CC 05-20-2025 Searchable Packet.pdf — Cupertino City Council, May 20, 2025 (part 2 of 5)

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Liang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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CITY OF CUPERTINO
Agenda Item
25-13743 Agenda Date: 5/20/2025
Agenda #: 11.

Subject: Award a contract to Lisa Molaro dba MudnStix, a sole proprietor/individual, for Ceramics and Art Instruction for a total not-to-exceed amount of $1,025,000.

1. Award a five-year contract to Lisa Molaro dba MudnStix to provide Ceramics and Art Instruction at the Wilson Park Building in the amount not to exceed $205,000 per year, totaling $1,025,000; and

2. Authorize the City Manager to execute the contract with Lisa Molaro dba MudnStix when all conditions have been met.

CITY OF CUPERTINO Page 1 of 1 Printed on 5/14/2025
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CITY COUNCIL STAFF REPORT
Meeting: May 20, 2025
Subject
Award a contract to Lisa Molaro dba MudnStix, a sole proprietor/individual, for Ceramics and Art Instruction for a total not-to-exceed amount of $1,025,000.

Recommended Action

1. Award a five-year contract to Lisa Molaro dba MudnStix to provide Ceramics and Art Instruction at the Wilson Park Building in the amount not to exceed $205,000 per year, totaling $1,025,000; and

2. Authorize the City Manager to execute the contract with Lisa Molaro dba MudnStix when all conditions have been met.

Background
Since 2006, the City of Cupertino has been offering ceramics and art programs at the Wilson Park Building (Wilson). The building houses a city-owned kiln and nine pottery wheels. Current programs offered at Wilson are for youth, teens, and adults in the community. Camps offered include the Wilson Park Art Camp and Wilson Park Teen Art Camp. Ceramics classes for youth and teens include Create Together, Clay Your Way, Art for Homeschoolers, Hand building for Teens, and Teen Potters Wheel. Classes and programs for adults include Beginner, Beyond Beginner, and Intermediate Potter’s Wheel, Handbuilding for Adults, and an Open Ceramics Studio. Other classes and programs currently offered include private ceramics lessons, private ceramics and art parties, and specialty ceramics workshops including topics like Ornament making, Mosaics, and Cricut machine work.

The City awarded a three-year contract to the current contractor in April 2021. The City Council approved an amendment on May 16, 2023, to increase the overall contract amount and to extend the contract expiration date to August 30, 2025.

Request for Proposal
On March 21, 2025, the City issued a Request for Proposal (RFP) seeking a qualified vendor to provide specified ceramics and art instruction at Wilson. The RFP sought proposals for a five-year contract commencing on September 1, 2025. 174
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The RFP process was conducted in accordance with applicable City policy and the Municipal Code while following standard best practices for this process. The RFP was posted on the City’s website, which included notification to registered vendors, local plan rooms and builders exchanges. Additionally, it was advertised on DemandStar, a publicly available procurement site for government contracts with thousands of registered vendors.

On April 18, 2025, the City received one proposal from Lisa Molaro DBA MudnStix.

Reasons for Recommendation
Staff evaluated Lisa Molaro’s (Lisa) proposal based on the submitted instructor qualifications and experience, demonstration of successful instruction experience with similar contracts, work plan and approach, the proposed number of program activities and the cost to participants. As is typical with an RFP, the compensation/proposal amount is not the determining factor.

Lisa’s proposal demonstrated a clear understanding of the City’s work request and included a clear explanation of the use of space; the methodologies used regarding program offerings and procedures. As the City’s current contractor, Lisa has been providing programs and serving the Cupertino community for over 6 years and has over 20 years of instruction experience.

The proposal includes a projected annual total revenue at $282,904.00 based on the current program’s numbers, with a contractor payment of $178,182.40 and $104,721.00 in City net revenue. The City is estimated to receive a total of $525,000 in net revenue over the 5-year contract based on the proposed programming. The contract terms are a 60/40 split on revenue collected for classes and camps with the contractor receiving 60% of the revenue and the City receiving 40% of the revenue. For ceramic parties and open studio which make up a small portion of the overall program, the term is a 70/30 split.

The Contractor administers the program including hiring and training instructors and maintaining the specialized equipment. The City provides the facility, the equipment, registration, and a listing in the recreation class schedule. Offering specialty recreation classes and programs through contracts such as these are an industry standard and occur commonly in surrounding cities such as Sunnyvale, Santa Clara, Mountain View, and San Jose.

Lisa has developed and fostered a reputation as an excellent teacher and administrator of the ceramics and arts program. The Contractor has hired, trained, and supervised staff and has set a high standard for the base of knowledge in ceramics and art Proposer Estimated Annual
Total Revenue
Annual Contractor
Payment
Annual City Net
Revenue
Lisa Molaro DBA
MudnStix
$282,904.00 $178,182.40 $104,721.00
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techniques conveyed in the program. The Contractor has built a personalized brand over several years of working with the community to provide structured, organized, and creative programs and classes which is supported with excellent customer service. The program has grown each year under the Contractor’s direction, and the community has come to expect and rely on the consistent, high-quality instruction and personal attention given in the program. Based on the findings outlined above, staff recommends awarding a five-year contract to Lisa Molaro dba MudnStix for $890,912, and a contingency amount of $134,088 to allow for future program growth, for a total contract amount not to exceed $1,025,000.

Sustainability Impact
No sustainability impact.

Fiscal Impact
The Fiscal Year 2025-2026 Parks and Recreation Youth Teen Recreation budget (GL 580- 62-613 700-702) includes a projected allocation of $155,000 for this contract. City staff is requesting an additional appropriation of $50,000 to the Fiscal Year 2025-2026 budget to ensure adequate funding for the contract.

Including a contingency amount at 3% per year over five years ensures accommodation for future growth of the program and potential fee increases.

City Work Program (CWP) Item/Description
None.

Council Goal:

Quality of Life
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Jacinta Liang, Management Analyst
Reviewed by: Rachelle Sander, Director of Parks and Recreation Floy Andrews, City Attorney
Approved for Submission by: Tina Kapoor, Acting City Manager Attachments:

A – Draft Agreement
B – Request for Proposal
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No. ___________
FY2026 - 2031

RECREATION SERVICES AGREEMENT

1. Parties. This contract is made by and between the City of Cupertino, a municipal corporation (“City”), and Lisa Molaro DBA MudnStix (“Contractor”), a Sole Proprietorship/Individual for Ceramics and Art Instruction and is effective on the last date signed below (“Effective Date”).

2. Services. Contractor agrees to provide the Services included in the Scope of Work and in accordance with the Schedule of Performance attached in Exhibit A.

3. Term. This contract begins on the Effective Date and ends on 08/31/2030 (“Contract Time”), unless extended or terminated as provided herein. Time is of the essence and Contractor must have sufficient time, resources, and qualified staff to deliver the Services as required. Contractor must promptly notify City of any actual or potential delays to afford the Parties adequate opportunity to address or mitigate such delays. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy.

4. Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will be based upon actual costs but that will be capped so as not to exceed $1,025,000.00 (“Contract Price”), based upon the Scope of Services, performance schedule, and rates included in Exhibit A. The maximum compensation includes all costs, expenses, and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. Contractor must submit invoices and the information required in Exhibit A in order to receive payment. City will compensate Contractor within thirty (30) days after approval of written invoices.

Invoices are subject to review and audit by City during regular business hours upon 24 hours’ notice. Contractor must maintain complete and accurate records of payrolls, expenditures, disbursements and other cost items charged to City or establishing the basis for an invoice, for a minimum of four (4) years from the date of the final payment.

5. Independent Contractor.

5.1 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. No civil service status or other right of employment will be acquired by virtue of Contractor’s performance of the Services. Contractor is not entitled to City’s health benefits, worker’s compensation or any other benefit. Contractor must have the skills and qualifications to perform the Services in a competent and professional manner. 177
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Contractor will supply all tools, materials, and equipment required to perform the Services under this Contract. Contractor is responsible for obtaining permits and licenses required by law and must obtain a City business license, if required by the Cupertino Municipal Code.

5.2 Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes.

City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERs) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above.

6. Proprietary/Confidential Information. To the extent Contractor may have access to private or confidential information owned or controlled by the City, Contractor agrees to treat it as confidential and use it solely to perform this Agreement. Contractor must 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. To the extent Contractor prepares written material, drawings, or data in connection with this contract, City will have the property rights to those materials and all copyrights, if any, to such work product will, to the extent requested by City, constitute City property upon completion of the work to be performed hereunder or upon termination of this Agreement.

8. Records. Contractor must maintain complete, accurate, and detailed accounting records relating to its performance in accordance with generally accepted accounting principles and procedures. The records must include detailed information about Contractor’s services, benchmarks, deliverables, and costs/fees, and must be made reasonably available to City. The records and supporting documents must be kept separate from other files and maintained for four (4) years from the date of City’s final payment.
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9. Assignment. This Contract is not assignable. Contractor may not substitute another or transfer any rights or obligations under this Contract without prior written approval of City. Only those persons whose names are included in Exhibit A may perform the Services.

10. Publicity and Signs. Any publicity generated by Contractor related to this contract or the Services during the Contract Time and for one (1) year thereafter must reference City contributions.

The words “City of Cupertino” shall 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 under this Agreement, without prior written approval from City.

11. Indemnification. 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 agrees to indemnify, defend, and hold harmless the City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and contractors (collectively, “Indemnitees”), through legal counsel acceptable to City, from and against any liability for damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation, arbitrations, administrative, and regulatory proceedings), of every nature, arising out of or in any way related to Contractor’s or Contractor’s agents performance of this contract or the Services.

This includes but is not limited to Liability resulting in personal injury, death, property damage, or economic losses. Contractor must pay any costs City may incur in enforcing this provision and must accept a tender of defense upon receiving notice from City. 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 Contract. This Section 11 shall survive termination of the Agreement.

12. Insurance. Contractor shall comply with the insurance requirements in Exhibit B. City will not execute the Agreement until it has received and approved satisfactory certificates of insurance and endorsements evidencing the type, amount, and dates of coverage. Alternatively, City in its sole discretion, may purchase insurance and deduct the costs from payments to Contractor, or terminate the Agreement.

13. Compliance with Laws and Other City Requirements.

Requirements for all Contracts. This contract is subject to local, state and federal laws and regulations prohibiting discrimination, including Title VII of the Civil Rights Act of 1964, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, and other laws that pertain to fair employment and anti-discrimination practices. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.

Contractor must comply with labor laws pertaining to prevailing wages, working hours, overtime, payroll records, and other requirements imposed by the Department of Industrial Relations.

If Contractor does not have employees, it must sign the Affidavit of No Employees, attached as Exhibit C. Contractor is responsible for verifying employment eligibility of employees pursuant to the Immigration Reform and Control Act of 1986. Contractor must comply with conflict of interest laws and regulations applicable to this Agreement and avoid conflicts of interest. Contractor may be required to file a conflict of interest form for engaging in governmental decisions or serving in a staff 179
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capacity, and is hereby advised to review the requirements of California Political Reform Act and the California Code of Regulations. Services may only be performed by persons who are not employed by City and who do not have a contractual relationship with City other than this contract. Contractor agrees to abide by City policies and administrative rules prohibiting gifts to City officials and employees.

Additional Requirements for Services Provided to Minors. Contractor and its employees who provide services under this Agreement must comply with these additional requirements:

A. Undergo fingerprints and a criminal background and verify all employees providing services under this contract have met this requirement.

B. Complete a Tuberculosis screening test as required by law and as set forth in Exhibit D.

C. Comply with the Mandatory Reporting under California Penal Code 11164-11174.3 and with the protocols, reporting, and training required under California Health and Safety Code Section 124235, AB 2007, and other laws pertaining to concussion evaluation, removal from play, and return to play protocols. (Refer to Center for Disease Control & Prevention, https://www.cdc.gov/headsup/index.html).

D. Submit required forms and acknowledgments included in Exhibit D, and ensure its each participant is provided with a concussion information sheet, signs and returns the forms to the City as required by Health and Safety Code Section 124235.

Require coaches and administrators to successfully complete the concussion and head injury education at least once either online or in person, before supervising a participant.

Contractor shall offer training, educational materials, or both to each Contractor administrator on a yearly basis. (Training resources are available at the Center for Disease Control & Prevention (link cited above).

E. If providing instruction, Contractor must acknowledge and comply with all requirements set forth in the Parks & Recreation Services Instructor Manual.

This contract requires services for children.

14. Coordination of Services. The Parties designate the following persons as Services Coordinators with the responsibility to oversee the delivery of Services in accordance with the terms of this Agreement. Contractor’s designation and any substitution are subject to City approval.

For City:

Name: Robert Kaufman
Position: Recreation Coordinator
Contact: [email protected]
For Contractor:

Name: Lisa Molaro
Position: Owner/Instructor
Contact: [email protected]

15. Abandonment. City may abandon or postpone the Activity or Program and will notify Contractor as soon as possible. Contractor will be paid for satisfactory Services rendered through the date of abandonment upon submission of final invoices approved by City.

16. Termination. City may terminate this contract for cause or without cause at any time and will notify Contractor as soon as possible. Contractor will be paid for satisfactory services rendered through the date of termination upon submission of final invoices approved by City. 180
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17. Governing Law, Venue, and Dispute Resolution. This contract is governed by the laws of the State of California. Any legal actions or proceedings filed against City in connection with this contract must comply with the government claims filing requirements and must be filed with the Superior Court for the County of Santa Clara, State of California. At City’s request, Contractor is required to continue to provide Services pending resolution of any 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 is required to pursue litigation, arbitration or other administrative or regulatory proceeding to enforce its rights or the terms of this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. This Section 18 survives this Agreement.

19. Third Party Beneficiaries. There are no third party beneficiaries under this Contract.

20. Waiver. Neither acceptance of Services nor payment thereof constitutes a waiver of any contract provision. City waiver of a breach shall not constitute waiver of another term, provision, covenant, or condition, or a subsequent breach, whether the same or a different character.

21. Entire Agreement. This Agreement and all referenced Exhibits are hereby attached and incorporated into the Agreement by this reference and represent the full and complete understanding as to those matters contained herein, and supersede any other contract or understanding, either oral or written, between the Parties. This Agreement may not be modified or amended except in writing signed by both Parties. If there is any inconsistency between any term, clause, or provision of the main contract and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main contract shall prevail and be controlling.

22. Inserted Provisions. Each provision or clause required by law or this contract is deemed to be included and will be inferred herein. Either party may request an amendment to cure any mistaken insertion or omission of a required provision.

23. Headings. The headings are for convenience only and are not a part of the contract or intended to affect, limit, or amplify the terms or provisions of this Agreement.

24. Severability/Partial Invalidity. If any contract term or provision, 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 contract terms and provisions and their application to specific situations will remain in full force and effect.

25. Survival. All provisions which by their nature must continue after the Agreement ends, including without limitation Indemnification, Insurance, Ownership of Materials, Records, Governing Law, and Attorney Fees, will survive the expiration or termination of this Agreement.

26. Notices. All notices and instruments pertaining to material provisions of this contract or significant disputes which are required by law or under this contract to be in writing must be sent to the persons listed below. The notices will be deemed effective on the date of personal delivery or the 181
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date confirmed by a reputable overnight delivery service, on the fifth (5th) 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
Cc: Representative/Coordinator: Robert
Kaufman
Email: [email protected]
To Contractor: Lisa Molaro DBA MudnStix
842 Stendhal Ln.,
CUPERTINO, CA 95014
Cc: Representative/Coordinator: Lisa Molaro
Email: [email protected]

27. Execution. The person executing this contract on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to execute this contract and to carry out all actions and services required. This contract constitutes a legally binding obligation of Contractor, and may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument.

SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties have caused this contract to be executed.

CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date

CONTRACTOR
By
Name
Title
Date
Tax I.D. No.: Refer to W9
APPROVED AS TO FORM:

MICHAEL K. WOO
Senior Assistant City Attorney
ATTEST:

KIRSTEN SQUARCIA
City Clerk
Date
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EXHIBIT A

SCOPE OF WORK, PERFORMANCE AND PAYMENT SCHEDULES
The CONTRACTOR will provide Ceramics and Art Instruction in, but not limited to, the following:

Ceramic and Art Camps for Youth and Teens
• Primary and/or contractors will provide half and full day camps for youth and teens, pertaining to a variety of art mediums and ceramic disciplines.

Youth and Teen Ceramic Classes
• Primary and/or contractors will provide ceramic courses for youth aged 2-17 and ceramic courses hand building and potter's wheel for teens.

Adult Ceramic Classes
• Primary and/or contractors will provide adult courses for hand building, and beginner, intermediate, and advanced pottery wheel classes for adults.

Open Ceramic Studio
• Primary and/or contractors will provide a supervised Open Ceramic Studio, participants will be free to utilize the studio for personal projects at their own pace. The contractor provides a community gathering service along with supervision to ensure the safety of the participants, equipment, and facility.

Private Lessons
• Primary and/or contractors will provide Private Lessons for one or two individuals, instructing them on ceramic concepts at a pace suitable for them.

Private Ceramic and Art Parties
• Primary and/or contractors will provide private birthday, corporate, and other parties for up to 30 individuals. Neighbors can enjoy an interactive party while using the park space of Wilson Park. Parties will be 2 hours, where attendees can participate in ceramics together. The contractor will allow participants to decorate, and contractor will provide additional tables for food and participants are included in the experience.

Location and Time of CONTRACTOR Services:

Refer to the City’s Publications for agreed upon dates, times, and locations of a class, camp, activity, program, or service (“class”). The City, at its sole discretion, may change the agreed dates, times, and locations of a class, or may cancel a class.
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Compensation for CONTRACTOR Services:

Contractor shall be compensated for services performed pursuant to this Agreement.

For a class taught in person, classes, camps, workshops, private Lessons: 60% of the resident fee based on final rosters. Birthday parties, open studio, corporate events: 70% of total fees collected.

City and Contractor may mutually agree for Contractor to teach a class online rather than in person, provided that City and Contractor reach agreement for compensation for that online class.

Compensation for that online class shall be specified in writing in a separate side agreement before online instruction for a class begins.

Eligible Participant Minimum and Maximums for CONTRACTOR Services:

Minimum: 1
Maximum: 30
If less than the required minimum number of participants enroll in and pay for a particular class as identified in the schedule before the class is scheduled to start, the City may cancel the particular class and/or terminate this Agreement without additional notice or payment to Contractor.

Performance of CONTRACTOR Services:

Class Cancellation
Contractor will only receive compensation for a class that is performed. If performance of a class is cancelled by the City or Contractor before instruction begins, Contactor will not receive compensation for the class. If the City or Contractor cancels performance of certain meetings of a class, Contractor will only receive compensation for those meetings of the class that are performed.

