or
members ( if you are a partnership
or joint venture), to your members
if you are a limited liability
company), or to a co-"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other
volunteer workers" while
performing duties related to the
conduct of your business;
b) To the spouse, child, parent,
brother or sister of that coemployee" or that " volunteer worker" as a consequence of
Paragraph ( 1)(a) above;
c) For which there is any obligation
to share damages with or repay
someone else who must pay
damages because of the injury
described in Paragraphs ( 1)(a) or
b) above; or
d) Arising out of his or her providing
or failing to provide professional
health care services.

If you are not in the business of
providing professional health care
services, Paragraph ( d) does not apply
to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.
2)" Property damage" to property:
a) Owned, occupied or used by,
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b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
employees", " volunteer workers",
any partner or member ( if you are
a partnership or joint venture), or
any member ( if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
1) With respect to liability arising out of the
maintenance or use of that property; and
2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.

The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.

3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b. Coverage under this provision does not
apply to:
1)" Bodily injury" or " property damage"
that occurred; or
2)" Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.

4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.

However, no person or organization is an insured
with respect to:
a." Bodily injury" to a co-"employee" of the
person driving the equipment; or
b." Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.

However, no person or organization is an
insured with respect to:
a." Bodily injury" to a co-"employee" of the
person operating the watercraft; or
b." Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization( s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
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contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.

A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.

However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F.– Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization( s) (referred to
below as vendor), but only with respect to
bodily injury" or " property damage" arising
out of " your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for " bodily injury" or
property damage" included within the
products- completed operations hazard".
1) The insurance afforded to the vendor
is subject to the following additional
exclusions:

This insurance does not apply to:
a)" Bodily injury" or " property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.

This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
b) Any express warranty
unauthorized by you;
c) Any physical or chemical change
in the product made intentionally
by the vendor;
d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
h)" Bodily injury" or " property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
i) The exceptions contained in
Subparagraphs ( d) or (f);or
ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury", " property damage" or
personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.
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2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
occurrence" which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
a) Any " occurrence" which takes
place after you cease to lease that
land or be a tenant in that
premises; or
b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
1) Any architect, engineer, or surveyor, but
only with respect to liability for " bodily
injury", " property damage" or " personal
and advertising injury" caused, in whole
or in part, by your acts or omissions or
the acts or omissions of those acting on
your behalf:
a) In connection with your premises;
or
b) In the performance of your
ongoing operations performed by
you or on your behalf.
2) With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies:

This insurance does not apply to
bodily injury", " property damage" or
personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you, including:
a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
b) Supervisory, inspection,
architectural or engineering
activities.
e. Permits Issued By State Or Political
Subdivisions
1) Any state or political subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
a)" Bodily injury", " property damage"
or " personal and advertising
injury" arising out of operations
performed for the state or
municipality; or
b)" Bodily injury" or "property damage"
included within the " productscompleted operations hazard". f. Any Other Party
1) Any other person or organization who
is not an insured under Paragraphs a.
through e. above, but only with
respect to liability for " bodily injury",
property damage" or " personal and
advertising injury" caused, in whole or
in part, by your acts or omissions or
the acts or omissions of those acting
on your behalf:
a) In the performance of your
ongoing operations;
b) In connection with your premises
owned by or rented to you; or
c) In connection with "your work" and
included within the " productscompleted operations hazard", but only if
i) The written contract or written
agreement requires you to
provide such coverage to
such additional insured; and
ii) This Coverage Part provides
coverage for " bodily injury" or
property damage" included
within the " productscompleted operations hazard".
2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:

Bodily injury", " property damage" or
personal and advertising injury"
arising out of the rendering of, or the
failure to render, any professional
architectural, engineering or surveying
services, including:
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a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
b) Supervisory, inspection,
architectural or engineering
activities.

The limits of insurance that apply to additional
insureds are described in Section D.– Limits
Of Insurance.

How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E.– Liability And Medical Expenses
General Conditions.

No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.

D. LIABILITY AND MEDICAL EXPENSES

LIMITS OF INSURANCE

1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing " suits".

2. Aggregate Limits
The most we will pay for:
a. Damages because of " bodily injury" and
property damage" included in the
products- completed operations hazard" is
the Products- Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other " bodily
injury", " property damage" or " personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.

This General Aggregate Limit applies
separately to each of your " locations"
owned by or rented to you.

Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.

This General Aggregate limit does not
apply to " property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.

3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all " bodily injury",
property damage" and medical expenses
arising out of any one " occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.

The most we will pay for all medical expenses
because of " bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.

4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.

5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.

In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.

6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.
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If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or " suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.

The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.

E. LIABILITY AND MEDICAL EXPENSES

GENERAL CONDITIONS

1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.

2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an " occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
1) How, when and where the "occurrence"
or offense took place;
2) The names and addresses of any
injured persons and witnesses; and
3) The nature and location of any injury
or damage arising out of the
occurrence" or offense.
b. Notice Of Claim
If a claim is made or " suit" is brought
against any insured, you or any additional
insured must:
1) Immediately record the specifics of the
claim or " suit" and the date received;
and
2) Notify us as soon as practicable.

You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
1) Immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
2) Authorize us to obtain records and
other information;
3) Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
4) Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The Insured's Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insured' s Other Insurance
If we cover a claim or " suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or " suit" to the
other insurer for defense and indemnity.

However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
occurrence", offense, claim or " suit" is
known to:
1) You or any additional insured that is
an individual;
2) Any partner, if you or an additional
insured is a partnership;
3) Any manager, if you or an additional
insured is a limited liability company;
4) Any " executive officer" or insurance
manager, if you or an additional
insured is a corporation;
5) Any trustee, if you or an additional
insured is a trust; or
6) Any elected or appointed official, if you
or an additional insured is a political
subdivision or public entity.
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This Paragraph f. applies separately to
you and any additional insured.

3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for " bodily injury"
liability and " property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to " mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.

4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a " suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its terms have been fully complied
with.

A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.

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

6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
1) The statements in the Declarations
are accurate and complete;
2) Those statements are based upon
representations you made to us; and
3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.

7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g. of
Section A.– Coverages.
5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of " property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A.–
Coverages.
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6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.

However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
b) Primary And Non-Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.

Paragraphs ( a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.

When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that " suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.

When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
2) The total of all deductible and selfinsured amounts under all that other insurance.

We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer’s share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.

8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring " suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery ( Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
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F. OPTIONAL ADDITIONAL INSURED

COVERAGES
If listed or shown as applicable in the Declarations,
one or more of the following Optional Additional
Insured Coverages also apply. When any of these
Optional Additional Insured Coverages apply,
Paragraph 6.( Additional Insureds When Required
by Written Contract, Written Agreement or Permit)
of Section C., Who Is An Insured, does not apply
to the person or organization shown in the
Declarations. These coverages are subject to the
terms and conditions applicable to Business
Liability Coverage in this policy, except as
provided below:

1. Additional Insured - Designated Person Or
Organization
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization( s) shown in the
Declarations, but only with respect to liability
for " bodily injury", " property damage" or
personal and advertising injury" caused, in
whole or in part, by your acts or omissions or
the acts or omissions of those acting on your
behalf:
a. In the performance of your ongoing
operations; or
b. In connection with your premises owned
by or rented to you.

2. Additional Insured - Managers Or Lessors
Of Premises
a. WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization( s) shown in the
Declarations as an Additional Insured -
Designated Person Or Organization; but only
with respect to liability arising out of the
ownership, maintenance or use of that part of
the premises leased to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:

This insurance does not apply to:
1) Any " occurrence" which takes place
after you cease to be a tenant in that
premises; or
2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.

3. Additional Insured - Grantor Of Franchise
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization( s) shown in the
Declarations as an Additional Insured -
Grantor Of Franchise, but only with respect to
their liability as grantor of franchise to you.

4. Additional Insured - Lessor Of Leased
Equipment
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization( s)
shown in the Declarations as an Additional
Insured – Lessor of Leased Equipment,
but only with respect to liability for "bodily
injury", " property damage" or " personal
and advertising injury" caused, in whole or
in part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization( s).
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to any " occurrence" which
takes place after you cease to lease that
equipment.

5. Additional Insured - Owners Or Other
Interests From Whom Land Has Been
Leased
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization( s)
shown in the Declarations as an Additional
Insured – Owners Or Other Interests From
Whom Land Has Been Leased, but only
with respect to liability arising out of the
ownership, maintenance or use of that part
of the land leased to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:

This insurance does not apply to:
1) Any " occurrence" that takes place
after you cease to lease that land; or
2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.

6. Additional Insured - State Or Political
Subdivision – Permits
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
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Insured – State Or Political Subdivision -
Permits, but only with respect to
operations performed by you or on your
behalf for which the state or political
subdivision has issued a permit.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:

This insurance does not apply to:
1)" Bodily injury", " property damage" or
personal and advertising injury"
arising out of operations performed for
the state or municipality; or
2)" Bodily injury" or " property damage"
included in the " product-completed
operations" hazard.

7. Additional Insured – Vendors
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization( s)
referred to below as vendor) shown in the
Declarations as an Additional Insured -
Vendor, but only with respect to " bodily
injury" or "property damage" arising out of
your products" which are distributed or
sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for " bodily injury" or
property damage" included within the
products- completed operations hazard".
b. The insurance afforded to the vendor is
subject to the following additional exclusions:
1) This insurance does not apply to:
a)" Bodily injury" or " property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.

This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
b) Any express warranty
unauthorized by you;
c) Any physical or chemical change
in the product made intentionally
by the vendor;
d) Repackaging, unless unpacked
solely for the purpose of inspection,
demonstration, testing, or the
substitution of parts under
instructions from the manufacturer,
and then repackaged in the original
container;
e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has agreed
to make or normally undertakes to
make in the usual course of
business, in connection with the
distribution or sale of the products;
f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
h)" Bodily injury" or " property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
i) The exceptions contained in
Subparagraphs ( d) or (f);or
ii) Such inspections,
adjustments, tests or servicing
as the vendor has agreed to
make or normally undertakes
to make in the usual course of
business, in connection with
the distribution or sale of the
products.
2) This insurance does not apply to any
insured person or organization from
whom you have acquired such
products, or any ingredient, part or
container, entering into,
accompanying or containing such
products.

8. Additional Insured – Controlling Interest
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization( s) shown in the
Declarations as an Additional Insured –
Controlling Interest, but only with respect to
their liability arising out of:
a. Their financial control of you; or
b. Premises they own, maintain or control
while you lease or occupy these premises.
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This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.

9. Additional Insured – Owners, Lessees Or
Contractors – Scheduled Person Or
Organization
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured – Owner, Lessees Or Contractors,
but only with respect to liability for "bodily
injury", " property damage" or " personal
and advertising injury" caused, in whole or
in part, by your acts or omissions or the
acts or omissions of those acting on your
behalf:
1) In the performance of your ongoing
operations for the additional
insured(s); or
2) In connection with " your work"
performed for that additional insured
and included within the " productscompleted operations hazard", but only if this Coverage Part provides
coverage for " bodily injury" or
property damage" included within the
products-completed operations
hazard".
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to "bodily injury", "property
damage" or " personal an advertising
injury" arising out of the rendering of, or
the failure to render, any professional
architectural, engineering or surveying
services, including:
1) The preparing, approving, or failure to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications; or
2) Supervisory, inspection, architectural
or engineering activities.

