Tuesday, November 4, 2025
5 :30 PM
CITY OF CUPERTINO
Non-Televised Closed Session (5:30) and Televised Regular Meeting (6:45)
10300 Torre Avenue and 10350 Torre Avenue and via Teleconference; and T
eleconference Location Pursuant to Gov. Code 54953(b)(2): The W Hotel, 3940 S Las Vegas Blvd W, Las Vegas, NV 89119
City Council
LIANG CHAO, MAYOR
KITTY MOORE, VICE MAYOR
J.R. FRUEN, COUNCILMEMBER
SHEILA MOHAN, COUNCILMEMBER
R "RAY" WANG, COUNCILMEMBER
IN PERSON AND TELECONFERENCE MEETING
AGENDA
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IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION O
PTIONS TO OBSERVE:
Members of the public wishing to observe the meeting may do so in one of the following ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) Watch a live stream online at www.Cupertino.org/youtube and www.Cupertino.org/webcast
OPTIONS TO PARTICIPATE AND COMMENT:
Members of the public wishing to address the City Council may do so in the following ways:
1) Appear in person for Closed Session in City Hall, Conference Room C or for Open Session in Cupertino Community Hall.
A. During “Oral Communications”, the public may comment on matters not on the agenda, and for agendized matters, the public may comment during the public comment period for each agendized item.
B. Speakers are requested to complete a Speaker Card. While completion of Speaker Cards is voluntary and not required to attend the meeting or provide comments, it is helpful for the purposes of ensuring that all speakers are called upon.
C. Speakers must wait to be called, then proceed to the lectern/podium and speak into the microphone when recognized by the Mayor.
D. Speakers are limited to three (3) minutes each. However, the Mayor may reduce the speaking time depending on the number of people who wish to speak on an item. A speaker representing a group between 2 and 5 members of the public in attendance may have up to 2 minutes per group member to speak, up to 10 minutes maximum.
E. Please note that due to cyber security concerns, speakers are not allowed to connect any personal devices at the lectern/podium. However, speakers that wish to share a document (e.g. presentations, photographs or other documents) during oral comments may do so in one of the following ways:
a) At the overhead projector at the podium, or
b) E-mail the document to [email protected] by 3:00 p.m. and staff will advance the
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slides/share the documents during your oral comment.
2) W
ritten Communications as follows:
A. E-mail comments to the City Council for Closed Session or Open Session at [email protected] as follows:
a. E-mail comments must be received by 4:00 p.m. on the day of the meeting in order to be forwarded to the City Council before the meeting.
b. Emailed comments received following agenda publication but prior to, or during, the meeting, will be posted to the City’s website after the meeting. c. These e-mail comments will also be received by each City Councilmember, the City Manager, and the City Clerk’s Office. Comments on non-agenda items sent to any other email address will be included upon the sender's request.
B. Regular mail or hand delivered addressed to the: City Council, City Hall, 10300 Torre Avenue, Cupertino, CA 95014
3) Open Session Teleconference in one of the following ways:
A. Online via Zoom on an electronic device (Audio and Video): Speakers must register in advance by clicking on the link below to access the meeting:
https://cityofcupertino.zoom.us/webinar/register/WN_NlCPB9zrTDKkrAvbcOXi2g a) Registrants will receive a confirmation email containing information about joining the webinar.
b) Speakers will be recognized by the name they use for registration. Once recognized, speakers must click ‘unmute’ when prompted to speak.
c) Please read the following instructions about technical compatibility carefully: One can directly download the teleconference (Zoom) software or connect to the meeting in their internet browser. If a browser is used, make sure the most current and up-to-date browser, such as the following, is used: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+.
Certain functionality may be disabled in older browsers, including Internet Explorer.
B. By Phone (Audio only): No registration is required in advance and speakers may join the meeting as follows:
a) Dial 669-900-6833 and enter WEBINAR ID: 826 7902 8784 b) To “raise hand” to speak: Dial *9; When asked to unmute: Dial *6 c) Speakers will be recognized to speak by the last four digits of their phone number.
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C. Via an H.323/SIP room system:
Join from an H.323/SIP room system:
H.323:
144.195.19.161 (US West)
206.247.11.121 (US East)
Meeting ID: 826 7902 8784
SIP: [email protected]
ROLL CALL - 5:30 PM
10300 Torre Avenue, Conference Room C and Teleconference Location Pursuant to Gov.
Code 54953(b)(2): The W Hotel, 3940 S Las Vegas Blvd W, Las Vegas, NV 89119
CLOSED SESSION
1. Subject: Public Employee Appointment Consideration; California Government Code Sections 54954.5(e) and 54957(b)(1); Title: City Manager
2. Subject: Conference with Legal Counsel - Anticipated Litigation; California Government Code Sections 54954.5(c) and 54956.9(e)(1); (2 cases) RECESS
O
PEN SESSION
CALL TO ORDER - 6:45 PM
10350 Torre Avenue and via Teleconference; and Teleconference Location Pursuant to Gov.
Code 54953(b)(2): The W Hotel, 3940 S Las Vegas Blvd W, Las Vegas, NV 89119
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION REPORT
CEREMONIAL ITEMS
PRESENTATIONS
3. Subject: Presentation from Toyokawa Sister City delegation regarding recent student exchange
Recommended Action: Receive presentation from Toyokawa Sister City delegation regarding recent student exchange
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4. Subject: Presentation from Hsinchu Sister City delegation regarding recent student exchange
Recommended Action: Receive presentation from Hsinchu Sister City delegation regarding recent student exchange
5. Subject: Presentation from Santa Clara Valley Water Valley District on recent updates from the District
Recommended Action: R eceive presentation from Santa Clara Valley Water District
POSTPONEMENTS AND ORDERS OF THE DAY
O
RAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter within t
he jurisdiction of the Council and not on the agenda for discussion. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment.
CONSENT CALENDAR (Items 6-10)
Items appearing on the Consent Calendar are considered routine City business and may be approved by o
ne motion. Typical items may include meeting minutes, awards of contracts, the ratification of accounts payable, and second readings of ordinances. Any member of the Council may request to have an item removed from the Consent Calendar based on the rules set forth in the City Council Procedures Manual. Members of the public may provide input on one or more consent calendar items when the Mayor asks for public comments on the Consent Calendar.
6. S ubject: Approval of October 13, 2025 City Council meeting minutes Recommended Action: App rove the October 13, 2025 City Council meeting minutes A - Draft Minutes
7. S ubject: Approval of October 21, 2025 City Council Special Meeting minutes Recommended Action: Approve the October 21, 2025 City Council Special Meeting minutes
A - Draft Minutes
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8. Subject: Approval of October 21, 2025 City Council minutes Recommended Action: App rove the October 21, 2025 City Council minutes A - Draft Minutes
9. Subject: Mitigation Fee Act - the Annual & Five-Year Report for Fiscal Year (FY) 2024-2025
Recommended Action: Adopt Resolution No. 25-090 entitled “A Resolution of the City of Cupertino City Council approving the Annual and Five-Year Mitigation Fee Report for Fiscal Year ending June 30, 2025" to:
1. Make the required findings; and
2. Approve the Annual & Five-Year Mitigation Fee Report for the Fiscal Year ending June 30, 2025, as required by Government Code Section 66000 et seq.
Staff Report
A - Annual & Five-Year Report for FY 2025
B - Draft Resolution
10. Subject: Award a contract to Professional Turf Management for maintenance services at Blackberry Farm Golf Course for a total not-to-exceed amount of $750,000 and approve a budget modification in the amount of $125,000.
Recommended Action: 1. Award a three-year contract to Professional Turf Management to provide maintenance services at Blackberry Farm Golf Course in the amount not to exceed $250,000 per year, totaling $750,000;
2. Authorize the City Manager to execute the contract with Professional Turf Management when all conditions have been met;
3. Authorize the City Manager to extend the contract for up to two additional years, at an annual amount not to exceed $250,000, for a five-year total not-to-exceed $1,250,000, provided pricing and services remain acceptable; and
4. Adopt Resolution No. 25-091, approving budget modification #2526-415, increasing appropriations by $125,000 in the Blackberry Farm Golf Course Fund funded from the Enterprise Fund.
Staff Report
A - Draft Resolution
B - Draft Agreement
C - Request for Proposal
PUBLIC HEARINGS
Government Code Section 65103.5 limi ts the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under Govt. Code Section 65103.5 may make an appointment with the Planning Division to view them at City Hall by sending an email to [email protected]. Plans will also be made available digitally during the hearing to consider the proposal.
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11. Subject: Introduce an ordinance for Municipal Code Amendments to Title 16, Buildings and Construction, of the Cupertino Municipal Code adopting the California Buildings Standards Code and Fire Code, for consistency with Assembly Bill 130 and making local exceptions as mandated by the State of California Recommended Action: 1. I ntroduce and conduct the first reading of Ordinance No. 25 -2278: “An Ordinance of the City Council of the City of Cupertino Amending Chapters
16.02, 16.04, 16.06, 16.10, 16.16, 16.20, 16.24, 16.40, 16.42, 16.54, 16.58, 16.62, 16.64, 16.68 and 16.80 of Title 16 of the Cupertino Municipal Code adopting the California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Wildland-Urban Interface, Fire, Historical Building Code, Fire, Existing Building Code, Green Building Standards Code, Referenced Standards Code, Uniform Housing Code, and Property Maintenance Code with certain exceptions, deletions, modifications, additions and amendments”;
2. Adopt Resolution No. 25-092 making factual findings with respect to the local geological, topographical, and climatic conditions necessary to make local amendments to the California Building Standards Code.
3. Find the project is exempt from CEQA pursuant to 14 California Code of Regulations Sections 15061(b)(3) and 15308.
Staff Report
A – Draft Ordinance (Redline)
B – Draft Ordinance (Clean)
C – Draft Resolution
ACTION CALENDAR
12. Subject: Introduce Ordinance No. 25-2279: “An Ordinance of the City Council of the City of Cupertino Amending City Code Title Five (Business Licenses and Regulations) to Establish Chapter 5.51 to Regulate Film Production.” Recommended Action: Conduct the first reading of Ordinance No. 25-2279: “An Ordinance of the City Council of the City of Cupertino Amending City Code Title Five (Business Licenses and Regulations) to Establish Chapter 5.51 to Regulate Film Production.”
Staff Report
A - Draft Ordinance
STUDY SESSION
13. Subject: Update on the development of the Active Transportation Plan, including a summary of Phase 1 activities and an overview of what to expect during Phase 2 Recommended Action: Receive an update on the development of the Active Transportation Plan and provide feedback on the draft project prioritization criteria Staff Report
A - Draft Project Prioritization Criteria
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ITEMS REMOVED FROM THE CONSENT CALENDAR
CITY MANAGER REPORT
14. Subject: City Manager Report
A - Report
ORAL COMMUNICATIONS - CONTINUED
C
OUNCILMEMBER REPORTS
15. Subject: Councilmember Reports
A - Councilmember Report, Chao
B - Councilmember Report, Fruen
C - Councilmember Report, Mohan
FUTURE AGENDA ITEMS
The Upcoming Draft Agenda Items Report is a tentative council meeting agenda calendar that lists upc
oming City Council meeting dates and tentative agenda items, all of which are subject to change.
16. S ubject: Upcoming Draft Agenda Items Report
A - Upcoming Draft Agenda Items Report
ADJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence l
egislative or administrative action may be required by the City of Cupertino’s lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists.
For more information about the lobbying ordinance, please contact the City Clerk’s Office at 10300 Torre Avenue, Cupertino, CA 95014; telephone (408) 777-3223; email [email protected]; and website: www.cupertino.org/lobbyist.
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form.
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In compliance with the Americans with Disabilities Act (ADA) , anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request in advance by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format.
Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the City web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100 written communications sent to the City Council, Commissioners or staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website.
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Agenda Item
25-14414 Agenda Date: 11/4/2025
Agenda #: 1.
Subject: Public Employee Appointment Consideration; California Government Code Sections 54954.5(e) and 54957(b)(1); Title: City Manager
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Agenda Item
25-14488 Agenda Date: 11/4/2025
Agenda #: 2.
Subject: Conference with Legal Counsel - Anticipated Litigation; California Government Code Sections 54954.5(c) and 54956.9(e)(1); (2 cases)
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Agenda Item
25-14147 Agenda Date: 11/4/2025
Agenda #: 3.
Subject: Presentation from Toyokawa Sister City delegation regarding recent student exchange Receive presentation from Toyokawa Sister City delegation regarding recent student exchange CITY OF CUPERTINO Printed on 10/29/2025Page 1 of 1
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Agenda Item
25-14307 Agenda Date: 11/4/2025
Agenda #: 4.
Subject: Presentation from Hsinchu Sister City delegation regarding recent student exchange Receive presentation from Hsinchu Sister City delegation regarding recent student exchange CITY OF CUPERTINO Printed on 10/29/2025Page 1 of 1
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Agenda Item
25-14413 Agenda Date: 11/4/2025
Agenda #: 5.
Subject: Presentation from Santa Clara Valley Water Valley District on recent updates from the District
Receive presentation from Santa Clara Valley Water District CITY OF CUPERTINO Printed on 10/29/2025Page 1 of 1
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Agenda Item
25-14374 Agenda Date: 11/4/2025
Agenda #: 6.
Subject: Approval of October 13, 2025 City Council meeting minutes Approve the October 13, 2025 City Council meeting minutes CITY OF CUPERTINO Printed on 10/29/2025Page 1 of 1
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Monday, October 13, 2025
SPECIAL MEETING
At 6:09 p.m., Mayor Liang Chao called the Special City Council Meeting to order in City Hall Conference Room C, 10300 Torre Avenue, Cupertino, CA 95014; and Teleconference Location Pursuant to Gov. Code 54953(b)(2): The Venetian Hotel, 3355 S Las Vegas Blvd, Las Vegas, NV 89109.
ROLL CALL
Present: Mayor Liang Chao, Vice Mayor Kitty Moore, and Councilmembers J.R. Fruen, Sheila Mohan, and R “Ray” Wang (participated remotely). Absent: None.
In open session prior to closed session, Mayor Chao opened the public comment period regarding any item on the agenda. No members of the public requested to s peak and Mayor Chao closed the public comment period.
CLOSED SESSION
1. Subject: Public Employee Appointment Consideration; California Government Code Sections 54954.5(e) and 54957(b)(1); Title: City Manager Council considered Public Employee Appointment of City Manager.
2. Subject: Conference with Legal Counsel - Anticipated Litigation; California Government Code Sections 54956.9(d)(2) and 54954.4(c): (1 case) Council met with Legal Counsel on the Anticipated Litigation.
At 6:44 p.m., Mayor Chao recessed the meeting.
OPEN SESSION
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At 5:51 p.m., Mayor Chao reconvened the Special City Council Meeting in open session and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference; and Teleconference Location Pursuant to Gov. Code 54953(b)(2):
The Venetian Hotel, 3355 S Las Vegas Blvd, Las Vegas, NV 89109.
ROLL CALL
Present: Mayor Liang Chao, Vice Mayor Kitty Moore, and Councilmembers J.R. Fruen, Sheila Mohan, and R “Ray” Wang (participated remotely). Absent: None.
POSTPONEMENTS AND ORDERS OF THE DAY – None
STUDY SESSION
3. Subject: Legislative Updates from California State Senator Josh Becker and California State Assemblymember Patrick Ahrens
Recommended Action: Receive a summary and updates on work during the 2025 California legislative session from the following representatives:
A. California State Senator Josh Becker, 13th Senate District B. California State Assemblymember Patrick Ahrens, 26th Assembly District
Written communications for this item included and presentation and written legislative updates from Assemblymember Patrick Ahrens.
Senator Josh Becker and Assemblymember Patrick Ahrens provided a summary and updates on work during the 2025 California legislative session.
Senator Becker discussed:
State budget challenges, including the shift from surplus to deficit and uncertainty over federal impacts.
Immigration and community safety, focusing on ICE activity and protections for schools and hospitals.
Energy and climate initiatives, including cap -and-trade updates, partnerships, and climate credits.
Wildfire prevention and utility reform, addressing funding, infrastructure, and CalFire capacity.
Insurance affordability and efforts to stabilize the homeowners’ market. Housing and economic development, emphasizing clean energy and in -state investment.
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Environmental resilience through wildfire detection and prevention efforts. Continued legislative oversight on long-term fiscal and environmental goals.
Assemblymember Ahrens discussed;
Legislative committees and innovation policy, including work on artificial intelligence.
Economic context and the importance of Silicon Valley’s technology sector. Housing affordability and cost of living concerns across the district. State budget investments supporting food banks, housing, and education. Public safety and education legislation, including truancy and foster youth reforms.
Community and cultural initiatives such as the Diwali state holiday and senior meal programs.
Ongoing work on mobile home protections, water conservation, and youth labor laws.
Constituent services and outreach through district offices and internship programs.
Future priorities focused on housing, foster youth, technology, education, and affordability.
Overview of the legislative process and partnership with local governments. Work on streamlining housing, clean energy projects, and supporting economic development and innovation in California.
Councilmembers asked questions and made comments.
Mayor Chao opened the public comment period and the following members of the public spoke.
Jennifer Griffin
Planning Commissioner San Rao (representing self)
Mayor Chao closed the public comment period.
Council received the summary of legislative updates from California State Senator Josh Becker and California State Assemblymember Patrick Ahrens.
ACTION CALENDAR
4. Subject: Accept Ad -Hoc Legislative Review Committee (LRC) City Council Subcommittee recommendation regarding Measure A: Measure A would authorize a retail transactions and use tax (sales tax) of 0.625% (five-eighths of one percent) in Santa 18 CC 11-04-2025
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Clara County for a limited period of five (5) years. Measure A states that it is being proposed to address significant federal funding cuts created by the congressional enactment of H.R. 1 on July 4, 2025. H.R. 1 cut federal support for public service, including substantial reductions for Medicaid (known as Medi-Cal in California) and the Supplemental Nutrition Assistance Program (SNAP) (known as CalFresh in California). (Continued from September 16, 2025)
Recommended Action: Accept the Ad-Hoc LRC City Council Subcommittee recommendation to oppose Measure A and authorize the Mayor to send position letter (Attachment B) to the State and County
Written communications for this item included emails to the Council.
Councilmembers asked questions and made comments.
Mayor Chao opened the public comment period and the following members of the public spoke.
Michael Elliott, representing Valley Health Foundation
Steve Baron
Dennis Low
Vivian Low
Jean Bedord
Ava Chiao
Allan Kamara
Neil Park McClintick
Planning Commissioner San Rao (representing self)
Cassandra Magana, representing West Valley Community Services
Mayor Chao closed the public comment period.
SUBSTITUTE MOTION: Fruen moved and Mohan seconded a substitute motion to take no position on Measure A. The substitute motion failed with the following vote: Ayes:
Fruen and Mohan. Noes: Chao, Moore, and Wang. Abstain: None. Absent: None.
MOTION: Moore moved and Wang seconded to accept the Ad-Hoc LRC City Council Subcommittee recommendation to oppose Measure A and authorize the Mayor to send position letter to the State and County.
FRIENDLY AMENDMENT: Chao made a friendly amendment to add the following statement to the draft letter:
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Many cities are also facing budget deficits right now. I’ve (Mayor Chao) spoken to several city councilmembers and mayors, and many of them are considering similar measures. Several are projecting continued deficits over the next few years and are exploring potential sales tax measures to address them. This Measure could prevent cities from enacting their own local sales tax, parcel tax, or other revenue tax measures, because the voters are already overburdened by taxes. The county has opted into a transit measure that will appear on the 2026 ballot, which would add another half percent to the sales tax, meaning another sales tax increase next year.
Moore and Wang accepted the friendly amendment.
FRIENDLY AMENDMENT: Moore made a friendly amendment to modify the language as follows:
This Measure could prevent cities from be an impediment to cities enacting their own local sales tax, parcel tax, or other revenue tax measures, because the voters are already overburdened by taxes.
Wang accepted the friendly amendment.
FRIENDLY AMENDMENT: Chao made a friendly amendment to add the following statement:
Also, the upcoming VTA tax measure (SB 63) is another potential future tax that should be mentioned, since the County supervisors have already opted into it.
Moore and Wang accepted the friendly amendment.
The amended motion passed with the following vo te: Ayes: Chao, Moore, and Wang.
Noes: Fruen and Mohan. Abstain: None. Absent: None.
ADJOURNMENT
At 9:21 p.m., Mayor Chao adjourned the Special City Council Meeting.
Minutes prepared by:
_________________________
Kirsten Squarcia, City Clerk
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Agenda Item
25-14473 Agenda Date: 11/4/2025
Agenda #: 7.
Subject: Approval of October 21, 2025 City Council Special Meeting minutes Approve the October 21, 2025 City Council Special Meeting minutes CITY OF CUPERTINO Printed on 10/29/2025Page 1 of 1
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, October 21, 2025
SPECIAL MEETING
At 6:02 p.m., Mayor Liang Chao called the Special City Council Meeting to order in City Hall Conference Room C, 10300 Torre Avenue, Cupertino, CA 95014.
ROLL CALL
Present: Mayor Liang Chao , Vice Mayor Kitty Moore, and Councilmembers J.R. Fruen, and Sheila Mohan. Absent: R “Ray” Wang.
In open session prior to closed session, Mayor Chao opened the public comment period regarding any items on the agenda. No members of the public requested to speak and Mayor Chao closed the public comment period.
CLOSED SESSION
1. Subject: Conference with Legal Counsel - Anticipated Litigation; California Government Codes Sections 54956.9(d)(2) and 54954.5(c): one claim.
Council met with legal counsel regarding the anticipated litigation.
ADJOURNMENT
At 6:26 p.m., Mayor Chao adjourned the Special City Council Meeting.
Minutes prepared by:
_________________________
Kirsten Squarcia, City Clerk
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Agenda Item
24-13599 Agenda Date: 11/4/2025
Agenda #: 8.
Subject: Approval of October 21, 2025 City Council minutes Approve the October 21, 2025 City Council minutes
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, October 21, 2025
At 6:45 p.m., Mayor Chao called the Regular City Council Meeting to order and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.
ROLL CALL
Present: Mayor Liang Chao, Vice Mayor Kitty Moore, and Councilmembers J.R. Fruen, Sheila Mohan. Absent: R “Ray” Wang.
CLOSED SESSION REPORT
City Attorney Floy Andrews reported on the actions taken during the closed session held at 6:00 p.m. City Attorney Andrews reported that there was no reportable action.
CEREMONIAL ITEMS
1. Subject: Recognition of October as Domestic Violence Awareness Month Recommended Action: Present proclamation to Maitri in conjunction with October as Domestic Violence Awareness Month
Neeti Kataruka, Maitri Client Advocate, provide d comments and receive d the proclamation.
Mayor Chao presented the proclamation to Maitri in conjunction with October as Domestic Violence Awareness Month.
2. Subject: Recognition of the years of service for the Cupertino Rotary Club Recommended Action: Recognize the years of service for the Cupertino Rotary Club
Written communications for this item included a presentation.
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Kathy Yates, Cupertino Rotary Club President, gave a presentation and received the proclamation.
Mayor Chao presented the proclamation recognizing the years of service for the Cupertino Rotary Club.
3. Subject: Recognition of the years of service for Cupertino Lions Club Recommended Action: Recognize the years of service for Cupertino Lions Club
Written communications for this item included a supplemental report.