In the case Contractor unilaterally cancels performance of a class without City approval, City reserves the right to immediately and without notice cancel the remainder of classes offered and or performed by Contractor.

Registration, Enrollment, and Supervision
The Contractor shall follow all guidelines pertaining to registration procedures as listed in the quarterly recreation schedule. Participants may not take part in the program unless they are listed on the class roster or can show proof of enrollment. All participants and volunteers need to complete the City’s Waiver of Liability form prior to taking part in the program. If applicable, contractors who are responsible for supervising minors must remain with the class until a parent or legal guardian has arrived and all minors are released to them.
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Injury of a Class Participant
In the event of an injury occurring to a participant, the Contractor will notify the City within 1 hour and complete an Incident Report in the form approved by the City. The Incident Report must be submitted to the City within 24 hours of the injury occurring. 186
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Exh. B Insurance for Recreation Contracts Updated August 2024 1 Exhibit B
Insurance Requirements for Recreation Contracts
As required by the Agreement, Contractor shall procure prior to commencement of Services and maintain the following insurance for the duration of the Agreement against claims arising from or in connection with Contractor, its agents, representatives, employees or subcontractors Services under this Agreement.

Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, it must apply separately to this project/location (CG 25 03 or 25 04) or 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 01 (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.

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

4. Sexual Abuse/Molestation: Insurance or the equivalent as required for activities/services involving minors, (i.e., after school activities, recreational programs, athletics, study/training events and transportation of minors). Coverage may be included under General Liability or be obtained in a separate policy, such as Educators Legal Liability (ELL) policy, with a limit of no less than $1,000,000 per occurrence. If a general aggregate limit applies, it must apply separately to this contract or be twice the required occurrence limit.

Insurance coverage required may be satisfied by a combination of Primary and Excess/Umbrella insurance.

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

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

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

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

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

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

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

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.
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EXHIBIT D
Contractor’s Mandated Reporter Declaration
The undersigned does hereby certify that:

1. I am a representative of Lisa Molaro DBA MudnStix; that I am familiar with the facts herein and am authorized and qualified to execute this declaration.

2. I declare that Lisa Molaro DBA MudnStix has complied with fingerprinting and criminal background investigation requirements with respect to all Contractor’s employees who may have contact with minors in the course of providing services pursuant to the Agreement, and the California Department of Justice has determined that none of those employees has been convicted of a felony, as that term is defined in California Penal Code Section 11105.3.

3. I declare that each coach and administrator shall be required to successfully complete concussion and head injury education at least once, either online or in person, before supervising a participant, as required by California Health and Safety Code Section 124235, et seq.

4. On a yearly basis, all participants shall be required to sign and return a concussion and head injury information sheet in compliance with California Health and Safety Code Section 124235, which may be in the form attached as D-1.

5. That a complete and accurate list of Contractor’s employees, who may come in contact with minors during the course and scope of the Agreement, are included below.

6. All of the below mentioned employees have tested negative for TB, or X-ray results for TB, and have current documentation on file with Contractor.

7. All of the below mentioned employees have received training and understand their responsibilities under the Mandated Reporter laws of this state and are willing and able to comply.

List of all Contractor Employees working for the City (if no Employees, identify “self”):

See attached list of employees.

8. The Contractor will notify the City of Cupertino in writing of any new employees and will be added to the above list prior to beginning work at the City of Cupertino.

I declare under penalty of perjury that the foregoing is true and correct.

CONTRACTOR
By
Name
Title
Date
1386923.1
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CITY OF CUPERTINO

REQUEST FOR PROPOSAL
FOR

CERAMICS AND ART INSTRUCTION
RFP Issue Date:

March 21, 2025
Submittal Due Date:

April 18, 2025, by 5:00 p.m.

OFFICE OF THE DIRECTOR OF PARKS AND RECREATION
QUINLAN COMMUNITY CENTER • 10185 N. STELLING ROAD • CUPERTINO, CA 95014‐3255 TELEPHONE: (408) 777‐3120
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City of Cupertino RFP
Ceramics and Art Instruction

REQUEST FOR PROPOSAL

CITY OF CUPERTINO

TABLE OF CONTENTS

1. INVITATION

2. PROJECT SCOPE OF WORK

3. TENTATIVE TIMELINE

4. SUBMITTAL REQUIREMENTS

5. CLARIFICATIONS AND QUESTIONS

6. SUBMITTAL PROCESS

7. EVALUATION PROCESS

8. FEE PROPOSAL

9. SELECTION CRITERIA

10. SELECTION PROCESS

11. DISCLAIMERS AND RESERVED RIGHTS

12. CONTRACT REQUIREMENTS

ATTACHMENTS
ATTACHMENT A: Scope of Work
ATTACHMENT B: Class and Activity Details
ATTACHMENT C: Schedule of Fees
ATTACHMENT D: Sample Recreation Services Agreement, Affidavit of No Employees, Contractor’s Mandated
Reporter Declaration
ATTACHMENT E: Insurance Requirements
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City of Cupertino RFP
Ceramics and Art Instruction
3 1. INVITATION
The City of Cupertino (City) invites proposal submittals from qualified Contractors to provide ceramics and art instruction services. The City is seeking to secure a Contractor that has the required experience, qualifications, expertise, and resources to perform the services identified in this Request for Proposal (RFP).

The City of Cupertino has been offering city ceramics and art programs at the Wilson Park Building (Wilson). The building houses a city-owned kiln and nine pottery wheels. Programs offered at Wilson are for youth, teens, and adults in the community. Camps offered include the Wilson Park Art Camp and Wilson Park Teen Art Camp. Ceramics classes for youth and teens include Create Together, Clay Your Way, Art for Homeschoolers, Hand building for Teens, and Teen Potters Wheel. Classes and programs for adults include Beginner, Beyond Beginner, and Intermediate Potter’s Wheel, Handbuilding for Adults, and an Open Ceramics Studio.

Other classes and programs currently offered include private ceramics lessons, private ceramics and art parties, and specialty ceramics workshops including topics like Ornament making, Mosaics, and Cricut machine work. Information on current classes can be found in the City’s Recreation Schedule. The ceramics and art programs offered at Wilson positively impact the quality of life of the Cupertino community.

The City seeks proposals from qualified contractors to offer ceramics and art instruction through a five-year contract commencing on September 1, 2025 and ending on August 31, 2030.

2. SCOPE OF WORK
The scope of work is to provide ceramics and art instruction at the Wilson Park Building. The scope of work is detailed in Attachment A.

Subcontractors that will support the Contractor and may be included as a part of the instruction team should be identified. The City is committed to securing high quality services that will result in a successful ceramics and art program. Subcontractor staff and experience shall be included in the response to this RFP.

3. TENTATIVE TIMELINE
The tentative RFP timeline is provided for the convenience of prospective proposers and is subject to change. Any such change will be stated in an addendum to this RFP. The tentative RFP timeline is as follows:

4. SUBMITTAL REQUIREMENTS
The Proposal submittal is not to exceed 15 pages. The City prefers a quality submission over quantity and succinct, responsive proposals are requested.

Contractor proposal submissions are to provide the following information:
• organization structure,
• background and general qualifications,
• subcontractors, and
• experience providing ceramics and art classes and camps, and private lessons similar to the programs described in this RFP
Proposal shall be organized by tabs/dividers in the order of the sections as outlined below to facilitate review, with subcontractor work identified within each task item:

A. Cover Letter - The cover letter of interest shall include an overview of the contractor’s qualifications and the name, address, and telephone number of the principal person the City shall contact regarding the proposal. Additionally, include the signature(s) of the company officer(s) empowered to bind the contractor, with the title of each, and acknowledgment of the receipt of any addenda, by number, if issued for this Request for Proposals.

B. Instruction Team Qualifications and Experience – Identify the principal instructor and key staff involved in delivering the services outlined in this RFP. Identify the role of each and describe each staff’s experience, qualifications, and proposed role. Include any subcontractors or volunteers expected to be used. Relevant information includes related instruction experience; dates and duties/responsibilities.

C. Contractor Qualification and Experience - Provide (2) contract references that are active and/or completed that represent the contractor’s qualifications, expertise, and technical capabilities to fulfill all services specified and required to successfully accomplish the program work. Information regarding the teaching location, description of services performed, key staff, and final contract cost is required.

Include a single client contact for each contract reference listed.

D. Proposed Work Plan & Approach - Present a well-developed approach to the Scope of Work. Describe the proposed approach for addressing the required and proposed services and the contractor’s ability to meet the City’s seasonal schedule, outlining the approach that would be undertaken in providing the requested services, including procedures, methodologies, measures of effectiveness, and team organization.

Additionally, identify approaches to resolve potential critical issues and other elements of concern.

E. Class and Activity Details – Provide information on classes to support this Scope of 193
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5 Work and any potential optional classes or services. The specific details shall be submitted using Attachment B and indicate the season(s) proposing to teach, the name and a brief description of the class, the estimated amount of class meetings, minimum and maximum enrollment, and minimum and maximum age.

F. Fee Proposal - A fee proposal shall be submitted in accordance with Section 8 as a separate document within the City’s Bid Opportunity website. The fee proposal shall include the estimated amount of class meetings in alignment with the Class and Activity Details in Attachment B and include a proposed activity fee per class meeting, per the Schedule of Fees contained in Attachment C. Line items shall be broken out by subtask, when appropriate.

G. Contract Acceptance - The Contractor must specifically agree, in writing, to accept the Recreation Services agreement, including specifically the City’s Indemnification requirements and insurance coverage requirements, without modification, in the submitted proposal. If a Contractor has proposed changes to the Agreement, these must be submitted along with an explanation of the request as part of their response to this Request for Proposal. The City reserves the sole right to accept, reject or modify any proposed changes to the Agreement. Those documents are included as Attachments to this Request for Proposal (RFP).

5. CLARIFICATIONS AND QUESTIONS
Questions and requests for clarification and/or additional information shall be directed in writing via email to Sonya Lee, at [email protected] by April 9, 2025, 12:00 p.m. PST.

Include “RFP for Ceramics and Art Instruction” in the subject line.

All responses to questions and/or clarifications will be provided by addenda and posted on the City’s Business Opportunities webpage. To ensure prompt receipt of any additional information, potential proposers are requested to sign up for the “Notification List” for this RFP.

6. SUBMITTAL PROCESS
Interested contractors must submit an electronic PDF format copy of their proposal on the City’s Business Opportunities webpage at:
https://apps.cupertino.org/bidmanagement/index.aspx
Contractors will need to create an account to download RFP documents as well as to upload Proposals. To submit a Proposal, open the RFP posting and select the Electronic Submission tab.

Proposal shall be submitted no later than 5:00 p.m. PST on April 18, 2025, and are to be addressed to Sonya Lee, Recreation Manager.

It is recommended that contractors familiarize themselves with the web application prior to the due date. Make sure to follow all submittal instructions and include all required documents.

Submitting documents electronically can take more time than anticipated so please allow 194
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6 enough time to finalize your submission by the stated deadline. Proposal submittals in process but not completely uploaded by the deadline will automatically be rejected by the system. It will not allow submissions once the deadline closes. Hard copies in any form will not be accepted. No faxed submittals will be accepted. Electronic submittals are the only form of submittal that will be accepted.

The Contractor is responsible for all costs associated with the Proposal submission.

7. EVALUATION PROCESS
Proposals will be evaluated by the City evaluation committee. Points will be assigned based on the proposer’s qualifications, ability, approach, effectiveness, and efficiency in supporting each item being rated with consideration for the selection criteria identified in Section 4.

Criteria
Submittal
Sections
Possible
Points
1 Instructor Team, Qualifications and Experience A, B, C 30

2. Demonstration of Successful Instruction
Experience with Similar Contracts C 30
3 Proposed Work Plan and Approach D, E 30

4. Cost to participants F 10
Total Possible Points 100
After the City’s evaluation committee reviews all submitted written proposals, the top ranked Contractors may be invited to deliver a presentation and participate in an interview. The details of the interview will be provided in a letter provided to the Contractors invited. However, a final determination of the highest ranked proposer and recommendation to proceed with contract negotiations may occur without an interview selection process.

If an interview is conducted, it will occur after the proposals have been evaluated.

The evaluation committee will again rank the interviewed contractors, and the highest ranked proposer will be identified, based on the best overall ranking among the committee members.

Contract negotiations will then begin with the highest ranked proposer. If negotiations with the highest ranked contractor are not successful, in consideration of either the scope or cost, the second ranked team will be invited to negotiate, and so on.

8. FEE PROPOSAL
A fee proposal, including proposed registration fees and charges for classes, camps and services will be submitted using Attachment C “Schedule of Fees.” This fee proposal shall be uploaded 195
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7 to the Bid Opportunity website as a separate attachment and not included with the response information requested in this RFP.

Line items shall be broken out by subtask, as indicated in the Schedule of Fees. Proposers must provide a price for each item in the Schedule of Fees, even optional tasks. If optional tasks are proposed, those shall be identified individually. Approval of the individual optional tasks is at the City’s discretion.

The fee proposal will be further analyzed and negotiated with the highest-ranked proposer in alignment with the final scope of work prior to the issuance of a contract for the services identified in this RFP.

9. SELECTION CRITERIA
Highly qualified Contractors will demonstrate the following evaluative criteria listed below, not necessarily in order of importance, which aligns with the broad evaluation criteria identified in Section 7:
• Prior experience performing similar types and magnitude of work. • Success and range of experience in previous programs, especially programs of similar scope, including quality of work and related criteria.
• Qualifications and experience of key staff persons proposed to perform the work. • Established structure and program for delivering assignments and ability to adhere to schedules and budgets.
• Percentage of total annual revenue which includes, but is not limited to, all fees for all services including camps, classes, and private lessons. • Ability to adapt to changes and factors throughout the process that may affect the program outcome.
• Ability to provide a range of services that meet the project needs. • Ability to meet the City’s schedule for all program activities identified in the Recreation Guide. • Ability to meet Contractor Expectations in the Cupertino Contract Instructor Manual.

10. SELECTION PROCESS
The City’s Purchasing Officer will recommend to the awarding authority the highest ranked proposer who successfully negotiated scope and project cost with the City. The awarding authority’s acceptance of the contract will be evidenced by a Notice of Award delivered to the selected contractor.

11. DISCLAIMERS AND RESERVED RIGHTS
This Request for Proposal does not commit the City to award a contract or to pay any costs incurred in the preparation of a proposal or participation in response to this RFP. 196
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8 The City reserves the right to accept or reject any or all proposals received, waive any irregularities, negotiate with qualified proposers, select contractors which, in its opinion, best serve the City’s interests or cancel the Request. The City reserves the right to reject any proposal that is determined to contain false, misleading, or materially incomplete information.

The City reserves the right to require any proposer to submit additional clarifying data or other information the City deems necessary to substantiate the costs presented by the proposer. The City may also require proposer to revise one or more elements of its proposal in accordance with contract negotiations.

12. CONTRACT REQUIREMENTS
Within ten calendar days of the date the selected Contractor is notified of award by the City it shall execute a standard City of Cupertino Recreation Services agreement. The Agreement will define basic contractual relationships with attachments that specify the Scope of Services, fee schedule, and any additional requirements of the contract.

A sample City Recreation Services agreement is attached to this RFP as Attachment D. Note that the indemnity and insurance requirements that are included as Attachment E are identified in the agreements and must be accepted without modification.

Business License Requirements: The consultant and their subconsultants must hold or obtain business licenses in the City of Cupertino for any work within City limits. If work for the City of Cupertino is the only business within the City of Cupertino that the firm undertakes, no business license is required per City of Cupertino municipal code.

A completed Internal Revenue Service Form W-9 may also be required to establish the vendor in the City’s Financial System.

Failure of the selected Contractor to make a timely submission may result in a rescission of acceptance of the proposal by the City and an award of the contract to another proposer. 197
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SCOPE OF WORK
The Contractor will provide ceramics and art instruction services to the Cupertino Parks and Recreation Department (CPRD) including, but not limited to, the following:

1. Programs – Class and camp instruction for all groups as approved by the CPRD in accordance with the Cupertino Contract Instructor Manual. All instruction shall be provided at a quality consistent with the standards found at other ceramics and art instruction studios which are open to the public.

A. Ceramic and Art Camps for Youth and Teens
• Contractor provides half and/or full day Summer camps for youth and teens, pertaining to a variety of art mediums and ceramic disciplines.

B. Youth and Teen Ceramic classes
• Contractor provides ceramic courses for youth aged 2 – 17 and ceramic courses for handbuilding and potter’s wheel for teens.

C. Adult Ceramic classes
• Contractor provides adult courses for hand building, and beginner, intermediate, and advanced pottery wheel classes for adults.

D. Open Ceramic Studio
• Contractor provides supervised Open Ceramic Studio, in which participants are free to utilize the studio for personal projects at their own pace. Contractor supervision is to ensure the safety of the participants, equipment, and facility.

E. Private Lessons
• Contractor provides Private Lessons for one to two individuals, instructing them on ceramic concepts at a more suitable pace.

F. Private Ceramic and Art parties
• Contractor provides private birthday and corporate parties for up to 30 individuals, giving groups a 2-hour party where they can participate in ceramics together.

Decorating the studio and tables for food spreads are included in the experience.

Contractor is required to provide all supplies needed to perform ceramic and art programs at the Wilson Park Building such as clay, brushes, glue, paint, paper, fabric, etc. Essential functions of the facility will be provided by the CPRD, which includes the kitchenette, kiln, pottery wheels, utilities, and alarm system and the costs associated with maintaining those.

2. Location, Size and Time of Contractor Services - Times, dates, and locations of a class, camp, activity, program, or service (“class”) will be approved by the CPRD. Class size shall be established and approved by the CPRD. The CPRD, at its sole discretion, may change the agreed dates, times, and locations of a class, or may cancel a class.

3. Compensation - Contractor shall be compensated for services performed pursuant to this Agreement.

For a class taught in person, Classes, Camps, Workshops, Private Lessons: 60% of resident fee based on final rosters. Open Studio: 70% of resident fee based on final roster. Ceramic Parties: 70% of total ceramic party fees collected. The City does not collect material fees for programs. Material fees do not incur a percentage deduction. Courses that require a material fee are required to include an itemized list.

Attachment A
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CPRD and Contractor may mutually agree for Contractor to teach a class online rather than in person, provided that CPRD and Contractor reach agreement for compensation for that online class.

Compensation for that online class shall be specified in writing in a separate side agreement before online instruction for a class begins.