10. Additional Insured – Co-Owner Of Insured
Premises
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or Organization(s) shown in the
Declarations as an Additional Insured – CoOwner Of Insured Premises, but only with respect to their liability as co-owner of the
premises shown in the Declarations.

The limits of insurance that apply to additional
insureds are described in Section D.– LimitsOf
Insurance.

How this insurance applies when other insurance
is available to an additional insured is described in
the Other Insurance Condition in Section E.–
Liability And Medical Expenses General
Conditions.

G. LIABILITY AND MEDICAL EXPENSES

DEFINITIONS

1." Advertisement" means the widespread public
dissemination of information or images that
has the purpose of inducing the sale of goods,
products or services through:
a. ( 1) Radio;
2) Television;
3) Billboard;
4) Magazine;
5) Newspaper;
b. The Internet, but only that part of a web
site that is about goods, products or
services for the purposes of inducing the
sale of goods, products or services; or
c. Any other publication that is given
widespread public distribution.

However, " advertisement" does not include:
a. The design, printed material, information
or images contained in, on or upon the
packaging or labeling of any goods or
products; or
b. An interactive conversation between or
among persons through a computer network.

2." Advertising idea" means any idea for an
advertisement".

3." Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.

4." Auto" means a land motor vehicle, trailer or
semi-trailer designed for travel on public
roads, including any attached machinery or
equipment. But " auto" does not include
mobile equipment".

5." Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time.

6." Coverage territory" means:
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a. The United States of America (including its
territories and possessions), Puerto Rico
and Canada;
b. International waters or airspace, but only if
the injury or damage occurs in the course
of travel or transportation between any
places included in a. above;
c. All other parts of the world if the injury or
damage arises out of:
1) Goods or products made or sold by you
in the territory described in a. above;
2) The activities of a person whose home
is in the territory described in a.
above, but is away for a short time on
your business; or
3)" Personal and advertising injury"
offenses that take place through the
Internet or similar electronic means of
communication
provided the insured's responsibility to pay
damages is determined in the United States of
America ( including its territories and
possessions), Puerto Rico or Canada, in a
suit" on the merits according to the
substantive law in such territory, or in a
settlement we agree to.

7." Electronic data" means information, facts or
programs:
a. Stored as or on;
b. Created or used on; or
c. Transmitted to or from
computer software, including systems and
applications software, hard or floppy disks,
CD-ROMS, tapes, drives, cells, data
processing devices or any other media which
are used with electronically controlled
equipment.

8." Employee" includes a " leased worker".

Employee" does not include a " temporary
worker".

9." Executive officer" means a person holding
any of the officer positions created by your
charter, constitution, by-laws or any other
similar governing document.

10." Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.

11." Impaired property" means tangible property,
other than " your product" or " your work", that
cannot be used or is less useful because:
a. It incorporates " your product" or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by:
a. The repair, replacement, adjustment or
removal of " your product" or " your work";
or
b. Your fulfilling the terms of the contract or
agreement.

12." Insured contract" means:
a. A contract for a lease of premises.

However, that portion of the contract for a
lease of premises that indemnifies any
person or organization for damage by fire,
lightning or explosion to premises while
rented to you or temporarily occupied by
you with permission of the owner is
subject to the Damage To Premises
Rented To You limit described in Section
D.– Liability and Medical Expenses Limits
of Insurance.
b. A sidetrack agreement;
c. Any easement or license agreement,
including an easement or license
agreement in connection with construction
or demolition operations on or within 50
feet of a railroad;
d. Any obligation, as required by ordinance,
to indemnify a municipality, except in
connection with work for a municipality;
e. An elevator maintenance agreement; or
f. That part of any other contract or
agreement pertaining to your business
including an indemnification of a
municipality in connection with work
performed for a municipality) under which
you assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to a third person or organization,
provided the " bodily injury" or " property
damage" is caused, in whole or in part, by
you or by those acting on your behalf.

Tort liability means a liability that would be
imposed by law in the absence of any
contract or agreement.

Paragraph f. includes that part of any
contract or agreement that indemnifies a
railroad for " bodily injury" or " property
damage" arising out of construction or
demolition operations within 50 feet of any
railroad property and affecting any railroad
bridge or trestle, tracks, road-beds, tunnel,
underpass or crossing.

However, Paragraph f. does not include
that part of any contract or agreement:
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1) That indemnifies an architect,
engineer or surveyor for injury or
damage arising out of:
a) Preparing, approving or failing to
prepare or approve maps, shop
drawings, opinions, reports,
surveys, field orders, change
orders, designs or drawings and
specifications; or
b) Giving directions or instructions,
or failing to give them, if that is the
primary cause of the injury or
damage; or
2) Under which the insured, if an
architect, engineer or surveyor,
assumes liability for an injury or
damage arising out of the insured's
rendering or failure to render
professional services, including those
listed in ( 1) above and supervisory,
inspection, architectural or
engineering activities.

13." Leased worker" means a person leased to
you by a labor leasing firm under an
agreement between you and the labor leasing
firm, to perform duties related to the conduct of
your business. " Leased worker" does not
include a "temporary worker".

14." Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an
aircraft, watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
auto"; or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but " loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not
attached to the aircraft, watercraft or "auto".

15." Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and
other vehicles designed for use principally
off public roads;
b. Vehicles maintained for use solely on or
next to premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, on
which are permanently mounted:
1) Power cranes, shovels, loaders,
diggers or drills; or
2) Road construction or resurfacing
equipment such as graders, scrapers
or rollers;
e. Vehicles not described in a., b., c., ord.
above that are not self-propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the
following types:
1) Air compressors, pumps and
generators, including spraying,
welding, building cleaning,
geophysical exploration, lighting and
well servicing equipment; or
2) Cherry pickers and similar devices
used to raise or lower workers;
f. Vehicles not described in a., b., c., ord.
above maintained primarily for purposes
other than the transportation of persons or
cargo.

However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but
will be considered " autos":
1) Equipment, of at least 1,000 pounds
gross vehicle weight, designed
primarily for:
a) Snow removal;
b) Road maintenance, but not
construction or resurfacing; or
c) Street cleaning;
2) Cherry pickers and similar devices
mounted on automobile or truck
chassis and used to raise or lower
workers; and
3) Air compressors, pumps and
generators, including spraying,
welding, building cleaning,
geophysical exploration, lighting and
well servicing equipment.

16." Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.

17." Personal and advertising injury" means injury,
including consequential " bodily injury", arising
out of one or more of the following offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
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c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or
premises that the person occupies,
committed by or on behalf of its owner,
landlord or lessor;
d. Oral, written or electronic publication of
material that slanders or libels a person or
organization or disparages a person's or
organization' s goods, products or services;
e. Oral, written or electronic publication of
material that violates a person's right of
privacy;
f. Copying, in your " advertisement", a
person’s or organization’ s " advertising
idea" or style of "advertisement";
g. Infringement of copyright, slogan, or title of
any literary or artistic work, in your
advertisement"; or
h. Discrimination or humiliation that results in
injury to the feelings or reputation of a
natural person.

18." Pollutants" means any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.

19." Products- completed operations hazard";
a. Includes all " bodily injury" and " property
damage" occurring away from premises
you own or rent and arising out of " your
product" or "your work" except:
1) Products that are still in your physical
possession; or
2) Work that has not yet been completed
or abandoned. However, " your work"
will be deemed to be completed at the
earliest of the following times:
a) When all of the work called for in
your contract has been completed.
b) When all of the work to be done at
the job site has been completed if
your contract calls for work at
more than one job site.
c) When that part of the work done at
a job site has been put to its
intended use by any person or
organization other than another
contractor or subcontractor
working on the same project.

Work that may need service, maintenance,
correction, repair or replacement, but
which is otherwise complete, will be
treated as completed.

The " bodily injury" or " property damage"
must occur away from premises you own
or rent, unless your business includes the
selling, handling or distribution of " your
product" for consumption on premises you
own or rent.
b. Does not include " bodily injury" or
property damage" arising out of:
1) The transportation of property, unless
the injury or damage arises out of a
condition in or on a vehicle not owned
or operated by you, and that condition
was created by the " loading or
unloading" of that vehicle by any
insured; or
2) The existence of tools, uninstalled
equipment or abandoned or unused
materials.

20." Property damage" means:
a. Physical injury to tangible property,
including all resulting loss of use of that
property. All such loss of use shall be
deemed to occur at the time of the
physical injury that caused it; or
b. Loss of use of tangible property that is not
physically injured. All such loss of use
shall be deemed to occur at the time of
occurrence" that caused it.

As used in this definition, " electronic data" is
not tangible property.

21." Suit" means a civil proceeding in which
damages because of "bodily injury", " property
damage" or " personal and advertising injury"
to which this insurance applies are alleged.

Suit" includes:
a. An arbitration proceeding in which such
damages are claimed and to which the
insured must submit or does submit with
our consent; or
b. Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits
with our consent.

22." Temporary worker" means a person who is
furnished to you to substitute for a permanent
employee" on leave or to meet seasonal or
short-term workload conditions.

23." Volunteer worker" means a person who:
a. Is not your "employee";
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b. Donates his or her work;
c. Acts at the direction of and within the
scope of duties determined by you; and
d. Is not paid a fee, salary or other
compensation by you or anyone else for
their work performed for you.

24." Your product":
a. Means:
1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
a) You;
b) Others trading under your name;
or
c) A person or organization whose
business or assets you have
acquired; and
2) Containers ( other than vehicles),
materials, parts or equipment
furnished in connection with such
goods or products.
b. Includes:
1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your product"; and
2) The providing of or failure to provide
warnings or instructions.
c. Does not include vending machines or
other property rented to or located for the
use of others but not sold.

25. " Your work":
a. Means:
1) Work or operations performed by you
or on your behalf; and
2) Materials, parts or equipment
furnished in connection with such work
or operations.
b. Includes:
1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your work"; and
2) The providing of or failure to provide
warnings or instructions.
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Countersigned by
Authorized Representative
Form WC 04 03 06 ( 1) Printed in U.S.A.

Process Date: 04/01/21 Policy Expiration Date: 05/11/22

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 57 WEC AB5D4X Endorsement Number:

Effective Date: 05/11/21 Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address: PHMC, LLC
1724 10TH ST STE 115
SACRAMENTO CA 95811
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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Countersigned by
Authorized Representative
Form WC 99 00 06 A ( 1) Printed in U.S.A. Page 1
Process Date: 04/27/21 Policy Expiration Date: 05/11/22

CHANGE IN INFORMATION PAGE
INSURER: See Attached Endorsement
NCCI Company Number: Audit Period: ANNUAL
Policy Effective Date: 05/11/21 Policy Expiration Date: 05/11/22 Policy Number: 57 WEC AB5D4X Endorsement Number: 2
Effective Date: 05/11/21 Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address: SIMPLIGOV, LLC
1724 10TH ST STE 115
SACRAMENTO CA 95811
FEIN Number: 82-5114065
Producer Name: HUB INTERNATIONAL INS SERVICES INC Producer Code: 57555593 It is agreed that the policy is amended as follows:

This is NOT a bill. However, any changes in your premium will be reflected in your next billing statement. You will receive a separate bill from The Hartford. If you are enrolled in repetitive EFT draws from your bank account, changes in premium will change future draw amounts.

In consideration of no change in premium, it is agreed that:

Policy is amended to change the Named Insured(s) and/or DBA(s) to read Simpligov, LLC. The following locations are amended due to this change.

