PROFESSIONAL/CONSULTING SERVICES AGREEMENT
1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and {---Company Name---} (“Contractor”), a {---Business Type---} for {---Contract Title---}, and is effective on the last date signed below (“Effective Date”).
2. SERVICES
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.
3. TIME OF PERFORMANCE
3.1 This Agreement begins on the Effective Date and ends on {---Expiration Date ---} (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by {---Expiration Date---}. 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 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time.
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 ${---Contract Amount---} (“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 Attachment A
{---Contract Title---}
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 kin d. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City as a result of such determination, so that the City’s total expenses under this Agreement are not greater than they would have been had the determination not been made.
6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. {---Contract Title---}
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.
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 mus t 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 Califo rnia Public Records {---Contract Title---}
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 change s 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 display ed 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:
(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 {---Contract Title---}
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, clas s of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretio n 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.
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.
{---Contract Title---}
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 fo rm 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 {---City Project Manager Name---} 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 {---Contractor POC-- -} 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 r egularly 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.
16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product.
17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of {---Contract Title---}
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 e ffective 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, a s appropriate.
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 {---Contract Title---}
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: {---City Project Manager Name---
}
Email: {---City Project Manager Email---}
To Contractor: {---Company Name---}
{---Street1---}
{---Street2---}
{---City---} {---State/Province---} {---Postal
Code---}
Attention: {---Contractor POC---}
Email: {---Contractor POC Email---}
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.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO CONTRACTOR
A Municipal Corporation
By By
Name Name
Title Title
{---Contract Title---}
Date Date
APPROVED AS TO FORM:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
Attachment B
Insurance Requirements
Design Professionals & Consultants Contracts
Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City.
INSURANCE POLICIES AND MINIMUMS REQUIRED
1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non - contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13).
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or selfinsurance shall be called upon to protect City as a named insured.
2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.
Not
required. Consultant has provided written verification of no employees.
4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form:
a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services.
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts Form Updated Jan. 2022 1 OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used).
Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self -insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.
Waiver of Subrogation
Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a wai ver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either:
the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City.
Acceptability of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better.
Verification of Coverage
Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endo rsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term.
Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies.
Higher Insurance Limits
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant.
Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts Form Updated Jan. 2022 2 CC 1-22-2025
#11
TBD List
Supplemental Report
1 CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: January 22, 2025
Agenda Item #11
Subject
Future agenda items requested by City Councilmembers (“TBD List”).
Recommended Action
1. Review the TBD list and adopt the staff recommendations for items 5-11
2. Provide direction for items 1-4 and 12-16.
Background:
Staff’s responses to questions received from councilmember are shown in italics.
Q1: Regarding TBD Item #6 "Consider regulations on sound amplification devices in parks": Did the staff consider this specific request when providing the staff recommendation of no change? If so, why does the staff recommend against this minor change? (Chao)
Staff response:
Municipal Code section 13.04.120(I) requires a permit for the use of sound amplification equipment in public parks. Staff has not identified any operational need that would require amendment of section 13.04.120(I). However, if Council wishes to pursue amendments to allow for more liberal use of amplified sound in parks, it may direct staff accordingly.
Q2: In case the staff did not consider the specific request below, please consider the limited scope as described below and provide your recommendation. (Chao)
Mayor Chao request:
The enclosed email was the original request for a minor revision to the policy on "sound amplification" device. The request is to allow sound amplification system as long as it is not "unreasonably loud", which is defined as "such sound can be heard by a person 50 feet or more from the source of the amplification", as defined in the Oakland Muni Code.
This would allow a small group to have a dance practice in a park without
2 disturbing others.