Class Cancellation
Contractor will only receive compensation for a class that is performed. If performance of a class is cancelled by the CPRD or Contractor before instruction begins, Contractor will not receive compensation for the class. If the CPRD or Contractor canceled performance of certain meetings of a class, Contractor will only receive compensation for those meetings of the class that are performed.

In the case Contractor unilaterally cancels performance of a class without CPRD approval, CPRD reserves the right to immediately and without notice cancel the remainder of classes offered and or performed by Contractor.

4. Registration, Enrollment, and Supervision – The Contractor shall follow all guidelines pertaining to registration procedures as listed in the quarterly recreation schedule and develop a schedule of recreational programs to provide. The CPRD shall provide the registration portal (Active Network) to enroll class/program participants and collect all registration fees from the enrollee. The Contractor will be provided with a login to access program rosters, attendance sheets, and parent contact information. Participants may not take part in the program unless they are listed on the class roster or can show proof of enrollment. All participants and volunteers need to complete the CPRD’s Waiver of Liability form prior to taking part in the program. If applicable, contractors who are responsible for supervising minors must remain with the class until a parent of legal guardian has arrived and all minors are released to them.

Eligible Participant Minimum and Maximums for Contractor Services Minimum: 3
Maximum: 45
If less than the required minimum number of participants enroll in and pay for a particular class as identified in the schedule before the class is scheduled to start, the CPRD may cancel the particular class and/or terminate this Agreement without additional notice or payment to Contractor.

5. Advertising – The CPRD shall conduct advertising and registration for the Contractor’s scheduled programming through listing the courses in the Recreation Schedule. Quarterly recreation schedules are available for fall, winter, spring, and summer sessions. The Contractor shall obtain prior CPRD approval if Contractor wishes to advertise its programming in addition to the City’s advertising methods.

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

7. Contract Instructor Manual – The Contractor and its employees are expected to adhere to the following City and departmental policies while working with the CPRD. Failure to observe these guidelines may be grounds for early contract termination. 199
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8. Optional Services – The Contractor may propose additional services. These services shall be included as additional line items in the submitted fee proposal. The CPRD reserves the sole right to accept, reject, or modify any proposed additional services.
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CLASS AND ACTIVITY DETAILS
Item Class Name & Description Season(s) to Teach # of
Class
Meetings
Proposed
Enrollment
Min/Max
Proposed
Age
Min/Max
1 ☐Fall
☐Winter
☐Spring
☐Summer Classes
☐Summer Camps
2 ☐Fall
☐Winter
☐Spring
☐Summer Classes
☐Summer Camps
3 ☐Fall
☐Winter
☐Spring
☐Summer Classes
☐Summer Camps
4 ☐Fall
☐Winter
☐Spring
☐Summer Classes
☐Summer Camps
5 ☐Fall
☐Winter
☐Spring
☐Summer Classes
☐Summer Camps
6 ☐Fall
☐Winter
☐Spring
☐Summer Classes
☐Summer Camps
7 ☐Fall
☐Winter
☐Spring
☐Summer Classes
☐Summer Camps
8 ☐Fall
☐Winter
☐Spring
☐Summer Classes
Attachment B
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☐Summer Camps
9☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
10☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
11☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
12☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
13 ☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
14☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
15☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
16☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
17☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
18☐Fall ☐Winter
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☐Spring ☐Summer Classes ☐Summer Camps
19☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
20☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
21☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
22☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
23☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
24☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
25☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
26☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
27☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
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SCHEDULE OF FEES
List all proposed classes identified in Attachment B, indicating those that are optional, and provide the total annual number of proposed class meetings, the proposed fee per class and the total estimated annual cost.

The Cupertino Parks and Recreation Department (CPRD) will compensate class instructors as stated in Attachment A “Scope of Work,” Section 3. Compensation. CPRD does not collect material fees for programs. Material fees do not incur a percentage deduction. If courses require a material fee, an itemized list will be required. Take into consideration the revenue split when proposing class fees.

Item Class Name # of
Class
Meetings
Proposed Activity
Fee Per Class
Meeting
Subtotal
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
Attachment C
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1 7
18 19
20 21
22 23
24 25
26 27
Total
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No. ___________
FY{---Fiscal Year Start---} - {---Fiscal Year End---}

RECREATION SERVICES AGREEMENT

1. Parties. This contract 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 included in the Scope of Work and in accordance with the Schedule of Performance attached in Exhibit A.

3. Term. This contract begins on the Effective Date and ends on {---Expiration Date---} (“Contract Time”), unless extended or terminated as provided herein. Time is of the essence and Contractor must have sufficient time, resources, and qualified staff to deliver the Services as required.

Contractor must promptly notify City of any actual or potential delays to afford the Parties adequate opportunity to address or mitigate such delays. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy.

4. Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will be based upon actual costs but that will be capped so as not to exceed ${---Contract Amount---} (“Contract Price”), based upon the Scope of Services, budget, performance schedule, and rates included in Exhibit A. The maximum compensation includes all costs, expenses, and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount.

Contractor must submit invoices and the information required in Exhibit A in order to receive payment.

City will compensate Contractor within thirty (30) days after approval of written invoices.

5. Independent Contractor.

Contractor will supply all tools, materials, and equipment required to perform the Attachment D
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Services under this Contract. Contractor is responsible for obtaining permits and licenses required by law and must obtain a City business license, if required by the Cupertino Municipal Code.

City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor.

Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remit to City any payments due by the City as a result of such determination, so that the City’s total expenses under this Agreement are not greater than they would have been had the determination not been made. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or 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.

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deliverables, and costs/fees, and must be made reasonably available to City. The records and supporting documents must be kept separate from other files and maintained for four (4) years from the date of City’s final payment.

10. Publicity and Signs. Any publicity generated by Contractor related to this contract or the Services during the Contract Time and for one (1) year thereafter must reference City contributions.

13. Compliance with Laws and Other City Requirements.

Contractor must comply with labor laws pertaining to prevailing wages, working hours, overtime, payroll records, and other requirements imposed by the Department of Industrial Relations.

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and regulations applicable to this Agreement and avoid conflicts of interest. Contractor may be required to file a conflict of interest form for engaging in governmental decisions or serving in a staff capacity, and is hereby advised to review the requirements of California Political Reform Act and the California Code of Regulations. Services may only be performed by persons who are not employed by City and who do not have a contractual relationship with City other than this contract. Contractor agrees to abide by City policies and administrative rules prohibiting gifts to City officials and employees.

Additional Requirements for Services Provided to Minors. Contractor and its employees who provide services under this Agreement must comply with these additional requirements:

A. Undergo fingerprints and a criminal background and verify all employees providing services under this contract have met this requirement.

B. Complete a Tuberculosis screening test as required by law and as set forth in Exhibit D.

Require coaches and administrators to successfully complete the concussion and head injury education at least once either online or in person, before supervising a participant.

E. If providing instruction, Contractor must acknowledge and comply with all requirements set forth in the Parks & Recreation Services Instructor Manual. {--rcl--Recreation Contract - Services for Children--rcl--}{--rcl--Recreation Contract - Services for Children - Does Not Involve Minors--rcl--}

For City:

Name: {---City Project Manager Name---}
Position: {---City Project Manager Title---}
Contact: {---City Project Manager Email---}
For Contractor:

Name: {---Contractor POC---}
Position: {---Contractor POC Title---}
Contact: {---Contractor POC Email---}

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19. Third Party Beneficiaries. There are no third party beneficiaries under this Contract.

23. Headings. The headings are for convenience only and are not a part of the contract or intended to affect, limit, or amplify the terms or provisions of this Agreement.

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the persons listed below. The notices will be deemed effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth (5th) 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
Cc: Representative/Coordinator: {---City Project
Manager Name---}
Email: {---City Project Manager Email---}
To Contractor: {---Company Name---}
{---Street1---}, {---Street2---}
{---City---}, {---State/Province---} {---Postal Code-
--}
Cc: Representative/Coordinator: {---Contractor
POC---}
Email: {---Contractor POC Email---}

SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties have caused this contract to be executed.

CONTRACTOR
By ________________________
Name______________________
Title ______________________
Date_______________________
Tax I.D. No.: {---Tax ID---}

CITY OF CUPERTINO
A Municipal Corporation
By ________________________
Name______________________
Title ______________________
Date_______________________
APPROVED AS TO FORM:
_____________________________
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
_____________________________

KIRSTEN SQUARCIA
City Clerk
Date_______________________
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EXHIBIT C

AFFIDAVIT OF NO EMPLOYEES
State of California
County of Santa Clara
City of Cupertino
I, the undersigned, declare as follows:

I am an independent contractor and the owner of {---Company Name---}.

I wish to enter into a services contract with the City of Cupertino. I am fully aware of the provisions of section 3700 of the California Labor Code, which requires every employer to provide Workers' Compensation coverage for employees in accordance with the provisions of that Code. I am also aware that I must provide proof of workers’ compensation insurance to the City of Cupertino for any and all employees I may have, pursuant to Section 12 of the City of Cupertino’s contract.

I hereby certify that I do not have any employees nor will I have any employees working for me or my business during the term of any service contract with the City of Cupertino. I am not required to have Workers’ Compensation insurance.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on this ____day of ____________, 2025, at , California. ______________________________

PRINT NAME
______________________________

SIGNATURE
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EXHIBIT D
Contractor’s Mandated Reporter Declaration
The undersigned does hereby certify that:

1. I am a representative of {---Company Name---}; that I am familiar with the facts herein and am authorized and qualified to execute this declaration.

2. I declare that {---Company Name---} has complied with fingerprinting and criminal background investigation requirements with respect to all Contractor’s employees who may have contact with minors in the course of providing services pursuant to the Agreement, and the California Department of Justice has determined that none of those employees has been convicted of a felony, as that term is defined in California Penal Code Section 11105.3.

5. That a complete and accurate list of Contractor’s employees, who may come in contact with minors during the course and scope of the Agreement, are included below.

6. All of the below mentioned employees have tested negative for TB, or X-ray results for TB, and have current documentation on file with Contractor.

7. All of the below mentioned employees have received training and understand their responsibilities under the Mandated Reporter laws of this state and are willing and able to comply.

List of all Contractor Employees working for the City (if no Employees, identify “self”):

List of Employees or Self

8. The Contractor will notify the City of Cupertino in writing of any new employees and will be added to the above list prior to beginning work at the City of Cupertino.

I declare under penalty of perjury that the foregoing is true and correct.

CONTRACTOR
By
Name
Title
Date
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Exh. B Insurance for Recreation Contracts Updated August 2024 1 Exhibit B
Insurance Requirements for Recreation Contracts
As required by the Agreement, Contractor shall procure prior to commencement of Services and maintain the following insurance for the duration of the Agreement against claims arising from or in connection with Contractor, its agents, representatives, employees or subcontractors Services under this Agreement.

Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:

2. Automobile Liability: ISO CA 0001 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000 per accident for bodily injury and property damage; or proof of Contractor’s personal auto insurance with limits required by state law. (Contractor shall not transport or use its personal vehicle to transport participants or perform work under this contract.)

3. Workers’ Compensation: As required by the State of California, with Statutory and Employer’s Liability Insurance limits of no less than $1,000,000 per accident for bodily injury or disease; or contractor must sign affidavit of no employees.

Insurance coverage required may be satisfied by a combination of Primary and Excess/Umbrella insurance.

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

Attachment E
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Exh. B Insurance for Recreation Contracts Updated August 2024 2 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).

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

CITY OF CUPERTINO
Agenda Item
25-13744 Agenda Date: 5/20/2025
Agenda #: 12.

Subject: Award a contract to Dan Gertmenian dba Dynamic Teaching, a sole proprietor/individual, for Math Olympiads Instruction for a total not-to-exceed amount of $1,480,000.

1. Award a five-year contract to Dan Gertmenian to provide Math Olympiads Instruction in the amount not to exceed $296,000 per year, totaling $1,480,000; and

2. Authorize the City Manager to execute the contract with Dan Gertmenian when all conditions have been met.

CITY OF CUPERTINO Page 1 of 1 Printed on 5/14/2025
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CITY COUNCIL STAFF REPORT
Meeting: May 20, 2025
Subject
Award a contract to Dan Gertmenian dba Dynamic Teaching, a sole proprietor/individual, for Math Olympiads Instruction for a total not-to-exceed amount of $1,480,000.

Recommended Action

1. Award a five-year contract to Dan Gertmenian to provide Math Olympiads Instruction in the amount not to exceed $296,000 per year, totaling $1,480,000; and

2. Authorize the City Manager to execute the contract with Dan Gertmenian when all conditions have been met.

Background
The Math Olympiads program offered by the City has grown significantly over the course of two decades. Starting out as a quarterly after-school enrichment class offered at Cupertino Unified School District (CUSD) school sites in 2005, the program is now offered as a school year-long course taking place at Creekside Park Building (Creekside).

Current programs include Math Olympiads Honors, Math Olympiad Accelerated, Math Themed Events, Information Nights, Trial Math Classes, Optional Participant Events and Parent-Child Math Olympiad Classes as well as Chess classes and events. These classes run concurrently throughout the school year and provide Cupertino residents and students at the CUSD a highly impactful learning environment utilizing a studentcentered teaching style. Former students and current high school students volunteer as teaching assistants to help with grading and providing specialized instruction, while advancing their own math and leadership skills.

The City Council awarded a three-year contract to the current contractor in June 2021.

City Council approved an amendment on June 18, 2024, to increase the overall contract amount and extend the contract expiration date to August 31, 2025. 218
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Request for Proposal
On March 21, 2025, the City issued a Request for Proposal (RFP) seeking a qualified vendor to provide specified Math Olympiads instruction at Creekside. The RFP sought proposals for a five-year contract commencing on September 1, 2025.

The RFP process was conducted in accordance with applicable City policy and the Municipal Code while following standard best practices for this process. The RFP was posted on the City’s website, which included notification to local plan rooms and builders exchanges. Additionally, it was advertised on DemandStar, a publicly available procurement site for government contracts with thousands of registered vendors.

On April 18, 2025, the City received one proposal from Dan Gertmenian, owner of Dynamic Teaching.

Reasons for Recommendation
Staff evaluated Dan Gertmenian’s (Dan) proposal based on the submitted team qualifications and experience, firm qualification and experience, work plan and approach, the proposed number of program activities and the compensation amount. As is typical with an RFP, the compensation/proposal amount is not the determining factor.

Dan’s proposal demonstrated a clear understanding of the City’s work request and included a clear explanation of the use of space, the methodologies used regarding program offerings, procedures, and the on-site staff organization and duties. As the City’s current contractor, Dan has been providing programs and serving the Cupertino community for over 19 years.

The proposal includes a projected total annual revenue of $395,604.00 based on the current program’s numbers, with a contractor payment of $257,142.60 and $138,461.40 in City net revenue. The City is estimated to receive a total of $690,000 in net revenue over the 5-year contract based on the proposed programming. The contract terms include a 65/35 split on revenue collected for in-person classes and camps with the contractor receiving 65% of the revenue and the City receiving 35% of the revenue.

Dan will administer the program including hiring and training instructors and providing all class and camp materials. The City provides the facility, registration, and a listing in the recreation class schedule. Offering specialty recreation classes and programs through negotiated contracts such as these are an industry standard and occur commonly in surrounding cities such as Campbell, Sunnyvale, Santa Clara, and Mountain View.

Proposer Estimated Annual
Total Revenue
Annual Contractor
Payment
Annual City Net
Revenue
Dan Gertmenian $395,604.00 $257,142.60 $138,461.40
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Dan has built and established a positive reputation for this Math Olympiads youth program. Over the years, Dan has perfected the Math Olympiads program to meet the math needs of the community. The format of the program allows students to participate over multiple years without repeating coursework which has gained loyalty and increased participation for the program. Based on the findings outlined above, staff recommends awarding a five-year contract to Dan Gertmenian dba Dynamic Teaching for $1,285,713, and a contingency amount of $194,287 to allow for future program growth, for a total contract amount not to exceed $1,480,000.

Sustainability Impact
No sustainability impact.

Fiscal Impact
The Fiscal Year 2025-2026 Parks and Recreation Youth Teen Recreation budget (GL 580- 62-613 700-702) includes a projected allocation of $300,000 and is adequate for funding this contract.

Including a contingency amount at 3% per year over five years ensures accommodation for future growth of the program and potential fee increases.

City Work Program (CWP) Item/Description
None.

Council Goal:

A – Draft Agreement
B – Request for Proposal
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No. ___________
FY2026 - 2031

RECREATION SERVICES AGREEMENT

1. Parties. This contract is made by and between the City of Cupertino, a municipal corporation (“City”), and DAN GERTMENIAN DBA GERTMENIAN DYNAMIC TEACHING (“Contractor”), a Sole Proprietorship/Individual for Math Olympiads Instruction and is effective on the last date signed below (“Effective Date”).

2. Services. Contractor agrees to provide the Services included in the Scope of Work and in accordance with the Schedule of Performance attached in Exhibit A.

4. Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will be based upon actual costs but that will be capped so as not to exceed $1,480,000.00 (“Contract Price”), based upon the Scope of Services, performance schedule, and rates included in Exhibit A. The maximum compensation includes all costs, expenses, and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. Contractor must submit invoices and the information required in Exhibit A in order to receive payment. City will compensate Contractor within thirty (30) days after approval of written invoices.

5. Independent Contractor.

5.1 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. No civil service status or other right of employment will be acquired by virtue of Contractor’s performance of the Services. Contractor is not entitled to City’s health benefits, worker’s compensation or any other benefit. Contractor must have the skills 221
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and qualifications to perform the Services in a competent and professional manner.

8. Records. Contractor must maintain complete, accurate, and detailed accounting records relating to its performance in accordance with generally accepted accounting principles and procedures. The records must include detailed information about Contractor’s services, benchmarks, deliverables, and costs/fees, and must be made reasonably available to City. The records and supporting documents must be kept separate from other files and maintained for four (4) years from the date of City’s final payment.
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10. Publicity and Signs. Any publicity generated by Contractor related to this contract or the Services during the Contract Time and for one (1) year thereafter must reference City contributions.

13. Compliance with Laws and Other City Requirements.

Contractor must comply with labor laws pertaining to prevailing wages, working hours, overtime, payroll records, and other requirements imposed by the Department of Industrial Relations.

If Contractor does not have employees, it must sign the Affidavit of No Employees, attached as Exhibit C. Contractor is responsible for verifying employment eligibility of employees pursuant to the Immigration Reform and Control Act of 1986. Contractor must comply with conflict of interest laws and regulations applicable to this Agreement and avoid conflicts of interest. Contractor may be required to file a conflict of interest form for engaging in governmental decisions or serving in a staff 223
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Additional Requirements for Services Provided to Minors. Contractor and its employees who provide services under this Agreement must comply with these additional requirements:

A. Undergo fingerprints and a criminal background and verify all employees providing services under this contract have met this requirement.