NJ, Schedule Number 01-29-02
Policy is amended to add the following Endorsement Forms reflecting the changes made to your policy.

WC990006A(. 1P)
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For SimpliGov Automation Platform
Final Audit Report 2022- 03-30
Created: 2022- 03-29
By: City of Cupertino ( webmaster@cupertino. org)
Status: Signed
Transaction ID: CBJCHBCAABAAZQXjXzhITqGV0uRoqpAoVOBhz3ISHEKu For SimpliGov Automation Platform" History
Document created by City of Cupertino ([email protected]) 2022- 03- 29 - 8:25:55 PM GMT- IP address: 35.229. 54.2 Document emailed to Araceli Alejandre ([email protected]) for approval 2022- 03- 29 - 8:36:28 PM GMT
Document approved by Araceli Alejandre ( aracelia@cupertino. org) Approval Date: 2022- 03-29 - 10:11:26 PM GMT - Time Source: server- IP address: 73.170. 27.253 Document emailed to Scott jenkins ([email protected]) for signature 2022- 03- 29 - 10:11:28 PM GMT
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2022- 03- 29 - 10:38:25 PM GMT- IP address: 73.70.75.170 Document e-signed by Scott jenkins ([email protected]) Signature Date: 2022- 03-29 - 10:38:37 PM GMT - Time Source: server- IP address: 73.70.75.170 Document emailed to Christopher D. Jensen ([email protected]) for signature 2022- 03- 29 - 10:38:39 PM GMT
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Document e-signed by Nidhi Mathur ( nidhim@cupertino. org) Signature Date: 2022- 03-30 - 5:23:00 PM GMT - Time Source: server- IP address: 73.231. 202. 59 Document emailed to Kirsten Squarcia ([email protected]) for signature 2022- 03- 30 - 5:23:03 PM GMT
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2022- 03- 30 - 6:01:36 PM GMT
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CITY OF CUPERTINO
Agenda Item
23-12636 Agenda Date: 12/3/2024
Agenda #: 9.

Subject: Award a construction contract for the Light Emitting Diode (LED) Streetlight Installation Project to Bear Electrical Solutions in the amount of $628,449 and approve a third amendment to the construction management agreement with Tanko Lighting for a total contract amount not to exceed $306,914.

1. Award a construction contract for the LED Streetlight Installation Project (budget unit 420-99-258, project number 2022-13) in the amount of $629,449 to Bear Electrical Solutions.

2. Authorize the City Manager to execute the construction contract when all conditions have been met.

3. Authorize the Director of Public Works to execute any necessary change orders up to a construction contingency amount of $62,945 (10%) for a total contract amount of $692,394.

4. Authorize the third amendment to an agreement with Tanko Lighting for ConstructionManagement and Consulting Services on various Capital Improvement Programs (CIP) Projects, by increasing the contract amount by $156,914, for a total contract amount not to exceed $306,914.

CITY OF CUPERTINO Page 1 of 1 Printed on 11/26/2024
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CITY COUNCIL STAFF REPORT
Meeting: December 3, 2024
Subject
Award a construction contract for the Light Emitting Diode (LED) Streetlight Installation Project to Bear Electrical Solutions in the amount of $628,449 and approve a third amendment to the construction management agreement with Tanko Lighting for a total contract amount not to exceed $306,914.

Recommended Action

1. Award a construction contract for the LED Streetlight Installation Project (budget unit 420-99-258, project number 2022-13) in the amount of $629,449 to Bear Electrical Solutions.

2. Authorize the City Manager to execute the construction contract when all conditions have been met.

3. Authorize the Director of Public Works to execute any necessary change orders up to a construction contingency amount of $62,945 (10%), for a total contract amount of $692,394.

4. Authorize the third amendment to an agreement with Tanko Lighting for Construction Management and Consulting Services on various Capital Improvement Programs (CIP) Projects, by increasing the contract amount by $156,914, for a total contract amount not to exceed $306,914.

Reasons for Recommendation
Construction Contract – Bear Electrical Solutions
Fiscal Year (FY) 2021-2022 City Council Work Program included a project to evaluate the feasibility of modifying the City of Cupertino’s streetlights to meet the requirements of the City’s Bird Safe and Dark Sky Ordinance (Ordinance), which was adopted by Council April 6, 2021. A feasibility report was prepared and showed that the City’s existing induction streetlight fixtures could be converted to LED fixtures which could meet the color temperatures and brightness levels established by the Ordinance. In addition to meeting the requirements of the Ordinance, the feasibility study concluded that conversion to LED streetlight fixtures would also save the City a net total of approximately $1,900,000 over a 20-year period.
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In response to the feasibility study, the approved FY 2022-2023 CIP included a project to implement the recommendations in the study. City staff initiated the project, completed the design, and advertised the project for a public bid on September 25. The bid documents issued by the City are available at https://apps.cupertino.org/details/724. The City received six responses to the bid request. The City does not make a practice of distributing bid responses prior to the execution of the contract to protect the contract negotiation process. On October 29, the City received the following responsive bids:

Bidder Bid Amount
Engineers Estimate $753,000
Bear Electric Solutions $629,449
Star Energy Management $654,649
DC Electric Group, Inc. $847,002
St. Francis Electric $847,435
Tennyson Electric, LLC $885,470
Columbia Electric $1,874,056
The Public Works Department reviewed all bids for completeness and found Bear Electrical Solutions documents complete. Bear Electrical Solutions’ experience and qualifications were responsive, and staff determined their bid to be the lowest responsive and responsible bid per the Instruction to Bidders and Cupertino Municipal Code. Therefore, staff recommends awarding a construction contract to Bear Electrical Solutions for the contract amount of $629,449 and including a 10% construction contingency in the amount of $62,945, for a total contract amount not to exceed $692,394.

Construction contingency allows for unforeseen conditions and is a typical contracting best practice.

Construction Management Agreement – Tanko Lighting
To ensure that construction work is completed in an orderly manner and in compliance with the project specifications, staff also recommends increasing Tanko Lightings contract by $156,914, for a total contract amount not to exceed $306,914, so that Tanko Lighting can perform construction management services for the City on this project.

Scope of Services include community outreach, developing an installation schedule, use of a consultant’s computerized mapping system to track installation progress in real time to verify contractor’s data entry is accurate and complete, post construction asset inventory update, and to coordinate utility billing updates upon project completion.

If this item is not approved, the City will not be able to contract out Construction Management services and will lose the opportunity to utilize the Consultant’s GIS software to manage and track installation. Due to limited staff resources, this will prohibit or delay project completion.

Next Steps
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If this item is not approved, the City will not convert existing streetlights to LED technology, will not have streetlights that comply with the City’s Bird Safe and Dark Sky Ordinance, and will not increase energy efficiency and reduce future operational costs.

Sustainability Impact
Converting streetlights to LEDs will decrease electricity consumption through energy efficiency, which supports the goals of the City's Climate Action Plan 2.0 and reduces demand on the electrical grid.

Fiscal Impact
Below is a summary of the project’s fiscal impacts (budget unit 420-99-258).

Current Funding Status Amount
City Approved Funds
(GL 420-99-258 900-905)
$1,300,000
Expense to Date (Design & Bid Support
by Tanko Lighting)
($179,258)
Currently available Funds – Subtotal $1,120,472
Propose Funding Impact Amount
Construction Management $156,914
Construction Contract (including 10%
Contingency
$692,394
Subtotal $849,308
Propose Funding Impact Amount
Current Funding Status $1,120,472
Proposed Funding Impact ($849,308)
Balance (budget unit 420-99-258) $271,164
City Work Program (CWP) Item:

Yes, FY 2021-22
CWP Item Description:

City Light Transition Assessment *Also Part of CIP
Assess the costs, benefits, and opportunities of transitioning the City's streetlight infrastructure, and other City operated lights, from induction to LED fixtures. LEDs would allow lights to be turned down and the assessment will evaluate the efficacy of various color temperatures that would meet the dark sky requirements. Review light pollution by streetlights.

Council Goal: Sustainability and Fiscal Strategy
California Environmental Quality Act (CEQA)
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This project is exempt under CEQA Guidelines Section 15301(b) – Class 1, Existing Facilities, and Section 15302(c) – Class 2, Replacement or Reconstruction. _____________________________________
Prepared by: Jo Anne Johnson, Public Works Project Manager Reviewed by: Chad Mosley, Director of Public Works
Reviewed by: Tina Kapoor, Interim Assistant City Manager Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Draft Contract
B – Draft Amended Agreement, Tanko Lighting
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LED Streetlight Installation Rebid 2023 Form CONTRACT
Project No. 2022-13 Page 1
Contract
This public works contract (“Contract”) is entered into by and between the City of Cupertino (“City”) and Bear Electrical Solutions (“Contractor”), for work on the LED Streetlight Installation Rebid Project (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On November 19, 2024, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

City has elected to include the following Project alternate(s) in the Contract:

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following: No other documents

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $629,449.00 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 60 working days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated

ATTACHMENT A - DRAFT CONTRACT
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LED Streetlight Installation Rebid 2023 Form CONTRACT
Project No. 2022-13 Page 2
damages in the amount of $1,000 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:

Public Works Department
10300 Torre Ave
Cupertino, CA 95014
408-777-3354
Attn: Jo Anne Johnson
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LED Streetlight Installation Rebid 2023 Form CONTRACT
Project No. 2022-13 Page 3
[email protected]
Copy to: PWinvoices
[email protected]
Contractor:

Name:_____________________________________
Address:___________________________________
City/State/Zip:_______________________________
Phone:_____________________________________
Attn:_______________________________________
Email:______________________________________
Copy to:____________________________________

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.
5014

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place.

Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Santa Clara County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313. [Signatures are on the following page.]
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LED Streetlight Installation Rebid 2023 Form CONTRACT
Project No. 2022-13 Page 4
The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Name, Title Name, Title
Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
_________________________________
Name, Title
Date: ___________________________
CONTRACTOR: ___________________________________________________ Business Name
s/_______________________________ Seal:
_________________________________
Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT
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1 THIRD AMENDMENT TO AGREEMENT 653 BETWEEN

THE CITY OF CUPERTINO AND TANKO LIGHTING

FOR CONSTRUCTION MANAGEMENT AND

CONSULTING SERVICES FOR VARIOUS CIP

PROJECTS
This Third Amendment to Agreement 653 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Tanko Lighting a Corporation (“Contractor”) whose address is220 Bayshore Blvd, San Francisco, CA 94124 and is made with reference to the following:

RECITALS:

A. The City and Contractor entered into an Agreement for Construction Management and Consulting Services for Various CIP Projects effective January 10,2023 (“Original Agreement”) with term expiring June 30, 2024.

B. The City and Consultant entered into a First Amended Agreement for Construction Management and Consulting Services for Various CIP Projects (“First Amendment”) effective April 22,2024, with term expiring June 30, 2026.

C. The City and Consultant entered into a Second Amended Agreement for Construction Management and Consulting Services on Various CIP Projects (Second Amendment”) effective September 6, 2024, with term expiring June 30, 2026.

D. The Original Agreement, First Amendment and Second Amendment are collectively referred to as the “Agreement” unless otherwise indicated.herein.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. Paragraph 2.1 of the Agreement is modified to read as follows: Scope of Services. Consultant agrees to provide the Services “ as needed” and as set forth in the Scope of Services, attached and incorporated here as Exhibit A. The Services must comply with this Agreement and with each Service Order issued under the authority of the City Director of Public Works or his designee, in accordance with the following procedures. Consultant further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID- 19.