Correction noted: An error was identified in the name of the organization listed on the agenda. The correct name is Cupertino De Anza Lions Club. The Cupertino Lions Club is a separate organization.
John Smith, Cupertino De Anza Lions Club Director, provided comments and received the proclamation.
Mayor Chao presented the proclamation recognizing the years of service for the Cupertino De Anza Lions Club.
4. Subject: Recognition of Monta Vista High School students for earning 8th place in the 2025 Science Olympiad National Tournament
Recommended Action: Present certificates of appreciation to Monta Vista High School students for earning 8th place in the 2025 Science Olympiad National Tournament
Julie Choi, Monta Vista High School Science Olympiad Team Coach, provided comments and received the certificates on behalf of the students.
Mayor Chao presented the certificates of appreciation to Monta Vista High School students for earning 8th place in the 2025 Science Olympiad National Tournament.
POSTPONEMENTS AND ORDERS OF THE DAY – None
ORAL COMMUNICATIONS
Written communications for this item included emails to the Council.
The following members of the public spoke:
Shaun Fong discussed the Mary Avenue Villas project.
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A resident discussed the Mary Avenue Villas project.
Luthern Williams discussed the Tessellations School organization and activities.
Colonel John Swensson and Dennis Whittaker discussed the upcoming Veterans Day ceremony at the Cupertino Veterans Memorial.
Marabat Bai Murzawa discussed Tessellation School’s conditional use permit.
Michael Chu discussed the Mary Avenue Villas project.
Jenny discussed a property-related code enforcement matter with the City.
Belinda Hantout discussed homelessness and housing shelter options.
Planning Commissioner San R (representing self) discussed code enforcement, oversized vehicle parking regulations, and the Vision Zero Task Force.
CONSENT CALENDAR (Items 5-12)
MOTION: Chao moved and Moore seconded to remove Item 12 from the Consent Calendar and place after the Consent Calendar for consideration. The motion passed with the following vote:
Ayes: Chao, Moore, Fruen, and Mohan. Noes: None. Abstain: None. Absent: Wang.
Mayor Chao opened the public comment period and the following member of the public spoke.
Planning Commissioner San R (representing self) (Item 9) Nori (Item 8)
Jean Bedord (Item 6)
Mayor Chao closed the public comment period.
MOTION: Fruen moved and Mohan seconded to adopt Consent Calendar Items 5 -11 as presented. The motion passed with the following vote: Ayes: Chao, Moore, Fruen, and Mohan.
Noes: None. Abstain: None. Absent: Wang.
5. Subject: Approval of October 7, 2025 City Council meeting minutes Recommended Action: Approve the October 7, 2025 City Council meeting minutes
6. Subject: Ratifying Accounts Payable for the periods ending September 12, 2025 and 26 CC 11-04-2025
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September 26, 2025
Recommended Action: A. Adopt Resolution No. 25-085 ratifying Accounts Payable for the Period ending September 12, 2025; and
B. Adopt Resolution No. 25-086 ratifying Accounts Payable for the Period ending September 26, 2025
Written communications for this item included emails to the Council.
7. Subject: Adopt a resolution increasing the employer's contribution for medical and hospitalization insurance consistent with the Public Employees’ Medical and Hospital Care Act (“PEMHCA” or the “Act”) for retired annuitants hired with the City of Cupertino prior to August 2004.
Recommended Action : Adopt Resolution No. 25 -087 increasing the employer's contribution for medical and hospitalization insurance for retired annuitants hired with the City of Cupertino prior to August 2004.
8. Subject: Second reading and enactment of Municipal Code amendments, adding Title 14, Chapter 14.30 Small Wireless Facilities In Public Rights -Of-Way, pertaining to regulation of wireless facilities within City streets.
Recommended Action: 1. Conduct the second reading and enact Ordinance 25-2276: “An Ordinance of the City Council of the City of Cupertino adding City Code Title 14 Chapter
14.30 Small Wireless Facilities In Public Rights-Of-Way.”
2. Find that the proposed action is exempt from CEQA.
9. Subject: Second reading and enactment of Municipal Code amendments for consistency with Senate Bill 450 and minor text edits, amending multiple chapters of the Municipal Code. (Application No.: MCA -2024-004; Applicant: City of Cupertino; Location :
Citywide)
Recommended Action: That the City Council:
1. Conduct the second reading and enact Ordinance No. 25-2277: “An Ordinance of the City Council of the City of Cupertino amending Chapters 14.15 (Landscape), 14.18 (Protected Trees), 18.20 (Parcel Maps), 18.52 (Hillside Subdivisions), 19.08 (Definitions),
19.12 (Administration), 19.16 (Designation and Establishment of Districts), 19.28 (Single Family R1 Zones), 19.36 (Multiple-Family R3 Zones), 19.38 (Multiple-Family R4 Zones),
19.40 (Residential Hillside RHS Zones), 19.44 (Residential Single -Family Cluster R1C Zones), 19.46 (Townhomes TH Combining District), 19.60 (General Commercial CG Zones), 19.100 (Accessory Structures), 19.102 (Glass and Lighting), 19.104 (Signs), 19.124 (Parking), and 19.132 (Sale of Alcoholic Beverages and Gasoline) of the Municipal Code regarding consistency with Senate Bill 450 and minor text edits.”; and
2. Find that the proposed actions are exempt from CEQA.
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10. Subject: Receive the Monthly Treasurer's Report for September 2025 Recommended Action: Receive the Monthly Treasurer's Report for September 2025
11. Subject: Receive the Monthly Treasurer's Investment Report for September 2025 Recommended Action: Receive the Monthly Treasurer's Investment Report for September 2025
ITEMS REMOVED FROM THE CONSENT CALENDAR
12. Subject: Approve the July 1, 2025, through June 30, 2028, Memorandum of Understanding setting the salary and terms and conditions of employment for the Cupertino City Employees’ Association (CEA)/IFPTE Local 21.
Recommended Action: 1. Adopt Resolution 25 -088 amend ing the Memorandum of Understanding (MOU) for the Cupertino City Employees’ Association (CEA)/IFPTE Local 21 based on the attached tentative agreements; and
2. Approve the corresponding Salary Schedule for CEA employees effective July 12, 2025; and
3. Adopt Resolution 25 -089 to approve budget modification 2526 -413 increasing appropriations by $605,061 ensuring that there are sufficient budget appropriations to cover the costs associated with the negotiated contracts.
Written communications for this item included emails to the Council.
This item was removed from the Consent Calendar for consideration.
Interim City Manager Tina Kapoor provided a statement.
Councilmembers asked questions and made comments.
Special Labor Counsel Christopher Boucher of Boucher Law responded to questions.
Mayor Chao opened the public comment period and the following members of the public spoke.
Planning Commissioner San Rao (representing self)
Rhoda Fry
Mayor Chao closed the public comment period.
MOTION: Moore moved and Fruen seconded to:
1. Adopt Resolution 25-088 amending the Memorandum of Understanding (MOU) for 28 CC 11-04-2025
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the Cupertino City Employees’ Association (CEA)/IFPTE Local 21 based on the attached tentative agreements; and
2. Approve the corresponding Salary Schedule for CEA employees effective July 12, 2025; and
3. Adopt Resolution 25 -089 to approve budget modification 2526 -413 increasing appropriations by $605,061 ensuring that there are sufficient budget appropriations to cover the costs associated with the negotiated contracts.
The motion passed with the following vote: Ayes: Chao, Moore, Fruen, and Mohan. Noes:
None. Abstain: None. Absent: Wang.
PUBLIC HEARINGS – None
ACTION CALENDAR - None
STUDY SESSION
13. Subject: Study session to review the Arts & Culture Commission’s recommendation to the Municipal Code standards for art in public and private development, including the standards in the Municipal Code and developing an Art -in-lieu fee policy. (Application No. MCA-2025-003; Applicant: City of Cupertino; Location: City-wide) Recommended Action: Conduct the study session and provide feedback to Staff.
Written communications for this item included a staff presentation, a presentation from the Arts and Commission Chair , a desk item report with staff responses to councilmember questions, emails to the Council , and a written communication from Councilmember Wang.
Assistant Director of Community Development Luke Connolly and Senior Planner Gian Martire gave a presentation.
Councilmembers asked questions and made comments.
Mayor Chao opened the public comment period and the following member of the public spoke.
Arts and Culture Commission Chair Kiran V. Rohra, representing the Arts and Culture Commission
Patrick Kwok
Jean Bedord
Planning Commissioner Steven Scharf (representing self) Planning Commissioner San Rao (representing self)
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Rhoda Fry
Mayor Chao closed the public comment period.
Councilmembers provided the following comments.
Council conducted the study session and requested staff follow up on the following items:
Bring this item back for another City Council study session. Provide information on whether a separate art fund exists and how it is managed. Clarify how the Arts and Culture Commission can be involved earlier in the development review process without delaying projects.
Prepare a summary of the Arts and Culture Commission’s duties under the Municipal Code and report on how those duties have been met or could be further addressed.
Identify ways to promote new art installations and showcase existing pieces. Update the City’s art tour and website to include recent additions and provide accessible options such as a foldable map for residents without the app. Include De Anza College art installations as part of the City’s broader public art inventory and collaboration efforts.
ADJOURNMENT
At 10:29 p.m., Mayor Chao adjourned the Regular City Council Meeting per rule. There was no further discussion on the remaining agenda items.
CITY MANAGER REPORT
14. Subject: City Manager Report
Interim City Manager Tina Kapoor reported on recent highlights and upcoming events as provided in the published agenda.
ORAL COMMUNICATIONS - CONTINUED – None
COUNCILMEMBER REPORTS
15. Subject: Councilmember Reports
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Councilmembers reported on their various committees and events as provided in the published agenda.
FUTURE AGENDA ITEMS
The Council did not hear this item.
16. Subject: Upcoming Draft Agenda Items Report
A tentative council meeting agenda calendar was provided in the published agenda.
Minutes prepared by:
_________________________
Kirsten Squarcia, City Clerk
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CITY OF CUPERTINO
Agenda Item
25-13654 Agenda Date: 11/4/2025
Agenda #: 9.
Subject: Mitigation Fee Act - the Annual & Five-Year Report for Fiscal Year (FY) 2024-2025 Adopt Resolution No. 25-090 entitled “A Resolution of the City of Cupertino City Council approving the Annual and Five-Year Mitigation Fee Report for Fiscal Year ending June 30, 2025" to:
1. Make the required findings; and
2. Approve the Annual & Five-Year Mitigation Fee Report for the Fiscal Year ending June 30, 2025, as required by Government Code Section 66000 et seq.
CITY OF CUPERTINO Printed on 10/29/2025Page 1 of 1
powered by Legistar™
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CITY COUNCIL STAFF REPORT
Meeting: November 4, 2025
S
ubject
Mitigation Fee Act – the Annual & Five-Year Report for Fiscal Year (FY) 2024-2025.
R
ecommended Action
Adopt Resolution No. 2 5-xxxx entitled “A Resolution of the City of Cupertino City Council approving the Annual and Five-Year Mitigation Fee Report for Fiscal Year ending June 30, 2025” to:
1) M
ake the required findings; and
2) A pprove the Annual & Five-Year Mitigation Fee Report for the F iscal Y ear ending June 30, 2025, as required by Government Code Section 66000 et seq.
Ba
ckground
This action is an annual requirement established by state law for cities that collect mitigation fees. The Mitigation Fee Act (Government Code Section 66000 et seq.) requires public agencies to account for and make findings when imposing mitigation fees as a condition of development approval. Government Code Section 66006(b) also requires that public agencies annually review and make available to the public a report accounting for mitigation fees held by the agency. Additional reporting is required at least every five years pursuant to Government Code Section 66001(d).
R
easons for Recommendation and Available Options There are several mitigation fees that the City of Cupertino has required as a condition of development approval in lieu of requiring construction of certain public improvements. These fees are subject to annual and five-year reporting requirements. Mitigation fees are based on a development’s fair share of a larger public improvement project. This reporting excludes fees that are not subject to reporting requirements under Government Code Section 66000 et se q., except for parkland dedication fees which are subject to the Quimby Act and not the Mitigation Fee Act. The City reports on parkland dedication fees to provide further transparency on funds collected. Furthermore, although the master storm drain fee has been considered a maintenance fee in prior years , the City Attorney’s Office suggested the fee be included in the report to provide further transparency on funds collected. T he City has also included reporting on the art in-lieu fees. Generally, art in-lieu fees are imposed under the City’s police power to regulate development and are not considered impact fees for 33 CC 11-04-2025
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purposes of the Mitigation Fee Act. However, the City has included reporting on the art in-lieu fees to provide consistency and clarity.
Pursuant to Section 66006(b), the City is required to make available to the public the following information concerning mitigation fees each fiscal year:
• A brief description of the type of fee in the account or fund. • Amount of the fee.
• Beginning and ending balances of the account or fund. • The amount of fees collected, and interest earned.
• Id
entification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with in -l
ieu fees.
• Id
entification of an approximate date by which the construction of the public improvement will commence, if the local agency determines that sufficient funds have been collected to complete the public improvement and the public improvement remains incomplete.
• A description of each inter-fund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended. In the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. • The amount of any refunds made pursuant to Government Code section 66001(e) and any allocations made pursuant to Government Code section 66001(f).
Under Section 66001(d), the City also must make certain findings regarding unfinished improvements every five years following the first deposit of mitigation fees into a fund.
The City must identify the purpose for which the fee was expended and demonstrate a reasonable relationship between the fee and the purpose for which it was used. The City also must identify all sources and amounts of funding anticipated to complete the financing of incomplete improvements and to designate approximate dates when this funding is expected to be deposited into the account. Fees received through a development agreement are exempt from the five-year report.
FY 2024-25 Report
The attached report includes the annual report for the fiscal year ending June 30, 202 5, and a five-year report for all fees. Since the City provided a five-year report last fiscal year, a new five -year report is not required. However, because the five-year report provides additional detail, the City annually provides such data to better inform the public.
The following provides a brief overview of the updates made to this year’s report:
All projects have been updated to reflect FY 2024-25 information. Art In-Lieu Fee: All funds were transferred in FY 2023-24 (from the General Fund to the Capital Improvement Program Capital Projects Fund ) for the artwork related to the Jollyman All-Inclusive Playground Project. The information for this 34 CC 11-04-2025
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fee has not been removed from this report to ensure art in-lieu funds collected in the future are included in ongoing reporting.
De Anza/McClellan/Pacifica Signal Modification: The project was removed from this report as all funds were expended in FY 2023-24 (reflecting a $0 balance in last year’s report) and used for the project.
Hwy 85/Stevens Creek Blvd Caltrans Intersection Improvements: The project was added to this report after a developer contribution was made in FY 2024-25.
The Mitigation Fee Act stipulates a 15-day public review period for the annual report. The FY 2024-25 annual report was made available to the public on the City’s webpage (https://www.cupertino.org/our-city/departments/finance/budget-reports) on October 20, 2025. A public hearing is not required for this item; therefore, no additional noticing in advance of the Council meeting is required.
By adopting the resolution to make the required findings and approve the FY 2024 -25 Report, the City is meeting the requirements under the Mitigation Fee Act. By not approving the resolution, the in-lieu funds may be in jeopardy of needing to be returned to the developers.
Sustainability Impact
No sustainability impact.
Fiscal Impact
Not applicable. Accepting the Annual and Five-Year Reports does not have any impact on the City’s budget.
City Work Program (CWP) Item/Description
None
Council Goal
Public Engagement and Transparency
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, Interim City Attorney
Approved for Submission by: Tina Kapoor, Interim City Manager Attachments:
A – Annual & Five-Year Report for FY 2025
B – Draft Resolution
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City of Cupertino
AB 1600 ‐ Mitigation Fee Act
Annual & Five Year Report for the fiscal year ending June 30, 2025
Dept.: Community Development
Project: Below Market Rate (BMR) Housing Mitigation Fee
Local Authority:
Information on the City’s BMR Housing Mitigation Fee is provided as a courtesy. The City of Cupertino has collected BMR mitigation fees from commercial and residential developments since 1992 based on nexus studies conducted at that time. On May 5, 2015, the City Council adopted Resolution 15-036, accepting three reports from Keyser Marston Associates, Inc. (KMA) – Summary and Recommendations BMR Housing Mitigation Program, Non-Residential Jobs- Housing Nexus Analysis, and Residential BMR Housing Nexus Analysis – which collectively form the City’s Nexus Study justifying the current residential and non-residential Housing Mitigation Fees. Per Resolution 17-052, the City Council adopted the updated BMR residential and non-residential (office, research and development, industrial, hotel, retail and commercial) Housing Mitigation Fees. On May 19, 2020, the City Council adopted Resolution 20-056, which increased the Housing Mitigation Fees for hotels and for offices to levels lower than the maximum amount needed to fully mitigate the burdens created by new development on the need for affordable housing as determined in the KMA Reports, based in part on an Economic Feasibility Analysis prepared by Strategic Economics concluding that increased fees would be feasible. On April 21, 2020, the City Council adopted Resolution 20-037, amending the BMR Housing Mitigation Fees to adopt fee categories and amounts for self-storage and warehouse uses based in part on a report from KMA dated January 2020 and entitled “Supplement to the Non- Residential Jobs-Housing Nexus Study” evaluating the impact of self-storage and warehouse land uses on demand for affordable housing in the City and determining the maximum amount of a fee needed to fully mitigate the burdens on affordable housing created by these types of development.
On July 2, 2024, the City Council adopted Resolution No. 24-067 to amend the Housing Mitigation Manual in accordance with implementation of the 2023-2031 Housing Element.
Specifically, this was done to enact Strategy HE 2.3.3, which requires projects with five or more new units to provide units, and projects with four or fewer new units to pay an in-lieu of BMR unit fee. The fiscal year 2024-25 BMR Housing Mitigation Fee amounts are being reported below.
Five Year Reporting & Findings Requirement:
1. The purpose of the BMR Housing Mitigation Fee is to help mitigate the need for affordable housing as a result of new residential and non-residential development within the City of Cupertino. The requirements for applicability to the BMR Housing Mitigation Fees are set forth in the City’s adopted BMR Housing Mitigation Program Procedural Manual. The BMR Housing Mitigation Fee schedule is as follows:
Residential (per sq. ft.) -
Detached Single Family Residence $21.87
Small Lot Single Family Residence or Townhome $24.05
Multi-Family Attached Townhome or Condo $29.15
Multi-Family Rental Apartment (1 to 35 du/ac) $29.15
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Multi-Family Rental Apartment (over 35 du/ac) $36.44
Non-Residential (Per sq.ft.) –
Office, Research & Development, or Industrial $34.55
Hotel $17.28
Self-Storage, employee unit provided $0.65
Self-Storage, employee unit not provided $1.36
Warehouse $48.00
Commercial or Retail $14.58
BMR Housing Mitigation Fees were used to fund staff and administrative time, BMR housing placement services and data management, rental mediation, and contract services.
The fees in the BMR Fund include funds paid to the City as conditions of development agreements. When applicable, these fees are included in the tables below; however, there is no requirement to prepare a five-year report regarding fees obtained through a development agreement.
2. A reasonable relationship exists between the BMR Housing Mitigation Fee and the purpose for which the fee was charged. The need for the BMR Housing Mitigation fees, as they were identified when the fee was enacted, remains. See, Strategic Economics December 16, 2019 Economic Feasibility Study of Inclusionary Requirements.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost*
Fund
Balance
6/30/2025
%
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Estimated
Date for
Funding to
be Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Below
Market Rate
Housing
Mitigation
fee
$526,600,000 $9,605,415 100% Additional
Developer
Contributions
State and
Federal tax
credits, loans
and grants
As projects
develop/
redevelop
Ongoing Ongoing
* Based on RHNA allocation and affordability gaps estimated in the nexus study: Very- low income units (1,193) x $241,000/unit = $287.5 million. Low income units (687) x $213,000/unit = $146.3 million. Moderate income units (755) x $123,000/unit = $92.8 million. Total = $526.6 million.
The 2023-31 RHNA numbers are as follows: 1,193 very low-income units, 687 low-income units, 755 moderate- income units, and 1,953 above moderate-income units.
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Annual Report
Amount of Fee: Based on adopted Fee Schedule
FY2024-25
Trust Fund
Activity
Fiscal Year
Purpose of Expenditure
Balance at
7/1/2024
$9,236,860
*$134,561
**$9,371,421
Fees
Collected***
$530,451
Interest $286,817
Expended
Subtotal
($133,007)
($13,621)
($282,829)
($0)
($51,635)
($102,182)
($583,274)
Staff and administration
Housing data management
Housing placement services
Rental mediation services/contract services
Other materials and special project costs
Cost allocation plan
Refunded 0
Unaudited
balance at
6/30/25
$9,605,415
($4,527,698) Non-spendable balance (notes and interest
receivable for BMR housing loans)
$5,077,717 Unaudited remaining balance
* Transactions posted to prior FYs not captured in previous reports (largely BMR housing loans and mark- to-market adjustments)
** FY25 audited beginning balance after ACFR finalized
*** Includes funds collected by Development Agreement
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Dept.: Public Works
Project: Park Dedication In-Lieu Fee
Local Authority:
City of Cupertino: Municipal Code, Chapter 13.08 and Chapter 14.05
Five Year Reporting & Findings Requirement:
1. The purpose of the Park Dedication Fee is to help mitigate the need for additional outdoor recreational area for new residential development within the City of Cupertino. The requirements for applicability to the Park Dedication Fees are set forth in the City’s Municipal Code, Chapter
13.08 and Chapter 14.05, and the fee was adopted under the provisions of the Mitigation Fee Act.
The Parkland Dedication Fee is based on the fair market value of land within the City of Cupertino. Land values are appraised annually, and the Park Dedication Fees are updated accordingly. Park Dedication Fees are used to fund parkland acquisitions and improvements to park and recreational facilities.
The fees in the Park Dedication table below include funds paid to the City as a condition of development agreements. Although these fees are included in the tables below, there is no requirement to prepare a five-year report regarding fees obtained through a development agreement. In addition, this table includes adopted fees imposed as a condition of development.
2. A reasonable relationship exists between the Park Dedication Fee and the purpose for which the fee is charged, as additional parkland and facilities are needed to offset the increase in population that additional residential units impact. The need for the Park Dedication fees, as they were identified when the fee was enacted, remains, as the City’s current park area per resident does not yet meet the park acreage standard in the Park Dedication Fee.
3. The sources and amounts of funding anticipated to complete the financing of the Park Dedication are identified below:
• Developer Fair-Share Contributions from all projects that add residences.