B. Complete a Tuberculosis screening test as required by law and as set forth in Exhibit D.

Require coaches and administrators to successfully complete the concussion and head injury education at least once either online or in person, before supervising a participant.

E. If providing instruction, Contractor must acknowledge and comply with all requirements set forth in the Parks & Recreation Services Instructor Manual.

This contract requires services for children.

For City:

Name: Robert Kaufman
Position: Recreation Coordinator
Contact: [email protected]
For Contractor:

Name: Dan Gertmenian
Position: Instructor
Contact: [email protected]

16. Termination. City may terminate this contract for cause or without cause at any time and will notify Contractor as soon as possible. Contractor will be paid for satisfactory services rendered through the date of termination upon submission of final invoices approved by City. 224
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19. Third Party Beneficiaries. There are no third party beneficiaries under this Contract.

23. Headings. The headings are for convenience only and are not a part of the contract or intended to affect, limit, or amplify the terms or provisions of this Agreement.

26. Notices. All notices and instruments pertaining to material provisions of this contract or significant disputes which are required by law or under this contract to be in writing must be sent to the persons listed below. The notices will be deemed effective on the date of personal delivery or the 225
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To City of Cupertino:

Office of the City Manager
10300 Torre Ave., Cupertino, CA 95014
Cc: Representative/Coordinator: Robert
Kaufman
Email: [email protected]
To Contractor: DAN GERTMENIAN DBA

GERTMENIAN DYNAMIC TEACHING
167 ACALANES DR, #15,
SUNNYVALE, CA 94086
Cc: Representative/Coordinator: Dan
Gertmenian
Email: [email protected]

SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties have caused this contract to be executed.

CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date

CONTRACTOR
By
Name
Title
Date
Tax I.D. No.: Refer to W9
APPROVED AS TO FORM:

MICHAEL K. WOO
Senior Assistant City Attorney
ATTEST:

KIRSTEN SQUARCIA
City Clerk
Date
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Updated 04/29/25

EXHIBIT A

SCOPE OF WORK, PERFORMANCE AND PAYMENT SCHEDULES
The CONTRACTOR will provide Math Olympiads Instruction in, but not limited to, the following:

Math Olympiads
• Contractor provides year-round instruction to Elementary and Middle school students, teaching complex ideas and thought processes needed to succeed in contest math.

Math Olympiads Honors
• Contractor provides year-round instruction to Elementary school students with an advanced level of math knowledge, teaching complex ideas and thought processes needed to succeed in contest math.

Math Olympiads Accelerated
• Contractor provides year-round instruction to Middle school students with an advanced level of math knowledge, teaching complex ideas and thought processes needed to succeed in contest math.

Math Olympiads Advanced Topics in Mathematics
• Contractor provides year-round instruction to High school students with an advanced level of math knowledge, teaching complex ideas and thought processes needed to succeed in contest math.

Math Themed Events
• Contractor provides in-house math competitions designed to assess the learned knowledge of students in the program and grow their experience with math and math competitions.

Information Nights
• Contractor provides annual informational nights prior to the start of the school year to inform parents on details of the Math Olympiads program, which helps with informing and marketing the program for enrollment.

Chess Events
• Contractor provides chess-based events such as simultaneous exhibitions to assess fundamentals, strategy and thought processes.

Location and Time of CONTRACTOR Services:

Refer to the City’s Publications for agreed upon dates, times, and locations of a class, camp, activity, program, or service (“class”). The City, at its sole discretion, may change the agreed dates, times, and locations of a class, or may cancel a class.
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Compensation for CONTRACTOR Services:

Contractor shall be compensated for services performed pursuant to this Agreement.

For a class taught in person, 65% of the resident fee based on final class rosters, minus copier use fees.

City and Contractor may mutually agree for Contractor to teach a class online rather than in person, provided that City and Contractor reach agreement for compensation for that online class.

Compensation for that online class shall be specified in writing in a separate side agreement before online instruction for a class begins.

Eligible Participant Minimum and Maximums for CONTRACTOR Services:

Minimum: 12
Maximum: 27
If less than the required minimum number of participants enroll in and pay for a particular class as identified in the schedule before the class is scheduled to start, the City may cancel the particular class and/or terminate this Agreement without additional notice or payment to Contractor.

Performance of CONTRACTOR Services:

Injury of a Class Participant
In the event of an injury occurring to a participant, the Contractor will notify the City within 1 hour and complete an Incident Report in the form approved by the City. The Incident Report must be submitted to the City within 24 hours of the injury occurring. 229
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Exh. B Insurance for Recreation Contracts Updated August 2024 1 Exhibit B
Insurance Requirements for Recreation Contracts
As required by the Agreement, Contractor shall procure prior to commencement of Services and maintain the following insurance for the duration of the Agreement against claims arising from or in connection with Contractor, its agents, representatives, employees or subcontractors Services under this Agreement.

Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:

2. Automobile Liability: Proof of Contractor’s personal auto insurance with limits required by state law. (Contractor shall not transport or use its personal vehicle to transport participants or perform work under this contract.)

3. Workers’ Compensation: Contractor Must Sign Affidavit of No Employees

Insurance coverage required may be satisfied by a combination of Primary and Excess/Umbrella insurance.

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).
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Exh. B Insurance for Recreation Contracts Updated August 2024 2 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.

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

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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EXHIBIT C

AFFIDAVIT OF NO EMPLOYEES
State of California
County of Santa Clara
City of Cupertino
I, the undersigned, declare as follows:

I am an independent contractor and the owner of DAN GERTMENIAN DBA GERTMENIAN DYNAMIC TEACHING.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on this ____day of ____________, 2025, at , California.

______________________________

PRINT NAME
______________________________

SIGNATURE
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EXHIBIT D
Contractor’s Mandated Reporter Declaration
The undersigned does hereby certify that:

1. I am a representative of DAN GERTMENIAN DBA GERTMENIAN DYNAMIC TEACHING; that I am familiar with the facts herein and am authorized and qualified to execute this declaration.

2. I declare that DAN GERTMENIAN DBA GERTMENIAN DYNAMIC TEACHING has complied with fingerprinting and criminal background investigation requirements with respect to all Contractor’s employees who may have contact with minors in the course of providing services pursuant to the Agreement, and the California Department of Justice has determined that none of those employees has been convicted of a felony, as that term is defined in California Penal Code Section 11105.3.

5. That a complete and accurate list of Contractor’s employees, who may come in contact with minors during the course and scope of the Agreement, are included below.

6. All of the below mentioned employees have tested negative for TB, or X-ray results for TB, and have current documentation on file with Contractor.

7. All of the below mentioned employees have received training and understand their responsibilities under the Mandated Reporter laws of this state and are willing and able to comply.

List of all Contractor Employees working for the City (if no Employees, identify “self”):

Self

8. The Contractor will notify the City of Cupertino in writing of any new employees and will be added to the above list prior to beginning work at the City of Cupertino.

I declare under penalty of perjury that the foregoing is true and correct.

CONTRACTOR
By
Name
Title
Date
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CITY OF CUPERTINO

REQUEST FOR PROPOSAL
FOR

MATH OLYMPIADS INSTRUCTION
RFP Issue Date:

March 21, 2025
Submittal Due Date:

April 18, 2025, by 5:00 p.m.

OFFICE OF THE DIRECTOR OF PARKS AND RECREATION
QUINLAN COMMUNITY CENTER • 10185 N. STELLING ROAD • CUPERTINO, CA 95014‐3255 TELEPHONE: (408) 777‐3120
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City of Cupertino RFP
Math Olympiads Instruction

REQUEST FOR PROPOSAL

CITY OF CUPERTINO

TABLE OF CONTENTS

1. INVITATION

2. PROJECT SCOPE OF WORK

3. TENTATIVE TIMELINE

4. SUBMITTAL REQUIREMENTS

5. CLARIFICATIONS AND QUESTIONS

6. SUBMITTAL PROCESS

7. EVALUATION PROCESS

8. FEEPROPOSAL

9. SELECTION CRITERIA

10. SELECTION PROCESS

11. DISCLAIMERS AND RESERVED RIGHTS

12. CONTRACT REQUIREMENTS

ATTACHMENTS
ATTACHMENT A: Scope of Work
ATTACHMENT B: Class and Activity Details
ATTACHMENT C: Schedule of Fees
ATTACHMENT D: Sample Recreation Services Agreement, Affidavit of No Employees, Contractor’s Mandated
Reporter Declaration
ATTACHMENT E: Insurance Requirements
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City of Cupertino RFP
Math Olympiads Instruction
3 1. INVITATION
The City of Cupertino (City) invites proposal submittals from qualified Contractors to provide Math Olympiads instruction services. The City is seeking to secure a Contractor that has the required experience, qualifications, expertise, and resources to perform the services identified in this Request for Proposal (RFP).

Since 2021, the City has been offering Math Olympiads, Math Olympiads Honors, Math Olympiad Accelerated, Math Themed Events, Information Nights, Trial Math Classes, Optional Participant Events and Parent-Child Math Olympiad Classes as well as Chess classes and events at the Creekside Park Building. These classes provide Cupertino residents and students at the Cupertino Union School District a highly impactful learning environment utilizing a student-centered teaching style. Former students and current high school students volunteer as teaching assistants to help with grading and providing specialized instruction, while advancing their own math and leadership skills. These courses are run concurrently throughout the school year. Information on current classes can be found in the City’s Recreation Schedule.

The City seeks proposals from qualified contractors to offer Math Olympiads instruction through a five-year contract commencing on September 1, 2025 and ending on August 31, 2030.

2. SCOPE OF WORK
The scope of work is to provide Math Olympiads instruction at the Creekside Park Building.

The scope of work is detailed in Attachment A.

Subcontractors that will support the Contractor and may be included as a part of the instruction team should be identified. The City is committed to securing high quality services that will result in a successful Math Olympiads program. Subcontractor staff and experience shall be included in the response to this RFP.

Task Date
Issuance of Request for Proposal March 21, 2025
Deadline for Contractor Questions April 9, 2025, by 12:00 p.m. PST City Response to Questions Deadline April 14, 2025, by 12:00 p.m. PST Deadline to Submit Proposal April 18, 2025, by 5:00 p.m. PST Contract Award June 2025
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Math Olympiads Instruction
4 4. SUBMITTAL REQUIREMENTS
The Proposal submittal is not to exceed 15 pages. The City prefers a quality submission over quantity and succinct, responsive proposals are requested.

Contractor proposal submissions are to provide the following information:

A. organization structure,
B. background and general qualifications,
C. subcontractors, and
D. experience providing Math Olympiad classes similar to the programs described in this RFP
Proposal shall be organized by tabs/dividers in the order of the sections as outlined below to facilitate review, with subcontractor work identified within each task item:

B. Instruction Team Qualifications and Experience – Identify the principal instructor(s) and key staff involved in delivering the services outlined in this RFP. Identify the role of each and describe each staff’s experience, qualifications, and proposed role.

Include any subcontractors or others that would support this program. Include relevant information related to instruction experience; dates and duties/responsibilities.

Include a single client contact for each contract reference listed.

Specifically address the potential to offer volunteer opportunities to former students, current high school students or other qualified individuals to support the program.

Additionally, identify approaches to resolve potential critical issues and other elements of concern.
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Math Olympiads Instruction
5 E. Class and Activity Details - Provide information on classes to support this Scope of Work and any potential optional classes or services. The specific details shall be submitted using Attachment B and indicate the season(s) proposing to teach, the name and a brief description of the class, the estimated amount of class meetings, minimum and maximum enrollment, and minimum and maximum age.

Include “RFP for Math Olympiad Instruction” in the subject line.

Proposal shall be submitted no later than 5:00 p.m. PST on April 18, 2025, and are to be addressed to Sonya Lee, Recreation Manager.

It is recommended that contractors familiarize themselves with the web application prior to the due date. Make sure to follow all submittal instructions and include all required documents. 238
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Math Olympiads Instruction
6 Submitting documents electronically can take more time than anticipated so please allow enough time to finalize your submission by the stated deadline. Proposal submittals in process but not completely uploaded by the deadline will automatically be rejected by the system. It will not allow submissions once the deadline closes. Hard copies in any form will not be accepted. No faxed submittals will be accepted. Electronic submittals are the only form of submittal that will be accepted.

The Contractor is responsible for all costs associated with the Proposal submission.

Criteria Submittal
Sections
Possible
Points
1 Instructor Team, Qualifications and Experience A, B, C 30

2. Demonstration of Successful Instruction
Experience with Similar Contracts C 30
3 Proposed Work Plan and Approach D, E 30

If an interview is conducted, it will occur after the proposals have been evaluated.

The evaluation committee will again rank the interviewed contractors, and the highest ranked proposer will be identified, based on the best overall ranking among the committee members.

8. FEE PROPOSAL
A fee proposal, including proposed registration fees and charges for classes, camps and services 239
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Math Olympiads Instruction
7 will be submitted using Attachment C “Schedule of Fees.” This fee proposal shall be uploaded to the Bid Opportunity website as a separate attachment and not included with the response information requested in this RFP.

9. SELECTION CRITERIA
Highly qualified Contractors will demonstrate the following evaluative criteria listed below, not necessarily in order of importance, which aligns with the broad evaluation criteria identified in Section 8:
• Prior experience performing similar types and magnitude of work. • Success and range of experience in previous programs, especially programs of similar scope, including quality of work and related criteria.
• Qualifications and experience of key staff persons proposed to perform the work. • Established structure and program for delivering assignments and ability to adhere to schedules and budgets.
• Percentage of total annual revenue which includes, but is not limited to, all fees for all services including camps, classes, and private lessons. • Ability to adapt to changes and factors throughout the process that may affect the program outcome.
• Ability to provide a range of services that meet the project needs. • Ability to meet the City’s schedule for all program activities identified in the Recreation Guide. • Ability to meet Contractor Expectations in the Cupertino Contract Instructor Manual.

11. DISCLAIMERS AND RESERVED RIGHTS
This Request for Proposal does not commit the City to award a contract or to pay any costs 240
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City of Cupertino RFP
Math Olympiads Instruction
8 incurred in the preparation of a proposal or participation in response to this RFP.

The City reserves the right to accept or reject any or all proposals received, waive any irregularities, negotiate with qualified proposers, select contractors which, in its opinion, best serve the City’s interests or cancel the Request. The City reserves the right to reject any proposal that is determined to contain false, misleading, or materially incomplete information.

A completed Internal Revenue Service Form W-9 may also be required to establish the vendor in the City’s Financial System.

SCOPE OF WORK
The Contractor will provide Math Olympiad instruction services to the Cupertino Parks and Recreation Department (CPRD) including, but not limited to, the following:

1. Programs – Class and camp instruction for all groups as approved by the CPRD in accordance with the Cupertino Contract Instructor Manual. All instruction shall be provided at a quality consistent with the standards found at other Math Olympiads instruction classes which are open to the public.

A. Math Olympiads
• Contractor provides year-round instruction to Elementary and Middle school students, teaching complex ideas and thought processes needed to succeed in contest math.

B. Math Olympiads Honors
• Contractor provides year-round instruction to Elementary school students with an advanced level of math knowledge, teaching complex ideas and thought processes needed to succeed in contest math.

C. Math Olympiads Accelerated
• Contractor provides year-round instruction to Middle school students with an advanced level of math knowledge, teaching complex ideas and thought processes needed to succeed in contest math.

D. Math Themed Events*
• Contractor provides in-house math competitions designed to assess the learned knowledge of students in the program and grow their experience with math and math competitions.

E. Chess*
• Contractor provides chess classes teaching the fundamentals as well as complex strategy and thought processes.

F. Chess Events*
• Contractor provides chess-based events such as simultaneous exhibitions to assess fundamentals, strategy and thought processes.

G. Information Nights*
• Contractor provides annual informational nights prior to the start of the school year to inform parents on details of the Math Olympiads program, which helps with informing and marketing the program for enrollment.
* Math Themed Events, Chess, Chess Events, and Information Nights are optional services and are not required.

Contractor provides all supplies needed to perform Math Olympiads instruction services at Creekside Park Building such as worksheets, class information, paper, pens, pencils, whiteboard erasers, scissors etc. For optional services, Contractor provides hand-outs, presentation materials and more niche materials including chess boards, chess pieces, prizes, etc. Essential functions of the facility will be provided by the CPRD, which includes lighting, electricity, running water, trash receptacles, tables, and chairs.

Attachment A
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2. Location and Time of Contractor Services - Times, dates, and locations of a class, camp, activity, program, or service (“class”) will be approved by the CPRD. The CPRD, at its sole discretion, may change the agreed dates, times, and locations of a class, or may cancel a class.

3. Compensation - Contractor shall be compensated for services performed pursuant to this Agreement.

For a class taught in person, 65% of the resident fee based on final class rosters, minus copier use fees listed in City’s fee schedule. The CPRD does not collect material fees for programs. Material fees do not incur a percentage deduction. Courses that require a material fee are required to include an itemized list.

CPRD and Contractor may mutually agree for Contractor to teach a class online rather than in person, provided that CPRD and Contractor reach agreement for compensation for that online class.

Compensation for that online class shall be specified in writing in a separate side agreement before online instruction for a class begins and shall not exceed the compensation percentage for in person classes.

Class Cancellation
Contractor will only receive compensation for a class that is performed. If performance of a class is cancelled by the City or Contractor before instruction begins, Contractor will not receive compensation for the class. If the CPRD or Contractor canceled performance of certain meetings of a class, Contractor will only receive compensation for those meetings of the class that are performed.

Eligible Participant Minimum and Maximums for Contractor Services Minimum: 10
Maximum: 40
If less than the required minimum number of participants enroll in and pay for a particular class as identified in the schedule before the class is scheduled to start, the CPRD may cancel the particular class and/or terminate this Agreement without additional notice or payment to Contractor.

5. Advertising – The CPRD shall conduct advertising and registration for the Contractor’s scheduled programming through listing the courses in the Recreation Schedule. Quarterly recreation schedules 243
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are available for fall, winter, spring, and summer sessions. The Contractor shall obtain prior CPRD approval if Contractor wishes to advertise its programming in addition to the City’s advertising methods.

7. Contractor Instructor Manual – The Contractor and its employees are expected to adhere to the following City and departmental policies while working with the CPRD. Failure to observe these guidelines may be grounds for early contract termination.