More specifically, the request would amend the CMC 13.04.120 Use of Park Property "No person in a park shall do any of the following: ... I. Use any system for amplifying sounds, whether for speech or music or otherwise, unless an exclusive use permit is first secured." as
"No person in a park shall do any of the following: ... I. Use any system for amplifying sounds, whether for speech or music or otherwise, in an unreasonable loud manner, unless an exclusive use permit is first secured," where the definition of "unreasonably loud manner" means "the volume of sound in the use or operation of any sound amplification equipment if such sound can be heard by a person from fifty (50) or more feet from the source of the amplification" (as defined in Oakland Muni Code)
I looked up the Oakland Muni Code for your reference:
===========
https://library.municode.com/ca/oakland/codes/code_of_ordinances?nodeId=TIT12S TSIPUPL_CH12.56SOAMEQ
"Unreasonably loud manner" means the volume of sound in the use or operation of any sound amplification equipment if such sound can be heard by a person from fifty (50) or more feet from the source of the amplification.
12.56.020 - Activity prohibited.
It is unlawful for any person to use or operate or permit the use or operation in an unreasonably loud manner of any sound amplifying equipment out-of-doors or indoors when used or operated to reach persons out-of-doors without first obtaining a written permit from the City Manager by submitting an application at least ten working days prior to the date of intended use; ....
Staff response:
See response to Question No. 1, above.
Attachments Provided with Original Staff Report:
A. TBD List from September 2024 with Adopted Motion
B. TBD List as of January 2025
CC 1-22-2025
#12
FY 2025-27 City Work Program
Supplemental Report
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CITY COUNCIL STAFF REPORT
Meeting: January 22, 2025
Subject
FY 2025-27 City Work Program Study Session
Recommended Actions
1. Review each Councilmember’s 10 projects for the FY 25 -27 City Work Program. Total of 48 projects listed in Attachment C.
2. Receive a verbal overview of the prioritization process to finalize the City Work Program for the Goal Setting Workshop.
3. Confirm meeting date for upcoming Priority and Goal Setting Workshop.
Reasons for Recommendation
This study session was requested by Council on December 17 for Council to review each Councilmember’s initial top projects, receive input from the community, and agree on the process as well as identify the date for the upcoming prioritization Workshop.
Background
The Council maintains a City Work Program (CWP) as a two -year effort, which it revisits on an annual basis to adjust and redirect efforts. The informational memorandum published on November 14, 2024 (Attachment A) outlined the approach for the upcoming Council Goal Setting and Prioritization Workshop (Workshop). At the December 17, 2024, City Council meeting, Council voted to schedule a study session on January 22. Each Councilmember was asked to identify their Top 10 priorities in preparation for the Workshop.
Looking Back at FY 2023-2025 CWP Process
In March 2023, the City Council participated in a workshop to reaffirm City Council Goals and to set new priorities for the next two fiscal years. At that meeting, Council selected and ranked top priority items to form the current City Work Program (CWP). This was a collaborative effort among Councilmembers and staff, which resulted in a clearly defined CWP that was feasible during a time of fiscal uncertainty. This was a two-year process.
There are several lessons from the FY 2023 -2025 CWP Process to keep in mind as Council considers adoption of the next CWP. First, Council and staff agreed on the process and focused on top priorities while acknowledging the organization’s limited capacity. Second, 2 although Council retained the ability to add future agenda items outside the CWP process, the quarterly review of “TBD list” items allowed Council to decide whether those items should be accomplished with existing resources or whether they involved a level of effort that warranted inclusion in a future CWP. This discipline afforded clarity and allowed staff to stay on track and focus on set priorities.
In addition, the staff report template now incorporates a section to clearly indicate whether the agenda item corresponds to the current CWP and Council adopted goals to promote more awareness on Council’s top priorities.
Potential Items for FY 2025-2027 CWP
On December 20, 2024, an informational memorandum was distributed with instructions and a list of potential items for the FY 25-27 CWP (Attachment B) to Council. The list included the following:
• TBD – these are items that council has previously approved as potential CWP items • Staff Proposed – these are new items proposed by staff that Council may consider for the upcoming CWP.
• Ongoing Current CWP Items – these are projects from the current CWP 1 that are expected
to continue into the next fiscal year.
On January 10, Councilmembers submitted their initial top projects to staff . Councilmembers were able to select items from the TBD or Staff Proposed lists above or projects that are currently on the 23-25 City Work Program.