4. The approximate dates on which the funding for the needed park acquisition and improvements is expected to be deposited into the appropriate account are identified in the Five-Year Report on the next page.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2025
%
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Estimated
Date for
Funding to
be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Lawrence-
Mitty Park
$8,270,994 $20,927,461 100% Project is
fully funded
Winter 2020 Spring
2015
Fall 2027
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Annual Report
Amount of Fee: Based on Fair-Market Value of land, through land appraisal
FY2024-25
Trust Fund
Activity
Fiscal Year
Purpose of Expenditure
Balance at
7/1/2024
$19,038,383
*$7,698
**$19,046,081
Fees Collected $999,000
Interest $1,008,420
Expended
(see below for
full project
expenditures)
($126,040)
($0)
($0)
Lawrence-Mitty Park
Memorial Park Pond Repurposing
Jollyman Park All-Inclusive Playground
Returned*** $0
Unaudited
Balance at
6/30/2025
$20,927,461
* Transactions posted to prior FYs not captured in previous reports ** FY25 audited beginning balance after ACFR finalized
*** Unused project funds returned in parkland in-lieu fee account
Total Unaudited Balance $20,927,461
Total Reserved Balance $6,263,919 (a+b+c)
Unreserved Balance $14,663,542
Lawrence Mitty Park Reservation $8,270,994
Expended FY20-21 ($2,749,741)
Expended FY21-22 ($235,366)
Expended FY22-23 ($103,342)
Expended FY23-24 ($69,012)
Expended FY24-25 ($126,040)
Remaining Balance $4,987,493 (a)
Memorial Park Pond Repurposing
Reservation
$3,000,000
Expended FY21-22 ($119,572)
Expended FY22-23 ($1,579,162)
Expended FY23-24 ($24,885)
Expended FY24-25 ($0)
Remaining Balance $1,276,426* (b)
*to be returned to the unreserved balance
Jollyman Park All-Inclusive
Playground Reservation
$500,000
Expended FY23-24 ($500,000)
Expended FY24-25 ($0)
Remaining Balance $0 (c)
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Dept.: Public Works
Project: Transportation Impact Fee
Local Authority:
City of Cupertino: Municipal Code, Chapter 14.02
Five Year Reporting & Findings Requirement:
1. The purpose of the Transportation Impact Fee is to help mitigate the impact to the City’s existing transportation infrastructure due to new development, additions to existing structures or changes in use within the City of Cupertino. The requirements for applicability to the Transportation Impacts Fees are set forth in the City’s Municipal Code, Chapter 14.02, and the fee was adopted under the provisions of the Mitigation Fee Act. The Transportation Impact Fee is based on the Transportation Impact Fee Nexus Study. Transportation Impact Fees are used to fund capital improvements to the City’s transportation infrastructure.
2. A reasonable relationship exists between the Transportation Impact Fee and the purpose for which the fee is charged, as additional transportation infrastructure is needed to offset the increased demand that new development, additions to existing structures and changes in use create on the roadway network. The need for the Traffic Impact fees, as identified in the Nexus Study remain, as the infrastructure improvements have not yet been constructed.
3. The sources and amounts of funding anticipated to complete the financing of the Transportation Impact Fee are identified below:
• Developer Fair-Share Contributions from all projects that create new vehicle trips.
4. The approximate dates, on which the funding for the needed transportation impact improvements is expected to be deposited, are identified in the Five-Year Report on the next page.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2025
%
Expecte
d to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated to
Complete the
Project
Estimated
Date for
Funding to
be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Projects in the
Transportation
Impact Fee
Nexus Study
$59,780,125 $916,210 100% Additional
Developer
Contributions,
State and
Federal grants,
General Fund
Fall 2024 Winter
2019
Summer 2040
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Annual Report
Amount of Fee: Based on Transportation Impact Fee Nexus Study
FY2024-25
Trust
Fund
Activity
Fiscal Year
Purpose of Expenditure
Balance at
7/1/2024
$812,484
*$403
**$812,887
Fees
Collected
$59,892
Interest $43,431
Expended
Subtotal
0 0
Refunded 0
Unaudited
Balance at
6/30/2025
$916,210
* Transactions posted to prior FYs not captured in previous reports (largely contributed to mark-to-market adjustments)
** FY25 audited beginning balance after ACFR finalized
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Dept.: Public Works
Project: Master Storm Drain Fee
Local Authority:
The City of Cupertino has collected master storm drain fees from developments since 1962 based on studies conducted at that time – the 1961 Master Storm Drainage Plan and Cost Study, the 1974 Revised Master Plan, and the 1993 Storm Drainage System Master Plan, all prepared by Mark Thomas. On July 16, 1962, the City Council adopted Resolution No. 633, approving the Storm Drainage Fee Policy that set forth the fee structure for the Master Storm Drain Fee for residential (single family and multi-family) and non-residential (commercial and industrial) uses.
On March 21, 1977, the City Council adopted Resolution No. 4422, amending the fee structure to include and better define various uses – low-density residential (less than 1 du/ac), single-family residential (1 du/ac and less than 5.2 du/ac), multi-family residential (greater than 5.2 du/ac) as well as include public educational use and public facility use in the non-residential category. The fees are adjusted by the Construction Cost Index annually with the approval of the fee schedule.
On January 15, 2019, City Council adopted Resolution No. 19-011 accepting the 2018 City of Cupertino Storm Drain Master Plan prepared by Schaff & Wheeler, which updates the 1993 Storm Drainage System Master Plan by taking into account improvements made to the system since acceptance of the 1993 plan, incorporating more advanced software in the preparation of the hydraulic models, and describing and prioritizing capital improvement projects necessary to maintain and improve the storm drain collection system operated by the City in a manner consistent with industry standards.
Five Year Reporting & Findings Requirement:
1. The purpose of the Master Storm Drain Fee is to help maintain and mitigate impacts to the City’s existing storm drain infrastructure. The requirements for applicability to the Master Storm Drain Fees are set forth by the City Council adoption of Resolution No. 633 and 4422, and the fee was adopted under the provisions of the Mitigation Fee Act. The Master Storm Drain Fee is based on studies from the 1961 Master Storm Drainage Plan and Cost Study, the 1974 Revised Master Plan and the 1993 Storm Drainage System Master Plan. Master Storm Drain Fees are used to fund maintenance and capital improvements to the City’s storm drain infrastructure.
2. A reasonable relationship exists between the Master Storm Drain Fee and the purpose for which the fee is charged as the storm drain system requires ongoing maintenance that is necessary to ensure proper drainage from development projects, and storm drain improvements may be needed to address increased demand from new developments. The need for the Master Storm Drain fees, as identified in the Storm Drain Master Plan remain, as maintenance and infrastructure improvements are necessary.
3. The sources and amounts of funding anticipated to complete the financing of the Master Storm Drain Fee are identified below:
• Developer Fair-Share Contributions from all projects that propose new developments.
4. The approximate dates, on which the funding for the needed storm drain improvements is expected to be deposited, are identified in the Five-Year Report on the next page.
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Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost*
Fund
Balance
6/30/2025
%
Expecte
d to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated to
Complete the
Project
Estimated
Date for
Funding to
be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Maintenance
Activities &
Projects in the
2018 Storm
Drain Master
Plan and 2024
Storm Drain
Outfall
Assessment
Report
$79,280,000 $2,257,952 70% Additional
Developer
Contributions,
State and
Federal grants,
General Fund
As projects
develop/
redevelop
Ongoing Ongoing
* Based on estimates from the 2018 Storm Drain Master Plan: High priority capital improvements = $12.52 million.
Moderate priority capital improvements = $25.88 million. Low priority capital improvements = $40.88. Total = $79.28 million.
Annual Report
Amount of Fee: Based on Storm Drain Master Plan
FY2024-25
Trust
Fund
Activity
Fiscal Year
Purpose of Expenditure
Balance at
7/1/2024
$2,049,430
*$1,179
**$2,050,609
Fees
Collected
$98,721
Interest $108,622
Expended
Subtotal
0 0
Refunded 0
Unaudited
Balance at
6/30/2025
$2,257,952
* Transactions posted to prior FYs not captured in previous reports (largely contributed to mark-to-market adjustments)
** FY25 audited beginning balance after ACFR finalized
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Dept.: Community Development
Project: Art In-Lieu Fee
Local Authority:
City of Cupertino: Municipal Code, Chapter 19.148
Five Year Reporting & Findings Requirement:
1. The purpose of the Art In-Lieu Fee is to provide an alternative for private development projects that are required to provide public artwork but lack an appropriate location for public art. The requirements for applicability to the Art In-Lieu fees are set forth in the City’s Municipal Code, Chapter 19.148. The Art In-Lieu Fee is based on 1.25% of the construction valuation and is subject to the approval of the Arts and Culture Commission. Art In-Lieu Fees are used to fund the commission and installation of public artwork.
2. A reasonable relationship exists between the Art In-Lieu Fee and the purpose for which the fee is charged as the placement of artwork on a particular property may not be feasible, and alternative means for installing art is needed. The need for the Art In-Lieu fees, as identified when the fee was enacted, remains.
3. The sources and amounts of funding anticipated to complete the financing of the Art In-Lieu Fee are identified below:
• Developer Fair-Share Contributions from all projects that require public artwork.
4. The approximate dates, on which the funding for the needed public artwork improvements is expected to be deposited, are identified in the Five-Year Report below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost*
Fund
Balance
6/30/2024
%
Expecte
d to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated to
Complete the
Project
Estimated
Date for
Funding to
be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
None
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Annual Report
Amount of Fee: Based on 1.25% of construction valuation
FY2024-25
Trust Fund
Activity
Fiscal Year
Purpose of Expenditure
Balance at
7/1/2024**
$0
Fees
Collected*
$0
Interest $0
Expended
see
reservations
below
Reserved none
Balance at
6/30/2025**
$0
*- Includes funds collected by Development Agreement and other developments **- Balance reflects the unreserved funds
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Dept.: Public Works
Project: N. Stelling/I-280 Bridge Pedestrian Lighting & Upgrades
Local Authority:
EXC-2007-06: Condition of Approval No. 21
TM-2007-02: Condition of Approval No. 24
Five Year Reporting & Findings Requirement:
1. The purpose of the N. Stelling/I-280 Bridge Pedestrian Lighting & Upgrades fee is to enhance the pedestrian walkway along the east and west side of the North Stelling Road bridge that crosses over Interstate 280. Public facilities to be funded with the fees were described in:
a. Villa Serra Apartments: ASA-2007-03: Condition of Approval No. 21, dated July 13, 2007 for Architectural Site Approval ($25,000 collected) b. Las Palmas Subdivision: TM-2007-02: Condition of Approval No. 24, dated July 18, 2007 for Tentative Map Application ($25,000 collected)
2. A reasonable relationship exists between the North Stelling fee and the purpose for which the fee was charged in that new development in the vicinity of the bridge increases pedestrian traffic across the bridge. The need for improvements to the bridge, that were identified during the review of the two projects, remains, as the bridge experiences increased pedestrian traffic due to the two projects.
3. The sources and amounts of funding anticipated to complete the financing of the bridge improvements are identified below:
• It is anticipated that the City of Cupertino General Fund will be used to supplement revenue from fees.
4. The approximate dates on which the funding for the bridge improvements is expected to be deposited into the appropriate account are identified in the Five-Year Report below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2025
%
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Estimated
Date for
Funding to
be Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Pedestrian
Lighting &
Upgrades –
N. Stelling/
I280 Bridge
$100,000 $56,812 50% Anticipated
that City will
fund the
remaining
cost of the
project
Spring 2027 Summer 2027 Fall 2027
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Annual Report
Amount of Fee: 25% Contribution to the total cost, based on estimated four projects contributing to improvement.
FY 2024-25
Trust Fund
Activity
Fiscal
Year
Purpose of
Expenditure
Inception
To Date
Loans/Transfers
Balance at
7/1/2024
$54,338 Amount $ -
Fees Collected 0 $ 50,000 Repayment Date
(est.)
na
Interest $2,474 $10,362
Expended 0 ($3,550)
Refunded 0 0
Balance at
6/30/2025
$56,812 $56,812
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Dept.: Public Works
Project: Stevens Creek Blvd. and Bandley Drive Signal Improvements
Local Authority:
ASA-2011-12: Condition of Approval No. 43
Five Year Reporting & Findings Requirement:
1. The purpose of the Stevens Creek Blvd and Bandley Drive Traffic Signal Improvement fee is to partially fund upgrades to the traffic signal in order to improve the efficiency of the intersection.
Public facilities to be funded with the fees were described in:
a. Cupertino Crossroads: ASA-2011-12: Condition of Approval No. 43 dated November 17, 2011 for Architectural Site Approval ($25,000 collected)
2. A reasonable relationship exists between the Stevens Creek Blvd. and Bandley Drive Signal Improvements fee and the purpose for which the fee was charged, in that the new development has a driveway that connects directly to the signalized intersection and the development will introduce additional vehicular and pedestrian traffic to the intersection. The need for the improvements to the intersection, which were identified during the review of the project, remains.
3. The sources and amounts of funding anticipated to complete financing of the signal upgrades improvements are identified below:
• Developer Fair-Share Contributions from other projects in the vicinity of the intersection. • It is anticipated that the City of Cupertino General Fund will be used to supplement revenue from fees.
4. The approximate dates on which the funding for the signal improvements is expected to be deposited into the appropriate account are identified below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2025
%
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Estimated
Date for
Funding
to be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Stevens Creek
Blvd and
Bandley
Drive Signal
Improvements
$185,000 $14,758 5% Developer
Contributions,
and General
Fund.
Funding
has been
provided.
Summer
2019
Spring
2020
Winter 2026
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Annual Report
Amount of Fee: Contribution from expected nearby developments, based on estimated addition of traffic to intersection.
FY2024-25
Trust Fund
Activity
Fiscal
Year
Purpose of
Expenditure
Inception
To Date
Loans/Transfers
Balance at
7/1/2024
$14,115 Amount $ -
Fees Collected 0 $ 25,000 Repayment Date
(est.)
na
Interest $643 $2,884
Expended 0 Kimley Horn
Contract
($13,126)
Refunded 0 0
Balance at
6/30/2025
$14,758 $ 14,758
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Dept.: Public Works
Project: Traffic Mitigation at Homestead Rd and Lawrence Expressway
Local Authority:
TM-2012-04: Condition of Approval No. 87
Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit.
1. The purpose of the Traffic Mitigation at Homestead Rd and Lawrence Expressway fee is to fund improvements to the intersection in order to address traffic impacts from the project. Public facilities to be funded with the fees were described in:
a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 87, dated September 20, 2012 for Tentative Map application ($400,000 collected)
2. A reasonable relationship exists between the Traffic Mitigation at Homestead Rd and Lawrence Expressway fee and the purpose for which the fee was charged, in that the development, in the vicinity of the intersection, introduces additional traffic to the intersection. The County of Santa Clara has estimated a cost to upgrade the intersection, and the Environmental Impact Report assessed a fair share contribution from the project to address its portion of the impact. The need for improvements to the intersection, as they were identified during the review of the project, remains.
3. The sources and amounts of funding anticipated to complete financing of the intersection improvements are to be identified by the County of Santa Clara.
4. The approximate dates on which the funding for the intersection improvements is expected to be deposited into the appropriate account are identified below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2025
%
Expecte
d to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Estimated
Date for
Funding to
be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Traffic
Mitigation at
Homestead
Rd and
Lawrence
Expressway
Bridge
$4,000,000 $468,731 100% To be
determined
by the
County of
Santa Clara
When
adequate
funds have
been
acquired by
the County
to begin the
project.
Anticipated
Summer
2025
Summer
2025
Fall 2025
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Annual Report
Amount of Fee: Based on Fair-Share Contribution assessed by Environmental Impact Report
FY2024-25
Trust Fund
Activity
Fiscal
Year
Purpose of
Expenditure
Inception
To Date
Loans/Transfers
Balance at
7/1/2024
$448,321 Amount $ -
Fees Collected 0 $400,000 Repayment Date
(est.)
na
Interest $20,410 $68,731
Expended 0 0
Refunded 0 0
Balance at
6/30/2025
$468,731 $468,731
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Dept.: Public Works
Project: Traffic Calming to Mitigate Impacts from Main Street Cupertino
Local Authority:
TM-2012-04: Condition of Approval No. 93
Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit.
1. The purpose of the Traffic Calming to Mitigate Impacts from Main Street Cupertino fee is to help mitigate traffic impacts in the adjacent neighborhoods resulting from the project, for a period of 5 years following project occupancy. Public facilities to be funded with the fees were described in:
a. Main Street Cupertino TM-2012-04: Condition of Approval No. 93 dated 9/20/2012 for Tentative Map application ($100,000 collected).
2. A reasonable relationship exists between the Traffic Calming fee and the purpose for which the fee was charged, in that the development introduces additional traffic to the surrounding neighborhoods. The City will utilize the funds as needed to address traffic impacts to the surrounding neighborhoods, for a period of 5-years after occupancy.
3. The sources and amounts of funding anticipated to complete financing of the traffic calming mitigations were collected with the project ($100,000).
4. The approximate dates on which the funding for the improvements is expected to be deposited into the appropriate account are identified below.
5. The initial deposit was collected upon project occupancy in June 2018 and the funds have been allocated to the Stevens Creek Blvd Class IV Bikeway project with expenditures expected to be registered during FY24-25.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2025
%
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Estimated
Date for
Funding to
be Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Stevens
Creek Blvd
Class IV
Bikeway
$1,084,000 $117,183 10% Project fully
funded
Fees have
been
collected.
Development
Project
completed
June 2018
Summer
2020
Winter 2026
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Annual Report
Amount of Fee: Estimated Full Cost of the Study and potential improvements.
FY2024-25
Trust Fund
Activity
Fiscal
Year
Purpose of
Expenditure
Inception
To Date
Loans/Transfers
Balance at
7/1/2024
$112,080 Amount $ -
Fees Collected 0 $100,000 Repayment Date
(est.)
na
Interest $5,103 $17,183
Expended 0 0
Refunded 0 0
Balance at
6/30/2025
$117,183 $117,183
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Dept.: Public Works
Project: Creek Trail Improvements along Calabazas Creek
Local Authority:
TM-2012-04: Condition of Approval No. 47
Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit.
1. The purpose of the Creek Trail Improvements along Calabazas Creek contribution is to administer a creek trail plan, the necessary approvals and improvements for a new trail along Calabazas Creek from Vallco Parkway to Interstate 280. Public facilities to be funded with the fees were described in:
a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 47 dated September 20, 2012 for Tentative Map application ($65,000 collected)
2. A reasonable relationship exists between the Creek Trail Improvements along Calabazas Creek Fee and the purpose for which the fee was charged in that development in the vicinity of the proposed creek trail introduces additional pedestrian traffic to the area, causing the need to provide additional and alternative means of pedestrian access and recreation to new residents and visitors to the development. The need for a new creek trail, as it was identified during the review of the project, remains.
3. The sources and amounts of funding anticipated to complete financing of the project are identified below:
• Developer Fair-Share Contributions from other projects in the vicinity of the proposed creek trail location
4. The approximate dates on which the funding for the trail improvements is expected to be deposited into the appropriate account are identified in the Five-Year Report on the next page.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2025
%
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Estimated
Date for
Funding to
be Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Creek Trail
Improvements
along
Calabazas
Creek
$3,100,000 $76,170 5% Additional
Developer
Contributions
are needed to
complete the
project
Developer
contributions
obtained
when
adjacent
properties
redevelop.
Anticipated
Summer 2022
Spring 2023 Fall 2026
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Annual Report
Amount of Fee: Contribution equivalent to 1/3 of the estimated cost of creek trail plan
FY2024-25
Trust Fund
Activity
Fiscal
Year
Purpose of
Expenditure
Inception
To Date
Loans/Transfers
Balance at
7/1/2024
$ 72,854 Amount $ -
Fees Collected 0 $ 65,000 Repayment Date
(est.)
na
Interest $3,316 $11,170
Expended 0 0
Refunded 0 0
Balance at
6/30/2025
$76,170 $76,170
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Dept.: Public Works
Project: Parking Conversion Fund along Vallco Parkway
Local Authority:
TM-2012-04: Condition of Approval No. 67
Five Year Reporting & Findings Requirement:
1. The purpose of the Parking Conversion Fund along Vallco Parkway is to enable the City to convert the angled parking spaces along the south side of Vallco Parkway to parallel parking spaces and an additional east-bound traffic lane. Public facilities to be funded with the fees were described in:
a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 67 dated 9/20/2012 for Tentative Map application ($450,000 collected)
2. A reasonable relationship exists between the Parking Conversion Fund along Vallco Parkway and the purpose for which the fund was collected in that new development is adjacent to this section of Vallco Parkway, and the development added angled parking along Vallco Parkway to serve the development which reduced the number of east-bound lanes as part of their project. The Fund will permit the City to reestablish the east-bound lane that was lost, due to the development, should it be found that the additional lane is necessary to serve the public. The fund is based on the estimated cost to perform the work. The need for the funds, that were identified when the funds was imposed, remain, as the surrounding area is currently planned to further develop.
3. The sources and amounts of funding anticipated to complete financing of the conversion were collected with the project ($450,000).
4. The approximate dates on which the funding for the conversion is expected to be deposited into the appropriate account are identified below.
5. The initial deposit was collected upon project occupancy in June 2018 and is expected to be utilized at the City’s discretion to remove angled parking and/or add an additional vehicle lane along Vallco Parkway. The City will continue to evaluate Vallco Parkway layout for traffic concerns through June 2028.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2025
%
Expect
ed to
be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Estimated
Date for
Funding to
be Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Parking
Conversion
Fund along
Vallco
Parkway
$450,000 $527,322 100% No
additional
funds
needed at
this time.
Fees have
been collected.
Development
Project
completed
June 2018
June 2018 June 2028
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Annual Report
Amount of Fee: Estimated Full Cost of the potential improvements.
FY2024-25
Trust Fund
Activity
Fiscal
Year
Purpose of
Expenditure
Inception
To Date
Loans/Transfers
Balance at
7/1/2024
$504,361 Amount $ -
Fees Collected 0 $450,000 Repayment Date
(est.)
na
Interest $22,961 $77,322
Expended 0 0
Refunded 0 0
Balance at
6/30/2025
$527,322 $527,322
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Dept.: Public Works
Project: Funding of Neighborhood Cut-through Traffic and Parking Intrusion Monitoring
Local Authority:
TM-2011-03: Condition of Approval No. 49
Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit.
1. The purpose of the Funding of Neighborhood Cut-through Traffic and Parking Intrusion Monitoring Fee is to monitor and address traffic and parking intrusion, in neighborhoods adjacent to the project site, due to the practices of employees who will work at the project site. Public facilities to be funded with the fees were described in:
a. Apple Campus 2: Ordinance 13-2114: Resolution Approving Apple Campus 2 Development Agreement – Section 3.13 and TM 2011-03: Condition of Approval No. 47 dated 10/15/2013 for Tentative Map Application ($850,000 collected)
2. A reasonable relationship exists between the Funding of Neighborhood Cut-through Traffic and Parking Intrusion Monitoring fee and the purpose for which the fee was charged in that the traffic from the development, for which the fee is to be used to monitor, has not yet materialized because the development has not been fully constructed or occupied. The City will begin monitoring activities in the fall of 2017. The $850,000 fee was based on an estimate of the cost to perform the monitoring and make minor modifications to address traffic and parking intrusion concerns.
The need for traffic and parking intrusion monitoring, as it was identified during the review of the project, remains. The traffic, for which the fees are to be used to monitor, has not yet materialized.
3. The sources and amounts of funding anticipated to complete monitoring and improvements were collected with the project ($850,000).
4. The approximate dates on which the funding for the monitoring is expected to be deposited into the appropriate account are identified below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2025
%
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated to
Complete the
Project
Estimated
Date for
Funding to
be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Funding of
Neighborhood
Cut-through
Traffic and
Parking
Intrusion
Monitoring
$869,223 $949,372 100% No additional
funds needed
at this time.
Fall 2017 Summer 2017 Winter 2026
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Annual Report
Amount of Fee: Estimated Full Cost of the Study and potential improvements.