Exhibit A of the Agreement is modified as follows: additional Scope of Services, attached here and incorporated as Exhibit A-2

2. Paragraph 4.1 of the Agreement is modified to read as follows: Maximum Compensation. City will pay Consultant for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed $ 306,914 (“ Contract Price”), based on the budget and rates set forth in Exhibit C, Compensation, attached and incorporated here. The Contract Price includes all expenses and reimbursements and will remain in place

ATTACHMENT B
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2 even if Consultant’ s actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price.

Exhibit C of the Agreement is modified as follows: additional Compensation, attached and incorporated here as Exhibit C-2

3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.

CITY OF CUPERTINO
By
Title
Date

APPROVED AS TO FORM
City Attorney
ATTEST:

City Clerk
Date

EXPENDITURE DISTRIBUTION

TANKO LIGHTING
By
Title
Date
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Service Order No. 3 to Master Service Agreement Consultant Services – City of Cupertino & Tanko Streetlighting, Inc.

Construction Management – Scope of Services
Task 1.0: LED Conversion Phase
Task 1.01: Community Outreach and Notification
CONSULTANT shall coordinate with the CITY’s media office to help develop a community outreach and notification plan prior to the commencement of any project activities. The plan will ensure project awareness and minimize public disturbance. CONSULTANT shall develop the message and provide the planned installation schedule to the CITY’s media staff for distribution through the CITY’s existing media outlets (press releases, website, etc.).

Deliverables:
• Project Messaging and Schedule: Specific language, draft press release, and timelines related to installation to assist with notifying community members of the project.

Pricing – Task 1.01: Community Outreach and Notification Position Hourly Rate Estimated Hours Extended Price
Principal $250 10 $2,500
Project Manager $188 32 $6,016
Data Analyst $156 12 $1,872
Total Not to Exceed Price: $10,388
Task 1.02: Logistics Management
CONSULTANT shall:
• Ensure the selected installation contractor stages the receipt of fixture shipments for installation in a manner that ensures the secured storage of materials.
• Provide the CITY with a schedule of anticipated shipping dates for materials once the materials order is placed.
• Develop an installation plan that minimizes inconvenience to the CITY and includes ordering schedules, traffic control plans, waste disposal and recycling procedures (that comply with all applicable State and Federal laws), and installation and commissioning schedules as required to the CITY.
• Facilitate a pre-construction Kick-Off meeting with CITY staff and the installation contractor to review the traffic control plans, work safety, permitting requirements public safety and waste material handling procedures and requirements prior to the start of installation. • Coordinate and participate in regularly scheduled progress meetings with CITY staff.

Deliverable:
• Logistics Management Details: Ordering, traffic control plans, required permits, disposal strategy, pre-construction meeting, ongoing meetings, installation and commissioning schedules.

Exhibit A2 - C2
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Service Order No. 3 to Master Service Agreement Consultant Services – City of Cupertino & Tanko Streetlighting, Inc.

Pricing – Task 1.02: Logistics Management
Position Hourly Rate Estimated Hours Extended Price
Principal $250 21 $5,250
Project Manager $188 104 $19,552
Data Analyst $156 67 $10,452
Total Not to Exceed Price: $35,254
Task 1.03: Installation Management
CONSULTANT shall:
• Develop installation maps and provide installers and relevant CITY staff for accurate project tracking. • Ensure that any poles missing pole tags are updated with pole tags consistent with CITY’s existing system.
• Ensure that installers are equipped with handheld devices and train them in collecting relevant data on both the HPS fixtures being removed, as well as the LED fixtures being installed. • Track each crew’s daily progress via time-stamped data on every fixture location. • Provide immediate instruction to crews on any course corrections necessary.

Deliverable:
• Installation Maps: Maps with locations and fixture information used to dispatch installation crews and allow CITY staff to track installation routes.
• Weekly Installation Report: A detailed listing of the locations completed during the installation phase, along with maps corresponding to locations.

Pricing – Task 1.03: Installation Management
Position Hourly Rate Estimated Hours Extended Price
Principal $250 10 $2,500
Project Manager $188 109 $20,492
Data Analyst $156 173 $26,988
Total Not to Exceed Price: $49,980
Task 1.04: Commissioning Coordination
CONSULTANT shall ensure that the installers perform final inspection on all fixtures, correct any “punch list” items, test lights to ensure that they work, and identify locations where repair needs CITY assistance.

CONSULTANT shall provide a complete commissioning report outlining any errors and actions taken to correct errors.

Deliverable:
• Commissioning Report: Detailed analysis of final installation verification and testing, including an outline of any errors and actions taken to correct errors. 519
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Service Order No. 3 to Master Service Agreement Consultant Services – City of Cupertino & Tanko Streetlighting, Inc.

Pricing – Task 1.04: Commissioning Coordination
Position Hourly Rate Estimated Hours Extended Price
Principal $250 8 $2,000
Project Manager $188 45 $8,460
Data Analyst $156 39 $6,084
Total Not to Exceed Price: $16,544
Task 1.05: Rebate and Tariff Change Coordination
CONSULTANT shall:
• Research any available rebate programs and facilitate all necessary tasks to ensure that the CITY receives the rebates and billing changes for which it is eligible. • Prepare all necessary and required documentation for the rebates and submit these to the appropriate departments within the agency.
• Follow up with the agency to confirm the materials have been received and are in process. • Assist the CITY with responses to any utility/agency questions regarding the submitted applications for rebates.
• Coordinate with the utility on changing tariffs to the newly-installed LED fixture rates by preparing the necessary documentation, submitting it to the utility, confirming the materials have been received, and obtaining the timing for the modification to be processed. • If known, provide the contact information for the appropriate party addressing any rate changes for the CITY.
• Assist the CITY with responses to any utility questions regarding the submitted applications for tariff changes.

Deliverable:
• Rebate and Tariff Change Documentation: A compilation of copies of paperwork submitted and processed with the utility regarding rebate applications and tariff changes.

Pricing – Task 1.05: Rebate and Tariff Change Documentation Position Hourly Rate Estimated Hours Extended Price
Principal $250 0 $0
Project Manager $188 32 $6,016
Data Analyst $156 35 $5,460
Total Not to Exceed Price: $11,476
Task 1.06: Final Reporting
CONSULTANT shall coordinate all final reporting and data requirements to ensure that the CITY considers the project is compliant and complete. This includes finalizing the GIS layer with design and construction data and updating the analysis of gross cost, savings, incentives, net cost, and payback of finalized design, including any operation and maintenance of costs and savings. Additionally, CONSULTANT shall provide contacts and the process whereby the CITY can obtain warranty support with the manufacturer(s) should it be necessary.
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Service Order No. 3 to Master Service Agreement Consultant Services – City of Cupertino & Tanko Streetlighting, Inc.

Deliverable:
• Final Reporting Documentation: Final requirements necessary to process the available rebates and tariff changes with the CITY, as well as post-construction electronic GIS records for all newlyinstalled streetlights in the CITY, including all wattages, badge numbers, locations, and other associate attributes, and environmental disposal documentation.

Pricing – Task 1.06: Final Reporting
Position Hourly Rate Estimated Hours Extended Price
Principal $250 10 $2,500
Project Manager $188 69 $12,972
Data Analyst $156 70 $10,920
Total Not to Exceed Price: $26,392
OPTIONAL – Task 1.07: Remedy of Miss-Billings
Based on the results of the Data Reconciliation Report, CONSULTANT shall provide additional assistance reconciling the streetlight billing discrepancies with the utility to credit the CITY for any miss-billings.

Deliverable:
• Miss-Billing Documentation: Submission of required documentation to utility to remedy any streetlight mis-billings. Follow up meeting and coordination with CITY and utility as needed.

Pricing – Task 1.07: Remedy of Miss-Billings
Position Hourly Rate Estimated Hours Extended Price
Principal $250 0 $0
Project Manager $188 12 $2,256
Data Analyst $156 16 $2,496
Total Not to Exceed Price: $4,752
OPTIONAL – Task 1.08: Custom Design for Decorative Fixtures Any decorative fixture beyond the standard design process (defined as any non-cobra head fixture where the design can be determined through the audit process or has already been designed) will require a custom LED replacement design, provided on a per custom design created (not on a per fixture basis).

CONSULTANT shall design the custom LED retrofit (note this shall be one custom design for an estimated twenty (20) shoebox fixtures), dispatch of a contractor to measure the fixture, design of a custom insert, coordination with a metal fabricator to create a sample, etc. Should the CITY opt for this Task, it will be performed prior to Task 1.03 – Installation Management.

Deliverable:
• Custom Retrofit Fixture: A custom designed LED retrofit that preserves the aesthetics of the existing shoebox fixture while providing the improved light quality and energy saving benefits. 521
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Service Order No. 3 to Master Service Agreement Consultant Services – City of Cupertino & Tanko Streetlighting, Inc.

Pricing – OPTIONAL Task 1.08: Custom Design for Decorative Fixtures Position Hourly Rate Estimated Hours Extended Price
Principal $250 4 $1,000
Project Manager $188 6 $1,128
Data Analyst $156 0 $0
Total Not to Exceed Price: $2,128
Summary of Services
Task Not to Exceed Price
Task 1.01: Community Outreach and Notification $10,388
Task 1.02: Logistics Management $35,254
Task 1.03: Installation Management $49,980
Task 1.04: Commissioning Coordination $16,544
Task 1.05: Rebate and Tariff Change Coordination $11,476 Task 1.06: Final Reporting $26,392
Total Not to Exceed Price: $150,034
Optional Tasks
OPTIONAL Task 1.07: Remedy of Miss-Billings $4,752
OPTIONAL Task 1.08: Custom Design for Decorative Fixtures $2,128 Total Cost for Optional Adders (Not included in the above): $6,880 522
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CITY OF CUPERTINO
Agenda Item
24-13449 Agenda Date: 12/3/2024
Agenda #: 10.

Subject: Approval of a contract with Alta Planning + Design, Inc. for the Development of an Active Transportation Plan (ATP) in the amount of $300,000. (PW - David Stillman)

1. Approve a contract services agreement with Alta Planning + Design, Inc. in the amount of $300,000 for the development of a citywide Active Transportation Plan.

2. Authorize the City Manager to execute the agreement and any necessary amendments within the approved budget of $330,000.

3. Authorize the City Manager to execute any change orders up to a project contingency amount of $30,000 (10%), for a total contract amount of $330,000.

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CITY COUNCIL STAFF REPORT
Meeting: December 3, 2024
Subject
Approval of a contract with Alta Planning + Design, Inc. for the Development of an Active Transportation Plan (ATP) in the amount of $300,000.

Recommended Action

1. Approve a contract services agreement with Alta Planning + Design, Inc. in the amount of $300,000 for the development of a citywide Active Transportation Plan.

2. Authorize the City Manager to execute the agreement and any necessary amendments within the approved budget of $330,000.

3. Authorize the City Manager to execute any change orders up to a project contingency amount of $30,000 (10%), for a total contract amount of $330,000.

Reasons for Recommendation
In April, the Council added the ATP to the City Work Program as one of the priority projects. With significant progress made in implementing the recommendations of the 2016 Bicycle Transportation Plan and the 2018 Pedestrian Transportation Plan, there was a need for a new, comprehensive ATP to build on these improvements and address evolving community needs. Additionally, there is a growing necessity for a unified approach in the form of a Citywide ATP, which will coordinate the goals and infrastructure projects of both bicycle and pedestrian initiatives, while also considering the ongoing needs of motorized vehicles. This integration will streamline the City of Cupertino’s approach to active transportation and ensure a more cohesive and efficient implementation of transportation infrastructure improvement projects. By developing a unified plan, the City can address overlapping areas of concern more effectively, align policies and goals across different transportation modes, and enhance the overall connectivity and safety of all roadway users.