Following receipt of each councilmember’s projects, staff prepared the preliminary budget and staffing estimates as shown in Attachment C. These estimates are also provided for other potential items for the FY 25-27 CWP (Attachment D), which were included with the December 20, 2024, informational memorandum.
The preliminary estimates will allow Council to consider the resources needed for each item when evaluating priority projects and will be further refined ahead of the CWP adoption. Normal daily operations encompass approximately 90 percent of city staff time, with variations from department to department depending on many influencing factors. The need to deliver on daily services leaves a finite capacity for additional projects. Staff recommends taking into account these capacity limits when considering the addition of CWP items.
These estimates were created using the following parameters:
1 https://www.cupertino.gov/Your-City/City-Council/City-Work-Program Staffing Estimates Budget Estimates
- Small 1-300 hrs $ - Small Under $60k
- Medium 301-1000 hrs $$ - Medium $61k-$500k
- Large 1001+ hrs $$$ - Large $500k+
3 F
or reference, below are past examples of projects that were considered small, medium and large:
• Small – Automated License Plate Readers, Budget Audit, Cybersecurity Public Education. • Medium – Vision Zero, Senior Services and Youth Engagement. • Large – Housing Element Update, Preserve Existing and Develop New BMR/ELI Units.
Community Survey
In 2024, the City commissioned Godbe Research Associates, an independent research firm, to conduct a s urvey for C upertino residents to share feedback on the quality of life in C upertino.
The su rvey results will be published as an informational memorandum and included as a supplemental report prior to this study session. Council will also have an opportunity to review, and as necessary, adjust the City Council Goals at the workshop.
Next Steps
The next step in the process is the Council Goal Setting and Prioritization Workshop (tentatively scheduled for March 1), which will provide a crucial opportunity for the Council to collaborate, establish or reaffirm goals, and outline the strategic direction for the next two years.
Following deliberations on this item , each Councilmember may refine their top 10 projects. In that case, Councilmembers should send their revised list of top 10 projects to staff no later than two weeks ahead of the Workshop. Staff will consolidate these lists into one list and further refine the preliminary estimates and present it to Council at the Workshop for consideration and eventual adoption.
Council will receive an overview of the prioritization process during the presentation portion of this study session. More details and any needed materials will be provided to Council ahead of the Workshop.
Sustainability Impact
There is no sustainability impact associated with this update.
Fiscal Impact
Fiscal impact of each of the proposed city work program items has yet to be finalized. However, preliminary estimates have been included in Attachment C.
There are no fiscal impacts associated with this study session report and update.
California Environmental Quality Act
Not applicable.
City Work Program Item/Description
4 No/NA
Council Goal
None
Prepared by: Astrid Robles, Senior Management Analyst
Reviewed by: Tina Kapoor, Interim Assistant City Manager Approved for submission by: Pamela Wu, City Manager
Attachments:
A – November 14, 2024 Informational Memorandum
B – December 20, 2024 Informational Memorandum
C – Council Top 10 Projects with Preliminary Budget and Staffing Estimates D – List of Potential Items for FY 25-27 CWP with Preliminary Budget and Staffing Estimates
CITY COUNCIL INFORMATIONAL MEMORANDUM
Date: January 22, 2025
To: Cupertino City Council
From: Tina Kapoor, Deputy City Manager
Re: 2024 Community Survey Results
Background
Since 1990, the City engaged with a professional consulting firm, Godbe Research to conduct 19 periodic community surveys to gauge resident satisfaction with city services and inform decision- making. The last survey was conducted in 2017. However, the pandemic disrupted this regular cycle, resulting in a significant gap. To address this, the City reengaged with Godbe Research to conduct the 2024 community survey to assess a wide variety of resident needs. The 2024 Community Survey aimed to capture updated insights into residents' satisfaction with essential city services and priorities for the future. Comparative data from the previous survey (2017) is included throughout the report wherever the data is available. A detailed report with the full results and additional data and analysis is included in Attachment A.