FY2024-25
Trust Fund
Activity
Fiscal
Year
Purpose of
Expenditure
Inception
To Date
Loans/Transfers
Balance at
7/1/2024
$908,034 Amount $ -
Fees Collected 0 $850,000 Repayment Date
(est.)
na
Interest $41,338 $140,850
Expended 0 IDAX &
Stantec
Consulting
Contracts
($41,478)
Refunded 0 0
Balance at
6/30/2025
$949,372 $949,372
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Dept.: Public Works and Information & Technology
Project: Implement a Traffic-Adaptive Traffic Signal System along De Anza Blvd
Local Authority:
TM-2011-03: MitigationTRANS-13c
Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit.
1. The purpose of the Traffic-Adaptive Traffic Signal System along De Anza Blvd fee is to implement traffic-adaptive technology to the traffic signals along DeAnza Blvd within the jurisdiction of the City of Cupertino. Public facilities to be funded with the fees were described in:
a. Apple Campus 2: Ordinance 13-2114: Resolution Approving Apple Campus 2 Development Agreement – Section 3.13 and TM-2011-03: Mitigation TRANS-13c, dated 10/15/2013 for Tentative Map application ($50,000 collected)
2. A reasonable relationship exists between the traffic-adaptive traffic signal system along De Anza Blvd fee and the purpose for which the fee was charged in that new development will introduce additional traffic to DeAnza Boulevard, and more efficient traffic signal timing will be needed to address the additional traffic. The fee was based on a fair-share contribution of the estimated total cost to install the traffic-adaptive technology. The need for traffic-adaptive technology, as it was identified during the review of the project, remains.
3. The sources and amounts of funding anticipated to complete the traffic-adaptive technology upgrades will be provided through fair-share contributions from other developers that impact the corridor.
4. The approximate dates on which the funding for the traffic adaptive technology is expected to be deposited into the appropriate account are identified below.
5. The funds are intended to be allocated to the De Anza Blvd Traffic Adaptive Signalization special project with expenditures expected to be registered during FY25-26.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2025
%
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Estimated
Date for
Funding to
be Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
De Anza Blvd
Traffic
Adaptive
Signalization
$225,000 $58,591 20% Developer
Contribution
and General
Fund
Fees have
been
collected.
Winter
2025
Summer 2026
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Annual Report
Amount of Fee: Based on Fair-Share Contribution assessed by engineer’s cost estimate
FY2024-25
Trust Fund
Activity
Fiscal
Year
Purpose of
Expenditure
Inception
To Date
Loans/Transfers
Balance at
7/1/2024
$56,040 Amount $ -
Fees Collected 0 $ 50,000 Repayment Date
(est.)
na
Interest $2,551 $8,591
Expended 0 0
Refunded 0 0
Balance at
6/30/2025
$58,591 $58,591
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Page | 28
Dept.: Public Works
Project: Contribution towards Stevens Creek Blvd. Bicycle Lane Improvements
Local Authority:
ASA-2018-01: Condition of Approval No. 43
Five Year Reporting & Findings Requirement:
1. The purpose of the Stevens Creek Blvd. Bicycle Lane Improvement fee is to partially fund upgrades to the bicycle lanes on Stevens Creek Blvd in order to improve and enhance the safety of the bicycle lanes. Public facilities to be funded with the fees were described in:
a. Target Improvements: ASA-2018-01: Condition of Approval No. 22 dated August 14, 2018 for Architectural Site Approval ($75,000 collected)
2. A reasonable relationship exists between the Stevens Creek Blvd. Bicycle Lane Improvements fee and the purpose for which the fee was charged, in that the new development abuts Stevens Creek Blvd., and will introduce additional traffic to the area. The need for the improvements to the bicycle lanes, which were identified during the review of the project, remains.
3. The sources and amounts of funding anticipated to complete financing of the improvements are identified below:
• Developer Fair-Share Contributions from other projects along Stevens Creek Blvd. • It is anticipated that the City of Cupertino General Fund will be used to supplement revenue from fees.
4. The approximate dates on which the funding for the improvements is expected to be deposited into the appropriate account are identified below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2025
%
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Estimated
Date for
Funding
to be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Stevens Creek
Bicycle Lane
Improvements
(Wolfe Rd to
Hwy 85)
$2,800,000 $85,008 3% Developer
Contributions
and General
Fund
Winter
2021
Spring
2021
Summer 2027
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Page | 29
Annual Report
Amount of Fee: Contribution from developments, based on estimated costs to construct facilities along property frontages.
FY2024-25
Trust Fund
Activity
Fiscal
Year
Purpose of
Expenditure
Inception
To Date
Loans/Transfers
Balance at
7/1/2024
$81,307 Amount $ -
Fees Collected 0 $ 75,000 Repayment Date
(est.)
na
Interest $3,701 $10,008
Expended 0 0
Refunded 0 0
Balance at
6/30/2025
$85,008 $85,008
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Dept.: Public Works
Project: Hwy 85/Stevens Creek Blvd Caltrans Intersection Improvements
Local Authority:
DP-2018-05: Public Works Condition of Approval No. 1
Five Year Reporting & Findings Requirement:
1. The purpose of the Hwy 85/Stevens Creek Blvd Caltrans Intersection Improvements fee is to fully fund upgrades to vehicle lanes on Stevens Creek Blvd westbound at the Hwy 85 intersection in order to improve and enhance safety. This work is located within Caltrans jurisdiction. Public facilities to be funded with the fees were described in:
a. Westport Improvements: DP-2018-05, Public Works Condition of Approval No. 1 dated August 18, 2020 for Development Permit Approval ($600,000 collected)
2. A reasonable relationship exists between the Hwy 85/Stevens Creek Blvd Caltrans Intersection Improvements fee and the purpose for which the fee was charged, in that the new development abuts Stevens Creek Blvd, and introduces additional traffic to the area. The need for the improvements, which were identified during the review of the project, remains. The development project was originally conditioned to construct these improvements. However, the City accepted a developer contribution in-lieu of construction.
3. The sources and amounts of funding anticipated to complete financing of the improvements are identified below:
• Developer Fair-Share Contributions from other projects along Stevens Creek Blvd.
4. The approximate dates on which the funding for the improvements is expected to be deposited into the appropriate account are identified below.
Five-Year Report
Incomplete Project that Was Identified When Imposing the Fee:
Project
Description
Total
Estimated
Cost
Fund
Balance
6/30/2025
%
Expected
to be
Funded
by Fees
Sources and
Amounts of
Funding
Anticipated
to Complete
the Project
Estimated
Date for
Funding to
be
Deposited
in Fund
Estimated
Beginning
Date
Estimated
Completion
Date
Hwy
85/Stevens
Creek Blvd
Caltrans
Intersection
Improvements
$600,000 $607,633 100% Developer
Contributions
Fees have
been
collected.
Development
Project
completed
March 2025.
Spring 2026 Summer 2029
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Annual Report
Amount of Fee: Contribution from development, based on estimated costs to construct facilities.
FY2024-25
Trust Fund
Activity
Fiscal
Year
Purpose of
Expenditure
Inception
To Date
Loans/Transfers
Balance at
7/1/2024
$600,000 Amount $ -
Fees Collected 0 $ 600,000 Repayment Date
(est.)
na
Interest $7,633 $7,633
Expended 0 0
Refunded 0 0
Balance at
6/30/2025
$607,633 $607,633
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Attachment B
RESOLUTION NO. 25-____
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING THE ANNUAL & FIVE-YEAR MITIGATION FEE REPORT
FOR FISCAL YEAR ENDING JUNE 30, 2025 AND MAKING REQUIRED
FINDINGS
WHEREAS, the Mitigation Fee Act (Government Code Section 66000 et seq.) requires that an annual report regarding mitigation fees be submitted to the City Council at a regularly scheduled public meeting pursuant to Section 66006; and
WHEREAS, Government Code Section 66001(d) further provides that the City must, on a five-year basis, make certain findings with respect to unexpended mitigation fees; and
W
HEREAS, the City of Cupertino - AB 1600
-
Mitigation Fee Act Annual &
Five-Year Report for the fiscal year that end ing June 30, 2025 (the “Annual and Five-Year Report”), comprises the annual report required under Government Code Section 66006(b) and five -year report required under Government Code Section 66001(d) of the Mitigation Fee Act. Said report is included as Attachment A and incorporated into this Resolution by this reference.
NO
W, THEREFORE, BE IT RESOLVED that the City Council does hereby:
1. Acknowledges the foregoing recitals are true and correct and incorporated into this resolution by this reference.
2. Approves the Annual and Five -Year Report for FY ending June 30, 2025 in accordance with the Mitigation Fee Act and incorporates by reference said Report (Attachment A).
3. Adopts the findings required by Government Code 66001(d) as stated in the Five-Year Reporting and Findings Requirement section of the Annual and Five-Year Report (Attachment A), which demonstrate that, for each account or fund:
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Resolution No. 25-____
a. The purpose of each fund is described in the Annual and Five -Year Report.
b. A reasonable relationship exists between the fee charged to development projects and the purpose for which it is charged, based on the substantial evidence contained in the Annual and Five -Year Report.
c. For each fund, the Annual and Five-Year Report identifies all sources and amounts of funding anticipated to complete the financing of incomplete improvements.
d. For each fund, the Annual and Five -Year Report designates the approximate date on which the funding needed is expected to be deposited into the fund.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4
th day of November, 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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CITY OF CUPERTINO
Agenda Item
25-14239 Agenda Date: 11/4/2025
Agenda #: 10.
Subject: Award a contract to Professional Turf Management for maintenance services at Blackberry Farm Golf Course for a total not-to-exceed amount of $750,000 and approve a budget modification in the amount of $125,000.
1. Award a three-year contract to Professional Turf Management to provide maintenance services at Blackberry Farm Golf Course in the amount not to exceed $250,000 per year, totaling $750,000;
2. Authorize the City Manager to execute the contract with Professional Turf Management when all conditions have been met;
3. Authorize the City Manager to extend the contract for up to two additional years, at an annual amount not to exceed $250,000, for a five-year total not-to-exceed $1,250,000, provided pricing and services remain acceptable; and
4. Adopt Resolution No. 25-091, approving budget modification #2526-415, increasing appropriations by $125,000 in the Blackberry Farm Golf Course Fund funded from the Enterprise Fund.
CITY OF CUPERTINO Printed on 10/29/2025Page 1 of 1
powered by Legistar™
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PARKS AND RECREATION DEPARTMENT
QUINLAN COMMUNITY CENTER
10185 NORTH STELLING ROAD • CUPERTINO, CA 95014-5732
TELEPHONE: (408) 777-3120 • FAX: (408) 777-1305
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
Date: November 4, 2025
Subject
Award a contract to Professional Turf Management for maintenance services at Blackberry Farm Golf Course for a total not-to-exceed amount of $750,000 and approve a budget modification in the amount of $125,000.
Recommended Action
1. Award a three-year contract to Professional Turf Management to provide maintenance services at Blackberry Farm Golf Course in the amount not to exceed $250,000 per year, totaling $750,000;
2. Authorize the City Manager to execute the contract with Professional Turf Management when all conditions have been met;
3. Authorize the City Manager to extend the contract for up to two additional years, at an annual amount not to exceed $250,000, for a five-year total not-to-exceed $1,250,000, provided pricing and services remain acceptable; and
4. Adopt Resolution No. 25 -XXX, approving budget modification # 2526-415, increasing appropriations by $125,000 in the Blackberry Farm Golf Course Fund funded from the Enterprise Fund.
Background
The Blackberry Farm Golf Course was constructed in 1962 and privately owned until the City purchased the property in 1991. The course site is approximately 16-acres and lies within the Stevens Creek Corridor. The site includes a pro shop, staff office, restroom facilities, and restaurant facility that is leased by the Blue Pheasant. The site is a 9-hole golf course, with a back tee yardage of 1,544 yards and a par of 29 (seven par 3’s and two par 4’s). Approximately 28,000 rounds of golf are played at the course per year. Until 2002, City employees maintained the course. However, due to challenges in maintaining an aging course, the City decided to seek an outside maintenance contractor at that time.
The City Council awarded a three-year contract to the current maintenance contractor in October 2022 with a contract expiration date of December 31, 2025.
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Request for Proposal
On September 4, 2025, the City issued a Request for Proposal (RFP) seeking a qualified contractor to provide maintenance services at Blackberry Farm Golf Course. The RFP sought proposals for a three-year contract commencing on January 1, 2026. The RFP included the option to extend the term for up to two additional one-year periods, not exceeding a total of five years.
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 Euna OpenBids, a publicly available procurement site for government contracts with thousands of registered vendors.
On October 3, 2025, the City received two proposals from Professional Turf Management and GolfLinks Consulting.
Reasons for Recommendation and Available Options
Staff evaluated both proposals based on the submitted firm qualification and experience, project team qualifications and experience, work plan and approach, and the cost proposal. After the evaluation, the staff determined that the proposal from Professional Turf Management was superior as explained below. As is typical with an RFP, the compensation/proposal amount was not the determining factor.
Professional Turf Management’s proposal demonstrated a thorough understanding of the City’s maintenance needs and presented a clear, well-organized plan outlining the scope of services, operational procedures, and staff responsibilities. With more than two decades of experience in golf course maintenance, Professional Turf Management possesses the expertise necessary to deliver safe, high-quality, and reliable results.
The company currently provides all exterior maintenance services for Canyon Lakes Golf Course, a public 18-hole facility in San Ramon, and has done so successfully for the past ten years. Additionally, Professional Turf Management has served as the City’s contractor at Blackberry Farm Golf Course for the past 20 years, consistently maintaining the course to a high standard. Their team has demonstrated exceptional knowledge, resourcefulness, and proactive management—particularly in addressing challenges related to the course’s aging irrigation system. With a team of professionals offering over 60 years of combined experience, Professional Turf Management has established a strong working relationship with both City staff and the golfing community. The company has consistently proven its responsiveness to City requests, adherence to City standards, and commitment to maintaining the course in excellent condition.
The following is a cost summary for three years of maintenance services at Blackberry Farm Golf Course.
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Proposer 3 Year Bid Amount Annual Estimate
Professional Turf Management $742,557 $247,519
The current cost to maintain the golf course with Professional Turf Management is approximately $224,325 per year. In this current bid, Professional Turf Management proposed a cost of $742,557 for a three-year contract, which corresponds to $247,519 per year or about 9% higher than the previous contract. Staff believes the associated higher costs can be justified due to an increase in material and labor cost to perform the maintenance and replacement of the aging golf course infrastructure.
Based on the findings outlined above, staff recommends awarding a three-year contract to Professional Turf Management for a total not-to-exceed amount of $750,000, and, further, authorizing the City Manager the option to execute annual extensions to the contract for two additional years for a total of five years.
Sustainability Impact
No sustainability impact.
Fiscal Impact
The current contract is with Public Works (GL 560-84-268) which expires in December 2025. The new contract will be moved to the Blackberry Farm Golf Course budget (GL 560-63-616) which currently has no funds allocated for this contract. City staff is requesting additional appropriations of $125,000 to the Fiscal Year 2025-2026 budget to ensure adequate funding for the contract.
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, Interim City Attorney
Approved for Submission by: Tina Kapoor, Interim City Manager Attachments:
A – Draft Resolution
B – Draft Agreement
C – Request for Proposal
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RESOLUTION NO. 2025-XXX
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AMENDING THE OPERATING BUDGET FOR FISCAL YEAR 2025-26 BY
APPROPRIATING MONIES FOR SPECIFIED FUNDS
WHEREAS, the orderly administration of municipal government depends on a sound fiscal policy of maintaining a proper ratio of expenditures within anticipated revenues and available monies; and
WHEREAS, accomplishing City Council directives, projects, and programs and performing staff duties and responsibilities likewise depends on the monies available for that purpose; and
WHEREAS, the City Manager has determined that the balance of the funds specified in this resolution is adequate to cover the proposed transfer appropriations and therefore recommends the fund reallocation described herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the recommended fund transfer and ratified the attached amended appropriations set forth in Exhibit A.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4
th day of November 2025, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Liang Chao, Mayor
City of Cupertino
________________________
Date
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Resolution No. __________________
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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Resolution No. __________________
Exhibit A
Appropriation Amendment
by Fund
Appropriation
Amendment
Revenue
Amendment
Fund Balance
(Use of)
General Fund - - -
Special Revenue Funds - - -
Capital Project Funds - - -
Enterprise Funds 125,000 - (125,000)
Internal Service Funds - - -
Total Appropriation
Amendment All Funds $ 125,000 $- $ ( 125,000)
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Blackberry Farm Golf Course Maintenance
Master Professional/Specialized Services Agreement/ Rev. April 2024
MASTER PROFESSIONAL/SPECIALIZED SERVICES
AGREEMENT WITH PROFESSIONAL TURF MANAGEMENT INC.
1. PARTIES
This Master Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and Professional Turf Management Inc. (“Contractor”) a California Corporation, for Blackberry Farm Golf Course Maintenance, and is effective on January 1, 2026. (“Effective Date”).
2. SERVICES
2.1 Scope of Services. Contractor agrees to provide the Services set forth in the Scope of Services, attached and incorporated here as Exhibit A, on an as-needed basis. The Services must comply with this Agreement and with each Service Order issued by the City’s Project Manager or his/her designee, in accordance with the following procedures, unless otherwise specified in Exhibit A. Contractor further agrees to carry out work in compliance with any applicable local, State, or Federal order regarding COVID-19.
2.2 Service Orders. Before issuing a Service Order, the City Project Manager will request Services in writing and hold a meeting with Contractor to discuss the Service Order. Contractor will submit a written proposal that includes a specific Scope of Services, Schedule of Performance, and Compensation, which the Parties will discuss. Thereafter, City will execute a Service Order Form for the Services, attached and incorporated here as Exhibit B. The Service Order will specify the Scope of Services, Schedule of Performance, Compensation, and any other conditions applicable to the Service Order. Issuance of a Purchase Order is discretionary. The City Project Manager is authorized to streamline these procedures based on the City’s best interests. Contractor will not be compensated for Services performed without a duly authorized and executed Service Order.
2.3 Contractor’s duties and services under this agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project.
Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.
3. TIME OF PERFORMANCE
3.1 Term. This Agreement begins on the Effective Date and ends on 12/31/2028. (“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate department head or City Manager may extend the Contract Time for two additional years 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. 76 CC 11-04-2025
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The City shall retain the option to extend the term for up to two (2) additional one-year periods not exceeding a total of five (5) years.
3.2 Schedule of Performance. Contractor must deliver the Services within the time specified in each Service Order, and under no circumstances should the Services go beyond the Contract Time.
3.3 Time is of the essence for the performance of all the Services required in this Agreement and in each Service Order. Contractor must have sufficient time, resources and qualified staff to deliver the Services on time. Contractor must respond promptly to each Service Order request.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed $750,000 (“Contract Price”), based upon the Scope of Services in Exhibit A and the budget and rates included. For extensions, the City will pay the Contractor an annual amount not to exceed $250,000. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount.
4.2 Per Service Order. Compensation for Services provided under a Service Order will be based on the rates set forth in the Service Order, which shall not exceed the capped amount specified in the Service Order.
4.3 Invoices and Payments. Except as otherwise provided in a Purchase Order, monthly invoices must state a description of the deliverables completed and the amount due for the preceding month. Thirty (30) days prior to expiration of the Agreement, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Noncompliance with this requirement relieves City of any further payment or other obligations under the Agreement.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City.
5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code.
5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor.
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5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials, and equipment required to perform the Services under this Agreement.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above.
6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data.
7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City.
7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval.
7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.
7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may 78 CC 11-04-2025
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use or modify the Work Product of Contractor or its sub-Contractors, prepared or created under this Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired; (b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or (d) Other City projects.
7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original.
8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment.
Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided.
9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity will be considered an assignment of the Agreement and subject to City approval. Control means fifty percent (50%) or more of the voting power of the business entity.
10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles.
No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and Contractors (“Indemnitees”), through legal counsel acceptable to City, from 79 CC 11-04-2025
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and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings), of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following:
(a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary information; (e) Claim of infringement or violation of a U.S patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement.
11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee.
11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order or other transaction.
11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
11.6 This Section 11 shall survive termination of the Agreement.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit C, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for 80 CC 11-04-2025
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Master Professional/Specialized Services Agreement/ Rev. April 2024
verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act.
13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws.
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS,) or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5.
Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated.
Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.
13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement.
14. PROJECT COORDINATION
City Project Manager. The City assigns Molly James as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns Don Naumann as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with City instructions, service orders and the Schedule of Performance. Contractor must regularly update the City’s project manager about the status, progress and any delays with the work. City’s written approval is required prior to Contractor substituting a new Representative which shall result in no additional costs to City.
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Blackberry Farm Golf Course Maintenance
Master Professional/Specialized Services Agreement/ Rev. April 2024
15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts thereof at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services.
16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product.
17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California.
Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact.
18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs.
19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach.
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.
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Blackberry Farm Golf Course Maintenance
Master Professional/Specialized Services Agreement/ Rev. April 2024
22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate.
23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement.
24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent.
25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law and Attorney Fees, shall survive the Agreement and remain in full force and effect.
26. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission:
To City of Cupertino
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
Attention: Molly James
Email: [email protected]
To Contractor:
Professional Turf Management Inc.
PO Box 700142, San Jose, CA 95170
Attention: Don Naumann
Email: [email protected]
27. EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which 83 CC 11-04-2025
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Blackberry Farm Golf Course Maintenance
Master Professional/Specialized Services Agreement/ Rev. April 2024
is deemed an original and all of which, taken together, constitute a single binding instrument.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date
PROFESSIONAL TURF MANAGEMENT INC.
By
Name
Title
Date
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 Services, Schedule of Performance and Compensation The following services are to be performed after 5:30 a.m. and before 6:00 p.m. Power equipment of any type (except for electric golf carts) are not allowed before 7:00 a.m. City owned golf carts are not available for Contractor use.
1. PUTTING GREENS
1.1 Scope
Greens shall be maintained disease and weed free. Complete renovation of any green is not included in this maintenance project.
1.2 Mowing Frequency
Gr
eens to be mowed six times per week, year‐round. Contractor shall recycle grass trimmings in the Green waste dumpster on‐
site.
1 .3 Height of Cut
The grass on the putting greens is to be 0.135 of an inch.
1.4 Changing Cups
Contractor shall change the cup location on each green daily, year‐round. Placement is to be at least eight feet from the edge of the green, on a level surface. When requested, use the 1/3 rule – 1/3 of the pins back, 1/3 pins middle, 1/3 pins up.
1.5 Fertilization
Contractor to collect soil samples six times per year to determine recommended nutrients, rates of application and frequency of application, with the goal of a sustainable fertility program. Use organic fertilizers, for example, Earthworks or approved equivalent. The City shall determine which of the greens are to be tested. Contractor to use Logan Laboratories or City approved equal for soil testing and recommendations. All fertilizer shall be applied in accordance with all applicable laws, codes, specifications and policies, and at a minimum rate that is consistent with healthy turf.
1.6 Aerification/Top Dressing/Verti‐Cutting
Contractor is to perform DryJect aerification or equal two times per year in March/April and September/October, and overseed with Pencross bentgrass in September. Perform a Dryject Maximus aerification or equal in July. Verti‐cut greens monthly during the growing season.