The project will rely on data analysis, community engagement, and modern best practices to develop an ATP for the City of Cupertino. It will identify current gaps in the pedestrian and bicycle networks and examine traffic and collision data to propose infrastructure improvements that will increase safety and accessibility for all roadway users. Community input will shape the final recommendations, ensuring the ATP aligns 524
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with local needs and values. Key deliverables include implementation strategies, budget estimates, and a prioritized list of capital projects with a phased project delivery schedule. The project is anticipated to take fourteen months to complete.

Background
At the January 24, 2024, Bicycle Pedestrian Commission (BPC) meeting, the BPC recommended that the ATP be elevated to a 'High Priority' City Work Program item.

Following this recommendation, the project was endorsed and recommended to the Council by multiple commissions (Teen Commission, BPC, and Planning Commission) for inclusion in the Fiscal Year (FY) 2024-2025 Adopted Budget as a City Work Program project. The City Council approved the ATP project and included it as an item in the FY 2024-2025 Adopted Budget.

On June 18, the City Council adopted Resolution No. 24-063 authorizing staff to request that the Metropolitan Transportation Commission (MTC) allocate FY 2024-2025 Transportation Development Act Article 3 Pedestrian/Bicycle Project funding for the City of Cupertino. This action allowed MTC and the Valley Transportation Authority (VTA) to program $330,000 in TDA3 funds for Cupertino to use in the development of an Active Transportation Plan. TDA3 funds are distributed to jurisdictions based on population figures from the California Department of Finance.

The City conducted a competitive Request for Proposals (RFP) process in accordance with the City's procurement policies and guidelines for professional services. The RFP resulted in four proposals, each of which was evaluated based on established criteria.

Alta Planning + Design was selected as the top proposer due to its strong scoring across all criteria and demonstrated knowledge of Cupertino's unique needs and priorities. The RFP issued by the City is available at https://apps.cupertino.org/details/720. The City does not make a practice of distributing RFP responses prior to the execution of the contract to protect the RFP and contract negotiation process.

Next Steps
If approved, the project will kick off in January 2025, initially focusing on setting up project management frameworks and stakeholder engagement. The project team will then proceed to deliver the tasks outlined in the scope of work, including data analysis, community input sessions, and the development of infrastructure recommendations.

If this item is not approved, the City will not develop a comprehensive Active Transportation Plan, potentially delaying progress on addressing critical safety gaps and improving connectivity for pedestrians and cyclists. Without the Active Transportation Plan, Cupertino may not be able to achieve its Climate Action Plan goals, leverage future grant opportunities, and would not complete the work requested in the City Work Plan. 525
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Sustainability Impact
The Cupertino ATP will have positive sustainability impacts because the advancement of this plan will include developing infrastructure improvement recommendations that increase safety and accessibility for all non-motorized roadway users. Additionally, the ATP will include mode shift strategies to promote walking and bicycling to reduce personal automobile dependency, which will reduce local greenhouse gas emissions and improve air quality. Overall, the ATP will help create a healthier, more sustainable community.

Fiscal Impact
The City has been approved for the allocation of $330,000 (budget unit 100-88-844 750- 243) in TDA 3 funds for the development of the Active Transportation Plan. The project’s General Fund appropriation will be offset by the amount of grant funds received so that there will be no fiscal impact to the General Fund from the project.

City Work Program (CWP) Item: Yes, FY 24-25.

CWP Item Description:

Active Transportation Plan
This item is a consolidation of existing and new transportation efforts aiming to further goals outlined in the City's Vision Zero Initiative, including:
1) Review and update the bike plan
2) Review and update the pedestrian plan
3) Review current Complete Streets Policy and propose adjustments to create a better interface between all modes of transportation
Council Goal: Transportation
California Environmental Quality Act (CEQA)
This project is statutorily exempt from CEQA pursuant to Public Resources Code section 21080.20(a) (preparation of an active or bicycle transportation plan). _____________________________________
Prepared by: Matthew Schroeder, Senior Transit and Transportation Planner Reviewed by Chad Mosley, Director of Public Works
Reviewed by: Tina Kapoor, Interim Assistant City Manager Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Contract Services Agreement
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PROFESSIONAL/CONSULTING SERVICES AGREEMENT

1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and Alta Planning + Design, Inc.(“Contractor”), a Corporation for a Citywide Active Transportation Plan, 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, 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 March 31, 2026 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the Effective Date and shall be completed by March 31, 2026. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy.

3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B.

3.3 Contractor shall perform its services in a prompt and timely manner. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time.

Attachment A
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4. COMPENSATION

4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $ 330,000 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City.

4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement.

5. INDEPENDENT CONTRACTOR

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

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

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

5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor.

5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement.

5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, 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 528
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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.

6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor marked as confidential or proprietary or that should reasonably be understood to be confidential or proprietary from the circumstances of disclosure and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data.

7. OWNERSHIP OF MATERIALS

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

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

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

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

7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired; (b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or (d) Other City projects.
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7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original.

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

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

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

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

11. INDEMNIFICATION

11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of 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:
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(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.

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

11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee.

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

11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.

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

11.6. This Section 11 shall survive termination of the Agreement.

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

13. COMPLIANCE WITH LAWS

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

13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 531
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13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or 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.

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

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

14. PROJECT COORDINATION
City Project Manager. The City assigns Matthew Schroeder as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor.

Contractor Project Manager. Subject to City approval, Contractor assigns Christopher Kidd as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative.

15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. 532
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16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. Contractor may terminate this Agreement by written notice for cause, in whole or in part, if City breaches or fails to pay Contractor in accordance with this Agreement and, following notice, fails to cure or begin to cure such breach or failure within ten (10) days of receipt of notice from Contractor.

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

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

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

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

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

22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate.
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23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement.

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

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

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

To City of Cupertino:

Office of the City Manager
10300 Torre Ave.

Cupertino, CA 95014
Attention: Matthew Schroeder
Email: [email protected]
To Contractor:

Alta Planning + Design, Inc.
101 SW Main St, Ste 2000
Portland, OR 97204
Attention: Christopher Kidd
Email: [email protected]

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

CITY OF CUPERTINO CONTRACTOR
A Municipal Corporation
By By
Name Pamela Wu Name Steven Frieson
Title City Manager Title COO
Date Date
APPROVED AS TO FORM:

CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:

KIRSTEN SQUARCIA
City Clerk
DATE:
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304 12th Street, Suite 2A
Oakland, CA 94607
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Scope of Work
Task 1. Project Management and Coordination
Task 1.1 Project Initiation
Within two weeks of receiving a Notice to Proceed, Alta will plan and facilitate a project kick-off meeting with the Project Management Team (PMT) which will include the core of the working team from the City and the Alta team. Recommended objectives for the kick-off meeting include:
• Present & confirm proposed scope, schedule, and budget • Review project goals and objectives
• Discuss initial data needs; outreach and engagement strategy; and anticipated level of effort required for data inventory and updates
• Establish overall expectations, including communication channels, project templates, and protocols for sharing deliverables via cloud-based tools.

Alta will provide a kick-off meeting packet with the agenda, handouts, and presentation ahead of the meeting. Following the kick-off meeting, the Alta team will prepare and submit minutes within five (5) business days, including: discussions and outcomes, a detailed schedule for internal City use, and a simplified schedule for use with the broader public and City Council.

Alta will also develop and deliver a memo to request relevant background documents, GIS and other available data needed to perform project analyses and create base maps. Alta will work with the City’s project manager to develop an agreed upon GIS data structure for the duration of the project. At the completion of the project, Alta will provide the project’s GIS data in an ESRI file geodatabase.

1.2 - Project Management Team Meetings
Alta will coordinate monthly project management team (PMT) meetings with City staff and other key members of the project team, held online. These meetings will allow for close communication on upcoming tasks, review of deliverables, establishment of action items, and proactive resolution of potential issues or concerns. Alta will prepare a recurring online meeting link, agendas, and minutes. Monthly project status reports will be included with each monthly invoice, summarizing tasks completed and outlining tasks to be completed over the next 30 days.

There will be ongoing coordination between Alta’s Project Manager and the City’s project manager—including email, phone and written communication to keep City staff up-to-date on the development of the plan.

TASK 1 DELIVERABLES
• Kick-off meeting agenda, presentation and handouts, facilitation, and minutes/action items • Data Request Memo
• Project schedule breakdown (both detailed and simplified) • Monthly project management meeting agendas, project status reports, and minutes/action items (assumes 12 month meetings)
• Monthly invoices and progress reports (single monthly invoice, with budget/progress) Task 2 - Public Engagement

2.1 - Public Participation Plan

EXHIBIT A
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304 12th Street, Suite 2A
Oakland, CA 94607
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Alta will work closely with the city PMT to develop a Public Participation Plan (PPP) that will identify strategies to meaningfully engage with Cupertino’s broad array of stakeholders. Alta will provide a draft PPP within three (3) weeks of the kick-off meeting for review and comment by the city PMT. We anticipate the PPP will describe outreach activities that will take place over two phases:

PHASE 1: DISCOVERY - Understand unmet walking and bicycling needs for the City’s residents and visitors.

PHASE 2: RECOMMENDATIONS - Provide opportunities for the public to refine project and program recommendations and to inform the prioritization and implementation process.

The PPP will include a schedule of activities (minimum of 10 public engagement events), deliverables, and anticipated actions required of the City. Engagement strategies, both online and in-person, will encourage open and meaningful conversation among a diverse range of stakeholders on active transportation issues and needs. We are sensitive to the limits on participants’ time and will structure outreach and engagement opportunities that align with existing meetings and events as much as possible. The PPP will also develop key messages to clearly identify decision space for the public, helping to establish a baseline of trust at the outset of the project.

2.2 – Public Input Survey (Website, Webmap)
Alta proposes for the Public Input Survey to develop a mobile-friendly project webpage that includes an online interactive community input map, allowing the public to identify priority destinations, routes they would like to see improved, and similar feedback. Outreach materials for Public Engagement Activities (Task 2.3) will be developed to replicate the format of the interactive community map to ensure comparable data across all outreach activities.

Our in-house website development team will develop an interactive project website to:
• Promote outreach and education materials
• Host the proposed public surveys
• Document workshops, public events, and other in person engagement opportunities • Allow members of the public to provide feedback on the Draft Plan and eventually view the Final Plan Interactive Input Maps and Community Survey (2 phases):

The Alta team will develop a two-phase online interactive community survey. Alta has developed a technology to support online survey and map input that works well on computers, tablets and phones.

During the discovery phase, users will be able to provide feedback in the form of points and lines on the map with information such as:
• Frequently used routes & preferred routes
• Origins and destinations
• Bicycle/pedestrian network gaps
• Difficult crossings, perceived safety issues, and connectivity barriers • Recreational and commuter needs
• Pavement quality, wayfinding, and signage issues
• Desired bike parking and other support facilities
This interactive tool has generated hundreds of comments for many of our previous and existing projects, including the Santa Clara County Active Transportation Plan. See SacStreetsforPeople.org for a current live example of an interactive input map. The maps can be brought to community meetings and pop-up workshops on iPads to encourage additional engagement from those without access to the internet.