8. Optional Services – The Contractor may propose additional services instead of, or in addition to, the optional services identified in the Scope of Work. These additional services shall be included as additional line items in the submitted fee proposal. The CPRD reserves the sole right to accept, reject, or modify any proposed additional services.
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CLASS AND ACTIVITY DETAILS
Item Class Name & Description Season(s) to Teach # of
Class
Meetings
Proposed
Enrollment
Min/Max
Proposed
Age
Min/Max
1 ☐Fall
☐Winter
☐Spring
☐Summer Classes
☐Summer Camps
2 ☐Fall
☐Winter
☐Spring
☐Summer Classes
☐Summer Camps
3 ☐Fall
☐Winter
☐Spring
☐Summer Classes
☐Summer Camps
4 ☐Fall
☐Winter
☐Spring
☐Summer Classes
☐Summer Camps
5 ☐Fall
☐Winter
☐Spring
☐Summer Classes
☐Summer Camps
6 ☐Fall
☐Winter
☐Spring
☐Summer Classes
☐Summer Camps
7 ☐Fall
☐Winter
☐Spring
☐Summer Classes
☐Summer Camps
8 ☐Fall
☐Winter
☐Spring
☐Summer Classes
☐Summer Camps
Attachment B
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9 ☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
10☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
11☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
12☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
13☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
14☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
15☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
16☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
17☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
18☐Fall ☐Winter ☐Spring
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☐Summer Classes ☐Summer Camps
19☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
20☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
21☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
22☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
23☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
24☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
25☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
26☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
27☐Fall ☐Winter ☐Spring ☐Summer Classes ☐Summer Camps
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Item Class Name # of Class
Meetings
Proposed
Activity Fee Per
Class Meeting
Subtotal
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
Attachment C
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1 7
18 19
20 21
22 23
24 25
26 27
Total
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Page 1 of 9 ends

No. ___________
FY{---Fiscal Year Start---} - {---Fiscal Year End---}

RECREATION SERVICES AGREEMENT

2. Services. Contractor agrees to provide the Services included in the Scope of Work and in accordance with the Schedule of Performance attached in Exhibit A.

Contractor must submit invoices and the information required in Exhibit A in order to receive payment.

City will compensate Contractor within thirty (30) days after approval of written invoices.

5. Independent Contractor.

Contractor will supply all tools, materials, and equipment required to perform the Attachment D
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Page 2 of 9 ends

Services under this Contract. Contractor is responsible for obtaining permits and licenses required by law and must obtain a City business license, if required by the Cupertino Municipal Code.

City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor.

Page 3 of 9 ends

10. Publicity and Signs. Any publicity generated by Contractor related to this contract or the Services during the Contract Time and for one (1) year thereafter must reference City contributions.

13. Compliance with Laws and Other City Requirements.

Contractor must comply with labor laws pertaining to prevailing wages, working hours, overtime, payroll records, and other requirements imposed by the Department of Industrial Relations.

Page 4 of 9 ends

Additional Requirements for Services Provided to Minors. Contractor and its employees who provide services under this Agreement must comply with these additional requirements:

A. Undergo fingerprints and a criminal background and verify all employees providing services under this contract have met this requirement.

B. Complete a Tuberculosis screening test as required by law and as set forth in Exhibit D.

Require coaches and administrators to successfully complete the concussion and head injury education at least once either online or in person, before supervising a participant.

For City:

Name: {---City Project Manager Name---}
Position: {---City Project Manager Title---}
Contact: {---City Project Manager Email---}
For Contractor:

Name: {---Contractor POC---}
Position: {---Contractor POC Title---}
Contact: {---Contractor POC Email---}

Page 5 of 9 ends

19. Third Party Beneficiaries. There are no third party beneficiaries under this Contract.

23. Headings. The headings are for convenience only and are not a part of the contract or intended to affect, limit, or amplify the terms or provisions of this Agreement.

Page 6 of 9 ends

To City of Cupertino:

SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties have caused this contract to be executed.

CONTRACTOR
By ________________________
Name______________________
Title ______________________
Date_______________________
Tax I.D. No.: {---Tax ID---}

KIRSTEN SQUARCIA
City Clerk
Date_______________________
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EXHIBIT C

AFFIDAVIT OF NO EMPLOYEES
State of California
County of Santa Clara
City of Cupertino
I, the undersigned, declare as follows:

I am an independent contractor and the owner of {---Company Name---}.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on this ____day of ____________, 2025, at , California.

______________________________

PRINT NAME
______________________________

SIGNATURE
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EXHIBIT D
Contractor’s Mandated Reporter Declaration
The undersigned does hereby certify that:

1. I am a representative of {---Company Name---}; that I am familiar with the facts herein and am authorized and qualified to execute this declaration.

5. That a complete and accurate list of Contractor’s employees, who may come in contact with minors during the course and scope of the Agreement, are included below.

6. All of the below mentioned employees have tested negative for TB, or X-ray results for TB, and have current documentation on file with Contractor.

7. All of the below mentioned employees have received training and understand their responsibilities under the Mandated Reporter laws of this state and are willing and able to comply.

List of all Contractor Employees working for the City (if no Employees, identify “self”):

List of Employees or Self

8. The Contractor will notify the City of Cupertino in writing of any new employees and will be added to the above list prior to beginning work at the City of Cupertino.

I declare under penalty of perjury that the foregoing is true and correct.

CONTRACTOR
By
Name
Title
Date
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Exh. B Insurance for Recreation Contracts Updated August 2024 1 Exhibit B
Insurance Requirements for Recreation Contracts
As required by the Agreement, Contractor shall procure prior to commencement of Services and maintain the following insurance for the duration of the Agreement against claims arising from or in connection with Contractor, its agents, representatives, employees or subcontractors Services under this Agreement.

Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:

Insurance coverage required may be satisfied by a combination of Primary and Excess/Umbrella insurance.

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

Attachment E
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Exh. B Insurance for Recreation Contracts Updated August 2024 2 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).

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

CITY OF CUPERTINO
Agenda Item
25-13725 Agenda Date: 5/20/2025
Agenda #: 13.

Subject: Authorize OpenGov renewal contract for budgeting, performance, communications, and reporting software for a total amount of $222,401 over three years Authorize the City Manager to execute an agreement with OpenGov, Inc. to renew a contract for budgeting, performance, communications, and reporting software for a total amount of $222,401 over three years.

CITY OF CUPERTINO Page 1 of 1 Printed on 5/14/2025
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CITY COUNCIL STAFF REPORT
Meeting: May 20, 2025
Subject
OpenGov renewal contract for budgeting, performance, communications, and reporting software
Recommended Action
Authorize the City Manager to execute an agreement with OpenGov, Inc. to renew a contract for budgeting, performance, communications, and reporting software for a total amount of $222,401 over three years.

Executive Summary
Since 2014, Cupertino has partnered with OpenGov software for budgeting, performance, communications, and reporting. The proposed agreement ensures uninterrupted services and aligns all product billing cycles with the City’s fiscal year. It also includes a flexible termination clause to accommodate future integration with the City’s upcoming enterprise resource planning (ERP) system. This renewal supports the City Council’s goals for public engagement, fiscal strategy, and operational transparency. Staff recommends that the City Council authorize the City Manager to execute a three-year renewal agreement with OpenGov, Inc. totaling $222,401 for continued access to its cloudbased budgeting, performance, communications, and reporting software.

Background
OpenGov Overview
OpenGov is an integrated cloud-based Software-as-a-Service (“SaaS”) solution for budgeting, performance, communications, and reporting. Founded in 2012, OpenGov has over 1,000 customers in the nation across cities, counties, state agencies, special districts, and higher education. Based in Redwood City, OpenGov has over 230 customers in California alone including Menlo Park, San Jose, Palo Alto, Milpitas, Campbell, Portola Valley, Redwood City, and many others in the Bay Area.

OpenGov and Cupertino History
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In 2014, the City wanted to be able to provide both the public and City Council with ondemand access to accurate financial information. After evaluating multiple vendors, the City partnered with OpenGov to launch a transparency portal. Since then, the City has implemented additional OpenGov products, as OpenGov offers the only integrated solution for reporting, budgeting, workforce planning, communications, and citizen engagement. The City’s use of OpenGov products has helped the City achieve the following strategic goals:
 Accuracy and Collaboration
 Timeliness and Efficiency
 Transparency
 Community Engagement
The following provides a brief timeline of the City’s use of OpenGov products:
 November 2014
o The City implemented an OpenGov transparency portal to provide both the public and City Council with on-demand access to financial information.
 September 2016
o The City entered into a four-year contract for both Reporting and Transparency and Budgeting and Planning. The City added the Budgeting and Planning module to improve collaboration, increase efficiency, and give staff on-demand access to the budget.
 December 2016
o The City added Integrations to automatically synchronize data with the City’s enterprise resource planning system.
 January 2019
o The City added Workforce Planning to help the City calculate personnel costs efficiently and accurately.
 September 2019
o The City added Open Town Hall to help the City to gather feedback from the public.
 December 2019
o The City added Stories to add narrative context to budget and financial data.
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OpenGov Products Overview
The goal of using OpenGov products is to increase collaboration, efficiency, transparency, and engagement. The following section provides a brief overview of the City’s OpenGov products and how they help the City achieve its goals.

Reporting and Transparency Platform
Reporting and Analytics
The Reporting and Analytics module allows the City to create and share financial and non-financial data with staff, residents, and City Council. The public-facing transparency portal can be accessed at cupertino.gov/opengov. Since the launch of the transparency portal, the City has received positive feedback from staff, residents, and City Council regarding the platform’s ease of use and transparency. In 2016, the City earned a First Place Best of OpenGov award for its use of OpenGov for reporting.

Integrations
OpenGov integrates directly with the City’s New World enterprise resource planning system, which contains all of the City’s financial and human resources data. The integration increases reporting timeliness and efficiency, while improving data quality and integrity.

Stories and Dashboards
The Stories module enables the City to easily create and share content that combines data with images, maps, and narrative context. Over the past year, the City has used the Stories module to create interactive quarterly financial reports and an interactive Budget at a Glance. Over the next year, City plans to use Stories to provide more narrative context around the City’s financial information.

Open Town Hall
The Open Town Hall module enables the City to broaden citizen engagement. The City has used Open Town Hall to gather public feedback with digital surveys and budget simulations.

Budgeting and Planning Platform
Operating Budgets and Capital Planning
The Budgeting and Planning platform enables the City to build budgets with greater collaboration, efficiency, and accuracy. The platform enables a collaborative, coordinated budget process by offering a central place for departments to submit proposals, budget teams to review submissions, and management to present the budget to City Council. The City has been using this product to build the budget since 2017.

Workforce Planning
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The Workforce Planning module allows the City to calculate personnel costs efficiently and accurately. Staff can calculate the fully burdened labor costs of an individual or overall workforce, perform scenario analysis to inform budget decisions, and request new positions using accurate, updated costs.

OpenGov Contract
The City’s first contract with OpenGov began on September 1, 2016 and ended on September 1, 2020. The first contract amendment totaled $318,520 for the five-year period of September 1, 2020 through June 30, 2025.

The recommended new contract with OpenGov would renew all of the City’s products until June 30, 2028, and align the billing dates for all products with the start of the fiscal year. The contract would include the following products:
 Reporting and Transparency
o Reporting and Analytics
o Integration
o Stories and Dashboards
o Open Town Hall
 Budgeting and Planning
o Operating Budgets
o Capital Planning
o Workforce Planning
Next Steps
If the contract is renewed, the City will be able to continue leveraging OpenGov products to increase collaboration, efficiency, transparency, and engagement. The City plans to keep residents, Council, and staff informed and engaged through increased use of reports, stories, and surveys.

If the contract is not renewed, staff would be required to revert to manually preparing the City’s budget using Microsoft Office applications such as Excel and Word. This approach is time-consuming, less effective and efficient, may require additional staffing resources, would severely impact staff’s ability to complete major items on the Budget Implementation Action Plan on time, and would lack the interactive tools and visualizations that enhance accessibility and understanding for the community, such as the transparency portal.

With the ERP replacement underway, certain functions currently supported by this platform may eventually be integrated into the new system. To maintain flexibility, the proposed three-year agreement includes a termination clause that allows the City to scale down or exit early if specific modules become redundant.

Reasons for Recommendation and Available Options
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The recommended action is to authorize the City Manager to execute an agreement with OpenGov, Inc. to renew a contract for budgeting, performance, communications, and reporting software for a total amount of $222,401 over three years.

Sustainability Impact
No sustainability impact.

Fiscal Impact
The total cost of the three-year contract is $222,401 as shown below. The FY 2025-26 amount is currently budgeted in Innovation Technology budget unit 100-32-308.

Fiscal Year Billing Date Term Amount
FY 2025-26 July 1, 2025 Annual $70,547
FY 2026-27 July 1, 2026 Annual $74,075
FY 2027-28 July 1, 2027 Annual $77,779
Total $222,401
City Work Program (CWP) Item/Description
None.

Council Goal:

Public Engagement and Transparency and Fiscal Strategy
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Toni Oasay-Anderson, Acting Budget Manager Reviewed by: Kristina Alfaro, Director of Administrative Services Teri Gerhardt, Chief Technology Officer
Floy Andrews, City Attorney
Approved for Submission by: Tina Kapoor, Acting City Manager Attachments:

A – Three-year Renewal Agreement through June 30, 2028
B – Previous Renewal Agreement through June 30, 2025
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CITY OF CUPERTINO
Agenda Item
25-13948 Agenda Date: 5/20/2025
Agenda #: 14.

Subject: Acceptance of donation from the Houston Living Trust in the amount of $70,000 for the Cupertino Senior Center.

Authorize the City of Cupertino to accept a $70,000 monetary donation from the Houston Living Trust for the Cupertino Senior Center in accordance with the City's Donation Policy.

CITY OF CUPERTINO Page 1 of 1 Printed on 5/14/2025
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CITY COUNCIL STAFF REPORT
Meeting: May 20, 2025
Subject
Acceptance of donation from the Houston Living Trust in the amount of $70,000 for the Cupertino Senior Center.

Recommended Action
Authorize the City of Cupertino to accept a $70,000 monetary donation from the Houston Living Trust for the Cupertino Senior Center in accordance with the City’s Donation Policy.

Background
On October 17, 2017, City Council adopted Resolution No. 17-102 establishing a policy for accepting donations (Attachment A).

Reasons for Recommendation
The Cupertino Senior Center was named as a beneficiary in the Revocable Living Trust of former Senior Center member, Marjorie T. Houston, and has received a $70,000 donation from the Houston Living Trust.

The recommended action is consistent with the Cupertino Donation Policy, Section VI titled “Authority to Accept/Reject Donations” which states that donations of any kind, restricted or unrestricted, which are valued above $25,000 must be presented to the City Council for approval and acceptance.

Completion of the required Senior Center Donation form can be found in Attachment B.

Sustainability Impact
No sustainability impact.

Fiscal Impact
The donation received will be placed in the following revenue account 100-62-623 480- 409. The funding will be received as revenue to offset current expenses in the budget. 293
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City Work Program (CWP) Item/Description
None
Council Goal
None
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Jessica Suntay, Administrative Assistant
Reviewed by: Rachelle Sander, Director of Parks and Recreation Floy Andrews, City Attorney
Approved for Submission by: Tina Kapoor, Acting City Manager Attachments:

A – Resolution 17-102 and Donation Policy
B – Completed Senior Center Donation Form
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RESOLUTION NO. 17- 102

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO

ESTABLISHING A POLICY FOR ACCEPTING DONATIONS
WHEREAS, Government Code Section 37354 permits the City Council of a City to accept or reject any donation, gift, bequest or devise ( hereinafter " Donation") made to or for the City for any public purpose, and further empowers a City Council to hold and dispose of such property and funds for such uses as are prescribed in the terms of the Donation; WHEREAS, if the terms of a Donation do not prescribe or limit the uses to which the property or funds received or their income or increase may be put, Government Code Section 37355 permits a City Council to prescribe the designated uses of said Donations; WHEREAS, the administration of the City' s programs and activities occasionally provide opportunities for the City to receive Donations of property or funds; WHEREAS, the Cupertino City Council wishes to establish a policy setting forth the circumstances under which Donations may be accepted, and the rules and protocols to be followed by City staff and potential donors;
WHEREAS, the experience of the City is that contributions are made under a variety of circumstances, including those received anonymously, with restrictions as to their use, and in other cases unrestricted as to their use and purpose;
WHEREAS, the timely acceptance, use, and handling of Donations is a critical component of a program involving contributions, and the City wishes to encourage Donations and the administration of City programs that occasionally provide opportunities to receive Donations;
WHEREAS, the City Council further wishes to provide for the effective and legally sufficient means to abide by Donor intentions without compromising the City' s ability to manage resources and deliver services;
WHEREAS, the Cupertino City Council finds and determines that the above recitals are true and correct and material to the adoption of this Resolution.

Approved by Council on October 17, 2017
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino adopts and approves the Donation Policy attached and incorporated herein by this reference, as the official donation policy of the City of Cupertino.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of October, 2017, by the following vote:

Vote Members of the City Council
AYES: Paul, Chang, Scharf, Sinks
NOES: None
ABSENT: Vaidhyanathan
ABSTAIN: None
ATTEST: APPROVED:
s/ Grace Schmidt s/ Darcy Paul
Grace Schmidt, City Clerk Darcy Paul, Vice Mayor,
City of Cupertino
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CUPERTINO

DONATION POLICY
I. PURPOSE
This policy establishes the Cupertino City Council' s policy for accepting donations and provides guidelines to govern the management and disposition of donations.

II. BACKGROUND
Donations of every type are offered to the City of Cupertino ( City) for general or specific purposes. This policy establishes uniform criteria and procedures for accepting donations and determining whether the City has adequate resources to administer the donations.

III. SPECIFIC OBJECTIVES

1. To establish an effective and efficient way to manage donations and provide guidelines to donors and City staff;

2. To generate revenue to fund or supplement new and existing programs and activities for the benefit of City and its residents;

3. To work with individuals, organizations and non-profits who support City' s mission and goals.

IV. DEFINITIONS
For purposes of this policy, the following terms shall mean as follows:

1. Donation: An offer by a donor of any tangible or intangible item which the City is prepared to accept under this policy and guidelines. This includes a 3 297
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monetary ( cash) contribution, endowments, personal property, real property, financial securities, equipment, in-kind goods, services and any other asset for which the donor has not received any goods or services in return.

2. Donor: An individual or legal entity making a Donation to the City.

3. Restricted Donation: A donation restricted by the Donor for a particular purpose, program, location or City department.

4. Unrestricted Donation: A donation without any limitations imposed on its intended use and which the City can use for any public purpose.