To
p‐
dress with TD320 from TMT enterprises or City approved equal.
1 .7 Pesticide Application
All pesticide application shall be completed by a qualified person in accordance with all applicable laws, codes, specifications, and policies. Greens to be maintained disease and weed free. Apply all chemicals sparingly. Applications shall be as per EPA regulations. Contractor must possess material safety data sheets (MSDS) for all materials. All posting and re‐entry requirements must be followed.
Contractor to submit a written report of all pesticide applications every two months. Contractor to be present at the annual pesticide use meeting conducted by the City. A recommendation by a licensed Pest Control Advisor (PCA) that is familiar with the Blackberry Farm Golf Course and with its setting and protected natural resources is required for applications, and a licensed staffer with a current 85 CC 11-04-2025
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Qualified Applicator License (QAL) or is a Qualified Applicator Certificate holder (QAC) shall be on site and provide oversight during applications is required. All work shall adhere to all laws, regulations, and applicable guidelines for all pesticide applications. Contractor may be required to obtain a Restricted Materials Use Permit and Notice of Intent from the County of Santa Clara Division of Agriculture prior to any applications.
1.8 Protection of Creek
No runoff from fertilizer, pesticide, or chemical applications shall flow into creeks or ponds nor to drainage inlets that discharge to creeks or ponds.
1.9 Interseeding
Contractor shall interseed greens with City approved mix of creeping bentgrass two times per year, in the spring and fall at a rate of 2 lbs. per 1,000 square feet unless otherwise directed.
1.10 Litter Control
Contractor shall assess the area on a regular basis for the removal of all litter (i.e. paper, leaves, cans, bottles, tree branches, etc.).
2. COLLAR MAINTENANCE
2.1 Mowing Frequency
Collars to be mowed two times per week in the spring, summer, and fall. Collars to be mowed one time per week in the winter.
2.2 Height of Cut
The grass on the collars is to be ½ inch year‐round.
2.3 Fertilization
Fertilization of the collars to be applied in the same manner as the greens.
2.4 Weed Control
Weed control of the collars to be applied in the same manner as the greens.
3. TEE MAINTENANCE
3.1 Mowing Frequency
Tees to be mowed three times per week in the spring, summer, and fall. Tees to be mowed two times per week in the winter.
3.2 Height of Cut
The grass on the tees is to be ½ inch year‐round.
3.3 Fertilization
Contractor to collect soil samples six times per year to determine the recommended complete fertilizer to use. Contractor to use Logan Laboratories or City approved equal for soil testing and recommendations. Fertilizer to be applied four times per year in March, May, late August and October. The application rate shall be at the manufacturer’s recommended rate. All fertilizer shall be 86 CC 11-04-2025
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applied in accordance with all applicable laws, codes, specifications, policies, and at minimum rates consistent with healthy turf. Special care shall be taken to prevent fertilizer or fertilizer‐containing runoff from getting into creek areas.
3.4 Aerification
Contractor to aerate four times per year in May and October and as needed.
3.5 Overseeding
Contractor to overseed four times per year with perennial rye grass, at eight pounds per 1,000 square feet unless otherwise directed. Contractor to use seeder/slicer (verti‐cutting) unit for distribution.
3.6 Tee Markers
Contractor shall move and rotate daily. Keep 10 feet apart and eight feet from back of tee box (except where markers do not allow).
3.7 Permanent Yardage Markers
Contractor to keep markers visible at all times.
3.8 Weed Control
Contractor to apply broadleaf weed control two times per year, in the spring and fall.
Broadleaf weed control shall at a minimum control English daisy, clover, spurge, and chickweed.
Contractor to apply one crabgrass control in spring. The appearance of other broad leaf weeds will require the use of appropriate control measures. All weed controls shall be applied in accordance with all applicable laws, codes, specifications, and policies.
3.9 Protection of Creek
No runoff from fertilizer, pesticide, or chemical applications shall flow into creek areas, nor to drain inlets that discharge to creek areas.
3.10 Seed and Topsoil Tees
Contractor to place seeds and sand/organic compost mix on tees daily to repair divots.
3.11 Litter Control
Contractor shall assess the area on a regular basis for the removal of all litter (i.e. paper, leaves, cans, bottles, tree branches, etc.).
4. FAIRWAY MAINTENANCE
4.1 Mowing Frequency
Two to three times per week in growing season and one to two times per week in winter.
4.2 Height of Cut
Fairway grass shall be kept at ¾ inch year‐round.
4.3 Fertilization
Contractor to collect soil samples six times per year to determine the recommended complete fertilizer use. Contractor to use Logan Laboratories or City approved equal for soil testing and 87 CC 11-04-2025
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recommendations. Fertilizer to be applied four times per year in March, May, late August, and October. The application rate shall be at the manufacturer’s recommended rate. All fertilizer shall be applied in accordance with all applicable laws, codes, specifications, policies, and at minimum rates consistent with healthy turf. Special care shall be taken to prevent fertilizer or fertilizer‐containing runoff from getting into creek areas.
4.4 Aerification/Verti‐Cutting
Contractor to aerate, verti‐cut one time per year in April or May.
4.5 Overseeding
Contractor to overseed one time per year with perennial rye grass, at eight pounds per 1,000 square feet unless otherwise directed. Contractor to use seeder/slicer (verti‐cutting) unit for distribution.
Perform spot overseeding as needed with perennial rye grass.
4.6 Weed Control
Contractor to apply broadleaf weed control two times per year, in the spring and fall. Broadleaf weed control is for, but not limited to, English daisy, clover, spurge, and chickweed. Contractor to apply one crabgrass control in spring. All weed controls shall be applied in accordance with all applicable laws, codes, specifications, and policies.
4.7 Protection of Creek
No runoff from fertilizer, pesticide, or chemical applications shall flow into creek areas, nor to drain inlets that discharge to creek areas.
4.8 Litter Control
Contractor shall assess the area on a regular basis for the removal of all litter (i.e. paper, leaves, cans, bottles, tree branches, etc.).
5. ROUGH MAINTENANCE
5.1 Mowing Frequency
Rough to be mowed two times per week, year‐round.
5.2 Height of Cut
Rough to be kept at a height of 1 to 1 ½ inches, year‐round.
5.3 Fertilization
Contractor to collect soil samples six times per year to determine the recommended complete fertilizer use. Contractor to use Logan Laboratories or City approved equal for soil testing and recommendations. Fertilizer to be applied four times per year in March, May, late August, and October. The application rate shall be at the manufacturer’s recommended rate. All fertilizer shall be applied in accordance with all applicable laws, codes, specifications, policies, and at minimum rates consistent with healthy turf. Special care shall be taken to prevent fertilizer or fertilizer‐containing runoff from getting into creek areas.
5.4 Aerification/Verti‐cutting
Contractor to aerate, verti‐cut one time per year in April or May. 88 CC 11-04-2025
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5.5 Weed Control
Contractor to apply broadleaf weed control two times per year, in the spring and fall. Broadleaf weed control is for, but not limited to, English daisy, clover, spurge, and chickweed. Contractor to apply one crabgrass control in spring. All weed controls shall be applied in accordance with all applicable laws, codes, specifications, and policies.
5.6 Protection of Creek
No runoff from fertilizer, pesticide, or chemical applications shall flow into creek areas, nor to drain inlets that discharge to creek areas.
5.7 Litter Control
Contractor shall assess the area on a regular basis for the removal of all litter (i.e. paper, leaves, cans, bottles, tree branches, etc.).
6. EQUIPMENT AND STORAGE
6.1 Green Equipment
Th
e City encourages the contractor to use environmentally‐f riendly, or green, equipment and
supplies for this contract. Any portable motorized landscape equipment used for maintenance is required to have a noise level reading of 65dBA or less measured at a distance of 50 feet, as certified by the manufacturer, per municipal code 10.48.010.
6 .2 Equipment Maintenance
A
ll mowing equipment shall be on a regular preventative maintenance schedule for hydraulic and oil lines to minimize damage to turf and protect the creek and wildlife habitat from leaks. Hydraulic hoses shall be changed off‐
site every six months.
6 .3 Greens
Mowing equipment shall be nine or more bladed and a reel‐type mower with a frequency of cut at a minimum of .25 at 3.6 mph.
6.4 Tees
Mowing equipment shall be seven or more bladed and a reel‐type mower with a frequency of cut at a minimum of .53 at 4.2 mph.
6.5 Fairways
Mowing equipment shall be six or more bladed and a reel‐type mower with a frequency of cut at a minimum of .67 at 5 mph.
7. PARKING LOT AT GOLF COURSE ENTRANCE
7.1 Sweeping
Contractor shall sweep every two weeks. Manually using a blower is acceptable during the hours of 7:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 6:00 p.m. on weekends, per municipal code
10.48.051.
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7.2 Loose Trash and Garbage Cans
Contractor shall pick up trash and check area daily. Contractor shall remove and dispose all trash from the parking lot.
7.3 Broken Glass/Bottles
Contractor shall pick up and dispose of broken glass or similar potentially harmful materials immediately.
8. MAINTENANCE BUILDING/AREA
8.1 Building
Contractor shall not enter the maintenance building before 5:30 a.m. Contractor shall inspect all equipment for leaks daily. Contractor shall fix leaks and clean up any spills or leaks immediately.
Contractor may use the building to store any equipment or materials necessary for regular course maintenance. Contractor shall not store any equipment or vehicles in the maintenance building, that are not used for regular course maintenance. No barbecues, washing of personal cars, or fires of any kind are allowed. Smoking is not allowed anywhere on the course, patio area, maintenance building or adjacent parking lot, per municipal code 10.90.020.
8.2 Restrooms at Maintenance Building
Public restrooms exist on the golf‐facing side of the golf maintenance building. The public restrooms will be cleaned and maintained by the City or the City’s designee.
8.3 Green Waste Dumpster
Contractor shall contact the City supervisor when the green waste dumpster is full. City is responsible for emptying dumpster. Contractor is responsible for keeping the area around dumpster, free of garbage and debris. Green waste dumpster is to be used for debris collected as a result of golf course maintenance only.
8.4 Blackberry Farm Park Dumpsters
Contractor may dispose of garbage and recycling collected as a result of golf course maintenance only, in the designated dumpsters at Blackberry Farm Park.
9. ENTRY AREA AND PRO SHOP GROUNDS
9.1 Flower Beds
Contractor shall replant the two planter boxes located near the pro shop, a minimum of two times per year. Contractor shall weed, mulch, water, and replenish as needed, year‐round. The planter box located on the number one tee measures approximately 4.5 feet by 35.5 feet (160 sq. ft.). The planter box located near the entrance gate, measures approximately 8 feet by 34 feet (272 sq. ft.).
9.2 Landscape Shrubbery
Contractor shall trim monthly and as needed.
9.3 Patio and Walkways
Contractor shall sweep daily. Manually using a blower is acceptable during the hours of 7:00 90 CC 11-04-2025
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a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 6:00 p.m. on weekends, per municipal code 10.48.051.
9.4 Trash and Recycling Containers
Contractor shall pick up trash and empty trash cans located on the patio, daily. Contractor shall empty the cardboard recycling containers located next to the pro shop at least one time per week.
9.5 Foot Brushes and Air Hose
Contractor shall clean and check weekly and replace when worn.
9.6 Leaks from Contractor‐ owned Golf Carts
Co
ntractor shall clean immediately.
10. IRRIGATION
10.1 Maintenance
Contractor shall maintain the irrigation system, including irrigation main and lateral lines, sprinkler heads, valves, and controllers in good operation, functioning properly, and conforming to related laws, codes, and regulations. Leaks in the irrigation system shall be repaired by the Contractor.
Contractor shall provide an itemized cost proposal that includes labor rate and materials for the repair of leak using the Hourly Rate table in Attachment B. Any damage to the irrigation system caused by Contractor’s equipment or carelessness while carrying out maintenance operations shall be repaired without charge.
10.2 Frequency
Contractor shall irrigate as required to maintain adequate moisture for growth rate and appearance.
Contractor is to hand water, as needed, all portions of the course that do not receive adequate water from the irrigation system. Irrigation shall be performed at night or early morning when it does not interfere with golf play. Irrigation controller programs shall be adjusted as required.
10.3 Water Conservation
Irrigation controllers shall be programmed to maintain course appearance and health of vegetation while maximizing water conservation. Contractor may be required to reduce irrigation on the tees, fairways, and rough while providing the necessary water to keep the greens healthy at all times.
Adjustments to the irrigation cycle may also be necessary to meet any drought restrictions imposed by Santa Clara Valley Water District and California State Water Board.
10.4 Monitoring
Contractor shall check the system daily, year‐round. Contractor shall make corrections for coverage, clogging of lines, removal of obstacles, tilting of heads, and management of pant materials that obstruct the spray, as they occur.
10.5 Wind Problems
In areas where wind creates problems of spraying on to private property or road rights of way, operation shall occur during a period of lowest wind velocity.
10.6 Testing for Adequate Soil Moisture
Contractor shall determine by visual observation, plant resiliency, turgidity, examining cores 91 CC 11-04-2025
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removed by soil probe, and moisture sensor devices.
10.7 Water Cost
Water costs shall be paid by the City.
11. OTHER AREAS
11.1 Benches and Tee signs
Contractor shall immediately remove any damaged bench and notify the City. City is responsible for replacing benches and tee signs.
11.2 Ball Washers
Contractor shall check for water and soap and supply these daily. Contractor shall replace tee towels monthly or more often if towel is frayed, discolored, or aesthetically unpleasing. City is responsible for replacing ball washers.
11.3 Trash Cans
Contractor shall empty trash cans located on the course, daily, or more frequently if trash cans are overflowing. City is responsible for the replacement of trash receptacles.
11.4 Debris and Trash
Contractor shall remove immediately and dispose of debris and trash in a safe and legal manner.
11.5 Tee Markers
Contractors shall have two sets on each hole. Missing or broken markers shall be replaced immediately.
11.6 Yard Markers
Contractor shall replace any yard markers as needed.
11.7 Out of Bounds and Hazard Stakes
Contractor shall replace out of bounds or hazard stakes, immediately, if missing or broken.
11.8 Flags, Poles, and Cups
Contractor shall replace flags, poles, and cups including at the nine‐hole foot golf course, when they are discolored, frayed, or damaged in any way.
11.9 Sand Traps
Complete renovation of any sand trap is not included in this maintenance project. Contractor shall rake daily. Contractor shall keep sand at a minimum of four inches in depth and keep clear of all weeds. When using a power rake, Contractor shall stay approximately one foot from edge of trap.
When hand‐raking edge of trap, sand shall be pushed inward on the low side and pulle d outward on the high side. Contractor shall edge traps monthly and as needed. Sand shall not be dragged out of the trap when exiting the trap with a power rake.
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11.10 Sand Trap Rakes
Contractor shall keep two rakes per sand trap, or more, as needed. Missing or broken rakes shall be replaced immediately.
11.11 Trees
Any tree removal or tree replacement is the responsibility of the City. Contractor shall keep all trees trimmed at least eight feet from the ground to prevent damage to golf cart tops and maintenance equipment, except for trees and shrubs along the creek w hich shall only be trimmed as acceptable by City staff. Contractor shall maintain trees in a safe, healthy, and aesthetically pleasing condition at all times. Contractor shall mow, weed, and/or mulch tree wells as needed. Contractor shall immediately remove any broken tree limbs. Downed brush shall be removed as soon as possible. All trimmings or debris shall be removed from the course unless they are chipped and used for mulch on site. City shall be responsible for removal of dead or fallen trees unless the dead or fallen tree was a result of the Contractor’s negligence.
11.12 Weed Control (Non‐Selective)
Contractor shall use mechanical method of trimming or removing undesirable vegetation in tree wells, perimeter and interior fence lines, barriers, railroad ties, delineators, and along edges of golf play areas that are along the creek or associated native planting areas.
11.13 Foot Bridge
Contractor shall inspect the foot bridge daily for safe conditions and repair the structure immediately when necessary.
11.14 Driving Range
Contractor shall cut grass weekly. Contractor to collect soil samples six times per year to determine the recommended complete fertilizer use. Contractor to use Logan Laboratories or City approved equal for soil testing and recommendations. Fertilizer to be applied four times per year in March, May, late August , and October. The application rate shall be at the manufacturer’s recommended rate. All fertilizer shall be applied in accordance with all applicable laws, codes, specifications, policies, and at minimum rates consistent with healthy turf. Special care shall be taken to prevent fertilizer or fertilizer‐containing runoff from getting into creek areas.
11.15 Perimeter Fencing
City is responsible for all repairs and replacement of perimeter fencing and safety netting.
11.16 Vandalism and Graffiti
Contractor is responsible for the removal/repair of graffiti and vandalism to Contractor‐ owned property. City is responsible for the removal/repair of graffiti and vandalism to any City‐owned property.
11.17 Wildlife
In accordance with Cupertino Municipal Code 8.01.160, “no person shall use a leg‐hold steel jawed trap, steel jawed trap, or steel leg‐hold trap, as defined in Fish and Game Code Section 4004, in any urban service area boundary, as defined in Government Code Section 56080.”
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12. BLACKBERRY FARM WEST SIDE RESTROOMS
Contractor shall open the restrooms located on the west side of the park between 6:00 a.m. and 6:30 p.m. on the weekends and holidays except for December 25 and January 1. City shall provide Contractor a list of observed holidays by December 1, each year.
13. RECYCLING OF VEGETATION
13.1 Recycling Required
Contractor shall recycle all vegetative material generated. No clippings may be dispersed in the rough or on the fairways. Clippings may be recycled in out of play areas in amounts and locations approved by the City. Clippings may not be recycled on the creek bank or within 8 feet of the creek edge or in a manner that might result in clippings getting into the creek channel at any time. If buildup of pine needles, leaves and grass clippings become excessive in these areas the Contractor will be required to remove them and place them in the vegetation recycling containers provided by the City.
13.2 Recycling Facilities
The City shall provide vegetation recycling containers which will consist of toters or bins as required by the quantity of material generated from the maintenance operations.
14. WILDLIFE CONSIDERATIONS
Contractor is to note that a number of federally‐ and state‐ protected wildlife species inhabit the Stevens Creek corridor and portions of the golf course. Among the species are steelhead fish, turtles, woodrats, various birds of prey such as hawks, owls and white‐
tailed kites, and various migratory birds and
songbirds. These animals and their habitat are protected by various federal and state regulations. Those regulations affect activities that could affect wildlife directly or indirectly, including actions on the golf c
ourse that could affect the creek and its water quality. Such actions include fertilizer use, pesticide use, irrigation practices, operation of the golf course ponds, vehicle washing, and other procedures.
Contractor shall meet with City staff and representatives annually to review maintenance activities relative to these considerations. Contractor is encouraged meet with City representatives more frequently as needed to ensure compliance. Further considerations are noted below.
15. NESTING BIRDS
Contractor shall be aware of nesting birds on trees within the golf course. If tree trimming or removal is required during the nesting period, the Contractor shall conduct a survey for nesting birds on the entire golf course prior to performing the work.
16. TERRESTRIAL WILDLIFE
Vegetation Trimming and Removal: No vegetation along the creek edge or any trees in any location on the golf course shall be trimmed or removed from February 1 to August 31, unless it has been reviewed for presence of nests and protected wildlife by a biologist or qualified professional or City Staff.
Tree Removal: Certain trees are protected by City ordinance. No tree shall be removed or significantly pruned without advance approval by the City representative. 94 CC 11-04-2025
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Bird Breeding Season: Breeding season for raptors, birds of prey such as hawks and owls, is normally from February 1 to August 31, with highest activity usually from early or mid March onward. Most such birds and their nests and breeding are protected by law. Routine golf course operations may proceed during breeding season. However, during this time contractor shall endeavor to reduce disturbing activities, such as loud noises or vibration, within 250 feet of a raptor nest site and within 400 feet of a white
‐
tailed kite nest site. Songbird nests are generally protected within a 100 foot radius.
R
odenticide Use: Use of any and all rodenticides [to poison squirrels, gophers, mice, rats] or chemicals is banned, unless authorized in advance in writing by the City.
Lighting: Contractor is to minimize use of nighttime lighting, especially in the vicinity of the creek.
Contractor is to operate the golf maintenance facility in a manner that minimizes use of outdoor lighting to the extent feasible. Lights shall only be used when workers are present unless the City provides advance authorization in writing. This stricture applies to outdoor lighting of the maintenance yard.
E
missions: Contractor is to minimize the use of exhaust
‐
and emission‐
producing equipment to the
extent compatible with performance of the work (See 6.1 Green Equipment). Contractor shall favor the use of equipment powered by electrical, batteries or hand rather than diesel, gas or oil, as feasible.
Wildlife Reporting: Contractor shall report any observations of the following to the City representative within 1 working day:
• active raptor nests
• turtles
• w
oodrats [potentially San Francisco dusky
‐
footed woodrat]
• f
rogs [potentially California red‐
legged frog]
• sa
lamanders [potentially California tiger salamander]
• other potentially protected wildlife
17. AQUATIC WILDLIFE
Federally‐ threatened steelhead inhabit the section of Stevens Creek that is adjacent to the golf course, year round. This fish species is highly protected. Their survival depends on clean cool water, free of harmful levels of fertilizers, pesticides, storm water runoff pollutants, and organic waste. The principal methods to achieve this are minimizing total use of these contaminants, restricting the type of inputs, and having an acceptable method of application via an Integrated Pest Management Plan (IPM). The City has adopted such a plan as discussed elsewhere in this document.
C
ontractor is strongly encouraged to operate in conformance with Pilot Salmon Safe Certification Standards for Golf Courses, latest version (May 2018, Version 1.3) available at www.salmonsafe.org and compliance with the City’s NPDES permit.
Due to adverse impacts on fish and aquatic wildlife, use of the following pesticides is not allowed. 95 CC 11-04-2025
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Table from Salmon-Safe Urban Standards Version 3.0, April 2021 If use of any of these pesticides is desired, Contractor must submit written documentation to City to demonstrate a clear need for use of the pesticide, that no safer alternatives exist, and that the method of application (such as timing, location, and amount used) represents a negligible risk to water quality and fish habitat. Contractor must secure authorization in advance from City and any involved regulators including Resource Agencies that use of the pesticide may proceed.
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(“SF List”). They are hereby deleted from the SF List since they are not suitable for use near creeks and include but are not limited to:
• Triclopyr
These pesticides are not to be used on the golf course unless written authorization is secured in advance.
18. WATER QUALITY CONSIDERATIONS: PROTECTION OF CREEK & PONDS Runoff: No runoff from any applications of chemicals, pesticides or fertilizer shall flow into creeks or ponds, including runoff from allowable products. No runoff other than clean rainwater shall flow into the creek. Contractor shall consider weather conditions and watering regimes in order to schedule application of fertilizer, pesticides and chemicals in a manner that prevents runoff to creeks or ponds. Contractor shall operate irrigation system and watering activities in a manner that prevents irrigation runoff as well. Contractor shall monitor and test for runoff of any chemicals, pesticides, or fertilizer to ensure runoff does not occur.
Equipment Washing: All equipment shall be washed within the equipment wash off area in the golf maintenance yard, or in an equivalent offsite facility that filters wash water and is connected to the sanitary sewer system. Screens shall be cleaned of grass clippings and other material after each use.
No washing is permitted elsewhere.