During the recommendations phase, Alta will develop a second community map survey where residents can provide input on recommended projects and project prioritization.
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2.3 - Public Engagement Activities
We anticipate the public outreach process will have two major phases, aligning with the two phases of the Public Participation Plan in Task 2.1. The first phase will solicit feedback on existing conditions, key destinations, and community concerns. The second phase will focus on reflecting public input from the first phase, analysis results, proposed projects, and program and policy recommendations.

Alta anticipates hosting up to four (4) community events. During each phase, one community event will be in-person and one community event will be held online. The Alta team also proposes up to six (6) pop-up events. This could include participation in public festivals, school events, or a community-led bike/roll event.

TASK 2 DELIVERABLES
• Draft and Final Public Participation Plan
• Draft and Final project website
• Draft and Final webmap survey – two (2) phases
• Draft and Final survey results report
• Attendance, collateral materials and summary for up to four (4) public meetings. Two meetings will be hosted inperson and two meeting to be hosted virtually • Attendance, collateral materials and summary for up to six (6) pop-up meetings • Public Participation summary report (Appendix to the Plan) Task 3 - Existing Conditions/ Data Collection

3.1 – Plan and Policy Review
Alta will request available relevant data, plans, policies and regulations as part of the Data Request Memo. Alta will review relevant approved planning documents to develop an understanding of the local policy baseline and active transportation plans and networks in Cupertino. This will include consideration of the pattern of future growth and development and the impact it is expected to have on active transportation demand. Documents to be reviewed by Alta may include, but are not limited to:
• 2024 Cupertino Vision Zero Action Plan
• 2016 Cupertino Bicycle Transportation Plan
• 2018 Cupertino Pedestrian Transportation Plan
• 2023 Cupertino Local Road Safety Plan
• 2018 Cupertino Complete Streets Policy
• 2024 Santa Clara County Active Transportation Plan (in progress) • 2022 Cupertino Climate Action Plan
• 2021 Cupertino Bollinger Road Corridor Safety Study
• 2021 Cupertino Transportation Study Guidelines
• 2020 Cupertino Parks and Recreation Master Plan
• 2015 Cupertino General Plan Transportation Element
• 2024 VTA Valley Transportation 2050 (in progress)
• Cupertino Safe Routes to School Program
Alta will work with the city PMT to finalize the list of approved plans to review at the onset of the project. Alta will summarize all reviewed plans in a review matrix highlighting progress made on past plans, key recommendations, policies, and projects. The 2024 Vision Zero Action Plan will feature prominently in integration of policies and actions for the Active Transportation Plan. Following a single set of internally consistent comments, the memo will be updated and finalized for use in the Draft Plan.
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3.2 – Develop Goals, Objectives, and Performance Measures Alta will work with the City to develop a set of quantifiable short, medium, and long-range goals, objectives, and performance measures – establishing a clear and compelling vision for walking and biking in Cupertino.

Goals, objectives and performance measures will be aligned with priorities from Task 3.1 Plan Review, considering the intersectionality between safety, connectivity, equity, mobility, and sustainability. We will draw on our national library of best practice policies, as well as our work developing performance measures including such guidebooks as FHWA’s Measuring Multi-Modal Network Connectivity. Through this task, Alta will also work with the City to identify existing policies that may need to be revised for a successful Plan.

As part of this task, Alta will develop a draft Goals, Objectives, and Measurable Outcomes technical memo for the City to review and comment. Following a single set of internally consistent comments, the memo will be updated and finalized for use in the Draft Plan.

3.3 – Existing Conditions Review
Alta will develop a comprehensive basemap in ArcGIS capturing key cartographic features in Cupertino that relate to active transportation including streets, parks, schools, topography, community demographics, collision locations, and current/future land uses. This basemap will be shared with City staff for one (1) round of comments to inform edits to the layout, labeling, cartographic style, and other presentation elements of the maps.

The Alta team will review the City’s inventory of existing bicycle and pedestrian infrastructure data for completeness, including existing bicycle facilities, sidewalks, bike parking and wayfinding. Alta will develop a set of maps, tables, and narrative that describe the existing pedestrian and bicycle networks and conditions.

The Alta team will conduct the following analysis of existing conditions:

Collision Analysis – the Alta team will integrate the findings of the High Injury Network analysis conducted for the 2024 Vision Zero Action Plan.

Bicycle & Pedestrian Level of Traffic Stress - Alta will complete a level of traffic stress analysis for the bikeway network (BLTS) and the pedestrian network (PLTS), ranking streets from low stress (LTS 1) to high stress (LTS 4).

This network will be based on the preliminary LTS analysis derived from OpenStreetMap data, supplemented by inventory activities in Task 3.3. Our analysis will illustrate how stress barriers (e.g., challenging crossings) can create areas of disconnectivity and islands along what otherwise appear to be low-stress roadways.

Active Trip Potential Assessment - Alta proposes the use of local travel demand models, Replica Places, or StreetLight Origin-Destination (OD) data to understand existing travel patterns with special attention on short trip distances that can be made as active trips. A heat map will be generated showing percentage of trips that could be served via walking, biking, or electric micromobility throughout the study area. This analysis often points to locations where latent demand exists for active transportation. Alta will also provide an interactive visualization of origin-destination flows in the form of an Alta Flow Dashboard.

Alta will synthesize findings and analysis into an existing conditions technical memo. Findings, presented with narrative, maps, and graphics, will support work during the public outreach phases of the project and will form the basis for development of project recommendations. At the end of the project, Alta will provide the City with GIS shapefiles and attribute tables used in the analysis.

3.4 – Needs Assessment
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Combining analysis conducted in Task 3.3 and public input gathered in Task 2, Alta will conduct an in-depth evaluation to uncover the underlying barriers to efficient and comfortable travel for short trips which are currently marred by significant levels of indirectness and perceived barriers to travel. This analysis will integrate the insights gleaned from the Active Trip Potential Assessment with comprehensive evaluations of traffic stress networks developed in previous tasks. By analyzing origin-destination (OD) data in conjunction with assessments of network-induced stress, Alta intends to identify short trips that exhibit high degrees of indirectness and stress, thereby discouraging active transportation modes.

Alta will produce maps illustrating OD flows, where the thickness of lines will indicate the volume of trips and colors will denote levels of indirectness, employing both stress-adjusted and non-stress-adjusted measures. These visual representations can provide clear insights into how infrastructure and stress impact travel choices, identifying areas for active transportation investment. These analysis results can be summarized to census block group level heat maps to illustrate the average stress-levels and route directness at a fine-grained level.

Alta will produce a series of maps, tables, and related narrative that describe gaps and needs that can be addressed by the City. Particular attention will be placed on the intersectionality of improving safe routes to school and safety (i.e., Vision Zero) for all roadway users. Information from the public outreach process will also be integrated into this process.

TASK 3 DELIVERABLES
• Draft and Final Plans and Policies Summary Memo
• Draft and Final Goals, Objectives and Measurable Outcomes Memo • Draft and Final Existing Conditions Summary
• BLTS Map, PLTS Map, and geodatabase of LTS feature classes • One heat map showing potential for active trips or micromobility • Alta Flow interactive visualization of origin-destination flows • Needs Assessment Summary
Task 4 - Project Recommendations

4.1 – Develop Project Recommendations
Alta will develop a combined, prioritized set of recommendations to improve walking and bicycling throughout the city with a focus on creating a network for all ages and abilities. This task will be informed by existing best practices, outcomes from the Public Engagement Process (Task 2), Existing Conditions Analysis (Task 3.3), and Needs Assessment (Task 3.4).

Maps depicting existing, funded, and proposed pedestrian and bikeway projects will be developed along with a project list with the project name, proposed facility type, segment endpoints, and segment length for each recommended improvement. Recommended improvements will include, but are not limited to, locations where Class IV bicycle facilities, separated intersections, or enhanced pedestrian crossings are most appropriate.

Drawing on the socio-demographic analysis and the medium-to-long-term measurable objectives developed as part of Task 3, Alta will recommend non-infrastructure programs, identifying responsible implementing departments, agencies, or partner groups. Recommendations will be based on best practices and proven records of effectiveness. Alta is the only active transportation firm with a department dedicated to planning and implementing education and encouragement components of active transportation programs.

Alta’s Civic Analytics team has developed tools to streamline prioritization analysis in either GIS or Excel. Based on the types of data available, Alta can use qualitative scoring or percentile-based scores for comparing up to eight different metrics of success for the entire study area. This approach overlays a hexagonal grid on the study area and evaluates need and project impact on a micro level, enabling flexibility in project extents, future assessments, and changing physical conditions. 540
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4.2 Financial Analysis
Planning level cost estimates will be developed for bicycle and pedestrian on- and off-road facilities based on existing industry costs and comparable recent City projects. Cost estimates may include both permanent improvements as well as quick-build options.

The Alta team will leverage its knowledge of funding for active transportation projects to develop a relevant list of funding streams for project implementation. We will work with City staff and regional partners to identify available funding sources for further planning, engineering, and construction work. This will help the City identify both priorities and appropriate methods for implementation, including relevant funding sources.

The implementation strategy will include consideration of several factors that determine the feasibility of projects. Alta will create an implementation plan that assembles priority projects into “implementation packages” and phases them for either short-term, medium-term, or long-term implementation.

TASK 4 DELIVERABLES
• Draft and Final Project Recommendations Summary
• Programmatic and policy recommendations
• Prioritization methodology and related maps
• Draft and Final Financial Analysis technical memo
• Planning-level cost estimates
• Funding source matrix
Task 5 - Active Transportation Plan

5.1 – Develop Report
Alta will prepare and circulate an administrative draft plan that will consist of content from drafted and approved technical memos and task summaries from previous tasks. Alta will provide at least four (4) weeks for City staff to complete the Administrative Draft Plan review.

Following the City’s comments on the Administrative Draft, Alta will develop a public facing Draft Active Transportation Plan Document. The Draft Plan will be an attractive, reader-friendly, graphic-rich document. It is anticipated that the Public Draft Plan will be presented following Phase 2 of public outreach. The Alta team also proposes posting an interactive PDF of the draft plan to the project website for a period of one month. Interactive PDFs allow the public to post comments directly onto the pages of the plan, noting areas of improvement. These comments can then be reviewed by the Alta project team and incorporated into the Final Plan. It is anticipated that Alta will address up to one (1) round of consolidated noncontradictory comments.

Alta will revise the draft plan and produce a final plan based on public comments and guidance from City staff. Alta will provide the City a minimum of two (2) weeks to conduct a final plan review to identify remaining ‘fatal flaws’. Alta will revise the Final Plan based on one (1) set of consolidated non-contradictory City comments.

5.2 Council/Commission Presentation
The Alta team will develop a presentation for three (3) meetings of the Bicycle Pedestrian Commission and one (1) meeting of the City Council throughout the lifecycle of the plan process. We anticipate the first two Bicycle Pedestrian Commission meetings will occur at major project milestones, while the final Commission meeting and sole City Council meeting will be reserved for seeking Plan approval. We anticipate each meeting to be 2 to 3 hours in length.

We anticipate working with the City to serve as a conduit for information sharing and requesting feedback from the Bicycle Pedestrian Commission during the duration of the project. To maximize existing budget and help streamline the 541
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development of the Plan, we propose that these meetings be hosted through a combination of in-person and virtual meetings.