5. Park and Public Improvement Donation: Real property or items, such as drinking fountains, tables, benches, and equipment that are traditionally intended to improve public areas in parks, in or around public buildings, streets, walkways and trails.

V. TYPES OF DONATIONS

1. Donations may be from a single individual, group, organization, business, corporation, or anonymous sources.

2. Donations may be restricted or unrestricted.

3. Donations may be offered in cash, financial securities, or personal property.

4. Donations of real property or any estate in real property may only be accepted as prescribed by state law, including Government Code section 27281, if applicable.

5. The following are subject to other laws or policies and are not governed by this Policy:
a. Donations of public art are subject to the General Guidelines for the Selection of Public Art, Resolution No. 05- 040.
b. Sponsorships, including personal and financial support for a City event are governed by the City' s Sponsorship Policy.
c. Contributions intended to benefit a City elected official, appointed official, or employee are governed by state and federal laws. d. Land, real property, concessions, appurtenances, rights of way, street improvements, easements and the like, which are obtained under City authority through regulatory means, negotiations, or as part of a public improvement project, a development project or agreement. 4 298
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VI. AUTHORITY TO ACCEPT/ REJECT DONATIONS
The City at all times shall have the right to accept or decline any Donation, at its sole discretion. Unless otherwise required by federal, state, or local law the City Council authorizes as follows:

1. Donations of any kind, restricted or unrestricted, which are valued above 25,000 must be presented to the City Council for approval and acceptance, pursuant to a resolution.

2. The City Council delegates the authority to approve and accept Donations valued at or below $ 25, 000 to the City Manager.

3. The City Manager is authorized to delegate authority to accept Donations valued at or below $ 10, 000 to the Director/ Head of the Department for which the donation is intended.

All Donations are subject to the City Council' s budget appropriation rules and must support programs and activities established by or supported by the City.

VII. DONATION EVALUATION GUIDELINES
The following criteria should be considered in evaluating Donations and determining whether City should accept or reject said Donations.

1. Donations must be consistent with City interests and support a public purpose;

2. The fair market value of non-monetary donations;

3. Whether the net benefit of a donation outweighs the cost to the City. Net benefit includes all lifecycle costs of ownership, maintenance, repair, clean- up, administration, and the liability, risk, and expense that may be associated with the donation;

4. Donations may not be used to implement new programs or services that are ongoing, unless the City Council approves the necessary funding to cover the costs of initiating and sustaining the new program or service;

5. Real and projected costs should be considered when a donation requires an immediate or initial expenditure, matching donations, or supplemental funding;

6. Potential costs and liabilities should be considered for donations that exclude indemnification, insurance, bonding, or other warranties that the City would 5 299
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normally receive or require through the procurement process;

7. Consistent with state law, real property will be evaluated based on its physical condition, market value, and any claims, liens, or encumbrances clouding title to the property or reducing its value; and

8. Park and Public Improvement Donations and similar physical items must meet warranty conditions and City standards, if any, to ensure a long life as well as resistance to the weather, wear and tear, and possible vandalism. These donations must cover the cost of purchase, installation, and basic maintenance for the life cycle of the accessory, unless otherwise agreed by the City. The City reserves the right to modify, remove, or relocate these items, as appropriate.

VIII. DONATION FORMS AND AGREEMENTS
All donors are required to submit the Standard Donation Form to the City Manager' s Office or, in the case of a department- specific donation valued at or below $ 10, 000, to the appropriate department head. The City Manager' s Office will be responsible for drafting the Standard Donation Form.

Donations requiring Council approval/ acceptance may require a donation agreement outlining the respective obligations of the donor and the City. Restricted Donations may also be subject to an agreement if either the donor or the City deem it necessary or appropriate.

The City Manager' s Office will review all donation agreements which, at a minimum, should include:

1. Contact information of the donor and a designated representative;

2. The type, amount, and value of the donation;

3. The purpose and any use restrictions for the donation, if any;

4. Appropriate recognition of the donor, if desired; and

5. Waiver, Release, and Disclosure provisions outlining the procedure the City will follow to handle restricted donations that cannot be implemented.

IX. DONOR RECOGNITION GUIDELINES
In determining the appropriate recognition for a Donor, the following guidelines apply:

1. City will provide Donors an acknowledgement of acceptance of the donation.

2. No City building, facility, structure, equipment or furnishing can be named after a 6 300
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Donor.

3. The City Council may recognize a donation by a plaque affixed to the appropriate City building, facility, structure, equipment or furnishings. The wording, size, type and location of the plaque shall be determined on a case by case basis.

Approved by Council on October 17, 2017
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City of Cupertino
Standard Donation Form
The City of Cupertino acknowledges and thanks individuals and institutions who wish to donate funds, goods/property, and their voluntary time to help the City achieve its public goals and objectives for the betterment of the community. This Donation Form is intended to memorialize the understanding between the City and the Donor. The undersigned Donor wishes to make a donation to the City of Cupertino as described in more detail below.

The Donor is ( check and complete all that apply):

Donating $ in a lump sum.

Donating $ in_ monthly,
quarterly, etc.)
contributions of$ in
installments.

Donating the following (describe products, services, investment securities, real property, etc.) valued at$
Donor wishes to have this donation used as follows (check one):

For a general purpose consistent with the City' s adopted goals and objectives, based on the City' s discretion.

By the Department/Division) for a general purpose
at their discretion.

By the City/ Department/ Division) for the following
specific purposes:

Except as provided above, the City may use the donation in any manner at its sole discretion and the Donor has no right or obligation to control the City' s use of the donation.
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City of Cupertino
Standard Donation Form
Donor understands that the City will endeavor to meet the use conditions of restricted donations, in accordance with the wishes of the donor. If, however, the City is unable to meet the Donor' s restrictions, the City will make reasonable attempts to contact the Donor or the representative identified by Donor in the Form/Agreement to discuss alternative uses or to return the Donation. If City receives no response within 60 calendar days of City' s first attempt to contact the Donor or the representative, Donor agrees to relinquish all rights Donor may have had to the Donation, on behalf of Donor, Donor' s heirs, successors and agents. Donor further understands and agrees that the City shall have the right to use the donation for any other public purpose. The City will make an effort to use the donation for a purpose similar in nature to the originally specified purpose.

For Park and Public Improvement Donations: Donations must cover the cost of purchase, installation, and basic maintenance for the life cycle of the accessory unless otherwise agreed upon by the City. The City reserves the right to modify, remove or relocate the accessory.

City reserves the right to reject donations that are inconsistent with City' s mission, values, or standard practices.

In connection with administering this agreement, the City shall contact the Donor through the following primary representative unless the donor chooses to remain anonymous. In the event the primary representative cannot be reached, the City shall contact the secondary representative listed. The Donor agrees that both the primary and secondary representatives hold the authority to execute this agreement.

Donor/ Primary Representative: E- Mail:

Mailing Address:

Phone: Fax:

Secondary Representative: E- Mail:

Mailing Address:

Phone: Fax:

I wish to remain anonymous. ( Check box)
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City of Cupertino
Standard Donation Form
In addition to the foregoing, the Donor understands and agrees that:
a. Once approved, this form will serve as an acknowledgement of receipt of the donation.
b. Any recognition will only be made at the City's discretion.

Donor/ Representative Signature: Date:

Donor/ Representative Name ( Print):

FOR CITY USE ONLY
Approved/ Declined by Name/ Title, Council) on Date).
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City of Cupertino
Senior Center Donation Form
Donor understands that the City will endeavor to meet the use conditions of restricted donations, in accordance with the wishes of the donor. If, however, the City is unable to meet the Donor’s restrictions, the City will make reasonable attempts to contact the Donor or the representative identified by Donor in the Form/Agreement to discuss alternative uses or to return the Donation.

If City receives no response within 60 calendar days of City’s first attempt to contact the Donor or the representative, Donor agrees to relinquish all rights Donor may have had to the Donation, on behalf of Donor, Donor’s heirs, successors and agents. Donor further understands and agrees that the City shall have the right to use the donation for any other public purpose. The City will make an effort to use the donation for a purpose similar in nature to the originally specified purpose.

City reserves the right to reject donations that are inconsistent with City’s mission, values, or standard practices.

Donations to the City are tax-deductible if made for a public purpose.

Check Donations
Please write the check to the “City of Cupertino” and send with the completed and signed donation form to:

Cupertino Senior Center
21251 Stevens Creek Boulevard
Cupertino, CA 95014
*Credit Card Donations
Please send the completed and signed donation form to the address above or email to [email protected]. The City will contact the Donor within several days after receiving the form to process the donation over the phone. Credit card transactions will incur a convenience fee of 3.4%. 306
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CITY OF CUPERTINO
Agenda Item
25-13979 Agenda Date: 5/20/2025
Agenda #: 15.

Subject: Fiscal Year (FY) 2025/2026 projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by Senate Bill (SB) 1.

Adopt Resolution No. 25-033 (Attachment A) establishing a list of projects proposed to be funded by $1,583,075 of SB 1 revenues, estimated to be received in FY 2025/2026 CITY OF CUPERTINO Page 1 of 1 Printed on 5/14/2025
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CITY COUNCIL STAFF REPORT
Meeting: May 20, 2025
Subject
Fiscal Year (FY) 25-26 projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by Senate Bill (SB) 1.

Recommended Action
Adopt Resolution No. 2025-XXX (Attachment A) establishing a list of projects proposed to be funded by $1,583,075 of SB 1 revenues, estimated to be received in FY 25-26.

Reasons for Recommendation
The Road Repair and Accountability Act, better known as SB 1, requires cities and counties to annually adopt a resolution establishing a list of projects that will receive Road Maintenance and Rehabilitation Account (RMRA) revenue each fiscal year. A copy of the certified resolution must be submitted to the State of California (State) by June 30, 2025. To satisfy the requirement, the project list must include a description and general location of each proposed project, the proposed schedule for the project’s completion, and the estimated life of proposed improvements.

Though the primary purpose of the Road Repair and Accountability Act is to address deferred maintenance on local streets and roads, projects that address road safety are also eligible to receive funds. Section 2030 of the California Streets and Highway code says RMRA funds can be used for:

A. Road maintenance and rehabilitation.

B. Safety projects.

C. Railroad grade separations.

D. Complete street components, including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and stormwater capture projects in conjunction with any other allowable project.

E. Traffic control devices.
“A city or county may spend its apportionment of funds under the program on transportation priorities other than those allowable pursuant to this chapter if the city’s or county’s average Pavement Condition Index meets or exceeds 80.” (Section 2037 of the California Streets and Highway code.)
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The State distributes RMRA revenues to cities and counties monthly. To continue to receive these funds, each city and county must submit a FY 25-26 project list before the end of FY 2025. The City of Cupertino will receive an estimated amount of $1,583,075 of RMRA revenues in FY 25-26. The recommended list of projects for FY 2025-26 is as follows:

1. FY 25-26 Pavement Maintenance Phase 1 Project

2. FY 25-26 Pavement Maintenance Phase 2 Project
This project list does not limit the City’s flexibility to fund projects based on local priorities, provided that funds are only expended on projects that are consistent with SB 1 eligibility requirements. Staff will document any variation between proposed projects and completed projects through the annual reporting processes established under SB 1.

Sustainability Impact
Maintaining and preserving the local streets and road system in good condition will reduce drive time and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing. This leads to reduced vehicle emissions, helping the City achieve air quality and greenhouse gas emission reduction goals.

Fiscal Impact
By adopting this Resolution, the City will be eligible to receive an estimated $1,583,075 from SB 1 in FY 25-26 to help fund the FY 25-26 Pavement Management Program Projects. Revenues will be deposited into account 270-85-821 440-437 (Intergovernmental SB1 Road Maintenance/Rehabilitation). These revenues are included in the FY 25-26 Proposed Budget.

City Work Program Item/Description
None
Council Goal
Transportation, Fiscal Strategy
California Environmental Quality Act
The proposed Pavement Maintenance Projects are exempt from CEQA under California Code Regulations Section 15301(c) (maintenance of existing streets). _____________________________________
Prepared by: Jimmy Tan, Assistant Director of Public Works Reviewed by: Chad Mosley, Director of Public Works
Approved for Submission by: Tina Kapoor, Acting City Manager 309
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Attachments:

A – Draft Resolution
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Attachment A
RESOLUTION NO. ________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-26 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimate $1,583,075 in RMRA funding in Fiscal Year 2025-26 from SB 1; and
WHEREAS, This is the ninth year in which the City is receiving SB1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City uses a Pavement Management System to develop the SB1 pavement project lists to ensure revenues are being used on the most high priority and cost effective projects; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate multiple streets/roads; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found the City streets and roads are in “good” condition and this revenue will help us maintain the overall quality of our road system; and 311
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Resolution No. __________________
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with focus on basic maintenance and safety, and investing in complete streets infrastructure, will have significant benefits citywide.

NOW, THEREFORE, BE IT RESOLVED, ORDERED AND FOUND by the City Council of the City of Cupertino, State of California as follows:

1. The forgoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in-part or solely with FY 2025-26 Road Maintenance and Rehabilitation Account revenues.

Project Title: 2025/26 Pavement Maintenance Phase 1
Project Description: Design, Engineering and Preparation of Contract Documents for Pavement Rehabilitation including asphalt overlay and patch repairs.

Project Location: City of Cupertino - various streets
Project Phase: Pre-Construction
Project Schedule: August 2025 – May 2026
Estimated Useful life: 15 Years
Project Title: 2025/26 Pavement Maintenance Phase 2
Project Description: Design, Engineering and Preparation of Contract Documents for Pavement Preservation including crack seal, slurry seal and fog seal.

Project Location: City of Cupertino – various streets
Project Phase: Pre-Construction
Project Schedule: February 2026 – June 2026
Estimated Project Useful Life: 2 to 7 years
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20
th day of May 2025, by the following vote:

Members of the City Council
AYES:

NOES:
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Resolution No. __________________
ABSENT:

ABSTAIN:

SIGNED:
________
Liang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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CITY OF CUPERTINO
Agenda Item
25-13980 Agenda Date: 5/20/2025
Agenda #: 16.

Subject: Summary Vacation of a Portion of Street Along 21831 Hermosa Avenue Adopt Resolution No. 25-034 summarily vacating a portion of street along 21831 Hermosa Avenue CITY OF CUPERTINO Page 1 of 1 Printed on 5/14/2025
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CITY COUNCIL STAFF REPORT
Meeting: May 20, 2025
Subject
Summary Vacation of a Portion of Street Along 21831 Hermosa Avenue Recommended Action
Adopt Resolution No. 25-XXX summarily vacating a portion of street along 21831 Hermosa Avenue (APN 357-16-107)
Background
The owners of the subject property are proposing an addition and remodel to their existing house. During the initial design stage, the owners discovered the first 10’ of their property frontage was dedicated to the County of Santa Clara in 1983, prior to the property being annexed to the City of Cupertino in 2004. Staff verified the previous dedication and informed the owners that the City’s Monta Vista Specific Plan requires a 50’ wide right-of-way along Hermosa Avenue to facilitate future street improvements, including the installation of new curb, gutter, and sidewalk. The City only requires 25’ of right-of-way from the centerline of the street (50’ wide right-of-way total). The previous 10’ dedication results in 30’ of right-of-way from the centerline (would result in 60’ wide right-of-way total). Therefore, the City currently holds 5’ more than is necessary to comply with the Monta Vista Specific Plan. The 5’ can be summarily vacated.

The owners submitted an application to the City to vacate 5’ of right-of-way along their property frontage to comply with the City’s dedication requirements along Hermosa Avenue. The proposed street vacation area is described in Attachment A and shown in Attachment B (“Street Vacation Area”).

Reasons for Recommendation and Available Options
“Vacation” of a street means that the City would terminate the public rights over this portion of right-of-way. A “summary” vacation is a more simplified process than is otherwise required for terminating public rights.

A street may be summarily vacated under the Streets and Highways Code, Section 8334(a) if it is determined to be “an excess right-of-way of a street not required for street 315
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purposes”. Additionally, the Streets and Highways Code, Section 8334.5 requires there are no public utility facilities located within the street.

As part of the vacation application process, the applicant was required to obtain approval letters from AT&T, Comcast, Cupertino Sanitary District, PG&E, and San Jose Water Company. An approval letter was received from each public utility company stating they have no objections to the vacation (Attachments C through G). Additionally, AT&T required the recordation of a new 5’ public utility easement over the Street Vacation Area.

The City intends to record both the street vacation and the new public utility easement in subsequent order to ensure ongoing public utility rights.

Based on careful review of the submitted application material, staff has determined that the Street Vacation Area is not needed for street purposes and is thus an excess right-ofway and that there are no public utility facilities located within the Street Vacation Area.

Based on the findings outlined above, staff recommends City Council adopt the proposed Resolution (Attachment H). Adoption of the Resolution will allow the City to summarily vacate the Street Vacation Area to the property owner, and to allow the property owner to proceed with their proposed development project as desired. From and after the date of recordation of the Resolution, this portion of street will no longer constitute a street.

Should City Council choose not to adopt the proposed Resolution, the Hermosa Avenue right-of-way would remain as-is and the property owners would be required to proceed with their proposed development project without the addition of this 5’ strip of land.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

City Work Program (CWP) Item/Description
None
Council Goal
Quality of Life
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Jennifer Chu, Senior Civil Engineer
Reviewed by: Chad Mosley, Director of Public Works
Floy Andrews, City Attorney
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Approved for Submission by: Tina Kapoor, Acting City Manager Attachments:

A – Legal Description of Street Vacation Area
B – Plat Map of Street Vacation Area
C – AT&T Approval Letter
D – Comcast Approval Letter
E – Cupertino Sanitary District Approval Letter
F – PG&E Approval Letter
G – San Jose Water Company Approval Letter
H – Draft Resolution
I – Vicinity Map
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ENDORSEMENT APPROVAL
Date: April 1, 2025
To:

Chad Mosley, City Engineer City of Cupertino
10300 Torre Ave Cupertino, CA 95014
Dear Mr. Mosley,
SUBJECT: VACATION OF: Proposal for street vacation of 5’ of public right-of-way. Currently there is a 10' Right of way dedication at,
21831 Hermosa Avenue,
Cupertino, CA, 95014
AT&T has reviewed the attached application for the vacation of property at the address 21831, Hermosa Avenue, Cupertino, California or Easement proposed for 5 feet of vacation of public right-of-way and has the following response:

No objection to the vacation and there are no existing utilities within the vacated area.

No objection to the vacation, but with the following reservation:

Objection to the proposed vacation for the following reasons:

A plat map is attached for your information.