Po
nd Maintenance: Ponds shall be kept free of excessive vegetation. Vegetation removal shall be done with hand or mechanical means. Such removal shall be timed to avoid wildlife breeding seasons in consultation with the City. Timing will ordinarily be September to January, or potentially as late as mid
‐
March if nesting and protected wildlife are not present. Contractor shall avoid vegetation management during the nesting season. Locally native vegetation are acceptable to be planted.
A
pond outlet/overflow pipe within the lower pond provides an emergency discharge to the creek.
This outlet pipe must be capped at all times with a tight, sturdy, secure, 3/32” square mesh or tighter screen that is acceptable to City. If slotted the maximum opening width is 1/16”. Pond water level shall be maintained sufficiently below the outlet pipe elevation such that NO POND WATER ENTERS THE OUTLET nor flows to the creek. Contractor shall check the screen to ensure that it is tight, intact and clear at least monthly and shall maintain the mesh in a clear clean condition.
When ponds are in operation, ponds shall be maintained with adequate water level to maintain habitat for existing fish and wildlife populations, unless the City authorizes otherwise. Ponds shall be operated in a manner that prevents algae growth. Avoid over fertilization that contributes to algae growth.
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Schedule of Performance and Compensation
Item Description Unit Estimated
Quantity
Unit Price Total ($)
1 Provide all services as set forth in
Attachment A, Putting Greens, Tasks
1.1 – 1.10, each month, January 1, 2026,
through December 31, 2028
Month 36 $3,475 $125,100
2 Provide all services as set forth in
Attachment A, Collar Maintenance,
Tasks 2.1 – 2.4, each month, January 1,
2026, through December 31, 2028
Month 36 $1,075 $38,700
3 Provide all services as set forth in
Attachment A, Tee Maintenance,
Tasks 3.1 – 3.11, each month, January
1, 2026, through December 31, 2028
Month 36 $1,610 $57,960
4 Provide all services as set forth in
Attachment A, Fairway Maintenance,
Tasks 4.1 – 4.8, each month, January 1,
2026, through December 31, 2028
Month 36 $3,766 $135,576
5 Provide all services as set forth in
Attachment A, Rough Maintenance,
Tasks 5.1 – 5.7, each month, January 1,
2026, through December 31, 2028
Month 36 $2,112 $76,032
6 Provide all services as set forth in
Attachment A, Equipment and
Equipment Storage, Tasks 6.1 – 6.5,
each month, January 1, 2026, through
December 31, 2028
Month 36 $2,109 $75,924
7 Provide all services as set forth in
Attachment A, Parking Lot at Golf
Course Entrance, Tasks 7.1 – 7.3, each
month, January 1, 2026, through
December 31, 2028
Month 36 $620 $22,320
8 Provide all services as set forth in
Attachment A, Maintenance
Building/Area, Tasks 8.1 – 8.4, each
month, January 1, 2026, through
December 31, 2028
Month 36 $520 $18,720
9 Provide all services as set forth in
Attachment A, Entry Area and Pro
Shop Grounds, Tasks 9.1 – 9.6, each
month, January 1, 2026, through
December 31, 2028
Month 36 $345 $12,420
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10 Provide all services as set forth in
Attachment A, Irrigation, Tasks 10.1 –
10.6, each month, January 1, 2026,
through December 31, 2028
Month 36 $3,250 $117,000
11 Other Areas
11.1 Benches and Tee Signs Each 1 $500 $500
11.2 Ball Washers Month 36 $60 $2,160
11.3 Trash Cans Month 36 $60 $2,160
11.4 Debris and Trash Month 36 $60 $2,160
11.5 Tee Markers Each 1 $655 $655
11.6 Yard Markers Each 1 $425 $425
11.7 Out of Bounds and Hazard Stakes Each 1 $2,160 $2,160
11.8 Flags, Poles, and Cups Each 1 $2,220 $2,220
11.9 Sand Traps Month 36 $512 $18,432
11.10 Sand Trap Rakes Each 1 $325 $325
11.11 Trees Month 36 $245 $8,820
11.12 Weed Control (Non‐Selective) Month 36 $310 $11,160
11.13 Foot Bridge Month 36 $75 $2,700
11.14 Driving Range Month 36 $198 $7128
11.15 Perimeter Fencing Each 1 ‐ ‐
12 Opening of the Blackberry Farm of
restrooms on the west end of the park
on weekends and holidays, except
December 25 and January 1
Hours 60 $30 $1,800
TOTAL COST $742,557
Services – Hourly Rate
Item Description Standard
Services
Hourly
Rate ($)
Emergency
Services
Hourly
Rate ($)
A Labor Rates
Position: Foreman
Position: Maintenance Worker
$75.00
$65.00
$150.00
$130.00
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City of Cupertino Master Agreement Service Order
Exhibit B – Service Order Form
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER NO.
Master Agreement Contract #:
Maximum Compensation:
Consultant:
MA Date:
MA End Date:
Ph:
Project Name:
Description: (simple project description if appropriate)
Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation
City Project Management
Managing Department:_____________ Project Manager:
Fiscal/Budget :
Master Agreement Maximum Compensation:
Total Previously Encumbered to Date:
Encumbrance this Service Order:
Master Agreement Unencumbered Balance:
Approvals Signatures:
Consultant/
Contractor
Manager/
Supervisor:
Date:
Date:
Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature City Finance: Date:
Management Analyst
Firm Name:
Address:
Contact:
SO Acc't #:
Project #:
PO #:
Date:
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Insurance Requirements for Professional/Specialized Services Agreement 1 Version: May 2025
Contractor shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): with coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01, with limits no less than $2,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. The policy shall include a per project or per location general aggregate endorsement as broad as CG 25 03 or CG 24 04. If a per project/location endorsement is not available, the limit of the general aggregate shall be doubled.
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 Contractor's policy shall allow and be endorsed "primary and non- contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as the most recent edition of ISO CG 20 01.
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess liability insurance, provided each policy follows form of the underlying policy and 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. The City’s own insurance or self-insurance shall not be called upon.
2. Automobile Liability: Coverage shall be provided using ISO Form Number CA 00 01 (or equivalent) covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 each accident for bodily injury and property damage.
Not required. Consultant shall be fully remote and not use automobiles to provide the service.
In the event Consultant uses an automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non -owned and hired autos (any auto-Symbol 1), or if Consultant does not own autos (hired autos-Symbol 8 and non-owned autos-Symbol 9). Evidence shall be provided with a Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and endorsement under the policy prior to the use of any automobile.
Consultant has provided written confirmation that it does not own any autos. Consultant shall provide coverage for hired autos -Symbol 8 and non-owned autos -Symbol 9. Primary and Non- Contributory coverage and Waiver of Subrogation coverage is waived under the Automobile Liability hired and non-owned only coverage. In the event Consultant uses an owned automobile or automobiles in the operation of its business to provide services under this Agreement, the
EXHIBIT C
Insurance Requirements
Professional/Specialized Services Agreement
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Insurance Requirements for Professional/Specialized Services Agreement 2 Version: May 2025
Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1).
In lieu of Business Automobile Liability, Consultant shall maintain throughout the term of this Agreement and provide the City with evidence (including the policy Declarations Page) of personal automobile insurance coverage in accordance with the laws of the State of California. As available under the policy, evidence shall be provided with the Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and endorsement. City approval of coverage is required prior to commencement of services.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance of no less than $1,000,000 each accident / disease. Not required. Consultant has provided written verification of no employees.
4. Professional Liability for professional acts, errors and omissions, if applicable and as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If written on a claims-made basis form:
a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services.
OTHER INSURANCE PROVISIONS
The aforementioned insurance policies shall contain, be endorsed and have the following conditions and provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered and endorsed as additional insureds on Contractor’s CGL and automobile liability policies. General Liability coverage shall be in the form of an endorsement to Contractor’s insurance (at least as broad as ISO Form CG 20 10 (11 85) or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms, if a later edition is used.
Primary and Non-Contributory Coverage
Except for Workers’ Compensation, coverage afforded to City/Additional Insureds shall allow and be endorsed primary with coverage at least as broad as the most recent edition of ISO CG 20 01 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, and volunteers shall be excess of Contractor’s insurance and shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. If a carrier will not provide the required notice of cancellation or policy modification, the Contractor shall provide written notice to the City of a cancellation or policy modification no later than 30 days in advance or 10 days in advance if due to non-payment of premiums.
Waiver of Subrogation
Contractor waives any right to subrogation against City/Additional Insureds for recovery of damages to the 102
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Insurance Requirements for Professional/Specialized Services Agreement 3 Version: May 2025
extent said losses are covered by the insurance policies required herein. Specifically, the General Liability, Automobile Liability and Workers’ Compensation policies shall allow and be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and volunteers. 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 (Insert on the Certificate of Insurance, if zero, insert “$0”). At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Contractor 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 A-VII or higher.
Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required amendatory 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 to City prior to commencing the Services. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City retains the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance required herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Higher Insurance Limits
If Contractor 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 Contractor.
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.
Insurance coverage shall not limit Contractor’s duties to indemnify, defend and hold City harmless. City reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
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CITY OF CUPERTINO
REQUEST FOR PROPOSAL
FOR
BLACKBERRY FARM GOLF COURSE
MAINTENANCE
Issue Date:
September 2, 2025
Submittal Due Date:
October 3, 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 • FAX: (408) 777‐3137
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City of Cupertino RFP
RFP for Blackberry Farm Golf Course Maintenance
REQUEST FOR PROPOSAL
CITY OF CUPERTINO
Contents
1. INVITATION ....................................................................................................................................... 1
2. PROJECT SCOPE OF WORK ............................................................................................................. 1
3. SUBCONTRACTORS .......................................................................................................................... 2
4. TENTATIVE TIMELINE ...................................................................................................................... 2
5. OPTIONAL PRE‐P ROPOSAL WALK‐T HROUGH ........................................................................ 2
6. SUBMITTAL REQUIREMENTS ......................................................................................................... 2
7. CLARIFICATIONS AND QUESTIONS ............................................................................................ 4
8. SUBMITTAL PROCESS ...................................................................................................................... 4
9. EVALUATION PROCESS .................................................................................................................. 5
10. COST PROPOSAL ............................................................................................................................................................ 6
11. SELECTION CRITERIA ...................................................................................................................... 6
12. SELECTION PROCESS ...................................................................................................................... 7
13. DISCLAIMERS AND RESERVED RIGHTS ..................................................................................... 7
14. CONTRACT REQUIREMENTS ......................................................................................................... 7
ATTACHMENTS
ATTACHMENT A: Scope of Work and Technical Specifications ATTACHMENT B: Pricing Table
ATTACHMENT C: Professional/Specialized Services Agreement ATTACHMENT D: Insurance Requirements
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City of Cupertino RFP
RFP for Blackberry Farm Golf Course Maintenance
1. INVITATION
The City of Cupertino (City) invites proposal submittals from qualified Contractors to provide specialized maintenance services at the Blackberry Farm Golf Course. The City is seeking to secure a firm that has the required experience, qualifications, expertise, and resources to perform the services identified in this Request for Proposal (RFP).
The Blackberry Farm Golf Course was constructed in 1962 and privately owned until the C
ity purchased the property in 1991. The course site is approximately 16 ‐a
cres and lies
w
ithin the Stevens Creek Corridor. The site includes a pro shop, staff office, restroom f
acilities, and restaurant facility that is leased by the Blue Pheasant. The site is a 9‐h ole
g
olf course, with a back tee yardage of 1,544 yards and a par of 29 (seven par 3’s and two par 4’s). Approximately 28,000 rounds of golf are played at the course per year. Until 2002, City employees maintained the course. However, due to challenges in maintaining an aging course, the City decided to seek an outside maintenance contractor at that time.
T
he City intends to review proposals received and select the highest qualified Contractor to continue maintaining the Blackberry Farm Golf Course and execute a three‐y ear contract
commencing on January 1, 2026. The City shall retain the option to extend the term for up to two (2) additional one
‐ye
ar periods not exceeding a total of five (5) years.
2. PROJECT SCOPE OF WORK
The Contractor shall furnish all labor, tools, equipment, and materials, except as otherwise specified, which are required to perform the maintenance assignments of the Blackberry Farm Golf Course as outlined in the Scope of Work, Attachment A. Work tasks shall include, but are not necessarily limited to those items listed in Attachment A. A maintenance building adjacent to the golf course is available for the storage of equipment and materials necessary for regular course maintenance.
The Contractor shall be prepared to provide maintenance of the Blackberry Farm Golf Course with Contractor‐supplied equipment. All materials and supplies shall be of commercial quality only and no additional charges shall be made by the Contractor for providing and maintaining materials and equipment consistent with providing the services described in Attachment A.
The Contractor shall comply with all regulations and safety precautions listed on the product and equipment labels.
T
he Contractor is required to be registered with the California Department of Industrial Relations (DIR) and have a C‐27 L
andscaping License and the Contractor or its subcontractor must possess either a Qualified Applicator License (QAL) or a Qualified Applicator Certificate (QAC).
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City of Cupertino RFP
RFP for Blackberry Farm Golf Course Maintenance
3. SUBCONTRACTORS
Subcontractors that will support the lead Contractor and may be included as a part of the project team should be identified. The City is committed to securing high quality services that will result in a successful program or project outcome. Subcontractor staff and experience shall be included in the response to this RFP.
4. 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:
RFP EVENT DATE
Request for Proposals Released September 2, 2025
Optional Pre‐Proposal Meeting September 11, 2025 at 10:00 AM PST Deadline for Contractor Questions September 22, 2025 by 5:00 PM PST City Response to Questions Deadline September 25, 2025 by 5:00 PM PST Request for Proposals Due October 3, 2025, by 5:00 PM PST Contract Award December 2025
5. OPTIONAL PRE-PROPOSAL WALK-THROUGH
T
he City will offer an optional pre‐pr
oposal meeting for prospective proposers to learn about the project and ask clarifying questions. This walk‐t hrough will meet at the Blackberry Farm Golf Course Parking Lot, located at 22100 Stevens Creek Blvd., Cupertino, CA 95014. The date and time of the meeting is as follows:
Date: September 11, 2025
Time: 10:00 AM – 11:00 AM PST
6. SUBMITTAL REQUIREMENTS
The Proposal submittal is not to exceed 30 pages, excluding table of contents, cover letter, and resumes for key personnel. The City prefers a quality submission over quantity and succinct, responsive proposals are requested.
Contractor proposal submissions are to provide the following information:
• business type (corporation, partnership, sole proprietorship) • firm’s organization structure,
• background and general qualifications,
• subcontractors, and
• recent experience with golf course maintenance projects in California, particularly in 107
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City of Cupertino RFP
RFP for Blackberry Farm Golf Course Maintenance
the San Francisco Bay Area.
MINIMUM QUALIFICATION
In order for the proposal to be considered responsive, the Contractor must meet the following minimum qualifications. Failure to meet these minimum qualifications may deem the proposal non‐r
esponsive.
1. Contractor must have an active and valid California C‐27 L andscaping License; and
2. Contractor, or its subcontractor, must have either a current Qualified Applicator License (QAL), or a Qualified Applicator Certificate (QAC).
Demonstration of these minimum qualifications shall be attached to the Cover Letter.
The 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 firm’s qualifications, specifically the demonstration of minimum qualifications, and the name, address, and telephone number of the principal person the City shall contact regarding the proposal and DUNS number of the Contractor. Identify the location of the office(s) where the services will be performed.
Additionally, include the signature(s) of the company officer(s) empowered to bind the firm, with the title of each (e.g., president, vice president, general partner), and the acknowledgment of the receipt of any addenda, by number, if issued for this Request for Proposals.
B. Project Team Qualifications and Experience – Identify the Project Manager and key staff involved in delivering the services outlined in this RFP. Identify the role of each and describe each team member’s experience, qualifications, and proposed role in the project. Relevant information includes related public sector experience; dates, approximate project cost and project duties/responsibilities.
Key firm personnel shall be referenced to personnel resumes (up to 2 pages each) included in the proposal. Identify any subcontractors expected to be used in support of this project including firm resume, key personnel staff resume, and qualifications relative to their supporting role. Include an organization chart that identifies working relationships with team members included.
C. Firm Qualification and Experience ‐ Provide (3) golf course maintenance project/contract examples that are active or were completed in the past five (5) years that represent the firm’s qualifications, expertise and technical capabilities to fulfill all services specified and required to successfully accomplish the work. Information regarding the project location, project description, scope of services performed, project manager, subcontractors, and final contract cost is required. Include a single client contact for each project listed.
D. Project Work Plan & Approach ‐ P resent a well‐d eveloped approach to the Scope of Work, including procedures, methodologies, measures of effectiveness, team 108
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City of Cupertino RFP
RFP for Blackberry Farm Golf Course Maintenance
organization and scheduling of tasks to be performed as well as a statement outlining the anticipated involvement of City staff. Specifically describe the proposed approach for performing and delivering the required scope of services and the firm’s ability to meet the City’s identified maintenance schedule, outlining the approach that would be undertaken in providing the required services. Additionally, identify the approach to resolve potential critical issues and other elements of concern that Contractor would proactively identify.
Proposers are encouraged to suggest technical or procedural innovations that have been used successfully on similar golf course maintenance projects and optional services that may be used for the benefit of this Project.
E. Cost Proposal ‐ A cost proposal will be evaluated with the initial submittal and shall be submitted in accordance with Section 10. The cost proposal shall include the cost for tasks and hour and fee breakdown by the tasks detailed in the Scope of Work, and per the Pricing Table template contained in Attachment B. Line items shall be broken out by subtask, when appropriate.
F. Contract Acceptance ‐ The Contractor must specifically agree, in writing, to accept the Professional/Specialized 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).
7. CLARIFICATIONS AND QUESTIONS
Questions and requests for clarification and/or additional information shall be directed in writing via email to Molly James at [email protected] by September 22, 2025 by 5:00 PM PST. Include “RFP for Blackberry Farm Golf Course Maintenance” 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.
8. SUBMITTAL PROCESS
Interested firms 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 Firms 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.
Proposals shall be submitted no later than 5:00 pm PST on October 3, 2025, and are to be 109
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addressed to Molly James, 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 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.
9. 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 6.
Criteria Possible Points
1. Firm Description, Qualifications and Experience 20
2. Project Team, Qualifications and Experience 30
3. Proposed Work Plan and Approach 40
4. Cost Proposal/Pricing Table 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.
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City of Cupertino RFP
RFP for Blackberry Farm Golf Course Maintenance
10. COST PROPOSAL
A pricing table for the project will be evaluated with the initial submittal. The pricing table (Attachment B) shall be submitted separately under the Fee Submission section in the Business Opportunity webpage with Blackberry Farm Golf Course Maintenance in the subject line. The pricing table will be further analyzed and negotiated with the highest ‐r anked proposer in
alignment with the final scope of work prior to the issuance of a contract for the services identified in this RFP.
T
he cost proposal shall include the following:
• Proposal price shall be inclusive of all costs to manage, furnish and install materials, and implement all aspects of the Scope of Work and Technical Specifications, Attachment A. • The lump sum price for each item must include all direct, indirect, overhead, and markup. Final fee will be formalized in contract documents as a “not to exceed amount.” • Line items shall be broken out by subtask, as indicated in the cost template. Proposers must provide a price for each item in the cost template, 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.
• No markups shall be allowed on reimbursable expenses and the maximum markup on each subcontractor shall be 5%.
The pricing table approved in the final contract shall be used when contracted services are increased or decreased through any future contract amendment.
11. SELECTION CRITERIA
Highly qualified Contractors will demonstrate the following evaluative criteria listed below, not necessarily in order of importance, specifically in line with the evaluation criteria identified in Section 8:
• Prior experience performing similar types and magnitude of work. • Success and range of experience in previous projects, especially projects of similar scope, including quality of work, success in meeting project deadlines, success in meeting project budget, 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.
• Specific approach or solutions that align best with the expected scope of work. • Ability to adapt to changes and factors throughout the process that may affect the project outcome.
• Ability to provide a range of services that meet the project needs. • Ability to meet the City’s schedule for the project.
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City of Cupertino RFP
RFP for Blackberry Farm Golf Course Maintenance
• Special knowledge material to the projects and their execution. • Understanding and experience related to local, regional, and state agencies. • Experience in Cupertino and the south San Francisco Bay Area. • Firm organization and location.
12. SELECTION PROCESS
The City’s Purchasing Officer will recommend to the awarding authority the highest ranked proposer who successfully negotiated the scope and cost with the City.
13. 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.
The City reserves the right to accept or reject any or all proposals received, waive any irregularities, negotiate with qualified proposers , select firms 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 the proposer to revise one or more elements of its proposal in accordance with contract negotiations.
14. 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 Professional/Specialized Services agreement. The Agreement will define basic contractual relationships with attachments that specify the Scope of Services, compensation schedule, and deliverable schedule. A sample City Professional/Specialized Services Agreement is attached to this RFP as Attachment C. Note that the indemnity and insurance requirements that are included as Attachment D are identified in the agreements and must be accepted without modification.
Business License Requirements: The Contractor and their subcontractor 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.
F
ailure 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.
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Attachment A – Scope of Work and Technical Specifications The following services are to be performed after 5:30 a.m. and before 6:00 p.m. Power equipment of any type (except for electric golf carts) are not allowed before 7:00 a.m. City owned golf carts are not available for Contractor use.
1. PUTTING GREENS
1.1 Scope
Greens shall be maintained disease and weed free. Complete renovation of any green is not included in this maintenance project.
1.2 Mowing Frequency
Gr
eens to be mowed six times per week, year‐round. Contractor shall recycle grass trimmings in the Green waste dumpster on‐si
te.
1.3 Height of Cut
The grass on the putting greens is to be 0.135 of an inch.
1.4 Changing Cups
Contractor shall change the cup location on each green daily, year‐round. Placement is to be at least eight feet from the edge of the green, on a level surface. When requested, use the 1/3 rule – 1/3 of the pins back, 1/3 pins middle, 1/3 pins up.
1.5 Fertilization
Contractor to collect soil samples six times per year to determine recommended nutrients, rates of application and frequency of application, with the goal of a sustainable fertility program. Use organic fertilizers, for example, Earthworks or approved equivalent. The City shall determine which of the greens are to be tested. Contractor to use Logan Laboratories or City approved equal for soil testing and recommendations. All fertilizer shall be applied in accordance with all applicable laws, codes, specifications and policies, and at a minimum rate that is consistent with healthy turf.
1.6 Aerification/Top Dressing/Verti‐Cutting
Contractor is to perform DryJect aerification or equal two times per year in March/April and September/October, and overseed with Pencross bentgrass in September. Perform a Dryject Maximus aerification or equal in July. Verti‐cut greens monthly during the growing season.
To
p‐d
ress with TD320 from TMT enterprises or City approved equal.
1.7 Pesticide Application
All pesticide application shall be completed by a qualified person in accordance with all applicable laws, codes, specifications, and policies. Greens to be maintained disease and weed free. Apply all chemicals sparingly. Applications shall be as per EPA regulations. Contractor must possess material safety data sheets (MSDS) for all materials. All posting and re‐entry requirements must be followed.