TASK 5 DELIVERABLES
• Administrative Draft Plan
• Public Draft Plan
• Final Plan
• All project files, supporting technical data, reports and documentation • Compilation of comments received and responses
• Presentations to Bicycle Pedestrian Advisory Committee (3) with notes and action items • Presentation to City Council with notes and action items Contingency
This contract will hold a reserve of $29,422 as a contingency fund against out-of-scope task. Prior to utilization of contingency funding, the Alta team will submit a scope modification to the City of Cupertino for review and authorization.

This scope modification will include identification of out-of-scope requests by the City, corresponding workplan & deliverables, schedule, and fee. Contingency tasks will only be initiated after receiving a formal Notice to Proceed from the City of Cupertino.

Schedule
Detailed schedule provided on following pages.

Budget
Detailed budget provided on following pages.

Task Budget
Task 1. Project Management & Coordination $21,736
Task 2. Public Engagement $58,679
Task 3. Existing Conditions/Data Collection $104,973
Task 4. Project Recommendations $61,046
Task 5. Active Transportation Plan $49,459
Direct Expenses $4,685
Contingency $29,422
TOTAL $330,000
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SCHEDULE - Cupertino Active Transportation Plan

1. Project Management and Coordination

1.1 Project Initiation X

1.2 Project Management X X X X X X X X X X X X

2. Public Engagement

2.1 Public Participation Plan

2.2 Public Input Survey

2.3 Public Engagement Activities X X X X X X

3. Existing Conditions/Data Collection

3.1 Plan and Policy Review

3.2 Develop Goals, Objective, and Performance Measures

3.3 Existing Conditions Review

3.4 Needs Assessment

4. Project Recommendations

4.1 Develop Project Recommendations

4.2 Financial Analysis

5. Active Transportation Plan

5.1 Develop Report

5.2 Council/Commission Presentation X X X X
LEGEND
Task Progress
Meeting / Workshop X
Deliverable
Client review
2026
Dec Jan Feb Jun Jul Aug Sept Jan
2024 2025
Mar Apr May Oct Nov Dec
Exhibit B
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Cupertino Active Transportation Plan
Project Budget
Principal in
Charge
Project
Manager
Assistant
Project
Manager
Technical
Advisor
Senior Associate
Landscape
Architect
Civic Analytics
Leader
Civic Data
Analyst II
Civic Data
Analyst II Planner I Art Director
Graphic Design
Studio Lead
Web
Developer III
Technical
Editor
Project
Accountant
Alta's
Hours Alta Principal
Design
Speciailst Hours
HMH
Engineering
Samuel
Corbett
Christopher
Kidd George Foster
Jeffrey
Knowles Brian Burchfield
David
Wasserman
Isabel (Izzy)
Youngs Rohan Oprisko
Jesus
Contreras
Marguerite
Schumm Nancy Chen Zane DeBusk Katie Atkins
Kirsten
Clausen
Sub Total Jon
Cacciotti
Alyson
Goulden
Sub Total
2025 Hourly Rate* $314 $252 $155 $294 $252 $252 $180 $155 $134 $196 $196 $180 $155 $118 $284 $192 1 Project Management and Coordination 9 29 28 0 0 0 0 4 0 0 0 0 0 32 102 $18,880 6 6 12 $2,856 114 $21,736

1.01 Project Initiation 3 5 4 0 0 0 0 4 0 0 0 0 0 0 16 $3,440 2 0 2 $568 18 $4,008.20

1.02 Project Management 6 24 24 0 0 0 0 0 0 0 0 0 0 32 86 $15,440 4 6 10 $2,288 96 $17,727.70

2.00 Public Engagement 8 14 56 0 0 0 0 0 100 10 20 120 4 0 332 $56,207 6 4 10 $2,472 342 $58,679

2.01 Public Participation Plan 2 6 6 0 0 0 0 0 10 0 0 0 0 0 24 $4,408 2 0 2 $568 26 $4,976.40

2.02 Public Input Survey 2 0 10 0 0 0 0 0 20 0 0 120 0 0 152 $26,481 0 0 0 $0 152 $26,481.30

2.03 Public Engagement Activities 4 8 40 0 0 0 0 0 70 10 20 0 4 0 156 $25,317 4 4 8 $1,904 164 $27,221.40

3.00 Existing Conditions/Data Collection 13 33 19 8 8 69 95 215 96 0 0 0 6 0 562 $101,249 5 12 17 $3,724 579 $104,973

3.01 Plan and Policy Review 1 5 5 0 0 0 0 0 24 0 0 0 1 0 36 $5,717 0 0 0 $0 36 $5,716.50

3.02 Develop Goals, Objectives, and
Performance Measures 2 8 2 4 4 3 0 0 18 0 0 0 1 0 42 $8,461 5 12 17 $3,724 59 $12,185.45

3.03 Existing Conditions Review 6 15 4 2 2 16 60 175 24 0 0 0 2 0 306 $52,793 0 0 0 $0 306 $52,792.65

3.04 Needs Analysis 4 5 8 2 2 50 35 40 30 0 0 0 2 0 178 $34,278 0 0 0 $0 178 $34,278.40

4.00 Project Recommendations 10 24 15 9 9 18 15 50 74 0 0 0 4 0 228 $41,926 20 70 90 $19,120 318 $61,046

4.01 Develop Project Recommendations 6 20 15 5 5 10 15 40 60 0 0 0 2 0 178 $31,729 5 10 15 $3,340 193 $35,069.15

4.02 Financial Analysis 4 4 0 4 4 8 0 10 14 0 0 0 2 0 50 $10,197 15 60 75 $15,780 125 $25,977.00

5.00 Active Transportation Plan 9 26 28 4 4 0 0 0 70 20 80 0 20 0 261 $47,931 2 5 7 $1,528 268 $49,459

5.01 Develop Report 7 20 16 4 4 0 0 0 50 20 80 0 20 0 221 $41,257 2 5 7 $1,528 228 $42,784.65

5.02 Council/Commission Presentation 2 6 12 0 0 0 0 0 20 0 0 0 0 0 40 $6,674 0 0 0 $0 40 $6,674.40 Staff Hours 49 126 146 21 21 87 110 269 340 30 100 120 34 32 1485 39 97 136 1621 Labor Total $15,393 $31,796 $22,557 $6,165 $5,299 $21,954 $19,828 $41,561 $45,526 $5,871 $19,570 $21,630 $5,253 $3,790 $266,193 $11,076 $18,624 $29,700 $295,893.20 Travel $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,000 $100 $100 $200 $1,200 Printing $2,000 $0 $0 $0 $2,000
Contingency $29,422 $29,422
Subconsultant 5% Markup $1,485 $1,485
Project Total $15,393 $31,796 $22,557 $6,165 $5,299 $21,954 $19,828 $41,561 $45,526 $5,871 $19,570 $21,630 $5,253 $3,790 $269,193 $11,176 $18,724 $31,385 $330,000 GENERAL NOTES:
* This fee proposal is valid for 90 days from the date submitted. * Hours and staff assignments can be adjusted by the consultant as needed to implement the tasks described during the course of the project. * Hourly rates will be adjusted if work is continued into subsequent year(s).

Total
Task
Hours
Total Task
Phase Fee
Alta Planning + Design, Inc. HMH Engineering
Exhibit C
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CITY OF CUPERTINO
Agenda Item
24-13519 Agenda Date: 12/3/2024
Agenda #: 11.

Subject: City Manager’s First Quarter Financial Report for Fiscal Year (FY) 2024-25 (Continued from November 19, 2024)
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.

Presenter: Kristina Alfaro, Director of Administrative Services CITY OF CUPERTINO Page 1 of 1 Printed on 11/26/2024
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CITY COUNCIL STAFF REPORT
Meeting: December 3, 2024
Subject
City Manager’s First Quarter Financial Report for Fiscal Year (FY) 2024-25 Recommended Action

1. Accept the City Manager’s First Quarter Financial Report for Fiscal Year 2024-25; and

2. Adopt Resolution No. 24-XXX approving Budget Modification No. 2425-367, increasing appropriations by $384,698, revenues by $53,570 resulting in the use of unassigned fund balance of $331,128.

Executive Summary
The First Quarter (Q1) Financial Report for FY 2024-25 outlines the City’s financial status as of September 30, 2024. It 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.

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 Councilapproved 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 (35% lower than last year), due to decrease in sales and transient occupancy tax. This is primarily due to a shift to cash basis accounting for interim reports as recommended by the City’s financial auditors, The Pun Group. 546
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2 While this change enhances cash flow accuracy, it may limit comparability with FY 2023-24. The decrease mainly impacts sales tax as discussed further in the Q1 Update, General Fund section.

Reasons for Recommendation
This item was originally on the November 19, 2024, Council agenda. At the time, staff recommended $331,128 in budget adjustments representing 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 whether the City had uncommitted the sales tax repayment reserve. The item was not heard on November 19 and subsequently staff has updated the recommended adjustment to $384,698 in expenditure and $53,570 in revenue. The increase to both appropriations and revenues is from a transfer out of the General Fund and a transfer into the CDBG fund for the 2025-2030 consolidated plan.

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. 548
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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 $ 217,375,265 549
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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. 551
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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 552
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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 554
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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 555
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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
31,223,141 32,324,317 33,606,651 35,024,886 36,531,087 557 CC 12-03-2024
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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.

Special Projects decreased by $220,000, or 73%, due to fluctuations in one-time expenditures.

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 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.

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.

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 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.

Cost Allocation increased by approximately $200,000, or 66% due to an increase in Human Resources, Finance, and City Manager cost allocations.

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 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.

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 Comparison of FY 2023-24 and FY 2024-25 First Quarter Revenues 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. See Attachment E.

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
The city has had to switch vendors due to a lack of available services and the increased costs cannot be funded within appropriations. 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.

Fund Department Revenue Expenditure
Change in
Fund
Balance
Proposal

GENERAL FUND
100 General Fund Admin Services - 50,000 (50,000) Chief Negotiator for successor 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 100 General Fund Non Departmental - 53,570 (53,570) Transfer Out to fund Consolidated Plan - 631,126 (631,126)

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 position elimination 610 Innovation & Technology Innovation & Technology - 15,000 (15,000) Overtime (299,998) - 299,998
TOTAL ALL FUNDS 53,570$ $ 384,698 $ (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 through the County of Santa Clara with other cities with Root Policy Research, Inc. to develop the 2025-2030 Consolidated Plan, a federally mandatory 5-year longrange plan that determines the Cities’ priorities for federal funding from the Department of Housing and Urban Development (HUD), based on emerging housing, economic, and demographic trends and community outreach. Non-profit community organizations applying for the funds from the cities are evaluated based on the priorities set by the Consolidated Plan. All cities who wish to receive federal funding must complete a Consolidated Plan. The cost of the service is shared with other cities within the county. The joint county effort ensures consistent data collection and more accurate community trends in order to develop appropriate priorities to evaluate funding requests. This request is recommended to be funded by a transfer in from the General Fund. This is a one-time cost and timeline of project completion is expected to be May 2025. If unapproved, the City would have to contract its own consultant which will result in higher costs and delay the update of the priorities and the Consolidated Plan. Lack of updated priorities and Consolidated Plan would impact the City’s ability to obtain HUD funding, including CDBG funding, to assist and support our underserved and low-income community members.

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 occasionally required throughout the year to effectively support, troubleshoot, and maintain the City’s applications and in-house solutions. To minimize disruptions to City operations, certain tasks must be performed during off-hours, which may result in overtime.