The following areas of inquiry were included in the 2024 survey:
• Living in Cupertino
• Cupertino City services
• Parks and Recreation services
• Transportation choices
• Environmental sustainability
• Community & economic development
• Public safety
• Ethnic diversity
• Information sources
Methodology
A random sampling method was used to ensure broad representation across all neighborhoods and demographic groups within the City. Telephone interviews were conducted with an option to complete the questionnaire online, to maximize accessibility and participation. A total of 718 Cupertino residents, including non-voter and voter adults over 18 years participated in the survey from November 12 through November 23. This provided a statistically significant sample with a margin of error of +/-3.63 percent.
ATTACHMENT F
1 2
Overall Satisfaction
Survey results indicate that Cupertino residents continue to have very positive perceptions about living in the City. A significant majority of the residents (87.2%) are satisfied with their quality of life in the City. For other California cities, the overall satisfaction rate is on average 76.5%.
Key Findings
1. Living in Cupertino
The first section of the survey addressed living in Cupertino, including an assessment of the quality of life, the reasons for living in Cupertino and the top issues in the community.
As stated above, a significant majority of the residents (87.2%) are satisfied with their quality of life in the City (“very satisfied” 32.4% and “somewhat satisfied” 54.8%). The total is slightly lower than in 2017 (88.3%).
As in previous years, the “school system” emerged as the top reason why residents choose to live in Cupertino. Specifically, 28.4 percent of the residents mentioned “school system” as the main reason for living in Cupertino, which is lower than the 35.3 percent mentions in 2017 survey. This response was more common among the residents ages 40 to 49.
When asked what the top two issues in the community were, affordable housing was identified by 35.5 percent of the respondents as one of the two most important issues facing Cupertino. Following affordable housing, education and school overcrowding were seen as the second most important issue (15.2%) followed by traffic (15.0%). It is notable that those indicating traffic had declined by 41.8 percent from a high in 2017 of
56.8 percent.
ATTACHMENT F
2 3
2. Cupertino City Services
The second section of the survey focused on city services. A substantial majority of Cupertino residents continue to be satisfied with the overall job the City is doing to provide services to its residents.
Specifically, 72.5 percent of the residents are satisfied with the job the City is doing to provide services, with 25.5 percent “very satisfied” and 47.0 percent “somewhat satisfied” with the job the City is doing. This is a slight decrease from 2017’s finding (76.5% satisfied) but is not statistically significant. Only 20.3 percent were dissatisfied with the City’s overall job performance, and 7.2 percent did not have an opinion.
For our other California city clients they have averaged about 66.0% satisfied since 2020.
In addition to a high-level view of city services, respondents were also asked about the “importance” of specific list of services and their “satisfaction” with the same list of services. When looking at specific services, respondents indicated that the most important services were:
• Maintaining City streets and roads and preventing potholes • Maintaining parks
• Safe pedestrian sidewalks and crosswalks
• Keeping residents informed
• Traffic on City streets
• Neighborhood police patrols
When asked how satisfied they were with the specific services, respondents indicated they were most satisfied with the following services:
• Blackberry Farms facilities
• City events and festivals like Earth Day and the Cherry Blossom Festival • Maintaining parks
• Senior Center programs
• Quinlan Community Center programs
• Protecting the environment
• Youth and Teen programs
Of course, it is useful to compare the importance and satisfaction to determine what areas might yield the most improvement in the overall quality of life. When ranked by importance, the services that showed the least satisfaction relatively speaking were “balancing growth and development in Cupertino”, “traffic on City streets” and “neighborhood watch programs”. However, again the rankings are relative and are all positive.
ATTACHMENT F
3 4
For our other California city clients, it is not uncommon to see growth and traffic receive negative satisfaction rankings.
3. Parks & Recreation Services
After the questions about city services, respondents were next questioned about a variety of other issues in the City. Beginning with recreation and community services, 77.3 percent of respondents indicated they visit Cupertino parks at least once a month, a slight increase from 74.3 percent in 2017. Additionally, 26.1 percent of respondents indicated that they participate in a Recreation Department activity at least once a month, a slight increase when compared with 22.3 percent in 2017.