Contractor to submit a written report of all pesticide applications every two months. Contractor to be present at the annual pesticide use meeting conducted by the City. A recommendation by a licensed Pest Control Advisor (PCA) that is familiar with the Blackberry Farm Golf Course and with its setting and protected natural resources is required for applications, and a licensed staffer with a current 113
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Qualified Applicator License (QAL) or is a Qualified Applicator Certificate holder (QAC) shall be on site and provide oversight during applications is required. All work shall adhere to all laws, regulations, and applicable guidelines for all pesticide applications. Contractor may be required to obtain a Restricted Materials Use Permit and Notice of Intent from the County of Santa Clara Division of Agriculture prior to any applications.
1.8 Protection of Creek
No runoff from fertilizer, pesticide, or chemical applications shall flow into creeks or ponds nor to drainage inlets that discharge to creeks or ponds.
1.9 Interseeding
Contractor shall interseed greens with City approved mix of creeping bentgrass two times per year, in the spring and fall at a rate of 2 lbs. per 1,000 square feet unless otherwise directed.
1.10 Litter Control
Contractor shall assess the area on a regular basis for the removal of all litter (i.e. paper, leaves, cans, bottles, tree branches, etc.).
2. COLLAR MAINTENANCE
2.1 Mowing Frequency
Collars to be mowed two times per week in the spring, summer, and fall. Collars to be mowed one time per week in the winter.
2.2 Height of Cut
The grass on the collars is to be ½ inch year‐round.
2.3 Fertilization
Fertilization of the collars to be applied in the same manner as the greens.
2.4 Weed Control
Weed control of the collars to be applied in the same manner as the greens.
3. TEE MAINTENANCE
3.1 Mowing Frequency
Tees to be mowed three times per week in the spring, summer, and fall. Tees to be mowed two times per week in the winter.
3.2 Height of Cut
The grass on the tees is to be ½ inch year‐round.
3.3 Fertilization
Contractor to collect soil samples six times per year to determine the recommended complete fertilizer to use. Contractor to use Logan Laboratories or City approved equal for soil testing and recommendations. Fertilizer to be applied four times per year in March, May, late August and October. The application rate shall be at the manufacturer’s recommended rate. All fertilizer shall be 114 CC 11-04-2025
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applied in accordance with all applicable laws, codes, specifications, policies, and at minimum rates consistent with healthy turf. Special care shall be taken to prevent fertilizer or fertilizer‐containing runoff from getting into creek areas.
3.4 Aerification
Contractor to aerate four times per year in May and October and as needed.
3.5 Overseeding
Contractor to overseed four times per year with perennial rye grass, at eight pounds per 1,000 square feet unless otherwise directed. Contractor to use seeder/slicer (verti‐cutting) unit for distribution.
3.6 Tee Markers
Contractor shall move and rotate daily. Keep 10 feet apart and eight feet from back of tee box (except where markers do not allow).
3.7 Permanent Yardage Markers
Contractor to keep markers visible at all times.
3.8 Weed Control
Contractor to apply broadleaf weed control two times per year, in the spring and fall.
Broadleaf weed control shall at a minimum control English daisy, clover, spurge, and chickweed.
Contractor to apply one crabgrass control in spring. The appearance of other broad leaf weeds will require the use of appropriate control measures. All weed controls shall be applied in accordance with all applicable laws, codes, specifications, and policies.
3.9 Protection of Creek
No runoff from fertilizer, pesticide, or chemical applications shall flow into creek areas, nor to drain inlets that discharge to creek areas.
3.10 Seed and Topsoil Tees
Contractor to place seeds and sand/organic compost mix on tees daily to repair divots.
3.11 Litter Control
Contractor shall assess the area on a regular basis for the removal of all litter (i.e. paper, leaves, cans, bottles, tree branches, etc.).
4. FAIRWAY MAINTENANCE
4.1 Mowing Frequency
Two to three times per week in growing season and one to two times per week in winter.
4.2 Height of Cut
Fairway grass shall be kept at ¾ inch year‐round.
4.3 Fertilization
Contractor to collect soil samples six times per year to determine the recommended complete fertilizer use. Contractor to use Logan Laboratories or City approved equal for soil testing and 115 CC 11-04-2025
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recommendations. Fertilizer to be applied four times per year in March, May, late August, and October. The application rate shall be at the manufacturer’s recommended rate. All fertilizer shall be applied in accordance with all applicable laws, codes, specifications, policies, and at minimum rates consistent with healthy turf. Special care shall be taken to prevent fertilizer or fertilizer‐containing runoff from getting into creek areas.
4.4 Aerification/Verti‐Cutting
Contractor to aerate, verti‐cut one time per year in April or May.
4.5 Overseeding
Contractor to overseed one time per year with perennial rye grass, at eight pounds per 1,000 square feet unless otherwise directed. Contractor to use seeder/slicer (verti‐cutting) unit for distribution.
Perform spot overseeding as needed with perennial rye grass.
4.6 Weed Control
Contractor to apply broadleaf weed control two times per year, in the spring and fall. Broadleaf weed control is for, but not limited to, English daisy, clover, spurge, and chickweed. Contractor to apply one crabgrass control in spring. All weed controls shall be applied in accordance with all applicable laws, codes, specifications, and policies.
4.7 Protection of Creek
No runoff from fertilizer, pesticide, or chemical applications shall flow into creek areas, nor to drain inlets that discharge to creek areas.
4.8 Litter Control
Contractor shall assess the area on a regular basis for the removal of all litter (i.e. paper, leaves, cans, bottles, tree branches, etc.).
5. ROUGH MAINTENANCE
5.1 Mowing Frequency
Rough to be mowed two times per week, year‐round.
5.2 Height of Cut
Rough to be kept at a height of 1 to 1 ½ inches, year‐round.
5.3 Fertilization
Contractor to collect soil samples six times per year to determine the recommended complete fertilizer use. Contractor to use Logan Laboratories or City approved equal for soil testing and recommendations. Fertilizer to be applied four times per year in March, May, late August, and October. The application rate shall be at the manufacturer’s recommended rate. All fertilizer shall be applied in accordance with all applicable laws, codes, specifications, policies, and at minimum rates consistent with healthy turf. Special care shall be taken to prevent fertilizer or fertilizer‐containing runoff from getting into creek areas.
5.4 Aerification/Verti‐cutting
Contractor to aerate, verti‐cut one time per year in April or May. 116
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5.5 Weed Control
Contractor to apply broadleaf weed control two times per year, in the spring and fall. Broadleaf weed control is for, but not limited to, English daisy, clover, spurge, and chickweed. Contractor to apply one crabgrass control in spring. All weed controls shall be applied in accordance with all applicable laws, codes, specifications, and policies.
5.6 Protection of Creek
No runoff from fertilizer, pesticide, or chemical applications shall flow into creek areas, nor to drain inlets that discharge to creek areas.
5.7 Litter Control
Contractor shall assess the area on a regular basis for the removal of all litter (i.e. paper, leaves, cans, bottles, tree branches, etc.).
6. EQUIPMENT AND STORAGE
6.1 Green Equipment
Th
e City encourages the contractor to use environmentally‐f riendly, or green, equipment and
supplies for this contract. Any portable motorized landscape equipment used for maintenance is required to have a noise level reading of 65dBA or less measured at a distance of 50 feet, as certified by the manufacturer, per municipal code 10.48.010.
6.2 Equipment Maintenance
A
ll mowing equipment shall be on a regular preventative maintenance schedule for hydraulic and oil lines to minimize damage to turf and protect the creek and wildlife habitat from leaks. Hydraulic hoses shall be changed off‐si
te every six months.
6.3 Greens
Mowing equipment shall be nine or more bladed and a reel‐type mower with a frequency of cut at a minimum of .25 at 3.6 mph.
6.4 Tees
Mowing equipment shall be seven or more bladed and a reel‐type mower with a frequency of cut at a minimum of .53 at 4.2 mph.
6.5 Fairways
Mowing equipment shall be six or more bladed and a reel‐type mower with a frequency of cut at a minimum of .67 at 5 mph.
7. PARKING LOT AT GOLF COURSE ENTRANCE
7.1 Sweeping
Contractor shall sweep every two weeks. Manually using a blower is acceptable during the hours of 7:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 6:00 p.m. on weekends, per municipal code
10.48.051.
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7.2 Loose Trash and Garbage Cans
Contractor shall pick up trash and check area daily. Contractor shall remove and dispose all trash from the parking lot.
7.3 Broken Glass/Bottles
Contractor shall pick up and dispose of broken glass or similar potentially harmful materials immediately.
8. MAINTENANCE BUILDING/AREA
8.1 Building
Contractor shall not enter the maintenance building before 5:30 a.m. Contractor shall inspect all equipment for leaks daily. Contractor shall fix leaks and clean up any spills or leaks immediately.
Contractor may use the building to store any equipment or materials necessary for regular course maintenance. Contractor shall not store any equipment or vehicles in the maintenance building, that are not used for regular course maintenance. No barbecues, washing of personal cars, or fires of any kind are allowed. Smoking is not allowed anywhere on the course, patio area, maintenance building or adjacent parking lot, per municipal code 10.90.020.
8.2 Restrooms at Maintenance Building
Public restrooms exist on the golf‐facing side of the golf maintenance building. The public restrooms will be cleaned and maintained by the City or the City’s designee.
8.3 Green Waste Dumpster
Contractor shall contact the City supervisor when the green waste dumpster is full. City is responsible for emptying dumpster. Contractor is responsible for keeping the area around dumpster, free of garbage and debris. Green waste dumpster is to be used for debris collected as a result of golf course maintenance only.
8.4 Blackberry Farm Park Dumpsters
Contractor may dispose of garbage and recycling collected as a result of golf course maintenance only, in the designated dumpsters at Blackberry Farm Park.
9. ENTRY AREA AND PRO SHOP GROUNDS
9.1 Flower Beds
Contractor shall replant the two planter boxes located near the pro shop, a minimum of two times per year. Contractor shall weed, mulch, water, and replenish as needed, year‐round. The planter box located on the number one tee measures approximately 4.5 feet by 35.5 feet (160 sq. ft.). The planter box located near the entrance gate, measures approximately 8 feet by 34 feet (272 sq. ft.).
9.2 Landscape Shrubbery
Contractor shall trim monthly and as needed.
9.3 Patio and Walkways
Contractor shall sweep daily. Manually using a blower is acceptable during the hours of 7:00 118
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a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 6:00 p.m. on weekends, per municipal code 10.48.051.
9.4 Trash and Recycling Containers
Contractor shall pick up trash and empty trash cans located on the patio, daily. Contractor shall empty the cardboard recycling containers located next to the pro shop at least one time per week.
9.5 Foot Brushes and Air Hose
Contractor shall clean and check weekly and replace when worn.
9.6 Leaks from Contractor‐ow ned Golf Carts
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ontractor shall clean immediately.
10. IRRIGATION
10.1 Maintenance
Contractor shall maintain the irrigation system, including irrigation main and lateral lines, sprinkler heads, valves, and controllers in good operation, functioning properly, and conforming to related laws, codes, and regulations. Leaks in the irrigation system shall be repaired by the Contractor.
Contractor shall provide an itemized cost proposal that includes labor rate and materials for the repair of leak using the Hourly Rate table in Attachment B. Any damage to the irrigation system caused by Contractor’s equipment or carelessness while carrying out maintenance operations shall be repaired without charge.
10.2 Frequency
Contractor shall irrigate as required to maintain adequate moisture for growth rate and appearance.
Contractor is to hand water, as needed, all portions of the course that do not receive adequate water from the irrigation system. Irrigation shall be performed at night or early morning when it does not interfere with golf play. Irrigation controller programs shall be adjusted as required.
10.3 Water Conservation
Irrigation controllers shall be programmed to maintain course appearance and health of vegetation while maximizing water conservation. Contractor may be required to reduce irrigation on the tees, fairways, and rough while providing the necessary water to keep the greens healthy at all times.
Adjustments to the irrigation cycle may also be necessary to meet any drought restrictions imposed by Santa Clara Valley Water District and California State Water Board.
10.4 Monitoring
Contractor shall check the system daily, year‐round. Contractor shall make corrections for coverage, clogging of lines, removal of obstacles, tilting of heads, and management of pant materials that obstruct the spray, as they occur.
10.5 Wind Problems
In areas where wind creates problems of spraying on to private property or road rights of way, operation shall occur during a period of lowest wind velocity.
10.6 Testing for Adequate Soil Moisture
Contractor shall determine by visual observation, plant resiliency, turgidity, examining cores 119 CC 11-04-2025
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removed by soil probe, and moisture sensor devices.
10.7 Water Cost
Water costs shall be paid by the City.
11. OTHER AREAS
11.1 Benches and Tee signs
Contractor shall immediately remove any damaged bench and notify the City. City is responsible for replacing benches and tee signs.
11.2 Ball Washers
Contractor shall check for water and soap and supply these daily. Contractor shall replace tee towels monthly or more often if towel is frayed, discolored, or aesthetically unpleasing. City is responsible for replacing ball washers.
11.3 Trash Cans
Contractor shall empty trash cans located on the course, daily, or more frequently if trash cans are overflowing. City is responsible for the replacement of trash receptacles.
11.4 Debris and Trash
Contractor shall remove immediately and dispose of debris and trash in a safe and legal manner.
11.5 Tee Markers
Contractors shall have two sets on each hole. Missing or broken markers shall be replaced immediately.
11.6 Yard Markers
Contractor shall replace any yard markers as needed.
11.7 Out of Bounds and Hazard Stakes
Contractor shall replace out of bounds or hazard stakes, immediately, if missing or broken.
11.8 Flags, Poles, and Cups
Contractor shall replace flags, poles, and cups including at the nine‐hole foot golf course, when they are discolored, frayed, or damaged in any way.
11.9 Sand Traps
Complete renovation of any sand trap is not included in this maintenance project. Contractor shall rake daily. Contractor shall keep sand at a minimum of four inches in depth and keep clear of all weeds. When using a power rake, Contractor shall stay approximately one foot from edge of trap.
When hand‐raking edge of trap, sand shall be pushed inward on the low side and pulled outward on the high side. Contractor shall edge traps monthly and as needed. Sand shall not be dragged out of the trap when exiting the trap with a power rake.
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11.10 Sand Trap Rakes
Contractor shall keep two rakes per sand trap, or more, as needed. Missing or broken rakes shall be replaced immediately.
11.11 Trees
Any tree removal or tree replacement is the responsibility of the City. Contractor shall keep all trees trimmed at least eight feet from the ground to prevent damage to golf cart tops and maintenance equipment, except for trees and shrubs along the creek w hich shall only be trimmed as acceptable by City staff. Contractor shall maintain trees in a safe, healthy, and aesthetically pleasing condition at all times. Contractor shall mow, weed, and/or mulch tree wells as needed. Contractor shall immediately remove any broken tree limbs. Downed brush shall be removed as soon as possible. All trimmings or debris shall be removed from the course unless they are chipped and used for mulch on site. City shall be responsible for removal of dead or fallen trees unless the dead or fallen tree was a result of the Contractor’s negligence.
11.12 Weed Control (Non‐Selective)
Contractor shall use mechanical method of trimming or removing undesirable vegetation in tree wells, perimeter and interior fence lines, barriers, railroad ties, delineators, and along edges of golf play areas that are along the creek or associated native planting areas.
11.13 Foot Bridge
Contractor shall inspect the foot bridge daily for safe conditions and repair the structure immediately when necessary.
11.14 Driving Range
Contractor shall cut grass weekly. Contractor to collect soil samples six times per year to determine the recommended complete fertilizer use. Contractor to use Logan Laboratories or City approved equal for soil testing and recommendations. Fertilizer to be applied four times per year in March, May, late August, and October. The application rate shall be at the manufacturer’s recommended rate. All fertilizer shall be applied in accordance with all applicable laws, codes, specifications, policies, and at min imum rates consistent with healthy turf. Special care shall be taken to prevent fertilizer or fertilizer‐containing runoff from getting into creek areas.
11.15 Perimeter Fencing
City is responsible for all repairs and replacement of perimeter fencing and safety netting.
11.16 Vandalism and Graffiti
Contractor is responsible for the removal/repair of graffiti and vandalism to Contractor‐ owned property. City is responsible for the removal/repair of graffiti and vandalism to any City‐owned property.
11.17 Wildlife
In accordance with Cupertino Municipal Code 8.01.160, “no person shall use a leg‐hold steel jawed trap, steel jawed trap, or steel leg‐hold trap, as defined in Fish and Game Code Section 4004, in any urban service area boundary, as defined in Government Code Section 56080.”
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12. BLACKBERRY FARM WEST SIDE RESTROOMS
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ontractor shall open the restrooms located on the west side of the park between 6:00 a.m. and 6:30 p.m. on the weekends and holidays except for December 25 and January 1. City shall provide Contractor a list of observed holidays by December 1, each year.
13. RECYCLING OF VE GETATION
13.1 Recycling Required
Contractor shall recycle all vegetative material generated. No clippings may be dispersed in the rough or on the fairways. Clippings may be recycled in out of play areas in amounts and locations approved by the City. Cl ippings m ay not be recycled on the creek bank or within 8 feet of the creek edge or in a m
anner that might result in clippings getting into the creek channel at any time. If buildup of pine needles, leaves and grass clippings become excessive in these areas the Contractor will be required to remove them and place them in the vegetation recycling containers provided by the City.
13.2 R
ecycling Facilities
The City shall provide vegetation recycling containers which will consist of toters or bins as required by the quantity of material generated from the maintenance operations.
14. WILDLIFE CONSIDERATIONS
Contractor is to note that a number of federally‐ and state‐protected wildlife species inhabit the Stevens Creek corridor and portions of the golf course. Among the species are steelhead fish, turtles, woodrats, various birds of prey such as hawks, owls and white‐tailed kites, and various migratory birds and songbirds. These animals and their habitat are protected by various federal and state regulations. Those regulations affect activities that could affect wildlife directly or indirectly, including actions on the golf course that could affect the creek and its water quality. Such actions include fertilizer use, pesticide use, irrigation practices, operation of the golf course ponds, vehicle washing, and other procedures.
Contractor shall meet with City staff and representatives annually to review maintenance activities relative to these considerations. Contractor is encouraged meet with City representatives more frequently as needed to ensure compliance. Further considerations are noted below.
15. NESTING BIRDS
Contractor shall be aware of nesting birds on trees within the golf course. If tree trimming or removal is required during the nesting period, the Contractor shall conduct a survey for nesting birds on the entire go
lf course prior to performing the work.
16. TERRESTRIAL WILDLIFE
Vegetation Trimming and Removal: No vegetation along the creek edge or any trees in any location on the golf course shall be trimmed or removed from February 1 to August 31, unless it has been reviewed for presence of nests and protected wildlife by a biologist or qualified professional or City Staff.
Tree Removal: Certain trees are protected by City ordinance. No tree shall be removed or si gnificantly pruned without advance approval by the City representative. 122
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Bird Breeding Season: Breeding season for raptors, birds of prey such as hawks and owls, is normally from February 1 to August 31, with highest activity usually from early or mid March onward. Most such birds and their nests and breeding are protected by law. Routine golf course operations may proceed during breeding season. However, during this time contractor shall endeavor to reduce disturbing activities, such as loud noises or vibration, within 250 feet of a raptor nest site and within 400 feet of a white‐tai
led kite nest site. Songbird nests are generally protected within a 100 foot radius.
R
odenticide Use: Use of any and all rodenticides [to poison squirrels, gophers, mice, rats] or chemicals is banned, unless authorized in advance in writing by the City.
Lighting: Contractor is to minimize use of nighttime lighting, especially in the vicinity of the creek.
Contractor is to operate the golf maintenance facility in a manner that minimizes use of outdoor lighting to the extent feasible. Lights shall only be used when workers are present unless the City provides advance authorization in writing. This stricture applies to outdoor lighting of the maintenance yard.
E
missions: Contractor is to minimize the use of exhaust
‐ a
nd emission‐p
roducing equipment to the
extent compatible with performance of the work (See 6.1 Green Equipment). Contractor shall favor the use of equipment powered by electrical, batteries or hand rather than diesel, gas or oil, as feasible.
Wildlife Reporting: Contractor shall report any observations of the following to the City representative within 1 working day:
• active raptor nests
• turtles
• w
oodrats [potentially San Francisco dusky‐f
ooted woodrat]
• f
rogs [potentially California red‐l
egged frog]
• sal
amanders [potentially California tiger salamander]
• other potentially protected wildlife
17. AQUATIC WILDLIFE
Federally‐t hreatened steelhead inhabit the section of Stevens Creek that is adjacent to the golf course, year round. This fish species is highly protected. Their survival depends on clean cool water, free of harmful levels of fertilizers, pesticides, storm water runoff pollutants, and organic waste. The principal methods to achieve this are minimizing total use of these contaminants, restricting the type of inputs, and having an acceptable method of application via an Integrated Pest Management Plan (IPM). The City has adopted such a plan as discussed elsewhere in this document.
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ontractor is strongly encouraged to operate in conformance with Pilot Salmon Safe Certification Standards for Golf Courses, latest version (May 2018, Version 1.3) available at www.salmonsafe.org and compliance with the City’s NPDES permit.
Due to adverse impacts on fish and aquatic wildlife, use of the following pesticides is not allowed. 123
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Table from Salmon-Safe Urban Standards Version 3.0, April 2021 If use of any of these pesticides is desired, Contractor must submit written documentation to City to demonstrate a clear need for use of the pesticide, that no safer alternatives exist, and that the method of application (such as timing, location, and amount used) represents a negligible risk to water quality and fish habitat. Contractor must secure authorization in advance from City and any involved regulators including Resource Agencies that use of the pesticide may proceed.
Note that some of these pesticides are included on the San Francisco Reduced Risk Pesticide List 124
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(“SF List”). They are hereby deleted from the SF List since they are not suitable for use near creeks and include but are not limited to:
• Triclopyr
These pesticides are not to be used on the golf course unless written authorization is secured in advance.
18. WATER QUALITY CONSIDERATIONS: PROTECTION OF CREEK & PONDS Runoff: No runoff from any applications of chemicals, pesticides or fertilizer shall flow into creeks or ponds, including runoff from allowable products. No runoff other than clean rainwater shall flow into the creek. Contractor shall consider weather conditions and watering regimes in order to schedule application of fertilizer, pesticides and chemicals in a manner that prevents runoff to creeks or ponds. Contractor shall operate irrigation system and watering activities in a manner that prevents irrigation runoff as well. Contractor shall monitor and test for runoff of any chemicals, pesticides, or fertilizer to ensure runoff does not occur.
Equipment Washing: All equipment shall be washed within the equipment wash off area in the golf maintenance yard, or in an equivalent offsite facility that filters wash water and is connected to the sanitary sewer system. Screens shall be cleaned of grass clippings and other material after each use.
No washing is permitted elsewhere.
Po
nd Maintenance: Ponds shall be kept free of excessive vegetation. Vegetation removal shall be done with hand or mechanical means. Such removal shall be timed to avoid wildlife breeding seasons in consultation with the City. Timing will ordinarily be September to January, or potentially as late as mid
‐Mar
ch if nesting and protected wildlife are not present. Contractor shall avoid vegetation management during the nesting season. Locally native vegetation are acceptable to be planted.
A
pond outlet/overflow pipe within the lower pond provides an emergency discharge to the creek.
This outlet pipe must be capped at all times with a tight, sturdy, secure, 3/32” square mesh or tighter screen that is acceptable to City. If slotted the maximum opening width is 1/16”. Pond water level shall be maintained sufficiently below the outlet pipe elevation such that NO POND WATER ENTERS THE OUTLET nor flows to the creek. Contractor shall check the screen to ensure that it is tight, intact and clear at least monthly and shall maintain the mesh in a clear clean condition.