The City’s Employee Association MOU requires a 10-day notice for any schedule change and non-exempt staff may flex their time if they are notified of schedule changes at least ten days in advance. For unforeseen circumstances with less than ten days’ notice, flex time cannot be mandated, and overtime must be allowed. Staff were previously instructed to flex all overtime hours; this does not align with provisions in the MOU.
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25 This issue was brought to the attention of the new CTO after unforeseen overtime had occurred.

Following a review of the Employee Association MOU with HR, the department adjusted its practices to align with the MOU. While overtime had not historically been budgeted, it is now being included in the budget to account for these 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. The extensive corrosion was witnessed when the tank experienced a leak in September 2024. The bio holding tank allows for reuse of water that is used in washing operations. 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 damage to this column was noticed during a damage assessment in response to a different column that was hit by a Recology truck. The damage from Recology occurred after the preparation of the FY 2024-25 budget. Recology is responsible for correcting the damage to the column they impacted, but there is no evidence indicating the responsible party for the column of concern. Some cost savings are realized by having this work completed in conjunction with the repair being funded by Recology. The funding will be used to replace the structural column and foundation.

Creekside Parks Maintenance (100-87-837)
Fire Hydrant Replacement
A fire hydrant experienced a substantial underground leak at Creekside Park in September 2024.

This proposal will fund the replacement of the underground isolation valve, piping, and hydrant.

This project results in underground components being replaced and ensuring the hydrant 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 in August 2024, disrupting cooling for half of the building, which serves as a cooling station for residents. 570
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26 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, unaudited ending fund balance for FY 2023-24 is $166.1 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 $15.3 million. This increase is primarily due to the prior year ending with expenditure savings that outpaced revenue decreases. Expenditure 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 $164.3 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.

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 was designed to address a potential adverse CDTFA decision and the uncertain outcome of the anticipated legal challenge. This reserve was later increased to $74.5 million to account for revenue through the end of FY 2023-24. These funds were uncommitted in October 2024 after the City settled with the CDTFA. Since this change occurred after September 30, 2024, they are not reflected in the table below. Committed fund balance, as described on page 167 of the FY 2024-25 Adopted Budgets, “includes amounts that can only be used for the specific purposes determined by formal action of the City’s highest level 571
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27 of decision-making authority, the City Council. Commitments may be changed or lifted only by the City taking the same formal action (resolution) that imposed the constraint originally.” General Fund Classification of Fund Balance ($ in millions) *Q1 Year-End Projections assume budgeted revenues and expenditures are fully collected and incurred. Fund balances do not consider City Council actions after September 30, 2024.

The Cities’ financial auditor issued FY24 financial statements, and this chart has been updated to reflect that document.

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
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 positions are requested as part of this First Quarter Financial Report.

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 572
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28 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.

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 573
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29 (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.

Next Steps
Should Council move forward with the recommended budget adjustments, the Administrative Services department will ensure budget adjustments are entered into the systems so that departments have sufficient appropriations.

Below are the implications if all or some of the recommendations are not approved.  Emergency repairs already completed, including replacement of the fire hydrant at Creekside and the purchase of a spot cooler and emergency rental costs, staff will need to reduce or remove other expenses to ensure they can end the year within budget, which may include delaying other needed repairs or replacement until next fiscal year or until additional appropriations are approved.
 Non-emergency repairs or replacements work would not be completed, including the purchase of a new bio tank and replacing the structural column and foundation at the materials bunker. This will result in a delay to replace or repairs that would create a liability for the City as needed repairs has been identified, funds are available, and the City failed to act to correct the issue.
 For the chief negotiator, sign language, settlement costs, correcting the allocations for the IT Manager and, overtime costs, will result in city operations not having sufficient appropriations to cover its costs. Given that budgets have been reduced significantly in the last two years, no savings is available to cover these additional necessary costs. This could create a liability for the City if not being able to negotiate the successor contracts, a 574
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30 violation of the American Disabilities Act for not providing a needed accommodation of a sign language interpreter, insufficient funds to pay potential settlement costs and incorrect budgeted salary amounts in General Fund causing an over budget issue.  Lastly, costs related to the development of the 2025-2030 Consolidated Plan, if not approved, would result in the City having to contract its own consultant which will result in higher costs and delay the update of the priorities and the Consolidated Plan. Lack of updated priorities and Consolidated Plan would impact the City’s ability to obtain HUD funding, including CDBG funding, to assist and support our underserved and lowincome community members.

Sustainability Impact
No sustainability impact.

Fiscal Impact
The First Quarter Financial Report shows the City is positioned as anticipated. City staff recommends adjustments of $384,698 in new appropriations, funded by increases in revenue of $53,570 because of transfers in from the General Fund and the use of one-time unassigned fund balance of $331,128. 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.

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 Reviewed by: Kristina Alfaro, Director of Administrative Services Christopher Jensen, City Attorney
Tina Kapoor, Interim Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
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31 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.
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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.
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-$14,328,830.32
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 2022 Jun 2024
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 Budge Q1
Fiscal Year

0.0 100.0M

25.0M

50.0M

75.0M
125.0M
Dollars
Revenues
Expenses
General Fund Revenue and Expenditure Trends
As of September 30, 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 vs
Expenditures First Quarter
Data Updated Nov 26, 2024, 11:35 AM
General Fund Revenues vs
Expenses Year End
Data Updated Nov 26, 2024, 11:35 AM
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General Fund Revenues - First Quarter vs Budget
Data Updated Nov 26, 2024, 11:35 AM
9/2020 9/2021 9/2022 9/2023 9/2024

9.18%
In Revenues of $122,062,969.00 Budgeted through Sep 2024 General Fund Expenses - First Quarter vs Budget
Data Updated Nov 26, 2024, 11:35 AM
9/2020 9/2021 9/2022 9/2023 9/2024

21.43%
In Expenses of $119,145,337.00 Budgeted through Sep 2024 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.
$11,203,976.70
Revenues in Sep 2024
$0
$20M
$40M
$60M
$80M
$100M
$120M
Sep 2021 Jun 2023 Sep 2024
$25,532,807.02
Expenses in Sep 2024
$0
$20M
$40M
$60M
$80M
$100M
Sep 2021 Jun 2023 Sep 2024
General Fund Revenues -
First Quarter vs Year End
Data Updated Nov 26, 2024, 11:35 AM
General Fund Expenses -
First Quarter vs Year End
Data Updated Nov 26, 2024, 11:35 AM
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$11,203,976.67
Revenues in Sep 2024
Charges for Serv...

Sales Tax
Other Utility Tax
Other Financing ...

Licenses and Per...
$25,532,807.02
Expenses in Sep 2024
Transfers Out
Contract Service...

Other Employee Benefit... Cost Allocation
Employee Compens...

General Fund Classification of Fund Balance
The General Fund’s estimated, unaudited ending fund balance for FY 2023-24 is $166.1 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 $15.3 million. This increase is primarily due to the prior year ending with expenditure savings that outpaced revenue decreases.

Expenditure 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 $164.3 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.

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 was 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. Since this change occurred after September 30, 2024, they are not reflected in the table below. Committed fund balance, as described on page 167 of the FY 2024-25 Adopted Budgets, “includes amounts that can only be used for the specific purposes determined by formal action of the City’s highest level of decision-making authority, the City Council. Commitments may be changed or lifted only by the City taking the same formal action (resolution) that imposed the constraint originally.”
The Cities’ financial auditor issued FY24 financial statements, and this chart has been updated to reflect that document.

General Fund Revenues by
Type
Data Updated Nov 26, 2024, 11:35 AM
General Fund Expenses by
Type
Data Updated Nov 26, 2024, 11:35 AM
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*Q1 Year-End Projections assume budgeted revenues and expenditures are fully collected and incurred. Fund balances do not consider City Council actions after September 30, 2024.

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 $384,698 in new appropriations, funded by increases in revenue of $53,570 because of transfers in from the General Fund and the use of one-time unassigned fund balance of $331,128. 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. 582
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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 3rd day of December 2024, by the following vote:

Vote Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Sheila Mohan, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________ ________________________
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Attachment B
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 $631,126 $- $(631,126)
Special Revenue Funds $53,570 $53,570 $-
Capital Projects Funds $- $- $-
Enterprise Funds $- $- $-
Internal Service Funds $(299,998) $- $299,998
Total Appropriation
Amendment All Funds $384,698 $53,570 $(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 1,346 587
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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 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 2,801 588
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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 939,405 589
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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
590
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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
591
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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 $ 592
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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 2023-24 First Quarter Recommended Adjustments Attachment E 12/3/2024 10044412700702            50,000 Chief Negotiator for successor agreements 12/3/2024 10044417700704            75,000 General Liablity potential settlement costs 12/3/2024 10044412700702            10,000 American Sign Language Translation Services 12/3/2024
10032308500501
212,157
Correctly allocate deleted IT Manager (see reduction in internal service funds)
12/3/2024
10032308501500
64,326
Correctly allocate deleted IT Manager (see reduction in internal service funds)
12/3/2024
10032308501505
31,868
Correctly allocate deleted IT Manager (see reduction in internal service funds)
12/3/2024
10032308501506
1,521
Correctly allocate deleted IT Manager (see reduction in internal service funds)
12/3/2024
10032308501511
179
Correctly allocate deleted IT Manager (see reduction in internal service funds)
12/3/2024
10032308501508
720
Correctly allocate deleted IT Manager (see reduction in internal service funds)
12/3/2024
10032308501509
622
Correctly allocate deleted IT Manager (see reduction in internal service funds)
12/3/2024
10032308501502
29 Correctly allocate deleted IT Manager (see reduction in internal service funds)
12/3/2024
10032308501513
500
Correctly allocate deleted IT Manager (see reduction in internal service funds)
12/3/2024
10032308501507
3,076
Correctly allocate deleted IT Manager (see reduction in internal service funds)
12/3/2024 10083850900905            36,822 Purchase of a new bio holding tank 12/3/2024 10083807700702            25,000 Replace structural column and foundation at materials bunker 12/3/2024 10087837900905            24,490 Replace leaking fire hydrant at Creekside 12/3/2024 10087830600608            35,898 QCC Spot Coolers Purchase 12/3/2024 10087830700702              4,011 QCC Move and Cool Rentals 12/3/2024 10087832700702              1,337 EEC Move and Cools Rentals 12/3/2024 26072707700702            53,570 Develop the 2025‐2030 Consolidated Plan 12/3/2024 61035986500501 (212,157)         Correcting position elimination 12/3/2024 61035986501500 (64,326)           Correcting position elimination 12/3/2024 61035986501505 (31,868)           Correcting position elimination 12/3/2024 61035986501506 (1,521)             Correcting position elimination 12/3/2024 61035986501511 (179)                Correcting position elimination 12/3/2024 61035986501508 (720)                Correcting position elimination 12/3/2024 61035986501509 (622)                Correcting position elimination 12/3/2024 61035986501502 (29)                   Correcting position elimination 12/3/2024 61035986501513 (500)                Correcting position elimination 12/3/2024 61035986501507 (3,076)             Correcting position elimination 12/3/2024 61034310500505 15,000            IT Overtime
12/3/2024 10090001800902            53,570 Develop the 2025‐2030 Consolidated Plan 12/3/2024 26072707421401            53,570 Develop the 2025‐2030 Consolidated Plan 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)
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 595
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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 596
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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 600
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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 605
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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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