4. Transportation Choices
The next section of the survey addressed transportation issues. To start, and not surprisingly, an overwhelming majority of the Cupertino residents continue to rely on personal vehicles for their daily commute. Specifically, 90.4 percent of the residents reported they “drive alone”. Another 26.4 percent indicated they “walk” to work, school or other places”, and 22.4 percent use “carpool, vanpool, or ride with others,” to go to work, school or other places they visit frequently.
Totaling the non-drive alone responses, 73.8 percent of the residents reported they walk, carpool / vanpool / ride with others, bicycle, take the bus, Silicon Valley Hopper, train or light rail for some of their trips. Currently, 29.4 percent of residents use alternative transportation at least once a week.
When asked respondents reasons for not using alternative transportation, 33.0 percent of respondents indicated that inconvenient public transit routes and 31.0 percent indicated inconvenient schedules were the reasons they did not use alternative transportation.
5. Environmental Sustainability
Another section of the survey addressed a few specific environmental practices. When asked what sustainable household practices they have done, respondents’ top responses were:
• Placed my food waste in the compost bin (55.8%)
• Wash vehicles at a commercial car wash or on landscaping (49.6%) • Reduced or eliminated use of fertilizers or pesticides on lawn (35.1%) • Repaired a water leak or upgraded to a water efficient appliance (30.8%) • Converted grass lawn to water efficient landscaping (26.2%)
6. Community and Economic Development:
The Community & Economic Development section asked respondents’ satisfaction with the shopping environment and what businesses they would like to see in Cupertino. A solid majority of 60.7 percent of the residents indicated they were satisfied with the
ATTACHMENT F
4 5
shopping environment in Cupertino when compared to the neighboring cities in the Bay Area. Conversely, 36.7 percent indicated their dissatisfaction with the shopping environment in Cupertino. In the 2017 Cupertino survey, 52.9 percent were satisfied, and
45.6 percent were dissatisfied.
In terms of businesses they would like to see more of in Cupertino, 32.0 percent of respondents wanted to see more “shopping / retail” in Cupertino, 28.8 percent wanted more “Mom and Pop stores”, 28.5 percent wanted more “Ethnic food restaurants / Diversity of foods”, 28.4 percent wanted “Discount stores / Walmart / Costco”, 28.4 percent wanted more “book stores”, and 28.0 percent wanted more “Restaurants / High end”.
While satisfaction with economic development efforts was high, some respondents expressed concerns about affordability and housing availability, emphasizing the need for balanced growth.
7. Public Safety
The survey indicated that 44.6 percent of respondents feel that “crime has stayed about the same”. While 4.7 percent feel that “crime has decreased”, and 34.7 percent felt it has increased. Comparatively, the 2017 survey indicates that 38.6 percent of respondents feel that “crime has stayed about the same”, 9.2 percent feel that “crime has decreased”, and
41.4 percent felt it has increased.
8. Ethnic Diversity
In terms of ethnic diversity, 56.5 percent of the residents indicated they felt that City’s efforts to ensure that members of all ethnic groups feel welcome in the City was “about right” while 10.4 percent feel that the City is not doing enough. Comparatively in 2017,
63.0 percent of the residents indicated they felt that City’s efforts to ensure that members of all ethnic groups feel welcome in the City was “about right”, whereas 14.6 percent feel that the City was not doing enough.
Next Steps
The insights from this survey provide a valuable roadmap for prioritizing city initiatives and resource allocation. This memo and the full report (Attachment A) will be made available to the public on the City’s website1. These results will be used to inform strategic planning efforts for the City moving forward.
We thank all residents who participated in this survey for sharing their valuable feedback and helping shape the future of our city.
1 https://www.cupertino.gov/Your-City/About-Cupertino/Community-Survey
ATTACHMENT F
5 6
Sustainability Impact
There are no sustainability impacts associated with this update.
Fiscal Impact
Although there will be fiscal impacts with the final selection of the CWP, there are no impacts associated with this update.