Bruno Czech
Right of Way Manager
AT&T California 870 N. McCarthy Blvd., Suite 100
Milpitas, CA 95035

THAT A PUBLIC UTILITY EASEMENT BE CREATED FOR THE ENTIRE AREA OF PUBLIC RIGHT OF WAY TO BE VACATED.

X
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ENDORSEMENT APPROVAL
Date: 1/21/2025
To:

Chad Mosley, City Engineer City of Cupertino
10300 Torre Ave Cupertino, CA 95014
Dear Mr. Mosley,
SUBJECT: VACATION OF: Proposal for street vacation of 5’ of public right-of-way. Currently there is a 10' Right of way dedication at,
21831 Hermosa Avenue,
Cupertino, CA, 95014
COMCAST has reviewed the attached application for the vacation of property at the address 21831, Hermosa Avenue, Cupertino, Californica or Easement proposed for 5 feet of vacation of public right-of-way and has the following response:

No objection to the vacation and there are no existing utilities within the vacated area.

No objection to the vacation, but with the following reservation:

Objection to the proposed vacation for the following reasons:

A plat map is attached for your information.

Karl Lorenz
Network Project Manager
3760 Haven Ave
Menlo Park, CA 94025
M-415-859-0539
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DISTRICT MANAGER-ENGINEER
MARK THOMAS & COMPANY, INC.

Benjamin T. Porter, P.E.

DISTRICT COUNSEL

ARMENTO AND HYNES, LLP

MARC HYNES

BOARD OF DIRECTORS
WILLIAM A. BOSWORTH
PATRICK S. KWOK
ANGELA S. CHEN
TAGHI S. SAADATI
DAVID A. DOYLE
20863 STEVENS CREEK BOULEVARD, SUITE 100
CUPERTINO, CALIFORNIA 95014-2154
(408) 253-7863 PHONE ● (408) 253-5173 FAX
www.CupertinoSanitaryDistrict.org
December 05, 2024
Chad Mosley
City Engineer
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Subject: Proposal for Street Vacation of 5' from the Current 10' Public Right of Way Dedication Address: 21831 Hermosa Ave, Cupertino, CA 95014 | APN 357-16-107 To Mr. Mosley,
The Cupertino Sanitary District (District) has reviewed the proposal for the street vacation of 5’ from the current 10’ public right of way dedication at the subject address. The proposed area for street vacation has no sanitary sewer easements. The subject property is connected to the District’s sanitary sewer system; therefore, when the proposed construction work begins, a Cupertino Sanitary District Permit will be required. As of right now, the District has no objections to the proposed 5’ street vacation.

If you have any questions, please do not hesitate to contact me or Ben Porter at 408-253-7863.

Regards,
Esteban Delgadillo
Senior Sanitary Engineer
For Benjamin T. Porter
District Manager-Engineer
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RESOLUTION NO. 25-XXX

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

SUMMARILY VACATING A PORTION OF STREET ALONG
21831 HERMOSA AVENUE (APN 357-16-107)
WHEREAS, the property owners of 21831 Hermosa Avenue made an application to the City of Cupertino to vacate a portion of street along his property, as described in Exhibit “A” and shown in Exhibit “B” (hereinafter the “Street Vacation Area”), to better facilitate a proposed development project within their private property; and
WHEREAS, subdivision (a) of Section 8334 along with Section 8334.5 of the Streets and Highways Code of the State of California authorizes the City Council to summarily vacate a portion of a street if there is an excess right-of-way of a street not required for street purposes, and there are no public utility facilities located within the street; and
WHEREAS, the Director of Public Works has determined the Street Vacation Area to be in excess, and that there are no public utility facilities located within the Street Vacation Area; and
WHEREAS, a new public utility easement will be recorded concurrently over the Street Vacation Area; and
WHEREAS, the City Council elects to proceed with a summary vacation of the Street Vacation Area pursuant to the provisions of Section 8335 et seq. of the Streets and Highways Code of the State of California.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby:
1) Adopt the Resolution based upon all other evidence submitted, and makes the following findings:
a. The Street Vacation Area is an excess right-of-way of street not required for street purposes, and
b. There are no public utility facilities located within the Street Vacation Area.
2) Order that the Street Vacation Area shall be and hereby is summarily vacated based upon the findings made and the provisions of Section 8334(a) and 8334.5 of the Streets and Highways Code of the State of California. 329
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Resolution No. __________________

Page 2 ends

3) Direct the City Clerk to record at Santa Clara County Records this Resolution, including Exhibit “A” and Exhibit “B” attached hereto.
4) Declare the Street Vacation Area will no longer constitute a street from and after the date of recordation of this Resolution.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of May, 2025, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Liang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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Vicinity Map - 21831 Hermosa Ave
Esri, NASA, NGA, USGS, FEMA, Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community May 9, 2025
0 0.05 0.1 0.2 mi
0 0.07 0.15 0.3 km
1:9,000
Esri Community Maps Contributors, City of Cupertino, County of Santa Clara, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census 331
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Vicinity Map
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CITY OF CUPERTINO
Agenda Item
25-14006 Agenda Date: 5/20/2025
Agenda #: 17.

Subject: Accept Ad-Hoc LRC City Council Subcommittee recommendation regarding SB 753, SB 79, AB 650, AB 340, AB 648, and SB 501
Accept the Ad-Hoc LRC City Council Subcommittee recommendation regarding the following:

1. Support SB 753 (Cortese)

2. Oppose SB 79 (Weiner)

3. Support AB 650 (Papan)

4. Oppose AB 340 (Ahrens)

5. Oppose AB 648 (Zbur)

6. Support SB 501 (Allen)
CITY OF CUPERTINO Page 1 of 1 Printed on 5/14/2025
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1 CUPERTINO CITY COUNCIL

AD-HOC LEGISLATIVE REVIEW SUBCOMMITTEE
MAY 13, 2025 ZOOM MEETING REPORT
Members Present: Vice Mayor Moore, Councilmember Wang
Staff Present: Acting City Manager Tina Kapoor, Sr. Management Analyst Astrid Robles Lobbyists Present: Jason Gonsalves, Paul Gonsalves
The Cupertino City Council Ad hoc Legislative Review Subcommittee met on Zoom May 13, 2025, had a welcome and kickoff, received a legislative update from our Lobbyists, and discussed several bills of interest.

The Subcommittee recommends that the City Council approve the following position recommendations and that the Mayor sends letters to the State Legislature with these recommendations:

Summary of Recommended Positions
SB 753 (Cortese) – Special business regulations: shopping carts: Support SB 79 (Wiener) – Local government land: public transit use: housing development: transit-oriented development: Oppose
AB 650 (Papan) – Planning and zoning: housing element: regional housing needs allocation: Support AB 340 (Ahrens) – Employer-employee relations: confidential communications: Oppose AB 648 (Zbur) – Community colleges: housing: local zoning regulations: exemption: Oppose SB 501 (Allen) – Household Hazardous Waste Producer Responsibility Act: Support Bill details
SB 753 (Cortese) - Special business regulations: shopping carts. • This bill proposesto expand the authority for cities and countiesto recover costsfor retrieving shopping carts and returning them to their owners.
• Passed the Senate Local Government Committee on May 7, 2025 with a vote of 6-1. • The bill is currently on the Senate Floor and is eligible to be taken up at any time. • The bill issupported by:
o League of CA Cities
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2 o City of Concord
SB79 (Wiener)Local governmentland: public transit use: housingdevelopment: transitoriented development. • This bill proposesto make transit-oriented development an allowable use on specified sites, givestransit agencies more flexibility underthe Surplus Land Act, and exempts specified projects from the California Environmental Quality Act. • This bill passed the Senate Housing Committee on April 22, 2025 with a vote of 6-2. • This bill passed out ofthe Senate Local GovernmentCommittee on April 30, 2025 with a vote of 4-3
• The bill wasset to be heard in the Senate Appropriations Committee on May 12, 2025, however, the SenatorWiener pulled the billfrom that hearing and it is now set for May 19th in the Senate Appropriations Committee.
• The bill issupported by:
o City of West Hollywood
o Alexander Pedersen - Vice Mayor,Capitola
o Brian Barnacle - Councilmember, Petaluma
o EmilyRamos- Vice Mayor, Mountain View
o James Coleman - Councilmember, South San Francisco
o Laura Nakamura - Vice Mayor, Concord
o Lucas Ramirez - Councilmember, Mountain View
o Mark Dinan - Vice Mayor, East Palo Alto
o Matthew Solomon - Councilmember, Emeryville
o Phoebe Shin Venkat - Councilmember, Foster City
o Rashi Kesarwani - Councilmember, Berkeley
o Sergio Lopez - Mayor, Campbell
• The bill is opposed by:
o City ofBelvedere
o City of Brentwood
o City of Concord
o City of Fairfield
o City of Lafayette
o City of Larkspur
o City of Oakley
o City of SanRafael
o City of Sausalito
o City of WalnutCreek
AB 650 (Papan) Planning and zoning: housing element: regional housing needs allocation. • This bill proposes to extend a number of timelines in the process of determining regional 335
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3 housing needs and regional housing needs allocations(RHNA) and housing element revisions, and requires the Department of Housing and Community Development (HCD) to provide specific analysis or text to local governments to remedy deficiencies in their draft housing element revisions.
• This bill was heard in the Assembly Housing & Community DevelopmentCommittee on April 24, 2025 and passed on a 11-0 vote.
• The bill was heard next in the Assembly Local Government Committee on April 30, 2025 and passed on a 9-0 vote.
• The bill is currently in the Assembly AppropriationsCommittee awaiting a hearing date. • The bill issponsored by the League of CA Cities and supported by the following neighboring cities:
o City ofBelmont
o City of Concord
o City of Martinez
o City of Oakley
o City ofRohnert Park
o City of Salinas
o City of San Mateo
o City of WalnutCreek
AB 340 (Ahrens) Employer-employee relations: confidential communications. • This bill proposesto prohibit an employerfrom questioning an employee or employee representative regarding communications between the employee and employee representative.
• This bill was heard in the Assembly Public Employment & Retirement Committee on March 19, 2025 and passed on a 6-0 vote.
• This bill was heard next in the Assembly AppropriationsCommittee on April 23, 2025 and was sent to the suspense file due to costs.
• This bill is opposed by the League of CA Cities
AB 648 (Zbur) Community colleges: housing: local zoning regulations: exemption. • This bill proposes to exempt the construction of faculty and staff housing projects, student housing projects, and university housing development projectsfrom local zoning regulations of any city, county, or city and county when constructed on property owned or leased by a community college district (CCD).
• This bill was heard in the Assembly Higher Education Committee on March 16, 2025 and passed on an 7-3 vote.
• This bill was heard next in the Assembly Local government Committee on April 30, 2025 and 336
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4 passed on a 9-0 vote.
• The bill is currently on the Assembly Floor and is eligible to be taken up at any time. • The bill issupported by the city of Santa Monica.
• The bill is opposed by the League of CA Cities.

SB 501 (Allen) Household Hazardous Waste Producer Responsibility Act. • This bill proposesto establish an extended producerresponsibility (EPR) or stewardship program for the collection, transportation, recycling, and the safe and proper management of products containing household hazardous waste (HHW) in California. • This bill issubstantially similarto SB 1143 (Allen, Ch. 989, Stats. 2024). SB1143 was eventually amended to delete the contents of the bill an instead address a completely different topic. • This bill was heard in the Senate Environmental QualityCommittee on April 1, 2025 and passed on a 6-0 vote.
• The bill was heard next in the Senate Judiciary Committee on April 22, 2025 and passed on an 11-0 vote.
• The bill was heard next in the Senate Appropriations Committee on May 5, 2025 and was placed on the suspense file due to costs.
• The bill issupported by:
o City of San Jose
o City of Santa Maria
o City ofRoseville
o League of CA Cities
After a robust discussion of the various bills, staff presented the updated Legislative Activity page here: https://www.cupertino.gov/Your-City/City-Council/Legislative-Activity and provided information on how to visit the prior year’s pages and how to contact your legislators here:
https://www.cupertino.gov/Your-City/City-Council/Legislative-Activity/Contact-your-Legislators The ad hoc committee tentatively plans to meet June 10, 2025.

Report prepared by:

Vice Mayor Moore
May 13, 2025.
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Ad-Hoc Legislative Subcommittee
Vice Mayor Moore
Councilmember Wang
May 13, 2025
2:30pm
Agenda

1. Welcome and Kick-Off

2. Legislative Update by Lobbyist

3. Priority Bills Discussion by Lobbyist
a. SB 753 (Cortese)
b. SB 79 (Wiener)
c. AB 650 (Papan)
d. AB 340 (Ahrens)
e. AB 648 (Zbur)
f. SB 501 (Allen)

4. Online Legislative Resources
a. City Legislative Webpages
2025 Legislative Priorities
The legislative priorities are guided by the Council adopted goals of Public Engagement and Transparency, Transportation, Housing, Sustainability, Fiscal Strategy, and Quality of Life.

The City will support legislation that:

1. Helps Cupertino build a fiscally sustainable and resilient community.

2. Furthers the health and wellbeing of Cupertino community members and enhances public engagement and transparency.

3. Promotes Cupertino’s infrastructure needs, especially as they relate to transportation and housing.
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May 14, 2025
The Honorable Dave Cortese
Member, California State Senate
State Capitol, Room # 7520
Sacramento, CA 95814
RE: SB 753 (Cortese) Abandoned Shopping Cart Recovery
Notice of SUPPORT (As Amended 03/24/25)
Dear Senator Cortese:

The City of Cupertino is pleased to support your Senate Bill (SB) 753, which would provide additional tools to local governments to address abandoned shopping carts in communities.

Abandoned shopping carts have created hazards by blocking streets and sidewalks and disrupting open spaces and waterways. SB 753 would modernize the laws requiring the collection of abandoned shopping carts and provide local governments and retailers with better tools to address this issue.

Under current law, local governments must store abandoned shopping carts in an impound lot, where they sit until a retailer retrieves them. This process has inherent challenges, especially for large municipalities, which would need to store hundreds of abandoned shopping carts at any given time to comply with this provision. The storage space and staff cost required to operate an impound lot is a burdensome and ineffective solution to this issue.

SB 753 would allow local governments to return carts directly to retailers by picking them up and immediately returning them without the current requirement for three-day notice or storage in an impound facility. Additionally, this measure would allow for the recovery of the actual costs of managing the program. This strikes the appropriate balance of creating an 339
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efficient system to retrieve and return abandoned shopping carts while incentivizing retailers to work collaboratively with local governments to recover their stolen property.

For these reasons, the City of Cupertino is pleased to support SB 753.

Sincerely,
Liang Chao
Mayor
City of Cupertino
cc. The Honorable Josh Becker
The Honorable Patrick Ahrens
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May 14, 2025
The Honorable Scott Wiener
Senator, California State Senate
1021 O St, Suite 8620
Sacramento, CA 95814
Re: SB 79 (Wiener) Transit-oriented Development – OPPOSE Notice of OPPOSITION (As Amended May 13, 2025)
Dear Senator Wiener,
On behalf of the City of Cupertino, I am writing to express our strong opposition to your Senate Bill (SB) 79 which would disregard state-certified housing elements and bestow land use authority to transit agencies without any requirement that developers build housing, let alone affordable housing.

SB 79 doubles down on the recent trend of the state overriding its own mandated local housing elements. This latest overreaching effort forces cities to approve transit-oriented development projects near specified transit stops — up to seven stories high and a density of 120 homes per acre — without regard to the community's needs, environmental review, or public input.

Most alarmingly, SB 79 defies cities’ general plans and provides transit agencies unlimited land use authority on property they own or have a permanent easement, regardless of the distance from a transit stop. Transit agencies would have the power to determine all aspects of the development including height, density, and design, without any regard to local zoning or planning.

This broad new authority applies to both residential and commercial development.

Transit agencies could develop 100% commercial projects — even at transit stops — and not provide a single new home, while simultaneously making the argument that more housing must be constructed around transit stops.
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The City of Cupertino appreciates and respects your desire to pursue a housing production proposal. However, as currently drafted, SB 79 will not spur much-needed housing construction in a manner that supports local flexibility, decision-making, and community input. State-driven ministerial or by-right housing approval processes fail to recognize the extensive public engagement associated with developing and adopting zoning ordinances and housing elements.

California will never produce the number of homes needed with an increasingly statedriven, by-right housing approval process. What we really need is a sustainable state investment that matches the scale of this decades-in-the-making crisis. For these reasons, the City of Cupertino strongly opposes SB 79.

For these reasons, the City of Cupertino strongly opposes SB 79.

Sincerely,

Liang Chao
Mayor
City of Cupertino
cc: Senator Dave Cortese
Assemblymember Patrick Ahrens
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May 14, 2025
The Honorable Diane Papan
Member, California State Assembly
1021 O St, Suite 4220
Sacramento, CA 95814
RE: AB 650 (Papan) Planning and Zoning: Housing Element: Regional Housing Needs Allocation - Notice of SUPPORT (As Amended 04/24/25)
Dear Assembly Member Papan:

The City of Cupertino is pleased to support your Assembly Bill (AB) 650, which would allow local governments to begin the housing element update process six months early, provide greater certainty and reduce ambiguity in the housing element review process, and ensure that local governments have adequate time to respond to the California Department of Housing and Community Development’s (HCD) review letters.

Since 1969, California’s local governments have planned and selected sites for housing at all income levels through the housing element portion of a local government’s general plan. Every five to eight years, local governments are required to adopt a blueprint outlining where developers can or cannot build residential developments within their respective communities and obtain certification from HCD. Local governments plan for their fair share of housing development as determined through the Regional Housing Needs Allocation (RHNA) process. As part of this complex process, local governments submit in their housing elements a variety of essential data, actions, and programs to promote fair, equitable, and affordable housing in their community. Currently, local jurisdictions are planning and zoning for nearly 2.5 million additional homes statewide.

During the 6th RHNA cycle, local governments experienced various challenges in obtaining certification from HCD. Some of the challenges include a short timeline for completing these complex documents and responding to HCD’s feedback, a lack of clarity regarding what the state expects from local governments when reviewing additional housing element drafts, and the introduction of new requirements late in the housing element review process.
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AB 650 would address these issues by allowing local governments to begin updating their housing element six months earlier. This bill would also require HCD to provide specific text and analysis that must be included in the housing element to remedy deficiencies, ensuring that local governments are not penalized when HCD identifies additional deficiencies not previously identified in prior review letters.

For these reasons, the City of Cupertino is pleased to support AB 650.