When ponds are in operation, ponds shall be maintained with adequate water level to maintain habitat for existing fish and wildlife populations, unless the City authorizes otherwise. Ponds shall be operated in a manner that prevents algae growth. Avoid over fertilization that contributes to algae growth.
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Attachment B – Pricing Table
Item Description Unit Estimated
Quantity
Unit Price Total ($)
1 Provide all services as set forth in
Attachment A, Putting Greens, Tasks
1.1 – 1.10, each month, January 1, 2026,
through December 31, 2028
Month 36
2 Provide all services as set forth in
Attachment A, Collar Maintenance,
Tasks 2.1 – 2.4, each month, January 1,
2026, through December 31, 2028
Month 36
3 Provide all services as set forth in
Attachment A, Tee Maintenance,
Tasks 3.1 – 3.11, each month, January
1, 2026, through December 31, 2028
Month 36
4 Provide all services as set forth in
Attachment A, Fairway Maintenance,
Tasks 4.1 – 4.8, each month, January 1,
2026, through December 31, 2028
Month 36
5 Provide all services as set forth in
Attachment A, Rough Maintenance,
Tasks 5.1 – 5.7, each month, January 1,
2026, through December 31, 2028
Month 36
6 Provide all services as set forth in
Attachment A, Equipment and
Equipment Storage, Tasks 6.1 – 6.5,
each month, January 1, 2026, through
December 31, 2028
Month 36
7 Provide all services as set forth in
Attachment A, Parking Lot at Golf
Course Entrance, Tasks 7.1 – 7.3, each
month, January 1, 2026, through
December 31, 2028
Month 36
8 Provide all services as set forth in
Attachment A, Maintenance
Building/Area, Tasks 8.1 – 8.4, each
month, January 1, 2026, through
December 31, 2028
Month 36
9 Provide all services as set forth in
Attachment A, Entry Area and Pro
Shop Grounds, Tasks 9.1 – 9.6, each
month, January 1, 2026, through
Month 36
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December 31, 2028
10 Provide all services as set forth in
Attachment A, Irrigation, Tasks 10.1 –
10.6, each month, January 1, 2026,
through December 31, 2028
Month 36
11 Other Areas
11.1 Benches and Tee Signs Each 1
11.2 Ball Washers Month 36
11.3 Trash Cans Month 36
11.4 Debris and Trash Month 36
11.5 Tee Markers Each 1
11.6 Yard Markers Each 1
11.7 Out of Bounds and Hazard Stakes Each 1
11.8 Flags, Poles, and Cups Each 1
11.9 Sand Traps Month 36
11.10 Sand Trap Rakes Each 1
11.11 Trees Month 36
11.12 Weed Control (Non‐Selective) Month 36
11.13 Foot Bridge Month 36
11.14 Driving Range Month 36
11.15 Perimeter Fencing Each 1
12 Opening of the Blackberry Farm of
restrooms on the west end of the park
on weekends and holidays, except
December 25 and January 1
Hours 60
TOTAL C OST
Serv
ices – Hourly Rate
Item Description Standard
Services
Hourly
Rate ($)
Emergency
Services
Hourly
Rate ($)
A Labor Rates
Position:
Position:
Position:
Position:
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Master Professional/Specialized Services Agreement/ Rev. April 2024
MASTER PROFESSIONAL/SPECIALIZED SERVICES
AGREEMENT WITH
1. PARTIES
This Master Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and (“Contractor”) a
for , and is effective
on the last date signed below (“Effective Date”).
2. SERVICES
2.1 Scope of Services. Contractor agrees to provide the Services set forth in the Scope of Services, attached and incorporated here as Exhibit A, on an as-needed basis. The Services must comply with this Agreement and with each Service Order issued by the City’s Project Manager or his/her designee, in accordance with the following procedures, unless otherwise specified in Exhibit A. Contractor further agrees to carry out work in compliance with any applicable local, State, or Federal order regarding COVID-19.
2.2 Service O
rders. Before issuing a Service Order, the City Project Manager will request Services in writing and hold a meeting with Contractor to discuss the Service Order. Contractor will submit a written proposal that includes a specific Scope of Services, Schedule of Performance, and Compensation, which the Parties will discuss. Thereafter, City will execute a Service Order Form for the Services, attached and incorporated here as Exhibit B. The Service Order will specify the Scope of Services, Schedule of Performance, Compensation, and any other conditions applicable to the Service Order. Issuance of a Purchase Order is discretionary. The City Project Manager is authorized to streamline these procedures based on the City’s best interests. Contractor will not be compensated for Services performed without a duly authorized and executed Service Order.
2.3 Contr
actor’s duties and services under this agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project.
Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.
3. TIME OF PERFORMANCE
3.1 Term. This Agreement begins on the Effective Date and ends on (“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy.
Attachment C
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3.2 Schedule of Performance. Contractor must deliver the Services within the time specified in each Service Order, and under no circumstances should the Services go beyond the Contract Time.
3.3 T
ime is of the essence for the performance of all the Services required in this Agreement and in each Service Order. Contractor must have sufficient time, resources and qualified staff to deliver the Services on time. Contractor must respond promptly to each Service Order request.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed $ (“Contract Price”), based upon the Scope of Services in Exhibit A and the budget and rates included. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount.
4.2 Per Service Order. Compensation for Services provided under a Service Order will be based on the rates set forth in the Service Order, which shall not exceed the capped amount specified in the Service Order.
4.3 Invoices and Payments. Except as otherwise provided in a Purchase Order, monthly invoices must state a description of the deliverables completed and the amount due for the preceding month. Thirty (30) days prior to expiration of the Agreement, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Noncompliance with this requirement relieves City of any further payment or other obligations under the Agreement.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City.
5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code.
5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor.
5.5 T
ools, Materials, and Equipment. Contractor will supply all tools, materials, and equipment required to perform the Services under this Agreement.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor 129
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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
In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data.
7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City.
7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval.
7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.
7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-Contractors, prepared or created under this Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired; (b) Completion of the original Services by others;
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(c) Subsequent additions to the original Services; and/or (d) Other City projects.
7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original.
8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment.
Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided.
9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity will be considered an assignment of the Agreement and subject to City approval. Control means fifty percent (50%) or more of the voting power of the business entity.
10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles.
No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and Contractors (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings), of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following:
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(a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary information; (e) Claim of infringement or violation of a U.S patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement.
11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee.
11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order or other transaction.
11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
11.6 This Section 11 shall survive termination of the Agreement.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit C, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act.
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13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws.
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS,) or any other prot ected c lassification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5.
Consistent with City policy prohibiting harassment and discrimination, Contractor understands that ha
rassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated.
Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.
13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws appl icable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in viol ation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a sta ff c apacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement.
14. PROJECT COORDINATION
City Project Manager. The City assigns a s the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with City instructions, service orders and the Schedule of Performance. Contractor must regularly update the City’s project manager about the status, progress and any delays wi th the work. City’s written approval is required prior to Contractor substituting a new Representative which shall result in no additional costs to City.
15. AB
ANDONMENT OF PROJECT
C
ity may abandon or postpone the Project or parts thereof at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in 133
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closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services.
16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product.
17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California.
Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact.
18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs.
19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach.
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.
22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. 134
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23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement.
24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent.
25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law and Attorney Fees, shall survive the Agreement and remain in full force and effect.
26. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission:
To City of Cupertino
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
Attention:
Email:
To Contractor:
Attention:
Email:
27. EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. 135
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IN WITNE
SS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date
CONTRACTOR
By
Name
Title
Date
APPROVE
D AS TO FORM:
MICHAEL K. WOO
Senior Assistant City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
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Insurance Requirements for Professional/Specialized Services Agreement 1 Version: May 2025
Contrac
tor shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City.
MINIM
UM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): with coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01, with limits no less than $2,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. The policy shall include a per project or per location general aggregate endorsement as broad as CG 25 03 or CG 24 04. If a per project/location endorsement is not available, the limit of the general aggregate shall be doubled. 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. Addit
ional Insured coverage under Contractor's policy shall allow and be endorsed "primary and non- contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as the most recent edition of ISO CG 20 01.
c. The
limits of insurance required may be satisfied by a combination of primary and umbrella or excess liability insurance, provided each policy follows form of the underlying policy and 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. The City’s own insurance or self-insurance shall not be called upon.
2. Automobile Liability: Coverage shall be provided using ISO Form Number CA 00 01 (or equivalent) covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 each accident for bodily injury and property damage. Not required. Consultant shall be fully remote and not use automobiles to provide the service.
In the event Consultant uses an automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non -owned and hired autos (any auto-Symbol 1), or if Consultant does not own autos (hired autos-Symbol 8 and non-owned autos-Symbol 9). Evidence shall be provided with a Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and endorsement under the policy prior to the use of any automobile. Consult
ant has provided written confirmation that it does not own any autos. Consultant shall provide coverage for hired autos -Symbol 8 and non-owned autos -Symbol 9. Primary and Non- Contributory coverage and Waiver of Subrogation coverage is waived under the Automobile Liability hired and non-owned only coverage. In the event Consultant uses an owned automobile or automobiles in the operation of its business to provide services under this Agreement, the
EXHIBIT C
Insurance Requirements
Professional/Specialized Services Agreement
Attachment D
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Insurance Requirements for Professional/Specialized Services Agreement 2 Version: May 2025
Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1).
In lieu of Business Automobile Liability, Consultant shall maintain throughout the term of this Agreement and provide the City with evidence (including the policy Declarations Page) of personal automobile insurance coverage in accordance with the laws of the State of California. As available under the policy, evidence shall be provided with the Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and endorsement. City approval of coverage is required prior to commencement of services.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance of no less than $1,000,000 each accident / disease. Not required. Consultant has provided written verification of no employees.
4. Professional Liability for professional acts, errors and omissions, if applicable and as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If written on a claims-made basis form:
a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services.
OTHER INSURANCE PROVISIONS
The aforementioned insurance policies shall contain, be endorsed and have the following conditions and provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered and endorsed as additional insureds on Contractor’s CGL and automobile liability policies. General Liability coverage shall be in the form of an endorsement to Contractor’s insurance (at least as broad as ISO Form CG 20 10 (11 85) or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms, if a later edition is used.
Primary and Non-Contributory Coverage
Except for Workers’ Compensation, coverage afforded to City/Additional Insureds shall allow and be endorsed primary with coverage at least as broad as the most recent edition of ISO CG 20 01 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, and volunteers shall be excess of Contractor’s insurance and shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. If a carrier will not provide the required notice of cancellation or policy modification, the Contractor shall provide written notice to the City of a cancellation or policy modification no later than 30 days in advance or 10 days in advance if due to non-payment of premiums.
Waiver of Subrogation
Contractor waives any right to subrogation against City/Additional Insureds for recovery of damages to the 138
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Insurance Requirements for Professional/Specialized Services Agreement 3 Version: May 2025
extent said losses are covered by the insurance policies required herein. Specifically, the General Liability, Automobile Liability and Workers’ Compensation policies shall allow and be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and volunteers. 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 (Insert on the Certificate of Insurance, if zero, insert “$0”). At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Contractor 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 A-VII or higher.
Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required amendatory 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 to City prior to commencing the Services. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City retains the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance required herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Higher Insurance Limits
If Contractor 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 Contractor.
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.
Insurance coverage shall not limit Contractor’s duties to indemnify, defend and hold City harmless. City reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
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CITY OF CUPERTINO
Agenda Item
25-14150 Agenda Date: 11/4/2025
Agenda #: 11.
Subject: Introduce an ordinance for Municipal Code Amendments to Title 16, Buildings and Construction, of the Cupertino Municipal Code adopting the California Buildings Standards Code and Fire Code, for consistency with Assembly Bill 130 and making local exceptions as mandated by the State of California
1. Introduce and conduct the first reading of Ordinance No. 25-2278: “An Ordinance of the City Council of the City of Cupertino Amending Chapters 16.02, 16.04, 16.06, 16.10, 16.16, 16.20,
16.24, 16.40, 16.42, 16.54, 16.58, 16.62, 16.64, 16.68 and 16.80 of Title 16 of the Cupertino Municipal Code adopting the California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Wildland-Urban Interface, Fire, Historical Building Code, Fire, Existing Building Code, Green Building Standards Code, Referenced Standards Code, Uniform Housing Code, and Property Maintenance Code with certain exceptions, deletions, modifications, additions and amendments”;
2. Adopt Resolution No. 25-092 making factual findings with respect to the local geological, topographical, and climatic conditions necessary to make local amendments to the California Building Standards Code.
3. Find the project is exempt from CEQA pursuant to 14 California Code of Regulations Sections 15061(b)(3) and 15308.
CITY OF CUPERTINO Printed on 10/29/2025Page 1 of 1
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
November 4, 2025
Subject
Introduce an ordinance for Municipal Code Amendments to Title 16, Buildings and Construction, of the Cupertino Municipal Code adopting the California Buildings Standards Code and Fire Code, for consistency with Assembly Bill 130 and making local exceptions as manda ted by the State of California
Recommended Action
1. Introduce and conduct the first reading of Ordinance No. 25 -XXX: “An Ordinance of the City Council of the City of Cupertino Amending Chapters 16.02, 16.04, 16.06, 16.10, 16.16,
16.20, 16.24, 16.40, 16.42, 1 6.54, 16.58, 16.62, 16.64, 16.68 and 16.80 of Title 16 of the Cupertino Municipal Code adopting the California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Wildland-Urban Interface, Fire, Historical Building Code, Fire, Existing Buildin g Code, Green Building Standards Code, Referenced Standards Code, Uniform Housing Code, and Property Maintenance Code with certain exceptions, deletions, modifications, additions and amendments”;
2. Adopt Resolution No. 25-XXX making factual findings with respect to the local geological, topographical, and climatic conditions necessary to make local amendments to the California Building Standards Code.
3. Find the project is exempt from CEQA pursuant to 14 California Code of Regulations Sections 15061(b)(3) and 15308.
Background
The Building Standards Commission (BSC) mandates the California Code of Regulations, Title 24, also referred to as the California Building Standards Code be adopted by local jurisdictions.
The California Building Standards Code is published in its entirety every three years by order of the California legislature, with supplements published in intervening years. The local Tri-chapter Uniform Code Committee (TUCC) is made up of local Building Officials serving communities in the East Bay ( East Bay Chapter), communities along the peninsula from as far north as San Francisco and as far south as Gilroy (Peninsula Chapter) and communities serving the Monterey County area (Monterey Chapter) and takes on the responsibility to review and amend the model codes to enhance regional consistency in application and enforcement of the adopted codes. The committee develops standardized codes, interpretations and local amendments to maintain consistency from one jurisdiction to another.
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The State of California allows local municipalities to modify the state adopted building standards to make them more restrictive (not less), provided certain findings are made that the proposed modifications are necessary due to special local climatic, geological or topographical condi tions that can affect the health, welfare and safety of local residents. Pursuant to Health and Safety Code 17958, 18941.5 and 13869, Administrative standards do not require a justification or findings to justify proposed amendments. Building Standards, including Green Building Standards, must be justified on the basis of one or more local climatic, geological or topographical conditions.
Justifications following the table of amendments to Title 16 of the Cupertino Municipal Code discuss reasons and just ifications for each amendment. Each amendment is identified by the Section number used in the proposed Ordinance. The Building and Fire codes were made available to the public in the City Clerk's office prior to the adoption of this ordinance as required by law.
Local Amendments:
California’s Health and Safety Code (HSC) requires local jurisdictions to adopt the California Building Standards Code for local enforcement with 180 days after Title -24, California Code of Regulations (C.C.R.) is published. In adopting Title-24 for local enforcement, the jurisdiction may amend the standards if such amendments are necessary to address a local geologic, topographic or climatic condition. Cupertino has worked with other local jurisdictions in the Bay Area to ensure consistency among amendments as part of the TUCC. The Local Amendments included in the code adoption package that are recommended to be adopted by City Council are more stringent than the State Codes and are identified in Exhibit A of the “Matrix Table for Justification and Findings for Local Amendments”.
Here is a summary of the significant changes to our ordinance:
The Ordinance reflects the state mandated adoption of the 2025 edition of the California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Wildland-Urban Interface, Historical Building, Fire, Existing Building, Referenced Standards and Green Building Standards codes by a single ordinance.
The Fire Protection and Life Safety System requirements of Section 903.2 for both the Building and Fire codes have been updated to better define when fire sprinkler protection systems are required.
The administrative portion of the code has been re-organized and cleaned up in the 2025 California Code of Regulations. Revised the ordinance to match. The Wildland-Urban Interface requirements that used to be sections within the Residential and Building Codes has been relocated into Part 7 of the California Code of Regulations – Title 24.
The amendments made to the Energy Code under Ordinance No. 2265 for the electrical make ready provisions have been included in the 2025 Energy Code which results in these amendments being unnecessary.
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Building Code Statement of Findings:
Amendments to the 202 5 California Code of Regulations are reasonably necessary for the protection of the public health, safety and welfare, due to the local climatic, geologic or topographical conditions specified as follows:
The Bay Area region is a densely populated area having buildings constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the recent 1989 Loma Prieta Earthquake. Seismically, Cupertino is si tuated adjacent to active earthquake faults capable of producing substantial seismic events. The city has the San Andreas and Sargent-Berocal faults running through the lower foothills and the Monta Vista fault system closer to the valley floor area. The Hayward fault is just northeast of the city which would have a major effect upon the City if it were to rupture. Adding to this threat, the number of vehicles driven in Cupertino is steadily increasing with commuters driving to and through the city either to their homes, shopping and/or places of employment. Since the City is divided by major freeways and expressways, the occurrence of a major earthquake would significantly impact the ability of fire crews to respond to emergencies should one or more freew ay/expressway bridges collapse or be substantially damaged.
Some of the amendments include structural provisions of the code that were reviewed and recommended by the TUCC. These proposed amendments are necessary for the protection of the public health, safety and welfare, due to the local climatic, geologic or topographical conditions.
Fire Code Statement of Findings:
Amendments to the 2025 California Fire Code are reasonably necessary for the protection of the public health, safety and welfare, due to the local climatic, geologic or topographical conditions specified as follows:
The City of Cupertino experiences low humidity, high winds and warm temperatures during the summer months, creating conditions which are particularly conducive to the ignition and spread of grass, brush and structure fires. Additionally, the City of Cupertino is geographically situated adjacent to active earthquake faults capable of producing subs tantial seismic events. Since the City of Cupertino is divided by an active Union Pacific railway service line (freight), creeks, highways, and other substantial traffic corridors, the occurrence of a major earthquake would significantly impact the ability of fire crews to respond to emergencies should one or more bridges collapse or be substantially damaged. In addition, fire suppression capabilities would be severely limited should the water system be extensively damaged during the seismic event.
Therefore, mitigation measures are necessary such as: automatic fire suppression systems, communications systems, access to buildings, seismic protection, safety controls for hazardous materials and other safeguards to minimize the risks to citizens, firefighters and property due to the severity of the fire threat and potential response delays.
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The local Fire Code amendments to the California Fire Code provided by Santa Clara County were developed by the Santa Clara County Fire Marshals Association and endorsed by the Santa Clara County Fire Chiefs Association. The intent is to have consistency in the application of codes related to fire safety. The amendments have been provided to all Cities within the Santa Clara County Fire Department jurisdiction, as well as surrounding County jurisdictions, to be included in their respective code adoption package for consistency of enforcement.
Sustainability Impact
The 202 5 Green Buildings Standards Code and 202 5 Energy Code supports Cupertino’s sustainability strategy by increasing requirements in several key areas. For example, electric heat pumps are now the preferred form of space conditioning statewide in the 202 5 Energy Code.
Another example is a new requirement that requires the installation of additional electric vehicle infrastructure and chargers for residential projects. These statewide changes, in addition to Cupertino’s locally adopted green building provisions, are important tools to implement the Climate Action Plan 2.0.
Effective Date of Code Adoption:
July 1, 2025, the BSC published the 2025 edition of the California Building Standards Code. The 2025 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Fire, Wildland- Urban Interface Code, Historical Building Code, Existing Buildi ng Code, Referenced Standards Code, and Green Building Standards Codes as mandated by the State of California will become effective on January 1st, 2026. Plans submitted after January 1st, 2026, will be required to comply with the new 2025 California Codes along with the local adopted amendments.
Fiscal Impact
No fiscal impact.
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Sean Hatch, Building Official
Reviewed by: Ben Fu, Director of Community Development
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, Interim City Manager Attachments:
A – Draft Ordinance amending Title 16 of the Cupertino Municipal Code – Redline B – Draft Ordinance amending Title 16 of the Cupertino Municipal Code - Clean C – Draft Resolution including Justification and Findings for Local Amendments
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1 ATTACHMENT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTERS 16.02, 16.04, 16.06, 16.10, 16.16, 16.20, 16.24, 16.40, 16.42, 16.54,
16.58, 16.62, 16.64, 16.68 and 16.80 OF TITLE 16 OF THE CUPERTINO MUNICIPAL
CODE ADOPTING THE CALIFORNIA BUILDING, RESIDENTIAL, ELECTRICAL,
MECHANICAL, PLUMBING, ENERGY, WILDLAND-URBAN INTERFACE CODE,
HISTORICAL BUILDING CODE, FIRE, EXISTING BUILDING CODE, GREEN
BUILDING STANDARDS CODE, REFERENCED STANDARDS CODE, UNIFORM
HOUSING CODE, AND PROPERTY MAINTENANCE CODE, WITH CERTAIN EXCEPTIONS, DELETIONS, MODIFICATIONS, ADDITIONS AND AMENDMENTS.
WHEREAS, pursuant to Sections 17922, 17958, 17958.5, 17958.7, 17958.11, and 18941.5 of the California Health and Safety Code, the City of Cupertino may adopt the provisions of the 2025 California Administrative Code (Part 1 of Title 24), 2025 California Building Code (Part 2 of Title 24, based on the 2024 International Building Code), the 2025 California Residential Code (Part 2.5 of Title 24 based on the 2024 International Residential Code), the 2025 California Electrical Code (Part 3 of Title 24 based on the 2023 National Electrical Code), The 2025 California Mechanical Code (Part 4 of Title 24 based on the 2024 Uniform Mechanical Code), the 2025 California Plumbing Code (Part 5 of Title 24 based on the 2024 Uniform Plumbing Code), the 2025 California Energy Code (Part 6 of Title 24), the 2025 California Wildland-Urban Interface Code (Part 7 of Title 24 based on the 2024 International Wildland-Urban Interface Code), the 2025 California Historical Building Code (Part 8 of Title 24), the 2025 California Fire Code (Part 9 of Title 24 based on the 2024 International Fire Code), the 2025 California Existing Building Code (Part 10 of Title 24 based on the 2024 International Existing Building Code), the 2025 California Green Building Standards Code (Part 11 of Title 24), the 2025 California Referenced Standards Code (Part 12 of Title 24) with certain amendments to those provisions which are reasonably necessary to protect the health, welfare and safety of the citizens of Cupertino because of the local climatic, geological, and topographical conditions; and
WHEREAS, over the years, the City Council made factual findings set forth in respective sections of Chapter 16 of the Cupertino Municipal Code relating to the amendments to the California codes; and
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Ordinance No. 25-XXXX