California Environmental Quality Act
Not applicable.
Prepared by: Tina Kapoor, Deputy City Manager
Approved for submission by: Pamela Wu, City Manager
Attachments:
A – 2024 Community Survey Results
ATTACHMENT F
6
January 2025
City of Cupertino
2024 Community Survey
January 2025
ATTACHMENT F
7
January 2025
Overview and Research Objectives
The City of Cupertino commissioned Godbe Research to conduct a survey of its residents with the following research objectives:
¾ Learn their overall perceptions of the quality of life; ¾ Gather resident feedback on several local issues including:
• Living in Cupertino;
• Cupertino City Services;
• Parks & Recreation services;
• Transportation choices;
• Environmental sustainability;
• Community & economic development;
• Public safety;
• Ethnic diversity; and
• Information sources;
¾ Identify any differences in responses due to demographic characteristics.
ATTACHMENT F
8
January 2025
Executive Summary
ATTACHMENT F
9
January 2025
Living in Cupertino
¾ The survey results indicate that Cupertino residents continue to have very positive perceptions about living in the City.
A significant majority of the residents are satisfied with their quality of life in the City (87.2%), with the “very satisfied” (32.4%) lower than the “somewhat satisfied” (54.8%). The total is just slightly lower than in 2017 (88.3%).
For our other California city clients, they have averaged about 76.5% satisfied with the quality of the life.
¾ As in previous years, the “school system” emerged as the top reason why residents choose to live in Cupertino.
28.4 percent of the residents mentioned “school system” as the main reason for living in Cupertino, which is lower than the 35.3 percent mentions in 2017 survey. This response was more common among the residents ages 40 to 49.
ATTACHMENT F
10
January 2025
Living in Cupertino II
¾ Affordable housing was identified by 35.5 percent of the respondents as one of the two most important issues facing Cupertino. Education and school overcrowding were seen as the second most important issue (15.2%) followed by traffic (15.0%). It is notable that those indicating traffic had declined by 41.8 percent from a high in 2017 of 56.8 percent.
ATTACHMENT F
11
January 2025
Cupertino City Services
¾ A substantial majority of Cupertino residents continue to be satisfied with the overall job the City is doing to provide services to its residents. 72.5 percent of the residents are satisfied with the job the City is doing to provide services, with 25.5 percent “very satisfied” and 47.0 percent “somewhat satisfied” ratings. This is a slight decrease from 2017 finding (76.5%) but is not statistically significant.
Only 20.3 percent were dissatisfied with the City’s overall job performance, and 7.2 percent did not have an opinion.
For our other California city clients, they have averaged about 66.0% satisfied since 2020.
¾ When looking at specific services, respondents indicated that the most important services were:
Maintaining City street and roads and preventing potholes Maintaining parks
Safe pedestrian sidewalks and crosswalks
Keeping residents informed
Traffic on City streets
Neighborhood police patrols.
ATTACHMENT F
12
January 2025
Cupertino City Services II
¾ When looking at specific services, respondents indicated they were most satisfied with the following services:
Blackberry Farms facilities
City events and festivals like Earth Day and the Cherry Blossom Festival Maintaining parks
Senior Center programs
Quinlan Community Center programs
Protecting the environment
Youth and Teen programs
ATTACHMENT F
13
January 2025
Cupertino City Services III
¾ When ranked by importance, the services that showed the least satisfaction are “balancing growth and development in Cupertino”, “traffic on City streets” and “neighborhood watch programs”.
ATTACHMENT F
14
January 2025
Parks & Recreation Services
¾ 77.3 percent of respondents indicated they visit Cupertino parks at least once a month, a slight increase from 74.3 percent in 2017. ¾ 26.1 percent participate in a Parks & Recreation Department activity at least once a month, compared with 22.3 percent in 2017.
ATTACHMENT F
15
January 2025
Transportation Choices
¾ An overwhelming majority of the Cupertino residents continue to rely on personal vehicles for their daily commute.