Sincerely,

Liang Chao
Mayor
City of Cupertino
cc: The Honorable Josh Becker
The Honorable Patrick Ahrens
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May 14, 2025
The Honorable Patrick Ahrens
Member, California State Assembly
1021 O Street, Room # 6110
Sacramento, CA 95814
RE: AB 340 (Ahrens) Employer-Employee Relations Confidential Communications Notice of OPPOSITION (As Amended March 5, 2025)
Dear Assemblymember Ahrens:

On behalf of the City of Cupertino, I am writing to express our opposition to your Assembly Bill (AB) 340. This bill would restrict an employer’s ability to conduct internal investigations to the detriment of employees’ and the public safety and well-being, adding new costs and liability for public employers. Moreover, the substantive provisions of the bill create restrictions mirroring a privilege.

Previous Legislation and Previous Veto
Our concerns with AB 340 are consistent with the issues raised in response to previously introduced legislation, AB 2421 (Low, 2024), AB 729 (Hernandez, 2013), AB 3121 (Kalra, 2018) and AB 418 (Kalra, 2019). The issues are succinctly captured in the AB 729 veto message from Governor Brown, which states: “I don't believe it is appropriate to put communications with a union agent on equal footing with communications with one's spouse, priest, physician or attorney. Moreover, this bill could compromise the ability of employers to conduct investigations into workplace safety, harassment and other allegations.”
New Costs and Added Liability for the State, Local Governments, and Schools In order to conduct proper investigations that uphold the public’s trust, protect against the misuse of public funds, and ensure the safety and well-being of both public 345
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employees and the public at large, it is critical that a public employer has the ability to interview all individuals with relevant information to ascertain the facts and understand the matter fully. AB 340 would increase investigation and litigation costs for the state as well as local governments and schools by creating incomplete investigations, since all appropriate employees with relevant information cannot be questioned. Costs and risks may also increase as conduct challenged as unlawful under the bill’s provisions is adjudicated before the Public Employment Relations Board (PERB). For schools, this is a drain of Proposition 98 funding.

Inconsistent with PERB Decision
AB 340 states that its prohibition on employer questioning is intended to be consistent with, and not in conflict with, William S. Hart Union High School District (2018) PERB Dec.

No. 2595. This is problematic for two reasons. First, the bill is inconsistent with that PERB decision. That decision engaged in a circumstantial analysis to determine whether employer questioning was prohibited or not, while weighing the employee’s and the employer’s interests. AB 340 goes far beyond that, forgoing any circumstantial analysis or weighing of interests. It categorically prohibits questioning of confidential employee representative communications, except for narrow, limited exceptions. Second, we are not aware of evidence that PERB is denying the interests of employees on this issue, raising the question of whether a legislative solution is warranted.

Expansion of New One-Sided Standard
AB 340 would create a de facto prohibition on employers requesting a court to compel disclosure of purportedly confidential communications, which is the same outcome as if communication was privileged in those circumstances. This will have a significant impact on judicial and administrative proceedings.

Endangers Workplace Safety
AB 340 interferes with the ability to interview witnesses because it would prohibit public agencies from questioning any employee or “representative of a recognized employee organization, or an exclusive representative” about communications between an employee and a “representative of a recognized employee organization, or an exclusive representative.” While AB 340 includes a narrow exception for criminal investigations, and provides that it does not supersede Gov. Code 3303, many necessary investigations are still subject to the bill’s limitations, putting safety at risk.

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from certain lines of questioning. It would also limit the ability of public employers to carry out the requirements of the recently enacted law, Senate Bill 553 (Cortese, 2023), which includes conducting investigations into workplace safety, harassment, and other allegations. As of January 1, 2025, SB 553 allows collective bargaining representatives standing to seek temporary restraining orders (TRO) in connection with workplace violence. AB 340 will create a problematic scenario wherein a TRO may be obtained but an employer could not fully investigate the underlying facts. AB 340 lacks guardrails to prevent potential conflicts of interest that could arise during employee safety issues.

Making matters worse, employers may not even know they are acting contrary to AB 340’s restrictions by communicating with staff, because only the employee or the representative would know or could decide when a communication was made “in confidence.” This could affect day-to-day activities and critical government operations.

For these reasons, the City of Cupertino opposes AB 340.

Sincerely,
Liang Chao
Mayor
City of Cupertino
cc. The Honorable Josh Becker
The Honorable Patrick Ahrens
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May 14, 2025
The Honorable Rick Chavez Zbur
Member, California State Assembly
1021 O Street, Room # 4250
Sacramento, CA 95814
RE: AB 648 (Zbur) Community colleges: housing: local zoning regulations: exemption.

Notice of OPPOSITION (As Amended May 5, 2025)
Dear Assemblymember Zbur:

On behalf of the City of Cupertino, I am writing to express our strong opposition to your Assembly Bill (AB) 648. This bill would exempt the construction of faculty, staff, and student housing projects from local zoning regulations if the project is proposed on property owned or leased by a community college district.

Housing for students, faculty, and staff continues to be a challenge that postsecondary institutions struggle with across California. We acknowledge that this is an important issue across the state that needs to be addressed. However, a one-size-fits-all approach to local zoning will not achieve our shared goals. Under the existing law, all congregate housing, such as college dorms and similar housing does not count for local government's progress in achieving their Regional Housing Needs Allocation (RHNA) process, even though local governments diligently work with state and local community colleges and universities to site for and plan to develop affordable student housing.

Existing law allows land owned or leased by the University of California (UC) or California State Universities (CSU) to bypass local zoning. These entities are owned by the state.

However, community colleges are not. It is also important to note that Government Code Section 65913.6 provides specific conditions that student housing must comply with, and AB 648 does not have the same conditions for community college districts.

The author should consider harmonizing what is required for UCs and CSUs in this bill. 348
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Additionally, while the University of California and California State Universities are governed by board’s controlled by the state, community college boards are made up of locally elected individuals which are primarily responsible to the constituents of the district they represent. The state’s decision in 2023 (AB 358, Addis) to remove community colleges from having to comply with the Field Act’s requirement to have their facilities construction plans reviewed by the state Department of General Services indicates a state desire to relinquish direct oversight of these types of projects. However, we believe it is prudent for cities and counties to retain their oversight role of the land use process to take over the role the state recently abdicated itself from. Retaining local land use authority that County’s Board of Supervisors and City Councils have under existing law would provide an effective partner that could work with their local Community College Board that is pursuing a housing development to ensure the community benefits from the proposed housing.

This measure would extend the exemptions to community college districts’ land owned or leased by the local jurisdiction without specifying the development must comply with general plan requirements. The general plan is the blueprint for local jurisdictions and is important for local governments to plan for smart economic growth and residential development. By exempting any lands owned or leased from local zoning regulations, local governments cannot account for their multiple-year process to plan for and develop the community. In addition, local community college districts do not have planners on staff with experience that can balance the needs of local communities and the campus. Further, state housing laws require local governments to affirmatively further fair housing by working to prevent the concentration of housing for specific groups in a single area. The broad exemptions in this bill favor housing development for one group, community college students, over others, which is the antithesis of affirmatively further fair housing.

For these reasons, the City of Cupertino strongly opposes AB 648.

Sincerely,
Liang Chao
Mayor
City of Cupertino
cc. The Honorable Josh Becker
The Honorable Patrick Ahrens
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May 14, 2025
The Honorable Ben Allen
Member, California State Senate
State Capitol, Room # 6610
Sacramento, CA 95814
RE: SB 501 (Allen) Household Hazardous Waste Producer Responsibility Act Notice of SUPPORT (As Amended 04/07/25)
Dear Senator Allen:

The City of Cupertino is pleased to support your Senate Bill (SB) 501, which would establish an Extended Producer Responsibility (EPR) Program for Household Hazardous Waste (HHW).

HHW is a broad category of many common products used daily by consumers that contain hazardous materials. HHW requires special handling and disposal, as it is illegal to dispose of HHW in the garbage, down storm drains, or onto the ground. When illegally or improperly disposed of, chemicals in HHW can be released into the environment and contaminate our air, water, and food supply. Such illegal dumping and the collection and management of HHW is costly, which disproportionately falls to local governments and ratepayers.

EPR is a frequently used policy solution for products that have a uniquely problematic end-oflife consequence, whether it be environmental, occupational, or financial. HHW materials are one of the highest cost wastes per pound for local governments to manage on behalf of their ratepayers. Costs to public entities can be reduced if the producers absorb the costs through an EPR program. That shift in financial exposure makes producers more likely to design their products to be less toxic and less costly to manage responsibly. 350
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SB 501 is a critical piece of legislation for creating an end-of-life solution for various problematic products. For these reasons, the City of Cupertino is pleased to support SB 501.

Sincerely,
Liang Chao
Mayor
City of Cupertino
cc. The Honorable Josh Becker
The Honorable Patrick Ahrens
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CITY OF CUPERTINO
Agenda Item
25-13959 Agenda Date: 5/20/2025
Agenda #: 18.

Subject: Modification to a previously approved Development Permit and Architectural & Site Approval for the Westport Development including, but not limited to, dwelling count and ground floor retail, Park Land Dedication Fees and minor changes to Building 1. (Application No(s): M-2024- 003, ASA-2024-003; Applicant(s): Related California (Cascade Zak); Location: 21267 Stevens Creek Boulevard; APN #326-27-048) (Continued from May 6, 2025)

1. Adopt Resolution No. 25-027 approving the First Addendum to an EIR and approving the Development Permit Amendment (M-2024-003); and

2. Adopt Resolution No. 25-028 approving the Architectural and Site Approval Permit (ASA2024-003).

CITY OF CUPERTINO Page 1 of 1 Printed on 5/14/2025
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CITY COUNCIL STAFF REPORT
Meeting: May 20, 2025
Subject
Modification to a previously approved Development Permit and Architectural & Site Approval for the Westport Development including, but not limited to, dwelling count and ground floor retail, Park Land Dedication Fees and minor changes to Building 1. (Application No(s): M-2024-003, ASA-2024-003; Applicant(s): Related California (Cascade Zak); Location: 21267 Stevens Creek Boulevard; APN #326-27-048) Recommended Action
That the City Council adopt the proposed draft resolutions (Attachment 1 & 2) to:

1. Adopt the First Addendum to an EIR and approve the Development Permit Amendment (M-2024-003); and

2. Approve the Architectural and Site Approval Permit (ASA-2024-003).

Background
General Plan Land Use
Designation
Commercial/Residential with a maximum
residential density of 30 dwelling units per acre
Special Planning Area Heart of the City Specific Plan (West Stevens Creek subarea)
Zoning Designation P(CG, Res) (Planned Development zoning with General Commercial and Residential uses)
Net/gross lot area 7.9 acres/8.1 acres1
Approved Project Current Proposal
Units within Building 1 123 136
Total number of units within
the Westport Development 259 272
Residential Density 32.78 du/acre 34.4 du/acre
Density Bonus Requested 8.4% 12.8%
Height of Building 1 79.5 feet 78.6 feet
Memory Care Rooms 35 No change
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M-2024-003,
ASA-2024-003
Westport Cupertino
21267 Stevens Creek Boulevard
May 20, 2025

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Approved Project Current Proposal
Building 1 Retail
Stevens Creek Blvd frontage 60% 10%
Rear of building 26% 5%
Retail Square Footage 17,600 4,000
Building 1 Parking
Residential 81 32
Residential Care 27 18
Retail 103 23
Total Building 1 211 73
Site and Location Description
Prior to the commencement of Westport’s development, the project site was known as the Oaks Shopping Center, which was a regional, multi-tenant outdoor shopping facility built in the 1970s that included restaurants and a movie theater. The site is in the Heart of the City Specific Plan Special Area within the Oaks Gateway of the West Stevens Creek subarea.

The approximately 8.1
gross-acre site is bounded
by Stevens Creek
Boulevard to the south,
Mary Avenue to the east
and north, and Highway
85 to the west. The
surrounding uses are the
Glenbrook Apartments to
the north, De Anza
College to the south
(across Stevens Creek
Boulevard), and the
Cupertino Senior Center
to the east (See Figure 1).

Previous Entitlements
On August 18, 2020, the City Council approved permits to allow construction of a mixeduse development on the site that was occupied by the Oaks Shopping Center. The primary components of that project were:
 Two residential/commercial buildings:

Building
2 Building
1 Townhomes/Rowhome
Figure 1 Approved Westport site plan.
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M-2024-003,
ASA-2024-003
Westport Cupertino
21267 Stevens Creek Boulevard
May 20, 2025

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o Building 1 was a six-story building with 131 senior, licensed assisted living units, 27 memory care residences, and 17,600 square-feet of ground-floor retail/commercial space.
o Building 2 was a six-story building with 48 BMR senior independent living units1 and 2,400 square feet of ground-floor retail/commercial.  70 single-family residential townhouses and 18 single-family residential rowhouse condominiums.
 A one-level, below-ground parking garage with 191 parking spaces.  44,945 square feet of Residential Common Open Space
 2,915 square feet of Commercial Common Open Space
 386 onsite and offsite trees, replacing the 73 protected development trees proposed to be either removed or relocated.
 Height waivers of the 45 foot height limit in the General Plan to allow:
o Building 1 to be 70’ 0” to the eave line, and 79’ 6” to the roof ridge. o Building 2 to be 65’ to the eave line, and 74’ 6” to the roof ridge.  Slope line setback waivers of the 1:1 slope line setback from the curb line in the General Plan to allow
o a slope line setback of 1:1.70 for Building 1 and
o a slope line setback of 1:1.48 for Building 2.
 Incentive/concession allowing all BMR units to be consolidated in one of the two senior housing buildings (Building 2) rather than dispersed between the two senior housing buildings and townhouses/rowhouses.

The approval also included a vesting tentative map (VTM) (TM-2018-03) subdividing the property into two separate parcels (one 4.7 acre and one 3.1-acre parcel). Subsequently, a revised VTM (TM-2021-002) subdividing the property into three parcels, with the BMR building (Building 2) on its own parcel, was approved by City Council on September 7, 2021.

On December 21, 2021, the Cupertino City Council approved a Modification to a Development Permit (M-2021-003), an Architectural & Site Approval (ASA-2021-007), and Heart of the City Exception (EXC-2021-003) to allow the following modifications to Building 1 of the Westport Development project:
 Limited the 8,000-square-foot ground floor dining facility to residents of Building 1 and their guests only, rather than being open to the public.2

1 Since early 2024, Building 2 has been occupied and functioning in its capacity as an age restricted BMR building. As of the date of this staff report, approximately 80 of the 88 townhomes/rowhouses have a certificate of occupancy.
2 The Department of Social Services prohibits dining areas for licensed Residential Care Facilities for the Elderly from being open to the public.
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M-2024-003,
ASA-2024-003
Westport Cupertino
21267 Stevens Creek Boulevard
May 20, 2025

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 Adjusted the unit mix, adding more two-bedroom units while reducing studio units in Building 1, and adding eight memory care rooms (for a total of 35 memory care rooms), but decreasing the total residential unit count by that same number (131 to 123).
 A density bonus parking alternative standard that reduced the underground parking garage to a single floor limited to the areas under Building 1, while utilizing parking lifts and valet service to maintain the original stall count.  Reduced massing on the top floor to accommodate a sixth-floor aqua therapy pool.  Allowed 40% of the building frontage along Stevens Creek Boulevard and 75% of the rear of the building to be occupied by non-retail uses, with no change in retail square footage from the original permit.

Current Development Permit Modification Request
Cascade Zak, representing the applicant, Related, is now requesting a modification to the Development Permit (M-2024-003) and an Architectural and Site Approval Permit (ASA2024-003) to Building 1:
 Utilize their remaining density bonus Incentive/Concession to reduce the amount of retail from 17,600 square feet to 4,000 square feet.
 Request a density bonus to increase the senior assisted living dwelling count by 13 units, from 123 to 136, and to modify the unit mix. The number of memory care rooms remains unchanged at 35.
 Utilize provisions of state law (Assembly Bill 2097) to remove the underground parking facility (a decrease of 146 parking stalls for the development).  Make minor adjustments to the proposed structure, including reducing the building height, moving sixth floor amenities to the ground floor, and decreasing the overall square footage of the proposed building from 199,800 square feet to 195,253 square feet.
 Waive the application of the Park Land Dedication In-Lieu Fee.

The applicant is proposing to utilize the provisions of State Density Bonus law and the newly enacted Assembly Bill 2097 (AB2097) to achieve these changes. However, while the applicant is entitled to utilize provisions of the State Density Bonus law to reduce the retail footage if the applicant demonstrates that such reduction results in identifiable and actual cost savings, the provisions of AB2097 that prohibit cities from requiring minimum parking requirements do not apply to this project since the project was approved and entitled prior to the enactment of AB2097. Therefore, the applicant cannot apply AB2097 retroactively to an already entitled project.

Planning Commission Recommendation
The Planning Commission considered the proposed project at its March 22, 2025 meeting.

After much deliberation regarding the loss of retail and the loss of parking, the Planning 356
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M-2024-003,
ASA-2024-003
Westport Cupertino
21267 Stevens Creek Boulevard
May 20, 2025

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Commission recommended (5-0) that City Council adopt the first amendment to the EIR and adopt resolutions (Attachments C&D) approving the application with added conditions of approval to the Modified Development Permit resolution as follows:
 TRANSPORTATION DEMAND MANAGEMENT (TDM) PROGRAM

REQUIRED
The applicant shall submit a Traffic Demand Management (TDM) program for the assisted living employees prior to Building Permit issuance.  RETAIL/PARKLAND IN-LIEU OF DEDICATION FEE
Applicant to consider increasing the proposed retail square footage to 8,000 square feet, with no increased parking requirement for the additional 4,000 square feet retail component, in exchange for a refund of park in-lieu fees already paid in the approximate amount of $3.69MM, with no further payment of such fees required for the additional thirteen (13) assisted living units proposed (i.e. forego payment of approximately $300,000).

The City Council should consider the Planning Commission recommendation as recorded in the draft resolutions.

Proposed Project Modification Analysis:

1. Reduction in Retail
The Heart of the City Specific Plan limits the area of uses that do not involve the direct retailing of goods or services to the public to no more than 25% of the building frontage along Stevens Creek Boulevard, and no more than 50% of the rear of the building. On December 21, 2021, the City Council approved a Heart of the City Exception allowing 40% of the building frontage along Stevens Creek Boulevard and 75% of the rear of the building to be occupied by non-retail uses. There was no change approved in 2021 to the total retail square footage in Building 1 (17,600 sq. ft.) from that approved through the original 2020 permit.
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M-2024-003,
ASA-2024-003
Westport Cupertino
21267 Stevens Creek Boulevard
May 20, 2025

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Cupertino City CouncilMay 20, 2025

Cupertino City Council
May 20, 2025