90.4 percent of the residents reported they “drive alone”. 26.4 percent indicate they “walk” to work, school or other places” 22.4 percent use “carpool, vanpool, or ride with others,” to go to work, school or other places they visit frequently.
At the same time, a combined total of 73.8 percent of the residents reported walk, carpool / vanpool / ride with others, bicycle, bus, Silicon Valley Hopper, train or lightrail for some of these trips. ¾ Currently, 29.4 percent of the residents use alternative transportation at least once a week.
¾ 33.0 percent of respondents indicated that inconvenient public transit routes and 31.0 percent inconvenient schedules were the reason they did not use alternative transportation.
ATTACHMENT F
16
January 2025
Environmental Sustainability
¾ When asked what sustainable household practices they have done, respondents' top responses were:
Placed my food waste in the compost bin (55.8%)
Wash vehicles at a commercial car wash or on landscaping (49.6%) Reduced or eliminated use of fertilizers or pesticides on lawn (35.1%) Repaired a water leak or upgraded to a water efficient appliance (30.8%) Converted grass lawn to water efficient landscaping (26.2%)
ATTACHMENT F
17
January 2025
Community & Economic Development
¾ 60.7 percent of the residents are satisfied with the shopping environment in Cupertino when compared to the neighboring cities in the Bay Area.
Conversely, 36.7 percent indicated their dissatisfaction. In 2017, 52.9 percent were satisfied, and 45.6 percent were dissatisfied. ¾ 32.0 percent of respondents wanted to see more “shopping / retail” in Cupertino, 28.8 percent want more “Mom and Pop stores”, 28.5 percent want more “Ethnic food restaurants / Diversity of foods”, 28.4 percent want “Discount stores / Walmart / Costco”, 28.4 percent want more “book stores”, and 28.0 percent want more “Restaurants / High end”.
ATTACHMENT F
18
January 2025
Public Safety
¾ The 2024 survey indicates that 44.6 percent of respondents feel that “crime has stayed about the same”. 4.7 percent feel that “crime has decreased”, and 34.7 percent felt it has increased. Comparatively, the 2017 survey indicates that 38.6 percent of respondents feel that “crime has stayed about the same”, 9.2 percent feel that “crime has decreased”, and 41.4 percent felt it has increased.
ATTACHMENT F
19
January 2025
Ethnic Diversity
¾ 56.5 percent of the residents indicated they felt that City’s efforts to ensure that members of all ethnic groups feel welcome in the City was “about right” while 10.4 percent feel that the City could do more. Comparatively in 2017,
63.0 percent of the residents indicated they felt that City’s efforts to ensure that members of all ethnic groups feel welcome in the City was “about right”, whereas 14.6 percent feel that the City could do more.
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January 2025
Information Sources
¾ 56.1 percent of the respondents prefer to be informed of City projects, meetings, events and updates by email, 30.4 percent prefer the City Website, 16.9 percent chose text messaging, and 16.2 percent prefer social media. In 2017, 44.0 percent of respondents indicated that direct mail was the most preferred way of being informed about city projects, meetings, events and updates. Another 33.8 percent indicated email and 20 percent indicated the city website was the best source.
¾ In terms of frequency of City news, 39.9 percent want information a few times a month or more, while 45.8 percent want information once a month or a few times a year. 4.8 percent indicated “Never” and 9.5 percent did not have an opinion.
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January 2025
Methodology Overview
¾ Data Collection Landline, cell phone, and online
interviewing from text and email invitation
¾ Sample Pool 45,320 adult (18 years or older) residents in the City of Cupertino
¾ Fielding Dates November 12 to 23, 2024
¾ Interview Length 26 minutes
¾ Sample Size n=718
(landline n=12; cell n=160; text n=505;
email=41)
¾ Margin of Error ± 3.63% Adults 18+
Note: The data have been weighted to reflect the actual population , characteristics of the adult residents in the City of Cupertino based on the 2022 American Community Survey (ACS) in terms of gender, age and ethnicity.
Some questions have comparative data from the 2017 survey while others do not.
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